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

April the Twenty-Fourth, Two Thousand and Two

Mayor Containing PAGE Jane L. Campbell City Council 3 President of Council The Calendar 17 Frank G. Jackson Board of Control 19 Civil Service 25 Clerk of Council Board of Zoning Appeals 25 Ruby F. Moss Board of Building Standards and Building Appeals 26 Ward Name Public Notices 26 1 Joseph T. Jones Public Hearings 26 2 Robert J. White City of Cleveland Bids 26 3 Zachary Reed Adopted Resolutions 4 Kenneth L. Johnson and Ordinances 27 5 Frank G. Jackson Committee Meetings 49 6 Patricia J. Britt Index 49 7 Fannie M. Lewis 8 Sabra Pierce Scott 9 Kevin Conwell 10 Roosevelt Coats 11 Michael D. Polensek PRESORTED STANDARD 12 Edward W. Rybka U. S. POSTAGE PAID CLEVELAND, OHIO 13 Joe Cimperman 14 Nelson Cintron, Jr. Permit No. 1372 15 Merle R. Gordon 16 Michael C. O’Malley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan

Pr inted on Recycled Pap e r DIRECTORY OF CITY OFFICIALS

CITY COUNCIL–LEGISLATIVE Park Maintenance and Properties – Richard L. Silva, Commissioner, President of Council–Frank G. Jackson Public Auditorium – E. 6th & Lakeside. Wa r d Na m e Re s i d e n c e Property Management – Tom Nagle, Commissioner, East 49th & Harvard 1 Joseph T. Jones ...... 4691 East 177th Street 44 1 2 8 Recreation – Michael Cox, Commissioner, Room 8 2 Robert J. White ...... 3760 East 126th Street 44 1 0 5 Research, Planning & Development – Mark Fallon, Commissioner, 1501 3 Zachary Reed...... 3734 East 149th Street 44 1 2 0 N. Marginal Road, Burke Lakefront Airport 4 Kenneth L. Johnson ...... 2948 Hampton Road 44 1 2 0 DEPT. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, Director, 3rd 5 Frank G. Jackson ...... 2327 East 38th Street 44 1 1 5 Floor, City Hall. 6 Patricia J. Britt ...... 12402 Britton Drive 44 1 2 0 7 Fannie M. Lewis...... 7416 Star Avenue 44 1 0 3 DIVISIONS: Administrative Services – Terrence Ross, Commissioner. 8 Sabra Pierce Scott...... 9212 Kempton Avenue 44 1 0 8 Building & Housing – Robert Vilkas, Commissioner, 5th Floor, City Hall. 9 Kevin Conwell...... 774 East 131st Street 44 1 0 8 Neighborhood Services – Louise V. Jackson, Commissioner. 10 Roosevelt Coats...... 1775 Cliffview Road 44 1 1 2 Neighborhood Development – Sharon Dumas, Commissioner. 11 Michael D. Polensek ...... 17855 Brian Avenue 44 1 1 9 DEPT. OF PERSONNEL AND HUMAN RESOURCES –Eduardo A. Romero, 12 Edward W. Rybka ...... 6832 Indiana Avenue 44 1 0 5 Director, Room 121 13 Joe Cimperman...... 3053 West 12th Street 44 1 1 3 DEPT. OF ECONOMIC DEVELOPMENT – Christopher P. Warren, Director, 14 Nelson Cintron, Jr...... 4326 Daisy Avenue 44 1 0 9 Room 210 15 Merle R. Gordon...... 1700 Denison Avenue 44 1 0 9 16 Michael C. O’Malley...... 6710 Brookside Drive 44 1 4 4 DEPT. OF AGING – Jane E. Fumich, Director, Room 122 17 Matthew Zone ...... 1228 West 69th Street 44 1 0 2 DEPT. OF CONSUMER AFFAIRS – Kenya Taylor, Director 18 Jay Westbrook ...... 10513 Clifton Boulevard 44 1 0 2 COMMUNITY RELATIONS BOARD – Room 11, John E. Barnes, Jr., Director; 19 Dona Brady...... 3466 Bosworth Road 44 1 1 1 Mayor Jane L. Campbell, Chairman Ex–Officio; Mary Adele Springman, 20 Martin J. Sweeney ...... 3632 West 133rd Street 44 1 1 1 Vice–Chairman; Councilman Kevin Conwell, Councilman Matthew Zone, 21 Michael A. Dolan ...... 16519 West Park Road 44 1 1 1 City Council Representatives; Rev. Bruce Goode, Paula Castleberry, Clerk of Council – Ruby F. Moss, 216 City Hall, 664–2840 Charles E. McBee, Mary Adele Springman, Esq., Terez E. Woods, Emmett First Assistant Clerk – Sandra Franklin Saunders, John Banno, Mary Jane Buckshot, Kathryn M. Hall, Raymond MAYOR – Jane L. Campbell Negron, Evangeline Hardaway, Edna Fuentes-Casiano, Janet Jankura, Terrell Cole, Executive Assistant Gia Hoa Ryan. Erik Janas, Executive Assistant CIVIL SERVICE COMMISSION – Room 119, Anne Bloomberg, President; Rev. Rodney Jenkins, Executive Assistant Earl Preston, Vice President; Jonalyn M. Krupka, Secretary; Members: David M. McGuirk, Executive Assistant Marie Gustavsson-Monago, Cornell P. Carter, Matthew Dotson. Timothy Mueller, Executive Assistant Henry Guzman, Director, Office of Equal Opportunity SINKING FUND COMMISSION – Jane L. Campbell, President; Betsy Hruby, Margreat A. Jackson, Legislative Affairs Liaison Asst. Sec’y.; ______, Director; Council President Frank G. Jackson. DEPT. OF LAW – Richard F. Horvath, Acting Director, Galen L. Schuerlein, Acting Chief Counsel, Room 106 BOARD OF ZONING APPEALS – Room 516, Carol Johnson, Chairman; Karen E. Martines, Law Librarian, Room 100 Members; Margreat Hopkins, Ozell Dobbins, Joan Shaver-Washington, Eugene Cranford, Jr., Secretary. DEPT. OF FINANCE – Robert H. Baker, Director, Room 104; Frank Badalamenti, Manager, Internal Audit BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Denk, Chairman; James Williams, Arthur Saunders, Alternate DIVISIONS: Accounts – Shareen Jackson, Commissioner, Room 19 Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Members – D. Cox, P. Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. City Treasury – Algeron Walker, Treasurer, Room 115 BOARD OF REVISION OF ASSESSMENTS – Law Director Richard F. Financial Reporting and Control – Joel Nacion, Acting Controller, Room 18 Horvath, President; Finance Director Betsy Hruby, Secretary; Council Information Systems Services – Cleo Henderson, Commissioner, President Frank G. Jackson. 1404 E. 9th St. BOARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Purchases and Supplies – Myrna Branche, Commissioner, Room 128 Director Richard F. Horvath; Councilman Martin J. Sweeney. Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Av e n u e BOARD OF REVIEW – (Municipal Income Tax) – Law Director Richard F. Taxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue Horvath; Utilities Director Darnell Brown; Council President Frank G. Jackson. DEPT. OF PUBLIC UTILITIES – Darnell Brown, Acting Director, 1201 Lakeside Avenue CITY PLANNING COMMISSION – Room 501 – Christopher S. Ronayne, Director; Anthony J. Coyne, Chairman; David Bowen, Lillian W. Burke, DIVISIONS – 1201 Lakeside Avenue Lawrence A. Lumpkin, Gloria Jean Pinkney, Rev. Sam Edward Small, Cleveland Public Power – James F. Majer, Commissioner Councilman Joseph Cimperman. Street Lighting Bureau – ______, Acting Chief Utilities Fiscal Control – Dennis Nichols, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Water – Julius Ciaccia, Jr., Commissioner Chairman; Clint Martin, Mark Rivera. Water Pollution Control – Darnell Brown, Commissioner MORAL CLAIMS COMMISSION – Law Director, Richard F. Horvath; DEPT. OF PORT CONTROL – Michael G. Konicek, Acting Director, Chairman; Finance Director Betsy Hruby; Council President Frank G. Cleveland Hopkins International Airport, 5300 Riverside Drive; Jackson; Councilman Dona Brady; Councilman Martin J. Sweeney. Burke Lakefront Airport – Khalid Bahkur, Commissioner BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort, Chairman; Cleveland Hopkins International Airport – Fred Szabo, Commissioner Donald Baulknilght, Anton J. Eichmuller, J. Gilbert Steele, Raymond DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113 Ossovicki, Chief Electrical Inspector; Laszlo V. Kemes, Secretary to the DIVISIONS: Architecture – Kurt Weibusch, Commissioner, Room 517 Board. Engineering and Construction – Randall E. DeVaul, Commissioner, BOARD OF EXAMINERS OF PLUMBERS – Joseph Gyorky, Chairman; Room 518 Earl S. Bumgarner, Alfred Fowler, Jozef Valencik, Lawrence Skule, Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Ya r d s Chief Plumbing Inspector; Laszlo V. Kemes, Secretary to the Board. Streets – Randell T. Scott, Commissioner, Room 25 CLEVELAND LANDMARKS COMMISSION – Room 519 – Richard Traffic Engineering & Parking – Robert Mavec, C o m m i s s i o n e r , Schanfarber, Chairman; Paul Volpe, Vice Chairman; N. Kurt Wiebush, 4150 East 49th Street, Building #1 James Gibans, Sandra Morgan, Hunter Morrison, Theodore Sande, Galen Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Schuerlein, Randall Shorr, Councilman Joseph Cimperman, Dwayne J. Av e n u e . Simpson, Robert Keiser, Executive Secretary. DEPT. OF PUBLIC HEALTH – ______, Acting Director, Mural CLEVELAND MUNICIPAL COURT Building, 1925 St. Clair Avenue JUSTICE CENTER – 1200 ONTARIO STREET DIVISIONS: Correction – Robert Tasky, Commissioner, Cleveland JUDGE COURTROOM ASSIGNMENTS House of Corrections, 4041 Northfield Road Ju d g e Co u r t r o o m Environment – Michael Krzywicki, Acting Commissioner, Mural Building, Presiding and Administrative Judge Larry A. Jones 13 C 1 9 2 5 St. Clair Avenue Judge Ronald B. Adrine 15 A Health – Susan E. Axelrod, Commissioner, Mural Building, Judge C. Ellen Connally 15 C 1925 St. Clair Avenue Judge Sean C. Gallagher 12 C DEPT. OF PUBLIC SAFETY – James A. Draper, Director, Room 230 Judge Emanuella Groves 12 B DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 W. 7th Street Judge Mabel M. Jasper 14 D Emergency Medical Service – Edward Eckart, C o m m i s s i o n e r , Judge Kathleen Ann Keough 13 D 1708 South Pointe Drive Judge Mary E. Kilbane 14 C Fire – Kevin G. Gerrity, Chief, 1645 Superior Avenue Judge Ralph J. Perk, Jr. 14 B Police \ Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Raymond L. Pianka (Housing Court Judge) 13 B Judge Angela R. Stokes 13 A DEPT. OF PARKS, RECREATION & PROPERTIES –James Glending, Acting Director, Cleveland Convention Center, Clubroom A, 1220 E. 6th St. Judge Robert J. Triozzi 14 A Judge Joseph J. Zone 12 A DIVISIONS: Convention Center & Stadium – James Glending, Commissioner, Public Auditorium, E. 6th and Lakeside Ave. Earle B. Turner – Clerk of Courts, Michael E. Flanagan–Court Administrator, Parking Facilities – Dennis Donahue, Commissioner, Public Auditorium, Paul J. Mizerak–Bailiff; Kenneth Thomas–Chief Probation Officer, E. 6th and Lakeside Ave. Gregory F. Clifford–Chief Magistrate The City Re c o rd

Vol. 89 W E D N E S DAY, APRIL 24, 2002 No. 4611 CITY COUNCIL OFFICIAL PUBLICATIONMONDAY, APRILOF THE 22, 2002CITY OF CLEVELAND

The City Record WEDNESDAY—Alternating COMMUNICATIONS Published weekly under authority 10:00 A.M.—Aviation & Transporta- File No. 702-02. of the Charter of the tion Committee: Westbrook, Chair- From the Ohio Department of City of Cleveland man; Sweeney, Vice Chairman; Britt, Transportation re: copy of co-opera- Subscription (by mail) $75.00 a year Dolan, Gordon, Reed, Rybka. tive contract, between Cleveland — 10:00 A.M.—Public Safety Commit- Cuyahoga County, Project No. 203(02). January 1 to December 31 tee: Reed, Chairman; Britt, Vice Received. Interim subscriptions prorated Chairman; Brady, Cimperman, Coats, $6.25 per month Conwell, Jones, White, Zone. File No. 703-02. From Program Management Team, Address all communications to WEDNESDAY—Alternating Parsons, Tyler, Choice re: Cleveland RUBY F. MOSS Hopkins International Airport — 1:30 P.M.—Public Utilities Commit- March 2002, Monthly Report. Re- Clerk of Council te e : Coats, Chairman; O’Malley, Vice ceived. 216 City Hall Chairman; Brady, Cintron, Jones, Polensek, Sweeney, Westbrook, Zone. FROM DEPARTMENT OF 1:30 P.M.—City Planning Commit- LIQUOR CONTROL PERMANENT SCHEDULE tee: Cimperman, Chairman, Rybka, STANDING COMMITTEES Vice Chairman, Conwell, Lewis, File No. 704-02. O’Malley, Scott, Westbrook. Re: Transfer of Ownership Appli- OF THE COUNCIL cation — 5413068 — Madison Avenue 2002-2005 The following Committees are Mini Mart, Inc., Mike’s Food Market, subject to the Call of the Chairman: 10500 Madison Avenue. (Ward 19). MONDAY Rules Committee: Jackson, Chair- Received. man; O’Malley, Reed, Sweeney. Personnel and Operations Commit- File No. 705-02. 9:30 A.M. — Public Parks, Property tee: Gordon, Chairman; Britt, Cim- Re: New Application — 8780685 — & Recreation Committee: Johnson, perman, Coats, Scott. Tamara Tait, d.b.a. R. & T. Resale Chairman; White, Vice Chairman; and Variety, 15638 Holmes Avenue. Cimperman, Dolan, Jones, Rybka, (Ward 11). Received. Sweeney. OFFICIAL PROCEEDINGS File No. 706-02. MONDAY—Alternating CITY COUNCIL Re: New Application — 0370192 — ______Badah Enterprises, Inc., d.b.a. Mara- 11:00 A.M. — Public Service Com- thon #1, 4915 Memphis Avenue. Cleveland, Ohio (Ward 16). Received. mittee: Sweeney, Chairman; Jones, Monday, April 22, 2002. Vice Chairman; Brady, Cimperman, The meeting of the Council was File No. 707-02. Johnson, O’Malley, Polensek, White, called to order, The President, Zone. Re: Transfer of Ownership and Frank G. Jackson, in the Chair. Location Application — 2842831 — 11:00 A.M. — Employment, Affir- Council Members present: Brady, Foundation Investment of Ohio mative Action & Training Commit- Britt, Cimperman, Cintron, Coats, LTD, d.b.a. La Tortilla Feliz, 2161 tee: Lewis, Chairman; Conwell, Vice Conwell, Dolan, Gordon, Johnson, West 14th Street. (Ward 13). Re- Chairman; Cintron, Coats, Johnson, Jones, Lewis, O’Malley, Polensek, ceived. Reed, Rybka, Scott, Sweeney, West- Reed, Polensek. brook, White, Zone. File No. 708-02. Also present were Mayor Camp- MONDAY Re: Transfer of Ownership and bell, Acting Director Horvath, Chief Location Application — 79978020005 Assistant Director of Law Langhen- 2:00 P.M. — Finance Committee: — 786 Front Street, Inc., 11121 West- ry, Acting Director Hruby, Acting ern Avenue. (Ward 19). Received. Jackson, Chairman; Sweeney, Vice Director Brown, Acting Director Chairman; Brady, Britt, Coats, Gor- Konicek, Director Ricchiuto, Direc- File No. 709-02. don, O’Malley, Reed, Scott, West- tor Draper, Acting Director Glend- Re: Transfer of Ownership and brook, White. ing, Director Hudecek, Director Location Application — 9289786 — Romero, Director Warren, Director Vivo Cleveland LLC, 410 Euclid TUESDAY Ronayne, Director Guzman, Director Avenue, Suite 152. (Ward 13). Re- Barnes, and Chief Tame. Rodney ceived. 9:30 A.M. — Community and Econo- Jenkins, Executive Assistant to the mic Development Committee: Gor- Mayor, Margreat A. Jackson, Leg- File No. 710-02. islative Affairs Liaison, Director don, Chairman; Cimperman, Vice Re: Stock Transfer Application — McCall, Executive Assistants Shock- 2821935 — Formosa Tavern, Inc., Chairman; Cintron, Coats, Jones, ley, Johnson and Jackson were also Lewis, Reed, Scott, Zone. 11239-43 Superior Avenue. (Ward 9). present. Received. TUESDAY—Alternating Council President Jackson asked PLATS that all rise for a moment of silent 1:00 P.M. — Public Health Com- prayer. Pledge of Allegiance. File No. 623-02. mittee: Britt, Chairman; Zone, Vice By Councilman Cimperman. Chairman; Cintron, Conwell, Gordon, MOTION Sutton Builders, Inc. — Subdivi- Scott, Polensek. sion, Dedication and Widening Plat. On the Motion of Council Member (Ward 13). 1:30 P.M. — Legislation Committee: Lewis, the reading of the minutes of Approved by Committees on Pub- White, Chairman; Scott, Vice Chair- the last meeting was dispensed with lic Service and City Planning. man; Dolan, Gordon, Johnson, Ryb- and the journal approved. Seconded Without objection, plat approved. ka, Westbrook. by Council Member Jones. Yeas 21. Nays 0. 815 4 The City Record April 24, 2002

File No. 624-02. FIRST READING EMERGENCY said Director, to be purchased by By Councilman Brady. ORDINANCES REFERRED the Commissioner of Purchases and West 110th Street — Dedication Supplies for a gross price for the Plat. (Ward 19). Ord. No. 722-02. Division of Taxation, Department Approved by Committees on Pub- By Councilman Jackson (by of Finance. lic Service and City Planning. departmental request). Section 2. That the cost of said Without objection, plat approved. An emergency ordinance to amend contract hereby authorized shall be Yeas 21. Nays 0. Section 2 of Ordinance No. 343-02, paid from Fund No. 81 SF 001, Re- passed April 1, 2002, relating to a quest No. 106654. CONDOLENCE RESOLUTIONS requirement contract of ready mix Section 3. That this ordinance is concrete, for the various divisions of hereby declared to be an emergency measure and, provided it receives The rules were suspended and the City government. the affirmative vote of two-thirds of following Resolutions were adopted Whereas, this ordinance consti- all the members elected to Council, by a rising vote: tutes an emergency measure provid- ing for the usual daily operation of it shall take effect and be in force a municipal department; now, there- immediately upon its passage and Res. No. 711-02—William Lewis. fore, approval by the Mayor; otherwise it Res. No. 712-02—Birteen Moore Be it ordained by the Council of shall take effect and be in force Smith. the City of Cleveland: from and after the earliest period Section 1. That Section 2 of Ordi- allowed by law. CONGRATULATION RESOLUTIONS nance No. 343-02, passed April 1, Referred to Directors of Finance, 2002, is hereby amended to read as Law; Committee on Finance. The rules were suspended and the follows: following Resolutions were adopted Section 2. That the cost of said Ord. No. 724-02. without objection: contract shall not exceed $3 , 0 0 0 , 0 0 0 . 0 0 By Councilmen Westbrook and and shall be charged against the Jackson (by departmental request). Res. No. 713-02—Becky Toney. proper appropriation account and An emergency ordinance authoriz- Res. No. 714-02—William E. Deigh- the Director of Finance shall certi- ing the Director of Port Control to ton. fy thereon the amount of the initial enter into contract with Rytheon Res. No. 715-02—Burton Saltzman. purchase thereunder, which pur- Systems Company for professional Res. No. 716-02—Commander Mc- chase, together with all subsequent services necessary to conduct a site Neeley. purchases, shall be made on order of preparation and installation report Res. No. 717-02—Eddie Nelson. the Commissioner of Purchases and and a site evaluation survey report Res. No. 718-02—Bryan Kennard. Supplies pursuant to a requisition at Cleveland Hopkins International Airport to support the installation of Res. No. 719-02—Louis & Helen against such contract duly certified a precision runway monitor at said Lanzola. by the Director of Finance. (RL 104706) airport. Whereas, this ordinance consti- RECOGNITION RESOLUTIONS Section 2. That existing Section 2 of Ordinance No. 343-02, passed April tutes an emergency measure provid- ing for the usual daily operation of The rules were suspended and the 1, 2002, is hereby repealed. Section 3. That this ordinance is a municipal department; now, there- following Resolutions were adopted fore, without objection: hereby declared to be an emergency measure and, provided it receives Be it ordained by the Council of the City of Cleveland: Res. No. 720-02—Enterprise Foun- the affirmative vote of two-thirds of all the members elected to Council, Section 1. That the Director of da t i o n s . it shall take effect and be in force Port Control is hereby authorized to Res. No. 721-02—Bill and Jean Mer- enter into contract with Rytheon immediately upon its passage and Systems Company for professional riman. approval by the Mayor; otherwise it services necessary to conduct a site shall take effect and be in force preparation and installation report ACTION ON VETO from and after the earliest period and a site evaluation survey report allowed by law. Council Member Sweeney made at Cleveland Hopkins International Referred to Directors of Finance, Airport to support the installation of the motion to reconsider Ordinance Law; Committee on Finance. No. 130-02, establishing the Commu- a precision runway monitor at said airport on the basis of their propos- nity Development Block Grant bud- Ord. No. 723-02. get, as vetoed by the Mayor and al dated April 19, 2002, in the total By Councilman Jackson (by sum of $500,000.00, payable from returned to Council by letter dated departmental request). Fund Nos. 60 SF 001, 60 SF 104, 60 April 10, 2002. Council Member Reed An emergency ordinance authoriz- SF 105, 60 SF 106, and from any seconded the motion. ing the Director of Finance to enter funds or subfunds to which are cred- Without objection, motion ap- into contract without competitive ited any federal grants or federal proved. Yeas 21. Nays 0. bidding with Sybase, Inc. for the PFC authorization, for the above The question was as follows: purchase of software support and project and the proceeds from the Shall Ordinance No. 130-02 dealing maintenance of MITIS software, for sale of any airport revenue bonds with the Community Development the Division of Taxation, Depart- issued for a purpose which includes Block Grant be passed notwith- ment of Finance, for a period of one the above project, Request No. standing the veto of the Mayor? year, with two one-year options to 118194. Those voting “no” vote to sustain renew. Section 2. That this ordinance is the Mayor’s veto. Whereas, this ordinance consti- hereby declared to be an emergency Those voting “yea” vote to over- tutes an emergency measure provid- measure and, provided it receives ride the Mayor’s veto. ing for the usual daily operation of the affirmative vote of two-thirds of a municipal department; now, there- all the members elected to Council, Ord. No. 130-02. fore, it shall take effect and be in force By Councilmen Jackson and Be it ordained by the Council of immediately upon its passage and the City of Cleveland: Polensek (by departmental request). approval by the Mayor; otherwise it Section 1. That it is hereby deter- An emergency ordinance authoriz- shall take effect and be in force mined that the within services are ing the Director of Community from and after the earliest period non-competitive and cannot be allowed by law. Development to apply for and accept secured from any source other than grants from the United States Referred to Directors of Port Con- Sybase, Inc. Therefore, the Director trol, Finance, Law; Committees on Department of Housing and Urban of Finance is hereby authorized to Aviation and Transportation, Finance. Development for the CDBG Year 28 make a written contract with said pursuant to Title I of the Housing Sybase upon the basis of their pro- Ord. No. 725-02. and Community Development Act of posal dated July 27, 2001, for soft- By Councilmen Brady, Sweeney, 1974, for the 2002 Federal HOME ware support and maintenance of Cimperman and Jackson (by depart- Grant Program, Emergency Shelter MITIS software, for a one year mental request). Program, and the Housing Opportu- term commencing upon execution of An emergency ordinance authoriz- nities for Persons with AIDS Pro- a contract, with two (1) options ing the Director of Public Service to gram. exercisable by the Director of create a pilot program for the pub- Finance, to renew for an addition- lic improvement to repair and The veto of the Mayor was over- al one-year term, and cancelable replace unsafe or dangerous side- ridden. Yeas 21. Nays 0. upon thirty days written notice by walks in Wards 19 and 20. 816 April 24, 2002 The City Record 5

Whereas, this ordinance consti- the Permittee with the written con- mercial General Liability Insurance, tutes an emergency measure provid- sent of the Director of Public Ser- including Completed Operations Cov- ing for the usual daily operation of vice to Mr. Joel Cole, President of erage, and that Permittee shall a municipal department; now, there- Network Parking, Suite 848, Termi- maintain the permitted encroach- fore, nal Tower, 50 Public Square, Cleve- ment area, and that the Permittee Be it ordained by the Council of land, Ohio 44113, their successors shall pay any applicable taxes and the City of Cleveland: and assigns, for the construction, assessments due and/or owing on Section 1. That the Director of use and maintenance of parking and the permitted encroachment area. Public Service is hereby authorized landscaping areas for the develop- Section 4. That the permit herein to create a pilot program in Wards ment of this area, which will authorized shall be prepared by the 19 and 20 where sidewalks which encroach into the public right-of- Director of Law and shall be issued are designated by the Department of way of Broom Court N.W. at the only when, in the opinion of the Public Service as being in an unsafe location described as follows: Director of Law, the City of Cleve- or dangerous condition may be land has been properly indemnified repaired after receipt by the City of LEGAL DESCRIPTION/PROPOSED against any and all loss which may voluntary payment of fifty percent ENCROACHMENT AREA OF result from said permit. (50%) of the estimated cost of BROOM COURT N.W. Section 5. That this ordinance is repair. Situated in the City of Cleveland, hereby declared to be an emergency Section 2. That the Director of County of Cuyahoga and the State measure and, provided it receives Public Service is hereby authorized of Ohio and known as being part of the affirmative vote of two-thirds of to use existing requirement con- Original Two Acre Lot Nos. 55 and all the members elected to Council, tracts or, subject to authorization by 56, bounded and described as fol- it shall take effect and be in force Council, may enter into a new lows: immediately upon its passage and requirement contract, for the making Beginning at a 5/8" iron pin approval by the Mayor; otherwise it of the above public improvement. monument found at the intersection shall take effect and be in force Section 3. That the program of the centerlines of West St. Clair from and after the earliest period described in Section 1 is a pilot pro- Avenue (99.00 feet wide) and West allowed by law. gram available to residents of the 3rd Street (formerly Seneca Street) Referred to Directors of Public applicable wards on a first-come, (99.00 feet wide); Service, City Planning Commission, first-serve basis to the extent funds Thence South 33°-49'-30" East Finance, Law; Committees on Public are available for those residents along the centerline of West 3rd Service, City Planning, Finance. whose sidewalks are determined by Street, 223.43 feet to the intersection the Director of Public Service to be of the centerline of Broom Court Ord. No. 727-02. in an unsafe or dangerous condition. N.W. (16.50 feet wide); By Councilmen Sweeney and Jack- Section 4. That after the work is Thence South 56°-09'-10" West son (by departmental request). completed, the Commissioner of along the centerline of Broom Court, An emergency ordinance authoriz- Licenses and Assessments is hereby 49.50 feet to a point on the South- ing the Director of Public Service to authorized to bill residents for their westerly line of West 3rd Street, pro- enter into a sixth amendment to fifty percent (50%) portion of actu- jected and the principal point of Contract No. 38890 with Pleasant al costs that exceed the Director’s beginning; Valley Enterprises for the lease of estimate. The Commissioner of Thence North 33°-49'-30" West property located at 14550 Lorain Licenses and Assessments is hereby along the Northwesterly projection Avenue. authorized to issue a refund to res- of the Southwesterly line of West Whereas, this ordinance consti- idents for their fifty percent (50%) 3rd Street, 8.25 feet to the intersec- tutes an emergency measure provid- portion of actual costs that are tion of the Southwesterly line of ing for the usual daily operation of below the Director’s estimate. West 3rd Street and the Northwest- a municipal department; now, there- Section 5. That a resident must erly line of Broom Court; fore, pay in his or her fifty percent (50%) Thence South 56°-09'-10" West Be it ordained by the Council of share based on the Director’s writ- along the Northwesterly line of the City of Cleveland: ten estimate prior to the Director Broom Court, 216.58 feet to a point Section 1. That, any provision of authorizing the contractor to per- on the Southwesterly line of afore- the Codified Ordinances of Cleve- form the repairs. said Original Lot No. 55, and the land, Ohio, 1976, to the contrary Section 6. That the Director of Northeasterly corner of land con- notwithstanding, the Director of Public Service is hereby authorized veyed to System Parking Inc. by Public Service is hereby authorized to promulgate rules for the pilot pro- deed dated February 11, 1983 and to enter into a sixth amendment to gram. Said rules shall take effect recorded in Volume 83-0036, Page 143 the Lease Agreement with Pleasant upon publication in the City Record. of Cuyahoga County Records; Valley Enterprises, City Contract Section 7. That this ordinance is Thence South 33°-46'-42" East No. 38890, for the lease of property hereby declared to be an emergency along the Southwesterly line of at 14450 Lorain Avenue, to extend measure and, provided it receives Original Lot No. 55 and the North- the term for one year so as to expire the affirmative vote of two-thirds of easterly line of land so conveyed, on September 15, 2003, with two one- all the members elected to Council, 16.50 feet to a point on the South- year options exercisable by the it shall take effect and be in force easterly line of Broom Court; Director of Public Service and can- immediately upon its passage and Thence North 56°-09'-10" East celable upon thirty days written approval by the Mayor; otherwise it along the Southeasterly line of notice by said Director. The rental shall take effect and be in force Broom Court, 216.60 feet to the South- for the lease of property for the ini- from and after the earliest period westerly line of West 3rd Street; tial term shall be $78,000; the rental allowed by law. Thence North 33°-49'-30" West for the first option term shall be Referred to Directors of Public along the Northwesterly projection $79,000; and the rental for the sec- Service, City Planning Commission, of the Southwesterly line of West ond option term shall be negotiated. Finance, Law; Committees on Public 3rd Street, 8.25 feet to the principal The rental for the initial term shall Service, City Planning Finance. place of beginning and containing be paid from Fund No. 11 SF 401, 0.0820 acres of land as calculated Request No. 106883. Ord. No. 726-02. and described by The North Coast Section 2. That this amendment By Councilman Cimperman. Engineering and Surveying Co., Inc. authorized herein shall be prepared An emergency ordinance authoriz- in July of 2001, be the same more or by the Director of Law and shall ing the Director of Public Service to less, but subject to all legal high- contain such additional conditions issue a permit to Mr. Joel Cole, ways. and provisions as said Director President of Network Parking, to Section 2. That said parking and deems necessary to protect and ben- encroach into the right-of-way of landscaping areas will be placed efit the public interest. Broom Court N.W. with parking and within the public right-of-way as Section 3. That this ordinance is landscaping for the development of aforesaid in Section 1, and will be hereby declared to be an emergency this area. constructed in accordance with measure and, provided it receives Whereas, this ordinance consti- plans and specifications approved the affirmative vote of two-thirds of tutes an emergency measure provid- by the Commissioner of Engineering all the members elected to Council, ing for the usual daily operation of and Construction. That all other it shall take effect and be in force a municipal department; now, there- required permits, including a Build- immediately upon its passage and fore, ing Permit, shall be obtained before approval by the Mayor; otherwise it Be it ordained by the Council of said fence is constructed. shall take effect and be in force the City of Cleveland: Section 3. That the permit herein from and after the earliest period Section 1. That the Director of authorized shall reserve reasonable allowed by law. Public Service hereby is authorized right of entry to the City of Cleve- Referred to Directors of Public to issue a permit, revocable at the land; and that said Permit shall Service, Finance, Law; Committees will of Council, and assignable by require Permittee to provide Com- on Public Service, Finance. 817 6 The City Record April 24, 2002

Ord. No. 728-02. Section 2. That this ordinance is tract with Integrated Consulting By Councilman Cimperman. hereby declared to be an emergency Services, Ltd. to provide workers’ An emergency ordinance supple- measure and, provided it receives compensation actuarial and auditing menting the Codified Ordinances of the affirmative vote of two-thirds of services on the basis of their pro- Cleveland, Ohio, 1976 by enacting all the members elected to Council, posal dated November 21, 2001, for a new Section 603.041 relating to dis- it shall take effect and be in force six-month term commencing upon posal of dog waste. immediately upon its passage and execution of a contract, with one (1) Whereas, this ordinance consti- approval by the Mayor; otherwise it option exercisable by the Director of tutes an emergency measure provid- shall take effect and be in force Personnel and Human Resources, to ing for the usual daily operation of from and after the earliest period renew for an additional six-month a municipal department; now, there- allowed by law. term, and cancelable upon thirty fore Referred to Directors of Parks, days written notice by said Director, Be it ordained by the Council of Recreation and Properties, Finance, payable from Fund No. 01-040201- the City of Cleveland: Law; Committees on Parks, Proper- 632000, Request No. 107505, for the Section 1. That the Codified Ordi- ties and Recreation, Finance. Department of Personnel and nances of Cleveland, Ohio, 1976 are Human Resources. hereby supplemented by enacting Ord. No. 730-02. Section 2. That this ordinance is new Section 603.041 as follows: By Councilmen Lewis and Jackson hereby declared to be an emergency (by departmental request). measure and, provided it receives Section 603.041 Disposal of Dog An emergency ordinance authoriz- the affirmative vote of two-thirds of Waste ing the Director of Personnel and all the members elected to Council, (a) Any person who has the Human Resources to enter into con- it shall take effect and be in force charge and control of a dog on any tract with Ceridian Benefits Ser- immediately upon its passage and public street, sidewalk, pathway, vices (formerly Applied Benefits approval by the Mayor; otherwise it park, pedestrian way or any public Research, Inc. dba COBRASERV) shall take effect and be in force facility or on any private property for professional services necessary from and after the earliest period not owned or possessed by the owner to administer the City’s COBRA pro- allowed by law. or person having control of such dog gram for the Department of Person- Referred to Directors of Personnel shall at all times maintain in his pos- nel and Human Resources, for a and Human Resources, Finance, session sufficient and readily usable period of one year, with a one-year Law; Committees on Employment, wrappers, materials or implements to option to renew. Affirmative Action and Training, remove and properly dispose of any Whereas, this ordinance consti- Finance. fecal matter that may be deposited tutes an emergency measure provid- on the ground by the dog. ing for the usual daily operation of Ord. No. 732-02. (b) A disabled person who has the a municipal department; now, there- By Councilman Jackson. charge or control of a guide dog or fore, An emergency ordinance to vacate an officer who has the charge of a Be it ordained by the Council of a portion of Chadakoin Court S.E., police dog in the performance of law the City of Cleveland: East 57th Street, Tivoli Court S.E., enforcement duties shall be exempt Section 1. That the Director of and East 59th Place hereinafter from the provisions of this section. Personnel and Human Resources is described. (c) Whoever violates this section hereby authorized to enter into con- Whereas, on the day of July 18, shall be fined not less than Fifty tract with Ceridian Benefits Ser- 2001, the Council of the City of Dollars ($50.00) per violation. vices (formerly Applied Benefits Cleveland adopted Resolution No. Section 2. That this ordinance is Research, Inc. dba COBRASERV) 513-01 declaring its intention to hereby declared to be an emergency for professional services necessary vacate a portion of Chadakoin Court measure and, provided it receives to administer the City’s COBRA pro- S.E., East 57th Street, Tivoli Court the affirmative vote of two-thirds of gram on the basis of its proposal S.E., and East 59th Place, here- all the members elected to Council, dated March 15, 2002, for a period of inafter described. it shall take effect and be in force one year, with an option to renew Whereas, notice of the adoption of immediately upon its passage and for an additional one-year period, the above Resolution No. 513-01 has approval by the Mayor; otherwise it exercisable by the Director of Per- been served upon the owners of all shall take effect and be in force sonnel and Human Resources. the property abutting Chadakoin from and after the earliest period Section 2. That the costs for such Court S.E., East 57th Street, Tivoli allowed by law. services shall be paid from Fund No. Court, and East 59th Place affected Referred to Directors of Public 01-040201-632400, Request No. 107512. by said Resolution, notifying the Safety, Finance, Law; Committees on Section 3. That this ordinance is said property owners of the time Public Safety, Legislation, Finance. hereby declared to be an emergency and place at which objections can measure and, provided it receives be heard before the Board of Revi- Ord. No. 729-02. the affirmative vote of two-thirds of sion of Assessments, and By Councilmen Johnson and Jack- all the members elected to Council, Whereas, on the 18th day of son (by departmental request). it shall take effect and be in force December, 2001, the Board of Revi- An emergency ordinance authoriz- immediately upon its passage and sion of Assessments approved the ing the Director of Parks, Recre- approval by the Mayor; otherwise it vacation of Chadakoin Court S.E., ation and Properties to accept a shall take effect and be in force East 57th Street, Tivoli Court S.E., cash donation from Dollar Bank for from and after the earliest period and East 59th Place, hereinafter recreational purposes. allowed by law. described, in accordance with the Whereas, Dollar Bank has indi- Referred to Directors of Personnel provisions of Section 176 of the Char- cated a desire to make a cash dona- and Human Resources, Finance, ter of the City of Cleveland; and tion of $17,500, resulting in proceeds Law; Committees on Employment, Whereas, this Council is satisfied generated by the Dollar Bank Jam- Affirmative Action and Training, that there is good cause for vacat- boree held in Cleveland in 2001, to Finance. ing Chadakoin Court S.E., East 57th the Division of Recreation; and Street, Tivoli Court S.E., and East Whereas, this ordinance consti- Ord. No. 731-02. 59th Place, hereinafter described tutes an emergency measure provid- By Councilmen Lewis and Jackson and that it will not be detrimental ing for the usual daily operation of (by departmental request). to the general interest and ought to a municipal department; now, there- An emergency ordinance authoriz- be made; and fore, ing the Director of Personnel and Whereas, this ordinance consti- Be it ordained by the Council of Human Resources to enter into con- tutes an emergency measure provid- the City of Cleveland: tract with Integrated Consultant ing for the usual daily operation of Section 1. That the Director of Services, Ltd. to provide workers’ a municipal department; now, there- Parks, Recreation and Properties is compensation actuarial and auditing fore hereby authorized to accept on services for the Department of Per- Be it ordained by the Council of behalf of the Division of Recreation, sonnel and Human Resources, for a the City of Cleveland: a cash donation in the amount of period of six months, for one six- Section 1. That all that portion of $17,500, from Dollar Bank to be used month option to renew. the following described real proper- for the following recreational pur- Whereas, this ordinance consti- ty: situated in the City of Cleveland, poses: to fund the youth ski pro- tutes an emergency measure provid- County of Cuyahoga and State of gram and to purchase various com- ing for the usual daily operation of Ohio, and being all those portions puter supplies and equipment, a municipal department; now, there- of: CHADAKOIN COURT S.E. (16.00 including hardware and software, fore, feet wide), and its Northerly and for use at computer labs located at Be it ordained by the Council of Southerly turnouts extending East- various recreation centers. Said cash the City of Cleveland: erly from that portion of East 57th donation is hereby appropriated for Section 1. That the Director of Street (16.00 feet wide) vacated by the purposes set forth in this ordi- Personnel and Human Resources is the Council of the City of Cleveland nance. hereby authorized to enter into con- by Ordinance Number 888-68, to its 818 April 24, 2002 The City Record 7 intersection with the Southerly pro- FIRST READING EMERGENCY and Roll Hall of Fame and Museum, longation of the Westerly line of RESOLUTION REFERRED turn left onto Erieside Avenue and Sublot Number 123 in the L. M. proceed past the Rock Hall and the Southern & W. S. Chamberlain Sub- Res. No. 733-02. Great Lakes Science Center after division as shown in Volume 11, By Councilman Cimperman (by which, enter the Cleveland Browns Page 42 of Cuyahoga County request). Stadium and proceed to the Dawg Records. EAST 57TH STREET An emergency resolution declar- Pound, provided that the applicant (16.00 feet wide) extending Norther- ing the intention to vacate portions sponsor shall meet all the require- ly from the Northerly line of Thack- of Payne Court N.E., East 25th Place ments of Section 411.05 of the Codi- ery Avenue S.E. (70.00 feet wide) to and East 23rd Place. fied Ordinances of Cleveland, Ohio, the Southerly line Longfellow Ave- Whereas, this Council; is satisfied 1976. Streets may be closed as deter- nue S.E. (70.00 feet wide). TIVOLI that there is good cause to vacate mined by the Chief of Police and COURT S.E. (16.00 feet wide), and portions of Payne Court N.E., East safety forces as may be necessary its Northerly and Southerly turnouts 25th Place and East 23rd Place, as in order to protect the participants extending Easterly about 250.00 feet hereinafter described; and in the event. Said permit shall fur- from the Easterly line of East 57th Whereas, this resolution consti- ther provide that the City of Cleve- Street (16.00 feet wide). EAST 59TH tutes an emergency measure in that land shall be fully indemnified from PLACE (10.00 feet wide), and its the same provides for the usual any and all liability resulting from Easterly and Westerly turnouts daily operation of a municipal the issuance of the same, to the extending Northerly from the North- department; now, therefore, extent and in form satisfactory to erly line of Thackeray Avenue S.E. Be it resolved by the Council of the Director of Law. (10.00 feet wide) to the Southerly the City of Cleveland: Section 2. That this ordinance is line of Tivoli Court S.E. (16.00 feet Section 1. That it hereby declares hereby declared to be an emergency wide), be and the same is hereby its intention to vacate portions of measure and, provided it receives vacated. the following described real proper- the affirmative vote of two-thirds of Section 2. That there be and here- ty situated in the City of Cleveland, all the members elected to Council, by is reserved to the City of Cleve- County of Cuyahoga and State of it shall take effect and be in force land an easement for existing Ohio, and being all those portions of: immediately upon its passage and Ameritech equipment. Payne Court N.E. (16.00 feet wide), approval by the Mayor; otherwise it The description of the easement is extending Easterly from the Easter- shall take effect and be in force as follows: ly line of East 24th Street (60.00 feet from and after the earliest period That portion of CHADAKOIN wide), to the Westerly line of East allowed by law. COURT S.E. (16.00 feet wide), and 25th Street (60.00 feet wide). Motion to suspend rules. Charter its Northerly and Southerly turnouts East 25th Place (16.00 feet wide) and statutory provisions and place extending Easterly from that por- extending Southerly from the Souther- on final passage. tion of East 57th Street (16.00 feet ly line of Payne Court N.E. (16.00 feet The rules were suspended. Yeas wide) vacated by the Council of the wide) to the Westerly prolongation of 21. Nays 0. Read second time. Read City of Cleveland by Ordinance the Southerly line of Sublot No. 75 in third time in full. Passed. Yeas 21. Number 888-68, to its intersection the Perry Payne Subdivision of part Nays 0. with the Southerly prolongation of of Original 10 Acre Lot Nos. 82, 83 and the Westerly line of Sublot Number 84 as shown by the recorded plat in Ord. No. 735-02. 123 in the L. M. Southern & W. S. Volume 25 of Maps, Page 9 of Cuya- By Councilman Cintron. An emergency ordinance authoriz- Chamberlain Subdivision as shown hoga County Records. East 23rd Place (14.00 feet wide) ing the Director of Economic Devel- in Volume 11, Page 42 of Cuyahoga opment to enter into an agreement County Records. EAST 57TH extending Southerly from the South- erly line of Payne Court N.E. to the with M. Rivera Construction for the STREET (16.00 feet wide) extend- rehabilitation of the FL Thompson ing Northerly from the Northerly Northerly line of Chester Avenue N.E. (86.00 feet wide). Building through the use of Ward line of Thackery Avenue S.E. (70.00 14 Neighborhood Equity Funds. feet wide) to the Southerly line Section 2. That this resolution is hereby declared to be an emergency Whereas, this ordinance consti- Longfellow Avenue S.E. (70.00 feet tutes an emergency measure provid- wide). TIVOLI COURT S.E. (16.00 measure and, provided it receives the affirmative vote of two-thirds of ing for the usual daily operation of feet wide), and its Northerly and a municipal department; now, there- Southerly turnouts extending East- all the members elected to Council, it shall take effect and be in force fore erly about 250.00 feet from the East- Be it ordained by the Council of erly line of East 57th Street (16.00 immediately upon its adoption and approval by the Mayor; otherwise it the City of Cleveland: feet wide). EAST 59TH PLACE Section 1. That the Director of (10.00 feet wide), and its Easterly shall take effect and be in force from and after the earliest period Economic Development is autho- and Westerly turnouts extending rized to enter into an agreement allowed by law. Northerly from the Northerly line of with M. Rivera Construction for Referred to Directors of Public Thackeray Avenue S.E. (10.00 feet rehabilitation of the FL Thompson Service, City Planning Commission, wide) to the Southerly line of Tivoli Building located at 3101 W. 25th Law; Committees on Public Service, Court S.E. (16.00 feet wide) Street, Cleveland, Ohio, for the pub- City Planning. That no structures shall be here- lic purpose of creating and retain- ing jobs in the City of Cleveland inafter erected on the premises FIRST READING EMERGENCY described in this easement except through the use of Ward 14 Neigh- ORDINANCES READ IN FULL borhood Equity Funds. those constructed in accordance AND PASSED with the approval of, and in com- Section 2. That the cost of said contract shall be in an amount not pliance with, plans approved by Ord. No. 734-02. Ameritech of the City of Cleveland. to exceed $65,611.83 and shall be By Councilman Cimperman. paid from Fund No. 10 SF 166. Section 3. That the Clerk of Coun- An emergency ordinance consent- cil be and she is hereby directed to Section 3. That the Director of ing and approving the issuance of a Law shall prepare and approve said notify the Auditor of Cuyahoga permit for the Tobacco Free Sport County of the vacation of all that contract and that the contract shall — Play It Clean (Walk) on May 31, contain such terms and provisions portion of Chadakoin Court S.E., 2002, sponsored by the Cuyahoga East 57th Street, Tivoli Court S.E. as he deems necessary to protect the County Tobacco Control Coalition. City’s interest. and East 59th Place, herein provid- Whereas, this ordinance consti- Section 4. That this ordinance is ed by sending him a copy of this tutes an emergency measure provid- hereby declared to be an emergency Ordinance. ing for the usual daily operation of measure and, provided it receives Section 4. That this ordinance is a municipal department; now, there- the affirmative vote of two-thirds of hereby declared to be an emergency fore, all the members elected to Council, measure and, provided it receives Be it ordained by the Council of it shall take effect and be in force the affirmative vote of two-thirds of the City of Cleveland: immediately upon its passage and all the members elected to Council, Section 1. That pursuant to Sec- approval by the Mayor; otherwise it it shall take effect and be in force tion 411.06 of the Codified Ordi- shall take effect and be in force immediately upon its passage and nances of Cleveland, Ohio 1976, this from and after the earliest period approval by the Mayor; otherwise it Council consents to and approves allowed by law. shall take effect and be in force the holding of the Tobacco Free Motion to suspend rules. Charter from and after the earliest period Sport — Play It Clean, sponsored by and statutory provisions and place allowed by law. the Cuyahoga County Tobacco Con- on final passage. Referred to Directors of Public trol Coalition, on May 31, 2002, The rules were suspended. Yeas Service, City Planning Commission, beginning at the Bob Feller statue 21. Nays 0. Read second time. Read Law; Committees on Public Service, at Jacobs Field and proceeding third time in full. Passed. Yeas 21. City Planning. north on E. 9th Street to the Rock Nays 0. 819 8 The City Record April 24, 2002

Ord. No. 736-02. By Councilman Jackson (by departmental request). An emergency ordinance to amend Sections 5 and 38 of Ordinance No. 469-02, passed April 1, 2002, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Sections 5 and 38 of Ordinance No. 469-02, passed April 1, 2002, are hereby amended to read, respectively, as follows:

Section 5. Secretary of Civil Service Commission, Secretaries to Director, Secretary to Director of Department of Port Control, Assistant Directors of Finance and Executive Assistants to the Mayor That the salary of the Secretary of the Civil Service Commission, the salary of the Secretary to each Director of a Department, the salary of the Assistant Director of Finance and the salaries of four Executive Assistants to the Mayor shall be fixed by the Mayor in accordance with the following schedule:

Minimum Maximum 1. Four Executive Assistants to the Mayor...... $35,410.47 $129,625.37 2. Special Assistant to the Mayor...... $20,410.00 $ 82,698.56 3. Secretary to Directors of Departments...... $36,590.39 $124,000.00 4. Secretary of the Civil Service Commission...... $25,011.85 $ 77,235.32 5. Secretary to Director of Department of Port Control...... $41,312.22 $128,635.07 6 Assistant Director of Finance ...... $36,590.39 $124,000.00 7 Assistant Director of Finance for Technology ...... $36,590.39 $124,000.00

Section 38. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification:

Minimum Maximum 1. City Comptroller...... $42,758.15 $120,096.28 2. City Treasurer...... $42,758.15 $110,858.11 3. Chief Technology Officer...... $45,000.00 $135,000.00 4. Commissioner of Accounts...... $40,314.82 $115,043.98 5. Commissioner of Administrative Services – Community Development...... $40,314.82 $115,043.98 6. Commissioner of Architecture...... $42,758.15 $128,635.07 7. Commissioner of Assessments and Licenses...... $40,314.82 $106,194.45 8. Commissioner of Building and Housing...... $45,201.46 $127,674.68 9. Commissioner of Burke Airport...... $40,314.92 $106,194.45 10. Commissioner of Cleveland Hopkins International Airport...... $42,758.15 $128,635.07 11. Commissioner of Cleveland Public Power...... $45,201.46 $127,674.68 12. Commissioner of Convention Center...... $45,201.46 $113,868.17 13. Commissioner of Emergency Medical Services...... $42,758.15 $120,096.28 14. Commissioner of Engineering and Construction...... $45,201.46 $127,674.68 15. Commissioner of Environment...... $42,758.15 $120,096.28 16. Commissioner of Health...... $45,021.46 $127,674.68 17. Commissioner of House of Corrections...... $40,314.82 $106,194.45 18. Commissioner of Information Systems Services...... $52,734.82 $127,674.68 19. Commissioner of Motor Vehicle Maintenance...... $40,314.82 $115,043.98 20. Commissioner of Neighborhood Development...... $40,314.82 $106,194.45 21. Commissioner of Neighborhood Revitalization...... $42,758.15 $110,858.11 22. Commissioner of Neighborhood Services...... $42,758.15 $110,858.11 23. Commissioner of Park Maintenance and Properties..... $42,758.15 $128,635.07 24. Commissioner of Parking Facilities...... $40,314.82 $115,043.98 25. Commissioner of Printing and Reproduction...... $40,314.82 $115,043.98 26. Commissioner of Property Management...... $45,201.46 $127,674.68 27. Commissioner of Purchases and Supplies...... $42,758.15 $110,858.11 28. Commissioner of Recreation...... $42,758.15 $128,635.07 29. Commissioner of Research/ Planning and Development...... $40,314.82 $115,043.98 30. Commissioner of Streets...... $40,314.82 $115,043.98 31. Commissioner of Traffic Engineering and Parking...... $42,758.15 $110,858.11 32. Commissioner of Utilities Engineering...... $42,758.15 $106,194.45 33. Commissioner of Utilities Fiscal Control...... $40,314.82 $106,194.45 34. Commissioner of Waste Collection and Disposal...... $40,314.82 $115,043.98 35. Commissioner of Water...... $45,201.46 $150,000.00 36. Commissioner of Water Pollution Control...... $40,314.82 $115,043.98 37. Income Tax Administrator...... $42,758.15 $120,096.28 38. Manager of Internal Audit...... $40,314.82 $106,194.45

Section 2. That Sections 5 and 38 of Ordinance No. 469-02, passed April 1, 2002, are 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 immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules. Charter and statutory provisions and place on final passage. The rules were suspended. Yeas 21. Nays 0. Read second time. Read third time in full. Passed. Yeas 21. Nays 0. 820 April 24, 2002 The City Record 9

Ord. No. 737-02. new Sections 659.01 through 659.06 points in the case of a first lien By Councilmen Jackson, Lewis and Section 659.99 and Section mortgage, or equals or exceeds by and Reed. 178.181 thereof, to read as follows: more than six and one half (6 1/2) An emergency ordinance to repeal percentage points but less than or Sections 659.01 through 659.06 and Chapter 659 equal to ten (10) percentage points 659.99 and 178.181 of the Codified in the case of a junior mortgage, the Ordinances of the City of Cleveland, PREDATORY LENDING yield on Treasury securities having Ohio, 1976, enacted by Ordinance No. comparable periods of maturity to 372-02 passed March 4, 2002, and Sec- Section 659.01 Definitions the loan maturity as of the fifteenth tion 178.07 of the Codified Ordi- (a) “Affiliate” means any entity day of the month immediately pre- nances of the City of Cleveland, that controls, is controlled by, or is ceding the month in which the appli- Ohio, 1976, as amended by Ordinance under common control with another cation for the extension of credit is No. 2353-93 passed February 14, 1994 entity, as the term “control” is received by the creditor; and and Ordinance No. 372-02 passed defined under the Bank Holding (2) that was made under circum- March 4, 2002, and to supplement the Company Act, 12 U.S.C. §§ 1841 — stances that involve any of the fol- Codified Ordinances of the City of 1849, including any successors in lowing acts or practices or that con- Cleveland, 1976 by enacting new Sec- interest or alter egos. tains any of the following loan tions 659.01 through 659.06 and 659.99 (b) “Annual percentage rate” terms: and Section 178.181 thereof, relating means the annual percentage rate A. “Loan Flipping”. “Flipping” a to predatory lending, and to amend for the loan calculated according to loan means the refinancing of an Section 178.07 of the Codified Ordi- the provisions of the federal Truth existing loan secured by owner-occu- nances of Cleveland, Ohio, 1976 as in Lending Act (15 U.S.C. §1601 et. pied residential real estate in the amended by Ordinance No. 2353-93 seq.), and the regulations promul- City of Cleveland on which there is passed February 14, 1994 and Ordi- gated thereunder by the Federal situated a dwelling for not more nance No. 372-02 passed March 4, Reserve Board (as said Act and reg- than four families, a condominium 2002. ulations are amended from time to unit, or a cooperative unit when: Whereas, many citizens from time). i. More than 50% of the prior debt lower and moderate income neigh- (c) “Business Entity” means any refinanced bears a lower interest borhoods in the City of Cleveland individual, domestic corporation, for- rate than the new loan unless the have been unable to access legiti- eign corporation, association, syn- advisability and appropriateness of mate financing for home purchases dicate, joint stock company, part- the new loan is certified by a coun- and renovations, allowing predatory nership, joint venture, or unincorpo- selor employed by a housing coun- lenders to thrive; and rated association, including any par- seling agency approved by the Whereas, these predatory lenders ent company, subsidiary, exclusive Department of Housing and Urban are charging exorbitant fees and distributor or company affiliated Development; interest rates and are persuading therewith, engaged in a business or ii. The borrower’s payment of pre- citizens to incur mortgage debt in commercial enterprise. paid finance charges and closing excess of their needs or ability to (d) “City” means the City of Cleve- costs reduces the interest rate but it pay, often through fraudulent land, its departments, boards and will take more than five (5) years means; and commissions. for the borrower to recoup the trans- Whereas, many senior citizens (e) “Points and Fees” means: actions costs; or and homeowners in the City of (1) All items required to be dis- iii. A mortgage is refinanced that Cleveland are targeted by unethical closed under sections 226.4(a) and originated, or was subsidized or home improvement contractors, mort- 226.4(b) of Title 12 of the Code of guaranteed by or through a state, gage brokers, mortgage lenders and Federal Regulations, as amended tribal or local government, or non- finance companies engaging in from time to time, except the inter- profit organization, which bears predatory lending practices that est rate or time-price differential; either a below-market interest rate, result in foreclosure and/or strip- (2) Subject to the exclusions pro- or has nonstandard payment terms ping the home of equity; and vided in this section, all charges beneficial to the borrower, such as Whereas, it is the intent and pur- for items listed under section payments that vary with income, are pose of this Chapter to protect the 226.4(c)(7) of Title 12 of the Code limited to a percentage of income, citizens of Cleveland and its neigh- of Federal Regulations, as amended or where no payments are required borhoods from lending practices from time to time, but only if the under specified conditions, and which strip hard earned equity from lender receives direct or indirect where, as a result of the refinanc- city residents and contribute to the compensation in connection with the ing, the borrower will lose one or problem of vacant and abandoned charge or the charge is paid to an more of the benefits of the mort- houses by making loans that fami- affiliate of the lender; otherwise the gage, unless the borrower has re- lies cannot afford to repay; and charges are not included within the ceived counseling from a certified Whereas, it is the additional inten- meaning of the phrase “points and housing counseling agency regard- tion of this Chapter to further pro- fees”; and ing such refinancing and the bor- tect the citizens of Cleveland by: (3) All compensation paid direct- rower and current holder of the loan (a) collecting and making avail- ly or indirectly to a mortgage bro- consent in writing to the refinanc- able to the public information nec- ker, including a broker that origi- ing. essary for city residents to protect nates a loan in its own name in a B. “Balloon Payments”. A loan themselves against predatory lend- tablefunded transaction, not other- that contains a scheduled payment ing practices; and wise included in divisions (1) or (2) that is more than twice as large as (b) preventing the lenders en- of this section. the average of earlier scheduled gaged in predatory lending and “Points and fees” shall not include payments or which contains a pro- those persons providing referrals any charges or fees excluded by vision that gives the lender, in its and services to those lenders from paragraphs (c) through (e) of Reg- sole discretion, the right to acceler- enjoying the privilege of doing busi- ulation Z of the Truth in Lending ate the indebtedness in the absence ness with the City of Cleveland; and Act, section 226.4 of Title 12 of the of the default of the borrower. The (c) preventing predatory lenders Code of Federal Regulations; how- term “balloon payment” shall not and those persons providing refer- ever, notwithstanding the forego- apply to any loan with a maturity rals and services to those lenders ing, any fees for preparing loan- of less than one year, if the purpose from taking advantage of city pro- related documents, such as deeds, of the loan is a “bridge” loan con- grams designed to encourage home mortgages, and reconveyance or set- nected with the acquisition or con- ownership and home repair; and tlement documents shall be includ- struction of a dwelling intended to Whereas, this ordinance consti- ed in the definition of “points and become the consumer’s principal tutes an emergency measure provid- f e e s ” . dwelling. ing for the usual daily operation of (f) “Predatory loan” means a loan C. “Negative Amortization”. Terms a municipal department; now, there- that is secured by owner-occupied under which the outstanding princi- fore, residential real property located pal balance will increase at any Be it ordained by the Council of within the City of Cleveland on time over the course of the loan the City of Cleveland: which there is situated a dwelling because the regular periodic pay- Section 1. That Sections 659.01 for not more than four families, a ments do not cover the full amount through 659.06 and 659.99 and 178.181 condominium unit, or a cooperative of interest due. of the Codified Ordinances of the unit, if: D. “Points and Fees”. The financ- City of Cleveland, Ohio, 1976, enact- (1) at any time over the life of ing of points and fees in excess of ed by Ordinance No. 372-02 passed the loan, the annual percentage rate four (4) percentage points of the March 4, 2002, are hereby repealed. of the loan equals or exceeds b y total loan amount if the loan Section 2. That the Codified Ordi- more than four and one half (4 amount is $16,000 or greater, or $800 nances of Cleveland, Ohio, 1976, are 1/2) percentage points but less than if the loan amount is less than hereby supplemented by enacting or equal to eight (8) percentage $16,000. 821 10 The City Record April 24, 2002

E. “Increased Interest Rate”. A vided that the borrower has suffi- tial real property located within the loan that provides for an interest cient “residual income” as defined in City of Cleveland on which there is rate applicable after default that is the guidelines established in 38 situated a dwelling for not more higher than the interest rate that C.F.R. §36.4337(e) and VA form 26- than four families, a condominium applies before default. 6393 to pay essential monthly unit, or a cooperative unit in which F. “Advance Payments”. A loan expenses after paying the scheduled either: which includes terms under which payments and any additional debt. A. the annual percentage rate at more than two periodic payments L. The payment by a lender to a consummation will exceed by more required under the loan are consoli- contractor on a home improvement than eight (8) percentage points for dated and paid in advance from the contract from the proceeds of a loan, first lien loans, or by more than ten loan proceeds provided to the bor- other than: (10) percentage points for subordi- rower. i. by an instrument payable to the nate-lien loans, the yield on Trea- G. “Mandatory Arbitration”. A loan borrower or borrowers; sury securities having comparable which contains a mandatory arbi- ii. by an instrument payable joint- periods of maturity to the loan tration clause that limits in any ly to the borrower and the contrac- maturity as of the fifteenth day of way the right of the borrower to tor, provided however that no more the month immediately preceding seek relief through a court of law than 30% of the total proceeds of the month in which the application or equity. the loan shall be disbursed to the for the extension of credit is H. “Prepayment Penalties”. A loan contractor at the time of closing; or received by the creditor; or under which a borrower must pay a iii. at the election of the borrow- B. the total points and fees prepayment penalty for paying all er, by a third party escrow agent in payable by the consumer at or or part of the principal before the accordance with terms established before loan closing will exceed the date on which the principal is due. in a written agreement signed by greater of eight (8) percent of the Any method of computing a refund the borrower, the lender and the total loan amount, or $400; the $400 of unearned scheduled interest is a contractor before the date of pay- figure shall be adjusted annually on prepayment penalty if it is less ment. January 1 by the annual percentage favorable to the consumer than the However, “predatory loan” shall rate change in the consumer price actuarial method, as “actuarial not include a loan that is made pri- index that was reported on the pre- method” is defined in division (A) marily for a business purpose unre- ceding June 1, unless that person or of Section 1349.25 of the Revised lated to the residential real proper- business entity first receives notice Code. The term “prepayment penal- ty securing the loan. from a counselor employed by a ties” shall not include prepayment (g) “Home Improvement Contrac- housing counseling agency ap- penalties imposed in accordance tor” means any person who engages proved by the Department of Hous- with the Home Ownership and Equi- in the business of making home ing and Urban Development that the ty Protection Act of 1994, 15 U.S.C.A. improvements, and who undertakes borrower has received counseling on 1639 (c)(2), as amended, and the or offers to undertake or agrees to the advisability of the loan transac- regulations adopted thereunder by perform any home improvement, tion and the appropriateness of the the federal reserve board, as amend- whether or not such person is reg- loan for the borrower based upon ed. istered, or subject to the licensing the information provided by bor- I. “Financing of Credit Insurance”. and registration requirements of rower and lender to the counselor at The financing of single premium Chapter 3107 of the Codified Ordi- the time counseling is provided to credit life, credit disability, credit nances of the City of Cleveland, and the borrower. unemployment, or any other life or whether or not such person is a gen- (3) Payments to Home Improve - health insurance, directly or indi- eral contractor. ment Contractors. A home improve- rectly, into one or more loans. ment contractor may not receive J. “Lending Without Home Loan Section 659.02 Predatory Lending directly and solely from the lender, Counseling”. Except in conformity Practices Prohibited the proceeds of a loan that is with the provisions of division (a) Prohibited Conduct. secured by owner-occupied residen- (b)(1)(B) of Section 659.02, failing Subject to the limitations of divi- tial real property located within the to receive notice from a counselor sion (b) of this section: City of Cleveland on which there is employed by a housing counseling (1) Issuing Predatory Loans. No situated a dwelling for not more agency approved by the Department person or business entity shall than four families, a condominium of Housing and Urban Development make, issue, or arrange a predatory unit, or a cooperative unit, in which that the borrower has received coun- loan, or assist others in doing so. A the annual percentage rate of the seling on the advisability of the person who, when acting in good loan equals or exceeds by more than loan transaction and the appropri- faith, fails to comply with this divi- four and one half (4 1/2) percent- ateness of the loan for the borrow- sion will not be deemed to have vio- age points in the case of a first lien er based upon the information pro- lated this division if the person mortgage, or equals or exceeds by vided by borrower and lender to the establishes that the compliance fail- more than six and one half (6 1/2) per- counselor at the time counseling is ure was not intentional and result- centage points in the case of a provided to the borrower. ed from a bona fide error notwith- junior mortgage, the yield on Trea- K. “Lending Without Due Regard standing the maintenance of proce- sury securities having comparable to Repayment”. Except in conformi- dures reasonably adapted to avoid periods of maturity to the loan ty with the provisions of division such errors, and within 60 days after maturity as of the fifteenth day of (b)(1)(B) of Section 659.02, making, the discovery of the compliance fail- the month immediately preceding issuing or originating a loan with- ure and prior to the institution of the month in which the application out reasonable belief at the time the any action under this Chapter or the for the extension of credit is loan is consummated that the bor- receipt of written notice of compli- received by the creditor. rower or borrowers (when consid- ance failure, the borrower is notified (4) Incorporating Governmental ered collectively in the case of mul- of the compliance failure, appropri- Financial Assistance Funds. All per- tiple borrowers) will be able to ate restitution is made, and what- sons shall be barred from promoting, make the scheduled payments to ever adjustments are necessary are utilizing, packaging, or in any other repay the obligation based upon a made to the loan to either, at the way incorporating funds from any of consideration of their current and choice of the borrower, (i) make the the programs administered by the expected income, current obliga- predatory loan satisfy the require- City in combination with any preda- tions, employment status, and other ments of this Chapter, or (ii) tory loan. Any contract, lease, grant financial resources (other than the change the terms of the loan in a or other agreement entered into by borrower’s equity in the dwelling manner beneficial to the borrower the City with any person or business which secures repayment of the so that the loan will no longer be entity shall contain a provision loan). A borrower shall be presumed considered a predatory loan subject requiring that the person or business to be able to make the scheduled to the provisions of this Chapter. entity, in the administration of gov- payments to repay the obligation if, Examples of a bona fide error ernmental housing assistance funds, at the time the loan is consummat- include clerical, calculation, comput- abide by the provisions of this divi- ed, or at the time of the first rate er malfunction and programming, sion as though its administration of adjustment in the case of a lower and printing errors. An error of such funds was directly subject to introductory interest rate (i) the legal judgment with respect to a the provisions of this division. borrower’s scheduled monthly pay- person’s obligations under this (b) Activities of Certain Financial ments on the loan (including prin- Chapter is not a bona fide error. Institutions Exempted. cipal, interest, taxes, insurance and (2) Lending Without Home Loan (1) Division (a) of this section is assessments), combined with the Counseling. No person or business not applicable in the following cir- scheduled payments for all other entity shall make, issue or arrange, cumstances: debt, do not exceed 50% of the bor- or assist others in making, issuing A. With respect to a lender duly rower’s documented and verified or arranging, any loan that is licensed as may be required under monthly gross income, and (ii) pro- secured by owner-occupied residen- State law, solely because of the 822 April 24, 2002 The City Record 11 presence of a loan provision I received this notice on this date: Date: ______described in divisions (f)(2)(B), (C) ______(date) or (H) of Section 659.01, provided ______signature of ______Mortgage Lender that such provision(s) are made in home owner(s) conformity with the requirements of (b) For purposes of division (a) ______Name and Title federal law pursuant to the Alter- of this section, a “home improve- of Officer native Mortgage Transaction Parity ment loan” shall not include a loan Act, 12 U.S.C. §3803 and provided commonly known as a “home equity ______Address that any such loan is not otherwise line of credit”. predatory as defined in division (f) ______Telephone Number of Section 659.01; or Section 659.04 Certification of B. In the case of a loan made pur- Compliance to be Recorded ______Cleveland Bus. suant to the Ohio’s Mortgage Loan No lender or, if applicable, mort- Privilege Lic. No. Act, R.C. §1321.51 et. seq., solely gage broker, shall fail to submit the because the loan contains any pro- certification of compliance to the ______Mortgage Broker vision authorized by such act, pro- Cuyahoga County Recorder’s Office vided that any such loan is not oth- as described in this section. At the ______Name and Title erwise predatory as defined in divi- time of recording a mortgage on of Officer sion (f) of Section 659.01. owner-occupied residential real prop- ______Address (2) Divisions (a)(1) and (a)(2) of erty located in the City of Cleveland on which there is situated a this section are not applicable with ______Telephone Number respect to a State chartered bank, dwelling for not more than four bank and trust company, savings families, a condominium unit, or a cooperative unit, the lender and, if ______State of Ohio bank, private bank, national bank, Registration No. or a State or federally chartered applicable the mortgage broker, shall submit a certification of com- savings and loan association, a fed- I, [lender], have filled out each erally chartered savings bank, a pliance to the Cuyahoga County blank space of this document and Recorder’s Office for recording State or federally chartered credit have given it to the customer and it along with the mortgage instrument u n i o n . is true and accurate. and deed. It is not necessary to (3) This section shall apply to record a certificate of compliance Signed: ______Date: ______affiliates of the entities enumerated for a loan that is made primarily for in division (b)(2) of this section, a business purpose unrelated to the I, [mortgage broker], have filled except insofar as such affiliates are residential real property securing out each blank space of this docu- themselves one of those financial the loan. The certification of com- ment and have given it to the cus- institutions. pliance shall be substantially in the tomer and it is true and accurate. following form and shall comply Section 659.03 Notice to Customers with any formatting requirements Signed: ______Date: ______of Home Improvement Loans promulgated from time to time by (a) No person or business entity the Cuyahoga County Recorder’s I, [borrower], have received and that funds a home improvement loan Office. reviewed with the contractor a copy shall fail to furnish the notice of this document. described in this section. At least CERTIFICATION Signed: ______Date: ______three (3) business days prior to clos- The undersigned lender and mort- ing, every lender who funds a home gage broker certify, that to the best Section 659.05 Enforcement. improvement loan shall furnish a of our knowledge, information and The Director of Consumer Affairs notice along with any home belief, the attached mortgage, is hereby charged with the enforce- improvement loan for any work to described below, entered into ment of this Chapter. The Director be performed on owner-occupied res- between ______(name of shall promulgate such rules, regula- idential real estate located within lender) and ______(name of tions and procedures as he or she the City of Cleveland on which there borrower) on ______(date of may deem necessary to aid in the is situated a dwelling for not more execution) for the property located administration and enforcement of than four families, a condominium at ______(street address the provisions of this Chapter. For unit, or a cooperative unit. Said of property) contains the following the purpose of enforcement of the notice shall be furnished as a sepa- characteristics and terms: provisions of this Chapter, the Direc- rate document, printed in 16 point tor shall maintain a listing of those font, with the signature line at the Type of mortgage: business entities that have been top of the page, and shall be in sub- Purchase Money Non-purchase Money determined to make predatory loans stantially the same form as the fol- (circle one) under this Chapter and shall regu- lowing, as may be amended from larly distribute this listing to all time to time by the Department of First Mortgage Junior Mortgage City departments. This listing shall Consumer Affairs: (circle one) also be made available to the pub- lic free of charge by request of the IMPORTANT NOTICE TO a. The annual percentage rate of Department of Consumer Affairs. CUSTOMERS OF HOME the loan at closing is ______The Director shall also maintain a IMPROVEMENT CONTRACTORS ______list of HUD-certified housing coun- b. The applicable Treasury Rate seling agencies and shall make such If you need a loan to pay for home (i.e., the yield on Treasury securi- list available upon request. The improvements: ties having comparable periods of Director of the Department of Con- BE CAREFUL. A lender will prob- maturity to the loan maturity as of sumer Affairs may make findings ably want to take a mortgage on the fifteenth day of the month with respect to predatory loans and immediately preceding the month in your house. lenders who make such loans based which the application for the exten- You should not borrow more than on recommendations made by a Con- sion of credit is received by the sumer Advisory Council. you can afford or more than you creditor) is ______need. The loan you are being c. The total loan amount is ______Section 659.06 Severability offered may be a predatory loan. ______If any clause, sentence, paragraph You may be eligible for a different d. The total amount of points and or part of this Chapter, or the appli- loan which charges significantly fees (as defined in division (e) of cation thereof to any person or cir- less interest or fees. Be very cau- Section 659.01) is ______cumstance, shall for any reason be tious about consolidating your debt e. The percentage of points and adjudged by a court of competent with a home mortgage. Beware that fees (calculated according to the jurisdiction to be invalid, such judg- if you default on this loan you could equation d/(c-d)x100) financed is ment shall not affect, impair or lose your house! In certain cases, it ______invalidate the remainder of this is now the law in Cleveland that f. The borrower has or has not Chapter nor the application of such before you sign a home loan you (circle one) received housing coun- clause, sentence, paragraph or part must receive housing counseling seling. A notice of housing counsel- to other persons or circumstances assistance. ing is or is not (circle one) attached but shall be confined in its opera- For the name, address and phone to this certification. tion to the clause, sentence, para- number of a housing counseling or g. The mortgage does or does not graph or part thereof and to the per- legal services agency in your neigh- (circle one) violate any provisions sons or circumstances directly borhood, turn this notice over to see of Chapter 659 of the Codified Ordi- involved in the controversy in which the list of agencies printed on the nances of the City of Cleveland, such judgment shall have been ren- reverse side. 1976. dered. It is hereby declared to be the 823 12 The City Record April 24, 2002 legislative intent that this Chapter (2) Neither the Director of efforts” to undertake a defined lend- would have been adopted had such Finance nor the City Treasurer shall ing program of committed action in provisions not been included or such allow City monies to remain invest- support of residential and commer- persons or circumstances been ed, or hereafter make investments cial development in Cleveland’s expressly excluded from their cov- in, stocks, securities, or other oblig- neighborhoods. erage. ations of any business entity that Affiant states that such best violates Section 1349.27 of the efforts shall include, but are not lim- Section 659.99 Penalties. Revised Code, or has an affiliate ited to: (a) Whoever violates Section that, or is an affiliate of a bank or A. The presence of identifiable 659.02 is guilty of a misdemeanor of other financial institution that, vio- trained personnel in real estate with the first degree. Each day in which lates Section 1349.27 of the Revised sole responsibility and lending a borrower is assessed with interest Code. authority and a clearly defined on the principal loan amount of a (c) (1) Neither the Director of focus on “neighborhood develop- predatory loan shall constitute a Finance nor the City Treasurer shall ment” finance as defined in Section separate offense. allow City monies to remain invest- 178.04 of the Codified Ordinances of (b) Whoever violates Section ed, or hereafter make investments Cleveland, Ohio, 1976. 659.03 or Section 659.04 is guilty of in, securities collateralized by any B. Cooperation with and support a misdemeanor of the fourth degree. interest in loans originating or pur- of non-profit neighborhood develop- (c) (1) No person or business enti- chased by any business entity that ment organizations in the successful ty shall be awarded a contract with makes predatory loans, or has an implementation of “neighborhood the City if the person or business affiliate that, or is an affiliate of a development” finance, through vehi- entity or any of its affiliates makes bank or other financial institution cles such as grants, below-market predatory loans or violates Section that, makes predatory loans. financing and equity investments. 1349.27 of the Revised Code. Every (2) Neither the Director of C. A willingness to participate in contract with the City shall contain Finance nor the City Treasurer shall the financing of publicly-subsidized a provision requiring that the per- allow City monies to remain invest- neighborhood development projects. son or business entity with which ed, or hereafter make investments D. A commitment to affirmatively the City is contracting must certify in, securities collateralized by any market and make available banking that neither the person or business interest in loans originating or pur- services throughout Cleveland’s entity nor any of its affiliates has chased by any business entity that neighborhoods. made predatory loans or has violat- violates Section 1349.27 of the E. The cooperative establishment ed Section 1349.27 of the Revised Revised Code, or has an affiliate of investment services through Code. Nothing in this section shall that, or is an affiliate of a bank or incentive programs such as linked affect the validity of any contract other financial institution that, vio- deposits and compensating balance entered into in connection with any lates Section 1349.27 of the Revised transactions. debt obligations issued by or on Code. 2. Further, the affiant certifies behalf of the City, regardless of (d) The divestiture required by that neither it, nor any of its affili- whether the contract was awarded divisions (b) and (c) shall be com- ates, (i) will make predatory loans in compliance with this section. Any pleted within six (6) months of as defined in Chapter 659 of the Cod- other contract awarded in violation receipt by the City Treasurer of ified Ordinances of the City of Cleve- of this section shall be voidable at notice from the Director of Finance land, Ohio, 1976; (ii) will violate Sec- the option of the City. or the Director of Consumer Affairs tion 1349.27 of the Revised Code. (2) The Finance Director may sus- that a business entity makes preda- 3. Further, the affiant agrees to pend the ineligibility of a person or tory loans, or has an affiliate that, submit the information required in business entity in order to allow or is an affiliate of a bank or other Section 178.05 of the Codified Ordi- execution of a contract with the per- financial institution that, makes nances of Cleveland, Ohio, 1976, to son or entity upon written applica- predatory loans. During the six (6) the Director of Finance on an annu- tion by the head of the City depart- month period, the City Treasurer al basis. ment affected by the proposed con- shall make regular reports to the 4. Further, the affiant agrees to tract, setting forth facts sufficient City Council concerning the pro- submit statements and information in the judgment of the Finance gress of divestiture. If, prior to expi- of such affirmative participation as Director to establish: ration of the six (6) month time required in this affidavit which has A. that the public health, safety or limit for divestiture, the Finance occurred within the annual review welfare of the City requires the Director or City Treasurer deter- period. goods or services of the person or mines that completion of divestiture Section 4. That existing Section business entity; and within the six (6) month time limit 178.07 as amended by Ordinance No. B. that the City is unable to will necessitate substantial losses to 2353-93, passed February 14, 1994 acquire the goods or services at the City then the City Treasurer and Ordinance No. 372-02 passed comparable price and quality, and in shall request from City Council an March 4, 2002, is hereby repealed. sufficient quantity from another extension of time within which to Section 5. All institutions and City source or other sources. complete divestiture. departments effected by this Ordi- (e) As used in this section, the nance shall have sixty (60) days Section 178.181 Deposits and In- terms “predatory loan” and “affili- from the effective date of this Ordi- vestments in Institutions Practicing ate” shall have the same meanings nance to implement procedures by Predatory Lending Prohibited as set forth in Section 659.01 of the which to fully comply with Sections (a) (1) Neither the Director of Codified Ordinances of the City of 659.03 and 659.04. All other sections Finance nor the City Treasurer shall Cleveland, 1976. of this Ordinance are enforceable keep any City funds on deposit in Section 3. That Section 178.07 of from the effective date. any bank or other financial institu- the Codified Ordinances of Cleve- Section 6. That this ordinance is tion that makes predatory loans, or land, Ohio, 1976, as amended by hereby declared to be an emergency that has an affiliate that, or is an Ordinance No. 2353-93 passed Febru- measure and, provided it receives affiliate of a bank or other finan- ary 14, 1994 and Ordinance No. 372- the affirmative vote of two-thirds of cial institution that, makes predato- 02 passed March 4, 2002 is amended all the members elected to Council, ry loans. to read as follows: it shall take effect and be in force (2) Neither the Director of immediately upon its passage and Finance nor the City Treasurer shall Section 178.07 Affidavit approval by the Mayor; otherwise it keep any City funds on deposit in The affidavit required by division shall take effect and be in force any bank or other financial institu- (a)(6) of Section 178.05 shall be in from and after the earliest period tion that violates Section 1349.27 of the following form and shall contain allowed by law. the Revised Code, or that has an the information herein required: Motion to suspend rules. Charter affiliate that, or is an affiliate of a and statutory provisions and place bank or other financial institution STATE OF OHIO on final passage. that, violates Section 1349.27 of the COUNTY OF CUYAHOGA The rules were suspended. Yeas Revised Code. SS:AFFIDAVIT OF INTENT 21. Nays 0. Read second time. Read (b) (1) Neither the Director of I, ______, a duly-authorized third time in full. Passed. Yeas 19. Finance nor the City Treasurer shall representative of ______, being Nays 2. allow City monies to remain invest- first sworn, depose and say as fol- Those voting yea: Council Mem- ed, or hereafter make investments lows: bers Jackson, Brady, Britt, Cimper- in, stocks, securities, or other oblig- 1. That for the purpose of becom- man, Coats, Conwell, Gordon, John- ations of any business entity that ing an eligible depository for active son, Jones, Lewis, O’Malley, Polen- makes predatory loans, or has an deposits of the City of Cleveland, sek, Reed, Rybka, Scott, Sweeney, affiliate that, or is an affiliate of a the undersigned affiant states that Westbrook, White, Zone. bank or other financial institution it will develop lending and financ- Those voting nay: Council Mem- that, makes predatory loans. ing opportunities and make “best bers Cintron, Dolan. 824 April 24, 2002 The City Record 13

Ord. No. 738-02. Section 2. That Section 2 of Ordi- Morgan, 10500 Madison Avenue, By Councilman Lewis. nance No. 609-02, passed April 1, 2002 Cleveland, Ohio 44102 to Permit No. An emergency ordinance consent- is hereby repealed. 5413068, Madison Avenue Mini Mart, ing and approving the issuance of a Section 3. That this ordinance is Inc., Mikes Food Market, 10500 Madi- permit for the New Day in Hough hereby declared to be an emergency son Avenue, Cleveland, Ohio 44102 Walk, Race and Parade on May 11, measure and, provided it receives and requests the Director of Liquor 2002, sponsored by a New Day in the affirmative vote of two-thirds of Control to set a hearing for said Hough Committee. all the members elected to Council, application in accordance with pro- Whereas, this ordinance consti- it shall take effect and be in force visions of Section 4303.26 of the tutes an emergency measure provid- immediately upon its passage and Revised Code of Ohio. ing for the usual daily operation of approval by the Mayor; otherwise it Section 2. That the Clerk of Coun- a municipal department; now, there- shall take effect and be in force cil be and she is hereby directed to fore from and after the earliest period transmit two certified copies of this Be it ordained by the Council of allowed by law. resolution, together with two copies the City of Cleveland: Motion to suspend rules. Charter of a letter of objection and two Section 1. That pursuant to Sec- and statutory provisions and place copies of a letter requesting that the tion 411.06 of the Codified Ordi- on final passage. hearing be held in Cleveland, Cuya- nances of Cleveland, Ohio 1976, this The rules were suspended. Yeas hoga County. Council consents to and approves 21. Nays 0. Read second time. Read Section 3. That this resolution is the holding of a Walk, Race and third time in full. Passed. Yeas 21. hereby declared to be an emergency Parade, sponsored by a New Day in Nays 0. measure and, provided it receives Hough Committee, on May 11, 2002, the affirmative vote of two-thirds of assembling at Thurgood Marshall FIRST READING EMERGENCY all the members elected to Council, Recreation Center, go west on RESOLUTIONS READ IN FULL it shall take effect and be in force Hough Avenue to East 79th Street, AND ADOPTED immediately upon its adoption and north on East 79th to Lexington, approval by the Mayor; otherwise it west on Lexington to East 66th Res. No. 740-02. shall take effect and be in force Street, south on East 66th Street to By Councilman Brady. from and after the earliest period Hough, east on Hough to Thurgood An emergency resolution object- allowed by law. Marshall and the Parade route also ing to the transfer of ownership of Motion to suspend rules. Charter assembling at Thurgood Marshall a C1 and C2X Liquor Permit to 10500 and statutory provisions and place Recreation Center, from Thurgood Madison Avenue. on final passage. Marshall, west on Hough Avenue to Whereas, Council has been noti- The rules were suspended. Yeas East 71st Street, north on East 71st fied by the Department of Liquor 21. Nays 0. Read second time. Read Street to Linwood, east on Linwood Control of an application for the third time in full. Adopted. Yeas 21. to East 79th Street, south on East transfer of ownership of a C1 and Nays 0. 79th Street to Hough Avenue, east C2X Liquor Permit from Permit No. on Hough Avenue to Thurgood Mar- 6155921 Gamil S. Morgan, 10500 Res. No. 741-02. shall, provided that the applicant Madison Avenue, Cleveland, Ohio By Councilman Britt. sponsor shall meet all the require- 44102 to Permit No. 5413068, Madison An emergency resolution with- Avenue Mini Mart, Inc., Mikes Food ments of Section 411.05 of the Codi- drawing objection to the renewal of fied Ordinances of Cleveland, Ohio, Market, 10500 Madison Avenue, a C1 Liquor Permit to 8302 Cedar 1976. Streets may be closed as deter- Cleveland, Ohio 44102; and Avenue and repealing Resolution Whereas, the granting of this mined by the Chief of Police and No. 1579-01 objecting to said re- application for a liquor permit to safety forces as may be necessary newal. in order to protect the participants this high crime area, which is Whereas, this Council objected to in the event. Said permit shall fur- already saturated with other liquor the renewal of a C1 Liquor Permit ther provide that the City of Cleve- outlets, is contrary to the best inter- to 8302 Cedar Avenue by Resolution land shall be fully indemnified from ests of the entire community; and any and all liability resulting from Whereas, the applicant does not No. 1579-01 adopted by Council on August 15, 2001; and the issuance of the same, to the qualify to be a permit holder and/or extent and in form satisfactory to has demonstrated that he has oper- Whereas, this Council wishes to the Director of Law. ated his liquor business in disregard withdraw its objection to the above Section 2. That this ordinance is of the laws, regulations or local renewal and hereby consents to said hereby declared to be an emergency ordinances of this state or any other renewal pursuant to the Cooperation measure and, provided it receives state; and Agreement by and through Patricia the affirmative vote of two-thirds of Whereas, the place for which the J. Britt and Devious McDade, Presi- all the members elected to Council, permit is sought has not conformed dent, DE & TS Maxwell Cutrate, it shall take effect and be in force to the building, safety or health 8302 Cedar Avenue, Permit No. immediately upon its passage and requirements of the governing body 2068613, and executed by Susan M. approval by the Mayor; otherwise it of this County or City; and Bungard, Assistant Director of Law; shall take effect and be in force Whereas, the place for which the and from and after the earliest period permit is sought is so arranged or Whereas, this resolution consti- allowed by law. constructed that law enforcement tutes an emergency measure provid- Motion to suspend rules. Charter officers or agents of the Department ing for the usual daily operation of and statutory provisions and place of Liquor Control are prevented rea- a municipal department; now, there- on final passage. sonable access to the establishment; fore, The rules were suspended. Yeas and Be it resolved by the Council of 21. Nays 0. Read second time. Read Whereas, the place for which the the City of Cleveland: third time in full. Passed. Yeas 21. permit is sought is so located with Section 1. That objection to the C1, Nays 0. respect to the neighborhood that it Liquor Permit to 8302 Cedar Avenue substantially interferes with public be and the same is hereby with- Ord. No. 739-02. decency, sobriety, peace or good drawn and Resolution No. 1579-01, By Councilman Reed. order; and containing said objection, be and An emergency ordinance amend- Whereas, this objection is based the same is hereby repealed and ing Section 2 of Ordinance 609-02, on other legal grounds as set forth that this Council consents to the passed April 1, 2002 as it relates to in Revised Code Section 4303.292; immediate renewal thereof. the support of the Adult Basic and Section 2. That this resolution is Landscape Training Program Whereas, this resolution consti- hereby declared to be an emergency through the use of Ward 3 Neigh- tutes an emergency measure provid- measure and, provided it receives borhood Equity Funds. ing for the immediate preservation the affirmative vote of two-thirds of Whereas, this ordinance consti- of the public peace, prosperity, safe- all the members elected to Council, tutes an emergency measure provid- ty and welfare pursuant to Section it shall take effect and be in force ing for the usual daily operation of 4303.26 of the Ohio Revised Code. immediately upon its adoption and a municipal department; now, there- Council’s objection to said permit approval by the Mayor; otherwise it fore must be received by the Director of shall take effect and be in force Be it ordained by the Council of Liquor Control within 30 days of from and after the earliest period the City of Cleveland: notification; now, therefore, allowed by law. Section 1. That Section 2 of Ordi- Be it resolved by the Council of Motion to suspend rules. Charter nance No. 609-02, passed April 1, 2002 the City of Cleveland: and statutory provisions and place is amended to read as follows: Section 1. That Council does here- on final passage. Section 2. That the cost of said by record its objection to the trans- The rules were suspended. Yeas contract shall be in an amount not fer of ownership transfer of owner- 21. Nays 0. Read second time. Read to exceed $14,125 and shall be paid ship of a C1 and C2X Liquor Permit third time in full. Adopted. Yeas 21. from Fund No. 10 SF 166. from Permit No. 6155921, Gamil S. Nays 0. 825 14 The City Record April 24, 2002

Res. No. 742-02. this Council urges the FCC to per- Whereas, this resolution consti- By Councilman Dolan. mit local franchising authorities to tutes an emergency measure provid- An emergency resolution urging impose consumer protection require- ing for the immediate preservation the FCC to allow local governments ments and reasonable measures in of the public safety, welfare and to regulate cable modem services, consumers’ interests. Finally, this health; now therefore, and asking the Law Director to file Council urges the FCC to require Be it resolved by the Council of comments with the FCC in its rule- cable operators to contribute to the the City of Cleveland: making proceeding. universal service fund based on rev- Section 1. That this Council of the Whereas, Adelphia Cleveland has a enues from cable modem services. City of Cleveland supports the full franchise with the City of Cleveland Section 2. That this Council rights of citizenship for the resi- for the provision of cable television strongly urges the Director of Law dents of the District of Columbia and related services over its cable to file comments consistent with and urges the members of Congress system in the City, and said fran- this Resolution in the FCC rule- to grant the residents of the District chise contains requirements for Adel- making proceeding (CS Docket No. of Columbia the right to elect rep- phia’s use of the rights-of-way of the 02-52) regarding the appropriate reg- resentatives to both houses of the City, and requires payment of a fran- ulatory treatment for broadband United States Congress. chise fee for the provision of any ser- access to the Internet over cable Section 2. That the Clerk of Coun- vices offered over Adelphia’s system facilities within the time allowed by cil is hereby requested to transmit a located in the right-of-way; and the FCC’s March 15, 2002 Notice. copy of this resolution to President Whereas, pursuant to its obliga- Section 3. That upon its adoption Bush and the members of the Cleve- tion set forth in Ordinance No. 1729- by City Council the Clerk of Coun- land area congressional delegation. 2000, passed October 16, 2000, Adel- cil shall provide copies of this Res- Section 3. That this resolution is phia is constructing an upgrade of olution to the following: Mayor hereby declared to be an emergency its Cable System, which must be Campbell, the Director of Law, the measure and, provided it receives completed by June 1, 2003, and Adel- FCC, and Adelphia Cleveland. the affirmative vote of two-thirds of phia is required under said Cable Section 4. That this resolution is all the members elected to Council, Transfer Ordinance to offer cable hereby declared to be an emergency it shall take effect and be in force modem service to its subscribers in measure and, provided it receives immediately upon its adoption and the City within 120 days of com- the affirmative vote of two-thirds of approval by the Mayor; otherwise it pleting and activating portions of all the members elected to Council, shall take effect and be in force its System Upgrade as it is com- it shall take effect and be in force from and after the earliest period pleted; and immediately upon its adoption and allowed by law. Whereas, cable modem service pro- approval by the Mayor; otherwise it Motion to suspend rules. Charter vides high speed access to the Inter- shall take effect and be in force and statutory provisions and place net over cable system facilities; and from and after the earliest period on final passage. Whereas, the Federal Communica- allowed by law. The rules were suspended. Yeas tions Commission (FCC) issued a Motion to suspend rules. Charter 21. Nays 0. Read second time. Read Declaratory Ruling and Notice of and statutory provisions and place third time in full. Adopted. Yeas 21. Proposed Rulemaking on March 15, on final passage. Nays 0. 2002 (GN Docket No. 00-185, and CS The rules were suspended. Yeas Docket No. 02-52), in which the FCC 21. Nays 0. Read second time. Read Res. No. 744-02. seeks comments on its declared pol- third time in full. Adopted. Yeas 21. By Councilman Jones. icy that cable modem service is an Nays 0. An emergency resolution with- interstate information service and drawing objection to the renewal of not a cable service, and the FCC is Res. No. 743-02. a C1 Liquor Permit to 4060 Lee Road also seeking comments on the By Councilmen Jackson, Conwell and repealing Resolution No. 1341-99, issues, among others, of: whether and Jones. objecting to said renewal. the FCC should preclude state and An emergency resolution urging Whereas, this Council objected to local governments from regulating the United States Congress to rec- the renewal of a C1 Liquor Permit cable modem service, including ognize the constitutional right of to 4060 Lee Road by Resolution No. access and franchise requirements the citizens of the District of Colum- 1341-99 adopted by Council on July and the payment of franchise fees bia to have full representation in 14, 1999; and on revenues from cable modem ser- the United States House of Repre- Whereas, this Council wishes to vice; whether the FCC should sentatives and the U.S. Senate. withdraw its objection to the above require cable operators to contribute Whereas, Washington City, Wash- renewal and hereby consents to said to the Universal Service Fund on the ington County and Georgetown were renewal pursuant to the Cooperation revenues from cable modem service merged into Washington, District of Agreement by and through Joseph to promote cable modem use among Columbia in 1871; and T. Jones and Thaer Taye, President, low income consumers; and whether Whereas, the District of Columbia Ossie, Inc., dba Lee-Harvard Shell, the FCC should allow local govern- is treated as a state in over 500 fed- 4060 Lee Road, Cleveland, Ohio ments to impose consumer protec- eral laws; and 44128, Permit No. 6591675-0005, and tion requirements and customer ser- Whereas, the 570,000 citizens of executed by Susan M. Bungard, vice standards on the provision of the District of Columbia pay approx- Assistant Director of Law; and cable modem service; and imately $5 billion annually in local Whereas, this resolution constitutes Whereas, the City of Cleveland tax revenues, plus $2.5 billion in fed- an emergency measure providing for has the obligation and desire to pro- eral taxes; and the usual daily operation of a munic- tect consumers in the City in the Whereas, Washington D.C.’s local ipal department; now, therefore, provision of all services offered by budget is paid for by its own local Be it resolved by the Council of the City’s franchisee Adelphia Cleve- taxpayers despite the fact that 41% the City of Cleveland: land in the City through its use of of its land is used by the federal gov- Section 1. That objection to the C1 the public right-of-way, and its fran- ernment and cannot be taxed, and ser- Liquor Permit to 4060 Lee Road be chise requires Adelphia to pay fees vices provided to the federal govern- and the same is hereby withdrawn on revenues from all services, ment are not reimbursed except under and Resolution No. 1341-99, contain- including cable modem services; extraordinary circumstances; and ing said objection, be and the same now therefore Whereas, the congressional dele- is hereby repealed and that this Be it resolved by the Council of gate who represents the District of Council consents to the immediate the City of Cleveland: Columbia has the same responsibili- renewal thereof. Section 1. That this Council urges ties and the same privileges as Section 2. That this resolution is the FCC not to preclude state and other members of the United States hereby declared to be an emergency local authorities from regulating House of Representatives but cannot measure and, provided it receives cable modem services and facilities, vote on the House floor, and further, the affirmative vote of two-thirds of including access requirements, fran- the District of Columbia does not all the members elected to Council, chise requirements and franchise have any representation in the Unit- it shall take effect and be in force fees; rather the FCC must act to pro- ed States Senate; and immediately upon its adoption and tect the right and obligation of state Whereas, the United States Con- approval by the Mayor; otherwise it and local governments to regulate gress can override any local ordi- shall take effect and be in force the rights-of-way in order to protect nance or resolution passed by the Dis- from and after the earliest period the health and safety of their citi- trict of Columbia City Council; and allowed by law. zens, to provide non-discriminatory Whereas, this Council of the City Motion to suspend rules. Charter access to the rights-of-way, and to of Cleveland strongly believes that and statutory provisions and place charge reasonable fees to cover the the disenfranchisement of the citi- on final passage. costs of maintaining the rights-of- zens of this nation’s capitol is con- The rules were suspended. Yeas ways and protect the public interest trary to the spirit of liberty and 21. Nays 0. Read second time. Read in the services offered through use democracy upon which the United third time in full. Adopted. Yeas 21. of the rights-of-ways. In addition, States was founded; and Nays 0. 826 April 24, 2002 The City Record 15

Res. No. 745-02. enter into contracts for the con- Ord. No. 386-02. By Councilman Polensek. struction of public improvements, By Councilmen Coats, Cimperman An emergency resolution with- amenities and related matters; and and Jackson (by departmental re- drawing objection to the renewal of authorizing and approving related quest). a C1, C2 and D6 Liquor Permit to matters. An emergency ordinance deter- 15521 St. Clair Avenue and repealing Approved by Directors of Commu- mining the method of making the Resolution No. 1630-01, objecting to nity Development, Economic De- public improvement of constructing said renewal. velopment, Public Service, Public and repairing catch basins and man- Whereas, this Council objected to Utilities, City Planning Commission, holes citywide and authorizing the the renewal of a C1, C2 and D6 Finance, Law; Passage recommend- Director of Public Utilities to enter Liquor Permit to 15521 St. Clair ed by Committees on Community into a public improvement require- Avenue by Resolution No. 1630-01 and Economic Development, Public ment contract for the making of adopted by Council on August 15, Service, Public Utilities, City Plan- such improvement. 2001; and ning, Finance. Approved by Directors of Public Whereas, this Council wishes to Utilities, City Planning Commission, withdraw its objection to the above Ord. No. 223-02. Finance, Law; Passage recommend- renewal and hereby consents to said By Councilmen Jackson, Gordon ed by Committees on Public Utili- renewal pursuant to the Coopera- and Cimperman (by departmental ties, City Planning, Finance. tion Agreement by and through request). Michael Polensek and Balwinder An emergency ordinance authoriz- Ord. No. 479-02. Singh, Manager, Convenient Food ing the sale of real property as part By Councilmen Sweeney and Jack- Mart, Inc., dba Convenient Food of the Land Reutilization Program son (by departmental request). Mart #3100, 15521 St. Clair Avenue, and located at East 80th Street and An emergency ordinance autho- Cleveland, Ohio 44110, Permit No. Preble; East 81st Street to KINBESS, rizing the purchase by requirement 1709285, and executed by Susan M. LLC. contract or contracts of for the Bungard, Assistant Director of Law; Approved by Directors of Commu- transfer and disposal of solid a n d nity Development, City Planning waste, for the Division of Waste Whereas, this resolution consti- Commission, Finance, Law; Passage Collection and Disposal, Depart- tutes an emergency measure provid- recommended by Committees on ment of Public Service, for a peri- ing for the usual daily operation of Community and Economic Develop- od of two years with two one-year a municipal department; now, there- ment, City Planning, Finance. options to renew. fore, Approved by Directors of Public Be it resolved by the Council of Ord. No. 224-02. Service, Finance, Law; Passage rec- the City of Cleveland: By Councilmen Britt, Gordon, ommended by Committees on Public Section 1. That objection to the C1, Sweeney, Coats, Cimperman and Service, Finance; when amended as C2 and D6 Liquor Permit to 15521 St. Jackson (by departmental request). follows: Clair Avenue be and the same is An emergency ordinance deter- 1. In the title, lines 7, 8 and 9, delete “, for a period of two years hereby withdrawn and Resolution mining the method of making the with two one-year options to renew”. No. 1630-01, containing said objec- public improvement of constructing 2. In Section 1, strike lines 14, 15, tion, be and the same is hereby Phase I improvements to the Wood- 16, and 17, and insert in lieu there- repealed and that this Council con- haven Development Project, and of “The contract or contracts hereby sents to the immediate renewal authorizing the Directors of Com- authorized shall have a term of one thereof. munity Development, Public Service (1) year or two (2) years subject to Section 2. That this resolution is and Public Utilities to enter into the requirements of Section 3 of this hereby declared to be an emergency contract for the making of such ordinance. Bids shall be taken in measure and, provided it receives improvement. such manner as to”. the affirmative vote of two-thirds of Approved by Directors of Com- 3. In Section 1, line 24, delete “ini- all the members elected to Council, munity Development, Public Ser- tial” and insert “entire”. it shall take effect and be in force vice, Public Utilities, City Planning 4. In Section 2, line 5, delete “the immediately upon its adoption and Commission, Finance, Law; Pas- initial two-year term of” and in lines approval by the Mayor; otherwise it sage recommended by Committees 11, 12, 13 and 14 delete “The Direc- shall take effect and be in force on Community and Economic tor may also require that the per- from and after the earliest period Development, Public Service, Pub- formance of each contract be allowed by law. lic Utilities, City Planning, secured in any option year by a per- Motion to suspend rules. Charter F i n a n c e . formance bond or bonds, each in an and statutory provisions and place amount determined by the Direc- on final passage. Ord. No. 280-02. tor.”. The rules were suspended. Yeas By Councilmen Sweeney, Cimper- 5. In Section 3, last line between 21. Nays 0. Read second time. Read man and Jackson (by departmental “Finance.” and “(RL 112787)” insert third time in full. Adopted. Yeas 21. request). the following: “That the Director of Nays 0. An emergency ordinance autho- Public Service shall have authority rizing the acquisition of certain to enter into a contract or contracts SECOND READING easement interests from Cleveland with a term of two (2) years when EMERGENCY ORDINANCES Assets, LLC for the public purpose there is a financial advantage to of pedestrian sidewalk crossing the City of entering into a contract Ord. No. 1913-01. and passage located on and within or contracts with a term of two (2) By Councilmen Jackson, Cintron, the new FBI field office property, years in lieu of entering into a con- O’Malley, Cimperman and Patmon for the Department of Public Ser- tract or contracts with a term of (by departmental request). v i c e . one (1) year. For purposes of this An emergency ordinance authoriz- Approved by Directors of Public ordinance, a financial advantage ing the Director of Community Service, City Planning Commission, shall be determined by the Direc- Development to expend Economic Finance, Law; Passage recommend- tor of Public Service by comparing Development Initiative Grant funds ed by Committees on Public Service, the bids received for a contract or for acquisition, architectural and City Planning, Finance. contracts with a term of two (2) engineering costs, second mortgage years and the bids received for a assistance and infrastructure for the Ord. No. 283-02. contract or contracts with a term Homeownership Zone Project; and to By Councilman Jackson. of one (1) year. The Director of enter into all contracts and related An emergency ordinance authoriz- Public Service shall report to the documents with Burten, Bell Carr ing the sale of real property as part Chairman of the Public Service Development, Inc., or its designee, of the Land Reutilization Program Committee if a two (2) year con- for the acquisition, architectural and and located at 2239 and 2234 East tract is entered into pursuant to engineering and second mortgage 55th Street to Kelly Rice. this ordinance.” . assistance for the Homeownership Approved by Directors of Commu- Amendments agreed to. Zone; and determining the methods nity Development, City Planning of, and authorizing the Directors of Commission, Finance, Law; Passage Ord. No. 483-02. Community Development, Public recommended by Committees on By Councilman O’Malley. Service, Public Utilities and other Community and Economic Develop- An emergency ordinance authoriz- City officials, as appropriate, to ment, City Planning, Finance. ing the City of Cleveland to enter 827 16 The City Record April 24, 2002 into an agreement with the City of THIRD READING EMERGENCY Ord. No. 127-02. Parma regarding uses and districts ORDINANCES PASSED By Councilmen Westbrook and across common boundaries when Polensek (by departmental request). applying zoning laws. Ord. No. 1866-01. An emergency ordinance authoriz- Approved by Directors of City By Councilmen Jackson and Pat- ing the purchase by requirement Planning Commission, Finance, Law; mon (by departmental request). contract of unarmed security guard Passage recommended by Commit- An emergency ordinance authoriz- services, for the various divisions of tees on City Planning, Finance. ing the Director of Community the Department of Port Control. Development to enter into contract Read third time. Passed. Yeas 21. Ord. No. 534-02. with Maximus for enhancements to Nays 0. By Councilmen Sweeney and Jack- the PeopleSoft system. Ord. No. 346-02. son (by departmental request). Read third time. Passed. Yeas 21. By Councilmen Coats and Jackson An emergency ordinance authoriz- Nays 0. ing the purchase by requirement (by departmental request). An emergency ordinance authoriz- contract of contingency services for Ord. No. 1951-01. ing the purchase by requirement the disposal of municipal solid By Councilmen O’Malley and Pat- contract of labor and materials nec- waste, for the Division of Waste Col- mon (by departmental request). essary to repair pump stations, for lection and Disposal, Department of An emergency ordinance authoriz- the Division of Water Pollution Con- Public Service, for a period of two ing the Director of Public Utilities trol, Department of Public Utilities. years with two one-year op-tions to to enter into contract with one or Read third time. Passed. Yeas 21. renew. more computer software vendors to Nays 0. Approved by Directors of Public provide SCADA system software, Service, Finance, Law; Passage rec- SCADA system software upgrades, Ord. No. 347-02. ommended by Committees on Public and support software necessary to By Councilmen Coats and Jackson Service, Finance; when amended as operate the SCADA software system, (by departmental request). follows: including implementation, if neces- An emergency ordinance to amend 1. In the title, lines 8 and 9, delete sary, for the Divisions of Water and Section 2 of Ordinance No. 414-2000, “, for a period of two years with two Cleveland Public Power, Department passed May 15, 2000, relating to a one-year options to renew”. of Public Utilities. requirement contract for labor and 2. In Section 1, strike lines 12, 13 Read third time. Passed. Yeas 21. materials necessary to repair and and 14, and insert in lieu thereof Nays 0. maintain combination sewer and “authorized shall have a term of one catch basin cleaners, including (1) year or two (2) years subject to Ord. No. 2357-01. appurtenances, for the Department the requirements of Section 3 of this By Councilmen O’Malley and Pat- of Public Utilities. ordinance. Bids”. mon (by departmental request). Read third time. Passed. Yeas 21. 3. In Section 1, line 22, delete “ini- An emergency ordinance authoriz- Nays 0. tial” and insert “entire”. ing the purchase by requirement 4. In Section 2, line 5, delete “the contract of paper products, for the Ord. No. 528-02. By Councilmen Coats and Jackson initial two-year term of” and in lines Divisions of Water and Cleveland Public Power, Department of Public (by departmental request). 11, 12, 13 and 14 delete “The Direc- An emergency ordinance authoriz- Utilities, for a period not to exceed tor may also require that the per- ing the purchase by requirement two years. formance of each contract be contract of diesel fuel, for the Divi- Read third time. Passed. Yeas 21. secured in any option year by a per- sion of Cleveland Public Power, formance bond or bonds, each in an Nays 0. Department of Public Utilities. amount determined by the Direc- Read third time. Passed. Yeas 21. tor.”. Ord. No. 2359-01. Nays 0. 5. In Section 3, last line between By Councilmen O’Malley and Pat- “Finance.” and “(RL 32023)” insert mon (by departmental request). Ord. No. 539-02. the following: “That the Director of An emergency ordinance autho- By Councilmen Johnson and Jack- Public Service shall have authority rizing the Director of Public Utili- son (by departmental request). to enter into a contract or contracts ties to enter into a first amendment An emergency ordinance authoriz- with a term of two (2) years when to Contract No. 52690 with Data- ing the purchase by requirement there is a financial advantage to matics for the purchase of addi- contract of various types of electric the City of entering into a contract tional labor and materials neces- motors and pumps, including labor or contracts with a term of two (2) sary to upgrade the Datamatics sys- and materials necessary to repair years in lieu of entering into a con- tem used for Water Division cus- and maintain existing motors and tract or contracts with a term of tomer account services, for the Divi- pumps, for the Division of Property one (1) year. For purposes of this sion of Water, Department of Pub- Management, Department of Parks, Recreation and Properties, for a ordinance, a financial advantage lic Utilities. period not to exceed one year; and shall be determined by the Direc- Read third time. Passed. Yeas 21. Nays 0. to amend Section 2 of Ordinance No. tor of Public Service by comparing 2055-98, passed December 14, 1998. the bids received for a contract or Ord. No. 2362-01. Read third time. Passed. Yeas 21. contracts with a term of two (2) By Councilmen O’Malley and Pat- Nays 0. years and the bids received for a mon (by departmental request). contract or contracts with a term An emergency ordinance authoriz- LAID ON THE TABLE of one (1) year. The Director of ing the purchase by contract of one Public Service shall report to the enclosed cab diesel engine tractor, Ord. No. 142-91. Chairman of the Public Service including snow removal equipment, By Councilman Rokakis. Committee if a two (2) year con- for the Division of Water, Depart- An emergency ordinance to sup- tract is entered into pursuant to ment of Public Utilities. plement the Codified Ordinances of Cleveland, Ohio, 1976, by enacting this ordinance.” . Read third time. Passed. Yeas 21. new Sections 675A.01 and 675A.02 Amendments agreed to. Nays 0. thereof, relating to door-to-door solicitors. SECOND READING Ord. No. 126-02. EMERGENCY RESOLUTION Without objection, Ordinance No. By Councilmen Westbrook and 142-91 Laid on the Table. Yeas 21. Polensek (by departmental request). Nays 0. Res. No. 292-02. An emergency ordinance autho- By Councilman O’Malley (by re- rizing the purchase by requirement Ord. No. 1048-01. quest). contract of labor and materials nec- By Councilmen O’Malley and Pat- An emergency resolution declar- essary to maintain and replace mon (by departmental request). ing the intention to vacate a portion interior plants and exterior site An emergency ordinance authoriz- of Concord Court S.W. landscaping, for the various divi- ing the purchase by contract of the Approved by Directors of Public sions of the Department of Port purchase and mailing of not to Service, City Planning Commission, Control, for a period not to exceed exceed two hundred fifty thousand Law; Passage recommended by Com- one year. magnet postcards, for the Division mittees on Public Service, City Pl a n - Read third time. Passed. Yeas 21. of Cleveland Public Power, Depart- ni n g . Nays 0. ment of Public Utilities. 828 April 24, 2002 The City Record 17

Without objection, Ordinance No. Zone; and determining the methods Ordinances of Cleveland, Ohio, 1976, 1048-01 Laid on the Table. Yeas 21. of, and authorizing the Directors of for the requirements of the neces- Nays 0. Community Development, Public Ser- sary for the transfer and disposal of vice, Public Utilities and other City solid waste, including but not limit- Ord. No. 1506-01. officials, as appropriate, to enter ed to bulk waste disposal, process- By Councilmen Rybka and Pat- into contracts for the construction of ing of recyclables and tire disposal, mon (by departmental request). public improvements, amenities and and the provision, as the Board of An emergency ordinance authoriz- related matters; and authorizing and Control shall determine, of the nec- ing the Director of Parks, Recre- approving related matters. essary landfill, transfer station ation and Properties to make alter- and/or material recovery facility ations and modifications in Contract Ord. No. 223-02. requirements, in the approximate No. 56436, for West Side and East By Councilmen Jackson, Gordon amount for each year of the term as Side Markets Millennium Project and Cimperman (by departmental purchased during the preceding Base Bid #2 with RW Clark Com- request). year, to be purchased by the Com- pany, for the Department of Parks, An emergency ordinance authoriz- missioner of Purchases and Supplies Recreation and Properties. ing the sale of real property as part upon a unit basis for the Division Without objection, Ordinance No. of the Land Reutilization Program of Waste Collection and Disposal, 1506-01 Laid on the Table. Yeas 21. and located at East 80th Street and Department of Public Service. The Nays 0. Preble; East 81st Street to KINBESS, contract or contracts hereby autho- LLC. rized shall have a term of one (1) Ord. No. 1507-01. year or two (2) years subject to the By Councilmen Rybka and Pat- Ord. No. 224-02. requirements of Section 3 of this mon (by departmental request). By Councilmen Britt, Gordon, ordinance. Bids shall be taken in An emergency ordinance authoriz- Sweeney, Coats, Cimperman and such manner as to permit an award ing the Director of Parks, Recre- Jackson (by departmental request). to be made for all items of services ation and Properties to make alter- An emergency ordinance deter- as a single contract, or by separate ations and modifications in Contract mining the method of making the contracts for each or any combina- No. 56521, for West Side and East public improvement of constructing tion of said items as the Board of Side Markets Millennium Project Phase I improvements to the Wood- Control shall determine. Base Bid #4 Envirocom Construc- haven Development Project, and Bids shall also be taken so as to tion, Inc. for the Department of authorizing the Directors of Com- permit an award to be made for pro- Parks, Recreation and Properties. munity Development, Public Service vision of such services citywide or Without objection, Ordinance No. and Public Utilities to enter into by separate contracts for the dis- 1507-01 Laid on the Table. Yeas 21. contract for the making of such tricts determined by the Director of Nays 0. improvement. Public Service. Alternate bids for a period less than the entire term may Ord. No. 1914-01. Ord. No. 280-02. be taken if deemed desirable by the By Councilman Johnson. Commissioner of Purchases and Sup- By Councilmen Sweeney, Cimper- An emergency ordinance authoriz- plies until provision is made for the man and Jackson (by departmental ing the Director of Economic Devel- requirements for the entire period. request). opment to enter into an agreement Section 2. That notwithstanding An emergency ordinance authoriz- with Rudy’s Mini Mart, Ltd. for the any provision of the Codified Ordi- ing the acquisition of certain ease- Renovation of Rudy’s Mini Mart, nances of Cleveland, Ohio, 1976, to ment interests from Cleveland Ltd. through the use of Ward 4 the contrary, the Director of Public Neighborhood Equity Funds. Assets, LLC for the public purpose Service may require that each bid be of pedestrian sidewalk crossing and Without objection, Ordinance No. accompanied by a single bond secur- 1914-01 Laid on the Table. Yeas 21. passage located on and within the ing both the execution of a contract Nays 0. new FBI field office property, for and the performance of each con- the Department of Public Service. tract. If a single bond securing both MOTION execution and performance is Ord. No. 283-02. required by the Director, it shall be The Council Meeting adjourned at By Councilman Jackson. substantially in accordance with the 8:05 p.m. to meet on Monday, April An emergency ordinance authoriz- form attached hereto as Exhibit “A”. 29, 2002, at 7:00 p.m. in the Council ing the sale of real property as part Each bond, whether to secure the Chambers. of the Land Reutilization Program execution of a contract, its perfor- and located at 2239 and 2234 East mance, or both, shall be in an 55th Street to Kelly Rice. amount determined by the Director of Public Service. Each bond sub- Ord. No. 386-02. mitted to secure the contract or con- By Councilmen Coats, Cimperman tracts authorized by this ordinance and Jackson (by departmental re- shall be executed by a surety autho- quest). rized to do business in the State of An emergency ordinance deter- Ohio and shall be acceptable to the mining the method of making the Director of Law. Clerk of Council public improvement of constructing Section 3. That the cost of such and repairing catch basins and man- contract or contracts authorized holes citywide and authorizing the hereby shall be charged against the THE CALENDAR Director of Public Utilities to enter proper appropriation account and into a public improvement require- the Director of Finance shall certi- ment contract for the making of fy thereon the amount of the initial The following measures will be on such improvement. purchase thereunder, which pur- their final passage at the next meet- chase, together with all subsequent ing: Ord. No. 479-02. purchases, shall be made on order of By Councilmen Sweeney and Jack- the Commissioner of Purchases and ORDINANCES son (by departmental request). Supplies pursuant to a requisition An emergency ordinance authoriz- against such contract duly certified Ord. No. 1913-01. ing the purchase by requirement by the Director of Finance. That the By Councilmen Jackson, Cintron, contract or contracts of for the Director of Public Service shall have O’Malley, Cimperman and Patmon transfer and disposal of solid waste, authority to enter into a contract or (by departmental request). for the Division of Waste Collection contracts with a term of two (2) An emergency ordinance authoriz- and Disposal, Department of Public years when there is a financial ing the Director of Community Service. advantage to the City of entering Development to expend Economic Whereas, this ordinance consti- into a contract or contracts with a Development Initiative Grant funds tutes an emergency measure provid- term of two (2) years in lieu of for acquisition, architectural and ing for the usual daily operation of entering into a contract or contracts engineering costs, second mortgage a municipal department; now, there- with a term of one (1) year. For assistance and infrastructure for the fore, purposes of this ordinance, a finan- Homeownership Zone Project; and to Be it ordained by the Council of cial advantage shall be determined enter into all contracts and related the City of Cleveland: by the Director of Public Service by documents with Burten, Bell Carr Section 1. That the Director of comparing the bids received for a Development, Inc., or its designee, Public Service is hereby authorized contract or contracts with a term of for the acquisition, architectural and to make a written requirement con- two (2) years and the bids received engineering and second mortgage tract or contracts in accordance for a contract or contracts with a assistance for the Homeownership with the Charter and the Codified term of one (1) year. The Director 829 18 The City Record April 24, 2002 of Public Service shall report to the IF THE SAID Principal shall well ing for the usual daily operation of Chairman of the Public Service Com- and faithfully perform each and a municipal department; now, there- mittee if a two (2) year contract is every condition of such contract; fore, entered into pursuant to this ordi- and indemnify the Obligee against Be it ordained by the Council of nance. (RL 112787) all damage suffered by failure to the City of Cleveland: Section 4. That this ordinance is perform such contract according to Section 1. That the Director of hereby declared to be an emergency the provisions thereof and in accor- Public Service is hereby authorized measure and, provided it receives dance with the plans, details, speci- to make a written requirement con- the affirmative vote of two-thirds of fications, and bills of material there- tract or contracts in accordance all the members elected to Council, for; and shall pay all lawful claims with the Charter and the Codified it shall take effect and be in force of subcontractors, materialmen, and Ordinances of Cleveland, Ohio, 1976, immediately upon its passage and laborers for labor performed and for the requirements of the provi- approval by the Mayor; otherwise it materials furnished in the carrying sion of contingency-services for the shall take effect and be in force forward, performing, or completing disposal of municipal solid waste to from and after the earliest period said contract; we agreeing and various approved and certified allowed by law. assenting that this undertaking transfer facilities and landfills, in shall be for the benefit of any mate- the approximate amount for each BID GUARANTY AND rialman or laborer having a just year of the term as purchased dur- CONTRACT BOND claim as well as for the Obligee ing the preceding year, to be pur- herein; then this obligation shall be chased by the Commissioner of Pur- KNOW ALL MEN BY THESE void; otherwise the same shall chases and Supplies upon a unit PRESENTS, that we the ______remain in full force and effect; it basis for the Division of Waste Col- ______being expressly understood and lection and Disposal, Department of ______agreed that the liability of the Sure- Public Service. The contract or con- (Name and Address) ty for any and all claims hereunder tracts hereby authorized shall have as Principal and ______shall in no event exceed the penal a term of one (1) year or two (2) (Name of Surety) amount of this obligation as herein years subject to the requirements of as Surety are hereby held and firm- stated. Section 3 of this ordinance. Bids ly bound unto the City of Cleveland, THE SAID Surety hereby stipu- shall be taken in such manner as to hereinafter called the Obligee, in the lates and agrees that no modifica- permit an award to be made for all penal sum hereinafter stated, per- tions, omissions, or additions, in or items of services as a single con- taining to the bid submitted by the to the terms of said contract or in tract, or by separate contracts for Principal to the Obligee on or to the plans and specifications each or any combination of said ______(date) to therefor shall in any wise affect the items as the Board of Control shall undertake the project known ______obligations of said Surety on this determine. ______bond, and it does hereby waive Bids shall also be taken so as to ______notice of any such modifications, permit an award to be made for pro- ______. omissions or additions to the terms vision of such services citywide or The penal sum referred to herein of the contract or to the work or to by separate contracts for the dis- shall be ______the specifications. tricts determined by the Director of ______SIGNED AND SEALED this day of Public Service. Alternate bids for a ______, 20__ _ . period less than the e n t i r e t e r m ______. For may be taken if deemed desirable the payment of the penal sum well PRINCIPAL: SURETY: by the Commissioner of Purchases and truly to be made, we hereby and Supplies until provision is made jointly and severally bind ourselves, ______for the requirements for the entire our heirs, executors, administrators, p e r i o d . successors, and assigns. BY: ______BY: ______Section 2. That notwithstanding THE CONDITION OF THE At t o r n e y - i n - F a c t any provision of the Codified Ordi- ABOVE OBLIGATION IS SUCH, that nances of Cleveland, Ohio, 1976, to whereas the above named Principal TI T L E : ______the contrary, the Director of Public has submitted a bid on the above Service may require that each bid be referred project; SURETY COMPANY ADDRESS: accompanied by a single bond secur- NOW, THEREFORE, if the Oblig- ing both the execution of a contract ee accepts the bid of the Principal ______and the performance of each con- and the Principal fails to enter into Street tract. If a single bond securing both a proper contract in accordance with execution and performance is the bid, plans, details, specifications, required by the Director, it shall be and bills of material; and in the ______City State ZIP substantially in accordance with the event the Principal pays to the form attached hereto as Exhibit “A”. Obligee the difference not to exceed SURETY AGENT’S ADDRESS: Each bond, whether to secure the ten percent of the penalty hereof execution of contract, its perfor- between the amount specified in the ______mance, or both, shall be in an bid and such larger amount for amount determined by the Director which the Obligee may in good faith Agency Name ______of Public Service. Each bond sub- contract with the next lowest and mitted to secure the contract or con- best bidder to perform the work cov- Street tracts authorized by this ordinance ered by the bid; or in the event the shall be executed by a surety autho- Obligee does not award the contract ______rized to do business in the State of to the next lowest and best bidder City State ZIP Ohio and shall be acceptable to the and resubmits the project for bid- Director of Law. ding, the Principal will pay the “Exhibit A” Section 3. That the cost of such Obligee the difference not to exceed ten percent of the penalty hereof Ord. No. 483-02. contract or contracts authorized between the amount specified in the By Councilman O’Malley. hereby shall be charged against the bid, or the costs in connection with An emergency ordinance authoriz- proper appropriation account and the resubmission, of printing new ing the City of Cleveland to enter the Director of Finance shall certi- contract documents, required adver- into an agreement with the City of fy thereon the amount of the initial tising, and printing and mailing Parma regarding uses and districts purchase thereunder, which pur- notices to prospective bidders, across common boundaries when chase, together with all subsequent whichever is less, then this obliga- applying zoning laws. purchases, shall be made on order of tion shall be void, otherwise to the Commissioner of Purchases and remain in full force and effect. If Ord. No. 534-02. Supplies pursuant to a requisition the Obligee accepts the bid of the By Councilmen Sweeney and Jack- against such contract duly certified Principal and the Principal within son (by departmental request). by the Director of Finance. That the ten days after the awarding of the An emergency ordinance authoriz- Director of Public Service shall have contract and submitting to the Prin- ing the purchase by requirement authority to enter into a contract or cipal a contract for execution, enters contract of contingency services for contracts with a term of two (2) into a proper contract in accordance the disposal of municipal solid years when there is a financial with the bid, plans, details, specifi- waste, for the Division of Waste Col- advantage to the City of entering cations, and bills of material, which lection and Disposal, Department of into a contract or contracts with a said contract is made a part of this Public Service. term of two (2) years in lieu of bond the same as though set forth Whereas, this ordinance consti- entering into a contract or contracts herein; and tutes an emergency measure provid- with a term of one (1) year. For pur- 830 April 24, 2002 The City Record 19 poses of this ordinance, a financial accepts the bid of the Principal and BOARD OF CONTROL advantage shall be determined by the Principal within ten days after the Director of Public Service by the awarding of the contract and April 17, 2002 comparing the bids received for a submitting to the Principal a con- contract or contracts with a term of tract for execution, enters into a The regular meeting of the Board two (2) years and the bids received proper contract in accordance with of Control convened in the Mayor’s for a contract or contracts with a the bid, plans, details, specifica- office on Wednesday, April 17, 2002, term of one (1) year. The Director tions, and bills of material, which at 10:30 a.m. with Acting Mayor of Public Service shall report to the said contract is made a part of this Horvath presiding. bond the same as though set forth Chairman of the Public Service Com- Present: Acting Mayor and Acting herein; and mittee if a two (2) year contract is Director Horvath, Director Baker, IF THE SAID Principal shall well entered into pursuant to this ordi- Acting Directors Brown, Konicek, nance. (RL 32023) and faithfully perform each and Director Ricchiuto, Acting Director Section 4. That this ordinance is every condition of such contract; Carroll, Director Draper, Acting hereby declared to be an emergency and indemnify the Obligee against Director Saikaly, Directors Hudecek, measure and, provided it receives all damage suffered by failure to Romero and Warren. the affirmative vote of two-thirds of perform such contract according to Absent: Directors Fumich and all the members elected to Council, the provisions thereof and in accor- Taylor. it shall take effect and be in force dance with the plans, details, speci- Others: Myrna Branche, Purchases immediately upon its passage and fications, and bills of material there- and Supplies. approval by the Mayor; otherwise it for; and shall pay all lawful claims Henry Guzman, Director, Office of shall take effect and be in force of subcontractors, materialmen, and Equal Opportunity. from and after the earliest period laborers for labor performed and On motion, the following resolu- allowed by law. materials furnished in the carrying forward, performing, or completing tions were adopted. said contract; we agreeing and BID GUARANTY AND Resolution No. 195-02. assenting that this undertaking CONTRACT BOND By Director Baker. shall be for the benefit of any mate- Resolved, by the Board of Control rialman or laborer having a just KNOW ALL MEN BY THESE of the City of Cleveland that the bid claim as well as for the Obligee PRESENTS, that we the ______of Valley Ford Truck Sales, Inc. for herein; then this obligation shall be ______an estimated quantity of cab/chas- void; otherwise the same shall ______sis with utility service body/pipe remain in full force and effect; it (Name and Address) repair truck, large, for the various being expressly understood and as Principal and ______divisions of City government, for agreed that the liability of the Sure- (Name of Surety) the period of one (1) year beginning as Surety are hereby held and firm- ty for any and all claims hereunder shall in no event exceed the penal with the date of execution of a con- ly bound unto the City of Cleveland, tract, received on November 9, 2001, hereinafter called the Obligee, in the amount of this obligation as herein stated. pursuant to the authority of Ordi- penal sum hereinafter stated, per- nance No. 1685-2000, passed by the taining to the bid submitted by the THE SAID Surety hereby stipu- lates and agrees that no modifica- Council of the City of Cleveland on Principal to the Obligee on October 30, 2000, and Ordinance No. ______(date) to tions, omissions, or additions, in or to the terms of said contract or in 99-01, passed by the Council of the undertake the project known ______City of Cleveland on January 22, ______or to the plans and specifications therefor shall in any wise affect the 2001, which on the basis of the esti- ______mated quantity would amount to ______. obligations of said Surety on this bond, and it does hereby waive Five Hundred Thirty-Eight Thou- The penal sum referred to herein sand Twenty and 00/100 Dollars shall be ______notice of any such modifications, omissions or additions to the terms ($538,020.00) (0%-30 Days) is hereby ______affirmed and approved as the low- ______of the contract or to the work or to the specifications. est and best bid, and the Director of ______. For Finance is hereby requested to enter the payment of the penal sum well SIGNED AND SEALED this day of ______, 20__ _ . into a requirement contract for such and truly to be made, we hereby goods and/or services, which shall jointly and severally bind ourselves, provide for the immediate purchase PRINCIPAL: SURETY: our heirs, executors, administrators, as the initial amount of such con- successors, and assigns. tract of the following: THE CONDITION OF THE ______ABOVE OBLIGATION IS SUCH, that Requisition No. 105662 whereas the above named Principal BY: ______BY: ______which shall be certified against such has submitted a bid on the above At t o r n e y - i n - F a c t contract in the sum of Five Hundred referred project; Thirty-Eight Thousand Twenty and NOW, THEREFORE, if the Oblig- TI T L E : ______00/100 Dollars ($538,020.00). ee accepts the bid of the Principal Said requirement contract shall and the Principal fails to enter into SURETY COMPANY ADDRESS: further provide that the Contractor a proper contract in accordance shall furnish the remainder of the with the bid, plans, details, specifi- ______City’s requirements for such goods cations, and bills of material; and Street and/or services, whether more or in the event the Principal pays to less than said estimated quantity, as the Obligee the difference not to ______may be ordered under subsequent exceed ten percent of the penalty City State ZIP requisitions separately certified hereof between the amount speci- against said contract. fied in the bid and such larger SURETY AGENT’S ADDRESS: Be it further resolved by the amount for which the Obligee may Board of Control of the City of in good faith contract with the next ______Cleveland that the employment of lowest and best bidder to perform Agency Name the following subcontractor by Val- the work covered by the bid; or in ley Ford Truck Sales, Inc. for the- the event the Obligee does not ______Street above mentioned purchase is hereby award the contract to the next low- approved: est and best bidder and resubmits the project for bidding, the Princi- ______Logical Services, Inc. pal will pay the Obligee the differ- City State ZIP MBE — $850.00 per unit ence not to exceed ten percent of the penalty hereof between the “Exhibit A” Yeas: Acting Mayor and Acting amount specified in the bid, or the Director Horvath, Director Baker, costs in connection with the resub- RESOLUTION Acting Directors Brown, Konicek, mission, of printing new contract Director Ricchiuto, Acting Director documents, required advertising, Res. No. 292-02. Carroll, Director Draper, Acting and printing and mailing notices to By Councilman O’Malley (by re- Director Saikaly, Directors Hudecek, prospective bidders, whichever is quest). Romero and Warren. less, then this obligation shall be An emergency resolution declar- Nays: None. void, otherwise to remain in full ing the intention to vacate a portion Absent: Directors Fumich and Tay- force and effect. If the Obligee of Concord Court S.W. lo r . 831 20 The City Record April 24, 2002

Resolution No. 196-02. Said requirement contract shall basis of the order quantity would By Acting Director Brown. further provide that the Contractor amount to $34,267.00 (2%, 30 Days), Be it resolved by the Board of will furnish the remainder of the is hereby approved as the lowest Control of the City of Cleveland that requirement for such commodities, and best bid, and the Director of the bid of Cooper Power Systems for whether more or less than said esti- Public Utilities is hereby requested an estimated quantity of High Volt- mated quantity, as may be ordered to enter into contract for such age Switching Equipment item nos. under subsequent requisitions sepa- items, which contract, together with 1 thru 21, for the Division of Cleve- rately certified against said con- all other contracts entered into pur- land Public Power, Department of tract. suant to the above-mentioned ordi- Public Utilities, for a period of two Yeas: Acting Mayor and Acting nance, shall not exceed a total of (2) years beginning with the date Director Horvath, Director Baker, $ 3 0 0 , 0 0 0 . 0 0 . of execution of a contract, received Acting Directors Brown, Konicek, Yeas: Acting Mayor and Acting on January 9, 2002, pursuant to the Director Ricchiuto, Acting Director Director Horvath, Director Baker, authority of Section 129.26 of the Carroll, Director Draper, Acting Acting Directors Brown, Konicek, Codified Ordinances of Cleveland, Director Saikaly, Directors Hudecek, Director Ricchiuto, Acting Director Ohio 1976, which on the basis of the Romero and Warren. Carroll, Director Draper, Acting estimated quantity would amount to Nays: None. Director Saikaly, Directors Hudecek, Seven Hundred Thirteen Thousand Absent: Directors Fumich and Tay- Romero and Warren. Three Hundred Twenty Eight and lo r . Nays: None. 90/100 Dollars ($713,328.90) (Net 30 Absent: Directors Fumich and Tay- Days), is hereby affirmed and ap- Resolution No. 198-02. lo r . proved as the lowest and best bid, By Acting Director Brown. and the Director of Public Utilities Be it resolved by the Board of Resolution No. 200-02. is hereby requested to enter into Control of the City of Cleveland By Acting Director Brown. requirement contract for such com- that the bid of Electric Laboratories Resolved by the Board of Control modities, which shall provide for the & Sales Corp. for an estimated quan- of the City of Cleveland that the immediate purchase as the initial tity of High Voltage Switching bid of Towlift, Inc. for the follow- amount of such contract of the fol- Equipment item nos. 27 thru 37, for ing: Vehicle Maintenance Equip- lowing: the Division of Cleveland Public ment, Group B, item nos. 36 and 37, Power, Department of Public Utili- for the Division of Cleveland Pub- Requisition No. 115989 ties, for a period of two (2) years lic Power, Department of Public which shall be certified against such beginning with the date of execu- Utilities, received on the 28th day contract in the sum of Seventy Thou- tion of a contract, received on Jan- of February 2002, pursuant to the sand Two Hundred Thirty Three and uary 9, 2002, pursuant to the author- authority of Ordinance No. 843-01, no/100 Dollars ($70,233.00). ity of Section 129.26 of the Codified passed June 11, 2001 which on the Said requirement contract shall Ordinances of Cleveland, Ohio 1976, basis of the order quantity would further provide that the Contractor which on the basis of the estimat- amount to $46,170.00 (Net 30 Days), will furnish the remainder of the ed quantity would amount to Two is hereby approved as the lowest requirement for such commodities, Hundred Twenty Nine Thousand and best bid, and the Director of whether more or less than said esti- Three Hundred Eighty Two and Public Utilities is hereby requested mated quantity, as may be ordered 40/100 Dollars ($229,382.40), (Net 30 to enter into contract for such under subsequent requisitions sepa- Days) is hereby affirmed and items, which contract, together rately certified against said con- approved as the lowest and best bid, with all other contracts entered tract. and the Director of Public Utilities into pursuant to the above-men- Yeas: Acting Mayor and Acting is hereby requested to enter into tioned ordinance, shall not exceed Director Horvath, Director Baker, requirement contract for such com- a total of $300,000.00. Acting Directors Brown, Konicek, modities, which shall provide for Yeas: Acting Mayor and Acting Director Ricchiuto, Acting Director the immediate purchase as the ini- Director Horvath, Director Baker, Carroll, Director Draper, Acting tial amount of such contract of the Acting Directors Brown, Konicek, Director Saikaly, Directors Hudecek, f o l l o w i n g : Director Ricchiuto, Acting Director Romero and Warren. Carroll, Director Draper, Acting Nays: None. Requisition No. 115988 Director Saikaly, Directors Hudecek, Absent: Directors Fumich and Tay- which shall be certified against such Romero and Warren. lo r . contract in the sum of Thirty Four Nays: None. Thousand Seven Hundred Fourteen Absent: Directors Fumich and Tay- Resolution No. 197-02. and 20/100 Dollars ($34,714.20). lo r . By Acting Director Brown. Said requirement contract shall Be it resolved by the Board of further provide that the Contractor Resolution No. 201-02. Control of the City of Cleveland that will furnish the remainder of the By Acting Director Brown. the bid of National Power X/Utilis- requirement for such commodities, Be it resolved, by the Board of erve, Inc. for an estimated quantity whether more or less than said esti- Control of the City of Cleveland that of High Voltage Switching Equip- mated quantity, as may be ordered the bid of Delta Plumbing, Inc. d.b.a. ment item nos. 22 thru 26, for the under subsequent requisitions sepa- Fox Construction & Equipment Co. Division of Cleveland Public Power, rately certified against said con- for the public improvement of East Department of Public Utilities, for a tract. 143rd St. Sewer Replacement (Base period of two (2) years beginning Yeas: Acting Mayor and Acting Bid Items including the 10% Con- with the date of execution of a con- Director Horvath, Director Baker, tingency) for the Division of Water tract, received on January 9, 2002, Acting Directors Brown, Konicek, Pollution Control, Department of pursuant to the authority of Section Director Ricchiuto, Acting Director Public Utilities, received on Febru- 129.26 of the Codified Ordinances of Carroll, Director Draper, Acting ary 7, 2002, pursuant to the author- Cleveland, Ohio 1976, which on the Director Saikaly, Directors Hudecek, ity of Ordinance No. 831-01, passed basis of the estimated quantity Romero and Warren. June 11, 2001, upon a unit basis for would amount to Forty One Thou- Nays: None. the improvement in the aggregate sand Seven Hundred Fifty One and Absent: Directors Fumich and Tay- amount of Four Hundred Thirty- 96/100 Dollars ($41,751.96) (Net 30 lo r . Three Thousand Two Hundred Thir- Days), is hereby affirmed and ap- teen and 00/100 Dollars proved as the lowest and best bid, Resolution No. 199-02. ($433,213.00), is hereby affirmed and and the Director of Public Utilities By Acting Director Brown. approved as the lowest responsible is hereby requested to enter into Resolved by the Board of Control bid; and the Director of Public Util- requirement contract for such com- of the City of Cleveland that the bid ities is hereby authorized to enter modities, which shall provide for the of Nozzlenew, Inc. for the following: into contract for said improvement immediate purchase as the initial Vehicle Maintenance Equipment, with said bidder. amount of such contract of the fol- Group C, item nos. 38 and 39 and Be it further resolved by the lowing: Group D, item nos. 40, 41, 42 and 43, Board of Control of the City of for the Division of Cleveland Pub- Cleveland that the employment of Requisition No. 115990 lic Power, Department of Public the following subcontractors by which shall be certified against Utilities, received on the 28th day of Delta Plumbing, Inc., d.b.a. Fox Con- such contract in the sum of Three February 2002, pursuant to the struction & Equipment Co. for the Thousand Thirteen and 83/100 Dol- authority of Ordinance No. 843-01, contract authorized herein is ap- lars ($3,013.83). passed June 11, 2001 which on the proved: 832 April 24, 2002 The City Record 21

Subcontractor beginning with the date of execu- Acting Directors Brown, Konicek, MBE/FBE Work tion of a contract, received on the Director Ricchiuto, Acting Director 21st of December, 2001, pursuant to Carroll, Director Draper, Acting Granger Trucking the authority of Ordinance No. 1012- Director Saikaly, Directors Hudecek, MBE $62,500.00 01, passed on June 19, 2001, which Romero and Warren. on the basis of the estimated quan- Absent: Directors Fumich and Tay- Barrow Signs tity would amount to Seventy Three lo r . FBE $750.00(1%) Thousand Five Hundred Forty Five and 00/100 Dollars ($73,545.00), is Resolution No. 205-02. Lewicki Trucking hereby affirmed and approved as By Acting Director Konicek. FBE $21,000.00 the lowest and best bid, and the Resolved, by the Board of Control Director of Port Control is hereby of the City of Cleveland that the bid Yeas: Acting Mayor and Acting requested to enter into a require- of A. W. Farrell & Son, Inc., for Director Horvath, Director Baker, ment contract for such labor and labor and materials necessary to Acting Directors Brown, Konicek, materials necessary, which shall replace, repair and/or restore exist- Director Ricchiuto, Acting Director provide for the immediate purchase ing roofing systems, for Items Nos. Carroll, Director Draper, Acting as the initial amount of such con- 2, 5, 8, 9, and 13, for the Division of Director Saikaly, Directors Hudecek, tract of the following: Cleveland Hopkins International Romero and Warren. Airport, Department of Port Control, Nays: None. Requisition No. 118139 for a period not to exceed two years Absent: Directors Fumich and Tay- which shall be certified against beginning with the date of execu- lo r . such contract in the sum of Seven- tion of a contract, received on the ty Three Thousand Five Hundred 21st of December, 2001, pursuant to Resolution No. 202-02. Forty Five and 00/100 Dollars the authority of Ordinance No. 1012- By Acting Director Konicek. ($73,545.00). 01, passed on June 19, 2001, which Resolved, by the Board of Control Said requirement contract shall on the basis of the estimated quan- of the City of Cleveland that the bid further provide that the Contractor tity would amount to Two Hundred of T & F Systems Inc., for labor and shall furnish the remainder of the Thirty Seven Thousand Two Hun- materials necessary to replace, re- City’s requirements for such labor dred Forty and 00/100 Dollars pair and/or restore existing roofing and materials, whether more or less ($237,240.00), is hereby affirmed and systems, Items Nos. 6, 7 and 10, for than said estimated quantity, as approved as the lowest and best bid, the Division of Cleveland Hopkins may be ordered under subsequent and the Director of Port Control is International Airport, Department of requisitions separately certified hereby requested to enter into a Port Control, for a period not to against said contract. requirement contract for such labor exceed two years beginning with Yeas: Acting Mayor and Acting and materials necessary, which the date of execution of a contract, Director Horvath, Director Baker, shall provide for the immediate pur- received on the 21st of December, Acting Directors Brown, Konicek, chase as the initial amount of such 2001, pursuant to the authority of Director Ricchiuto, Acting Director contract of the following: Ordinance No. 1012-01, passed on Carroll, Director Draper, Acting June 19, 2001, which on the basis of Director Saikaly, Directors Hudecek, Requisition No. 118141 the estimated quantity would Romero and Warren. which shall be certified against amount to Two Hundred Sixty Six Nays: None. such contract in the sum of Two Thousand Eight Hundred Ten and Absent: Directors Fumich and Tay- Hundred Thirty Seven Thousand 00/100 Dollars ($266,810.00), is here- lo r . Two Hundred Forty and 00/100 Dol- by affirmed and approved as the lars ($237,240.00). lowest and best bid, and the Direc- Resolution No. 204-02. Said requirement contract shall tor of Port Control is hereby By Acting Director Konicek. further provide that the Contractor requested to enter into a require- Resolved, by the Board of Control shall furnish the remainder of the ment contract for such labor and of the City of Cleveland that the bid City’s requirements for such labor materials necessary, which shall of Warren Roofing Systems, Inc., for and materials, whether more or less provide for the immediate purchase labor and materials necessary to than said estimated quantity, as as the initial amount of such con- replace, repair and/or restore exist- may be ordered under subsequent tract of the following: ing roofing systems, Item No. 12, for requisitions separately certified the Division of Cleveland Hopkins against said contract. Requisition No. 118137 International Airport, Department of Yeas: Acting Mayor and Acting which shall be certified against Port Control, for a period not to Director Horvath, Director Baker, such contract in the sum of Two exceed two years beginning with Acting Directors Brown, Konicek, Hundred Sixty Six Thousand Eight the date of execution of a contract, Director Ricchiuto, Acting Director Hundred Ten and 00/100 Dollars received on the 21st of December, Carroll, Director Draper, Acting ($266,810.00). 2001, pursuant to the authority of Director Saikaly, Directors Hudecek, Said requirement contract shall Ordinance No. 1012-01, passed on Romero and Warren. further provide that the Contractor June 19, 2001, which on the basis of Nays: None. shall furnish the remainder of the the estimated quantity would Absent: Directors Fumich and Tay- City’s requirements for such labor amount to Sixty Two Thousand Five lo r . and materials, whether more or less Hundred and 00/100 Dollars than said estimated quantity, as ($62,500.00), is hereby affirmed and Resolution No. 206-02. may be ordered under subsequent approved as the lowest and best bid, By Acting Director Konicek. requisitions separately certified and the Director of Port Control is Resolved, by the Board of Control against said contract. hereby requested to enter into a of the City of Cleveland that the bid Yeas: None. requirement contract for such labor of Hal Jones Construction Co., for Nays: Acting Mayor and Acting and materials necessary, which labor and materials necessary to Director Horvath, Director Baker, shall provide for the immediate pur- replace, repair and/or restore exist- Acting Directors Brown, Konicek, chase as the initial amount of such ing roofing systems for Item No. 11, Director Ricchiuto, Acting Director contract of the following: for the Division of Cleveland Hop- Carroll, Director Draper, Acting kins International Airport, Depart- Director Saikaly, Directors Hudecek, Requisition No. 118138 ment of Port Control, for a period Romero and Warren. which shall be certified against not to exceed two years beginning Absent: Directors Fumich and Tay- such contract in the sum of Sixty with the date of execution of a con- lo r . Two Thousand Five Hundred and tract, received on the 21st of Decem- 00/100 Dollars ($62,500.00). ber, 2001, pursuant to the authority Resolution No. 203-02. Said requirement contract shall of Ordinance No. 1012-01, passed on By Acting Director Konicek. further provide that the Contractor June 19, 2001, which on the basis of Resolved, by the Board of Control shall furnish the remainder of the the estimated quantity would of the City of Cleveland that the bid City’s requirements for such labor amount to One Hundred Twenty One of West Roofing Systems Inc., for and materials, whether more or less Thousand Nine Hundred Fifty and labor and materials necessary to than said estimated quantity, as 00/100 Dollars ($121,950.00), is here- replace, repair and/or restore exist- may be ordered under subsequent by affirmed and approved as the ing roofing systems, including alter- requisitions separately certified lowest and best bid, and the Direc- nates 1, 3, and 4, for the Division of against said contract. tor of Port Control is hereby Cleveland Hopkins International Yeas: None. requested to enter into a require- Airport, Department of Port Control, Nays: Acting Mayor and Acting ment contract for such labor and for a period not to exceed two years Director Horvath, Director Baker, materials necessary, which shall 833 22 The City Record April 24, 2002 provide for the immediate purchase Resolution No. 209-02. City’s requirements for such goods as the initial amount of such con- By Director Ricchiuto. and/or services, whether more or tract of the following: Be it resolved, by the Board of less than said estimated quantity, as Control of the City of Cleveland that may be ordered under subsequent Requisition No. 118140 the bid of Advanced Auto Glass, Inc. requisitions separately certified which shall be certified against for an estimated quantity of against said contract and which, such contract in the sum of One auto/truck glass repair (all items), together with all other contracts Hundred Twenty One Thousand for the Division of Motor Vehicle entered into pursuant to the above Nine Hundred Fifty and 00/100 Dol- Maintenance, Department of Public mentioned ordinance, does not in lars ($121,950.00). Service, for the period of one (1) total exceed $200,000.00. Said requirement contract shall year beginning with the date of exe- Yeas: Acting Mayor and Acting further provide that the Contractor cution of a contract, received on Director Horvath, Director Baker, shall furnish the remainder of the February 7, 2002, pursuant to the Acting Directors Brown, Konicek, City’s requirements for such labor authority of Ordinance No. 360-01, Director Ricchiuto, Acting Director and materials, whether more or less passed by the Council of the City of Carroll, Director Draper, Acting than said estimated quantity, as Cleveland on April 9, 2001, which on Director Saikaly, Directors Hudecek, may be ordered under subsequent the basis of the estimated quantity Romero and Warren. requisitions separately certified would amount to Fifty Three Thou- Nays: None. against said contract. sand and 81/100 Dollars ($53,000.81) Absent: Directors Fumich and Tay- Yeas: Acting Mayor and Acting (2%, 10 Days, Net 30), is hereby lo r . Director Horvath, Director Baker, affirmed and approved as the low- Acting Directors Brown, Konicek, est and best bid, and the Director of Resolution No. 211-02. Director Ricchiuto, Acting Director Public Service is hereby requested By Director Ricchiuto. Carroll, Director Draper, Acting to enter into a requirement contract Be it resolved, by the Board of Director Saikaly, Directors Hudecek, for such goods and/or services, Control of the City of Cleveland that Romero and Warren. which shall provide for the immedi- the bid of Southeastern Equipment Nays: None. ate purchase as the initial amount Co., Inc. for an estimated quantity Absent: Directors Fumich and Tay- of such contract of the following: of Case equipment parts and labor lo r . (Item 2), for the Division of Motor Requisition No. 105768 Vehicle Maintenance, Department of Resolution No. 207-02. which shall be certified against Public Service, for the period of one By Acting Director Konicek. such contract in the sum of Sixteen (1) year beginning with the date of Whereas, Board of Control Reso- Thousand and no/100 Dollars execution of a contract, received on lution No. 105-02, adopted March 6, (16,000.00). February 13, 2002, pursuant to the 2002, authorized the Director of Port Said requirement contract shall authority of Ordinance No. 372-01 Control to enter into contract with further provide that the Contractor passed by the Council of the City of Woodhill Supply Co. for the purpose shall furnish the remainder of the Cleveland on April 9, 2001, which on of purchasing labor and materials City’s requirements for such goods the basis of the estimated quantity necessary to maintain the plumbing and/or services, whether more or would amount to Ninety Five Thou- systems for the various divisions of less than said estimated quantity, as sand and no/100 Dollars ($95,000.00), Cleveland Hopkins International may be ordered under subsequent (Net) is hereby affirmed and ap- Airport and Burke Lakefront Air- requisitions separately certified proved as the lowest and best bid, port; and against said contract and which and the Director of Public Service is Whereas, said resolution incor- does not in total exceed $85,000.00. hereby requested to enter into a rectly stated the authorizing ordi- Yeas: Acting Mayor and Acting requirement contract for such goods nance passage date as July 19, 2001; Director Horvath, Director Baker, and/or services, which shall provide now, therefore, Acting Directors Brown, Konicek, for the immediate purchase as the Be it resolved by the Board of Con- Director Ricchiuto, Acting Director initial amount of such contract of trol of the City of Cleveland that Carroll, Director Draper, Acting the following: Resolution No. 105-02, is hereby Director Saikaly, Directors Hudecek, amended by correcting the ordinance Romero and Warren. Requisition No. 105772 passage date from July 19, 2001 to Nays: None. which shall be certified against June 19, 2001, where appearing. Absent: Directors Fumich and Tay- such contract in the sum of Ninety Be it further resolved that all lo r . Five Thousand and no/100 Dollars terms of said Resolution No. 105-02 ($95,000.00). not expressly amended hereby shall Resolution No. 210-02. Said requirement contract shall remain unchanged and in full force By Director Ricchiuto. further provide that the Contractor and effect. Be it resolved, by the Board of shall furnish the remainder of the Yeas: Acting Mayor and Acting Control of the City of Cleveland that City’s requirements for such goods Director Horvath, Director Baker, the bid of Columbus Equipment Co. and/or services, whether more or Acting Directors Brown, Konicek, for an estimated quantity of Blaw less than said estimated quantity, as Director Ricchiuto, Acting Director Knox paver parts and labor (Item may be ordered under subsequent Carroll, Director Draper, Acting 1), for the Division of Motor Vehi- requisitions separately certified Director Saikaly, Directors Hudecek, cle Maintenance, Department of Pub- against said contract and which, Romero and Warren. lic Service, for the period of one (1) together with all other contracts Nays: None. year beginning with the date of exe- entered into pursuant to the above Absent: Directors Fumich and Tay- cution of a contract, received on mentioned ordinance, does not in lo r . February 13, 2002, pursuant to the total exceed $200,000.00. authority of Ordinance No. 372-01 Yeas: Acting Mayor and Acting Resolution No. 208-02. passed by the Council of the City of Director Horvath, Director Baker, By Director Ricchiuto. Cleveland on April 9, 2001, which on Acting Directors Brown, Konicek, Resolved by the Board of Control the basis of the estimated quantity Director Ricchiuto, Acting Director of the City of Cleveland that all bids would amount to Fifty Thousand Carroll, Director Draper, Acting received on February 14, 2001, for and no/100 Dollars ($50,000.00), (Net Director Saikaly, Directors Hudecek, the purchase Aluminum Traffic 30 Days) is hereby affirmed and Romero and Warren. Signs and Blanks, for the Division approved as the lowest and best bid, Nays: None. of Traffic Engineering, Department and the Director of Public Service is Absent: Directors Fumich and Tay- of Public Service, pursuant to the hereby requested to enter into a lo r . authority of Ordinance No. 2082-01, requirement contract for such goods passed by the Council of the City of and/or services, which shall provide Resolution No. 212-02. Cleveland on December 10, 2001, be for the immediate purchase as the By Acting Director Glending. and the same are hereby rejected. initial amount of such contract of Resolved, by the Board of Control Yeas: Acting Mayor and Acting the following: of the City of Cleveland that the bid Director Horvath, Director Baker, of The House of LaRose Cleveland, Acting Directors Brown, Konicek, Requisition No. 105771 Inc., for an estimated quantity of Director Ricchiuto, Acting Director which shall be certified against beverage items (beer), items no. 2 Carroll, Director Draper, Acting such contract in the sum of Fifty for the Division of Recreation, Director Saikaly, Directors Hudecek, Thousand and no/100 Dollars Department of Parks, Recreation Romero and Warren. ($50,000.00). and Properties, for the period of two Nays: None. Said requirement contract shall (2) years beginning with the date Absent: Directors Fumich and Tay- further provide that the Contractor of execution of a contract, received lo r . shall furnish the remainder of the on the 27th day of March 2002, pur- 834 April 24, 2002 The City Record 23 suant to the authority of Ordinance 1976, the Commissioner of Purchas- the provision of Chapter 5722 of the No. 81-01, passed April 9th 2001, es and Supplies is authorized, when Ohio Revised Code; and which on the basis of the estimated directed by the Director of Commu- Whereas, City has acquired Per- quantity would amount to Twenty nity Development, and the Mayor is manent Parcel No. 017-01-056 under Four Thousand Two Hundred and hereby requested to execute an Offi- said Land Reutilization Program; 00/100 Dollars ($24,200.00), is hereby cial Deed for and on behalf of the and affirmed and approved as the low- City of Cleveland, with Louise D. Whereas, Ordinance No. 1178-01, est and best bid, and the Director of Crutchfield for the sale and devel- passed June 11, 2001, authorized the Parks, Recreation and Properties is opment of Permanent Parcel Nos. sale of said parcel for a considera- hereby requested to enter into 110-15-208 and 110-15-047 located at tion established by the Board of requirement contract for such com- 767-769 East 131st Street, in accor- Control at not less than the Fair modities, which shall provide for the dance with the Land Reutilization Market Value; and immediate purchase as the initial Program in such manner as best car- Whereas, Mathile Saad has pro- amount of such contract of the fol- ries out the intent of said program. posed to the City to purchase and lowing: Be it further resolved that the con- develop said parcel; now, therefore, sideration for said parcel shall be Be it resolved by the Board of Requisition No. 118380 $1.00 each, which amount is hereby Control of the City of Cleveland that which shall be certified against such determined to be not less than the pursuant to the authorization of contract in the sum of Six Thousand Fair Market value of said parcel for Ordinance No. 1178-01, passed June and 00/100 Dollars ($6,000.00), uses in accordance with said Pro- 11, 2001, by the Cleveland City Coun- gram. cil, the Mayor is hereby authorized Requisition No. 118381 Yeas: Acting Mayor and Acting to execute an official deed for and which shall be certified against such Director Horvath, Director Baker, on behalf of the City of Cleveland contract in the sum of Six Thousand Acting Directors Brown, Konicek, with Mathile Saad for the sale and One Hundred and 00/100 Dollars Director Draper, Acting Director development of Permanent Parcel ($6,100.00). Saikaly, Directors Hudecek, Romero No. 017-01-056, as described in said Said requirement contract shall and Warren. Ordinance in accordance with the further provide that the Contractor Nays: None. Land Reutilization Program in such will furnish the remainder of the Absent: Directors Ricchiuto, Fumich, manner as best carries out the requirement for such commodities Taylor and Acting Director Carroll. intent of said program. whether more or less than said esti- Be it further resolved that the con- mated quantity, as may be ordered Resolution No. 214-02. sideration for said parcel shall be under subsequent requisitions sepa- By Director Hudecek. $700.00, which amount is hereby rately certified against said contract Whereas, pursuant to Ordinance determined to be not less than the and which together with all other No. 2076-76 passed October 25, 1976, fair market value of said parcel for contracts entered into pursuant to the City is conducting a Land Reuti- uses in accordance with the Land the above-mentioned ordinance shall lization Program in accordance with Reutilization Program. not exceed in total $425,000.00. the provision of Chapter 5722 of the Yeas: Acting Mayor and Acting Yeas: Acting Mayor and Acting Ohio Revised Code; and Director Horvath, Director Baker, Director Horvath, Director Baker, Whereas, City has acquired Per- Acting Directors Brown, Konicek, Acting Directors Brown, Konicek, manent Parcel No. 118-30-038 under Director Draper, Acting Director Director Draper, Acting Director said Land Reutilization Program; Saikaly, Directors Hudecek, Romero Saikaly, Directors Hudecek, Romero and and Warren. and Warren. Whereas, Ordinance No. 1734-01, Nays: None. Nays: None. passed November 26, 2001, autho- Absent: Directors Ricchiuto, Fumich, Absent: Directors Ricchiuto, Fumich, rized the sale of said parcel for a Taylor and Acting Director Carroll. Taylor and Acting Director Carroll. consideration established by the Board of Control at not less than the Resolution No. 216-02. Resolution No. 213-02. Fair Market Value; and By Director Warren. By Director Hudecek. Whereas, Progressive Baptist Church Be it resolved by the Board of Whereas, pursuant to Ordinance has proposed to the City to purchase Control of the City of Cleveland No. 2076-76 passed October 25, 1976, and develop said parcel; now, there- that, Resolution Number 137-01, the City is conducting a Land Reuti- fore, adopted March 7, 2001, directing the lization Program (“Program”) in Be it resolved by the Board of Commissioner of Purchases and Sup- accordance with the provisions of Control of the City of Cleveland that plies to sell certain City-owned land Chapter 5722 of the Ohio Revised pursuant to the authorization of to Nisman-Rozgonyi Enterprises Code; and Ordinance No. 1734-01, passed LLC, is hereby amended by deleting Whereas, under said Program, the November 26, 2001, by the Cleveland “One Hundred and Twenty Four City has acquired Permanent Parcel City Council, the Mayor is hereby Thousand and Five Hundred Sixty- Nos. 110-15-208 and 110-15-047 located authorized to execute an official Two Dollars and Fifty Cents at 767-769 East 131st Street in Ward deed for and on behalf of the City ($124,562.50)” and inserting in lieu 10; and of Cleveland with Progressive Bap- thereof “Twenty Four Thousand, Whereas, Section 183.021 of the tist Church for the sale and devel- Nine Hundred Twelve Dollars and Codified Ordinances of Cleveland, opment of Permanent Parcel No. 118- Fifty Cents ($24,912.50).” Ohio 1976 authorizes the Commis- 30-038, as described in said Ordi- Be it further resolved that all sioner of Purchases and Supplies, nance in accordance with the Land other provisions of said Resolution when directed by the Director of Reutilization Program in such man- Number 137-01 not expressly amend- Community Development and when ner as best carries out the intent of ed hereby shall remain unchanged certain specified conditions have said program. and in full force and effect. been met, to sell Land Reutilization Be it further resolved that the con- Yeas: Acting Mayor and Acting Program parcels to adjacent or abut- sideration for said parcel shall be Director Horvath, Director Baker, ting landowners; and $100.00, which amount is hereby Acting Directors Brown, Konicek, Whereas, Louise D. Crutchfield, determined to be not less than the Director Draper, Acting Director abutting/adjacent landowner, has fair market value of said parcel for Saikaly, Directors Hudecek, Romero proposed to the City to purchase and uses in accordance with the Land and Warren. develop said parcel; and Reutilization Program. Nays: None. Whereas, the following conditions Yeas: Acting Mayor and Acting Absent: Directors Ricchiuto, Fumich, exist: Director Horvath, Director Baker, Taylor and Acting Director Carroll. 1. The member of Council from Acting Directors Brown, Konicek, Ward 10 has consented to the pro- Director Draper, Acting Director Resolution No. 217-02. posed sale; Saikaly, Directors Hudecek, Romero By Acting Director Konicek. 2. The parcel is either less than and Warren. Resolved, by the Board of Control 4,800 square feet or less than 40 feet Nays: None. of the City of Cleveland that the frontage; Absent: Directors Ricchiuto, Fumich, bid of The Osterland Company, for 3. The proposed purchaser of said Taylor and Acting Director Carroll. asphalt, concrete and tack coat, parcel is neither tax delinquent nor including labor and materials nec- in violation of the Building and Resolution No. 215-02. essary for the delivery, spreading Housing Code; now, therefore, By Director Hudecek. and compacting to repair roadways Be it resolved by the Board of Whereas, pursuant to Ordinance and runways, for the Divisions of Control of the City of Cleveland that No. 2076-76 passed October 25, 1976, Burke Lakefront Airport and Cleve- pursuant to Section 183.021 of Codi- the City is conducting a Land Reuti- land Hopkins International Airport, fied Ordinances of Cleveland, Ohio lization Program in accordance with Department of Port Control, for a 835 24 The City Record April 24, 2002 period not to exceed one year Requisition No. 118137 Subcontractor beginning with the date of execu- which shall be certified against MBE/FBE Amount tion of a contract, received on the such contract in the sum of Two 5th of April, 2002, pursuant to the Hundred Sixty Six Thousand Eight Steward Supply authority of Ordinance No. 2022-01, Hundred Ten and 00/100 Dollars 4% $2,500.00 passed on March 4, 2002, which on ($266,810.00). the basis of the estimated quantity Said requirement contract shall Yeas: Acting Mayor and Acting would amount to Two Hundred further provide that the Contractor Director Horvath, Director Baker, Thirty Three Thousand Four Hun- shall furnish the remainder of the Acting Directors Brown, Konicek, dred and 00/100 Dollars City’s requirements for such labor Directors Ricchiuto, Draper, Acting ($233,400.00), is hereby affirmed and materials, whether more or less Director Saikaly, Directors Hudecek, and approved as the lowest and than said estimated quantity, as Romero and Warren. best bidder, and the Director of may be ordered under subsequent Nays: None. Port Control is hereby requested to requisitions separately certified Absent: Directors Fumich, Taylor enter into a requirement contract against said contract. and Acting Director Carroll. for such labor and materials neces- Be it further resolved by the sary, which shall provide for the Board of Control that the employ- Resolution No. 220-02. immediate purchase as the initial ment of the following subcontrac- By Acting Director Glending. amount of such contract of the fol- tors by T&F Systems, Inc. for the Resolved, by the Board of Control lowing: above-mentioned contract is hereby of the City of Cleveland that the bid approved: of Lesco, Inc. for an estimated quan- Requisition No. 118227 tity of various fertilizers, pesticides which shall be certified against Subcontractor and seed (items 1, 3, 4, 6, 9, 11, 12, such contract in the sum of One MBE/FBE Amount 13, 16, 17, 18, 19, 20, 25, 27, 28, 29, 31, Hundred Thousand and 00/100 Dol- 32) for the Division of Recreation, lars ($100,000.00). Faison & Pinson Department of Parks, Recreation Said requirement contract shall 15% $40,000.00 and Properties, for the period of one further provide that the Contractor (1) year beginning with the date of shall furnish the remainder of the Burkshire Construction execution of a contract, received on City’s requirements for such goods 5% $13,500.00 the 20th day of March 2002, pursuant and/or services, whether more or to the authority of Ordinance No. 81- less than said estimated quantity, as Yeas: Acting Mayor and Acting 01, passed April 9, 2001, which on may be ordered under subsequent Director Horvath, Director Baker, the basis of the estimated quantity requisitions separately certified Acting Directors Brown, Konicek, would amount to Twenty Eight against said contract. Directors Ricchiuto, Draper, Acting Thousand and 00/100 Dollars Be it further resolved by the Director Saikaly, Directors Hudecek, ($28,000.00), is hereby affirmed and Board of Control that the following Romero and Warren. approved as the lowest and best bid, subcontractors for The Osterland Nays: None. and the Director of Parks, Recre- Company are hereby approved: Absent: Directors Fumich, Taylor ation and Properties is hereby and Acting Director Carroll. requested to enter into requirement Subcontractors contract for such commodities, MBE/FBE Amount Resolution No. 219-02. which shall provide for the immedi- By Acting Director Konicek. ate purchase as the initial amount Friedel Trucking Inc. Resolved, by the Board of Control of such contract of the following: 6% $11,800.00 of the City of Cleveland that the bid of Warren Roofing Systems, Requisition No. 118382 Cook Paving & Inc., for labor and materials neces- which shall be certified against such Construction sary to replace, repair and/or contract in the sum of Fourteen 16% $35,450.00 restore existing roofing systems, Thousand One Hundred and 00/100 Item No. 12, for the Division of Dollars ($14,100.00), Yeas: Acting Mayor and Acting Cleveland Hopkins International Director Horvath, Director Baker, Airport, Department of Port Con- Requisition No. 118385 Acting Directors Brown, Konicek, trol, for a period not to exceed two which shall be certified against such Director Ricchiuto, Director Draper, years beginning with the date of contract in the sum of Thirteen execution of a contract, received on Thousand One Hundred and 00/100 Acting Director Saikaly, Directors the 21st of December, 2001, pur- Dollars ($13,100.00). Hudecek, Romero and Warren. suant to the authority of Ordinance Said requirement contract shall Nays: None. No. 1012-01, passed on June 19, 2001, further provide that the Contractor Absent: Directors Fumich, Taylor which on the basis of the estimat- will furnish the remainder of the and Acting Director Carroll. ed quantity would amount to Sixty requirement for such commodities Two Thousand Five Hundred and whether more or less than said Resolution No. 218-02. 00/100 Dollars ($62,500.00), is here- estimated quantity, as may be By Acting Director Konick. by affirmed and approved as the ordered under subsequent requisi- Resolved, by the Board of Control lowest and best bid, and the Direc- tions separately certified against of the City of Cleveland that the tor of Port Control is hereby said contract and which together bid of T & F Systems Inc., for labor requested to enter into a require- with all other contracts entered into and materials necessary to replace, ment contract for such labor and pursuant to the above-mentioned repair and/or restore existing roof- materials necessary, which shall ordinance shall not exceed in total ing systems, Items Nos. 6, 7 and 10, provide for the immediate purchase $425,000.00. for the Division of Cleveland Hop- as the initial amount of such con- Yeas: Acting Mayor and Acting kins International Airport, Depart- tract of the following: Director Horvath, Director Baker, ment of Port Control, for a period Acting Directors Brown, Konicek, not to exceed two years beginning Requisition No. 118138 Director Draper, Acting Director with the date of execution of a con- which shall be certified against Saikaly, Directors Hudecek, Romero tract, received on the 21st of such contract in the sum of Sixty and Warren. December, 2001, pursuant to the Two Thousand Five Hundred and Nays: None. authority of Ordinance No. 1012-01, 00/100 Dollars ($62,500.00). Absent: Directors Ricchiuto, Fumich, passed on June 19, 2001, which on Said requirement contract shall Taylor and Acting Director Carroll. the basis of the estimated quantity further provide that the Contractor would amount to Two Hundred shall furnish the remainder of the Resolution No. 221-02. Sixty Six Thousand Eight Hundred City’s requirements for such labor By Acting Director Glending. Ten and 00/100 Dollars and materials, whether more or less Resolved, by the Board of Control ($266,810.00), is hereby affirmed than said estimated quantity, as of the City of Cleveland that the bid and approved as the lowest and may be ordered under subsequent of Turfgrass, Inc. for an estimated best bid, and the Director of Port requisitions separately certified quantity of various fertilizers, pes- Control is hereby requested to enter against said contract. ticides and seed (items 2, 7, 8, 10, into a requirement contract for Be it further resolved by the 14, 15, 21, 22, 23, 24, 26, 30) for the such labor and materials necessary, Board of Control that the employ- Division of Recreation, Department which shall provide for the imme- ment of the following subcontrac- of Parks, Recreation and Properties, diate purchase as the initial tors by Warren Roofing Systems, for the period of one (1) year begin- amount of such contract of the fol- Inc. for the above-mentioned con- ning with the date of execution of l o w i n g : tract is hereby approved: a contract, received on the 20th day 836 April 24, 2002 The City Record 25 of March 2002, pursuant to the SCHEDULE OF THE BOARD Calendar No. 02-69: 2602 Bridge authority of Ordinance No. 81-01, OF ZONING APPEALS Avenue (Ward 13) passed April 9, 2001, which on the Hallie Incorporated, owners c/o basis of the estimated quantity Miriam Colen, agent, appeal to con- would amount to Thirty Seven Thou- MONDAY, MAY 6, 2002 struct a 26' x 37' single family, 2 sand and 00/100 Dollars ($37,000.00), 9:30 A.M. 1/2-story frame dwelling unit (unit is hereby affirmed and approved as “A”) with a 20' x 21' attached the lowest and best bid, and the Calendar No. 02-22: 3311 West 63rd garage below the first floor all sit- Director of Parks, Recreation and Street (Ward 17) uated on a 38' x 46' parcel located Properties is hereby requested to Antonio Millet, owner, appeals to in a General Retail Business Dis- enter into requirement contract for change the use of an existing trict on the north side of Bridge such commodities, which shall pro- approximate 70' x 125' one-story Avenue at 2602 Bridge Avenue; said vide for the immediate purchase as “‘L” shaped packaging building into construction being contrary to the the initial amount of such contract an auto repair shop, all situated on Area Requirements of Section of the following: a 35' x 125' parcel located in a 355.04(b), where the maximum gross Semi-Industry District on the east floor area allowed is 874 sq. ft. and Requisition No. 118383 side of West 63rd Street at 3311 3,120 sq. ft. is proposed and contrary which shall be certified against West 63rd Street; said change of use to the Yards and Courts Require- such contract in the sum of Four- being contrary to the Industrial Dis- ments of Section 35708(2)(b)(1), teen Thousand Five Hundred and trict Requirements of Section 345.03, where a 20' rear yard setback is 00/100 Dollars ($14,500.00), where auto repair is first permitted required and 0' is proposed and Sec- in a Semi-Industry District if 100' tion 357.04, where a 6'9" front yard Requisition No. 118384 from a Residential District and con- setback is required and 5' is pro- which shall be certified against trary to the Landscaping and posed and Section 357.09, where a such contract in the sum of Twenty Screening Requirements, where no side yard setback aggregate of 10' Two Thousand Three Hundred and frontage strip is proposed and a 6' is required and 0' is proposed and 00/100 Dollars ($22,300.00). wide frontage strip is required as contrary to the Fence Requirements, Said requirement contract shall stated in Section 352.10(2) of the where a 6' high fence is proposed further provide that the Contractor Codified Ordinances. and 3' is allowed being that no will furnish the remainder of the fence shall be higher than its dis- requirement for such commodities Calendar No. 02-67: 1826 West 26th tance from a residence building on whether more or less than said esti- Street (Ward 13) an adjoining lot as stated in Section mated quantity, as may be ordered 358.04(a) of the Codified Ordinances. under subsequent requisitions sepa- Hallie Incorporated, owners c/o rately certified against said contract Miriam Colen, agent, appeal to con- struct a 26' x 37' single family, 2 Calendar No. 02-70: Appeal of Wen- and which together with all other dell Kemerer, 15715 School contracts entered into pursuant to 1/2-story frame dwelling unit (unit “C”) with a 19' x 20' attached Avenue (Ward 11) the above mentioned ordinance shall Wendell Kemerer, owner, appeals not exceed in total $425,000.00. garage below the first floor, all sit- uated on a 26' x 38' parcel located under the authority of Sections Yeas: Acting Mayor and Acting 329.03 and 367.09, where the appel- Director Horvath, Director Baker, in a General Retail Business Dis- lant has the right to appeal to the Acting Directors Brown, Konicek, trict on the west side of West 26th Board of Zoning Appeals from a Vio- Director Draper, Acting Director Street at 1826 West 26th Street; said lation Notice issued February 15, Saikaly, Directors Hudecek, Romero construction being contrary to the 2002 by the Division of Building and and Warren. Area Requirements of Section Housing, Department of Community Nays: None. 355.04(b), where the maximum gross Development; said violation being Absent: Directors Ricchiuto, Fumich, floor area allowed is 874 sq. ft. and issued under the authority of the Taylor and Acting Director Carroll. 2,100 sq. ft. is proposed and contrary to the Yards and Courts Require- Yards and Courts Requirements, JEFFREY B. MARKS, ments of Section 357.08(2)(b)(1), where the hedges in the front yard Secretary where a 20' rear yard setback is exceed the required 54" allowed as required and 0' is proposed and Sec- stated in Section 357.13(b)(3) of the tion 357.04, where a 5'-7" front yard Codified Ordinances. CIVIL SERVICE NOTICES setback is required and 0.40" is pro- ______posed and a side yard setback Calendar No. 02-71: 3914 Cypress aggregate of 0' is proposed and 10' Avenue (Ward 16) General Information is required as stated in Section Theodore Harrah, owner, appeals 357.09 of the Codified Ordinances. to construct a 21' diameter swim- Application blanks and informa- ming pool and a 16' x 37' irregular tion, regarding minimum entrance Calendar No. 02-68: 1830 West 26th shaped wooden deck to the rear of qualifications, scope of examination, Street (Ward 13) an existing approximate 24' x 24' and suggested reference materials Hallie Incorporated, owner c/o two-story single family house, all may be obtained at the office of the Miriam Colen, agent, appeal to con- situated on a 50' x 120' parcel locat- Civil Service Commission, Room 119, struct a 34'-8" x 35'-9" single fami- ed in a One-Family District on the City Hall, East 6th Street, and Lake- ly, 2 1/2-story, frame dwelling unit north side of Cypress Avenue at side Avenue. (unit “B”), with a 20' x 21' attached 3914 Cypress Avenue; said construc- Application blanks must be prop- garage below the first floor all sit- tion being contrary to the Yards and erly filled out on the official form uated on a 36' x 38' parcel located Courts Requirements, where an inte- prescribed by the Civil Service Com- in a General Retail Business Dis- rior side yard of 1-4 1/4" is proposed mission and filed at the office of the trict on the west side of West 26th and 3' is required as stated in Sec- commission not later than the final Street at 1830 West 26th Street; said tion 357.09(2)(b) of the Codified closing date slated in the examina- construction being contrary to the Ordinances. tion announcement. Area Requirements of Section EXAMINATION RESULTS: Each 355.04(b), where the maximum gross Calendar No. 02-72: 15725 Lorain applicant whether passing or failing floor area allowed is 677 sq. ft. and Avenue (Ward 21) will be notified of the results of the 3,132 sq. ft. is proposed and contrary Seven Seas, owner c/o Bob Dudik, examination as soon as the com- to the Yards and Courts Require- agent, appeals to construct a 14' x mission has graded the papers. ments of Section 357.08(2)(b)(1), 40' one-story, masonry storage Thereafter, eligible lists will be where a 20' rear yard setback is building to the rear of an existing established which will consist of the required and 10' is proposed and one and two-story store and names of those candidates who have Section 357.04, where a 5'-7" front dwelling unit building, all situated been successful in all parts of the yard setback is required and 0.40" is on an approximate 45' x 126' corner examination. proposed and Section 357.09, where a parcel located in a General Retail PHYSICAL EXAMINATION: All side yard setback aggregate of 10' Business District on the southeast candidates for original entrance is required and 0' is proposed and corner of West 158th Street and positions who are successful in contrary to the Fence Requirements, Lorain Avenue at 15725 Lorain other parts of the examinations where a 6' high fence is proposed Avenue; said change of use being must submit to a physical examina- and 3' is allowed being that no contrary to the Off-Street Parking tion. fence shall be higher than its dis- and Loading Requirements of Sec- tance from a residence building on tion 349.07(c), where accessibility ANNE BLOOMBERG, an adjoining lot as stated in Section shall be so located and arranged to President 358.04(a) of the Codified Ordinances. minimize traffic congestion and the 837 26 The City Record April 24, 2002 required maximum width of the dri- The following appeals were Post- PUBLIC NOTICE veway is 30' and contrary to the poned: Landscaping and Screening Require- ments, where an 8' transition strip Calendar No. 02-49: 1605 East 66th NONE is required in the rear where the Street postponed to June 10, property in question abuts the Res- 2 0 0 2 . idential District as stated in Sec- NOTICE OF PUBLIC HEARING tions 352.08, 352.09, 352.10 and 352.11 Calendar No. 02-50: 1607 East 66th of the Codified Ordinances. Street postponed to June 10, 2 0 0 2 . NONE Calendar No. 02-73: 2787 East 124th Street (Ward 6) Calendar No. 02-51: 1609 East 66th Theresa Williams, owner, appeals Street postponed to June 10, CITY OF CLEVELAND BIDS to enclose an existing 6' x 20' sec- 2 0 0 2 . ond story open front porch of an existing 24' x 45' two family house Calendar No. 02-52: 1611 East 66th For All Departments all situated on a 40' x 100' parcel Street postponed to June 10, located in a Two-Family District on 2 0 0 2 . Sealed bids will be received at the the east side of East 124th Street at office of the Commissioner of Pur- 2787 East 124th Street; said enclo- Calendar No. 02-53: 1613 East 66th chases and Supplies, Room 128, City sure being contrary to the Yards Street postponed to June 10, Hall, in accordance with the append- and Courts Requirements, where a 2 0 0 2 . ed schedule, and will be opened and projection of 6' is proposed and read in Room 128, City Hall, imme- enclosed porches or vestibules shall Calendar No. 02-56: 14113-15 Jenne diately thereafter. not project more than 4' as stated Avenue postponed to May 28, Each bid must be made in accor- in Section 357.13(b)(4) of the Codi- 2002. dance with the specifications and fied Ordinances. must be submitted on the blanks On Monday, April 22, 2002, in supplied for the purpose, all of EUGENE CRANFORD, JR., Executive Session: which may be obtained at the office Secretary of the said Commissioner of Pur- The following appeals were chases and Supplies, but no bid will heard on Monday, April 15, 2002, be considered unless delivered to REPORT OF THE BOARD and said decisions were approved the office of the said commissioner OF ZONING APPEALS and adopted by the Board on April previous to 12:00 noon (Eastern 22, 2002: Standard Time) on the date speci- fied in the schedule. MONDAY, APRIL 22, 2002 The following appeals were Ap- 187.10 Negotiated contracts; proved: Notice required in Advertisement At the meeting of the Board of for Bids. Zoning Appeals on Monday, April 22, Calendar No. 02-46: 2016 West 10th Where invitations for bids are 2002, the following appeals were Street advertised, the following notice heard by the Board: Tremont Ridge Ltd. Partnership, shall be included in the advertise- owner, appealed to construct a 27' ment: “Pursuant to the MBE/FBE The following appeals were Ap- x 39' three-story one family Code, each prime bidder, each proved: dwelling on a 35' x 65' parcel in a minority business enterprise Multi-Family District. (“MBE”) and each female business Calendar No. 02-59: 1609-1611 East enterprise (“FBE”) must be certi- 30th Street Calendar No. 02-47: 2920 Detroit fied before doing business with the Asia Plaza Company, owner, Avenue City. Therefore, any prime contrac- appealed to construct a 60' x 160' Anita Nonneman, owner, appealed tor wishing to receive credit for parking lot with 14 parking spaces to construct a one-story, masonry using an MBE or FBE should in a Two-Family District. nightclub building and a parking lot ensure that applications for certifi- for 18 cars on a 148' x 192' parcel cation as to MBE or FBE status Calendar No. 02-60: 13416 Eaglesmere in a Semi-Industry District. compliance with the Code, affirma- Avenue tive action in employment and, if Clifford Hayes, owner, appealed to Calendar No. 02-7: 1848 West 25th applicable, joint venture status, are enclose an 8' x 16' one-story front Street submitted to the Office of Equal porch of a two dwelling house in a Teg Properties, owner, appealed Opportunity (“OEO”) prior to the Two-Family District. to change the use of a one-story date of bid opening or submission store building into a restaurant on of proposals or as specified by the The following appeal was Denied: a 28' x 112' parcel in a General Director. Failure to comply with the Retail Business District. business enterprise code or with Calendar No. 02-58: 1658 Catalpa representations made on these Road Calendar No. 02-24: 4193 West 150th forms may result in cancellation of Tracy Jackson, owner, appealed to Street the contract or other civil or crimi- establish a Type-A day care facili- Carriage Auto Wash, owner, ap- nal penalties.” ty in a two family dwelling house pealed to install a free-standing 12'- in a Two-Family District. 3" high billboard identification sign FRIDAY, APRIL 26, 2002 in a Semi-Industry District. The following appeal was With- Vitrified Clay Pipe, for the Division drawn: The following appeal was Denied: of Water Pollution Control, De- partment of Public Utilities, as Calendar No. 02-57: 6602 Superior Calendar No. 02-48: 6718 Chambers authorized by Section 129.27 of the Avenue Avenue Codified Ordinances of Cleveland, Demetrious Davis, owner, ap- Gene Kaskey, owner, appealed to Ohio, 1976. pealed to change the use of a one- construct a 23' x 28' carport story service station building into a between an existing two dwelling motorcycle parts store in a Local house and an existing garage on a April 17, 2002 and April 24, 2002 Retail Business District. 41' x 125' parcel in a Two-Family District. WEDNESDAY, MAY 8, 2002 The following appeal was Dis- Galion/Dresser Construction Equip- missed: EUGENE CRANFORD, JR., Secretary ment Parts and Labor, for the Division of Motor Vehicle Mainte- Calendar No. 02-55: 14821 Lakeshore nance, Department of Public Ser- Boulevard vice as authorized by Ordinance Dan Postotnic, owner, appealed to REPORT OF THE BOARD No. 368-01, passed by the Council construct a one-story, frame 24' x OF BUILDING STANDARDS of the City of Cleveland, April 9, 30' accessory garage and a 10' x AND BUILDING APPEALS 2001. 24' open wooden trellis to an exist- ing one family dwelling in a Single Family District. NO MEETING April 17, 2002 and April 24, 2002 838 April 24, 2002 The City Record 27

THURSDAY, MAY 9, 2002 WEDNESDAY, MAY 15, 2002 ing for the usual daily operation of a municipal department, now, there- Outdoor Lighting Program (Instal- Quicklime, for the Division of fore, lation), for the Division of Cleve- Water, Department of Public Util- Be it resolved by the Council of land Public Power, Department of ities, as authorized by Section the City of Cleveland: Public Utilities, as authorized by 129.24 of the Codified Ordinances Section 1. That the Council of the Ordinance No. 822-2000, passed by of Cleveland, Ohio, 1976. City of Cleveland is opposed to any the Council of the City of Cleve- action by the State legislature that land, June 12, 2000. Police Solo Motorcycles, for the Divi- would attempt to limit the power of THERE WILL BE A MANDATORY sion of Motor Vehicle Mainte- the City to determine the qualifica- PRE-BID MEETING AT 10:00 A.M. nance, Department of Public Safe- tions of its employees by prohibit- ON WEDNESDAY, MAY 1, 2002, ty, as authorized by Ordinance No. ing the City from imposing a resi- 497-01, passed by the Council of AT CLEVELAND PUBLIC dency requirement as a condition of POWER, LOCATED AT 1300 the City of Cleveland, May 21, employment. LAKESIDE AVE., CLEVELAND, 2001. OHIO 44114. Section 2. That the Council of the City of Cleveland would view such April 24, 2002 and May 1, 2002 action as an illegal encroachment on April 17, 2002 and April 24, 2002 the powers of the City of Cleveland THURSDAY, MAY 16, 2002 FRIDAY, MAY 10, 2002 by the State Legislature. Section 3. That the Council of the Biological Testing Media and Ap- Gasoline, for the Division of Motor City fully supports the Cleveland purtenances, for the Division of Charter provisions requiring employ- Vehicle Maintenance, Department Water, Department of Public Util- of Public Service, as authorized by ees to be bona fide residents of the ities, as authorized by Section City and to remain as such during Ordinance No. 353-02, passed by 129.28 of the Codified Ordinances their terms of employment. the Council of the City of Cleve- of Cleveland, Ohio, 1976. land, April 1, 2002. Section 4. That the Clerk of Coun- Aluminum Traffic Signs, for the cil is hereby directed to transmit Various Automotive and Truck Parts, Division of Traffic Engineering copies of this resolution to Gover- for the Division of Motor Vehicle and Parking, Department of Pub- nor Taft, the Speaker of the Ohio Maintenance, Department of Pub- lic Service, as authorized by Ordi- House of Representatives, the Pres- lic Service, as authorized by Ordi- nance No. 2082-01, passed by the ident of the Ohio Senate and other nance No. 354-02, passed by the Council of the City of Cleveland, members of the Ohio House and Council of the City of Cleveland, December 10, 2001. Senate who represent the City of April 1, 2002. C l e v e l a n d . Section 5. That this resolution is Purchase and Program Electric April 24, 2002 and May 1, 2002 hereby declared to be an emergency Meters, for the Division of Park- measure and, provided it receives ing Facilities, Department of WEDNESDAY, MAY 22, 2002 Parks, Recreation and Properties, the affirmative vote of two-thirds of as authorized by Ordinance No. 25- Purchase of Laboratory Equipment, all the members elected to Council, 01, passed by the Council of the Testing, and Analytical Services: it shall take effect and be in force City of Cleveland, March 4, 2002. Biological and Chemical Testing immediately upon its adoption and Supplies, Apparatus and Appurte- approval by the Mayor; otherwise, it shall take effect and be in force April 17, 2002 and April 24, 2002 nances, for the Division of Water, Department of Public Utilities, as from and after the earliest period THURSDAY, MAY 16, 2002 authorized by Section 129.28 of the allowed by law. Codified Ordinances of Cleveland, Adopted April 15, 2002. Rental of Large 17-Ton Capacity Ohio, 1976. Effective April 22, 2002. Trucks with Operators Govern- THERE WILL BE A MANDATORY ment, for the Division of Streets, PRE-BID MEETING AT 11:00 A.M. Department of Finance, as autho- ON TUESDAY, MAY 7, 2002, AT rized by Ordinance No. 352-02, THE CARL B. STOKES BUILD- Res. No. 694-02. passed by the Council of the City ING, 1201 LAKESIDE AVE., 4TH By Councilman Britt. of Cleveland, April 1, 2002. FLOOR ATRIUM CONFERENCE An emergency resolution with- ROOM, CLEVELAND, OHIO 44114. drawing objection to the renewal of April 17, 2002 and April 24, 2002 a C2, C2X Liquor Permit to 11543-5 April 24, 2002 and May 1, 2002 Mt. Carmel Avenue and repealing THURSDAY, MAY 9, 2002 Resolution No. 1586-01, objecting to said renewal. Ridge Road Transfer Station Land- Whereas, this Council objected to scaping Design, for the Depart- ADOPTED RESOLUTIONS the renewal of a C2, C2X Liquor Per- ment of Public Service, as autho- AND ORDINANCES mit to 11543-5 Mt. Carmel Avenue by rized by Ordinance No. 318-99, Resolution No. 1586-01 adopted by passed by the Council of the City Council on August 15, 2001; and of Cleveland, March 29, 1999. Whereas, this Council wishes to THERE WILL BE A REFUNDABLE withdraw its objection to the above DEPOSIT OF FIFTY DOLLARS Res. No. 139-01. By Councilman Coats. renewal and consents to said renew- ($50.00) IN THE FORM OF A al; and CASHIER’S CHECK AND/OR An emergency resolution opposing any action by the State legislature Whereas, this resolution consti- MONEY ORDER. tutes an emergency measure for the THERE WILL BE A PRE-BID which would attempt to limit munic- immediate preservation of public MEETING AT 10:00 A.M. ON ipal corporations to impose a resi- THURSDAY, MAY 2, 2002, AT dency requirement as a condition of peace, property, health or safety, THE RIDGE ROAD TRANSFER employment. now, therefore, STATION, 3727 RIDGE ROAD, Whereas, in past sessions, the Be it resolved by the Council of CLEVELAND, OHIO 44114. Ohio Legislature has considered the City of Cleveland: bills seeking to limit the power of Section 1. That objection to the C2 Pool Chemicals, for the Division of municipal corporations in the State and C2X Liquor Permit to 11543-5 Recreation, Department of Parks, of Ohio to determine the qualifica- Mt. Carmel Avenue be and the same Recreation and Properties, as tions of their employees by pro- is hereby withdrawn and Resolution authorized by Ordinance No. 356- hibiting municipal corporations No. 1586-01, containing said objec- 01, passed by the Council of the from imposing a residency require- tion, be and the same is hereby City of Cleveland, April 1, 2002. ment as a condition of employment; repealed and that this Council con- and sents to the immediate renewal Purchase of an Atomic Absorption Whereas, in 1982, the City’s Char- thereof. Spectrometer for Blood Analysis, ter was amended by a vote of the Section 2. That this resolution is for the Division of Environment, Cleveland citizens to require that hereby declared to be an emergency Department of Public Health, as employees of the City be bona fide measure and, provided it receives authorized by Ordinance No. 536- residents of the City and remain as the affirmative vote of two-thirds of 02, passed by the Council of the such during their terms of employ- all the members elected to Council, City of Cleveland, April 10, 2002. ment; and it shall take effect and be in force Whereas, this resolution consti- immediately upon its adoption and April 24, 2002 and May 1, 2002 tutes an emergency measure provid- approval by the Mayor; otherwise it 839 28 The City Record April 24, 2002 shall take effect and be in force all the members elected to Council, immediate preservation of public from and after the earliest period it shall take effect and be in force peace, property, health or safety, allowed by law. immediately upon its adoption and now, therefore, Adopted April 15, 2002. approval by the Mayor; otherwise it Be it resolved by the Council of Effective April 22, 2002. shall take effect and be in force the City of Cleveland: from and after the earliest period Section 1. That objection to the C2 allowed by law. and C2X Liquor Permit to 970 Lake- Adopted April 15, 2002. view Road be and the same is here- Res. No. 695-02. Effective April 22, 2002. by withdrawn and Resolution No. By Councilman Coats. 1622-01, containing said objection, be An emergency resolution with- and the same is hereby repealed and drawing objection to the renewal of that this Council consents to the a C2, C2X Liquor Permit to 14643 Res. No. 697-02. immediate renewal thereof. Coit Road, and repealing Resolution By Councilman Polensek. Section 2. That this resolution is No. 1593-01, objecting to said renew- An emergency resolution with- hereby declared to be an emergency al. drawing objection to the renewal of measure and, provided it receives Whereas, this Council objected to a C1 Permit and issuance of a new the affirmative vote of two-thirds of the renewal of a C2, C2X Liquor Per- C2 Permit and to 910 East 185th all the members elected to Council, mit to 14643 Coit Road, by Resolu- Street and repealing Resolution Nos. it shall take effect and be in force tion No. 1593-01 adopted by Council 1627-01 and 761-01 objecting to said immediately upon its adoption and on August 15, 2001; and renewal and issuance, respectively. approval by the Mayor; otherwise it Whereas, this Council wishes to Whereas, this Council objected to shall take effect and be in force withdraw its objection to the above the renewal of a C1 Liquor Permit from and after the earliest period renewal and consents to said renew- to 910 East 185th Street by Resolu- allowed by law. al; and tion No. 1627-01 adopted by Council Adopted April 15, 2002. Whereas, this resolution consti- on August 15, 2001 and further Effective April 22, 2002. tutes an emergency measure for the objected to the issuance of a C2 immediate preservation of public Liquor Permit to 910 East 185th peace, property, health or safety, Street by Resolution No. 761-01 now, therefore, adopted by Council on April 30, 2001; Res. No. 699-02. Be it resolved by the Council of and By Councilman Sweeney the City of Cleveland: Whereas, this Council wishes to An emergency resolution object- Section 1. That objection to the C2 withdraw its objection to the above ing to the transfer of ownership of and C2X Liquor Permit to 14643 Coit renewal and new issuance and here- a C1 and C2 Liquor Permit to 4050 Road be and the same is hereby by consents to said renewal and West 140th Street, 1st Floor and withdrawn and Resolution No. 1593- issuance pursuant to the Coopera- Basement E/S. 01, containing said objection, be and tion Agreement by and through Whereas, Council has been noti- the same is hereby repealed and Michael Polensek and Robert D. fied by the Department of Liquor that this Council consents to the Harrison, Sales Manager for Mascot Control of an application for the immediate renewal thereof. Petroleum Co., Inc., d.b.a. Sunoco transfer of ownership of a C1 and Section 2. That this resolution is Sunmart executed April 15, 2002; and C2 Liquor Permit from Permit No. hereby declared to be an emergency Whereas, this resolution consti- 4500715, Mazen Kash, DBA Friendly measure and, provided it receives tutes an emergency measure provid- Food Mart, 4050 West 140th Street, the affirmative vote of two-thirds of ing for the usual daily operation of 1st Fl & Bsmt. E/S, Cleveland, Ohio all the members elected to Council, a municipal department; now, there- 44135 to Permit No. 2705316, Fiam it shall take effect and be in force fore, Enterprises, Inc., DBA Friendly immediately upon its adoption and Be it resolved by the Council of Food Mart, 4050 West 140th Street, approval by the Mayor; otherwise it the City of Cleveland: 1st Fl & Bsmt. E/S, Cleveland, Ohio shall take effect and be in force Section 1. That objection to the C1 44135; and from and after the earliest period and C2 Liquor Permit to 910 East Whereas, the granting of this allowed by law. 185th Street be and the same is here- application for a liquor permit to Adopted April 15, 2002. by withdrawn and Resolution Nos. this high crime area, which is Effective April 22, 2002. 1627-01 and 761-01, containing said already saturated with other liquor objections, be and the same is here- outlets, is contrary to the best inter- by repealed and that this Council ests of the entire community; and consents to the immediate renewal Whereas, the applicant does not Res. No. 696-02. thereof. qualify to be a permit holder and/or By Councilman Jackson. Section 2. That this resolution is has demonstrated that he has oper- An emergency resolution with- hereby declared to be an emergency ated his liquor business in disregard drawing objection to the renewal of measure and, provided it receives of the laws, regulations or local a C2 and C2X Liquor Permit to 3314 the affirmative vote of two-thirds of ordinances of this state or any other East 93rd Street, and repealing Res- all the members elected to Council, state; and olution No. 1425-01, objecting to said it shall take effect and be in force Whereas, the place for which the renewal. immediately upon its adoption and permit is sought has not conformed Whereas, this Council objected to approval by the Mayor; otherwise it to the building, safety or health the renewal of a C2 and C2X Liquor shall take effect and be in force requirements of the governing body Permit to 3314 East 93rd Street, by from and after the earliest period of this County or City; and Resolution No. 1425-01 adopted by allowed by law. Whereas, the place for which the Council on July 18, 2001; and Adopted April 15, 2002. permit is sought is so arranged or Whereas, this Council wishes to Effective April 22, 2002. constructed that law enforcement withdraw its objection to the above officers or agents of the Department renewal and consents to said renew- of Liquor Control are prevented rea- al; and sonable access to the establishment; Whereas, this resolution consti- Res. No. 698-02. and tutes an emergency measure provid- By Councilman Pierce Scott. Whereas, the place for which the ing for the usual daily operation of An emergency resolution with- permit is sought is so located with a municipal department; now, there- drawing objection to the renewal of respect to the neighborhood that it fore, a C2, C2X Liquor Permit to 970 substantially interferes with public Be it resolved by the Council of Lakeview Road and repealing Reso- decency, sobriety, peace or good the City of Cleveland: lution No. 1622-01 objecting to said order; and Section 1. That objection to the C2 renewal. Whereas, this objection is based and C2X Liquor Permit to 3314 East Whereas, this Council objected to on other legal grounds as set forth 93rd Street be and the same is here- the renewal of a C2, C2X Liquor Per- in Revised Code Section 4303.292; by withdrawn and Resolution No. mit to 970 Lakeview Road by Reso- and 1425-01, containing said objection, be lution No. 1622-01 adopted by Coun- Whereas, this resolution consti- and the same is hereby repealed and cil on August 15, 2001; and tutes an emergency measure pro- that this Council consents to the Whereas, this Council wishes to viding for the immediate preserva- immediate renewal thereof. withdraw its objection to the above tion of the public peace, prosperi- Section 2. That this resolution is renewal and consents to said ty, safety and welfare pursuant to hereby declared to be an emergency renewal; and Section 4303.26 of the Ohio Revised measure and, provided it receives Whereas, this resolution consti- Code. Council’s objection to said the affirmative vote of two-thirds of tutes an emergency measure for the permit must be received by the 840 April 24, 2002 The City Record 29

Director of Liquor Control within decency, sobriety, peace or good Section 2. That this resolution is 30 days of notification; now, there- order; and hereby declared to be an emergency f o r e , Whereas, this objection is based measure and, provided it receives Be it resolved by the Council of on other legal grounds as set forth the affirmative vote of two-thirds of the City of Cleveland: in Revised Code Section 4303.292; all the members elected to Council, Section 1. That Council does here- and it shall take effect and be in force by record its objection to the trans- Whereas, this resolution consti- immediately upon its adoption and fer of ownership of a C1 and C2 tutes an emergency measure pro- approval by the Mayor; otherwise it Liquor Permit from Permit No. viding for the immediate preserva- shall take effect and be in force 4500715, Mazen Kash, DBA Friendly tion of the public peace, prosperi- from and after the earliest period Food Mart, 4050 West 140th Street, ty, safety and welfare pursuant to allowed by law. 1st Fl & Bsmt. E/S, Cleveland, Ohio Section 4303.26 of the Ohio Revised Adopted April 15, 2002. 44135 to Permit No. 2705316, Fiam Code. Council’s objection to said Effective April 22, 2002. Enterprises, Inc., DBA Friendly permit must be received by the Food Mart, 4050 West 140th Street, Director of Liquor Control within 1st Fl & Bsmt. E/S, Cleveland, Ohio 30 days of notification; now, there- 44135 and requests the Director of f o r e , Ord. No. 1509-01. Liquor Control to set a hearing for Be it resolved by the Council of By Councilman Westbrook. said application in accordance with the City of Cleveland: An emergency ordinance authoriz- provisions of Section 4303.26 of the Section 1. That Council does here- ing the sale of real property as part Revised Code of Ohio. by record its objection to the trans- of the Land Reutilization Program Section 2. That the Clerk of Coun- fer of ownership of a C1 and C2 and located on 9901 Madison Avenue cil be and she is hereby directed to Liquor Permit from Permit No. to Trinity Methodist Church of God. transmit two certified copies of this 3452552, Gurdeep Corporation, DBA Whereas, the City of Cleveland resolution, together with two copies New York Deli & Beverage, 14939 has elected to adopt and implement of a letter of objection and two Puritas Avenue, Cleveland, Ohio the procedures under Chapter 5722 copies of a letter requesting that the 44135 to Permit No. 0717625, Birju of the Ohio Revised Code to facili- hearing be held in Cleveland, Cuya- Enterprises Corporation, DBA New tate reutilization of nonproductive hoga County. York Deli & Beverage, 14939 Puritas lands situated within the City of Section 3. That this resolution is Avenue, Cleveland, Ohio 44135 and Cleveland; and hereby declared to be an emergency requests the Director of Liquor Con- Whereas, real property acquired measure and, provided it receives trol to set a hearing for said appli- under the City’s Land Reutilization the affirmative vote of two-thirds of cation in accordance with provisions Program is acquired, held, adminis- all the members elected to Council, of Section 4303.26 of the Revised tered and disposed of by the City of it shall take effect and be in force Code of Ohio. Cleveland through its Department of immediately upon its adoption and Section 2. That the Clerk of Coun- Community Development under the approval by the Mayor; otherwise it cil be and she is hereby directed to terms of Chapter 5722 of the Ohio shall take effect and be in force transmit two certified copies of this Revised Code and Section 183.021 of from and after the earliest period resolution, together with two copies Codified Ordinances of the City of allowed by law. of a letter of objection and two Cleveland, 1976; and Adopted April 15, 2002. copies of a letter requesting that the Whereas, this ordinance consti- Effective April 22, 2002. hearing be held in Cleveland, Cuya- tutes an emergency measure provid- hoga County. ing for the usual daily operation of Section 3. That this resolution is a municipal department; now, there- hereby declared to be an emergency fore, Res. No. 700-02. measure and, provided it receives Be it ordained by the Council of By Councilman Sweeney. the affirmative vote of two-thirds of the City of Cleveland: An emergency resolution object- all the members elected to Council, Section 1. That pursuant to Sec- ing to the transfer of ownership of it shall take effect and be in force tion 183.021 of the Codified Ordi- a C1 and C2 Liquor Permit to 14939 immediately upon its adoption and nances of Cleveland, Ohio, 1976, the Puritas Avenue. approval by the Mayor; otherwise it Commissioner of Purchases and Sup- Whereas, Council has been noti- shall take effect and be in force plies is hereby authorized to sell fied by the Department of Liquor from and after the earliest period Permanent Parcel No(s). 005-23-079, Control of an application for the allowed by law. as more fully described below, to transfer of ownership of a C1 and Adopted April 15, 2002. Trinity Methodist Church of God. C2 Liquor Permit from Permit No. Section 2. That the real property Effective April 22, 2002. 3452552, Gurdeep Corporation, DBA to be sold pursuant to this Ordi- New York Deli & Beverage, 14939 nance is more fully described as fol- Puritas Avenue, Cleveland, Ohio lows: 44135 to Permit No. 0717625, Birju Enterprises Corporation, DBA New Res. No. 701-02. P.P. No. 005-23-079 York Deli & Beverage, 14939 Puritas By Councilman White. Situated in the City of Cleveland, Avenue, Cleveland, Ohio 44135; and An emergency resolution with- County of Cuyahoga and State of Whereas, the granting of this drawing objection to the issuance of Ohio, and known as being Sublot application for a liquor permit to a C1 Liquor Permit to 12312 Rexford Nos. 74 and 75, (excepting the this high crime area, which is Avenue, and repealing Resolution Southerly 2.50 feet of each of said already saturated with other liquor No. 156-02, objecting to said renew- Sublots) in the Fliedner and outlets, is contrary to the best inter- al. Schmidt Subdivision of part of Orig- ests of the entire community; and Whereas, this Council objected to inal Brooklyn Township Lot No. 13, Whereas, the applicant does not the issuance of a C1 Liquor Permit as shown by the recorded plat in qualify to be a permit holder and/or to 12312 Rexford Avenue, by Reso- Volume 31 of Maps, Page 16 of Cuya- has demonstrated that he has oper- lution No. 156-02 adopted by Council hoga County Records, and together ated his liquor business in disregard on January 28, 2002; and forming a parcel of land 79.02 feet of the laws, regulations or local Whereas, this Council wishes to front on the Southerly side of Madi- ordinances of this state or any other withdraw its objection to the above son Avenue, N.W., and extending state; and renewal and consents to said renew- back 111.50 feet to the Westerly line, Whereas, the place for which the al; and and 111.50 feet on the Easterly line permit is sought has not conformed Whereas, this resolution consti- (which said also the Westerly line to the building, safety or health tutes an emergency measure for the of West 99th Street) and having a requirements of the governing body immediate preservation of public rear line of about 79.82 feet, as of this County or City; and peace, property, health or safety, appears by said plat, be the same Whereas, the place for which the now, therefore, more or less, but subject to all legal permit is sought is so arranged or Be it resolved by the Council of highways. constructed that law enforcement the City of Cleveland: Section 3. That all documents nec- officers or agents of the Department Section 1. That objection to the C1 essary to complete the conveyance of Liquor Control are prevented rea- Liquor Permit to 12312 Rexford authorized by this ordinance shall sonable access to the establishment; Avenue be and the same is hereby be executed within six (6) months and withdrawn and Resolution No. 156- of the effective date of this ordi- Whereas, the place for which the 02, containing said objection, be and nance. If all of the documents are permit is sought is so located with the same is hereby repealed and not executed within six (6) months respect to the neighborhood that it that this Council consents to the of the effective date of this ordi- substantially interferes with public immediate renewal thereof. nance, or such additional time as 841 30 The City Record April 24, 2002 may be granted by the Director of Section 2. That the cost of said No. 415, as shown by the recorded Community Development, this ordi- contract shall be charged against plat of said Subdivision in Volume nance shall be repealed and shall be the proper appropriation account 4 of Maps, Page 8 of Cuyahoga of no further force or effect. and the Director of Finance shall County Records. Said parts of Section 4. That the consideration certify thereon the amount of the Sublot Nos. 43 and 44 together form for the subject parcel shall be estab- initial purchase thereunder, which a parcel of land having a frontage lished by the Board of Control and purchase, together with all subse- of 40 feet on the Southerly side of shall be not less than Fair Market quent purchases, shall be made on Quincy Avenue, S.E. (formerly Value taking into account such order of the Commissioner of Pur- Wade Street), and extending back terms and conditions, restrictions chases and Supplies pursuant to a between parallel lines 150 feet, as and covenants as are deemed nec- requisition against such contract appears by said plat, be the same essary or appropriate. duly certified by the Director of more or less, but subject to all Section 5. That the conveyance Finance. (RL 103110) legal highways. authorized hereby shall be made by Section 3. The Director of Public Section 3. That pursuant to Sec- official deed prepared by the Direc- Utilities shall, prior to commencing tion 183.021 of the Codified Ordi- tor of Law and executed by the new installation of underground nances of Cleveland, Ohio, 1976, the Mayor on behalf of the City of duct line, provide notice to the Pub- Commissioner of Purchases and Sup- Cleveland. The deed shall contain lic Utilities Committee of such new plies is hereby authorized to sell such provisions as may be necessary installation. Permanent Parcel No(s). 126-01-105, to protect and benefit the public Section 4. That this ordinance is as more fully described below, to interest including such restrictive hereby declared to be an emergency Greater Gospel Temple Apostolic covenants and reversionary inter- measure and, provided it receives Overcoming Holy. ests as may be specified by the the affirmative vote of two-thirds of Section 4. That the real property Board of Control, the Director of all the members elected to Council, to be sold pursuant to this ordinance Community Development or the it shall take effect and be in force is more fully described as follows: Director of Law. immediately upon its passage and Section 6. That this ordinance is approval by the Mayor; otherwise it P. P. No. 126-01-105 hereby declared to be an emergency shall take effect and be in force Situated in the City of Cleveland, measure and, provided it receives from and after the earliest period County of Cuyahoga and State of the affirmative vote of two-thirds of allowed by law. Ohio, and known as being Sublot No. all the members elected to Council, Passed April 15, 2002. 33 in L. and E. A. Nichols Allotment it shall take effect and be in force Effective April 22, 2002. of part of Original Lot No. 415 in the immediately upon its passage and Township of Newberg, now City of approval by the Mayor; otherwise it Cleveland; being 39 feet front on the shall take effect and be in force South side of Quincy Avenue S.E. from and after the earliest period Ord. No. 2189-01. and runs back of equal width 150 allowed by law. By Councilmen Britt, Jackson, feet as per plat of said Allotment as Passed April 15, 2002. Cimperman and Patmon (by depart- recorded in Volume 11 of Maps, Effective April 22, 2002. mental request). Page 56 in the office of Recorder of An emergency ordinance authoriz- said County, be the same more or ing the sale of real property as part less, but subject to all legal high- of the Land Reutilization Program ways. Ord. No. 1955-01. and located at 8208 Quincy Avenue Also subject to all zoning ordi- By Councilmen O’Malley, Cimper- to Greater Gospel Temple Apostolic nances, if any. man and Patmon (by departmental Overcoming Holy. Section 5. That all documents nec- request). Whereas, the City of Cleveland essary to complete the conveyance An emergency ordinance authoriz- has elected to adopt and implement authorized by this ordinance shall ing the purchase by requirement the procedures under Chapter 5722 be executed within six (6) months contract of labor and materials nec- of the Ohio Revised Code to facili- of the effective date of this ordi- essary to install underground duct tate reutilization of nonproductive nance. If all of the documents are line, streetlighting bases and pull lands situated within the City of not executed within six (6) months boxes, for the Division of Cleveland Cleveland; and of the effective date of this ordi- Public Power, Department of Public Whereas, real property acquired nance, or such additional time as Utilities, for a period not to exceed under the City’s Land Reutilization may be granted by the Director of one year. Program is acquired, held, adminis- Community Development, this ordi- Whereas, this ordinance consti- tered and disposed by the City of nance shall be repealed and shall be tutes an emergency measure provid- Cleveland through its Department of of no further force or effect. ing for the usual daily operation of Community Development under the Section 6. That the consideration a municipal department; now, there- terms of Chapter 5722 of the Ohio for the subject parcel shall be estab- fore, Revised Code and Section 183.021 of lished by the Board of Control and Be it ordained by the Council of Codified Ordinances of the City of shall be not less than Fair Market the City of Cleveland: Cleveland, 1976; and Value taking into account such Section 1. That the Director of Whereas, this ordinance consti- terms and conditions, restrictions Public Utilities is hereby autho- tutes an emergency measure provid- and covenants as are deemed nec- rized to make a written require- ing for the usual daily operation of essary or appropriate. ment contract in accordance with a municipal department; now, there- Section 7. That the conveyance the Charter and the Codified Ordi- fore authorized hereby shall be made by nances of Cleveland, Ohio, 1976, for Be it ordained by the Council of official deed prepared by the Direc- the requirements for the period of the City of Cleveland: tor of Law and executed by the one year of the necessary items of Section 1. That pursuant to Sec- Mayor on behalf of the City of labor and materials necessary to tion 183.021 of the Codified Ordi- Cleveland. The deed shall contain install underground duct line, nances of Cleveland, Ohio 1976, the such provisions as may be necessary streetlighting bases and pull boxes, Commissioner of Purchases and Sup- to protect and benefit the public in the approximate amount as pur- plies is hereby authorized to sell interest including such restrictive chased during the preceding term, Permanent Parcel No(s). 126-01-109, covenants and reversionary inter- to be purchased by the Commis- as more fully described below, to ests as may be specified by the sioner of Purchases and Supplies Greater Gospel Temple Apostolic Board of Control, the Director of upon a unit basis for the Division Overcoming Holy. Community Development or the of Cleveland Public Power, Depart- Section 2. That the real property Director of Law. ment of Public Utilities. Bids shall to be sold pursuant to this ordinance Section 8. That this ordinance is be taken in such manner as to per- is more fully described as follows: hereby declared to be an emergency mit an award to be made for all measure and, provided it receives items as a single contract, or by P. P. No. 126-01-109 the affirmative vote of two-thirds of separate contract for each or any Situated in the City of Cleveland, all the members elected to Council, combination of said items as the County of Cuyahoga and State of it shall take effect and be in force Board of Control shall determine. Ohio, and known as being the immediately upon its passage and Alternate bids for a period less Westerly 30 feet of the Northerly approval by the Mayor; otherwise it than one year may be taken if 150 feet of Sublot No. 43 and the shall take effect and be in force deemed desirable by the Commis- Easterly 10 feet of the Northerly from and after the earliest period sioner of Purchases and Supplies 150 feet of Sublot No. 44 in Keyes allowed by law. until provision is made for the and Edwards’ Subdivision of part Passed April 15, 2002. requirements for the entire term. of Original One Hundred Acre Lot Effective April 22, 2002. 842 April 24, 2002 The City Record 31

Ord. No. 2193-01. P. P. No. 124-26-039 Ord. No. 2194-01. By Councilmen Johnson, Jackson, Situated in the City of Cleveland, By Councilmen Jackson, Cimper- Cimperman and Patmon (by depart- County of Cuyahoga and State of man and Patmon (by departmental mental request). Ohio, and known as being Sublot request). An emergency ordinance authoriz- No. 54 in Patterson and Bill’s Sub- An emergency ordinance authoriz- ing the sale of real property as part division of part of Original One ing the sale of real property as part of the Land Reutilization Program Hundred Acre Lot No. 329, as of the Land Reutilization Program and located on Kinsman Road to shown by the recorded plat in Vol- and located at 8825 Bessemer Original Harvest Missionary Baptist ume 3 of Maps, Page 47 of Cuya- Avenue to John Pobega and Jean Church. hoga County Records, also a trian- Pobega. Whereas, the City of Cleveland gular part of Sublot 1 in A.W. Fair- Whereas, the City of Cleveland has elected to adopt and implement has elected to adopt and implement banks’ Subdivision of part of Orig- the procedures under Chapter 5722 the procedures under Chapter 5722 inal One Hundred Acre Lot No. 330, of the Ohio Revised Code to facili- of the Ohio Revised Code to facili- as shown by the recorded plat in tate reutilization of nonproductive tate reutilization of nonproductive Volume 3 of Maps, Page 50 of lands situated within the City of lands situated within the City of Cuyahoga County Records, and Cleveland; and Cleveland; and together bounded and described as Whereas, real property acquired Whereas, real property acquired f o l l o w s : under the City’s Land Reutilization under the City’s Land Reutilization Commencing at the Southeasterly Program is acquired, held, adminis- Program is acquired, held, adminis- corner of aforesaid Sublot No. 54; tered and disposed of by the City of tered and disposed by the City of thence running Northwesterly along Cleveland through its Department of Cleveland through its Department of the Northeasterly line of Kinsman Community Development under the Community Development under the Road S.E., 50 feet to the Southwest- terms of Chapter 5722 of the Ohio terms of Chapter 5722 of the Ohio erly corner of said Sublot No. 54; Revised Code and Section 183.021 of Revised Code and Section 183.021 of thence Northeasterly along the Codified Ordinances of the City of Codified Ordinances of the City of Northwesterly line of said Sublot No. Cleveland, 1976; and Cleveland, 1976; and 54, 160 feet to a 16 foot alley; thence Whereas, this ordinance consti- Whereas, this ordinance consti- running Southeasterly along the tutes an emergency measure provid- tutes an emergency measure provid- Southwesterly line of said alley 50 ing for the usual daily operation of ing for the usual daily operation of feet; thence Southwesterly at right a municipal department; now, there- a municipal department; now, there- angles to said alley and along the fore, fore Southeasterly line of said Sublot No. Be it ordained by the Council of the City of Cleveland: Be it ordained by the Council of 54 to the place of beginning, and Section 1. That pursuant to Sec- the City of Cleveland: together forming a parcel of land 50 tion 183.021 of the Codified Ordi- Section 1. That pursuant to Sec- feet front on the Northeasterly side nances of Cleveland, Ohio, 1976, the tion 183.021 of the Codified Ordi- of Kinsman Road, S.E., and extend- Commissioner of Purchases and nances of Cleveland, Ohio 1976, the ing back of equal width, 160 feet as Supplies is hereby authorized to sell Commissioner of Purchases and Sup- appears by said plat, be the same Permanent Parcel No(s). 127-12-079, plies is hereby authorized to sell more or less, but subject to all legal as more fully described below, to Permanent Parcel No(s). 124-26-030 highways, John Pobega and Jean Pobega. and 124-26-039, as more fully Section 3. That all documents nec- Section 2. That the real property described below, to Original Harvest essary to complete the conveyance to be sold pursuant to this ordinance Missionary Baptist Church. authorized by this ordinance shall is more fully described as follows: Section 2. That the real property be executed within six (6) months to be sold pursuant to this ordi- of the effective date of this ordi- P. P. No. 127-12-079 nance is more fully described as fol- nance. If all of the documents are Situated in the City of Cleveland, l o w s : not executed within six (6) months County of Cuyahoga and State of of the effective date of this ordi- Ohio, and known as Sublot No. 13 in P. P. No. 124-26-030 nance, or such additional time as James Paton’s Subdivision of a part Situated in the City of Cleveland, may be granted by the Director of of Original One Hundred Acre Lot County of Cuyahoga and State of Community Development, this ordi- No. 440 in the City of Cleveland, Ohio, and known as being part of nance shall be repealed and shall be County of Cuyahoga and State of Sublot No. 6 in A.W. Fairbanks, Sub- of no further force or effect. Ohio: division of part of Original One Section 4. That the consideration Said Sublot No. 13 has a frontage of 50 feet on the Northerly side of Hundred Acre Lot No. 330, as shown for the subject parcel shall be estab- Bessemer Avenue, S.E. and extends by the recorded plat in Volume 3 of lished by the Board of Control and back 211 feet 9 inches as per plat Maps, Page 50 of Cuyahoga County shall be not less than Fair Market recorded in Volume 5 of Maps, Page Records, bounded and described as Value taking into account such 59 of Cuyahoga County Records. follows: terms and conditions, restrictions Subject to zoning ordinances, if Beginning at the intersection of and covenants as are deemed nec- any. the Northeasterly line of Kinsman essary or appropriate. Section 3. That all documents nec- Road, N.E., and the Westerly line Section 5. That the conveyance essary to complete the conveyance of East 72nd Street (formerly Fair- authorized hereby shall be made by authorized by this ordinance shall banks Street); thence Northwester- official deed prepared by the Direc- be executed within six (6) months ly along the Northeasterly line of tor of Law and executed by the of the effective date of this ordi- said Kinsman Road, N.E., 49.15 feet Mayor on behalf of the City of nance. If all of the documents are to the most Southerly corner of a Cleveland. The deed shall contain not executed within six (6) months parcel of land conveyed to J.A. such provisions as may be necessary of the effective date of this ordi- Wigmore by deed dated June 8, to protect and benefit the public nance, or such additional time as 1907, and recorded in Volume 1116, interest including such restrictive may be granted by the Director of Page 254 of Cuyahoga County covenants and reversionary inter- Community Development, this ordi- Records; thence Northeasterly ests as may be specified by the nance shall be repealed and shall be along the Southeasterly line of Board of Control, the Director of of no further force or effect. said parcel so conveyed to J.A. Community Development or the Section 4. That the consideration Wigmore 61.20 feet to an interior Director of Law. for the subject parcel shall be estab- corner of said parcel; thence East- Section 6. That this ordinance is lished by the Board of Control and shall be not less than Fair Market erly along the Southerly line of hereby declared to be an emergency Value taking into account such said parcel so conveyed to J.A. measure and, provided it receives terms and conditions, restrictions Wigmore 6.70 feet to the Westerly the affirmative vote of two-thirds of and covenants as are deemed nec- line of said East 72nd Street; all the members elected to Council, essary or appropriate. thence Southerly along the West- it shall take effect and be in force Section 5. That the conveyance erly line of East 72nd Street, 78.31 immediately upon its passage and authorized hereby shall be made by feet to the place of beginning, as approval by the Mayor; otherwise it official deed prepared by the Direc- appears by said plat, be the same shall take effect and be in force tor of Law and executed by the more or less, but subject to all from and after the earliest period Mayor on behalf of the City of legal highways. allowed by law. Cleveland. The deed shall contain Also subject to all zoning ordi- Passed April 15, 2002. such provisions as may be necessary nances, if any. Effective April 22, 2002. to protect and benefit the public 843 32 The City Record April 24, 2002 interest including such restrictive wall of a brick building located on lands situated within the City of covenants and reversionary inter- said Sublot No. 17, about 115 feet to Cleveland; and ests as may be specified by the the Northeasterly corner of land so Whereas, real property acquired Board of Control, the Director of conveyed to The Collinwood under the City’s Land Reutilization Community Development or the Masonic Temple Association; Program is acquired, held, adminis- Director of Law. Thence Southerly along the East- tered and disposed by the City of Section 6. That this ordinance is erly line of land so conveyed to The Cleveland through its Department of hereby declared to be an emergency Collinwood Masonic Temple Associ- Community Development under the measure and, provided it receives ation about 0.08 feet to the Norther- terms of Chapter 5722 of the Ohio the affirmative vote of two-thirds of ly line of said Sublot No. 18; Revised Code and Section 183.021 of all the members elected to Council, Thence Easterly along the North- Codified Ordinances of the City of it shall take effect and be in force erly line of said Sublot No. 18, 40 Cleveland, 1976; and immediately upon its passage and feet to the Northwesterly corner of Whereas, this ordinance consti- approval by the Mayor; otherwise it said Sublot No. 38; tutes an emergency measure provid- shall take effect and be in force Thence Southerly along the West- ing for the usual daily operation of from and after the earliest period erly line of said Sublot No. 38, 12 a municipal department; now, there- allowed by law. feet to a point; fore Passed April 15, 2002. Thence Easterly and parallel to Be it ordained by the Council of Effective April 22, 2002. the Northerly line of said Sublot No. the City of Cleveland: 38, 173 feet 5 inches to the Wester- Section 1. That pursuant to Sec- ly line of East 154th Street (for- tion 183.021 of the Codified Ordi- merly Clinton Street); nances of Cleveland, Ohio 1976, the Ord. No. 2197-01. Thence Southerly along the West- Commissioner of Purchases and Sup- By Councilmen Polensek, Jackson, erly line of East 154th Street, 38 feet plies is hereby authorized to sell Rybka, Cimperman and Patmon (by to the Southeasterly corner of said Permanent Parcel No(s). 119-03-056, departmental request). Sublot No. 38; 119-03-057, 119-03-058, as more fully An emergency ordinance authoriz- Thence Westerly along the South- described below, to Clayton R. Hol- ing the Director of Community erly line of said Sublots Nos. 38 and land, III. Development to transfer property 18, 328 feet 5 inches to the place of Section 2. That the real property described as 813 East 152nd Street, beginning , as appears by said plat, to be sold pursuant to this ordinance to the control, possession and use of be the same more or less, but sub- is more fully described as follows: the Department of Parks, Recreation ject to all legal highways. and Properties. P. P. No. 119-03-056 Whereas, the Department of Com- Parcel No. 2 Situated in the City of Cleveland, munity Development desires to Situated in the City of Cleveland, County of Cuyahoga and State of transfer certain property under its County of Cuyahoga and State of Ohio, and known as being Sublot No. control to the Department of Parks, Ohio and known as being the East- 10 in Oliver Hough Heir’s Subdivi- Recreation and Properties; and erly 155 feet of Sublot No. 19 and sion of part of Original One Hun- Whereas, Section 183.14 of the the Westerly 33 feet of Sublot No. dred Acre Lots Nos. 391 and 392 as Codified Ordinances of Cleveland, 39 in W. F. Walworth’s Subdivision shown by the recorded plat in Vol- Ohio, 1976, requires that such trans- of part of Original Euclid Town- ume 3 of Maps, Page 21 of Cuyahoga fer be preceded by an ordinance of ship Lot No. 42, Tract No. 10, as County Records and bounded and Council approving the transfer; and shown by the recorded plat in Vol- described as follows: Whereas, this ordinance consti- ume 7 of Maps, Page 30 of Cuya- Beginning on the Northerly line of tutes an emergency measure provid- hoga County Records and together Crawford Place (nka Brookline ing for the usual daily operation of forming a parcel of land having a Avenue, N.E.) which is a new street a municipal department; now, there- frontage of 50 feet on the Easterly 30 feet wide, said Northerly line of fore, side of East 152nd Street (former- which is parallel to and 90 feet Be it ordained by the Council of ly Collamer Avenue) and extending Northerly (measured at right the City of Cleveland: back of equal width 188 feet, as angles) from the Southerly line of Section 1. That pursuant to Sec- appears by said plat, be the same said Sublot No. 10 at a point 286- tion 183.14 of the Codified Ordi- more or less, but subject to all 66/100 feet Westerly, measured nances of Cleveland, Ohio, 1976, the legal highways. along the Northerly line of Brook- Director of Community Development Section 2. That upon consumma- line Avenue, N.E., from the point of is authorized to transfer the follow- tion of the transfer referenced here- intersection with the Westerly line ing described property to control, in, the Directors participating in the of Crawford Street (nka Crawford possession and use of the Depart- transaction shall initial and date a Road, N.E.) thence Westerly along ment of Parks, Recreation and Prop- copy of this ordinance and deliver said Northerly line of Brookline erties: said copy to the custody of the Divi- Avenue, N.E., 35 feet; thence sion of Property Management of the Northerly on a line at right angles 813 East 152nd Street Department of Parks, Recreation with said Northerly line of Brook- Permanent Parcel Numbers and Properties. line Avenue, N.E., 66-28/100 feet to 115-22-038 and 039 Section 3. That this ordinance is the Northerly line of said Sublot No. Situated in the City of Cleveland, hereby declared to be an emergency 10; thence Easterly along the County of Cuyahoga and State of measure and, provided it receives Northerly line of said Sublot No. 10, Ohio and known as being part of the affirmative vote of two-thirds of 35 feet, thence Southerly 66-32/100 Sublots Nos. 17, 18 and 38 in W. F. all the members elected to Council, feet to the place of beginning, and Walworth’s Subdivision of part Orig- it shall take effect and be in force being further known as Sublot No. inal Euclid Township Lot No. 42, as immediately upon its passage and 15 in F.B. Fox’s proposed Re-Subdi- shown by the recorded plat in Vol- approval by the Mayor; otherwise it vision of part of Sublot Nos. 10 and ume 7 of Maps, Page 30 of Cuyahoga shall take effect and be in force 11 in said Oliver Hough Heir’s Sub- County Records and together form- from and after the earliest period division, be the same more or less, ing a parcel of land bounded and allowed by law. but subject to all legal highways. described as follows: Passed April 15, 2002. Subject to zoning ordinances, if Beginning on the Easterly line of Effective April 22, 2002. any. East 152nd Street (formerly Col- lamer Avenue) 60 feet wide, at its P. P. No. 119-03-057 intersection with the Southerly line Situated in the City of Cleveland, of said Sublot No. 18; Ord. No. 83-02. County of Cuyahoga and State of Thence Northerly along the East- By Councilmen Lewis, Jackson, Ohio, and known as being part of erly line of East 152nd Street about Cimperman and Polensek (by Sublot Nos. 10 and 11 in the Oliver 50.02 feet to the Northwesterly cor- departmental request). Hough Heirs’ Subdivision of part of ner of land conveyed to The Col- An emergency ordinance authoriz- Original One Hundred Acre Lots linwood Masonic Temple Associa- ing the sale of real property as part Nos. 391 and 392, as shown by the tion by Deed filed for record May of the Land Reutilization Program recorded plat in Volume 3 of Maps, 31st, 1940, and recorded in Volume and located on Brookline Avenue to Page 21 of Cuyahoga County 5089, Page 25 of Cuyahoga County Clayton R. Holland, III. Records and bounded and described Records; Whereas, the City of Cleveland as follows: Thence Easterly along the North- has elected to adopt and implement Beginning on the Northerly line of erly line of land so conveyed to The the procedures under Chapter 5722 Crawford Place, (now known as Collinwood Masonic Temple Associ- of the Ohio Revised Code to facili- Brookline Avenue, N.E.) which is a ation, which is also the Southerly tate reutilization of nonproductive new street 30 feet wide, the Norther- 844 April 24, 2002 The City Record 33 ly line of which is parallel with the official deed prepared by the Direc- approval by the Mayor; otherwise it 90 feet Northerly from the Souther- tor of Law and executed by the shall take effect and be in force ly line of said Sublot Nos. 10 and 11 Mayor on behalf of the City of from and after the earliest period in the Oliver Hough Heirs’ Subdivi- Cleveland. The deed shall contain allowed by law. sion, at a point in the Northerly line such provisions as may be necessary Passed April 1, 2002. of said Crawford Place 236-66/100 to protect and benefit the public Effective April 22, 2002; notwith- feet Westerly from its intersection interest including such restrictive standing the veto of the Mayor. with the Westerly line of Crawford covenants and reversionary inter- Street (now known as Crawford ests as may be specified by the Road, N.E.); thence Easterly along Board of Control, the Director of the Northerly line of said Crawford Community Development or the Ord. No. 216-02. Place, 35 feet; thence Northerly at Director of Law. By Councilmen Westbrook and right angles to said Northerly line Section 6. That this ordinance is Jackson (by departmental request). of Crawford Place, 66-46/100 feet to hereby declared to be an emergency An emergency ordinance to repeal the Northerly line of said Sublot No. measure and, provided it receives Section 4 of Ordinance No. 1576-2000, 10 in said Hough Heirs’ Subdivision; the affirmative vote of two-thirds of passed February 12, 2001, and to thence Westerly along the Norther- all the members elected to Council, renumber existing Section 5 to new ly line of said Sublot No. 10, 35 feet; it shall take effect and be in force Section 4, relating to the removal of thence Southerly 66-42/100 feet to immediately upon its passage and rubber and paint from paved sur- the place of beginning, and being approval by the Mayor; otherwise it faces, for the Department of Port further known as Sublot No. 16 in shall take effect and be in force Control. F.D. Fox’s proposed Re-Subdivision from and after the earliest period Whereas, this ordinance consti- of parts of Sublot Nos. 10 and 11 in allowed by law. tutes an emergency measure provid- the Oliver Hough Heirs’ Subdivision, Passed April 15, 2002. ing for the usual daily operation of be the same more or less, but sub- Effective April 22, 2002. a municipal department; now, there- ject to all legal highways. fore, Also subject to all zoning ordi- Be it ordained by the Council of nances, if any the City of Cleveland: Ord. No. 130-02. Section 1. That Section 4 of Ordi- P. P. No. 119-03-058 By Councilmen Jackson and nance No. 1576-2000, passed February Situated in the City of Cleveland, Polensek (by departmental request). 12, 2001, is hereby repealed. County of Cuyahoga and State of An emergency ordinance authoriz- Section 2. That existing Section 5 Ohio, and known as being a part of ing the Director of Community of Ordinance No. 1576-2000, passed Sublot Nos. 10 and 11 in the Oliver Development to apply for and accept February 12, 2001 is hereby renum- Hough Heir’s Subdivision of a part grants from the United States bered to new “Section 4”. of Original One Hundred Acre Lots Department of Housing and Urban Section 3. That this ordinance is Nos. 391 and 392 as shown by the Development for the CDBG Year 28 hereby declared to be an emergency recorded plat of said Subdivision in pursuant to Title I of the Housing measure and, provided it receives Volume 3 of Maps, Page 21 of Cuya- and Community Development Act of the affirmative vote of two-thirds of hoga County Records, and bounded 1974, for the 2002 Federal HOME all the members elected to Council, and described as follows: Grant Program, Emergency Shelter it shall take effect and be in force Beginning in the Northerly line of Program, and the Housing Opportu- immediately upon its passage and Brookline Avenue, N.E., (formerly nities for Persons with AIDS Pro- approval by the Mayor; otherwise it Crawford Place) at a point distant gram. shall take effect and be in force Westerly measured along said Whereas, this ordinance consti- from and after the earliest period Northerly line 251.66 feet from its tutes an emergency measure provid- allowed by law. intersection with the Northerly line ing for the usual daily operation of Passed April 15, 2002. of Crawford Road, N.E., thence a municipal department; now, there- Effective April 22, 2002. Easterly along said Northerly line fore, of Brookline Avenue, N.E., 35 feet to Be it ordained by the Council of a point, thence Northerly at the the City of Cleveland: right angles to said Northerly line Section 1. That the Director of Ord. No. 218-02. of Brookline Avenue, N.E. 66.50 feet Community Development is hereby By Councilman Johnson. to the Northerly line of said Sublot authorized to apply for and accept An emergency ordinance to vacate No. 10, thence Westerly along the grants from the U. S. Department of a portion of Williams Ave. and East Northerly line of said Sublot No. 10, Housing and Urban Development 128th Street hereinafter described. 35 feet to a point, thence Southerly (HUD) in the following approximate Whereas, on the 12th day of Feb- 66.46 feet in a direct line to the amounts: $31,153,000 to conduct the ruary 2001, the Council of the City place of beginning, and further Year 28 Community Development of Cleveland adopted Resolution No. known as Sublot No. 17 in F.B. Fox’s Block Grant Program: $8,925,000 to 2034-2000 declaring its intention to proposed Re-Subdivision of Sublot conduct the Federal HOME Grant vacate a portion of Williams Avenue Nos. 10 and 11, in the Oliver Hough Program; $1,048,000 to conduct the and East 128th Street, hereinafter Heir’s Subdivision of a part of Orig- Emergency Shelter Grant Program; described. inal One Hundred Acre Lots Nos. 391 and $824,000 for the Housing Oppor- Whereas, notice of the adoption of and 392, according to a survey dated tunities for Persons with AIDS the above Resolution No. 2034-2000 March 18, 1893 by John L. Culley, (HOPWA) Program, for the purpos- has been served upon the owners of Civil Engineer, be the same more or es set forth in the application and all the property abutting Williams less, but subject to all legal high- according thereto and in compliance Avenue and East 128th Street affect- ways. with the requirements of Title I of ed by said Resolution, notifying the Section 3. That all documents nec- the Housing and Community Devel- said property owners of the time essary to complete the conveyance opment Act of 1974 and applicable and place at which objections can authorized by this ordinance shall rules and regulations. That the be heard before the Board of Revi- be executed within six (6) months Director of Community Development sion of Assessments, and of the effective date of this ordi- is hereby authorized to file all Whereas, on the 18th day of nance. If all of the documents are papers and execute all documents December, 2001, the Board of Revi- not executed within six (6) months necessary to receive the funds under sion of Assessments approved the of the effective date of this ordi- said grants, and that said funds are vacation of Williams Avenue and nance, or such additional time as hereby appropriated for the pur- East 128th Street, hereinafter may be granted by the Director of poses set forth in the applications described, in accordance with the Community Development, this ordi- for said grants. provisions of Section 176 of the nance shall be repealed and shall be Section 2. That the applications Charter of the City of Cleveland; of no further force or effect. for said grants, placed in File No. and Section 4. That the consideration 130-02-B made a part hereof as if Whereas, this Council is satisfied for the subject parcel shall be estab- fully rewritten herein, are hereby that there is good cause for vacat- lished by the Board of Control and approved in all respects. ing Williams Avenue and East 128th shall be not less than Fair Market Section 3. That this ordinance is Street, hereinafter described and Value taking into account such hereby declared to be an emergency that it will not be detrimental to the terms and conditions, restrictions measure and, provided it receives general interest and ought to bc and covenants as are deemed nec- the affirmative vote of two-thirds of made; and essary or appropriate. all the members elected to Council, Whereas, this ordinance consti- Section 5. That the conveyance it shall take effect and be in force tutes an emergency measure provid- authorized hereby shall be made by immediately upon its passage and ing for the usual daily operation of 845 34 The City Record April 24, 2002 a municipal department; now, there- Public Power for existing equip- Water, and Cleveland Public Power fore m e n t . of the City of Cleveland. Be it ordained by the Council of The description of the easement is Section 3. That the Clerk of Coun- the City of Cleveland: as follows: cil be and is hereby directed to noti- Section 1. That all that portion of That portion of Williams Avenue fy the Auditor of Cuyahoga County Williams Avenue and East 128th and East 128th Street situated in the of the vacation of all that portion of Street situated in the City of Cleve- City of Cleveland, County of Cuya- Williams Avenue and East 128th land, County of Cuyahoga and State hoga and State of Ohio and known Street, herein provided by sending of Ohio and known as being part of as being part of Original 100 Acre him a copy of this ordinance. Original 100 Acre Lots No. 429 and Lots No. 429 and further bounded Section 4. That this ordinance is further bounded and described as and described as follows: hereby declared to be an emergency follows: Beginning at the intersection of measure and, provided it receives Beginning at the intersection of the centerline of East 127th Street the affirmative vote of two-thirds of the centerline of East 127th Street (44.00 feet wide) and the centerline all the members elected to Council, (44.00 feet wide) and the centerline of Williams Avenue (50.00 feet it shall take effect and be in force of Williams Avenue (50.00 feet wide); immediately upon its passage and wide); Thence North 89°-36'-00" East approval by the Mayor; otherwise it Thence North 89°-36'-00" East along the centerline of Williams shall take effect and be in force along the centerline of Williams Avenue, 190.25 feet to the principal from and after the earliest period Avenue, 190.25 feet to the principal place of beginning of Williams allowed by law. place of beginning of Williams Avenue to be vacated and further Passed April 15, 2002. Avenue to be vacated and further bounded and described as follows: Effective April 22, 2002. bounded and described as follows: Thence North 00°-24'-00" West, Thence North 00°-24'-00" West, 25.00 feet to a point on the norther- 25.00 feet to a point on the norther- ly line of Williams Avenue; ly line of Williams Avenue; Thence North 89°-36'-00" East Ord. No. 219-02. Thence North 89°-36'-00" East along the northerly line of Williams By Councilman Rybka. along the northerly line of Williams Avenue, 49.63 feet to a point of cur- An emergency ordinance to vacate Avenue, 49.63 feet to a point of cur- vature; a portion of Engel Court S.E., vature; Thence along the curved line of Woolen Court S.E. and Recreation Thence along the curved line of Williams Avenue deflecting to the Court S.E. hereinafter described. Williams Avenue deflecting to the right, an arc of 76.83 feet, said curve Whereas, on the day of December right, an arc of 76.83 feet, said curve having a radius of 89.61 feet and a 18, 2001, the Council of the City of having a radius of 89.61 feet and a chord that bears South 20°-16'-40" Cleveland adopted Resolution No. chord that bears South 20°-16'-40" East, 74.50 feet to a point on the 1169-01 declaring its intention to East, 74.50 feet to a point on the curved easterly line of East 128th vacate a portion of Engel Ct. S.E., curved easterly line of East 128th Street; Woolen Ct., and Recreation Ct. S.E., Street; Thence continuing along the hereinafter described. Thence continuing along the curved line of East 128th Street, Whereas, notice of the adoption of curved line of East 128th Street, deflecting to the right, an arc of the above Resolution No. 1169-01 he deflecting to the right, an arc of 48.58 feet, said curve having a s been served upon the owners of all 48.58 feet, said curve having a radius of 89.61 feet and a chord that the property abutting Engel Ct. S.E., radius of 89.61 feet and a chord that bears South 11°-14'-43" East 47.99 Woolen Ct. S.E., and Recreation Ct. bears South 11°-14'-43" East 47.99 feet to a point of tangency; S.E. affected by said Resolution, feet to a point of tangency; Thence South 04°-16'-45" West notifying the said property owners Thence South 04°-16'-45" West along the easterly line of East 128th of the time and place at which along the easterly line of East 128th Street, 142.34 feet to a point of cur- objections can be heard before the Street, 142.34 feet to a point of cur- vature; Board of Revision of Assessments, vature; Thence along a curved turnout to and Thence along a curved turnout to East 128th Street deflecting to the Whereas, on the 18th day of East 128th Street deflecting to the left, an arc of 32.18 feet, said curve December, 2001, the Board of Revi- left, an arc of 32.18 feet, said curve having a radius of 19.86 feet and a sion of Assessments approved the having a radius of 19.86 feet and a chord that bears South 42°-07'-32" vacation of Engel Ct. S.E., Woolen chord that bears South 42°-07'-32" East, 28.77 feet to a point on the Ct. S.E., and Recreation Ct. S.E., East, 28.77 feet to a point on the northerly line of Drexmore Road, hereinafter described, in accordance northerly line of Drexmore Road, (60.00 feet wide); with the provisions of Section 176 of (60.00 feet wide); Thence North 88°-31'-50" West the Charter of the City of Cleveland; Thence North 88°-31'-50" West along the westerly prolongation of and along the westerly prolongation of Drexmore Road, 65.91 feet to the Whereas, this Council is satisfied Drexmore Road, 65.91 feet to the westerly line of East 128th Street; that there is good cause for vacat- westerly line of East 128th Street; Thence North 04°-16'-45" East ing Engel Ct. S.E., Woolen Ct. S.E., Thence North 04°-16'-45" East along the westerly line of East and Recreation Ct. S.E., hereinafter along the westerly line of East 128th Street, 165.61 feet to a point of described and that it will not be 128th Street, 165.61 feet to a point of curvature; detrimental to the general interest curvature; Thence along the curved turnout and ought to be made; and Thence along the curved turnout of East 128th Street deflecting to the Whereas, this ordinance consti- of East 128h Street deflecting to the left, an arc of 65.54 feet, said curve tutes an emergency measure provid- left, an arc of 65.54 feet, said curve having a radius of 40.00 feet and a ing for the usual daily operation of having a radius of 40.00 feet and a chord that bears North 42°-39'-38" a municipal department; now, there- chord that bears North 42°-39'-38" West, 58.45 feet to a point in the fore West, 58.45 feet to a point in the southerly line of Williams Avenue; Be it ordained by the Council of southerly line of Williams Avenue; Thence South 89°-36'-00" West the City of Cleveland: Thence South 89°-36'-00" West along the southerly line of Williams Section 1. That all that portion of along the southerly line of Williams Avenue, 53.55 feet to a point; ENGEL COURT S.E., (15.00 feet Avenue, 53.55 feet to a point; Thence North 00°-24'-00" West, wide), extending Westerly from the Thence North 00°-24'-00" West, 25.00 feet to the principle place of Westerly line of Broadway S.E. 25.00 feet to the principle place of beginning and containing 0.1215 (60.00 feet wide), to the Westerly beginning and containing 0.1215 acres of land with Williams Avenue line of Woolen Court S.E. (14.00 feet acres of land with Williams Avenue and 0.2238 acres of land with East wide); AND, being all that portion and 0.2238 acres of land with East 128th Street as calculated and of WOOLEN COURT S.E., (14.00 feet 128th Street as calculated and described by North Coast Engineer- wide), extending Southerly from the described by North Coast Engineer- ing and Surveying Co., in May, 2000, Northerly line of Engel Court S.E. ing and Surveying Co., in May, 2000, be the same more or less, but sub- (15.00 feet wide), to the Southerly be the same more or less, but sub- ject to all legal highways. line of Recreation Court S.E. (10.00 ject to all legal highways, be and That no structures shall be here- feet wide); AND, being all that por- the same is hereby vacated. after erected on the premises tion of RECREATION COURT S.E., Section 2. That there be and here- described in this easement except (10.00 feet wide), extending Easter- by is reserved to the City of Cleve- those constructed in accordance ly from the Westerly line of Woolen land easements to the Division of with the approval of, and in com- Court S.E., (14.00 feet wide), to the Water, Dominion East Ohio Gas, pliance with, plans approved by the Westerly line of Broadway S.E. Division of Water Pollution Con- Dominion East Ohio Gas Company, (60.00 feet wide), be and the same trol, and the Division of Cleveland the Division of Fire, Division of is hereby vacated. 846 April 24, 2002 The City Record 35

Section 2. That the Clerk of Coun- pal place of beginning, as appears and more particularly described as cil be and she is hereby directed to by said plat, be the same more or follows, to wit: notify the Auditor of Cuyahoga less, but subject to all legal high- Beginning at a point on the County of the vacation of all that ways. Southerly line of Becker Street, portion Engel Court S.E., Woolen (now Linwood Avenue, N.E.) distant Court S.E., and Recreation Court 6909 Lexington Avenue N.E. Westerly 155 feet from the Wester- S.E., herein provided by sending him Permanent Parcel No. 106-13-068 ly line of Russell Avenue, (now a copy of this ordinance. Situated in the City of Cleveland, East 70th Street, N.E.); thence Section 3. That this ordinance is County of Cuyahoga and State of Southerly parallel with East 70th hereby declared to be an emergency Ohio and known as being part of Street, N.E. 113.73 feet to the South- measure and, provided it receives Sublots Nos. 121, 122, and 123 in erly line of Sublot No. 127, thence the affirmative vote of two-thirds of Streator and Adams’ Subdivision of Westerly along said Southerly line all the members elected to Council, part of Original 100 Acre Lots Nos. 261 feet to the Southwesterly corner it shall take effect and be in force 338 and 341, as shown by the of said Sublot No. 127; thence North- immediately upon its passage and recorded plat in Volume 4 of Maps, erly along the Westerly line of approval by the Mayor; otherwise it Page 4 of Cuyahoga County Sublot Nos. 127 and 128, 113.84 feet shall take effect and be in force Records, and together forming a to the Southerly line of Linwood from and after the earliest period parcel of land bounded and Avenue, N.E.; thence Easterly along allowed by law. described as follows: the Southerly line of Linwood Ave- Passed April 15, 2002. Beginning on the Northerly line of nue, N.E., 26.2 feet to the place of Effective April 22, 2002. Lexington Avenue N.E., at a point beginning according to the survey distant 148.07 feet Westerly, mea- of J. F. Brown made August, 1898. sured along said Northerly line, from its intersection with the West- P. P. No. 106-13-042 Ord. No. 220-02. erly line of East 70th Street; Situated in the City of Cleveland, By Councilmen Johnson and Cim- Thence Northerly and parallel County of Cuyahoga and State of perman (by departmental request). with the Westerly line of East 70th Ohio, and known as being part of An emergency ordinance authoriz- Street, 96.15 feet; Sublot Nos. 127 and 128 in Streator ing the Commissioner of Purchases Thence Easterly and parallel with and Adams’ Subdivision, of part of and Supplies to purchase sites adja- the Northerly line of Lexington Original One Hundred Acre Lots cent to League Park for expansion Avenue N.E., 29.25 feet; Nos. 338 and 341, as shown by the purposes, for the Department of Thence Northerly and parallel recorded plat in Volume 4 of Maps, Parks, Recreation and Properties. with the Westerly line of East 70th Page 4 of Cuyahoga County Records Whereas, this ordinance consti- Street, 5 feet to the Southerly line and bounded and described as fol- tutes an emergency measure provid- of said Sublot No. 123; lows: ing for the usual daily operation of Thence Easterly along the Beginning on the Southerly line of a municipal department; now, there- Southerly line of said Sublot No. 123 Linwood Avenue, N.E., (formerly fore, about 30.82 feet to a point distant 88 Becker Street), at a point which is Be it ordained by the Council of feet Westerly, measured along the 127 feet Westerly measured along the City of Cleveland: Southerly line of said Sublot No. 123, the Southerly line of said Linwood Section 1. That notwithstanding from the Westerly line of East 70th Avenue, N.E., from its point of inter- and as an exception to the provi- Street; section with the Westerly line of sions of Chapter 181 and 183 of the Thence Northerly and parallel East 70th Street, (formerly Russell Codified Ordinances of Cleveland, with the Westerly line of East 70th Street); thence Southerly on a line Ohio, 1976, the Commissioner of Pur- Street, 50.55 feet to the Northerly parallel with the Westerly line of chases and Supplies is hereby autho- line of said Sublot No. 123; said East 70th Street about 112 feet rized to purchase the following Thence Westerly along the to the Southerly line of said Sublot described property for the purpose Northerly line of said Sublot No. 123, No. 127; thence Westerly along the of expanding League Park: 93.25 feet to the Northwesterly cor- Southerly line of said Sublot No. 127, ner thereof; 28 feet; thence Northerly on a line 1654 East 70th Street (Rear) Thence Southerly along the West- parallel to first described line about Permanent Parcel No. 106-13-070 erly line of said Sublots Nos. 123, 112 feet to the Southerly line of said Situated in the City of Cleveland, 122, and 121, 151.92 feet to the Linwood Avenue, N.E., thence East- County of Cuyahoga and State of Northerly line of Lexington Avenue erly along the Southerly line of said Ohio and known as being part of N.E.; Linwood Avenue, N.E., 28 feet to the Sublot No. 124 in W.S. Streator and Thence Easterly along the North- place of beginning, be the same D. Adams Subdivision of part of erly line of Lexington Avenue N.E., more or less, but subject to all legal Original One Hundred Acre Lots 33.18 feet to the place of beginning, highways. Nos. 338 and 341 as shown by the be the same more or less, but sub- recorded plat in Volume 4 of Maps, ject to all legal highways. 6912 Linwood Avenue, N.E. Page 4 of Cuyahoga County Records P. P. No. 106-13-043 and bounded and described as fol- 6904 Linwood Avenue Situated in the City of Cleveland, lows: P. P. No. 106-13-040 County of Cuyahoga and State of Beginning on the Westerly line of Situated in the City of Cleveland, Ohio, and known as being part of East 70th Street, formerly known as County of Cuyahoga and State of Sublot Nos. 127 and 128 in W.S. Russell Avenue, at the Southeaster- Ohio, and known as being the East- Streator and D. Adams’ Subdivision ly corner of said Sublot No. 124; erly one-half of Sublot No. 132 in of part of Original One Hundred Thence Northerly along the West- Streator and Adams’ Subdivision of Acre Lots Nos. 338 and 341 as shown erly line of East 70th Street, 17 feet part of Original One Hundred Acre by the recorded plat in Volume 4 of to the Southeasterly corner of land Lots Nos. 338 and 341, as shown by Maps, Page 4 of Cuyahoga County conveyed to Marie Posey by deed the recorded plat of said Subdivision Records, bounded and described as dated March 27, 1974 and recorded in Volume 4 of Maps, Page 4 of follows: in Volume 13682, Page 319 of Cuya- Cuyahoga County Records. Said Beginning on the Southerly side hoga County Records; Easterly one-half of said Sublot No. of Linwood Avenue, N.E., (formerly Thence Westerly along the 132 has a frontage of 30 feet on the Beecher Street), at a point 100 feet Southerly line of land conveyed to Southerly side of Linwood Avenue, Westerly from its point of intersec- Marie Posey 95.60 feet to the South- N.E., and extends back of equal tion with the Westerly line of East westerly corner thereof; width 206 feet deep, be the same 70th Street (formerly Russell Ave- Thence Northerly along the West- more or less, but subject to all legal nue), thence Southerly on a line erly line of land, 33 feet to the highways. parallel to the Westerly line of Northerly line of said Sublot No. 124; East 70th Street 112 feet to the Thence Westerly along the 6908 Linwood Avenue Southerly line of said Sublot No. Northerly line of said Sublot No. 124, P. P. No. 106-13-041 127; thence Westerly along said a distance of 84.40 feet to the North- Situated in the City of Cleveland, Southerly line of Sublot No. 127, 27 westerly corner thereof; County of Cuyahoga and State of feet; thence Northerly on a line par- Thence Southerly along the West- Ohio, and known as being part of allel to said Westerly line of East erly line of said Sublot No. 124, a Sublot Nos. 127 and 128 in Streator 70th Street, 112 feet to the Souther- distance of 50 feet to the South- and Adams’ Subdivision, of part of ly line of Linwood Avenue, N.E, westerly corner thereof; Original One Hundred Acre Lots thence Easterly along said Souther- Thence Easterly along the Nos. 338 and 341 as shown by the ly line of Linwood Avenue, N.E., 27 Southerly line of said Sublot No. 124, recorded plat in Volume 4 of Maps, feet to the place of beginning a distance of 180 feet to the princi- Page 4 of Cuyahoga County Records according to the survey of J.F. 847 36 The City Record April 24, 2002

Brown made August 1898, be the Section 2. That the Director of Ord. No. 366-02. same more or less, but subject to Parks, Recreation and Properties is By Councilmen Britt, Gordon and all legal highways. hereby authorized to execute on Jackson (by departmental request). behalf of the City of Cleveland all An emergency ordinance authoriz- 1644 East 70th Street necessary documents to acquire ing the Director of Economic Devel- P. P. No. 106-13-071 such property and to employ and opment to enter into an Acquisition Situated in the City of Cleveland, pay all fees for title companies, sur- and Development Loan with Fairfax County of Cuyahoga and State of veys, escrows, appraisers, environ- Renaissance Development Corpora- Ohio, and known as being the mental audits, and all other costs tion to provide economic develop- Southerly one half of Sublot No. 125 necessary for the acquisition of such ment to partially finance the acqui- in Streator and Adams’ Subdivision property. sition, remediation, demolition and of part of Original One Hundred Section 3. That the consideration for all other predevelopment costs to Acre Lots Nos. 338 and 341, as shown to be paid for such property shall enable the redevelopment and the by the recorded plat in Volume 4 of not exceed its fair market value. elimination of slum and blight on Maps, Page 4 of Cuyahoga County Section 4. That all costs of acqui- property located in the area bound- Records, and being 25 feet front on sition of real property shall be paid ed by Quincy Avenue, Keyes the Westerly side of East 70th Street from Fund Nos. 17 SF 003 and 10 SF Avenue, East 79th Street and East (formerly Russell Street) and 501, Request No. 107912. 82nd Street, Cleveland, Ohio. extending back of equal width 180 Section 5. That this ordinance is Whereas, this ordinance consti- feet, as appears by said plat, be the hereby declared to be an emergency tutes an emergency measure provid- same more or less, but subject to all measure and, provided it receives ing for the usual daily operation of legal highways. the affirmative vote of two-thirds of a municipal department; now, there- all the members elected to Council, fore, 1632 East 70th Street it shall take effect and be in force Be it ordained by the Council of P. P. No. 106-13-074 immediately upon its passage and the City of Cleveland: Situated in the City of Cleveland, approval by the Mayor; otherwise it Section 1. That the Director of County of Cuyahoga and State of shall take effect and be in force Economic Development is hereby Ohio, and known as being part of from and after the earliest period authorized to enter into an Acquisi- Sublot No. 127 in Streator and allowed by law. tion and Development Loan with Adams’ Subdivision of part of Orig- Passed April 15, 2002. Fairfax Renaissance Development inal One Hundred Acre Lots Nos. Effective April 22, 2002. Corporation to partially finance the 338 and 341, as shown by the acquisition, remediation, demolition recorded plat in Volume 4 of Maps, and for all other predevelopment Page 4 of Cuyahoga County costs to enable the redevelopment Records, and bounded and Ord. No. 228-02. and the elimination of slum and described as follows: By Councilmen Gordon, Cimper- blight on property located in the Beginning at a point on the West- man and Jackson (by departmental area bounded by Quincy Avenue, erly line of East 70th Street, (for- request). Keyes Avenue, East 79th Street and merly Russell Avenue), at a point An emergency ordinance authoriz- East 82nd Street, Cleveland, Ohio. distance 85 feet Southerly, measured ing the Directors of Economic Devel- Section 2. That the terms of said along said Westerly line, from its opment and the City Planning Com- loan shall be in accordance with the terms as set forth in the Summary intersection with the Southerly line mission to apply for and accept a contained in File No. 366-02-A. of Linwood Avenue, N.E. (formerly grant from the Economic Develop- Section 3. That the costs of said Beecher Street), thence Westerly ment Administration, Department of parallel with the Southerly line of contract shall not exceed Commerce for the Economic Adjust- $1,417,920.00 and shall be paid from Linwood Avenue, N.E. (formerly ment Strategy Grant. Fund Nos. 18 SF 001 and 18 SF 003, Beecher Street) 100 feet; thence Whereas, this ordinance consti- Request No 103951. Southerly parallel with the Wester- tutes an emergency measure provid- Section 4. That the Director of ly line of East 70th Street, 28-5/10 ing for the usual daily operation of Economic Development is hereby feet to the Southerly line of said a municipal department; now, there- authorized to accept collateral as Sublot No. 127; thence Easterly fore, set forth in the summary contained along the Southerly line of said Be it ordained by the Council of in the file referenced herein in order Sublot No. 127; 100 feet to the West- the City of Cleveland: to secure repayment of said loan. erly line of East 70th Street; thence Section 1. That the Directors of Any security instrument shall be Northerly along said Westerly line Economic Development and the City prepared and approved by the Direc- of East 70th Street, 28.07 feet to the Planning Commission are hereby tor of Law. place of beginning, according to the authorized to apply for and accept Section 5. That the Director of Survey of J.F. Brown, made August a grant in the amount of $600,000, Economic Development is hereby 1898, as appears by said plat, be the from the Economic Development authorized to accept monies in re- same more or less, but subject to all Administration, Department of Com- payment of the loan and to deposit legal highways. merce, to conduct the Economic said monies in Fund No. 18 SF 002. Adjustment Strategy Grant, for the Section 6. That the Director of 1630 East 70th Street purposes set forth in the application Economic Development is hereby P. P. No. 106-13-075 and according thereto; that the authorized to charge and accept fees Situated in the City of Cleveland, Directors of Economic Development in an amount not to exceed the max- County of Cuyahoga and State of and the City Planning Commission imum allowable fees under federal Ohio, and known as being part of are hereby authorized to file all regulations and such fees are here- Sublot No. 127 in the Streator and papers and execute all documents by appropriated to cover costs Adams Subdivision of part of Orig- necessary to receive the funds under incurred in the preparation of the inal One Hundred Acre Lots Nos. said grant; and that said funds be loan application, closing and servic- 338 and 341, as shown by the and they hereby are appropriated ing of the loan. Such fees shall be recorded plat in Volume 4 of Maps, for the purposes set forth in the deposited and expended from fund Page 4 of Cuyahoga County application for said grant. No. 18 SF 004. Records and bounded and described Section 2. That the application for Section 7. That the Director of as follows: said grant, File No. 228-02-A, made a Law is hereby authorized to prepare Beginning at a point on the West- part hereof as if fully rewritten said contract and such other docu- erly line of East 70th Street (for- herein, is hereby approved in all ments as may be appropriate to com- merly Russell Avenue) distant South- respects. plete the transaction. erly 55 feet from the Southerly Section 3. That this ordinance is Section 8. That this ordinance is line of Linwood Avenue (formerly hereby declared to be an emergency hereby declared to be an emergency Beecher Street); thence Westerly measure and, provided it receives measure and, provided it receives parallel with Linwood Avenue, 100 the affirmative vote of two-thirds of the affirmative vote of two-thirds of feet; thence Southerly parallel with all the members elected to Council, all the members elected to Council, East 70 Street, 30 feet; thence East- it shall take effect and be in force it shall take effect and be in force erly parallel with Linwood Avenue, immediately upon its passage and immediately upon its passage and 100 feet to the Westerly line of East approval by the Mayor; otherwise it approval by the Mayor; otherwise it 70th Street; thence Northerly along shall take effect and be in force shall take effect and be in force said Westerly line, 30 feet to the from and after the earliest period from and after the earliest period place of beginning, be the same allowed by law. allowed by law. more or less, but subject to all legal Passed April 15, 2002. Passed April 15, 2002. highways. Effective April 22, 2002. Effective April 22, 2002. 848 April 24, 2002 The City Record 37

Ord. No. 406-02. the Ohio Manual of Uniform Traffic Section 6. That the Council of the By Councilmen Cimperman, Cin- Control Devices pursuant to the pro- City hereby requests the State to tron, Gordon, Sweeney and Jackson visions of Section 4511.11 and relat- proceed with the Improvement. (by departmental request). ed sections of the Ohio Revised Section 7. That, pursuant to Sec- An emergency ordinance giving Code; and tion 167 of the Charter of the City consent of the City of Cleveland for (e) Regulate parking by main- of Cleveland, it is hereby deter- the resurfacing of West 25th Street taining existing parking restrictions mined to make the public improve- between Brooklyn-Brighton Bridge within the limits of the Improve- ment described in Section 1 of this and Detroit Avenue; and authorizing ment. ordinance, for the Department of the Director of Public Service to Section 5. a) That all existing Public Service, by contract duly let enter into any agreements relati v e streets and public rights-of-way to the lowest responsible bidder thereto; determining the method of within the City which are necessary after competitive bidding upon a making said public improvement; for the Improvement shall be made unit basis for the Improvement. authorizing the Director of Public available therefor. Section 8. That the Director of Service to enter into contract for the b) That in the event any addi- Public Service is hereby authorized making of such improvement; autho- tional right-of-way is required for to enter into contract for the mak- rizing said Director to enter into a the Improvement, the Director of ing of the above public improvement Local Project Administration agree- Public Service will arrange for the with the lowest responsible bidder ment with the Ohio Department of acquisition thereof. after competitive bidding upon a Transportation regarding the public c) That arrangements have been unit basis for the Improvement pro- improvement; and authorizing the or will be made with and agree- Director of Public Service to apply vided however, that each separate ments obtained from all public util- trade and each distinct component for and accept a grant from the Ohio ity companies whose lines or struc- Department of Transportation to part of said Improvement may be tures will be affected by the treated as a separate Improvement, partially finance the public improve- Improvement, that said companies and each, or any combination, of ment. have agreed to make any and all such trades or components may be Whereas, this ordinance consti- necessary rearrangements in such the subject of a separate contract tutes an emergency measure provid- manner as to be clear of any con- upon a unit basis. ing for the usual daily operation of struction called for by the plans for a municipal department; now, there- the Improvement and that said com- Section 9. That the Director of fore, panies have agreed to make such Public Service is hereby authorized Be it ordained by the Council of necessary rearrangements immedi- to apply for and accept a grant in the City of Cleveland: ately after notification by the City the estimated amount of $630,000.00, Section 1. That it is declared to be or the State of Ohio. from the Ohio Department of in the public interest that the con- d) That the City, at its own Transportation for economic assis- sent of the City of Cleveland is here- expense, shall make all rearrange- tance necessary to partially by given to the Director of Trans- ments of water mains, service lines, finance the Improvement described portation of the State of Ohio (the fire hydrants, valve boxes, sanitary in Section 1 of this ordinance; that “Director of Transportation”) to sewers or other City-owned utilities the Director of Public Service is make the following improvements in and appurtenances thereto which do hereby authorized to file all papers accordance with the plans, specifi- not comply with the provisions of and execute all documents neces- cations and estimates approved by ODOT Directive No. 38-A, whether sary to receive the funds under said Director of Transportation: The inside or outside the corporate lim- said grant; and that said funds be resurfacing of West 25th Street its of the City, as may be necessary and they hereby are appropriated between Brooklyn-Brighton Bridge to conform to the Improvement, and for this purpose. and Detroit Avenue (the “Improve- that said rearrangements shall be Section 10. That the Director of ment”). done at such time as requested by Public Service is authorized to enter Section 2. That the City hereby the State. into a Local Project Administration proposes to cooperate with the e) That the construction, recon- Agreement with the Director of Director of Transportation in the struction and rearrangement of all Transportation necessary to effect cost of the Improvement by assum- utilities shall be done in such a the Improvement. ing and contributing the entire cost Section 11. That this Council and expense of the Improvement manner as not to interfere unduly with the operations of the contrac- hereby authorizes payment to the less the amount of funds set aside State for the City’s share of the cost by the Director of Transportation tor or contractors constructing the of the Improvement, to be paid from for the financing of the Improve- Improvement, and all backfilling of Fund Nos. 10 SF 057, 11 SF 006, 20 ment. The entire cost of engineering trenches made necessary by such SF 181, 20 SF 190, 20 SF 302, 20 SF shall be borne by the City of Cleve- utility rearrangement shall be per- 312, 20 SF 322, 20 SF 334, 20 SF 342, land. formed in accordance with the pro- Section 3. That the Director of visions of the ODOT Construction 20 SF 353, 20 SF 364, 20 SF 373, 20 Public Service is hereby authorized and Material Specifications and SF 380, from the fund or funds to to enter into such agreements as are shall be subject to approval by the which are credited the proceeds of necessary to complete the planning State. the sale of general obligation bonds and construction of the Improve- f) That the City hereby agrees authorized for this purpose, and ment, which agreements shall con- that the State of Ohio shall be and from the fund or funds to which are tain such terms and conditions as hereby is saved harmless from any credited the proceeds of the grant the Director of Law determines and all damages or claims for which accepted pursuant to Section 9 of shall best protect the public inter- it is legally liable arising from or this ordinance and are appropriat- est. growing out of the certification or ed for this purpose, Request No. Section 4. That upon completion of obligations made or agreed to in 1 1 3 8 5 2 . the Improvement, the City thereafter this section. Section 12. That the Clerk of will: g) That stop signs affecting the Council is hereby authorized to (a) Keep the affected highway movement of traffic on any street transmit to the Director of Trans- open to traffic at all times; within the limits of the Improve- portation three (3) certified copies (b) Maintain the Improvement in ment shall be removed and no stop of this ordinance immediately upon accordance with the provisions of signs will be erected on same except the taking effect thereof, and it the statutes relating thereto and at intersections with another shall become the basis for proceed- make ample financial and other pro- through highway where traffic does ing with the Improvement. visions for such maintenance; not warrant the installation of a Section 13. That this ordinance is ( c ) Maintain the right-of-way and traffic control signal but where the hereby declared to be an emergency keep it free of obstruction in a warrants for a "Four-Way Stop" as measure and, provided it receives manner satisfactory to the Director provided in the aforesaid Manual the affirmative vote of two-thirds of of Transportation and hold said are met. all the members elected to Council, right-of-way inviolate for public h) That no rule or regulation may it shall take effect and be in force highway purposes and permit no be enacted restricting the use of the immediately upon its passage and signs, posters, billboards, roadside Improvement by any class of vehi- approval by the Mayor; otherwise it stands or other private installations cle or vehicle load permitted by the shall take effect and be in force within the limits of the right-of- Ohio Revised Code to use a public from and after the earliest period w a y ; highway. Any existing rule or reg- allowed by law. (d) Place and maintain all traffic ulation so restricting road usage is Passed April 15, 2002. control devices in accordance with hereby rescinded. Effective April 22, 2002. 849 38 The City Record April 24, 2002

Ord. No. 407-02. for the Improvement shall be made k) That no rule or regulation may By Councilmen Cimperman, Swee- available therefor. be enacted restricting the use of the ney and Jackson (by departmental b) That in the event any addi- Improvement by any class of vehi- request). tional right-of-way is required for cle or vehicle load permitted by the An emergency ordinance giving the Improvement, the County will Ohio Revised Code to use a public consent of the City of Cleveland for arrange for the acquisition thereof. highway. Any existing rule or reg- the rehabilitation of West 14th c) That the County shall continue ulation so restricting road usage is Street between Jennings Freeway to maintain the structural elements hereby rescinded. ramp and Abbey Avenue to the of any bridge (defined as a struc- Section 6. That the Council of the County of Cuyahoga; authorizing ture with a span of twenty (20) feet City hereby requests the Board to the Director of Public Service to or greater) within the limits of the County Commissioners to proceed enter into any agreements relative Improvement in accordance with with the Improvement. thereto; and to apply for and accept applicable sections of the Ohio Section 7. That the Director of an allocation of County Motor Vehi- Revised Code. Public Service is hereby authorized cle License Tax Funds for the d) That the street within the lim- to enter into an agreement with the improvement; and authorizing the its of the Improvement is hereby Board of Commissioners of the Director of Public Service to cause designated a through highway with- County concerning the financing of payment of the City’s share to the in the meaning of Section 4511.07(F) the Improvement, which agreement County of Cuyahoga for the cost of of the Ohio Revised Code. shall contain without limitation the improvement. e) That arrangements have been terms substantially similar to the Whereas, this ordinance consti- or will be made with and agree- following: tutes an emergency measure provid- ments obtained from all public util- a) That the County will arrange ing for the usual daily operation of ity companies whose lines or struc- for the preparation of construction a municipal department; now, there- tures will be affected by the plans and specifications for the fore, Improvement, that said companies Improvement, including necessary Be it ordained by the Council of have agreed to make any and all engineering reports, under current the City of Cleveland: necessary rearrangements in such County Engineer standards for con- Section 1. That it is declared to be manner as to be clear of any con- struction of County roads and in the public interest that the con- struction called for by the plans for bridges. sent of the City of Cleveland is here- the Improvement and that said com- b) That the County will arrange by given to the County of Cuyahoga panies have agreed to make such for the supervision and administra- (the “County”) to construct the fol- necessary rearrangements immedi- tion of the construction contract for lowing improvement in accordance ately after notification by the City the Improvement, and will review with plans, specifications and esti- or the County. the construction plans for confor- mates approved by the County: The f) That the City, at its own mance with division a) of this sec- rehabilitation of West 14th Street expense, shall make all rearrange- tion and make an inspection of the between Jennings Freeway ramp ments of water mains, service lines, completed project. and Abbey Avenue (the “Im- fire hydrants, valve boxes, sanitary c ) That if, by ordinance of this provement”). sewers or other City-owned utilities Council, the City requests the Coun- Section 2. That the City hereby and appurtenances thereto which do ty, to include in the Improvement proposes to cooperate with the not comply with the provisions of the construction of sanitary sewers, County in the cost of the Improve- ODOT Directive No. 28-A, whether water lines, sewers for drainage of ment by assuming and contributing inside or outside the corporate lim- the area surrounding the Improve- the entire cost and expense of the its of the City, as may be necessary ment, sidewalks, alternate bid Improvement less any funds admin- to conform to the Improvement, and items or other items that are in istered by the Ohio Public Works that said rearrangements shall be addition to those now existing in Commission which are used for the done at such time as requested by the plans for the Improvement and Improvement, and less the County’s the County. not provided for elsewhere in the portion of the cost of the Improve- g ) That the County will partici- agreement, the County will do so, ment. pate in the costs of alterations of provided that the construction of Section 3. That the Director of governmentally-owned utility facil- such additional items is approved Public Service is hereby authorized ities which come within the provi- by the County and the City, and to enter into such agreements with sions of ODOT Directive No. 28-A the County as are necessary to com- to the same extent that it partici- provided further that the City plete the planning and construction pates in the other costs of the agrees to pay or cause to be paid of the Improvement. Improvement, provided that such the cost of said additional con- Section 4. That upon completion of participation will not extend to struction and of preliminary and the Improvement, the City thereafter additions or betterments of exist- design engineering therefor, but will: ing facilities. the City shall not be responsible for a) Keep the affected highway h) That the construction, recon- the cost of supervision of said addi- open to traffic at all times; struction and rearrangement of all tional construction. b) Maintain the Improvement in utilities shall be done in such a d) That the City hereby agrees to accordance with the provisions of manner as not to interfere unduly participate with the County in the the statutes relating thereto and with the operations of the contrac- cost of the Improvement by an allo- make ample financial and other pro- tor constructing the Improvement, cation from the County Motor Vehi- visions for such maintenance; and all backfilling of trenches made cle License Tax fund to pay the c ) Maintain the right-of-way and necessary by such utility rearrange- County portion of the project. keep it free of obstruction in a man- ment shall be performed in accor- e) That if the project is financed ner satisfactory to the County, hold dance with the provisions of the as a Federal-aid project, eligible said right-of-way inviolate for pub- ODOT Construction and Material costs of the Improvement shall be lic highway purposes and permit no Specifications and shall be subject financed from the aforesaid funds. signs, posters, billboards, roadside to approval by the County. f ) That within the corporate lim- stands or other private installations i) That the City hereby agrees its of the City, the City hereby within the limits of the right-of- that the County shall be and here- agrees to contribute twenty percent w a y ; by is saved harmless from any and (20%) of the cost of construction, d) Place and maintain all traffic all damages or claims arising from construction supervision, right-of- control devices in accordance with or growing out of the certification way, and incidentals and forty per- the Ohio Manual of Uniform Traffic or obligations made or agreed to in cent (40%) of the cost of prepara- Control Devices pursuant to the pro- divisions a), b), e), f) and h), of this tion of plans and specifications. visions of Section 4511.11 and relat- section. That the City hereby agrees to ed sections of the Ohio Revised j) That stop signs affecting the deposit with the Treasurer of Cuya- Code; and movement of traffic on any street hoga County the City’s share of the e) Prohibit all parking within the within the limits of the Improve- estimated cost of the project or the limits of the roadway which is a ment shall be removed and no stop Director of Public Service is here- part of the Improvement in accor- signs will be erected on same except by authorized to enter into an dance with Section 4511.66 of the at intersections with another escrow agreement with the Board Ohio Revised Code, unless otherwise through highway where traffic does of County Commissioners prior to controlled by City ordinance or res- not warrant the installation of a an award of a contract for the olution. traffic control signal but where the i m p r o v e m e n t . Section 5. a) That all existing warrants for a “Four-way Stop” as Section 8. That the Director of streets and public rights-of-way provided in the aforesaid Manual Public Service is hereby authorized within the City which are necessary are met. to apply to the County for an allo- 850 April 24, 2002 The City Record 39 cation from the County Motor Vehi- between West 65th Street and West not comply with the provisions of cle License Tax fund to pay the 25th Street in the City of Cleveland, ODOT Directive No. 38-A, whether County portion of the project, and to (the “Improvement”). inside or outside the corporate lim- enter into such agreements with the Section 2. That the City hereby its of the City, as may be necessary County as are necessary to finance proposes to cooperate with the to conform to the Improvement, and the Improvement. Director of Transportation in the that said rearrangements shall be Section 9. That the Director of cost of the Improvement by assum- done at such time as requested by Public Service is hereby authorized ing and contributing twenty percent the State. to apply to the County Board of (20%) of the cost and expense of e) That the construction, recon- Commissioners for approval to use the construction phase of this struction and rearrangement of all County Motor Vehicle License Tax improvement determined to be eligi- utilities shall be done in such a funds to pay for the Improvement, ble for State Highway Fund. In manner as not to interfere unduly to accept said funds and to file all addition, the City agrees to assume with the operations of the contrac- papers and execute all documents and contribute one hundred percent tor or contractors constructing the necessary to receive said funds; and (100%) of the cost of any work Improvement, and all backfilling of that said funds be and are hereby included in the construction con- trenches made necessary by such appropriated for the purposes set tract, at the request of the City, utility rearrangement shall be per- forth above. which are in addition to those now formed in accordance with the pro- Section 10. That this Council existing and not provided for else- visions of the ODOT Construction hereby authorizes payment to the where in the Agreement. and Material Specifications and State for the City’s share of the cost Section 3. That the Director of shall be subject to approval by the State. of the Improvement, to be paid from Public Service is hereby authorized to enter into such agreements with f) That the City hereby agrees to Fund Nos. 11 SF 006, 20 SF 181, 20 the Director of Transportation as accept responsibility for any and all SF 190, 20 SF 302, 20 SF 312, 20 SF are necessary to complete the plan- damages or claims for which it is 322, 20 SF 334, 20 SF 342, 20 SF 352, ning and construction of the legally liable arising from the neg- 20 SF 364, 20 SF 373, 20 SF 380, and Improvement. ligence of its officers, employees or from the fund or funds to which are Section 4. That upon completion of agents in the performance of the credited the proceeds of the sale of the Improvement, the City thereafter City’s obligations made or agreed to general obligation bonds authorized will: in this section. for this purpose, Request No. (a) Keep the affected highway g) That stop signs affecting the 1 1 3 8 4 2 . open to traffic at all times; movement of traffic on any street Section 11. That the Clerk of Coun- (b) Maintain the Improvement in within the limits of the Improve- cil is hereby authorized and direct- accordance with the provisions of ment shall be removed and no stop ed to transmit to the County three the statutes relating thereto and signs will be erected on same except (3) certified copies of this ordinance make ample financial and other pro- at intersections with another immediately upon the taking effect visions for such maintenance; through highway where traffic does thereof, and it shall become the (c) Maintain the right-of-way and not warrant the installation of a basis for proceeding with the keep it free of obstruction in a man- traffic control signal but where the Improvement. ner satisfactory to the Director of warrants for a “Four-Way Stop” as Section 12. That this ordinance is Transportation and hold said right- provided in the aforesaid Manual hereby declared to be an emergency of-way inviolate for public highway are met. measure and, provided it receives purposes and permit no signs, h) That no rule or regulation may the affirmative vote of two-thirds of posters, billboards, roadside stands be enacted restricting the use of the all the members elected to Council, or other private installations within Improvement by any class of vehi- it shall take effect and be in force the limits of the right-of-way; cle or vehicle load permitted by the immediately upon its passage and (d) Place and maintain all traffic Ohio Revised Code to use a public approval by the Mayor; otherwise it control devices in accordance with highway. Any existing rule or reg- shall take effect and be in force the Ohio Manual of Uniform Traffic ulation so restricting road usage is from and after the earliest period Control Devices pursuant to the pro- hereby rescinded. allowed by law. visions of Section 4511.11 and relat- i) That the installation of all util- Passed April 15, 2002. ed sections of the Ohio Revised ity facilities on the right-of-way Effective April 22, 2002. Code; and shall conform with the requirements (e) Regulate parking by main- of Title 23 CFR 645 and the ODOT taining existing parking restrictions Utilities Manual. within the limits of the Improve- Section 6. That the Council of the Ord. No. 408-02. ment. City hereby requests the State to By Councilmen Cimperman, Zone, Section 5. a) That all existing proceed with the Improvement. Sweeney and Jackson (by depart- streets and public rights-of-way Section 7. That this Council here- mental request). within the City which are necessary by authorizes payment to the State An emergency ordinance giving for the Improvement shall be made for the City’s share of the cost of consent of the City of Cleveland for available therefor. the Improvement, to be paid from the resurfacing of Detroit Avenue b) That the City agrees that all Fund Nos. 11 SF 006, 20 SF 181, 20 between West 65th Street and West right-of-way required for the de- SF 190, 20 SF 302, 20 SF 312, 20 SF 25th Street to the State of Ohio; and scribed project will be acquired 322, 20 SF 334, 20 SF 342, 20 SF 353, authorizing the Director of Public and/or made available in accor- 20 SF 364, 20 SF 373, 20 SF 380 and dance with current State and Fed- from the fund or funds to which are Service to enter into any agreements eral regulations. The City also credited the proceeds of the sale of relative thereto; and authorizing the understands that right-of-way costs general obligation bonds authorized Director of Public Service to cause include eligible utility costs. for this purpose, Request No. 113855. payment of the City’s share to the c) That arrangements have been Section 8. That the Clerk of Coun- State of Ohio for the cost of the or will be made with and agree- cil is hereby authorized to transmit improvement. ments obtained from all public util- to the Director of Transportation Whereas, this ordinance consti- ity companies whose lines or struc- three (3) certified copies of this tutes an emergency measure provid- tures will be affected by the ordinance immediately upon the tak- ing for the usual daily operation of Improvement, that said companies ing effect thereof, and it shall a municipal department; now, there- have agreed to make any and all become the basis for proceeding fore, necessary rearrangements in such with the Improvement. Be it ordained by the Council of manner as to be clear of any con- Section 9. That this ordinance is the City of Cleveland: struction called for by the plans for hereby declared to be an emergency Section 1. That it is declared to be the Improvement and that said com- measure and, provided it receives in the public interest that the con- panies have agreed to make such the affirmative vote of two-thirds of sent of the City of Cleveland is here- necessary rearrangements immedi- all the members elected to Council, by given to the Director of Trans- ately after notification by the City it shall take effect and be in force portation of the State of Ohio (the or the State of Ohio. immediately upon its passage and “Director of Transportation”) to d) That the City, at its own approval by the Mayor; otherwise it make the following improvements in expense, shall make all rearrange- shall take effect and be in force accordance with the plans, specifi- ments of water mains, service lines, from and after the earliest period cations and estimates approved by fire hydrants, valve boxes, sanitary allowed by law. said Director of Transportation: The sewers or other City-owned utilities Passed April 15, 2002. resurfacing of Detroit Avenue and appurtenances thereto which do Effective April 22, 2002. 851 40 The City Record April 24, 2002

Ord. No. 639-02. By Councilmen Lewis and Jackson (by departmental request). An emergency ordinance to amend Sections 8, 14, 16, 28, 30, 42, 44, 48 and 50 of Ordinance No. 469-02, passed April 1, 2002, relating to compensation for various classifications. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That Sections 8, 14, 16, 28, 30, 42, 44, 48 and 50 of Ordinance No. 469-02, passed April 1, 2002, are here- by amended to read, respectively, as follows:

Section 8. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant I...... $ 6.55 $17.26 2. Accountant II...... $ 7.27 $18.93 3. Accountant III...... $ 8.20 $20.99 4. Accountant Clerk I ...... $ 5.15 $13.98 5. Accountant Clerk II...... $ 5.46 $15.11 6. Activities Therapist...... $ 9.15 $13.29 7. AIDS Support Services Coordinator...... $10.49 $14.87 8. Air Pollution Control Engineer I...... $ 8.43 $22.19 9. Air Pollution Control Engineer II...... $ 8.96 $23.39 10. Air Pollution Control Engineer III...... $ 9.50 $24.64 11. Air Pollution Engineer...... $12.04 $17.33 12. Air Pollution Inspector I...... $12.12 $17.85 13. Air Pollution Inspector II...... $ 7.76 $19.91 14. Air Pollution Technician I...... $ 7.12 $18.93 15. Air Pollution Technician II...... $ 7.53 $19.91 16. Air Pollution Technician III...... $ 8.43 $22.19 17. Airport Information Representative...... $10.02 $14.50 18. Airport Operations Agent I...... $14.14 $17.93 19. Airport Operations Agent II...... $17.77 $21.10 20. Airport Safety Man...... $14.19 $18.34 21. Architect...... $ 9.73 $26.10 22. Associate Engineer...... $17.83 $24.41 23. Assistant Buyer...... $ 6.71 $18.11 24. Assistant City Planner...... $ 7.12 $18.93 25. Assistant Civil Engineer...... $ 7.12 $18.93 26. Assistant Electrical Engineer...... $ 7.12 $18.93 27. Assistant Mechanical Engineer...... $ 7.12 $18.93 28. Assistant Plan Examiner...... $13.42 $19.91 29 Associate Programmer...... $ 7.55 $20.29 30. Bacteriologist...... $ 7.96 $20.99 31. Bill Collector...... $10.02 $14.50 32. Building Inspector...... $14.26 $19.25 33. Camera Room Operator...... $ 6.04 $16.48 34. Caseworker I...... $ 5.90 $15.74 35. Caseworker II...... $ 6.55 $17.26 36. Cashier/Starter...... $ 6.36 $17.26 37. Chemist...... $ 8.90 $22.63 38. Chief Miscellaneous Investigator...... $ 7.53 $19.91 39. Citizens Information Representative...... $ 6.04 $16.48 40. Civil Engineer...... $ 9.50 $26.10 41. Claims Examiner...... $ 7.53 $19.91 42. Clerk Typist...... $ 7.62 $10.81 43. Clinical Laboratory Assistant...... $ 6.36 $16.48 44. Clinical Laboratory Technician I...... $ 7.12 $18.93 45. Clinical Laboratory Technician II...... $ 7.37 $20.29 46. Cocaine Treatment Counselor I...... $ 8.56 $15.67 47. Cocaine Intake Specialist...... $ 9.95 $14.11 48. Community Development Code Enforcement Inspector I...... $14.08 $21.00 49. Community Development Code Enforcement Inspector II...... $14.89 $22.19 50. Community Development Code Enforcement Inspector III...... $15.70 $23.39 51. Community Development Code Enforcement Inspector/Heating I...... $14.08 $21.00 52. Community Development Code Enforcement Inspection/Heating II...... $14.89 $22.19 852 April 24, 2002 The City Record 41

53. Community Development Code Enforcement Inspection/Heating III...... $15.70 $23.39 54. Community Development Code Enforcement Inspector/Refrigeration I...... $14.05 $21.00 55. Community Development Code Enforcement Inspector/Refrigeration II...... $14.89 $22.19 56. Community Development Code Enforcement Inspector/Refrigeration III...... $15.70 $23.39 57. Community Development Code Enforcement Inspector/Trainee...... $ 9.97 $16.94 58. Community Development Planner...... $ 9.87 $25.11 59. Community Health Aide...... $ 5.15 $13.98 60. Community Relations Representative I...... $ 6.04 $16.48 61. Community Relations Representative II...... $ 7.53 $19.91 62. Community Relations Representative III...... $ 9.51 $24.64 63. Composing Equipment Operator...... $ 6.71 $18.11 64. Computer Monitor Assistant...... $ 8.43 $11.97 65. Computer Operator...... $ 7.53 $19.91 66. Construction Technician...... $12.02 $19.11 67. Consumer Protection Specialist...... $ 5.73 $15.74 68. Contract and Monitoring Specialist...... $ 9.12 $21.07 69. Cook...... $11.38 $13.63 70. Copy Center Operator...... $ 5.67 $15.11 71. Cost Construction Estimator...... $ 8.34 $19.38 72. Customer Service Representative...... $10.03 $15.10 73. Data Control Clerk...... $ 5.24 $14.51 74. Data Conversion Operator...... $ 9.92 $13.14 75. Dental Assistant ...... $ 5.15 $13.70 76. Development Officer...... $ 8.96 $23.38 77. Dietician...... $ 9.08 $17.25 78. Drug and Alcohol Counselor...... $ 9.05 $12.83 79. Electrical Engineer...... $ 9.50 $26.10 80. Electronic Engineer...... $ 9.54 $26.57 81. Elevator Inspector...... $14.23 $21.00 82. Engineer...... $22.78 $29.71 83. Environmental Compliance Specialist I...... $14.95 $18.84 84. Environmental Compliance Specialist II...... $16.35 $19.78 85. Environmental Compliance Specialist III...... $17.90 $25.74 86. Environmental Enforcement Specialist I...... $14.95 $19.65 87. Environmental Enforcement Specialist II...... $16.35 $20.64 88. Environmental Enforcement Specialist III...... $17.90 $21.68 89. Environmental Monitoring Specialist I...... $13.33 $19.47 90. Environmental Monitoring Specialist II...... $14.18 $20.44 91. Environmental Monitoring Specialist III...... $15.74 $21.46 92. Environmental Technician...... $12.35 $15.75 93. Family Planning Clerk...... $ 7.22 $12.09 94. Financial Analyst...... $ 7.12 $18.93 95. Financial Counselor...... $ 7.94 $19.91 96. Fuel System Technician...... $ 9.23 $17.60 97. General Health Aide...... $ 5.15 $13.98 98. General Storekeeper...... $ 7.96 $20.99 99. Geriatric Outreach Worker...... $ 7.12 $18.93 100. Head Cook...... $ 5.46 $15.08 101. Head Storekeeper...... $ 7.11 $18.94 102. Health Educator I...... $ 6.36 $17.26 103. Health Educator II...... $ 7.12 $18.93 104. Heating Inspector...... $14.23 $19.25 105. HIV Educator...... $ 8.17 $11.01 106. House Connection Inspector...... $12.70 $16.09 107. Housing Inspector...... $14.60 $17.13 108. Human Resources Contract Specialist...... $ 9.73 $26.09 109. Human Resources On-the-Job Training Specialist...... $10.21 $22.18 110. Human Resources Planner...... $10.74 $27.56 111. Human Resources Special Projects Coordinator...... $10.21 $22.18 112. Income Tax Tracer...... $10.04 $15.26 113. Industrial Hygiene Engineer...... $ 9.73 $26.09 114. Industrial Nuisance Inspector...... $ 6.36 $17.26 115. Information Control Analyst...... $ 6.81 $18.07 116. Inspector of Weight and Measures...... $ 5.73 $15.74 117. Instrument Repairman...... $ 8.21 $17.25 118. Instrumentation Technician I...... $16.87 $18.54 853 42 The City Record April 24, 2002

119. Instrumentation Technician II...... $18.83 $20.43 120. Intake Specialist...... $ 5.15 $13.98 121. Job Retraining Assistant...... $ 7.12 $18.93 122. Junior Cashier...... $ 5.40 $14.50 123. Junior Chemist...... $ 5.46 $15.11 124. Junior City Planner...... $ 6.36 $17.26 125. Junior Civil Engineer...... $ 6.36 $17.26 126. Junior Clerk...... $ 9.89 $12.09 127. Junior Draftsman...... $ 8.45 $14.82 128. Junior Engineering Aide...... $ 5.46 $15.11 129. Lab Coordinator...... $16.82 $21.97 130. Laboratory Assistant...... $ 6.04 $16.48 131. Laboratory Helper...... $ 5.15 $13.02 132. Landscape Architect...... $ 9.50 $24.64 133. Lead Pressman...... $ 8.93 $19.20 134. Life Guard...... $ 8.50 $13.80 135. Life Guard Captain...... $10.00 $17.10 136. Mechanical Engineer...... $ 9.50 $26.09 137. Messenger...... $ 5.15 $13.02 138. Meter Reader...... $12.82 $16.46 139. Minority Business Consultant...... $11.15 $29.04 140. Miscellaneous Investigator...... $ 5.46 $15.90 141. Monitoring, Auditing and Evaluation Coordinator...... $13.65 $19.22 142. Office Machine Operator...... $ 9.89 $12.67 143. Offset Duplicating Machine Operator...... $ 5.46 $15.11 144. On The Job Training Specialist...... $12.71 $18.57 145. Park and Recreation Planner...... $ 9.51 $24.64 146. Parking Attendant...... $ 6.31 $13.98 147. Parking Meter Collector...... $ 6.32 $13.95 148. Parking Meter Serviceman...... $13.62 $14.68 149. Permit Processing Specialist...... $ 7.00 $11.71 150. Pharmacist...... $10.74 $27.55 151. Pharmacodependent Rehabilitation Counselor I...... $ 6.49 $13.37 152. Pharmacodependent Rehabilitation Counselor II...... $ 7.57 $15.79 153. Photographer...... $ 9.08 $18.93 154. Photographic Laboratory Technician...... $ 6.80 $16.48 155. Photo-Litho Operator...... $ 5.48 $15.11 156. Physical Director...... $ 8.33 $17.03 157. Plan Examiner...... $ 8.20 $22.52 158. Play Director...... $ 5.68 $11.93 159. Police Data Specialist...... $ 9.92 $13.14 160. Police Radio Technician...... $16.38 $17.94 161. Pressman...... $ 7.89 $18.58 162. Preventive Health Counselor...... $13.59 $19.26 163. Preventive Health Educator...... $ 8.89 $12.94 164. Principal Cashier...... $ 7.46 $20.29 165. Principal Clerk...... $11.93 $17.16 166. Print Shop Helper...... $10.61 $12.79 167. Private Secretary...... $ 6.71 $18.11 168. Program Analyst...... $16.64 $26.25 169. Programmer...... $ 8.96 $23.39 170. Programmer Analyst...... $ 9.73 $26.09 171. Property Clerk...... $11.37 $29.06 172. Psychiatric Social Worker...... $12.48 $18.88 173. Psychologist I...... $10.74 $25.12 174. Psychologist II...... $12.88 $29.61 175. Public Health Nursing Aide...... $10.63 $12.07 176. Public Health Sanitarian I...... $12.78 $16.11 177. Public Health Sanitarian II...... $14.35 $18.05 178. Public Health Sanitarian III...... $15.49 $18.84 179. Public Health Sanitarian IV...... $ 8.78 $23.38 180. Public Information Officer...... $ 7.38 $19.91 181. Quality Assurance Analyst...... $ 8.96 $23.38 182. Quality Control Coordinator...... $16.82 $21.97 183. Radio Dispatcher...... $17.33 $17.94 184. Radio Technician...... $16.38 $17.94 185. Receptionist...... $ 6.06 $13.33 186. Records Manager...... $ 9.84 $13.97 187. Recreation Aide...... $ 5.68 $ 9.32 188. Recreation Instructor...... $ 5.15 $13.98 189. Recreation Instructor I...... $ 5.24 $14.89 854 April 24, 2002 The City Record 43

190. Recreation Instructor II...... $ 5.46 $15.47 191. Recreation Instructor III...... $ 6.83 $16.37 192. Recreation Program Supervisor...... $ 6.83 $15.21 193. Redevelopment Advisor...... $ 7.96 $20.99 194. Redevelopment Coordinator...... $ 8.38 $23.39 195. Refrigeration Inspector...... $14.26 $19.25 196. Refugee Outreach Worker...... $ 8.40 $13.01 197. Registered Animal Health Technician...... $ 7.94 $13.98 198. Rehabilitation Advisor...... $ 6.71 $18.11 199. Rehabilitation Inspector...... $14.60 $23.39 200. Sanitarian Aide...... $11.62 $13.57 201. Secretary...... $ 6.30 $15.11 202. Secretary to Director of Consumer Affairs...... $ 9.51 $24.64 203. Senior Assistant Architect...... $ 7.96 $20.99 204. Senior Assistant City Planner...... $ 7.96 $20.99 205. Senior Assistant Civil Engineer...... $ 7.96 $20.99 206. Senior Assistant Electrical Engineer...... $ 7.96 $20.99 207. Senior Assistant Mechanical Engineer...... $ 7.96 $20.99 208. Senior Assistant Traffic Engineer...... $ 7.96 $20.99 209. Senior Bacteriologist...... $ 6.71 $18.11 210. Senior Cashier...... $ 6.55 $17.26 211. Senior Chemist...... $ 7.53 $19.91 212. Senior Clerk...... $10.29 $14.17 213. Senior Computer Operator...... $ 8.96 $23.39 214. Senior Contract and Monitoring Specialist...... $11.34 $24.80 215. Senior Data Conversion Operator...... $10.80 $15.75 216. Senior Development Officer...... $12.63 $30.68 217. Senior Draftsman...... $ 9.65 $16.93 218. Senior Engineering Draftsman and Photographer...... $ 7.12 $18.93 219. Senior Information Control Analyst...... $ 7.38 $19.91 220. Senior Laboratory Technician...... $10.86 $15.40 221. Senior Landscape Architect...... $ 9.73 $26.09 222. Senior Site Inspector – Demolition...... $ 8.43 $22.18 223. Sewer Service Man...... $14.99 $16.46 224. Site Inspector...... $ 7.53 $19.91 225. Social Worker for Homeless...... $13.82 $19.59 226. Starter (Golf)...... $ 5.15 $11.58 227. S.T.D. Clerk...... $ 7.88 $11.18 228. Stenographer I...... $ 9.77 $12.70 229. Stenographer II...... $10.77 $14.17 230. Stenographer III...... $ 7.37 $15.74 231. Stock Clerk...... $ 5.46 $15.57 232. Storekeeper...... $ 6.36 $17.73 233. Street Obstruction Inspector...... $ 6.04 $16.48 234. Surveyor...... $ 8.96 $23.39 235. Tax Auditor I...... $10.60 $16.02 236. Tax Auditor II...... $12.41 $17.71 237. Technical Specialist...... $ 7.53 $19.91 238. Technical Specifications Writer...... $ 9.08 $21.00 239. Telephone Operator...... $ 5.24 $14.50 240. Telephone Supervisor...... $ 5.46 $15.11 241. Timekeeper...... $ 5.46 $15.11 242. Traffic Engineer...... $ 9.50 $24.64 243. Traffic Sign and Marking Technician...... $13.68 $15.11 244. Typist...... $ 9.92 $13.15 245. Urban Planning and Development Technician...... $ 5.73 $15.74 246. Utility Adjuster...... $10.64 $14.17 247. Vector Control Assistant...... $ 8.90 $12.61 248. Veteran’s Counselor...... $ 7.38 $17.14 249. Water Hydraulic Repairman...... $14.99 $16.46 250. Water Meter Repairman...... $14.99 $16.46 251. Water Pipe Repairman...... $13.58 $16.46 252. Water Serviceman...... $ 9.05 $14.06 253. Water System Construction Inspector...... $15.67 $20.57

Section 14. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Security Officer...... $10.80 $17.84 855 44 The City Record April 24, 2002

Section 16. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Machinist...... $15.83 $19.23 2. Machinist Unit Leader...... $14.28 $21.78 3. Machinist Helper...... $13.72 $16.25

Section 28. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Supervisor...... $21,019.66 $46,154.37 2. Assistant Chief Building Inspector...... $17,705.24 $51,170.40 3. Assistant Chief Housing Inspector...... $17,705.24 $44,592.18 4. Assistant Custodian...... $16,559.28 $42,219.44 5. Assistant Superintendent of Electrical Generation...... $21,019.66 $49,415.68 6. Bridge Inspector...... $13,958.10 $36,332.55 7. Bureau Manager – Housing...... $26,797.11 $71,567.16 8. Bureau Manager – Demolition...... $26,797.11 $71,567.16 9. Bureau Manager – Building...... $26,797.11 $71,567.16 10. Cable Production Manager...... $20,410.00 $81,077.01 11. Chief Bridge Operator...... $16,559.28 $43,697.12 12. Chief of Electric Meter Bureau...... $26,274.57 $61,684.89 13. Chief Guard...... $15,764.74 $36,132.69 14. Chief Safety Signal System...... $ 18.60 $ 32.06 15. Chief Sidewalk Inspector...... $15,641.78 $40,025.59 16. Chief Street Permit Inspector...... $14,790.48 $38,069.76 17. Chief of Traffic Signal Unit...... $ 18.60 $ 32.06 18. Community Development Code Enforcement Inspector Supervisor...... $34,464.91 $49,533.96 19. Coordinator of Parking Enforcement...... $18,627.62 $45,614.33 20. Correctional Supervisor...... $17,543.01 $44,593.41 21. District Forester...... $31,043.38 $50,827.36 22. Electric Bridge Operator Leader...... $ 8.81 $ 16.85 23. Environmental Assistant...... $17,705.24 $44,593.41 24. Field Operations Forester...... $32,445.00 $52,747.29 25. General Superintendent of Waste Collection...... $30,473.96 $55,551.92 26. House Sergeant...... $13,137.29 $31,919.07 27. Instrumentation Supervisor...... $29,200.50 $58,500.00 28. Parking Meter Foreman...... $24,679.38 $35,917.54 29. Printing Foreman...... $28,404.92 $45,381.78 30. Supervisor of Landscape Construction...... $17,078.47 $40,667.99 31. Supervisor of Parking Enforcement Unit...... $18,262.21 $35,427.54 32. Supervisor of Markets...... $14,790.48 $39,402.21 33. Supervisor of Weights and Measures...... $14,790.48 $38,069.76 34. Survey Party Chief...... $18,099.87 $49,067.36 35. Tunnel Maintenance Foreman...... $17,078.47 $33,272.12 36. Tunnel Maintenance Man...... $15,764.72 $30,378.46

Section 30. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant IV...... $18,627.62 $46,955.82 2. Airport Operations Agent III...... $18,627.62 $48,599.27 3. Assistant Bureau Chief-Demolition...... $18,627.62 $46,955.82 4. Assistant Financial Systems Coordinator...... $18,627.62 $46,955.82 5. Assistant Personnel Administrator...... $18,627.62 $48,599.27 6. Assistant Water Plant Manager...... $ 8.96 $ 28.85 7. Assistant Water Plant Manager – Parma...... $ 8.96 $ 28.85 8. Budget and Management Analyst...... $18,627.62 $48,599.27 9. Chief Dog Warden...... $18,627.62 $71,500.00 10. Labor Relations Assistant...... $18,627.62 $46,955.82 11. Rehabilitation Supervisor...... $18,627.62 $46,955.82 12. Superintendent of Sewer Maintenance...... $18,627.62 $65,000.00 13. Supervisor of Architectural Construction...... $18,627.62 $48,619.13 14. Supervisor of Personnel Records...... $18,627.62 $46,955.82 15. Supervisor of Site Development...... $18,627.62 $46,955.82 16. Supervisor of Vital Statistics...... $18,627.62 $48,599.27 17. Systems Analyst...... $18,627.62 $46,955.82 18. Water System Construction Inspector Supervisor ...... $18,627.62 $54,500.00 856 April 24, 2002 The City Record 45

Section 42. Part-Time/Seasonal Group That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Box Office Cashier...... $10.33 $13.97 2. Chaplain...... $ 8.20 $11.04 3. Checker...... $ 8.70 $ 9.20 4. Conservation Aide...... $ 8.70 $ 9.20 5. Dentist...... $13.38 $27.48 6. Head Usher...... $ 8.20 $10.91 6a. Law Clerk...... $ 8.70 $12.00 7. Medical Examiner...... $21.40 $56.36 8. Organ Tuner...... $ 9.63 $24.11 9. Park Maintenance Aide...... $ 8.70 $ 9.20 10. Ranger...... $ 8.20 $10.77 11. School Crossing Guard (Per Day)...... $25.00 $25.00 12. Section Supervisor...... $ 8.70 $ 9.20 13. Snow Removal Vehicle Operator...... $10.40 $13.56 14. Stage Hand...... $19.11 $26.29 15. Stage Hand Casual...... $20.60 $25.96 16. Stage Hand – Show Rate (Per Show)...... $64.89 $85.34 17. Student Aide...... $ 8.70 $ 9. 2 0 18. Student Assistant...... $ 8.70 $ 9.20 19. Usher...... $ 8.70 $ 9.20 20. Usher Captain...... $ 8.70 $ 9.20 Section 44. Municipal Court Employees That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Associate Director...... $37,783.00 $70,468.40 2. Bailiff...... $36,085.00 $63,249.41 3. Chief Deputy Bailiff...... $37,569.00 $72,377.32 4. Chief Magistrate...... $48,620.00 $81,000.00 5. Chief Probation Officer...... $50,395.00 $89,000.00 6. Clinical Director...... $37,783.00 $76,000.00 7. Deputy Bailiff...... $21,424.00 $49,276.35 8. Deputy Bailiff Administrative Assistant – Finance...... $39,173.00 $60,245.69 9. Deputy Bailiff Administrative Assistant – Operations...... $39,173.00 $60,245.69 10. Deputy Bailiff Assistant Director of Data Processing...... $22,223.00 $58,000.00 11. Deputy Bailiff Assistant Jury Commissioner...... $21,907.00 $51,691.97 12. Deputy Bailiff Central Scheduling Director...... $41,755.17 $72,404.10 13. Deputy Bailiff Chief Court Reporter...... $41,755.00 $68,092.42 14. Deputy Bailiff Clerk Typist...... $19,526.00 $30,272.82 15. Deputy Bailiff – Court Administrator...... $62,624.00 $87,840.45 16. Deputy Bailiff – Court Reporter...... $22,914.00 $52,719.27 17. Deputy Bailiff Data Processor...... $21,100.00 $53,000.00 18. Deputy Bailiff Deputy Court Administrator...... $45,486.00 $75,506.37 19. Deputy Bailiff/Deputy Court Administrator Chief Information Officer...... $45,486.00 $87,840.45 20. Deputy Bailiff Deputy Chief Court Reporter...... $22,923.00 $54,286.47 21. Deputy Bailiff Director of Data Processing...... $58,349.00 $92,000.00 22. Deputy Bailiff Finance Officer...... $39,173.00 $60,245.69 23. Deputy Bailiff General...... $21,424.00 $52,490.03 24. Deputy Bailiff Jury Commissioner...... $37,783.00 $61,971.44 25. Deputy Bailiff Law Clerk...... $21,250.00 $46,077.67 26. Deputy Chief Magistrate...... $40,752.00 $73,000.00 27. Deputy Bailiff – Office Manager...... $39,827.00 $72,078.45 28. Deputy Bailiff Private Secretary...... $20,112.00 $37,000.00 29. Deputy Bailiff Public Information Officer...... $38,417.60 $46,000.00 30. Deputy Bailiff Scheduler I...... $22,284.00 $46,318.70 31. Deputy Bailiff Session Room Supervisor...... $22,284.00 $51,705.89 32. Deputy Bailiff – Special Projects Officer...... $30,000.00 $61,059.83 33. Deputy Bailiff Supervisor...... $41,368.00 $63,249.41 34. Deputy Bailiff Systems Analyst...... $35,000.00 $58,917.38 857 46 The City Record April 24, 2002

35. Deputy Bailiff Training Officer...... $31,000.00 $61,059.83 36. Deputy Chief Probation Officer...... $42,318.00 $69,768.88 37. Immobilization Officer...... $ 15.60 $ 25.55 38. Magistrate...... $40,752.00 $69,132.58 39. Municipal Court Psychologist...... $ 47.74 $ 96.41 40. Personal Bailiff...... $43,285.00 $63,000.00 41. Probation Officer General...... $28,585.00 $55,000.00 42. Probation Officer Supervisor...... $48,616.00 $70,285.21 43. Psychiatric Case Worker...... $21,681.00 $52,929.23 44. Psychiatric Social Worker...... $21,907.00 $52,763.19 45. Psychologist II...... $ 60.00 $ 89.98 46. Small Claims Magistrate...... $20,687.00 $51,981.20 47. Student Aide...... $ 5.15 $ 9.11 48. Traffic Court Magistrate...... $40,752.00 $72,000.00 49. Chief Housing Court Specialist...... $52,158.83 $78,157.65 50. Housing Court Administrative Assistant...... $23,063.94 $46,318.70 51. Housing Court Administrator...... $64,815.84 $87,840.45 52. Housing Court ADR Specialist...... $31,050.00 $61,059.83 53. Housing Court Chief Bailiff...... $38,883.92 $72,377.32 54. Housing Court Chief Magistrate...... $50,321.70 $83,332.65 55. Housing Court Coordinator...... $23,063.94 $46,318.70 56. Housing Court Court Reporter...... $23,715.99 $52,719.27 57. Housing Court Deputy Bailiff...... $22,173.84 58. Housing Court Deputy Bailiff – Uniformed...... $22,173.84 $49,276.35 59. Housing Court Deputy Bailiff Supervisor...... $42,815.88 $63,249.41 60. Housing Court Deputy Bailiff/Finance Officer...... $40,544.06 $60,245.69 61. Housing Court Deputy Bailiff/Judicial Clerk...... $21,993.75 62. Housing Court Magistrate...... $42,178.32 $76,143.92 63. Housing Court Magistrates’ Personal Bailiff...... $23,063.94 $46,318.70 64. Housing Court Personal Bailiff...... $44,799.98 $64,201.05 65. Housing Court Project Coordinator...... $31,050.00 $61,059.83 66. Housing Court Receptionist...... $18,745.92 $30,666.64 67. Housing Court Scheduler...... $23,063.94 $46,318.70 68. Housing Court Secretary...... $20,815.92 $32,736.64 69. Housing Court Specialist...... $29,585.48 $52,929.23 70. Housing Court Specialist – Mediation Coordinator...... $29,585.48 $52,929.23 71. Housing Court Student Aide...... $ 5.33 $ 9.11

Section 48. Division of Police; Various Positions The annual salaries of persons appointed to the following classifications within the Division of Police shall be fixed by the Director of Public Safety within the limits established in the following schedules:

Minimum Maximum 1. Junior Assistant Secretary of Police...... $26,213.25 $53,498.44 2. Surgeon of Police...... $43,107.75 $72,032.77 3. Superintendent of Criminalistics...... $30,086.70 $67,633.72 4. Superintendent of Safety Buildings...... $30,086.70 $63,136.78

Section 50. Division of Fire; Various Positions The annual salaries of persons appointed to the following ranks of the Division of Fire shall be fixed by the appointing authority within the limits established in the following schedules:

Minimum Maximum 1. Battalion Chief...... $72,039.84 $72,539.84 2. Captain...... $62,034.36 $62,534.36 3. Lieutenant...... $53,408.93 $53,908.93 4. Firefighter – Journeyman...... $45,973.21 $46,473.21 5. Apprentice – Medic III...... $41,881.79 $41,881.79 6. Apprentice – Medic II...... $41,381.79 $41,381.79 7. Apprentice – Medic I...... $40,381.79 $40,381.79 8. Trainee...... $ 8.70 $ 8.70

Section 2. That Sections 8, 14, 16, 28, 30, 42, 44, 48 and 50 of Ordinance No. 469-02, passed April 1, 2002, are 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 immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed April 15, 2002. Effective April 15, 2002. 858 April 24, 2002 The City Record 47

Ord. No. 687-02. macy, on April 28, 2002. The 10K Ord. No. 689-02. By Councilman Britt. Course will begin between East 14th By Councilman Cimperman. An emergency ordinance authoriz- & East 18th Street on Euclid An emergency ordinance consent- ing and directing the Director of Avenue. 10K Runners will head ing and approving the issuance of a Public Service to issue a permit to west on Euclid Avenue, take a right permit for the issuance of a permit Ward 6 Multi-Cultural Community onto E. Roadway (in front of the BP for the March of Dimes Walk on Festival to stretch a banner on util- Building), take a left onto Superior April 27, 2002, sponsored by the ity poles (by separate permission) Avenue, cross over the De- March of Dimes and Hermes Race which will encroach into the R/W troit/Superior bridge and continue Systems. of Woodland Avenue for the period west on Detroit Avenue, take a left Whereas, this ordinance consti- of July 10, 2002 to August 10, 2002. onto West 65th Street, take a left tutes an emergency measure provid- inclusive, to celebrate their annual onto Clinton Avenue, take a left ing for the usual daily operation of festival. onto West 58th Street, take a right a municipal department; now, there- Whereas, this ordinance consti- onto Detroit Avenue and head east, fore, tutes an emergency measure provid- cross over the Detroit/Superior Be it ordained by the Council of ing for the usual daily operation of Bridge and continue east on Superi- the City of Cleveland: a municipal department; now, there- or Avenue, take a right onto E. Section 1. That pursuant to Sec- fore, Roadway (in front of the BP Build- tion 411.06 of the Codified Ordi- Be it ordained by the Council of ing), take a left onto Euclid Avenue nances of Cleveland, Ohio 1976, this the City of Cleveland: and continue east, finish —84 feet Council consents to and approves Section 1. That notwithstanding west of E. 22nd Street on Euclid the holding of the March of Dimes the provision of Section 623.13 of the Avenue (Note: Detroit Avenue will Walk, sponsored by the March of Codified Ordinances of Cleveland, be coned down the middle from W. Dimes and Hermes Race Systems, on Ohio 1976, the Director of Public Ser- 25th until W. 58th Street with the April 27, 2002, beginning on the vice is hereby authorized and direct- courses as they are — the elite 10K southwest quadrant of Public Square, ed to issue a permit to Ward 6 Multi- will catch the end of the marathon. cross Ontario to the sidewalk on the Cultural Community Festival, 2450 Starting at W. 40th St. on Detroit east side of the street and go south MLK Jr. Drive (corner of Woodstock Ave., will cone an extra lane in the to Prospect Avenue and turn left on Ave.) Cleveland, Ohio 44104; to right lane, at W. 58th St. will push the north side of Prospect, go east stretch, maintain and remove one the 10K runners to the south curb on Prospect crossing E. 9th St. to (1) banner on utility poles, (by sep- lane of Detroit for their turn onto Huron Road and cross to the south arate permission) to celebrate their W. 65th St., the marathon runners side of Huron, turn left on Huron annual festival for the period of will be told to stay in the far right and go to Star Plaza at E. 13th St. July 10, 2002 to August 10, 2002, hand lane to continue on Detroit and Euclid possible check point one, inclusive, and which banner is to be heading west.) The Marathon from Star Plaza cross Euclid at 13th hung at the following pole location Course will begin between E. 14th & St. and cross 13th St. to the west and on the following pole number: 18th St. on Euclid Ave. Marathon side of the street and go north to Woodland Avenue Pole Number E14- runners will head west on East Chester Ave., turn left on the south 192; and which pole and banner loca- Ave., take a right onto E. Roadway side of Chester Ave. and go west to tion shall be approved by the Direc- (in front of the BP Building), take E. 9th St., cross E. 9th St. to the side- tor of Public Service in consultation a left onto Superior Ave., cross over walk on the west side of the street with the Director of Public Safety, the Detroit/Superior bridge and con- and go north on the west side of E. as to type, method of affixing and tinue west on Detroit Ave., take a 9th St. and continue north to the location so as not to interfere with right onto Lake Ave. and continue promenade along the harbor behind any sign erected and maintained to head west, take a right onto the Rock and Roll Hall of Fame, under the requirements of law or Webb Ave., take a left onto Lake turn left and go west along the ordinance. The permission of the Ave. and continue to head west, stay south side of the harbor to the plaza owner of any pole from which ban- on Lake Ave. (will not go down behind the Great Lakes Science Cen- ners will be hung must be obtained AVALON this year), the turnaround ter, which is possible check point prior to issuance of the permit. No will be in Bay Village (roughly two, from the plaza, go north to the commercial advertising shall be between Glen Park & Douglas), the extension to Erieside Ave. behind printed or permitted on said ban- runners will turnaround a cone in the Great Lakes Science Center ners, and said banners shall be the middle of the street and head property and turn left on the side- removed promptly upon the expira- east on Lake Ave., take a right onto walk on the south side of the street, tion of said permit. Webb Ave., take a left onto Lake go west on the sidewalk on the Section 2. That this ordinance is Ave. and continue to head east, take south side of Erieside Ave. behind hereby declared to be an emergency a left onto Detroit Ave. and cross the Browns’ Stadium to W. 3rd St., measure and, provided it receives over the Detroit/Superior Bridge turn left and go south along the the affirmative vote of two-thirds of and continue to Superior Ave., take sidewalk on the east side of W. 3rd all the members elected to Council, a right onto E. Roadway (in front St. to the crosswalk at The Cleve- it shall take effect and be in force of the BP Building), take a left onto land Clinic Sports Health Gate and immediately upon its passage and Euclid Ave. and continue east, fin- cross W. 3rd St. to the temporary approval by the Mayor; otherwise it ish — 84 feet west of E. 22nd St. on pedestrian walkway established by shall take effect and be in force Euclid Avenue, provided that the the concrete barriers on the west from and after the earliest period applicant sponsor shall meet all the side of W. 3rd St., at the south end allowed by law. requirements of Section 411.05 of the of the temporary walkway cross W. Passed April 15, 2002. Codified Ordinances of Cleveland, 3rd St. to the sidewalk on the east- Effective April 22, 2002. Ohio, 1976. Streets may be closed as side of the street and continue south determined by the Chief of Police to the park at the corner of W. 3rd and safety forces as may be neces- St. and Lakeside Ave., which is pos- sary in order to protect the partici- sible check point three, from check Ord. No. 688-02. pants in the event. Said permit shall point three cross W. 3rd St. to the By Councilman Cimperman. further provide that the City of sidewalk on the westside of W. 3rd An emergency ordinance consent- Cleveland shall be fully indemnified St. and turn left, go south on the ing and approving the issuance of a from any and all liability resulting west side of W. 3rd St. to St. Clair permit for the 2002 Cleveland from the issuance of the same, to Ave., turn right on the sidewalk on Marathon and 10K on April 28, 2002, the extent and in form satisfactory the north side of St. Clair Ave., go sponsored by CVS/pharmacy. to the Director of Law. west on the north side of St. Clair Whereas, this ordinance consti- Section 2. That this ordinance is Ave. to W. 9th St., cross W. 9th St. tutes an emergency measure provid- hereby declared to be an emergency and turn right, going north on W. ing for the usual daily operation of measure and, provided it receives 9th St. to Front Avenue, cross Front a municipal department; now, there- the affirmative vote of two-thirds of Ave. to the north side of the street fore, all the members elected to Council, and turn left on the sidewalk on the Be it ordained by the Council of it shall take effect and be in force north side of Front Ave., go west on the City of Cleveland: immediately upon its passage and the sidewalk on the north side of Section 1. That pursuant to Sec- approval by the Mayor; otherwise it Front Ave. to Old River Road, go tion 411.06 of the Codified Ordi- shall take effect and be in force south on the sidewalk on the west nances of Cleveland, Ohio 1976, this from and after the earliest period side of Old River Road to possible Council consents to and approves allowed by law. check point four at Dick’s Last the holding of the 2002 Marathon Passed April 15, 2002. Resort, go south on the sidewalk and 10K, sponsored by CVS/phar- Effective April 22, 2002. between the tracks for the water- 859 48 The City Record April 24, 2002 front line of RTA and the Cuyahoga 30th St. (S), no tag; 3rd pole W. of all the members elected to Council, River, at the Waterfront Line Sta- W. 30th St. (S), no tag; 4th pole W. it shall take effect and be in force tion at the base of Superior Ave. of W. 30th St. (S), no tag; which immediately upon its passage and cross Old River Road to the east poles and banners locations shall be approval by the Mayor; otherwise it side of the road and turn right, go approved by the Director of Public shall take effect and be in force south on the east side of Old River Service in consultation with the from and after the earliest period Road to Canal Road, cross Canal Director of Public Safety, as to type, allowed by law. Road to the sidewalk on the south method of affixing and location so Passed April 15, 2002. side of Canal and turn left, contin- as not to interfere with any sign Effective April 22, 2002. ue on Canal Road to the entrance to erected and maintained under the the parking lot for the Amphithe- requirements of law or ordinance. ater and continue through the park- The permission of the owner of any ing lot to the Amphitheater which pole from which banners will be Ord. No. 692-02. is the end of the walk. The short hung must be obtained prior to By Councilman Jackson (by de- route: while walking north on the issuance of the permit. No commer- partmental request). west side of E. 9th St., turn left on cial advertising shall be printed or An emergency ordinance authoriz- the north side of St. Clair Ave. and permitted on said banners, and said ing the Director of Finance to enter go west to W. 9th St. where the banners shall be removed promptly into contract with Jim Petro, Audi- route rejoins the full route, provid- upon the expiration of said permit. tor of State to conduct a financial ed that the applicant sponsor shall Section 2. That this ordinance is audit, for the Department of meet all the requirements of Section hereby declared to be an emergency Finance. 411.05 of the Codified Ordinances of measure and, provided it receives Whereas, this ordinance consti- Cleveland, Ohio, 1976. Streets may the affirmative vote of two-thirds of tutes an emergency measure provid- be closed as determined by the Chief all the members elected to Council, ing for the usual daily operation of of Police and safety forces as may it shall take effect and be in force a municipal department; now, there- be necessary in order to protect the immediately upon its passage and fore, participants in the event. Said per- approval by the Mayor; otherwise it Be it ordained by the Council of mit shall further provide that the shall take effect and be in force the City of Cleveland: City of Cleveland shall be fully from and after the earliest period Section 1. That the Director of indemnified from any and all liabil- allowed by law. Finance is hereby authorized to ity resulting from the issuance of Passed April 15, 2002. make a written contract with said the same, to the extent and in form Effective April 22, 2002. Jim Petro, Auditor of State to con- satisfactory to the Director of Law. duct a financial audit of the City’s Section 2. That this ordinance is financial operations. hereby declared to be an emergency Section 2. That the cost of said measure and, provided it receives Ord. No. 691-02. contract hereby authorized shall be the affirmative vote of two-thirds of By Councilman Conwell. paid from Fund No. 01-638400-150601, all the members elected to Council, An emergency ordinance authoriz- Request No. 104031. it shall take effect and be in force ing and directing the Director of Section 3. That this ordinance is immediately upon its passage and Public Service to issue a permit to hereby declared to be an emergency approval by the Mayor; otherwise it Hessler Neighborhood Association to measure and, provided it receives shall take effect and be in force stretch one (1) banner, for the peri- the affirmative vote of two-thirds of from and after the earliest period od from May 11, 2002 to May 20, 2002, all the members elected to Council, allowed by law. inclusive, publicizing their special it shall take effect and be in force Passed April 15, 2002. event. immediately upon its passage and Effective April 22, 2002. Whereas, this ordinance consti- approval by the Mayor; otherwise it tutes an emergency measure provid- shall take effect and be in force ing for the usual daily operation of from and after the earliest period a municipal department; now, there- allowed by law. Ord. No. 690-02. fore, Passed April 15, 2002. By Councilman Cintron. Be it ordained by the Council of Effective April 22, 2002. An emergency ordinance authoriz- the City of Cleveland: ing and directing the Director of Section 1. That notwithstanding Public Service to issue a permit to the provision of Section 623.13 of the West Side Catholic Center to hang Codified Ordinances, of Cleveland, Ord. No. 693-02. seven (7) banners on CPP utility Ohio, 1976, the Director of the By Councilman Rybka. poles (by separate permission) Department of Public Service is An emergency ordinance authoriz- which will encroach into the R/W hereby authorized and directed to ing and directing the Director of of Lorain Avenue and West 30th issue a permit to the Hessler Neigh- Public Service to issue a permit to Street for the period of April 15, 2002 borhood Association, 11326 Hessler Mr. Anthony A. Zajac, to hang to May 30, 2002. inclusive, to cele- Road, Cleveland, Ohio 44106 to twelve (12) Flags using CPP utility brate their special event. install, maintain and remove one poles (by separate permission) Whereas, this ordinance consti- banner to be stretched on a Cleve- which will encroach into the R/W tutes an emergency measure provid- land Public Power utility pole, (by of Broadway Avenue between Aetna ing for the usual daily operation of separate permission) for their spe- and Fleet Avenues for the period of a municipal department; now, there- cial event, for the period of May 11, April 29, 2002 to May 10, 2002, inclu- fore, 2002 to May 20, 2002, inclusive, and sive to celebrate the Polish Consti- Be it ordained by the Council of which banner will be hung at the tution Day Parade. the City of Cleveland: following pole location and on the Whereas, this ordinance consti- Section 1. That notwithstanding following pole number: 1961 Ford tutes an emergency measure provid- the provision of Section 623.13 of the Drive, Pole Number NE4-22A-1-7-1-2. ing for the usual daily operation of Codified Ordinances of Cleveland, Said banner shall be approved by a municipal department; now, there- Ohio 1976, the Director of Public Ser- the Director of Public Service, in fore, vice is hereby authorized and direct- consultation with the Director of Be it ordained by the Council of ed to issue a permit to West Side Public Safety, as to type, method of the City of Cleveland: Catholic Center, 3135 Lorain Avenue, affixing and location so as not to Section 1. That notwithstanding Cleveland, Ohio 44113, to hang, interfere with any sign erected and the provision of Section 623.13 of the maintain and remove seven (7) ban- maintained under the requirements Codified Ordinances of Cleveland, ners on Cleveland Public Power util- of law or ordinance. The permission Ohio 1976, the Director of Public Ser- ity poles, (by separate permission) of the owner of any pole from which vice is hereby authorized and direct- to celebrate their special event, for a banner will be hung must be ed to issue a permit to Mr. Anthony the period of April 15, 2002 to May obtained prior to issuance of the A. Zajac, Administrative Assistant 30, 2002, inclusive, and which ban- permit. No commercial advertising to Councilman Edward W. Rybka, ners are to be hung at the follow- shall be printed or permitted on said Ward 12, to hang twelve (12) Flags ing pole locations and on the fol- banner and said banner shall be on Cleveland Public Power utility lowing pole numbers: Lorain Avenue removed promptly upon the expira- poles, (by separate permission) to – 1st pole W. of W. 30th St. (N), no tion of said permit. celebrate the Polish Constitution tag; 2nd pole W. of W. 30th St. (N), Section 2. That this ordinance is Day Parade for the period of April no tag; 4th pole W. of W. 30th St. hereby declared to be an emergency 29, 2002 to May 10, 2002, inclusive, (N), no tag; 1st pole W. of W. 30th measure and, provided it receives and which Flags are to be hung at St. (S), no tag; 2nd pole W. of W. the affirmative vote of two-thirds of the following pole locations and 860 April 24, 2002 The City Record 49 pole numbers: Broadway Avenue On cial advertising shall be printed or Jones, Vice Chairman; O’Malley, the South Side: in front of the permitted on said flags, and said Zone, Cimperman, Brady, Johnson. addresses of 6966, 7050 and the first flags shall be removed promptly Excused: Polensek, White. pole next to this last address; then upon the expiration of said permit. at the addresses of 7112, 7146, and Section 2. That this ordinance is Finance Committee: 2:00 p.m. — 7224 Broadway Avenue (a total of 6- hereby declared to be an emergency Present: Jackson, Chairman; Swee- Poles) – No ID Tags on any of these measure and, provided it receives ney, Vice Chairman; Westbrook, Gor- poles; Broadway Avenue on the the affirmative vote of two-thirds of don, Reed, White, O’Malley, Coats, North Side: in front of the address- all the members elected to Council, Britt, Brady, Scott. es of 6801, and the first pole next to it shall take effect and be in force this address, then at the addresses immediately upon its passage and Tuesday, April 23, 2002 of 7063, 7135, 7203, and 7225 Broad- approval by the Mayor; otherwise it way Avenue (a total of 6-Poles) – shall take effect and be in force Community and Economic Devel- No ID Tags on any of these poles; from and after the earliest period opment Committee: 9:30 a.m. — Pre- and which poles and flags locations allowed by law. sent: Gordon, Chairman; Cimperman, shall be approved by the Director of Passed April 15, 2002. Vice Chairman; Reed, Zone, Lewis, Public Service in consultation with Effective April 22, 2002. Jones, Coats. Excused: Scott, Cin- the Director of Public Safety, as to tron. type, method of affixing and loca- tion so as not to interfere with any COUNCIL COMMITTEE Wednesday, April 24, 2002 sign erected and maintained under MEETINGS the requirements of law or ordi- Aviation and Transportation Com- nance. The permission of the owner Monday, April 22, 2002 mittee: 10:00 a.m. — Present: West- of any pole from which flags will brook, Chairman; Sweeney, Vice be hung must be obtained prior to Public Service Committee: 11:00 Chairman; Dolan, Britt, Rybka, Gor- issuance of the permit. No commer- a.m. — Present: Sweeney, Chairman; don, Reed.

Index

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

AIDS

CDBG Year 28 — grants — 2002 Federal HOME Grant Program — Emergency Shelter Program — Housing Opportunities for Persons with AIDS Program — U.S. Dept. of Housing and Urban Development — Community Development Dept. (O 130-02) ...... 816-845

Banners

Hessler Neighborhood Association — special event (Ward 9) (O 691-02) ...... 860 Polish Constitution Day Parade. — twelve (12) Flags — Mr. Anthony A. Zajac (Ward 12) (O 693-02) ...... 860 Ward 6 Multi-Cultural Community Festival — annual festival (Ward 6) (O 687-02) ...... 859 West Side Catholic Center — seven (7) banners — special event (Ward 14) (O 690-02) ...... 860

Board of Control — Burke Lakefront Airport Division

Asphalt, concrete and tack coat for roadway / runway repair — contract per Ord. 2022-01 to The Osterland Company — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 217-02) ...... 835 Plumbing system maintenance — amend BOC Res. 105-02 — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 207-02) ...... 834

Board of Control — Cleveland Hopkins International Airport Division

Asphalt, concrete and tack coat for roadway / runway repair — contract per Ord. 2022-01 to The Osterland Company — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 217-02) ...... 835 Plumbing system maintenance — amend BOC Res. 105-02 — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 207-02) ...... 834 Roofing systems — contract per Ord. 1012-01 to A. W. Farrell & Son, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 205-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to Hal Jones Construction Co. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 206-02) ...... 833 861 50 The City Record April 24, 2002

Roofing systems — contract per Ord. 1012-01 to T & F Systems Inc. — rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 202-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to T & F Systems Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 218-02) ...... 836 Roofing systems — contract per Ord. 1012-01 to Warren Roofing Systems, Inc. — rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 204-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to Warren Roofing Systems, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 219-02) ...... 836 Roofing systems — contract per Ord. 1012-01 to West Roofing Systems Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 203-02) ...... 833

Board of Control — Cleveland Public Power Division

High voltage switching equipment — contract per C.O. Sec. 129.26 to Cooper Power Systems — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 196-02) ...... 832 High voltage switching equipment — contract per C.O. Sec. 129.26 to National Power X/Utiliserve, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 197-02) ...... 832 High voltage switching equipment — contract per C.O. Sec. 129.26 to Electric Laboratories & Sales Corp. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 198-02) ...... 832 Vehicle maintenance equipment — contract per Ord. 843-01 to Nozzlenew, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 199-02) ...... 832 Vehicle maintenance equipment — contract per Ord. 843-01 to Towlift, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 200-02)...... 832

Board of Control — Community Development Department

East 131st Street, 767-769 (Ward 10) — PPN 110-15-208, 110-15-047 — to Louise D. Crutchfield (BOC Res. 213-02)...... 835 East 63rd Street, 2371 (Ward 5) — PPN 118-30-038 — to Progressive Baptist Church per Ord. 1734-01 (BOC Res. 214-02) ...... 835 West 99th Street, 3182 (Ward 18) — PPN 017-01-056 — to Mathile Saad per Ord. 1178-01 (BOC Res. 215-02) ...... 835

Board of Control — Finance Department

Cab / chassis with utility service body / pipe repair truck, large — contract per Ord. 1685-2000 and 99-01 to Valley Ford Truck Sales, Inc. — Dept. of Finance (BOC Res. 195-02) ...... 831 Sell parcel (Block F of the Lee-Seville / Cleveland Outerbelt Industrial Park) — amend BOC Res. 137-01 (BOC Res. 216-02) ...... 835

Board of Control — Land Reutilization Program

East 131st Street, 767-769 (Ward 10) — PPN 110-15-208, 110-15-047 — to Louise D. Crutchfield (BOC Res. 213-02)...... 835 East 63rd Street, 2371 (Ward 5) — PPN 118-30-038 — to Progressive Baptist Church per Ord. 1734-01 (BOC Res. 214-02) ...... 835 West 99th Street, 3182 (Ward 18) — PPN 017-01-056 — to Mathile Saad per Ord. 1178-01 (BOC Res. 215-02) ...... 835

Board of Control — Land Reutilization Program (Ward 5)

East 63rd Street, 2371 (Ward 5) — PPN 118-30-038 — to Progressive Baptist Church per Ord. 1734-01 (BOC Res. 214-02) ...... 835

Board of Control — Land Reutilization Program (Ward 10)

East 131st Street, 767-769 (Ward 10) — PPN 110-15-208, 110-15-047 — to Louise D. Crutchfield (BOC Res. 213-02) ...... 835

Board of Control — Land Reutilization Program (Ward 18)

West 99th Street, 3182 (Ward 18) — PPN 017-01-056 — to Mathile Saad per Ord. 1178-01 (BOC Res. 215-02) ...... 835 862 April 24, 2002 The City Record 51

Board of Control — Land Sales

Sell parcel (Block F of the Lee-Seville / Cleveland Outerbelt Industrial Park) — amend BOC Res. 137-01 (BOC Res. 216-02) ...... 835

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

Sell parcel (Block F of the Lee-Seville / Cleveland Outerbelt Industrial Park) — amend BOC Res. 137-01 (BOC Res. 216-02) ...... 835

Board of Control — Motor Vehicle Maintenance Division

Blaw Knox paver parts and labor — contract per Ord. 372-01 to Columbus Equipment Co. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 210-02) ...... 834 Case equipment parts and labor — contract per Ord. 372-01 to Southeastern Equipment Co., Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 211-02) ...... 834 Glass (auto / truck) repair — contract per Ord. 360-01 to Advanced Auto Glass, Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 209-02) ...... 834

Board of Control — Parks, Recreation and Properties Department

Beer — contract per Ord. 81-01 to The House of LaRose Cleveland, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 212-02) ...... 834 Fertilizers, pesticides and seed — contract per Ord. 81-01 to Lesco, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 220-02) ...... 836 Fertilizers, pesticides and seed — contract per Ord. 81-01 to Turfgrass, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 221-02) ...... 836

Board of Control — Port Control Department

Asphalt, concrete and tack coat for roadway / runway repair — contract per Ord. 2022-01 to The Osterland Company — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 217-02) ...... 835 Plumbing system maintenance — amend BOC Res. 105-02 — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 207-02) ...... 834 Roofing systems — contract per Ord. 1012-01 to A. W. Farrell & Son, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 205-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to Hal Jones Construction Co. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 206-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to T & F Systems Inc. — rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 202-02)...... 833 Roofing systems — contract per Ord. 1012-01 to T & F Systems Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 218-02) ...... 836 Roofing systems — contract per Ord. 1012-01 to Warren Roofing Systems, Inc. — rejected - Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 204-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to Warren Roofing Systems, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 219-02)...... 836 Roofing systems — contract per Ord. 1012-01 to West Roofing Systems Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 203-02) ...... 833

Board of Control — Public Improvement Contracts

East 143rd Street sewer replacement — contract per Ord. 831-01 to Delta Plumbing, Inc., d.b.a. Fox Construction & Equipment — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 201-02) ...... 832

Board of Control — Public Service Department

Aluminum traffic signs and blanks — per Ord. 2082-01 — all bids rejected — Division of Traffic Engineering and Parking, Dept. of Public Service (BOC Res. 208-02) ...... 834 Blaw Knox paver parts and labor — contract per Ord. 372-01 to Columbus Equipment Co. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 210-02) ...... 834 863 52 The City Record April 24, 2002

Case equipment parts and labor — contract per Ord. 372-01 to Southeastern Equipment Co., Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 211-02) ...... 834 Glass (auto / truck) repair — contract per Ord. 360-01 to Advanced Auto Glass, Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 209-02) ...... 834

Board of Control — Public Utilities Department

East 143rd Street sewer replacement — contract per Ord. 831-01 to Delta Plumbing, Inc., d.b.a. Fox Construction & Equipment — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 201-02) ...... 832 High voltage switching equipment — contract per C.O. Sec. 129.26 to Cooper Power Systems — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 196-02) ...... 832 High voltage switching equipment — contract per C.O. Sec. 129.26 to National Power X/Utiliserve, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 197-02) ...... 832 High voltage switching equipment — contract per C.O. Sec. 129.26 to Electric Laboratories & Sales Corp. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 198-02) ...... 832 Vehicle maintenance equipment — contract per Ord. 843-01 to Nozzlenew, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 199-02) ...... 832 Vehicle maintenance equipment — contract per Ord. 843-01 to Towlift, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 200-02)...... 832

Board of Control — Purchases and Supplies Division

Sell parcel (Block F of the Lee-Seville / Cleveland Outerbelt Industrial Park) — amend BOC Res. 137-01 (BOC Res. 216-02) ...... 835

Board of Control — Recreation Division

Beer — contract per Ord. 81-01 to The House of LaRose Cleveland, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 212-02) ...... 834 Fertilizers, pesticides and seed — contract per Ord. 81-01 to Lesco, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 220-02) ...... 836 Fertilizers, pesticides and seed — contract per Ord. 81-01 to Turfgrass, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 221-02)...... 836

Board of Control — Requirement Contracts

Asphalt, concrete and tack coat for roadway / runway repair — contract per Ord. 2022-01 to The Osterland Company — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 217-02) ...... 835 Beer — contract per Ord. 81-01 to The House of LaRose Cleveland, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 212-02) ...... 834 Blaw Knox paver parts and labor — contract per Ord. 372-01 to Columbus Equipment Co. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 210-02) ...... 834 Cab / chassis with utility service body / pipe repair truck, large — contract per Ord. 1685-2000 and 99-01 to Valley Ford Truck Sales, Inc. — Dept. of Finance (BOC Res. 195-02) ...... 831 Case equipment parts and labor — contract per Ord. 372-01 to Southeastern Equipment Co., Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 211-02) ...... 834 Fertilizers, pesticides and seed — contract per Ord. 81-01 to Lesco, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 220-02) ...... 836 Fertilizers, pesticides and seed — contract per Ord. 81-01 to Turfgrass, Inc. — Division of Recreation, Dept. of Parks, Recreation and Properties (BOC Res. 221-02)...... 836 Glass (auto / truck) repair — contract per Ord. 360-01 to Advanced Auto Glass, Inc. — Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 209-02) ...... 834 High voltage switching equipment — contract per C.O. Sec. 129.26 to Cooper Power Systems — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 196-02) ...... 832 High voltage switching equipment — contract per C.O. Sec. 129.26 to National Power X/Utiliserve, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 197-02) ...... 832 864 April 24, 2002 The City Record 53

High voltage switching equipment — contract per C.O. Sec. 129.26 to Electric Laboratories & Sales Corp. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 198-02) ...... 832 Plumbing system maintenance — amend BOC Res. 105-02 — Divisions of Burke Lakefront Airport and Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 207-02) ...... 834 Roofing systems — contract per Ord. 1012-01 to A. W. Farrell & Son, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 205-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to Hal Jones Construction Co. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 206-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to T & F Systems Inc. — rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 202-02)...... 833 Roofing systems — contract per Ord. 1012-01 to T & F Systems Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 218-02) ...... 836 Roofing systems — contract per Ord. 1012-01 to Warren Roofing Systems, Inc. — rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 204-02) ...... 833 Roofing systems — contract per Ord. 1012-01 to Warren Roofing Systems, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 219-02)...... 836 Roofing systems — contract per Ord. 1012-01 to West Roofing Systems Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 203-02) ...... 833

Board of Control — Standard Purchase Contracts

Vehicle maintenance equipment — contract per Ord. 843-01 to Nozzlenew, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 199-02) ...... 832 Vehicle maintenance equipment — contract per Ord. 843-01 to Towlift, Inc. — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 200-02)...... 832

Board of Control — Traffic Engineering and Parking Division

Aluminum traffic signs and blanks — per Ord. 2082-01 — all bids rejected — Division of Traffic Engineering and Parking, Dept. of Public Service (BOC Res. 208-02) ...... 834

Board of Control — Water Pollution Control Division

East 143rd Street sewer replacement — contract per Ord. 831-01 to Delta Plumbing, Inc., d.b.a. Fox Construction & Equipment — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 201-02) ...... 832

Board of Zoning Appeals — Report

Catalpa Road, 1658, (Ward 10) – Tracy Jackson, owner — appeal heard on 04/22/02 (Cal. 02-58)...... 838 Chambers Avenue, 6718, (Ward 12) – Gene Kasky, owner — appeal denied and adopted on 04/22/02 (Cal. 02-48)...... 838 Detroit Avenue, 2920, (Ward 13) – Anita Nonneman, owner, and Douglas Wahl, agent — appeal granted and adopted on 04/22/02 (Cal. 02-47) ...... 838 Eaglesmere Avenue, 13416, (Ward 10) – Clifford Hayes, owner — appeal heard on 04/22/02 (Cal. 02-60)...... 838 East 30th Street, 1609-1611, (Ward 13) – Asia Plaza Company, owner c/o Steve Hon, agent — appeal heard on 04/22/02 (Cal. 02-59) ...... 838 East 66th Street, 1605, (Ward 7) – Catholic Charities Facilities Corporation, owner, and Maryellen Staab, agent — appeal postponed to 06/10/02 on 04/22/02 (Cal. 02-49) ...... 838 East 66th Street, 1607, (Ward 7) – Catholic Charities Facilities Corporation, owner, and Maryellen Staab, agent — appeal postponed to 06/10/02 on 04/22/02 (Cal. 02-50) ...... 838 East 66th Street, 1609, (Ward 7) – Catholic Charities Facilities Corporation, owner, and Maryellen Staab, agent — appeal postponed to 06/10/02 on 04/22/02 (Cal. 02-51) ...... 838 East 66th Street, 1611, (Ward 7) – Catholic Charities Facilities Corporation, owner, and Maryellen Staab, agent — appeal postponed to 06/10/02 on 04/22/02 (Cal. 02-52) ...... 838 East 66th Street, 1613, (Ward 7) – Catholic Charities Facilities Corporation, owner, and Maryellen Staab, agent — appeal postponed to 06/10/02 on 04/22/02 (Cal. 02-53) ...... 838 Jenne Avenue, 14113-14115, (Ward 10) – Thomas Branch, owner — appeal postponed to 05/28/02 on 04/22/02 (Cal. 02-56) ...... 838 Lakeshore Boulevard, 14821, (Ward 11) – Dan Postotnic, owner — appeal dismissed on 04/22/02 (Cal. 02-55)...... 838 Superior Avenue, 6602, (Ward 7) – Demetrious Davis, owner — appeal withdrawn on 04/22/02 (Cal. 02-57)...... 838 West 10th Street, 2016, (Ward 13) – Tremont Ridge Ltd. Partnership, owner c/o Keith Sutton — appeal granted and adopted on 04/22/02 (Cal. 02-46) ...... 838 West 150th Street, 4193, (Ward 20) – Carriage Auto Wash, owner, c/o Mike Bizjak, agent — appeal granted and adopted on 04/22/02 (Cal. 02-24) ...... 838 West 25th Street, 1848, (Ward 13) – Teg Properties, owner, c/o Brian Dolzine, agent — appeal granted and adopted on 04/22/02 (Cal. 02-07) ...... 838 865 54 The City Record April 24, 2002

Board of Zoning Appeals — Schedule

Bridge Avenue, 2602, (Ward 13) – Hallie Incorporated, owners c/o Miriam Colen, agent - appeal to be heard on 05/06/02 (Cal. 02-69) ...... 837 Cypress Avenue, 3914, (Ward 16) – Theodore Harrah, owner — appeal to be heard on 05/06/02 (Cal. 02-71)...... 837 East 124th Street, 2787, (Ward 6) – Theresa Williams, owner — appeal to be heard on 05/06/02 (Cal. 02-73)...... 838 Lorain Avenue, 15725, (Ward 21) – Seven Seas, owner c/o Bob Dudik, agent — appeal to be heard on 05/06/02 (Cal. 02-72) ...... 837 School Avenue, 15715, (Ward 11) – Wendell Kemerer, owner — appeal to be heard on 05/06/02 (Cal. 02-70)...... 837 West 26th Street, 1826, (Ward 13) – Hallie Incorporated, owners c/o Miriam Colen, agent — appeal to be heard on 05/06/02 (Cal. 02-67) ...... 837 West 26th Street, 1830, (Ward 13) – Hallie Incorporated, owner c/o Miriam Colen, agent — appeal to be heard on 05/06/02 (Cal. 02-68) ...... 837 West 63rd Street, 3311, (Ward 17) – Antonio Millett, owner — appeal to be heard on 05/06/02 (Cal. 02-22)...... 837

City of Cleveland Bids

Aluminum traffic signs — Department of Public Service — Division of Traffic Engineering and Parking — per Ord. 2082-01 — bid due May 16, 2002 (advertised 4/24/2002 and 5/1/2002)...... 839 Atomic absorption spectrometer for blood analysis — Department of Public Health - Division of Environment — per Ord. 536-02 — bid due May 9, 2002 (advertised 4/24/2002 and 5/1/2002)...... 839 Automotive and truck parts — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 354-02 — bid due May 10, 2002 (advertised 4/17/2002 and 4/24/2002)...... 839 Biological testing media and appurtenances — Department of Public Utilities — Division of Water — per C.O. Sec. 129.28 — bid due May 16, 2002 (advertised 4/24/2002 and 5/1/2002)...... 839 Electric meters — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 25-01 — bid due May 10, 2002(advertised 4/17/2002 and 4/24/2002) ...... 839 Galion / Dresser construction equipment parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 368-01 — bid due May 8, 2002(advertised 4/17/2002 and 4/24/2002) ...... 838 Gasoline — Department of Public Service — Division of Motor Vehicle Maintenance - per Ord. 353-02 — bid due May 10, 2002(advertised 4/17/2002 and 4/24/2002) ...... 839 Laboratory equipment, testing and analytical services: Biological and chemical testing supplies — Department of Public Utilities — Division of Water — per C.O. Sec. 129.28 — bid due May 22, 2002(advertised 4/24/2002 and 5/1/2002)...... 839 Motorcycles, police solo — Department of Public Safety — Division of Motor Vehicle Maintenance — per Ord. 497-01 — bid due May 15, 2002 (advertised 4/24/2002 and 5/1/2002)...... 839 Outdoor lighting program installation — Department of Public Utilities — Division of Cleveland Public Power — per Ord. 822-2000 — bid due May 9, 2002 (advertised 4/17/2002 and 4/24/2002)...... 839 Pool chemicals — Department of Parks, Recreation and Properties — Division of Recreation — per Ord. 356-02 — bid due May 9, 2002(advertised 4/24/2002 and 5/1/2002) ...... 839 Quicklime — Department of Public Utilities — Division of Water — per C.O. Sec. 129.24 - bid due May 15, 2002(advertised 4/24/2002 and 5/1/2002)...... 839 Ridge Road Transfer Station landscape design — Department of Public Service — per Ord. 318-99 — bid due May 9, 2002(advertised 4/24/2002 and 5/1/2002) ...... 839 Trucks, large 17-ton with operators — Department of Finance — per Ord. 352-02 — bid due May 10, 2002(advertised 4/17/2002 and 4/24/2002)...... 839 Vitrified clay pipe — Department of Public Utilities — Division of Water Pollution Control — per C.O. Sec. 129.27 — bid due April 26, 2002 (advertised 4/17/2002 and 4/24/2002)...... 838

City Planning Commission

Bessemer Ave., 8825 — John and Jean Pobega — Land Reutilization Program (Ward 5) (O 2194-01) ...... 843 Brookline Ave. — Clayton R. Holland, III. — Land Reutilization Program — Community Development Dept. (O 83-02) ...... 844 Burten, Bell Carr Development, Inc. — Homeownership Zone Project — Economic Development Initiative Grant — contract — Community Development Dept. (O 1913-01) ...... 827-829 City of Parma — agreement — uses and districts across common boundaries — zoning laws (O 483-02) ...... 827-830 866 April 24, 2002 The City Record 55

Duct line, underground — street lighting bases and pull boxes — install — contract — Cleveland Public Power — Public Utilities Dept. (O 1955-01) ...... 842 E. 152 St., 813 — transfer property — Parks, Recreation & Properties Dept. — Community Development Dept. (O 2197-01) ...... 844 Economic Adjustment Strategy Grant — apply — accept — Economic Development Administration, (O 228-02) ...... 848 Kinsman Rd. — Original Harvest Missionary Baptist Church — Land Reutilization Program (Ward 4) (O 2193-01) ...... 843 Quincy Ave., 8208 — Greater Gospel Temple Apostolic Overcoming Holy — Land Reutilization Program (Ward 6) (O 2189-01) ...... 842

Cleveland Hopkins International Airport

March 2002, Monthly Report — Program Management Team, Parsons, Tyler, Choice (F 703-02) ...... 815 Rytheon Systems Company — runway monitor (O 724-02)...... 816

Cleveland Public Power

Computer software vendors — SCADA system software — Public Utilities Dept. (O 1951-01) ...... 828 Diesel fuel — purchase (O 528-02)...... 828 Duct line, underground — street lighting bases and pull boxes — install — contract — Public Utilities Dept. (O 1955-01) ...... 842 Magnet postcards (O 1048-01) ...... 828-T

Codified Ordinances

Dog waste — new Section 603.041 (O 728-02)...... 818 Door-to-door solicitors — new Sections 675A.01 and 675A.02 (O 142-91) ...... 828-T Predatory lending — new Secs. 659.01 through 659.06 & 659.99 & Sec. 178.181 — amend Sec. 178.07 (O 737-02) ...... 821

Communications

March 2002, Monthly Report — Cleveland Hopkins International Airport — Program Management Team, Parsons, Tyler, Choice (F 703-02) ...... 815 Ohio Department of Transportation — copy of co-operative contract — Cleveland — Cuyahoga County, Project No. 203(02) (F 702-02)...... 815

Community Development

Bessemer Ave., 8825 — John and Jean Pobega — Land Reutilization Program (Ward 5) (O 2194-01) ...... 843 Brookline Ave. — Clayton R. Holland, III. — Land Reutilization Program (O 83-02) ...... 844 Burten, Bell Carr Development, Inc. — Homeownership Zone Project — Economic Development Initiative Grant — contract (O 1913-01) ...... 827-829 CDBG Year 28 — grants — 2002 Federal HOME Grant Program — Emergency Shelter Program — Housing Opportunities for Persons with AIDS Program — U.S. Dept. of Housing and Urban Development (O 130-02) ...... 816-845 E. 152 St., 813 — transfer property — Parks, Recreation & Properties Dept. (O 2197-01) ...... 844 Kinsman Rd. — Original Harvest Missionary Baptist Church — Land Reutilization Program (Ward 4) (O 2193-01) ...... 843 Madison Avenue, 9901— to Trinity Methodist Church of God — Land Reutilization Program (O 1509-01) ...... 841 Parks Works, Inc — agreement — Adult Basic Landscape Training Program — Ward 3 Neighborhood Equity Funds (O 739-02) ...... 825 PeopleSoft System — contract — Maximus (O 1866-01) ...... 828 Quincy Ave., 8208 — Greater Gospel Temple Apostolic Overcoming Holy — Land Reutilization Program (Ward 6) (O 2189-01) ...... 842 Rudy’s Mini Mart, Ltd. — renovate — Neighborhood Equity Funds (Ward 4) (O 1914-01)...... 829-T Woodhaven Development Project — Phase I — contract — Departments of Community Development, Public Service and Public Utilities (O 224-02) ...... 827-829

Community Development Block Grant Program

CDBG Year 28 — 2002 Federal HOME Grant Program — Emergency Shelter Program — Housing Opportunities for Persons with AIDS Program — U.S. Dept. of Housing and Urban Development (O 130-02) ...... 816-845 867 56 The City Record April 24, 2002

Condolences

Lewis, William (R 711-02) ...... 816 Moore Smith, Birteen (R 712-02)...... 816

Congratulations

Deighton, William E. (R 714-02) ...... 816 Kennard, Bryan (R 718-02)...... 816 Lanzola, Louis & Helen (R 719-02) ...... 816 McNeeley (Commander) (R 716-02) ...... 816 Nelson, Eddie (R 717-02) ...... 816 Saltzman, Burton (R 715-02) ...... 816 Toney, Becky (R 713-02) ...... 816

Congress of United States

District of Columbia — representation — U. S. House of Representative & U.S. Senate (R 743-02) ...... 826

Contracts

Burten, Bell Carr Development, Inc. — Homeownership Zone Project — Economic Development Initiative Grant — Community Development Dept. (O 1913-01) ...... 827-829 Datamatics system — customer account services — Water Division — Public Utilities Dept. (O 2359-01) ...... 828 Lorain Ave., 14550 — lease — sixth amendment to Contract No. 38890 (O 727-02) ...... 817 PeopleSoft System — Maximus — Community Development Dept. (O 1866-01) ...... 828 Solid waste — transfer and disposal — Division of Waste Collection and Disposal (O 479-02) ...... 827-829 Woodhaven Development Project — Phase I — Departments of Community Development, Public Service and Public Utilities (O 224-02) ...... 827-829

Cuyahoga County

W. 14th St. — rehabilitation — between Jennings Freeway ramp and Abbey Ave. — consent (O 407-02) ...... 850

East Side Market Project

West Side and East Side Markets Millennium Project — alter and modify Contract No. 56521 — Envirocom Construction, Inc. — Parks, Recreation and Properties Dept. (O 1507-01)...... 829-T West Side and East Side Markets Millennium Project — alter and modify Contract No. 56436 — RW Clark Company — Parks, Recreation and Properties Dept. (O 1506-01)...... 829-T

Economic Development Department

Burten, Bell Carr Development, Inc. — Homeownership Zone Project — Economic Development Initiative Grant — contract — Community Development Dept. (O 1913-01) ...... 827-829 Economic Adjustment Strategy Grant — apply — accept — Economic Development Administration, (O 228-02) ...... 848 M. Rivera Construction — agreement — FL Thompson Building — Ward 14 Neighborhood Equity Funds (O 735-02)...... 819 Quincy Ave., Keyes Ave., E. 79th St. & E. 82nd St. — area bounded — elimination of slum — Acquisition and Development Loan — Fairfax Renaissance Development Corporation (O 366-02) ...... 848

Finance Department

Compensation — Sects. 5 & 38 of Ord. No. 469-02 (O 736-02)...... 820 Concrete — ready mix — Sect. 2 of Ord. No. 343-02 (O 722-02) ...... 816 Financial audit — contract — Jim Petro, Auditor of State (O 692-02) ...... 860 MITIS software — purchase — Sybase, Inc. — Division of Taxation (O 723-02) ...... 816 868 April 24, 2002 The City Record 57

Grants

Burten, Bell Carr Development, Inc. — Homeownership Zone Project — Economic Development Initiative Grant — contract — Community Development Dept. (O 1913-01) ...... 827-829 CDBG Year 28 — 2002 Federal HOME Grant Program — Emergency Shelter Program — Housing Opportunities for Persons with AIDS Program — U.S. Dept. of Housing and Urban Development — Community Development Dept. (O 130-02) ...... 816-845 Economic Adjustment Strategy Grant — apply — accept — Economic Development Administration, (O 228-02) ...... 848 W. 25th St. — resurfacing — between Brooklyn-Brighton Bridge & Detroit Ave. — Ohio Department of Transportation (O 406-02) ...... 849

Hermes Race Systems

March of Dimes Walk — permit — March of Dimes and Hermes Race Systems (Ward 13) (O 689-02) ...... 859

Housing and Urban Development (HUD)

CDBG Year 28 — grants — 2002 Federal HOME Grant Program — Emergency Shelter Program — Housing Opportunities for Persons with AIDS Program — U.S. Dept. of Housing and Urban Development — Community Development Dept. (O 130-02) ...... 816-845

Land Reutilization Program

Bessemer Ave., 8825 — John and Jean Pobega (Ward 5) (O 2194-01) ...... 843 Brookline Ave. — Clayton R. Holland, III. (O 83-02) ...... 844 E. 55th St., 2239 & 2234 — Kelly Rice (O 283-02) ...... 827-829 E. 80th St. and Preble; E. 81St. — KINBESS, LLC. (O 223-02)...... 827-829 Kinsman Rd. — Original Harvest Missionary Baptist Church Ward 4) (O 2193-01) ...... 843 Madison Avenue, 9901— to Trinity Methodist Church of God (O 1509-01)...... 841 Quincy Ave., 8208 — Greater Gospel Temple Apostolic Overcoming Holy (Ward 6) (O 2189-01) ...... 842

Law Department

Cable modem services — regulate — local government — FCC — file comments (R 742-02) ...... 826

Liquor Permits

Cedar Ave., 8302 — objection — withdraw (R 741-02) ...... 825 Coit Rd., 14643 — objection — withdraw (Ward 10) (R 695-02) ...... 840 E. 185th St., 910 — objection — withdraw (Ward 11) (R 697-02) ...... 840 E. 93rd St., 3314 — objection — withdraw (Ward 5) (R 696-02) ...... 840 Euclid Ave., 410 Suite 152 — transfer (Ward 13) (F 709-02) ...... 815 Holmes Ave., 15638 — new (Ward 11) (F 705-02) ...... 815 Lakeview Rd., 970 — objection — withdraw (Ward 8) (R 698-02) ...... 840 Lee Rd., 4060 — objection — withdraw (R 744-02) ...... 826 Madison Ave., 10500 — transfer — liquor permit — (Ward 19) (F 704-02) ...... 815 Madison Ave., 10500 — transfer — objection (Ward 19) (R 740-02) ...... 825 Memphis Ave., 4915 — new (Ward 16) (F 706-02) ...... 815 Mt. Carmel Ave., 11543-5 — objection — withdraw (Ward 6) (R 694-02) ...... 839 Puritas Ave., 14939 — objection (Ward 20) (R 700-02) ...... 841 Rexford Ave., 12312 — objection — withdraw (Ward 2) (R 701-02)...... 841 St. Clair Ave., 15521 — objection — withdraw (R 745-02) ...... 827 Superior Ave., 11239-43 — transfer (Ward 9) (F 710-02)...... 815 W. 140th St., 4050 — objection (Ward 20) (R 699-02) ...... 840 W. 14th St., 2161 — transfer (Ward 13) (F 707-02) ...... 815 Western Ave., 11121 — transfer (Ward 19) (F 708-02) ...... 815

Neighborhood Equity Funds

M. Rivera Construction — agreement — FL Thompson Building — Ward 14 (O 735-02) ...... 819 Parks Works, Inc — agreement — Adult Basic Landscape Training Program — Ward 3 (O 739-02) ...... 825 Rudy’s Mini Mart, Ltd. — renovate (Ward 4) (O 1914-01) ...... 829-T 869 58 The City Record April 24, 2002

Ohio Department of Transportation (ODOT)

Copy of co-operative contract — Cleveland — Cuyahoga County, Project No. 203(02) (F 702-02) ...... 815 W. 25th St. — resurfacing — between Brooklyn-Brighton Bridge & Detroit Ave. (O 406-02) ...... 849

Parks, Recreation and Properties Department

Dollar Bank — cash donation — recreational purposes (O 729-02)...... 818 E. 152 St., 813 — transfer property — Community Development Dept. (O 2197-01) ...... 844 Electric motors and pumps — Division of Property Management (O 539-02) ...... 828 League Park expansion — purchase a site adjacent (O 220-02) ...... 847 West Side and East Side Markets Millennium Project — alter and modify Contract No. 56521 — Envirocom Construction, Inc. (O 1507-01)...... 829-T West Side and East Side Markets Millennium Project — alter and modify Contract No. 56436 — RW Clark Company (O 1506-01) ...... 829-T

Permits

CVS/pharmacy — 2002 Cleveland Marathon (Ward 13) (O 688-02) ...... 859 March of Dimes Walk — March of Dimes and Hermes Race Systems (Ward 13) (O 689-02) ...... 859 New Day in Hough Walk, Race and Parade — New Day in Hough Committee (O 738-02) ...... 825 Tobacco Free Sport-Play It Clean (Walk) — Cuyahoga County Tobacco Control Coalition (O 734-02) ...... 819

Personnel Department

COBRA program — administer — Ceridian Benefits Services (O 730-02) ...... 818 Salaries — amend Sections 5, 30, 34, 38 & 42 of Ord. No. 469-02 (O 639-02) ...... 852 Workers’ compensation actuarial — auditing services — Integrated Consultant Services, Ltd. (O 731-02) ...... 818

Plats

Sutton Builders, Inc. — Subdivision, Dedication and Widening (Ward 13) (F 623-02) ...... 815 West 110th Street — Dedication (Ward 19) (F 624-02)...... 816

Port Control Department

Interior plants and exterior site landscaping — maintain and replace (O 126-02) ...... 828 Rubber and paint — removal from paved surfaces — amend Ord. No. 1576-2000 (O 216-02) ...... 845 Rytheon Systems Company — runway monitor — Cleveland Hopkins International Airport (O 724-02) ...... 816 Security guard services (O 127-02)...... 828

Purchases and Supplies Division

League Park expansion — purchase a site adjacent (O 220-02) ...... 847

Recognition

Enterprise Foundations (R 720-02)...... 816 Merriman, Bill & Jean (R 721-02) ...... 816

Residence Requirements

Residency requirement — condition — oppose — State legislature (R 139-01) ...... 839

Resolutions — Miscellaneous

Cable modem services — regulate — local government — FCC — file comments (R 742-02) ...... 826 District of Columbia — representation — U. S. House of Representative & U.S. Senate (R 743-02) ...... 826 Residency requirement — condition — oppose — State legislature (R 139-01)...... 839 870 April 24, 2002 The City Record 59

Right-of-Way

Broom Court N.W. — Mr. Joel Cole, President of Network Parking (O 726-02) ...... 817

Salaries

Compensation — Sects. 5 & 38 of Ord. No. 469-02 (O 736-02)...... 820 Salaries — amend Sections 5, 30, 34, 38 & 42 of Ord. No. 469-02 (O 639-02) ...... 852

Service Department

Broom Court N.W. — right-of-way — Mr. Joel Cole, President of Network Parking (O 726-02) ...... 817 Chadakoin Court S.E., E. 57th St., Tivoli Court S.E., & E. 59th Pl. — vacate (Ward 5) (O 732-02) ...... 818 Lorain Ave., 14550 — lease — sixth amendment to Contract No. 38890 (O 727-02) ...... 817 Payne Court N.E., E. 25th Pl. & E. 23rd Pl. — intention to vacate (R 733-02)...... 819 Sidewalks — repair — pilot program — Wards 19 & 20 (O 725-02)...... 816

Sewers

Sewer and catch basin cleaners — repair and maintain — amend Section 2 of Ord. No. 414-2000 (O 347-02)...... 828

Sidewalks

Easement interests — within the FBI field office property (O 280-02) ...... 827-829 Repair — pilot program — Wards 19 and 20 (O 725-02) ...... 816

State Auditor

Financial audit — contract — Jim Petro, Auditor of State (O 692-02) ...... 860

Street Vacation

Chadakoin Court S.E., E. 57th St., Tivoli Court S.E., & E. 59th Pl. (Ward 5) (O 732-02) ...... 818 Concord Court S.W. — intention (R 292-02) ...... 828-831 Engel CT. S.E., Woolen CT. S.E., and Recreation CT. S.E. (Ward 12) (O 219-02) ...... 846 Payne Court N.E., E. 25th Pl. & E. 23rd Pl. — intention (R 733-02) ...... 819 Williams Ave. & E. 128th St. (Ward 4) (O 218-02)...... 845

Tabled Legislation

Door-to-door solicitors — new Sections 675A.01 and 675A.02 (O 142-91) ...... 828-T Magnet postcards — Cleveland Public Power (O 1048-01) ...... 828-T Rudy’s Mini Mart, Ltd. — renovate — Neighborhood Equity Funds (Ward 4) (O 1914-01)...... 829-T West Side and East Side Markets Millennium Project — alter and modify Contract No. 56521 — Envirocom Construction, Inc. — Parks, Recreation and Properties Dept. (O 1507-01)...... 829-T West Side and East Side Markets Millennium Project — alter and modify Contract No. 56436 — RW Clark Company — Parks, Recreation and Properties Dept. (O 1506-01)...... 829-T

Taxation Division

MITIS software — purchase — Sybase, Inc. (O 723-02) ...... 816

Utilities Department

Burten, Bell Carr Development, Inc. — Homeownership Zone Project — Economic Development Initiative Grant — contract — Community Development Dept. (O 1913-01) ...... 827-829 Catch basins and manholes — citywide — public improvement (O 386-02) ...... 827-829 Computer software vendors — SCADA system software (O 1951-01) ...... 828 Datamatics system — customer account services — contract — Water Division (O 2359-01) ...... 828 Diesel engine tractor, enclosed cab & snow removal equipment — contract — Water Division (O 2362-01) ...... 828 Diesel fuel — purchase — Cleveland Public Power (O 528-02) ...... 828 871 60 The City Record April 24, 2002

Duct line, underground — street lighting bases and pull boxes — install — contract — Cleveland Public Power (O 1955-01) ...... 842 Magnet postcards — Cleveland Public Power (O 1048-01) ...... 828-T Paper products — contract — Water Division (O 2357-01) ...... 828 Pump stations — — repair — Division of Water Pollution Control (O 346-02) ...... 828 Sewer and catch basin cleaners — repair and maintain — amend Section 2 of Ord. No. 414-2000 (O 347-02) ...... 828 Woodhaven Development Project — Phase I — contract — Departments of Community Development, Public Service and Public Utilities (O 224-02) ...... 827-829

Ward 01

Lee Rd., 4060 — objection — withdraw (R 744-02) ...... 826 Lewis, William — condolence (R 711-02)...... 816

Ward 02

Rexford Ave., 12312 — objection — withdraw (R 701-02) ...... 841

Ward 03

Parks Works, Inc — agreement — Adult Basic Landscape Training Program — Ward 3 Neighborhood Equity Funds (O 739-02) ...... 825

Ward 04

Kinsman Rd. — Original Harvest Missionary Baptist Church — Land Reutilization Program (O 2193-01) ...... 843 Rudy’s Mini Mart, Ltd. — renovate — Neighborhood Equity Funds (Ward 4) (O 1914-01)...... 829-T Williams Ave. & E. 128th St. — vacate (O 218-02)...... 845

Ward 05

Bessemer Ave., 8825 — John and Jean Pobega — Land Reutilization Program (O 2194-01) ...... 843 Chadakoin Court S.E., E. 57th St., Tivoli Court S.E., & E. 59th Pl. — vacate (O 732-02) ...... 818 E. 55th St., 2239 & 2234 — Land Reutilization Program — Kelly Rice (O 283-02) ...... 827-829 E. 80th St. and Preble; E. 81St. — Land Reutilization Program — KINBESS, LLC. (O 223-02) ...... 827-829 E. 93rd St., 3314 — objection — withdraw (R 696-02) ...... 840

Ward 06

Cedar Ave., 8302 — objection — withdraw (R 741-02) ...... 825 Moore Smith, Birteen — condolence (R 712-02) ...... 816 Mt. Carmel Ave., 11543-5 — objection — withdraw (R 694-02) ...... 839 Quincy Ave., 8208 — Greater Gospel Temple Apostolic Overcoming Holy — Land Reutilization Program (O 2189-01)...... 842 Ward 6 Multi-Cultural Community Festival — banner — annual festival (O 687-02) ...... 859

Ward 07

Brookline Ave. — Clayton R. Holland, III. — Land Reutilization Program — Community Development Dept. (O 83-02) ...... 844 New Day in Hough Walk, Race and Parade — permit — New Day in Hough Committee (O 738-02) ...... 825

Ward 08

Lakeview Rd., 970 — objection — withdraw (Ward 8) (R 698-02) ...... 840

Ward 09

Hessler Neighborhood Association — banner — special event (Ward 9) (O 691-02) ...... 860 Superior Ave., 11239-43 — transfer (Ward 9) (F 710-02)...... 815

Ward 10

Coit Rd., 14643 — objection — withdraw (Ward 10) (R 695-02) ...... 840 872 April 24, 2002 The City Record 61

Ward 11

E. 185th St., 910 — objection — withdraw (Ward 11) (R 697-02) ...... 840 Holmes Ave., 15638 — new (Ward 11) (F 705-02) ...... 815 St. Clair Ave., 15521 — objection — withdraw (R 745-02) ...... 827

Ward 12

Engel CT. S.E., Woolen CT. S.E., and Recreation CT. S.E. — vacate (Ward 12) (O 219-02) ...... 846 Lanzola, Louis & Helen — congratulation (R 719-02) ...... 816 Polish Constitution Day Parade. — twelve (12) Flags — Mr. Anthony A. Zajac (Ward 12) (O 693-02) ...... 860

Ward 13

Broom Court N.W. — right-of-way — Mr. Joel Cole, President of Network Parking (O 726-02) ...... 817 CVS/pharmacy — permit — 2002 Cleveland Marathon (Ward 13) (O 688-02) ...... 859 Detroit Ave. — resurfacing — between W. 65th St. & W. 25th St. (O 408-02)...... 851 Euclid Ave., 410 Suite 152 — transfer (Ward 13) (F 709-02) ...... 815 March of Dimes Walk — permit — March of Dimes and Hermes Race Systems (Ward 13) (O 689-02) ...... 859 Merriman, Bill & Jean — recognition (R 721-02) ...... 816 Payne Court N.E., E. 25th Pl. & E. 23rd Pl. — intention to vacate (R 733-02)...... 819 Saltzman, Burton — congratulation (R 715-02) ...... 816 Sutton Builders, Inc. — Subdivision, Dedication and Widening Plat. (Ward 13) (F 623-02) ...... 815 Tobacco Free Sport-Play It Clean (Walk) — permit — Cuyahoga County Tobacco Control Coalition (O 734-02) ...... 819 W. 14th St. — rehabilitation — between Jennings Freeway ramp and Abbey Ave. — consent — County of Cuyahoga (O 407-02) ...... 850 W. 14th St., 2161 — transfer (Ward 13) (F 707-02) ...... 815 W. 25th St. — resurfacing — between Brooklyn-Brighton Bridge & Detroit Ave. — Ohio Department of Transportation (O 406-02) ...... 849

Ward 14

M. Rivera Construction — agreement — FL Thompson Building — Ward 14 Neighborhood Equity Funds (O 735-02)...... 819 Toney, Becky — congratulation (R 713-02) ...... 816 W. 25th St. — resurfacing — between Brooklyn-Brighton Bridge & Detroit Ave. — Ohio Department of Transportation (O 406-02) ...... 849 West Side Catholic Center — seven (7) banners — special event (Ward 14) (O 690-02) ...... 860

Ward 15

Enterprise Foundations — recognition (R 720-02) ...... 816 Kennard, Bryan — congratulation (R 718-02) ...... 816 Nelson, Eddie — congratulation (R 717-02)...... 816 W. 25th St. — resurfacing — between Brooklyn-Brighton Bridge & Detroit Ave. — Ohio Department of Transportation (O 406-02) ...... 849

Ward 16

City of Parma — agreement — uses and districts across common boundaries — zoning laws (O 483-02) ...... 827-830 Concord Court S.W. — vacate — intention (R 292-02) ...... 828-831 Memphis Ave., 4915 — new (Ward 16) (F 706-02) ...... 815

Ward 17

Detroit Ave. — resurfacing — between W. 65th St. & W. 25th St. (O 408-02)...... 851

Ward 18

McNeeley (Commander) — congratulation (R 716-02) ...... 816 873 62 The City Record April 24, 2002

Ward 19

Deighton, William E. — congratulation (R 714-02) ...... 816 Madison Ave., 10500 — transfer — liquor permit — (Ward 19) (F 704-02) ...... 815 Madison Ave., 10500 — transfer — objection (Ward 19) (R 740-02) ...... 825 Sidewalks — repair — pilot program — Wards 19 and 20 (O 725-02) ...... 816 West 110th Street — Dedication Plat. (Ward 19) (F 624-02) ...... 816 Western Ave., 11121 — transfer (Ward 19) (F 708-02) ...... 815

Ward 20

McNeeley (Commander) — congratulation (R 716-02) ...... 816 Puritas Ave., 14939 — objection (Ward 20) (R 700-02) ...... 841 Sidewalks — repair — pilot program — Wards 19 and 20 (O 725-02) ...... 816 W. 140th St., 4050 — objection (Ward 20) (R 699-02) ...... 840

Ward 21

Waste Collection and Disposal Division

Municipal solid waste — disposal — Division of Waste Collection and Disposal (O 534-02) ...... 828-830 Solid waste — transfer and disposal — Division of Waste Collection and Disposal (O 479-02) ...... 827-829

Water Division

Computer software vendors — SCADA system software — Public Utilities Dept. (O 1951-01) ...... 828 Datamatics system — customer account services — contract — Water Division — Public Utilities Dept. (O 2359-01) ...... 828 Diesel engine tractor, enclosed cab & snow removal equipment — contract — Water Division — Public Utilities Dept. (O 2362-01) ...... 828 Paper products — contract — Water Division — Public Utilities Dept. (O 2357-01) ...... 828

Water Pollution Control Division

Pump stations — repair — Division of Water Pollution Control (O 346-02) ...... 828

West Side Market

West Side and East Side Markets Millennium Project — alter and modify Contract No. 56521 — Envirocom Construction, Inc. — Parks, Recreation and Properties Dept. (O 1507-01)...... 829-T West Side and East Side Markets Millennium Project — alter and modify Contract No. 56436 — RW Clark Company — Parks, Recreation and Properties Dept. (O 1506-01) ...... 829-T

Zoning

City of Parma — agreement — uses and districts across common boundaries — zoning laws (O 483-02) ...... 827-830

874