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

July the Twenty-Fifth, Two Thousand and One

Mayor Containing PAGE Michael R. White City Council 3 President of Council The Calendar 50 Michael D. Polensek Board of Control 50 Civil Service 55 Clerk of Council Board of Zoning Appeals 55 Ruby F. Moss Board of Building Standards and Building Appeals 56 Ward Name Public Notices 59 1 Joseph T. Jones Public Hearings 59 2 Robert J. White City of Cleveland Bids 59 3 Zachary Reed Adopted Resolutions 4 Kenneth L. Johnson and Ordinances 66 5 Frank G. Jackson Committee Meetings 124 6 Patricia J. Britt Index 125 7 Fannie M. Lewis 8 William W. Patmon 9 Craig E. Willis 10 Roosevelt Coats 11 Michael D. Polensek PRESORTED STANDARD U. S. POSTAGE PAID 12 Edward W. Rybka CLEVELAND, OHIO 13 Joe Cimperman Permit No. 1372 14 Nelson Cintron, Jr. 15 Merle R. Gordon 16 Michael C. O’Malley 17 Timothy J. Melena 18 Jay Westbrook 19 Dona Brady 20 Martin J. Sweeney 21 Michael A. Dolan

Pr inted on Recycled Pap e r DIRECTORY OF CITY OFFICIALS

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

Vol. 88 W E D N E S DAY, JULY 25, 2001 No. 4572 CITY COUNCIL OFFICIAL PUBLICATIONWEDNESDAYOF, JULYTHE 18, CITY2001 OF CLEVELAND

The City Record WEDNESDAY—Alternating VETO Published weekly under authority 10:00 A.M. — Aviation & Trans- File No. 213-01-A. of the Charter of the portation Committee: Dolan, Chair- City of Cleveland man; O’Malley, Vice Chairman; June 21, 2001 Subscription (by mail) $75.00 a year Brady, Jones, Patmon, Rybka, Swee- January 1 to December 31 n e y . BY HAND DELIVERY 10:00 A.M.—Public Safety Commit- Interim subscriptions prorated te e : Polensek, Chairman; Patmon, Cleveland City Council $6.25 per month Vice Chairman; Britt, Cimperman, 601 Lakeside Avenue Address all communications to Coats, Gordon, Jackson, Melena, Cleveland, Ohio 44114 S w e e n e y . RUBY F. MOSS To the City Council of the City of Cleveland: Clerk of Council WEDNESDAY—Alternating 216 City Hall I return to you herewith, disap- 1:30 P.M.—Public Utilities Com- proved and with my veto noted m i t t e e : O’Malley, Chairman; Pat- thereon, Ordinance No. 213-01. PERMANENT SCHEDULE mon, Vice Chairman; Britt, Coats, Ordinance No. 213-01 provides that Dolan, Melena, Polensek, Westbrook, “the Director of Public Safety, STANDING COMMITTEES Wi l l i s . through the Division of Fire, shall OF THE COUNCIL 1:30 P.M.—City Planning Commit- staff, operate and cause the fire boat to be maintained with a mini- 1998-2001 tee: Cimperman, Chairman; Rybka, Vice Chairman; Dolan, Jackson, mum of four firefighters on regular duty per company per twenty-four O’Malley, Reed, White. MONDAY hour day or each day of the year.” As was explained by representa- 9:30 A.M.—Public Parks, Property The following Committee is tives of the Law Department numer- & Recreation Committee: Rybka, subject to the Call of the Chair- ous time at the various Council Chairman; Dolan, Vice Chairman; m a n : committees meetings during which Brady, Britt, Johnson, Reed, Swee- Mayor’s Appointment Committee: this legislation was considered, ney. Cintron, Chairman; Britt, Jackson, Ordinance No. 213-01 conflicts with Jones, Sweeney. Charter Section 118, which gives the MONDAY—Alternating Director of Public Safety, through the Fire Chief, exclusive control 11:00 A.M.—Public Service Commit- over the assignment of Fire Division tee: Cintron, Chairman; Sweeney, OFFICIAL PROCEEDINGS personnel. In Novak v. Perk (1980), 64 Ohio Vice Chairman; Coats, Johnson, CITY COUNCIL St. 2d 43, the Ohio Supreme Court Jones, Melena, O’Malley, Westbrook, ______examined a similar ordinance which Willis. was passed by the Cleveland City 11:00 A.M.—Employment, Affirma- Cleveland, Ohio Council in 1976 and found that the tive Action & Training Committee: Wednesday, July 18, 2001. Council did not have the power White, Chairman; Lewis, Vice Chair- The meeting of the Council was under Cleveland’s Charter to enact man; Cintron, Coats, Gordon, John- called to order, The President, such legislation. The Court conclud- son, Jones. Michael D. Polensek, in the Chair. ed the “Section 118 clearly gives the Council Members present: Brady, fire chief exclusive authority over individual assignments of fire MONDAY Britt, Cimperman, Coats, Gordon, department personnel .... In so pro- Jackson, Jones, Lewis, Pa t m o n , viding, the framers of the charter 2:00 P.M.—Finance Committee: Pat- Reed, Rybka, Sweeney, Westbrook and mon, Chairman; Rybka, Vice Chair- signified an intention to place exclu- Wh i t e . sive, overall control of the city’s fire man; Britt, Cintron, Dolan, Lewis, Also present were Chief of Staff, Melena, O’Malley, Polensek, Swee- protection forces in the mayor or Zimomra, and Directors Carter, safety director. Such control neces- ney, White. Clark, Konicek, Sheperd, Whitlow, sarily includes the allocation of fire Guzman, Miller, Hudecek, Patterson, companies throughout the city. By TUESDAY Warren, Alexander, Dove, McCall, placing exclusive control of alloca- tion in the executive branch, the 9:30 A.M.—Community and Eco- and Ambroz, Acting Directors Brown and Johnson. framers intended to limit the leg- nomic Development Committee: islative power given the council, Absent: Mayor White. Melena, Chairman; Lewis, Vice precluding council from enacting an Chairman; Brady, Cimperman, Cin- ordinance regarding fire company tron, Jackson, Johnson, Jones, Pursuant to Ordinance No. 2976-76, allocation.” Willis. the Council Meeting was opened Because the Ohio Supreme Court with a moment of silent prayer. has held that Cleveland City Coun- TUESDAY—Alternating Pledge of Allegiance. cil does not have the power under the Charter of the City of Cleveland 1:00 P.M.—Public Health Commit- MOTION to enact legislation regarding allo- tee: Gordon, Chairman; Brady, Vice cation of the staff of the Fire Divi- Chairman; Cimperman, Jackson, On the motion of Council Member sion, I hereby veto Ordinance 213-01. Reed, Westbrook, Willis. Sweeney, the reading of the minutes Sincerely, 1:30 P.M.—Legislation Committee: of the last meeting was dispensed MICHAEL R. WHITE Lewis, Chairman; Jones, Vice Chair- with and the journal approved. Sec- Mayor. man; Coats, Gordon, Reed, West- onded by Council Member Cimper- brook, White. man. Received. 1669 4 The City Record July 25, 2001

COMMUNICATIONS appoint the following Council mem- Hilton Garden Inn Gateway, 1022 & bers to the Committee overseeing 1100 Carnegie Avenue. (Ward 13). File No. 1273-01. the Fund: Received. From Vorys, Sater, Seymour and Pease LLP — re: Application of Council President Michael D. File No. 1289-01. Dominion Cleveland Chilled Water Polensek (Ward 11). Re: New Application — 5284432 — Distribution to the Public Utilities Councilman Nelson Cintron, Jr., Look Enterprises LLC, 1871 West Commission of Ohio. Received. Council Majority Leader (Ward 14). 25th Street. (Ward 14). Received. Councilwoman Patricia J. Britt File No. 1274-01. (Ward 6). File No. 1290-01. From the Cleveland Public I look forward to our next Com- Re: Transfer of Ownership Ap- Library — re: Annual Report, Year mittee meeting to proceed with our plication — 8249886 — Smedley’s 2000. Received. work to determine the uses of the LLC d.b.a., Smedley’s Bar & Grill, Fund. 17004 Lorain Avenue, first floor File No. 1275-01. and basement. (Ward21). Re- From the Northeast Ohio Region- Sincerely, c e i v e d . al Sewer District — re: Annual Report (final insert). Received. Michael D. Polensek File No. 1291-01. President Re: Transfer of Ownership Appli- File No. 1276-01. cation — 0727513 — BJRS Corpora- From Amwest Surety Insurance Received. tion Inc., d.b.a. Betty’s, 9011 Lorain Co. — re: Order of Liquidation, Dec- Avenue. (Ward 18). Received. laration of Insolvency and Injunc- FROM DEPARTMENT OF tion. Received. LIQUOR CONTROL File No. 1292-01. Re: Transfer of Ownership Appli- File No. 1277-01. File No. 1278-01. cation — 1990654 — Dazner, Inc. Re: New Application — 4290858 — d.b.a., Heaven & Earth, first and sec- July 18, 2001 Jiryes Unlimited, Inc., d.b.a. Neigh- ond floors and patio, 1059 Old River borhood Market, 9911-13 Miles Ave- Road. (Ward 13). Received. Steven Minter nue. (Ward 2). Received. Cleveland Foundation File No. 1293-01. 1422 Euclid Avenue File No. 1279-01. Re: Transfer of Ownership Appli- Cleveland, Ohio 44114 Re: New Application — 9101841 — cation — 7641682 — SJG, Inc., d.b.a. Monica Hutchinson, Inc., d.b.a. Mon- Alenxandria Market, 7602 Madison Re: Adelphia/Cleveland City Council ica’s Mini Mart, 10808 Dove Avenue, Avenue, West Side first floor. (Ward Neighborhood Technology Fund first floor. (Ward 2). Received. 17). Received.

Dear Mr. Minter: File No. 1280-01. File No. 1294-01. Re: New Application — Re: Transfer of Ownership appli- This is to inform you of my 76496990005 — Fares B. Saah, d.b.a. cation — 9236914 — V. D. V., Inc., appointments to the Adelphia/Cleve- Corlett Deli, 3790 Martin Luther d.b.a. Clevelander Bar and Grill, 834- land City Council Neighborhood King Jr. Dr. (Ward 2). Received. 36 Huron Road, SE, first and second Technology Fund that is being over- floors and Basement. (Ward 13). seen by the Cleveland Foundation. File No. 1281-01. Received. As you know, the Fund was estab- Re: Transfer of Ownership Appli- lished pursuant to Ordinance No. cation — 4344065 — Jolime Hospi- File No. 1295-01. 1729-2000, approved by the Council of tality LTD, d.b.a. Flat Iron Cafe, Re: Transfer of Location Applica- the City on October 16, 2000, which 1114 Center Street. (Ward 13). tion — 42895700006 — Jimco Cafe, approved the request of Cablevision Received. Inc., d.b.a. Arts Seafood, 16400-04 of Cleveland, L.P. to transfer its Euclid Avenue. (Ward 10). Re- cable television franchise to Adel- File No. 1282-01. ceived. phia Cleveland LLC. Re: Transfer of Ownership Appli- The Cable Franchise Transfer cation — 8058794 — Sheepdog Hos- Ordinance required Adelphia to pitality, Inc., d.b.a. Hecks of Ohio File No. 1296-01. donate $3 million to a fund to be City, 2927 Bridge Avenue. (Ward Re: Transfer of Ownership and held by the Cleveland Foundation 14). Received. Location Application — 1970633 — and to be used for the purpose of Christopher M. Davis, d.b.a. Hybrid, promoting the use of various types File No. 1283-01. 1281 West 9th Street. (Ward 13). of modem telecommunications and Re: Transfer of Ownership Appli- Received. computer equipment and services, cation — 7682209 — Muaad Salem including but not limited to, high d.b.a .,Kinsman Sunoci, 14510 Kins- File No. 1297-01. speed cable modem equipment and man. (Ward 3). Received. Re: Stock Transfer Application — services and cable equipment, pro- 7406412 — Riverbend Restaurant, gramming, and services, by and for File No. 1284-01. Inc., d.b.a. Panini’s West Bank, 1148 residents of the City of Cleveland Re: Transfer of Ownership and Main Avenue, Unit 100 first floor through, among other things, train- Location Application — 0003728 — and patio. (Ward 14). Received. ing such residents in the use of such A. J. Rocco Company, d.b.a. A. J. equipment and services and making Roccos Espresso Bar, 812 Huron CONDOLENCE RESOLUTIONS equipment, programming and ser- Road. (Ward 13). Received. vices accessible in the neighbor- The rules were suspended and the hoods of the City. In addition, the File No. 1285-01. following Resolutions were adopted ordinance approving the agreement Re: Transfer of Ownership and by a rising vote: between the City and WPS for the Location Application — 3575435 — City’s electric aggregation program Hanna Deli, Inc., 2033 East 14th Res. No. 1298-01—Brother Nivard requires WPS to deposit $100,000 per Street. (Ward 13). Received. (Joseph Martin Stanton). year for the next 5 years into this Res. No. 1299-01—Bishop Robert L. Fund. WPS recently deposited the File No. 1286-01. Chapman. first $100,000 installment into the Re: Transfer of Ownership and Res. No. 1300-01—Rev. Leon Law- Fund. Location Application — 9261960 — re n c e . Ordinance 1729-2000 (in Section 1 Ventturinis, Inc., d.b.a. Vetturinis Res. No. 1301-01—Bennie Bruce (C) (2)) required the creation of a Ristorante, 2198 Murray Hill Road. Stoves, Sr. committee, with three members (Ward 6). Received. Res. No. 1302-01—Benjamin F. appointed by the Council President, Bourn, Jr. three appointed by Adelphia and one File No. 1287-01. Res. No. 1303-01—Jeffrey C. Le- by the Cleveland Foundation. The Re: Stock Transfer Application — Barron. Ordinance states that this committee 1710273 — Convenient Food Mart, Res. No. 1304-01—Karen Joy Jones. shall determine the projects, pro- Inc. 370, 9150 Denison Avenue. Res. No. 1305-01—Katie Bryant grams and entities to be funded (Ward 18). Received. Foxhall. from the monies in the Fund. Res. No. 1306-01—Dino Fiocca. By virtue of the power vested in File No. 1288-01. Res. No. 1307-01—James W. Clark. me by Cleveland City Council in Re: New Application — 2471490 — Res. No. 1308-01—Karen Jean Ordinance No. 1729-2000, I hereby Eleven Hundred Drops, LLC, d.b.a. Russ. 1670 July 25, 2001 The City Record 5

Res. No. 1309-01—Lucille Black- Whereas, this ordinance consti- Ord. No. 1336-01. well. tutes an emergency measure provid- By Mayor White. Res. No. 1310-01—Bernice Pratt ing for the usual daily operation of An emergency ordinance authoriz- Gibson. a municipal department; now, there- ing the purchase by requirement fore, contract of airline schedule data and CONGRATULATION RESOLUTIONS Be it ordained by the Council of for the layout, printing and distrib- the City of Cleveland: ution of online and printed publica- The rules were suspended and the Section 1. That, pursuant to Sec- tions, including the flight guide; and following Resolutions were adopted tion 167 of the Charter of the City authorizing the Director to employ without objection: of Cleveland, it is hereby deter- one or more professional consultants mined to make the public improve- to provide services necessary for the Res. No. 1311-01—Ciandra Blake. ment of constructing a Central design, layout, printing, and/or mar- Res. No. 1312-01—Atty. Stanley E. Information Counter, for the Divi- keting, advertising and designing Tolliver, Sr. sion of Cleveland Hopkins Interna- services for various publications for the Department of Port Control, for Res. No. 1313-01—Melton/Wilkes tional Airport, Department of Port a period not to exceed two years. Family Reunion. Control, by contract duly let to the Whereas, this ordinance consti- Res. No. 1314-01—Lacey Family Re- lowest responsible bidder after com- tutes an emergency measure provid- un i o n . petitive bidding for a gross price for ing for the usual daily operation of Res. No. 1315-01—Holland/Math- the improvement. a municipal department; now, there- ews/Washington Family Reunion. Section 2. That the Director of fore, Res. No. 1316-01—Mrs. Leola W. Port Control is hereby authorized to Be it ordained by the Council of Bates. enter into contract for the making the City of Cleveland: Res. No. 1317-01—William M. Deni- of the above public improvement Section 1. That the Director of han. with the lowest responsible bidder Port Control is hereby authorized to Res. No. 1318-01—Harvey Family after competitive bidding for a gross make a written requirement con- Reunion. price for the improvement provided tract in accordance with the Charter Res. No. 1319-01—Anna Marie Pey- however, that each separate trade and the Codified Ordinances of ton. and each distinct component part of Cleveland, Ohio, 1976, for the re- Res. No. 1320-01—General Sikorski said improvement may be treated as quirements for the period of two Post #203. a separate improvement, and each, years for the necessary items of air- Res. No. 1321-01—Kathryn A. Carl- or any combination, of such trades line schedule data and for the lay- son. or components may be the subject of out, printing and distribution of Res. No. 1322-01—Mabel Watley. a separate contract for a gross online and printed publications, Res. No. 1323-01—Empowerment price. Upon request of said Director including the flight guide in the Center of Greater Cleveland. the contractor shall furnish a cor- approximate amount as purchased Res. No. 1324-01—Judith M. Smith. rect schedule of unit prices, includ- during the preceding terms, to be Res. No. 1325-01—Jimmy Dimora. ing profit and overhead, for all purchased by the Commissioner of Res. No. 1326-01—Collinwood High items constituting units of said Purchases and Supplies upon a unit School — Girls’ Track Team. improvement. basis for the Department of Port Res. No. 1327-01—Bishop Robert L. Section 3. That the Director of Control. Bids shall be taken in such Chapman. Port Control is hereby authorized to manner as to permit an award to be Res. No. 1328-01—Icabod Flewel- employ by contract one or more con- made for all items as a single con- len. sultants or one or more firms of con- tract, or by separate contract for each or any combination of said Res. No. 1329-01—Jeanette Chap- sultants for the purpose of supple- items as the Board of Control shall mon. menting the regularly employed determine. Alternate bids for a peri- Res. No. 1330-01—Shirley West. staff of the several departments of od less than two years may be taken the City of Cleveland in order to pro- if deemed desirable by the Commis- RECOGNITION RESOLUTIONS vide professional services necessary sioner of Purchases and Supplies design the public improvement until provision is made for the The rules were suspended and the authorized above. requirements for the entire two following Resolutions were adopted The selection of said consultants years. without objection: for such services shall be made by Section 2. That the cost of said the Board of Control upon the nom- contract shall be charged against Res. No. 1331-01—Carolyn Anne Wil- ination of the Director of Port Con- the proper appropriation account son Talbert. trol from a list of qualified con- and the Director of Finance shall Res. No. 1332-01—Mt. Pleasant Her- sultants available for such employ- certify thereon the amount of the itage House. ment as may be determined after a initial purchase thereunder, which Res. No. 1333-01—Dion Buchanan- full and complete canvass by the purchase, together with all subse- Bailey. Director of Port Control for the quent purchases, shall be made on purpose of compiling such a list. order of the Commissioner of Pur- MO T I O N The compensation to be paid for chases and Supplies pursuant to a such services shall be fixed by the requisition against such contract File No. 1334-01. Board of Control. The contract duly certified by the Director of herein authorized shall be prepared Finance. (RL 8208) Motion by Council Member Polen- by the Director of Law, approved Section 3. That the Director of sek, seconded by Council Member by the Director of Port Control, and Port Control is hereby authorized to Patmon that Faye Callahan be certified by the Director of employ by contract one or more con- appointed as Council’s representa- F i n a n c e . sultants or one or more firms of tive to the Fair Campaign Finance Section 4. That the cost of said consultants for the purpose of sup- Commission in accordance with improvement and services hereby plementing the regularly employed Chapter 110 of the Codified Ordi- authorized shall be paid from staff of the several departments of the City of Cleveland in order to pro- nances. Fund No. 60 SF 001, Request No. vide professional services necessary 3 0 9 3 8 . for the design, layout, printing, FIRST READING EMERGENCY Section 5. That this ordinance is and/or other marketing, advertising ORDINANCES REFERRED hereby declared to be an emergency and designing services for various measure and, provided it receives publications, for the Department of Ord. No. 1335-01. the affirmative vote of two-thirds of Port Control, for a period of two By Mayor White. all the members elected to Council, years. An emergency ordinance deter- it shall take effect and be in force The selection of said consultants mining the method of making the immediately upon its passage and for such services shall be made by public improvement of constructing approval by the Mayor; otherwise it the Board of Control from a list of a Central Information Counter; shall take effect and be in force qualified consultants available for authorizing the Director of Port from and after the earliest period such employment as may be deter- Control to enter into contract for the allowed by law. mined after a full and complete can- making of such improvement; and Referred to Directors of Port vass by the Director of Port Control authorizing said director to employ Control, Finance, Law; Committees for the purpose of compiling such a one or more professional consultants on Aviation and Transportation, list. The compensation to be paid for to design the improvement. Finance. such services shall be fixed by the 1671 6 The City Record July 25, 2001

Board of Control. The contract here- 687.03, 687.04 and 687.07 of said cod- “(3) Do you have any condition in authorized shall be prepared by ified ordinances relating to bounty that would render you unfit to carry the Director of Law, approved by hunters. a firearm? If you answer ‘yes’ the Director of Port Control, and cer- Whereas, this ordinance consti- explain.”; and tified by the Director of Finance. tutes an emergency measure provid- (g) Submits all the items identi- Section 4. That the costs for such ing for the usual daily operation of fied in Section 687A.05. service herein contemplated shall be a municipal department; now, there- paid from Fund No. 60 SF 001, fore, Section 687A.07 Registration Fees; Request No. 30975. Be it ordained by the Council of Record Check Fees Section 5. That this ordinance is the City of Cleveland: A registration fee of sixty-five dol- hereby declared to be an emergency Section 1. That Chapter 687 of the lars ($65.00) shall be submitted with measure and, provided it receives Codified Ordinances of Cleveland, the application form required by the affirmative vote of two-thirds of Ohio, 1976, as enacted by Ordinance Section 687A.05. the applicant shall all the members elected to Council, No. 2187-96, passed June 12, 2000, also pay a fee of fifteen dollars it shall take effect and be in force entitled, “Bounty Hunters” is hereby ($15.00) for the cost of a criminal immediately upon its passage and renumbered to “Chapter 687A”. record check. approval by the Mayor; otherwise it Section 2. That Sections 687.01 to Section 4. That existing Sections shall take effect and be in force 687.17 of the Codified Ordinances of 687.03, 687.04 and 687.07 of the Codi- from and after the earliest period Cleveland, Ohio, 1976, as enacted by fied Ordinances of Cleveland, Ohio, allowed by law. Ordinance No. 2187-96, passed June 1976, relating to bounty hunters, as Referred to Directors of Port Con- 12, 2000, relating to “Bounty Hunt- enacted by Ordinance No. 2187-96, trol, Finance, Law; Committees on ers” are hereby renumbered, respec- passed June 12, 2000, and renum- Aviation and Transportation, tively, to new “Section 687A.01”, bered by this ordinance, are hereby Finance. “687A.02”, “687A.03”, “687A.04”, “687A.05”, repealed. “687A.06”, “687A.07”, “687A.08”, “6 8 7 A . 0 9 ” , Section 5. That this ordinance is Ord. No. 1337-01. “687A.10”, “687A.11”, 687A.12”, “687A.13”, hereby declared to be an emergency By Councilman Brady. “687A.14”, “687A.15”, “687A.16”, and measure and, provided it receives An emergency ordinance authoriz- “687A.17”. the affirmative vote of two-thirds of ing the Director of Community Section 3. That Sections 687.03, all the members elected to Council, Development to enter into an agree- 687.04 and 687.07 of the Codified it shall take effect and be in force ment with A Cultural Exchange for Ordinances of Cleveland, Ohio, 1976, immediately upon its passage and The Read, Baby, Read, Book Club relating to bounty hunters, as enact- approval by the Mayor; otherwise it through the use of Ward 19 Neigh- ed by Ordinance No. 2187-96, passed shall take effect and be in force borhood Equity Funds. June 12, 2000, and renumbered by from and after the earliest period Whereas, this ordinance consti- this ordinance, are hereby amended allowed by law. tutes an emergency measure provid- to read, respectively, as follows: Referred to Directors of Public ing for the usual daily operation of Safety, Finance, Law; Committees on a municipal department; now, there- Section 687A.03 Availability of Public Safety, Legislation, Finance. fore, Application Forms Be it ordained by the Council of The Commissioner shall make Ord. No. 1339-01. the City of Cleveland: application forms available for the By Councilman Coats. Section 1. That the Director of purpose of registering bounty An emergency ordinance authoriz- Community Development is autho- hunters. The application forms shall ing the Director of Community rized to enter into an agreement include the questions contained in Development to enter into an agree- with A Cultural Exchange for The Section 687A.04 and may include ment with Collinwood Community Read, Baby, Read, Book Club, for other questions that the Commis- Services Center to fund an elderly the public purpose of providing edu- sioner determines to be administra- services program for senior citizens cational services for the students in tively helpful in determining that are on fixed income, through Ward 19 that attend the following whether the applicant is qualified. the use of Ward 10 Neighborhood elementary schools, Brooklawn, Mc- Equity Funds. Kinley, Louis Agassiz, Riverside, St. Section 687A.04 Qualifications of Whereas, this ordinance consti- Mels, St. Vincent DePaul and St. Bounty Hunters tutes an emergency measure provid- Ignatius of Antioch, through the use A person may be registered as a ing for the usual daily operation of of Ward 19 Neighborhood Equity bounty hunter if he or she: a municipal department; now, there- Funds. (a) Is a citizen of the United fore, Section 2. That the cost of said States; and Be it ordained by the Council of contract shall be in an amount not (b) Is at least twenty-one years of the City of Cleveland: to exceed $30,000 and shall be paid age; and Section 1. That the Director of from Fund No. 10 SF 166. (c) Has good eyesight; and Community Development is autho- Section 3. That the Director of (d) Has height, weight and mus- rized to enter into an agreement Law shall prepare and approve said cle tone within normal range; and with Collinwood Community Ser- contract and that the contract shall (e) Answers the following ques- vices Center to fund an elderly ser- contain such terms and provisions tions in the negative: vices program for senior citizens as he deems necessary to protect the “(1) Are you under indictment or that are on fixed income, through City’s interest. have you been convicted of a felony the use of Ward 10 Neighborhood Section 4. That this ordinance is of violence?” Equity Funds hereby declared to be an emergency “(2) Are you under indictment or Section 2. That the cost of said measure and, provided it receives have you been convicted of a crime contract shall be in an amount not the affirmative vote of two-thirds of involving force or threat of force?” to exceed $25,000 and shall be paid all the members elected to Council, “(3) Are you currently engaging from Fund No. 10 SF 166. it shall take effect and be in force in the illegal use of drugs?” Section 3. That the Director of immediately upon its passage and “(4) Are you engaged in the abuse Law shall prepare and approve said approval by the Mayor; otherwise it of alcohol?” contract and that the contract shall shall take effect and be in force “(5) Have you been arrested for contain such terms and provisions from and after the earliest period driving under the influence?”; and as he deems necessary to protect the allowed by law. (f) Answers all the following City’s interest. Referred to Directors of Commu- questions in the negative or demon- Section 4. That this ordinance is nity Development, Finance, Law; strates to the satisfaction of the hereby declared to be an emergency Committees on Community and Eco- Commissioner that an affirmative measure and, provided it receives nomic Development, Finance. answer will not adversely affect the the affirmative vote of two-thirds of applicant’s ability to perform the all the members elected to Council, Ord. No. 1338-01. job of a bounty hunter: it shall take effect and be in force By Councilman Britt. “(1) Have you ever been convict- immediately upon its passage and An emergency ordinance to re- ed of a crime under federal, state or approval by the Mayor; otherwise it number Chapter 687 as enacted by local law, other than a minor traf- shall take effect and be in force Ordinance No. 2187-96, passed June fic violation? If you answer ‘yes’, from and after the earliest period 12, 2000, relating to bounty hunters explain.” allowed by law. to new Chapter 687A; and to number “(2) Are you under a current court Referred to Directors of Commu- the inclusive Sections 687.01 to order that may affect your ability to nity Development, Finance, Law; 687.17 to new Sections 687A.01 to perform the job of a bounty hunter? Committees on Community and Eco- 687A.17; and to amend Sections If you answer ‘yes’, explain.” nomic Development, Finance. 1672 July 25, 2001 The City Record 7

Ord. No. 1340-01. and contained in File No. 1776-A-90- contract and that the contract shall By Councilman Coats. A, it is hereby found and determined contain such terms and provisions, An emergency ordinance authoriz- that the City of Cleveland, except as he deems necessary to protect the ing the Director of Community the area defined as the “Downtown City’s interest. Development to enter into an Plan Area” by the Civic Vision 2000 Section 4. That this ordinance is agreement with Kenneth W. Plan, and excepting from the Down- hereby declared to be an emergency Clement School - Cleveland Public town Plan Area, the area described measure and, provided it receives School District for purchase of class- and contained in File No. 1089-01-A, the affirmative vote of two-thirds of room furniture for Cleveland Public is a blighted and deteriorated area, all the members elected to Council, School children through the use of and is an area in which housing it shall take effect and be in force Ward 10 Neighborhood Equity facilities or structures of historical immediately upon its passage and Funds. significance are located and new approval by the Mayor; otherwise it Whereas, this ordinance consti- construction and repair or existing shall take effect and be in force tutes an emergency measure provid- facilities or structures are discour- from and after the earliest period ing for the usual daily operation of aged. This finding of blight and allowed by law. a municipal department; now, there- deterioration shall in no way be con- Referred to Directors of Commu- fore, strued as a finding of slum and nity Development, Finance, Law; Be it ordained by the Council of blight for purposes of an eminent Committees on Community and Eco- the City of Cleveland: domain action against any property nomic Development, Finance. Section 1. That the Director of located in the area described here- Community Development is autho- in. Ord. No. 1343-01. rized to enter into an agreement Section 2. That, all of the area By Councilmen Gordon and Pat- with Kenneth W. Clement School - within the municipal boundaries of mon (by departmental request). Cleveland Public School District for the City of Cleveland, except the An emergency ordinance authoriz- purchase of classroom furniture for area defined as the “Downtown Plan ing the Director of Public Health to Cleveland Public School children, Area” by the Civic Vision 2000 Plan, apply for and accept a grant from for the public purpose of providing and excepting from the Downtown the Office of Criminal Justice Ser- desks and chairs for computer class- Plan Area, the area described and vices – Byrne Memorial Grant for room instruction through the use of contained in File No. 1089-01-A, is the Cleveland Community Re-entry Ward 10 Neighborhood Equity hereby designated a Community Program; and to enter into contract Funds. Reinvestment Area pursuant to Sec- with Community Re-entry, Inc. to Section 2. That the cost of said tion 3735.65 et seq., of the Ohio implement the program. contract shall be in an amount not Revised Code. Whereas, this ordinance consti- to exceed $5,000 and shall be paid Section 3. That existing Sections 1 tutes an emergency measure provid- from Fund No. 10 SF 166. and 2 of Ordinance No. 1776-A-90, ing for the usual daily operation of Section 3. That the Director of passed April 22, 1991, as amended by a municipal department; now, there- Law shall prepare and approve said Ordinance No. 960-99, passed June 7, fore, contract and that the contract shall 1999, and Ordinance No. 2093-99, Be it ordained by the Council of contain such terms and provisions passed December 13, 1999, are here- the City of Cleveland: as he deems necessary to protect the by repealed. Section 1. That the Director of City’s interest. Section 4. That this ordinance is Public Health is hereby authorized Section 4. That this ordinance is hereby declared to be an emergency to apply for and accept a grant in hereby declared to be an emergency measure and, provided it receives the amount of $46,195 from the measure and, provided it receives the affirmative vote of two-thirds of Office of Criminal Justice Services – the affirmative vote of two-thirds of all the members elected to Council, Byrne Memorial Grant, for the pur- all the members elected to Council, it shall take effect and be in force poses set forth in the application it shall take effect and be in force immediately upon its passage and and according thereto; that the immediately upon its passage and approval by the Mayor; otherwise it Director of Public Health is hereby approval by the Mayor; otherwise it shall take effect and be in force authorized to file all papers and shall take effect and be in force from and after the earliest period execute all documents necessary to from and after the earliest period allowed by law. receive the funds under said grant; allowed by law. Referred to Directors of Communi- and that said funds be and they Referred to Directors of Commu- ty Development, City Planning Com- hereby are appropriated for the pur- nity Development, Finance, Law; mission, Finance, Law; Committees pose set forth in the application for Committees on Community and Eco- on Community and Economic Devel- said grant. nomic Development, Finance. opment, City Planning, Finance. Section 2. That the application for said grant, File No. 1343-01-A, made Ord. No. 1341-01. Ord. No. 1342-01. a part hereof as if fully rewritten By Councilman Cintron. By Councilman Cintron. herein, including the obligation of An emergency ordinance to amend An emergency ordinance authoriz- the City of Cleveland to provide Sections 1 and 2 of Ordinance No. ing the Director of Community cash matching funds in the sum of 1776-A-90, passed April 22, 1991, as Development to enter into an agree- $15,399, from Fund No. 01-639905- amended by Ordinance No. 960-99, ment with Ohio City Near West 500300, is hereby approved in all passed June 7, 1999, and Ordinance Development Corporation for reha- respects. No. 2093-99, passed December 13, bilitation of the West Virginia Section 3. That the Director of 1999, relating to establishing the Building through the use of Ward Public Health is hereby authorized City of Cleveland as a Community 14 Neighborhood Equity Funds. to enter into contract with Commu- Reinvestment Area, except the area Whereas, this ordinance consti- nity Re-entry, Inc., for the imple- defined as the “Downtown Plan tutes an emergency measure provid- mentation of the program as Area” by the Civic Vision 2000 Plan; ing for the usual daily operation of described in the application con- and to repeal Ordinance No 1089-01, a municipal department; now, there- tained in the file, payable from the passed June 4, 2001. fore, fund or funds to which are credited Whereas, this ordinance consti- Be it ordained by the Council of the grant proceeds accepted pur- tutes an emergency measure provid- the City of Cleveland: suant to Section 1 of this ordinance ing for the usual daily operation of Section 1. That the Director of and from the cash matching funds a municipal department; now, there- Community Development is autho- identified in Section 2 of this ordi- fore, rized to enter into an agreement nance. Be it ordained by the Council of with Ohio City Near West Develop- Section 4. That this ordinance is the City of Cleveland: ment Corporation for rehabilitation hereby declared to be an emergency Section 1. That Ordinance No. 1089- of the West Virginia Building for measure and, provided it receives 01, passed June 4, 2001, is hereby the public purpose of providing the affirmative vote of two-thirds of repealed. affordable housing to Section 8 ten- all the members elected to Council, Section 2. That Sections 1 and 2 of ants that reside in the City of Cleve- it shall take effect and be in force Ordinance No. 1776-A-90, passed land through the use of Ward 14 immediately upon its passage and April 22, 1991, as amended by Ordi- Neighborhood Equity Funds. approval by the Mayor; otherwise it nance No. 960-99, passed June 7, 1999, Section 2. That the cost of said shall take effect and be in force and Ordinance No. 2093-99, passed contract shall be in an amount not from and after the earliest period December 13, 1999, are hereby to exceed $60,000 and shall be paid allowed by law. amended to read as follows: from Fund No. 10 SF 166. Referred to Directors of Public Section 1. Based upon information Section 3. That the Director of Health, Finance, Law; Committees and data presented to the Council Law shall prepare and approve said on Public Health, Finance. 1673 8 The City Record July 25, 2001

Ord. No. 1344-01. of goods, a service, a franchise, or unlawful and prohibited. “Unfair By Councilmen Gordon and Pat- an intangible, to an individual for and deceptive trade practices” mon (by departmental request). purposes that are primarily person- means any act, omission or practice An emergency ordinance authoriz- al, family, or household, or solicita- undertaken by a merchant which is ing the Director of Public Health to tion to supply any of these things. false, deceptive, fraudulent or mis- apply for and accept a grant from leading and results in or is intend- the Ohio Minority Health Commis- 643.15 Effect on Other Remedies ed to result in a consumer transac- sion for the Just Chillin’ Club Grant. The remedies in Title III, Con- tion. Unfair and deceptive trade Whereas, this ordinance consti- sumer Protection Code, are in addi- practices include but are not limit- tutes an emergency measure provid- tion to remedies otherwise available ed to the following: ing for the usual daily operation of for the same conduct under federal (a) Passing off goods or services a municipal department; now, there- state or local law. as those of another; fore, (b) Causing likelihood of confu- Be it ordained by the Council of 645.99 Penalty sion or of misunderstanding as to the City of Cleveland: (a) Whoever violates any provi- the source, sponsorship, approval or Section 1. That the Director of sions of this Chapter shall be sub- certification of goods or services; Public Health is hereby authorized ject to the penalties provided in Sec- (c) Causing likelihood of confu- to apply for and accept a grant in tion 643.99. sion or of misunderstanding as to the amount of $100,000, from the (b) In addition to the penalties affiliation, connection or association Ohio Minority Health Commission, above, any person aggrieved by any with, or certification by another; to conduct the Just Chillin’ Club violation of this Chapter may pur- (d) Using deceptive representa- Grant, for the purposes set forth in sue remedies authorized by Section tions or designations of geographic the budget narrative and project 643.11 of this Code. origin in connection with goods or abstract and according thereto; that Section 2. That the following Sec- services; the Director of Public Health is tions of the Codified Ordinances of (e) Representing that goods or hereby authorized to file all papers Cleveland, Ohio, 1976, Section are services have sponsorship, approval, and execute all documents neces- hereby amended as follows: characteristics, ingredients, uses, sary to receive the funds under said (a) Sections 641.06, 641.09, 641.11, benefits or quantities that they do grant; and that said funds be and 641.12, and 643.02 as enacted by Ordi- not have or that a person has a they hereby are appropriated for the nance No. 729-72, passed June 26, sponsorship, approval, status, affili- purposes set forth in the budget nar- 1972; ation or connection that he does not rative and project abstract for said (b) Section 643.05 as amended by have; grant. Ordinance No. 1668-91, passed Octo- (f) Representing that goods are Section 2. That the budget narra- ber 21, 1991; original or new if they are deterio- tive and project abstract for said (c) Section 643.06 as amended by rated, altered, reconditioned, re- grant, File No. 1344-01-A, made a Ordinance No. 3081-77, passed Decem- claimed, used or second-hand; part hereof as if fully rewritten ber 2, 1977; (g) Representing that goods or herein, is hereby approved in all (d) Sections 643.11 and 643.99 as services are of a particular stan- respects. enacted by Ordinance No. 729-72, dard, quality or grade, or that goods Section 3. That this ordinance is passed June 26, 1972; are of a particular style or model, if hereby declared to be an emergency (e) Section 647.99 as enacted by they are of another; measure and, provided it receives Ordinance No. 2269-74, passed June (h) Disparaging the goods, ser- the affirmative vote of two-thirds of 30, 1975; vices or business of another by false all the members elected to Council, (f) Sections 649.04 and 649.99 as or misleading representation of fact; it shall take effect and be in force amended by Ordinance No. 1208-81, (i) Advertising goods or services immediately upon its passage and passed December 20, 1982; with intent not to sell them as approval by the Mayor; otherwise it (g) Section 651.99 as enacted by advertised; shall take effect and be in force Ordinance No. 1640-73, passed (j) Advertising goods or services from and after the earliest period August 10,1973; with intent not to supply reasonably allowed by law. (h) Section 653.02 as amended by expectable public demand unless the Referred to Directors of Public Ordinance No. 783-49, passed March advertisement discloses a limitation Health, Finance, Law; Committees 6, 1950; of quantity; on Public Health, Finance. (i) Section 653.99 as enacted by (k) Making false or misleading Ordinance No. 830-A-42, passed July statements of fact concerning rea- Ord. No. 1345-01. 10, 1942, and as amended by Ordi- sons for, existence of or amounts of By Councilman Jackson. nance No. 783-49, passed March 6, price reductions; An emergency ordinance to enact 1950; (l) Representing that the con- new Sections 641.031, 643.15 and (j) Section 655.99 as enacted by sumer transaction confers or 645.99; and to amend Sections 641.06, Ordinance No. 628-50, passed Novem- involves rights, remedies or obliga- 641.09, 641.11, 641.12, 643.02, 643.05, ber 20, 1950; tions that it does not have or 643.06, 643.11, 643.99, 647.99, 649.04, (k) Section 656.05 as amended by involve or which are prohibited by 649.99, 651.99, 653.02, 653.99, 655.99, Ordinance No. 2825-90, passed law; 656.05, 656.99, and 657.99 of the Codi- December 17, 1990; (m) Representing that a part, fied Ordinances of Cleveland, Ohio, (l) Section 656.99 as amended by replacement or repair service is 1976, thereof, in the Consumer Pro- Ordinance No. 643-99, passed Decem- needed when it is not; tection Code of the City. ber 13, 1982; and (n) Representing that the subject Whereas, changes are needed to (m) Section 657.99 as amended by of a consumer transaction has been update and improve the Consumer Ordinance No. 2297-90, passed supplied in accordance with a pre- Protection Code of the City, Title November 5, 1990; vious representation when it is not; III, of the Codified Ordinances, so (o) Causing likelihood of confu- that consumers in the City will be 641.06 Goods sion or of misunderstanding with better protected in certain consumer “Goods” means all movable things, respect to the authority of a sales- transactions and protected from wares, materials, merchandise, and man, representative or agent to fraudulent or otherwise unlawful fixtures whether or not in existence negotiate the final terms of a trans- practices; and at the time of the transaction except action with a consumer; Whereas, this ordinance consti- money, securities and chattel paper, (p) Making false or misleading tutes an emergency measure provid- but including merchandise certifi- statements relating to the value of ing for the usual daily operation of cates. real property or manufactured a municipal department; now, there- homes in a consumer transaction; fore, 641.09 Services (q) Engaging in any other act or Be it ordained by the Council of “Services” means and includes, but practice which creates a likelihood the City of Cleveland: is not limited to, work, labor, con- of deceiving or misleading the con- Section 1. That the Codified Ordi- sumer transactions which do include sumer; nances of Cleveland, Ohio, 1976, are goods, privileges and all other (r) Definitions and specifications hereby supplemented by enacting accommodations which are primari- of unfair and deceptive trade prac- new Sections 641.031, 643.15 and ly for personal, family or household tices contained in rules and regula- 645.99 thereof, to read as follows: purposes. tions promulgated by the Director; (s) Any act, omission, or practice 641.031 Consumer Transaction 641.11 Unfair and Deceptive Trade inconsistent with laws of the State “Consumer transaction” means a Practices of Ohio, federal law, and rules and sale, lease assignment award by Unfair and deceptive trade prac- regulations promulgated under chance, or other transfer of an item tices are hereby declared to be either State or federal law, and deci- 1674 July 25, 2001 The City Record 9 sions of the Federal Trade Commis- terms of any stipulated settlement sumer Affairs. In addition to recov- sion, and Federal and State courts, agreement made pursuant to divi- ery of fines as provided by this relating to consumer protection. sion (a) of Section 643.13 of these Code, actions may be brought for Codified Ordinances: injunctive relief in any court of 641.12 Unconscionable Trade Prac- (d) Investigate, hear and deter- competent jurisdiction to restrain a tices mine complaints of violations of this person from violating this Code or Unconscionable trade practices Code and make inspections and the rules or regulations pursuant are hereby declared to be unlawful observations, hold hearings and sub- thereto, and to restrain a merchant and prohibited. “Unconscionable poena witnesses and relevant matter from engaging in unfair, deceptive, trade practices” means any act, as he or she deems necessary to fraudulent or unconscionable con- omission or practice undertaken by effectuate this Code. Records shall duct with consumers. To establish a merchant which unfairly takes be maintained of all such investi- a cause of action under this Code it advantage of the lack of knowledge, gations, complaints, inspections, need not be shown that consumers ability, experience or capacity of a observations, hearings, testimony, are being or were actually damaged. consumer; or results in a gross dis- evidence received and action taken, (a)The City or any person parity between the value received if any; aggrieved by a violation of Title III, by a consumer and the price paid, (e) Institute complaints against Consumer Protection Code, may at to the consumer’s detriment; an act all violations of any provisions of any time within two years from the or practice shall be unconscionable this Code and institute necessary date of the alleged violation or with- under this Code when it is declared legal proceedings, either personally in a reasonable time after the con- unconscionable by statute, regula- or through his or her representative; sumer discovers or should have dis- tion, decision of administrative or (f) Make studies, conduct tests covered the violation, whichever is later, may apply to any court of judicial bodies in this State or else- and establish programs to educate competent jurisdiction for appropri- where, or in a rule or regulation pro- and inform consumers of practices ate relief, including but not limited mulgated by the Director. In pro- and problems and represent the interest of consumers before admin- to: mulgating such rules and regula- (1) injunctive relief or an order tions the Director shall consider istrative and regulatory agencies; (g) Work with governmental otherwise compelling compliance among other factors: with this Code; (a) Knowledge by merchants agencies and private consumer groups to insure the protection of (2) compensatory damages which engaging in the act or practice of shall be trebled if the act, omission the inability of consumers to receive consumers and to coordinate activi- ties for the common municipal good; or practice violates Sections 641.11 properly anticipated benefits from or 641.12, and/or punitive damages; the goods or services involved; (h) Make a written annual report to the Mayor enumerating the activ- (3) such other or further relief as (b) Gross disparity between the is appropriate for the enforcement price of goods or services and their ities and recommendations of the Office of Consumer Affairs; of this Code and elimination and value measured by the price at prevention of violations thereof. which similar goods or services are (i) Do any and all acts which may be necessary for the successful pros- (c) The court shall award to the readily obtained by other con- City or the complainant reasonable sumers; ecution of the purposes of this Code and such other acts as may be attorneys’ fees and costs of litiga- (c) The fact that the acts or prac- tion, and the City shall recover its tices may enable merchants to take specifically enumerated herein including, but not limited to requir- reasonable costs of investigation of advantage of the inability of con- the violation. sumers reasonably to protect their ing that certain classes of mer- chants be licensed by the Office of interests by reason of physical or 643.99 Penalty Consumer Affairs subject to mental infirmities, illiteracy or (a) No person shall violate or par- approval by Council through the inability to understand the language ticipate in the violation of any of of the agreement, ignorance or lack Commissioner of Assessments and the provisions of this Code or rules Licenses when the Director deter- of education, or similar factors; and regulations promulgated there- mines such licensing to be in the (d) The degree to which terms of to. public interest and necessary for the the transaction require consumers to (b) Whoever violates any of the protection of consumers. waive legal rights; provisions of this Code, for which no (e) The degree to which terms of penalty is otherwise provided, shall 643.06 Rules and Regulations the transaction require consumers to be fined not less than two hundred The Director of Consumer Affairs, jeopardize money or property fifty dollars ($250), nor more than under the supervision and direction one thousand dollars ($1,000) or beyond the money or property imme- of the Mayor and after having con- diately at issue in the transaction; imprisoned for not more than six sulted with the Consumers Council, months or both. and and after having held a public hear- (f) Definitions of unconscionabili- (c) In addition to the above penal- ing affording interested persons an ties any person who violates any of ty in statutes, regulations, rulings opportunity to be heard, may adopt, and decisions of legislative, admin- the provisions of this Code or any amend or alter written rules and rules or regulations promulgated istrative or judicial bodies in this regulations of this Code to protect State or elsewhere. pursuant thereto shall be subject to consumers, including regulations an order of a court of competent defining specific unfair and uncon- 643.02 Unfair, Deceptive and Un- jurisdiction when appropriate in scionable trade practices. Such rules granting equitable relief to ensure conscionable Trade Practices Pro- and regulations must be reviewed hibited justice with regard to the transac- by the Director of Law and shall not tion which is the subject of the vio- No person shall engage in any conflict with nor waive any provi- unfair, deceptive or unconscionable lation of this Code or any rule or sions of this Code or any ordinance regulation promulgated thereto. consumer trade practices in the sale, of the City, or be inconsistent with (d) In addition to the penalties lease, rental or loan, or in the offer- the rules, regulations and decisions and remedies above, any person ing for sale, lease, rental or loan of of the Federal Trade Commission, aggrieved by any violation of this any goods or services. the laws of the State or the deci- Code may pursue remedies autho- sions of Federal and state courts rized by Section 643.11 of this Code. 643.05 Duties of the Director of relating thereto, nor shall they be Consumer Affairs the basis for criminal prosecutions 647.99 Penalty The Director of Consumer Affairs for violations of this Code. Such (a) Whoever violates any provi- under the supervision and direction rules and regulations and amend- sions of this Chapter shall be sub- of the Mayor and subject to the ments thereto and alterations there- ject to the penalties provided in Sec- Charter and ordinances of the City, of shall become effective after two tion 643.99. shall have the authority to: successive publications in the City (b) In addition to the penalties (a) Delegate and appoint person- Record. No rule or regulations shall above, any person aggrieved by any nel in the Office of Consumer be adopted, amended or altered or of violation of this Chapter may pur- Affairs to aid and assist the Direc- any effect without the prior sue remedies authorized by Section tor in the proper discharge of his or approval and consent of Council. 643.11 of this Code. her duties and powers; (b) Supervise the execution and 643.11 Enforcement Actions and 649.04 Tire Inflation Equipment enforcement of all laws, rules and Consumer Remedies Every person, firm, copartnership, regulations pertaining to consumer (a) All legal actions initiated by association or corporation subject to affairs as provided in this Code; the Director of Consumer Affairs to Section 649.01, shall, during the (c) Receive moneys and issue enforce this Code shall be brought hours when such business is open to vouchers for the disbursement of by the Director of Law upon writ- the general public, have available moneys in accordance with the ten request by the Director of Con- on the premises equipment normal- 1675 10 The City Record July 25, 2001 ly and customarily used for inflat- known address of the buyer. The Section 3. That the following ing automobile tires, in good work- notice shall be mailed using certi- existing Sections of the Codified ing order, and shall permit any oper- fied mail, return receipt requested, Ordinances of Cleveland, Ohio, 1976, ator of an automobile to use such or by regular mail evidenced by a are hereby repealed: equipment upon request. Air pumps properly completed and stamped cer- (a) Sections 641.06, 641.09, 641.11, shall be located to provide easy tificate of mailing by regular mail. 641.12, and 643.02 as enacted by Ordi- access for customer use at no cost Such notice shall state: nance No. 729-72, passed June 26, to the public. (1) The fact that the buyer has 1972; failed to comply with the layaway (b) Section 643.05 as amended by 649.99 Penalty arrangements; Ordinance No. 1668-91, passed Octo- (a) Whoever violates any provi- (2) In what manner the buyer has ber 21, 1991; sions of this Chapter shall be sub- failed to comply with the layaway (c) Section 643.06 as amended by ject to the penalties provided in Sec- arrangement; Ordinance No. 3081-77, passed Decem- tion 643.99. (3) The date upon which the ber 2, 1977; (b) In addition to the penalties buyer will be in default should pay- (d) Sections 643.11 and 643.99 as above, any person aggrieved by any ment not be forthcoming; enacted by Ordinance No. 729-72, violation of this Chapter may pur- (4) The amount of money which passed June 26, 1972; sue remedies authorized by Section must be paid by the buyer to avoid (e) Section 647.99 as enacted by 643.11 of this Code. default; and Ordinance No. 2269-74, passed June (5) The exact consequences of the 30, 1975; 651.99 Penalty buyer’s default. (f) Sections 649.04 and 649.99 as (a) Whoever violates any provi- (c) If the seller’s layaway agree- amended by Ordinance No. 1208-81, sions of this Chapter shall be sub- ment does not include a liquidated passed December 20, 1982; ject to the penalties provided in Sec- damages clause, or if the layaway (g) Section 651.99 as enacted by tion 643.99. price of the specific goods subject Ordinance No. 1640-73, passed (b) In addition to the penalties to the layaway arrangement is one August 10,1973; above, any person aggrieved by any hundred dollars or less, no written (h) Section 653.02 as amended by violation of this Chapter may pur- notice need be sent to the buyer as Ordinance No. 783-49, passed March sue remedies authorized by Section a prerequisite to the buyer’s default. 6, 1950; 643.11 of this Code. (d) Upon the buyer’s default, the (i) Section 653.99 as enacted by seller may cancel the layaway Ordinance No. 830-A-42, passed July 653.02 Untrue and Misleading agreement and the balance of the 10, 1942, and as amended by Ordi- Advertising monies paid shall be refunded by nance No. 783-49, passed March 6, No person, with intent to sell or the seller to the buyer. Where the 1950; in anywise dispose of goods or ser- layaway agreement contains a liq- (j) Section 655.99 as enacted by vice, or anything offered directly or uidated damages provision, cancel- Ordinance No. 628-50, passed Novem- indirectly to the public for sale or lation shall be in accordance with ber 20, 1950; distribution, or with intent to paragraph (b) of this Section, and (k) Section 656.05 as amended by increase the consumption thereof, or the seller may recover liquidated Ordinance No. 2825-90, passed Decem- to induce the public in any manner damages as permitted in paragraph ber 17, 1990; to enter into any obligation relating (e) of this Section. (l) Section 656.99 as amended by thereto, shall make, publish, dis- (e) If the buyer defaults under a Ordinance No. 643-99, passed Decem- seminate, circulate or place before layaway agreement, and the agree- ber 13, 1982; and the public, or cause directly or indi- ment contains a liquidated damages (m) Section 657.99 as amended by rectly to be made, published, dis- provision, the seller may retain as Ordinance No. 2297-90, passed seminated, circulated or placed liquidated damages an amount not November 5, 1990. before the public, in the City of to exceed the lesser of twenty-five Section 4. That this ordinance is Cleveland, an advertisement of any dollars or ten per cent of the cash hereby declared to be an emergency sort regarding goods, service or rep- price of the goods subject to the lay- measure and, provided it receives resentation so offered to the public, away agreement. Any balance due the affirmative vote of two-thirds of which contains any assertion repre- to the buyer shall be refunded by all the members elected to Council, sentation or statement which is the seller in cash or by due bill at it shall take effect and be in force untrue, deceptive or misleading, or the option of the buyer. immediately upon its passage and fails to disclose that the quantity is (f) The buyer may, at any time approval by the Mayor; otherwise it limited, if such is the case. before delivery or tender of delivery, shall take effect and be in force and before default, cancel the lay- from and after the earliest period 653.99 Penalty away agreement. In such event, the allowed by law. (a) Whoever violates any provi- seller may retain from the refund Referred to Directors of Personnel sions of this Chapter shall be sub- due the buyer liquidated damages in and Human Resources, Finance, ject to the penalties provided in Sec- an amount not to exceed the lay- Law; Committees on Employment, tion 643.99. Each fraudulent adver- away charge plus the lesser of Affirmative Action and Training, tisement for the sale of such desig- either twenty-five dollars or ten per Legislation, Finance. nated items or materials constitutes cent of the cash value of the goods a separate offense. subject to the layaway agreement. Ord. No. 1346-01. (b) In addition to the penalties The balance shall be refunded by By Councilmen Jackson and Pat- above, any person aggrieved by any the seller to the buyer in cash or by mon (by departmental request). violation of this Chapter may pur- due bill at the option of the buyer. An emergency ordinance authoriz- sue remedies authorized by Section (g) Unless otherwise provided in ing the Director of Economic Devel- 643.11 of this Code. the layaway agreement, paragraphs opment to enter into a contract (d), (e) and (f) of this section do amendment with Triangle Proper- 655.99 Penalty not apply to a special order trans- ties Limited Partnership I, Triangle (a) Whoever violates Section action. Properties Limited Partnership II, 655.01 shall be subject to the penal- Triangle Properties Limited Part- ties provided in Section 643.99. 656.99 Penalty nership III, and Triangle Properties (b) In addition to the penalties (a) Whoever violates any provi- Limited Partnership IV (together above, any person aggrieved by any sions of this Chapter shall be sub- “Developers”) to accept prepay- violation of this Chapter may pur- ject to the penalties provided in Sec- ments of various notes given by sue remedies authorized by Section tion 643.99. Developers to secure a UDAG loan 643.11 of this Code. (b) In addition to the penalties provided to assist with the con- above, any person aggrieved by any struction of residential, commercial, 656.05 Default by Buyer; Cancella- violation of this Chapter may pur- and retail buildings at the intersec- tion of Agreement Before Default sue remedies authorized by Section tion of Euclid Avenue and Mayfield (a) No buyer shall be in default 643.11 of this Code. Road. under a layaway agreement until a Whereas, pursuant to Ordinance required payment remains unpaid 657.99 Penalty Nos. 2475-86, passed November 10, for at least thirty days after the (a) Whoever violates any provi- 1986, Council authorized the Director scheduled payment date. sions of this Chapter shall be sub- of Economic Development to accept (b) If the seller’s layaway agree- ject to the penalties provided in Sec- an Urban Development Action Grant ment includes a liquidated damages tion 643.99. (“UDAG”) from the United States clause as permitted in paragraph (b) In addition to the penalties Department of Housing and Urban (e) of this Section, the buyer shall above, any person aggrieved by any Development (“HUD”) and to enter not be in default until at lease ten violation of this Chapter may pur- into a contract with the Developers (10) days after the seller mails a sue remedies authorized by Section (the “Contract”), or its designee, for notice of the default to the last 643.11 of this Code. the construction of residential, com- 1676 July 25, 2001 The City Record 11 mercial, and retail buildings at the from and after the earliest period Ord. No. 1348-01. intersection of Euclid Avenue and allowed by law. By Councilmen Jackson and Pat- Mayfield Road; and Referred to Directors of Economic mon (by departmental request). Whereas, Developers have re- Development, Finance, Law; Com- An emergency ordinance authoriz- quested to prepay the several zero- mittees on Community and Econom- ing the Director of Community percent interest notes given to ic Development, Finance. Development to enter into a grant secure a loan of $5,335,000.00, at the agreement with the Boys and Girls net present value determined by Ord. No. 1347-01. Clubs of Cleveland for economic using a conversion interest rate By Councilmen Jackson and Pat- assistance to finance the develop- equal to the prime rate; and mon (by departmental request). ment of a recreational facility on Whereas, the receipt of said pre- An emergency ordinance authoriz- Broadway Avenue. payments would allow the Depart- ing the Director of Community Whereas, this ordinance consti- ment of Economic Development to Development to enter into contract tutes an emergency measure provid- secure additional financial assis- with Cleveland Housing Network, or ing for the usual daily operation of tance funds for reinvestment in var- its designee, to provide development a municipal department; now, there- ious Economic Development projects loan assistance in the form of a fore, throughout the City’s neighbor- Community Development Block Be it ordained by the Council of hoods; and Grant float loan for the purchase, the City of Cleveland: Whereas, this ordinance consti- rehabilitation or construction of Section 1. That the Director of tutes an emergency measure that rental and for sale housing. Community Development is hereby the same provides for the immediate Whereas, this ordinance consti- authorized to enter into a grant preservation of the public peace, tutes an emergency measure provid- agreement with the Boys and Girls safety, property and welfare, in that ing for the usual daily operation of Clubs of Cleveland for economic its enactment is a necessary pre- a municipal department; now, there- assistance to finance the develop- requisite to providing immediate fore, ment of a recreational facility on assistance to create and preserve Be it ordained by the Council of Broadway Avenue, in the total sum job opportunities and advance and the City of Cleveland: of $200,000.00, payable from Fund promote commercial and economic Section 1. That the Director of No. 14 SF 026, Request No. 45608. development in the City of Cleve- Community Development is hereby Section 2. That the Director of land; now, therefore authorized to enter into contract Law is hereby authorized to prepare Be it ordained by the Council of with Cleveland Housing Network, or said grant agreement and such the City of Cleveland: its designee, to provide development other documents as may be appro- Section 1. That the Director of loan assistance in the form of a priate to complete the transaction. Economic Development is autho- Community Development Block Section 3. That this ordinance is rized to accept on behalf of the City, Grant float loan in the amount of hereby declared to be an emergency prepayments from Triangle Proper- $5,000,000.00 for the purchase, reha- measure and, provided it receives ties Limited Partnership I, Triangle bilitation or construction of rental the affirmative vote of two-thirds of Properties Limited Partnership II, and for sale housing in the City of all the members elected to Council, Triangle Properties Limited Part- Cleveland. it shall take effect and be in force nership III, and Triangle Properties Section 2. That the terms of said immediately upon its passage and Limited Partnership IV (together loan shall be determined by the approval by the Mayor; otherwise it "Developers"), to be paid to the City Director of Community Development shall take effect and be in force no later than January 1, 2002, in in accordance with regulations, fed- from and after the earliest period amounts equal to the net present eral, state and local law, and said allowed by law. values of the notes using a conver- Director is authorized to amend said Referred to Directors of Commu- nity Development, Finance, Law; sion interest rate equal to the prime terms from time to time, as deemed Committees on Community and Eco- rate on the date of closing; said pre- necessary to remain consistent with nomic Development, Finance. payments shall be in full satisfac- said laws and regulations. tion of the note of $2,240,700 due in Section 3. That the cost of said Ord. No. 1349-01. a balloon payment June 1, 2006, the contract shall be paid from Fund No. By Councilmen Jackson and Pat- note of $2,226,150 due in a balloon 14 SC 810, Request No. 45709. mon (by departmental request). payment April 1, 2005, and the note Section 4. That the Director of An emergency ordinance authoriz- of $868,150 due in a balloon payment Community Development shall obtain ing the Director of Community Devel- April 1, 2005; said notes were given an irrevocable, unconditional letter opment to enter into a First Amend- to secure a UDAG loan made to par- of credit to secure repayment of said ment to Contract No. 56549 with W.E.B. tially finance the construction of loan. Any security instrument shall DuBois Community Center for addi- residential, commercial, and retail be approved by the Director of Law. tional rehabilitation program costs. buildings at the intersection of Section 5. That the Director of Whereas, this ordinance consti- Euclid Avenue and Mayfield Road. Community Development is hereby tutes an emergency measure provid- Section 2. That the Director of authorized to accept monies in ing for the usual daily operation of Economic Development is autho- repayment of the loan and to deposit a municipal department; now, there- rized to file all papers and execute said monies in the CDBG fund. fore, all documents necessary to receive Section 6. That the Director of Be it ordained by the Council of the funds under said prepayment. Community Development is hereby the City of Cleveland: Section 3. That the UDAG Devel- authorized to charge and accept fees Section 1. That the Director of Com- opment Contract Amendment autho- in an amount not to exceed the max- munity Development is hereby autho- rized herein shall be prepared by imum allowable under federal regu- rized to enter into a First Amendment the Director of Law and shall con- lations and such fees are hereby to Contract No. 56549 with W.E.B. Du- tain such terms and conditions as appropriated to cover costs incurred Bois Community Center for addition- shall be deemed necessary or appro- in the preparation of the loan appli- al rehabilitation program costs and to priate to protect the interests of the cation, closing and servicing of the increase the amount of the contract City. loan. Such fees shall be deposited by $58,800.00, for a total of $182,161.00. Section 4. That the Director of into the CDBG fund. Said increase shall be paid from Fund Economic Development is hereby Section 7. That the Director of No. 14 SF 026, Request No. 45711. authorize to release any and all col- Law is hereby authorized to prepare Section 2. That this First Amend- lateral taken to secure repayment of the contract and such other docu- ment shall be prepared and approved said loan and to execute all docu- ments as may be appropriate to com- by the Director of Law and shall con- ments necessary to release said col- plete the transaction authorized tain such provisions as he deems nec- lateral. Any release of security hereunder. essary to protect the public interest. instruments shall be prepared and Section 8. That this ordinance is Section 3. That this ordinance is approved by the Director of Law. hereby declared to be an emergency hereby declared to be an emergency Section 5. That the Director of measure and, provided it receives measure and, provided it receives Economic Development is hereby the affirmative vote of two-thirds of the affirmative vote of two-thirds of authorized to deposit the prepay- all the members elected to Council, all the members elected to Council, ment into Fund No. 17 SF 006. it shall take effect and be in force it shall take effect and be in force Section 6. That this ordinance is immediately upon its passage and immediately upon its passage and hereby declared to be an emergency approval by the Mayor; otherwise it approval by the Mayor; otherwise it measure and, provided it receives shall take effect and be in force shall take effect and be in force the affirmative vote of two-thirds of from and after the earliest period from and after the earliest period all the members elected to Council, allowed by law. allowed by law. it shall take effect and be in force Referred to Directors of Commu- Referred to Directors of Commu- immediately upon its passage and nity Development, Finance, Law; nity Development, Finance, Law; approval by the Mayor; otherwise it Committees on Community and Eco- Committees on Community and Eco- shall take effect and be in force nomic Development, Finance. nomic Development, Finance. 1677 12 The City Record July 25, 2001

Ord. No. 1350-01. thirty days’ written notice by said Whereas, this ordinance consti- By Councilmen Jackson and Pat- Director, to be purchased by the tutes an emergency measure provid- mon (by departmental request). Commissioner of Purchases and Sup- ing for the usual daily operation of An emergency ordinance authoriz- plies for a gross price for the Divi- a municipal department; now, there- ing the Director of Community sion of Utilities Fiscal Control, fore, Development to amend Contract No. Department of Public Utilities. Be it ordained by the Council of 56705 with Kamm’s Corners Commu- Section 2. That the cost of said the City of Cleveland: nity Development Corporation for contract hereby authorized shall be Section 1. That the Director of the redevelopment of the southeast paid from Fund No. 50 SF 001, Finance, on behalf of the Cleveland quadrant of the existing parking lot. Request No. 877. Municipal Court, is hereby autho- Whereas, pursuant to Ordinance Section 3. That this ordinance is rized to apply for and accept a No. 748-2000, passed June 12, 2000, hereby declared to be an emergency grant in the amount of $68,219, from the Director of Community Develop- measure and, provided it receives the Office of Criminal Justice Ser- ment entered into Contract No. 56705 the affirmative vote of two-thirds of vices, to conduct the Cleveland with Kamm’s Corners Community all the members elected to Council, Municipal Court Soliciting/Prostitu- Development Corporation to redevel- it shall take effect and be in force tion, Project HOPE Program, for the op the southeast quadrant of the immediately upon its passage and purposes set forth in the application existing parking lot; and approval by the Mayor; otherwise it and according thereto; that the Whereas, additional improvements shall take effect and be in force Director of Finance, on behalf of the to the southeast quadrant are from and after the earliest period Cleveland Municipal Court, is here- desired; and allowed by law. by authorized to file all papers and Whereas, this ordinance consti- Referred to Directors of Public execute all documents necessary to tutes an emergency measure provid- Utilities, Finance, Law; Committees receive the funds under said grant; ing for the usual daily operation of on Public Utilities, Finance. and that said funds be and they a municipal department; now, there- hereby are appropriated for the pur- fore, Ord. No. 1352-01. poses set forth in the application for Be it ordained by the Council of By Councilman Patmon (by de- said grant. the City of Cleveland: partmental request). Section 2. That the application for Section 1. That the Director of Com- An emergency ordinance authoriz- said grant, File No. 1353-01-A, made munity Development is authorized to ing the Director of Finance, on behalf a part hereof as if fully rewritten amend Contract No. 56705 with of the Cleveland Municipal Court, to herein, including the obligation of Kamm’s Corners Community Devel- apply for and accept a grant from the the City of Cleveland to provide opment Corporation to provide addi- Office of Criminal Justice Services cash matching funds in the sum of tional improvements to the southeast for the Second District Project, $40,065, payable from Fund Nos. 01- quadrant of the existing parking lot Domestic Violence Program. 011501-500500 and 01-011501-639905, is and to increase the amount of the Whereas, this ordinance consti- hereby approved in all respects. contract by $50,000. Said increase tutes an emergency measure provid- Section 3. That this ordinance is shall be paid from Fund No. 14 SF ing for the usual daily operation of hereby declared to be an emergency 026, Request No. 45712. a municipal department; now, there- measure and, provided it receives Section 2. That this ordinance is fore, the affirmative vote of two-thirds of hereby declared to be an emergency Be it ordained by the Council of all the members elected to Council, measure and, provided it receives the City of Cleveland: it shall take effect and be in force the affirmative vote of two-thirds of Section 1. That the Director of immediately upon its passage and all the members elected to Council, Finance, on behalf of the Cleveland approval by the Mayor; otherwise it it shall take effect and be in force Municipal Court, is hereby autho- shall take effect and be in force immediately upon its passage and rized to apply for and accept a grant from and after the earliest period approval by the Mayor; otherwise it in the amount of $18,227, from the allowed by law. shall take effect and be in force Office of Criminal Justice Services, Referred to Directors of Finance, from and after the earliest period to conduct the Second District Pro- Law; Committee on Finance. allowed by law. ject, Domestic Violence Program, for Referred to Directors of Commu- the purposes set forth in the appli- Ord. No. 1354-01. nity Development, Finance, Law; cation and according thereto; that By Councilmen Polensek and Pat- Committees on Community and Eco- the Director of Finance, on behalf of mon (by departmental request). nomic Development, Finance. the Cleveland Municipal Court, is An emergency ordinance authoriz- hereby authorized to file all papers ing the purchase by requirement Ord. No. 1351-01. and execute all documents necessary contract of labor and materials nec- By Councilmen O’Malley and Pat- to receive the funds under said essary to service and maintain mon (by departmental request). grant; and that said funds be and police aircraft, including labor if An emergency ordinance au t h o r i z - they hereby are appropriated for the necessary, for the Division of Police, ing the Director of Public Utilities to purposes set forth in the application Department of Public Safety, for a enter into contract without competi- for said grant. period of one year with four one- tive bidding with BancTec, Inc. for Section 2. That the application for year options to renew. the maintenance of hardware and said grant, File No. 1352-01-A, made Whereas, this ordinance consti- software of not to exceed two Banc- a part hereof as if fully rewritten tutes an emergency measure provid- Tec remittance processors and sup- herein, including the obligation of ing for the usual daily operation of porting equipment, including parts the City of Cleveland to provide a municipal department; now, there- and labor, for the Division of Utili- cash matching funds in the sum of fore, ties Fiscal Control, Department of $18,228, payable from Fund Nos. 01- Be it ordained by the Council of Public Utilities, for a period of one 011501-500500 and 01-011501-639905, is the City of Cleveland: year, with a one year option to renew. hereby approved in all respects. Section 1. That the Director of Whereas, this ordinance consti- Section 3. That this ordinance is Public Safety is hereby authorized tutes an emergency measure provid- hereby declared to be an emergency to make a written requirement con- ing for the usual daily operation of measure and, provided it receives tract in accordance with the Charter a municipal department; now, there- the affirmative vote of two-thirds of and the Codified Ordinances of fore, all the members elected to Council, Cleveland, Ohio, 1976, for the re- Be it ordained by the Council of it shall take effect and be in force quirements for the period of one the City of Cleveland: immediately upon its passage and year, with four (4) options exercis- Section 1. That it is hereby deter- approval by the Mayor; otherwise it able by the Director of Public Safe- mined that the within commodities shall take effect and be in force ty, to renew for an additional one- are non-competitive and cannot be from and after the earliest period year terms, and cancellable upon secured from any source other than allowed by law. thirty days written notice by said BancTec, Inc. Therefore, the Direc- Referred to Directors of Finance, Director, for the necessary items of tor of Public Utilities is hereby Law; Committee on Finance. labor and materials necessary to authorized to make a written con- service and maintain police aircraft, tract with said BancTec, Inc. for the Ord. No. 1353-01. including labor if necessary, in the maintenance of hardware and soft- By Councilman Patmon (by de- approximate amount as purchased ware of not to exceed two BancTec partmental request). during the preceding year, to be pur- remittance processors and support- An emergency ordinance authoriz- chased by the Commissioner of Pur- ing equipment, including parts and ing the Director of Finance, on chases and Supplies upon a unit labor, for a one year term com- behalf of the Cleveland Municipal basis for the Division of Police, mencing upon execution of a con- Court, to apply for and accept a Department of Public Safety. Bids tract, with one (1) option exercis- grant from the Office of Criminal shall be taken in such manner as to able by the Director of Public Util- Justice Services for the Cleveland permit an award to be made for all ities, to renew for an additional one- Municipal Court Soliciting/Prostitu- items as a single contract, or by sep- year term, and cancellable upon tion, Project HOPE Program. arate contract for each or any com- 1678 July 25, 2001 The City Record 13 bination of said items as the Board Section 135.58 Reimbursement for with professional corrections con- of Control shall determine. Alternate Confinement Costs sulting and management organiza- bids for a period less than a year (a) A person who is convicted of tions for the purpose of providing may be taken if deemed desirable an offense other than a minor mis- professional services necessary to by the Commissioner of Purchases demeanor and who is sentenced to establish and operate a home and Supplies until provision is made confinement in the Workhouse or detention program for the Cleve- for the requirements for the entire home detention shall reimburse the land House of Correction. The con- year. City for its expenses incurred by tracts herein authorized shall be Section 2. That the cost of said reason of his or her confinement or prepared by the Director of Law, contract shall be charged against home detention, including, but not approved by the Director of Public the proper appropriation account limited to, the expenses relating to Safety and certified by the Direc- and the Director of Finance shall the provision of food, clothing, med- tor of Finance. certify thereon the amount of the ical care and shelter and home initial purchase thereunder, which detention. It shall be determined by Section 135.62 Uniforms for Cor- purchase, together with all subse- a Court at a hearing held pursuant rectional Officers quent purchases, shall be made on to R.C 2929.223 whether the offend- (a) The Director of Public Safety order of the Commissioner of Pur- er is able to reimburse the City and shall designate the uniforms to be chases and Supplies pursuant to a the amount, if any, that the offend- worn and establish regulations requisition against such contract er is able to pay without undue relating thereto for such correction- duly certified by the Director of hardship to the offender or his or al officers as he may deem it nec- Finance. (RL 37581) her dependents, or without prevent- essary to require to wear uniforms. Section 3. That this ordinance is ing him or her from making resti- (b) The Director is hereby autho- hereby declared to be an emergency tution or reparation to the victim of rized and directed in the manner measure and, provided it receives the offense. No person shall be prescribed in the Charter to enter the affirmative vote of two-thirds of required to reimburse the City if into a requirement contract for the all the members elected to Council, that person has a household income furnishing of the prescribed uni- it shall take effect and be in force from all sources for the previous form, chargeable to the appropria- immediately upon its passage and twelve (12) months equal to one tion made annually for such pur- approval by the Mayor; otherwise it hundred fifty percent (150%) of the pose. shall take effect and be in force federal poverty level or less. (c) The Director is hereby autho- from and after the earliest period (b) Pursuant to Section 83 of the rized to issue a purchase requisition allowed by law. Charter and in accordance with against any such contract for all or Referred to Directors of Public division (B) of RC 753.04, the Direc- any of the uniform equipment. Each Safety, Finance, Law; Committees tor of Law may institute an appro- such requisition shall provide that on Public Safety, Finance. priate civil action in the name of the individual shall pay the cost of the City in the Cuyahoga County the cloth and all other supplies Ord. No. 1355-01. Court of Common Pleas to recover required for such uniform. The order By Councilmen Polensek, Gordon, from the convict the reimbursement issued shall be certified only in the Lewis and Patmon (by departmental for the expenses of his or her con- amount of the cost of making such request). finement in the Workhouse as uniform based upon the contract. An emergency ordinance tosup- determined by the Court pursuant to The cost of such uniform borne by plement the Codified Ordinances of RC 2929.223. the City shall not be deemed to be Cleveland, Ohio, 1976, by enacting part of the compensation of such new Sections 135.57, 135.58, 135.59, Section 135.59 Inmate Labor individual. 135.60, 135.61, 135.62 and 135.63 there- The Commissioner of Correction of, relating to transferring the Divi- may require persons sentenced to Section 135.63 Treatment of Indi- sion of Correction from the Depart- confinement in the House of Cor- gent Alcoholics, Drug Addicts ment of Public Health to the Depart- rection to perform appropriate labor The Director of Public Safety ment of Public Safety; to amend Sec- within the House of Correction, on shall have the authority to accept at tions 135.01 and 141.02, as amended its grounds, or at any other facility the House of Correction without a by various ordinances; and to repeal or project owned or operated by the commitment from a court, any indi- existing Sections 141.06, 141.07, City of Cleveland, the United States gent resident of Cleveland who is in 141.071, 141.072, 141.08, 141.081 and of America, or the State of Ohio, and need of treatment for the cure of the 141.09, as amended by various ordi- any of its political subdivisions. drug or intoxicating liquor habit, nances relating to the Division of when the other resources of the City Correction. Section 135.60 Contracts with Gov- are inadequate or unavailable there- Whereas, this ordinance consti- ernments for Care of Persons at for. For the purpose of such treat- tutes an emergency measure provid- Institutions ment, he may permit any indigent ing for the usual daily operation of The Director of Public Safety, prisoner, resident of Cleveland, who a municipal department; now, there- upon the recommendation of the so requests, to remain after the expi- fore, Commissioner of Correction, is here- ration of his sentence. Every appli- Be it ordained by the Council of by authorized to enter into contracts cation for admission or for permis- the City of Cleveland: with the United States, the State or sion to remain after expiration of Section 1. That upon the concur- any county, city, village or other sentence, for the purpose of such rence of the Board of Control, as political subdivision in the State, for treatment, shall be on a form to be required by Section 77 and 79 of the the reception and care of persons at approved by the Director, and shall Charter of the City of Cleveland, the any of the institutions under the contain an affidavit by the appli- Division of Correction in the Depart- jurisdiction of the Commissioner, cant that he is a resident of Cleve- ment of Public Health is transferred who are wards or the legal respon- land and is indigent. No such appli- to the Department of Public Safety, sibility of the governmental body or cation shall be granted until the and for such purposes the Codified agency thereof upon such terms and need for treatment has been ascer- Ordinances of Cleveland, Ohio, 1976, conditions as the Board of Control tained and certified to by the exam- are hereby supplemented by enact- shall determine. In no event shall ining doctor who shall be in the ing new Sections 135.57, 135.58, such service be rendered at less employ of the City. Such certificate 135.59, 135.60, 135.61, 135.62 and than actual cost as determined by shall be filed with the original 135.63 thereof, to read, respectively, the Commissioner of Accounts after application in the Department of as follows: giving full consideration to all prop- Public Safety. Any such permit to er items of interest, depreciation receive treatment for the drug or Section 135.57 Division of Correc- and overhead, nor shall any such intoxicating liquor habit at the tion: Duties of Commissioner contract be made upon terms less House of Correction may be revoked (a) There is hereby established in favorable to the City than in simi- at any time by the Director when, the Department of Public Safety a lar contracts for services to be ren- in his opinion, the needs of the indi- Division of Correction, to be admin- dered the City by such other gov- vidual or the public are best served istered and controlled by a Commis- ernmental unit or agency. Every by so doing. sioner of Correction subject to the such contract shall provide for can- Section 2. That, upon the concur- provisions of the Charter and ordi- cellation thereof by either party rence of the Board of Control, as nances of the City, and to the super- upon sixty (60) days’ written notice required by Section 77 and 79 of the vision and direction of the Director to the other of the intention to can- Charter of the City of Cleveland, the of Public Safety. cel such contract. following Sections of the Codified (b) The Commissioner shall have Ordinances of Cleveland, Ohio, 1976: the charge and management of such Section 135.61 Home Detention Section 141.06, as enacted by Ordi- bureaus as are or may be estab- Program; Contract Authority nance No. 97006, passed April 4, 1932, lished within such Division, includ- The Director of Public Safety is Section 141.07, as amended by ing but not limited to the House of hereby authorized to enter into Ordinance No. 2422-90, passed April Correction or Workhouse. contracts, on an as needed basis, 8, 1991, 1679 14 The City Record July 25, 2001

Section 141.071, as amended by Section 5. That concurrence of period less than the grant term may Ordinance No. 1559-90, passed March the Board of Control shall be evi- be taken if deemed desirable by the 18, 1991, denced by a certified copy of the Commissioner of Purchases and Section 141.072, as amended by resolution of the Board of Control Supplies until provision is made for Ordinance No. 2303-90, passed Janu- duly filed with the Clerk of Coun- the requirements for the entire ary 28, 1991, cil by the Secretary of the Board t e r m . Section 141.08, as amended by of Control immediately upon the The cost of each contract shall be Ordinance No. 2422-90, passed April adoption of such concurring reso- charged against the fund or funds 8, 1991, lution, which resolution shall be to which are credited the grant pro- Section 141.081, as amended by attached by the Clerk of Council to ceeds accepted pursuant to this Ordinance No. 570-91, passed May 20, this ordinance. ordinance and the Director of 1991, and Section 6. That this ordinance is Finance shall certify thereon the Section 141.09, as amended by hereby declared to be an emergency amount of the initial purchase Ordinance No. 745-66, passed April measure and, provided it receives thereunder, which purchase, togeth- 25, 1966, are hereby repealed. the affirmative vote of two-thirds of er with all subsequent purchases, Section 3. That upon the concur- all the members elected to Council, shall be made on order of the Com- rence of the Board of Control, as it shall take effect and be in force missioner of Purchases and Sup- required by Section 77 of the Char- immediately upon its passage and plies pursuant to a requisition ter of the City of Cleveland, the approval by the Mayor; otherwise it against such contract duly certified duties of the Director of Public Safe- shall take effect and be in force by the Director and from cash ty are hereby amended, and for such from and after the earliest period matching funds identified in Sec- purpose Sections 135.01 and 141.02 of allowed by law. tion 2 of this ordinance. the Codified Ordinances of Cleve- Referred to Directors of Public Section 4. That this ordinance is land, Ohio, 1976, as amended, respec- Safety, Public Health, Finance, Law; hereby declared to be an emergency tively, by Ordinance No. 919-A-42, Committees on Public Safety, Public measure and, provided it receives passed August 31, 1942, and Ordi- Health, Legislation, Finance. the affirmative vote of two-thirds of nance No. 1615-72, passed November all the members elected to Council, 13, 1972, are amended to read as fol- Ord. No. 1356-01. it shall take effect and be in force lows: By Councilmen Polensek and Pat- immediately upon its passage and mon (by departmental request). approval by the Mayor; otherwise it Section 135.01 Establishment; Duties An emergency ordinance authoriz- shall take effect and be in force of Director ing the Director of Public Safety to from and after the earliest period There is hereby established a apply for and accept a grant from allowed by law. Department of Public Safety, to be the Department of Justice, Office of Referred to Directors of Public controlled and administered by a Criminal Justice Services, for the Safety, Finance, Law; Committees Director of Public Safety, subject to 2002 Caribbean Gang Task Force on Public Safety, Finance. the provisions of the Charter and Program; and to enter into contracts ordinances of the City, and to the necessary to implement the Pro- Ord. No. 1357-01. direction of the Mayor. The Director gram. By Councilmen Polensek and Pat- shall be the executive head of the Whereas, this ordinance consti- mon (by departmental request). police and fire forces of the City tutes an emergency measure provid- An emergency ordinance authoriz- under the direction of the Mayor and ing for the usual daily operation of ing the Director of Public Safety to he shall be the appointing authori- a municipal department; now, there- apply for and accept a grant from ty thereof. The Director may appoint fore, the United States Department of Jus- and employ such officers and Be it ordained by the Council of tice, OCJS, for the Cleveland Team employees as may be necessary for the City of Cleveland: Approach to Violence Against the operation of this office and the Section 1. That the Director of Women Program. several divisions and activities com- Public Safety is hereby authorized Whereas, this ordinance consti- prising the Department, except offi- to apply for and accept a grant in tutes an emergency measure provid- cers and employees appointed by the amount of $86,373.00, from the ing for the usual daily operation of division heads other than the Chiefs Department of Justice, Office of a municipal department; now, there- of Police and Fire in accordance Criminal Justice Services, to conduct fore, with the provisions of Charter Sec- the 2002 Caribbean Gang Task Be it ordained by the Council of tion 79. The Director shall have Force Program, for the purposes set the City of Cleveland: power to receive persons sentenced forth in the application and accord- Section 1. That the Director of or committed to penal and correc- ing thereto; that the Director of Pub- Public Safety is hereby authorized tional institutions within the Public lic Safety is hereby authorized to to apply for and accept a grant in Safety Department from jurisdic- file all papers and execute all doc- the amount of $40,857, from the Unit- tions other than the City, and to uments necessary to receive the ed States Department of Justice, release and parole all prisoners sen- funds under said grant; and that OCJS, to conduct the Cleveland tenced or committed to penal or cor- said funds be and they hereby are Team Approach to Violence Against rectional institutions within the appropriated for the purposes set Women Program, for the purposes Public Safety Department, except forth in the application for said set forth in the application and prisoners of the Federal govern- grant. according thereto; that the Director ment. Section 2. That the application for of Public Safety is hereby autho- said grant, File No. 1356-01-A, made rized to file all papers and execute Section 141.02 Powers and Duties a part hereof as if fully rewritten all documents necessary to receive of Director herein, including the obligation of the funds under said grant; and that The Director of Public Health the City of Cleveland to provide said funds be and they hereby are shall have charge of and general cash matching funds in the amount appropriated for the purposes set supervision and control over divi- of $28,791.00, payable from Fund No. forth in the application for said sions and bureaus established in 10 SF 025, is hereby approved in all grant. the Department of Public Health. respects. Section 2. That the application for He shall have power to authorize, Section 3. That the Director of said grant, File No. 1357-01-A, made approve and accept the rendition Public Safety is hereby authorized a part hereof as if fully rewritten of voluntary services to the bene- to make written requirement con- herein, including the obligation of fit of and without cost to the City tract in accordance with the Char- the City of Cleveland to provide and its citizen by medical and ter and the Codified Ordinances of cash matching funds in the sum of paramedical and other volunteer Cleveland, Ohio, 1976, for the re- $13,619 from Fund Nos. 01-600200- personnel. He shall have such addi- quirements for the period of the 507000 and 01-600200-500500, is here- tional duties as may be required grant authorized by this ordinance by approved in all respects. by ordinance. for the necessary items of equip- Section 3. That this ordinance is Section 4. That upon the concur- ment needed to implement the pro- hereby declared to be an emergency rence of the Board of Control, as gram, as described in the applica- measure and, provided it receives required by Section 77 of the Char- tion. The cost of said contract is the affirmative vote of two-thirds of ter of the City of Cleveland, the payable from the fund or funds to all the members elected to Council, duties of the Director of Public Safe- which are credited the grant pro- it shall take effect and be in force ty are hereby amended, and for such ceeds accepted pursuant to this ordi- immediately upon its passage and purpose Sections 135.01 and 141.02 of nance. Bids shall be taken in such approval by the Mayor; otherwise it the Codified Ordinances of Cleve- manner as to permit an award to be shall take effect and be in force land, Ohio, 1976, as amended, respec- made for all items as a single con- from and after the earliest period tively, by Ordinance No. 919-A-42, tract, or by separate contract for allowed by law. passed August 31, 1942, and Ordi- each or any combination of said Referred to Directors of Public nance No. 1615-72, passed November items as the Board of Control shall Safety, Finance, Law; Committees 13, 1972, are repealed. determine. Alternate bids for a on Public Safety, Finance. 1680 July 25, 2001 The City Record 15

Ord. No. 1358-01. Section 3. That this ordinance is a municipal department; now, there- By Councilmen Polensek and Pat- hereby declared to be an emergency fore, mon (by departmental request). measure and, provided it receives Be it ordained by the Council of An emergency ordinance authoriz- the affirmative vote of two-thirds of the City of Cleveland: ing the Director of Public Safety to all the members elected to Council, Section 1. That Section 627.10 of apply for and accept a grant from it shall take effect and be in force the Codified Ordinances of Cleve- the Department of Justice, Office of immediately upon its passage and land, Ohio, as amended by Ordi- Community Oriented Policing Ser- approval by the Mayor; otherwise it nance No. 1359-91, passed July 24, vices for the COPS In Schools Pro- shall take effect and be in force 1991, is hereby amended to read as gram. from and after the earliest period follows: Whereas, this ordinance consti- allowed by law. tutes an emergency measure provid- Referred to Directors of Public Section 627.10 Possessing Certain ing for the usual daily operation of Safety, Finance, Law; Committees Weapons at or About Public Places a municipal department; now, there- on Public Safety, Finance. (a) No person shall knowingly fore, carry, have in his possession or Be it ordained by the Council of Ord. No. 1360-01. ready at hand any handgun, BB the City of Cleveland: By Councilmen Polensek and Pat- gun, pellet gun, dangerous ord- Section 1. That the Director of mon (by departmental request). nance, shotgun, rifle, knife having a Public Safety is hereby authorized An emergency ordinance to amend blade two and one-half inches in to apply for and accept a grant in the title and Section 1 of Ordinance length or longer, brass knuckles, the amount of $2,500,000, from the No. 1427-2000, passed August 7, 2000, cestus, billy, karate stick, black- Department of Justice, Office of relating to a grant for the 2000-2001 jack, sword or saber while at or Community Oriented Policing Ser- Emergency Medical Services Grant. about a public place. vices, to conduct the COPS In Whereas, this ordinance consti- (b) As used in this section, “pub- Schools Program, for the purposes tutes an emergency measure provid- lic place” means any place to which set forth in the application and ing for the usual daily operation of the general public has access and a according thereto; that the Director a municipal department; now, there- right to resort for business, enter- of Public Safety is hereby autho- fore, tainment or other lawful purpose, rized to file all papers and execute Be it ordained by the Council of but does not necessarily mean a all documents necessary to receive the City of Cleveland: place devoted solely to the uses of the funds under said grant; and that Section 1. That the title and Sec- the public. It also includes the front said funds be and they hereby are tion 1 of Ordinance No. 1427-2000, or immediate area of any store, appropriated for the purposes set passed August 7, 2000, are hereby shop, restaurant, tavern or other forth in the application for said amended to read, respectively, as place of business and any grounds, grant. follows: areas or parks where persons would Section 2. That the application for An emergency ordinance authoriz- congregate. said grant, File No. 1358-01-A, made ing the Director of Public Safety to (c) This section does not apply to a part hereof as if fully rewritten apply for and accept a grant from officers, agents or employees of this herein, including the obligation of the Ohio Department of Public Safe- or any other state or the United the City of Cleveland to provide ty for the 2000-2001 Emergency Med- States, to law enforcement officers cash matching funds in the sum of ical Services Grant; and to enter into authorized to carry or possess dead- $901,980, payable from Fund No. 01- a requirement contract for the pur- ly weapons or to persons with pri- 600200-507000, is hereby approved in chase of equipment or supplies nec- vate or special police commissions, all respects. essary to implement the program. and acting within the scope of their Section 3. That this ordinance is Section 1. That the Director of duties. hereby declared to be an emergency Public Safety is hereby authorized (d) This section shall not apply if measure and, provided it receives to apply for and accept a grant in any weapon in division (a) of this the affirmative vote of two-thirds of the amount of $224,599.60, from the section was part of a public weapon all the members elected to Council, Ohio Department of Public Safety to display, show or exhibition, or was it shall take effect and be in force conduct the 2000-2001 Emergency in the possession of a person par- immediately upon its passage and medical Services Grant, for the pur- ticipating in an organized match, approval by the Mayor; otherwise it poses set forth in the application competition or practice session. shall take effect and be in force and according thereto; that the (e) It is an affirmative defense to from and after the earliest period Director of Public Safety is hereby a charge under this section that the allowed by law. authorized to file all papers and actor was not otherwise prohibited Referred to Directors of Public execute all documents necessary to by law from possessing the weapon, Safety, Finance, Law; Committees receive the funds under said grant; and that the weapon was kept ready on Public Safety, Finance. and that said funds be and they at hand by the actor for defense hereby are appropriated for the pur- purposes, while he was engaged in Ord. No. 1359-01. poses set forth in the application for his lawful business or occupation, By Councilmen Polensek and Pat- said grant. which business or occupation was of mon (by departmental request). Section 2. That the existing title such character or at such a place as An emergency ordinance authoriz- and Section 1 of Ordinance No. 1427- to render the actor particularly sus- ing the Director of Public Safety to 2000, passed August 7, 2000, are ceptible to criminal attack, such as apply for and accept a grant from hereby repealed. would justify a prudent man in hav- the Ohio Department of Public Safe- Section 3. That this ordinance is ing the weapon ready at hand. ty for the STEP 2002 Program. hereby declared to be an emergency (f) It is an affirmative defense to Whereas, this ordinance consti- measure and, provided it receives a charge under this section that the tutes an emergency measure provid- the affirmative vote of two-thirds of actor was not otherwise prohibited ing for the usual daily operation of all the members elected to Council, by law from possessing a knife hav- a municipal department; now, there- it shall take effect and be in force ing a blade two and one-half inches fore, immediately upon its passage and in length or longer, or that the actor Be it ordained by the Council of approval by the Mayor; otherwise it at the time was engaged in a law- the City of Cleveland: shall take effect and be in force ful business and that business Section 1. That the Director of from and after the earliest period requires a knife having a blade two Public Safety is hereby authorized allowed by law. and one-half inches in length or to apply for and accept a grant in Referred to Directors of Public longer as a tool of trade, or the the amount of $66,636.00, from the Safety, Finance, Law; Committees knife having a blade two and one- Ohio Department of Public Safety, to on Public Safety, Finance. half inches in length or longer was conduct the STEP 2002 Program, for kept ready at hand by the actor for the purposes set forth in the appli- Ord. No. 1361-01. defense purposes, while he was cation and according thereto; that By Councilmen Polensek, Lewis engaged in his lawful business or the Director of Public Safety is here- and Patmon (by departmental re- occupation, which business or occu- by authorized to file all papers and quest). pation was of such character or at execute all documents necessary to An emergency ordinance to amend such a place as to render the actor receive the funds under said grant; Section 627.10 of the Codified Ordi- particularly susceptible to criminal and that said funds be and they nances of Cleveland, Ohio, as attack, such as would justify a pru- hereby are appropriated for the pur- amended by Ordinance No. 1359-91, dent man in having such a knife poses set forth in the application for passed July 24, 1991, relating to pos- ready at hand. said grant. sessing certain weapons at or about (g) Notwithstanding the provi- Section 2. That the application for public places. sions of Section 601.13 and division said grant, File No. 1359-01-A, made a Whereas, this ordinance consti- (a) of Section 601.99, whoever vio- part hereof as if fully rewritten here- tutes an emergency measure provid- lates this section is guilty of pos- in, is hereby approved in all respects. ing for the usual daily operation of sessing certain weapons on or about 1681 16 The City Record July 25, 2001 public places and shall be fined not boree held in Cleveland in 2000, to Section 3. That all documents nec- less than three hundred dollars the Division of Recreation; and essary to complete the conveyance ($300.00), nor more than one thou- Whereas, this ordinance consti- authorized by this ordinance shall sand dollars ($1,000), and impris- tutes an emergency measure provid- be executed within six (6) months oned for not less than three (3) ing for the usual daily operation of of the effective date of this ordi- days, nor more than six (6) months. a municipal department; now, there- nance. If all of the documents are No part of this sentence shall, in fore, not executed within six (6) months any case whatsoever, be suspended Be it ordained by the Council of of the effective date of this ordi- or otherwise reduced. the City of Cleveland: nance, or such additional time as Section 2. That existing Section Section 1. That the Director of may be granted by the Director of 627.10 of the Codified Ordinances of Parks, Recreation and Properties is Community Development, this ordi- Cleveland, Ohio, as amended by hereby authorized to accept on nance shall be repealed and shall be Ordinance No. 1359-91, passed July behalf of the Division of Recreation, of no further force or effect. 24, 1991, is hereby repealed. a cash donation in the amount of Section 4. That the consideration Section 3. That this ordinance is $15,000, from Dollar Bank to be used for the subject parcel shall be estab- hereby declared to be an emergency for recreational purposes. lished by the Board of Control and measure and, provided it receives Section 2. That this ordinance is shall be not less than Fair Market the affirmative vote of two-thirds of hereby declared to be an emergency Value taking into account such all the members elected to Council, measure and, provided it receives terms and conditions, restrictions it shall take effect and be in force the affirmative vote of two-thirds of and covenants as are deemed nec- immediately upon its passage and all the members elected to Council, essary or appropriate. approval by the Mayor; otherwise it it shall take effect and be in force Section 5. That the conveyance shall take effect and be in force immediately upon its passage and authorized hereby shall be made by from and after the earliest period approval by the Mayor; otherwise it official deed prepared by the Direc- allowed by law. shall take effect and be in force tor of Law and executed by the Referred to Directors of Public from and after the earliest period Mayor on behalf of the City of Safety, Finance, Law; Committees allowed by law. Cleveland. The deed shall contain on Public Safety, Finance. Referred to Directors of Parks, such provisions as may be necessary Recreation and Properties, Finance, to protect and benefit the public Ord. No. 1362-01. Law; Committees on Public Parks, interest including such restrictive By Councilman Polensek. Property, and Recreation, Finance. covenants and reversionary inter- An emergency ordinance authoriz- ests as may be specified by the ing the Director of Community Ord. No. 1364-01. Board of Control, the Director of Development to enter into an agree- By Councilmen Sweeney, Jackson, Community Development or the ment with Northeast Shores Devel- Cimperman and Patmon (by depart- Director of Law. opment Corporation for Memorial mental request). Section 6. That this ordinance is School Housing Project through the An emergency ordinance authoriz- hereby declared to be an emergency use of Ward 11 Neighborhood Equi- ing the sale of real property as part measure and, provided it receives ty Funds. of the Land Reutilization Program the affirmative vote of two-thirds of Whereas, this ordinance consti- and located at 12602 Bennington all the members elected to Council, tutes an emergency measure provid- Avenue to Kenneth W. Gibson, Jr. it shall take effect and be in force ing for the usual daily operation of Whereas, the City of Cleveland immediately upon its passage and a municipal department; now, there- has elected to adopt and implement approval by the Mayor; otherwise it fore, the procedures under Chapter 5722 shall take effect and be in force Be it ordained by the Council of of the Ohio Revised Code to facili- from and after the earliest period the City of Cleveland: tate reutilization of nonproductive allowed by law. Section 1. That the Director of lands situated within the City of Referred to Directors of Commu- Community Development is autho- Cleveland; and nity Development, City Planning rized to enter into an agreement Whereas, real property acquired Commission, Finance, Law; Commit- with Northeast Shores Development under the City’s Land Reutilization tees on Community and Economic Corporation for Memorial School Program is acquired, held, adminis- Development, City Planning, Housing Project for the public pur- tered and disposed of by the City of Finance. pose of converting this school build- Cleveland through its Department of ing into forty market rate residen- Community Development under the Ord. No. 1365-01. tial rental units for City of Cleve- terms of Chapter 5722 of the Ohio By Councilman Westbrook. land residents. Revised Code and Section 183.021 of An emergency ordinance to vacate Section 2. That the cost of said Codified Ordinances of the City of a portion of West 68th Street here- contract shall be in an amount not Cleveland, 1976; and inafter described. to exceed $100,000 and shall be paid Whereas, this ordinance consti- Whereas, on the 12th day of June from Fund No. 10 SF 166. tutes an emergency measure provid- 2000, the Council of the City of Section 3. That the Director of ing for the usual daily operation of Cleveland adopted Resolution No. Law shall prepare and approve said a municipal department; now, there- 377-2000 declaring, its intention to contract and that the contract shall fore, vacate a portion of West 68th Street, contain such terms and provisions Be it ordained by the Council of hereinafter described. as he deems necessary to protect the the City of Cleveland: Whereas, notice of the adoption of City’s interest. Section 1. That pursuant to Sec- the above Resolution No. 377-2000 Section 4. That this ordinance is tion 183.021 of the Codified Ordi- has been served upon the owners of hereby declared to be an emergency nances of Cleveland, Ohio, 1976, the all the property abutting West 68th measure and, provided it receives Commissioner of Purchases and Sup- Street affected by said Resolution, the affirmative vote of two-thirds of plies is hereby authorized to sell notifying the said property owners all the members elected to Council, Permanent Parcel No. 020-12-044, as of the time and place at which it shall take effect and be in force more fully described below, to Ken- objections can be heard before the immediately upon its passage and neth W. Gibson, Jr. Board of Revision of Assessments, approval by the Mayor; otherwise it Section 2. That the real property and shall take effect and be in force to be sold pursuant to this ordinance Whereas, on the 24th day of April, from and after the earliest period is more fully described as follows: 2001, the Board of Revision of allowed by law. Assessments approved the vacation Referred to Directors of Commu- P. P. No. 020-12-044 of West 68th Street, hereinafter nity Development, Finance, Law; Situated in the City of Cleveland, described, in accordance with the Committees on Community and Eco- County of Cuyahoga and State of provisions of Section 176 of the Char- nomic Development, Finance. Ohio, and known as being Sublot No. ter of the City of Cleveland; and 552 in the Clark Manchester Compa- Whereas, this Council is satisfied Ord. No. 1363-01. ny’s Homesite Allotment No. 2 of part that there is good cause for vacat- By Councilmen Rybka and Pat- of Original Rockport Township Lot ing West 68th Street, hereinafter mon (by departmental request). No. 5, Section 1 as shown by the described and that it will not be An emergency ordinance authoriz- recorded plat in Volume 54 of Maps, detrimental to the general interest ing the Director of Parks, Recre- Page 35 of Cuyahoga County Records, and ought to be made; and ation and Properties to accept a and being 40 feet front on the Norther- Whereas, this ordinance consti- cash donation from Dollar Bank for ly side of Bennington Avenue, S.W. tutes an emergency measure provid- recreational purposes. and extending back of equal width, ing for the usual daily operation of Whereas, Dollar Bank has indi- 119 feet deep, be the same more or a municipal department; now, there- cated a desire to make a cash dona- less, but subject to all legal highways. fore tion of $15,000, resulting in proceeds Also subject to all zoning ordi- Be it ordained by the Council of generated by the Dollar Bank Jam- nances, if any. the City of Cleveland: 1682 July 25, 2001 The City Record 17

Section 1. That all that portion of the affirmative vote of two-thirds of Sublot No. 73 and all of Sublots Nos. West 68th Street (50.00 feet wide) all the members elected to Council, 71 and 72 in the N. M. Standart’s Sub- extending Southerly from a point it shall take effect and be in force division, of part of Original Brook- which is 46 feet Southerly from the immediately upon its passage and lyn Township Lots Nos. 49 and 50, Easterly prolongation of the center approval by the Mayor; otherwise it as shown by the recorded plat in line of Camden Avenue (30 feet shall take effect and be in force Volume 1 of Maps, Page 22 of Cuya- wide) to its Southerly terminus, be from and after the earliest period hoga County Records, and bounded and the same is hereby vacated. allowed by law. and described as follows: Section 2. That there be and here- Referred to Directors of Public Beginning at the intersection of by is reserved to the City of Cleve- Service, Finance, Law; Committees the centerline of West 57th Street, land easements or charges to the on Public Service, Finance. 60 feet wide, and the centerline of Division of Water, Dominion East Bridge Avenue N.W., 66 feet wide, at Ohio Gas, Division of Fire, and the FIRST READING which point a 3/8" drill hole in a Division of Cleveland Public Power ORDINANCES REFERRED stone in a monument box found 0.20 for existing equipment. feet South; The description of the easement is Ord. No. 1367-01. Thence South 89 degrees, 12 min- as follows: By Councilman Melena. utes, 55 seconds East, along the cen- That portion of West 68th Street An ordinance to change the Use terline of Bridge Avenue N.W., a dis- (50 feet wide) extending Southerly District of lands bounded by West tance of 30.00 feet, to the Easterly from a point which is 46 feet 58 Street, Aspen Court, N.W. and line of West 57th Street; Southerly from the Easterly prolon- south of Side Avenue, N.W. (Map Thence North 0 degrees, 48 min- gation of the Center line of Camden Change No. 2034, Sheet No. 1) utes, 15 seconds East, along the Avenue (30 feet wide) to its Souther- Be it ordained by the Council of Easterly line of West 57th Street, a ly terminus. the City of Cleveland: distance of 33.00 feet to a 5/8" That no structures shall be here- Section 1. That the Use District of capped (Reitz Eng) iron pin set on after erected on the premises lands bounded and described as fol- the Northerly line of Bridge Avenue, described in this easement except lows, N.W. and the principal place of those constructed in accordance Beginning at the intersection of beginning; with the approval of, and in com- the center line of West 58 Place and Thence continuing North 0 pliance with, plans approved by the the center line of Aspen Court, N.W.; degrees, 48 minutes, 15 seconds Dominion East Ohio Gas Company, thence southwesterly along said cen- East, along the Easterly line of the Division of Fire, Division of ter line of Aspen Court, N.W. to the West 57th Street, a distance of 87.00 Water, and Cleveland Public Power center line of West 58 Street; thence feet to a 5/8" capped (Reitz Eng) of the City of Cleveland. northwesterly along said center line iron pin set at a Southwesterly cor- Section 3. That the Clerk of Coun- of West 58 Street to its intersection ner of a parcel of land conveyed to cil be and is hereby directed to noti- with the southwesterly extension of Charles Summerson and Donna fy the Auditor of Cuyahoga County the northwesterly line of Sublot No. Davitt, by deed recorded in AFN of the vacation of all that portion of 133 in the James M. Hoyt Allotment 199905200677 of Cuyahoga County West 68th Street, herein provided by as recorded in Volume 3, Page 1 of Records; sending him a copy of this Ordi- the Cuyahoga County Map Records; Thence South 89 degrees, 12 min- nance. thence northeasterly, northwesterly, utes, 55 seconds East, along a Section 4. That this ordinance is northeasterly, and northerly along Southerly line of land so conveyed hereby declared to be an emergency said northwesterly line of said to Charles Summerson and Donna measure and, provided it receives Sublot No. 133 and along its norther- Davitt, passing through 5/8" capped the affirmative vote of two-thirds of ly extension to the center line of (Reitz Eng) iron pins set at 23.32 all the members elected to Council, Side Avenue, N.W.; thence easterly feet and 38.99 feet, a distance of it shall take effect and be in force along said center line of Side 50.00 feet to a 5/8" capped (Reitz immediately upon its passage and Avenue, N.W. to the center line of Eng) iron pin set at an interior cor- approval by the Mayor; otherwise it West 58 Place, N.W.; thence south- ner thereof; shall take effect and be in force easterly along said center line of Thence South 0 degrees, 48 min- from and after the earliest period West 58 Place to the place of begin- utes, 15 seconds West, along a allowed by law. ning, Westerly line of land so conveyed to Referred to Directors of Public and as outlined in red on the map Charles Summerson and Donna Service, City Planning Commission, hereto attached, be and the same is Davitt, a distance of 7.00 feet to a Law; Committees on Public Service, hereby changed to an RA-2 Town- 5/8" capped (Reitz Eng) iron pin set City Planning. house District. at a Southwesterly corner thereof; Section 2. That said changed des- Thence South 89 degrees, 12 min- Ord. No. 1366-01. ignation of lands described in Sec- utes, 59 seconds East, along the By Councilmen Westbrook, Cin- tion 1 shall be identified as Map most Southerly line of land so con- tron and Patmon (by departmental Change No. 2034, Sheet No. 1 and veyed to Charles Summerson and request). shall be made upon the Building Donna Davitt, passing through 5/8" An emergency ordinance to amend Zone Maps of the City of Cleveland capped (Reitz Eng) iron pins set at Section 1 of Ordinance No. 520-2000, on file in the office of the Clerk of 4.66, 20.33 and 36.00 feet, a distance passed May 22, 2000, relating to Council and on file in the office of of 64.57 feet to a 5/8" capped (Reitz causing payment of the City’s share the City Planning Commission by Eng) iron pins set on the Westerly to the County of Cuyahoga for the the appropriate person designated line of the Benedict and Root Allot- cost of repairing and resurfacing for such purpose by the City Plan- ment, as shown by the recorded plat West 117th Street from Bellaire ning Commission. in Volume 1 of Maps, Page 13 of Road to Edgewater Drive. Section 3. That this ordinance Cuyahoga County Records; Whereas, this ordinance consti- shall take effect and be in force Thence South 0 degrees, 53 min- tutes an emergency measure provid- from and after the earliest period utes, 55 seconds West, along the ing for the usual daily operation of allowed by law. Westerly line of said Benedict and a municipal department; now, there- Referred to Directors of City Plan- Root Allotment, a distance of 80.00 fore, ning Commission, Law; Committee feet to a 5/8" capped (Reitz Eng) Be it ordained by the Council of on City Planning. iron pin set on the Northerly line of the City of Cleveland: Bridge Avenue, N.W.; Section 1. That Section 1 of Ordi- Ord. No. 1368-01. Thence North 89 degrees, 12 min- nance No. 520-2000, passed May 22, By Councilman Melena. utes, 59 seconds West, along the 2000, is hereby amended to read as An ordinance to change the Use Northerly line of Bridge Avenue, follows: District of lands located on the N.W., passing through 5/8" capped Section 1. That this Council here- northeast corner of West 57 Street (Reitz Eng) iron pins set at 28.41, by authorizes payment to the Coun- and Bridge Avenue, N.W. (Map 44.08, 59.75, 75.42, 91.09 feet, a dis- ty of Cuyahoga of the City’s share Change No. 2035, Sheet No. 1) tance of 114.44 feet to the principal of the cost of repairing and resur- Be it ordained by the Council of place of beginning, and containing facing West 117th Street from Bel- the City of Cleveland: 0.2183 acres (9,510 square feet) of laire Road to Edgewater Drive, from Section 1. That the Use District of land according to a survey by The Fund No. 20 SF 334, 20 SF 353, 20 SF land bounded and described as fol- Henry G. Reitz Engineering Compa- 364 and 20 SF 425, Request No. 4386. lows, ny, Stuart W. Sayler, Registered Sur- Section 2. That existing Section 1 veyor No. S-8028, dated July, 2001, be of Ordinance No. 520-2000, passed Description of Bridge Square the same more or less, but subject May 22, 2000, is hereby repealed. Townhouses No. 4 Lot Split to all legal highways and easements Section 3. That this ordinance is Situated in the City of Cleveland, of record. hereby declared to be an emergency County of Cuyahoga and State of All bearing are based on Bridge measure and, provided it receives Ohio, and known as being part of Avenue having a bearing of North 89 1683 18 The City Record July 25, 2001 degrees, 12 minutes, 59 seconds West, 19) SE Corner of Bosworth & 71) 13046 Lorain Ave., #ETM 1158 and used to denote angles only, Lorain Ave., #EOM 15145 72) 13014 Lorain Ave., #1157 and as outlined in red on the map 20) SW Corner of Bosworth & 73) NE Corner of W. 130th & hereto attached, be and the same is Lorain Ave., #EOM 15144 Lorain, #ETM 1156 hereby changed to an RA-2 Town- 21) 11515 Lorain Ave., #EOM 15142 74) –and– on CEI pole at 12928 house District. 22) In front of Lyric, #EOM 15140 Lorain, no # Section 2. That said changed des- 23) 11629 Lorain Ave., #EOM 15139 75) –and– on CPP pole at Parking ignation of lands described in Sec- 24) SE Corner of W. 117th & Lot of Mt. Calvary, #ETM 1154 tion 1 shall be identified as Map Lorain Ave., #EOM 15138 76) 12722 Lorain, # ETM 1151 Change No. 2035, Sheet No. 1 and 25) SW Corner of W. 117th St. & 77) 12626 Lorain Ave., #ETM 1149 shall be made upon the Building Lorain Ave., #ETM 113 (19729) 78) NW Corner of W. 125th & Zone Maps of the City of Cleveland 26) Pole between 11711 & 11717 Lorain, #ETM 1147 on file in the office of the Clerk of Lorain Ave., #19735 79) 12224 Lorain Ave., #ETM 1145 Council and on file in the office of 27) SW Corner of W. 118th & 80) –and– on CEI pole at NE Cor- the City Planning Commission by Lorain Ave., #ETM 4423 ner of W. 122nd & Lorain, #18010 the appropriate person designated 28) 11833 Lorain Ave., #MELP 81) –and– on CPP pole at 12000 for such purpose by the City Plan- 19738 Lorain Ave., #ETM 1143 ning Commission. 29) Pole in front of 11901 Lorain 82) 11836 Lorain Ave., #ETM 1140 Section 3. That this ordinance Ave., #19739 83) Pole on NW Corner of W. shall take effect and be in force 30) Pole on SW Corner of W. 120th 118th & Lorain, No # from and after the earliest period & 12019 Lorain Ave., #19742 84) –and– on CEI poles at 11726 allowed by law. 31) 12119 Lorain Ave., #ETM 1128 Lorain Ave., No # Referred to Directors of City Plan- 32) –and– 33) –and– CEI poles at 85) 11718 Lorain Ave., #15798 ning Commission, Law; Committee 12207 Lorain Ave. West of RTA stop 86) NE Corner of 11848 Lorain, on City Planning. #52461, and SW Corner of W. 123 & #15541 Lorain #52465 87) 11624 Lorain, # 15535 FIRST READING EMERGENCY 34) –and– CPP poles at 12409 88) Pole NW of 11550 Lorain, No ORDINANCES READ IN FULL Lorain Ave., #ETM 1122 # AND PASSED 35) 12519 Lorain Ave., #ETM 1120 89) 11422 Lorain, #13776 36) Pole on SW Corner of W. 126th 90) 11214 Lorain Ave., #15534 Ord. No. 1369-01. & Lorain Ave., #18628 91) 11022 Lorain Ave., #552522 By Councilmen Brady and Swee- 37) and CEI Poles at SW Side in 92) In Front of Burger King Sign, ney. front of Salvation Army, #52481 #13797 An emergency ordinance authoriz- 38) In front of Lion’s Pub, #52485 93) In Front of National City ing the Director of Public Service to 39) 12714 Lorain Ave., #52489 Bank, #13741 issue a permit to Westown Commu- 40) 12831 Lorain Ave., #52493 On The North Side of Lorain nity Development Corporation to 41) –and– CPP poles at; VME Auto Avenue: hang 102 Holiday Wreaths that will Sales, #EMT 1108 94) In Front of Taco Bell, #31464 encroach into the Public right-of- 42) 1 of the 2 poles at 12945 Lorain 95) In Front of McDonald’s, way on Lorain Ave. from West Blvd. Ave., 18629 #313255 to W. 140th St. using Cleveland Pub- 43) SW Corner of W. 130th & 96) NW Corner of W. 106th St. & lic Power & Cleveland Electric Illu- Lorain, #ETM 1106 Lorain #523851 minating utility poles (by separate 44) –and– CEI poles at; Pole West 97) NW Corner of W. 105th St. & permissions). of RTA Shelter, # 52507 Lorain, No # Whereas, this ordinance consti- 45) –and– CPP poles on SW Cor- 98) 10330 Lorain Ave., #63423 tutes an emergency measure provid- ner of CVS Store, #17520 99) NW Corner of W. 103rd & ing for the usual daily operation of 46) Pole on SW Corner of W. Lorain Ave., (10300 Lorain), #63421 a municipal department; now, there- 132nd St. & Lorain, #17521 100) 10234 Lorain Ave., #51194 fore, 47) –and– CEI pole near RTA 101) Just East of BP, 1st Drive, Be it ordained by the Council of Shelter in front of Jefferson Park, #63419 the City of Cleveland: #52519 102) Just West of BP, 2nd Drive, Section 1. That the Director of 48) –and– CPP pole at 13305 #15520. Public Service is hereby authorized Lorain Ave., #EOM 1203 Section 2. That said Holiday and directed to issue a permit to 49) –and– CEI pole at 13343 Lorain Wreaths will be hung within the Westown Community Development Ave., #52527 public right-of-way of portions of Corporation, 10313 Lorain Avenue, 50) –and– CPP poles on SW Cor- the streets as aforesaid, and said Cleveland, Ohio 44111, its successors ner of W. 134th & Lorain, #EOM Holiday Wreaths will be construct- and assigns, to hang approximately 1234 ed in accordance with plans and one-hundred-two (102) Holiday 51) 13439 Lorain Ave., #3786 specifications approved by the Com- Wreaths on Lorain Avenue from 52) Vinnie’s Beverage, #EOM 1238 missioner of Engineering and Con- West Boulevard to West 140th Street 53) 13581 Lorain in front of Key struction. using Cleveland Public Power and Bank in Marc’s Plaza, #EOM 1240 Section 3. That nothing in this Cleveland Electric Illuminating util- 54) Pole in front of Advance Auto ordinance grants or shall be consid- ity poles (by separate permissions), Parts, #52557 ered a grant to Permittee any right, on the following locations and pole 55) 13813 Lorain Ave., #ETM 1321 privilege or permission to use or to numbers: On the South Side of 56) 13901 Lorain Ave., #18019 attach or affix any object to poles Lorain Avenue: 57) 13929 Lorain Ave., #ETM 1318 described in Section 1 of this ordi- 1) CPP poles at; SW Corner West 58) Corner of W. 140th & Lorain, nance. Blvd. & Lorain; #AOM-2255 #ETM 1317 Section 4. That the permit herein 2) and 3) Lorain moving West, On The North Side of Lorain authorized shall be prepared by the #AOM-2254 and #AOM 2252 Avenue: Director of Law and shall be issued 4) –and– CEI pole #52358 at 10309 59) –and– on CEI pole at NE Cor- only when, in the opinion of the Lorain Ave. ner of W. 140th & Lorain, Pedestrian Director of Law, the City of Cleve- 5) CPP poles; 10407 Lorain Ave., sign pole, no # land has been properly indemnified #AOM 2246 60) CPP pole on at 13980 Lorain against any and all loss which may 6) SE Corner Lorain & W. 105, Ave., #ETM 1525 result from said permit. #AOM 2243 61) –and– on CEI pole at 13948 Section 5. That this ordinance is 7) SW Corner Lorain and W. Lorain Ave., #308199 hereby declared to be an emergency 105th, #AOM 2242 62) –and– on CPP pole at 13900 measure and, provided it receives 8) 10505 Lorain Ave., #AOM-2239 Lorain Ave., #ETM 1324 the affirmative vote of two-thirds of (52375) 63) In front of Mr. Hero’s, #EOM all the members elected to Council, 9) and 10) and 11) 10705 Lorain 1221 it shall take effect and be in force Ave., #EOM 15160, #EOM 15159 & 64) In front of Rentwise, #EOM immediately upon its passage and #EOM 15158 1222 approval by the Mayor; otherwise it 12) SE Corner Joan Ave. & Lorain, 65) In front of Sheehan’s Bar, shall take effect and be in force #EOM 15157 #EOM 1224 from and after the earliest period 13) 10911 Lorain Ave., #EOM 15156 66) NE Corner of W. 135th & allowed by law. 14) SW Corner of Lorain Ave. & Lorain, #1226 Motion to suspend rules. Charter W. 110th, #EOM 15155 67) Near West Drive of St. Vincent and statutory provisions and place 15) 11023 Lorain Ave., #EOM 15153 de Paul’s Church, #EOM 1228 on final passage. 16) 1st pole on East portion of 68) Near East End of St. Vincent The rules were suspended. Yeas Christian Home, #EOM 15150 de Paul’s Church, #EOM 1229 15. Nays 0. Read second time. Read 17) and 18) In front of Christian 69) 13238 Lorain Ave, # ETM 1161 third time in full. Passed. Yeas 15. Home, #EOM 15148, #EOM 15146 70) 13130 Lorain, #ETM 1159 Nays 0. 1684 July 25, 2001 The City Record 19

Ord. No. 1370-01. or 20, depending on location of the issue a permit to the Community By Councilmen Brady and Sweeney. sidewalk. The cost of the program as Relations Board of the City of Cleve- An emergency ordinance au t h o r i z - authorize herein shall be in an land, 601 Lakeside Avenue, Cleve- ing the Director of Public Service to amount not to exceed One Hundred land, Ohio 44114, to install, maintain enter into certain agreements to repair Thousand Dollars, with up to $50,000 and remove one (1) banner to be and replace unsafe or dangerous side- to be paid from Ward 19 Neighbor- stretched on two (2) Cleveland Pub- walks in Wards 19 and 20 through use hood Equity Funds and up to $50,000 lic Power utility poles, (by separate of Neighborhood Equity Funds. to be paid from Ward 20 Neighbor- permission) publicizing “The Mayor’s Whereas, this ordinance constitutes hood Equity Funds. Night Out Against Crime” annual an emergency measure providing for Section 4. That this ordinance is event, for the period of July 16, 2001 the usual daily operation of a munic- hereby declared to be an emergency to August 8, 2001, inclusive, on the ipal department; now, therefore measure and, provided it receives following poles and at the following Be it ordained by the Council of the affirmative vote of two-thirds of locations: Pole Number 88329 on the City of Cleveland: all the members elected to Council, Stokes Boulevard South of Carnegie Section 1. That pursuant to Sec- it shall take effect and be in force Avenue (on the West Side of Street); tion 167 of the Charter of the City immediately upon its passage and and, on Pole Number 88330 on Stokes of Cleveland, it is hereby deter- approval by the Mayor; otherwise it Boulevard South of Carnegie Avenue mined to make the public improve- shall take effect and be in force (on the East Side of Street); and ment of laying, re-laying and repair- from and after the earliest period which pole locations and banner shall ing specified sidewalks throughout allowed by law. be approved by the Director of Pub- Wards 19 and 20 of the City of Motion to suspend rules. Charter lic Service in consultation with the Cleveland that are designated by and statutory provisions and place Director of Public Safety, as to type, the Department of Public Service or on final passage. method of affixing and location so as the Councilmember of the respective The rules were suspended. Yeas not to interfere with any sign erect- ward as being in an unsafe or dan- 15. Nays 0. Read second time. Read ed and maintained under the require- gerous condition by one or more third time in full. Passed. Yeas 15. ments of law or ordinance. The per- public improvement requirement Nays 0. mission of the owner of any pole contracts duly let to the lowest bid- from which a banner will be hung der after competitive bidding upon Ord. No. 1371-01. must be obtained prior to issuance of a unit basis for the improvement. By Councilman Britt. the permit. No commercial advertis- Section 2. That the Director of An emergency ordinance authoriz- ing shall be printed or permitted on Public Service is hereby authorized ing and directing the Director of said banner, and said banner shall be to enter into a written requirement Public Service to issue a permit to removed promptly upon the expira- contract for the making of the above the City of Cleveland’s Community tion of said permit. public improvement with the lowest Relations Board to stretch 1-banner Section 2. That this ordinance is bidder after competitive bidding for on Stokes Blvd. south of Carnegie hereby declared to be an emergency all such work estimated to be per- on CPP utility poles (by separate measure and, provided it receives formed during the period ending permission) for the period of July the affirmative vote of two-thirds of December 31, 2002, upon a unit basis. 16, 2001 to August 8, 2001, inclusive, all the members elected to Council, Section 3. That the Councilmember publicizing “The Mayor’s Night Out it shall take effect and be in force shall implement the sidewalk repair Against Crime”. immediately upon its passage and program as set forth in Section 1 Whereas, this ordinance constitutes approval by the Mayor; otherwise it hereof as a pilot program available an emergency measure providing for shall take effect and be in force to residents of their respective wards the usual daily operation of a munic- from and after the earliest period on a first-come, first-serve basis for ipal department; now, therefore allowed by law. those residents whose sidewalks are Be it ordained by the Council of Motion to suspend rules. Charter in an unsafe or dangerous condition. the City of Cleveland: and statutory provisions and place The cost of the repair to the side- Section 1. That notwithstanding the on final passage. walk shall be assessed to the resi- provision of Section 623.13 of the Cod- The rules were suspended. Yeas dent, with fifty percent (50%) of the ified Ordinances of Cleveland, Ohio 15. Nays 0. Read second time. Read cost to be offset by Neighborhood 1976, the Director of Public Service is third time in full. Passed. Yeas 15. Equity Funds from either Wards 19 hereby authorized and directed to Nays 0.

Ord. No. 1372-01. By Councilman Britt (by request). An emergency ordinance authorizing the Director of Public Service to issue a permit to Little Italy 2000 Development Corporation to encroach into the public right-of-way, of Mayfield Road to hang six (6) banners on CPP utility poles (by separate permission) identifying this neighborhood’s location. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of Council, and assignable by the Permittee with the written consent of the Director of Public Service to Little Italy 2000 Development Corporation, 12510 Mayfield Road, Cleveland, Ohio 44106, its successors and assigns, to encroach into the public right-of-way, of Mayfield Road to hang six (6) banners on Cleveland Public Power utility poles (by separate permission) identifying this neighborhood’s location and which banners location and utility pole numbers are as follows:

LOCATION: POLE NUMBER: POLE OWNER:

#12009 Mayfield Road ES 40 C. P. P. #12021 Mayfield Road ES 40-1 C. P. P. #12113 Mayfield Road ES 40-2 C. P. P. #12307 Mayfield Road ES 40-4 C. P. P. #12407 Mayfield Road ES 40-5 C. P. P. #12511 Mayfield Road ES 40-6 C. P. P.

Section 2. That said banners will be hung within the public right-of-way as aforesaid in Section 1, and will be con- structed in accordance with plans and specifications approved by the Commissioner of Engineering and Construc- tion. That all other required permits, including a building Permit, shall be obtained before said banners are installed. Section 3. That nothing in this ordinance grants or shall be considered a grant to Permittee any right, privi- lege or permission to use or to attach or affix any object to poles described in Section 1 of this ordinance. Section 4. That the Permit herein authorized shall be prepared by the Director of Law and shall be issued only when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any an all loss which may result from said permit. Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force imme- diately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Motion to suspend rules. Charter and statutory provisions and place on final passage. The rules were suspended. Yeas 15. Nays 0. Read second time. Read third time in full. Passed. Yeas 15. Nays 0. 1685 20 The City Record July 25, 2001

Ord. No. 1373-01. Ohio, 1976, the Director of the Ord. No. 1376-01. By Councilman Britt. Department of Public Service is By Councilman Cimperman. An emergency ordinance amend- hereby authorized and directed to An emergency ordinance consent- ing the title and Section 1 of Ordi- issue a permit to MetroHealth ing and approving the issuance of a nance No. 1125-2000, passed June 19, Clement Center to install, maintain permit for Cleveland’s 1st Annual 2000, relating to installation of yard and remove banners at Townsend Buddy Walk on October 20, 2001, lamps on Hulda Avenue through use and Keyes (in the vicinity of Metro- sponsored by The Upside of Downs of Ward 6 Neighborhood Equity Health’s Clement Center) for the locally and the National Down Syn- Funds. period from August 4, 2001 to Sep- drome Society nationally. Whereas, this ordinance consti- tember 4, 2001, inclusive. Said ban- Whereas, this ordinance consti- tutes an emergency measure provid- ner shall be approved by the Direc- tutes an emergency measure provid- ing for the usual daily operation of tor of Public Service, in consultation ing for the usual daily operation of a municipal department; now, there- with the Director of Public Safety, a municipal department; now, there- fore as to type, method of affixing and fore, Be it ordained by the Council of location so as not to interfere with Be it ordained by the Council of the City of Cleveland: any sign erected and maintained the City of Cleveland: Section 1. That the title and Section under the requirements of law or Section 1. That pursuant to Section 1 of Ordinance No. 1125-00, passed ordinance. The permission of the 411.06 of the Codified Ordinances of June 19, 2000, are hereby amended to owner of any pole from which a ban- Cleveland, Ohio 1976, this Council read respectively as follows: ner will be hung must be obtained consents to and approves the hold- An emergency ordinance authoriz- prior to issuance of the permit. No ing of Cleveland’s 1st Annual Buddy ing the Director of Public Utilities commercial advertising shall be Walk sponsored by The Upside of to purchase and install yard lamps printed or permitted on said banner Downs locally and the National along Hulda Avenue and authoriz- and said banner shall be removed Down Syndrome Society nationally, ing Director of Community Develop- promptly upon the expiration of said on October 20, 2001, assembling in ment to enter into an agreement permit. front of the Rock and Roll Hall of with Buckeye Area Development Section 2. That this ordinance is Fame, west on Erieside to the South Corporation to serve as agent for hereby declared to be an emergency Roadway, South Roadway to West the City for the installation of yard measure and, provided it receives 3rd Street, West 3rd Street north to lamps along Hulda Avenue through the affirmative vote of two-thirds of Erieside, Erieside around the back the use of Ward 6 Neighborhood all the members elected to Council, of the Browns Stadium, Erieside Equity Funds. it shall take effect and be in force back to the Rock and Roll Hall of Section 1. That the Director of immediately upon its passage and Fame and finish, provided that the Public Utilities is authorized to pur- approval by the Mayor; otherwise, it applicant sponsor shall meet all the chase and install approximately 73 shall take effect and be in force requirements of Section 411.05 of the yard lamps along Hulda Avenue in from and after the earliest period Codified Ordinances of Cleveland, accordance with the program allowed by law. Ohio, 1976. Streets may be closed as approved by the Housing Advisory Motion to suspend rules. Charter determined by the Chief of Police Board; and further that the Director and statutory provisions and place and safety forces as may be neces- of Community Development is autho- on final passage. sary in order to protect the partici- rized to enter into an agreement The rules were suspended. Yeas pants in the event. Said permit shall with Buckeye Area Development 15. Nays 0. Read second time. Read further provide that the City of Corporation to serve as agent for third time in full. Passed. Yeas 15. Cleveland shall be fully indemnified the City for the installation of yard Nays 0. from any and all liability resulting lamps along Hulda Avenue through from the issuance of the same, to the extent and in form satisfactory to the use of Ward 6 Neighborhood Ord. No. 1375-01. the Director of Law. Equity Funds in accordance with By Councilman Cimperman. Section 2. That this ordinance is the program approved by the Hous- An emergency ordinance authoriz- hereby declared to be an emergency ing Advisory Board. ing and directing the Commissioner measure and, provided it receives Section 2. That the title and Section of Licenses and Assessments to the affirmative vote of two-thirds of 1 of Ordinance No. 1125-2000, passed issue a permit to Colonial Carriage all the members elected to Council, June 19, 2000, are hereby repealed. for purposes of operating a carriage it shall take effect and be in force Section 3. That this ordinance is business throughout various loca- immediately upon its passage and hereby declared to be an emergency tions in Ward 13. approval by the Mayor; otherwise, it measure and, provided it receives Whereas, this ordinance consti- shall take effect and be in force the affirmative vote of two-thirds of tutes an emergency measure provid- from and after the earliest period all the members elected to Council, ing for the usual daily operation of allowed by law. it shall take effect and be in force a municipal department; now, there- Motion to suspend rules. Charter immediately upon its passage and fore and statutory provisions and place approval by the Mayor; otherwise it Be it ordained by the Council of on final passage. shall take effect and be in force the City of Cleveland: The rules were suspended. Yeas from and after the earliest period Section 1. That notwithstanding 15. Nays 0. Read second time. Read allowed by law. any provisions of the Codified Ordi- third time in full. Passed. Yeas 15. Motion to suspend rules. Charter nances of Cleveland, Ohio, 1976 to Nays 0. and statutory provisions and place the contrary, the Commissioner of on final passage. Licenses and Assessments is autho- Ord. No. 1377-01. The rules were suspended. Yeas rized and directed to issue a permit By Councilman Cimperman. 15. Nays 0. Read second time. Read to Colonial Carriage for purposes of An emergency ordinance consenting third time in full. Passed. Yeas 15. operating a carriage business and approving the issuance of a per- Nays 0. throughout various locations in mit for the 24th Annual Walk-A-Thon Ward 13 of the City of Cleveland; on October 13, 2001, sponsored by the Ord. No. 1374-01. provided, however, that such opera- Catholic Charities Services Corp. By Councilman Britt. tions are conducted in accordance Whereas, this ordinance consti- An emergency ordinance authoriz- with the rules and regulations pro- tutes an emergency measure provid- ing and directing the Director of mulgated by the Division of Licens- ing for the usual daily operation of Public Service to issue a permit to es and Assessments. a municipal department; now, there- MetroHealth Clement Center to Section 2. That this ordinance is fore, stretch banners at Townsend and hereby declared to be an emergency Be it ordained by the Council of Keyes (in the vicinity of Metro- measure and, provided it receives the City of Cleveland: Health’s Clement Center), for the the affirmative vote of two-thirds of Section 1. That pursuant to Sec- period from August 4, 2001 to Sep- all the members elected to Council, tion 411.06 of the Codified Ordi- tember 4, 2001, inclusive, publicizing it shall take effect and be in force nances of Cleveland, Ohio 1976, this the Hospital’s “Around the World immediately upon its passage and Council consents to and approves Health Fair”. approval by the Mayor; otherwise it the holding of the 24th Annual Whereas, this ordinance consti- shall take effect and be in force Walk-A-Thon sponsored by the tutes an emergency measure provid- from and after the earliest period Catholic Charities Services Corp. on ing for the usual daily operation of allowed by law. October 13, 2001, with the route for a municipal department; now, there- Motion to suspend rules. Charter the 5k & 10k Walk-A-Thon being as fore, and statutory provisions and place follows, leaving OLA/St. Joseph Be it ordained by the Council of on final passage. Center Parking lot on /Kenilworth, the City of Cleveland: The rules were suspended. Yeas head (east) on Kenilworth to West Section 1. That notwithstanding 15. Nays 0. Read second time. Read 11th St., turn right circle Lincoln the provision of Section 623.13 of the third time in full. Passed. Yeas 15. Park 2 times, returning to West Codified Ordinances, of Cleveland, Nays 0. 11th/Kenilworth intersection, turn 1686 July 25, 2001 The City Record 21 left onto West 11th Avenue walk to being 1km loop (.6 miles) around it shall take effect and be in force University Rd., turn right onto Uni- the Cleveland Browns Stadium. immediately upon its passage and versity Rd. walk to West 10th St., Starting on West 3rd Street opposite approval by the Mayor; otherwise, it turn right onto West 10th St. walk the stadium, the course proceeds shall take effect and be in force to stop sign, veer left onto Profes- north on West 3rd Street, turns right from and after the earliest period sor Avenue (stay on right side of and becomes Erieside, turns right on allowed by law. street), walk to Jefferson, turn right the road that runs between the sta- Motion to suspend rules. Charter onto Jefferson walk to Starkweath- dium and Science Center, turns right and statutory provisions and place er (cross West 14th St. to west side on the road that runs between East on final passage. of West 14th St.), turn left on West 9th Street and West 3rd Street The rules were suspended. Yeas 14th St. walk (south) to Clark Ave., (North Marginal), turns right on 15. Nays 0. Read second time. Read turn right onto Clark Ave. & walk West 3rd Street and finish, provided third time in full. Passed. Yeas 15. across bridge (over highway) to that the applicant sponsor shall Nays 0. Scranton Rd., turn right onto Scran- meet all the requirements of Section ton Rd. walk to Kenilworth, turn 411.05 of the Codified Ordinances of Ord. No. 1380-01. right onto Kenilworth, return to Cleveland, Ohio, 1976. Streets may be By Councilman Cintron. OLA/St. Joseph Center (on your left closed as determined by the Chief of An emergency ordinance authoriz- on other side of highway overpass), Police and safety forces as may be ing and directing the Director of 5K Walkers Stop Here, 10k walkers necessary in order to protect the Public Service to issue a permit to continue walking on Kenilworth to participants in the event. Said per- The MetroHealth System to stretch West 11th St., turn left onto West mit shall further provide that the banners on West 25th Street on the 11th St. walk to Abbey Rd., turn left City of Cleveland shall be fully west side of the street from Sackett onto Abbey Ave. (cross street to indemnified from any and all liabil- Avenue to I-71 exit ramp, (just north north side of Abbey), cross Abbey ity resulting from the issuance of of I-71 and the east side of the street Ave. Bridge to West 20th St., (enjoy the same, to the extent and in form from Sackett Avenue to I-71 exit the view of Downtown), cross street satisfactory to the Director of Law. ramp), just north of I-71 and on to south side of Abbey Ave., turn Section 2. That this ordinance is Scranton Road on the west side of left and return across Abbey Ave. hereby declared to be an emergency the street from I-71 to Sackett Bridge (enjoy the view of the indus- measure and, provided it receives Avenue and on the east side of the trial side of the Flats), walk to the affirmative vote of two-thirds of street from I-71 to Valentine Avenue, West 11th St., turn left to Universi- all the members elected to Council, for the period from September 1, ty Rd., turn right and walk on West it shall take effect and be in force 2001 to October 2, 2001, inclusive, 10th St., turn right onto Literary immediately upon its passage and publicizing the National Rehabilita- (stay on the right side of the side- approval by the Mayor; otherwise, it tion Awareness Celebration. walk), walk to Kenilworth (veer shall take effect and be in force Whereas, this ordinance consti- left & cross street), turn right onto from and after the earliest period tutes an emergency measure provid- Kenilworth, return to OLA/St. allowed by law. ing for the usual daily operation of Joseph Center (on your right hand Motion to suspend rules. Charter a municipal department; now, there- side after you cross W. 14th Street) and statutory provisions and place fore, and finish, provided that the appli- on final passage. Be it ordained by the Council of cant sponsor shall meet all the The rules were suspended. Yeas the City of Cleveland: requirements of Section 411.05 of the 15. Nays 0. Read second time. Read Section 1. That notwithstanding Codified Ordinances of Cleveland, third time in full. Passed. Yeas 15. the provision of Section 623.13 of the Ohio, 1976. Streets may be closed as Nays 0. Codified Ordinances, of Cleveland, determined by the Chief of Police Ohio, 1976, the Director of the and safety forces as may be neces- Ord. No. 1379-01. Department of Public Service is sary in order to protect the partici- By Councilman Cintron. hereby authorized and directed to pants in the event. Said permit shall An emergency ordinance authoriz- issue a permit to The MetroHealth further provide that the City of ing and directing the Director of System to install, maintain and Cleveland shall be fully indemnified Public Service to issue a permit to remove banners on West 25th Street from any and all liability resulting the Mega Kids Kare Center to on the west side of the street from from the issuance of the same, to stretch banners at the intersection Sackett Avenue to I-71 exit ramp, the extent and in form satisfactory of West 25th and Buhrer Avenue, for (just north of I-71 and the east side to the Director of Law. the period from July 23, 2001 to of the street from Sackett Avenue to Section 2. That this ordinance is August 23, 2001, inclusive, publiciz- I-71 exit ramp), just north of I-71 hereby declared to be an emergency ing the Center’s open enrollment. and on Scranton Road on the west measure and, provided it receives Whereas, this ordinance consti- side of the street from I-71 to Sack- the affirmative vote of two-thirds of tutes an emergency measure provid- ett Avenue and on the east side of all the members elected to Council, ing for the usual daily operation of the street from I-71 to Valentine it shall take effect and be in force a municipal department; now, there- Avenue, for a period from Septem- immediately upon its passage and fore, ber 1, 2001 to October 2, 2001, inclu- approval by the Mayor; otherwise, it Be it ordained by the Council of sive. Said banner shall be approved shall take effect and be in force the City of Cleveland: by the Director of Public Service, in from and after the earliest period Section 1. That notwithstanding consultation with the Director of allowed by law. the provision of Section 623.13 of the Public Safety, as to type, method of Motion to suspend rules. Charter Codified Ordinances, of Cleveland, affixing and location so as not to and statutory provisions and place Ohio, 1976, the Director of the Depart- interfere with any sign erected and on final passage. ment of Public Service is hereby maintained under the requirements The rules were suspended. Yeas authorized and directed to issue a of law or ordinance. The permission 15. Nays 0. Read second time. Read permit to the Mega Kids Kare Cen- of the owner of any pole from which third time in full. Passed. Yeas 15. ter to install, maintain and remove a banner will be hung must be Nays 0. banners at the intersection of West obtained prior to issuance of the 25th and Buhrer Avenue for the peri- permit. No commercial advertising Ord. No. 1378-01. od from July 23, 2001 to August 23, shall be printed or permitted on said By Councilman Cimperman. 2001, inclusive. Said banner shall be banner and said banner shall be An emergency ordinance consent- approved by the Director of Public removed promptly upon the expira- ing and approving the issuance of a Service, in consultation with the tion of said permit. permit for the “Dog Daze Criterium” Director of Public Safety, as to type, Section 2. That this ordinance is bicycle race on August 5, 2001, spon- method of affixing and location so hereby declared to be an emergency sored by Cuyahoga Valley Velo. as not to interfere with any sign measure and, provided it receives Whereas, this ordinance consti- erected and maintained under the the affirmative vote of two-thirds of tutes an emergency measure provid- requirements of law or ordinance. all the members elected to Council, ing for the usual daily operation of The permission of the owner of any it shall take effect and be in force a municipal department; now, there- pole from which a banner will be immediately upon its passage and fore, hung must be obtained prior to approval by the Mayor; otherwise, it Be it ordained by the Council of issuance of the permit. No commer- shall take effect and be in force the City of Cleveland: cial advertising shall be printed or from and after the earliest period Section 1. That pursuant to Sec- permitted on said banner and said allowed by law. tion 411.06 of the Codified Ordi- banner shall be removed promptly Motion to suspend rules. Charter nances of Cleveland, Ohio 1976, this upon the expiration of said permit. and statutory provisions and place Council consents to and approves Section 2. That this ordinance is on final passage. the holding of the “Dog Daze Cri- hereby declared to be an emergency The rules were suspended. Yeas terium” bicycle race, sponsored by measure and, provided it receives 15. Nays 0. Read second time. Read Cuyahoga Valley Velo, on August 5, the affirmative vote of two-thirds of third time in full. Passed. Yeas 15. 2001, with the bicycle race course all the members elected to Council, Nays 0. 1687 22 The City Record July 25, 2001

Ord. No. 1381-01. ment, this ordinance shall be determined to make the public By Councilmen Cintron, Jackson, repealed and shall be of no further improvement of repairing and con- Cimperman and Patmon (by depart- force or effect. structing sidewalks, driveway mental request). Section 4. That the consideration aprons, curbing, curb ramps, medi- An emergency ordinance authoriz- for the subject parcel shall be estab- an strips, intersections, bridge ap- ing the sale of real property as part lished by the Board of Control and proaches, utility box and casting of the Land Reutilization Program shall be not less than Fair Market adjustments, furnishing and in- and located at 3811 Bailey Avenue Value taking into account such stalling pavers and constructing to Ohio City Near West Development terms and conditions, restrictions tree pits with trees and appurte- Corporation. and covenants as are deemed nec- nances in areas of the City of Cleve- Whereas, the City of Cleveland essary or appropriate. land, by one or more public has elected to adopt and implement Section 5. That the conveyance improvement by requirement c o n- the procedures under Chapter 5722 authorized hereby shall be made by tracts duly let to the lowest respon- of the Ohio Revised Code to facili- official deed prepared by the Direc- sible bidder after competitive bid- tate reutilization of nonproductive tor of Law and executed by the d i n g . lands situated within the City of Mayor on behalf of the City of Section 2. That the Director of Cleveland; and Cleveland. The deed shall contain Public Service is hereby authorized Whereas, real property acquired such provisions as may be necessary to enter into a written requirement under the City’s Land Reutilization to protect and benefit the public contract, for the making of the Program is acquired, held, adminis- interest including such restrictive above public improvement in the tered and disposed of by the City of covenants and reversionary inter- approximate amount of $5,000,000.00, Cleveland through its Department of ests as may be specified by the with the lowest responsible bidder Community Development under the Board of Control, the Director of after advertising for all such work terms of Chapter 5722 of the Ohio Community Development or the estimated to be done during a two Revised Code and Section 183.021 of Director of Law. year period, upon a unit basis. In Codified Ordinances of the City of Section 6. That this ordinance is the discretion of the Board of Con- Cleveland, 1976; and hereby declared to be an emergency trol, separate requirement contracts Whereas, this ordinance consti- measure and, provided it receives may be let for specified districts tutes an emergency measure provid- the affirmative vote of two-thirds of within the City. ing for the usual daily operation of all the members elected to Council, Section 6. That the cost of the a municipal department; now, there- it shall take effect and be in force improvement hereby authorized fore, immediately upon its passage and shall be paid from Fund No. 11 SF Be it ordained by the Council of approval by the Mayor; otherwise it 401, 24 SF 025, 14 SF 026, 20 SF 364, the City of Cleveland: shall take effect and be in force 10 SF 166 and from the fund or Section 1. That pursuant to Sec- from and after the earliest period funds to which are credited the pro- tion 183.021 of the Codified Ordi- allowed by law. ceeds of the sale of general obliga- nances of Cleveland, Ohio, 1976, the Motion to suspend rules. Charter tion bonds issued for the purpose Commissioner of Purchases and Sup- and statutory provisions and place which includes the above improve- plies is hereby authorized to sell on final passage. ment, Request No. 22515. Permanent Parcel No. 007-06-067, as The rules were suspended. Yeas Section 2. That the existing title more fully described below, to Ohio 15. Nays 0. Read second time. Read and Sections 1, 2 and 6 of Ordinance City Near West Development Corpo- third time in full. Passed. Yeas 15. No. 593-2000, passed June 5, 2000, are ration. Nays 0. hereby repealed. Section 2. That the real property Section 3. That Ordinance No. 593- to be sold pursuant to this ordinance Ord. No. 1382-01. 2000, passed June 5, 2000 is hereby is more fully described as follows: By Councilmen Cintron and Pat- supplemented by adding new Sec- mon (by departmental request). tion 4a to read as follows: P. P. No. 007-06-067 An emergency ordinance to amend Section 4a. That the Director of Situated in the City of Cleveland, the title and Sections 1, 2 and 6 of Public Service is hereby authorized County of Cuyahoga and State of Ordinance No. 593-2000, passed June to make a written requirement con- Ohio, and known as being part of 5, 2000, relating to the public tract in accordance with the Charter Sublot No. 29 in J.P. Hill’s Allotment improvement of repairing and con- and the Codified Ordinances of of part of Original Brooklyn Town- structing sidewalks, driveway Cleveland, Ohio, 19876, for the re- ship Lot No. 53 as recorded in Vol- aprons, curbing, curb strips, inter- quirements for the period expiring ume 8, Page 16 of Cuyahoga Coun- sections, bridge approaches, utility on or before December 31, 2001, for ty Records and bounded and box and casting adjustments and the necessary items of tree grates to described as follows: appurtenances and authorizing the be purchased by the Commissioner Beginning in the Southerly line of Director of Public Service to enter of Purchases and Supplies upon a Bailey Avenue, S.W., 50 feet wide at into one or more requirement con- unit basis for the Department of the Northeasterly corner of said tracts for the making of said Public Service. Bids shall be taken Sublot No. 29; thence Southerly 84.00 improvement; and to supplement in such manner as to permit an feet along the Easterly line of said said ordinance by adding new Sec- award to be made for all items as Sublot No. 29 to a point; thence tion 4a. a single contract, or by separate Westerly 31 feet and 5 inches par- Whereas, this ordinance consti- contract for each for separate dis- allel with said Southerly line of Bai- tutes an emergency measure provid- tricts or projects or any combination ley Avenue, S.W., to a point; thence ing for the usual daily operation of of said items as the Board of Con- Northerly 84.00 feet parallel with a municipal department; now, there- trol shall determine. Alternate bids said Easterly line of Sublot No. 29 fore, for a period less than the specified to a point in said Southerly line of Be it ordained by the Council of term may be taken if deemed desir- Bailey Avenue, S.W., thence Easter- the City of Cleveland: able by the Commissioners of Pur- ly 31 feet 5 inches along said Section 1. That the title and Sec- chases and Supplies until provision Southerly line of Bailey Avenue, tions 1, 2 and 6 of Ordinance No. 593- is made for the requirements for the S.W., to a place of beginning accord- 2000, passed June 5, 2000, are here- entire term. ing to a survey by Robert J. Krause, by amended to read, respectively, as Section 4. That this ordinance is Registered Ohio Surveyor No. 2885, follows: hereby declared to be an emergency June 5, 1951, be the same more or An emergency ordinance deter- measure and, provided it receives less, but subject to all legal high- mining the method of making the the affirmative vote of two-thirds of ways. public improvement of repairing and all the members elected to Council, Subject to zoning ordinances, if constructing sidewalks, driveway it shall take effect and be in force any. aprons, curbing, curb strips, inter- immediately upon its passage and Section 3. That all documents sections, bridge approaches, utility approval by the Mayor; otherwise it necessary to complete the con- box and casting adjustments, fur- shall take effect and be in force veyance authorized by this ordi- nishing and installing pavers and from and after the earliest period nance shall be executed within six constructing tree pits with trees and allowed by law. (6) months of the effective date of appurtenances and authorizing the Motion to suspend rules. Charter this ordinance. If all of the docu- Director of Public Service to enter and statutory provisions and place ments are not executed within six into one or more public improvement on final passage. (6) months of the effective date of by requirement contracts for the The rules were suspended. Yeas this ordinance, or such additional making of said improvement. 15. Nays 0. Read second time. Read time as may be granted by the Section 1. That pursuant to Sec- third time in full. Passed. Yeas 15. Director of Community Develop- tion 167 of the Charter, it is hereby Nays 0. 1688 July 25, 2001 The City Record 23

Ord. No. 1383-01. Be it ordained by the Council of the availability, efficiency, and By Councilman Cintron. the City of Cleveland: economy of Hospital Facilities, as An emergency ordinance authoriz- Section 1. That notwithstanding defined in Section 140.01 of the Ohio ing and directing the Director of the provision of Section 623.13 of the Revised Code, and the services ren- Public Service to issue a permit to Codified Ordinances, of Cleveland, dered thereby; (ii) provide for coop- Mega Kids Care Center to hang 1- Ohio, 1976, the Director of the eration between the City and Metro- banner on Cleveland Public Power Department of Public Service is Health in the utilization of the utility poles (by separate permis- hereby authorized and directed to shared facilities and services to sion) identifying their neighborhood issue a permit to the Euclid/St. obtain economies in operation and location for the period of July 23, Clair Local Development Corpora- more effective health services; and 2001 to August 23, 2001 inclusive. tion to install, maintain and remove (iii) provide efficient operation of Whereas, this ordinance consti- banners at the intersection of Euclid facilities for health services of the tutes an emergency measure provid- Avenue and East 182nd Street, St. general public without discrimina- ing for the usual daily operation of Clair Avenue at Eddy Road, East tion by reason of race, creed, color a municipal department; now, there- 140th at I-90, East 131st and Shaw or national origin; and (iv) preserve fore, Avenue and Ivanhoe Road and and enhance the similar missions Be it ordained by the Council of Euclid Avenue for the period from and objectives of the City and the City of Cleveland: August 1, 2001 to September 1, 2001, MetroHealth; and Section 1. That notwithstanding the inclusive. Said banner shall be Whereas, the original term of Con- provision of Section 623.13 of the Cod- approved by the Director of Public tract No. 50407 with MetroHealth ified Ordinances of Cleveland, Ohio Service, in consultation with the expired in June, 2000; however, since 1976, the Director of Public Service is Director of Public Safety, as to type, that date, MetroHealth has contin- hereby authorized and directed to method of affixing and location so ued to operate the health centers issue a permit to Mega Kids Care as not to interfere with any sign and to provide for the medical needs Center, 3170 Scranton Road, Cleve- erected and maintained under the of the citizens of Cleveland on a land, Ohio 44109, to install, maintain requirements of law or ordinance. month-to-month basis pending reso- and remove one (1) banner to be The permission of the owner of any lution of negotiations concerning a hung on Cleveland Public Power util- pole from which a banner will be new lease; and ity poles, (by separate permission) at hung must be obtained prior to Whereas, by letter dated June 29, the following number and location at: issuance of the permit. No commer- 2001, MetroHealth received a notice Scranton Road on the 2nd pole South cial advertising shall be printed or from the Director of Public Health of Buhrer Avenue on the East side of permitted on said banner and said to vacate the health centers imme- the street, pole #AOM 37-71, for the banner shall be removed promptly diately; and period of July 23, 2001 to August 23, upon the expiration of said permit. Whereas, this Council is greatly 2001, inclusive, to identify their Section 2. That this ordinance is concerned about assuring that high neighborhood location; and which hereby declared to be an emergency quality health care services are poles location and banners shall be measure and, provided it receives accessible to all citizens of the City approved by the Director of Public the affirmative vote of two-thirds of of Cleveland regardless of their Service in consultation with the all the members elected to Council, social or economic circumstances; Director of Public Safety, as to type, it shall take effect and be in force and method of affixing and location so as immediately upon its passage and Whereas, this Council desires to not to interfere with any sign erect- approval by the Mayor; otherwise, it ensure that there is no gap in the ed and maintained under the require- shall take effect and be in force provision of health care services for ments of law or ordinance. The per- from and after the earliest period the residents of our city at the mission of the owner of any pole allowed by law. McCafferty, Miles-Broadway, and J. from which a banner will be hung Motion to suspend rules. Charter Glen Smith health centers; and must be obtained prior to issuance of and statutory provisions and place Whereas, this ordinance consti- the permit. No commercial advertis- on final passage. tutes an emergency measure for the ing shall be printed or permitted on The rules were suspended. Yeas immediate preservation of public said banner, and said banner shall be 15. Nays 0. Read second time. Read peace, property, health, and safety; removed promptly upon the expira- third time in full. Passed. Yeas 15. now, therefore, tion of said permit. Nays 0. Be it ordained by the Council of Section 2. That this ordinance is the City of Cleveland: hereby declared to be an emergency Ord. No. 1385-01. Section 1. That notwithstanding measure and, provided it receives By Councilman Gordon. any provisions of the Codified Ordi- the affirmative vote of two-thirds of An emergency ordinance au t h o r i z - nances of Cleveland, Ohio, 1976 to all the members elected to Council, ing and directing the Director of Pub- the contrary, the Director of Public it shall take effect and be in force lic Health to enter into a First Health is authorized and directed to immediately upon its passage and Amendment to City Contract No. 50407 enter into a First Amendment to approval by the Mayor; otherwise it with MetroHealth Medical Center. Contract No. 50407 with MetroHealth shall take effect and be in force Whereas, pursuant to Ordinance Medical Center extending the term from and after the earliest period No. 93-95, passed March 27, 1995, the thereof until October 31, 2001, with allowed by law. City of Cleveland, through its Direc- all other terms and conditions to Motion to suspend rules. Charter tor of Public Health, entered into a remain in effect. and statutory provisions and place Lease By Way of Concession with Section 2. That the Director of on final passage. MetroHealth Medical Center, Con- Public Health shall work to ensure The rules were suspended. Yeas tract No. 50407, for the purposes of that the residents of the City of 15. Nays 0. Read second time. Read operating outpatient health centers Cleveland have uninterrupted access third time in full. Passed. Yeas 15. known as the Thomas McCafferty to primary health care at the health Nays 0. Health Center, located at 4242 centers and that the residents of Lorain Avenue, Cleveland, Ohio, Cleveland continue to receive quali- Ord. No. 1384-01. 44113; the Miles-Broadway Health ty medical care at the McCafferty, By Councilman Coats. Center, located at 9127 Miles Miles-Broadway and J. Glen Smith An emergency ordinance authoriz- Avenue, Cleveland, Ohio, 44105; and health facilities. ing and directing the Director of the J. Glen Smith Health Center, Section 3. That this ordinance is Public Service to issue a permit to located at 11100 St. Clair Avenue, hereby declared to be an emergency the Euclid/St. Clair Local Develop- Cleveland, Ohio, 44108; and measure and, provided it receives ment Corporation to stretch banner Whereas, the City and Metro- the affirmative vote of two-thirds of at the intersection of Euclid Avenue Health began its partnership in all the members elected to Council, and East 182nd Street, St. Clair operating the health centers in 1992 it shall take effect and be in force Avenue at Eddy Road, East 140th at and Contract No. 50407 expanded the immediately upon its passage and I-90, East 131st and Shaw Avenue role and duties of MetroHealth with approval by the Mayor; otherwise it and Ivanhoe Road and Euclid respect to the health centers; and shall take effect and be in force Avenue, for the period from August Whereas, as cited in Contract No. from and after the earliest period 1, 2001 to September 1, 2001, inclu- 50407, in entering into the partner- allowed by law. sive, publicizing the Ward 10 Com- ship to operate the health centers, Motion to suspend rules. Charter munity Festival. the City and MetroHealth deter- and statutory provisions and place Whereas, this ordinance consti- mined that the affiliation would: (i) on final passage. tutes an emergency measure provid- better provide for the health and The rules were suspended. Yeas ing for the usual daily operation of welfare of the people of the State of 15. Nays 0. Read second time. Read a municipal department; now, there- Ohio, the County of Cuyahoga, and third time in full. Passed. Yeas 15. fore, the City of Cleveland, by enhancing Nays 0. 1689 24 The City Record July 25, 2001

Ord. No. 1386-01. Motion to suspend rules. Charter Revised Code and Section 183.021 of By Councilman Gordon. and statutory provisions and place Codified Ordinances of the City of An emergency ordinance authoriz- on final passage. Cleveland, 1976; and ing and directing the Director of The rules were suspended. Yeas Whereas, this ordinance consti- Public Service to issue a permit to 15. Nays 0. Read second time. Read tutes an emergency measure provid- Archwood Denison Concerned Citi- third time in full. Passed. Yeas 15. ing for the usual daily operation of zens to hang 26 banners on Pearl Nays 0. a municipal department; now, there- Rd., Denison Ave. and Fulton Rd. fore, using C.P.P. utility poles (by sepa- Ord. No. 1387-01. Be it ordained by the Council of rate permission) for the period of By Councilman Jackson. the City of Cleveland: July 31, 2001 to August 31, 2001, An emergency ordinance authoriz- Section 1. That pursuant to Sec- inclusive, publicizing the Archwood- ing certain persons to engage in tion 183.021 of the Codified Ordi- Denison Neighborhood. peddling in Ward 5. (Gregory Mont- nances of Cleveland, Ohio, 1976, the Whereas, this ordinance consti- gomery) Commissioner of Purchases and Sup- tutes an emergency measure provid- Whereas, pursuant to Section plies is hereby authorized to sell ing for the usual daily operation of 675.08 of the Codified Ordinances of Permanent Parcel No. 118-24-092 as a municipal department; now, there- Cleveland, Ohio, 1976, (the “Codified more fully described below, to Cleve- fore, Ordinances”) the consent of Council, land Housing Network or designee. Be it ordained by the Council of expressed by ordinance, is a prereq- Section 2. That the real property the City of Cleveland: uisite to mobile peddling upon the to be sold pursuant to Section 1 of Section 1. That notwithstanding public rights of way outside of the this Ordinance is more fully the provision of Section 623.13 of the Central Business District; and described as follows: Codified Ordinances of Cleveland, Whereas, this Council has consid- Ohio 1976, the Director of Public Ser- ered the requests of certain persons P. P. No. 118-24-092 vice is hereby authorized and direct- to engage in peddling outside of the Situated in the City of Cleveland, ed to issue a permit to Archwood Central Business District, and has County of Cuyahoga and State of Denison Concerned Citizens, 3881 determined that it is in the public Ohio, and known as being Sublot No. Pearl Road, Cleveland, Ohio 44109, interest to allow each of said per- 14 in Harriett C. Sterlings’ Subdivi- to install, maintain and remove sons to peddle in Ward 5; and sion of part of Original One Hun- twenty-six (26) banners to be hung Whereas, this ordinance consti- dred Acre Lot No. 336, as shown by on Cleveland Public Power utility tutes an emergency measure provid- the recorded plat in Volume 5 of poles, (by separate permission) pub- ing for the usual daily operation of Maps, Page 60 of Cuyahoga County licizing the Archwood- Denison a municipal department; now, there- Records, and being 40 feet front on Neighborhood, for the period of July fore, the Easterly side of East 73rd Street 31, 2001 to August 31, 2001, inclusive, Be it ordained by the Council of and extending back of equal width and which banners are to be hung the City of Cleveland: 143.58 feet deep on the Northerly at the following pole locations and Section 1. That this Council con- line, 143.54 feet deep on the Souther- on the following pole numbers: sents, as required by Section 675.08 ly line and 40 feet wide in the rear, Pearl Road – S.W. Corner Riverside, of the Codified Ordinances, to allow be the same more or less, but sub- #38446; 1st pole N. of Mapledale (W) each person named below to engage ject to all legal highways. #38448; Opp. NE Corner Willowdale in mobile peddling in the public Also subject to all zoning ordi- (W), #38465; In front of Shopping rights of way of Ward 5: Gregory nances, if any. Plaza (W), # No Tag; SW Corner of Montgomery. Section 3. That pursuant to Sec- Archwood (W), #38566; NW Corner Section 2. That all of the require- tion 183.021 of the Codified Ordi- of Garden (W), #38583; 1st N. of ments of Chapter 675 of the Codified nances of Cleveland, Ohio 1976, the Selzer (W), # No Tag; Opp. YMCA Ordinances shall apply to the per- Commissioner of Purchases and Sup- (W), # No Tag; Pearl Road – 1st sons named in Section 1 of this ordi- plies is hereby authorized to sell pole N. of Cemetery (E), # No Tag; nance. Permanent Parcel No. 118-24-093 as 1st pole N. of Willowdale (E), #No Section 3. That the privilege more fully described below, to Cleve- Tag; 1st pole S. of Willowdale (E), granted herein may be revoked at land Housing Network or designee. #38484; SE Corner Dobson (E), # No any time by this Council. Section 4. That the real property Tag; 1st pole S. of Garden (E), # No Section 4. That this ordinance is to be sold pursuant to this Ordi- Tag; NW Corner Garden (E) #38583; hereby declared to be an emergency nance is more fully described as fol- At YMCA (E), #VON2-82; Denison measure and, provided it receives lows: Avenue – Opp. SE Corner W. 31st the affirmative vote of two-thirds of (N), #36085; 2nd pole W. of Pearl all the members elected to Council, P. P. No. 118-24-093 (N), #36082; NW Corner Pearl (N), it shall take effect and be in force Situated in the City of Cleveland, # 36080; 2nd pole E. of Pearl (N) immediately upon its passage and County of Cuyahoga and State of #38586; SW Corner of W. 24th (S), approval by the Mayor; otherwise it Ohio, and known as being Sublot No. 38521; NW Corner W. 15th (N), # No shall take effect and be in force 15 in H.C. Sterlings’ Allotment of a Tag; 1st pole E. of W. 15th (N), # from and after the earliest period part of Original One Hundred Acre No Tag; Fulton Road – 1st pole S. allowed by law. Lot No. 336, being 40 feet front on of Freeway (W), # No Tag; 1st pole Motion to suspend rules. Charter the East side of East 73rd Street N. of Archwood (E), #33336; NE Cor- and statutory provisions and place (formerly known as Brenton Street) ner Denison (E), # No Tag; 1st pole on final passage. 143 feet and 6 1/2 inches deep on S. of Denison (E), # No Tag; and The rules were suspended. Yeas the North line, and 143 feet 6 1/8 which poles location and banners 15. Nays 0. Read second time. Read inches on the Southerly line as per shall be approved by the Director of third time in full. Passed. Yeas 15. plat of said Allotment recorded in Public Service in consultation with Nays 0. Volume 5 of Maps, Page 60 of Cuya- the Director of Public Safety, as to hoga County Record, be the same type, method of affixing and loca- Ord. No. 1388-01. more or less, but subject to all legal tion so as not to interfere with any By Councilmen Jackson, Cimper- highways. sign erected and maintained under man and Patmon (by departmental Also subject to all zoning ordi- the requirements of law or ordi- request). nances, if any. nance. The permission of the owner An emergency ordinance authoriz- Section 5. That pursuant to Sec- of any pole from which a banner ing the sale of real property as part tion 183.021 of the Codified Ordi- will be hung must be obtained prior of the Land Reutilization Program nances of Cleveland, Ohio 1976, the to issuance of the permit. No com- and located on East 73rd Street to Commissioner of Purchases and Sup- mercial advertising shall be printed Cleveland Housing Network or plies is hereby authorized to sell or permitted on said banner, and designee. Permanent Parcel No. 118-24-098 as said banner shall be removed Whereas, the City of Cleveland more fully described below, to Cleve- promptly upon the expiration of said adopted and implemented proce- land housing Network or designee. permit. dures under Chapter 5722 of the Section 6. That the real property Section 2. That this ordinance is Ohio Revised Code to facilitate to be sold pursuant to this Ordi- hereby declared to be an emergency reutilization of nonproductive lands nance is more fully described as fol- measure and, provided it receives situated within the City of Cleve- lows: the affirmative vote of two-thirds of land; and all the members elected to Council, Whereas, real property acquired P. P. No. 118-24-098 it shall take effect and be in force under the City’s Land Reutilization Situated in the City of Cleveland, immediately upon its passage and Program is acquired, held, adminis- County of Cuyahoga and State of approval by the Mayor; otherwise it tered and disposed of by the City of Ohio, and further known as Sublot shall take effect and be in force Cleveland through its Department of No. 20 in H.C. Sterling’s Subdivision from and after the earliest period Community Development under the of a part of Original One Hundred allowed by law. terms of Chapter 5722 of the Ohio Acre Lot No. 336, as shown by the 1690 July 25, 2001 The City Record 25 recorded plat of said Subdivision in 336 as shown by the recorded plat being 40 feet front on the Easterly Volume 5 of Maps, Page 60 of Cuya- in Volume 5 of Maps, Page 60 of side of East 73rd Street (formerly hoga County Records and being 40 Cuyahoga County Records, and Brenton Street, and extending back feet front on the Easterly line of being 40 feet front on the Westerly 143 feet and 8 1/8 inches deep on East 73rd Street and extending back side of East 73rd Street, and extend- the Southerly line, 143 feet and 8 1/2 of equal width, 143.37 feet deep on ing back of equal width 132 feet inches deep on the Northerly line, the Northerly line and 143.34 feet deep, be the same more or less, but and being 40 feet wide in the rear, deep on the Southerly line, be the subject to all legal highways. as appears by said plat, be the same same more or less, but subject to all Also subject to all zoning ordi- more or less, but subject to all legal legal highways. nances, if any. highways. Also subject to all zoning ordi- Section 13. That, pursuant to Sec- Subject to zoning ordinances, if nances, if any. tion. 183.021 of the Codified Ordi- any. Section 7. That pursuant to Sec- nances of Cleveland, Ohio 1976, the Section 19. That all documents tion 183.021 of the Codified Ordi- Commissioner of Purchases and Sup- necessary to complete the con- nances of Cleveland, Ohio 1976, the plies is hereby authorized to sell veyance authorized by this ordi- Commissioner of Purchases and Sup- Permanent Parcel No. 118-25-012 as nance shall be executed within six plies is hereby authorized to sell more fully described below, to (6) months of the effective date of Permanent Parcel No. 118-24-111 as Cleveland Housing Network or this ordinance. If all of the docu- more fully described, to Cleveland designee. ments are not executed within six Housing Network or designee. Section 14. That the real property (6) months of the effective date of Section 8. That the real property to be sold pursuant to this Ordi- this ordinance, or such additional to be sold pursuant to this Ordi- nance is more fully described as fol- time as may be granted by the nance is more fully described as fol- lows: Director of Community Develop- lows: ment, this ordinance shall be P. P. No. 118-25-012 repealed and shall be of no further P. P. No. 118-24-111 Situated in the City of Cleveland, force or effect. Situated in the City of Cleveland, County of Cuyahoga and State of Section 20. That the consideration County of Cuyahoga and State of Ohio, and known as being Sublot No. for the subject parcel shall be estab- Ohio, and known as being Sublot No. 80 in Harriet C. Sterling’s Cottage lished by the Board of Control and 108 in Harriet C. Sterling’s Subdivi- Neighborhood Allotment of part of shall be not less than Fair Market sion of a part of Original One Hun- Original One Hundred Acre Lot No. Value taking into account such dred Acre Lot No. 336, as shown by 336, as shown by the recorded plat terms and conditions, restrictions the recorded plat in Volume 5 of of said Allotment in Volume 5 of and covenants as are deemed nec- Maps, Page 60 of Cuyahoga County Maps, Page 60 of Cuyahoga County essary or appropriate. Records and being 40.67 feet front Records. Said Sublot No. 80 has a Section 21. That the conveyance on the Westerly side of East 73rd frontage of 39 feet, 8 1/2 inches on authorized hereby shall be made by Street, 132 feet deep on the Norther- the Westerly side of East 73rd official deed prepared by the Direc- ly line, about 133 feet deep on the Street, and extends back 126 feet, 4 tor of Law and executed by the irregular South line, which is also inches on the Northerly line, 132 feet Mayor on behalf of the City of the Northerly line of East 72nd on the Southerly line, and has a bro- Cleveland. The deed shall contain Place and being 37.12 feet wide in ken rear line of 43 feet, 4 inches, as such provisions as may be necessary the rear, be the same more or less, appears by said plat, be the same to protect and benefit the public but subject to all legal highways. more or less, but subject to all legal interest including such restrictive Also subject to all zoning ordi- highways. covenants and reversionary inter- nances, if any. Also subject to all zoning ordi- ests as may be specified by the Section 9. That pursuant to Sec- nances, if any. Board of Control, the Director of tion 183.021 of the Codified Ordi- Section 15. That pursuant to Sec- Community Development or the nances of Cleveland, Ohio 1976, the tion 183.021 of the Codified Ordi- Director of Law. Commissioner of Purchases and Sup- nances of Cleveland, Ohio 1976, the Section 22. That this ordinance is plies is hereby authorized to sell Commissioner of Purchases and Sup- hereby declared to be an emergency Permanent Parcel No. 118-24-113 as plies is hereby authorized to sell measure and, provided it receives more fully described below, to Cleve- Permanent Parcel No. 118-25-021 as the affirmative vote of two-thirds of land Housing Network or designee. more fully described below, to Cleve- all the members elected to Council, Section 10. That the real property land Housing Network or designee. it shall take effect and be in force to be sold pursuant to this Ordi- Section 16. That the real property immediately upon its passage and nance is more fully described as fol- to be sold pursuant to this Ordi- approval by the Mayor; otherwise it lows: nance is more fully described as fol- shall take effect and be in force lows: from and after the earliest period P. P. No. 118-24-113 allowed by law. Situated in the City of Cleveland, P. P. No. 118-25-021 Motion to suspend rules. Charter County of Cuyahoga and State of Situated in the City of Cleveland, and statutory provisions and place Ohio, and known as being Sublot No. County of Cuyahoga and State of on final passage. 106 in Harriette C. Sterling’s Allot- Ohio, and known as being Sublot No. The rules were suspended. Yeas ment of part of Original One Hun- 12 in H.C. Sterling’s Allotment of 15. Nays 0. Read second time. Read dred Acre Lot No. 336, as shown by part of Original One Hundred Acre third time in full. Passed. Yeas 15. the recorded plat in Volume 5 of Lot No. 336 as shown by the record- Nays 0. Maps, Page 60 of Cuyahoga County ed plat in Volume 5 of Maps, Page Records and being 40 feet front on 60 of Cuyahoga County Records and Ord. No. 1389-01. the Westerly side of East 73rd being 40 feet front on the Easterly By Councilmen Jackson, Cimper- Street (formerly Brenton Street) and side of East 73rd Street, as appears man and Patmon (by departmental extending back of equal width 132 by said plat, be the same more or request). feet, as appears by said plat, be the less, but subject to all legal high- An emergency ordinance authoriz- same more or less, but subject to all ways. ing the sale of real property as part legal highways. Section 17. That pursuant to Sec- of the Land Reutilization Program Also subject to all zoning ordi- tion 183.021 of the Codified Ordi- and located on Preble Avenue to nances, if any. nances of Cleveland, Ohio 1976, the KINBESS, LLC. Section 11. That pursuant to Sec- Commissioner of Purchases and Sup- Whereas, the City of Cleveland tion 183.021 of the Codified Ordi- plies is hereby authorized to sell adopted and implemented proce- nances of Cleveland, Ohio 1976, the Permanent Parcel No. 118-25-023 as dures under Chapter 5722 of the Commissioner of Purchases and Sup- more fully described below, to Cleve- Ohio Revised Code to facilitate plies is hereby authorized to sell land Housing Network or designee. reutilization of nonproductive lands Permanent Parcel No. 118-24-120 as Section 18. That the real property situated within the City of Cleve- more fully described below, to Cleve- to be sold pursuant to this Ordi- land; and land Housing Network or designee. nance is more fully described as fol- Whereas, real property acquired Section 12. That the real property lows: under the City’s Land Reutilization to be sold pursuant to this Ordi- Program is acquired, held, adminis- nance is more fully described as fol- P. P. No. 118-23-023 tered and disposed of by the City of lows: Situated in the City of Cleveland, Cleveland through its Department of County of Cuyahoga and State of Community Development under the P. P. No. 118-24-120 Ohio, and known as being Sublot No. terms of Chapter 5722 of the Ohio Situated in the City of Cleveland, 10 ion H.C. Sterling’s Allotment of Revised Code and Section 183.021 of County of Cuyahoga and State of part of Original One Hundred Acre Codified Ordinances of the City of Ohio, and known as being Sublot No. Lot No. 336, as shown by the record- Cleveland, 1976; and 99 in H.C. Sterling’s Allotment of ed plat in Volume 5 of Maps, Page Whereas, this ordinance consti- Original One Hundred Acre Lot No. 60 of Cuyahoga County Records, and tutes an emergency measure provid- 1691 26 The City Record July 25, 2001 ing for the usual daily operation of extending back between parallel Section 13. That the conveyance a municipal department; now, there- lines 120 feet deep and has a rear authorized hereby shall be made by fore, line of 40 feet, as appears by said official deed prepared by the Direc- Be it ordained by the Council of plat, be the same more or less, but tor of Law and executed by the the City of Cleveland: subject to all legal highways. Mayor on behalf of the City of Section 1. That pursuant to Sec- Also subject to all zoning ordi- Cleveland. The deed shall contain tion 183.021 of the Codified Ordi- nances, if any. such provisions as may be necessary nances of Cleveland, Ohio, 1976, the Section 7. That pursuant to Sec- to protect and benefit the public Commissioner of Purchases and Sup- tion 183.C21 of the Codified Ordi- interest including such restrictive plies is hereby authorized to sell nances of Cleveland, Ohio 1976, the covenants and reversionary inter- Permanent Parcel No. 127-01-036 as Commissioner of Purchases and Sup- ests as may be specified by the more fully described below, to plies is hereby authorized to sell Board of Control, the Director of KINBESS, LLC. Permanent Parcel No. 127-07-003 as Community Development or the Section 2. That the real property more fully described, to KINBESS, Director of Law. to be sold pursuant to Section 1 of LLC. Section 14. That this ordinance is this Ordinance is more fully Section 8. That the real property hereby declared to be an emergency described as follows: to be sold pursuant to this Ordi- measure and, provided it receives nance is more fully described as fol- the affirmative vote of two-thirds of P. P. No. 127-01-036 lows: all the members elected to Council, Situated in the City of Cleveland, it shall take effect and be in force County of Cuyahoga and State of P. P. No. 127-07-003 immediately upon its passage and Ohio, and known as being the East- Situated in the City of Cleveland, approval by the Mayor; otherwise it erly 36 feet of Sublot Nos. 114, 115 County of Cuyahoga and State of shall take effect and be in force and 116 in Charles Leavitt’s Subdi- Ohio, and known as being Sublot No. from and after the earliest period vision of part of Original One Hun- 110 in C.C. Balwin’s Re-Allotment of allowed by law. dred Acre Lot No. 431, as shown by A.C. Armstrong’s Subdivision of part Motion to suspend rules. Charter the recorded plat in Volume 5 of of Original One Hundred Acre Lot and statutory provisions and place Maps, Page 62 of Cuyahoga County No. 431, as shown by the recorded on final passage. Records, and together forming a plat of said Re-Allotment in Volume The rules were suspended. Yeas parcel of land having a frontage of 14 of Maps, Page 20 of Cuyahoga 15. Nays 0. Read second time. Read 36 feet on the Northerly side of Pre- County Records, and being 40 feet third time in full. Passed. Yeas 15. ble Avenue, S.E., (formerly Pine front on the Northeasterly side of Nays 0. Street), and extending back of equal Preble Avenue, S.E., and extending width 95 feet, as appears by said back between parallel lines 120 feet Ord. No. 1390-01. plat, be the same more or less, but deep, as appears by said plat, be the By Councilmen Jackson, Cimper- subject to all legal highways. Ease- same more or less, but subject to all man and Patmon (by departmental ment recorded in Volume 5680, Page legal highways. request). 662 of Cuyahoga County Records. Also subject to all zoning ordi- An emergency ordinance authoriz- Subject to zoning ordinances, if nances, if any. ing the sale of real property as part any. Section 9. That pursuant to Sec- of the Land Reutilization Program Section 3. That pursuant to Sec- tion 183.021 of the Codified Ordi- and located at 2331 East 59th Street tion 183.021 of the Codified Ordi- nances of Cleveland, Ohio 1976, the to Greater Cleveland Habitat for nances of Cleveland, Ohio 1976, the Commissioner of Purchases and Sup- Humanity, Inc. Commissioner of Purchases and Sup- plies is hereby authorized to sell Whereas, the City of Cleveland plies is hereby authorized to sell Permanent Parcel No. 127-07-013 as has elected to adopt and implement Permanent Parcel No. 127-07-001 as more fully described below, to the procedures under Chapter 5722 more fully described below, to KINBESS, LLC. of the Ohio Revised Code to facili- KINBESS, LLC. tate reutilization of nonproductive Section 10. That the real property Section 4. That the real property lands situated within the City of to be sold pursuant to this Ordi- to be sold pursuant to this Ordi- Cleveland; and nance is more fully described as fol- nance is more fully described as fol- Whereas, real property acquired lows: lows: under the City’s Land Reutilization Program is acquired, held, adminis- P. P. No. 127-07-001 P. P. No. 127-07-013 tered and disposed of by the City of Situated in the City of Cleveland, Situated in the City of Cleveland, Cleveland through its Department of County of Cuyahoga and State of County of Cuyahoga and State of Community Development under the Ohio, and known as being Sublot No. Ohio, and known as being Sublot No. terms of Chapter 5722 of the Ohio 112 in C.C. Balwin’s Re-Allotment of 1 in C.C. Baldwin’s Re-Allotment of Revised Code and Section 183.021 of part of Original One Hundred Acre A.C. Armstrong’s Allotment of a part Codified Ordinances of the City of Lot No. 431, as shown by the record- of Original One Hundred Acre Lot Cleveland, 1976; and ed plat in Volume 14 of Maps, Page No. 431, as shown by the recorded Whereas, this ordinance consti- 20 of Cuyahoga County Records and plat in Volume 14 of Maps, Page 20 tutes an emergency measure provid- being 46.38 feet front on the Norther- of Cuyahoga County Records and ing for the usual daily operation of ly side of Preble Avenue, S.E., and being 41.84 feet front on the Souther- a municipal department; now, there- extending back of equal width 120 ly side of Preble Avenue, S.E., and fore, feet, and 46.65 feet in the rear, as extending back 130 feet deep on the Be it ordained by the Council of appears by said plat, be the same Westerly line, 117.67 feet deep on the City of Cleveland: more or less, but subject to all legal the Easterly line, and 40 feet wide Section 1. That pursuant to Sec- highways. in the rear, as appears by said plat, tion 183.021 of the Codified Ordi- Subject to zoning ordinances, if be the same more or less, but sub- nances of Cleveland, Ohio, 1976, the any. ject to all legal highways. Commissioner of Purchases and Sup- Section 5. That pursuant to Sec- Also subject to all zoning ordi- plies is hereby authorized to sell tion 183.021 of the Codified Ordi- nances, if any. Permanent Parcel No. 118-29-064, as nances of Cleveland, Ohio 1976, the Section 11. That all documents more fully described below, to Commissioner of Purchases and Sup- necessary to complete the con- Greater Cleveland Habitat for plies is hereby authorized to sell veyance authorized by this ordi- Humanity, Inc. Permanent Parcel No. 127-07-002 as nance shall be executed within six Section 2. That the real property more fully described below, to (6) months of the effective date of to be sold pursuant to this ordinance KINBESS, LLC. this ordinance. If all of the docu- is more fully described as follows: Section 6. That the real property ments are not executed within six to be sold pursuant to this Ordi- (6) months of the effective date of P. P. No. 118-29-064 nance is more fully described as fol- this ordinance, or such additional Situated in the City of Cleveland, lows: time as may be granted by the County of Cuyahoga and State of Director of Community Develop- Ohio, and known as being Sublot No. P. P. No. 127-07-002 ment, this ordinance shall be 45 in W.S. and M.W. Chamberlain’s Situated in the City of Cleveland, repealed and shall be of no further Allotment of part of Original One County of Cuyahoga and State of force or effect. Hundred Acre Lot Nos. 334 and 335, Ohio, and known as being Sublot No. Section 12. That the consideration as shown by the recorded plat in 111 in C.C. Balwin’s Re-Allotment of for the subject parcel shall be estab- Volume 3 of Maps, Page 28 of Cuya- part of Original One Hundred Acre lished by the Board of Control and hoga County Records, and being 40 Lot No. 431, as shown by the record- shall be not less than Fair Market feet front on the Easterly side of ed plat in Volume 14 of Maps, Page Value taking into account such East 59th Street, extending back of 20 of Cuyahoga County Records, and terms and conditions, restrictions equal width, 160 feet deep, be the being 40 feet front on the Northerly and covenants as are deemed nec- same more or less, but subject to all side of Preble Avenue, S.E., and essary or appropriate. legal highways. 1692 July 25, 2001 The City Record 27

Also subject to all zoning ordi- 39; On Buckeye Rd. – the 1st pole Motion to suspend rules. Charter nances, if any. E. of RTA driveway (S), Pole #C18- and statutory provisions and place Section 3. That all documents nec- 40; and which poles location and on final passage. essary to complete the conveyance banner shall be approved by the The rules were suspended. Yeas authorized by this ordinance shall Director of Public Service in con- 15. Nays 0. Read second time. Read be executed within six (6) months sultation with the Director of Pub- third time in full. Passed. Yeas 15. of the effective date of this ordi- lic Safety, as to type, method of Nays 0. nance. If all of the documents are affixing and location so as not to not executed within six (6) months interfere with any sign erected and Ord. No. 1393-01. of the effective date of this ordi- maintained under the requirements By Councilmen Melena, Jackson, nance, or such additional time as of law or ordinance. The permission Cimperman and Patmon (by depart- may be granted by the Director of of the owner of any pole from mental request). Community Development, this ordi- which a banner will be hung must An emergency ordinance authoriz- nance shall be repealed and shall be be obtained prior to issuance of the ing the sale of real property as part of no further force or effect. permit. No commercial advertising of the Land Reutilization Program Section 4. That the consideration shall be printed or permitted on and located on Bridge Avenue to for the subject parcel shall be estab- said banners, and said banners Bridge Housing Corporation. lished by the Board of Control and shall be removed promptly upon the Whereas, the City of Cleveland shall be not less than Fair Market expiration of said permit. has elected to adopt and implement Value taking into account such Section 2. That this ordinance is terms and conditions, restrictions hereby declared to be an emergency the procedures under Chapter 5722 and covenants as are deemed nec- measure and, provided it receives of the Ohio Revised Code to facili- essary or appropriate. the affirmative vote of two-thirds of tate reutilization of nonproductive Section 5. That the conveyance all the members elected to Council, lands situated within the City of authorized hereby shall be made by it shall take effect and be in force Cleveland; and official deed prepared by the Direc- immediately upon its passage and Whereas, real property acquired tor of Law and executed by the approval by the Mayor; otherwise it under the City’s Land Reutilization Mayor on behalf of the City of shall take effect and be in force Program is acquired, held, adminis- Cleveland. The deed shall contain from and after the earliest period tered and disposed by the City of such provisions as may be necessary allowed by law. Cleveland through its Department of to protect and benefit the public Motion to suspend rules. Charter Community Development under the interest including such restrictive and statutory provisions and place terms of Chapter 5722 of the Ohio covenants and reversionary inter- on final passage. Revised Code and Section 183.021 of ests as may be specified by the The rules were suspended. Yeas Codified Ordinances of the City of Board of Control, the Director of 15. Nays 0. Read second time. Read Cleveland, 1976; and Community Development or the third time in full. Passed. Yeas 15. Whereas, this ordinance consti- Director of Law. Nays 0. tutes an emergency measure provid- Section 6. That this ordinance is ing for the usual daily operation of hereby declared to be an emergency Ord. No. 1392-01. a municipal department; now, there- measure and, provided it receives By Councilman Jones. fore the affirmative vote of two-thirds of An emergency ordinance amend- Be it ordained by the Council of all the members elected to Council, ing the title and Sections 1 and 2 of the City of Cleveland: it shall take effect and be in force Ordinance No. 286-2000, passed Feb- Section 1. That pursuant to Sec- immediately upon its passage and ruary 28, 2000, relating to property tion 183.021 of the Codified Ordi- approval by the Mayor; otherwise it maintenance for senior and disabled nances of Cleveland, Ohio 1976, the shall take effect and be in force residents through use of Ward 1 Commissioner of Purchases and Sup- from and after the earliest period Neighborhood Equity Funds. plies is hereby authorized to sell allowed by law. Whereas, this ordinance consti- Permanent Parcel No(s). 002-32-139, Motion to suspend rules. Charter tutes an emergency measure provid- 002-32-140 and 002-32-141, as more and statutory provisions and place ing for the usual daily operation of fully described below, to Bridge on final passage. a municipal department; now, there- Housing Corporation. The rules were suspended. Yeas fore Section 2. That the real property 15. Nays 0. Read second time. Read Be it ordained by the Council of to be sold pursuant to this ordinance third time in full. Passed. Yeas 15. the City of Cleveland: is more fully described as follows: Nays 0. Section 1. That the title and Sec- tions 1 and 2 of Ordinance No. 286- Ord. No. 1391-01. 2000, passed February 28, 2000, are P. P. No. 002-32-139 By Councilman Johnson. hereby amended to read respective- Situated in the City of Cleveland, County of Cuyahoga and State of An emergency ordinance authoriz- ly as follows: ing and directing the Director of An emergency ordinance authoriz- Ohio as the Westerly 50 feet of Public Service to issue a permit to ing the Director of Aging to enter Sublot Nos. 71 and 72, and the West- East End Neighborhood House to into an agreement with Amistad erly 50 feet of the Southerly 7 feet stretch 1-banner on Buckeye Rd., Development Corporation for prop- of Sublot No. 73, N.M. Standart Sub- using Cleveland Public Power utili- erty maintenance services for low- division, Plat Book 1, Page 22, Cuya- ty poles (by separate permission) income and senior citizens or dis- hoga County Records, be the same for the period of July 17, 2001 to abled residents through the use of more or less, but subject to all legal August 18, 2001, inclusive, to publi- Ward 1 Neighborhood Equity Funds. highways. cize a community festival. Section 1. That the Director of Also subject to all zoning ordi- Whereas, this ordinance consti- Aging is authorized to enter into an nances, if any. tutes an emergency measure provid- agreement with Amistad Develop- ing for the usual daily operation of ment Corporation for property main- P. P. No. 002-32-140 a municipal department; now, there- tenance services for low-income and Situated in the City of Cleveland, fore, senior citizens or disabled residents County of Cuyahoga and State of Be it ordained by the Council of through the use of Ward 1 Neigh- Ohio as parts of Sublot Nos. 71 and the City of Cleveland: borhood Equity Funds. 72, N.M. Standart Subdivision, Plat Section 1. That notwithstanding Section 2. That the costs of said Book 1, Pages 22, Cuyahoga County the provision of Section 623.13 of the contract shall be in an amount not Records, beginning in the Northerly Codified Ordinances of Cleveland, to exceed One Hundred Thousand side of Bridge Avenue (66 feet Ohio 1976, the Director of Public Dollars ($100,000.00) and shall be wide) 32.5 feet Westerly from the Service is hereby authorized and paid from Fund No. 10 SF 166. Southeasterly corner of Sublot No. directed to issue a permit to East Section 2. That the title and Sec- 71; thence Northerly parallel with End Neighborhood House, 2749 tions 1 and 2 of Ordinance No. 286- the Easterly line of Sublot Nos. 71 Woodhill Road, Cleveland, Ohio 2000, passed February 28, 2000, are and 72, 80 feet to the Northerly line 44104, to install, maintain and hereby repealed. of Sublot No. 72; thence Easterly in remove one (1) banner to be Section 3. That this ordinance is said Northerly line 32.58 feet; thence stretched on Cleveland Public hereby declared to be an emergency Southerly 80 feet to a point in the Power utility poles, (by separate measure and, provided it receives Northerly side of Bridge Avenue permission) to publicize a commu- the affirmative vote of two-thirds of 64.46 feet from the Southwesterly nity festival for the period of July all the members elected to Council, corner of Sublot No. 71; thence West- 17, 2001 to August 18, 2001, inclu- it shall take effect and be in force erly in said Northerly side line 32.5 sive, and which banner is to be immediately upon its passage and feet to the beginning, be the same stretched at the following pole loca- approval by the Mayor; otherwise it more or less, but subject to all legal tions and on the following pole shall take effect and be in force highways. numbers: On Buckeye Rd. – the 4th from and after the earliest period Also subject to all zoning ordi- Pole E. of Ambler (N), Pole #C17- allowed by law. nances, if any. 1693 28 The City Record July 25, 2001

P. P. No. 002-32-141 applicant sponsor shall meet all the approval by the Mayor; otherwise it Situated in the City, of Cleveland, requirements of Section 411.05 of the shall take effect and be in force County of Cuyahoga and State of Codified Ordinances of Cleveland, from and after the earliest period Ohio as the Easterly 32.5 feet of Ohio, 1976. Streets may be closed as allowed by law. Sublot Nos. 71 and 72, N.M. Standart determined by the Chief of Police Motion to suspend rules. Charter Subdivision, Plat Book 1, Page 22, and safety forces as may be neces- and statutory provisions and place Cuyahoga County Records. sary in order to protect the partici- on final passage. Also subject to all zoning ordi- pants in the event. Said permit shall The rules were suspended. Yeas nances, if any further provide that the City of 15. Nays 0. Read second time. Read Section 3. That all documents nec- Cleveland shall be fully indemnified third time in full. Passed. Yeas 15. essary to complete the conveyance from any and all liability resulting Nays 0. authorized by this ordinance shall from the issuance of the same, to be executed within six (6) months the extent and in form satisfactory Ord. No. 1396-01. of the effective date of this ordi- to the Director of Law. By Councilman Patmon. nance. If all of the documents are Section 2. That this ordinance is An emergency ordinance authoriz- not executed within six (6) months hereby declared to be an emergency ing and directing the Director of of the effective date of this ordi- measure and, provided it receives Public Service to issue a permit to nance, or such additional time as the affirmative vote of two-thirds of Cleveland Church of Christ to hang may be granted by the Director of all the members elected to Council, seven (7) banners on the east side Community Development, this ordi- it shall take effect and be in force of East 105th Street on Cleveland nance shall be repealed and shall be immediately upon its passage and Public Power utility poles (by sep- of no further force or effect. approval by the Mayor; otherwise, it arate permission) for the period of Section 4. That the consideration shall take effect and be in force August 1, 2001 to August 31, 2001, for the subject parcel shall be estab- from and after the earliest period inclusive, to publicize their special lished by the Board of Control and allowed by law. event. shall be not less than Fair Market Motion to suspend rules. Charter Whereas, this ordinance consti- Value taking into account such and statutory provisions and place tutes an emergency measure provid- terms and conditions, restrictions on final passage. ing for the usual daily operation of and covenants as are deemed nec- The rules were suspended. Yeas a municipal department; now, there- essary or appropriate. 15. Nays 0. Read second time. Read fore, Section 5. That the conveyance third time in full. Passed. Yeas 15. Be it ordained by the Council of authorized hereby shall be made by Nays 0. the City of Cleveland: official deed prepared by the Direc- Section 1. That notwithstanding tor of Law and executed by the Ord. No. 1395-01. the provision of Section 623.13 of the Mayor on behalf of the City of Cleve- By Councilman O’Malley. Codified Ordinances of Cleveland, land. The deed shall contain such An emergency ordinance deter- Ohio 1976, the Director of Public Ser- provisions as may be necessary to mining the method of making the vice is hereby authorized and direct- protect and benefit the public inter- public improvement of tennis court ed to issue a permit to Cleveland est including such restrictive site improvements at Archmere Church of Christ, 1055 East 105th covenants and reversionary interests Park for a complete rehabilitation Street, Cleveland, Ohio 44108, to as may be specified by the Board of of said courts, and authorizing and install, maintain and remove seven Control, the Director of Community directing the Director of Parks, (7) banners to be hung on Cleveland Development or the Director of Law. Recreation and Properties to enter Public Power utility poles, (by sep- Section 6. That this ordinance is into contract for the making of such arate permission) publicizing their hereby declared to be an emergency improvement. special event, for the period of measure and, provided it receives Whereas, this ordinance consti- August 1, 2001 to August 31, 2001, the affirmative vote of two-thirds of tutes an emergency measure provid- inclusive, publicizing their special all the members elected to Council, ing for the usual daily operation of event, and which banners are to be it shall take effect and be in force a municipal department; now, there- hung at the following pole locations immediately upon its passage and fore and on the following pole numbers: approval by the Mayor; otherwise it Be it ordained by the Council of On the East Side of East 105th shall take effect and be in force the City of Cleveland: Street, (on all wooden utility poles) from and after the earliest period Section 1. That, pursuant to Sec- at 1055 E. 105th St., Pole #NE2-30-17; allowed by law. tion 167 of the Charter of the City 1055 E. 105th St., Pole #NE2-30-18; Motion to suspend rules. Charter of Cleveland, it is hereby determined 1st pole North of Massie Ave., Pole and statutory provisions and place to make the public improvement of #NE2-30-19; 1st Pole South of Morri- on final passage. tennis court site improvements, for a son Ave., Pole #NE2-30-20; 1st Pole The rules were suspended. Yeas complete rehabilitation of said North of Morrison Ave., Pole #NE2- 15. Nays 0. Read second time. Read courts, located at Archmere Park in 30-21; 1st Pole South of Pasadena third time in full. Passed. Yeas 15. Ward 15 of the City of Cleveland, for Ave., Pole #NE2-30-16; 1st Pole North Nays 0. the Department of Parks, Recreation of Drexel Ave., Pole #NE2-30-15; and and Properties, by contract duly let which poles location and banner Ord. No. 1394-01. to the lowest responsible bidder shall be approved by the Director of By Councilmen Melena and West- after competitive bidding upon a Public Service in consultation with brook. unit basis for the improvement. the Director of Public Safety, as to An emergency ordinance consent- Section 2. That the Director of type, method of affixing and loca- ing and approving the issuance of a Parks, Recreation and Properties is tion so as not to interfere with any permit for the 11th Annual Dr. John hereby authorized and directed to sign erected and maintained under Carey Memorial AIDS Walk on Sep- enter into a contract for the making the requirements of law or ordi- tember 23, 2001, sponsored by Kropf of the above public improvement nance. The permission of the owner Public Relations, Inc. with the lowest responsible bidder of any pole from which banners will Whereas, this ordinance consti- after competitive bidding on a per be hung must be obtained prior to tutes an emergency measure provid- unit basis for the improvement, pro- issuance of the permit. No commer- ing for the usual daily operation of vided, however, that each separate cial advertising shall be printed or a municipal department; now, there- trade and distinct component part of permitted on said banners, and said fore, said contract may be treated as a sep- banners shall be removed promptly Be it ordained by the Council of arate improvement and each or every upon the expiration of said permit. the City of Cleveland: combination of such trades or com- Section 2. That this ordinance is Section 1. That pursuant to Sec- ponents may be the subject of a sep- hereby declared to be an emergency tion 411.06 of the Codified Ordi- arate contract upon a per unit basis. measure and, provided it receives nances of Cleveland, Ohio 1976, this Section 3. That an amount not to the affirmative vote of two-thirds of Council consents to and approves exceed Eighty Five Thousand Dol- all the members elected to Council, the holding of the 11th Annual Dr. lars ($85,000) for said improvement it shall take effect and be in force John Carey Memorial AIDS Walk, hereby authorized shall be paid immediately upon its passage and sponsored by Kropf Public Rela- from funds identified by the Direc- approval by the Mayor; otherwise it tions, Inc., on September 23, 2001, tor of Finance or such bond funds shall take effect and be in force with the Walk Route beginning at as will be or may have been issued from and after the earliest period Edgewater Park. The route will for such improvements. allowed by law. take walkers west on Edgewater Section 4. That this ordinance is Motion to suspend rules. Charter Drive to West 117th Street. Walkers hereby declared to be an emergency and statutory provisions and place will then head south on West 117th measure and, provided it receives on final passage. Street to Clifton. Walkers will then the affirmative vote of two-thirds of The rules were suspended. Yeas head east on Clifton to West Blvd. all the members elected to Council, 15. Nays 0. Read second time. Read and north on West Blvd. back to it shall take effect and be in force third time in full. Passed. Yeas 15. Edgewater Park, provided that the immediately upon its passage and Nays 0. 1694 July 25, 2001 The City Record 29

Ord. No. 1397-01. The rules were suspended. Yeas easterly along the center line of the By Councilman Patmon. 15. Nays 0. Read second time. Read main line tracks of the CSX Rail- An emergency ordinance authoriz- third time in full. Passed. Yeas 15. road to its intersection with the ing the Director of Public Service to Nays 0. center line of Addison Road, N.E.; issue a permit to Mr. Larry Lump- thence southerly along the center kin, to hang 10 banners on E. 105th Ord. No. 1398-01. line of Addison Road, N.E. to its St. using Cleveland Public Power By Councilman Patmon (by de- intersection with the center line of utility poles (by separate permis- partmental request). St. Clair Avenue, N.E.; thence north- sion)to identify the location of the An emergency ordinance to amend easterly along the center line of St. Glenville Community’s Youth Oppor- the title of Ordinance No. 896-01, Clair Avenue, N.E. to its intersec- tunity Center. passed June 19, 2001, relating to the tion with the center line of East Whereas, this ordinance consti- transfer of funds. 67th Street; thence northerly along tutes an emergency measure provid- Whereas, this ordinance consti- the center line of East 67th Street ing for the usual daily operation of tutes an emergency measure provid- to its intersection with the center a municipal department; now, there- ing for the usual daily operation of line of Arctic Court, N.E.; thence fore, a municipal department; now, there- easterly along the center line of Be it ordained by the Council of fore, Arctic Court, N.E. to its intersection the City of Cleveland: Be it ordained by the Council of with the center line of East 69th Section 1. That the Director of the City of Cleveland: Street; thence northerly along the Public Service hereby is authorized Section 1. That the title of Ordi- center line of East 69th Street to its to issue a permit, revocable at the nance No. 896-01, passed June 19, intersection with the center line of will of the Council, and assignable 2001, is hereby amended to read as Arctic Court, N.E. (now vacated); by the Permittee with the written follows: thence easterly along the center consent of the Director of Public An emergency ordinance to trans- line of Arctic Court, N.E. (now Service to Mr. Larry Lumpkin on fer the sum of one million fifty thou- vacated) to its intersection with the behalf of the Glenville Community’s sand dollars ($1,050,000) from Other center line of East 69th Place; Youth Opportunity Center at 540 Funds within the General Fund to thence northerly along the center East 105th Street, Cleveland, Ohio various divisions of the Department line of East 69th Place to its inter- 44108, its successors and assigns, to of Community Development and the section with the center line of hang ten (10) banners using Cleve- Department of Public Health. Machinery Avenue, N.E.; thence land Public Power utility poles (by Section 2. That the existing title easterly along the center line at separate permission), at various of Ordinance No. 896-01, passed June Machinery Avenue, N.E. to its inter- locations on East 105th Street to 19, 2001, is hereby repealed. section with the center line of East identify and locate this Community Section 3. That this ordinance is 70th Street; thence southerly along Center, and which banners are to be hereby declared to be an emergency the center line of East 70th Street hung at the following locations and measure and, provided it receives to its intersection with the center pole numbers: On East 105th Street: the affirmative vote of two-thirds of line of St. Clair Avenue, N.E.; thence 1) On the 5th pole North of St. all the members elected to Council, northeasterly along the center line Clair (W), #NE6-104-5 it shall take effect and be in force of St. Clair Avenue, N.E. to its inter- 2) On the 6th pole North of St. immediately upon its passage and section with the center line of East Clair (W), #NE6-104-6 approval by the Mayor; otherwise it 74th Street; thence southerly along 3) On the 7th pole North of St. shall take effect and be in force the center line of East 74th Street Clair (W), #NE6-104-7 from and after the earliest period to its intersection with the center 4) On the 8th pole North of St. allowed by law. line of Korman Avenue, N.E.; thence Clair (W), #NE6-104-7A Motion to suspend rules. Charter easterly along the center line of 5) On the 9th pole North of St. and statutory provisions and place Korman Avenue, N.E. to its inter- Clair (W), #NE6-104-8 on final passage. section with the center line of East 6) On the 10th pole North of St. The rules were suspended. Yeas 77th Street; thence southerly along Clair (W), #NE6-104-9 15. Nays 0. Read second time. Read the center line of East 77th Street 7) On the 11th pole North of St. third time in full. Passed. Yeas 15. to its intersection with the center Clair (W), #NE6-104-10 Nays 0. line of Donald Avenue, N.E.; thence 8) On the 12th pole North of St. easterly along the center line of Clair (W), #NE6-104-11 Ord. No. 1399-01. Donald Avenue, N.E. to its intersec- 9) On the 13th pole North of St. By Councilmen Patmon and Wil- tion with the center line of East Clair (W), #NE6-104-12 lis. 78th Street; thence northerly along 10) On the 14th pole North of St. An emergency ordinance to amend the center line of East 78th Street Clair (W), #NE6-104-13 Sections 103.08 to 103.09 of the Cod- to its intersection with the center Section 2. That said banners will ified Ordinances of Cleveland, Ohio, line of Korman Avenue, N.E.; thence be hung within the public right-of- 1976, as enacted by Ordinance No. easterly along the center line of way of portions of the streets as 1177-01, passed June 11, 2001 relat- Korman Avenue, N.E. to its inter- aforesaid, and said banners will be ing to Wards of the City of Cleve- section with the center line of East constructed in accordance with land. 79th Street; thence southerly along plans and specifications approved Whereas, this ordinance consti- the center line of East 79th Street by the Commissioner of Engineering tutes an emergency measure provid- to its intersection with the center and Construction. ing for the usual daily operation of line of Bellevue Avenue, N.E.; Section 3. That nothing in this a municipal department; now, there- thence easterly along the center ordinance grants or shall be consid- fore, line of Bellevue Avenue, N.E. to its ered to grant to Permittee any right, Be it ordained by the Council of intersection with the center line of privilege or permission to use or to the City of Cleveland: Ansel Road, N.E.; thence southeast- attach or affix any objects to poles Section 1. That Sections 103.08 to erly, southwesterly, southerly and described in Section 1 of this ordi- 103.09 of the Codified Ordinances of southeasterly along the center line nance. Cleveland, Ohio, 1976, as enacted by of Ansel Road, N.E. to its intersec- Section 4. That the permit herein Ordinance No. 1177-01, passed June tion with the center line of East authorized shall be prepared by the 11, 2001, are hereby amended to read 101st Street; thence southerly along Director of Law and shall be issued respectively as follows: the center line of East 101st Street only when, in the opinion of the to its intersection with the center director of Law, the City of Cleve- Section 103.08 Ward Eight line of Euclid Avenue; thence east- land has been properly indemnified The boundaries of Ward 8 shall be erly along the center line of Euclid against any and all loss which may as follows: Avenue to its intersection with the result from said permit. Beginning at the point of inter- center line of East 105th Street; Section 5. That this ordinance is section of the shore line of Lake thence northerly along the center hereby declared to be an emergency Erie and the dividing line between line of East 105th Street to its inter- measure and, provided it receives the City of Cleveland and the City section with the center line of Park the affirmative vote of two-thirds of of Bratenahl; thence in a general Lane Avenue, N.E.; thence easterly all the members elected to Council, southwesterly direction along the along the center line of Park Lane it shall take effect and be in force irregular shore line of Lake Erie to Avenue, N.E. to its intersection with immediately upon its passage and its intersection with the northerly the center line of Stokes Boulevard, approval by the Mayor; otherwise it prolongation of the center line of N.E.; thence southerly along the shall take effect and be in force East 55th Street; thence southerly center line of Stokes Boulevard, from and after the earliest period along the northerly prolongation N.E. to its intersection with the cen- allowed by law. and the center line of East 55th ter line of Euclid Avenue; thence Motion to suspend rules. Charter Street to its intersection with the easterly and northeasterly along and statutory provisions and place center line of the main line tracks the center line of Euclid Avenue to on final passage. of the CSX Railroad; thence north- its intersection with the center line 1695 30 The City Record July 25, 2001 of East Boulevard, N.E.; thence to its intersection with the center the center line of Hull Avenue, N.E.; northerly, northeasterly, northerly line of Brackland Avenue, N.E.; thence northeasterly along the cen- and northwesterly along the center thence easterly along the center ter line of Hull Avenue, N.E. to its line of East Boulevard, N.E. to its line of Brackland Avenue, N.E. and intersection with the center line of intersection with the center line of its prolongation to its intersection East 110th Street; thence northerly Hazel Drive, N.E.; thence northeast- with the dividing line between the along the center line of East 110th erly and northerly along the center City of Cleveland and the City of Street to its intersection with the line of Hazel Drive, N.E. to its inter- East Cleveland; thence along the center line of Superior Avenue, N.E.; section with the center line of Mag- dividing line between the City of thence continuing northerly along nolia Drive, N.E.; thence southeast- Cleveland and the City of East the center line of Parkwood Drive, erly along the center line of Mag- Cleveland, southerly, westerly, N.E. to its intersection with the cen- nolia Drive, N.E. to its intersection southerly and easterly to its inter- ter line of Primrose Avenue, N.E.; with the center line of Mistletoe section with the center line of thence easterly along the center Drive, N.E.; thence northerly along Euclid Avenue; thence southwester- line of Primrose Avenue, N.E. to its the center line of Mistletoe Drive, ly along the center line of Euclid intersection with the center line of N.E. to its intersection with the cen- Avenue to its intersection with the Linn Drive, N.E.; thence northerly ter line of Wade Park Avenue, N.E.; center line of East 116th Street, along the center line of Linn Drive, thence westerly along the center (now vacated); thence southeaster- N.E. to its intersection with the cen- line of Wade Park Avenue, N.E. to ly and southerly, along the center ter line of Tuscora Avenue, N.E.; its intersection with the center line line of East 116th Street, (now thence easterly along the center of East 1 0 5 t h Street; thence norther- vacated) to its intersection with the line of Tuscora Avenue, N.E. to its ly along the center line of East center line of Mayfield Road, S.E.; intersection with the center line of 1 0 5 t h Street to its intersection with thence southerly and southwesterly Lakeview Road, N.E.; thence north- the centerline of Ashbury Avenue, along the center line of Circle erly along the center line of Lake- N.E.; thence northwesterly along the Drive, S.E. to its intersection with view Road, N.E. to its intersection center line of Churchill Avenue, the center line of Cornell Road, S.E.; with the center line of St. Clair N.E. to its intersection with the cen- thence southeasterly along the cen- Avenue, N.E.; thence northerly ter line of East 108th Street; thence ter line of Cornell Road, S.E. to its along the center line of East 110th northerly along the center line of intersection with the center line of Street to its intersection with the East 108th Street to its intersection Circle Drive, S.E.; thence south- southwesterly extension of the cen- with the center line of Hull Avenue, westerly along the center line of ter line of Hazeldell Road, N.E.; N.E.; thence northeasterly along the Circle Drive, S.E. to its intersection thence northeasterly along the cen- center line of Hull Avenue, N.E. to with the center line of Adelbert ter line of the southwesterly exten- its intersection with the center line Road, S.E.; thence southeasterly sion of Hazeldell Road, N.E. to its of East 110th Street; thence norther- along the center line of Adelbert intersection with the center line of ly along the center line of East Road, S.E. to its intersection with Dundee Drive, N.E.; thence north- 110th Street to its intersection with the center line of the main line westerly along the prolongation of the center line of Superior Avenue, tracks of the NS Railroad; thence the center line of Dundee Drive, N.E.; thence continuing northerly southwesterly along the center line N.E. to its intersection with the along the center line of Parkwood of the main line tracks of the NS dividing line between the City of Avenue, N.E. to its intersection with Railroad to its intersection with the Cleveland and the City of Brate- the center line of Primrose Avenue, center line of Stokes Boulevard, nahl; thence northeasterly along the N.E.; thence easterly along the cen- S.E.; thence northwesterly along the dividing line between the City of ter line of Primrose Avenue, N.E. to center line of Stokes Boulevard, S.E. Cleveland and the City of Bratenahl its intersection with the center line to its intersection with the center to the place of beginning. of Linn Drive, N.E.; thence norther- line of Carnegie Avenue, S.E.; Section 2. That existing Sections ly along the center line of Linn thence easterly along the center 103.08 to 103.09 of the Codified Ordi- Drive, N.E. to its intersection with line of Carnegie Avenue, S.E. to its nances of Cleveland, Ohio, 1976, as the center line of Tuscora Avenue, intersection with the center line of enacted by Ordinance No. 1177-01, N.E.; thence easterly along the cen- East 109th Street; thence northerly passed June 11, 2001, are hereby ter line of Tuscora Avenue, N.E. to along the center line of East 109th repealed. its intersection with the center line Street to its intersection with the Section 3. That this ordinance is of Lakeview Road, N.E.; thence center line of Deering Avenue, S.E.; hereby declared to be an emergency northerly along the center line of thence westerly along the center measure and, provided it receives Lakeview Road, N.E. to its inter- line of Deering Avenue, S.E. to its the affirmative vote of two-thirds of section with the center line of St. intersection with the center line of all the members elected to Council, Clair Avenue, N.E.; thence norther- Stokes Boulevard, S.E.; thence it shall take effect and be in force ly along the center line of East northerly along the center line of immediately upon its passage and 110th Street to its intersection with Stokes Boulevard, S.E. to its inter- approval by the Mayor; otherwise it the southwesterly extension of the section with the center line of shall take effect and be in force center line of Hazeldell Road, N.E.; Euclid Avenue; thence easterly and from and after the earliest period thence northeasterly along the cen- northeasterly along the centerline allowed by law. ter line of the southwesterly exten- of Euclid Avenue to its intersection Motion to suspend rules. Charter sion of Hazeldell Road, N.E. to its with the centerline of East Boule- and statutory provisions and place intersection with the center line of vard, N.E.; thence northerly, north- on final passage. Dundee Drive, N.E.; thence north- easterly, northerly and northwester- The rules were suspended. Yeas westerly along the prolongation of ly along the center line of East 15. Nays 0. Read second time. Read the center line of Dundee Drive, Boulevard, N.E. to its intersection third time in full. Passed. Yeas 15. N.E. to its intersection with the with the center line of Hazel Drive, Nays 0. dividing line between the City of N.E.; thence northeasterly and Cleveland and the City of Brate- northerly along the center line of Ord. No. 1400-01. nahl; thence southwesterly and Hazel Drive, N.E. to its intersection By Councilman Polensek. northerly along the dividing line with the center line of Magnolia An emergency ordinance amend- between the City of Cleveland and Drive, N.E.; thence southeasterly ing Section 2 of Ordinance No. 2119- the City of Bratenahl to the place along the center line of Magnolia 2000, passed December 18, 2000, of beginning. Drive, N.E. to its intersection with relating to economic development the center line of Mistletoe Drive, assistance for C & K Meats. Section 103.09 Ward Nine N.E.; thence northerly along the cen- Whereas, this ordinance consti- The boundaries of Ward 9 shall be ter line of Mistletoe Drive, N.E. to tutes an emergency measure provid- as follows: its intersection with the center line ing for the usual daily operation of Beginning at the point of inter- of Wade Park Avenue, N.E.; thence a municipal department; now, there- section of the center line of Eddy westerly along the center line of fore Road, N.E. and the dividing line Wade Park Avenue, N.E. to its Be it ordained by the Council of between the City of Cleveland and intersection with the center line of the City of Cleveland: the City of Bratenahl; thence south- East 1 0 5 t h Street; thence northerly Section 1. That Section 2 of Ordi- easterly and southerly along the along the center line of East 1 0 5 t h nance No. 2119-2000, passed Decem- center line of Eddy Road, N.E. to its Street to its intersection with the ber 18, 2000, is hereby amended to intersection with the center line of center line of Churchill Avenue, read respectively as follows: St. Clair Avenue, N.E.; thence east- N.E.; thence easterly along the cen- Section 2. That the term of said erly along the center line of St. ter line of Churchill Avenue, N.E. to loan shall be in accordance with the Clair Avenue, N.E. to its intersec- its intersection with the center line terms as set forth in the Executive tion with the center line of East of East 108th Street; thence norther- Summary contained in File No. 2119- 124th Street; thence southerly along ly along the center line of East 2000-A, as amended by File No. 2119- the center line of East 124th Street 108th Street to its intersection with 2000-B. 1696 July 25, 2001 The City Record 31

Section 2. That existing Section 2 ing for the usual daily operation of Ord. No. 1404-01. of Ordinance No. 2119-2000, passed a municipal department; now, there- By Councilman Polensek. December 18, 2000, is hereby fore An emergency ordinance consent- repealed. Be it ordained by the Council of ing and approving the issuance of a Section 3. That this ordinance is the City of Cleveland: permit for the Euclid Ambulance hereby declared to be an emergency Section 1. That notwithstanding Race on August 2, 2001, sponsored measure and, provided it receives any provisions of the Codified Ordi- by East 185th Street Festival Com- the affirmative vote of two-thirds of nances of Cleveland, Ohio, 1976 to mittee. all the members elected to Council, the contrary, the Clerk of Council is Whereas, this ordinance consti- it shall take effect and be in force authorized to purchase by require- tutes an emergency measure provid- immediately upon its passage and ment contract the labor and materi- ing for the usual daily operation of approval by the Mayor; otherwise it als necessary to publish and dis- a municipal department; now, there- shall take effect and be in force tribute the City Record in accor- fore, from and after the earliest period dance with Section 75 of the Char- Be it ordained by the Council of allowed by law. ter of the City of Cleveland and Sec- the City of Cleveland: Motion to suspend rules. Charter tion 115.01 of the Codified Ordi- Section 1. That pursuant to Sec- and statutory provisions and place nances of Cleveland, Ohio, 1976. Said tion 411.06 of the Codified Ordi- on final passage. contract to be entered into with the nances of Cleveland, Ohio 1976, this The rules were suspended. Yeas lowest and best bidder after adver- Council consents to and approves 15. Nays 0. Read second time. Read tising once a week for two consec- the holding of the Euclid Ambu- third time in full. Passed. Yeas 15. utive weeks in accordance with Sec- lance Race sponsored by the East Nays 0. tion 108 of the Codified Ordinances. 185th Street Festival Committee, on The cost of said contract to be August 2, 2001, starting at Villa Ord. No. 1401-01. payable from funds appropriated by Angela/St. Joe’s on East 185th and By Councilman Polensek. Council. An emergency ordinance to amend Section 2. That this ordinance is Lakeside Avenue, west on Lakeside Ordinance No. 1729-2000, passed Octo- hereby declared to be an emergency to Wildwood Park entrance, go ber 16, 2000, pertaining to the fund measure and, provided it receives through Wildwood Park to Dorch- established with monies paid by the affirmative vote of two-thirds of ester, east on Dorchester to Schen- Cablevision of Cleveland, L.P., as all the members elected to Council, ley, Schenley to Lakeshore, Lake- franchise fees, to expand the poten- it shall take effect and be in force shore east to Villa Angela/St. Joe’s tial use of the funds. immediately upon its passage and and finish, provided that the appli- Whereas, the Council of the City of approval by the Mayor; otherwise it cant sponsor shall meet all the Cleveland approved Ordinance No shall take effect and be in force requirements of Section 411.05 of the 1729-2000 on October 16, 2000, which from and after the earliest period Codified Ordinances of Cleveland, approved the request of Cablevision allowed by law. Ohio, 1976. Streets may be closed as of Cleveland, L.P. to transfer its cable Motion to suspend rules. Charter determined by the Chief of Police television franchise to Adelphia and statutory provisions and place and safety forces as may be neces- Cleveland LLC, and approved an on final passage. sary in order to protect the partici- extension of said franchise term; and The rules were suspended. Yeas pants in the event. Said permit shall Whereas, Section 6 of that Ordi- 15. Nays 0. Read second time. Read further provide that the City of nance directs the establishment of a third time in full. Passed. Yeas 15. Cleveland shall be fully indemnified fund within the General Fund of the Nays 0. from any and all liability resulting City into which past due franchise from the issuance of the same, to fees were paid by Cablevision of Ord. No. 1403-01. the extent and in form satisfactory Cleveland, L.P., pursuant to Section By Councilman Polensek. to the Director of Law. 1(A) of that Ordinance, in the An emergency ordinance authoriz- Section 2. That this ordinance is amount of $989,377; now therefore ing the purchase by requirement hereby declared to be an emergency Be it ordained by the Council of contract of labor and materials nec- measure and, provided it receives the City of Cleveland City Council essary to service and maintain inter- the affirmative vote of two-thirds of Section 1. That Section 6 of Ordi- net access for the various offices of all the members elected to Council, nance No. 1729-2000, passed October Cleveland City Council. it shall take effect and be in force 16, 2000, is hereby amended to read Whereas, this ordinance consti- immediately upon its passage and as follows: tutes an emergency measure provid- approval by the Mayor; otherwise, it Section 6. That the Director of ing for the usual daily operation of shall take effect and be in force Finance shall establish within the a municipal department; now, there- from and after the earliest period General Fund of the City a fund into fore allowed by law. which shall be deposited those Be it ordained by the Council of Motion to suspend rules. Charter monies collected in accordance with the City of Cleveland: and statutory provisions and place Section 1, Paragraph A, to be used Section 1. That notwithstanding on final passage. for public, educational and govern- any provisions of the Codified Ordi- The rules were suspended. Yeas ment access and other public nances of Cleveland, Ohio, 1976 to 15. Nays 0. Read second time. Read telecommunications, co m m u n i c a t i o n s , the contrary, the Clerk of Council is third time in full. Passed. Yeas 15. promotional and cable services to be authorized to purchase by require- Nays 0. allocated by ordinance by Cleveland ment contract the labor and materi- City Council. als necessary to service and main- Ord. No. 1405-01. Section 2. That this ordinance is tain internet access for the various By Councilmen Reed, Jackson, hereby declared to be an emergency offices of Cleveland City Council for Cimperman and Patmon (by depart- measure and, provided it receives a period of two years. Said contract mental request). the affirmative vote of two-thirds of to be entered into with the lowest An emergency ordinance authoriz- all the members elected to Council, and best bidder after advertising ing the sale of real property as part it shall take effect and be in force once a week for two consecutive of the Land Reutilization Program immediately upon its passage and weeks in accordance with Section approval by the Mayor; otherwise it 108 of the Codified Ordinances. The and located at 3927 East 131st Street shall take effect and be in force cost of said contract to tie payable to John H. Moore, Jr. from and after the earliest period from funds appropriated by Council. Whereas, the City of Cleveland allowed by law. Section 2. That this ordinance is has elected to adopt and implement Motion to suspend rules. Charter hereby declared to be an emergency the procedures under Chapter 5722 and statutory provisions and place measure and, provided it receives of the Ohio Revised Code to facili- on final passage. the affirmative vote of two-thirds of tate reutilization of nonproductive The rules were suspended. Yeas all the members elected to Council, lands situated within the City of 15. Nays 0. Read second time. Read it shall take effect and be in force Cleveland; and third time in full. Passed. Yeas 15. immediately upon its passage and Whereas, real property acquired Nays 0. approval by the Mayor; otherwise it under the City’s Land Reutilization shall take effect and be in force Program is acquired, held, adminis- Ord. No. 1402-01. from and after the earliest period tered and disposed of by the City of By Councilman Polensek. allowed by law. Cleveland through its Department of An emergency ordinance authoriz- Motion to suspend rules. Charter Community Development under the ing the purchase by requirement and statutory provisions and place terms of Chapter 5722 of the Ohio contract of labor and materials nec- on final passage. Revised Code and Section 183.021 of essary to publish and distribute the The rules were suspended. Yeas Codified Ordinances of the City of City Record. 15. Nays 0. Read second time. Read Cleveland, 1976; and Whereas, this ordinance consti- third time in full. Passed. Yeas 15. Whereas, this ordinance consti- tutes an emergency measure provid- Nays 0. tutes an emergency measure provid- 1697 32 The City Record July 25, 2001 ing for the usual daily operation of Ord. No. 1406-01. a municipal department; now, there- a municipal department; now, there- By Councilmen Reed and White. fore, fore, An emergency ordinance amend- Be it ordained by the Council of Be it ordained by the Council of ing the title and Sections 1 and 2 of the City of Cleveland: the City of Cleveland: Ordinance No. 100-01, passed Janu- Section 1. That the title of Ordi- Section 1. That pursuant to Sec- ary 22, 2001, relating to an agree- nance No. 1267-01, passed June 19, tion 183.021 of the Codified Ordi- ment with the Boys and Girls Clubs 2001 is hereby amended to read as nances of Cleveland, Ohio, 1976, the through use of Ward 2 and 3 Neigh- follows: Commissioner of Purchases and Sup- borhood Equity Funds. An emergency ordinance autho- plies is hereby authorized to sell Whereas, this ordinance consti- rizing the Director of Port Control Permanent Parcel No. 138-05-001, as tutes an emergency measure provid- to enter into a Lease Agreement more fully described below, to John ing for the usual daily operation of with Ullrich Family Limited Part- H. Moore, Jr. a municipal department; now, there- nership for the use and occupancy Section 2. That the real property fore of certain City-owned land; autho- to be sold pursuant to this ordinance Be it ordained by the Council of rizing the Director of Port Control is more fully described as follows: the City of Cleveland: to execute a Deed conveying cer- Section 1. That the title and Sec- tain property to Ullrich Family P. P. No. 138-05-001 Situated in the City of Cleveland, tions 1 and 2 of Ordinance No. 100- Limited Partnership, or its County of Cuyahoga and State of 01, passed January 22, 2001, are designee, subject to a right-of-way Ohio, and known as being the West- hereby amended to read respective- easement to be retained by the erly 110 feet of Sublot No. 83 and the ly as follows: City and declaring said property Northerly 2.15 feet of the Westerly An emergency ordinance autho- no longer needed for public use; 110 feet of Sublot No. 84 in H. Ibele rizing the Director of Community proferring certain representations and J.M. Pettibone’s Subdivision of Development to enter into an a g r e e- for purposes of the Trust Inden- part of Original One Hundred Acre ment with the Boys and Girls Clubs ture from the City of Cleveland to Lot No. 462, as shown by the record- of Cleveland for certain recreation- the Chase Manhattan Trust Com- ed plat in Volume 37 of Maps, Page al programs to further the public pany, National Association, as suc- 9 of Cuyahoga County Records, and purpose of providing recreational cessor trustee and authorizing the together forming a parcel of land opportunities for youth and other Director of Port Control to apply 52.15 feet front on the Easterly side residents of the City of Cleveland to the bond trustee for land of Easterly 131st Street (formerly through the use of Ward 3 a n d r e l e a s e . Mars Hill Avenue) 110 feet deep on Ward 2 Neighborhood Equity Section 2. That the existing title the Southerly line, 110 feet deep on F u n d s . of Ordinance No. 1267-01, passed the Northerly line, which is also the Section 1. That the Director of June 19, 2001 is hereby repealed. Southerly line of Durkee Avenue, Community Development is autho- Section 3. That Ordinance No. 1267- S.E. (formerly Preston Street) and rized to enter into an a g r e e m e n t 01, passed June 11, 2001 is hereby 52.15 feet wide in rear, as appears with the Boys and Girls Clubs of supplemented by adding new Sec- by said plat. Cleveland for certain recreational tions 7 and 8 to read, respectively, Subject to Zoning Ordinances, if programs to further the public pur- as follows: any. pose of providing recreational Section 7. That the City acknowl- Section 3. That all documents nec- opportunities for youth and other edges, states and affirms, pursuant essary to complete the conveyance residents of the City of Cleveland to Article IX of the Trust Inden- authorized by this ordinance shall through the use of Ward 3 a n d ture from the City of Cleveland to be executed within six (6) months Ward 2 Neighborhood Equity the Chase Manhattan Trust Com- of the effective date of this ordi- F u n d s . pany, National Association, as suc- nance. If all of the documents are Section 2. That the cost of said cessor trustee, dated November 1, not executed within six (6) months contract shall be in an amount not 1976, as amended (the “Inden- of the effective date of this ordi- nance, or such additional time as to exceed $145,000.00 and shall be ture”), that the City desires and may be granted by the Director of paid from Fund No. 10 SF 166, with requests that certain portions of Community Development, this ordi- $125,000.00 to be paid from Ward 3 its land heretofore subject to the nance shall be repealed and shall be Neighborhood Equity Funds and Indenture by released and removed of no further force or effect. $25,000.00 to be paid from Ward 2 from all obligations under said Section 4. That the consideration Neighborhood Equity Funds. Indenture. Further, the City for the subject parcel shall be estab- Section 3. That the title and Sec- acknowledges, states and affirms lished by the Board of Control and tions 1 and 2 of Ordinance No. 100- that it is not in default under said shall be not less than Fair Market 01, passed January 22, 2001, are Indenture; that release of such Value taking into account such hereby repealed. land is necessary in order to serve terms and conditions, restrictions Section 4. That this ordinance is the public purpose of providing and covenants as are deemed nec- hereby declared to be an emergency public utilities; and that certain essary or appropriate. measure and, provided it receives public improvements will be con- Section 5. That the conveyance the affirmative vote of two-thirds of structed on the land to be released, authorized hereby shall be made by all the members elected to Council, including public utilities. official deed prepared by the Direc- it shall take effect and be in force Section 8. That the Director of tor of Law and executed by the immediately upon its passage and Port Control is authorized to apply Mayor on behalf of the City of approval by the Mayor; otherwise it to the Chase Manhattan Trust Com- Cleveland. The deed shall contain shall take effect and be in force pany, National Association, as suc- such provisions as may be necessary from and after the earliest period cessor trustee, for release of the to protect and benefit the public allowed by law. land described above, pursuant to interest including such restrictive Motion to suspend rules. Charter the Indenture. covenants and reversionary inter- and statutory provisions and place Section 4. That existing Section 7 ests as may be specified by the on final passage. of Ordinance No. 1267-01, passed Board of Control, the Director of The rules were suspended. Yeas June 19, 2001, is hereby renumbered Community Development or the 15. Nays 0. Read second time. Read to new “Section 9”. Director of Law. third time in full. Passed. Yeas 15. Section 5. That this ordinance is Section 6. That this ordinance is Nays 0. hereby declared to be an emergency hereby declared to be an emergency measure and, provided it receives measure and, provided it receives Ord. No. 1407-01. the affirmative vote of two-thirds of the affirmative vote of two-thirds of all the members elected to Council, By Councilman Sweeney. all the members elected to Council, it shall take effect and be in force An emergency ordinance to amend it shall take effect and be in force immediately upon its passage and the title of Ordinance No. 1267-01, immediately upon its passage and approval by the Mayor; otherwise it passed June 19, 2001, relating to a approval by the Mayor; otherwise it shall take effect and be in force Lease Agreement with Ullrich Fam- shall take effect and be in force from and after the earliest period ily Limited Partnership for use of from and after the earliest period allowed by law. City-owned land; to supplement allowed by law. Motion to suspend rules. Charter said ordinance by adding new Sec- Motion to suspend rules. Charter and statutory provisions and place tions 7 and 8 thereof; and to re- and statutory provisions and place on final passage. number existing Section 7 to new on final passage. The rules were suspended. Yeas Section 9. The rules were suspended. Yeas 15. Nays 0. Read second time. Read Whereas, this ordinance consti- 15. Nays 0. Read second time. Read third time in full. Passed. Yeas 15. tutes an emergency measure provid- third time in full. Passed. Yeas 15. Nays 0. ing for the usual daily operation of Nays 0. 1698 July 25, 2001 The City Record 33

Ord. No. 1408-01. ing for the usual daily operation of ments of utility boxes, where neces- By Councilman Sweeney. a municipal department; now, there- sary at the cost and expense of the An emergency ordinance authoriz- fore, owner of the property in front of ing the Commissioner of Purchases Be it ordained by the Council of which the same is layed, re-layed, and Supplies to sell City-owned prop- the City of Cleveland: repaired; and the cost and expense erty no longer needed for public use Section 1. That Sections 1 and 2 of thereof, unless paid to the Director located at 12712 Longmead Avenue Resolution No. 140-01, passed May 14, of Finance, will be assessed against to Bellaire-Puritas Development Cor- 2001, are hereby amended to read, the abutting property, and collected poration as to Parcel “A” and Happy respectively, as follows: in the same manner as other assess- Times Day Care and Nursery School, Section 1. That it is necessary to ments, as provided in Section 165 of Inc. as to Parcel “B” for the devel- lay, re-lay and repair sidewalks, dri- the Charter of the City of Cleveland. opment of housing and a child care veway aprons, curbs, gutters and/or Section 2. That existing Sections 1 facility. castings, including adjustments of and 2 of Resolution No. 140-01, Whereas, the Director of Commu- utility boxes, where necessary, in passed May 14, 2001 are hereby nity Development has requested the the City of Cleveland on the fol- repealed. sale of City-owned property no lowing streets, at the locations here- Section 3. That this ordinance is longer needed for public use locat- inafter named and between the hereby declared to be an emergency ed at 12712 Longmead Avenue; and points mentioned, including both the measure and, provided it receives Whereas, this ordinance consti- frontage and depth of corner lots the affirmative vote of two-thirds of tutes an emergency measure provid- where said streets intersect, be all the members elected to Council, ing for the usual daily operation of layed, re-layed and repaired, with it shall take effect and be in force a municipal department; now, there- either stone flagging or concrete, to immediately upon its passage and approval by the Mayor; otherwise it fore, the full width of the present side- walks or curbing on the streets and shall take effect and be in force Be it ordained by the Council of any associated corner properties from and after the earliest period the City of Cleveland: respectively: allowed by law. Section 1. That notwithstanding West 93rd Street and West 95th Motion to suspend rules. Charter and as an exception to the provi- Street – Madison Avenue to the Mar- and statutory provisions and place sions of Chapters 181 and 183 of the ginal Road on final passage. Codified Ordinances of Cleveland, 9801 Denison Avenue – Southwest The rules were suspended. Yeas Ohio, 1976, it is hereby found and corner of Denison Avenue and West 15. Nays 0. Read second time. Read determined that the described prop- 98th Street third time in full. Passed. Yeas 15. erty in File No. 1408-01-A is no 3243 West 98th Street – Southeast Nays 0. longer needed for public use. corner of Denison Avenue and West Section 2. That by and at the 98th Street Ord. No. 1410-01. direction of the Board of Control, Ashbury Avenue – East Boulevard By Councilmen White, Jackson, the Commissioner of Purchases and to Lakeview Road Cimperman and Patmon (by depart- Supplies is authorized to sell the Woodhaven – Ridge Road to West mental request). property described in the above 63rd Street An emergency ordinance authoriz- mentioned file which is designated West 59th Street – Memphis to ing the sale of real property as part as Parcel “A” to the Bellaire-Puritas Ridgeville of the Land Reutilization Program Development Corporation and the Cleveland Road – North of St. and located on Cambridge and Way property designated at Parcel “B” to Clair Avenue Avenues to The Garland Company, Happy Times Day Care and Nursery Catalpa Road – North of Euclid Inc. School, Inc. Avenue Whereas, the City of Cleveland Section 3. That the conveyances East 176th – Villaview to Notting- adopted and implemented proce- shall be made by official deed to be ham Road dures under Chapter 5722 of the prepared by the Director of Law and East 177th – Villaview to Notting- Ohio Revised Code to facilitate executed by the Mayor on behalf of ham Road reutilization of nonproductive lands the City of Cleveland. The deeds Creekview – Nottingham Road to situated within the City of Cleve- shall contain provisions including east end land; and such restrictive covenants and rever- Dillewood – East 176th Street to Whereas, real property acquired sionary interests as may be speci- east end under the City’s Land Reutilization fied by the Board of Control or Nottingham Road – Villaview to Program is acquired, held, adminis- Director of Law protecting the par- Lakeshore Boulevard tered and disposed of by the City of ties as their respective interests Shelton Road – Nottingham Road Cleveland through its Department of require and shall specifically con- to east end Community Development under the tain a provision against the erection Tiverton Road – Nottingham Road terms of Chapter 5722 of the Ohio of any advertising signs or bill- to east end Revised Code and Section 183.021 of boards except permitted identifica- Sprengle Road – West 146th Street Codified Ordinances of the City of tion signs. to West 143rd Street (curb only) Cleveland, 1976; and Section 4. That this ordinance is Allien Avenue – East of W. 179th Whereas, this ordinance consti- hereby declared to be an emergency Street to W. 176th Street tutes an emergency measure provid- measure and, provided it receives Section 2. That the Director of ing for the usual daily operation of the affirmative vote of two-thirds of Finance shall cause a written notice a municipal department; now, there- all the members elected to Council, of the adoption of this resolution to fore, it shall take effect and be in force be served upon the owner, agent of Be it ordained by the Council of immediately upon its passage and the owner, of each parcel of land the City of Cleveland: approval by the Mayor; otherwise it abutting upon the sidewalk, drive- Section 1. That pursuant to Sec- tion 183.021 of the Codified Ordi- shall take effect and be in force way apron, curb, gutter, and/or cast- ing to be layed or re-layed or nances of Cleveland, Ohio, 1976, the from and after the earliest period repaired. In the manner provided by Commissioner of Purchases and Sup- allowed by law. law for the service of summons in plies is hereby authorized to sell Motion to suspend rules. Charter civil actions and in accordance with Permanent Parcel No. 133-25-006 as and statutory provisions and place Section 164 of the City Charter of more fully described below, to The on final passage. the City of Cleveland. A copy of the Garland Company, Inc. The rules were suspended. Yeas notice, with the time and manner of Section 2. That the real property 15. Nays 0. Read second time. Read service endorsed thereon, signed by to be sold pursuant to Section 1 of third time in full. Passed. Yeas 15. the person serving it shall be this Ordinance is more fully Nays 0. returned to the office of the Direc- described as follows: tor of Finance and there filed and Ord. No. 1409-01. preserved. The said notice shall also P. P. No. 133-25-006 By Councilman Westbrook. provide that: if the sidewalk, dri- Situated in the City of Cleveland, An emergency ordinance to amend veway apron, curb, gutter, and/or County of Cuyahoga and State of Sections 1 and 2 of Resolution No. casting are not layed, re-layed or Ohio, and known as being Sublot 140-01, passed May 14, 2001, relating repaired by the abutting owner, in Nos. 15 and 16 in Edwin Carter’s Sub- to the laying, re-laying and repair- accordance with the notice, within division of part of Original One Hun- ing of sidewalks, driveway aprons, fifteen (15) days from service of dred Acre Lot No. 448 as shown by curbs, gutters and/or castings on notice or completion of the publica- the recorded plat in Volume 7 of certain streets and any associated tion thereof, the City will proceed, Maps, Page 14 of Cuyahoga County corner properties herein named in through the appropriate department, Records, and together forming a par- the City of Cleveland. to lay, re-lay or repair such side- cel of land having a frontage of 76 Whereas, this ordinance consti- walk, driveway apron, curb, gutter, feet on the Southerly side of Cam- tutes an emergency measure provid- and/or casting, including adjust- bridge Avenue, S.E., (formerly Carter 1699 34 The City Record July 25, 2001

Avenue), and extending back of Also subject to all zoning ordi- FIRST READING EMERGENCY equal width 120 feet, as appears by nances, if any. RESOLUTIONS READ IN FULL said plat, be the same more or less, Section 9. That pursuant to Sec- AND ADOPTED but subject to all legal highways. tion 183.021 of the Codified Ordi- Subject to zoning ordinances, if nances of Cleveland, Ohio 1976, the Res. No. 1411-01. any. Commissioner of Purchases and Sup- By Councilman Brady. Section 3. That pursuant to Sec- plies is hereby authorized to sell An emergency resolution object- tion 183.021 of the Codified Ordi- Permanent Parcel No. 133-25-056 as ing to the renewal of a D5 Liquor nances of Cleveland, Ohio 1976, the more fully described below, to The Permit at 3655-57 Bosworth Rd., 1st Commissioner of Purchases and Sup- Garland Company, Inc. Fl. plies is hereby authorized to sell Section 10. That the real property Whereas, the uniform date for Permanent Parcel No. 133-25-048 as to be sold pursuant to this Ordi- renewal of liquor permits in the more fully described below, to The nance is more fully described as fol- State of Ohio is October 1st; and Garland Company, Inc. lows: Whereas, pursuant to Section Section 4. That the real property to be sold pursuant to this Ordi- 4303.271 of the Revised Code, the P. P. No. 133-25-056 legislative authority of a municipal nance is more fully described as fol- Situated in the City of Cleveland, lows: corporation may object to the renew- County of Cuyahoga and State of al of a permit based upon legal Ohio, and known as being a part of P. P. No. 133-25-048 grounds as set forth in division (A) Sublot Nos, 6 and 7 in Carter Heir’s of Revised Code Section 4303.292; Situated in the City of Cleveland, Subdivision of part of Original One County of Cuyahoga and State of and Hundred Acre Lot No. 456, in said Whereas, the applicant is unfit Ohio, and known and bounded and City, and bounded and described as described as follow, to-wit: to continue to engage in the liquor follows: permit business in that he has And known as being Sublot No. 60 Beginning on the North line of in Carter Heirs Allotment of part of operated his liquor permit busi- Way Avenue, S.E. (formerly Way ness in a manner that demon- Original One Hundred Acre Lot No. Street), 29 feet 4 inches West from 456, as shown by the recorded plat strates a disregard for the laws, the Easterly line of Sublot No. 6; in Volume 7 of Maps, Page 20 of regulations or local ordinances of thence West in the North line of Cuyahoga County Records and the state, and that this objection is Way Avenue, S.E. 29 feet 4 inches; being 44 feet front on the Southerly based on other legal grounds as thence North 120 feet to the North side of Way Avenue (formerly Ward set forth in Revised Code Section line of said Sublot No. 7; thence East Street) and extending back of equal 4303.292; and on said line 29 feet 4 inches; thence width 120 feet, as appears by said Whereas, this resolution consti- South 120 feet to the place of begin- plat, be the same more or less, but tutes an emergency measure pro- subject to all legal highways. ning as per plat of said Subdivision recorded in Volume 7 of Maps, Page viding for the immediate preserva- Section 5. That pursuant to Sec- tion of the public peace, prosperity, tion 183.021 of the Codified Ordi- 20 of Cuyahoga County Records, be the same more or less, but subject safety and welfare pursuant to Sec- nances of Cleveland, Ohio 1976, the tion 4303.271 of the Ohio Revised Commissioner of Purchases and Sup- to all legal highways. Section 11. That all documents Code, objections to renewal of plies is hereby authorized to sell liquor permits shall be made no Permanent Parcel No. 133-25-049 as necessary to complete the con- veyance authorized by this ordi- later than thirty days prior to the more fully described below, to The expiration date of the permit; now, Garland Company, Inc. nance shall be executed within six (6) months of the effective date of t h e r e f o r e , Section 6. That the real property Be it resolved by the Council of to be sold pursuant to this Ordi- this ordinance. If all of the docu- the City of Cleveland: nance is more fully described as fol- ments are not executed within six lows: (6) months of the effective date of Section 1. That Council does here- this ordinance, or such additional by record its objection to the P. P. No. 133-25-049 time as may be granted by the renewal of a D5 Liquor Permit, Per- Situated in the City of Cleveland, Director of Community Develop- mit No. 5604495, owned by Masich County of Cuyahoga and State of ment, this ordinance shall be Inc., 3655-57 Bosworth Rd., 1st Fl., Ohio, and known as being Sublot No. repealed and shall be of no further Cleveland, Ohio 44111 and requests 61 in the Carter Heirs Allotment of force or effect. the Director of Liquor Control to set part of Original One Hundred Acre Section 12. That the consideration a hearing for said application in Lot No. 456, as shown by the record- for the subject parcel shall be estab- accordance with provisions of Sec- ed plat in Volume 7 of Maps, Page lished by the Board of Control and tion 4303.271 of the Revised Code of 20 of Cuyahoga County Records, and shall be not less than Fair Market Ohio. being 44 feet front on the Southerly Value taking into account such Section 2. That the Clerk of Coun- side of Way Avenue, S.E., and terms and conditions, restrictions cil be and she is hereby directed to extending back between parallel and covenants as are deemed nec- transmit two certified copies of this lines, 120 feet deep, as appears by essary or appropriate. resolution, together with two copies said plat, be the same more or less, Section 13. That the conveyance of a letter of objection and two but subject to all legal highways. authorized hereby shall be made by copies of a letter requesting that the Also subject to zoning ordinances, official deed prepared by the Direc- hearing be held in Cleveland, Cuya- if any. tor of Law and executed by the hoga County, and a statement by the Section 7. That pursuant to Sec- Mayor on behalf of the City of Director of Law that, in the Direc- tion 183.021 of the Codified Ordi- Cleveland. The deed shall contain tor’s opinion, the objection is based nances of Cleveland, Ohio 1976, the such provisions as may be necessary upon substantial legal grounds with- Commissioner of Purchases and Sup- to protect and benefit the public in the meaning and intent of divi- plies is hereby authorized to sell interest including such restrictive sion (A) of Section 4303.292 of the Permanent Parcel No. 133-25-050 as covenants and reversionary inter- Revised Code to the Director of more fully described below, to The ests as may be specified by the Liquor Control. Garland Company, Inc. Board of Control, the Director of Section 3. That this resolution is Section 8. That the real property Community Development or the hereby declared to be an emergency Director of Law. to be sold pursuant to this Ordi- measure and, provided it receives nance is more fully described as fol- Section 14. That this ordinance is the affirmative vote of two-thirds of lows: hereby declared to be an emergency measure and, provided it receives all the members elected to Council, P. P. No. 133-25-050 the affirmative vote of two-thirds of it shall take effect and be in force Situated in the City of Cleveland, all the members elected to Council, immediately upon its adoption and County of Cuyahoga and State of it shall take effect and be in force approval by the Mayor; otherwise, it Ohio, and known as being Sublot No. immediately upon its passage and shall take effect and be in force 62 in Alonzo Carter’s Allotment of approval by the Mayor; otherwise it from and after the earliest period part of Original One Hundred Acre shall take effect and be in force allowed by law. Lot No. 456, as shown by the record- from and after the earliest period Motion to suspend rules. Charter ed plat in Volume 7 of Maps, Page allowed by law. and statutory provisions and place 20 of Cuyahoga County Records, and Motion to suspend rules. Charter on final passage. being 44 feet front on the Southerly and statutory provisions and place The rules were suspended. Yeas side of Way Avenue, S.E., and on final passage. 14. Nays 0. Read second time. Read extending back of equal width 120 The rules were suspended. Yeas third time in full. Adopted. Yeas 14. feet, as appears by said plat, be the 15. Nays 0. Read second time. Read Nays 0. same more or less, but subject to all third time in full. Passed. Yeas 15. Not answering Roll Call: Council legal highways. Nays 0. Member Patmon. 1700 July 25, 2001 The City Record 35

Res. No. 1412-01. Whereas, the uniform date for repealing Res. No. 1257-2000 adopted By Councilman Brady. renewal of liquor permits in the by Council on July 17, 2000; and An emergency resolution object- State of Ohio is October 1st; and Whereas, this Council wishes to ing to the renewal of a D1, D2, D3 Whereas, pursuant to Section withdraw its objection to the above & D3A Liquor Permit at 11619 4303.271 of the Revised Code, the renewal and consents to said renew- Lorain Avenue, 1st Fl. & Bsmt. legislative authority of a municipal al; and Whereas, the uniform date for corporation may object to the renew- Whereas, this resolution consti- renewal of liquor permits in the al of a permit based upon legal tutes an emergency measure provid- State of Ohio is October 1st; and grounds as set forth in division (A) ing for the usual daily operation of Whereas, pursuant to Section of Revised Code Section 4303.292; a municipal department; now, there- 4303.271 of the Revised Code, the leg- and fore, islative authority of a municipal cor- Whereas, the applicant is unfit to Be it resolved by the Council of poration may object to the renewal continue to engage in the liquor per- the City of Cleveland: of a permit based upon legal mit business in that he has operat- Section 1. That objection to the grounds as set forth in division (A) ed his liquor permit business in a renewal of a C1 and C2 Liquor Per- of Revised Code Section 4303.292; and manner that demonstrates a disre- mit to 7904 Cedar Avenue, be and Whereas, the applicant is unfit to gard for the laws, regulations or the same is hereby withdrawn and continue to engage in the liquor per- local ordinances of the state, and Res. No. 1257-2000, containing said mit business in that he has operat- that this objection is based on other objection, be and the same is here- ed his liquor permit business in a legal grounds as set forth in by repealed and that this Council manner that demonstrates a disre- Revised Code Section 4303.292; and consents to the immediate renewal gard for the laws, regulations or Whereas, this resolution consti- thereof. Section 2. That this resolution is local ordinances of the state, and tutes an emergency measure provid- hereby declared to be an emergency that this objection is based on other ing for the immediate preservation measure and, provided it receives legal grounds as set forth in of the public peace, prosperity, safe- the affirmative vote of two-thirds of Revised Code Section 4303.292; and ty and welfare pursuant to Section all the members elected to Council, Whereas, this resolution consti- 4303.271 of the Ohio Revised Code, it shall take effect and be in force tutes an emergency measure provid- objections to renewal of liquor per- immediately upon its adoption and ing for the immediate preservation mits shall be made no later than approval by the Mayor; otherwise, it of the public peace, prosperity, safe- thirty days prior to the expiration shall take effect and be in force ty and welfare pursuant to Section date of the permit; now, therefore, from and after the earliest period 4303.271 of the Ohio Revised Code, Be it resolved by the Council of allowed by law. objections to renewal of liquor per- the City of Cleveland: Motion to suspend rules. Charter mits shall be made no later than Section 1. That Council does here- and statutory provisions and place thirty days prior to the expiration by record its objection to the renew- on final passage. date of the permit; now, therefore, al of a D5 and D6 Liquor Permit, The rules were suspended. Yeas Be it resolved by the Council of Permit No. 8843651, owned by 10410 14. Nays 0. Read second time. Read the City of Cleveland: Lorain Ave. Inc., DBA Porky’s Café, third time in full. Adopted. Yeas 14. Section 1. That Council does here- 11120-24 Lorain Ave., 1st Fl. Only Nays 0. by record its objection to the renew- and 11118 Lorain Ave., 1st Fl. Rear, Not answering Roll Call: Council al of a D1, D2, D3 & D3A Liquor Per- Cleveland, Ohio 44111 and requests Member Patmon. mit, Permit No. 9444330, owned by the Director of Liquor Control to set Wayne & Carole Inc., 11619 Lorain a hearing for said application in Res. No. 1415-01. Ave., 1st Fl. & Bsmt., Cleveland, accordance with provisions of Sec- By Councilman Britt. Ohio 44120 and requests the Director tion 4303.271 of the Revised Code of An emergency resolution with- of Liquor Control to set a hearing Ohio. drawing objection to the issuance of for said application in accordance Section 2. That the Clerk of Coun- a C1 Liquor Permit to 8211 Platt with provisions of Section 4303.271 cil be and she is hereby directed to Avenue, and repealing Res. No. 951- of the Revised Code of Ohio. transmit two certified copies of this 01 objecting to said issuance. Section 2. That the Clerk of Coun- resolution, together with two copies Whereas, this Council objected to cil be and she is hereby directed to of a letter of objection and two the issuance of a C1 Liquor Permit transmit two certified copies of this copies of a letter requesting that the to 8211 Platt Avenue by Res. No. 951- resolution, together with two copies hearing be held in Cleveland, Cuya- 01 adopted by Council on May 21, of a letter of objection and two hoga County, and a statement by the 2001; and copies of a letter requesting that the Director of Law that, in the Direc- Whereas, this Council wishes to hearing be held in Cleveland, Cuya- tor’s opinion, the objection is based withdraw its objection to the above hoga County, and a statement by the upon substantial legal grounds with- issuance and consents to said Director of Law that, in the Direc- in the meaning and intent of divi- issuance; and tor’s opinion, the objection is based sion (A) of Section 4303.292 of the Whereas, this resolution consti- upon substantial legal grounds with- Revised Code to the Director of tutes an emergency measure provid- in the meaning and intent of divi- Liquor Control. ing for the usual daily operation of sion (A) of Section 4303.292 of the Section 3. That this resolution is a municipal department; now, there- Revised Code to the Director of hereby declared to be an emergency fore, Liquor Control. measure and, provided it receives Be it resolved by the Council of Section 3. That this resolution is the affirmative vote of two-thirds of the City of Cleveland: hereby declared to be an emergency all the members elected to Council, Section 1. That objection to the measure and, provided it receives it shall take effect and be in force issuance of a C1 Liquor Permit to 8211 Platt Avenue, be and the same the affirmative vote of two-thirds of immediately upon its adoption and is hereby withdrawn and Res. No. all the members elected to Council, approval by the Mayor; otherwise, it 951-01, containing said objection, be it shall take effect and be in force shall take effect and be in force and the same is hereby repealed and immediately upon its adoption and from and after the earliest period that this Council consents to the approval by the Mayor; otherwise, it allowed by law. immediate issuance thereof. shall take effect and be in force Motion to suspend rules. Charter Section 2. That this resolution is from and after the earliest period and statutory provisions and place hereby declared to be an emergency allowed by law. on final passage. measure and, provided it receives Motion to suspend rules. Charter The rules were suspended. Yeas the affirmative vote of two-thirds of and statutory provisions and place 14. Nays 0. Read second time. Read all the members elected to Council, on final passage. third time in full. Adopted. Yeas 14. it shall take effect and be in force The rules were suspended. Yeas Nays 0. immediately upon its adoption and 14. Nays 0. Read second time. Read Not answering Roll Call: Council approval by the Mayor; otherwise, it third time in full. Adopted. Yeas 14. Member Patmon. shall take effect and be in force Nays 0. from and after the earliest period Not answering Roll Call: Council Res. No. 1414-01. allowed by law. Member Patmon. By Councilman Britt. Motion to suspend rules. Charter An emergency resolution with- and statutory provisions and place Res. No. 1413-01. drawing objection to the renewal of on final passage. By Councilman Brady. a C1 and C2 Liquor Permit to 7904 The rules were suspended. Yeas An emergency resolution object- Cedar Avenue, and repealing Res. No. 14. Nays 0. Read second time. Read ing to the renewal of a D5 and D6 1257-2000 objecting to said renewal. third time in full. Adopted. Yeas 14. Liquor Permit at 11120-24 Lorain Whereas, this Council objected to Nays 0. Ave., 1st Fl. Only & 11118 Lorain the renewal of a C1 and C2 Liquor Not answering Roll Call: Council Ave., 1st Fl. Rear. Permit to 7904 Cedar Avenue, and Member Patmon. 1701 36 The City Record July 25, 2001

Res. No. 1416-01. later than thirty days prior to the Whereas, the place for which the By Councilman Cimperman. expiration date of the permit; now, permit is sought is so arranged or An emergency resolution with- t h e r e f o r e , constructed that law enforcement drawing objection to the stock Be it resolved by the Council of officers or agents of the Department transfer of a D5 and D6 Liquor Per- the City of Cleveland: of Liquor Control are prevented rea- mit to 1261-65 West 6th Street, and Section 1. That Council does here- sonable access to the establishment; repealing Res. No. 102-01 objecting by record its objection to the renew- and to said stock transfer. al of a D1, D2, D3, D3A & D6 Liquor Whereas, the place for which the Whereas, this Council objected to Permit, Permit No. 3891460, owned permit is sought is so located with the stock transfer of a D5 and D6 by Hofbrau Haus Inc., 1400 East respect to the neighborhood that it Liquor Permit to 1261-65 West 6th 55th Street, 1st Fl. & Bsmt., Cleve- substantially interferes with public Street by Res. No. 102-01 adopted by land, Ohio 44103 and requests the decency, sobriety, peace or good Council on January 22, 2001; and Director of Liquor Control to set a order; and Whereas, this Council wishes to hearing for said application in Whereas, this objection is based withdraw its objection to the above accordance with provisions of Sec- on other legal grounds as set forth stock transfer and consents to said tion 4303.271 of the Revised Code of in Revised Code Section 4303.292; and stock transfer; and Ohio. Whereas, this resolution consti- Whereas, this resolution consti- Section 2. That the Clerk of Coun- tutes an emergency measure provid- tutes an emergency measure for the cil be and she is hereby directed to ing for the immediate preservation immediate preservation of public transmit two certified copies of this of the public peace, prosperity, safe- peace, property, health or safety, resolution, together with two copies ty and welfare pursuant to Section now, therefore, of a letter of objection and two 4303.26 of the Ohio Revised Code. Be it resolved by the Council of copies of a letter requesting that the Council’s objection to said permit the City of Cleveland: hearing be held in Cleveland, Cuya- must be received by the Director of Section 1. That objection to the hoga County, and a statement by the Liquor Control within 30 days of stock transfer of a D5 and D6 Director of Law that, in the Direc- notification; now, therefore, Liquor Permit to 1261-65 West 6th tor’s opinion, the objection is based Be it resolved by the Council of Street, be and the same is hereby upon substantial legal grounds with- the City of Cleveland: withdrawn and Res. No. 102-01, con- in the meaning and intent of divi- Section 1. That Council does here- taining said objection, be and the sion (A) of Section 4303.292 of the by record its objection to the trans- same is hereby repealed and that Revised Code to the Director of fer of ownership and location of a this Council consents to the imme- Liquor Control. D1, D2, D3, D3A and D6 Liquor Per- diate stock transfer thereof. Section 3. That this resolution is mit from Permit No. 8200099, Sixty Section 3. That this resolution is hereby declared to be an emergency Nine Inc., 10025 Lorain Avenue, hereby declared to be an emergency measure and, provided it receives Cleveland, Ohio 44111, to Permit No. measure and, provided it receives the affirmative vote of two-thirds of 1970633, Christopher M. Davis, DBA the affirmative vote of two-thirds of all the members elected to Council, Hybrid, 1281 West 9th Street, Cleve- all the members elected to Council, it shall take effect and be in force land, Ohio 44113 and requests the it shall take effect and be in force immediately upon its adoption and Director of Liquor Control to set a immediately upon its adoption and approval by the Mayor; otherwise, it hearing for said application in approval by the Mayor; otherwise it shall take effect and be in force accordance with provisions of Sec- shall take effect and be in force from and after the earliest period tion 4303.26 of the Revised Code of from and after the earliest period allowed by law. Ohio. allowed by law. Motion to suspend rules. Charter Section 2. That the Clerk of Coun- Motion to suspend rules. Charter and statutory provisions and place cil be and she is hereby directed to and statutory provisions and place on final passage. transmit two certified copies of this on final passage. The rules were suspended. Yeas resolution, together with two copies The rules were suspended. Yeas 14. Nays 0. Read second time. Read of a letter of objection and two 14. Nays 0. Read second time. Read third time in full. Adopted. Yeas 14. copies of a letter requesting that the third time in full. Adopted. Yeas 14. Nays 0. hearing be held in Cleveland, Cuya- Nays 0. Not answering Roll Call: Council hoga County. Not answering Roll Call: Council Member Patmon. Section 3. That this resolution is Member Patmon. hereby declared to be an emergency Res. No. 1418-01. measure and, provided it receives Res. No. 1417-01. By Councilman Cimperman. the affirmative vote of two-thirds of By Councilman Cimperman. An emergency resolution object- all the members elected to Council, An emergency resolution object- ing to the transfer of ownership and it shall take effect and be in force ing to the renewal of a D1, D2, D3, location of a D1, D2, D3, D3A and immediately upon its adoption and D3A & D6 Liquor Permit at 1400 D6 Liquor Permit to 1281 West 9th approval by the Mayor; otherwise, it East 55th St., 1st Fl. & Bsmt. Street. shall take effect and be in force Whereas, the uniform date for Whereas, Council has been noti- from and after the earliest period renewal of liquor permits in the fied by the Director of Liquor Con- allowed by law. State of Ohio is October 1st; and trol of an application for the trans- Motion to suspend rules. Charter Whereas, pursuant to Section fer of ownership and location of a and statutory provisions and place 4303.271 of the Revised Code, the D1, D2, D3, D3A and D6 Liquor Per- on final passage. legislative authority of a municipal mit from Permit No. 8200099, Sixty The rules were suspended. Yeas corporation may object to the Nine Inc., 10025 Lorain Avenue, 14. Nays 0. Read second time. Read renewal of a permit based upon Cleveland, Ohio 44111, to Permit No. third time in full. Adopted. Yeas 14. legal grounds as set forth in divi- 1970633, Christopher M. Davis, DBA Nays 0. sion (A) of Revised Code Section Hybrid, 1281 West 9th Street, Cleve- Not answering Roll Call: Council 4303.292; and land, Ohio 44113; and Member Patmon. Whereas, the applicant is unfit to Whereas, the granting of this continue to engage in the liquor per- application for a liquor permit to Res. No. 1419-01. mit business in that he has operat- this high crime area, which is By Councilman Cimperman. ed his liquor permit business in a already saturated with other liquor An emergency resolution object- manner that demonstrates a disre- outlets, is contrary to the best inter- ing to the renewal of a D1, D2 & D3 gard for the laws, regulations or ests of the entire community; and Liquor Permit at 1299 West 9th local ordinances of the state, and Whereas, the applicant does not Street, 1st Fl. & Bsmt. that this objection is based on other qualify to be a permit holder and/or Whereas, the uniform date for legal grounds as set forth in has demonstrated that he has oper- renewal of liquor permits in the Revised Code Section 4303.292; and ated his liquor business in disregard State of Ohio is October 1st; and Whereas, this resolution consti- of the laws, regulations or local Whereas, pursuant to Section tutes an emergency measure pro- ordinances of this state or any other 4303.271 of the Revised Code, the viding for the immediate preserva- state; and legislative authority of a municipal tion of the public peace, prosperity, Whereas, the place for which the corporation may object to the renew- safety and welfare pursuant to Sec- permit is sought has not conformed al of a permit based upon legal tion 4303.271 of the Ohio Revised to the building, safety or health grounds as set forth in division (A) Code, objections to renewal of requirements of the governing body of Revised Code Section 4303.292; liquor permits shall be made no of this County or City; and and 1702 July 25, 2001 The City Record 37

Whereas, the applicant is unfit to ed his liquor permit business in a Whereas, this Council wants to continue to engage in the liquor per- manner that demonstrates a disre- ensure that high quality health care mit business in that he has operat- gard for the laws, regulations or services are conveniently and effi- ed his liquor permit business in a local ordinances of the state, and ciently accessible to all citizens of manner that demonstrates a disre- that this objection is based on other the City of Cleveland regardless of gard for the laws, regulations or legal grounds as set forth in their social or economic circum- local ordinances of the state, and Revised Code Section 4303.292; and stances, and to encourage the citi- that this objection is based on other Whereas, this resolution consti- zens of the City to seek health care legal grounds as set forth in tutes an emergency measure provid- when needed by providing neigh- Revised Code Section 4303.292; and ing for the immediate preservation borhood-based clinics for outpatient Whereas, this resolution consti- of the public peace, prosperity, safe- primary care; and tutes an emergency measure provid- ty and welfare pursuant to Section Whereas, the Council of the City ing for the immediate preservation 4303.271 of the Ohio Revised Code, of Cleveland is concerned that cur- of the public peace, prosperity, safe- objections to renewal of liquor per- rent Ohio law and regulations dis- ty and welfare pursuant to Section mits shall be made no later than courage patients from seeking 4303.271 of the Ohio Revised Code, thirty days prior to the expiration health care at convenient neighbor- objections to renewal of liquor per- date of the permit; now, therefore, hood health care clinics and make mits shall be made no later than Be it resolved by the Council of it difficult for municipally-owned thirty days prior to the expiration the City of Cleveland: neighborhood clinics to serve all date of the permit; now, therefore, Section 1. That Council does here- those who come into their facilities Be it resolved by the Council of by record its objection to the renew- due to the existence of separate pri- the City of Cleveland: al of a D1, D2, D3 & D3A Liquor Per- vate Medicaid insurance providers Section 1. That Council does here- mit, Permit No. 44656470001, owned in the State with which health care by record its objection to the renew- by Kamms Korner Tavern Inc., DBA providers at such clinics must inde- al of a D1, D2 & D3 Liquor Permit, Kilbanes Restaurant & Pub, 16800 pendently contract for coverage and Permit No. 6554957, owned by 1299 Lorain Avenue, Cleveland, Ohio patients must independently choose Corp., 1299 West 9th Street, 1st Fl. 44111 and requests the Director of for their health care insurance cov- & Bsmt., Cleveland Ohio 44113 and Liquor Control to set a hearing for erage; now therefore requests the Director of Liquor Con- said application in accordance with Be it resolved by the Council of trol to set a hearing for said appli- provisions of Section 4303.271 of the the City of Cleveland: cation in accordance with provisions Revised Code of Ohio. Section 1. That this Council urges of Section 4303.271 of the Revised Section 2. That the Clerk of Coun- the Ohio General Assembly and Gov- Code of Ohio. cil be and she is hereby directed to ernor Taft to support and adopt leg- Section 2. That the Clerk of Coun- transmit two certified copies of this islation that authorizes health care cil be and she is hereby directed to resolution, together with two copies service providers at municipally- transmit two certified copies of this of a letter of objection and two owned neighborhood health care resolution, together with two copies copies of a letter requesting that the clinics to accept all patients for care of a letter of objection and two hearing be held in Cleveland, Cuya- who are on Medicaid health care copies of a letter requesting that the hoga County, and a statement by the insurance plans, regardless of hearing be held in Cleveland, Cuya- Director of Law that, in the Direc- whether or not the provider is with- hoga County, and a statement by the tor’s opinion, the objection is based in the network of a patient’s Med- Director of Law that, in the Direc- upon substantial legal grounds with- icaid insurance plan, and authoriz- tor’s opinion, the objection is based in the meaning and intent of divi- ing such “out-of-plan” health care upon substantial legal grounds with- sion (A) of Section 4303.292 of the providers to bill and be paid in the meaning and intent of divi- Revised Code to the Director of through any patient’s Medicaid sion (A) of Section 4303.292 of the Liquor Control. insurer. Revised Code to the Director of Section 3. That this resolution is Section 2. That this Council urges Liquor Control. hereby declared to be an emergency the Ohio General Assembly and Gov- Section 3. That this resolution is measure and, provided it receives ernor Taft to support and adopt leg- hereby declared to be an emergency the affirmative vote of two-thirds of islation that requires Medicaid measure and, provided it receives all the members elected to Council, health care insurers contracting the affirmative vote of two-thirds of it shall take effect and be in force with the State of Ohio not to disap- all the members elected to Council, immediately upon its adoption and prove for payment the bills for it shall take effect and be in force approval by the Mayor; otherwise, it health care services at municipally- immediately upon its adoption and shall take effect and be in force owned neighborhood health care approval by the Mayor; otherwise, it from and after the earliest period facilities solely on the basis that the shall take effect and be in force allowed by law. provider of such health care is out- from and after the earliest period Motion to suspend rules. Charter side the Medicaid insurer’s network allowed by law. and statutory provisions and place of providers. Motion to suspend rules. Charter on final passage. Section 3. That upon approval, the and statutory provisions and place The rules were suspended. Yeas Clerk of City Council is hereby on final passage. 14. Nays 0. Read second time. Read directed to deliver a copy of this The rules were suspended. Yeas third time in full. Adopted. Yeas 14. Resolution to Governor Taft, the 14. Nays 0. Read second time. Read Nays 0. Mayor, the Director of Public third time in full. Adopted. Yeas 14. Not answering Roll Call: Council Health, the Commissioner of Health, Nays 0. Member Patmon. and to the Ohio State Representa- Not answering Roll Call: Council tives and Senators representing the Member Patmon. Res. No. 1421-01. citizens of Cleveland in the Ohio By Councilman Gordon. General Assembly. Res. No. 1420-01. An emergency resolution urging Section 4. That this resolution is By Councilman Dolan. that the Ohio General Assembly and hereby declared to be an emergency An emergency resolution object- Governor Taft support and adopt measure and, provided it receives ing to the renewal of a D1, D2, D3 legislation requiring that Medicaid the affirmative vote of two-thirds of & D3A Liquor Permit at 16800 health care insurance providers in all the members elected to Council, Lorain Avenue. Ohio accept and pay patient billings it shall take effect and be in force Whereas, the uniform date for from out of network providers locat- immediately upon its adoption and renewal of liquor permits in the ed at municipally-owned and/or approval by the Mayor; otherwise it State of Ohio is October 1st; and operated neighborhood health clin- shall take effect and be in force Whereas, pursuant to Section ics. from and after the earliest period 4303.271 of the Revised Code, the Whereas, the City of Cleveland allowed by law. legislative authority of a municipal owns and/or operates a number of Motion to suspend rules. Charter corporation may object to the renew- neighborhood outpatient health clin- and statutory provisions and place al of a permit based upon legal ics; and on final passage. grounds as set forth in division (A) Whereas, the City’s neighborhood The rules were suspended. Yeas of Revised Code Section 4303.292; outpatient health clinics provide 14. Nays 0. Read second time. Read and convenient facilities for health ser- third time in full. Adopted. Yeas 14. Whereas, the applicant is unfit to vices to the general public without Nays 0. continue to engage in the liquor per- discrimination by reason of race, Not answering Roll Call: Council mit business in that he has operat- creed, color or national origin; and Member Patmon. 1703 38 The City Record July 25, 2001

Res. No. 1422-01. it shall take effect and be in force The rules were suspended. Yeas By Councilman Jackson. immediately upon its adoption and 14. Nays 0. Read second time. Read An emergency resolution with- approval by the Mayor; otherwise, it third time in full. Adopted. Yeas 14. drawing objection to the issuance of shall take effect and be in force Nays 0. a C1 Liquor Permit to 6206 Wood- from and after the earliest period Not answering Roll Call: Council land Avenue, and repealing Res. No. allowed by law. Member Patmon. 186-01 objecting to said issuance. Motion to suspend rules. Charter Whereas, this Council objected to and statutory provisions and place Res. No. 1425-01. the issuance of a C1 Liquor Permit on final passage. By Councilman Johnson. to 6206 Woodland Avenue by Res. The rules were suspended. Yeas An emergency resolution object- No. 186-01 adopted by Council on 14. Nays 0. Read second time. Read ing to the renewal of a C2 and C2X February 5, 2001; and third time in full. Adopted. Yeas 14. Liquor Permit at 3314 East 93rd Whereas, this Council wishes to Nays 0. Street. withdraw its objection to the above Not answering Roll Call: Council Whereas, the uniform date for issuance and consents to said Member Patmon. renewal of liquor permits in the issuance; and State of Ohio is October 1st; and Whereas, this resolution consti- Res. No. 1424-01. Whereas, pursuant to Section tutes an emergency measure provid- By Councilman Johnson. 4303.271 of the Revised Code, the ing for the usual daily operation of An emergency resolution object- legislative authority of a municipal a municipal department; now, there- ing to the renewal of a C2 and C2X corporation may object to the renew- fore, Liquor Permit at 11312 Buckeye Rd. al of a permit based upon legal Be it resolved by the Council of Whereas, the uniform date for grounds as set forth in division (A) the City of Cleveland: renewal of liquor permits in the of Revised Code Section 4303.292; Section 1. That objection to the State of Ohio is October 1st; and and issuance of a C1 Liquor Permit to Whereas, pursuant to Section Whereas, the applicant is unfit to 6206 Woodland Avenue, be and the 4303.271 of the Revised Code, the continue to engage in the liquor same is hereby withdrawn and Res. legislative authority of a municipal permit business in that he has oper- No. 186-01, containing said objection, corporation may object to the renew- ated his liquor permit business in a be and the same is hereby repealed al of a permit based upon legal manner that demonstrates a disre- and that this Council consents to the grounds as set forth in division (A) gard for the laws, regulations or immediate issuance thereof. of Revised Code Section 4303.292; local ordinances of the state, and Section 2. That this resolution is and that this objection is based on other hereby declared to be an emergency Whereas, the applicant is unfit to legal grounds as set forth in measure and, provided it receives continue to engage in the liquor per- Revised Code Section 4303.292; and the affirmative vote of two-thirds of mit business in that he has operat- Whereas, this resolution consti- all the members elected to Council, ed his liquor permit business in a tutes an emergency measure pro- it shall take effect and be in force manner that demonstrates a disre- viding for the immediate preserva- immediately upon its adoption and gard for the laws, regulations or tion of the public peace, prosperity, approval by the Mayor; otherwise, it local ordinances of the state, and safety and welfare pursuant to Sec- shall take effect and be in force that this objection is based on other tion 4303.271 of the Ohio Revised from and after the earliest period legal grounds as set forth in Code, objections to renewal of allowed by law. Revised Code Section 4303.292; and liquor permits shall be made no Motion to suspend rules. Charter Whereas, this resolution consti- later than thirty days prior to the and statutory provisions and place tutes an emergency measure provid- expiration date of the permit; now, on final passage. ing for the immediate preservation t h e r e f o r e , The rules were suspended. Yeas of the public peace, prosperity, safe- Be it resolved by the Council of 14. Nays 0. Read second time. Read ty and welfare pursuant to Section the City of Cleveland: third time in full. Adopted. Yeas 14. 4303.271 of the Ohio Revised Code, Section 1. That Council does here- objections to renewal of liquor per- Nays 0. by record its objection to the renew- mits shall be made no later than Not answering Roll Call: Council al of a C2 and C2X Liquor Permit, thirty days prior to the expiration Member Patmon. Permit No. 81853120002, owned by date of the permit; now, therefore, Lester Sinclair, DBA Cross Town Be it resolved by the Council of Res. No. 1423-01. Beverage, 3314 East 93rd Street, the City of Cleveland: By Councilman Johnson. Section 1. That Council does here- Cleveland, Ohio 44104 and requests An emergency resolution with- by record its objection to the renew- the Director of Liquor Control to set drawing objection to the transfer of al of a C2 and C2X Liquor Permit, a hearing for said application in ownership and location of a D1, D2, Permit No. 7742555, owned by Gene accordance with provisions of Sec- D3 and D3A Liquor Permit to 13120 A. Sardon, Genes Corner Beverage tion 4303.271 of the Revised Code of Shaker Square, and repealing Res. Store #1, 11312 Buckeye Road, Ohio. No. 1181-01 objecting to said trans- Cleveland, Ohio 44104 and requests Section 2. That the Clerk of Coun- fer of ownership and location. the Director of Liquor Control to set cil be and she is hereby directed to Whereas, this Council objected to a hearing for said application in transmit two certified copies of this the transfer of ownership and loca- accordance with provisions of Sec- resolution, together with two copies tion of a D1, D2, D3 and D3A Liquor tion 4303.271 of the Revised Code of of a letter of objection and two Permit to 13120 Shaker Square by Ohio. copies of a letter requesting that the Res. No. 1181-01 adopted by Council Section 2. That the Clerk of Coun- hearing be held in Cleveland, Cuya- June 11, 2001; and cil be and she is hereby directed to hoga County, and a statement by the Whereas, this Council wishes to transmit two certified copies of this Director of Law that, in the Direc- withdraw its objection to the above resolution, together with two copies tor’s opinion, the objection is based transfer of ownership and location of a letter of objection and two upon substantial legal grounds with- and consents to said transfer of copies of a letter requesting that the in the meaning and intent of divi- ownership and location; and hearing be held in Cleveland, Cuya- sion (A) of Section 4303.292 of the Whereas, this resolution consti- hoga County, and a statement by the Revised Code to the Director of tutes an emergency measure provid- Director of Law that, in the Direc- Liquor Control. ing for the usual daily operation of tor’s opinion, the objection is based Section 3. That this resolution is a municipal department; now, there- upon substantial legal grounds with- hereby declared to be an emergency fore, in the meaning and intent of divi- measure and, provided it receives Be it resolved by the Council of sion (A) of Section 4303.292 of the the affirmative vote of two-thirds of the City of Cleveland: Revised Code to the Director of all the members elected to Council, Section 1. That objection to the Liquor Control. it shall take effect and be in force transfer of ownership and location Section 3. That this resolution is immediately upon its adoption and of a D1, D2, D3 and D3A Liquor Per- hereby declared to be an emergency approval by the Mayor; otherwise, it mit to 13120 Shaker Square, be and measure and, provided it receives shall take effect and be in force the same is hereby withdrawn and the affirmative vote of two-thirds of from and after the earliest period Res. No. 1181-01, containing said all the members elected to Council, allowed by law. objection, be and the same is here- it shall take effect and be in force Motion to suspend rules. Charter by repealed and that this Council immediately upon its adoption and and statutory provisions and place consents to the immediate transfer approval by the Mayor; otherwise it on final passage. of ownership and location thereof. shall take effect and be in force The rules were suspended. Yeas Section 2. That this resolution is from and after the earliest period 14. Nays 0. Read second time. Read hereby declared to be an emergency allowed by law. third time in full. Adopted. Yeas 14. measure and, provided it receives Motion to suspend rules. Charter Nays 0. the affirmative vote of two-thirds of and statutory provisions and place Not answering Roll Call: Council all the members elected to Council, on final passage. Member Patmon. 1704 July 25, 2001 The City Record 39

Res. No. 1426-01. islative authority of a municipal cor- manner that demonstrates a disre- By Councilman Johnson. poration may object to the renewal gard for the laws, regulations or An emergency resolution objecting of a permit based upon legal local ordinances of the state, and to the renewal of a C1 and C2 Liquor grounds as set forth in division (A) that this objection is based on other Permit at 2976 East 116th Street. of Revised Code Section 4303.292; and legal grounds as set forth in Whereas, the uniform date for Whereas, the applicant is unfit to Revised Code Section 4303.292; and renewal of liquor permits in the continue to engage in the liquor per- Whereas, this resolution consti- State of Ohio is October 1st; and mit business in that he has operat- tutes an emergency measure provid- Whereas, pursuant to Section ed his liquor permit business in a ing for the immediate preservation 4303.271 of the Revised Code, the leg- manner that demonstrates a disre- of the public peace, prosperity, safe- islative authority of a municipal cor- gard for the laws, regulations or ty and welfare pursuant to Section poration may object to the renewal local ordinances of the state, and 4303.271 of the Ohio Revised Code, of a permit based upon legal that this objection is based on other objections to renewal of liquor per- grounds as set forth in division (A) legal grounds as set forth in mits shall be made no later than of Revised Code Section 4303.292; and Revised Code Section 4303.292; and thirty days prior to the expiration Whereas, the applicant is unfit to Whereas, this resolution consti- date of the permit; now, therefore, continue to engage in the liquor per- tutes an emergency measure provid- Be it resolved by the Council of mit business in that he has operat- ing for the immediate preservation the City of Cleveland: ed his liquor permit business in a of the public peace, prosperity, safe- Section 1. That Council does here- manner that demonstrates a disre- ty and welfare pursuant to Section by record its objection to the renew- gard for the laws, regulations or 4303.271 of the Ohio Revised Code, al of a C1 Liquor Permit, Permit No. local ordinances of the state, and objections to renewal of liquor per- 8916607, owned by 3249 East 143rd that this objection is based on other mits shall be made no later than Street, 1st Fl. Front & Bsmt., Cleve- legal grounds as set forth in thirty days prior to the expiration land, Ohio 44120 and requests the Revised Code Section 4303.292; and date of the permit; now, therefore, Director of Liquor Control to set a Whereas, this resolution consti- Be it resolved by the Council of hearing for said application in tutes an emergency measure provid- the City of Cleveland: accordance with provisions of Sec- ing for the immediate preservation Section 1. That Council does here- tion 4303.271 of the Revised Code of of the public peace, prosperity, safe- by record its objection to the renew- Ohio. ty and welfare pursuant to Section al of a D1, D2, D3 and D3A Liquor Section 2. That the Clerk of Coun- 4303.271 of the Ohio Revised Code, Permit, Permit No. 4580028, owned by cil be and she is hereby directed to objections to renewal of liquor per- Kendrick Lounge Inc., DBA Club transmit two certified copies of this mits shall be made no later than 123, 3065-77 East 123rd Street, Cleve- resolution, together with two copies thirty days prior to the expiration land, Ohio 44120 and requests the of a letter of objection and two date of the permit; now, therefore, Director of Liquor Control to set a copies of a letter requesting that the Be it resolved by the Council of hearing for said application in accor- hearing be held in Cleveland, Cuya- the City of Cleveland: dance with provisions of Section hoga County, and a statement by the Section 1. That Council does here- 4303.271 of the Revised Code of Ohio. Director of Law that, in the Direc- by record its objection to the renew- Section 2. That the Clerk of Coun- tor’s opinion, the objection is based al of a C1 and C2 Liquor Permit, cil be and she is hereby directed to upon substantial legal grounds with- Permit No. 5179902, owned by Lez transmit two certified copies of this in the meaning and intent of divi- Inc., DBA Moes Food Mart, 2976 East resolution, together with two copies sion (A) of Section 4303.292 of the 116th Street, Cleveland, Ohio 44120 of a letter of objection and two Revised Code to the Director of and requests the Director of Liquor copies of a letter requesting that the Liquor Control. Control to set a hearing for said hearing be held in Cleveland, Cuya- Section 3. That this resolution is application in accordance with pro- hoga County, and a statement by the hereby declared to be an emergency visions of Section 4303.271 of the Director of Law that, in the Direc- measure and, provided it receives Revised Code of Ohio. tor’s opinion, the objection is based the affirmative vote of two-thirds of Section 2. That the Clerk of Coun- upon substantial legal grounds with- all the members elected to Council, cil be and she is hereby directed to in the meaning and intent of divi- it shall take effect and be in force transmit two certified copies of this sion (A) of Section 4303.292 of the immediately upon its adoption and resolution, together with two copies Revised Code to the Director of approval by the Mayor; otherwise, it of a letter of objection and two Liquor Control. shall take effect and be in force copies of a letter requesting that the Section 3. That this resolution is from and after the earliest period hearing be held in Cleveland, Cuya- hereby declared to be an emergency allowed by law. hoga County, and a statement by the measure and, provided it receives Motion to suspend rules. Charter Director of Law that, in the Direc- the affirmative vote of two-thirds of and statutory provisions and place tor’s opinion, the objection is based all the members elected to Council, on final passage. upon substantial legal grounds with- it shall take effect and be in force The rules were suspended. Yeas in the meaning and intent of divi- immediately upon its adoption and 14. Nays 0. Read second time. Read sion (A) of Section 4303.292 of the approval by the Mayor; otherwise, it third time in full. Adopted. Yeas 14. Revised Code to the Director of shall take effect and be in force Nays 0. Liquor Control. from and after the earliest period Not answering Roll Call: Council Section 3. That this resolution is allowed by law. Member Patmon. hereby declared to be an emergency Motion to suspend rules. Charter measure and, provided it receives and statutory provisions and place Res. No. 1429-01. the affirmative vote of two-thirds of on final passage. By Councilman Jones. all the members elected to Council, The rules were suspended. Yeas An emergency resolution object- it shall take effect and be in force 14. Nays 0. Read second time. Read ing to the transfer of ownership and immediately upon its adoption and third time in full. Adopted. Yeas 14. location of a C2 and C2X Liquor Per- approval by the Mayor; otherwise, it Nays 0. mit to 13800 Harvard Ave., 1st Fl. shall take effect and be in force Not answering Roll Call: Council Whereas, Council has been noti- from and after the earliest period Member Patmon. fied by the Director of Liquor Con- allowed by law. trol of an application for the trans- Motion to suspend rules. Charter Res. No. 1428-01. fer of ownership and location of a and statutory provisions and place By Councilman Johnson. C2 and C2X Liquor Permit from Per- on final passage. An emergency resolution object- mit No. 9804504, Y & A Grocery Inc., The rules were suspended. Yeas ing to the renewal of a C1 Liquor 3852 East 123rd Street, Cleveland, 14. Nays 0. Read second time. Read Permit at 3249 East 143rd Street, 1st Ohio 44105, to Permit No. 0066473, third time in full. Adopted. Yeas 14. Fl. Front & Bsmt. Adham Inc., DBA Adham Food Mar- Nays 0. Whereas, the uniform date for ket, 13800 Harvard Ave., 1st Fl., Not answering Roll Call: Council renewal of liquor permits in the Cleveland, Ohio 44105; and Member Patmon. State of Ohio is October 1st; and Whereas, the granting of this Whereas, pursuant to Section application for a liquor permit to Res. No. 1427-01. 4303.271 of the Revised Code, the this high crime area, which is By Councilman Johnson. legislative authority of a municipal already saturated with other liquor An emergency resolution object- corporation may object to the renew- outlets, is contrary to the best inter- ing to the renewal of a D1, D2, D3 al of a permit based upon legal ests of the entire community; and and D3A Liquor Permit at 3065-77 grounds as set forth in division (A) Whereas, the applicant does not East 123rd Street. of Revised Code Section 4303.292; qualify to be a permit holder and/or Whereas, the uniform date for and has demonstrated that he has oper- renewal of liquor permits in the Whereas, the applicant is unfit to ated his liquor business in disregard State of Ohio is October 1st; and continue to engage in the liquor per- of the laws, regulations or local Whereas, pursuant to Section mit business in that he has operat- ordinances of this state or any other 4303.271 of the Revised Code, the leg- ed his liquor permit business in a state; and 1705 40 The City Record July 25, 2001

Whereas, the place for which the June 18, 2001 a copy of which is in Be it resolved by the Council of permit is sought has not conformed the City of Cleveland’s Law Depart- the City of Cleveland: to the building, safety or health ment; and Section 1. That Council does here- requirements of the governing body Whereas, this resolution consti- by record its objection to the of this County or City; and tutes an emergency measure provid- issuance of a C1 Liquor Permit to Whereas, the place for which the ing for the usual daily operation of Permit No. 7467795, Norma Rodri- permit is sought is so arranged or a municipal department; now, there- guez, DBA Grocery Store, 5718 constructed that law enforcement offi- fore, Bridge Ave., Cleveland, Ohio 44102 cers or agents of the Department of Be it resolved by the Council of and requests the Director of Liquor Liquor Control are prevented reason- the City of Cleveland: Control to set a hearing for said able access to the establishment; and Section 1. That objection to the application in accordance with pro- Whereas, the place for which the issuance of a C1 Liquor Permit to visions of Section 4303.26 of the permit is sought is so located with 9200 Wade Park Avenue, Unit EA10, Revised Code of Ohio. respect to the neighborhood that it be and the same is hereby with- Section 2. That the Clerk of Coun- substantially interferes with public drawn and Res. No. 755-01, contain- cil be and she is hereby directed to decency, sobriety, peace or good ing said objection, be and the same transmit two certified copies of this order; and is hereby repealed and that this resolution, together with two copies Whereas, this objection is based Council consents to the immediate of a letter of objection and two on other legal grounds as set forth issuance thereof. copies of a letter requesting that the in Revised Code Section 4303.292; and Section 2. That this resolution is hearing be held in Cleveland, Cuya- Whereas, this resolution consti- hereby declared to be an emergency hoga County. tutes an emergency measure provid- measure and, provided it receives Section 3. That this resolution is ing for the immediate preservation the affirmative vote of two-thirds of hereby declared to be an emergency of the public peace, prosperity, safe- all the members elected to Council, measure and, provided it receives ty and welfare pursuant to Section it shall take effect and be in force the affirmative vote of two-thirds of 4303.26 of the Ohio Revised Code. immediately upon its adoption and all the members elected to Council, Council’s objection to said permit approval by the Mayor; otherwise it it shall take effect and be in force must be received by the Director of shall take effect and be in force immediately upon its adoption and Liquor Control within 30 days of from and after the earliest period approval by the Mayor; otherwise, it notification; now, therefore, allowed by law. shall take effect and be in force Be it resolved by the Council of Motion to suspend rules. Charter from and after the earliest period the City of Cleveland: and statutory provisions and place allowed by law. Section 1. That Council does here- on final passage. Motion to suspend rules. Charter by record its objection to the trans- The rules were suspended. Yeas and statutory provisions and place fer of ownership and location of a 14. Nays 0. Read second time. Read on final passage. C2 and C2X Liquor Permit from Per- third time in full. Adopted. Yeas 14. The rules were suspended. Yeas mit No. 9804504, Y & A Grocery Inc., Nays 0. 14. Nays 0. Read second time. Read 3852 East 123rd Street, Cleveland, Not answering Roll Call: Council third time in full. Adopted. Yeas 14. Ohio 44105, to Permit No. 0066473, Member Patmon. Nays 0. Adham Inc., DBA Adham Food Mar- Not answering Roll Call: Council ket, 13800 Harvard Ave., 1st Fl., Res. No. 1431-01. Member Patmon. Cleveland, Ohio 44105 and requests By Councilman Melena. the Director of Liquor Control to set An emergency resolution object- Res. No. 1432-01. a hearing for said application in ing to the issuance of a C1 Liquor By Councilman Melena. accordance with provisions of Sec- Permit to 5718 Bridge Avenue. An emergency resolution with- tion 4303.26 of the Revised Code of Whereas, Council has been notified drawing objection to the transfer of Ohio. by the Director of Liquor Control of location of a C1 Liquor Permit to Section 2. That the Clerk of Coun- an application for the issuance of a 5009 Detroit Avenue, and repealing cil be and she is hereby directed to C1 Liquor Permit to Permit No. Res. No. 236-01 objecting to said transmit two certified copies of this 7467795, Norma Rodriguez, DBA Gro- transfer of location. resolution, together with two copies cery Store, 5718 Bridge Ave., Cleve- Whereas, this Council objected to of a letter of objection and two land, Ohio 44102; and the transfer of location of a C1 copies of a letter requesting that the Whereas, the granting of this Liquor Permit to 5009 Detroit hearing be held in Cleveland, Cuya- application for a liquor permit to Avenue by Res. No. 236-01 adopted hoga County. this high crime area, which is by Council on February 12, 2001; and Section 3. That this resolution is already saturated with other liquor Whereas, this Council wishes to hereby declared to be an emergency outlets, is contrary to the best inter- withdraw its objection to the above measure and, provided it receives ests of the entire community; and transfer of location and consents to the affirmative vote of two-thirds of Whereas, the applicant does not said transfer of location; and all the members elected to Council, qualify to be a permit holder and/or Whereas, this resolution consti- it shall take effect and be in force has demonstrated that he has oper- tutes an emergency measure provid- immediately upon its adoption and ated his liquor business in disregard ing for the usual daily operation of approval by the Mayor; otherwise, it of the laws, regulations or local a municipal department; now, there- shall take effect and be in force ordinances of this state or any other fore, from and after the earliest period state; and Be it resolved by the Council of allowed by law. Whereas, the place for which the the City of Cleveland: Motion to suspend rules. Charter permit is sought has not conformed Section 1. That objection to the and statutory provisions and place to the building, safety or health transfer of location of a C1 Liquor on final passage. requirements of the governing body Permit to 5009 Detroit Avenue, be The rules were suspended. Yeas of this County or City; and and the same is hereby withdrawn 14. Nays 0. Read second time. Read Whereas, the place for which the and Res. No. 236-01, containing said third time in full. Adopted. Yeas 14. permit is sought is so arranged or objection, be and the same is here- Nays 0. constructed that law enforcement offi- by repealed and that this Council Not answering Roll Call: Council cers or agents of the Department of consents to the immediate transfer Member Patmon. Liquor Control are prevented reason- of location thereof. able access to the establishment; and Section 2. That this resolution is Res. No. 1430-01. Whereas, the place for which the hereby declared to be an emergency By Councilman Lewis. permit is sought is so located with measure and, provided it receives An emergency resolution with- respect to the neighborhood that it the affirmative vote of two-thirds of drawing objection to the issuance of substantially interferes with public all the members elected to Council, a C1 Liquor Permit to 9200 Wade decency, sobriety, peace or good it shall take effect and be in force Park Avenue, Unit EA10, and repeal- order; and immediately upon its adoption and ing Res. No. 755-01 objecting to said Whereas, this objection is based approval by the Mayor; otherwise, it issuance. on other legal grounds as set forth shall take effect and be in force Whereas, this Council objected to in Revised Code Section 4303.292; and from and after the earliest period the issuance of a C1 Liquor Permit Whereas, this resolution consti- allowed by law. to 9200 Wade Park Avenue, Unit tutes an emergency measure provid- Motion to suspend rules. Charter EA10 by Res. No. 755-01 adopted by ing for the immediate preservation and statutory provisions and place Council on April 30, 2001; and of the public peace, prosperity, safe- on final passage. Whereas, this Council wishes to ty and welfare pursuant to Section The rules were suspended. Yeas withdraw its objection to the above 4303.26 of the Ohio Revised Code. 14. Nays 0. Read second time. Read issuance and consents to said Council’s objection to said permit third time in full. Adopted. Yeas 14. issuance pursuant to a cooperation must be received by the Director of Nays 0. agreement signed between the Coun- Liquor Control within 30 days of Not answering Roll Call: Council cil person and the permit holder on notification; now, therefore, Member Patmon. 1706 July 25, 2001 The City Record 41

Res. No. 1433-01. approval by the Mayor; otherwise, it gard for the laws, regulations or By Councilman Patmon. shall take effect and be in force local ordinances of the state, and An emergency resolution object- from and after the earliest period that this objection is based on other ing to the transfer of ownership of allowed by law. legal grounds as set forth in a C2, C2X and D6 Liquor Permit to Motion to suspend rules. Charter Revised Code Section 4303.292; and 584 East 102nd St., 1st Fl. Only. and statutory provisions and place Whereas, this resolution consti- Whereas, Council has been noti- on final passage. tutes an emergency measure provid- fied by the Director of Liquor Con- The rules were suspended. Yeas ing for the immediate preservation trol of an application for the trans- 14. Nays 0. Read second time. Read of the public peace, prosperity, safe- fer of ownership of a C2, C2X and third time in full. Adopted. Yeas 14. ty and welfare pursuant to Section D6 Liquor Permit from Permit No. Nays 0. 4303.271 of the Ohio Revised Code, 6218851, Mufeed Inc., 584 East 102nd Not answering Roll Call: Council objections to renewal of liquor per- Street, 1st Fl. Only, Cleveland, Ohio Member Patmon. mits shall be made no later than 44108, to Permit No. 8464125, St. Clair thirty days prior to the expiration – One Stop Foods Inc., DBA E. 102nd Res. No. 1434-01. date of the permit; now, therefore, Food Market, 584 East 102nd St., 1st By Councilman Sweeney. Be it resolved by the Council of Fl. Only, Cleveland, Ohio 44108; and An emergency resolution with- the City of Cleveland: Whereas, the granting of this drawing objection to the transfer of Section 1. That Council does here- application for a liquor permit to ownership of a D1, D2, D3 and D3A by record its objection to the renew- this high crime area, which is Liquor Permit to 4690 West 130th al of a D5 and D6 Liquor Permit, already saturated with other liquor Street, 1st Fl., Bsmt. southside, and Permit No. 6418022, Owned by 9722 outlets, is contrary to the best inter- repealing Res. No. 191-01 objecting Lorain Ave. Inc., 9720-24 Lorain Ave., ests of the entire community; and to said transfer of ownership. 1st Fl. & Bsmt., Cleveland, Ohio Whereas, the applicant does not Whereas, this Council objected to 44102 and requests the Director of qualify to be a permit holder and/or the transfer of ownership of a D1, Liquor Control to set a hearing for has demonstrated that he has oper- D2, D3 and D3A Liquor Permit to said application in accordance with ated his liquor business in disregard 4690 West 130th Street, 1st Fl., Bsmt. provisions of Section 4303.271 of the of the laws, regulations or local southside. by Res. No. 191-01 adopt- Revised Code of Ohio. ordinances of this state or any other ed by Council February 5, 2001; and Section 2. That the Clerk of Coun- state; and Whereas, this Council wishes to cil be and she is hereby directed to Whereas, the place for which the withdraw its objection to the above transmit two certified copies of this permit is sought has not conformed transfer of ownership and consents resolution, together with two copies to the building, safety or health to said transfer of ownership; and of a letter of objection and two requirements of the governing body Whereas, this resolution consti- copies of a letter requesting that the of this County or City; and tutes an emergency measure provid- hearing be held in Cleveland, Cuya- Whereas, the place for which the ing for the usual daily operation of hoga County, and a statement by the permit is sought is so arranged or a municipal department; now, there- Director of Law that, in the Direc- constructed that law enforcement fore, tor’s opinion, the objection is based officers or agents of the Department Be it resolved by the Council of upon substantial legal grounds with- of Liquor Control are prevented rea- the City of Cleveland: in the meaning and intent of divi- sonable access to the establishment; Section 1. That objection to the sion (A) of Section 4303.292 of the and transfer of ownership of a D1, D2, Revised Code to the Director of Whereas, the place for which the D3 and D3A Liquor Permit to 4690 Liquor Control. permit is sought is so located with West 130th Street, 1st Fl., Bsmt. Section 3. That this resolution is respect to the neighborhood that it southside. be and the same is here- hereby declared to be an emergency substantially interferes with public by withdrawn and Res. No. 191-01, measure and, provided it receives decency, sobriety, peace or good containing said objection, be and the affirmative vote of two-thirds of order; and the same is hereby repealed and all the members elected to Council, Whereas, this objection is based that this Council consents to the it shall take effect and be in force on other legal grounds as set forth immediate transfer of ownership immediately upon its adoption and in Revised Code Section 4303.292; thereof. approval by the Mayor; otherwise, it and Section 2. That this resolution is shall take effect and be in force Whereas, this resolution consti- hereby declared to be an emergency from and after the earliest period tutes an emergency measure provid- measure and, provided it receives allowed by law. ing for the immediate preservation the affirmative vote of two-thirds of Motion to suspend rules. Charter of the public peace, prosperity, safe- all the members elected to Council, and statutory provisions and place ty and welfare pursuant to Section it shall take effect and be in force on final passage. 4303.26 of the Ohio Revised Code. immediately upon its adoption and The rules were suspended. Yeas Council’s objection to said permit approval by the Mayor; otherwise, it 14. Nays 0. Read second time. Read must be received by the Director of shall take effect and be in force third time in full. Adopted. Yeas 14. Liquor Control within 30 days of from and after the earliest period Nays 0. notification; now, therefore, allowed by law. Not answering Roll Call: Council Be it resolved by the Council of Motion to suspend rules. Charter Member Patmon. the City of Cleveland: and statutory provisions and place Section 1. That Council does here- on final passage. Res. No. 1436-01. by record its objection to the trans- The rules were suspended. Yeas By Councilman Westbrook. fer of ownership of a C2, C2X and 14. Nays 0. Read second time. Read An emergency resolution requir- D6 Liquor Permit from Permit No. third time in full. Adopted. Yeas 14. ing the laying, re-laying and repair- 6218851, Mufeed Inc., 584 East 102nd Nays 0. ing of sidewalks, driveway aprons, Street, 1st Fl. Only, Cleveland, Ohio Not answering Roll Call: Council curbs, gutters and/or castings on 44108, to Permit No. 8464125, St. Clair Member Patmon. certain streets and any associated – One Stop Foods Inc., DBA E. 102nd corner properties herein named in Food Market, 584 East 102nd St., 1st Res. No. 1435-01. the City of Cleveland. Fl. Only, Cleveland, Ohio 44108 and By Councilman Westbrook. Whereas, this resolution consti- requests the Director of Liquor Con- An emergency resolution object- tutes an emergency measure provid- trol to set a hearing for said appli- ing to the renewal of a D5 and D6 ing for the usual daily operation of cation in accordance with provisions Liquor Permit at 9720-24 Lorain a municipal department; now, there- of Section 4303.26 of the Revised Ave., 1st Fl. & Bsmt. fore, Code of Ohio. Whereas, the uniform date for Be it resolved by the Council of Section 2. That the Clerk of Coun- renewal of liquor permits in the the City of Cleveland: cil be and she is hereby directed to State of Ohio is October 1st; and Section 1. That it is necessary to transmit two certified copies of this Whereas, pursuant to Section lay, re-lay and repair sidewalks, dri- resolution, together with two copies 4303.271 of the Revised Code, the veway aprons, curbs, gutters and/or of a letter of objection and two legislative authority of a municipal castings, including adjustments of copies of a letter requesting that the corporation may object to the renew- utility boxes, where necessary, in hearing be held in Cleveland, Cuya- al of a permit based upon legal the City of Cleveland on the fol- hoga County. grounds as set forth in division (A) lowing streets, at the locations here- Section 3. That this resolution is of Revised Code Section 4303.292; inafter named and between the hereby declared to be an emergency and points mentioned, including both the measure and, provided it receives Whereas, the applicant is unfit to frontage and depth of corner lots the affirmative vote of two-thirds of continue to engage in the liquor per- where said streets intersect, be all the members elected to Council, mit business in that he has operat- layed, re-layed and repaired, with it shall take effect and be in force ed his liquor permit business in a either stone flagging or concrete, to immediately upon its adoption and manner that demonstrates a disre- the full width of the present side- 1707 42 The City Record July 25, 2001 walks or curbing on the streets and Ord. No. 1844-A-99 (As a substitute 2. Renumber existing Sections 4 any associated corner properties for Ord. No. 1844-99). and 5, respectively, to new “Section respectively: By Councilman Jackson (by de- 5” and “Section 6”. West 98th Street – Lorain Avenue partmental request). Amendments agreed to. to Maywood Avenue An emergency ordinance to sup- The rules were suspended. Yeas West 110th Street – Franklin plement the Codified Ordinances of 15. Nays 0. Read third time in full. Avenue to Clifton Boulevard Cleveland, Ohio, 1976, by enacting Passed. Yeas 15. Nays 0. Willard Avenue – West 91st Street new Chapter 375 relating to land- In compliance with Section 33 of to West 93rd Street lords and tenants. the Charter, a copy of the legisla- Section 2. That the Director of Approved by Directors of Commu- tion was furnished to each member Finance shall cause a written notice nity Development, Law; Passage rec- of Council before final passage. of the adoption of this resolution to ommended by Committees on Com- be served upon the owner, agent of munity and Economic Development, Ord. No. 1760-2000. the owner, of each parcel of land Legislation; when amended as fol- By Mayor White, Councilmen abutting upon the sidewalk, drive- lows: Rybka, Cimperman and Patmon (by way apron, curb, gutter, and/or cast- 1. In Section 1, at Section departmental request). ing to be layed or re-layed or 375.09(e), line 1, strike “thirty” and An emergency ordinance authoriz- repaired. In the manner provided insert in lieu thereof “ten”. ing the Mayor and the Director of by law for the service of summons 2. In Section 1, strike Section Port Control to enter into a Lease in civil actions and in accordance 375.09(e)(1) in its entirety, and with the Western Reserve Historical with Section 164 of the City Charter insert in lieu thereof the following: Society, or their designees, for lease of the City of Cleveland. A copy of “(1) In the initial assessment, of certain property rights in and to the notice, with the time and man- the Safety Director shall find that property located at Burke Lakefront ner of service endorsed thereon, a security audit of the multifamily Airport upon which to construct a signed by the person serving it shall be returned to the office of the structure or development is appro- Museum of Transportation and Director of Finance and there filed priate if the requirements in this Industry; authorizing the Director of and preserved. The said notice Section for filing a petition are met Port Control to execute an easement shall also provide that: if the side- and one or more of the following granting the Western Reserve His- walk, driveway apron, curb, gutter, criteria are met: (i) during the torical Society certain easement and/or casting are not layed, re- thirty day period preceding the fil- rights in property located at Burke layed or repaired by the abutting ing of the petition, the City of Lakefront Airport and declaring owner, in accordance with the Cleveland Police Department has said easement rights no longer need- notice, within fifteen (15) days from received fifteen or more service ed for public use; authorizing an service of notice or completion of calls concerning the multifamily amendment to the Common Area the publication thereof, the City will structure or development; (ii) with- Maintenance Agreement for the proceed, through the appropriate in ten days after the filing of the North Coast Harbor; authorizing the department, to lay, re-lay or repair petition, the City of Cleveland appropriate City officials to enter such sidewalk, driveway apron, Councilmember of the ward in into a Submerged Land Lease with curb, gutter, and/or casting, includ- which the multifamily structure or the State of Ohio to obtain certain ing adjustments of utility boxes, development is located advises the property rights in and to submerged where necessary at the cost and Safety Director, in writing, that a land at Burke Lakefront Airport; expense of the owner of the proper- security audit of the multifamily authorizing the sublease of the Sub- ty in front of which the same is structure or development is appro- merged Land; and proferring certain layed, re-layed, repaired; and the priate; or (iii) there is any other representations for purposes of the cost and expense thereof, unless reasonable basis for concluding Trust Indenture from the City of paid to the Director of Finance, will that, if a security audit is conduct- Cleveland to the Chase Manhattan be assessed against the abutting ed, there is a reasonable possibili- Trust Company, National Associa- property, and collected in the same ty that the Safety Director will tion as successor trustee and autho- manner as other assessments, as specify additional security mea- rizing the Director of Port Control provided in Section 165 of the Char- sures that the landlord will be to apply to the bond trustee for land ter of the City of Cleveland. obligated to implement in the com- release. Section 3. That this resolution is mon areas of the multifamily struc- Approved by Directors of Port hereby declared to be an emergency ture or development.” . Control, Parks, Recreation and Prop- measure and, provided it receives Amendments agreed to. erties, City Planning Commission, the affirmative vote of two-thirds of The rules were suspended. Yeas Finance, Law; Passage recommend- all the members elected to Council, 15. Nays 0. Read third time in full. ed by Committees on Port Control, it shall take effect and be in force Passed. Yeas 15. Nays 0. Public Parks, Property and Recre- immediately upon its adoption and In compliance with Section 33 of ation, City Planning, Finance; when approval by the Mayor; otherwise, it the Charter, a copy of the legisla- amended as follows: shall take effect and be in force tion was furnished to each member 1. Strike the third whereas clause from and after the earliest period of Council before final passage. in its entirety and insert in lieu allowed by law. thereof the following: Motion to suspend rules. Charter Ord. No. 912-2000. “Whereas, it is the City’s desire and statutory provisions and place By Councilmen Dolan, Cimperman that the Western Reserve lease not on final passage. and Patmon (by departmental re- negatively impact the City’s Lease The rules were suspended. Yeas quest). By Way of Concession with Puffer- 14. Nays 0. Read second time. Read An emergency ordinance deter- belly Ltd., Inc. for the Hornblowers third time in full. Adopted. Yeas 14. mining the method of making the Restaurant, the City’s Lease with Nays 0. public improvement of constructing the U.S. Department of the Navy for Not answering Roll Call: Council an employee parking lot and relat- berthing of the USS COD or the Member Patmon. ed facilities at the Riveredge site; City’s Lease By Way of Concession SECOND READING EMERGENCY authorizing the Director of Port with APCOA, Inc. for operation of ORDINANCES PASSED Control to enter into contract for the the Burke Lakefront Airport park- making of such improvement; and ing lot; and”. Ord. No. 1751-99. authorizing said director to employ 2. Insert a new Whereas clause By Councilmen Johnson, Jackson one or more professional consultants after the fourth one to read as fol- and Robinson (by departmental to design the improvement. lows: request). Approved by Directors of Port “Whereas, certain modifications to An emergency ordinance authoriz- Control, City Planning Commission, the hereindescribed Pufferbelly, ing the sale of real property as part Finance, Law; Passage recommend- Ltd., Inc., U.S. Department of the of the Land Reutilization Program ed by Committees on Aviation and Navy, and APCOA, Inc. agreements and located at 9702 Yeakel Avenue Transportation, City Planning, are necessary to achieve satisfac- to Donald J. Traylor, Sr. Fi n a n c e ; when amended as follows: tion of all parties; and”. Approved by Directors of Commu- 1. Insert new Section 4 to read as 3. In Section 1, line 4, after “autho- nity Development, City Planning follows: rized” insert the following: “, condi- Commission, Finance, Law; Passage “Section 4. That the design for the tioned upon the filing of written recommended by Committees on public improvement shall be pre- statements of satisfaction in the Community and Economic Develop- sented to the Aviation & Trans- office of the Director of Economic ment, City Planning, Finance. portation Committee of Council Development, the office of the Direc- The rules were suspended. Yeas before the Director of Port Control tor of Port Control, and the office of 15. Nays 0. Read third time in full. may enter into contract of the mak- the Clerk of Council by APCOA, Passed. Yeas 15. Nays 0. ing for the public improvement.”. Inc., Pufferbelly, Ltd., Inc., and the 1708 July 25, 2001 The City Record 43 operators of the USS COD subma- The design of the museum shall land, and is further bounded and rine.”. incorporate ten percent (10%) more described as follows: 4. In Section 1, strike the legal glass on the North and Northwest Beginning at an iron pin monu- description in its entirety and insert surface areas of the museum than ment at the intersection of the cen- in lieu thereof the following: was incorporated in the original terline of East 9th Street, 99 feet in design presented to the City Plan- width, and the centerline of Lake- “Leased Premises ning Commission on November 3, side Avenue 99 feet in width; 2000. Thence North 33° 53' 08" West, Situated in the City of Cleveland, The Western Reserve Historical along said centerline of East 9th County of Cuyahoga and State of Society or its designee shall not Street, 1215.05 feet to the intersec- Ohio and known as being a lease apply for Federal Transportation tion of said East 9th Street and area over and through part of the Enhancement Activity Program dol- the centerline of North Marginal land conveyed to the City of Cleve- lars that are distributed by the R o a d ; land, and is further bounded and North East Ohio Area Wide Coordi- Thence North 55° 23' 25" East, described as follows: nating Agency without the prior along said centerline of North Mar- Beginning at an iron pin monu- authorization of City Council. ginal Road 299.44 feet to an angle ment at the intersection of the cen- The term of the lease shall not be point; terline of East 9th Street, 99 feet in amended without City Council Thence North 63° 12' 00" East, width, and the centerline of Lake- authorization. continuing along said centerline of side Avenue 99 feet in width; The Western Reserve Historical North Marginal Road 396.68 feet to Thence North 33° 53' 08" West, Society or its designee shall not sub- a point; along said centerline of East 9th let or assign the lease without the Thence North 26° 48' 00" West, Street, 1215.05 feet to the intersec- authorization of City Council, except perpendicular to said centerline of tion of said East 9th Street and the as expressly authorized in the Lease North Marginal Road, 12.00 feet to centerline of North Marginal Road; Agreement. the principal place of beginning of Thence North 55° 23' 25" East, If in any Lease Year, the Lessee’s parcel herein described; along said centerline of North Mar- Rent Credit under the Lease is Thence North 16° 45' 46" West, ginal Road 299.44 feet to an angle greater than Lessee’s Base Rent, 118.06 feet to a point; point; then the Base Rent for the Year Thence North 52° 37' 38" East, Thence North 63° 12' 00" East, shall be zero and, in no event, shall 38.40 feet to a point; continuing along said centerline of application of the Rent Credit Thence North 25° 56' 43" East, North Marginal Road 565.30 feet to require the City to refund or pay 323.28 to a point; a point; any amount to Lessee. Thence North 44° 03' 45" West, Thence North 26° 48' 00" West, In connection with construction of 28.70 feet to a point; perpendicular to said centerline of the Museum, Lessee shall use good Thence North 57° 51' 35" East, North Marginal Road, 52.00 feet to faith efforts to comply with the 514.28 feet to a point; the principal place of beginning of State of Ohio prevailing wage Thence South 32° 12' 46" East, parcel herein described; requirements. 50.00 feet to a point; Thence North 64° 03' 17" West, The Western Reserve Historical Thence South 57° 51' 35" West, 93.07 feet to a point; Society or its designee, and sub- 50.00 feet to a point; Thence North 25° 56' 43" East, lessors of the same, if any, shall not Thence South 32° 12' 46" East, 327.59 feet to a point; impair the rights of employees to 280.75 feet to a point; Thence North 57° 51' 35" East, unionize pursuant to applicable fed- Thence North 57° 51' 35" East, 326.87 feet to a point; eral or state law.” 50.00 feet to a point; Thence South 32° 12' 46" East, 6. Insert new Sections 5, 6 and 7 Thence South 32° 12' 46" East, 300.22 feet to a point; to read as follows: 50.00 feet to a point; Thence Westerly 130.51 feet along “Section 5. That the Director of Thence Westerly 259.32 feet the arc of a curve deflecting to the Port Control is authorized to amend along the arc of a curve deflecting right, the radius of which is 2167.80 the Lease By Way of Concession to the right, the radius of which is feet and the chord of which bears between the City and APCOA, Inc., 2207.80 feet and the chord of which South 61° 28' 30" West and is 130.49 City Contract No. 48824 to reduce the bears South 59° 50' 06" West and feet in length to the point of tan- number of parking spaces subject to is 259.16 feet in length to the point gency of the following course; the Agreement. of tangency of the following Thence South 63° 12' 00" West, Section 6. That the Director of c o u r s e ; 427.74 feet returning to the princi- Port Control is authorized to amend Thence South 63° 12' 00" West, pal point of beginning, and con- the Lease By Way of Concession 596.36 feet to the principal point of taining 3.234 acres of land as cal- between the City and Pufferbelly, beginning, and containing 5.542 culated and described in June 2001 Ltd., Inc., City Contract No. 44437 to acres of land as calculated and by Mark Ward, Ohio Professional achieve a relocation of the restau- described in June 2001 by Mark Surveyor Number S-7514 of Re- rant’s parking area to a new site Ward, Ohio Professional Surveyor source International Inc. Bearings east of the restaurant. Number S-7514 of Resource Interna- are based on centerline of East 9th Section 7. That the Director of tional Inc. Street being North 33° 53' 08" West Port Control is authorized to enter Bearings are based on centerline as shown on the plan for North into a lease for a ten (10) year term of East 9th Street being North 33° Marginal Road, dated April 24, with the U.S. Department of the 53' 08" West, as shown on the plan 1 9 6 1 .” . Navy for parking and facilities gen- for North Marginal Road, dated 5. In Section 2, line 3, strike “1760- erally located east of and adjacent April 24, 1961; 2000-A.” and insert in lieu thereof to Lease Lot 10, an area containing Excepting therefrom Lease A, the following: “1760-2000-C. The approximately 52,231 square feet being 3.234 acres for the purpose of Lease Agreement between the City and referred to as Lease Lot 9, to the Crawford Museum Building, and of Cleveland and Western Reserve the extent such use is not inconsis- further described as follows: Historical Society shall contain the tent with the rights granted to the Situated in the City of Cleveland, following: Western Reserve Historical Society, County of Cuyahoga, and State of The City may terminate the Lease in Sections 1 and 8 herein, to be Ohio, and known as being a lease prior to the end of the initial term used by the U.S. Department of the area over and through part of the by written notice to Lessee if con- Navy for parking and for the USS land conveyed to the City of Cleve- struction of the museum does not COD submarine museum, provided land, and is further bounded and commence by December 31, 2003 or that the City may terminate the described as follows: the museum does not open by lease agreement upon one (1) year’s Beginning at an iron pin monu- December 31, 2005. written notice in the event the City ment at the intersection of the cen- A reduced entry fee of fifty (50%) determines that Lease Lot 9 is need- terline of East 9th Street, 99 feet in percent off the student rate will be ed for airport, governmental or width, and the centerline of Lake- charged to children attending school other public purposes.”. side Avenue 99 feet in width; within the Cleveland Municipal 7. In existing Section 5, strike the Thence North 33° 53' 08" West, School District. legal description in its entirety and along said centerline of East 9th The site plan and specifications of insert in lieu thereof the following: Street, 1215.05 feet to the intersec- the building and surrounding out- “Easement Area B tion of said East 9th Street and the door walkways located to the North Situated in the City of Cleveland, centerline of North Marginal Road; and to the Northwest of the muse- County of Cuyahoga, and State of Thence North 55° 23' 25" East, um will be at least ten (10') feet in Ohio and known as being a lease along said centerline of North Mar- width along the entire length of the area over and through part of the ginal Road 299.44 feet to an angle pedestrian walkway. land conveyed to the City of Cleve- point; 1709 44 The City Record July 25, 2001

Thence North 63° 12' 00" East, Control, City Planning Commission, The Northeast Ohio Regional Sewer continuing along said centerline of Finance, Law; Passage recommend- District certain easement rights in North Marginal Road 565.30 feet to ed by Committees on Aviation and property located at Brookpark Road a point; Transportation, City Planning, and declaring said easement rights Thence North 26° 48' 00" West, Finance; when amended as follows: no longer needed for public use; perpendicular to said centerline of 1. In Section 4, line 5, strike proffering certain representations North Marginal Road, 52.00 feet to “Board of Control” and insert in lieu for purposes of the Trust Indenture the principal place of beginning of thereof “Cleveland City Council”. from the City of Cleveland to the parcel herein described; 2. In Section 4, line 7, after Chase Manhattan Trust Company, Thence North 64° 03' 17" West, “grantee improvements located with- National Association, as successor 93.07 feet to a point; in the easement” insert the follow- trustee and authorizing the Director Thence North 25° 56' 43" East, ing: “including, appropriate land- of Port Control to apply to the bond 327.59 feet to a point; scaping around each improvement trustee for land release. Thence North 57° 51' 35" East, in order to conceal such improve- Approved by Directors of Port 326.87 feet to a point; ment,”. Control, City Planning Commission, Thence South 32° 12' 46" East, Amendments agreed to. Finance, Law; Passage recommend- 300.22 feet to a point; The rules were suspended. Yeas ed by Committees on Aviation and Thence Westerly 130.51 feet along 15. Nays 0. Read third time in full. Transportation, City Planning, the arc of a curve deflecting to the Passed. Yeas 15. Nays 0. Finance; when amended as follows: right, the radius of which is 2167.80 In compliance with Section 33 of 1. In Section 1, strike lines 6, 7 feet and the chord of which bears the Charter, a copy of the legisla- and 8 in their entirety and insert in South 61° 28' 30" West and is 130.49 tion was furnished to each member lieu thereof the following: “PPN: 029- feet in length to the point of tan- of Council before final passage. 23-002”; and in the legal description, gency of the following course; strike lines 6, 7 and 8 in their entire- Thence South 63° 12' 00" West, Ord. No. 1970-2000. ty and insert in lieu thereof the fol- 427.74 feet returning to the principal By Councilmen Polensek and Pat- lowing: “Permanent Parcel Number place of beginning, and containing mon. 029-23-002, and being more particu- 3.234 acres of land as calculated and An emergency ordinance to sup- larly described as follows:”. described in June 2001 by Mark plement the Codified Ordinances of Amendment agreed to. Ward, Ohio Professional Surveyor Cleveland, Ohio, 1976, by enacting The rules were suspended. Yeas Number S-7514 of Resource Interna- new Section 133.171, concerning an 15. Nays 0. Read third time in full. tional Inc. Bearings are based on accounting treatment for Cleveland Passed. Yeas 15. Nays 0. centerline of East 9th Street being Browns Stadium. In compliance with Section 33 of North 33° 53' 08" West as shown on Approved by Directors of Parks, the Charter, a copy of the legisla- the plan for North Marginal Road, Recreation and Properties, Finance, tion was furnished to each member dated April 24, 1961.”. Law; Passage recommended by Com- of Council before final passage. 8. Insert new Section 15 to read as mittees on Public Parks, Property follows: and Recreation, Legislation, Ord. No. 78-01. “Section 15. That the City shall Finance. By Councilmen Westbrook, O’Mal- obtain the necessary land release The rules were suspended. Yeas ley, Cimperman and Patmon. approval from the Federal Aviation 15. Nays 0. Read third time in full. An emergency ordinance deter- Administration by December 1, 2001. Passed. Yeas 15. Nays 0. mining the method of making the In the event that such approval is public improvement of constructing not obtained by December 1, 2001, Ord. No. 2016-2000. the Garrett A. Morgan Museum with- the Director of Port Control shall By Mayor White. in the Garrett A. Morgan Water request that City Council amend the An emergency ordinance authoriz- Treatment Plant; authorizing the December 1, 2001 date to a more ing the Director of Port Control to Director of Public Utilities to enter appropriate date.”. execute an easement granting to into contract for the making of such 9. Renumber existing Sections 5, 6, East Ohio Gas certain easement improvement; and authorizing said 7, 8, 9, 10, 11, 12, and 13, respective- rights in property located at the director to employ one or more pro- ly, to new “Section 8”, “Section 9”, West Hangar Road and declaring fessional consultants to design the “Section 10”, “Section 11”, “Section said easement rights no longer need- improvement. 12”, “Section 13”, “Section 14”, “Sec- ed for public use; proffering certain Approved by Directors of Public tion 16” and “Section 17”. representations for purposes of the Utilities, City Planning Commission, Amendments agreed to. Trust Indenture from the City of Finance, Law; Passage recommend- The rules were suspended. Yeas Cleveland to the Chase Manhattan ed by Directors of Public Utilities, 15. Nays 0. Read third time in full. Trust Company, National Associa- City Planning, Finance. Passed. Yeas 14. Nays 1. tion, as successor trustee and autho- The rules were suspended. Yeas Those voting yea: Council Mem- rizing the Director of Port Control 15. Nays 0. Read third time in full. bers Brady, Britt, Cimperman, Coats, to apply to the bond trustee for land Passed. Yeas 15. Nays 0. Gordon, Jackson, Jones, Lewis, Pat- release. mon, Polensek, Reed, Sweeney, Approved by Directors of Port Ord. No. 125-01. Westbrook and White. Control, Public Utilities, City Plan- By Mayor White. Those voting nay: Council Member ning Commission, Finance, Law; An emergency ordinance authoriz- Rybka. Passage recommended by Co m m i t - ing the Director of Economic Devel- Absent: Council Members Cintron, tees on Aviation and Transportation, opment to enter into a contract Dolan, Johnson, Melena, O’Malley Public Utilities, City Planning amendment with Post Office Plaza and Willis. Fi n a n c e ; when amended as follows: Limited Partnership to accept a dis- In compliance with Section 33 of 1. In Section 4, line 5, strike count prepayment of the UDAG loan the Charter, a copy of the legisla- “Board of Control” and insert in lieu regarding the renovation and tenant tion was furnished to each member thereof “Cleveland City Council”. build out of the former post office of Council before final passage. 2. In Section 4, line 7, after at 301 West Prospect. “grantee improvements located with- Approved by Directors of Eco- Ord. No. 1962-2000. in the easement” insert the follow- nomic Development, Finance, Law; By Mayor White. ing: “including, appropriate land- Passage recommended by Commit- An emergency ordinance authoriz- scaping around each improvement tees on Community and Economic ing the Director of Port Control to in order to conceal such improve- Development, Finance, when amend- execute an easement granting to ment,”. ed as follows: East Ohio Gas certain easement Amendments agreed to. 1. In the fourth “Whereas” clause, rights in property located at Old The rules were suspended. Yeas line 3, after “reinvestment” insert “, Grayton Road and declaring said 15. Nays 0. Read third time in full. with prior Council authorization,”; easement rights no longer needed Passed. Yeas 15. Nays 0. and in lines 4 and 5, after “Neigh- for public use; proffering certain In compliance with Section 33 of borhood Development Investment representations for purposes of the the Charter, a copy of the legisla- Fund projects throughout the City” Trust Indenture from the City of tion was furnished to each member insert “and for assistance to LTV Cleveland to the Chase Manhattan of Council before final passage. Steel Corporation”. Trust Company, National Associa- 2. In Section 1, line 4, strike “no tion, as successor trustee and autho- Ord. No. 2089-2000. later than March, 2001” and insert in rizing the Director of Port Control By Mayor White. lieu thereof, “no later than Decem- to apply to the bond trustee for land An emergency ordinance authoriz- ber 31, 2001”; and in line 4, after release. ing the Director of Port Control to “equal to”, insert “the greater of Approved by Directors of Port execute an easement granting to $5,221,000 or”. 1710 July 25, 2001 The City Record 45

3. In Section 1, strike lines 10 and passed June 13, 1995, relating to pas- Approved by Directors of Eco- 11 in their entirety, and in line 12, senger facility charges. nomic Development, Finance, Law; strike the words “on its analysis of Approved by Directors of Port Passage recommended by Commit- current economic conditions.” Control, City Planning Commission, tees on Community and Economic 4. In Section 1, at the end, insert Finance, Law; Passage recommend- Development, Finance. the following new sentence: ed by Committees on Aviation and The rules were suspended. Yeas “The prepayment of these funds Transportation, City Planning, 15. Nays 0. Read third time in full. shall be used for reinvestment in Fi n a n c e ; when amended as follows: Passed. Yeas 15. Nays 0. various Neighborhood Develop- 1. In Section 1, line 14, strike “sub- ment Investment Fund projects stantially” and in line 15, following Ord. No. 710-01. throughout the City, and for assis- the period insert “Any change to the By Councilmen Jackson, Melena, tance to the LTV Steel Corpora- form agreement contained in File Cimperman and Patmon (by depart- tion, provided that any such rein- No. 624-01-A must first be authorized mental request). vestment or assistance shall first by ordinance of this Council.”. An emergency ordinance autho- be authorized by ordinance of this 2. Add a new Section 13 to read rizing the sale of real property as C o u n c i l .” as follows: part of the Land Reutilization Pro- Amendments agreed to. “Section 13. That the Director of gram and located on East 55th The rules were suspended. Yeas Port Control is hereby authorized Street, Longfellow and Thackery 15. Nays 0. Read third time in full. and directed to allocate $4,000,000.00 Avenue to Vocational Guidance Ser- Passed. Yeas 14. Nays 1. from the Airport’s Surplus budget v i c e s . Those voting yea: Council Mem- for the Sound Insulation Program. Approved by Directors of Commu- bers Brady, Britt, Cimperman, Gor- This $4,000,000.00 allocation shall nity Development, City Planning don, Jackson, Jones, Lewis, Patmon, occur in equal sums over the next Commission, Finance, Law; Passage Polensek, Reed, Rybka, Sweeney, four years. The Director of Port recommended by Committees on Westbrook and White: Control is also authorized and Community and Economic Develop- Those voting nay: Council Member directed to expend this $4,000,000 ment, City Planning, Finance. Coats. allocation in a manner that permits The rules were suspended. Yeas Absent: Council Members Cintron, the timely sound insulation of St. 15. Nays 0. Read third time in full. Dolan, Johnson, Melena, O’Malley Patrick’s School, West Park without Passed. Yeas 15. Nays 0. and Willis. any determent to the current Sound In compliance with Section 33 of Insulation Program and/or any Ord. No. 819-01. the Charter, a copy of the legisla- adverse impact to participants in By Councilman Coats. tion was furnished to each member the current Sound Insulation Pro- An emergency ordinance authoriz- of Council before final passage. gram. If federal funds are received ing the Director of Community for the sound insulation of St. Development to enter into a grant Ord. No. 170-01. Patrick’s School, West Park, the agreement with The Oasis Develop- By Councilman Coats. Director of Port Control shall sub- ment Corporation for funding their An emergency ordinance authoriz- tract the federal funds received R.O.P.E.S. alternative school pro- ing the Director of Economic Devel- from the $4,000,000 allocation for St. gram in order to carry out the pub- opment to enter into an agreement Patrick’s School, West Park and, lic purpose of educating Cleveland with the Otto Konigslow Manufac- provided the FAA approves, utilize children through the use of Ward 10 turing Company for economic devel- such funds as part of a revolving Neighborhood Equity Funds. opment assistance in order to carry fund for the sound insulation of Approved by Directors of Commu- out the public purpose of creating or other schools in the airport sound nity Development, Finance, Law; retaining jobs and employment insulation area in Cleveland. If the Passage recommended by Commit- opportunities to preserve the eco- FAA does not approve the school tees on Community and Economic nomic welfare of the State and pro- revolving fund, the Director of Port Development, Finance. mote investment in the neighborhood Control shall utilize such funds in The rules were suspended. Yeas through the use of Ward 10 Neigh- the Residential Sound Insulation 15. Nays 0. Read third time in full. borhood Equity Funds. Program. Furthermore, the Director Passed. Yeas 15. Nays 0. Approved by Directors of Commu- of Port Control shall notify the Pres- nity Development, Finance, Law; ident of Cleveland City Council, the Ord. No. 851-01. Passage recommended by Commit- Chairman of the Finance Committee By Councilman Sweeney (by de- tees on Community and Economic and the Chairman of the Aviation partmental request). Development, Finance. and Transportation Committee of An emergency ordinance to vacate The rules were suspended. Yeas any federal funds that are received a portion of Westport Avenue S.W. 15. Nays 0. Read third time in full. for the sound insulation of St. hereinafter described. Passed. Yeas 15. Nays 0. Patrick’s School, West Park, of any Approved by Directors of City application for FAA approval of the Planning Commission, Finance, Ord. No. 623-01. school revolving fund, and of the Law; Passage recommended by Com- By Mayor White. FAA’s response thereto.”. mittee on City Planning. An emergency ordinance agreeing 3. Renumber existing “Section 13” The rules were suspended. Yeas to an adjustment of the municipal to new “Section 14”. 15. Nays 0. Read third time in full. boundary line between the City of Amendments agreed to. Passed. Yeas 15. Nays 0. Cleveland and the City of Brook The rules were suspended. Yeas Park in accordance with Section 15. Nays 0. Read third time in full. Ord. No. 922-01. 709.37 of the Ohio Revised Code. Passed. Yeas 15. Nays 0. By Councilmen Patmon, Polensek, Approved by Directors of Port In compliance with Section 33 of O’Malley and Dolan. Control, City Planning Commission, the Charter, a copy of the legisla- An emergency ordinance to amend Finance, Law; Passage recommend- tion was furnished to each member Section 177.10 of the Codified Ordi- ed by Committees on Aviation and of Council before final passage. nances of Cleveland, Ohio, 1976, as Transportation, City Planning, Legis- enacted by Ordinance No. 2886-87, lation, Fi n a n c e . Ord. No. 709-01. passed December 21, 1987 relating to The rules were suspended. Yeas By Councilmen Jackson, Melena bond expenses, services and legal 15. Nays 0. Read third time in full. and Patmon (by departmental re- opinions. Passed. Yeas 15. Nays 0. quest). Approved by Directors of Finance, An emergency ordinance autho- Law; Passage recommended by Com- Ord. No. 624-01. rizing the Director of Economic De- mittee on Finance. By Mayor White. velopment to enter into an Empow- The rules were suspended. Yeas An emergency ordinance authoriz- erment Zone Section 108 loan and 15. Nays 0. Read third time in full. ing the Mayor, the Director of Law an Economic Development Initiative Passed, not as an emergency ordi- and the Director of Port Control to Grant Agreement with Vocational nance. Yeas 13. Nays 2. enter into a Settlement Agreement Guidance Services to provide eco- Those voting yea: Council Mem- with the City of Brook Park regard- nomic development assistance to bers Brady, Britt, Cimperman, Gor- ing the expansion of Cleveland Hop- partially finance land acquisition, don, Jackson, Jones Lewis, Patmon, kins International Airport and the purchase of machinery, equipment Polensek, Reed, Rybka, Westbrook ownership of the International Ex- and fixtures, the construction of a and White. position Center; to enter into agree- new building at East 55th Street Those voting nay: Council Mem- ments related thereto; and to amend and Longfellow Avenue, and to bers Coats and Sweeney. Sections 1 and 2 of Ordinance No. make building improvements at Absent: Council Members Cintron, 2649-91, passed December 9, 1991, as 2239 East 55th Street, Cleveland, Dolan, Johnson, Melena, O’Malley amended by Ordinance No. 610-95, O h i o . and Willis. 1711 46 The City Record July 25, 2001

Ord. No. 923-01. By Councilman Polensek. An emergency ordinance to transfer the sum of Seven Hundred Eighty-five Thousand Dollars ($785,000) from Other Funds within the General Fund to the Department of Public Health, Division of Correction. Approved by Directors of Finance, Law; Passage recommended by Committee on Finance; when amended as fol- lows: 1. In the title, strike line 3 in its entirety and insert in lieu thereof the following: “Fifty thousand Dollars ($750,000)”; in lines 5 and 6, strike “Health, Division of Correction” and insert in lieu thereof “Safety, Division of Police”. 2. Strike Section 1 in its entirety and insert in lieu thereof the following: “Section 1. That the sum of seven hundred fifty thousand dollars ($750,000) is hereby transferred as follows:

FROM TO

DEPARTMENT OF PUBLIC SAFETY

Division of Police I. Personnel and Related Expenses $ —— $ 750,000 II. Other Expenses $ —— $ ——

TOTAL DEPARTMENT OF PUBLIC SAFETY $ —— $ 750,000

TRANSFERS TO OTHER FUNDS

II. Other Expenses $ 750,000 $ —— ______–– – – – – – – – TOTAL TRANSFERS TO OTHER FUNDS $ 750,000 ——

TOTAL GENERAL FUND $ 750,000 $ 750,000”. Amendments agreed to. The rules were suspended. Yeas 15. Nays 0. Read third time in full. Passed. Yeas 15. Nays 0. In compliance with Section 33 of the Charter, a copy of the legislation was furnished to each member of Coun- cil before final passage.

Ord. No. 937-01. ommended by Committees on Av i a - new Section 343.23 thereof, relating By Councilman White. tion and Transportation, Finance; to pedestrian retail overlay district. An emergency ordinance authoriz- when amended as follows: Approved by Directors of City ing the Director of Community 1. In the title, strike lines 5, 6, 7 Planning Commission, Law; Passage Development to enter into a grant and 8 in their entirety and insert in recommended by Committee on City agreement with Umoja and Kuumba lieu thereof the following: “for the Planning. Youth Association for providing a purchase of certain real property in The rules were suspended. Yeas cheerleading program in order to accordance with the July 31, 2000 15. Nays 0. Read third time in full. carry out the public purpose of pro- letter agreement between the City Passed. Yeas 15. Nays 0. viding recreational activities and the Cleveland Metroparks.”. through the use of Ward 2 Neigh- 2. In Section 1, strike lines 3, 4 Ord. No. 1024-01. borhood Equity Funds. and 5 in their entirety and insert in By Councilmen Cintron, Melena, Approved by Directors of Com- lieu thereof the following; “Park Cimperman and Patmon (by depart- munity Development, Finance, Law; District for an amount not to exceed mental request). Passage recommended by Commit- $350,000.00 for the purchase of land, An emergency ordinance to ap- tees on Community and Economic per the letter agreement between propriate property for the public Development, Finance. the City and the Cleveland purpose of the elimination of condi- The rules were suspended. Yeas Metroparks.”. tion of blight and deterioration and 15. Nays 0. Read third time in full. Amendments agreed to. the recurrence thereof by the cre- Passed. Yeas 15. Nays 0. The rules were suspended. Yeas ation of a mixed-use development 15. Nays 0. Read third time in full. including residential, retail and Ord. No. 1009-01. Passed. Yeas 15. Nays 0. accessory parking uses. By Mayor White. In compliance with Section 33 of Approved by Directors of Commu- An emergency ordinance authoriz- the Charter, a copy of the legisla- nity Development, City Planning ing the purchase by requirement tion was furnished to each member Commission, Finance, Law; Passage contract of labor and materials nec- of Council before final passage. recommended by Committees on essary to maintain and repair ele- Community and Economic Develop- vators, escalators and moving walk- Ord. No. 1013-01. ment, City Planning, Finance. ways, for the Division of Cleveland By Mayor White. The rules were suspended. Yeas Hopkins International Airport, An emergency ordinance authoriz- 15. Nays 0. Read third time in full. Department of Port Control, for a ing the Director of Port Control to Passed. Yeas 15. Nays 0. period not to exceed two years. enter into agreements with public Approved by Directors of Port authorities to pay or reimburse Ord. No. 1031-01. Control, Finance, Law; Passage rec- directly related costs incurred by By Councilman Jackson. ommended by Committees on Av i a - such entities for the purpose of An emergency ordinance desig- tion and Transportation, Finance. implementing the wetland and nating St. Philip Christian Church The rules were suspended. Yeas stream mitigation programs, for the as a Cleveland landmark. 15. Nays 0. Read third time in full. Department of Port Control. Approved by Directors of City Passed. Yeas 15. Nays 0. Approved by Directors of Port Planning Commission, Law; Passage Control, Finance, Law; Passage rec- recommended by Committee on City Ord. No. 1011-01. ommended by Committees on Av i a - Planning. By Mayor White. tion and Transportation, Finance. The rules were suspended. Yeas An emergency ordinance authoriz- The rules were suspended. Yeas 15. Nays 0. Read third time in full. ing the Director of Port Control to 15. Nays 0. Read third time in full. Passed. Yeas 15. Nays 0. enter into contract with Cleveland Passed. Yeas 15. Nays 0. Metropolitan Park District to per- Ord. No. 1037-01. form environmental remediation ser- Ord. No. 1020-01. By Councilmen Johnson, Melena, vices in connection with the reloca- By Councilman Cimperman (by Rybka, Cimperman and Patmon (by tion of Abrams Creek, for the departmental request). departmental request). Department of Port Control. An emergency ordinance to sup- An emergency ordinance authoriz- Approved by Directors of Port plement the Codified Ordinances of ing the Director of Community Control, Finance, Law; Passage rec- Cleveland, Ohio, 1976, by enacting Development to transfer property to 1712 July 25, 2001 The City Record 47 the control, possession and use of The rules were suspended. Yeas such entities for the purpose of the Department of Parks, Recreation 15. Nays 0. Read third time in full. implementing mitigation construc- and Properties, for Phase II of the Passed. Yeas 15. Nays 0. tion on Doan Brook, for the Depart- Woodland Recreation Center project. ment of Port Control. Approved by Directors of Commu- Ord. No. 1063-01. Approved by Directors of Port nity Development, Parks, Re c r e a t i o n By Councilman Patmon (by de- Control, Finance, Law; Passage rec- and Properties, City Planning Com- partmental request). ommended by Committees on Av i a - mission, Finance, Law; Passage rec- An emergency ordinance authoriz- tion and Transportation, Finance; ommended by Committees on Com- ing the purchase by requirement when amended as follows: munity and Economic Development, contract of miscellaneous sized steel 1. In Section 1, lines 6 and 7, Public Parks, Property, and Recre- plates, for the various divisions of delete “the Federal Aviation Admin- ation, City Planning, Finance. City government, for a period not to istration’s Environment Impact The rules were suspended. Yeas exceed two years. Statement” and insert “the Ohio 15. Nays 0. Read third time in full. Approved by Directors of Finance, Environmental Protection Agency’s Passed. Yeas 15. Nays 0. Law; Passage recommended by Com- Director’s Final Findings and mittee on Finance. Orders and the Army Corps of Engi- Ord. No. 1049-01. The rules were suspended. Yeas neers’ Section 404 Permit”. By Councilmen O’Malley and Pat- 15. Nays 0. Read third time in full. 2. Insert new “Section 3” to read mon (by departmental request). Passed. Yeas 15. Nays 0. as follows: An emergency ordinance authoriz- “Section 3. That the Director of ing the purchase by contract of one Ord. No. 1064-01. Port Control shall present the thirty payment processor envelope extrac- By Councilman Patmon (by de- percent (30%), sixty percent (60%), tor machine, for the Division of Util- partmental request). and ninety-five percent (95%) design ities Fiscal Control, Department of An emergency ordinance authoriz- submittals of the mitigation con- Public Utilities. ing the purchase by requirement struction on Doan Brook to both the Approved by Directors of Public contract of dry cell batteries, for the public at public hearings and to the Utilities, Finance, Law; Passage rec- various divisions of City govern- Aviation and Transportation Com- ommended by Committees on Public ment, for a period not to exceed two mittee of City Council.” . Utilities, Finance. years. 3. Insert new “Section 4” to read The rules were suspended. Yeas Approved by Directors of Finance, as follows: 15. Nays 0. Read third time in full. Law; Passage recommended by Com- “Section 4. That prior to entering Passed. Yeas 15. Nays 0. mittee on Finance. into agreements with public author- The rules were suspended. Yeas ities as authorized in Section 1 of Ord. No. 1050-01. 15. Nays 0. Read third time in full. this ordinance, the Director of Port By Councilmen O’Malley and Pat- Passed. Yeas 15. Nays 0. Control shall provide the Coun- mon (by departmental request). cilperson representing the ward in An emergency ordinance authoriz- Ord. No. 1067-01. which Doan Brook is located with a ing the purchase by requirement By Councilman Patmon (by depart- copy of the one hundred percent contract of labor and materials nec- mental request). (100%) design submittal and receive essary to test, inspect and repair An emergency ordinance authoriz- approval thereof.”. bucket trucks, for the Division of ing Director of Finance to acquire 4. Renumber existing “Section 3” Cleveland Public Power, Department one or more software licenses for to new “Section 5”. of Public Utilities, for a period not operation of a payroll software sys- Amendments agreed to. to exceed two years. tem and a human resources software The rules were suspended. Yeas Approved by Directors of Public application system; and a contract 15. Nays 0. Read third time in full. Utilities, Finance, Law; Passage rec- with Kronos, Inc. for the acquisition Passed. Yeas 15. Nays 0. ommended by Committees on Public of one or more licenses for timekeep- In compliance with Section 33 of Utilities, Finance. ing system software; authorizing said the Charter, a copy of the legisla- The rules were suspended. Yeas Director to enter into a requirement tion was furnished to each member 15. Nays 0. Read third time in full. contract for computer hardware nec- of Council before final passage. Passed. Yeas 15. Nays 0. essary for the software; and autho- rizing said Director to employ one or Ord. No. 1124-01. Ord. No. 1051-01. more firms of consultants as neces- By Mayor White. By Councilmen O’Malley and Pat- sary to provide various payroll pro- An emergency ordinance authoriz- mon (by departmental request). cessing and tax reporting services. ing the purchase by requirement An emergency ordinance authoriz- Approved by Directors of Finance, contract of deicing services, for the ing the purchase by requirement con- Law; Passage recommended by Com- Division of Cleveland Hopkins Inter- tract of printer consumables, for the mittee on Finance; when amended national Airport, Department of Port Division of Cleveland Public Power, as follows: Control, for a period not to exceed Department of Public Utilities. 1. In Section 5, line 2, strike “No.” five years. Approved by Directors of Public and insert in lieu thereof “Nos. 01- Approved by Directors of Port Utilities, Finance, Law; Passage rec- 600201-698500 and”. Control, Finance, Law; Passage rec- ommended by Committees on Public Amendment agreed to. ommended by Committees on Av i a - Utilities, Finance; when amended as The rules were suspended. Yeas tion and Transportation, Finance; follows: 15. Nays 0. Read third time in full. when amended as follows: 1. In the title, line 4, and in Sec- Passed. Yeas 15. Nays 0. 1. In Section 2, line 1 after “shall” in- tion 1, line 7, strike “Division of” In compliance with Section 33 of sert “not exceed $12,000,000 and shall”. and insert in lieu thereof “Divisions the Charter, a copy of the legisla- 2. Insert new Section 3 to read as of Water and”. tion was furnished to each member follows: Amendment agreed to. of Council before final passage. “Section 3. That the Director of Port The rules were suspended. Yeas Control shall provide a bid analysis 15. Nays 0. Read third time in full. Ord. No. 1120-01. identifying the benefits of a multi- Passed. Yeas 15. Nays 0. By Mayor White. year contract to the Council President, In compliance with Section 33 of An emergency ordinance authoriz- the Chairman of the Finance Com- the Charter, a copy of the legisla- ing the purchase by requirement mittee and the Chairman of the Avi- tion was furnished to each member contract of labor and materials nec- ation & Transportation Committee.”. of Council before final passage. essary to upgrade the telephone sys- 3. Renumber existing Section 3 to tem at Cleveland Hopkins Interna- new “Section 4”. Ord. No. 1052-01. tional Airport, for the Department of Amendments agreed to. By Councilmen O’Malley and Pat- Port Control. The rules were suspended. Yeas mon (by departmental request). Approved by Directors of Port 15. Nays 0. Read third time in full. An emergency ordinance authoriz- Control, Finance, Law; Passage rec- Passed. Yeas 15. Nays 0. ing the purchase by requirement ommended by Committees on Av i a - In compliance with Section 33 of contract of labor and materials nec- tion and Transportation, Finance. the Charter, a copy of the legisla- essary to maintain a high voltage The rules were suspended. Yeas tion was furnished to each member static pipe type transmission cable 15. Nays 0. Read third time in full. of Council before final passage. system and emergency oil spill Passed. Yeas 15. Nays 0. clean-up, for the Division of Cleve- Ord. No. 1128-01. land Public Power, Department of Ord. No. 1121-01. By Mayor White. Public Utilities, for a period not to By Mayor White. An emergency ordinance authoriz- exceed two years. An emergency ordinance authoriz- ing the purchase by contract of Approved by Directors of Public ing the Director of Port Control to maintenance for the Nortel PBX sys- Utilities, Finance, Law; Passage rec- enter into agreements with public tem, for the Division of Cleveland ommended by Committees on Public authorities to pay or reimburse Hopkins International Airport, De- Utilities, Finance. directly related costs incurred by partment of Port Control. 1713 48 The City Record July 25, 2001

Approved by Directors of Port the various divisions of the Depart- impellers and appurtenances, for the Control, Finance, Law; Passage rec- ment of Public Utilities, for a period Division of Water, Department of ommended by Committees on Av i a - not to exceed two years. Public Utilities. tion and Transportation, Finance. Approved by Directors of Public Approved by Directors of Public The rules were suspended. Yeas Utilities, Finance, Law; Passage rec- Utilities, Finance, Law; Committees 15. Nays 0. Read third time in full. ommended by Committees on Public on Public Utilities, Finance. Passed. Yeas 15. Nays 0. Utilities, Finance; when amended as The rules were suspended. Yeas follows: 15. Nays 0. Read third time in full. Ord. No. 1129-01. 1. In Section 2, line 1, between Passed. Yeas 15. Nays 0. By Mayor White. “contract”’ and “shall” insert “shall An emergency ordinance authoriz- not exceed $500,000.00 per year and”. Ord. No. 1155-01. ing Director of Port Control to enter Amendment agreed to. By Councilmen O’Malley and Pat- into contract without competitive The rules were suspended. Yeas mon (by departmental request). bidding with Oracle Service Indus- 15. Nays 0. Read third time in full. An emergency ordinance deter- tries for the acquisition of licenses Passed. Yeas 15. Nays 0. mining the method of making the and upgrades necessary to operate In compliance with Section 33 of public improvement of replacing or the CMMS system and for technical the Charter, a copy of the legisla- repairing water mains; authorizing support. tion was furnished to each member the Director of Public Utilities to Approved by Directors of Port of Council before final passage. enter into contract for the making Control, Finance, Law; Passage rec- of such improvement; and authoriz- ommended by Committees on Av i a - Ord. No. 1150-01. ing said director to employ one or tion and Transportation, Finance; By Councilmen O’Malley and Pat- more professional consultants to when amended as follows: mon (by departmental request). design the improvement. 1. In the title, line 5, in Section 1, An emergency ordinance authoriz- Approved by Directors of Public line 3, and in Section 1, line 5, strike ing the purchase by requirement Utilities, Finance, Law; Passage rec- “Service Industries” and insert “Cor- contract of electrical supplies and ommended by Committees on Public poration”. equipment, for the various divisions Utilities, Finance. Amendment agreed to. of the Department of Public Utilities, The rules were suspended. Yeas The rules were suspended. Yeas for a period not to exceed two years. 15. Nays 0. Read third time in full. 15. Nays 0. Read third time in full. Approved by Directors of Public Passed. Yeas 15. Nays 0. Passed. Yeas 15. Nays 0. Utilities, Finance, Law; Passage rec- In compliance with Section 33 of ommended by Committees on Public Ord. No. 1160-01. the Charter, a copy of the legisla- Utilities, Finance. By Councilmen O’Malley and Pat- tion was furnished to each member The rules were suspended. Yeas mon (by departmental request). of Council before final passage. 15. Nays 0. Read third time in full. An emergency ordinance authoriz- Passed. Yeas 15. Nays 0. ing the purchase by requirement Ord. No. 1130-01. contract of various types of safety By Mayor White. Ord. No. 1151-01. equipment required for compliance An emergency ordinance authoriz- By Councilmen O’Malley and Pat- with OSHA and EPA regulations, ing the Director of Port Control to mon (by departmental request). for the Division of Water, Depart- employ one or more consultants to An emergency ordinance authoriz- ment of Public Utilities, for a period provide professional services relat- ing the purchase by contract of labor not to exceed two years. ing to the expansion of Cleveland and materials necessary to clean and Approved by Directors of Public Hopkins International Airport con- to apply a protective coating on the Utilities, Finance, Law; Passage cerning design, environmental stud- whale mural located at Cleveland recommended by Committees on ies, environmental remediation and Public Power’s Lake Road plant, for Public Utilities, Finance; when regulatory compliance. the Department of Public Utilities. amended as follows: Approved by Directors of Port Approved by Directors of Public 1. In the title, lines 6 and 7, and Control, Finance, Law; Passage rec- Utilities, Finance, Law; Passage rec- in Section 1, line 8, strike “Division ommended by Committees on Av i a - ommended by Committees on Public of Water” and insert in lieu thereof tion and Transportation, Finance. Utilities, Finance. “Divisions of Water, Cleveland Pub- The rules were suspended. Yeas The rules were suspended. Yeas lic Power and Water Pollution Con- 15. Nays 0. Read third time in full. 15. Nays 0. Read third time in full. trol”. Passed. Yeas 15. Nays 0. Passed. Yeas 15. Nays 0. Amendment agreed to. The rules were suspended. Yeas Ord. No. 1142-01. Ord. No. 1152-01. 15. Nays 0. Read third time in full. By Councilmen O’Malley, Melena By Councilmen O’Malley and Pat- Passed. Yeas 15. Nays 0. and Patmon (by departmental re- mon (by departmental request). In compliance with Section 33 of quest). An emergency ordinance authoriz- the Charter, a copy of the legisla- An emergency ordinance authoriz- ing the purchase by contract of tion was furnished to each member ing the Director of Public Utilities labor and materials necessary to of Council before final passage. to enter into contract with Cleve- repair the rapid mix sluice gate at land Housing Network to provide Garrett Morgan Water Treatment Ord. No. 1161-01. various customer services to low Plant, for the Division of Water, By Councilmen O’Malley and Pat- income home owners or for rental Department of Public Utilities. mon (by departmental request). property owners, for the Divisions of Approved by Directors of Public An emergency ordinance authoriz- Water, Water Pollution Control, and Utilities, Finance, Law; Passage rec- ing the Director of Public Utilities Cleveland Public Power, Department ommended by Committees on Public to lease City-owned property to of Public Utilities. Utilities, Finance. Harp Restaurant, for a term of five Approved by Directors of Public The rules were suspended. Yeas years, with two options to renew for Utilities, Community Development, 15. Nays 0. Read third time in full. additional five-year terms. Finance, Law; Passage recommend- Passed. Yeas 15. Nays 0. Approved by Directors of Public ed by Committees on Public Utili- Utilities, Finance, Law; Passage rec- ties, Community and Economic Ord. No. 1153-01. ommended by Committees on Public Development, Finance; when amend- By Councilmen O’Malley and Pat- Utilities, Finance. ed as follows: mon (by departmental request). The rules were suspended. Yeas 1. In Section 2, line 2, between An emergency ordinance authoriz- 15. Nays 0. Read third time in full. “shall” and “be” insert “not exceed ing the purchase by contract of Passed. Yeas 15. Nays 0. $570,500.00 and shall”. labor and materials necessary for Amendment agreed to. rewiring starting relay motor at Ord. No. 1217-01. The rules were suspended. Yeas Kirtland, for the Division of Water, By Councilmen Cintron, Melena, 15. Nays 0. Read third time in full. Department of Public Utilities. Cimperman and Patmon (by depart- Passed. Yeas 15. Nays 0. Approved by Directors of Public mental request). In compliance with Section 33 of Utilities, Finance, Law; Passage rec- An emergency ordinance authoriz- the Charter, a copy of the legisla- ommended by Committees on Public ing the Commissioner of Purchases tion was furnished to each member Utilities, Finance. and Supplies to purchase a site for of Council before final passage. The rules were suspended. Yeas the elimination of blight at 1787 W. 15. Nays 0. Read third time in full. 44th Street, for the Department of Ord. No. 1147-01. Passed. Yeas 15. Nays 0. Community Development. By Councilmen O’Malley and Pat- Approved by Directors of Commu- mon (by departmental request). Ord. No. 1154-01. nity Development, City Planning An emergency ordinance authoriz- By Councilmen O’Malley and Pat- Commission, Finance, Law; Passage ing the purchase by requirement mon (by departmental request). recommended by Committees on contract of labor and materials nec- An emergency ordinance authoriz- Community and Economic Develop- essary to repair or replace roofs, for ing the purchase by contract of ment, City Planning, Finance. 1714 July 25, 2001 The City Record 49

The rules were suspended. Yeas States Department of Housing and Ord. No. 1239-01. 15. Nays 0. Read third time in full. Urban Development in connection By Councilmen Reed, Jones, White, Passed. Yeas 15. Nays 0. with the redevelopment of that prop- Johnson, Britt, Jackson, Willis, Coats, erty, authorizing agreements with Polensek, Rybka, Cimperman, Gordon, Ord. No. 1220-01. the United States Secretary of Hous- Westbrook, Brady, Sweeney and Dolan. By Councilman Dolan. ing and Urban Development and An emergency ordinance authoriz- An emergency ordinance to amend with Vesta Corporation, or its ing the Director of Community the Title and Section 1 of Ordinance designee, in connection therewith Development to enter into an agree- No. 1737-2000, passed October 2, 2000, and authorizing and approving ment with Murtis H. Taylor Multi- to authorize the Director of Com- related matters. Service Center for Ninth Annual munity Development to enter into a Approved by Directors of Commu- African American Family Day Pic- grant agreement with Kamm’s Cor- nity Development, City Planning nic through the use of Ward 1, 2, 3, ner Development Corporation for the Commission, Finance; Passage rec- 4, 5, 6, 9, 10, 11, 12, 13, 15, 18, 19, 20, acquisition of certain property to ommended by Committees on Com- and 21 Neighborhood Equity Funds. promote the public purpose of cre- munity and Economic Development, Approved by Directors of Commu- ating or preserving jobs through the City Planning, Finance. nity Development, Finance, Law; use of Ward 21 Neighborhood Equi- The rules were suspended. Yeas Passage recommended by Commit- ty Funds. 15. Nays 0. Read third time in full. tees on Community and Economic Approved by Directors of Commu- Passed. Yeas 15. Nays 0. Development, Finance; when amend- nity Development, Finance, Law; ed as follows: 1. In Section 1, strike lines 4 and Passage recommended by Commit- Ord. No. 1228-01. 5 in their entirety, and insert in lieu tees on Community and Economic By Councilmen Johnson and White. thereof the following: “for the pub- Development, Finance. An emergency ordinance authoriz- lic purpose of cultural education, The rules were suspended. Yeas ing the Director of Community appreciation of the arts and cele- 15. Nays 0. Read third time in full. Development to enter into an agree- bration of the African American her- Passed. Yeas 15. Nays 0. ment with A Cultural Exchange for itage for Cleveland residents.”. an after school literacy project Amendment agreed to. Ord. No. 1222-01. through the use of Ward 2, 4 Neigh- The rules were suspended. Yeas By Councilman Dolan. borhood Equity Funds. 15. Nays 0. Read third time in full. An emergency ordinance to amend Approved by Directors of Commu- Passed. Yeas 15. Nays 0. Section 3 of Ordinance No. 1000-2000, nity Development, Finance, Law; In compliance with Section 33 of passed June 19, 2000, as amended by Passage recommended by Commit- the Charter, a copy of the legisla- Ordinance No. 1590-2000, passed tees on Community and Economic tion was furnished to each member November 27, 2000 and Ordinance No. Development, Finance. of Council before final passage. 707-01, passed April 23, 2001, relating The rules were suspended. Yeas to the public improvement of reha- 15. Nays 0. Read third time in full. Ord. No. 1241-01. bilitating sewers on Westpark and Passed. Yeas 15. Nays 0. By Councilman Rybka. Lydian Roads. An emergency ordinance authoriz- Approved by Directors of Commu- Ord. No. 1229-01. ing the Director of Community Devel- nity Development, Finance, Law; By Councilmen Lewis, Melena and opment to enter into a grant agree- Passage recommended by Commit- Patmon (by departmental request). ment with Boys and Girls Club of tees on Community and Economic An emergency ordinance authoriz- Cleveland for their Positive Place for Development, Finance. ing the Director of Community Kids Programs in order to carry out The rules were suspended. Yeas Development to enter into contract the public purpose of providing edu- 15. Nays 0. Read third time in full. with Famicos Foundation, or its cational and recreational programs Passed. Yeas 15. Nays 0. designees, to provide financial assis- for children through the use of Ward tance in the form of Community 12 Neighborhood Equity Funds. Ord. No. 1224-01. Development Float Loans to partial- Approved by Directors of Commu- By Councilmen Gordon and Pat- ly finance various housing develop- nity Development, Finance, Law; mon (by departmental request). ment projects. Passage recommended by Commit- An emergency ordinance deter- Approved by Directors of Commu- tees on Community and Economic mining the method of making the nity Development, Finance, Law; Development, Finance. public improvement of rehabilitat- Passage recommended by Commit- The rules were suspended. Yeas 15. Nays 0. Read third time in full. ing various health centers; and tees on Community and Economic Passed. Yeas 15. Nays 0. authorizing the Director of Public Development, Finance. Health to enter into contract for the The rules were suspended. Yeas making of such improvement. SECOND READING 15. Nays 0. Read third time in full. ORDINANCES PASSED Approved by Directors of Public Passed. Yeas 15. Nays 0. Health, Finance, Law; Passage rec- ommended by Committees on Public Ord. No. 226-01. Ord. No. 1233-01. By Councilman Polensek. Health, Finance; when amended as By Councilman Patmon. follows: An ordinance to change the Use Dis- An emergency ordinance authoriz- 1. Insert a new “Section 3” to read trict of some lands on both sides of ing the Director of Community as follows: Lake Shore Boulevard, N.E. between “Section 3. That the Director of Development to enter into an agree- Brazil Road, N.E and Neff Road, N.E. ment with Parkworks for Adult Public Health shall provide each (Map Change No. 2026, Sheet No. 7) member of Cleveland City Council Basic Landscaping Training Pro- Approved by Directors of City with a copy of the survey and eval- gram in order to carry out the pub- Planning Commission, Law; Passage uation reports that are prepared by lic purpose of providing job training recommended by Committee on City consultants assisting the City in the through the use of Ward 8 Neigh- Planning, Finance. The rules were suspended. Yeas rehabilitating of the health centers borhood Equity Funds. Approved by Directors of Commu- 15. Nays 0. Read third time in full. authorized in Section 1 of this ordi- Passed. Yeas 15. Nays 0. nance.”. nity Development, Finance, Law; 2. Renumber existing “Section 3” Passage recommended by Commit- tees on Community and Economic Ord. No. 663-01. to new “Section 4”. By Councilman Sweeney. Amendments agreed to. Development, Finance. The rules were suspended. Yeas An Ordinance to change the Use The rules were suspended. Yeas District of lands on the east side of 15. Nays 0. Read third time in full. 15. Nays 0. Read third time in full. Passed. Yeas 15. Nays 0. West 128 Street between Lena Ave- Passed. Yeas 15. Nays 0. nue, S.W. and Longmead Avenue, SW, In compliance with Section 33 of (Map Change No. 2029, Sheet No. 13) Ord. No. 1236-01. the Charter, a copy of the legisla- Approved by Directors of City tion was furnished to each member By Councilman Patmon (by de- Planning, Law; Passage recom- of Council before final passage. partmental request). mended by Committee on City Plan- An emergency ordinance authoriz- ning; when amended as follows: Ord. No. 1226-01. ing the purchase by requirement con- 1. In Section 1, the second line By Councilmen Jackson, Melena, tract of office moving services, for from the end of the section, strike Cimperman and Patmon (by depart- the various divisions of City govern- “RA” and insert in lieu thereof “RA 2 ”. mental request). me n t . The rules were suspended. Yeas An emergency ordinance authoriz- Approved by Directors of Finance, 15. Nays 0. Read third time in full. ing the acquisition and disposition Law; Passage recommended by Com- Passed. Yeas 15. Nays 0. of real property and the improve- mittee on Finance. In compliance with Section 33 of ments located thereon comprising The rules were suspended. Yeas the Charter, a copy of the legisla- Rainbow Terrace Apartments, 15. Nays 0. Read third time in full. tion was furnished to each member accepting a grant from the United Passed. Yeas 15. Nays 0. of Council before final passage. 1715 50 The City Record July 25, 2001

SECOND READING EMERGENCY THE CALENDAR Konicek, Acting Directors Borok- RESOLUTIONS ADOPTED hovich and Johnson, Acting Director Smith, Directors Hudecek, Warren The following measures will be on and Alexander. Res. No. 316-01. their final passage at the next meet- Nays: None. By Mayor White. ing: An emergency resolution support- NONE Absent: Directors Whitlow, Miller ing the H.E.L.P. Program and urg- and Patterson. ing Governor Taft and Ohio Trea- surer Joseph T. Deters to adopt and BOARD OF CONTROL Resolution No. 448-01. implement the Ohio Housing Reha- By Director Konicek. bilitation Linked Deposit Program Be it resolved by the Board of which would enable Ohio citizens to Control of the City of Cleveland that receive low interest home improve- July 18, 2001 the bid of East Jordan Iron Works, ment loans. Inc. for an estimated quantity of The regular meeting of the Board Approved by Directors of Commu- valves and appurtenances (Group B) of Control convened in the Mayor’s nity Development, Finance, Law; (Item nos. 5, 15, 16, 17, 18 and 19), office on Wednesday, July 18, 2001, Passage recommended by Commit- for the Division of Water, Depart- at 11:00 a.m. with Acting Mayor ment of Public Utilities, for a peri- tees on Community and Economic Carter presiding. Development, Finance. od of two (2) years beginning with Present: Acting Mayor Carter, Act- the date of execution of a contract The rules were suspended. Yeas ing Director Marks, Directors Clark, 15. Nays 0. Read third time in full. received on the 27th day of June, Konicek, Acting Directors Borok- 2001, pursuant to the authority of Adopted. Yeas 15. Nays 0. hovich and Johnson, Acting Director Section 129.25 of the Codified Ordi- Smith, Directors Hudecek, Warren nances of Cleveland, Ohio 1976, Res. No. 513-01. and Alexander. which on the basis of the estimated By Councilman Jackson (by re- Absent: Directors Whitlow, Miller quantity would amount to One Hun- quest). and Patterson. dred Seventeen Thousand Three An emergency resolution declar- Others: Myrna Branche, Commis- Hundred Ninety-Two Dollars, ing the intention to vacate portions sioner, Purchases and Supplies. ($117,392.00), is hereby affirmed and of East 57th Street, Tivoli Court Carol Whitaker, Acting Director, approved as the lowest and best bid, S.E., East 59th Place and Chadakoin Office of Equal Opportunity. and the Director of Public Utilities Court S.E. On motion, the following resolu- is hereby requested to enter into a Approved by Directors of Public tions were adopted. requirement contract for such com- Service, City Planning Commission, modities, which shall provide for the Finance, Law; Passage recommend- Resolution No. 445-01. immediate purchase as the initial ed by Committees on Public Service, By Director Konicek. amount of such contract of the fol- City Planning, Finance. Be it resolved, by the Board of lowing: The rules were suspended. Yeas Control of the City of Cleveland that 15. Nays 0. Read third time in full. all bids received on May 2, 2001 for Requisition No. 38723 Adopted. Yeas 15. Nays 0. labor and materials to install and which shall be certified against repair fencing, for the Division of such contract in the sum of Sixty RECORDING OF VOTE OF Water Pollution Control, Depart- Thousand Dollars ($60,000.00). ABSENT MEMBER ment of Public Utilities, pursuant to Said requirement contract shall the authority of Ordinance No. 1958- further provide that the Contractor Pursuant to Rule 22 of the Rules 2000, passed February 12, 2001, be will furnish the remainder of the of Order Governing the Council of and the same are hereby rejected. requirement for such commodities, the City of Cleveland, Council Mem- Yeas: Acting Mayor Carter, Acting whether more or less than said esti- ber Joseph T. Jones, records his vote Director Marks, Directors Clark, mated quantity, as may be ordered as “Yea” on the passage of Ordi- Konicek, Acting Directors Borok- under subsequent requisitions sepa- nance No. 452-01, an ordinance to hovich and Johnson, Acting Director rately certified against said con- amend Sections 350.04 and 350.10 of Smith, Directors Hudecek, Warren tract. the Codified Ordinances of Cleve- and Alexander. Yeas: Acting Mayor Carter, Acting land, Ohio, 1976, as amended by Nays: None. Director Marks, Directors Clark, Ordinance No. 3076-A-89, passed Absent: Directors Whitlow, Miller Konicek, Acting Directors Borok- December 10, 1990, relating to bill- and Patterson. hovich and Johnson, Acting Director boards; to enact new Section 341.021 Smith, Directors Hudecek, Warren of said codified ordinances relating Resolution No. 446-01. and Alexander. to airport and lakefront public land By Director Konicek. Nays: None. protective districts; and to change Be it resolved, by the Board of Absent: Directors Whitlow, Miller the use, area and height districts Control of the City of Cleveland that and Patterson. of lands east of West 11 Street to all bids received on June 21, 2001 for limited access line of State Route Defective Pole Replacement, all Resolution No. 449-01. 176 (Map Change No 2029, Sheet No items, for the Division of Cleveland By Director Konicek. 6 ) . Public Power, Department of Public Be it resolved by the Board of Con- Utilities, pursuant to the authority Without objection, the vote on trol of the City of Cleveland that the of Ordinance No. 1387-2000, passed bid of Hughes Supply, Inc. for an Ordinance No. 452-01 is Yeas 15 and by the Council of the City of Cleve- estimated quantity of valves and Nays 0. land on November 13, 2000, be and appurtenances (Group B) (Item nos. the same are hereby rejected. 14 and 20), for the Division of Water, MOTION Yeas: Acting Mayor Carter, Acting Department of Public Utilities, for a Director Marks, Directors Clark, period of two (2) years beginning By Council Member Sweeney and Konicek, Acting Directors Borok- with the date of execution of a con- seconded by Council Member Cim- hovich and Johnson, Acting Director tract received on the 27th day of perman and unanimously carried Smith, Directors Hudecek, Warren June, 2001, pursuant to the authori- that the absence of Council Members and Alexander. ty of Section 129.25 of the Codified Kenneth L. Johnson and Timothy J. Nays: None. Ordinances of Cleveland, Ohio 1976, Melena is hereby authorized. Absent: Directors Whitlow, Miller which on the basis of the estimated and Patterson. quantity would amount to Thirteen MOTION Thousand Two Hundred Fifty-Nine Resolution No. 447-01. and 48/100 Dollars, ($13,259.48), is The Council adjourned at 12:45 By Director Konicek. hereby affirmed and approved as the a.m. to meet on Wednesday, August Be it resolved, by the Board of lowest and best bid, and the Direc- 15, 2001. Control of the City of Cleveland that tor of Public Utilities is hereby all bids received on June 27, 2001 for requested to enter into a require- corrosion control chemicals (all ment contract for such commodities, items) for the Division of Water, which shall provide for the immedi- Department of Public Utilities, pur- ate purchase as the initial amount suant to the authority of Codified of such contract of the following: Ordinances of the City of Cleveland, Sec. 129.24 are hereby rejected. Requisition No. 38724 Yeas: Acting Mayor Carter, Acting which shall be certified against Clerk of Council Director Marks, Directors Clark, such contract in the sum of Thirteen 1716 July 25, 2001 The City Record 51

Thousand Two Hundred Fifty-Nine quantity would amount to Nine Resolution No. 453-01. Dollars ($13,259.00). Thousand Seven Hundred Five and By Director Konicek. Said requirement contract shall 90/100 Dollars, ($9,705.90) (2%/10 Be it resolved by the Board of further provide that the Contractor Days), is hereby affirmed and Control of the City of Cleveland that will furnish the remainder of the approved as the lowest and best bid, the bid of Richmond Valve & Pipe requirement for such commodities, and the Director of Public Utilities Co., Inc. for an estimated quantity whether more or less than said esti- is hereby requested to enter into a of valves and appurtenances (Group mated quantity, as may be ordered requirement contract for such com- B) (Item nos. 1, 2, 3, 4, 6, 7, 8, 9, 10, under subsequent requisitions sepa- modities, which shall provide for the 11, 12 and 13) (Group C) (Items 1, rately certified against said con- immediate purchase as the initial 2 and 5), for the Division of Water, tract. amount of such contract of the fol- Department of Public Utilities, for a Yeas: Acting Mayor Carter, Acting lowing: period of two (2) years beginning Director Marks, Directors Clark, with the date of execution of a con- Konicek, Acting Directors Borok- Requisition No. 38727 tract received on the 27th day of hovich and Johnson, Acting Director which shall be certified against June, 2001, pursuant to the authori- Smith, Directors Hudecek, Warren such contract in the sum of Nine ty of Section 129.25 of the Codified and Alexander. Thousand Seven Hundred Five and Ordinances of Cleveland, Ohio 1976, Nays: None. 90/100 Dollars ($9,705.00). which on the basis of the estimated Absent: Directors Whitlow, Miller Said requirement contract shall quantity would amount to Three and Patterson. further provide that the Contractor Hundred Three Thousand Four Hun- will furnish the remainder of the dred Fifty-Six Dollars, ($303,456.00), Resolution No. 450-01. requirement for such commodities, is hereby affirmed and approved as By Director Konicek. whether more or less than said esti- the lowest and best bid, and the Be it resolved by the Board of mated quantity, as may be ordered Director of Public Utilities is here- Control of the City of Cleveland that under subsequent requisitions sepa- by requested to enter into a require- the bid of U.S. Filter Distribution rately certified against said con- ment contract for such commodities, Group for an estimated quantity of tract. which shall provide for the immedi- valves and appurtenances (Group C) Yeas: Acting Mayor Carter, Acting ate purchase as the initial amount (Item nos. 3, 4 and 6), for the Divi- Director Marks, Directors Clark, of such contract of the following: sion of Water, Department of Public Konicek, Acting Directors Borok- Utilities, for a period of two (2) hovich and Johnson, Acting Director Requisition No. 38728 years beginning with the date of Smith, Directors Hudecek, Warren which shall be certified against execution of a contract received on and Alexander. such contract in the sum of One the 27th day of June, 2001, pursuant Nays: None. Hundred Fifty Thousand Dollars to the authority of Section 129.25 of Absent: Directors Whitlow, Miller ($150,000.00). the Codified Ordinances of Cleve- and Patterson. Said requirement contract shall land, Ohio 1976, which on the basis further provide that the Contractor of the estimated quantity would Resolution No. 452-01. will furnish the remainder of the amount to Two Hundred Four Thou- By Director Konicek. requirement for such commodities, sand Nine Hundred Forty-Eight and Be it resolved by the Board of whether more or less than said esti- 04/100 Dollars, ($204,948.04) (Net 30 Control of the City of Cleveland mated quantity, as may be ordered Days), is hereby affirmed and that the bid of J. F. Good Compa- under subsequent requisitions sepa- approved as the lowest and best bid, ny for an estimated quantity of rately certified against said contract. Yeas: Acting Mayor Carter, Acting and the Director of Public Utilities valves and appurtenances (Group Director Marks, Directors Clark, is hereby requested to enter into a A) (Item nos. 13, 14, 15, 16, 17, 18, Konicek, Acting Directors Borok- requirement contract for such com- 19, 20, 21 and 22), for the Division hovich and Johnson, Acting Director modities, which shall provide for the of Water, Department of Public Smith, Directors Hudecek, Warren immediate purchase as the initial Utilities, for a period of two (2) and Alexander. amount of such contract of the fol- years beginning with the date of Nays: None. lowing: execution of a contract received on Absent: Directors Whitlow, Miller the 27th day of June, 2001, pursuant and Patterson. Requisition No. 38726 to the authority of Section 129.25 of which shall be certified against the Codified Ordinances of Cleve- Resolution No. 454-01. such contract in the sum of Eighty- land, Ohio 1976, which on the basis By Director Sheperd. Five Thousand Dollars ($85,000.00). of the estimated quantity would Whereas, pursuant to the authori- Said requirement contract shall amount to Six Thousand One Hun- ty of Section 139.02 of the Codified further provide that the Contractor dred Ninety-Nine and 82/100 Dol- Ordinances of Cleveland, Ohio 1976 will furnish the remainder of the lars, ($6,199.82) (2%/10 Days), is and Board of Control Resolution No. requirement for such commodities, hereby affirmed and approved as 30-98, adopted on January 21, 1998, whether more or less than said esti- the lowest and best bid, and the the City of Cleveland entered into a mated quantity, as may be ordered Director of Public Utilities is here- contract with Arkwright Mutual under subsequent requisitions sepa- by requested to enter into a require- Insurance Company (“Arkwright”), rately certified against said con- ment contract for such commodities, City Contract No. 52881, for proper- tract. which shall provide for the imme- ty damage and earnings insurance Yeas: Acting Mayor Carter, Acting diate purchase as the initial for various divisions of the Depart- Director Marks, Directors Clark, amount of such contract of the fol- ment of Port Control; and Konicek, Acting Directors Borok- l o w i n g : Whereas, on July 1, 1999, Allen- hovich and Johnson, Acting Director dale Mutual Insurance Company, Smith, Directors Hudecek, Warren Requisition No. 38725 Arkwright Mutual Insurance Com- and Alexander. which shall be certified against pany, Protection Mutual Insurance Nays: None. such contract in the sum of Six Company and Factory Mutual Absent: Directors Whitlow, Miller Thousand One Hundred Ninety-Nine merged to form Factory Mutual and Patterson. Dollars ($6,199.00). Insurance Company; and Said requirement contract shall Whereas, Factory Mutual Insur- Resolution No. 451-01. further provide that the Contractor ance Company is undertaking all of By Director Konicek. will furnish the remainder of the Arkwright’s obligations under said Be it resolved by the Board of requirement for such commodities, City Contract No. 52881 and repre- Control of the City of Cleveland that whether more or less than said esti- sents that such merger shall not the bid of Woodhill Supply, Inc. for mated quantity, as may be ordered constitute a waiver of any of Ark- an estimated quantity of valves and under subsequent requisitions sepa- wright’s obligations or the City’s appurtenances (Group A) (Item nos. rately certified against said con- rights thereunder; now, therefore, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12), tract. Be it resolved by Board of Control for the Division of Water, Depart- Yeas: Acting Mayor Carter, Acting of the City of Cleveland that this ment of Public Utilities, for a peri- Director Marks, Directors Clark, Board hereby acknowledges and od of two (2) years beginning with Konicek, Acting Directors Borok- consents to the merger of Arkwright the date of execution of a contract hovich and Johnson, Acting Director Mutual Insurance Company with received on the 27th day of June, Smith, Directors Hudecek, Warren Allendale Mutual Insurance Compa- 2001, pursuant to the authority of and Alexander. ny, Protection Mutual Insurance Section 129.25 of the Codified Ordi- Nays: None. Company and Factory Mutual and nances of Cleveland, Ohio 1976, Absent: Directors Whitlow, Miller acknowledges the change in name which on the basis of the estimated and Patterson. on and assignment of City Contract 1717 52 The City Record July 25, 2001

No. 52881 to Factory Mutual Insur- Sound Insulation Program, HVAC/Elec- ation of the Residential Sound Insu- ance Company. trical Construction, Contract “A-01”, lation Program, HVAC/Electrical Con- Be it further resolved that the all items, for the Division of Cleve- struction, Contract “B-01”, all items, for Director of Port Control is autho- land Hopkins International Airport, the Division of Cleveland Hopkins rized to execute all documents and Department of Port Control, received International Airport, Department of do all other things necessary to on April 25, 2001, pursuant to the Port Control, received on April 25, effect the consent to the merger and authority of Ordinance No. 930-95, 2001, pursuant to the authority of the assignment of City Contract No. passed on June 19, 1995 and Ordi- Ordinance No. 930-95, passed on June 52881 hereby granted and to nance No. 469-98, passed on May 18, 19, 1995 and Ordinance No. 469-98, acknowledge the name change. 1998, upon a unit basis for the passed on May 18, 1998, upon a unit Yeas: Acting Mayor Carter, Acting improvement, in the aggregate basis for the improvement, in the Director Marks, Directors Clark, amount of $922,037.61, is hereby aggregate amount of $1,018,190.00, is Konicek, Acting Directors Borok- affirmed and approved as the lowest hereby affirmed and approved as the hovich and Johnson, Acting Director responsible bid; and the Director of lowest responsible bid; and the Direc- Smith, Directors Hudecek, Warren Port Control is hereby authorized to tor of Port Control is hereby autho- and Alexander. enter into a contract for said rized to enter into a contract for said Nays: None. improvement with said bidder. improvement with said bidder. Absent: Directors Whitlow, Miller Be it further resolved that the Be it further resolved that the and Patterson. employment of the following sub- employment of the following sub- contractor by S&L Specialty Con- contractor by Gene’s Refrigeration Resolution No. 455-01. tracting, Inc. for the public improve- for the public improvement of the By Director Sheperd. ment of the Phase 2 Continuation of Phase 2 Continuation of the Resi- Be it resolved by the Board of the Residential Sound Insulation dential Sound Insulation Program, Control of the City of Cleveland that Program, HVAC/Electrical Con- HVAC/Electrical Construction, Con- pursuant to Ordinance No. 1119-01, struction, Contract “A-01”, hereby is tract “B-01”, hereby is approved: passed by the Cleveland City Coun- approved: cil on June 19, 2001, Solar Testing Coleman Trucking Laboratories, Inc. (“Consultant”) is MAP International (MBE) — $27,000.00 hereby selected upon the nomination $168,000 of the Director of Port Control from Yeas: Acting Mayor Carter, Acting a list of qualified consultants avail- Yeas: Acting Mayor Carter, Acting Director Marks, Directors Clark, able for such employment and deter- Director Marks, Directors Clark, Konicek, Acting Directors Borok- mined after a full and complete can- Konicek, Acting Directors Borok- hovich and Johnson, Acting Director vass by said Director as the envi- hovich and Johnson, Acting Director Smith, Directors Hudecek, Warren ronmental engineering firm to be Smith, Directors Hudecek, Warren and Alexander. employed by contract for the pur- and Alexander. Nays: None. pose of providing professional ero- Nays: None. Absent: Directors Whitlow, Miller sion and sediment control services Absent: Directors Whitlow, Miller and Patterson. for the Expansion Program at Cleve- and Patterson. land Hopkins International Airport. Resolution No. 459-01. Be it further resolved that the Resolution No. 457-01. By Director Sheperd. Director of Port Control is hereby By Director Sheperd. Be it resolved by Board of Control authorized to enter into a written Be it resolved by Board of Control of the City of Cleveland that the bid contract with Solar Testing Labora- of the City of Cleveland that the bid of S&L Specialty Contracting, Inc., tories, Inc., based on its proposal of S&L Specialty Contracting, Inc., for the public improvement of Phase dated March 1, 2001, as supplement- for the public improvement of Phase 2 Continuation of the Residential ed by letter dated July 3, 2001. The 2 Continuation of the Residential Sound Insulation Program, General fee for such environmental services Sound Insulation Program, General Construction, Contract “B-01”, all shall be an amount not to exceed Construction, Contract “A-01”, all items, for the Division of Cleveland Seven Hundred Fifty-Three Thou- items, for the Division of Cleveland Hopkins International Airport, sand Four Hundred Sixty and 48/100 Hopkins International Airport, Department of Port Control, received Dollars ($753,460.48). The contract Department of Port Control, received on April 25, 2001, pursuant to the authorized hereby shall be prepared on April 25, 2001, pursuant to the authority of Ordinance No. 930-95, by the Director of Law and shall authority of Ordinance No. 930-95, passed on June 19, 1995 and Ordi- contain such other provisions as passed on June 19, 1995 and Ordi- nance No. 469-98, passed on May 18, said Director deems necessary to nance No. 469-98, passed on May 18, 1998, upon a unit basis for the protect and benefit the public inter- 1998, upon a unit basis for the improvement, in the aggregate est. improvement, in the aggregate amount of $1,167,446.96, is hereby Be it further resolved that the amount of $1,117,896.11, is hereby affirmed and approved as the low- employment of the following sub- affirmed and approved as the low- est responsible bid; and the Director contractors by Solar Testing Labo- est responsible bid; and the Director of Port Control is hereby authorized ratories, Inc. for the above-men- of Port Control is hereby authorized to enter into a contract for said tioned contract is hereby approved: to enter into a contract for said improvement with said bidder. improvement with said bidder. Be it further resolved that the SUBCONTRACTOR Be it further resolved that the employment of the following sub- SERVICES employment of the following sub- contractor by S&L Specialty Con- contractor by S&L Specialty Con- tracting, Inc. for the public improve- Kemron Environmental Services tracting, Inc. for the public improve- ment of the Phase 2 Continuation of (30% — MBE) ment of the Phase 2 Continuation of the Residential Sound Insulation Environmental Project Support the Residential Sound Insulation Program, General Construction Con- Program, General Construction Con- tract “B-01”, hereby is approved: Office Pro tract “A-01”, hereby is approved: (10% — FBE) MAP International Administrative Services MAP International (MBE) — $220,000.00 (MBE) — $220,000.00 Yeas: Acting Mayor Carter, Acting Yeas: Acting Mayor Carter, Acting Director Marks, Directors Clark, Yeas: Acting Mayor Carter, Acting Director Marks, Directors Clark, Konicek, Acting Directors Borok- Director Marks, Directors Clark, Konicek, Acting Directors Borok- hovich and Johnson, Acting Director Konicek, Acting Directors Borok- hovich and Johnson, Acting Director Smith, Directors Hudecek, Warren hovich and Johnson, Acting Director Smith, Directors Hudecek, Warren and Alexander. Smith, Directors Hudecek, Warren and Alexander. Nays: None. and Alexander. Nays: None. Absent: Directors Whitlow, Miller Nays: None. Absent: Directors Whitlow, Miller and Patterson. Absent: Directors Whitlow, Miller and Patterson. and Patterson. Resolution No. 456-01. Resolution No. 460-01. By Director Sheperd. Resolution No. 458-01. By Director Ricchiuto. Be it resolved by Board of Control By Director Sheperd. Whereas, pursuant to the authori- of the City of Cleveland that the bid Be it resolved by Board of Control ty of Ordinance No. 887-99, passed by of S&L Specialty Contracting, Inc., of the City of Cleveland that the bid the Council of the City of Cleveland for the public improvement of Phase of Gene’s Refrigeration, for the pub- on June 17, 1997, and Resolution No. 2 Continuation of the Residential lic improvement of Phase 2 Continu- 381-99, adopted by this Board of Con- 1718 July 25, 2001 The City Record 53 trol on June 23, 1999 the City, Hundred Thousand and 00/100 Dol- Whereas, Ordinance No. 1261-01 through its Director of Public Ser- lars ($400,000.00). passed June 19, 2001, authorized the vice, entered into an agreement with Be it further resolved by the sale of said parcels for a considera- Dodson-Stilson, Inc. (“Consultant”), Board of Control of the City of tion established by the Board of Contract No. 55201 for the purpose of Cleveland, that the employment of Control at not less than the Fair supplementing the regularly the following subcontractors by Market Value; and employed staff of several depart- Kenmore Construction Company Inc. Whereas, Detroit Shoreway Com- ments of the City of Cleveland in for the grinding of local streets is munity Development Organization order to provide the professional ser- hereby approved: has proposed to the City to purchase vices necessary to design Noise and develop said parcels; now, there- Wall Barriers and Landscaping near Granger Trucking fore, CSX and Norfolk Southern Railroads MBE — $81,000.00 — 15% Be it resolved by the Board of Lines at various locations; and Control of the City of Cleveland that Whereas, the City desires to LT Services pursuant to the authorization of increase the original scope of ser- FBE — $27,000.00 — 5% Ordinance No. 1261-01 passed June vices to include additional design 19, 2001, by the Cleveland City Coun- services and additional surveying Yeas: Acting Mayor Carter, Acting cil, the Mayor is hereby authorized services; and Director Marks, Directors Clark, to execute an official deed for and Whereas, Consultant has proposed Konicek, Acting Directors Borok- on behalf of the City of Cleveland by its February 15, 2001 and April hovich and Johnson, Acting Director with Detroit Shoreway Community 24, 2001 letters to perform the addi- Smith, Directors Hudecek, Warren Development Organization for the tional professional services and Alexander. sale and development of Permanent required; now, therefore, Nays: None. Parcel Nos. 002-31-112, 002-31-113, 002- Be it resolved by the Board of Absent: Directors Whitlow, Miller 31-116, 002-31-118, 002-31-120, 002-31- Control of the City of Cleveland that and Patterson. 121, 002-31-122, as described in said the Director of Public Service here- Ordinance in accordance with the by is authorized to enter into a first Resolution No. 462-01. Land Reutilization Program in such modification to Contract No. 55201 By Director Guzman. manner as best carries out the with Dodson-Stilson, Inc. in accor- Resolved by the Board of Control intent of said program. dance with its February 15, 2001 and of the City of Cleveland that the bid Be it further resolved that the con- April 24, 2001 letters for the addi- of Loadometer Corporation for an sideration for said parcels shall be tional professional services required estimated quantity of Truck Load $100.00 each, which amount is here- for the professional services neces- Scales for the Division of Police, by determined to be not less than sary to design Noise Wall Barriers Department of Public Safety, for the the fair market value of said parcels and Landscaping near CSX and Nor- period of one (1) year beginning for uses in accordance with the folk Southern Railroads Lines at with the date of execution of a con- Land Reutilization Program. various locations. The compensation tract received on March 22, 2001, pur- Yeas: Acting Mayor Carter, Acting for such additional services autho- suant to the authority of Ordinance Director Marks, Directors Clark, rized hereby shall not exceed the No. 1005-2000, which was passed by Konicek, Acting Directors Borok- amount of $111,207.00, thereby Cleveland City Council on July 17, hovich and Johnson, Acting Director increasing the total compensation 2000, which on the basis of the esti- Smith, Directors Hudecek, Warren under the Agreement from mated quantity would amount to and Alexander. $695,910.00 to $807,117.00. The modi- Twenty Thousand, Nine Hundred Nays: None. fication authorized hereby shall be Ten and 00/100 Dollars, ($20,910.00), Absent: Directors Whitlow, Miller prepared by the Director of Law and (Net 30 Days), is hereby affirmed and Patterson. shall include such provisions as said and approved as the lowest and best Director deems necessary to benefit bid, and the Director of Public Safe- Resolution No. 464-01. and protect the public interest. ty is hereby requested to enter into By Director Hudecek. Yeas: Acting Mayor Carter, Acting a requirement contract for such Whereas, pursuant to Ordinance Director Marks, Directors Clark, goods and/or services, which shall No. 2076-76 passed October 25, 1976, Konicek, Acting Directors Borok- provide for the immediate purchase hovich and Johnson, Acting Director as the initial amount of such con- the City is conducting a Land Reuti- Smith, Directors Hudecek, Warren tract of the following: lization Program in accordance with and Alexander. the provision of Chapter 5722 of the Nays: None. Requisition No. 37440 Ohio Revised Code; and Absent: Directors Whitlow, Miller as specified Whereas, City has acquired Per- and Patterson. which shall be certified against manent Parcel Nos. 109-24-020 and such contract in the sum of Twenty 109-24-021 under said Land Reuti- Resolution No. 461-01. Thousand, Nine Hundred Ten and lization Program; and By Director Ricchiuto. 00/100 Dollars ($20,910.00). Whereas, Ordinance No. 1010-2000 Resolved, by the Board of Control Said requirement contract shall passed June 19, 2001, authorized the of the City of Cleveland, that the bid further provide that the Contractor sale of said parcels for a considera- of Kenmore Construction Company shall furnish the remainder of the tion established by the Board of for the public improvement of grind- City’s requirement for such goods Control at not less than the Fair ing of the local streets for the Divi- and/or services, whether more or Market Value; and sion of Streets, Department of Pub- less than said estimated quantity, as Whereas, Refreshing Spring Bap- lic Service, for the period of One (1) may be ordered under subsequent tist Ministries Church has proposed year beginning with the date of exe- requisitions separately certified to the City to purchase and develop cution of a contract, received on July against said contract. said parcels; now, therefore, 12, 2001, pursuant to the authority of Yeas: Acting Mayor Carter, Acting Be it resolved by the Board of Ordinance No. 1681-2000, passed Director Marks, Directors Clark, Control of the City of Cleveland that December 7, 2000, upon a unit basis Konicek, Acting Directors Borok- pursuant to the authorization of for the improvement to be performed hovich and Johnson, Acting Director Ordinance No. 1010-2000 passed June as ordered during one (1) year Smith, Directors Hudecek, Warren 19, 2001, by the Cleveland City Coun- beginning upon execution of the con- and Alexander. cil, the Mayor is hereby authorized tract at the unit prices set forth in Nays: None. to execute an official deed for and the said bid, which on the basis of Absent: Directors Whitlow, Miller on behalf of the City of Cleveland the estimated work to be done would and Patterson. with Refreshing Spring Baptist Min- amount to Five Hundred Thirty istries Church for the sale and Thousand and 00/100 Dollars Resolution No. 463-01. development of Permanent Parcel ($530,000.00), is hereby affirmed and By Director Hudecek. Nos. 109-24-020 and 109-24-021, as approved as the lowest responsible Whereas, pursuant to Ordinance described in said Ordinance in accor- bid; and the Director of Public Ser- No. 2076-76 passed October 25, 1976, dance with the Land Reutilization vice is hereby requested to enter into the City is conducting a Land Reuti- Program in such manner as best car- requirement contract for such goods lization Program in accordance with ries out the intent of said program. and/or services, which shall provide the provision of Chapter 5722 of the Be it further resolved that the con- for the immediate purchase as the Ohio Revised Code; and sideration for said parcels shall be initial amount of such contract: Whereas, City has acquired Per- $100 each, which amount is hereby manent Parcel Nos. 002-31-112, 002-31- determined to be not less than the Requisition No. 30143 113, 002-31-116, 002-31-118, 002-31-120, fair market value of said parcels for which shall be certified against 002-31-121, 002-31-122 under said Land uses in accordance with the Land such contract in the sum of Four Reutilization Program; and Reutilization Program. 1719 54 The City Record July 25, 2001

Yeas: Acting Mayor Carter, Acting to execute an official deed for and Whereas, City has acquired Per- Director Marks, Directors Clark, on behalf of the City of Cleveland manent Parcel No. 127-14-010 under Konicek, Acting Directors Borok- with The Boys and Girls Club of said Land Reutilization Program; hovich and Johnson, Acting Director Cleveland for the sale and develop- and Smith, Directors Hudecek, Warren ment of Permanent Parcel Nos. 131- Whereas, Ordinance No. 828-01 and Alexander. 25-004, 131-25-005, 131-25-015, 131-25- passed June 19, 2001, authorized the Nays: None. 011, 131-25-014, and 131-25-017, as sale of said parcel for a considera- Absent: Directors Whitlow, Miller described in said Ordinance in accor- tion established by the Board of and Patterson. dance with the Land Reutilization Control at not less than the Fair Program in such manner as best car- Market Value; and Resolution No. 465-01. ries out the intent of said program. Whereas, Center for Families and By Director Hudecek. Be it further resolved that the con- Children has proposed to the City to Whereas, pursuant to Ordinance sideration for said parcels shall be purchase and develop said parcel; No. 2076-76 passed October 25, 1976, $100 each, which amount is hereby now, therefore, the City is conducting a Land Reuti- determined to be not less than the Be it resolved by the Board of lization Program in accordance with fair market value of said parcels for Control of the City of Cleveland that the provision of Chapter 5722 of the uses in accordance with the Land pursuant to the authorization of Ohio Revised Code; and Reutilization Program. Ordinance No. 828-01 passed June 19, Whereas, City has acquired Per- Yeas: Acting Mayor Carter, Acting 2001, by the Cleveland City Council, manent Parcel Nos. 119-07-051 and Director Marks, Directors Clark, the Mayor is hereby authorized to 119-07-052 under said Land Reuti- Konicek, Acting Directors Borok- execute an official deed for and on lization Program; and hovich and Johnson, Acting Director behalf of the City of Cleveland with Whereas, Ordinance No. 704-01 Smith, Directors Hudecek, Warren Center for Families and Children for passed June 19, 2001, authorized the and Alexander. the sale and development of Perma- sale of said parcels for a considera- Nays: None. nent Parcel No. 127-14-010, as tion established by the Board of Absent: Directors Whitlow, Miller described in said Ordinance in accor- Control at not less than the Fair and Patterson. dance with the Land Reutilization Market Value; and Program in such manner as best car- Whereas, Orca House, Inc. has Resolution No. 467-01. ries out the intent of said program. proposed to the City to purchase and By Director Hudecek. Be it further resolved that the con- develop said parcels; now, therefore, Whereas, pursuant to Ordinance sideration for said parcel shall be Be it resolved by the Board of No. 2076-76 passed October 25, 1976, $100, which amount is hereby deter- Control of the City of Cleveland that the City is conducting a Land Reuti- mined to be not less than the fair pursuant to the authorization of lization Program in accordance with market value of said parcel for uses Ordinance No. 704-01 passed June 19, the provision of Chapter 5722 of the in accordance with the Land Reuti- 2001, by the Cleveland City Council, Ohio Revised Code; and lization Program. the Mayor is hereby authorized to Whereas, City has acquired Per- Yeas: Acting Mayor Carter, Acting execute an official deed for and on manent Parcel Nos. 143-17-080, 143-17- Director Marks, Directors Clark, behalf of the City of Cleveland with 081 and 143-17-082 under said Land Konicek, Acting Directors Borok- Orca House, Inc. for the sale and Reutilization Program; and hovich and Johnson, Acting Director development of Permanent Parcel Whereas, Ordinance No. 1036-01 Smith, Directors Hudecek, Warren Nos. 119-07-051 and 119-07-052, as passed June 19, 2001, authorized the and Alexander. described in said Ordinance in accor- sale of said parcels for a considera- Nays: None. dance with the Land Reutilization tion established by the Board of Absent: Directors Whitlow, Miller Program in such manner as best car- Control at not less than the Fair and Patterson. ries out the intent of said program. Market Value; and Be it further resolved that the con- Whereas, Amistad Development Resolution No. 469-01. sideration for said parcels shall be Corporation has proposed to the City By Director Sheperd. $100, which amount is hereby deter- to purchase and develop said Resolved, by the Board of Control mined to be not less than the fair parcels; now, therefore, of the City of Cleveland that all bids market value of said parcels for Be it resolved by the Board of received on August 30, 2000 for the uses in accordance with the Land Control of the City of Cleveland public improvement of West Hangar Reutilization Program. that pursuant to the authorization Road, for the Division of Cleveland Yeas: Acting Mayor Carter, Acting of Ordinance No. 1036-01 passed Hopkins International Airport, Director Marks, Directors Clark, June 19, 2001, by the Cleveland City Department of Port Control, pur- Konicek, Acting Directors Borok- Council, the Mayor is hereby autho- suant to the authority of Ordinance hovich and Johnson, Acting Director rized to execute an official deed for Nos. 552-2000 and 1234-2000, passed Smith, Directors Hudecek, Warren and on behalf of the City of Cleve- by the Council of the City of Cleve- and Alexander. land with Amistad Development land on June 19 and July 17, 2000 Nays: None. Corporation for the sale and devel- respectively, be and the same are Absent: Directors Whitlow, Miller opment of Permanent Parcel Nos. hereby rejected. and Patterson. 143-17-080, 143-17-081 and 143-17-082, Yeas: Acting Mayor Carter, Acting as described in said Ordinance in Director Marks, Directors Clark, Resolution No. 466-01. accordance with the Land Reuti- Konicek, Acting Directors Borok- By Director Hudecek. lization Program in such manner as hovich and Johnson, Acting Director Whereas, pursuant to Ordinance best carries out the intent of said Smith, Directors Hudecek, Warren No. 2076-76 passed October 25, 1976, p r o g r a m . and Alexander. the City is conducting a Land Reuti- Be it further resolved that the con- Nays: None. lization Program in accordance with sideration for said parcels shall be Absent: Directors Whitlow, Miller the provision of Chapter 5722 of the $100 each, which amount is hereby and Patterson. Ohio Revised Code; and determined to be not less than the Whereas, City has acquired Per- fair market value of said parcels for Resolution No. 470-01. manent Parcel Nos. 131-25-004, 131-25- uses in accordance with the Land By Director Ricchiuto. 005, 131-25-015, 131-25-011, 131-25-014, Reutilization Program. Whereas, pursuant to the authori- and 131-25-017 under said Land Yeas: Acting Mayor Carter, Acting ty of Ordinance No. 736-01, passed Reutilization Program and Director Marks, Directors Clark, June 4, 2001 by the Council of the Whereas, Ordinance No. 1165-01 Konicek, Acting Directors Borok- City of Cleveland, the Commissioner passed June 19, 2001, authorized the hovich and Johnson, Acting Director of Purchases and Supplies is autho- sale of said parcels for a considera- Smith, Directors Hudecek, Warren rized by and at the direction of the tion established by the Board of and Alexander. Board of Control to convey a non- Control at not less than the Fair Nays: None. exclusive easement described there- Market Value; and Absent: Directors Whitlow, Miller in and located on West 3rd Street Whereas, The Boys and Girls Club and Patterson. (under the West 3rd Street Ramp), of Cleveland has proposed to the south of Scranton Road and to lease City to purchase and develop said Resolution No. 468-01. certain City-owned land north of the parcels; now, therefore, By Director Hudecek. Inner-Belt Bridge, both interests no Be it resolved by the Board of Whereas, pursuant to Ordinance longer needed for public use, to F.C. Control of the City of Cleveland that No. 2076-76 passed October 25, 1976, Southridge Corporation; pursuant to the authorization of the City is conducting a Land Reuti- Whereas, said Ordinance No. 736- Ordinance No. 1165-01 passed June lization Program in accordance with 01 provided that the consideration to 19, 2001, by the Cleveland City Coun- the provision of Chapter 5722 of the be paid for the easement shall be at cil, the Mayor is hereby authorized Ohio Revised Code; and a price not less than fair market 1720 July 25, 2001 The City Record 55 value and the rentals for the leas- SCHEDULE OF THE BOARD Avenue; said conversion being con- ing authorized shall be at fair mar- OF ZONING APPEALS trary to the Industrial District Reg- ket value, both as determined by the ulations of Section 345.03(c)(33) Board of Control; now, therefore, where a 7' high screened fence is Be it resolved by the Board of MONDAY, AUGUST 6, 2001 required around open storage area Control of the City of Cleveland that and contrary to the Landscaping pursuant to Ordinance No. 736-01, 9:30 A.M. and Screening Requirements where passed by the Council of the City of outdoor storage requires a screened Cleveland on June 4, 2001, the Com- Calendar No. 01-142: 791 East 185th barrier of sufficient height to con- missioner of Purchases and Supplies Street (Ward 11) ceal use from view as stated in Sec- is hereby directed to convey a non- Irene Pasalaqua, owner, and Tom tion 352.10 of the Codified Ordi- exclusive easement in City-owned Meraglio, tenant, appealed to create n a n c e s . land, no longer needed for public an interior opening 6' wide x 7' use, described therein and located high for the expansion of an exist- Calendar No. 01-145: 9507 Quebec on West 3rd Street (under the West ing bar and lounge and were denied 3rd Street Ramp), south of Scranton Avenue (Ward 6) on March 8, 1999, and now appeal to Road, to F.C. Southridge Corpora- Anita Turner, owner, appeals to expand an existing auto sales lot tion. The consideration to be paid change the use of an existing 29' for said non-exclusive easement is and add use of an existing garage x 35' one-story masonry building hereby fixed at $1,900. The amount for auto detailing and cleaning cars into a day care facility situated on to be paid for the leasing authorized and to expand an existing tavern an approximate 40' x 142' parcel by said Ordinance is hereby fixed at area all located on a 50' x 169' par- located in a Limited Multi-Family $7,500 annually. Both the considera- cel located in a Local Retail Busi- District on the north side of Que- tion for the easement and the annu- ness District on the northeast cor- bec Avenue at 9507 Quebec al amounts to be paid for the lease ner of East 185th Street at 791 East Avenue, said change of use being authorized are hereby determined to 185th Street; said expansion being contrary to the Residential Dis- be not less than fair market value. contrary to the Local Retail Busi- trict Requirements of Section Be it further resolved that the ness Requirements of Section 337.05 where by reference, as reg- Mayor of the City of Cleveland is 343.01(G)(4) where auto detailing ulated in the least restricted adja- hereby requested to execute and and cleaning are not permitted in a cent district (One-Family), Section deliver the official deed of the City Local Retail District and contrary 337.02(f)(3)(c), and 30' is required of Cleveland conveying said ease- to the Off-Street Parking and Load- and contrary to the substitution of ment and the Director of Public Ser- ing Requirements of Section 349.07 nonconforming use limitations as vice is requested to execute and where wheel bumper guards are stated in Section 359.01 of the Cod- deliver the lease authorized hereby, required and none are proposed and ified Ordinances. which documents shall contain such parking spaces and vehicle maneu- additional terms and conditions as vering areas must be hard surfaced the Director of Law shall deem nec- Calendar No. 01-146: 3000 Bridge and drained, and Section 349.08 essary to protect and benefit the Avenue (Ward 14) public interest. where trash and refuse containers West Side Community House, Yeas: Acting Mayor Carter, Acting must be screened with opaque fenc- owner, and John Rakauskas, agent, Director Marks, Directors Clark, ing not lower than the refuse con- appeal to expand the use of an Konicek, Acting Directors Borok- tainers and must be placed on a existing approximate 70' x 108' hovich and Johnson, Acting Director concrete slab and contrary to the four-story masonry building into a Smith, Directors Hudecek, Warren Landscaping and Screening day care facility situated on an and Alexander. Requirements of Section 352.11 approximate 108' x 116' parcel Nays: None. where an 8' transition strip is located in a Two-Family District on Absent: Directors Whitlow, Miller required along the rear property the northwesterly corner of West and Patterson. line, screening the property in ques- 30th Street and Bridge Avenue at tion between the residential district 3000 Bridge Avenue; said expansion JEFFREY B. MARKS, and a 3' strip is proposed, and a 6' being contrary to the Residential Secretary wide landscaping strip is required District Requirements of Section between the proposed parking and 337.05 where by reference, as regu- the street (Cherokee Avenue) and lated in the least restricted adjacent CIVIL SERVICE NOTICES contrary to the expansion of non- district (One-Family), Section ______conforming use limitations as stat- 337.02(f)(3)(c) and the proposed ed in Section 359.01 of the Codified expansion is adjacent to a Two-Fam- General Information O r d i n a n c e s . ily District, 30' is required and con- trary to the expansion of noncon- Application blanks and informa- Calendar No. 01-143: 4774 West 32nd forming use limitations as stated in tion, regarding minimum entrance qualifications, scope of examination, Street (Ward 16) Section 359.01 of the Codified Ordi- and suggested reference materials Shayne M. Shella, owner, appeals nances. may be obtained at the office of the to install approximately 160 linear Civil Service Commission, Room 119, feet of 6' high wooden fencing Calendar No. 01-147: Appeal of City Hall, East 6th Street, and Lake- around the perimeter of a 40' x 100' Robert Madden d.b.a. K&M Tow- side Avenue. parcel located in a One-Family Dis- ing & Automotive (Ward 20) Application blanks must be prop- trict on the west side of West 32nd Robert Madden, owner, appeals erly filled out on the official form Street at 4774 West 32nd Street; said under authority of Section 76-6 of prescribed by the Civil Service Com- installation being contrary to the the Charter of the City of Cleveland mission and filed at the office of the Fence Regulations of Section from the disapproval of an applica- commission not later than the final 358.02(c) where the proposed fence tion for a Motor Vehicle Repair closing date slated in the examina- is required to be 50% open and a 6' Garage License at 13011 Bellaire tion announcement. high fence is proposed, and the Road upon the recommendation of EXAMINATION RESULTS: Each maximum height of fencing permit- the Commissioner of Building and applicant whether passing or failing ted is 4' as stated in Section Housing for failure to comply with will be notified of the results of the 358.04(g) of the Codified Ordi- laws or regulations of the city relat- examination as soon as the com- n a n c e s . ing to motor vehicle repair garages, mission has graded the papers. including without limitation the pro- Thereafter, eligible lists will be Calendar No. 01-144: 13530 Miles visions of the Building Code, as stat- established which will consist of the Avenue (Ward 2) ed in Section 676A.04 of the Codified names of those candidates who have Ordinances. been successful in all parts of the Marvin Butler, owner, appeals to examination. convert a 38' x 48' one-story PHYSICAL EXAMINATION: All masonry building into an auto Calendar No. 01-148: 7050 Broadway candidates for original entrance repair shop and storage for used Avenue (Ward 12) positions who are successful in other auto parts in the building and stor- Broadway Elderly Housing LLC, parts of the examinations must sub- age of vehicles on the premises, all owner, and the NRP Group and mit to a physical examination. situated on an irregular shaped Chris Auvil, agent, appeal to con- acreage parcel located in a Semi- struct a 75" x 317" three-story wood ANNE BLOOMBERG, Industry District on the south side frame 42 dwelling unit, elderly President of Miles Avenue at 13530 Miles housing apartment building and 1721 56 The City Record July 25, 2001 accessory parking area, all situated Calendar No. 01-133: 3075 East 116th 6' high wooden privacy fencing to on an irregular shaped acreage cor- Street the north and a portion of the east ner parcel located in a General Morelight Missionary Baptist of a 40' x 125' corner parcel in a Retail Business District and a Two- Church, owner, appealed to con- One-Family District. Family District at the southwester- struct a 34' x 100' one-story mason- ly side of Broadway Avenue ry church building in a Local Retail Calendar No. 01-137: 4406 Bucyrus between East 69th Street and East Business District. Avenue 71st Street at 7050 Broadway Jeff and Rachel Vargo, owners, Avenue; said apartment building Calendar No. 01-44: 3712 East 59th appealed to install 12 linear feet of being contrary to the Residential Street 6' high wooden privacy fencing to District Requirements of Section Divna Cosas, owner, appealed to the northeast portion of a 40' x 135' parcel in a Two-Family District. 337.03 where a multi unit elderly construct a 21' x 47' one-story chapel in the rear of a 40' x 140' housing complex is not permitted in Calendar No. 01-140: 10938 Olivet a Two-Family District but first per- parcel in a Two-Family District; granted conditionally. Avenue mitted in a Multi-Family District, New Fellowship Baptist Church, and contrary to the Area Require- owner, appealed to replace 255 lin- Calendar No. 01-117: 16215 Trafalgar ments Regulations where 50,850 sq. ear feet of 4' high chain link fenc- ft. maximum gross floor area is pro- Avenue ing to the north, south and west of posed and 33,725 sq. ft. is permitted Yolanda Harris, owner, appealed a 114' x 175' parcel in a Multi- as stated in Section 355.04 of the to expand the use of a one family Family District; subject to use of Codified Ordinances. dwelling to include a day care in a the property conforming to the Two-Family District. C o d e . Calendar No. 01-150: 1872 West 45th Street (Ward 14) Calendar Nos. 01-154—01-161: 12510 Calendar No. 01-141: 1230 Parkwood Gail Spurgeon, owner, appeals to Mayfield Road Avenue install approximately 160 linear feet Alta Social Settlement House, New Fellowship Baptist Church, of 5' high chain link fencing to the owner, and Paul Volpe, agent, owner appealed to replace 270' of 4' south and east of a 30' x 132' par- appealed to construct a Common high chain link fencing to the north, cel located in a Two-Family District Area and Vehicle Access Way for a south and east of a 103' x 204' par- on the west side of West 45th Street 20 unit Townhouse Complex, 6 units cel in a Multi-Family District; sub- at 1872 West 45th Street; said instal- of which are in Cleveland and the ject to use of the property conform- ing to the Code. lation being contrary to the Fence others in Cleveland Heights; the 6 Cleveland units and Common Area The following appeal was heard on Regulation where the maximum being located in a Multi-Family and Monday, March 5, 2001, and said deci- height of fencing permitted along a a General Retail Business District. sion was approved and adopted by side yard is 6' and must be located the Board on July 23, 2001: 6' from the neighboring house and The following appeal was Denied: a 5' high fence is proposed and is Calendar No. 00-300: 13919-13921 St. located only 2' away from the Calendar No. 01-129: 3896-3900 East Clair Avenue neighboring house and the maxi- 116th Street Lawrence Hunt appealed to con- mum height of fencing permitted in Mary Fisco Trust, owner, appealed struct a one-story, self-serve auto the front yard is 4' and 5' is pro- to use a 37' x 47' one-story garage laundry in a Local Retail Business posed and the type of fencing pro- on an 87' x 151' parcel as an auto District; proposal approved by Com- posed in the front yard is chain link repair garage in a General Retail munity Development and City Plan- and the type of fencing permitted in Business District. ning. the front yard is ornamental and is required to be 50% open as stated The following appeal was Post- EUGENE CRANFORD, JR., in Section 358.04(a) of the Codified poned: Secretary Ordinances Calendar No. 01-131: 705-707 East REPORT OF THE BOARD EUGENE CRANFORD, JR., 159th Street postponed to August Secretary 6, 2001. OF BUILDING STANDARDS AND BUILDING APPEALS The following appeal was Dis- REPORT OF THE BOARD missed: Re: Report of the Meeting of OF ZONING APPEALS Calendar No. 01-122: 6918 Denison July 18, 2001 Avenue As required by the provisions of MONDAY, JULY23, 2001 Terry W. Chesbro, owner, and Waidi Iwais, tenant, appealed to Section 3103.20(2) of the Codified install 348 linear feet of 6' high Ordinances of the City of Cleveland, At the meeting of the Board of Ohio 1976, the following brief of chain link fencing on all sides of an Zoning Appeals on Monday, July 23, action of the subject meeting is acreage parcel in a Semi-Industry 2001, the following appeals were given for publication in The City District. heard by the Board: Record:

The following appeals were Ap- On Monday, July 23, 2001, in Exec- * * * proved: utive Session: Docket L-11-01. The following appeals were heard Calendar No. 01-130: 12620 North RE: Appeal of Roger Freeman, on Monday, July 16, 2001, and said Road appeals, from a LETTER OF decisions were approved and adopted Michael Wolf, owner, appealed to DENIAL FOR RENEWAL OF ELEC- by the Board on July 23, 2001: install 225 linear feet of 4' high TRICAL CONTRACTOR LICENSE wooden picket fencing at the south, of the Commissioner of the Division The following appeals were Ap- of Assessments & Licenses dated west, north and a portion of the proved: easterly perimeters and 40 linear May 31, 2001, requiring compliance with the Codified Ordinances of the feet of 6' high wooden picket fenc- Calendar No. 01-115: 12704 Larchmere ing to the northeast of a corner par- City of Cleveland, and the Ohio Boulevard Basic Building Code (OBBC). cel in a One-Family District; upon Heide Rivchun, owner, appealed BE IT RESOLVED, a motion is in submission and approval of a modi- to change the use of a two-story, order at this time to permit Mr. fied plan. two dwelling unit house into one Freeman to renew his ELECTRI- dwelling unit on the second floor CAL CONTRACTOR LICENSE with- Calendar No. 01-132: 3245 West 25th and a restaurant on the first floor out retaking the test, but with pay- Street in a Local Retail Business District. ment of the late filing fees. Motion J.N.C.C., Inc. d.b.a. Monroe’s, so in order. Motioned by Mr. owner, appealed under Section 76-6 Calendar No. 01-134: 13702 Clifford Williams and seconded by Mr. Sulli- of the City Charter from a refused Avenue van. approval of a Coin Operated Amuse- Joe and Carey Collins, owners Yeas: Messrs. Denk, Williams, ment Device License. appealed to install 103 linear feet of Saunders, Sullivan. Nays: None. 1722 July 25, 2001 The City Record 57

Docket L-13-01. Cleveland and the Ohio Basic Build- Docket A-60-01. RE: Appeal of Gary A. Walter, ing Code (OBBC). RE: Appeal of Plaza Automotive appeals from a LETTER OF Docket A-41-01 has been POST- c/o Jeanna Lewis, Owner of the One DENIAL FOR RENEWAL OF MAS- PONED until further notice and will Story Masonry Auto Repair Shop TER PLUMBER LICENSE of the not be rescheduled until the Board located on the premises known as Commissioner of the Division of hears from the Appellant or Fire 4635 Pearl Road (a.k.a. 4635 West Assessments & Licenses dated June Prevention Bureau. 25th Street) from a NOTICE OF 18, 2001, requiring compliance with VIOLATION/EXTERIOR MA I N T E - the Codified Ordinances of the City * * * NANCE of the Commissioner of the of Cleveland, and the Ohio Basic Division of Building and Housing, Building Code (OBBC). Docket A-54-01. dated March 19, 2001, requiring com- BE IT RESOLVED, a motion is in RE: Appeal of Janet Adelman, pliance with the Codified Ordinances order at this time to permit Mr. Wal- Owner of the Property located on of the City of Cleveland and the ter to renew his MASTER the premises known as 485 East Ohio Basic Building Code (OBBC). PLUMBER LICENSE without retak- 140th Street from a NOTICE OF No action by the Board this date, ing the test, but with payment of VIOLATION/FIRE CODE (aban- but to require Appellant to follow the late filing fees. Motion so in through with the Board of Zoning order. Motioned by Saunders and doned underground storage tank(s)) of the Chief of the Divi- Appeals; the docket will remain open seconded by Mr. Sullivan. for any future appeals to the Board Yeas: Messrs. Denk, Williams, sion Fire, dated March 12, 2001, requiring compliance with the Cod- of Building Standards and Building Saunders, Sullivan. Nays: None. Appeals should there be a need. ified Ordinances of the City of Cleveland and the Ohio Basic Build- * * * * * * ing Code (OBBC). Docket A-54-01 has been WITH- Docket L-14-01. Docket A-61-01. DRAWN at the request of the RE: Appeal of Fred J. Wakeley, RE: Appeal of Aldo Calabrese, appeals from a LETTER OF Appellant July 17, 2001, noting that Owner of the Lot with Trailer Recy- DENIAL FOR RENEWAL OF the tanks were removed July 14, cling Center located on the premis- ELECTRICAL CONTRACTOR 2 0 0 1 . es known as 16569 St. Clair Avenue LICENSE of the Commissioner of from a NOTICE OF VIOLA- the Division of Assessments & * * * TION/UNAUTHORIZED USE of the Licenses dated May 31, 2001, requir- Commissioner of the Division of ing compliance with the Codified Docket A-57-01. Building and Housing, dated March Ordinances of the City of Cleveland, RE: Appeal of William McBride, 23, 2001, requiring compliance with and the Ohio Basic Building Code Owner of the four Dwelling Unit the Codified Ordinances of the City (OBBC). Frame Property located on the of Cleveland and the Ohio Basic BE IT RESOLVED, a motion is premises known as 3209 West 46th Building Code (OBBC). in order at this time to permit Mr. Street (a.k.a. 3209-11 West 46th Wakeley to renew his ELECTRI- BE IT RESOLVED, a motion is in Street) from a NOTICE OF VIOLA- CAL CONTRACTOR LICENSE order at this time to REMAND the TION/PLUMBING/HVAC/ELECTRI- without retaking the test, but with property at 16569 St. Clair Avenue to CAL of the Commissioner of the payment of the late filing fees. the Division of Building and Hous- Motion so in order. Motioned by Mr. Division of Building and Housing, ing for supervision and any required Sullivan and seconded by Mr. Saun- dated March 16, 2001, requiring com- further action. Motion so in order. d e r s . pliance with the Codified Ordi- Motioned by Mr. Sullivan and sec- Yeas: Messrs. Denk, Williams, nances of the City of Cleveland and onded by Mr. Williams. Saunders, Sullivan. Nays: None. the Ohio Basic Building Code Yeas: Messrs. Denk, Williams, (OBBC). Saunders, Sullivan. Nays: None. * * * BE IT RESOLVED, a motion is in order at this time to REMAND * * * Docket L-15-01. the property at 3209 West 46th RE: Appeal of Philip Farhood, Street (a.k.a. 3209-11 West 46th Docket A-62-01. appeals from a LETTER OF Street) to the Division of Building RE: Appeal of William McBride, DENIAL FOR RENEWAL OF and Housing for supervision and owner of the One Dwelling Unit ELECTRICAL CONTRACTOR any required further action. Motion One/half Story Frame Residential LICENSE of the Commissioner of so in order. Motioned by Mr. Property located on the premises the Division of Assessments & Williams and seconded by Mr. known as 3211 West 46th Street fr o m Licenses dated June 27, 2001, requir- S a u n d e r s . a NOTICE OF VIOLATION/NUI- ing compliance with the Codified Yeas: Messrs. Denk, Williams, SANCE ABATEMENT/30 DAY CON- Ordinances of the City of Cleveland, Saunders, Sullivan. Nays: None. DEMNATION ORDER/MS & GARAGE and the Ohio Basic Building Code of the Commissioner of the Division ( O B B C ) . * * * of Building and Housing, dated BE IT RESOLVED, a motion is in April 12, 2001, requiring compliance with the Codified Ordinances of the order at this time to permit Mr. Far- Docket A-58-01. hood to renew his ELECTRICAL City of Cleveland and the Ohio Basic RE: Appeal of Weston Inc. CONTRACTOR LICENSE without Building Code (OBBC). (Owner), Dan D’Agostino of CRV, retaking the test, but with payment BE IT RESOLVED, a motion is in Inc. d.b.a. Groovie Little Night Club of the late filing fees. Motion so in order at this time to grant the (Tenant), Owner of the Nightclub order. Motioned by Mr. Williams and Appellant two (2) weeks in which (1st Floor) Four Story Masonry seconded by Mr. Saunders. to obtain permits and three (3) Yeas: Messrs. Denk, Williams, Property located on the premises months in which to abate the viola- Saunders, Sullivan. Nays: None. known as 1229 West 6th Street tions; the property is REMANDED (a.k.a. 1221-29 West 6th Street), from at this time to the Division of Build- * * * a VACATE FORTHWITH/HAZARD ing and Housing for supervision and O T H E R / H V A C / E L E C T R I C A L /NO T - any required further action. Motion Docket A-41-01. ICE OF VIOLATION—FIRE CODE so in order. Motioned by Mr. Saun- RE: Appeal of S. Rose Inc., Owner of the Commissioner of the Division ders and seconded by Mr. Sullivan. of the Property located on the of Building and Housing dated Yeas: Messrs. Denk, Williams, premises known as 1213 Prospect March 24th, 26th, 27th, 2001, requir- Saunders, Sullivan. Nays: None. Avenue from a NOTICE OF VIOLA- ing compliance with the Codified TION/FIRE CODE (There is no Ordinances of the City of Cleveland * * * automatic fire suppression system and the Ohio Basic Building Code in the basement—Municipal Code (OBBC). Docket A-63-01. 3111. 01 and ref: Ohio Basic Build- No action by the Board this date, RE: Appeal of William McBride, ing Code 4101:2-9, and Section but to prohibit occupancy of the Owner of the Two Dwelling Units 904.10) of the Chief of the Division basement area until approved by the Two Story Frame Residential Prop- of Fire dated February 27, 2000, City, and to keep the docket open erty located on the premises known requiring compliance with the Cod- for any appeals on the improve- as 5410 Courtland Court from a 30 ified Ordinances of the City of ments. DAY CONDEMNATION ORDER/MS 1723 58 The City Record July 25, 2001 of the Commissioner of the Division Code 389.32(b) — insufficient amount ten (10) feet of the property lines, of Building and Housing, dated of water from domestic water sup- provided: 4'-3") of the Commission- April 12, 2001, requiring compliance ply for the sprinkler system; Munic- er of the Division of Building and with the Codified Ordinances of the ipal Code 389.34(b) — remove and Housing, dated June 21, 2001, requir- City of Cleveland and the Ohio Basic replace all painted sprinkler heads) ing compliance with the Codified Building Code (OBBC). of the Chief of the Division of Fire, Ordinances of the City of Cleveland BE IT RESOLVED, a motion is in dated March 21, 2001, requiring com- and the Ohio Basic Building Code order at this time to REMAND the pliance with the Codified Ordi- (OBBC). property at 5410 Courtland Court to nances of the City of Cleveland and BE IT RESOLVED, a motion is in the Division of Building and Hous- the Ohio Basic Building Code order at this time to grant the vari- ing for supervision and any required (OBBC). ance to the ten (10) feet require- further action. Motion so in order. Docket A-68-01 has been WITH- ment (3117.03(G)(H)) and permit Motioned by Mr. Williams and sec- DRAWN at the request of the Appel- the pool to be erected four (4) onded by Mr. Sullivan. lant July 12, 2001. feet/three (3) inches from the prop- Yeas: Messrs. Denk, Williams, erty lines, noting the letters of con- Saunders, Sullivan. Nays: None. * * * currence from the adjacent neigh- bors. Motion so in order. Motioned * * * Docket A-82-01. by Mr. Saunders and seconded by RE: Appeal of Dean Salivaras Mr. Sullivan. Docket A-64-01. (Mirage On The Water Inc.), Owner Yeas: Messrs. Denk, Williams, RE: Appeal of William McBride, of the One Story Masonry Property Saunders, Sullivan. Nays: None. Owner of the One Dwelling Unit located on the premises known as One/half Story Frame Residential 2510 Elm Street from a NOTICE OF * * * Property located on the premises VI O L A T I O N / E L E C T R I C A L / U N S A F E known as 3132 West 17th Place from CONDITIONS/PLUMBING of the Co m - Docket A-105-01. a NOTICE OF VIOLATION/NUI- missioner of the Division of Build- RE: Appeal of George Kenny, SANCE ABATEMENT/30 DAY CON- ing and Housing, dated March 12, Owner of the One Family Residen- DEMNATION ORDER/MS & 2001, requiring compliance with the tial Property and Proposed Swim- GARAGE of the Commissioner of Codified Ordinances o the City of ming Pool located on the premises the Division of Building and Hous- Cleveland and the Ohio Basic Build- known as 319 South Ridge Drive ing, dated April 12, 2001, requiring ing Code (OBBC). from a NOTICE OF NONCONFOR- compliance with the Codified Ordi- Docket A-82-01 has been POST- MANCE (3117.03(G)(H)) — no swim- nances of the City of Cleveland and PONED; to be rescheduled for ming pool shall be erected within the Ohio Basic Building Code, August 15, 2001. ten (10) feet of the property lines, (OBBC). provided: 4' & 4') of the Commis- BE IT RESOLVED, a motion is in * * * sioner of the Division of Building order at this time to REMAND the and Housing, dated June 21, 2001, property at 3132 West 17th Place to Docket A-91-01. requiring compliance with the Codi- the Division of Building and Hous- RE: Appeal of Tremont Ridge fied Ordinances of the City of Cleve- ing for supervision and any required Phase I Limited Partnership, land and the Ohio Basic Building further action. Motion so in order. Owner of the One Family Residen- Code (OBBC). Motioned by Mr. Saunders and sec- tial Property located on the premis- BE IT RESOLVED, a motion is in onded by Mr. Sullivan. es known as 519 Literary Road order at this time to grant the vari- Yeas: Messrs. Denk, Williams, from a NOTICE OF NONCONFOR- ance to the ten (10) feet require- Saunders, Sullivan. Nays: None. MANCE (R-110-plans required for ment (3117.03(G)(H)) and permit 3rd story outside deck and exits; the pool to be erected four (4) feet * * * R111.1—exits/two separate exits and four (4) feet from the property shall be provided from all stories lines, noting the letters of concur- Docket A-66-01. with habitable room above the sec- rence from the adjacent neighbors. RE: Appeal of Douglas ond story) of the Commissioner of Motion so in order. Motioned by Mr. Link/Richard Berg, Owners of the the Division of Building and Hous- Sullivan and seconded by Mr. One Story Brick Auto Salvage & ing, dated June 1, 2001, requiring Williams. Wrecking Yard located on the compliance with the Codified Ordi- Yeas: Messrs. Denk, Williams, premises known as 3210 East 65th nances of the City of Cleveland and Saunders, Sullivan. Nays: None. Street (a.k.a. 3210-30 East 65th the Ohio Basic Building Code Street) from a NOTICE OF VIOLA- ( O B B C ) . * * * TION/GENERAL MAINTENANCE of BE IT RESOLVED, that the rul- the Commissioner of the Division of ing of the Board is to grant a vari- Docket A-107-01. Building and Housing, dated March ance to R-111.1 and permit the RE: Appeal of James Kassouf, 19, 2001, requiring compliance with remaining structures to be built in Owner of the Property located on the Codified Ordinances of the City compliance with the current CABO the premises known as 1296 West of Cleveland and the Ohio Basic Code, with the provision that a 6th Street from a NOTICE OF NON- Building Code (OBBC). hardwired smoke detector system, CONFORMANCE (3109.10 — fixed BE IT RESOLVED, a motion is in interconnected in the units, be awning) of the Commissioner of the order at this time to grant the installed for future lots in this Division of Building and Housing, Appellant an additional thirty (30) development: and to grant the vari- dated June 22, 2001, requiring com- days in which to abate the viola- ance to Docket No. A-91-01 and per- pliance with the Codified Ordi- tions; the property is REMANDED mit the single family structure to be nances of the City of Cleveland and at this time to the Division of Build- constructed as proposed with smoke the Ohio Basic Building Code ing and Housing for supervision and detection and alarms throughout. (OBBC). any required further action. Motion Motion so in order. Motioned by Mr. BE IT RESOLVED, a motion is in so in order. Motioned by Mr. Sullivan and seconded by Mr. order at this time to grant the vari- Williams and seconded by Mr. Sulli- W i l l i a m s . ance to (3109.10) and permit the van. Yeas: Messrs. Denk, Williams, awning to be installed as indicated, Yeas: Messrs. Denk, Williams, Saunders, Sullivan. Nays: None. noting the concurrence of the Fire Saunders, Sullivan. Nays: None. Prevention Bureau and the Fine * * * Arts review. Motion so in order. * * * Motioned by Mr. Saunders and sec- Docket A-104-01. onded by Mr. Sullivan. Docket A-68-01. RE: Appeal of Rodney D. Minnick, Yeas: Messrs. Denk, Williams, RE: Appeal of Cuyahoga Metro- Owner of the One Family Residen- Saunders, Sullivan. Nays: None. politan Housing Authority tial Property and Proposed Swim- (Riverview Towers), owner of the ming Pool located on the premises * * * Property located on the premises known as 4406 Broadale Avenue known as 1791-95 West 25th Street from a NOTICE OF NONCONFOR- Docket A-108-01. from a NOTICE OF VIO- MANCE (3117.03(G)(H)—no swim- RE: Appeal of Dave Wiemels, LATION/FIRE CODE (Municipal ming pool shall be erected within Owner of the Two Family Residen- 1724 July 25, 2001 The City Record 59 tial Property and Proposed Swim- A-59-01—Gene & Roberta Stump. CITY OF CLEVELAND BIDS ming Pool located on the premises A-65-01—Thurman & Andrea Artis. known as 4207 Bucyrus Avenue A-99-01—Traditional Design & De- For All Departments from a NOTICE OF NONCONFOR- velopment. MANCE (3117.03(G)(H) — no swim- A-102-01—Kenneth Hardy. Sealed bids will be received at the ming pool shall be erected within office of the Commissioner of Pur- ten (10) feet of the property lines, Yeas: Messrs. Denk, Williams, chases and Supplies, Room 128, City provided: 3') of the Commissioner Saunders, Sullivan. Nays: None. Hall, in accordance with the of the Division of Building and appended schedule, and will be opened and read in Room 128, City Housing, dated July 6, 2001, requir- * * * ing compliance with the Codified Hall, immediately thereafter. Each bid must be made in accor- Ordinances of the City of Cleveland Separate motions were entered by and the Ohio Basic Building Code dance with the specifications and Mr. Williams and seconded by Mr. must be submitted on the blanks ( O B B C ) . Sullivan for Approval and Adoption supplied for the purpose, all of BE IT RESOLVED, a motion is in of the Resolutions as presented by which may be obtained at the office order at this time to grant the vari- the Secretary for the following of the said Commissioner of Pur- ance to the ten (10) feet require- Docket, subject to the Codified Ordi- chases and Supplies, but no bid will ment (3117.03(G)(H)) and permit nances of the City of Cleveland and be considered unless delivered to the pool to be erected three (3) feet the Ohio Basic Building Code the office of the said commissioner from the adjacent properties, con- (OBBC): previous to 12:00 noon (Eastern tingent upon receipt of a letter from Standard Time) on the date speci- the rear property owner agreeing to L-8-01—Charles Mooneyham. fied in the schedule. the installation of the pool. Motion 187.10 Negotiated contracts; so in order. Motioned by Mr. Notice required in Advertisement Yeas: Messrs. Denk, Williams, for Bids. Williams and seconded by Mr. Sulli- Saunders, Sullivan. Nays: None. Where invitations for bids are van. advertised, the following notice Yeas: Messrs. Denk, Williams, * * * shall be included in the advertise- Saunders, Sullivan. Nays: None. ment: “Pursuant to the MBE/FBE Separate motions were entered by Code, each prime bidder, each * * * Mr. Saunders and seconded by Mr. minority business enterprise (“MBE”) and each female business Williams for Approval and Adoption enterprise (“FBE”) must be certi- Docket A-111-01. of the Resolutions as presented by RE: Appeal of Reliance Mechani- fied before doing business with the the Secretary for the following City. Therefore, any prime contrac- cal Corporation c/o Bill Neiheiser, Dockets respectively, subject to the Owner of the Proposed Three Story tor wishing to receive credit for Codified Ordinances of the City of using an MBE or FBE should Fully Sprinklered Office Building Cleveland and the Ohio Basic Build- ensure that applications for certifi- located on the premises known as ing Code (OBBC): cation as to MBE or FBE status 959 West St. Clair Avenue from an compliance with the Code, affirma- ADJUDICATION ORDER (OBBC L-10-01—John J. Ross. tive action in employment and, if Section and Table 705.3 — no open- L-12-01—Timothy R. Niton. applicable, joint venture status, are ings are permitted in east and A-69-01—Angela A. Johnson. submitted to the Office of Equal south exterior walls 0 to 3 feet A-100-01—C.W.R.U. Opportunity (“OEO”) prior to the from property line; provide opening A-101-01—1078 Old River Road, date of bid opening or submission of proposals or as specified by the protective as required per this sec- Ltd. tion) of the Commissioner of the Director. Failure to comply with the business enterprise code or with Division of Building and Housing, Yeas: Messrs. Denk, Williams, representations made on these dated July 10, 2001, requiring com- Saunders, Sullivan. Nays: None. forms may result in cancellation of pliance with the Codified Ordi- the contract or other civil or crimi- nances of the City of Cleveland and * * * nal penalties.” the Ohio Basic Building Code ( O B B C ) . APPROVAL OF MINUTES: WEDNESDAY, AUGUST 1, 2001 BE IT RESOLVED, a motion is in Cleveland Memorial Gardens Im- order at this time to grant the vari- Separate motions were entered by ance to (OBBC Section and Table provements, for the Division of Mr. Williams and seconded by Mr. Research, Planning and Develop- 705.3) and permit the structure to be Sullivan, for Approval and Adoption constructed as drawn, with the con- ment, Department of Parks, of the Minutes as presented by the Recreation and Properties, as dition that should the building be Secretary, subject to the Codified authorized by Ordinance No. 1404- erected within the restricted zone, Ordinances of the City of Cleveland 2000, passed by the Council of the that the windows permitted by the and the Ohio Basic Building Code City of Cleveland, January 8, variance will be blocked up by the (OBBC): 2 0 0 1 . owner. Motion so in order. Motioned A DEPOSIT OF FIFTY DOLLARS by Mr. Saunders and seconded by June 20, 2001 ($50.00) CERTIFIED CHECK Mr. Williams. WILL BE REQUIRED FOR EACH Yeas: Messrs. Denk, Williams, Yeas: Messrs. Denk, Williams, SET OF PLANS AND SPECIFICA- TIONS. THE DEPOSIT WILL BE Saunders, Sullivan. Nays: None. Saunders, Sullivan. Nays: None. REFUNDED IF THE PLANS AND SPECIFICATIONS ARE RE- * * * EUGENE CRANFORD, JR., TURNED IN GOOD CONDITION Secretary WITHIN FIFTEEN (15) DAYS APPROVAL OF RESOLUTIONS: AFTER THE BID OPENING DATE. Separate motions were entered by Mr. Saunders and seconded by Mr. PUBLIC NOTICE July 18, 2001 and July 25, 2001 Sullivan for Approval and Adoption of the Resolutions as presented by THURSDAY, AUGUST 2, 2001 the Secretary for the following NONE Dockets respectively, subject to the Large Water Meters, for the Divi- Codified Ordinances of the City of sion of Water, Department of Pub- Cleveland and the Ohio Basic Build- lic Utilities, as authorized by Sec- ing Code (OBBC): NOTICE OF PUBLIC HEARING tion 129.25 of the Codified Ordi- nances of the City of Cleveland, A-71-00—Capital Properties Man- 1976. agement Co. NONE A-50-01—Jacques Olivier Grant. July 18, 2001 and July 25, 2001 1725 60 The City Record July 25, 2001

FRIDAY, AUGUST 3, 2001 Utilities, as authorized by Ordi- 2000 passed by the City Council nance No. 830-01, passed by the of the City of Cleveland, June Chrysler Parts and Labor, for the City Council of the City of Cleve- 19, 2000. Division of Motor Vehicle Mainte- land, June 11, 2001. nance, Department of Public Ser- A DEPOSIT OF FIFTY DOLLARS July 25, 2001 and August 1, 2001 vice, as authorized by Ordinance ($50.00) CERTIFIED CHECK No. 359-01, passed by the Council WILL BE REQUIRED FOR EACH WEDNESDAY, AUGUST 15, 2001 of the City of Cleveland, April 9, SET OF PLANS AND SPECIFICA- 2001. TIONS. THE DEPOSIT WILL BE Citywide Tree Planting Labor and REFUNDED IF THE PLANS AND Material, for the Division of Park Office Furniture, for the Division of SPECIFICATIONS ARE RE- Maintenance, Department of Police, Department of Public Safe- TURNED IN GOOD CONDITION Parks, Recreation and Properties ty. WITHIN FIFTEEN (15) DAYS as authorized by Ordinance No. AFTER THE BID OPENING 1078-01 passed by City Council of One (1) Cab/Chassis with Digger/Der- DATE. rick, for the Division of Motor the City of Cleveland, June 19, 2001. Vehicle Maintenance, Department Kadel Avenue Sewer Project, for the of Public Service, as authorized Division of Water Pollution Con- Protozoa and Biological Analysis, by Ordinance Nos. 1685-2000 and trol, Department of Public Utili- 99-01, passed by the Council of for the Division of Water, ties, as authorized by Ordinance Department of Public Utilities, as the City of Cleveland, October 30, No. 799-01, passed by the Council 2000 and January 22, 2001, respec- authorized by Ordinance No. 485- of the City of Cleveland, June 11, tively. 96 passed by the City Council of 2001. the City of Cleveland, May 6, A DEPOSIT OF FIFTY DOLLARS 1 9 9 6 . July 18, 2001 and July 25, 2001 ($50.00) CERTIFIED CHECK WILL BE REQUIRED FOR EACH WEDNESDAY, AUGUST 8, 2001 SET OF PLANS AND SPECIFICA- July 25, 2001 and August 1, 2001 TIONS. THE DEPOSIT WILL BE Water Meter Parts, for the Division REFUNDED IF THE PLANS AND FRIDAY, AUGUST 24, 2001 of Water, Department of Public SPECIFICATIONS ARE RE- Utilities, as authorized by Sec- TURNED IN GOOD CONDITION Trench Water Management Services tion 129.25 of the Codified Ordi- WITHIN FIFTEEN (15) DAYS (Re-Bid), for the Division of nances of the City of Cleveland, AFTER THE BID OPENING Cleveland Hopkins International 1 9 7 6 . DATE. Airport, Department of Port Con- trol as authorized by Ordinance Small Water Meters, for the Divi- Two (2) 10' Dump Bodies with No. 1123-01 passed by the City sion of Water, Department of Pub- Back-of-Cab Compartment, for the Council of the City of Cleveland lic Utilities, as authorized by Sec- Division of Motor Vehicle Main- on June 19, 2001. tion 129.25 of the Codified Ordi- tenance, Department of Public A ONE-TIME NON-REFUNDABLE nances of the City of Cleveland, Service, as authorized by Ordi- PAYMENT BY CERTIFIED 1 9 7 6 . nance No. 1685-2000 and 99-01, CHECK OF $100.00 FOR FIRST passed by City Council of the TIME BIDDERS. PREVIOUS BID- One (1) Three-Horse Trailer and City of Cleveland, October 30, DER: PRESENT ORIGINAL Two (2) Two-Horse Trailers, for 2000 and January 22, 2001, respec- VOUCHER AS PROOF OF PUR- the mounted unit of the Division t i v e l y . CHASE TO THE PURCHASING of Police, Department of Public DEPARTMENT. Safety as authorized by Ordinance Aluminum Sulfate and Aluminum PRE-BID MEETING WILL BE No. 1656-99, passed by City Coun- Sulfate-Polyelectrolite Blend Coa- HELD AUGUST 1, 2001 AT cil of the City of Cleveland, (10:00AM-11:00 AM) LOCATED AT gulants, for the Division of Water, December 14, 1999. THE PROGRAM MANAGEMENT Department of Public Utilities as TEAM (PMT) CONFERENCE authorized by Section 129.25 of the ROOM, 19501 FIVE POINTS, Codified Ordinances of the City of July 25, 2001 and August 1, 2001 CLEVELAND, OHIO 44135 Cleveland, 1976. (LOCATED AT THE SE OF THURSDAY, AUGUST 9, 2001 CARGO ROAD, AND FIVE Hoses, Nozzles, Fittings and POINTS ROAD). Naples Avenue Sewer Replacement, A d a p t e r s , for Division of Fire for the Division Water Pollution Department of Public Safety, as Control, Department of Public authorized by Ordinance No. 927- July 25, 2001 and August 1, 2001

Certified MBEs and FBE Reporting Period: Second Quarter, 2001

Pursuant to Chapter 187 of the Codified Ordinances of the City of Cleveland, Ohio, listed below are the firms that have been certified as Minority Business Enterprises (MBEs) and Female Business Enterprises (FBEs) by the Mayor’s Office of Equal Opportunity during the Second Quarter of 2001.

Company MBE/FBE Certdate Description

A & L Sewer Company MBE 4/1/2001 All types of sewer work; septic tanks and trenching; water and gas lines Abele Davis Corp. FBE 4/21/2001 Law enforcement supplies Access Video, Inc. FBE 6/18/2001 Video production & editing Advantage Health Care FBE 6/1/2001 Occupational heath: drug & alcohol testing, physicals including pre-employment Al’s High Tech dba Al’s Electric Motor FBE 6/17/2001 Sales, service and repair of electric motors, equip- ment, etc., complete machine shop, vibration analysis Allstate Industrial, Inc. MBE 5/2/2001 Supplier: safety equipment & supplies, safety glasses, boots, protective clothing, rainsuits, safety equipment for flammable liquids, respirators Alpha Builders, Inc. MBE 6/12/2001 General contractor specializing in renovation, remodeling, carpentry and painting 1726 July 25, 2001 The City Record 61

American Merchandising Services, Inc. MBE 6/21/2001 Chemical supplier: solvents, ice melters, lubricants; oil and fuel, degreasers, treatments boiler & waste water, janitorial maintenance chemicals, disposable paper products Analyzers MBE/FBE 5/16/2001 Professional and personal organizer APEX Construction Company, Inc. MBE 5/18/2001 General contractor specializing in remodeling, painting, masonry, and roofing Artis FBE 6/10/2001 Painting: commercial & residential, artist and restoration Artisan Cleaning Company, Inc. FBE 5/14/2001 Janitorial services Artisan Electrical Contractors MBE 6/22/2001 Electrical contractor B & R Trucking Co., Inc. MBE 6/14/2001 Dump truck hauling Banks Construction Company MBE 5/14/2001 General contractor specializing in remodeling and rehab of residential properties including carpentry and masonry Bean & Bennett Enterprises, Inc. MBE 5/2/2001 Janitorial cleaning services: residential, industrial and commercial including construction clean-up Bezalel Co., Ltd. MBE 5/2/2001 General contractor specializing in rehab and renova tions of residential properties Bonnie Banks Design, Inc. MBE/FBE 6/28/2001 Interior design services and consulting: residential and commercial Bradley Construction Co., Inc. MBE 5/2/2001 General contractor: cast-in-place concrete, concrete masonry, excavation, highway construction and project administration Brenda Kroos Gallery of Cleveland, Inc. FBE 6/18/2001 Supplier, installation and consultant of works of art Burkshire Construction Co., Inc. FBE 6/19/2001 General contractor: masonry, paver installation, landscaping, misc. steel, carpentry: including interior demo, finishes, concrete. Special trades: dewatering, clean-up & hoisting C.P. Braman & Co., Inc. FBE 4/23/2001 Real estate appraisals and appraisal reviews Cabinet Concepts, Inc. FBE 6/18/2001 Custom cabinetry and millwork Caiata Admin Services, Inc. FBE 4/23/2001 Administrative support. Manual &/or report preparation, invoicing, tracking documentation, project office support, typing and computer work Cavalier Construction & Industrial Corp. MBE 5/21/2001 Packaging, clean-up, transportation & disposal of non-hazardous oil & grease/debris, hazardous training & management plan, report preparation; general contractor specializing in landscape, masonry, drywall, carpentry, concrete laying Cover Brothers, Inc. MBE 5/16/2001 Landscaping: planting of trees and shrubs, maintenance for residential and commercial property Central Engineering, Inc. MBE 6/30/2001 Civil engineer: Highway & bridge design; utility design including water sewer, drainage, structures, bridge & construction inspection & surveying Choice Construction Co., Inc. MBE/FBE 4/1/2001 General construction specializing in concrete & asphalt paving; const. management; const. Materials; underground utilities; heavy const.: highway & st. impr., bridge/tunnel; industrial building & non-residential; demolition, masonry, carpentry Clarktel Communications Corp. MBE 6/8/2001 Installation of business telephone systems, service upgrades, including adding, moving, and changing phones: consulting: cable installation Cogen Construction MBE 6/8/2001 General contractor specializing in carpentry and drywall Coleman Spohn Corporation MBE 5/6/2001 Installation HVAC systems, plumbing & piping, fabrication, sprinkler systems, facilities maintenance and service Collinwood Shale, Brick and Supply Co. FBE 4/18/2001 Manufacturer & supplier of ready mix concrete Cox Décor, Inc. MBE 6/11/2001 Installation of address and street, lamp post, building & address signs, novelty lawn items and security systems CPS Enterprises, Inc. dba Able One’s Moving MBE 6/19/2001 Moving and storage company Crawford Fence and Guardrail, Inc. MBE 6/8/2001 Installation of fence and guardrail Creative Improvement & Energy MBE 5/2/2001 General contractor specializing in HVAC, rehab and renovations Creative Works, Inc, FBE 4/23/2001 Marketing consultant, including communications; events planning & implementation Cuyahoga Supply & Tool, Inc. FBE 4/23/2001 Construction and highway supplies 1727 62 The City Record July 25, 2001

Cyngier Systems Management, Inc. FBE 5/31/2001 HVAC contractor: service, sales, repair and installation of heating, air conditioning, ventilating and air quality control products D & D Contracting MBE 5/21/2001 General contractor specializing in welding, masonry, decks, vinyl floors and ceramic tile, carpentry, hvac, demolition, board-ups, painting & sewer work D. Thigpen & Adsociates, Inc. MBE/FBE 6/12/2001 Public relations, advertising/marketing, fund raising, publicity and promotions D.E.M. Construction MBE 4/27/2001 Install and finish drywall DAR Public Relations, Inc. MBE/FBE 6/17/2001 Public relations, marketing, communications, media relations, advertising, training seminars, special events management and promotions Dekalb Construction Co., Inc. MBE 6/28/2001 Sewer contractor specializing in underground utilities, tunneling, boring, sanitary storm sewers and waterline Devon Contracting, Inc. dba Burnley Group MBE 6/28/2001 Concrete flatwork, formwork, and restoration; construction site clean-up Dewey Renovation, Inc. FBE 6/11/2001 General contractor specializing in renovations, remodeling and rehab Donato Electric, Inc. FBE 4/23/2001 Electrical contractor E & O Construction Co. MBE 5/26/2001 General contractor specializing in remodeling, rehabilitation, maintenance and carpentry of commercial & residential properties E.B. Advanced, P.C. MBE 6/20/2001 Consultant: Engineering services E.M. Nuckley Packaging Company, Inc, MBE 4/3/2001 Packaging & crating service for export and domestic shipments Echos Air, Inc. MBE 4/27/2001 HVAC Contractor; fabrication and installation; service & design/build HVAC systems Emerald Supply, Inc. MBE/FBE 5/21/2001 Supplier of industrial maintenance and janitorial supplies Energy and Water Management, Inc. MBE 4/18/2001 Water treatment services and products for control of scaling and corrosion in boilers, cooling towers and other water systems ESA Engineering Services, Inc. FBE 4/11/2001 Software engineering for factory floor & process automation. PLC & HMI programming and development F.S.W. Lab., Inc. MBE 6/11/2001 Indoor air quality testing for mold spores, bacteria and gases Friedel Trucking Company, Inc. FBE 5/30/2001 Trucking and hauling Full Circle Flexible Software Systems, Inc. MBE 4/18/2001 Business consulting: software systems development; web integration; database administration G.T. Electric MBE 5/2/2001 Electrical contractor: installation, servicing, maintenance and consultation Gabor Enterprises, Inc. FBE 4/9/2001 Exterior building restoration and new construction: washing, caulking, sealing GAP Communications Group MBE/FBE 4/27/2001 Public Relations, community outreach & education, advertising, marketing, project management, special events coordination, conferences, workshops, brochures, annual & community reports Gatewood Design Works FBE 5/2/2001 Architectural drafting services Glory Construction Company MBE/FBE 6/28/2001 General contractor specializing in rehab, drywall, carpentry and roofing, commercial and residential GWN Consultants, Inc. FBE 4/23/2001 Temporary staffing service H.C. Painting Company MBE 5/2/2001 Painting: exterior and interior painting, wall coverings H.S. Development Corporation MBE 5/2/2001 General contractor specializing in carpentry work Hooks Concrete Corporation MBE 6/8/2001 General contractor specializing in concrete, landscaping, fire hydrant repair, underground excavation and by hauling by dump truck I M Ladder Sales Co. FBE 5/2/2001 Supplier of ladders including van & truck racks, scaffolding Interstate Safety & Service Company, Inc. FBE 5/23/2001 Traffic control products; trucking J & L Laboratories, Inc, MBE 6/23/2001 Geotechnical engineering services, subsurface investigations, materials testing & construction inspection J & S Landscaping MBE 4/18/2001 Commercial and residential lawn and garden, landscaping by design and snowplowing services J.F. Novak Company FBE 5/2/2001 Embroidered emblems, badges, flags, and miscellaneous commemorative bars and service medals 1728 July 25, 2001 The City Record 63

Jags Enterprise MBE/FBE 6/14/2001 Court stenography services Jan Squires, Inc. FBE 6/20/2001 Mechanical contractor: welding, fabricating and installation of pressure piping systems Jeffrey W. Barnett Trucking MBE 6/26/2001 Trucking: delivering building supplies, drywall, metal studs Johnson Driveaway Service MBE 4/3/2001 Transportation of heavy equipment, trucks and sweepers Jones Technologies Enterprises, Inc. MBE 6/4/2001 General construction, facilities operations maintenance, construction mgmt., mechanical & electrical engineering, industrial services, communications, control systems, engineering JOPA Mechanical, Inc. FBE 4/23/2001 HVAC, Mechanical contractor Jordan Distributors, Inc. MBE 6/4/2001 Supplier: cutting, hand, power and precision tools and supplies, abrasives, maintenance supplies for all industries Julian Supply Company FBE 5/2/2001 Supplier: Sewer and water line supplies, plumbing and municipal utility supplies JVS Interiors, Inc. FBE 5/2/2001 General contractor specializing in metal framing, drywall, acoustical and carpentry Kalapos Architects FBE 4/23/2001 Architectural services including construction management Klean Sweep MBE 6/25/2001 Commercial cleaning services KS Associates, Inc. FBE 6/20/2001 Civil engineering and surveying L. Gray Barrel & Drum Co., Inc. MBE 4/18/2001 Recondition and resale steel drums including fiber and plastic drums L.T. Services, Inc. FBE 5/21/2001 Trucking for construction, hauling, excavation materials and bulk trash. Material supplier: Topsoil, aggregates, limestone, slag, including recycled concrete. Site work (grading) and excavation Laboratory Consultants dba Screening Solution MBE/FBE 5/9/2001 Drug testing and laboratory testing of specimens: fingerprinting and background checks Lakeland Electric Supply Co., Inc. FBE 6/29/2001 Electrical supplier Lightning General & Demolition Contractors MBE 5/1/2001 General contractor specializing in demolition, sewer and rehab of residential buildings; trucking: hauling LNS Renovating FBE 6/29/2001 General contractor: painting and carpentry Logical Services, Inc. MBE/FBE 5/2/2001 Vehicle services: CDL drivers, installation of accessories for vehicles, HVAC contractor LonColeman Corporation MBE 4/18/2001 Construction management, facilities management, real estate development Lorig Mechanical, Inc. FBE 4/21/2001 Mechanical contractor: commercial sprinkler and HVAC installation Lott Construction Company, Inc. MBE 5/21/2001 General contractor specializing in excavation, underground utilities, bridges, water mains, culvert, water & sewer construction Lynda J. Gillinov & Associates, Inc. FBE 6/3/2001 Real estate appraiser and financial planner M & R Enterprises, Inc, MBE 6/14/2001 General contractor specializing fire protection, cleaning sewer pipes, video inspection of culvert & sewer pipes, on-site management & disposal of sludge & debris M2 International, Inc. MBE/FBE 6/18/2001 Construction management services: project administration/management project control; quality management; contract administration; value Mac Mechanical Corporation FBE 6/12/2001 Fire protection contractor Media Impressions FBE 6/10/2001 Media planning and buying services Merleno Trucking, Inc. FBE 5/2/2001 Trucking: hauling of demolition and excavation materials Meroe Contracting & Supply Co. MBE 6/28/2001 Field painting of steel, system OZEU, conduits, buildings and bridges; general contractors specializing in concrete, highway & bridge work, underground utility work and engineering Mobile Medical Service, Inc. FBE 6/12/2001 Medical services: staffing, wellness programs, perform medical exams and medical supplies Mountaineer Title Agency, Inc. FBE 6/18/2001 Real estate title services: titles, escrow, etc, MV Technologies, Inc, MBE 5/20/2001 Supplier: chemicals and allied products for oil spills and environmental clean-up. Remediation services, ervirnomental consulting; research development and testing 1729 64 The City Record July 25, 2001

Myldred Boston Howell Realty, Inc. MBE/FBE 6/19/2001 Real estate broker Nancy Devins Yetman, Inc. dba Creative Cater FBE 5/31/2001 Catering services Nello’s Trucking, Inc. FBE 5/2/2001 Trucking: hauling asphalt, material and excavation debris North Coast Business Systems, Inc. MBE 4/18/2001 Sales & service of facsimile machines and copiers North Shore Door Company, Inc. FBE 6/17/2001 Sales, service, installation of overhead doors, automatic sectional, rolling, fire rated O.B.O. Trucking Co., Inc. MBE 4/18/2001 Trucking & transporting: hauling all types of materials and debris O.R. Colan Associates, Inc. FBE 5/2/2001 Land acquisition, appraisal, relocation and related activities, including turnkey program management for public agencies Optium Technology, Inc. MBE 6/28/2001 Computer systems consulting, software development, project & facilities management, system analysis, special emphasis on down-sizing & client/server technology & application Orion Painting & Contracting, Inc, FBE 4/23/2001 Commercial painting contractor including painting, prep of structural steel, sandblasting, lead abatement, concrete patching and sealing Oxbow Engineering, Inc. FBE 6/24/2001 Civil engineering design services, traffic engineering, roadway, sewer, general civil Patrician Company MBE 4/18/2001 HVAC contractor: industrial installation, installation of fire protection systems Personalized Data Corporation MBE 5/2/2001 Computer design, consulting, data entry, conversions, word processing, disaster recovery, clerical Profitable Products Corporation MBE 5/16/2001 Ad specialties items, banners, security products, changeable signs R. Heard Painting MBE 5/2/2001 Painter: exterior and interior R.L. Hill Management, Inc, MBE 6/23/2001 General contractor specializing in construction management services Rico Cox Insulation Construction Services MBE 6/24/2001 Contractor specializing in roofing and insulation Right Team Inc. FBE 5/2/2001 Computer program management and consultants for implementation of software, i.e., Peoplesoft, etc. Ruccella Construction, Inc. MBE 5/11/2001 General Contractor specializing in highway & Street construction, underground utilities, masonry, drywall work, pre-engineered buildings, carpentry, concrete work & excavation Rudy’s Hardware & Supply, Inc, MBE 6/21/2001 Retail hardware store and supplier of industrial supplies S.C.A. Electrical Corp. MBE 6/2/2001 Electrical contractor Sandra Heath and Associates, Inc. FBE 4/21/2001 Temporary and permanent office support staffing, pre-employment investigations ServiceMaster By Bryant MBE 6/8/2001 Residential & commercial cleaning services, also window washing Tesco Builders, Inc. FBE 6/6/2001 General contractor Tiffany Electric & Supply Company MBE/FBE 5/2/2001 Electrical contractor U.S. One Control Data, Inc. MBE 4/18/2001 Security: security officers, couriers, private investigators, transportation, night watchmen; also, pre-employment & tenant screening; security cleaning of buildings Union Cleaning, Inc. FBE 6/17/2001 Complete cleaning services United International Consultants, Inc. MBE 5/18/2001 Sanitary & environmental engineering consulting services; operation and maintenance manuals preparation Vallejo Company, The MBE 4/1/2001 Trucking and hauling of excavation materials; installation & repair of water and sewer lines Vital Resources, Inc. FBE 6/20/2001 Computer information management pertaining to technologies by supplying staffing, including project management, design, administration, conversion & training Vocon Design, Inc. FBE 6/22/2001 Interior design services including programming, space planning, specifications of furniture/finishes, and installation management Water Resources & Coastal Engineering MBE/FBE 4/23/2001 Water engineering including data management, programming and coastal engineering Wilco Information Management MBE 5/21/2001 Software systems integration and design. Software development, project management; education and training Wilkes Mental Health Consultants MBE 6/22/2001 Psychotherapy: group & individually; corporate & organizational; management & staff development; assessment & staff development; cultural sensitivity training Zust & Company FBE 5/2/2001 Communications and marketing including training and executive coaching 1730 July 25, 2001 The City Record 65

Denials of Certification — Second Quarter, 2001

Pursuant to Chapter 187 of the Codified Ordinances of the City of Cleveland and its amendment, Ordinance No. 1186-92, which was passed by City Council on Monday, June 15, 1992, attached is a listing of firms that have applied for certification and were denied. These firms are not prohibited from doing business as prime contractors with the City of Cleveland. In actuality, the purported owners could not clearly define that they were bona fide minority and/or female owned and controlled firms or they applied for certification and were out of the geographic location that met the requirements of the MBE/FBE Ordinances and the regulations that govern the MBE/FBE certification status.

FBEs: Denise Flagging Referral Services Sanford’s Home Health Care

FBE/MBEs: K. Diamonds Roofing, Inc. Restl Designers, Inc.

MBEs: Competitive Management & Construction Corp. Cox Décor, Inc. Heavenly Metals

MBEs/FBEs DELETED FROM OEO’S DATABASE Second Quarter, 2001

The attached firms, that were previously certified as a MBE and/or FBE, have been dropped from the MBE/FBE database. The firms listed were sent at least two (2) letters and elected not to re-certify for various reasons, including going out of business and changes in geographic location.

MBE/FBE Company

FBE Affordable Roll-Off, Inc. FBE Applied Geographics, Inc, FBE Compliance Solutions, Inc. FBE General Preventive Maintenance FBE GR & A Advertising FBE I Design FBE Janine Bentivegna Photography FBE Nagel Design Associates, Inc. FBE OneNet International Communications, Inc. FBE Penhallurick & Associates, Inc. FBE Reinherz Productions, Inc. FBE Snider-Blake Business Service, Inc. MBE Allstar Builders, Inc. MBE Calvillo Construction MBE Cleo Miller & Associates, Inc. MBE Computer Connectivity, Inc. (CCI) MBE H.I. Environmental Technologies MBE Hayes Construction Co., Inc. MBE Holly Development, Inc. MBE J. Stevens Construction, Inc. MBE Love’s Transporting Services, Inc. MBE Mar-Eo Construction & Supply Company, Inc. MBE Midtown Trucking MBE On-Time Delivery Services, Inc. MBE Pheifer-LWD Printing and Publishing MBE Precious Communications, Inc, MBE Robinson Painting & Decorating MBE Russell Hubbard & Associates MBE Torres Estates & General Contracting MBE/FBE American Center for Conflict Resolution MBE/FBE Davis Management Group MBE/FBE Sanford’s Home Health Care, Inc. 1731 66 The City Record July 25, 2001

ADOPTED RESOLUTIONS Section 2. That the Clerk of Coun- shall take effect and be in force AND ORDINANCES cil is hereby requested to furnish a immediately upon its adoption and copy of this resolution to Governor approval by the Mayor; otherwise, it Bob Taft, Ohio Treasurer Joseph T. shall take effect and be in force Deters and Cuyahoga County Trea- from and after the earliest period Res. No. 316-01. surer James Rokakis. The Clerk is allowed by law. By Mayor White. further requested to furnish a copy Adopted July 18, 2001. An emergency resolution support- of this resolution to Director James Awaiting the approval or disap- ing the H.E.L.P. Program and urg- Manuel of the State of Ohio Office proval of the Mayor. ing Governor Taft and Ohio Trea- of Urban Development within the surer Joseph T. Deters to adopt and Department of Development. implement the Ohio Housing Reha- Section 3. That this resolution is bilitation Linked Deposit Program hereby declared to be an emergency Res. No. 1411-01. which would enable Ohio citizens to measure and, provided it receives By Councilman Brady. receive low interest home improve- the affirmative vote of two-thirds of An emergency resolution object- ment loans. all the members elected to Council, ing to the renewal of a D5 Liquor Whereas, the Mayor of the City of it shall take effect and be in force Permit at 3655-57 Bosworth Rd., 1st Cleveland and this Council are com- immediately upon its adoption and Fl. mitted to supporting programs that approval by the Mayor; otherwise, it Whereas, the uniform date for assist residents in rehabilitating shall take effect and be in force renewal of liquor permits in the their homes and is committed to from and after the earliest period State of Ohio is October 1st; and improving the housing stock of the allowed by law. Whereas, pursuant to Section City of Cleveland; and Adopted July 18, 2001. 4303.271 of the Revised Code, the Whereas, Cuyahoga County Trea- Awaiting the approval or disap- legislative authority of a municipal surer James Rokakis created and proval of the Mayor. corporation may object to the renew- established the Home Enhancement al of a permit based upon legal Loan Program (“H.E.L.P.”) in Cuya- grounds as set forth in division (A) hoga County; and of Revised Code Section 4303.292; Whereas, the H.E.L.P. Program Res. No. 513-01. and allows homeowners in Cleveland By Councilman Jackson (by re- Whereas, the applicant is unfit and other Cuyahoga County commu- quest). to continue to engage in the liquor nities to borrow money to repair or An emergency resolution declar- permit business in that he has remodel their homes or rental prop- ing the intention to vacate portions operated his liquor permit busi- erty at interest rates three percent- of East 57th Street, Tivoli Court ness in a manner that demon- age points less than the lowest rate S.E., East 59th Place and Chadakoin strates a disregard for the laws, normally offered by a participating Court S.E. regulations or local ordinances of bank; and Whereas, this Council; is satisfied the state, and that this objection is Whereas, these low interest home that there is good cause to vacate based on other legal grounds as improvement loans may be used for portions of East 57th Street, Tivoli set forth in Revised Code Section code violation compliance and prop- Court S.E., East 59th Place and 4303.292; and erty upgrades, including mainte- Chadakoin Court S.E. as hereinafter Whereas, this resolution consti- nance repairs, remodeling improve- described, and; tutes an emergency measure pro- ments and landscaping improve- Whereas, this resolution consti- viding for the immediate preserva- ments; and tutes an emergency measure in that tion of the public peace, prosperity, Whereas, as of December 5, 2000, the same provides for the usual safety and welfare pursuant to Sec- participation in the H.E.L.P. Pro- daily operation of a municipal tion 4303.271 of the Ohio Revised gram has resulted in the issuance of department; now, therefore, Code, objections to renewal of five hundred and sixty low interest Be it resolved by the Council of liquor permits shall be made no loans to City of Cleveland residents the City of Cleveland: later than thirty days prior to the with a total loan amount exceeding Section 1. That it hereby declares expiration date of the permit; now, five million dollars; and its intention to vacate the following t h e r e f o r e , Whereas, the H.E.L.P. Program described real property: Be it resolved by the Council of has been and continues to be an Situated in the City of Cleveland, the City of Cleveland: excellent resource for City of Cleve- County of Cuyahoga and State of Section 1. That Council does here- land residents and is assisting in Ohio, and described as being all by record its objection to the improving the value and quality of those portions of: renewal of a D5 Liquor Permit, Per- housing available within the City; CHADAKOIN COURT S.E. (16.00 mit No. 5604495, owned by Masich and feet wide), and its Northerly and Inc., 3655-57 Bosworth Rd., 1st Fl., Whereas, Cuyahoga County Trea- Southerly turnouts extending East- Cleveland, Ohio 44111 and requests surer James Rokakis is encouraging erly from that portion of East 57th the Director of Liquor Control to set the State of Ohio to adopt and imple- Street (16.00 feet wide) vacated by a hearing for said application in ment the Ohio Housing Rehabilita- the Council of the City of Cleveland accordance with provisions of Sec- tion Linked Deposit Program which by Ordinance Number 888-68, to its tion 4303.271 of the Revised Code of would operate in a manner similar intersection with the Southerly pro- Ohio. to Cuyahoga County’s H.E.L.P. Pro- longation of the Westerly line of Section 2. That the Clerk of Coun- gram and, therefore, provide addi- Sublot Number 123 in the L.M. South- cil be and she is hereby directed to tional low interest loans to citizens ern & W.S. Chamberlain Subdivision transmit two certified copies of this of the City of Cleveland who are as shown in Volume 11, Page 42 of resolution, together with two copies interested in rehabilitating their Cuyahoga County Records. of a letter of objection and two homes; and EAST 57th STREET (16.00 feet copies of a letter requesting that the Whereas, this resolution consti- wide) extending Northerly from the hearing be held in Cleveland, Cuya- tutes an emergency measure provid- Northerly line of Thackery Avenue hoga County, and a statement by the ing for the immediate preservation S.E. (70.00 feet wide) to the Souther- Director of Law that, in the Direc- of the public peace, property, health ly line of Longfellow Avenue S.E. tor’s opinion, the objection is based or safety in that the adoption and (70.00 feet wide). upon substantial legal grounds with- implementation of the Ohio Housing TIVOLI COURT S.E. (16.00 feet in the meaning and intent of divi- Rehabilitation Linked Deposit Pro- wide), and its Northerly and South- sion (A) of Section 4303.292 of the gram will improve the housing erly turnouts extending Easterly Revised Code to the Director of stock of Cleveland and attract new about 250.00 feet from the Easterly Liquor Control. homeowners to the City of Cleve- line of East 57th Street (16.00 feet Section 3. That this resolution is land; now, therefore, wide). hereby declared to be an emergency Be it resolved by the Council of EAST 59th PLACE (10.00 feet measure and, provided it receives the City of Cleveland: wide), and its Easterly and Wester- the affirmative vote of two-thirds of Section 1. That the Mayor of the ly turnouts extending Northerly all the members elected to Council, City of Cleveland and this Council from the Northerly line of Thacker- it shall take effect and be in force supports the H.E.L.P. Program and ay Avenue S.E. (10.00 feet wide) to immediately upon its adoption and urges Governor Taft and Ohio Trea- the Southerly line of Tivoli Court approval by the Mayor; otherwise, it surer Joseph T. Deters to adopt and S.E. (16.00 feet wide). shall take effect and be in force implement the Ohio Housing Reha- Section 2. That this resolution is from and after the earliest period bilitation Linked Deposit Program hereby declared to be an emergency allowed by law. which would enable Ohio citizens to measure and provided it receives the Adopted July 18, 2001. receive low interest home improve- affirmative vote of two-thirds of all Awaiting the approval or disap- ment loans. the members elected to Council, it proval of the Mayor. 1732 July 25, 2001 The City Record 67

Res. No. 1412-01. of a permit based upon legal to 7904 Cedar Avenue, be and the By Councilman Brady. grounds as set forth in division (A) same is hereby withdrawn and Res. An emergency resolution object- of Revised Code Section 4303.292; and No. 1257-2000, containing said objec- ing to the renewal of a D1, D2, D3 Whereas, the applicant is unfit to tion, be and the same is hereby re- & D3A Liquor Permit at 11619 continue to engage in the liquor per- pealed and that this Council consents Lorain Avenue, 1st Fl. & Bsmt. mit business in that he has operat- to the immediate renewal thereof. Whereas, the uniform date for ed his liquor permit business in a Section 2. That this resolution is renewal of liquor permits in the manner that demonstrates a disre- hereby declared to be an emergency State of Ohio is October 1st; and gard for the laws, regulations or measure and, provided it receives Whereas, pursuant to Section local ordinances of the state, and the affirmative vote of two-thirds of 4303.271 of the Revised Code, the leg- that this objection is based on other all the members elected to Council, islative authority of a municipal cor- legal grounds as set forth in it shall take effect and be in force poration may object to the renewal Revised Code Section 4303.292; and immediately upon its adoption and of a permit based upon legal Whereas, this resolution consti- approval by the Mayor; otherwise, it grounds as set forth in division (A) tutes an emergency measure provid- shall take effect and be in force of Revised Code Section 4303.292; and ing for the immediate preservation from and after the earliest period Whereas, the applicant is unfit to of the public peace, prosperity, safe- allowed by law. continue to engage in the liquor per- ty and welfare pursuant to Section Adopted July 18, 2001. mit business in that he has operat- 4303.271 of the Ohio Revised Code, Awaiting the approval or disap- ed his liquor permit business in a objections to renewal of liquor per- proval of the Mayor. manner that demonstrates a disre- mits shall be made no later than gard for the laws, regulations or thirty days prior to the expiration local ordinances of the state, and date of the permit; now, therefore, that this objection is based on other Be it resolved by the Council of Res. No. 1415-01. legal grounds as set forth in the City of Cleveland: By Councilman Britt. Revised Code Section 4303.292; and Section 1. That Council does here- An emergency resolution with- Whereas, this resolution consti- by record its objection to the renew- drawing objection to the issuance of tutes an emergency measure provid- al of a D5 and D6 Liquor Permit, a C1 Liquor Permit to 8211 Platt ing for the immediate preservation Permit No. 8843651, owned by 10410 Avenue, and repealing Res. No. 951- of the public peace, prosperity, safe- Lorain Ave. Inc., DBA Porky’s Café, 01 objecting to said issuance. ty and welfare pursuant to Section 11120-24 Lorain Ave., 1st Fl. Only Whereas, this Council objected to 4303.271 of the Ohio Revised Code, and 11118 Lorain Ave., 1st Fl. Rear, the issuance of a C1 Liquor Permit objections to renewal of liquor per- Cleveland, Ohio 44111 and requests to 8211 Platt Avenue by Res. No. 951- mits shall be made no later than the Director of Liquor Control to set 01 adopted by Council on May 21, thirty days prior to the expiration a hearing for said application in 2001; and date of the permit; now, therefore, accordance with provisions of Sec- Whereas, this Council wishes to Be it resolved by the Council of tion 4303.271 of the Revised Code of withdraw its objection to the above the City of Cleveland: Ohio. issuance and consents to said Section 1. That Council does here- Section 2. That the Clerk of Coun- issuance; and by record its objection to the renew- cil be and she is hereby directed to Whereas, this resolution consti- al of a D1, D2, D3 & D3A Liquor Per- transmit two certified copies of this tutes an emergency measure provid- mit, Permit No. 9444330, owned by resolution, together with two copies ing for the usual daily operation of Wayne & Carole Inc., 11619 Lorain of a letter of objection and two a municipal department; now, there- Ave., 1st Fl. & Bsmt., Cleveland, copies of a letter requesting that the fore, Ohio 44120 and requests the Director hearing be held in Cleveland, Cuya- Be it resolved by the Council of of Liquor Control to set a hearing hoga County, and a statement by the the City of Cleveland: for said application in accordance Director of Law that, in the Direc- Section 1. That objection to the with provisions of Section 4303.271 tor’s opinion, the objection is based issuance of a C1 Liquor Permit to of the Revised Code of Ohio. upon substantial legal grounds with- 8211 Platt Avenue, be and the same Section 2. That the Clerk of Coun- in the meaning and intent of divi- is hereby withdrawn and Res. No. cil be and she is hereby directed to sion (A) of Section 4303.292 of the 951-01, containing said objection, be transmit two certified copies of this Revised Code to the Director of and the same is hereby repealed and resolution, together with two copies Liquor Control. that this Council consents to the of a letter of objection and two Section 3. That this resolution is immediate issuance thereof. copies of a letter requesting that the hereby declared to be an emergency Section 2. That this resolution is hearing be held in Cleveland, Cuya- measure and, provided it receives hereby declared to be an emergency hoga County, and a statement by the the affirmative vote of two-thirds of measure and, provided it receives Director of Law that, in the Direc- all the members elected to Council, the affirmative vote of two-thirds of tor’s opinion, the objection is based it shall take effect and be in force all the members elected to Council, upon substantial legal grounds with- immediately upon its adoption and it shall take effect and be in force in the meaning and intent of divi- approval by the Mayor; otherwise, it immediately upon its adoption and sion (A) of Section 4303.292 of the shall take effect and be in force approval by the Mayor; otherwise, it Revised Code to the Director of from and after the earliest period shall take effect and be in force Liquor Control. allowed by law. from and after the earliest period Section 3. That this resolution is Adopted July 18, 2001. allowed by law. hereby declared to be an emergency Awaiting the approval or disap- Adopted July 18, 2001. measure and, provided it receives proval of the Mayor. Awaiting the approval or disap- the affirmative vote of two-thirds of proval of the Mayor. all the members elected to Council, it shall take effect and be in force immediately upon its adoption and Res. No. 1414-01. approval by the Mayor; otherwise, it By Councilman Britt. Res. No. 1416-01. shall take effect and be in force An emergency resolution with- By Councilman Cimperman. from and after the earliest period drawing objection to the renewal of An emergency resolution with- allowed by law. a C1 and C2 Liquor Permit to 7904 drawing objection to the stock Adopted July 18, 2001. Cedar Avenue, and repealing Res. No. transfer of a D5 and D6 Liquor Per- Awaiting the approval or disap- 1257-2000 objecting to said renewal. mit to 1261-65 West 6th Street, and proval of the Mayor. Whereas, this Council objected to repealing Res. No. 102-01 objecting the renewal of a C1 and C2 Liquor to said stock transfer. Permit to 7904 Cedar Avenue, and Whereas, this Council objected to repealing Res. No. 1257-2000 adopted the stock transfer of a D5 and D6 Res. No. 1413-01. by Council on July 17, 2000; and Liquor Permit to 1261-65 West 6th By Councilman Brady. Whereas, this Council wishes to Street by Res. No. 102-01 adopted by An emergency resolution object- withdraw its objection to the above Council on January 22, 2001; and ing to the renewal of a D5 and D6 renewal and consents to said renew- Whereas, this Council wishes to Liquor Permit at 11120-24 Lorain al; and withdraw its objection to the above Ave., 1st Fl. Only & 11118 Lorain Whereas, this resolution consti- stock transfer and consents to said Ave., 1st Fl. Rear. tutes an emergency measure provid- stock transfer; and Whereas, the uniform date for ing for the usual daily operation of Whereas, this resolution consti- renewal of liquor permits in the a municipal department; now, there- tutes an emergency measure for the State of Ohio is October 1st; and fore, immediate preservation of public Whereas, pursuant to Section Be it resolved by the Council of peace, property, health or safety, 4303.271 of the Revised Code, the leg- the City of Cleveland: now, therefore, islative authority of a municipal cor- Section 1. That objection to the re- Be it resolved by the Council of poration may object to the renewal newal of a C1 and C2 Liquor Permit the City of Cleveland: 1733 68 The City Record July 25, 2001

Section 1. That objection to the measure and, provided it receives transmit two certified copies of this stock transfer of a D5 and D6 the affirmative vote of two-thirds of resolution, together with two copies Liquor Permit to 1261-65 West 6th all the members elected to Council, of a letter of objection and two Street, be and the same is hereby it shall take effect and be in force copies of a letter requesting that the withdrawn and Res. No. 102-01, con- immediately upon its adoption and hearing be held in Cleveland, Cuya- taining said objection, be and the approval by the Mayor; otherwise, it hoga County. same is hereby repealed and that shall take effect and be in force Section 3. That this resolution is this Council consents to the imme- from and after the earliest period hereby declared to be an emergency diate stock transfer thereof. allowed by law. measure and, provided it receives Section 3. That this resolution is Adopted July 18, 2001. the affirmative vote of two-thirds of hereby declared to be an emergency Awaiting the approval or disap- all the members elected to Council, measure and, provided it receives proval of the Mayor. it shall take effect and be in force the affirmative vote of two-thirds of immediately upon its adoption and all the members elected to Council, approval by the Mayor; otherwise, it it shall take effect and be in force shall take effect and be in force immediately upon its adoption and Res. No. 1418-01. from and after the earliest period approval by the Mayor; otherwise it By Councilman Cimperman. allowed by law. shall take effect and be in force An emergency resolution object- Adopted July 18, 2001. from and after the earliest period ing to the transfer of ownership and Awaiting the approval or disap- allowed by law. location of a D1, D2, D3, D3A and proval of the Mayor. Adopted July 18, 2001. D6 Liquor Permit to 1281 West 9th Awaiting the approval or disap- Street. proval of the Mayor. Whereas, Council has been noti- fied by the Director of Liquor Con- Res. No. 1419-01. trol of an application for the trans- By Councilman Cimperman. fer of ownership and location of a An emergency resolution object- Res. No. 1417-01. D1, D2, D3, D3A and D6 Liquor Per- ing to the renewal of a D1, D2 & D3 By Councilman Cimperman. mit from Permit No. 8200099, Sixty Liquor Permit at 1299 West 9th An emergency resolution object- Nine Inc., 10025 Lorain Avenue, Street, 1st Fl. & Bsmt. ing to the renewal of a D1, D2, D3, Cleveland, Ohio 44111, to Permit No. Whereas, the uniform date for D3A & D6 Liquor Permit at 1400 1970633, Christopher M. Davis, DBA renewal of liquor permits in the East 55th St., 1st Fl. & Bsmt. Hybrid, 1281 West 9th Street, Cleve- State of Ohio is October 1st; and Whereas, the uniform date for land, Ohio 44113; and Whereas, pursuant to Section renewal of liquor permits in the Whereas, the granting of this 4303.271 of the Revised Code, the State of Ohio is October 1st; and application for a liquor permit to legislative authority of a municipal Whereas, pursuant to Section this high crime area, which is corporation may object to the renew- 4303.271 of the Revised Code, the already saturated with other liquor al of a permit based upon legal legislative authority of a municipal outlets, is contrary to the best inter- grounds as set forth in division (A) corporation may object to the renew- ests of the entire community; and of Revised Code Section 4303.292; al of a permit based upon legal Whereas, the applicant does not and grounds as set forth in division (A) qualify to be a permit holder and/or Whereas, the applicant is unfit to of Revised Code Section 4303.292; has demonstrated that he has oper- continue to engage in the liquor per- and ated his liquor business in disregard mit business in that he has operat- Whereas, the applicant is unfit to of the laws, regulations or local ed his liquor permit business in a continue to engage in the liquor per- ordinances of this state or any other manner that demonstrates a disre- mit business in that he has operat- state; and gard for the laws, regulations or ed his liquor permit business in a Whereas, the place for which the local ordinances of the state, and manner that demonstrates a disre- permit is sought has not conformed that this objection is based on other gard for the laws, regulations or to the building, safety or health legal grounds as set forth in local ordinances of the state, and requirements of the governing body Revised Code Section 4303.292; and that this objection is based on other of this County or City; and Whereas, this resolution consti- legal grounds as set forth in Whereas, the place for which the tutes an emergency measure pro- Revised Code Section 4303.292; and permit is sought is so arranged or viding for the immediate preserva- Whereas, this resolution consti- constructed that law enforcement offi- tion of the public peace, prosperity, tutes an emergency measure pro- cers or agents of the Department of safety and welfare pursuant to Sec- viding for the immediate preserva- Liquor Control are prevented reason- tion 4303.271 of the Ohio Revised tion of the public peace, prosperity, able access to the establishment; and Code, objections to renewal of safety and welfare pursuant to Sec- Whereas, the place for which the liquor permits shall be made no tion 4303.271 of the Ohio Revised permit is sought is so located with later than thirty days prior to the Code, objections to renewal of respect to the neighborhood that it expiration date of the permit; now, liquor permits shall be made no substantially interferes with public t h e r e f o r e , later than thirty days prior to the decency, sobriety, peace or good expiration date of the permit; now, order; and Be it resolved by the Council of t h e r e f o r e , Whereas, this objection is based the City of Cleveland: Be it resolved by the Council of on other legal grounds as set forth Section 1. That Council does here- the City of Cleveland: in Revised Code Section 4303.292; and by record its objection to the renew- Section 1. That Council does here- Whereas, this resolution consti- al of a D1, D2 & D3 Liquor Permit, by record its objection to the renew- tutes an emergency measure provid- Permit No. 6554957, owned by 1299 al of a D1, D2, D3, D3A & D6 Liquor ing for the immediate preservation Corp., 1299 West 9th Street, 1st Fl. Permit, Permit No. 3891460, owned of the public peace, prosperity, safe- & Bsmt., Cleveland Ohio 44113 and by Hofbrau Haus Inc., 1400 East ty and welfare pursuant to Section requests the Director of Liquor Con- 55th Street, 1st Fl. & Bsmt., Cleve- 4303.26 of the Ohio Revised Code. trol to set a hearing for said appli- land, Ohio 44103 and requests the Council’s objection to said permit cation in accordance with provisions Director of Liquor Control to set a must be received by the Director of of Section 4303.271 of the Revised hearing for said application in Liquor Control within 30 days of Code of Ohio. accordance with provisions of Sec- notification; now, therefore, Section 2. That the Clerk of Coun- tion 4303.271 of the Revised Code of Be it resolved by the Council of cil be and she is hereby directed to Ohio. the City of Cleveland: transmit two certified copies of this Section 2. That the Clerk of Coun- Section 1. That Council does here- resolution, together with two copies cil be and she is hereby directed to by record its objection to the trans- of a letter of objection and two transmit two certified copies of this fer of ownership and location of a copies of a letter requesting that the resolution, together with two copies D1, D2, D3, D3A and D6 Liquor Per- hearing be held in Cleveland, Cuya- of a letter of objection and two mit from Permit No. 8200099, Sixty hoga County, and a statement by the copies of a letter requesting that the Nine Inc., 10025 Lorain Avenue, Director of Law that, in the Direc- hearing be held in Cleveland, Cuya- Cleveland, Ohio 44111, to Permit No. tor’s opinion, the objection is based hoga County, and a statement by the 1970633, Christopher M. Davis, DBA upon substantial legal grounds with- Director of Law that, in the Direc- Hybrid, 1281 West 9th Street, Cleve- in the meaning and intent of divi- tor’s opinion, the objection is based land, Ohio 44113 and requests the sion (A) of Section 4303.292 of the upon substantial legal grounds with- Director of Liquor Control to set a Revised Code to the Director of in the meaning and intent of divi- hearing for said application in Liquor Control. sion (A) of Section 4303.292 of the accordance with provisions of Sec- Section 3. That this resolution is Revised Code to the Director of tion 4303.26 of the Revised Code of hereby declared to be an emergency Liquor Control. Ohio. measure and, provided it receives Section 3. That this resolution is Section 2. That the Clerk of Coun- the affirmative vote of two-thirds of hereby declared to be an emergency cil be and she is hereby directed to all the members elected to Council, 1734 July 25, 2001 The City Record 69 it shall take effect and be in force Res. No. 1421-01. all the members elected to Council, immediately upon its adoption and By Councilman Gordon. it shall take effect and be in force approval by the Mayor; otherwise, it An emergency resolution urging immediately upon its adoption and shall take effect and be in force that the Ohio General Assembly and approval by the Mayor; otherwise it from and after the earliest period Governor Taft support and adopt shall take effect and be in force allowed by law. legislation requiring that Medicaid from and after the earliest period Adopted July 18, 2001. health care insurance providers in allowed by law. Awaiting the approval or disap- Ohio accept and pay patient billings Adopted July 18, 2001. proval of the Mayor. from out of network providers locat- Awaiting the approval or disap- ed at municipally-owned and/or proval of the Mayor. operated neighborhood health clin- ics. Res. No. 1420-01. Whereas, the City of Cleveland By Councilman Dolan. owns and/or operates a number of Res. No. 1422-01. An emergency resolution object- neighborhood outpatient health clin- By Councilman Jackson. ing to the renewal of a D1, D2, D3 ics; and An emergency resolution with- & D3A Liquor Permit at 16800 Whereas, the City’s neighborhood drawing objection to the issuance of Lorain Avenue. outpatient health clinics provide a C1 Liquor Permit to 6206 Wood- Whereas, the uniform date for convenient facilities for health ser- land Avenue, and repealing Res. No. renewal of liquor permits in the vices to the general public without 186-01 objecting to said issuance. State of Ohio is October 1st; and discrimination by reason of race, Whereas, this Council objected to creed, color or national origin; and Whereas, pursuant to Section the issuance of a C1 Liquor Permit Whereas, this Council wants to to 6206 Woodland Avenue by Res. 4303.271 of the Revised Code, the ensure that high quality health care No. 186-01 adopted by Council on legislative authority of a municipal services are conveniently and effi- February 5, 2001; and corporation may object to the renew- ciently accessible to all citizens of Whereas, this Council wishes to al of a permit based upon legal the City of Cleveland regardless of withdraw its objection to the above grounds as set forth in division (A) their social or economic circum- issuance and consents to said of Revised Code Section 4303.292; stances, and to encourage the citi- issuance; and and zens of the City to seek health care Whereas, this resolution consti- Whereas, the applicant is unfit to when needed by providing neigh- tutes an emergency measure provid- continue to engage in the liquor per- borhood-based clinics for outpatient ing for the usual daily operation of mit business in that he has operat- primary care; and a municipal department; now, there- ed his liquor permit business in a Whereas, the Council of the City fore, manner that demonstrates a disre- of Cleveland is concerned that cur- Be it resolved by the Council of gard for the laws, regulations or rent Ohio law and regulations dis- the City of Cleveland: local ordinances of the state, and courage patients from seeking Section 1. That objection to the that this objection is based on other health care at convenient neighbor- issuance of a C1 Liquor Permit to legal grounds as set forth in hood health care clinics and make 6206 Woodland Avenue, be and the Revised Code Section 4303.292; and it difficult for municipally-owned same is hereby withdrawn and Res. Whereas, this resolution consti- neighborhood clinics to serve all No. 186-01, containing said objection, tutes an emergency measure pro- those who come into their facilities be and the same is hereby repealed viding for the immediate preserva- due to the existence of separate pri- and that this Council consents to the tion of the public peace, prosperity, vate Medicaid insurance providers immediate issuance thereof. safety and welfare pursuant to Sec- in the State with which health care Section 2. That this resolution is tion 4303.271 of the Ohio Revised providers at such clinics must inde- hereby declared to be an emergency Code, objections to renewal of pendently contract for coverage and measure and, provided it receives liquor permits shall be made no patients must independently choose the affirmative vote of two-thirds of later than thirty days prior to the for their health care insurance cov- all the members elected to Council, expiration date of the permit; now, erage; now therefore it shall take effect and be in force t h e r e f o r e , Be it resolved by the Council of immediately upon its adoption and Be it resolved by the Council of the City of Cleveland: approval by the Mayor; otherwise, it the City of Cleveland: Section 1. That this Council urges shall take effect and be in force Section 1. That Council does here- the Ohio General Assembly and from and after the earliest period by record its objection to the renew- Governor Taft to support and adopt allowed by law. al of a D1, D2, D3 & D3A Liquor Per- legislation that authorizes health Adopted July 18, 2001. mit, Permit No. 44656470001, owned care service providers at municipal- Awaiting the approval or disap- by Kamms Korner Tavern Inc., DBA ly-owned neighborhood health care proval of the Mayor. Kilbanes Restaurant & Pub, 16800 clinics to accept all patients for care Lorain Avenue, Cleveland, Ohio who are on Medicaid health care 44111 and requests the Director of insurance plans, regardless of Liquor Control to set a hearing for whether or not the provider is with- Res. No. 1423-01. said application in accordance with in the network of a patient’s Med- By Councilman Johnson. provisions of Section 4303.271 of the icaid insurance plan, and authoriz- An emergency resolution with- Revised Code of Ohio. ing such “out-of-plan” health care drawing objection to the transfer of Section 2. That the Clerk of Coun- providers to bill and be paid ownership and location of a D1, D2, cil be and she is hereby directed to through any patient’s Medicaid D3 and D3A Liquor Permit to 13120 transmit two certified copies of this insurer. Shaker Square, and repealing Res. resolution, together with two copies Section 2. That this Council urges No. 1181-01 objecting to said trans- the Ohio General Assembly and of a letter of objection and two fer of ownership and location. Governor Taft to support and adopt Whereas, this Council objected to copies of a letter requesting that the legislation that requires Medicaid the transfer of ownership and loca- hearing be held in Cleveland, Cuya- health care insurers contracting tion of a D1, D2, D3 and D3A Liquor hoga County, and a statement by the with the State of Ohio not to disap- Permit to 13120 Shaker Square by Director of Law that, in the Direc- prove for payment the bills for Res. No. 1181-01 adopted by Council tor’s opinion, the objection is based health care services at municipally- June 11, 2001; and upon substantial legal grounds owned neighborhood health care Whereas, this Council wishes to within the meaning and intent of facilities solely on the basis that the withdraw its objection to the above division (A) of Section 4303.292 of provider of such health care is out- transfer of ownership and location the Revised Code to the Director of side the Medicaid insurer’s network and consents to said transfer of Liquor Control. of providers. ownership and location; and Section 3. That this resolution is Section 3. That upon approval, the Whereas, this resolution consti- hereby declared to be an emergency Clerk of City Council is hereby tutes an emergency measure provid- measure and, provided it receives directed to deliver a copy of this ing for the usual daily operation of the affirmative vote of two-thirds of Resolution to Governor Taft, the a municipal department; now, there- all the members elected to Council, Mayor, the Director of Public fore, it shall take effect and be in force Health, the Commissioner of Health, Be it resolved by the Council of immediately upon its adoption and and to the Ohio State Representa- the City of Cleveland: approval by the Mayor; otherwise, it tives and Senators representing the Section 1. That objection to the shall take effect and be in force citizens of Cleveland in the Ohio transfer of ownership and location from and after the earliest period General Assembly. of a D1, D2, D3 and D3A Liquor allowed by law. Section 4. That this resolution is Permit to 13120 Shaker Square, be Adopted July 18, 2001. hereby declared to be an emergency and the same is hereby withdrawn Awaiting the approval or disap- measure and, provided it receives and Res. No. 1181-01, containing proval of the Mayor. the affirmative vote of two-thirds of said objection, be and the same is 1735 70 The City Record July 25, 2001 hereby repealed and that this Coun- immediately upon its adoption and Res. No. 1426-01. cil consents to the immediate trans- approval by the Mayor; otherwise it By Councilman Johnson. fer of ownership and location shall take effect and be in force An emergency resolution objecting t h e r e o f . from and after the earliest period to the renewal of a C1 and C2 Liquor Section 2. That this resolution is allowed by law. Permit at 2976 East 116th Street. hereby declared to be an emergency Adopted July 18, 2001. Whereas, the uniform date for measure and, provided it receives Awaiting the approval or disap- renewal of liquor permits in the the affirmative vote of two-thirds of proval of the Mayor. State of Ohio is October 1st; and all the members elected to Council, Whereas, pursuant to Section it shall take effect and be in force 4303.271 of the Revised Code, the leg- immediately upon its adoption and islative authority of a municipal cor- approval by the Mayor; otherwise, it Res. No. 1425-01. poration may object to the renewal shall take effect and be in force By Councilman Johnson. of a permit based upon legal from and after the earliest period An emergency resolution object- grounds as set forth in division (A) allowed by law. ing to the renewal of a C2 and C2X of Revised Code Section 4303.292; and Adopted July 18, 2001. Liquor Permit at 3314 East 93rd Whereas, the applicant is unfit to Awaiting the approval or disap- Street. continue to engage in the liquor per- proval of the Mayor. Whereas, the uniform date for mit business in that he has operat- renewal of liquor permits in the ed his liquor permit business in a State of Ohio is October 1st; and manner that demonstrates a disre- Whereas, pursuant to Section gard for the laws, regulations or Res. No. 1424-01. 4303.271 of the Revised Code, the local ordinances of the state, and By Councilman Johnson. legislative authority of a municipal that this objection is based on other An emergency resolution object- corporation may object to the renew- legal grounds as set forth in ing to the renewal of a C2 and C2X al of a permit based upon legal Revised Code Section 4303.292; and Liquor Permit at 11312 Buckeye Rd. grounds as set forth in division (A) Whereas, this resolution consti- Whereas, the uniform date for of Revised Code Section 4303.292; tutes an emergency measure provid- renewal of liquor permits in the and ing for the immediate preservation State of Ohio is October 1st; and Whereas, the applicant is unfit to of the public peace, prosperity, safe- Whereas, pursuant to Section ty and welfare pursuant to Section 4303.271 of the Revised Code, the continue to engage in the liquor per- mit business in that he has operat- 4303.271 of the Ohio Revised Code, legislative authority of a municipal objections to renewal of liquor per- corporation may object to the renew- ed his liquor permit business in a manner that demonstrates a disre- mits shall be made no later than al of a permit based upon legal thirty days prior to the expiration grounds as set forth in division (A) gard for the laws, regulations or local ordinances of the state, and date of the permit; now, therefore, of Revised Code Section 4303.292; Be it resolved by the Council of and that this objection is based on other legal grounds as set forth in the City of Cleveland: Whereas, the applicant is unfit to Section 1. That Council does here- continue to engage in the liquor per- Revised Code Section 4303.292; and Whereas, this resolution consti- by record its objection to the renew- mit business in that he has operat- al of a C1 and C2 Liquor Permit, ed his liquor permit business in a tutes an emergency measure pro- viding for the immediate preserva- Permit No. 5179902, owned by Lez manner that demonstrates a disre- Inc., DBA Moes Food Mart, 2976 East gard for the laws, regulations or tion of the public peace, prosperity, safety and welfare pursuant to Sec- 116th Street, Cleveland, Ohio 44120 local ordinances of the state, and and requests the Director of Liquor tion 4303.271 of the Ohio Revised that this objection is based on other Control to set a hearing for said Code, objections to renewal of legal grounds as set forth in application in accordance with pro- liquor permits shall be made no Revised Code Section 4303.292; and visions of Section 4303.271 of the later than thirty days prior to the Whereas, this resolution consti- Revised Code of Ohio. expiration date of the permit; now, tutes an emergency measure pro- Section 2. That the Clerk of Coun- viding for the immediate preserva- t h e r e f o r e , cil be and she is hereby directed to tion of the public peace, prosperity, Be it resolved by the Council of transmit two certified copies of this safety and welfare pursuant to Sec- the City of Cleveland: resolution, together with two copies tion 4303.271 of the Ohio Revised Section 1. That Council does here- of a letter of objection and two Code, objections to renewal of by record its objection to the renew- copies of a letter requesting that the liquor permits shall be made no al of a C2 and C2X Liquor Permit, hearing be held in Cleveland, Cuya- later than thirty days prior to the Permit No. 81853120002, owned by hoga County, and a statement by the expiration date of the permit; now, Lester Sinclair, DBA Cross Town Director of Law that, in the Direc- t h e r e f o r e , Beverage, 3314 East 93rd Street, tor’s opinion, the objection is based Be it resolved by the Council of Cleveland, Ohio 44104 and requests upon substantial legal grounds with- the City of Cleveland: the Director of Liquor Control to set in the meaning and intent of divi- Section 1. That Council does here- a hearing for said application in sion (A) of Section 4303.292 of the by record its objection to the renew- accordance with provisions of Sec- Revised Code to the Director of al of a C2 and C2X Liquor Permit, tion 4303.271 of the Revised Code of Liquor Control. Permit No. 7742555, owned by Gene Ohio. Section 3. That this resolution is A. Sardon, Genes Corner Beverage Section 2. That the Clerk of Coun- hereby declared to be an emergency Store #1, 11312 Buckeye Road, cil be and she is hereby directed to measure and, provided it receives Cleveland, Ohio 44104 and requests transmit two certified copies of this the affirmative vote of two-thirds of the Director of Liquor Control to set resolution, together with two copies all the members elected to Council, a hearing for said application in of a letter of objection and two it shall take effect and be in force accordance with provisions of Sec- copies of a letter requesting that the immediately upon its adoption and tion 4303.271 of the Revised Code of hearing be held in Cleveland, Cuya- approval by the Mayor; otherwise, it Ohio. hoga County, and a statement by the shall take effect and be in force Section 2. That the Clerk of Coun- Director of Law that, in the Direc- from and after the earliest period cil be and she is hereby directed to tor’s opinion, the objection is based allowed by law. transmit two certified copies of this upon substantial legal grounds with- Adopted July 18, 2001. resolution, together with two copies in the meaning and intent of divi- Awaiting the approval or disap- of a letter of objection and two sion (A) of Section 4303.292 of the proval of the Mayor. copies of a letter requesting that the Revised Code to the Director of hearing be held in Cleveland, Cuya- Liquor Control. hoga County, and a statement by the Section 3. That this resolution is Director of Law that, in the Direc- hereby declared to be an emergency Res. No. 1427-01. tor’s opinion, the objection is based measure and, provided it receives By Councilman Johnson. upon substantial legal grounds with- the affirmative vote of two-thirds of An emergency resolution object- in the meaning and intent of divi- all the members elected to Council, ing to the renewal of a D1, D2, D3 sion (A) of Section 4303.292 of the it shall take effect and be in force and D3A Liquor Permit at 3065-77 Revised Code to the Director of immediately upon its adoption and East 123rd Street. Liquor Control. approval by the Mayor; otherwise, it Whereas, the uniform date for Section 3. That this resolution is shall take effect and be in force renewal of liquor permits in the hereby declared to be an emergency from and after the earliest period State of Ohio is October 1st; and measure and, provided it receives allowed by law. Whereas, pursuant to Section the affirmative vote of two-thirds of Adopted July 18, 2001. 4303.271 of the Revised Code, the leg- all the members elected to Council, Awaiting the approval or disap- islative authority of a municipal cor- it shall take effect and be in force proval of the Mayor. poration may object to the renewal 1736 July 25, 2001 The City Record 71 of a permit based upon legal Whereas, this resolution consti- of Liquor Control are prevented rea- grounds as set forth in division (A) tutes an emergency measure pro- sonable access to the establishment; of Revised Code Section 4303.292; and viding for the immediate preserva- and Whereas, the applicant is unfit to tion of the public peace, prosperity, Whereas, the place for which the continue to engage in the liquor per- safety and welfare pursuant to Sec- permit is sought is so located with mit business in that he has operat- tion 4303.271 of the Ohio Revised respect to the neighborhood that it ed his liquor permit business in a Code, objections to renewal of substantially interferes with public manner that demonstrates a disre- liquor permits shall be made no decency, sobriety, peace or good gard for the laws, regulations or later than thirty days prior to the order; and local ordinances of the state, and expiration date of the permit; now, Whereas, this objection is based that this objection is based on other t h e r e f o r e , on other legal grounds as set forth legal grounds as set forth in Be it resolved by the Council of in Revised Code Section 4303.292; Revised Code Section 4303.292; and the City of Cleveland: and Whereas, this resolution consti- Section 1. That Council does here- Whereas, this resolution consti- tutes an emergency measure provid- by record its objection to the renew- tutes an emergency measure pro- ing for the immediate preservation al of a C1 Liquor Permit, Permit No. viding for the immediate preserva- of the public peace, prosperity, safe- 8916607, owned by 3249 East 143rd tion of the public peace, prosperi- ty and welfare pursuant to Section Street, 1st Fl. Front & Bsmt., Cleve- ty, safety and welfare pursuant to 4303.271 of the Ohio Revised Code, land, Ohio 44120 and requests the Section 4303.26 of the Ohio Revised objections to renewal of liquor per- Director of Liquor Control to set a Code. Council’s objection to said mits shall be made no later than hearing for said application in permit must be received by the thirty days prior to the expiration accordance with provisions of Sec- Director of Liquor Control within date of the permit; now, therefore, tion 4303.271 of the Revised Code of 30 days of notification; now, there- Be it resolved by the Council of Ohio. f o r e , the City of Cleveland: Section 2. That the Clerk of Coun- Be it resolved by the Council of Section 1. That Council does here- cil be and she is hereby directed to the City of Cleveland: by record its objection to the renew- transmit two certified copies of this Section 1. That Council does here- al of a D1, D2, D3 and D3A Liquor resolution, together with two copies by record its objection to the trans- Permit, Permit No. 4580028, owned by of a letter of objection and two fer of ownership and location of a Kendrick Lounge Inc., DBA Club copies of a letter requesting that the C2 and C2X Liquor Permit from 123, 3065-77 East 123rd Street, Cleve- hearing be held in Cleveland, Cuya- Permit No. 9804504, Y & A Grocery land, Ohio 44120 and requests the hoga County, and a statement by the Inc., 3852 East 123rd Street, Cleve- Director of Liquor Control to set a Director of Law that, in the Direc- land, Ohio 44105, to Permit No. hearing for said application in accor- tor’s opinion, the objection is based 0066473, Adham Inc., DBA Adham dance with provisions of Section upon substantial legal grounds with- Food Market, 13800 Harvard Ave., 4303.271 of the Revised Code of Ohio. in the meaning and intent of divi- 1st Fl., Cleveland, Ohio 44105 and Section 2. That the Clerk of Coun- sion (A) of Section 4303.292 of the requests the Director of Liquor Con- cil be and she is hereby directed to Revised Code to the Director of trol to set a hearing for said appli- transmit two certified copies of this Liquor Control. cation in accordance with provisions resolution, together with two copies Section 3. That this resolution is of Section 4303.26 of the Revised of a letter of objection and two hereby declared to be an emergency Code of Ohio. copies of a letter requesting that the measure and, provided it receives Section 2. That the Clerk of Coun- hearing be held in Cleveland, Cuya- the affirmative vote of two-thirds of cil be and she is hereby directed to hoga County, and a statement by the all the members elected to Council, transmit two certified copies of this Director of Law that, in the Direc- it shall take effect and be in force resolution, together with two copies tor’s opinion, the objection is based immediately upon its adoption and of a letter of objection and two upon substantial legal grounds with- approval by the Mayor; otherwise, it copies of a letter requesting that the in the meaning and intent of divi- shall take effect and be in force hearing be held in Cleveland, Cuya- sion (A) of Section 4303.292 of the from and after the earliest period hoga County. Revised Code to the Director of allowed by law. Section 3. That this resolution is Liquor Control. Adopted July 18, 2001. hereby declared to be an emergency Section 3. That this resolution is Awaiting the approval or disap- measure and, provided it receives hereby declared to be an emergency proval of the Mayor. the affirmative vote of two-thirds of measure and, provided it receives all the members elected to Council, the affirmative vote of two-thirds of it shall take effect and be in force all the members elected to Council, immediately upon its adoption and it shall take effect and be in force Res. No. 1429-01. approval by the Mayor; otherwise, it immediately upon its adoption and By Councilman Jones. shall take effect and be in force approval by the Mayor; otherwise, it An emergency resolution object- from and after the earliest period shall take effect and be in force ing to the transfer of ownership and allowed by law. from and after the earliest period location of a C2 and C2X Liquor Per- Adopted July 18, 2001. allowed by law. mit to 13800 Harvard Ave., 1st Fl. Awaiting the approval or disap- Adopted July 18, 2001. Whereas, Council has been noti- proval of the Mayor. Awaiting the approval or disap- fied by the Director of Liquor Con- proval of the Mayor. trol of an application for the trans- fer of ownership and location of a C2 and C2X Liquor Permit from Per- Res. No. 1430-01. mit No. 9804504, Y & A Grocery Inc., By Councilman Lewis. Res. No. 1428-01. 3852 East 123rd Street, Cleveland, An emergency resolution with- By Councilman Johnson. Ohio 44105, to Permit No. 0066473, drawing objection to the issuance of An emergency resolution object- Adham Inc., DBA Adham Food Mar- a C1 Liquor Permit to 9200 Wade ing to the renewal of a C1 Liquor ket, 13800 Harvard Ave., 1st Fl., Park Avenue, Unit EA10, and repeal- Permit at 3249 East 143rd Street, 1st Cleveland, Ohio 44105; and ing Res. No. 755-01 objecting to said Fl. Front & Bsmt. Whereas, the granting of this issuance. Whereas, the uniform date for application for a liquor permit to Whereas, this Council objected to renewal of liquor permits in the this high crime area, which is the issuance of a C1 Liquor Permit State of Ohio is October 1st; and already saturated with other liquor to 9200 Wade Park Avenue, Unit Whereas, pursuant to Section outlets, is contrary to the best inter- EA10 by Res. No. 755-01 adopted by 4303.271 of the Revised Code, the ests of the entire community; and Council on April 30, 2001; and legislative authority of a municipal Whereas, the applicant does not Whereas, this Council wishes to corporation may object to the qualify to be a permit holder and/or withdraw its objection to the above renewal of a permit based upon has demonstrated that he has oper- issuance and consents to said legal grounds as set forth in divi- ated his liquor business in disregard issuance pursuant to a cooperation sion (A) of Revised Code Section of the laws, regulations or local agreement signed between the Coun- 4303.292; and ordinances of this state or any other cil person and the permit holder on Whereas, the applicant is unfit to state; and June 18, 2001 a copy of which is in continue to engage in the liquor per- Whereas, the place for which the the City of Cleveland’s Law Depart- mit business in that he has operat- permit is sought has not conformed ment; and ed his liquor permit business in a to the building, safety or health Whereas, this resolution consti- manner that demonstrates a disre- requirements of the governing body tutes an emergency measure provid- gard for the laws, regulations or of this County or City; and ing for the usual daily operation of local ordinances of the state, and Whereas, the place for which the a municipal department; now, there- that this objection is based on other permit is sought is so arranged or fore, legal grounds as set forth in constructed that law enforcement Be it resolved by the Council of Revised Code Section 4303.292; and officers or agents of the Department the City of Cleveland: 1737 72 The City Record July 25, 2001

Section 1. That objection to the Bridge Ave., Cleveland, Ohio 44102 D6 Liquor Permit from Permit No. issuance of a C1 Liquor Permit to and requests the Director of Liquor 6218851, Mufeed Inc., 584 East 102nd 9200 Wade Park Avenue, Unit EA10, Control to set a hearing for said Street, 1st Fl. Only, Cleveland, Ohio be and the same is hereby with- application in accordance with pro- 44108, to Permit No. 8464125, St. Clair drawn and Res. No. 755-01, contain- visions of Section 4303.26 of the – One Stop Foods Inc., DBA E. 102nd ing said objection, be and the same Revised Code of Ohio. Food Market, 584 East 102nd St., 1st is hereby repealed and that this Section 2. That the Clerk of Coun- Fl. Only, Cleveland, Ohio 44108; and Council consents to the immediate cil be and she is hereby directed to Whereas, the granting of this issuance thereof. transmit two certified copies of this application for a liquor permit to Section 2. That this resolution is resolution, together with two copies this high crime area, which is hereby declared to be an emergency of a letter of objection and two already saturated with other liquor measure and, provided it receives copies of a letter requesting that the outlets, is contrary to the best inter- the affirmative vote of two-thirds of hearing be held in Cleveland, Cuya- ests of the entire community; and all the members elected to Council, hoga County. Whereas, the applicant does not it shall take effect and be in force Section 3. That this resolution is qualify to be a permit holder and/or immediately upon its adoption and hereby declared to be an emergency has demonstrated that he has oper- approval by the Mayor; otherwise it measure and, provided it receives ated his liquor business in disregard shall take effect and be in force the affirmative vote of two-thirds of of the laws, regulations or local from and after the earliest period all the members elected to Council, ordinances of this state or any other allowed by law. it shall take effect and be in force state; and Adopted July 18, 2001. immediately upon its adoption and Whereas, the place for which the Awaiting the approval or disap- approval by the Mayor; otherwise, it permit is sought has not conformed proval of the Mayor. shall take effect and be in force to the building, safety or health from and after the earliest period requirements of the governing body allowed by law. of this County or City; and Adopted July 18, 2001. Whereas, the place for which the Res. No. 1431-01. Awaiting the approval or disap- permit is sought is so arranged or By Councilman Melena. proval of the Mayor. constructed that law enforcement An emergency resolution object- officers or agents of the Department ing to the issuance of a C1 Liquor of Liquor Control are prevented rea- Permit to 5718 Bridge Avenue. sonable access to the establishment; Whereas, Council has been noti- Res. No. 1432-01. and fied by the Director of Liquor Con- By Councilman Melena. Whereas, the place for which the trol of an application for the An emergency resolution with- permit is sought is so located with issuance of a C1 Liquor Permit to drawing objection to the transfer of respect to the neighborhood that it Permit No. 7467795, Norma Rodri- location of a C1 Liquor Permit to substantially interferes with public guez, DBA Grocery Store, 5718 5009 Detroit Avenue, and repealing decency, sobriety, peace or good Bridge Ave., Cleveland, Ohio 44102; Res. No. 236-01 objecting to said order; and and transfer of location. Whereas, this objection is based Whereas, the granting of this Whereas, this Council objected to on other legal grounds as set forth application for a liquor permit to the transfer of location of a C1 in Revised Code Section 4303.292; this high crime area, which is Liquor Permit to 5009 Detroit and already saturated with other liquor Avenue by Res. No. 236-01 adopted Whereas, this resolution consti- outlets, is contrary to the best inter- by Council on February 12, 2001; and tutes an emergency measure provid- ests of the entire community; and Whereas, this Council wishes to ing for the immediate preservation Whereas, the applicant does not withdraw its objection to the above of the public peace, prosperity, safe- qualify to be a permit holder and/or transfer of location and consents to ty and welfare pursuant to Section has demonstrated that he has oper- said transfer of location; and 4303.26 of the Ohio Revised Code. ated his liquor business in disregard Whereas, this resolution consti- Council’s objection to said permit of the laws, regulations or local tutes an emergency measure provid- must be received by the Director of ordinances of this state or any other ing for the usual daily operation of Liquor Control within 30 days of state; and a municipal department; now, there- notification; now, therefore, Whereas, the place for which the fore, Be it resolved by the Council of permit is sought has not conformed Be it resolved by the Council of the City of Cleveland: to the building, safety or health the City of Cleveland: Section 1. That Council does here- requirements of the governing body Section 1. That objection to the by record its objection to the trans- of this County or City; and transfer of location of a C1 Liquor fer of ownership of a C2, C2X and Whereas, the place for which the Permit to 5009 Detroit Avenue, be D6 Liquor Permit from Permit No. permit is sought is so arranged or and the same is hereby withdrawn 6218851, Mufeed Inc., 584 East 102nd constructed that law enforcement and Res. No. 236-01, containing said Street, 1st Fl. Only, Cleveland, Ohio officers or agents of the Department objection, be and the same is here- 44108, to Permit No. 8464125, St. Clair of Liquor Control are prevented rea- by repealed and that this Council – One Stop Foods Inc., DBA E. 102nd sonable access to the establishment; consents to the immediate transfer Food Market, 584 East 102nd St., 1st and of location thereof. Fl. Only, Cleveland, Ohio 44108 and Whereas, the place for which the Section 2. That this resolution is requests the Director of Liquor Con- permit is sought is so located with hereby declared to be an emergency trol to set a hearing for said appli- respect to the neighborhood that it measure and, provided it receives cation in accordance with provisions substantially interferes with public the affirmative vote of two-thirds of of Section 4303.26 of the Revised decency, sobriety, peace or good all the members elected to Council, Code of Ohio. order; and it shall take effect and be in force Section 2. That the Clerk of Coun- Whereas, this objection is based immediately upon its adoption and cil be and she is hereby directed to on other legal grounds as set forth approval by the Mayor; otherwise, it transmit two certified copies of this in Revised Code Section 4303.292; shall take effect and be in force resolution, together with two copies and from and after the earliest period of a letter of objection and two Whereas, this resolution consti- allowed by law. copies of a letter requesting that the tutes an emergency measure provid- Adopted July 18, 2001. hearing be held in Cleveland, Cuya- ing for the immediate preservation Awaiting the approval or disap- hoga County. of the public peace, prosperity, safe- proval of the Mayor. Section 3. That this resolution is ty and welfare pursuant to Section hereby declared to be an emergency 4303.26 of the Ohio Revised Code. measure and, provided it receives Council’s objection to said permit the affirmative vote of two-thirds of must be received by the Director of Res. No. 1433-01. all the members elected to Council, Liquor Control within 30 days of By Councilman Patmon. it shall take effect and be in force notification; now, therefore, An emergency resolution object- immediately upon its adoption and Be it resolved by the Council of ing to the transfer of ownership of approval by the Mayor; otherwise, it the City of Cleveland: a C2, C2X and D6 Liquor Permit to shall take effect and be in force Section 1. That Council does here- 584 East 102nd St., 1st Fl. Only. from and after the earliest period by record its objection to the Whereas, Council has been noti- allowed by law. issuance of a C1 Liquor Permit to fied by the Director of Liquor Con- Adopted July 18, 2001. Permit No. 7467795, Norma Rodri- trol of an application for the trans- Awaiting the approval or disap- guez, DBA Grocery Store, 5718 fer of ownership of a C2, C2X and proval of the Mayor. 1738 July 25, 2001 The City Record 73

Res. No. 1434-01. al of a D5 and D6 Liquor Permit, the person serving it shall be By Councilman Sweeney. Permit No. 6418022, Owned by 9722 returned to the office of the Direc- An emergency resolution with- Lorain Ave. Inc., 9720-24 Lorain Ave., tor of Finance and there filed and drawing objection to the transfer of 1st Fl. & Bsmt., Cleveland, Ohio preserved. The said notice shall ownership of a D1, D2, D3 and D3A 44102 and requests the Director of also provide that: if the sidewalk, Liquor Permit to 4690 West 130th Liquor Control to set a hearing for driveway apron, curb, gutter, Street, 1st Fl., Bsmt. southside, and said application in accordance with and/or casting are not layed, re- repealing Res. No. 191-01 objecting provisions of Section 4303.271 of the layed or repaired by the abutting to said transfer of ownership. Revised Code of Ohio. owner, in accordance with the Whereas, this Council objected to Section 2. That the Clerk of Coun- notice, within fifteen (15) days the transfer of ownership of a D1, cil be and she is hereby directed to from service of notice or completion D2, D3 and D3A Liquor Permit to transmit two certified copies of this of the publication thereof, the City 4690 West 130th Street, 1st Fl., Bsmt. resolution, together with two copies will proceed, through the appropri- southside. by Res. No. 191-01 adopt- of a letter of objection and two ate department, to lay, re-lay or ed by Council February 5, 2001; and copies of a letter requesting that the repair such sidewalk, driveway Whereas, this Council wishes to hearing be held in Cleveland, Cuya- apron, curb, gutter, and/or casting, withdraw its objection to the above hoga County, and a statement by the including adjustments of utility transfer of ownership and consents Director of Law that, in the Direc- boxes, where necessary at the cost to said transfer of ownership; and tor’s opinion, the objection is based and expense of the owner of the Whereas, this resolution consti- upon substantial legal grounds with- property in front of which the same tutes an emergency measure provid- in the meaning and intent of divi- is layed, re-layed, repaired; and the ing for the usual daily operation of sion (A) of Section 4303.292 of the cost and expense thereof, unless a municipal department; now, there- Revised Code to the Director of paid to the Director of Finance, will fore, Liquor Control. be assessed against the abutting Be it resolved by the Council of Section 3. That this resolution is property, and collected in the same the City of Cleveland: hereby declared to be an emergency manner as other assessments, as Section 1. That objection to the measure and, provided it receives provided in Section 165 of the Char- transfer of ownership of a D1, D2, the affirmative vote of two-thirds of ter of the City of Cleveland. D3 and D3A Liquor Permit to 4690 all the members elected to Council, Section 3. That this resolution is West 130th Street, 1st Fl., Bsmt. it shall take effect and be in force hereby declared to be an emergency southside. be and the same is here- immediately upon its adoption and measure and, provided it receives by withdrawn and Res. No. 191-01, approval by the Mayor; otherwise, it the affirmative vote of two-thirds of containing said objection, be and shall take effect and be in force all the members elected to Council, the same is hereby repealed and from and after the earliest period it shall take effect and be in force that this Council consents to the allowed by law. immediately upon its adoption and immediate transfer of ownership Adopted July 18, 2001. approval by the Mayor; otherwise, it thereof. Awaiting the approval or disap- shall take effect and be in force Section 2. That this resolution is proval of the Mayor. from and after the earliest period hereby declared to be an emergency allowed by law. measure and, provided it receives Adopted July 18, 2001. the affirmative vote of two-thirds of Awaiting the approval or disap- all the members elected to Council, Res. No. 1436-01. proval of the Mayor. it shall take effect and be in force By Councilman Westbrook. immediately upon its adoption and An emergency resolution requir- approval by the Mayor; otherwise, it ing the laying, re-laying and repair- shall take effect and be in force ing of sidewalks, driveway aprons, Ord. No. 1751-99. from and after the earliest period curbs, gutters and/or castings on By Councilmen Johnson, Jackson allowed by law. certain streets and any associated and Robinson (by departmental re- Adopted July 18, 2001. corner properties herein named in quest). Awaiting the approval or disap- the City of Cleveland. An emergency ordinance authoriz- proval of the Mayor. Whereas, this resolution consti- ing the sale of real property as part tutes an emergency measure provid- of the Land Reutilization Program ing for the usual daily operation of and located at 9702 Yeakel Avenue a municipal department; now, there- to Donald J. Traylor, Sr. Res. No. 1435-01. fore, Whereas, the City of Cleveland By Councilman Westbrook. Be it resolved by the Council of has elected to adopt and implement An emergency resolution object- the City of Cleveland: the procedures under Chapter 5722 ing to the renewal of a D5 and D6 Section 1. That it is necessary to of the Ohio Revised Code to facili- Liquor Permit at 9720-24 Lorain lay, re-lay and repair sidewalks, dri- tate reutilization of nonproductive Ave., 1st Fl. & Bsmt. veway aprons, curbs, gutters and/or lands situated within the City of Whereas, the uniform date for castings, including adjustments of Cleveland; and renewal of liquor permits in the utility boxes, where necessary, in Whereas, real property acquired State of Ohio is October 1st; and the City of Cleveland on the fol- under the City’s Land Reutilization Whereas, pursuant to Section lowing streets, at the locations here- Program is acquired, held, adminis- 4303.271 of the Revised Code, the inafter named and between the tered and disposed by the City of legislative authority of a municipal points mentioned, including both the Cleveland through its Department of corporation may object to the renew- frontage and depth of corner lots Community Development under the al of a permit based upon legal where said streets intersect, be terms of Chapter 5722 of the Ohio grounds as set forth in division (A) layed, re-layed and repaired, with Revised Code and Section 183.021 of of Revised Code Section 4303.292; either stone flagging or concrete, to Codified Ordinances of the City of and the full width of the present side- Cleveland, 1976, and Whereas, the applicant is unfit to walks or curbing on the streets and Whereas, this ordinance consti- continue to engage in the liquor per- any associated corner properties tutes an emergency measure provid- mit business in that he has operat- respectively: ing for the usual daily operation of ed his liquor permit business in a West 98th Street – Lorain Avenue a municipal department; now, there- manner that demonstrates a disre- to Maywood Avenue fore, gard for the laws, regulations or West 110th Street – Franklin Be it ordained by the Council of local ordinances of the state, and Avenue to Clifton Boulevard the City of Cleveland: that this objection is based on other Willard Avenue – West 91st Street Section 1. That pursuant to Sec- legal grounds as set forth in to West 93rd Street tion 183.021 of the Codified Ordi- Revised Code Section 4303.292; and Section 2. That the Director of nances of Cleveland, Ohio 1976, the Whereas, this resolution consti- Finance shall cause a written notice Commissioner of Purchases and Sup- tutes an emergency measure provid- of the adoption of this resolution to plies is hereby authorized to sell ing for the immediate preservation be served upon the owner, agent of Permanent Parcel No(s). 126-17-030, of the public peace, prosperity, safe- the owner, of each parcel of land as more fully described in Section 2 ty and welfare pursuant to Section abutting upon the sidewalk, drive- below, to Donald J. Traylor, Sr. 4303.271 of the Ohio Revised Code, way apron, curb, gutter, and/or Section 2. That the real property objections to renewal of liquor per- casting to be layed or re-layed or to be sold pursuant to Section 1 of mits shall be made no later than repaired. In the manner provided by this ordinance is more fully thirty days prior to the expiration law for the service of summons in described as follows: date of the permit; now, therefore, civil actions and in accordance with Be it resolved by the Council of Section 164 of the City Charter of P. P. No. 126-17-030 the City of Cleveland: the City of Cleveland. A copy of the Situated in the City of Cleveland, Section 1. That Council does here- notice, with the time and manner of County of Cuyahoga and State of by record its objection to the renew- service endorsed thereon, signed by Ohio, and known as being Sublot No. 1739 74 The City Record July 25, 2001

99 in R. Yeakel Subdivision of part Section 375.07 Landlord Denied Code may be modified or waived by of Original One Hundred Acre Lot Certain Remedies any oral or written agreement No. 417 and 425 as shown by the Section 375.08 Retaliation of Land- except as provided in Division (f) of recorded plat in Volume 10 of Maps, lord Prohibited; Relief this Section. Page 25 of Cuyahoga County Section 375.09 Section 375.09 Rea- (b) No warrant of attorney to con- Records and being 40 feet front on sonable Security Against Criminal fess judgment shall be recognized in the Southerly side of Yeakel Activity any rental agreement or in any Avenue, S.E. and extending back of Section 375.10 Abandonment of other agreement between a landlord equal width, 116 feet deep, as Dwelling Unit by Tenant; Landlord and tenant for the recovery of rent appears by said plat, be the same Remedies or damages to the residential more or less, but subject to all legal Section 375.11 Severability premises. highways. (c) No agreement to pay the land- Also subject to all zoning ordi- Section 375.01 Definitions lord’s or tenant’s attorneys’ fees nances, if any. (a) “Dwelling unit” means a struc- shall be recognized in any rental Section 3. That all documents nec- ture or the part of a structure that agreement for residential premises essary to complete the conveyance is used as a home, residence, or or in any other agreement between authorized by this ordinance shall sleeping place by one person who the landlord and tenant. be executed within six (6) months maintains a household or by two or (d) No agreement by a tenant to of the effective date of this ordi- more persons who maintain a com- the exculpation or limitation of any nance. If all of the documents are mon household. liability of the landlord arising not executed within six (6) months (b) “Landlord” means the owner, under law or to indemnify the land- of the effective date of this ordi- lessor, or sublessor of residential lord for that liability or its related nance, or such additional time as premises, his agent, or any person costs shall be recognized in any may be granted by the Director of authorized by him to manage the rental agreement or in any other Community Development, this ordi- premises or to receive rent from a agreement between a landlord and nance shall be repealed and shall be tenant under a rental agreement. tenant. of no further force or effect. (c) “Rental agreement” means any (e) A rental agreement, or the Section 4. That the consideration agreement or lease, written or oral, assignment, conveyance, trust deed, for the subject parcel shall be estab- which establishes or modifies the or security instrument of the land- lished by the Board of Control and terms, conditions, rules, or any other lord’s interest in the rental agree- shall be not less than Fair Market provisions concerning the use and ment may not permit the receipt of Value taking into account such occupancy of residential premises rent free of the obligation to com- terms and conditions, restrictions by one of the parties. ply with Section 5321.04 of the Ohio and covenants as are deemed nec- (d) “Residential premises” means Revised Code. essary or appropriate. a dwelling unit for residential use (f) The landlord may agree to Section 5. That the conveyance and occupancy and the structure of assume responsibility for fulfilling authorized hereby shall be made by which it is a part, the facilities and any duty or obligation imposed on a official deed prepared by the Direc- appurtenances in it, and the tenant by Section 5321.05 of the Ohio tor of Law and executed by the grounds, areas, and facilities for the Revised Code, other than the oblig- Mayor on behalf of the City of use of tenants generally or the use ation specified in Division (A)(9) of Cleveland. The deed shall contain of which is promised the tenant. that Section. such provisions as may be necessary “Residential premises” do not (g) A landlord who knowingly to protect and benefit the public include any structures excluded includes a provision in a lease that interest. from the definition found in Section is prohibited by this Section shall be Section 6. That this ordinance is 5321.01 of the Ohio Revised Code. liable for damages in favor of the hereby declared to be an emergency (e) “Tenant” means a person enti- tenant in an amount of not less than measure and, provided it receives tled under a rental agreement to the Fifty Dollars ($50.00) and not more the affirmative vote of two-thirds of use and occupancy of residential than Five Hundred Dollars ($500.00) all the members elected to Council, premises to the exclusion of others. for each violation, together with rea- it shall take effect and be in force sonable attorneys’ fees. immediately upon its passage and Section 375.02 Terms of Rental approval by the Mayor; otherwise, it Agreements Section 375.04 Rent Receipt Re- shall take effect and be in force (a) A landlord and tenant may quired from and after the earliest period include in a rental agreement any Upon a tenant’s written request, allowed by law. terms and conditions, including the the landlord shall provide the ten- Passed July 18, 2001. term relating to rent, the duration ant with a signed receipt for the Awaiting the approval or disap- of an agreement, and any other pro- security deposit and all rental pay- proval of the Mayor. visions governing the rights and ments except for payments made by obligations of the parties that are personal check of the tenant, at the not inconsistent with or prohibited time the security deposit or rental by this Chapter, Chapter 5321 of the payments are made. The tenant may Ord. No. 1844-A-99 (As a substitute Ohio Revised Code, or any other rule make this request for a receipt, rel- for Ord. No. 1844-99). of law. ative to the security deposit and/or By Councilman Jackson (by de- (b) In the event that a landlord all rental payments, in one written partmental request). and tenant have a rental agreement request. A tenant may bring an An emergency ordinance to sup- for a duration of six (6) months or action for mandatory or injunctive plement the Codified Ordinances of more, and the rental agreement relief to secure compliance with this Cleveland, Ohio, 1976, by enacting includes a provision for automatic Section. new Chapter 375 relating to land- renewal, the automatic renewal pro- lords and tenants. vision must be set forth in clear, Section 375.05 Payment of Utilities Whereas, this ordinance consti- unambiguous language and must be (a) A landlord who is a party to tutes an emergency measure provid- printed on the rental agreement in a rental agreement shall pay for the ing for the usual daily operation of bold type that is at least twice the electric, gas, and water services for a municipal department; now, there- size of any other print on the page. the tenant’s dwelling unit unless: fore, (c) If a rental agreement includes (1) The applicable utility service Be it ordained by the Council of a provision that authorizes the land- is provided to the tenant’s dwel- the City of Cleveland: lord to assess the tenant a fee for ling unit through an individual Section 1. That the Codified Ordi- late payment of the monthly rent, meter or submeter that measures nances of Cleveland, Ohio, 1976, are the total amount of that late pay- usage only in the tenant’s dwelling hereby supplemented by enacting ment fee for any month may not unit; and new Chapter 375, to read as follows: exceed the larger of: (i) twenty-five (2) The rental agreement provides dollars ($25.00); or (ii) five percent that, with respect to the applicable Chapter 375 (5%) of the monthly contract rent. utility service, the tenant shall pay LANDLORDS AND TENANTS In addition, the total amount of that only for the cost of the utility ser- late payment fee for any month may vice that is provided through the Section 375.01 Definitions not exceed twenty-five percent individual meter or submeter during Section 375.02 Terms of Rental (25%) of the portion of the month- the tenancy; and Agreements ly contract rent that the tenant is (3) The rental agreement provides Section 375.03 Terms Barred from obligated to pay under the rental that the tenant shall have reason- Rental Agreements agreement. able access at all times to the indi- Section 375.04 Rent Receipt Re- vidual meter or submeter, for the quired Section 375.03 Terms Barred from purpose of reading the meter or sub- Section 375.05 Payment of Utilities Rental Agreements meter; and the landlord grants the Section 375.06 Unlawful Entry By (a) No provision of this Chapter tenant such access to the individual Landlord or Chapter 5321 of the Ohio Revised meter or submeter; and 1740 July 25, 2001 The City Record 75

(4) The provisions in the rental tion 5321.04 of the Ohio Revised mine whether the common areas agreement that implement this Sec- Code; have reasonable security measures tion are stated in clear and unam- (3) The tenant has joined with against criminal activity; biguous language. other tenants for the purpose of (ii) In conducting this analysis, negotiating or dealing collectively among other things, the Safety Section 375.06 Unlawful Entry Pro- with the landlord on any of the Director shall conduct a voluntary hibited terms and conditions of a rental survey of the tenants of the multi- (a) Except in the case of an emer- agreement. family structure or development gency or if it is impracticable to do (b) If a landlord acts in violation without recording the names of the so, a landlord shall give a tenant of Division (a) of this Section, the tenants; reasonable notice of his intent to tenant may: (iii) In conducting this analysis, enter the leased premises and enter (1) Use the retaliatory action of the Safety Director shall consider, only at reasonable times. Twenty- the landlord as a defense to an among other things, the statement four (24) hours is presumed to be action by the landlord to recover of reasons (if any) in the petition reasonable notice in the absence of possession of the premises; that requested the security audit, evidence to the contrary. (2) Recover possession of the the responses (if any) to the Safety (b) If a landlord makes an entry premises; or Director’s survey of the tenants, the in violation of Section (a) hereof, (3) Terminate the rental agree- number and type of service calls makes a lawful entry in an unrea- ment. that the City of Cleveland Police sonable manner, or makes repeated In addition, the tenant may recov- Department has received concerning demands for entry otherwise lawful er from the landlord, at the tenant’s the multifamily structure or devel- that have the effect of harassing the option, either any actual damages, opment, and the Safety Director’s tenant, the tenant may: together with reasonable attorneys’ inspection of the common areas of (1) At the tenant’s option, either fees, or damages of not less than the multifamily structure or devel- recover actual damages resulting Fifty Dollars ($50.00) nor more than opment; from the entry or demands, or recov- Five Hundred Dollars ($500.00), (iv) Based on this analysis, the er damages of an amount not less together with reasonable attorneys’ Safety Director shall determine and than Fifty Dollars ($50.00) nor more fees. specify the additional security mea- than Five Hundred Dollars (c) Nothing in Division (a) of this sures, if any, that the landlord shall ($500.00); Section shall prohibit a landlord be obligated to implement in the (2) Obtain injunctive relief to pre- from increasing the rent to reflect common areas of the multifamily vent the recurrence of the conduct; the cost of improvements installed structure or development to provide (3) Obtain a judgment for rea- by the landlord in or about the the common areas with reasonable sonable attorneys’ fees; premises or to reflect an increase in security measures against criminal (4) Terminate the rental agree- other costs of operation of the activity; ment. premises. (v) For each of these specified (d) Notwithstanding Divisions (a) additional security measures, the Section 375.07 Landlord Denied and (b) of this Section, a landlord Safety Director shall determine and Certain Remedies may bring an action under Chapter specify a reasonable time period (a) No landlord of residential 1923 of the Ohio Revised Code for within which the landlord shall premises shall initiate any act, possession of the premises if: implement it; including the termination of utilities (1) The tenant is in default in the (vi) These specified additional or services, exclusion from the payment of rent; security measures may include, premises, or threat of any unlawful (2) The violation of the applica- among other things, cameras, light- act against a tenant or a tenant ble building, housing, health, or ing, locks for windows or doors, ren- safety code that the tenant com- ovation of windows, doors, or whose right to possession has been plained of was primarily caused by entrance areas, crime reporting pro- terminated, for the purpose of recov- any act or lack of reasonable care cedures, and/or onsite security per- ering possession of residential by the tenant, or by any other per- sonnel for specified hours; and premises, other than as provided in son in the tenant’s household, or by (vii) The Safety Director shall Chapters 1923, 5303, and 5321 of the anyone on the premises with the prepare a written report that Ohio Revised Code. consent of the tenant; includes all of the Safety Director’s (b) No landlord of residential (3) Compliance with the applica- findings, determinations, and speci- premises shall seize the furnishings ble building, housing, health, or fications in the security audit. or possessions of a tenant, or of a safety code would require alteration, (c) The tenants of a multifamily tenant whose right to possession remodeling, or demolition of the structure or development may file a has terminated, for the purpose of premises which would effectively petition with the Safety Director recovering rent payments, other deprive the tenant of the use of the that requests a security audit of the than in accordance with an order by dwelling unit. multifamily structure or develop- a court of competent jurisdiction. (e) The maintenance of an action ment in which they reside. (c) A landlord who violates this by the landlord under Division (d) (1) The Safety Director shall pre- Section shall be liable in a civil of this Section does not prevent the pare, and distribute to tenants at no action for: at the tenant’s option, tenant from recovering damages for charge, a form that tenants may either all damages caused to the any violation by the landlord of the use, but are not required to use, for tenant or to the tenant whose right rental agreement or of Section the petition. to possession has been terminated, 5321.04 of the Ohio Revised Code. (2) In the petition, the tenants or damages of an amount not less shall sign their names, state their than Fifty Dollars ($50.00) nor more Section 375.09 Reasonable Security addresses, and state their request than Five Hundred Dollars Against Criminal Activity for a security audit of the multi- ($500.00); and the tenant’s reason- (a) This Section applies only to family structure or development in able attorneys’ fees. residential premises that are locat- which they reside. ed in a multifamily structure or a (3) In the petition, the tenants Section 375.08 Retaliation of Land- multifamily development. shall identify the name and address lord Prohibited; Relief (b) Definitions. of at least one tenant, and may iden- (a) Subject to Division (d) of this (1) “Multifamily structure” means tify the name and address of up to Section, a landlord may not retaliate a structure that contains thirty or five tenants, who shall receive ser- against a tenant by increasing the more dwelling units. vice of any documents that, under tenant’s rent, decreasing services (2) “Multifamily development” this Section, the Safety Director is that are due to the tenant, bringing means a tract of land or contiguous required to serve on the tenants. or threatening to bring an action for tracts of land on which there are (4) In the petition, the tenants possession of the tenant’s premises, thirty or more dwelling units of the may state with specificity, but are terminating or threatening to termi- same landlord. not required to state with specifici- nate the tenant’s rental agreement, (3) “Multifamily structure or ty, their reasons for requesting a or refusing to renew the tenant’s development” means a multifamily security audit. rental agreement or to continue the structure or a multifamily develop- (5) The petition shall be signed tenant’s tenancy because: ment. only by tenants of the multifamily (1) The tenant has complained to (4) “Safety Director” means the structure or development and only an appropriate governmental agency Safety Director of the City of Cleve- by one tenant per dwelling unit of of a violation of a building, housing, land or his/her designee. the multifamily structure or devel- health, or safety code that is applic- (5) “Security audit” means the pro- opment. The number of such ten- able to the premises, and the viola- cedure in which: ants who sign the petition must tion materially affects health and (i) The Safety Director shall con- equal at least ten percent of the safety; duct a full and thorough analysis of total number of dwelling units in (2) The tenant has complained to the common areas of a multifamily the multifamily structure or devel- the landlord of any violation of Sec- structure or development to deter- opment. 1741 76 The City Record July 25, 2001

(6) The tenants shall file the peti- a security audit of the multifamily py the dwelling unit after a speci- tion with the office of the Safety structure or development is not fied date. Director. At the time of the filing, appropriate, the Safety Director (b) If the tenant abandons the the office of the Safety Director shall not conduct a security audit of dwelling unit, the landlord may shall time and date stamp the orig- the multifamily structure or devel- send notice to the tenant at the ten- inal petition and the tenant’s copy opment. ant’s last-known address both by of the petition. (g) If the Safety Director deter- regular mail, postage prepaid, and (7) Within three days after the fil- mines in an initial assessment that by certified mail, return receipt ing of the petition, the tenants shall a security audit of the multifamily requested, stating that (i) the land- serve the landlord of the multifami- structure or development is appro- lord has reason to believe that the ly structure or development with a priate, within thirty days after the tenant has abandoned the dwelling copy of the petition by delivering or Safety Director serves the tenants unit, (ii) the landlord intends to mailing it to the address of the land- and the landlord with the initial reenter and take possession of the lord or to the place where their rent assessment, the Safety Director dwelling unit unless the tenant con- is normally paid. shall complete the security audit tacts the landlord within ten days (d) Within ten days after receiv- and shall serve the tenants and the of receipt of the notice, (iii) if the ing service of the petition, the land- landlord with a copy of the written tenant does not timely contact the lord shall provide the office of the report of the security audit. The landlord, the landlord intends to Safety Director with a written state- Safety Director shall serve the ten- remove any possessions and person- ment of the landlord’s name and ants and the landlord with a copy al effects remaining in the dwelling address, for the purpose of receiving of the written report of the security unit and to re-rent the premises, and documents that, under this Section, audit by delivering or mailing it to (iv) if the tenant does not reclaim the Safety Director is required to their respective addresses. such possessions and personal serve on the landlord. If the land- (h) If the Safety Director deter- effects within thirty days after the lord fails to provide the office of the mines in a security audit that the notice, the landlord will dispose of Safety Director with that informa- landlord is obligated to implement them as permitted by this Section. tion in a timely manner, the Safety additional security measures in the The notice shall be in clear and sim- Director shall make reasonable common areas of the multifamily ple language and shall include a efforts to identify an appropriate structure or development, the land- telephone number and a mailing name and address for the landlord lord is obligated to implement those address at which the landlord can and, based on those efforts, shall security measures within the rea- be contacted. If the notice is determine the name and address to sonable time period(s) specified in returned as undeliverable, or the be used for such service. the security audit. tenant fails to contact the landlord (e) Within ten days after the fil- (i) The landlord’s obligation within ten days of the receipt of the ing of the petition with the office of under this Section and the security notice, the landlord may reenter and the Safety Director, the Safety audit to implement the security mea- take possession of the dwelling unit, Director shall make an initial sures specified in the security audit, at which time any rental agreement assessment, in writing, as to within the reasonable time period(s) or lease still in effect shall be whether a security audit of the mul- specified in the security audit, is an deemed to be terminated. tifamily structure or development is implied term of any rental agree- (c) The landlord shall not be appropriate and shall serve the ten- ment for any dwelling unit in the required to serve a notice to vacate ants and the landlord with a copy multifamily structure or develop- as provided in Section 1923.04 of the of the initial assessment. ment. If the landlord breaches that Ohio Revised Code or to bring a (1) In the initial assessment, the implied term of a rental agreement, forcibly entry and detainer action as Safety Director shall find that a it constitutes a breach of an oblig- provided in Chapter 1923 of the Ohio security audit of the multifamily ation imposed upon the landlord by Revised Code to obtain possession or structure or development is appro- the rental agreement, for the pur- occupancy of a dwelling unit that, priate if the requirements in this poses of Section 5321.07(A) of the according to the provisions of this Section for filing a petition are met and one or more of the following cri- Ohio Revised Code. Section, the tenant has abandoned. teria are met: (i) during the thirty (j) The tenants of a multifamily Nothing in this Section shall relieve day period preceding the filing of structure or development may not a landlord from complying with the the petition, the City of Cleveland file a petition pursuant to this Sec- provisions of Chapters 1923 and 5321 Police Department has received fif- tion if, relative to the same multi- of the Ohio Revised Code, if the teen or more service calls concern- family structure or development, a landlord knows, or reasonably ing the multifamily structure or petition has been filed and served should know, that the tenant has development; (ii) within ten days properly pursuant to this Section not abandoned the dwelling unit. after the filing of the petition, the within the preceding 12 months. (d) The landlord shall inventory City of Cleveland Councilmember of (k) If the landlord requests the any possessions and personal effects the ward in which the multifamily Safety Director to inspect the mul- of the tenant that are in the structure or development is located tifamily structure or development to dwelling unit and shall remove and advises the Safety Director, in writ- determine whether the landlord has keep them for not less than thirty ing, that a security audit of the mul- implemented the landlord’s obliga- days. The tenant may reclaim such tifamily structure or development is tions under the security audit, with- possessions and personal effects appropriate; or (iii) there is any in thirty days of the request, the from the landlord within that thir- other reasonable basis for conclud- Safety Director shall make that ty-day period. If the tenant does not ing that, if a security audit is con- determination, in writing, and shall reclaim such possessions and per- ducted, there is a reasonable possi- serve the tenants and the landlord sonal effects by the end of that thir- bility that the Safety Director will with a copy of that determination. ty-day period, the landlord may dis- specify additional security measures The Safety Director shall serve the pose of them as the landlord deems that the landlord will be obligated tenants and the landlord with a appropriate. to implement in the common areas copy of that determination by deliv- (e) No action shall be brought of the multifamily structure or ering or mailing it to their respec- under Section 5321.15 of the Ohio development. tive addresses. Revised Code against a landlord (2) In determining whether any who takes action in compliance with such reasonable basis exists, the Section 375.10 Abandonment of the provisions of this Section. Safety Director shall consider, Dwelling Unit by Tenant; Landlord among other things, the statement Remedies Section 375.11 Severability of reasons (if any) in the petition (a) For the purposes of this Sec- If any provision or clause of this that requested the security audit, tion, “abandonment” means the ten- Chapter or its application to any the number and type of service calls ant has vacated the dwelling unit person or in any circumstances is that the City of Cleveland Police without notice to the landlord and held invalid, such invalidity shall Department has received concerning does not intend to return, which not affect other provisions or appli- the multifamily structure or devel- intention may be evidenced by the cations of this Chapter that can be opment, and the Safety Director’s combination of the tenant’s removal given effect without the invalid pro- preliminary inspection of the com- of substantially all of the tenant’s vision or application, and to this end mon areas of the multifamily struc- possessions and personal effects the provisions of this Chapter shall ture or development. from the dwelling unit plus one of be severable. (3) The Safety Director shall the following: (i) nonpayment of Section 2. That this ordinance is serve the tenants and the landlord rent for at least two months, (ii) ter- hereby declared to be an emergency with a copy of the initial assess- mination of the utilities to the meaure and, provided it receives the ment by delivering or mailing it to dwelling unit at the request of the affirmative vote of two-thirds of all their respective addresses. tenant, or (iii) an express statement the members elected to Council, it (f) If the Safety Director deter- by the tenant to the landlord that shall take effect and be in force mines in an initial assessment that the tenant does not intend to occu- immediately upon its passage and 1742 July 25, 2001 The City Record 77 approval by the Mayor; otherwise it Section 5. That the cost of said join the Common Area Maintenance shall take effect and be in force improvement and services hereby Agreement (“CAM”) for the North from and after the earliest period authorized shall be paid from Fund Coast Harbor; and allowed by law. Nos. 60 SF 001, 60 SF 104, 60 SF 105, Whereas, certain modifications to Passed July 18, 2001. 60 SF 106, and from any funds or the hereindescribed Pufferbelly, Awaiting the approval or disap- subfunds to which are credited any Ltd., Inc., U.S. Department of the proval of the Mayor. federal grants or federal PFC autho- Navy, and APCOA, Inc. agreements rization, for the above project and are necessary to achieve satisfac- the proceeds from the sale of any tion of all parties; and airport revenue bonds issued for a Whereas, the City will be required Ord. No. 912-2000. purpose which includes the above to enter into a submerged land lease By Councilmen Dolan, Cimperman project, Request Nos. 8273 and 8279. with the State of Ohio regarding the and Patmon (by departmental re- Section 6. That this ordinance is submerged land connected to the quest). hereby declared to be an emergency Land, so that the submerged land An emergency ordinance deter- measure and, provided it receives can be subleased to Western mining the method of making the the affirmative vote of two-thirds of Reserve; and public improvement of constructing all the members elected to Council, Whereas, Western Reserve has an employee parking lot and relat- it shall take effect and be in force requested the Director of Port Con- ed facilities at the Riveredge site; immediately upon its passage and trol to convey certain easement authorizing the Director of Port approval by the Mayor; otherwise it rights in property located on Burke Control to enter into contract for the shall take effect and be in force Lakefront Airport; and making of such improvement; and from and after the earliest period Whereas, the easement rights to authorizing said director to employ allowed by law. be granted are no longer needed for one or more professional consultants Passed July 18, 2001. public use; and to design the improvement. Awaiting the approval or disap- Whereas, in order to lease the Whereas, this ordinance consti- proval of the Mayor. Land to Western Reserve and to tutes an emergency measure provid- convey the easement, the City must ing for the usual daily operation of apply to the bond trustee for a a municipal department; now, there- release of the Land and release of fore, Ord. No. 1760-2000. the land the subject of the easement Be it ordained by the Council of By Mayor White, Councilmen from the Airport System for purpos- the City of Cleveland: Rybka, Cimperman and Patmon (by es of the Trust Indenture; and Section 1. That, pursuant to Sec- departmental request). Whereas, this ordinance consti- tion 167 of the Charter of the City An emergency ordinance authoriz- tutes an emergency measure provid- of Cleveland, it is hereby deter- ing the Mayor and the Director of ing for the usual daily operation of mined to make the public improve- Port Control to enter into a Lease a municipal department; now, there- ment of constructing an employee with the Western Reserve Historical fore, parking lot and related facilities, Society, or their designees, for lease Be it ordained by the Council of for the Division of Cleveland Hop- of certain property rights in and to the City of Cleveland: kins International Airport, Depart- property located at Burke Lakefront Section 1. That notwithstanding ment of Port Control, by contract Airport upon which to construct a and as an exception to the provi- duly let to the lowest responsible Museum of Transportation and sions of Chapters 181 and 183 of the bidder after competitive bidding Industry; authorizing the Director of Codified Ordinances of Cleveland, upon a unit basis for the improve- Port Control to execute an easement Ohio, 1976, and in conformity with ment. granting the Western Reserve His- Charter Section 45 the Mayor and torical Society certain easement Section 2. That the Director of the Director of Port Control are rights in property located at Burke Port Control is hereby authorized to authorized, conditioned upon the fil- enter into contract for the making Lakefront Airport and declaring ing of written statements of satis- said easement rights no longer need- of the above public improvement faction in the office of the Director ed for public use; authorizing an with the lowest responsible bidder of Economic Development, the office amendment to the Common Area after competitive bidding upon a of the Director of Port Control, and unit basis for the improvement pro- Maintenance Agreement for the North Coast Harbor; authorizing the the office of the Clerk of Council by vided however, that each separate APCOA, Inc., Pufferbelly, Ltd., Inc., trade and each distinct component appropriate City officials to enter and the operators of the USS COD part of said improvement may be into a Submerged Land Lease with submarine, to enter into a Lease treated as a separate improvement, the State of Ohio to obtain certain and each, or any combination, of property rights in and to submerged (“Lease”) with The Western such trades or components may be land at Burke Lakefront Airport; Reserve Historical Society, or its the subject of a separate contract authorizing the sublease of the Sub- designee, (“Lessee”) regarding the upon a unit basis. merged Land; and proferring certain Land on which Lessee plans to con- Section 3. That the Director of representations for purposes of the struct a Museum which is deter- Port Control is hereby authorized to Trust Indenture from the City of mined to be not needed for public employ by contract one or more con- Cleveland to the Chase Manhattan use for the term of the lease and sultants or one or more firms of con- Trust Company, National Associa- which is described as follows: sultants for the purpose of supple- tion as successor trustee and autho- menting the regularly employed rizing the Director of Port Control Leased Premises staff of the several departments of to apply to the bond trustee for land the City of Cleveland in order to pro- release. Situated in the City of Cleveland, vide professional services necessary Whereas, the City of Cleveland County of Cuyahoga and State of design the public improvement owns certain property located at Ohio and known as being a lease authorized above. Burke Lakefront Airport (“Land”), area over and through part of the The selection of said consultants which is not needed for public use; land conveyed to the City of Cleve- for such services shall be made by and land, and is further bounded and the Board of Control upon the nom- Whereas, The Western Reserve described as follows: ination of the Director of Port Con- Historical Society (“Western Re- Beginning at an iron pin monu- trol from a list of qualified consul- serve”), or its designee, has pro- ment at the intersection of the cen- tants available for such employment posed to lease said property from terline of East 9th Street, 99 feet in as may be determined after a full the City to construct a Museum of width, and the centerline of Lake- and complete canvass by the Direc- Transportation and Industry (“Muse- side Avenue 99 feet in width; tor of Port Control for the purpose um”); and Thence North 33° 53' 08" West, of compiling such a list. The com- Whereas, it is the City’s desire along said centerline of East 9th pensation to be paid for such ser- that the Western Reserve lease not Street, 1215.05 feet to the intersec- vices shall be fixed by the Board of negatively impact the City’s Lease tion of said East 9th Street and the Control. The contract herein autho- By Way of Concession with Puffer- centerline of North Marginal Road; rized shall be prepared by the Direc- belly Ltd., Inc. for the Hornblowers Thence North 55° 23' 25" East, tor of Law, approved by the Direc- Restaurant, the City’s Lease with along said centerline of North Mar- tor of Port Control, and certified by the U.S. Department of the Navy for ginal Road 299.44 feet to an angle the Director of Finance. berthing of the USS COD or the point; Section 4. That the design for the City’s Lease By Way of Concession Thence North 63° 12' 00" East, public improvement shall be pre- with APCOA, Inc. for operation of continuing along said centerline of sented to the Aviation & Trans- the Burke Lakefront Airport park- North Marginal Road 565.30 feet to portation Committee of Council ing lot; and a point; before the Director of Port Control Whereas, location of Western Thence North 26° 48' 00" West, may enter into contract of the mak- Reserve at the North Coast Harbor perpendicular to said centerline of ing for the public improvement. will require that Western Reserve North Marginal Road, 52.00 feet to 1743 78 The City Record July 25, 2001 the principal place of beginning of The Western Reserve Historical Thence North 63° 12' 00" East, parcel herein described; Society or its designee, and sub- continuing along said centerline of Thence North 64° 03' 17" West, lessors of the same, if any, shall not North Marginal Road 396.68 feet to 93.07 feet to a point; impair the rights of employees to a point; Thence North 25° 56' 43" East, unionize pursuant to applicable fed- Thence North 26° 48' 00" West, 327.59 feet to a point; eral or state law. perpendicular to said centerline of Thence North 57° 51' 35" East, Section 3. That the Mayor or the North Marginal Road, 12.00 feet to 326.87 feet to a point; Director of Parks, Recreation and the principal place of beginning of Thence South 32° 12' 46" East, Properties and the Director of Law, parcel herein described; 300.22 feet to a point; and other appropriate City officials Thence North 16° 45' 46" West, Thence Westerly 130.51 feet along are authorized to amend the CAM 118.06 feet to a point; the arc of a curve deflecting to the for the North Coast Harbor and Thence North 52° 37' 38" East, right, the radius of which is 2167.80 include Western Reserve as an addi- 38.40 feet to a point; feet and the chord of which bears tional CAM participant. Thence North 25° 56' 43" East, South 61° 28' 30" West and is 130.49 Section 4. That the Mayor, the 323.28 to a point; feet in length to the point of tan- Director of Port Control and the Thence North 44° 03' 45" West, gency of the following course; Director of Law and other appropri- 28.70 feet to a point; Thence South 63° 12' 00" West, ate City officials are authorized to Thence North 57° 51' 35" East, 427.74 feet returning to the principal enter into a Submerged Land Lease 514.28 feet to a point; point of beginning, and containing with the State of Ohio to obtain cer- Thence South 32° 12' 46" East, 3.234 acres of land as calculated and tain property rights in and to sub- 50.00 feet to a point; described in June 2001 by Mark merged land at Burke Lakefront Thence South 57° 51' 35" West, 50.00 feet to a point; Ward, Ohio Professional Surveyor Airport and to sublease the sub- Number S-7514 of Resource Interna- Thence South 32° 12' 46" East, merged land to Western Reserve. 280.75 feet to a point; tional Inc. Bearings are based on Section 5. That the Director of centerline of East 9th Street being Thence North 57° 51' 35" East, Port Control is authorized to amend 50.00 feet to a point; North 33° 53' 08" West as shown on the Lease By Way of Concession the plan for North Marginal Road, Thence South 32° 12' 46" East, between the City and APCOA, Inc., 50.00 feet to a point; dated April 24, 1961. City Contract No. 48824 to reduce the Section 2. That the Lease shall be Thence Westerly 259.32 feet along number of parking spaces subject to the arc of a curve deflecting to the prepared by the Director of Law and the Agreement. shall be substantially in the form right, the radius of which is 2207.80 Section 6. That the Director of feet and the chord of which bears contained in File No. 1760-2000-C. Port Control is authorized to amend The Lease Agreement between the South 59° 50' 06" West and is 259.16 the Lease By Way of Concession feet in length to the point of tan- City of Cleveland and Western between the City and Pufferbelly, Reserve Historical Society shall con- gency of the following course; Ltd., Inc., City Contract No. 44437 to Thence South 63° 12' 00" West, tain the following: achieve a relocation of the restau- The City may terminate the Lease 596.36 feet to the principal point of rant’s parking area to a new site prior to the end of the initial term beginning, and containing 5.542 east of the restaurant. by written notice to Lessee if con- acres of land as calculated and Section 7. That the Director of struction of the museum does not described in June 2001 by Mark commence by December 31, 2003 or Port Control is authorized to enter Ward, Ohio Professional Surveyor the museum does not open by into a lease for a ten (10) year term Number S-7514 of Resource Interna- December 31, 2005. with the U.S. Department of the tional Inc. A reduced entry fee of fifty (50%) Navy for parking and facilities gen- Bearings are based on centerline of East 9th Street being North 33° percent off the student rate will be erally located east of and adjacent 53' 08" West, as shown on the plan charged to children attending school to Lease Lot 10, an area containing for North Marginal Road, dated within the Cleveland Municipal approximately 52,231 square feet and referred to as Lease Lot 9, to April 24, 1961; School District. Excepting therefrom Lease A, The site plan and specifications of the extent such use is not inconsis- tent with the rights granted to the being 3.234 acres for the purpose of the building and surrounding out- the Crawford Museum Building, and door walkways located to the North Western Reserve Historical Society, in Sections 1 and 8 herein, to be further described as follows: and to the Northwest of the muse- Situated in the City of Cleveland, um will be at least ten (10') feet in used by the U.S. Department of the Navy for parking and for the USS County of Cuyahoga, and State of width along the entire length of the Ohio, and known as being a lease pedestrian walkway. COD submarine museum, provided that the City may terminate the area over and through part of the The design of the museum shall land conveyed to the City of Cleve- incorporate ten percent (10%) more lease agreement upon one (1) year’s written notice in the event the City land, and is further bounded and glass on the North and Northwest described as follows: surface areas of the museum than determines that Lease Lot 9 is need- ed for airport, governmental or Beginning at an iron pin monu- was incorporated in the original ment at the intersection of the cen- other public purposes. design presented to the City Plan- terline of East 9th Street, 99 feet in ning Commission on November 3, Section 8. That notwithstanding width, and the centerline of Lake- 2000. and as an exception to the provi- side Avenue 99 feet in width; The Western Reserve Historical sions of Chapters 181 and 183 of the Thence North 33° 53' 08" West, Society or its designee shall not Codified Ordinances of Cleveland, along said centerline of East 9th apply for Federal Transportation Ohio, 1976, it is hereby found and Street, 1215.05 feet to the intersec- Enhancement Activity Program dol- determined that an easement inter- tion of said East 9th Street and the lars that are distributed by the est in the following described prop- centerline of North Marginal Road; North East Ohio Area Wide Coordi- erty is no longer needed for public Thence North 55° 23' 25" East, nating Agency without the prior use: along said centerline of North Mar- authorization of City Council. ginal Road 299.44 feet to an angle The term of the lease shall not be Easement Area B point; amended without City Council Situated in the City of Cleveland, Thence North 63° 12' 00" East, authorization. County of Cuyahoga, and State of continuing along said centerline of The Western Reserve Historical Ohio and known as being a lease North Marginal Road 565.30 feet to Society or its designee shall not sub- area over and through part of the a point; let or assign the lease without the land conveyed to the City of Cleve- Thence North 26° 48' 00" West, authorization of City Council, except land, and is further bounded and perpendicular to said centerline of as expressly authorized in the Lease described as follows: North Marginal Road, 52.00 feet to Agreement. Beginning at an iron pin monu- the principal place of beginning of If in any Lease Year, the Lessee’s ment at the intersection of the cen- parcel herein described; Rent Credit under the Lease is terline of East 9th Street, 99 feet in Thence North 64° 03' 17" West, greater than Lessee’s Base Rent, width, and the centerline of Lake- 93.07 feet to a point; then the Base Rent for the Year side Avenue 99 feet in width; Thence North 25° 56' 43" East, shall be zero and, in no event, shall Thence North 33° 53' 08" West, 327.59 feet to a point; application of the Rent Credit along said centerline of East 9th Thence North 57° 51' 35" East, require the City to refund or pay Street, 1215.05 feet to the intersec- 326.87 feet to a point; any amount to Lessee. tion of said East 9th Street and the Thence South 32° 12' 46" East, In connection with construction of centerline of North Marginal Road; 300.22 feet to a point; the Museum, Lessee shall use good Thence North 55° 23' 25" East, Thence Westerly 130.51 feet along faith efforts to comply with the along said centerline of North Mar- the arc of a curve deflecting to the State of Ohio prevailing wage ginal Road 299.44 feet to an angle right, the radius of which is 2167.80 requirements. point; feet and the chord of which bears 1744 July 25, 2001 The City Record 79

South 61° 28' 30" West and is 130.49 sary in order to serve the public pur- sions of Chapters 181 and 183 of the feet in length to the point of tan- pose of an educational resource for Codified Ordinances of Cleveland, gency of the following course; Museum uses, including school chil- Ohio, 1976, it is hereby found and Thence South 63° 12' 00" West, dren, the general public and schol- determined that easement interests 427.74 feet returning to the principal ars and that certain public improve- in the following described property place of beginning, and containing ments will be constructed on the are no longer needed for public use: 3.234 acres of land as calculated and land to be released, including pub- described in June 2001 by Mark lic roads and public utilities. The Easement from City of Cleveland Ward, Ohio Professional Surveyor land to be released is described in to East Ohio Gas Number S-7514 of Resource Interna- Sections 1 and 5 of this ordinance. tional Inc. Bearings are based on Section 14. That the Director of Situated in the City of Cleveland, centerline of East 9th Street being Port Control and the Director of County of Cuyahoga and State of North 33° 53' 08" West as shown on Law are authorized to apply to the Ohio and known as being part of the plan for North Marginal Road, Chase Manhattan Trust Company Original Rockport Township Section dated April 24, 1961. National Association, as successor No. 4. Section 9. That the easement shall trustee, for release of the land Starting at the intersection of the be non-exclusive and the purpose of described in Section 1 and release of centerlines of existing Brookpark the easement shall be for (a) con- the interests in land described in Road (a.k.a. State Route 17), 100.00 struction, repair, replacement, main- Section 5; pursuant to the Trust feet wide, and existing Old Grayton tenance and utilization of all utili- Indenture, dated November 1, 1976, Road, 60.00 feet wide; ties and utility facilities serving the as amended. Thence North 37° 43' 44" East Land and/or necessary for the prop- Section 15. That the City shall along the said centerline of existing er operation of the Museum (e.g., obtain the necessary land release Old Grayton Road, 269.20 feet to a water, gas, electric, telephone, cable, approval from the Federal Aviation point at its intersection with the fiber optic, sanitary and storm Administration by December 1, 2001. centerline of proposed Relocated Old sewer); (b) construction, repair, In the event that such approval is Grayton Road; replacement, maintenance and uti- not obtained by December 1, 2001, Thence Southeasterly along the lization of all driveways, curbs, side- the Director of Port Control shall said centerline of proposed Relocat- walks, traffic islands, turnarounds, request that City Council amend the ed Old Grayton Road by a curve to loading docks, signs, landscaping, December 1, 2001 date to a more the left, an arc distance of 6.91 feet, patios and adjacent areas for tem- appropriate date. said arc having a radius of 380.00 porary artifacts; and (c) minor Section 16. That the Director of feet and a chord which bears South encroachments of the Museum Port Control and the Director of 19° 24' 14" East, 6.91 feet; beyond the boundary of the Land Law, and other appropriate City offi- Thence South 19° 55' 30" East (including, without limitation, the cials, are authorized to execute such along the said centerline of pro- canopies, overhangs, underground other documents and certificates, posed Relocated Old Grayton Road, footings, foundations and caissons and take such other actions as may 15.90 feet; of the Museum) and other related be necessary or appropriate to effect Thence North 70° 04' 30" East, items necessary for the provision of the Lease, CAM Amendment, Sub- 30.00 feet to a point in the Easterly Western Reserve’s (“Grantee”) merged Land Lease and Sublease, line of proposed Relocated Old Improvement. Easement, Releases from the Trust Grayton Road, at the Principal Section 10. That by and at the Indenture authorized by this ordi- Place of Beginning of the easement direction of the Board of Control, nance. herein intended to be described; the Commissioner of Purchases and Section 17. That this ordinance is Thence continuing North 70° 04' Supplies is authorized to convey the hereby declared to be an emergency 30" East, 10.00 feet; above described (non-exclusive) measure and provided it receives the Thence South 19° 55' 30" East, easement interest to Grantee. affirmative vote of two-thirds of all 10.00 feet; Section 11. That the duration of the members elected to Council, it Thence South 70° 04' 30" West, the easement shall be until expira- shall take effect and be in force 10.00 feet to a point in the said tion of the lease authorized herein; immediately upon its passage and Easterly line of proposed Relocated that the easement may include rea- approval by the Mayor; otherwise, it Old Grayton Road; sonable access, ingress and egress shall take effect and be in force Thence North 19° 55' 30" West rights; that the easement shall not from and after the earliest period along the said Easterly line of pro- be assignable without the consent of allowed by law. posed Relocated Old Grayton Road, the Director; that the easement shall Passed July 18, 2001. 10.00 feet to the Principal Place of require the Grantee to indemnify the Awaiting the approval or disap- Beginning and containing 0.0023 City, provide reasonable insurance, proval of the Mayor. acres of land as described on Sep- maintain any Grantee improvements tember 21, 2000 by R.M. Kole & located within the easement, and Assoc., Inc., Professional Land Sur- pay any applicable taxes and assess- veyors. ments. Ord. No. 1962-2000. Section 2. That the easement shall Section 12. That the conveyance By Mayor White. be non-exclusive and the purpose of referred to above shall be made by An emergency ordinance authoriz- the easement shall be to construct Official Deed of Easement prepared ing the Director of Port Control to and maintain a regulator on prop- by the Director of Law and execut- execute an easement granting to erty along the relocated Old Gray- ed by the Director of Port Control East Ohio Gas certain easement ton Road. on behalf of the City of Cleveland. rights in property located at Old Section 3. That by and at the The Deed of Easement shall contain Grayton Road and declaring said direction of the Board of Control, such additional terms and conditions easement rights no longer needed the Commissioner of Purchases and as are required to protect the inter- for public use; proffering certain Supplies is authorized to convey the est of the parties. The Directors of representations for purposes of the above-described, non-exclusive, ease- Port Control and Law are authorized Trust Indenture from the City of ment interests to East Ohio Gas at to execute such other documents, Cleveland to the Chase Manhattan a price not less than fair market including without limitation, con- Trust Company, National Associa- value as determined by the Board of tracts for right of entry, as may be tion, as successor trustee and autho- Control. necessary to effect the construction rizing the Director of Port Control Section 4. That the duration of the of the improvement. to apply to the bond trustee for land easement shall be determined by the Section 13. That the City acknowl- release. Board of Control; that the easement edges, states and affirms, pursuant Whereas, East Ohio Gas has shall include reasonable right of to Article IX of the Trust Indenture requested the Director of Port Con- entry rights to the City; that the from the City of Cleveland to the trol to convey easement rights in easement shall be assignable only Chase Manhattan Trust Company, property located at Old Grayton upon the prior approval of the Cleve- National Association, as successor Road; and land City Council; that the easement trustee, dated November 1, 1976, as Whereas, the easement rights to shall require the grantee to indem- amended (“Trust Indenture”), that be granted are no longer needed for nify the City, provide reasonable the City desires and requests that a public use; and insurance, maintain any grantee certain portion of its land and cer- Whereas, this ordinance consti- improvements located within the tain other interests in land hereto- tutes an emergency measure provid- easement, including, appropriate fore subject to the Trust Indenture ing for the usual daily operation of landscaping around each improve- be released and removed from all a municipal department; now, there- ment in order to conceal such obligations under said Trust Inden- fore, improvement, and pay any applica- ture. Further, the City acknowl- Be it ordained by the Council of ble taxes and assessments. edges, states and affirms that it is the City of Cleveland: Section 5. That the conveyance not in default under said Indenture; Section 1. That, notwithstanding shall be made by Official Deed of that release of such land is neces- and as an exception to the provi- Easement prepared by the Director 1745 80 The City Record July 25, 2001 of Law and executed by the Direc- derived from or associated with the are no longer needed for public tor of Port Control on behalf of the Cleveland Browns Stadium are to be u s e : City of Cleveland. The Deed of Ease- deposited and from which expenses ment shall contain such additional associated with the Cleveland Easement to terms and conditions as are required Browns Stadium are to be paid, with East Ohio Gas Company to protect the interests of the par- such fund to be accounted for sepa- Situated in the City of Cleveland, ties. The Directors of Port Control rately, by the Director of the County of Cuyahoga and State of and Law are authorized to execute Department of Finance; and Ohio and known as being part of such other documents, including Whereas, this ordinance consti- Original Middleburg Township Lot without limitation, contracts for tutes an emergency measure provid- Nos. 5 and 6. right of entry, as may be necessary ing for the usual daily operation of Starting at the intersection of the to effect the construction of a regu- a municipal department; now, there- centerline of Old Grayton Road, lator on property along the relocat- fore 60.00 feet wide and the centerline of ed Old Grayton Road. Be it ordained by the Council of Brookpark Road, 100.00 feet wide as Section 6. That the City acknowl- the City of Cleveland: shown by Airport Survey recorded in edges, states and affirms, pursuant Section 1. That the Codified Ordi- Volume 246, Page 71-75 of Cuyahoga to Article IX of the Trust Indenture nances of Cleveland, Ohio, 1976, are County Map Records; from the City of Cleveland to the hereby supplemented by enacting Thence South 00° 13' 44" West Chase Manhattan Trust Company, new Section 133.171 thereof, to read and perpendicular to said centerline National Association, as successor as follows: of Brookpark Road, 50.00 feet to a trustee, dated November 1, 1976, as point in the Southerly line of said amended (the “Indenture”), that the Section 133.171 Accounting for Brookpark Road; City desires and requests that cer- Cleveland Browns Stadium Thence North 89° 46' 16" West tain portions of its land heretofore Notwithstanding any Codified along said Southerly line, 1115.28 subject to the Indenture be released Ordinances of Cleveland, Ohio, 1976 feet to a point in the Westerly line and removed from all obligations to the contrary, all revenues derived of land conveyed to the City of under said Indenture. Further, the from Cleveland Browns Stadium Cleveland Municipal Airport in deed City acknowledges, states and received by the City of Cleveland recorded in Volume 9037, Page 245 affirms that it is not in default shall be deposited into a separate of Cuyahoga County Deed Records; under said Indenture; that release of fund created by the Department of Thence South 66° 59' 29" West such land is necessary in order to Finance solely for the purpose of along the Westerly line of land so serve the public purpose of provid- accounting for all expenses and rev- conveyed, 485.11 feet to an angle ing public utilities; and that certain enues associated with Cleveland point therein; public improvements will be con- Browns Stadium and all expenses to Thence South 43° 39' 20" West structed on the land to be released, be paid by the City of Cleveland for along said Westerly line of land so including public utilities. the operation or maintenance of conveyed 199.99 feet to the Principal Section 7. That the Director of Cleveland Browns Stadium shall be Place of Beginning of the easement Port Control is authorized to apply paid from that separate fund. herein intended to be described; Section 2. That this ordinance is to the Chase Manhattan Trust Com- Thence South 42° 54' 13" East, hereby declared to be an emergency pany, National Association, as suc- 40.72 feet; cessor trustee, for release of the measure and provided it receives the Thence South 48° 05' 10" West, land described in Section 1, pursuant affirmative vote of two-thirds of all the members elected to Council, it 118.77 feet; to the Indenture. Thence South 49° 23' 43" West, Section 8. That this ordinance is shall take effect and be in force 37.50 feet; hereby declared to be an emergency immediately upon its passage and Thence South 44° 35' 12" West, measure and, provided it receives approval by the Mayor; otherwise, it the affirmative vote of two-thirds of shall take effect and be in force 30.75 feet; all the members elected to Council, from and after the earliest period Thence South 41° 20' 16" West, it shall take effect and be in force allowed by law. 13.72 feet; immediately upon its passage and Passed July 18, 2001. Thence South 36° 49' 45" West, approval by the Mayor; otherwise it Awaiting the approval or disap- 347.69 feet; shall take effect and be in force proval of the Mayor. Thence South 27° 36' 50" West, from and after the earliest period 32.64 feet; allowed by law. Thence South 69° 41' 36" East, Passed July 18, 2001. 15.75 feet; Awaiting the approval or disap- Ord. No. 2016-2000. Thence North 22° 09' 21" East, proval of the Mayor. By Mayor White. 2.50 feet; An emergency ordinance authoriz- Thence South 67° 50' 39" East, ing the Director of Port Control to 10.00 feet; execute an easement granting to Thence South 22° 09' 21" West, Ord. No. 1970-2000. East Ohio Gas certain easement 10.00 feet; By Councilmen Polensek and Pat- rights in property located at the Thence North 67° 50' 39" West, mon. West Hangar Road and declaring 10.00 feet; An emergency ordinance to sup- said easement rights no longer need- Thence North 22° 09' 21" East, plement the Codified Ordinances of ed for public use; proffering certain 2.50 feet; Cleveland, Ohio, 1976, by enacting representations for purposes of the Thence North 69° 41' 36" West, new Section 133.171, concerning an Trust Indenture from the City of 16.23 feet; accounting treatment for Cleveland Cleveland to the Chase Manhattan Thence South 27° 36' 50" West, Browns Stadium. Trust Company, National Associa- 154.82 feet; Whereas, the Cleveland Browns tion, as successor trustee and autho- Thence South 37° 58' 00" West, Stadium opened in 1999 after incur- rizing the Director of Port Control 564.88 feet; ring severe cost overruns for its con- to apply to the bond trustee for land Thence North 52° 02' 00" West, struction; and release. 5.00 feet; Whereas, in its audit findings for Whereas, East Ohio Gas has Thence North 37° 58' 00" East, 1999, PricewaterhouseCoopers noted requested the Director of Port Con- 564.43 feet; that during its construction, the trol to convey easement rights in Thence North 27° 36' 50" East, Department of Finance accounted property located at the West 192.45 feet; for the activity of the new stadium Hangar Road; and Thence North 36° 49' 45" East, within a capital projects fund and Whereas, the easement rights to 348.29 feet; recorded the asset within the fixed be granted are no longer needed for Thence North 41° 20' 16" East, asset account group; and public use; and 14.06 feet; Whereas, PricewaterhouseCoopers Whereas, this ordinance consti- Thence North 44° 35' 12" East, recommended in its audit findings tutes an emergency measure provid- 31.10 feet; that the City select an accounting ing for the usual daily operation of Thence North 49° 23' 43" East, system for the stadium and noted a municipal department; now, there- 37.65 feet; that the City could record all rev- fore, Thence North 48° 05' 10" East, enues and expenses associated with Be it ordained by the Council of 113.63 feet; the stadium in a separate fund of the City of Cleveland: Thence North 42° 54' 13" West, the City; and Section 1. That, notwithstanding 35.34 feet to a point in said Wester- Whereas, this Council of the City and as an exception to the provi- ly line of land so conveyed; of Cleveland, in concurring with the sions of Chapters 181 and 183 of the Thence North 43° 39' 20" East recommendation of Pricewater- Codified Ordinances of Cleveland, along said Westerly line, 5.01 feet to houseCoopers, seeks to establish Ohio, 1976, it is hereby found and the Principal Place of Beginning within the City of Cleveland a sep- determined that easement interests and containing 0.1581 acres of land arate fund into which all revenues in the following described property as described on September 27, 2000 1746 July 25, 2001 The City Record 81 by R.M. Kole & Assoc., Inc., Profes- Ord. No. 2089-2000. The description is based on a sur- sional Land Surveyors. By Mayor White. vey for City of Cleveland, Depart- Section 2. That the easement shall An emergency ordinance authoriz- ment of Port Control prepared by be non-exclusive and the purpose of ing the Director of Port Control to Mark A. Yeager, P.S., Registered the easement shall be to construct execute an easement granting to Surveyor No. 7289. and maintain a gas line in connec- The Northeast Ohio Regional Sewer Section 2. That the easement shall tion with the West Hangar Road District certain easement rights in be non-exclusive and the purpose of project. property located at Brookpark Road the easement shall be to permit use Section 3. That by and at the and declaring said easement rights of an access drive. direction of the Board of Control, no longer needed for public use; Section 3. That by and at the the Commissioner of Purchases and proffering certain representations direction of the Board of Control, Supplies is authorized to convey the for purposes of the Trust Indenture the Commissioner of Purchases and above-described, non-exclusive, ease- from the City of Cleveland to the Supplies is authorized to convey the ment interests to East Ohio Gas at Chase Manhattan Trust Company, above-described, non-exclusive, ease- a price not less than fair market National Association, as successor ment interests to The Northeast value as determined by the Board of trustee and authorizing the Director Ohio Regional Sewer District at a Control. of Port Control to apply to the bond price not less than fair market Section 4. That the duration of the trustee for land release. value as determined by the Board of easement shall be determined by the Whereas, The Northeast Ohio Re- Control. Board of Control; that the easement gional Sewer District has requested Section 4. That the duration of the shall include reasonable right of the Director of Port Control to con- easement shall be determined by the entry rights to the City; that the vey easement rights in property Board of Control; that the easement easement shall be assignable only located at Brookpark Road; and shall include reasonable right of upon the prior approval of the Whereas, the easement rights to entry rights to the City; that the Cleveland City Council; that the be granted are no longer needed for easement shall require the grantee public use; and easement shall be assignable only to indemnify the City, provide rea- Whereas, this ordinance consti- upon the prior approval of the Board sonable insurance, maintain any tutes an emergency measure provid- of Control; that the easement shall grantee improvements located with- ing for the usual daily operation of require the grantee to indemnify the in the easement, including, appro- a municipal department; now, there- City, provide reasonable insurance, priate landscaping around each fore, maintain any grantee improvements improvement in order to conceal Be it ordained by the Council of located within the easement, and such improvement, and pay any the City of Cleveland: pay any applicable taxes and assess- applicable taxes and assessments. Section 1. That, notwithstanding ments. Section 5. That the conveyance and as an exception to the provi- Section 5. That the conveyance shall be made by Official Deed of sions of Chapters 181 and 183 of the shall be made by Official Deed of Easement prepared by the Director Codified Ordinances of Cleveland, Easement prepared by the Director of Law and executed by the Direc- Ohio, 1976, it is hereby found and of Law and executed by the Direc- tor of Port Control on behalf of the determined that easement interests tor of Port Control on behalf of the City of Cleveland. The Deed of in the following described property City of Cleveland. The Deed of Easement shall contain such addi- are no longer needed for public use: Easement shall contain such addi- tional terms and conditions as are tional terms and conditions as are required to protect the interests of PPN: 029-23-002 required to protect the interests of the parties. The Directors of Port Situated in the State of Ohio, the parties. The Directors of Port Control and Law are authorized to County of Cuyahoga, City of Cleve- Control and Law are authorized to execute such other documents, land, and being part of Original execute such other documents, in- including without limitation, con- Rockport Township, Section 4, and cluding without limitation, con- tracts for right of entry, as may be being part of Sublot Numbers 88, 90, tracts for right of entry, as may be necessary to effect the construction 92, 93 and 95 in the Orchard Glen necessary to permit use of an access of a gas line in connection with the Land Company’s Subdivision as d r i v e . West Hangar Road project. recorded in Maps Volume 62, Page Section 6. That the City acknowl- Section 6. That the City acknowl- 12 of Cuyahoga County Record, and edges, states and affirms, pursuant edges, states and affirms, pursuant being part of Permanent Parcel to Article IX of the Trust Indenture to Article IX of the Trust Indenture Number 029-23-002, and being more from the City of Cleveland to the from the City of Cleveland to the particularly described as follows: Chase Manhattan Trust Company, Chase Manhattan Trust Company, Commencing at the intersection of National Association, as successor National Association, as successor the centerline of Brookpark Road trustee, dated November 1, 1976, as trustee, dated November 1, 1976, as (100 feet wide) with the centerline amended (the “Indenture”), that the amended (the “Indenture”), that the of Grayton Road; City desires and requests that cer- City desires and requests that cer- Thence North 89° 54' 00" East a tain portions of its land heretofore tain portions of its land heretofore distance of 670.02 feet along said subject to the Indenture be released subject to the Indenture be released centerline of Brookpark Road to a and removed from all obligations and removed from all obligations point; under said Indenture. Further, the under said Indenture. Further, the Thence North 00° 06' 00" West a City acknowledges, states and City acknowledges, states and distance of 50.00 feet to a point in affirms that it is not in default affirms that it is not in default the Northerly line of Brookpark under said Indenture; that release of under said Indenture; that release of Road; such land is necessary in order to such land is necessary in order to Thence North 89° 54' 00" East a serve the public purpose of provid- serve the public purpose of provid- distance of 30.00 feet along said ing public utilities; and that certain ing public utilities; and that certain Northerly line of Brookpark Road to public improvements will be con- public improvements will be con- a point; structed on the land to be released, structed on the land to be released, Thence North 00° 06' 00" West a including public utilities. including public utilities. distance of 570.86 feet to a point Section 7. That the Director of being 127.44 feet left of Station Section 7. That the Director of Port Control is authorized to apply 126+41.77 of Relocated Brookpark Port Control is authorized to apply to the Chase Manhattan Trust Com- Road centerline and the principal to the Chase Manhattan Trust Com- pany, National Association, as suc- place of beginning; pany, National Association, as suc- cessor trustee, for release of the Thence South 73° 40' 37" East a cessor trustee, for release of the land described in Section 1, pursuant distance of 194.38 feet to a point; land described in Section 1, pursuant to the Indenture. Thence South 10° 04' 27" East a to the Indenture. Section 8. That this ordinance is distance of 61.52 feet to a point; Section 8. That this ordinance is hereby declared to be an emergency Thence South 17° 58' 38" West a hereby declared to be an emergency measure and, provided it receives distance of 28.76 feet to a point; measure and, provided it receives the affirmative vote of two-thirds of Thence North 72° 01' 22" West a the affirmative vote of two-thirds of all the members elected to Council, distance of 30.00 feet to a point; all the members elected to Council, it shall take effect and be in force Thence North 10° 04' 27" West a it shall take effect and be in force immediately upon its passage and distance of 47.99 feet to a point; immediately upon its passage and approval by the Mayor; otherwise it Thence North 73° 40' 37" West a approval by the Mayor; otherwise it shall take effect and be in force distance of 157.79 feet to a point; shall take effect and be in force from and after the earliest period Thence North 00° 06' 00" West a from and after the earliest period allowed by law. distance of 41.70 feet to the Point of allowed by law. Passed July 18, 2001. Beginning and Containing 9,665 Passed July 18, 2001. Awaiting the approval or disap- square feet or 0.2219 acres more or Awaiting the approval or disap- proval of the Mayor. less. proval of the Mayor. 1747 82 The City Record July 25, 2001

Ord. No. 78-01. consultants or one or more firms of ment of Economic Development to By Councilmen Westbrook, O’Mal- consultants for the purpose of sup- secure additional financial assist- ley, Cimperman and Patmon. plementing the regularly employed ance funds for reinvestment, with An emergency ordinance deter- staff of the several departments of prior Council authorization, in var- mining the method of making the the City of Cleveland in order to pro- ious Neighborhood Development In- public improvement of constructing vide professional services necessary vestment Fund projects throughout the Garrett A. Morgan Museum with- to design the public improvement the City and for assistance to LTV in the Garrett A. Morgan Water authorized above. Steel Corporation; and Treatment Plant; authorizing the The selection of said consultants Whereas, this ordinance consti- Director of Public Utilities to enter for such services shall be made by tutes an emergency measure that into contract for the making of such the Board of Control upon the nom- the same provides for the immediate improvement; and authorizing said ination of the Director of Public preservation of the public peace, director to employ one or more pro- Utilities from a list of qualified safety, property and welfare, in that fessional consultants to design the consultants available for such its enactment is a necessary pre- improvement. employment as may be determined requisite to providing immediate Whereas, the City of Cleveland after a full and complete canvass assistance to create and preserve owns and operates the Garrett A. by the Director of Public Utilities job opportunities and advance and Morgan Water Treatment Plant and for the purpose of compiling such a promote commercial and economic such plant is part of the Cleveland list. The compensation to be paid development in the City of Cleve- water system; and for such services shall be fixed by land; now, therefore Whereas, the Cleveland water sys- the Board of Control. The contract Be it ordained by the Council of tem includes water intake tunnels herein authorized shall be prepared the City of Cleveland: and during the construction of such by the Director of Law, approved Section 1. That the Director of tunnels numerous disasters occurred by the Director of Public Utilities, Economic Development is autho- resulting in the death of over one and certified by the Director of rized to accept on behalf of the City, hundred individuals; and F i n a n c e . a discounted prepayment from Post Whereas, one such disaster Section 4. That the cost of said Office Plaza Limited Partnership to occurred on July 14, 1916, when improvement shall not exceed be paid to the City no later than workers were constructing a tunnel $40,000 and the cost of said profes- December 31, 2001, in an amount and struck a pocket of natural gas sional services hereby authorized equal to the greater of $5,221,000 or thereby resulting in an explosion; shall not exceed $10,000 and shall be the net present value of the loan and paid from Fund No. 52 SF 001. using a discount rate equal to prime Whereas, Garrett A. Morgan and Section 5. That this ordinance is rate on the date of closing in full three other individuals entered the hereby declared to be an emergency satisfaction of its loan of $9,200,000 gas-filled tunnel with a gas mask measure and, provided it receives due in a balloon payment March 2, invented by Mr. Morgan and rescued the affirmative vote of two-thirds of 2010, which loan was made to par- several workers; and all the members elected to Council, tially finance the renovation and Whereas, the gas mask invented it shall take effect and be in force tenant build out of the former post by Mr. Morgan is a significant con- immediately upon its passage and office at 301 West Prospect. That tribution to public safety and it is approval by the Mayor; otherwise it the Director of Economic Develop- the desire of this Council to create shall take effect and be in force ment is authorized to file all papers a museum honoring Mr. Morgan and from and after the earliest period and execute all documents neces- the individuals who perished in the allowed by law. sary to receive the funds under said construction of the Cleveland water Passed July 18, 2001. prepayment. The prepayment of system; and Awaiting the approval or disap- these funds shall be used for rein- Whereas, this ordinance consti- proval of the Mayor. vestment in various Neighborhood tutes an emergency measure provid- Development Investment Fund pro- ing for the usual daily operation of jects throughout the City, and for a municipal department; now, there- assistance to the LTV Steel Corpo- fore Ord. No. 125-01. ration, provided that any such rein- Be it ordained by the Council of By Mayor White. vestment or assistance shall first be the City of Cleveland: An emergency ordinance a u t h o- authorized by ordinance of this Section 1. That, pursuant to Sec- rizing the Director of Economic Council. tion 167 of the Charter of the City Development to enter into a con- Section 2. That the UDAG Devel- of Cleveland, it is hereby deter- tract amendment with Post Office opment Contract Amendment autho- mined to make the public improve- Plaza Limited Partnership to rized herein shall be prepared by ment of constructing the Garrett A. accept a discount prepayment of the Director of Law and shall con- Morgan Museum within the Garrett the UDAG loan regarding the ren- tain such terms and conditions as A. Morgan Water Treatment Plant, ovation and tenant build out of the shall be deemed necessary or appro- for the Division of Water, Depart- former post office at 301 West priate to protect the interests of the ment of Public Utilities, by con- P r o s p e c t . City. tract duly let to the lowest respon- Whereas, pursuant to Ordinance Section 3. That the Director of sible bidder after competitive bid- Nos. 1249-85, passed June 10, 1985, as Economic Development is hereby ding for a gross price for the amended by Ordinance No. 2589-85, authorize to release any and all col- i m p r o v e m e n t . passed November 11, 1985, Council lateral taken to secure repayment of Section 2. That, the Director of authorized the Director of Economic said loan and to execute all docu- Public Utilities is hereby authorized Development to accept an Urban De- ments necessary to release said col- to enter into contract for the mak- velopment Action Grant (“UDAG”) lateral. Any release of security ing of the above public improvement from the United States Department instruments shall be prepared and with the lowest responsible bidder of Housing and Urban Development approved by the Director of Law. after competitive bidding for a gross (“HUD”) and to enter into a contract Section 4. That the Director of price for the improvement provided with the Post Office Plaza Limited Economic Development is hereby however, that each separate trade Partnership (the “Contract”), or its authorized to deposit the prepay- and each distinct component part of designee, for renovation and tenant ment into Fund No. 10 SF 502. said improvement may be treated as build out of the former post office Section 5. That this ordinance is a separate improvement, and each, at 301 West Prospect; and hereby declared to be an emergency or any combination, of such trades Whereas, Post Office Plaza Limit- measure and, provided it receives or components may be the subject of ed Partnership was the authorized the affirmative vote of two-thirds of a separate contract for a gross designee under the Contract; and all the members elected to Council, price. Upon request of said Director Whereas, Post Office Plaza Limit- it shall take effect and be in force the contractor shall furnish a cor- ed Partnership has requested to pre- immediately upon its passage and rect schedule of unit prices, includ- pay the $9,200,000 zero interest loan approval by the Mayor; otherwise it ing profit and overhead, for all at its net present value determined shall take effect and be in force items constituting units of said by discounting by a rate equal to from and after the earliest period improvement. the prime rate the balloon principal allowed by law. Section 3. That the Director of payment due March 2, 2010; and Passed July 18, 2001. Public Utilities is hereby authorized Whereas, the receipt of said pre- Awaiting the approval or disap- to employ by contract one or more payment would allow the Depart- proval of the Mayor. 1748 July 25, 2001 The City Record 83

Ord. No. 170-01. westerly and southeasterly along the northwesterly lines of Sublot By Councilman Coats. said northeasterly line of said Per- Nos. 100 and 101 in said East Shore An emergency ordinance authoriz- manent Parcel No. 113-06-03 to its Park Subdivision to its intersection ing the Director of Economic Devel- intersection with the southeasterly with said northeasterly line thereof; opment to enter into an agreement line thereof; thence southwesterly thence southeasterly along said with the Otto Konigslow Manufac- along said southeasterly line and northeasterly line of said Sublot No. turing Company for economic devel- along its southwesterly extension to 101 and along said southeasterly opment assistance in order to carry the center line of Lake Shore Boule- extension to the place of beginning, out the public purpose of creating or vard N.E.; thence southeasterly and as outlined in red on the map retaining jobs and employment along said center line of Lake Shore hereto attached, be and the same is opportunities to preserve the eco- Boulevard, N.E. to its intersection hereby changed to a Multi-Family nomic welfare of the State and pro- with the southwesterly extension of Use District. mote investment in the neighbor- a line located approximately one Section 2. That said changed des- hood through the use of Ward 10 hundred (100) feet southeast of the ignation of lands described in Sec- Neighborhood Equity Funds. southeasterly line of Brazil Road, tion 1 shall be identified as Map Whereas, this ordinance consti- N.E.; thence northeasterly along Change No. 2026, Sheet No. 7 and tutes an emergency measure provid- said southwesterly extension and shall be made upon the Building ing for the usual daily operation of along said line which is almost par- Zone Maps of the City of Cleveland a municipal department; now, there- allel to and approximately one hun- on file in the office of the Clerk of fore, dred (100) feet southeast of said Council and on file in the office of Be it ordained by the Council of southeasterly line of Brazil Road, the City Planning Commission by the City of Cleveland: N.E. for a distance of approximate- the appropriate person designated Section 1. That the Director of ly one hundred fifty eight and twen- for such purpose by the City Plan- Economic Development is autho- ty six hundredths (158.26) feet ning Commission. rized to enter into an agreement northeast of the northeasterly line Section 3. That this ordinance with the Otto Konigslow Manufac- of Lake Shore Boulevard, N.E.; shall take effect and be in force turing Company for economic devel- thence southeasterly from this point from and after the earliest period opment assistance in order to carry to a point located approximately allowed by law. out the public purpose of creating or two hundred six and twenty two Passed July 18, 2001. retaining jobs and employment hundredths (206.22) feet northeast Awaiting the approval or disap- opportunities to preserve the eco- of the intersection of Lake Shore proval of the Mayor. nomic welfare of the State and pro- Boulevard, N.E. and Marcella Road, mote investment in the neighbor- N.E. and along its southeasterly hood. extension to the center line of Mar- Section 2. That the cost of said cella Road, N.E.; thence southwest- Ord. No. 623-01. contract shall be in an amount not erly along said center line of Mar- By Mayor White. to exceed $60,000 and shall be paid cella Road, N.E,. to said center line An emergency ordinance agreeing from Fund No. 10 SF 166. of Lake Shore Boulevard, N.E.; to an adjustment of the municipal Section 3. That the Director of thence northwesterly along said cen- boundary line between the City of Law shall prepare and approve said ter line of Lake Shore Boulevard, Cleveland and the City of Brook contract and that the contract shall N.E. to its to the center line of Park in accordance with Section contain such terms and provisions Brazil Road, N.E.; thence northwest- 709.37 of the Ohio Revised Code. as he deems necessary to protect the erly along said center line of Brazil Whereas, for a period of years, the City’s interest. Road, N.E. to its intersection with City of Brook Park (“Brook Park”) Section 4. That this ordinance is the center line of Lakeport Road, and the City of Cleveland (“Cleve- hereby declared to be an emergency N.E.; thence northeasterly along land”) have been involved in a legal measure and, provided it receives said center line of Lakeport Road, dispute regarding the operation and N.E. to its intersection with a line the affirmative vote of two-thirds of growth of Cleveland Hopkins Inter- located approximately four hundred all the members elected to Council, national Airport, the future econom- thirty two and eighty hundredths it shall take effect and be in force ic development of Brook Park and (432.80) feet southwest of the south- immediately upon its passage and the ownership of the International westerly line of Neff Road, N.E.; Exposition Center (“I-X Center”); approval by the Mayor; otherwise it thence northwesterly along said line shall take effect and be in force and which is parallel to and approxi- from and after the earliest period Whereas, by Ordinance No. 624-01, mately four hundred and thirty two passed July 18, 2001 this Council allowed by law. and eighty hundredths (432.80) feet Passed July 18, 2001. authorized the Mayor, the Director southwest of said southwesterly line of Law and the Director of Port Con- Awaiting the approval or disap- of Neff Road, N.E. to its intersection proval of the Mayor. trol to enter into a Settlement with a line located one hundred Agreement (the “Settlement Agree- twenty five (125) feet southeast of ment”) with Brook Park to resolve the southeasterly line of Hoover these disputes; and Road, N.E.; thence northeasterly Whereas, the Settlement Agree- Ord. No. 226-01. along said line which is parallel to ment, among other things, provides By Councilman Polensek. and one hundred twenty five (125) for the adjustment of the municipal An ordinance to change the Use feet southeast of said southeasterly boundary line between the two District of some lands on both sides line of Hoover Avenue, N.E. to its cities in accordance with Section of Lake Shore Boulevard, N.E. be- intersection with a line located 709.37 of the Ohio Revised Code; and tween Brazil Road, N.E and Neff approximately two hundred ninety Whereas, the change in the munic- Road, N.E. (Map Change No. 2026, and five hundredths (290.05) feet ipal boundary line between the two Sheet No. 7) southwest of said southwesterly line cities will enable the Cleveland to Be it ordained by the Council of of Neff Road, N.E.; thence south- exercise all municipal governmental the City of Cleveland: easterly along said line which is powers over the I-X Center and Section 1. That the Use District of parallel to and approximately two other lands needed for the future lands bounded and described as fol- hundred ninety and five hundredths development of Cleveland Hopkins lows, (290.05) feet southwest of said International Airport after imple- Beginning at the intersection of southwesterly line of Neff Road, mentation of the Settlement Agree- the southeasterly extension of the N.E. and along its southeasterly ment; and northeasterly line of Sublot No. 101 extension to the center line of Lake Whereas, the change in the munic- in the East Shore Park Subdivision Shore Boulevard, N.E.; thence north- ipal boundary line between the two as recorded in Volume 93, Page 6 of easterly along said center line of cities will enable Brook Park to the Cuyahoga County Map Records Lake Shore Boulevard, N.E. to the exercise all municipal governmental and the center line of Lake Shore center line of Neff Road, N.E.; powers over the NASA Glenn Boulevard, N.E.; thence southwester- thence northwesterly along said cen- Research Center at Lewis Field and ly along said center line of Lake ter line of Neff Road, N.E. to its other lands as identified in the Set- Shore Boulevard, N.E. to its inter- intersection with the southwesterly tlement Agreement; and section with the southwesterly extension of the northwesterly line Whereas, the proposed change in extension of the northwesterly line of Sublot No. 99 in the East Shore the municipal boundary line does of Permanent Parcel No. 113-06-03; Park Subdivision as recorded in Vol- not involve the transfer of territory thence northeasterly along said ume 93, Page 6 of the Cuyahoga inhabited by more than five (5) southwesterly extension and along County Map Records; thence north- voters, from one municipal corpora- said southeasterly line of said Per- easterly along said southwesterly tion to the other or from each to the manent Parcel 113-06-03 to its inter- extension and along said north- other; and section with the southeasterly line westerly line of said Sublot No. 99 Whereas, this ordinance consti- thereof; thence southeasterly, south- and continuing northeasterly along tutes an emergency measure provid- 1749 84 The City Record July 25, 2001 ing for the usual daily operation of Whereas, for a period of years, the regularly employed staff of the sev- a municipal department; now, there- City of Brook Park (“Brook Park”) eral departments of the City of fore, and the City of Cleveland (“Cleve- Cleveland in order to provide pro- Be it ordained by the Council of land”) have been involved in a legal fessional services necessary to pre- the City of Cleveland: dispute regarding the operation and pare, secure and implement the Set- Section 1. That, pursuant to Sec- growth of Cleveland Hopkins Inter- tlement Agreement. tion 709.37 of the Ohio Revised Code, national Airport, the future econom- The selection of said consultant or Cleveland does hereby agree that ic development of Brook Park and consultants for such services shall the municipal boundary line the ownership of the International be made by the Board of Control between Cleveland and Brook Park Exposition Center (“I-X Center”); upon the nomination of the Director be changed to establish a new cor- and of Port Control from a list of qual- poration line separating the two Whereas, the Mayors of Brook ified consultants available for such cities, which new corporation line is Park and Cleveland have proposed employment as may be determined generally depicted in the Settlement a framework to forge a permanent after a full and complete canvass by Agreement, shown on the map con- resolution to these disputes which the Director of Port Control for the tained in File No. 623-01-A and to be provides, among other things, for a purpose of compiling such a list. more particularly described in a change in the municipal boundaries The compensation to be paid for legal description following a survey, between the two cities, the con- such services shall be prepared by such legal description to be veyance of fee interests in certain the Director of Law, approved by approved by the Commissioner of parcels of land currently owned by the Director of Port Control, and cer- Engineering and Construction and Brook Park, the dismissal of certain tified by the Director of Finance. the Director of Port Control. pending litigation between the two Section 3. That the Director of Section 2. That the agreed change cities related to the I-X Center and Port Control is hereby authorized to in the municipal boundary line shall for the payment of consideration apply for and accept federal and take effect in the manner prescribed and other amounts; and state grant funds and federal pas- in the general laws of the State of Whereas, as part of the consider- senger facility charge authorization Ohio. This Council requests that the ation for the resolution of these dis- for the purpose of paying all or any resolution adopted by the Board of putes, Cleveland and Brook Park portion of the amounts to be paid by County Commissioners of Cuyahoga have agreed to establish a Joint Cleveland pursuant to the Settle- County, Ohio, pursuant to Section Economic Development Zone pur- ment Agreement; the Director of 709.37 of the Revised Code, provide suant to the home rule powers of Port Control is hereby authorized to for an effective date which is the both cities and, to the extent applic- file all papers and execute all doc- later of January 1, 2002 or the Clos- able, Section 715.69 of the Revised uments necessary to apply for, ing Date provided in the Settlement Code in the Emerald Park Develop- accept or receive said funds; and Agreement. ment area located in Cleveland and that such funds are hereby appro- Section 3. That in the event that the Settlement Agreement referred priated for the purposes set forth in the Settlement Agreement is not to herein constitutes the Joint Eco- the application for said funds. finalized and does not become effec- nomic Development Zone Contract Section 4. That there is hereby tive, Cleveland’s agreement to the referred to in Section 715.69; and established the Emerald Park Joint boundary change described in this Whereas, the private develop- Economic Development Zone pur- ordinance likewise shall terminate ments in the Joint Economic Devel- suant to the City’s home rule pow- and be revoked by this Council. opment Zone are and will be bene- ers and, to the extent applicable, Section 4. That the Clerk of Coun- fited by the expansion of the airport Section 715.69 of the Revised Code, cil is hereby directed to certify a and other improvements which are in the area located in Cleveland copy of this ordinance to the Board contemplated by the agreement adjacent to the airport known as of County Commissioners of Cuya- authorized by this ordinance; and Emerald Park as provided in the hoga County, Ohio, pursuant to Sec- Whereas, this Council believes Settlement Agreement and approves tion 709.37 of the Ohio Revised Code, that this proposed resolution repre- the sharing of taxes as provided in for further proceedings in accor- sents a fair, reasonable and mutu- the Settlement Agreement. dance with law. ally beneficial settlement to these Section 5. That Cleveland hereby Section 5. That the Clerk of Coun- disputes; and accepts all public rights-of-way cil is hereby directed to notify the Whereas, this ordinance consti- which will be located within the Board of Elections of Cuyahoga tutes an emergency measure provid- City of Cleveland following the County pursuant to Section 709.011 ing for the usual daily operation of adjustment of the municipal bound- of the Ohio Revised Code in writing a municipal department; now, there- ary line as provided in the Settle- of said boundary change and to fore, ment Agreement. The Mayor is here- transmit a plat showing said bound- Be it ordained by the Council of by authorized on behalf of the City ary change, within thirty days after the City of Cleveland: of Cleveland to sign and execute a the effective date of the boundary Section 1. That, notwithstanding plat dedicating to public use Aero- change. any other ordinance or Codified space Parkway as shown on such Section 6. That this ordinance is Ordinance to the contrary, the plat as prepared by the Division of hereby declared to be an emergency Mayor, the Director of Law and the Engineering and Construction and measure and, provided it receives Director of Port Control are hereby to take such other actions as may the affirmative vote of two-thirds of authorized to enter into an agree- be necessary or appropriate to all the members elected to Council, ment with Brook Park regarding accept those portions of Aerospace it shall take effect and be in force the expansion of Cleveland Hopkins Parkway which will be located in immediately upon its passage and International Airport, the future eco- the City of Cleveland as a public approval by the Mayor; otherwise it nomic development of Brook Park road in each case, so long as Aero- shall take effect and be in force and the ownership of the I-X Center, space Parkway is constructed con- from and after the earliest period which shall provide, among other sistent with applicable City require- allowed by law. things, for a change in the munici- ments. Passed July 18, 2001. pal boundaries between the two Section 6. That there is hereby Awaiting the approval or disap- cities, the conveyance of fee inter- established the I-X Center Special proval of the Mayor. ests in certain parcels of land cur- Revenue Fund into which an rently owned by Brook Park, the amount equal to all real and per- establishment of the Emerald Park sonal property taxes, municipal Joint Economic Development Zone, income taxes, admission taxes and Ord. No. 624-01. the dismissal of certain pending lit- parking taxes derived from the I-X By Mayor White. igation between the two cities relat- Center property shall be deposited An emergency ordinance authoriz- ed to the I-X Center and for the pay- and used to make those payments ing the Mayor, the Director of Law ment of consideration and other due Brook Park each year under the and the Director of Port Control to amounts, which agreement shall be Settlement Agreement relating to enter into a Settlement Agreement in the form contained in File No. the I-X Center property or to pay or with the City of Brook Park regard- 624-01-A (“Settlement Agreement”). reimburse the Department of Port ing the expansion of Cleveland Hop- Any change to the form agreement Control for payments made under kins International Airport and the contained in File No. 624-01-A must the Settlement Agreement relating ownership of the International Ex- first be authorized by ordinance of to the I-X Center Property. position Center; to enter into agree- this Council. Section 7. That there is hereby ments related thereto; and to amend Section 2. That the Director of established the Emerald Park Spe- Sections 1 and 2 of Ordinance No. Port Control is hereby authorized to cial Revenue Fund into which an 2649-91, passed December 9, 1991, as employ by contract one or more pro- amount equal to all real and per- amended by Ordinance No. 610-95, fessional consultants or one or more sonal property taxes and municipal passed June 13, 1995, relating to pas- firms of professional consultants for income taxes derived from the senger facility charges. the purpose of supplementing the Emerald Park Joint Economic 1750 July 25, 2001 The City Record 85

Development Zone property shall be finance eligible projects in accor- Section 1. That the Use District of deposited and used to make those dance with federal law and FAA lands bounded and described as fol- payments due Brook Park each year regulatory authority. The Director lows: under the Settlement Agreement of Port Control is hereby authorized Beginning at the intersection of relating to the Emerald Park Joint to file all papers and execute all the center line of West 128 Street Economic Development Zone proper- documents necessary to obtain and the center line of Lena Avenue, ty. authorization of the PFC. S.W.; thence easterly along said cen- Section 8. That notwithstanding Section 2. That, upon authoriza- ter line of Lena Avenue, S.W. to its any Codified Ordinance to the con- tion from the FAA in accordance intersection with the northerly trary, the Commissioner of Purchas- with Section 1 of this ordinance, the extension of a line located two hun- es and Supplies is hereby authorized Director of Port Control is hereby dred eighty (280) feet east of the to purchase the real property locat- authorized to assess and collect a easterly line of West 128 Street; ed within the Expansion Zone as PFC in an amount not to exceed thence southerly along said norther- described in the Settlement Agree- four dollars and fifty cents ($4.50) ly extension and along said line ment, provided that such purchases on air passengers enplaned at Cleve- which is parallel to and two hun- are made in accordance with the land Hopkins International Airport. dred eighty (280) feet east of said terms and conditions contained in Section 12. That existing Sections easterly line of West 128 Street and the Settlement Agreement, for the 1 and 2 of Ordinance No. 2649-91, along its southerly extension to the Division of Cleveland Hopkins Inter- passed December 9, 1991, as amend- center line of Longmead Avenue, national Airport, Department of Port ed by Ordinance No 610-95, passed S.W.; thence westerly along said Control. The Director of Port Con- June 13, 1995, are hereby repealed. center line of Longmead Avenue, trol is hereby authorized to enter Section 13. That the Director of S.W. to the center line of West 128 into such contracts, execute all doc- Port Control is hereby authorized Street; thence northerly along said uments and pay all fees and costs and directed to allocate $4,000,000.00 center line of West 128 Street to the incurred to complete the purchase of from the Airport’s Surplus budget place of beginning such real property and to demolish for the Sound Insulation Program. and as outlined in red on the map any structure located on such real This $4,000,000.00 allocation shall hereto attached, be and the same is property once acquired, including occur in equal sums over the next hereby changed to an RA2 Use Dis- the payment of all relocation costs four years. The Director of Port Con- trict. and any payment in lieu of actual trol is also authorized and directed Section 2. That said changed des- moving costs as required by the Uni- to expend this $4,000,000 allocation ignation of lands described in Sec- form Relocation Assistance and in a manner that permits the time- tion 1 shall be identified as Map Real Property Acquisition Policies ly sound insulation of St. Patrick’s Change No. 2029, Sheet No. 13 and Act of 1970, 42 U.S.C. 4602 et seq., School, West Park without any shall be made upon the Building and its implementing regulations, 49 determent to the current Sound Insu- Zone Maps of the City of Cleveland C.F.R. Part 24 and the Settlement lation Program and/or any adverse on file in the office of the Clerk of Agreement. impact to participants in the current Council and on file in the office of Section 9. That the Mayor, the Sound Insulation Program. If fed- the City Planning Commission by Director of Law or Director of Port eral funds are received for the the appropriate person designated Control each are hereby authorized sound insulation of St. Patrick’s for such purpose by the City Plan- to file all papers and execute all School, West Park, the Director of ning Commission. documents as may be necessary for Port Control shall subtract the fed- Section 3. That this ordinance the purpose of implementing the eral funds received from the shall take effect and be in force terms and conditions of the Settle- $4,000,000 allocation for St. Patrick’s from and after the earliest period ment Agreement, including the School, West Park and, provided the allowed by law. granting of easements and the FAA approves, utilize such funds Passed July 18, 2001. acceptance of deeds as provided in as part of a revolving fund for the Awaiting the approval or disap- the Settlement Agreement and enter- sound insulation of other schools in proval of the Mayor. ing into such other agreements with the airport sound insulation area in Brook Park and the other parties to Cleveland. If the FAA does not the litigation involving the I-X Cen- approve the school revolving fund, ter as may be necessary to imple- ment the terms and conditions of the the Director of Port Control shall Ord. No. 709-01. utilize such funds in the Residential Settlement Agreement. In connec- By Councilmen Jackson, Melena tion with the dismissal of the pend- Sound Insulation Program. Fur- and Patmon (by departmental re- ing litigation, the Mayor and the thermore, the Director of Port Con- quest). Director of Port Control are further trol shall notify the President of An emergency ordinance authoriz- authorized to enter into an agree- Cleveland City Council, the Chair- ing the Director of Economic De- ment with the owner and/or opera- man of the Finance Committee and velopment to enter into an Empow- tor of the I-X Center to ameliorate the Chairman of the Aviation and erment Zone Section 108 loan and an any adverse tax impacts resulting Transportation Committee of any Economic Development Initiative from the jurisdictional boundary federal funds that are received for Grant Agreement with Vocational adjustment provided for in the Set- the sound insulation of St. Patrick’s Guidance Services to provide eco- tlement Agreement. School, West Park, of any applica- nomic development assistance to Section 10. That the cost of any tion for FAA approval of the school partially finance land acquisition, amounts to be paid by the Depart- revolving fund, and of the FAA’s purchase of machinery, equipment ment of Port Control pursuant to the response thereto. and fixtures, the construction of a Settlement Agreement, shall be paid Section 14. That this ordinance is new building at East 55th Street and from funds appropriated for the use hereby declared to be an emergency Longfellow Avenue, and to make of the Department of Port Control, measure and, provided it receives building improvements at 2239 East and from any funds or subfunds to the affirmative vote of two-thirds of 55th Street, Cleveland, Ohio. which are credited the proceeds of all the members elected to Council, Whereas, this ordinance consti- any federal or state grants, any fed- it shall take effect and be in force tutes an emergency measure provid- eral passenger facility charge immediately upon its passage and ing for the usual daily operation of authorization, or any airport rev- approval by the Mayor; otherwise it a municipal department; now, there- enue bonds issued for a purpose shall take effect and be in force fore, which includes such payments. from and after the earliest period Be it ordained by the Council of Section 11. That Sections 1 and 2 allowed by law. the City of Cleveland: of Ordinance No. 2649-91, passed Passed July 18, 2001. Section 1. That the Director of December 9, 1991, as amended by Awaiting the approval or disap- Economic Development is hereby Ordinance No 610-95, passed June 13, proval of the Mayor. authorized to enter into an Empow- 1995, are hereby amended to read, erment Zone Section 108 loan with respectively, as follows: Vocational Guidance Services to pro- Section 1. That the Director of vide economic development as- Port Control is hereby authorized to Ord. No. 663-01. sistance to partially finance land apply to the Administrator of the By Councilman Sweeney. acquisition, purchase of machinery, Federal Aviation Administration An Ordinance to change the Use equipment and fixtures, the con- (“FAA”) for authority to impose a District of lands on the east side of struction of a new building at East passenger facility charge (“PFC”) in West 128 Street between Lena Ave- 55th Street and Longfellow Avenue, the amount not to exceed four dol- nue, S.W. and Longmead Avenue, and to make building improvements lars and fifty cents ($4.50) on air SW, (Map Change No. 2029, Sheet No. at 2239 East 55th Street, Cleveland, passengers enplaned at Cleveland 13) Ohio (the “Improvement”). Hopkins International Airport and Be it ordained by the Council of Section 2. That the Director of for use of the PFC revenues to the City of Cleveland: Economic Development is hereby 1751 86 The City Record July 25, 2001 authorized to enter into a grant Codified Ordinances of the City of nances of Cleveland, Ohio 1976, the agreement with Vocational Guid- Cleveland, 1976; and Commissioner of Purchases and Sup- ance Services to receive Economic Whereas, Vocational Guidance plies is hereby authorized to sell Development Initiative Grant funds Services (“Grantee”) has committed Permanent Parcel No. 118-18-005 as to partially finance the above- to the development of an Eight Mil- more fully described below, to Voca- described Improvement. lion Four Hundred Thousand Dol- tional Guidance Services. Section 3. That the terms of said lars and No/100 ($8,400,000) new cor- Section 6. That the real property loan and grant shall be in accor- porate headquarters (the “Project”) to be sold pursuant to this Ordi- dance with the terms as set forth in Whereas, this ordinance consti- nance is more fully described as fol- the Executive Summary contained tutes an emergency measure provid- lows: in File No. 709-01-A. ing for the usual daily operation of Section 4. That the costs of said a municipal department; now, there- P. P. No. 118-18-005 contract shall not exceed a loan fore Situated in the City of Cleveland, amount of $5,000,000.00 and a grant Be it ordained by the Council of County of Cuyahoga and State of amount of $1,250,000.00. The loan the City of Cleveland: Ohio, and known as being the shall be paid from Fund No. 18 SF Section 1. That pursuant to Sec- Northerly 60 feet of Sublot No. 6 in 001 and 18 SF 003 and the grant tion 183.021 of the Codified Ordi- Southern and Chamberlain’s Allot- shall be paid from Fund No. 18 SF nances of Cleveland, Ohio 1976, the ment of part of Original One Hun- 003, Request No. 13156. Commissioner of Purchases and Sup- dred Acre Lots Nos. 334 and 335, as Section 5. That the Director of plies is hereby authorized to sell shown by the recorded plat of said Economic Development is hereby Permanent Parcel No. 118-18-003 as Allotment in Volume 11 of Maps, authorized and directed to accept more fully described below, to Voca- Page 42 of Cuyahoga County collateral as set forth in the Exec- tional Guidance Services. Records. Said part of said Sublot No. utive Summary contained in the file Section 2. That the real property 6 has a frontage of 60 feet on the referenced in Section 2 of this ordi- to be sold pursuant to Section 1 of Easterly side of East 55th Street (formerly Willson Avenue) and nance in order to secure repayment this Ordinance is more fully described as follows: extends back 192 feet to an alley, as of said loan. Any security instru- appears by said plat, be the same ment shall be prepared and P. P. No. 118-18-003 more or less, but subject to all legal approved by the Director of Law. Situated in the City of Cleveland, highways. Section 6. That the Director of County of Cuyahoga and State of Section 7. That pursuant to Sec- Economic Development is hereby Ohio, and known as being the tion 183.021 of the Codified Ordi- authorized to accept monies in Southerly 15 feet front to rear of nances of Cleveland, Ohio 1976, the repayment of the loan and to deposit Sublot No. 4 and the Northerly 35 Commissioner of Purchases and Sup- said monies in Fund No. 18 SF 002. feet front to rear of Sublot No. 5 in plies is hereby authorized to sell Section 7. That the Director of Southern and Chamberlain’s Subdi- Permanent Parcel No. 118-18-006 as Economic Development is hereby vision of part of Original One Hun- more fully described to Vocational authorized to charge and accept fees dred Acre Lots Nos. 334 and 335, as Guidance Services. in an amount not to exceed the max- shown by the recorded plat in Vol- Section 8. That the real property imum allowable fees under federal ume 11 of Maps, Page 42 and 43 of to be sold pursuant to this Ordi- regulations and expend such fees to Cuyahoga County Records, and nance is more fully described as fol- cover costs incurred in the prepara- together forming a parcel of land lows: tion of the loan application, closing having a frontage of 50 feet on the and servicing of the loan. Such fees Easterly side of East 55th Street P. P. No. 118-18-006 shall be deposited and expended (formerly Willson Avenue), and Situated in the City of Cleveland, from Fund No. 18 SF 004. extending back of equal width 192 County of Cuyahoga and State of Section 8. That the Director of feet deep to the Westerly line of a Ohio, and known as being part of Law is hereby authorized to prepare 16 foot alley in the rear, as appears Sublot No. 6 in L. M. Southern and said contract and such other docu- by said plat, be the same more or W. S. Chamberlain’s Subdivision of ments as may be appropriate to com- less, but subject to all legal high- part of Original One Hundred Acre plete the transaction. ways. Lots Nos. 334 and 335, as shown by Section 9. That this ordinance is Subject to zoning ordinances, if the recorded plat in Volume 11 of hereby declared to be an emergency any. Maps, Page 42 of Cuyahoga County measure and, provided it receives Section 3. That pursuant to Sec- Records, and bounded and described the affirmative vote of two-thirds of tion 183.021 of the Codified Ordi- as follows: all the members elected to Council, nances of Cleveland, Ohio 1976, the Beginning at the intersection of it shall take effect and be in force Commissioner of Purchases and Sup- the Easterly line of East 55th Street, immediately upon its passage and plies is hereby authorized to sell (formerly Willson Avenue) with the approval by the Mayor; otherwise it Permanent Parcel No. 118-18-004 as Northerly line of Thackeray Avenue, shall take effect and be in force more fully described below to Voca- S.E., (formerly Fourth Avenue); from and after the earliest period tional Guidance Services. thence Northerly along the Easterly allowed by law. Section 4. That the real property line of East 55th Street, 60 feet to a Passed July 18, 2001. to be sold pursuant to this Ordi- point; thence Easterly and parallel Awaiting the approval or disap- nance is more fully described as fol- to the Northerly line of Thackeray proval of the Mayor. lows: Avenue, S.E., 85 feet to a point; thence Southerly and parallel to the P. P. No. 118-18-004 Easterly line of East 55th Street, 60 Situated in the City of Cleveland, feet to the Northerly line of Thack- Ord. No. 710-01. County of Cuyahoga and State of eray Avenue, S.E.; thence Westerly Ohio, and known as being the along the Northerly line of Thack- By Councilmen Jackson, Melena, Southerly 49 feet of Sublot No. 5 in eray, S.E.; 85 feet to the place of Cimperman and Patmon (by depart- Southern and Chamberlain’s Allot- beginning, as appears by said plat, mental request). ment of a part of Original One Hun- be the same more or less, but sub- An emergency ordinance authoriz- dred Acre Lots Nos. 334 and 335 in ject to all legal highways. ing the sale of real property as part said City, and being 49 feet front on Also subject to all zoning ordi- of the Land Reutilization Program the Easterly side of East 55th nances, if any. and located on East 55th Street, Street, (formerly Wilson Avenue), Section 9. That pursuant to Sec- Longfellow and Thackery Avenue to and extending back of equal width tion 183.021 of the Codified Ordi- Vocational Guidance Services. 192 feet to an alley, as appears by nances of Cleveland, Ohio 1976, the Whereas, the City of Cleveland the recorded plat of said Allotment, Commissioner of Purchases and Sup- adopted and implemented proce- in Volume 11, Page 42 of Cuyahoga plies is hereby authorized to sell dures under Chapter 5722 of the County Records, be the same more Permanent Parcel Nos. 118-18-065 as Ohio Revised Code to facilitate or less, but subject to all legal high- more fully described below, to Voca- reutilization of nonproductive lands ways. Subject to restrictions, terms tional Guidance Services. situated within the City of Cleve- and conditions recorded in Miscella- Section 10. That the real property land; and neous Volume 111, Page 9 and in to be sold pursuant to this Ordi- Whereas, real property acquired Miscellaneous Volume 111, Page 43 nance is more fully described as fol- under the City’s Land Reutilization of Cuyahoga County Records. Ease- lows: Program is acquired, held, adminis- ment recorded in Volume 395, Page tered and disposed of by the City of 35 of Cuyahoga County Records. P. P. No. 118-18-065 Cleveland through its Department of Subject to zoning ordinances, if Situated in the City of Cleveland, Community Development under the any. County of Cuyahoga and State of terms of Chapter 5722 of the Ohio Section 5. That pursuant to Sec- Ohio, and known as being part of Revised Code and Section 183.021 of tion 183.021 of the Codified Ordi- Sublot No. 6 in L.M. Southern and 1752 July 25, 2001 The City Record 87

W.S. Chamberlain’s Subdivision of part of Original One Hundred Acre P. P. No. 118-18-071 part of Original One Hundred Acre Lots Nos. 334 and 335, as shown by Situated in the City of Cleveland, Lots Nos. 334 and 335, as shown by the recorded plat of said Subdivision County of Cuyahoga and State of the recorded plat in Volume 11 of in Volume 11 of Maps, Page 42 of Ohio, and known as being part of Maps, Page 42 of Cuyahoga County Cuyahoga County Records. Said part Sublot No. 67 in L.M. Southern and Records and bounded and described of Sublot No. 66 has a frontage of W.S. Chamberlain’s Subdivision of as follows: 50 feet on the Northerly side of part of Original One Hundred Acre Beginning on the Northerly line of Thackeray Avenue, S.E., (formerly Lots Nos. 334 and 335, as shown by Thackeray Avenue, S.E., (formerly Fourth Avenue), and extends back the recorded plat of said Subdivi- Fourth Avenue), at a point 85 feet between parallel lines 154 feet to an sion in Volume 11 of Maps, Pages Easterly measured along said alley in the rear, as appears by said 42 and 43 of Cuyahoga County Northerly line from its intersection plat, be the same more or less, but Records and bounded and described with the Easterly line of East 55th subject to all legal highways. as follows: Street (formerly Willson Avenue); Section 15. That pursuant to Sec- Beginning on the Northerly line of thence Easterly along said Norther- tion 183.021 of the Codified Ordi- Thackeray Avenue, S.E., (formerly ly line of Thackeray Avenue, S.E., nances of Cleveland, Ohio 1976, the Fourth Avenue), at a point 10 feet 107 feet to the Westerly line of a 16 Commissioner of Purchases and Sup- West from the Southeast corner of foot alley; thence Northerly along plies is hereby authorized to sell said Sublot; thence Westerly along the Westerly line of said alley, 60 Permanent Parcel No. 118-18-069 as the Northerly line of Thackeray feet to the Northwesterly corner of more fully described below, to Voca- Avenue, S.E., 50 feet; thence Norther- land conveyed to Flora Schwab by tional Guidance Services. ly parallel with the Easterly line of deed dated July 10, 1890, and record- Section 16. That the real property East 55th Street, (formerly Willson ed in Volume 469, Page 548 of Cuya- to be sold pursuant to this Ordi- Avenue) 154 feet to an alley; thence hoga County Records; thence West- nance is more fully described as fol- Easterly along the Southerly line of erly along the Northerly line of land lows: said alley 50 feet, thence Southerly so conveyed and on a line parallel 154 feet to the place of beginning, to said Northerly line of Thackeray P. P. No. 118-18-069 as appears by said plat, be the same Avenue, S.E., 107 feet; thence Situated in the City of Cleveland, more or less, but subject to all legal Southerly 60 feet to the place of County of Cuyahoga and State of highways. beginning, as appears by said plat, Ohio, and known as being the East- Section 21. That pursuant to Sec- be the same more or less, but sub- erly 50 feet of Sublot No. 66 in L.M. tion 183.021 of the Codified Ordi- ject to all legal highways. Southern and M.S. Chamberlain’s nances of Cleveland, Ohio 1976, the Also subject to all zoning ordi- Subdivision of part of Original One Commissioner of Purchases and Sup- nances, if any. Hundred Acre Lots Nos. 334 and 335, plies is hereby authorized to sell Section 11. That pursuant to Sec- as shown by the recorded plat of Permanent Parcel No. 118-18-074 as tion 183.021 of the Codified Ordi- said Subdivision in Volume 11 of more fully described below, to Voca- nances of Cleveland, Ohio 1976, the Maps, Page 42 of Cuyahoga County tional Guidance Services. Commissioner of Purchases and Sup- Records, and being 50 feet front on Section 22. That the real property plies is hereby authorized to sell the Northerly side of Thackeray to be sold pursuant to this Ordi- Permanent Parcel No. 118-18-067 as Avenue, S.E., (formerly Fourth Ave- nance is more fully described as fol- more fully described below, to Voca- nue), and extending back between lows: tional Guidance Services. parallel lines, 154 feet, as appears Section 12. That the real property by said plat, be the same more or P. P. No. 118-18-074 to be sold pursuant to this Ordi- less, but subject to all legal high- Situated in the City of Cleveland, nance is more fully described as fol- ways. County of Cuyahoga and State of lows: Section 17. That pursuant to Sec- Ohio, and known as being the East- tion 183.021 of the Codified Ordi- erly 45 feet of Sublot No. 68 in L.M. P. P. No. 118-18-067 nances of Cleveland, Ohio 1976, the Southern and W.S. Chamberlain’s Situated in the City of Cleveland, Commissioner of Purchases and Sup- Subdivision of part of Original One County of Cuyahoga and State of plies is hereby authorized to sell Hundred Acre Lots Nos. 334 and 335, Ohio, and known as the East half of Permanent Parcel No. 118-18-070 as as shown by the recorded plat in Sublot No. 65 in Southern and Cham- more fully described below, to Voca- Volume 11 of Maps, Page 42 of berlain’s Allotment of part of Origi- tional Guidance Services. Cuyahoga County Records and nal East Cleveland Township Lots Section 18. That the real property being 45 feet front on the Northerly Nos. 334 and 335. Said Easterly half to be sold pursuant to this Ordi- side of Thackeray Avenue, S.E., and of said Sublot No. 65 has a frontage nance is more fully described as fol- extending back 149.00 feet on the of fifty feet on the Northerly side of lows: Easterly line, 154.00 feet on the Thackery Avenue (formerly Fourth Westerly line and having a broken Avenue) and extends back between P. P. No. 118-18-070 rear line of 47.07 feet, as appears by parallel lines 154 feet deep to a 16 Situated in the City of Cleveland, said plat, be the same more or less, foot alley, according to the plat of County of Cuyahoga and State of but subject to all legal highways. said Allotment recorded in Volume Ohio, and known as being the West- Also subject to all zoning ordi- 11, Pages 42 and 43, Cuyahoga Coun- erly 40 feet of Sublot No. 67 in L.M. nances, if any. ty Records of Maps, be the same Southern and W.S. Chamberlain’s Section 23. That pursuant to Sec- more or less, but subject to all legal Subdivision of a part of Original tion 183.021 of the Codified Ordi- highways. One Hundred Acre Lots Nos. 334 and nances of Cleveland, Ohio 1976, the Also subject to all zoning ordi- 335, as shown by the recorded plat Commissioner of Purchases and Sup- nances, if any. in Volume 11 of Maps, Page 42 of plies is hereby authorized to sell Subject to restriction recited in Cuyahoga County Records, and Permanent Parcel No. 118-18-088 as Volume 317, Page 171 of Cuyahoga being 40 feet front on the Northerly more fully described below, to Voca- County Records filed December 1, side of Thackeray Avenue, S.E., tional Guidance Services. 1880. (formerly Fourth Avenue), and Section 24. That the real property Section 13. That pursuant to Sec- extending back between parallel to be sold pursuant to this Ordi- tion 183.021 of the Codified Ordi- lines 154 feet to the Southerly line nance is more fully described as fol- nances of Cleveland, Ohio 1976, the of Tivoli Court, S.E., a 16 foot alley, lows: Commissioner of Purchases and Sup- as appears by said plat, be the same plies is hereby authorized to sell more or less, but subject to all legal P. P. No. 118-18-088 Permanent Parcel No. 118-18-068 as highways. Situated in the City of Cleveland, more fully described below, to Voca- Also subject to all zoning ordi- County of Cuyahoga and State of tional Guidance Services. nances, if any. Ohio, and known as being the West- Section 14. That the real property Section 19. That pursuant to Sec- erly 50 feet from front to rear, of to be sold pursuant to this Ordi- tion 183.021 of the Codified Ordi- Sublot No. 83 in L.M. Southern and nance is more fully described as fol- nances of Cleveland, Ohio 1976, the W.S. Chamberlain’s Subdivision of lows: Commissioner of Purchases and Sup- part of Original One Hundred Acre plies is hereby authorized to sell Lots Nos. 334 and 335, as shown by P. P. No. 118-18-068 Permanent Parcel No. 118-18-071 as the recorded plat in Volume 11 of Situated in the City of Cleveland, more fully described below, to Voca- Maps, Pages 42 and 43 of Cuyahoga County of Cuyahoga and State of tional Guidance Services. County Records, and being 50 feet Ohio, and known as being the West- Section 20. That the real property front on the Southerly side of Fifth erly 50 feet from front to rear of to be sold pursuant to this Ordi- Avenue (now known as Longfellow Sublot No. 66 in L.M. Southern and nance is more fully described as fol- Avenue, S.E.) and extending back of W.S. Chamberlain’s Subdivision of lows: equal width 154 feet deep to the 1753 88 The City Record July 25, 2001

Northerly line of a 16 foot alley ed plat in Volume 11 of Maps, Page Lots Nos. 334 and 335, as shown by (now known as Trivoli Court, S.E.,) 42 of Cuyahoga County Records and the recorded plat in Volume 11 of as appears by said plat, be the same being 33 feet front on the Southerly Maps, Page 42 of Cuyahoga County more or less, but subject to all legal side of Longfellow Avenue, S.E., and Records and being 43 feet front on highways. extending back of equal width 154 the Southerly side of Longfellow Section 25. That pursuant to Sec- feet to the Northerly line of Tivoli Avenue, S.E., and extending back tion 183.021 of the Codified Ordi- Court, S.E., as appears by said plat, between parallel lines 60 feet as nances of Cleveland, Ohio 1976, the be the same more or less, but sub- appears by said plat. Commissioner of Purchases and Sup- ject to all legal highways. Subject to zoning ordinances, if plies is hereby authorized to sell Section 31. That pursuant to Sec- any. Permanent Parcel. No. 118-18-089 as tion 183.021 of the Codified Ordi- Section 35. That the authority of more fully described below, to Voca- nances of Cleveland, Ohio 1976, the the Commissioner of Purchases and tional Guidance Services. Commissioner of Purchases and Sup- Supplies to effect all conveyances Section 26. That the real property plies is hereby authorized to sell identified in Sections 1 through 34 to be sold pursuant to this Ordi- Permanent Parcel No. 118-18-092 as above is expressly conditioned upon, nance is more fully described as fol- more fully described below, to Voca- and shall not take effect until, the lows: tional Guidance Services. Grantee delivers to the City’s chosen Section 32. That the real property escrow agent a certified statement P. P. No. 118-18-089 to be sold pursuant to this Ordi- (satisfactory to the City’s Director Situated in the City of Cleveland, nance is more fully described as fol- of Economic Development) confirm- County of Cuyahoga and State of lows: ing that Grantee has earmarked Ohio, and known as being the East- bank account balances securing not erly 50 feet of Sublot No. 84 in L.N. P. P. No. 118-18-092 less than 60% of Grantee’s out- Southern and W.S. Chamberlain’s Situated in the City of Cleveland, standing Eight Million Four Hun- Subdivision of part of Original New- County of Cuyahoga and State of dred Thousand Dollars and No/100 burgh Township Lots Nos. 334 and Ohio, and known as being the West- ($8,400,000) development cost for the 335 as shown by the recorded plat erly 67 feet of Sublot No. 85 in the Project. of said Subdivision in Volume 11 of Southern and Chamberlain’s Allot- Section 36. That all documents Maps, Page 42 of Cuyahoga County ment of part of Original One Hun- necessary to complete the con- Records, and being 50 feet front on dred Acre Lot No. 334, as shown by veyance authorized by this ordi- the Southerly side of Longfellow the recorded plat in Volume 11 of nance shall be executed within six Avenue, S.E., (formerly Fifth Maps, Page 42 of Cuyahoga County (6) months of the effective date of Avenue) and extending back of Records and bounded and described this ordinance. If all of the docu- equal width 154 feet to a 16 foot as follows: ments are not executed within six alley, as appears by said plat, be the Beginning on the Southerly line of (6) months of the effective date of same more or less, but subject to all Longfellow Avenue at its point of this ordinance, or such additional legal highways. intersection with the Easterly line time as may be granted by the Section 27. That pursuant to Sec- of East 57th Street; thence Easterly Director of Community Develop- tion 183.021 of the Codified Ordi- along the Southerly line of Longfel- ment, this ordinance shall be nances of Cleveland, Ohio 1976, the low Avenue, S.E., 67 feet; thence repealed and shall be of no further Commissioner of Purchases and Sup- Southerly and parallel with the force or effect. plies is hereby authorized to sell Easterly line of said Sublot No. 85, Section 37. That the consideration Permanent Parcel No. 118-18-090 as 154 feet to the Northerly line of for the subject parcel shall be estab- more fully described below, to Voca- Tivoli Court, S.E.; thence Westerly lished by the Board of Control and tional Guidance Services. along said Northerly line 62 feet to shall be not less than Fair Market Section 28. That the real property an angle in said line; thence North- Value taking into account such to be sold pursuant to this Ordi- westerly 7.07 feet to a point in the terms and conditions, restrictions nance is more fully described as fol- Easterly line of East 57th Street; and covenants as are deemed nec- lows: thence Northerly along the Easterly essary or appropriate. line of East 57th Street, 149 feet to Section 38. That the conveyance P. P. No. 118-18-090 the place of beginning, be the same authorized hereby shall be made by Situated in the City of Cleveland, more or less, but subject to all legal official deed prepared by the Direc- County of Cuyahoga and State of highways. tor of Law and executed by the Ohio, and known as being the West- Section 33. That pursuant to Sec- Mayor on behalf of the City of erly half from front to rear of Sublot tion 183.021 of the Codified Ordi- Cleveland. The deed shall contain No. 84 in L.M. Southern and W.S. nances of Cleveland, Ohio 1976, the such provisions as may be necessary Chamberlain’s Subdivision of part of Commissioner of Purchases and Sup- to protect and benefit the public Original One Hundred Acre Lot Nos. plies is hereby authorized to sell interest including such restrictive 334 and 335, as shown by the record- Permanent Parcel No. 118-18-093 as covenants and reversionary inter- ed plat in Volume 11 of Maps, Page more fully described below, to Voca- ests as may be specified by the 42 of Cuyahoga County Records, and tional Guidance Services. Board of Control, the Director of being 50 feet front on the Southerly Section 34. That the real property Community Development or the side of Longfellow Avenue, S.E., to be sold pursuant to this Ordi- Director of Law. (formerly Fifth Avenue), and nance is more fully described as fol- Section 39. That this ordinance is extending back of equal width 154 lows: hereby declared to be an emergency feet to the Northerly line of a 16 foot measure and, provided it receives alley, as appears by said plat, be the P. P. No. 118-18-093 the affirmative vote of two-thirds of same more or less, but subject to all Parcel No. 1 all the members elected to Council, legal highways. Situated in the City of Cleveland, it shall take effect and be in force Also subject to zoning ordinances, County of Cuyahoga and State of immediately upon its passage and if any. Ohio, and known as being the East- approval by the Mayor; otherwise it Section 29. That pursuant to Sec- erly 44 feet of the Westerly 149 feet shall take effect and be in force tion 183.021 of the Codified Ordi- of the Northerly 60 feet of Sublot No. from and after the earliest period nances of Cleveland, Ohio 1976, the 4 in L. M. Southern and W.S. Cham- allowed by law. Commissioner of Purchases and Sup- berlain’s Subdivision of part of Orig- Passed July 18, 2001. plies is hereby authorized to sell inal One Hundred Acre Lots Nos. 334 Awaiting the approval or disap- Permanent Parcel No. 118-18-091 as and 335, as shown by the recorded proval of the Mayor. more fully described below, to Voca- plat in Volume 11 of Maps, Page 42 tional Guidance Services. of Cuyahoga County Records and Section 30. That the real property being 44 feet front on the Southerly to be sold pursuant to this Ordi- side of Longfellow Avenue, S.E., and Ord. No. 819-01. nance is more fully described as fol- extending back between parallel By Councilman Coats. lows: lines 60 feet as appears by said plat. An emergency ordinance authoriz- ing the Director of Community P. P. No. 118-18-091 Parcel No. 2 Development to enter into a grant Situated in the City of Cleveland, Situated in the City of Cleveland, agreement with The Oasis Develop- County of Cuyahoga and State of County of Cuyahoga and State of ment Corporation for funding their Ohio, and known as being the East- Ohio, and known as being the East- R.O.P.E.S. alternative school pro- erly 33 feet of Sublot No. 85 in South- erly 43 feet of the Northerly 60 feet gram in order to carry out the pub- ern and Chamberlain Allotment of of Sublot No. 4 in L. M. Southern and lic purpose of educating Cleveland part of Original One Hundred Acre W.S. Chamberlain’s Subdivision of children through the use of Ward 10 Lot No. 334 as shown by the record- part of Original One Hundred Acre Neighborhood Equity Funds. 1754 July 25, 2001 The City Record 89

Whereas, this ordinance consti- wide) and its Northerly and Souther- fessional reports as the Director of tutes an emergency measure provid- ly turn-outs extending Easterly from Finance may deem necessary for the ing for the usual daily operation of the Easterly line of Rocky River sale of the bonds or notes shall be a municipal department; now, there- Drive (width varies) to that portion paid from the proceeds of such fore of Westport Avenue S.W. vacated by bonds or notes, unless the payment Be it ordained by the Council of the Council of the City of Cleveland of such costs is otherwise provided the City of Cleveland: by Ordinance Number 1335-96, be and for. Within sixty (60) days of the Section 1. That the Director of the same is hereby vacated. closing of bonds and notes, an item- Community Development is autho- Section 2. That there be and here- ized list of all costs associated with rized to enter into a grant agree- by is reserved to the City of Cleve- the issuance of such bonds and ment with The Oasis Development land an easement for existing notes, both paid and owing, shall be Corporation for funding their Dominion East Ohio Gas equipment. provided by the Director of Finance R.O.P.E.S. alternative school pro- The description of the easement is to the President and Clerk of Coun- gram in order to carry out the pub- as follows: cil. lic purpose of educating Cleveland That portion of Westport Avenue (b) The Director of Finance shall children through the use of Ward 10 S.W. (54.00 feet wide) and its have authority to procure the print- Neighborhood Equity Funds. Northerly and Southerly turn-outs ing of bonds and notes of the City Section 2. That the cost of said extending Easterly from the East- and of an official statement and contract shall be in an amount not erly line: of Rocky River Drive related documents without competi- to exceed $16,000 and shall be paid (width varies) to that portion of tive bidding, when in the judgment from Fund No. 10 SF 166. Westport Avenue S.W. vacated by of the Board of Control, it is in the Section 3. That the Director of the Council of the City of Cleveland best interests of the City that such Law shall prepare and approve said by Ordinance Number 1335-96. requirement be waived. contract and that the contract shall That no structures shall be here- (c) The Director of Finance shall contain such terms and provisions after erected on the premises procure the services of financial as he deems necessary to protect the described in this easement except advisors, underwriters, various pro- City’s interest. those constructed in accordance fessional services and the prepara- with the approval of, and in com- Section 4. That this ordinance is tion of professional reports, includ- pliance with, plans approved by the hereby declared to be an emergency ing but not limited to accounting, Dominion East Ohio Gas Company, measure and, provided it receives engineering, and all other profes- the affirmative vote of two-thirds of of the City of Cleveland. sional reports, as the Director may all the members elected to Council, Section 3. That the Clerk of Coun- deem necessary or desirable for the it shall take effect and be in force cil be and is hereby directed to noti- sale of the bonds or other obliga- immediately upon its passage and fy the Auditor of Cuyahoga County tions only after approval of legisla- approval by the Mayor; otherwise it of the vacation of all that portion of tion passed by City Council in which shall take effect and be in force Westport Avenue S.W., herein pro- the entities or individuals to serve from and after the earliest period vided by sending him a copy of this as financial advisor, underwriter allowed by law. ordinance. and all other professional consul- Passed July 18, 2001. Section 4. That this ordinance is Awaiting the approval or disap- hereby declared to be an emergency tants are specifically named and proval of the Mayor. measure and, provided it receives their duties are enumerated. the affirmative vote of two-thirds of (d) When bonds or other obliga- all the members elected to Council, tions of the City are to be sold, the it shall take effect and be in force Director of Law shall procure an Ord. No. 851-01. immediately upon its passage and opinion as to the validity of such By Councilman Sweeney (by de- approval by the Mayor; otherwise, it bonds or other obligations from an partmental request). shall take effect and be in force attorney accustomed to passing An emergency ordinance to vacate from and after the earliest period upon such questions, for the use and a portion of Westport Avenue S.W. allowed by law. benefit of the City and of any bid- hereinafter described. Passed July 18, 2001. der on or purchaser of such bonds Whereas, on the 22nd day of May Awaiting the approval or disap- or notes only after approval of leg- 2000, the Council of the City of proval of the Mayor. islation passed by City Council in Cleveland adopted Resolution No. which the attorney or law firm is 425-2000 declaring its intention to specifically named and their duties vacate a portion of Westport Avenue are enumerated. S.W., hereinafter described. Ord. No. 922-01. (e) The provisions of this section Whereas, notice of the adoption of By Councilmen Patmon, Polensek, apply to all bonds and notes of the the above Resolution No. 425-2000 O’Malley and Dolan. City, including those issued under has been served upon the owners of An emergency ordinance to amend Sections 3, 10, and 11 of Article all the property abutting Westport Section 177.10 of the Codified Ordi- XVIII of the Ohio Constitution and Avenue S.W. affected by said Reso- nances of Cleveland, Ohio, 1976, as other bonds or notes payable solely lution, notifying the said property enacted by Ordinance No. 2886-87, from earnings or revenues of a pro- owners of the time and place at passed December 21, 1987 relating to ject or activity and for the payment which objections can be heard bond expenses, services and legal of which the full faith and credit before the Board of Revision of opinions. of the City are not pledged and Assessments, and Whereas, this ordinance consti- specifically includes all bonds and Whereas, on the 24th day of April, tutes an emergency measure provid- notes to be issued for the purpose 2001, the Board of Revision of ing for the usual daily operation of of refunding outstanding indebted- Assessments approved the vacation a municipal department; now, there- n e s s . of the Westport Avenue S.W., herein- fore Section 2. That existing Section after described, in accordance with Be it ordained by the Council of 177.10 of the Codified Ordinances of the provisions of Section 176 of the the City of Cleveland: Cleveland, Ohio, 1976, as enacted by Charter of the City of Cleveland; and Section 1. That Section 177.10 of Ordinance No. 2886-87, passed Decem- Whereas, this Council is satisfied the Codified Ordinances of Cleve- ber 21, 1987, is hereby repealed. that there is good cause for vacat- land, Ohio, 1976, as enacted by Ordi- Section 3. That this ordinance is ing Westport Avenue S.W., here- nance No. 2886-87, passed December hereby declared to be an emergency inafter described and that it will not 21, 1987 is hereby amended to read measure and, provided it receives be detrimental to the general inter- as follows: the affirmative vote of two-thirds of est and ought to be made; and all the members elected to Council, Whereas, this ordinance consti- Section 177.10 Expenses, Services it shall take effect and be in force tutes an emergency measure provid- and Legal Opinion immediately upon its passage and ing for the usual daily operation of (a) The cost of advertising the approval by the Mayor; otherwise it a municipal department; now, there- sale of the cost of printing and sign- shall take effect and be in force fore, ing of bonds and notes of the City from and after the earliest period Be it ordained by the Council of and of an official statement and allowed by law. the City of Cleveland: related documents, and the cost of Passed July 18, 2001. Section 1. That all that portion of the approving opinion herein pro- Awaiting the approval or disap- Westport Avenue S.W. (54.00 feet vided for and the cost of such pro- proval of the Mayor. 1755 90 The City Record July 25, 2001

Ord. No. 923-01. By Councilman Polensek. An emergency ordinance to transfer the sum of Seven Hundred Fifty Thousand Dollars ($750,000) from Other Funds within the General Fund to the Department of Safety, Division of Police. Whereas, the Council of the City of Cleveland allocated $250,000 in the 2001 budget toward the goal of ending the “Straight Release policy” of the Administration, of which $125,000 had been allocated to the Law Department and $125,000 had been allocated to the House of Correction; and Whereas, Council was informed by letter dated May 7, 2001, that the Administration estimated the cost of end- ing the “Straight Release policy” to be $910,000; and Whereas, this Council is vehemently opposed to Straight Release and renews its call that it be ended immediately; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the sum of seven hundred fifty thousand dollars ($750,000) is hereby transferred as follows:

FROM TO

DEPARTMENT OF PUBLIC SAFETY

Division of Police I. Personnel and Related Expenses $ __ _ _ $ 750,000 II. Other Expenses $ __ _ _ $ ______TOTAL DEPARTMENT OF PUBLIC SAFETY $ __ _ _ $ 750,000

TRANSFERS TO OTHER FUNDS

II. Other Expenses $ 750,000 $ ______TOTAL TRANSFERS TO OTHER FUNDS $ 750,000 __ _ _

TOTAL GENERAL FUND $ 750,000 $ 750,000

Section 2. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed July 18, 2001. Awaiting the approval or disapproval of the Mayor.

Ord. No. 937-01. measure and, provided it receives rials necessary to maintain and By Councilman White. the affirmative vote of two-thirds of repair elevators, escalators and mov- An emergency ordinance authoriz- all the members elected to Council, ing walkways, in the approximate ing the Director of Community it shall take effect and be in force amount as purchased during the pre- Development to enter into a grant immediately upon its passage and ceding term, to be purchased by the agreement with Umoja and Kuumba approval by the Mayor; otherwise it Commissioner of Purchases and Sup- Youth Association for providing a shall take effect and be in force plies upon a unit basis for the Divi- cheerleading program in order to from and after the earliest period sion of Cleveland Hopkins Interna- carry out the public purpose of pro- allowed by law. tional Airport, Department of Port viding recreational activities Passed July 18, 2001. Control. Bids shall be taken in such through the use of Ward 2 Neigh- Awaiting the approval or disap- manner as to permit an award to be borhood Equity Funds. proval of the Mayor. made for all items as a single con- Whereas, this ordinance consti- tract, or by separate contract for tutes an emergency measure provid- each or any combination of said ing for the usual daily operation of items as the Board of Control shall a municipal department; now, there- Ord. No. 1009-01. determine. Alternate bids for a peri- fore By Mayor White. od less than two years may be taken Be it ordained by the Council of An emergency ordinance authoriz- if deemed desirable by the Commis- the City of Cleveland: ing the purchase by requirement sioner of Purchases and Supplies Section 1. That the Director of contract of labor and materials nec- until provision is made for the Community Development is autho- essary to maintain and repair ele- requirements for the entire term. rized to enter into a grant agree- vators, escalators and moving walk- Section 2. That the cost of said ment with Umoja and Kuumba ways, for the Division of Cleveland contract shall be charged against Youth Association for providing a Hopkins International Airport, the proper appropriation account cheerleading program in order to Department of Port Control, for a and the Director of Finance shall carry out the public purpose of pro- period not to exceed two years. certify thereon the amount of the viding recreational activities Whereas, this ordinance consti- initial purchase thereunder, which through the use of Ward 2 Neigh- tutes an emergency measure provid- purchase, together with all subse- borhood Equity Funds. ing for the usual daily operation of quent purchases, shall be made on Section 2. That the cost of said a municipal department; now, there- order of the Commissioner of Pur- contract shall be in an amount not fore chases and Supplies pursuant to a to exceed $5,000 and shall be paid Be it ordained by the Council of requisition against such contract from Fund No. 10 SF 166. the City of Cleveland: duly certified by the Director of Section 3. That the Director of Section 1. That the Director of Finance. (RL 30954) Law shall prepare and approve said Port Control is hereby authorized to Section 3. That this ordinance is contract and that the contract shall make a written requirement contract hereby declared to be an emergency contain such terms and provisions in accordance with the Charter and measure and, provided it receives as he deems necessary to protect the the Codified Ordinances of Cleve- the affirmative vote of two-thirds of City’s interest. land, Ohio, 1976, for the requirements all the members elected to Council, Section 4. That this ordinance is for the period of two years of the it shall take effect and be in force hereby declared to be an emergency necessary items of labor and mate- immediately upon its passage and 1756 July 25, 2001 The City Record 91 approval by the Mayor; otherwise it to exceed Eight Million Dollars pedestrian-oriented retail shopping shall take effect and be in force ($8,000,000). activity exists or is expected to from and after the earliest period Section 2. That the cost of said exist and such street frontage is allowed by law. contract hereby authorized shall be specifically designated on the Zon- Passed July 18, 2001. paid from Fund Nos. 60 SF 001, 60 ing Map. Awaiting the approval or disap- SF 104, 60 SF 105, 60 SF 106, pas- (2) “Pedestrian Retail Space” proval of the Mayor. senger facility charges and the fund means that portion of a building or and/or subfunds to which are cred- property located at or closest to the ited the proceeds of any general air- level of the public sidewalk and port revenue bonds, federal grants, within forty (40) feet of a Pedestri- Ord. No. 1011-01. state grants, and local grants issued an Retail Street Frontage. By Mayor White. for the purposes of this contract, (3) “ Open Sales Lot” means a prop- An emergency ordinance authoriz- Request No. 30959. erty or portion thereof used for the ing the Director of Port Control to Section 3. That this ordinance is sale of merchandise stored in out- enter into contract with Cleveland hereby declared to be an emergency door, unenclosed locations. Metropolitan Park District for the measure and, provided it receives (4) “Institutional Use” means, for purchase of certain real property in the affirmative vote of two-thirds of purposes of this section, a school, accordance with the July 31, 2000 all the members elected to Council, day care center, place of worship, letter agreement between the City it shall take effect and be in force place of assembly, hospital, nursing and the Cleveland Metroparks. immediately upon its passage and home, residential treatment facility, Whereas, this ordinance consti- approval by the Mayor; otherwise it or similar use. tutes an emergency measure provid- shall take effect and be in force (5) “Non-Retail Office” means an ing for the usual daily operation of from and after the earliest period office use whose primary activity does not involve service to cus- a municipal department; now, there- allowed by law. tomers or clients on the premises. fore, Passed July 18, 2001. (e) Use Regulations. All uses per- Be it ordained by the Council of Awaiting the approval or disap- mitted in the underlying retail zon- proval of the Mayor. the City of Cleveland: ing district shall be permitted in the Section 1. That the Director of PRO District, except that the use of Port Control is hereby authorized to Pedestrian Retail Spaces, as defined enter into contract with the Cleve- herein, shall be further limited as land Metropolitan Park District for Ord. No. 1020-01. follows. an amount not to exceed $350,000.00 By Councilman Cimperman (by (1) Prohibited Uses. For Pedestri- for the purchase of land, per the let- departmental request). an Retail Spaces, as defined herein, ter agreement between the City and An emergency ordinance to sup- the following uses shall be prohib- the Cleveland Metroparks. plement the Codified Ordinances of ited: Section 2. That the cost of said Cleveland, Ohio, 1976, by enacting A. open sales lots, as defined here- contract hereby authorized shall be new Section 343.23 thereof, relating in; paid from Fund Nos. 60 SF 001, 60 to pedestrian retail overlay district. B. filling and service stations; SF 104, 60 SF 105, 60 SF 106, pas- Whereas, this ordinance consti- C. car washes; senger facility charges and the fund tutes an emergency measure provid- D. lanes serving a drive-through and/or subfunds to which are cred- ing for the usual daily operation of facility. ited the proceeds of any general air- a municipal department; now, there- (2) Conditional Uses. For Pedes- port revenue bonds, federal grants, fore trian Retail Spaces, as defined here- state grants, and local grants issued Be it ordained by the Council of in, the following uses shall be per- for the purposes of this contract, the City of Cleveland: mitted as Conditional Uses, as Request No. 30960. Section 1. That the Codified Ordi- approved by the City Planning Com- Section 3. That this ordinance is nances of Cleveland, Ohio, 1976 are mission in accordance with the hereby declared to be an emergency hereby supplemented by enacting approval criteria provided in this measure and, provided it receives new Section 343.23 thereof to read as section: the affirmative vote of two-thirds of follows: A. off-street parking or loading all the members elected to Council, areas; it shall take effect and be in force Section 343.23 Pedestrian Retail B. driveways extending across a immediately upon its passage and Overlay (PRO) District public sidewalk; approval by the Mayor; otherwise it (a) Purpose. The Pedestrian C. residential, institutional and shall take effect and be in force Retail Overlay (PRO) District is non-retail office uses, as defined from and after the earliest period established to maintain the econom- herein, except that ground-floor allowed by law. ic viability of older neighborhood entrances and lobbies serving such Passed July 18, 2001. shopping districts by preserving the uses located on upper floors or in a Awaiting the approval or disap- pedestrian-oriented character of basement level shall be permitted proval of the Mayor. those districts and to protect public without the requirement for condi- safety by minimizing conflicts tional approval; between vehicles and pedestrians in D. any building-enclosed use that neighborhood shopping districts. does not have a public pedestrian Ord. No. 1013-01. (b) Mapping. The PRO District is entrance from the Pedestrian Retail By Mayor White. an overlay district which shall be Street Frontage; An emergency ordinance authoriz- mapped only in an area where at E. any use with more than forty ing the Director of Port Control to least seventy five (75%) of the (40) feet of frontage along the Pedestrian Retail Street Frontage; enter into agreements with public underlying zoning is either Local F. a building with an interior side authorities to pay or reimburse Retail or General Retail. In every yard more than four (4) feet in directly related costs incurred by PRO District, any street frontage to width and located within forty (40) be considered a “Pedestrian Retail such entities for the purpose of feet of a Pedestrian Retail implementing the wetland and Street Frontage,” as defined herein, Frontage. stream mitigation programs, for the shall be so marked on the Zoning (f) Criteria for Conditional Uses. Department of Port Control. Map, with either one or both sides The City Planning Commission shall Whereas, this ordinance consti- of a street designated as such. approve a Conditional Use applica- tutes an emergency measure provid- (c) Applicability. The PRO Dis- tion if it determines that the appli- ing for the usual daily operation of trict regulations shall apply only in cation meets the following criteria. a municipal department; now, there- those portions of a PRO District in (1) In the case of a proposed res- fore which the underlying zoning is idential, institutional or non-retail Be it ordained by the Council of either Local Retail or General office use, one or more of the fol- the City of Cleveland: Retail. In the relevant portions of a lowing conditions apply. Section 1. That the Director of PRO District, the regulations of the A. The subject building space was Port Control is hereby authorized to underlying zoning district shall gov- designed specifically for the type of enter into agreements with public ern except where in conflict with use proposed and, as such, occupan- authorities necessary to pay or the regulations of the PRO District, cy by an allowed use is an unrea- reimburse directly related costs in which case the regulations of the sonable expectation. incurred by such entities for the PRO District shall govern. B. Denial of the application for purpose of implementing the wet- (d) Definitions. As used in this occupancy by a conditional use land and stream mitigation pro- section, the following terms shall be would result in a long-term vacancy grams as required by federal law defined as stated below. of the subject property, as demon- pursuant to the Federal Aviation (1) “Pedestrian Retail Street strated by the applicant. Administration’s Environmental Frontage” means that side or sides C. It has been determined that the Impact Statement in an amount not of a public street frontage where proposed use is needed in the imme- 1757 92 The City Record July 25, 2001 diate area and that suitable alter- years or more, the setback area interests herein described for the native locations are unavailable. shall be landscaped or otherwise public purpose of the elimination of (2) In the case of a proposed off- improved in accordance with a plan condition of blight and deterioration street parking or loading area or approved by the City Planning Com- and the recurrence thereof by the driveway, one or both of the fol- mission. creation of a mixed-use development lowing conditions apply. (h) Window Areas. For any non- including residential, retail and A. The size, shape or layout of the residential building or storefront accessory parking uses; and subject property does not permit facing a Pedestrian Retail Street Whereas, notice of the adoption of placement of the parking, loading or Frontage, not less than sixty per- such Resolution has been served driveway in a more suitable location. cent (60%) of the front facade upon the persons in possession or B. It has been demonstrated by between 2.5 and 7.5 feet in height having an interest in such property; the applicant that placement of the shall be composed of transparent and parking, loading or driveway in an windows or doors. In addition, not Whereas, this ordinance consti- allowed location would jeopardize more than twenty-five percent tutes an emergency measure provid- the continued occupancy of the sub- (25%) of such window or door area ing for the usual daily operation of ject property by uses suited to the on a building or storefront shall be a municipal department; now, there- PRO District. covered with permanent signs. fore (3) In the case of a building- (i) Parking. In recognition of the Be it ordained by the Council of enclosed use that does not have an expected greater use of public tran- the City of Cleveland: entrance from the Pedestrian Retail sit, bicycles and walking by cus- Section 1. That for the public pur- Street Frontage, one or both of the tomers and employees traveling to pose of the elimination of condition following conditions apply. PRO Districts, the minimum number of blight and deterioration and the A. The proposed use will occupy of parking spaces otherwise recurrence thereof by the creation of an existing building that lacks such required by the Zoning Code shall a mixed-use development including pedestrian entrance, and the addi- be reduced by thirty-three percent residential, retail and accessory tion of a conforming pedestrian (33%) for retail business uses in parking uses, the following entrance is made infeasible by the such districts. The Board of Zoning described fee simple interests be and configuration of the interior space or Appeals may further reduce parking the same are hereby appropriated: other factors related to the design requirements where it has been and placement of the building. demonstrated that additional park- 1936 West 25th Street B. Placement of the pedestrian ing is available in common or Permanent Parcel Nos. 003-38-019, entrance in a location other than on shared parking facilities or in on- 020, 027 and 056 the Pedestrian Retail Street street parking areas located within Frontage will result in more suit- a reasonable walking distance of Parcel No. 1: able pedestrian access. the use, given the nature of the use Situated in the City of Cleveland, (4) In the case of a proposed use and the district. The Board shall County of Cuyahoga and State of with more than forty (40) feet of also consider such factors as the Ohio, and known as being part of frontage along the Pedestrian Retail number of bicycle racks available in Sublot Nos. 431 and 432 in Barber Street Frontage, the subject space proximity to a use. In making its and Lord’s Subdivision of part of was designed for use at such size determination, the Board shall be Original Brooklyn Township Lot and the proposed use, in the deter- guided by an up-to-date analysis of Nos. 51, 52, 69 and 70, as shown by mination of the City Planning Com- parking supply and demand and the recorded plat in Volume 11 of mission, will not have adverse other relevant factors submitted by Maps, Page 26 of Cuyahoga County impacts on the functioning of near- or on behalf of the applicant. The Records, and together forming a by pedestrian-oriented retail uses. City Planning Commission shall parcel of land bounded and (5) In the case of an interior side maintain a file of all such parking described as follows: yard more than four (4) feet in analyses submitted for properties in Beginning in the Southwesterly width and located within forty (40) line of West 25th Street (formerly each PRO District. feet of a Pedestrian Retail Pearl Street) at the most Easterly (j) Va r i a n c e s . The Board of Zon- Frontage, the subject building will corner of said Sublot No. 431; ing Appeals may grant variances to be occupied by residential units Thence North 30° 56' 00" West requirements of this section in accor- which require the greater side yard along said Southwesterly line of area to allow for desirable levels of dance with the applicable criteria West 25th Street, 66.37 feet to the stated in Chapter 329 of this code. light and air. most Easterly corner of said Sublot (g) Maximum Setbacks. Notwith- (k) Appeals. Appeals from the No. 432; standing the provisions of the decision of the City Planning Com- Thence South 58° 51' 25" West underlying zoning district, proper- mission to approve or disapprove along the Southeasterly line of said ties in PRO Districts shall conform Conditional Uses in Pedestrian Sublot No. 432, 197 feet to the most to the following regulations with Retail Spaces shall be made to the Southerly corner of a parcel of land respect to maximum setbacks. Board of Zoning Appeals. conveyed to James Kane by deed (1) Front Street Yard. No main Section 2. That this ordinance is dated March 15, 1851 and recorded building on a lot abutting a Pedes- hereby declared to be an emergency in Volume 50, Page 362 of Cuyahoga trian Retail Street Frontage shall be measure and, provided it receives County Records; set back more than five (5) feet the affirmative vote of two-thirds of Thence North 30° 56' 00" West from the Pedestrian Retail Street all the members elected to Council, along the Southwesterly line of said Frontage unless the City Planning it shall take effect and be in force land conveyed to James Kane, 57 Commission has approved establish- immediately upon its passage and feet to the Southeasterly line of Car- ment of a surface parking lot in approval by the Mayor; otherwise it roll Avenue, N.W.; such location as a Conditional Use. shall take effect and be in force Thence South 58° 51' 00" West Such building features as entrances from and after the earliest period along said Southeasterly line of Car- and display windows may be set allowed by law. roll Avenue, N.W., 42.66 feet to its back up to an additional five (5) Passed July 18, 2001. intersection with the Northeasterly feet as long as these features occu- Awaiting the approval or disap- line of West 26th Street (formerly py no more than fifty percent (50%) proval of the Mayor. McLean Street); of the a building’s total frontage. Thence South 30° 54' 05" East These setback regulations shall not along said Northeasterly line of apply to portions of buildings above West 26th Street, 122.62 feet to a the first-story level. Ord. No. 1024-01. point distant North 30° 54' 05" West (2) Interior Side Yard. No portion By Councilmen Cintron, Melena, 0.71 of a foot from the most Souther- of an interior side yard located with- Cimperman and Patmon (by depart- ly corner of said Sublot No. 431; in forty (40) feet of a Pedestrian mental request). Thence North 59° 02' 50" East Retail Street Frontage shall exceed An emergency ordinance to ap- along the Northwesterly face of a four (4) feet in width on the ground propriate property for the public five story brick building, 40.61 feet; floor level, unless the City Planning purpose of the elimination of condi- Thence North 58° 43' 20" East Commission has approved a drive- tion of blight and deterioration and along the Northwesterly face of said way or a residential side yard in the recurrence thereof by the cre- five story brick building, 48.72 feet; such location as a Conditional Use. ation of a mixed-use development Thence North 59° 00' 50" East (3) Exceptions for Outdoor Cafes. including residential, retail and along the Northwesterly face of said A building may be set back a max- accessory parking uses. five story brick building, 76.14 feet; imum of fifteen (15) feet from the Whereas, the Council of the City Thence North 59° 35' 50" East Pedestrian Retail Street Frontage in of Cleveland, by Resolution No. 940- along the Northwesterly face of said order to accommodate a permanent 01, adopted June 19, 2001 declared five story brick building, 21.07 feet; outdoor café. If use of such café is the necessity and intention of appro- Thence North 59° 13' 50" East discontinued for a period of two (2) priating the fee simple property along the Northwesterly face of said 1758 July 25, 2001 The City Record 93 five story brick building, 36.19 feet Whereas, the owner of St. Philip Whereas, this ordinance consti- to the Southeasterly line of said Christian Church has been properly tutes an emergency measure provid- Sublot No. 431; notified of the proposed designation ing for the usual daily operation of Thence North 58° 51' 50" along and has consented in writing to the a municipal department; now, there- said Southeasterly line of Sublot No. proposed designation, and fore, 431, 17 feet to the place of beginning, Whereas, the Commission has rec- Be it ordained by the Council of according to a survey dated August ommended designation of St. Philip the City of Cleveland: 26, 1949, by the National Survey Ser- Christian Church as a landmark and Section 1. That pursuant to Sec- vice, Inc., Civil Engineers and Sur- has set forth certain findings of fact tion 183.14 of the Codified Ordi- veyors, be the same more or less, but constituting the basis for its deci- nances of Cleveland, Ohio, 1976, the subject to all legal highways. sion; and Director of Community Development Whereas, this ordinance consti- is authorized to transfer the follow- Parcel No. 2: tutes an emergency measure provid- ing described property to the con- Situated in the City of Cleveland, ing for the immediate preservation trol, possession and use of the County of Cuyahoga and State of of the public peace, property, health, Department of Parks, Recreation Ohio, and known as being part of and safety in that the immediate and Properties: Sublot No. 432 in Barber and Lord’s protection of the historic landmark Subdivision of part of Original is necessary to safeguard the spe- P. P. No. 126-14-016 Brooklyn Township Lots Nos. 51, 52, cial historical, community, or aes- Situated in the City of Cleveland, 69 and 70, as shown by the record- thetic interest or value in the land- County of Cuyahoga and State of ed plat in Volume 11 of Maps, Page mark; now therefore Ohio, and known as being the East- 26 of Cuyahoga County Records, and Be it ordained by the Council of erly part of Sublot No. 131 in Hamil- bounded and described as follows: the City of Cleveland: ton and Wayman’s Subdivision of Beginning in the Southwesterly Section 1. That St. Philip Christ- part of Original One Hundred Acre line of West 25th Street, (formerly ian Church, whose street address in Lot No. 416, as shown by the record- Pearl Street), at a point distant the City of Cleveland is 2303 East ed plat in Volume 5 of Maps, Page Northwesterly (measured along said 30th Street, S. E., also known as 22 of Cuyahoga County Records, and Southwesterly line of West 25th Cuyahoga County Auditor’s perma- bounded and described as follows: Street), 1.25 feet from the most East- nent parcel numbers 103-28-002 and Beginning at a point in the West- erly corner of said Sublot No. 432; 103-28-003 and 103-28-004 and the land erly line of East 93rd Street, (for- Thence Southeasterly along said embracing the site thereof, which in merly Oakdale Street), at the North- Southwesterly line of West 25th its entirety is a property having spe- easterly corner of said Sublot No. Street 1.25 feet to said most Easter- cial character or special historical 131; thence Westerly along the ly corner of Sublot No. 432; or aesthetic value as part of the Northerly line of said Sublot No. 131, Thence Southwesterly along the development, heritage, or cultural 77 feet to a point; thence Southerly Southeasterly line of said Sublot No. characteristics of the City, State, or parallel with said Westerly line of 432, 197 feet to the most Southerly the United States, be and it hereby said East 93rd Street, 32 feet 2 corner of a parcel of land conveyed is designated a landmark pursuant inches to a point; thence Easterly to James Kane by deed dated March to Chapter 161 of the Codified Ordi- parallel with the Northerly line of 15, 1851, and recorded in Volume 50, nances of Cleveland, Ohio, 1976. Cumberland Avenue, S.E., 14 feet to Page 362 of Cuyahoga County Section 2. That this ordinance is a point thence Southerly parallel Records; hereby declared to be an emergency with said Westerly line of East 93rd Thence Northwesterly along the measure and, provided it receives Street, 14 feet 10 inches to the Southwesterly line of said land con- the affirmative vote of two-thirds of Southerly line of said Sublot No. 131; veyed to James Kane, 1.57 feet to all the members elected to Council, thence Easterly along said Souther- the Southeasterly face of a concrete it shall take effect and be in force ly line of said Sublot No. 131, 63 feet block partition wall; immediately upon its passage and to the Westerly line of East 93rd Thence Northeasterly in a direct approval by the Mayor; otherwise it Street; thence Northerly along the line and along the Southeasterly shall take effect and be in force Westerly line of East 93rd Street, to face of said concrete block partition from and after the earliest period the place of beginning, as appears wall, 197 feet to the principal place allowed by law. by said plat, be the same more or of beginning, according to a survey Passed July 18, 2001. less, but subject to all legal high- dated August 26, 1949, by the Nation- Awaiting the approval or disap- ways. al Survey Service, Inc., Civil Engi- proval of the Mayor. Subject to zoning ordinances, if neers and Surveyors, be the same any. more or less, but subject to all legal highways P. P. No. 126-14-017 Section 2. That the Director of Ord. No. 1037-01. Situated in the City of Cleveland, Law is directed to apply to a court By Councilmen Johnson, Melena, County of Cuyahoga and State of of competent jurisdiction to have a Rybka, Cimperman and Patmon (by Ohio, and known as being the East- jury impaneled to make inquiry into departmental request). erly 63 feet of Sublot No. 132 in and assess the compensation to be An emergency ordinance authoriz- Hamilton and Wyman’s Subdivision paid for the fee simple interests ing the Director of Community of part of Original One Hundred hereinbefore described. Development to transfer property to Acre Lot No. 416 as shown by the Section 3. That this ordinance is the control, possession and use of recorded plat in Volume 5 of Maps, hereby declared to be an emergency the Department of Parks, Recreation Page 22 of Cuyahoga County measure and, provided it receives and Properties, for Phase II of the Records and being 46 feet 2 inches the affirmative vote of two-thirds of Woodland Recreation Center project. front on the Westerly side of East all the members elected to Council, Whereas, the Department of Com- 93rd Street, (formerly Oakdale it shall take effect and be in force munity Development desires to Street) and extending back of equal immediately upon its passage and transfer certain property under its width 63 feet along the Northerly approval by the Mayor; otherwise it control to the Department of Parks, line of Cumberland Avenue, (for- shall take effect and be in force Recreation and Properties; and merly Charles Street) as appears by from and after the earliest period Whereas, Section 183.14 of the said plat, be the same more or less, allowed by law. Codified Ordinances of Cleveland, but subject to all legal highways. Passed July 18, 2001. Ohio, 1976, requires that such trans- Subject to zoning ordinances, if Awaiting the approval or disap- fer be preceded by an ordinance of any. proval of the Mayor. council approving the transfer; and Whereas, the property to be trans- P. P. No. 126-14-018 ferred is a component of the City of Situated in the City of Cleveland, Cleveland’s land reutilization pro- County of Cuyahoga and State of Ord. No. 1031-01. gram and, as such, can be trans- Ohio, and known as being part of By Councilman Jackson. ferred pursuant to Section 5722.07 of Sublot Nos. 144, 145 and 146 in An emergency ordinance desig- the Ohio Revised Code without the Hamilton and Wyman’s Allotment of nating St. Philip Christian Church consent of other legislative authori- part of Original One Hundred Acre as a Cleveland landmark. ties only if: (a) the property is sold Lot No. 416, as shown by the record- Whereas, the Cleveland Land- at not less than fair market value; ed plat in Volume 5 of Maps, Page marks Commission (the “Commis- and (b) the property is subject to 22 of Cuyahoga County Records and sion”) pursuant to Chapter 161 of such restrictions and covenants as bounded and described as follows: the Codified Ordinances of Cleve- the Director of Community Develop- Beginning on the Westerly side of land, Ohio, 1976, has proposed the ment deems necessary or appropri- East 93rd Street (formerly Oakdale designation of St. Philip Christian ate to assure the land’s effective Street) at a point 99 feet Northerly Church as a landmark; and reutilization; and from the Southeasterly corner of 1759 94 The City Record July 25, 2001 said Sublot No. 144; thence Westerly Hamilton and Wyman Allotment of veyed, 10 feet to the Southerly line with the Southerly line of said part of Original One Hundred Acre of land conveyed to Josephine Mel- Sublot Nos. 144, 145 and 146 about Lot No. 416, as shown by the record- ega as aforesaid, thence Westerly 110 feet 9-1/4 inches to the Wester- ed plat in Volume 5 of Maps, Page along the Southerly boundary line of ly line of said Sublot No. 146; thence 22 of Cuyahoga County Records and land so conveyed, 12 feet to an inner Northerly along the Westerly line of bounded and described as follows: corner thereof; thence Southerly said Sublot No. 146, 35 feet 7 inches Beginning at the intersection of along an Easterly line of land so to the Southerly line of Cumberland the Westerly line of East 93rd conveyed, 6 feet to an exterior cor- Avenue, S.E., (formerly Charles Street, (formerly Oakdale Street), ner thereof; thence Westerly along Street), thence Easterly along the with Northerly line of a 12 foot the Southerly boundary line of land Southerly line of Cumberland alley, which beginning point is also so conveyed 15 feet to an inner cor- Avenue, S.E., 110 feet 9-1/4 inches to the Southeast corner of said Sublot ner thereof, thence Southerly along the Westerly line of East 93rd No. 144; thence Westerly along the an Easterly line of land so con- Street; thence Southerly along West- Northerly line of said alley 110 feet veyed, 6 feet to an exterior corner erly line of East 93rd Street 35 feet 3-1/10 inches to the Southwest cor- thereof, thence Westerly continuing 3 inches to the place of beginning, ner of said Sublot No. 146; thence along the Southerly boundary line of as appears by said plat, be the same Northerly along the Westerly line of land so conveyed to Josephine Mel- more or less, but subject to all legal said Sublot No. 146, 33 feet, thence ega, 58 feet to the place of begin- highways. Easterly parallel with the Northerly ning, as appears by said plat, be the line of said alley to the Westerly same more or less, but subject to all P. P. No. 126-14-019 line of East 93rd Street, thence legal highways. Situated in the City of Cleveland, Southerly, along the Westerly line County of Cuyahoga and State of of East 93rd Street, 33 feet to the P. P. No. 126-14-045 Ohio, and known as being part of place of the beginning, be the same Situated in the City of Cleveland, Sublot Nos. 144, 145 and 146 in more or less, but subject to all legal County of Cuyahoga and State of Hamilton and Wyman’s Subdivision highways. Ohio, and known as being the of part of Original One Hundred Southerly 26 feet of the Easterly 80 Acre Lot No. 416, as shown by the P. P. No. 126-14-043 feet of Sublot No. 114 and the recorded plat in Volume 5 of Maps, Situated in the City of Cleveland, Northerly 4 feet of the Easterly 80 Page 22 of Cuyahoga County County of Cuyahoga and State of feet of Sublot No. 115 in Hamilton Records, bounded and described as Ohio, and known as being part of and Wyman’s Allotment of part of follows: Sublot No. 116 in Wyman and Hamil- Original One Hundred Acre Lot No. Beginning on the Westerly side of ton’s Allotment of part of Original 416 as shown by the recorded plat in Oakdale Street (now East 93rd One Hundred Acre Lot No. 416 in Volume 5 of Maps, Page 22 of Cuya- Street) at a point 66 feet Northerly said City and bounded and described hoga County Records, and together from the Southeast corner of said as follows: forming a parcel of land 30 feet Sublot No. 144; thence Westerly par- Beginning at the Southwest corner front on the Westerly side of East allel with the Southerly line of said of said Sublot No. 116, at a corner 90th Place, and extending back of Sublot Nos. 144, 145, and 146, about of East 89th Street (formerly Bolton equal width 80 feet, as appears by 110 feet 3-1/10 inches to the West- Street) and Cumberland Avenue, said plat, be the same more or less, erly line of Sublot No. 146; thence S.E., thence Easterly along the but subject to all legal highways. Northerly, along the Westerly line Southerly line of said Lot No. 116, Also, situated in the City of Cleve- of said Sublot No. 146, 33 feet; thence which is also the Northerly line of land, County of Cuyahoga and State Easterly, parallel with the Souther- Cumberland Avenue, S.E., 75 feet, of Ohio, and known as being the ly line of said Sublot Nos. 144, 145 thence North and parallel with the Southerly 9 feet of the Easterly 80 and 146 about 110 feet 3-1/10 inches East line of said Lot No. 116, 46 2/12 feet of Sublot No. 113 and the to the Westerly line of Oakdale feet, to the North line of Sublot No. Northerly 21 feet of the Easterly 80 Street (now East 93rd Street); 116, thence West along the North feet of Sublot No. 114 in Hamilton thence Southerly, along the Wester- line of said Lot No. 116, 75 feet to and Wyman’s Allotment of part of ly line of Oakdale Street (now East the Easterly line of East 89th Street, Original One Hundred Acre Lot No. 93rd Street) 33 feet to the place of thence Southerly along the Easterly 416, as shown by the recorded plat the beginning, as shown in Volume line of East 89th Street, 46 2/12 feet in Volume 5 of Maps, Page 22 of 5, Page 22 of Cuyahoga County to the place of beginning, be the Cuyahoga County Records, and Records of Maps, be the same more same more or less, but subject to all together forming a parcel of land 30 or less, but subject to all legal legal highways. feet front on the Westerly side of highways. Subject to zoning ordinances, if East 90th Place, and extending back any. of equal width 80 feet, as appears by P. P. No. 126-14-020 said plat, be the same more or less, Situated in the City of Cleveland, P. P. No. 126-14-044 but subject to all legal highways. County of Cuyahoga and State of Situated in the City of Cleveland, Ohio, and known as being part of County of Cuyahoga and State of P. P. No. 126-14-047 Sublot Nos. 144, 145 and 146 in Ohio, and known as being part of Situated in the City of Cleveland, Hamilton and Wyman Allotment of Sublot No. 115 in the Hamilton and County of Cuyahoga and State of part of Original One Hundred Acre Wyman Allotment of part of Origi- Ohio, and known as being a part of Lot No. 416, as shown by the record- nal One Hundred Acre Lot No. 416, Sublot No. 113 in Wyman and Hamil- ed plat in Volume 5 of Maps, Page as shown by the recorded plat in ton’s Re-Subdivision of part of Orig- 22 of Cuyahoga County Records and Volume 5 of Maps, Page 22 of Cuya- inal One Hundred Acre Lot No. 416 bounded and described as follows: hoga County Records and bounded as shown by the recorded plat in Beginning on the Westerly line of and described as follows: Volume 5 of Maps, Page 22 of Cuya- East 93rd Street (formerly Oakdale Beginning on the Easterly line of hoga County Records, and known as Street), at a point 33 feet Northerly East 89th Street, (formerly Bolton being Northerly 30 feet of the from the Southeasterly corner of Avenue) at the Southwesterly corner Southerly 39 feet of said Sublot No. Sublot No. 144; thence Westerly par- of land conveyed to Josephine Mel- 113, and being 30 feet front on the allel with the Southerly line of ega by deed dated June 3, 1955 and Easterly side of East 89th Street and Sublot Nos. 144, 145 and 146 about 110 recorded in Volume 8447 Page 53 of extends back between parallel lines feet 3-1/10 inches to the Westerly Cuyahoga County Records, thence 150 feet, be the same more or less, line of Sublot No. 146; thence Southerly along the Easterly line of but subject to all legal highways. Northerly along said Westerly line East 89th Street, 18 feet to the 33 feet; thence Easterly parallel with Southwesterly corner of said Sublot P. P. No. 126-14-048 the Southerly line of said Sublot Nos. No. 115, thence Easterly along the Situated in the City of Cleveland, 144, 145 and 146 about 110 feet 3-1/10 Southerly line of said Sublot No. 115, County of Cuyahoga and State of inches to the Westerly line of East 75 feet to a Southeasterly corner of Ohio, and known as being part of 93rd Street; thence Southerly along land conveyed to Julia Szabo by Sublot Nos. 111, 112 and 113 in the Westerly line of East 93rd Street, deed dated June 2, 1938, and record- Hamilton and Wyman’s Allotment of 33 feet to the place of the beginning, ed in Volume 4855 Page 366 of Cuya- part of Original One Hundred Acre be the same more or less, but sub- hoga County Records, thence Lot No. 416, as shown by the record- ject to all legal highways. Northerly along an Easterly line of ed plat in Volume 5 of Maps, Page land so conveyed, 20 feet to an inner 22 of Cuyahoga County Records and P. P. No. 126-14-021 corner thereof, thence Easterly bounded and described as follows: Situated in the City of Cleveland, along a Southerly line of land so Beginning in the Easterly line of County of Cuyahoga and State of conveyed, 10 feet to an exterior cor- East 89th Street (formerly Bolton Ohio, and known as being part of ner thereof, thence Northerly along Avenue) 69 feet wide, at a point dis- Sublot Nos. 144, 145 and 146 in an Easterly line of land so con- tant Southerly (measured along said 1760 July 25, 2001 The City Record 95

Easterly line of East 89th Street) 2/12 feet deep as per plat of said said alley 40 feet 2 inches; thence 23.33 feet from the Southwesterly Subdivision recorded in Volume 5 of Easterly and parallel with the corner of said Sublot No. 111; thence Maps, Page 22 of Cuyahoga County Northerly line of Cumberland Southerly along the Easterly line of Records, be the same more or less, Avenue, S.E., to the Easterly line of East 89th Street, 31.67 feet to the but subject to all legal highways. said Sublot No. 142; thence Norther- Northwesterly corner of a parcel of Also subject to all zoning ordi- ly along said Easterly line about 40 land conveyed to Elizabeth Grandt, nances, if any feet 2 inches to the Northeasterly by deed dated August 18, 1942 and corner of Sublot No. 142; thence recorded in Volume 5468 Page 495 of P. P. No. 126-14-077 Westerly along the Northerly line of Cuyahoga County Records; thence Situated in the City of Cleveland, line of Sublot No. 142, 44 feet 11-1/2 Easterly along the Northerly line of County of Cuyahoga and State of inches to the place of beginning, be said land conveyed to Elizabeth Ohio, and known as being the East- the same more or less, but subject Grandt, about 150.06 feet to the erly 25-58/100 feet front to rear of to all legal highways. Westerly line of East 90th Street (12 Sublot No. 119 and the 7-71/100 feet feet wide); thence Northerly along front to rear of Sublot No. 120 in P. P. No. 126-14-086 said Westerly line of East 90th Hamilton and Wyman’s Allotment Situated in the City of Cleveland, Place, 8.00 feet to the Northeasterly of part of Original One Hundred County of Cuyahoga and State of corner of said Sublot No. 113; thence Acre Lot No. 416 as shown by the Ohio, and known as being part of Westerly along the Northerly line of recorded plat in Volume 5 of Maps, Sublot No. 142 in the Hamilton and said Sublot No. 113, about 30.96 feet Page 22 of Cuyahoga County Wyman’s Allotment of part of Orig- to the Southwesterly corner of a par- Records and being 33-29/100 feet inal One Hundred Acre Lot No. 416, cel of land conveyed to Stephen T. front on the Southerly side of as shown by the recorded plat in Juhasz by deed dated September 28, Kennedy Street (now known as Volume 5 of Maps, Page 22 of Cuya- 1909 and recorded in Volume 1209, Kennedy Avenue) and extending hoga County Records, and bounded Page 146 of Cuyahoga County back of equal width 140 feet 2 and described as follows: Records; thence Northerly along the inches deep as appears by said plat, Beginning on the Easterly line of Westerly line of said land conveyed be the same more or less, but sub- said Sublot No. 142 at a point 75 feet to Stephen T. Juhasz, 52.17 feet to ject to all legal highways. Northerly (measured along said the Southeasterly corner of a parcel Subject to zoning ordinances, if Easterly line) from the Southeaster- of land conveyed to Stephen Juhasz, any. ly corner thereof; thence Northerly by deed dated August 8, 1899 and along said Easterly line, 25 feet; recorded in Volume 735 Page 2 of P. P. No. 126-14-078 thence Westerly parallel with the Cuyahoga County Records; thence Situated in the City of Cleveland, Southerly line of said Sublot No. 142, Westerly along the Southerly line of County of Cuyahoga and State of 25 feet; thence Southerly parallel said land conveyed to Stephen T. Ohio, and known as being the East- with the Easterly line of said Sublot Juhasz, as last aforesaid, 14.00 feet erly 17-87/100 feet from front to rear No. 142, 25; feet thence Easterly 25 to a point distant Easterly (mea- of Sublot No. 118 and the Westerly feet to the place of beginning, be sured along said Southerly line of 15-42/100 feet from front to rear of the same more or less, but subject land conveyed to Stephen Juhasz as Sublot No. 119 in the Hamilton and to all legal highways. last aforesaid) 105 feet from said Wyman’s Allotment of part of Orig- Easterly line of East 89th Street; inal One Hundred Acre Lot No. 416 P. P. No. 126-14-088 thence Southerly along a line paral- as shown by the recorded plat in Situated in the City of Cleveland, lel with said Easterly line of East Volume 5 of Maps, Page 22 of Cuya- County of Cuyahoga and State of 89th Street, 28.50; thence Westerly hoga County Records and together Ohio, and known as being part of along a line parallel with the forming a parcel of land 33-20/100 Sublot No. 140 in Wyman and Hamil- Southerly line of said Sublot No. 111, feet front on the Southerly side of ton’s Subdivision of part of Original 105 feet to the principal place of Kennedy Street (now known as One Hundred Acre Lot No. 416, as beginning, according to a survey Kennedy Avenue, S.E.) and extend- shown by the recorded plat in Vol- dated August 21, 1946 by the Nation- ing back of equal width 140 feet 2 ume 5 of Maps, Page 22 of Cuyahoga al Survey Service, Inc., be the same inches deep as appears by said plat, County Records and bounded and more or less, but subject to all legal be the same more or less, but sub- described as follows: highways. ject to all legal highways. Beginning at a point in the Easement recorded in Volume 5220 Subject to zoning ordinances, if Northerly line of Cumberland Page 9 of Cuyahoga County any. Avenue, S.E., 2 feet Easterly of the Records. Easement recorded in Vol- Southwest corner of said Sublot No. ume 7883 Page 323 of Cuyahoga P. P. No. 126-14-080 140; thence Easterly along the County Records. Situated in the City of Cleveland, Northerly line of Cumberland Subject to zoning ordinances, if County of Cuyahoga and State of Avenue, S.E., 32 feet; thence Norther- any. Ohio, and known as being the East- ly and parallel with the Easterly erly 30 feet of Sublot Nos. 111 and line of Sublot No. 140, 140 feet 2 P. P. No. 126-14-049 112 in Hamilton and Wyman’s Sub- inches to the Northerly line of said Situated in the City of Cleveland, division of part of Original One Sublot No. 140; thence Westerly and County of Cuyahoga and State of Hundred Acre Lot No. 416, in said parallel with Cumberland Avenue, Ohio, and known as being the West- City. Said parts of said Sublot Nos. S.E., 32 feet; thence Southerly and erly 120 feet of the Northerly 41 111 and 112 together forming a par- parallel with the Westerly line of feet of Sublot No. 111 in Hamilton cel of land having a frontage of 30 said Sublot No. 140, 140 feet 2 inch- and Wyman’s Allotment of part of feet on Kennedy Avenue, and ex- es to place of beginning, be the Original One Hundred Acre Lot No. tending back of equal width 93-2/12 same more or less, but subject to all 416, as shown by the recorded plat deep as per plat of said Allotment legal highways. in Volume 5 of Maps, Page 22 of recorded in Volume 5 of Maps, Page Also subject to all zoning ordi- Cuyahoga County Records, and 22 of Cuyahoga County Records, be nances, if any being 41 feet front on the Easterly the same more or less, but subject side of East 89th Street (formerly to all legal highways. P. P. No. 126-14-089 Bolton Avenue) and extending back Subject to zoning ordinances, if Situated in the City of Cleveland, of equal width 120 feet, as appears any. County of Cuyahoga and State of by said plat, be the same more or Ohio, and known as being the West- less, but subject to all legal high- P. P. No. 126-14-081 erly 28 feet front and rear of Sublot ways. Situated in the City of Cleveland, No. 139 and the Easterly 7 feet front Subject to zoning ordinances, if County of Cuyahoga and State of and rear of Sublot No. 140 in Hamil- any. Ohio, and known as being the ton and Wyman’s Allotment of a Northerly part of Sublot No. 142 in part of Original One Hundred Acre P. P. No. 126-14-071 the Hamilton and Wyman’s Allot- Lot No. 416 in said City. Said parts Situated in the City of Cleveland, ment of part of Original One Hun- of said Sublot Nos. 139 and 140 County of Cuyahoga and State of dred Acre Lot No. 416, as shown by together forming a parcel of land Ohio, and known as being the East- the recorded plat in Volume 5 of having a frontage of 35 feet on the erly 33 feet of Sublot No. 125, in Maps, Page 22 of Cuyahoga County Northerly side of Cumberland Hamilton and Wyman’s Subdivision Records, bounded and described as Avenue, S.E., extends back of equal of part of Original One Hundred follows: width 140.167 feet deep as appears Acre Lot No. 416 in said City. Said Beginning in the Easterly line of by said plat, be the same more or part of said Sublot No. 125 has a a 12 foot alley, now known as East less, but subject to all legal high- frontage of 33 feet on the South side 90th Place, at the Northwesterly cor- ways. of Kennedy Avenue, S.E., and ner of said Sublot No. 142; thence Also subject to all zoning ordi- extends back of equal width 140 Southerly along the Easterly line of nances, if any 1761 96 The City Record July 25, 2001

P. P. No. 126-14-090 said Northerly line of Cumberland Auditor Permanent Parcel No. 126.14- Situated in the City of Cleveland, Avenue, S.E., 25 feet to the Easter- 100, and known as being Sublot No. County of Cuyahoga and State of ly line of said Sublot No. 137; thence 147 in Hamilton and Wyman’s Re- Ohio, and known as being the West- Southerly along said Easterly line Subdivision of part of Original One erly 22 feet from front to rear of of said Sublot No. 137, 75 feet to the Hundred Acre Lot No. 416, as shown Sublot No. 138 and the Easterly 13 place of beginning, be the same by the recorded plat in Volume 5 of feet from front to rear of Sublot No. more or less, but subject to all legal Maps, Page 22 of Cuyahoga County 139 in Hamilton and Wyman’s Allot- highways. Records and being 40 feet front on ment of a part of Original One Hun- Subject to zoning ordinances, if the Southerly side of Cumberland dred Acre Lot No. 416, as shown by any. Avenue, S.E., and extending back the recorded plat in Volume 5 of 134 feet 7 inches on the Easterly Maps, Page 22 of Cuyahoga County P. P. No. 126-14-093 line, 140 feet 8-1/3 inches on the Records, and together forming a par- Situated in the City of Cleveland, Westerly line and having a rear line cel of land 35 feet front on the County of Cuyahoga and State of of about 41 feet 7-1/4 inches along Northerly side of Charles Street (now Ohio, and known as being Sublot No. the Northerly line of a 12 foot alley, known as Cumberland Avenue, S.E.) 136 in the Westerly 6 feet of Sublot as appears by said plat, be the same and extending back of equal width No. 135 in Hamilton and Wyman’s more or less, but subject to all legal 140 feet, 2 inches deep, as appears by Allotment of a part of Original One highways. said plat, be the same more or less, Hundred Acre Lot No. 416, as shown Subject to Zoning Ordinances, if but subject to all legal highways. by the recorded plat in Volume 5 of any. Also subject to all zoning ordi- Maps, Page 22 of Cuyahoga County nances, if any Records, and together forming a P. P. No. 126-14-101 parcel of land 47 feet on the Norther- Situated in the City of Cleveland, P. P. No. 126-14-091 ly side of Cumberland Avenue, S.E., County of Cuyahoga and State of Situated in the City of Cleveland, (formerly Charles Street) and Ohio, and known as being Sublot No. County of Cuyahoga and State of extending back of equal width 148 in Hamilton and Wyman’s Allot- Ohio, and known as being of Sublot 140.17 feet deep, as appears by said ment of part of Original One Hun- Nos. 137 and 138 in Hamilton and plat, be the same more or less, but dred Acre Lot No. 416, as shown by Wyman’s Allotment of part of Orig- subject to all legal highways. the recorded plat in Volume 5 of inal One Hundred Acre Lot No. 416, Subject to zoning ordinances, if Maps, Page 22 of Cuyahoga County as shown by the recorded plat in any. Records and being 40 feet front on Volume 5 of Maps, Page 22 of Cuya- the Southerly side of Cumberland hoga County Records and bounded P. P. No. 126-14-095 Avenue, S.E., and extending back and described as follows: Situated in the City of Cleveland, between parallel lines, 140.7 feet Beginning at a point on the County of Cuyahoga and State of deep on the Easterly line, 140.77 feet Northerly line of Cumberland Ave- Ohio, and known as being Sublot No. deep on the Westerly line as nue, S.E., (formerly Charles Street) 134 in Hamilton and Wyman’s Allot- appears by said plat, be the same 19 feet Westerly from the South- ment of part of Original One Hun- more or less, but subject to all legal westerly corner of Sublot No. 137; dred Acre Lot No. 416, as shown by highways. thence Northerly on a line parallel the recorded plat in Volume 5 of Subject to Zoning Ordinances, if with the Westerly line of Sublot No. Maps, Page 22 of Cuyahoga County any. 137; 140 feet 2 inches to the Norther- Records and being 41 feet front on ly line of Sublot No. 138; thence the Northerly side of Cumberland P. P. No. 126-14-102 Easterly along the Northerly line of Avenue, S.E., and extending back of Situated in the City of Cleveland, Sublot Nos. 137 and 138, 60 feet to equal width 140.17 feet deep, as County of Cuyahoga and State of the Northeasterly corner of said appears by said plat, be the same Ohio, and known as being Sublot No. Sublot No. 137; thence Southerly more or less, but subject to all legal 149 in Wyman and Hamilton’s Allot- along the Easterly line of said highways. ment of part of Original One Hun- Sublot No. 137, 65 feet 2 inches to dred Acre Lot No. 416, as shown by the Northeasterly corner of land con- P. P. No. 126-14-097 the recorded plat in Volume 5 of veyed by David Brown and Anna Situated in the City of Cleveland, Maps, Page 22 of Cuyahoga County Brown, husband and wife, to John County of Cuyahoga and State of Records and being 40 feet front on Paul and Mary Paul by deed dated Ohio, and known as being the West- the Southerly side of Cumberland August 1, 1906, and recorded in Vol- erly 27 feet Sublot Nos. 131 and 132 Avenue, S.E., (formerly Charles ume 1043, Page 583 of Cuyahoga in Hamilton and Wyman’s Subdivi- Street) 140 feet 9-2/3 inches deep on County Records; thence Westerly sion of part of Original One Hundred the Easterly line, and 140 feet 11 along the Northerly line of land so Acre Lot No. 416, as shown by the inches deep on the Westerly line, and conveyed, 25 feet to the Northwest- recorded plat in Volume 5 of Maps, 40 feet wide in rear, as appears by erly corner thereof; thence Souther- Page 22 of Cuyahoga County Records said plat, be the same more or less, ly along the Westerly line of land and together forming a parcel of land but subject to all legal highways. so conveyed to John Paul and Mary 27 feet front on the Northerly side of Subject to Zoning Ordinances, if Paul as aforesaid, 75 feet to the Cumberland Avenue, S.E., (formerly any. Northerly line of Cumberland Charles Avenue) and extending back Avenue, S.E.; thence Westerly along of equal width between parallel lines P. P. No. 126-14-103 said Northerly line of Cumberland 93 feet 2 inches, as appears by said Situated in the City of Cleveland, Avenue, S.E., 35 feet to the place of plat, be the same more or less, but County of Cuyahoga and State of beginning as appears by said plat, subject to all legal highways. Ohio, and known as being Sublot No. be the same more or less, but sub- 150 in Wyman and Hamilton’s Re- ject to all legal highways. P. P. No. 126-14-098 Subdivision of part of Original One Subject to zoning ordinances, if Situated in the City of Cleveland, Hundred Acre Lot No. 416, as shown any. County of Cuyahoga and State of by the recorded plat in Volume 5 of Ohio, and known as being the East- Maps, Page 22 of Cuyahoga County P. P. No. 126-14-092 erly 30 feet of the Westerly 57 feet Records and being 40 feet front on Situated in the City of Cleveland, of Sublot Nos. 131 and 132 in Hamil- the Southerly side of Cumberland County of Cuyahoga and State of ton and Wyman’s Subdivision of Avenue, S.E., (formerly Charles Ohio, and known as being part of part of Original One Hundred Acre Street), 140 feet 11 inches deep on Sublot No. 137 in Hamilton and Lot No. 416, as shown by the record- the Easterly line, 141 feet 1/2 of an Wyman’s Allotment of part of Orig- ed plat in Volume 5 of Maps, Page inch deep on the Westerly line and inal One Hundred Acre Lot No. 416, 22 of Cuyahoga County Records and 40 feet wide in the rear, as appears as shown by the recorded plat in together forming a parcel of land 30 by said plat, be the same more or Volume 5 of Maps, Page 22 of Cuya- feet front on the Northerly side of less, but subject to all legal high- hoga County Records and bounded Cumberland Avenue, and extending ways. and described as follows: back of equal width 93 feet 2 inch- Subject to Zoning Ordinances, if Beginning on the Northerly line of es, as appears by said plat, be the any. Cumberland Avenue, S.E., (formerly same more or less, but subject to all Cumberland Street) at the South- legal highways. P. P. No. 126-14-105 easterly corner of said Sublot No. Subject to zoning ordinances, if Situated in the City of Cleveland, 137; thence Westerly along said any. County of Cuyahoga and State of Northerly line of Cumberland Ave- Ohio, and known as being the West- nue, S.E., 25 feet; thence Northerly P. P. No. 126-14-100 erly 10 feet of the Northerly 120 feet on a line parallel to the Easterly Situated in the City of Cleveland, of Sublot No.151 and the Easterly 20 line of said Sublot No. 137, 75 feet; County of Cuyahoga and State of feet of the Northerly 120 feet of thence Easterly on a line parallel to Ohio, and known as being County Sublot No. 152 in Hamilton and 1762 July 25, 2001 The City Record 97

Wymans Re-Subdivision of part of ly line of said Sublot Nos. 154 and P. P. No. 126-14-113 Original One Hundred Acre Lot No. 155, 25.55 feet to a point distant Situated in the City of Cleveland, 416 as shown by the recorded plat Easterly 67.79 feet from the South- County of Cuyahoga and State of in Volume 5 of Maps, Page 22 of westerly corner of said Sublot No. Ohio, and known as being Sublot Cuyahoga County Records, and 156 in said Wyman and Hamilton’s No.158 in the Hamilton and together forming a parcel of land Allotment, thence Northerly parallel Wyman’s Allotment of part of Orig- having a frontage of 30 feet on the with the Westerly line of Sublot No. inal One Hundred Acre Lot No. 416 Southerly side of Cumberland 156, 141.54 feet to the place of begin- as shown by the recorded plat in Avenue, S.E., (formerly Charles ning , according to the survey of Volume 5 of Maps, Page 22 of Cuya- Street) and extending back of equal Charles W. Root, Civil Engineer, hoga County Records and being a width 120 feet deep, as appears by dated May 4, 1929, be the same more parcel of land 40 feet front on the said plat, be the same more or less, or less, but subject to all legal high- Southerly side of Cumberland but subject to all legal highways. ways. Avenue, S.E., (formerly Cumberland Subject to Zoning Ordinances, if Subject to Zoning Ordinances, if Street) and extending back of equal any. any. width 141.85 feet deep on the East- erly line, 141.97 feet deep on the P. P. No. 126-14-106 P. P. No. 126-14-110 Westerly line, and being 40 feet Situated in the City of Cleveland, Situated in the City of Cleveland, wide in the rear, as appears by said County of Cuyahoga and State of County of Cuyahoga and State of plat, be the same more or less, but Ohio, and known as being parts of Ohio, and known as being part of subject to all legal highways. Sublot Nos. 152 and 153 in Hamilton Sublot Nos. 155 and 156 in Wyman P. P. No. 126-14-116 and Wyman’s Subdivision of part of and Hamilton’s Allotment of part of Situated in the City of Cleveland, Original One Hundred Acre Lot No. Original One Hundred Acre Lot No. County of Cuyahoga and State of 416, as shown by the recorded plat 416 as shown by the recorded plat Ohio, and known as being part of in Volume 5 of Maps, Page 22 of in Volume 5 of Maps, Page 22 of Sublot No. 159 in Wyman & Hamil- Cuyahoga County Records, said Cuyahoga County Records and ton’s Subdivision of part of Original parts of Sublot Nos. 152 and 153 are together forming a parcel of land One Hundred Acre Lot No. 416, as bounded and described as follows: bounded and described as follows: shown by the recorded plat in Vol- Beginning at a point in the Beginning in the Northerly line of ume 5 of Maps, Page 22 of Cuyahoga Southerly line of Cumberland Cumberland Avenue, S.E., at a point County Records, and bounded and Avenue, S.E., 330.76 feet Westerly distant Easterly 32.22 feet from the described as follows: from the intersection of the Wester- Northwesterly corner of said Sublot Beginning on the Northeasterly ly line of East 93rd Street; thence No. 156; thence Easterly along the line of Buckeye Road, S.E. (former- Southerly parallel with Easterly line Southerly line of Cumberland ly South Woodland Avenue), 80 feet of said Sublot No. 152, 120 feet; Avenue, S.E., 35.57 feet; thence wide, at the Southeasterly corner of thence Westerly parallel with the Southerly parallel with the Wester- a parcel of land deeded to Ernest F. Southerly line of Cumberland ly line of Sublot No. 155; 141.54 feet Hallm by deed recorded in Volume Avenue, S.E., 29 feet; thence Norther- to the Southerly line of said Sublot 575, Page 342 of Cuyahoga County ly parallel with the Easterly line of No. 155; thence Westerly along the Records; thence Southeasterly along said Sublot No. 152, 120 feet; thence Southerly line of said Sublot Nos. the Northeasterly line of Buckeye Easterly along the Southerly line of 155 and 156, 35.57 feet to a point dis- Road, S.E., 30 feet to the South- Cumberland Avenue, S.E., 29 feet to tant Easterly 32.22 feet from the westerly corner of a parcel of land the place of the beginning, be the Southwesterly corner of said Sublot deeded to John Fedor by deed same more or less, but subject to all No. 156; thence Northerly parallel recorded in Volume 864, Page 384 of legal highways. with the Westerly line of said Cuyahoga County Records; thence Sublot No. 156, 141.64 feet to the Northerly along the Westerly line of P. P. No. 126-14-108 beginning, be the same more or less, land so deeded to said John Fedor Situated in the City of Cleveland, but subject to all legal highways. to the Southerly line of Cumberland County of Cuyahoga and State of Avenue, S.E. (formerly Cumberland Ohio, and known as being the East- P. P. No. 126-14-111 Street); thence Westerly along the erly 26.66 feet of Northerly 115 feet Situated in the City of Cleveland, Southerly line of Cumberland to Sublot No. 154 in the Hamilton County of Cuyahoga and State of Avenue, S.E., 25.14 feet to the North- and Wyman’s Re-Allotment of part Ohio, and known as being part of easterly corner of land so deeded to of Original One Hundred Acre Lot Sublot No. 156 in Wyman and Hamil- said Ernest F. Hallm and Nancy No. 416, as shown by the recorded ton’s Allotment of part of Original Hallm; thence Southerly along the plat in Volume 5 of Maps, Page 22 One Hundred Acre Lot No. 416, Easterly line of land so deeded to of Cuyahoga County Records and recorded in Volume 5 of Maps, Page said Ernest F. Hallm and Nancy being 26.66 feet front on the Souther- 22 of Cuyahoga County Records, Hallm to the place of beginning, be ly side of Cumberland Avenue, S.E., bounded and described as follows: the same more or less, but subject and extending back of equal width Beginning at the Northwesterly to all legal highways. 115 feet, as appears by said plat, be corner of said Sublot No. 156; thence Also subject to all zoning ordi- the same more or less, but subject Easterly along the Southerly line of nances, if any to all legal highways. Cumberland Avenue, S.E., 32.22 feet; Subject to Zoning Ordinances, if thence Southerly parallel with the P. P. No. 126-14-117 any. Westerly line of said Sublot, 141.64 Situated in the City of Cleveland, feet to the Southerly line of said County of Cuyahoga and State of Ohio, and known as being a part of P. P. No. 126-14-109 Sublot; thence Westerly along the Sublot No. 159 in Hamilton and Situated in the City of Cleveland, Southerly line of said Sublot, 32.22 feet to the Southwesterly corner Wyman’s Re-Subdivision of part of County of Cuyahoga and State of Original One Hundred Acre Lot No. thereof; thence Northerly along the Ohio, and known as being part of 416 as shown by the recorded plat Westerly line of said Sublot, 141.73 Sublot Nos. 154 and 155 in Wyman in Volume 5 of Maps, Page 22 of and Hamilton’s Allotment of part of feet to the beginning, according to Cuyahoga County Records, and the survey of Charles W. Root, Civil Original One Hundred Acre Lot No. bounded and described as follows: 416, as shown by the recorded plat Engineer, be the same more or less, Beginning on the Northeasterly in Volume 5 of Maps, Page 22 of but subject to all legal highways. side of Buckeye Road (80 feet wide) Cuyahoga County Records and at a point distant 60 feet South- together forming a parcel of land P. P. No. 126-14-112 westerly from the intersection with bounded and described as follows: Situated in the City of Cleveland, the Easterly side of East 89th Beginning in the Southerly line of County of Cuyahoga and State of Street. Thence Northerly parallel Cumberland Avenue, S.E., at a point Ohio, and known as being the North with Easterly side of East 89th distant Easterly 67.79 feet from the part of Sublot No. 157 in Hamilton Street 89.56 feet to the Southerly Northwesterly corner of Sublot No. and Wyman’s Allotment of part of side of Cumberland Avenue (50 feet 156 in said Wyman and Hamilton’s Original One Hundred Acre Lot No. wide); thence Westerly along said Allotment, thence Easterly along 416, as shown by the recorded plat Southerly side of Cumberland the Southerly line of Cumberland in Volume 5 of Maps, Page 22 of Avenue, 29.28 feet to a point distant Avenue, S.E., 25.55 feet to a point Cuyahoga County Records, being a 21 feet Easterly from the intersec- distant Easterly 13.34 feet from the parcel of land 40 feet front on the tion of said Southerly side of Cum- Northwesterly corner of said Sublot Southerly side of Cumberland berland Avenue with the Easterly No. 154, thence Southerly parallel Avenue, S.E., (formerly Cumberland side of East 89th Street; thence with the Westerly line of said Street) and extending back of equal Southerly parallel with the Easterly Sublot No. 154, 141.46 feet to the width 120 feet, as appears by said side of East 89th Street 70.19 feet to Southerly line of said Sublot No. 154, plat, be the same more or less, but said Northeasterly side of Buckeye thence Westerly along the Souther- subject to all legal highways. Road; thence Southeasterly along 1763 98 The City Record July 25, 2001 the Northeasterly side of Buckeye sion of Property Management of the Whereas, this ordinance consti- Road, 34.94 feet to the place of Department of Parks, Recreation tutes an emergency measure provid- beginning, be the same more or less, and Properties. ing for the usual daily operation of but subject to all legal highways. Section 3. That, as a condition of a municipal department; now, there- said transfer, the Department of fore P. P. No. 126-14-118 Parks, Recreation and Properties Be it ordained by the Council of Situated in the City of Cleveland, shall pay the Department of Com- the City of Cleveland: County of Cuyahoga and State of munity Development a price not less Section 1. That the Director of Ohio, and known as being part of than fair market value as deter- Public Utilities is hereby autho- Sublot No. 159 in Hamilton and mined by the Board of Control, con- rized to make a written require- Wyman’s Allotment of part of Orig- sidering the restrictions and ment contract in accordance with inal One Hundred Acre Lot No. 416, covenants deemed necessary by the the Charter and the Codified Ordi- as shown by the recorded plat in Director of Community Development nances of Cleveland, Ohio, 1976, for Volume 5 of Maps, Page 22 of Cuya- to assure the property’s effective hoga County Records and bounded the requirements for the period of reutilization. two years of the necessary items and described as follows: Section 4. That this ordinance is Beginning on the Southerly line of of labor and materials necessary to hereby declared to be an emergency test, inspect, and repair bucket Cumberland Avenue, S.E., at its measure and, provided it receives point of intersection with the East- trucks, in the approximate amount the affirmative vote of two-thirds of as purchased during the preceding erly line of East 89th Street, said all the members elected to Council, term, to be purchased by the Com- point of beginning being the North- it shall take effect and be in force missioner of Purchases and Sup- westerly corner of said Sublot No. immediately upon its passage and 159, thence Easterly along the approval by the Mayor; otherwise it plies upon a unit basis for the Southerly line of Cumberland Ave- shall take effect and be in force Division of Cleveland Public nue, 21 feet to the Northwesterly from and after the earliest period Power, Department of Public Utili- corner of land conveyed to Ervin H. allowed by law. ties. Bids shall be taken in such Bolgar and Aranka Bolgar, by deed Passed July 18, 2001. manner as to permit an award to dated June 3, 1920 and recorded in be made for all items as a single Volume 2418, Page 111 of Cuyahoga Awaiting the approval or disap- proval of the Mayor. contract, or by separate contract County Records, thence Southerly for each or any combination of along the Westerly line of land so said items as the Board of Control conveyed to Ervin H. Bolgar and shall determine. Alternate bids for Aranka Bolgar, 70.9 feet to the a period less than two years may Northwesterly line of Buckeye Road, Ord. No. 1049-01. By Councilmen O’Malley and Pat- be taken if deemed desirable by S.E., thence Northwesterly along the the Commissioner of Purchases Northeasterly line of Buckeye Road, mon (by departmental request). S.E., 25.06 feet to its point of inter- An emergency ordinance authoriz- and Supplies until provision is section with the Easterly line of ing the purchase by contract of one made for the requirements for the East 89th Street, which is also the payment processor envelope extrac- entire term. Southwesterly corner of said Sublot tor machine, for the Division of Util- Section 2. That the cost of said No. 159, thence Northerly along the ities Fiscal Control, Department of contract shall be charged against Easterly line of East 89th Street, Public Utilities. the proper appropriation account 56.29 feet to the place of beginning, Whereas, this ordinance consti- and the Director of Finance shall be the same more or less, but sub- tutes an emergency measure provid- certify thereon the amount of the ject to all legal highways. ing for the usual daily operation of initial purchase thereunder, which a municipal department; now, there- purchase, together with all subse- P. P. No. 126-14-120 fore quent purchases, shall be made on Situated in the City of Cleveland, Be it ordained by the Council of order of the Commissioner of Pur- County of Cuyahoga and State of the City of Cleveland: chases and Supplies pursuant to a Ohio, and known as being part of Section 1. That the Director of requisition against such contract Sublot Nos. 111 and 112 in Hamilton Public Utilities is hereby authorized duly certified by the Director of and Wyman’s Allotment of part of to make a written contract in accor- Finance. (RL 16988) Original One Hundred Acre Lot No. dance with the Charter and the Cod- Section 3. That this ordinance is 416, as shown by the recorded plat ified Ordinances of Cleveland, Ohio, hereby declared to be an emergency in Volume 5 of Maps, Page 22 of 1976, for each or all of the follow- measure and, provided it receives Cuyahoga County Records and ing items: one (1) payment proces- the affirmative vote of two-thirds of bounded and described as follows: sor envelope extractor machine, to all the members elected to Council, Beginning in the Easterly line of be purchased by the Commissioner it shall take effect and be in force East 89th Street (formerly Bolton of Purchases and Supplies upon a immediately upon its passage and Avenue) 60 feet wide, at the South- unit basis for the Division of Utili- westerly corner of a parcel of land approval by the Mayor; otherwise it ties Fiscal Control, Department of shall take effect and be in force conveyed to Stephen Juhasz by deed Public Utilities. dated August 8, 1899 and recorded from and after the earliest period Section 2. That the cost of said allowed by law. in Volume 735 Page 2 of Cuyahoga contract hereby authorized shall be Passed July 18, 2001. County Records, said place of begin- paid from Fund No. 50 SF 001, ning being distant Northerly (mea- Request No. 872. Awaiting the approval or disap- sured along said Easterly line of Section 3. That this ordinance is proval of the Mayor. East 89th Street) 5.17 feet from the hereby declared to be an emergency Southwesterly corner of Sublot No. measure and, provided it receives 111; thence Southerly along said the affirmative vote of two-thirds of Easterly line of East 89th Street, all the members elected to Council, Ord. No. 1051-01. 28.50 feet; thence Easterly along a it shall take effect and be in force By Councilmen O’Malley and Pat- line parallel with the Southerly line immediately upon its passage and mon (by departmental request). of said Sublot No. 111, 105 feet; approval by the Mayor; otherwise it An emergency ordinance authoriz- thence Northerly along a line paral- shall take effect and be in force ing the purchase by requirement lel with said Easterly line of East from and after the earliest period contract of printer consumables, for 89th Street, 28.50 feet to the Souther- allowed by law. the Divisions of Water and Cleve- ly line of said land conveyed to land Public Power, Department of Stephen Juhasz; thence Westerly Passed July 18, 2001. Awaiting the approval or disap- Public Utilities. along said Southerly line of land Whereas, this ordinance consti- conveyed to Stephen Juhasz, 105 feet proval of the Mayor. to the place of beginning, be the tutes an emergency measure provid- same more or less, but subject to all ing for the usual daily operation of legal highways. a municipal department; now, there- Reservation of Easement recorded Ord. No. 1050-01. fore on Cuyahoga County File No. 021318, By Councilmen O’Malley and Pat- Be it ordained by the Council of filed September 24, 1946. mon (by departmental request). the City of Cleveland: Subject to zoning ordinances, if An emergency ordinance authoriz- Section 1. That the Director of any. ing the purchase by requirement Public Utilities is hereby autho- Section 2. That upon consumma- contract of labor and materials nec- rized to make a written require- tion of the transfer referenced here- essary to test, inspect and repair ment contract in accordance with in, the Directors participating in the bucket trucks, for the Division of the Charter and the Codified Ordi- transaction shall initial and date a Cleveland Public Power, Department nances of Cleveland, Ohio, 1976, for copy of this ordinance and deliver of Public Utilities, for a period not the requirements for the period of said copy to the custody of the Divi- to exceed two years. one year for the necessary items of 1764 July 25, 2001 The City Record 99 printer consumables in the esti- gle contract, or by separate contract order of the Commissioner of Pur- mated amount of $60,000, to be pur- for each or any combination of said chases and Supplies pursuant to a chased by the Commissioner of items as the Board of Control shall requisition against such contract Purchases and Supplies upon a determine. Alternate bids for a peri- duly certified by the Director of unit basis for the Divisions of od less than two years may be Finance. (RL 43021) Water and Cleveland Public taken if deemed desirable by the Section 3. That this ordinance is Power, Department of Public Utili- Commissioner of Purchases and hereby declared to be an emergency ties. Bids shall be taken in such Supplies until provision is made for measure and, provided it receives manner as to permit an award to the requirements for the entire the affirmative vote of two-thirds of be made for all items as a single t e r m . all the members elected to Council, contract, or by separate contract Section 2. That the cost of said it shall take effect and be in force for each or any combination of contract shall be charged against immediately upon its passage and said items as the Board of Control the proper appropriation account approval by the Mayor; otherwise it shall determine. Alternate bids for and the Director of Finance shall shall take effect and be in force a period less than a year may be certify thereon the amount of the from and after the earliest period taken if deemed desirable by the initial purchase thereunder, which allowed by law. Commissioner of Purchases and purchase, together with all subse- Passed July 18, 2001. Supplies until provision is made quent purchases, shall be made on Awaiting the approval or disap- for the requirements for the entire order of the Commissioner of Pur- proval of the Mayor. y e a r . chases and Supplies pursuant to a Section 2. That the cost of said requisition against such contract contract shall be charged against duly certified by the Director of the proper appropriation account Finance. (RL 16986) Ord. No. 1064-01. and the Director of Finance shall Section 3. That this ordinance is By Councilman Patmon (by de- certify thereon the amount of the hereby declared to be an emergency partmental request). initial purchase thereunder, which measure and, provided it receives An emergency ordinance authoriz- purchase, together with all subse- the affirmative vote of two-thirds of ing the purchase by requirement quent purchases, shall be made on all the members elected to Council, contract of dry cell batteries, for the order of the Commissioner of Pur- it shall take effect and be in force various divisions of City govern- chases and Supplies pursuant to a immediately upon its passage and ment, for a period not to exceed two requisition against such contract approval by the Mayor; otherwise it years. duly certified by the Director of shall take effect and be in force Whereas, this ordinance consti- Finance. (RL 16990) from and after the earliest period tutes an emergency measure provid- Section 3. That this ordinance is allowed by law. ing for the usual daily operation of hereby declared to be an emergency Passed July 18, 2001. a municipal department; now, there- measure and, provided it receives Awaiting the approval or disap- fore the affirmative vote of two-thirds of proval of the Mayor. Be it ordained by the Council of all the members elected to Council, the City of Cleveland: it shall take effect and be in force Section 1. That the Director of immediately upon its passage and Finance is hereby authorized to approval by the Mayor; otherwise it Ord. No. 1063-01. make a written requirement con- shall take effect and be in force By Councilman Patmon (by de- tract in accordance with the Charter from and after the earliest period partmental request). and the Codified Ordinances of allowed by law. An emergency ordinance authoriz- Cleveland, Ohio, 1976, for the Passed July 18, 2001. ing the purchase by requirement requirements for the period of two Awaiting the approval or disap- contract of miscellaneous sized steel years for the necessary items of dry proval of the Mayor. plates, for the various divisions of cell batteries in the approximate City government, for a period not to amount as purchased during the pre- exceed two years. ceding term, to be purchased by the Whereas, this ordinance consti- Commissioner of Purchases and Sup- Ord. No. 1052-01. tutes an emergency measure provid- plies upon a unit basis for the var- By Councilmen O’Malley and Pat- ing for the usual daily operation of ious divisions of City government. mon (by departmental request). a municipal department; now, there- Bids shall be taken in such manner An emergency ordinance authoriz- fore as to permit an award to be made ing the purchase by requirement Be it ordained by the Council of for all items as a single contract, or contract of labor and materials nec- the City of Cleveland: by separate contract for each or any essary to maintain a high voltage Section 1. That the Director of combination of said items as the static pipe type transmission cable Finance is hereby authorized to Board of Control shall determine. system and emergency oil spill make a written requirement con- Alternate bids for a period less than clean-up, for the Division of Cleve- tract in accordance with the Charter two years may be taken if deemed land Public Power, Department of and the Codified Ordinances of desirable by the Commissioner of Public Utilities, for a period not to Cleveland, Ohio, 1976, for the Purchases and Supplies until provi- exceed two years. requirements for the period of two sion is made for the requirements Whereas, this ordinance consti- years for the necessary items of mis- for the entire term. tutes an emergency measure provid- cellaneous sized steel plates in the Section 2. That the cost of said ing for the usual daily operation of approximate amount as purchased contract shall be charged against a municipal department; now, there- during the preceding term, to be the proper appropriation account fore purchased by the Commissioner of and the Director of Finance shall Be it ordained by the Council of Purchases and Supplies upon a unit certify thereon the amount of the the City of Cleveland: basis for the various divisions of initial purchase thereunder, which Section 1. That the Director of City government. Bids shall be purchase, together with all subse- Public Utilities is hereby authorized taken in such manner as to permit quent purchases, shall be made on to make a written requirement con- an award to be made for all items order of the Commissioner of Pur- tract in accordance with the Char- as a single contract, or by separate chases and Supplies pursuant to a ter and the Codified Ordinances of contract for each or any combina- requisition against such contract Cleveland, Ohio, 1976, for the re- tion of said items as the Board of duly certified by the Director of quirements for the period of two Control shall determine. Alternate Finance. (RL 43020) years of the necessary items of bids for a period less than two years Section 3. That this ordinance is labor and materials necessary to may be taken if deemed desirable hereby declared to be an emergency maintain a high voltage static pipe by the Commissioner of Purchases measure and, provided it receives type transmission cable system and and Supplies until provision is made the affirmative vote of two-thirds of emergency oil spill clean-up, in the for the requirements for the entire all the members elected to Council, approximate amount as purchased term. it shall take effect and be in force during the preceding term, to be Section 2. That the cost of said immediately upon its passage and purchased by the Commissioner of contract shall be charged against approval by the Mayor; otherwise it Purchases and Supplies upon a unit the proper appropriation account shall take effect and be in force basis for the Division of Cleveland and the Director of Finance shall from and after the earliest period Public Power, Department of Public certify thereon the amount of the allowed by law. Utilities. Bids shall be taken in initial purchase thereunder, which Passed July 18, 2001. such manner as to permit an award purchase, together with all subse- Awaiting the approval or disap- to be made for all items as a sin- quent purchases, shall be made on proval of the Mayor. 1765 100 The City Record July 25, 2001

Ord. No. 1067-01. nos timekeeping software applica- a municipal department; now, there- By Councilman Patmon (by tion systems authorized by this ordi- fore, departmental request). nance, to be purchased by the Com- Be it ordained by the Council of An emergency ordinance authoriz- missioner of Purchases and Supplies the City of Cleveland: ing Director of Finance to acquire upon a unit basis for the Division Section 1. That the Director of one or more software licenses for of Accounts, Department of Finance. Port Control is hereby authorized to operation of a payroll software sys- Bids shall be taken in such manner make a written requirement con- tem and a human resources software as to permit an award to be made tract in accordance with the Charter application system; and a contract for all items as a single contract, or and the Codified Ordinances of with Kronos, Inc. for the acquisition by separate contract for each or any Cleveland, Ohio, 1976, for the of one or more licenses for time- combination of said items as the requirements for the period of one keeping system software; authoriz- Board of Control shall determine. year for the necessary items of ing said Director to enter into a Alternate bids for a period less than labor and materials necessary to requirement contract for computer a year may be taken if deemed upgrade the telephone system in the hardware necessary for the soft- desirable by the Commissioner of estimated sum of $60,000 to be pur- ware; and authorizing said Director Purchases and Supplies until provi- chased by the Commissioner of Pur- to employ one or more firms of con- sion is made for the requirements chases and Supplies upon a unit sultants as necessary to provide var- for the entire year. basis for the Division of Cleveland ious payroll processing and tax That the cost of said contract Hopkins International Airport, reporting services. shall be charged against the proper Department of Port Control. Bids Whereas, this ordinance consti- appropriation account and the Direc- shall be taken in such manner as to tutes an emergency measure provid- tor of Finance shall certify thereon permit an award to be made for all ing for the usual daily operation of the amount of the initial purchase items as a single contract, or by sep- a municipal department; now, there- thereunder, which purchase, togeth- arate contract for each or any com- fore er with all subsequent purchases, bination of said items as the Board Be it ordained by the Council of shall be made on order of the Com- of Control shall determine. Alter- the City of Cleveland: missioner of Purchases and Supplies nate bids for a period less than a Section 1. That the Director of pursuant to a requisition against year may be taken if deemed desir- Finance is hereby authorized to such contract duly certified by the able by the Commissioner of Pur- Director of Finance. acquire by contract with one or chases and Supplies until provision Section 4. That the Director of more computer software developers is made for the requirements for the or vendors or one or more firms of Finance is hereby authorized to entire year. computer software developers or employ by contract one or more con- Section 2. That the cost of said vendors for the purpose of supple- sultants or one or more firms of con- contract shall be charged against menting the regularly employed sultants for the purpose of supple- the proper appropriation account staff of the several departments of menting the regularly employed the City of Cleveland one or more staff of the several departments of and the Director of Finance shall licenses for a payroll software sys- the City of Cleveland in order to pro- certify thereon the amount of the tem and a human resources software vide professional payroll and check initial purchase thereunder, which application system, including imple- processing services, tax payment purchase, together with all subse- mentation, training, and technical and reporting, employee benefit and quent purchases, shall be made on support services for a period of one other reports and software and sup- order of the Commissioner of Pur- (1) year with four (4) options, exer- port, as necessary for such services chases and Supplies pursuant to a cisable by the Director of Finance, and reports. requisition against such contract to renew for additional consecutive The selection of said consultants duly certified by the Director of one (1) year terms, to be purchased for such services shall be made by Finance. (RL 30968) by the Commissioner of Purchases the Board of Control upon the nom- Section 3. That this ordinance is and Supplies upon a unit basis for ination of the Director of Finance hereby declared to be an emergency the Division of Accounts, Depart- from a list of qualified consultants measure and, provided it receives ment of Finance. available for such employment as the affirmative vote of two-thirds of The selection of said software may be determined after a full and all the members elected to Council, developers or vendors consultants complete canvass by the Director of it shall take effect and be in force for such services shall be made by Finance for the purpose of compil- immediately upon its passage and the Board of Control upon the nom- ing such a list. The compensation approval by the Mayor; otherwise it ination of the Director of Finance to be paid for such services shall be shall take effect and be in force from a list of qualified software fixed by the Board of Control. The from and after the earliest period developers or vendors available for contract herein authorized shall be allowed by law. such employment as may be deter- prepared by the Director of Law, Passed July 18, 2001. mined after a full and complete approved by the Director of Finance, Awaiting the approval or disap- canvass by the Director of Finance and certified by the Director of proval of the Mayor. for the purpose of compiling such Finance. a list. The compensation to be paid Section 5. That the costs for such for such services shall be fixed by services herein contemplated shall the Board of Control. The contract be paid from Fund Nos. 01-600201- Ord. No. 1121-01. herein authorized shall be pre- 698500 and 11 SF 006, Request No. By Mayor White. pared by the Director of Law, 30312. An emergency ordinance authoriz- approved by the Director of Section 6. That this ordinance is ing the Director of Port Control to Finance, and certified by the hereby declared to be an emergency enter into agreements with public Director of Finance. measure and, provided it receives authorities to pay or reimburse Section 2. That it is hereby deter- the affirmative vote of two-thirds of directly related costs incurred by mined that the within commodities all the members elected to Council, such entities for the purpose of are non-competitive and cannot be it shall take effect and be in force implementing mitigation construc- secured from any source other than immediately upon its passage and tion on Doan Brook, for the Depart- Kronos, Inc. Therefore, the Director approval by the Mayor; otherwise it ment of Port Control. of Finance is hereby authorized to shall take effect and be in force Whereas, this ordinance consti- make a written contract with Kro- from and after the earliest period tutes an emergency measure provid- nos, Inc. for acquisition of one or allowed by law. ing for the usual daily operation of more licenses for timekeeping soft- Passed July 18, 2001. a municipal department; now, there- ware, including as necessary, imple- Awaiting the approval or disap- fore, mentation, training and technical proval of the Mayor. Be it ordained by the Council of support services for a period of one the City of Cleveland: (1) year with four (4) options, exer- Section 1. That the Director of cisable by the Director of Finance, Port Control is hereby authorized to to renew for additional consecutive Ord. No. 1120-01. enter into agreements with public one (1) year terms. By Mayor White. authorities necessary to pay or reim- Section 3. That the Director of An emergency ordinance authoriz- burse directly related costs incurred Finance is hereby authorized to ing the purchase by requirement by such entities for the purpose of make a written requirement con- contract of labor and materials nec- implementing mitigation construc- tract in accordance with the Charter essary to upgrade the telephone sys- tion on Doan Brook as required by and the Codified Ordinances of tem at Cleveland Hopkins Interna- federal law pursuant to the Ohio Cleveland, Ohio, 1976, for the tional Airport, for the Department of Environmental Protection Agency’s requirements for the period of one Port Control. Director’s Final Findings and year for items of computer hardware Whereas, this ordinance consti- Orders and the Army Corps of Engi- necessary for implementation of the tutes an emergency measure provid- neers’ Section 404 Permit in an payroll, human resources and Kro- ing for the usual daily operation of amount not to exceed Five Million 1766 July 25, 2001 The City Record 101

Five Hundred Thousand Dollars proper appropriation account and Whereas, this ordinance consti- ($5,500,000). the Director of Finance shall certi- tutes an emergency measure provid- Section 2. That the cost of said fy thereon the amount of the initial ing for the usual daily operation of contract hereby authorized shall be purchase thereunder, which pur- a municipal department; now, there- paid from Fund Nos. 60 SF 001, 60 chase, together with all subsequent fore, SF 104, 60 SF 105, 60 SF 106, pas- purchases, shall be made on order of Be it ordained by the Council of senger facility charges and the fund the Commissioner of Purchases and the City of Cleveland: and/or subfunds to which are cred- Supplies pursuant to a requisition Section 1. That it is hereby deter- ited the proceeds of any general air- against such contract duly certified mined that the within commodities port revenue bonds, federal grants, by the Director of Finance. (RL and services are non-competitive and state grants, and local grants issued 30924) cannot be secured from any source for the purposes of this contract, Section 3. That the Director of other than Oracle Corporation. Request No. 30964. Port Control shall provide a bid Therefore, the Director of Port Con- Section 3. That the Director of analysis identifying the benefits of trol is hereby authorized to make a Port Control shall present the thir- a multi-year contract to the Council written contract with Oracle Corpo- ty percent (30%), sixty percent President, the Chairman of the ration for the acquisition of licenses (60%), and ninety-five percent Finance Committee and the Chair- and upgrades necessary to operate (95%) design submittals of the mit- man of the Aviation & Transporta- the CMMS system and technical sup- igation construction on Doan Brook tion Committee. port, for the various divisions of the to both the public at public hearings Section 4. That this ordinance is Department of Port Control. and to the Aviation and Trans- hereby declared to be an emergency Section 2. That the costs for such portation Committee of City Council. measure and, provided it receives commodities and services herein Section 4. That prior to entering the affirmative vote of two-thirds of contemplated shall not exceed into agreements with public author- all the members elected to Council, $20,000 and shall be paid from Fund ities as authorized in Section 1 of it shall take effect and be in force No. 60 SF 001, Request No. 30970. this ordinance, the Director of Port immediately upon its passage and Section 3. That pursuant to Sec- Control shall provide the Coun- approval by the Mayor; otherwise it tion 108(b) of the Charter, the pur- cilperson representing the ward in shall take effect and be in force chases authorized by this ordinance which Doan Brook is located with a from and after the earliest period may be made through cooperative copy of the one hundred percent allowed by law. agreements using state procedures. (100%) design submittal and receive Passed July 18, 2001. The Director of Port Control may approval thereof. Awaiting the approval or disap- sign all documents with the State of Section 5. That this ordinance is proval of the Mayor. Ohio or any of its political subdivi- hereby declared to be an emergency sions that are necessary to effectu- measure and, provided it receives ate such cooperative efforts and the affirmative vote of two-thirds of may enter into contract with the all the members elected to Council, Ord. No. 1128-01. vendors selected through that coop- it shall take effect and be in force By Mayor White. erative process. immediately upon its passage and An emergency ordinance authoriz- Section 4. That this ordinance is approval by the Mayor; otherwise it ing the purchase by contract of hereby declared to be an emergency shall take effect and be in force maintenance for the Nortel PBX sys- measure and, provided it receives from and after the earliest period tem, for the Division of Cleveland the affirmative vote of two-thirds of allowed by law. Hopkins International Airport, all the members elected to Council, Passed July 18, 2001. Department of Port Control. it shall take effect and be in force Awaiting the approval or disap- Whereas, this ordinance consti- immediately upon its passage and proval of the Mayor. tutes an emergency measure provid- approval by the Mayor; otherwise it ing for the usual daily operation of shall take effect and be in force a municipal department; now, there- from and after the earliest period fore, allowed by law. Ord. No. 1124-01. Be it ordained by the Council of Passed July 18, 2001. By Mayor White. the City of Cleveland: Awaiting the approval or disap- An emergency ordinance authoriz- Section 1. That the Director of proval of the Mayor. ing the purchase by requirement Port Control is hereby authorized to contract of deicing services, for the make a written contract in accor- Division of Cleveland Hopkins Inter- dance with the Charter and the Cod- national Airport, Department of Port ified Ordinances of Cleveland, Ohio, Ord. No. 1130-01. Control, for a period not to exceed 1976, for each or all of the follow- By Mayor White. five years. ing items: maintenance for the Nor- An emergency ordinance authoriz- Whereas, this ordinance consti- tel PBX system, to be purchased by ing the Director of Port Control to tutes an emergency measure provid- the Commissioner of Purchases and employ one or more consultants to ing for the usual daily operation of Supplies upon a unit basis for the provide professional services relat- a municipal department; now, there- Division of Cleveland Hopkins Inter- ing to the expansion of Cleveland fore, national Airport, Department of Port Hopkins International Airport con- Be it ordained by the Council of Control. cerning design, environmental stud- the City of Cleveland: Section 2. That the cost of said ies, environmental remediation and Section 1. That the Director of contract hereby authorized shall be regulatory compliance. Port Control is hereby authorized to paid from Fund No. 60 SF 001, Whereas, this ordinance consti- make a written requirement con- Request No. 30971. tutes an emergency measure provid- tract in accordance with the Charter Section 3. That this ordinance is ing for the usual daily operation of and the Codified Ordinances of hereby declared to be an emergency a municipal department; now, there- Cleveland, Ohio, 1976, for the measure and, provided it receives fore, requirements for the period of five the affirmative vote of two-thirds of Be it ordained by the Council of years of the necessary items of deic- all the members elected to Council, the City of Cleveland: ing services, in the approximate it shall take effect and be in force Section 1. That the Director of amount as purchased during the pre- immediately upon its passage and Port Control is hereby authorized to ceding term, to be purchased by the approval by the Mayor; otherwise it employ by contract one or more con- Commissioner of Purchases and Sup- shall take effect and be in force sultants or one or more firms of con- plies upon a unit basis for the Divi- from and after the earliest period sultants for the purpose of supple- sion of Cleveland Hopkins Interna- allowed by law. menting the regularly employed tional Airport, Department of Port Passed July 18, 2001. staff of the several departments of Control. Bids shall be taken in such Awaiting the approval or disap- the City of Cleveland in order to pro- manner as to permit an award to be proval of the Mayor. vide professional services relating made for all items as a single con- to the expansion of Cleveland Hop- tract, or by separate contract for kins International Airport concern- each or any combination of said ing design, environmental studies, items as the Board of Control shall Ord. No. 1129-01. environmental remediation and reg- determine. Alternate bids for a peri- By Mayor White. ulatory compliance. od less than five years may be An emergency ordinance authoriz- The selection of said consultants taken if deemed desirable by the ing Director of Port Control to enter for such services shall be made by Commissioner of Purchases and Sup- into contract without competitive the Board of Control upon the nom- plies until provision is made for the bidding with Oracle Corporation for ination of the Director of Port Con- requirements for the entire term. the acquisition of licenses and trol from a list of qualified consul- Section 2. That the cost of said upgrades necessary to operate the tants available for such employment contract shall not exceed $12,000,000 CMMS system and for technical sup- as may be determined after a full and shall be charged against the port. and complete canvass by the Direc- 1767 102 The City Record July 25, 2001 tor of Port Control for the purpose Ord. No. 1147-01. Be it ordained by the Council of of compiling such a list. The com- By Councilmen O’Malley and Pat- the City of Cleveland: pensation to be paid for such ser- mon (by departmental request). Section 1. That the Director of vices shall be fixed by the Board of An emergency ordinance authoriz- Public Utilities is hereby authorized Control. The contract herein autho- ing the purchase by requirement to make a written requirement con- rized shall be prepared by the Direc- contract of labor and materials nec- tract in accordance with the Charter tor of Law, approved by the Direc- essary to repair or replace roofs, for and the Codified Ordinances of tor of Port Control, and certified by the various divisions of the Depart- Cleveland, Ohio, 1976, for the the Director of Finance. ment of Public Utilities, for a period requirements for the period of two Section 2. That the cost of said not to exceed two years. years of the necessary items of elec- contract hereby authorized shall be Whereas, this ordinance consti- trical supplies and equipment, in the paid from Fund Nos. 60 SF 001, 60 tutes an emergency measure provid- approximate amount as purchased SF 104, 60 SF 105, 60 SF 106, pas- senger facility charges and the fund ing for the usual daily operation of during the preceding term, to be and/or subfunds to which are cred- a municipal department; now, there- purchased by the Commissioner of ited the proceeds of any general air- fore, Purchases and Supplies upon a unit port revenue bonds, federal grants, Be it ordained by the Council of basis for the various divisions of the state grants, and local grants issued the City of Cleveland: Department of Public Utilities. Bids for the purposes specified herein, Section 1. That the Director of shall be taken in such manner as to Request No. 30922. Public Utilities is hereby authorized permit an award to be made for all Section 3. That this ordinance is to make a written requirement con- items as a single contract, or by sep- hereby declared to be an emergency tract in accordance with the Charter arate contract for each or any com- measure and, provided it receives and the Codified Ordinances of bination of said items as the Board the affirmative vote of two-thirds of Cleveland, Ohio, 1976, for the of Control shall determine. Alternate all the members elected to Council, requirements for the period of two bids for a period less than two years it shall take effect and be in force years of the necessary items of may be taken if deemed desirable immediately upon its passage and labor and materials necessary to by the Commissioner of Purchases approval by the Mayor; otherwise it repair or replace roofs, in the and Supplies until provision is made shall take effect and be in force approximate amount as purchased for the requirements for the entire from and after the earliest period during the preceding term, to be term. allowed by law. purchased by the Commissioner of Section 2. That the cost of said Passed July 18, 2001. Purchases and Supplies upon a unit contract shall be charged against Awaiting the approval or disap- basis for the various divisions of the the proper appropriation account proval of the Mayor. Department of Public Utilities. Bids and the Director of Finance shall shall be taken in such manner as to certify thereon the amount of the permit an award to be made for all initial purchase thereunder, which items as a single contract, or by sep- purchase, together with all subse- Ord. No. 1142-01. By Councilmen O’Malley, Melena arate contract for each or any com- quent purchases, shall be made on and Patmon (by departmental re- bination of said items as the Board order of the Commissioner of Pur- quest). of Control shall determine. Alternate chases and Supplies pursuant to a An emergency ordinance authoriz- bids for a period less than two years requisition against such contract ing the Director of Public Utilities may be taken if deemed desirable duly certified by the Director of to enter into contract with Cleve- by the Commissioner of Purchases Finance. (RL 33884) land Housing Network to provide and Supplies until provision is made Section 3. That this ordinance is various customer services to low for the requirements for the entire hereby declared to be an emergency income home owners or for rental term. measure and, provided it receives property owners, for the Divisions of Section 2. That the cost of said the affirmative vote of two-thirds of Water, Water Pollution Control, and contract shall not exceed $500,000.00 all the members elected to Council, Cleveland Public Power, Department per year and shall be charged it shall take effect and be in force of Public Utilities. against the proper appropriation immediately upon its passage and Whereas, this ordinance consti- account and the Director of Finance approval by the Mayor; otherwise it tutes an emergency measure provid- shall certify thereon the amount of shall take effect and be in force ing for the usual daily operation of the initial purchase thereunder, from and after the earliest period a municipal department; now, there- which purchase, together with all allowed by law. fore, subsequent purchases, shall be made Passed July 18, 2001. Be it ordained by the Council of on order of the Commissioner of Awaiting the approval or disap- the City of Cleveland: Purchases and Supplies pursuant to proval of the Mayor. Section 1. That the Director of a requisition against such contract Public Utilities is hereby authorized duly certified by the Director of to enter into contract with Cleve- Finance. (RL 50101) land Housing Network to provide the following services for low Section 3. That this ordinance is Ord. No. 1151-01. income home owners or for rental hereby declared to be an emergency By Councilmen O’Malley and Pat- property owners whose owner meets measure and, provided it receives mon (by departmental request). the income guidelines and who are the affirmative vote of two-thirds of An emergency ordinance authoriz- City of Cleveland Divisions of all the members elected to Council, ing the purchase by contract of Water, Water Pollution Control, or it shall take effect and be in force labor and materials necessary to Cleveland Public Power customers: immediately upon its passage and clean and to apply a protective coat- install water conservation devices, approval by the Mayor; otherwise it ing on the whale mural located at to correct minor plumbing problems; shall take effect and be in force Cleveland Public Power’s Lake to repair roofs or replace water ser- from and after the earliest period Road plant, for the Department of vice lines or broker sewer lines, pro- allowed by law. Public Utilities. vide wiring upgrades, install fluo- Passed July 18, 2001. Whereas, this ordinance consti- rescent bulbs, replace refrigerator Awaiting the approval or disap- tutes an emergency measure provid- and remove the old ones. proval of the Mayor. ing for the usual daily operation of Section 2. That the costs of the a municipal department; now, there- contract authorized herein shall not fore, exceed $570,500.00 and shall be paid Be it ordained by the Council of from Fund No. 52 SF 001, 54 SF 001 Ord. No. 1150-01. the City of Cleveland: and 58 SF 001, Request No. 50103. By Councilmen O’Malley and Pat- Section 1. That the Director of Section 3. That this ordinance is mon (by departmental request). Public Utilities is hereby authorized hereby declared to be an emergency An emergency ordinance authoriz- to make a written contract in accor- measure and, provided it receives the affirmative vote of two-thirds of ing the purchase by requirement dance with the Charter and the Cod- all the members elected to Council, contract of electrical supplies and ified Ordinances of Cleveland, Ohio, it shall take effect and be in force equipment, for the various divisions 1976, for each or all of the follow- immediately upon its passage and of the Department of Public Utili- ing items: labor and materials nec- approval by the Mayor; otherwise it ties, for a period not to exceed two essary to clean and to apply a pro- shall take effect and be in force years. tective coating on the whale mural from and after the earliest period Whereas, this ordinance consti- located at Cleveland Public Power’s allowed by law. tutes an emergency measure provid- Lake Road plant, to be purchased by Passed July 18, 2001. ing for the usual daily operation of the Commissioner of Purchases and Awaiting the approval or disap- a municipal department; now, there- Supplies for a gross price, for the proval of the Mayor. fore, Department of Public Utilities. 1768 July 25, 2001 The City Record 103

Section 2. That the cost of said Be it ordained by the Council of Ord. No. 1155-01. contract hereby authorized shall be the City of Cleveland: By Councilmen O’Malley and Pat- paid from Fund No. 58 SF 001, Section 1. That the Director of mon (by departmental request). Request No. 50105. Public Utilities is hereby authorized An emergency ordinance deter- Section 3. That this ordinance is to make a written contract in accor- mining the method of making the hereby declared to be an emergency dance with the Charter and the Cod- public improvement of replacing or measure and, provided it receives ified Ordinances of Cleveland, Ohio, repairing water mains; authorizing the affirmative vote of two-thirds of 1976, for each or all of the follow- the Director of Public Utilities to all the members elected to Council, ing items: labor and materials nec- enter into contract for the making it shall take effect and be in force essary for rewiring starting relay of such improvement; and authoriz- immediately upon its passage and motor at Kirtland, to be purchased ing said director to employ one or approval by the Mayor; otherwise it by the Commissioner of Purchases more professional consultants to shall take effect and be in force and Supplies upon a unit basis for design the improvement. from and after the earliest period the Division of Water, Department Whereas, this ordinance consti- allowed by law. of Public Utilities. tutes an emergency measure provid- Passed July 18, 2001. Section 2. That the cost of said ing for the usual daily operation of Awaiting the approval or disap- contract hereby authorized shall be a municipal department; now, there- proval of the Mayor. paid from Fund Nos. 52 SF 001, 52 fore, SF 223, 52 SF 225, and from the Be it ordained by the Council of funds or funds to which are credit- the City of Cleveland: ed proceeds of the sale of water- Section 1. That, pursuant to Section Ord. No. 1152-01. works revenue bonds issued in the 167 of the Charter of the City of By Councilmen O’Malley and Pat- future which include this purpose, Cleveland, it is hereby determined to mon (by departmental request). Request No. 34019. make the public improvement of An emergency ordinance authoriz- Section 3. That this ordinance is replacing or repairing water mains, ing the purchase by contract of hereby declared to be an emergency for the Division of Water, Depart- labor and materials necessary to measure and, provided it receives ment of Public Utilities, by contract repair the rapid mix sluice gate at the affirmative vote of two-thirds of duly let to the lowest responsible bid- Garrett Morgan Water Treatment all the members elected to Council, der after competitive bidding upon a Plant, for the Division of Water, it shall take effect and be in force unit basis for the improvement. Department of Public Utilities. immediately upon its passage and Section 2. That the Director of Whereas, this ordinance consti- approval by the Mayor; otherwise it Public Utilities is hereby authorized tutes an emergency measure provid- shall take effect and be in force to enter into contract for the mak- ing for the usual daily operation of from and after the earliest period ing of the above public improvement a municipal department; now, there- allowed by law. with the lowest responsible bidder fore, Passed July 18, 2001. after competitive bidding upon a Be it ordained by the Council of Awaiting the approval or disap- unit basis for the improvement pro- the City of Cleveland: proval of the Mayor. vided however, that each separate Section 1. That the Director of trade and each distinct component Public Utilities is hereby authorized part of said improvement may be to make a written contract in accor- treated as a separate improvement, dance with the Charter and the Cod- Ord. No. 1154-01. and each, or any combination, of ified Ordinances of Cleveland, Ohio, such trades or components may be By Councilmen O’Malley and Pat- 1976, for each or all of the follow- the subject of a separate contract mon (by departmental request). ing items: labor and materials nec- upon a unit basis. An emergency ordinance authoriz- essary to repair the rapid mix sluice Section 3. That the Director of ing the purchase by contract of gate at Garrett Morgan Water Public Utilities is hereby authorized impellers and appurtenances, for the Treatment Plant, to be purchased by to employ by contract one or more Division of Water, Department of the Commissioner of Purchases and consultants or one or more firms of Public Utilities. Supplies upon a unit basis for the consultants for the purpose of sup- Division of Water, Department of Whereas, this ordinance consti- plementing the regularly employed Public Utilities. tutes an emergency measure provid- staff of the several departments of Section 2. That the cost of said ing for the usual daily operation of the City of Cleveland in order to pro- contract hereby authorized shall be a municipal department; now, there- vide professional services necessary paid from Fund Nos. 52 SF 001, 52 fore, design the public improvement SF 223, 52 SF 225, and from the Be it ordained by the Council of authorized above. funds or funds to which are credit- the City of Cleveland: The selection of said consultants ed proceeds of the sale of water- Section 1. That the Director of for such services shall be made by works revenue bonds issued in the Public Utilities is hereby authorized the Board of Control upon the nom- future which include this purpose, to make a written contract in accor- ination of the Director of Public Request No. 34022. dance with the Charter and the Cod- Utilities from a list of qualified con- Section 3. That this ordinance is ified Ordinances of Cleveland, Ohio, sultants available for such employ- hereby declared to be an emergency 1976, for each or all of the follow- ment as may be determined after a measure and, provided it receives ing items: impellers and appurte- full and complete canvass by the the affirmative vote of two-thirds of nances, to be purchased by the Com- Director of Public Utilities for the all the members elected to Council, missioner of Purchases and Supplies purpose of compiling such a list. it shall take effect and be in force upon a unit basis for the Division The compensation to be paid for immediately upon its passage and of Water, Department of Public Util- such services shall be fixed by the approval by the Mayor; otherwise it ities. Board of Control. The contract here- shall take effect and be in force Section 2. That the cost of said in authorized shall be prepared by from and after the earliest period contract hereby authorized shall be the Director of Law, approved by allowed by law. paid from Fund Nos. 52 SF 001, 52 the Director of Public Utilities, and Passed July 18, 2001. SF 223, 52 SF 225, and from the certified by the Director of Finance. Awaiting the approval or disap- funds or funds to which are credit- Section 4. That the cost of said proval of the Mayor. ed proceeds of the sale of water- improvement and services hereby works revenue bonds issued in the authorized shall be paid from Fund future which include this purpose, Nos. 52 SF 001, 52 SF 223 and 52 SF Request No. 34020. 225, Request No. 33336. Ord. No. 1153-01. Section 3. That this ordinance is Section 5. That this ordinance is By Councilmen O’Malley and Pat- hereby declared to be an emergency hereby declared to be an emergency mon (by departmental request). measure and, provided it receives measure and, provided it receives An emergency ordinance authoriz- the affirmative vote of two-thirds of the affirmative vote of two-thirds of ing the purchase by contract of all the members elected to Council, all the members elected to Council, labor and materials necessary for it shall take effect and be in force it shall take effect and be in force rewiring starting relay motor at immediately upon its passage and immediately upon its passage and Kirtland, for the Division of Water, approval by the Mayor; otherwise it approval by the Mayor; otherwise it Department of Public Utilities. shall take effect and be in force shall take effect and be in force Whereas, this ordinance consti- from and after the earliest period from and after the earliest period tutes an emergency measure provid- allowed by law. allowed by law. ing for the usual daily operation of Passed July 18, 2001. Passed July 18, 2001. a municipal department; now, there- Awaiting the approval or disap- Awaiting the approval or disap- fore, proval of the Mayor. proval of the Mayor. 1769 104 The City Record July 25, 2001

Ord. No. 1160-01. Whereas, Harp Restaurant, has Ord. No. 1217-01. By Councilmen O’Malley and Pat- proposed to lease said property from By Councilmen Cintron, Melena, mon (by departmental request). the City; and Cimperman and Patmon (by depart- An emergency ordinance authoriz- Whereas, this ordinance consti- mental request). ing the purchase by requirement tutes an emergency measure provid- An emergency ordinance authoriz- contract of various types of safety ing for the usual daily operation of ing the Commissioner of Purchases equipment required for compliance a municipal department; now, there- and Supplies to purchase a site for with OSHA and EPA regulations, fore, the elimination of blight at 1787 W. for the Divisions of Water, Cleve- Be it ordained by the Council of 44th Street, for the Department of land Public Power and Water Pol- the City of Cleveland: Community Development. lution Control, Department of Public Section 1. That notwithstanding Whereas, this ordinance consti- Utilities, for a period not to exceed and as an exception to the provisions tutes an emergency measure provid- two years. of Chapters 181 and 183 of the Codi- ing for the usual daily operation of Whereas, this ordinance consti- fied Ordinances of Cleveland, Ohio, a municipal department; now, there- tutes an emergency measure provid- 1976, the Director of Public Utilities fore, ing for the usual daily operation of is authorized to lease to Harp Be it ordained by the Council of a municipal department; now, there- Restaurant, certain property which is the City of Cleveland: fore, determined to be not needed for pub- Section 1. That notwithstanding Be it ordained by the Council of lic use for the term of the lease and and as an exception to the provi- the City of Cleveland: which is described as follows: sions of Chapter 181 and 183 of the Section 1. That the Director of Codified Ordinances of Cleveland, Public Utilities is hereby authorized Leased Premises to the Ohio, 1976, the Commissioner of Pur- to make a written requirement con- Harp Restaurant chases and Supplies is hereby autho- Situated in the City of Cleveland, tract in accordance with the Charter rized to purchase the following County of Cuyahoga and State of and the Codified Ordinances of described property for the purpose Ohio, and known as being part of Cleveland, Ohio, 1976, for the of the elimination of blight: Original Brooklyn Township Lot No. requirements for the period of two Situated in the City of Cleveland, 51 and bounded and described as fol- County of Cuyahoga and State of years of the necessary items of var- lows: ious types of safety equipment Ohio and known as being Sublot No. Beginning on the Westerly line of 6 in the Franklin Allotment of a required for compliance with OSHA West 44th Street (38 feet wide) now and EPA regulations, in the approx- part of Original Brooklyn Township vacated at its intersection with the Lot No. 51 as shown by the record- imate amount as purchased during center line of an unnamed alley (10 the preceding term, to be purchased ed plat in Volume 3 of Maps, Page feet wide) also vacated by Ordi- 11 of Cuyahoga County Records, and by the Commissioner of Purchases nance No. 751-98 passed by the Coun- and Supplies upon a unit basis for being 34 feet front on the Easterly cil of the City of Cleveland, August side of West 44th Street (formerly the Divisions of Water, Cleveland 19, 1998; thence Northerly along said Public Power and Water Pollution Harbor Street) and extending back Westerly line about 16 feet to a 94 feet 10.5 inches on the Southerly Control, Department of Public Utili- point; thence Westerly and parallel ties. Bids shall be taken in such line and extending back 94 feet 10 with the center line of said inches on the Northerly line, which manner as to permit an award to be unnamed alley about 73 feet to a made for all items as a single con- is also the Southerly line of Terret point; thence Southerly at right Avenue, N.W. (formerly Terret tract, or by separate contract for angles to the last described line each or any combination of said Street), and having a rear line of 34 about 16 feet to the center line of feet, as appears by said plat, be the items as the Board of Control shall said unnamed alley; thence Easter- determine. Alternate bids for a peri- same more or less, but subject to all ly along the center line of said alley legal highways. od less than two years may be taken to the place of beginning. Section 2. That the Director of if deemed desirable by the Commis- The above is a portion of the Community Development is hereby sioner of Purchases and Supplies unnamed 10' alley and Permanent authorized to execute on behalf of until provision is made for the Parcel No. 003-12-003. the City of Cleveland all necessary requirements for the entire term. Section 2. That the term of the documents to acquire such property Section 2. That the cost of said lease authorized by this ordinance and to employ and pay all fees for contract shall be charged against shall not exceed five (5) years, with two (2) options exercisable by the title companies, surveys, escrows, the proper appropriation account appraisers, environmental audits, and the Director of Finance shall Director of Public Utilities, to renew for additional five-year terms, and and all other costs necessary for the certify thereon the amount of the acquisition of such property. initial purchase thereunder, which cancellable upon thirty days written notice by said Director. Section 3. That the consideration purchase, together with all subse- to be paid for such property shall quent purchases, shall be made on Section 3. That the property described in this ordinance shall be not exceed its fair market value. order of the Commissioner of Pur- Section 4. That all costs of acqui- chases and Supplies pursuant to a leased at a rental of $600.00 per year. sition of land shall be paid from requisition against such contract Fund No. 01-999800-638000, Request duly certified by the Director of Section 4. That the lease may authorize the lessee to make No. 45706. Finance. (RL 33999) Section 5. That this ordinance is Section 3. That this ordinance is improvements to the leased premis- es subject to the approval of appro- hereby declared to be an emergency hereby declared to be an emergency measure and, provided it received measure and, provided it receives priate City agencies and officials. Section 5. That the lease shall be the affirmative vote of two-thirds of the affirmative vote of two-thirds of all the members elected to Council, all the members elected to Council, prepared by the Director of Law and shall contain such authorized terms it shall take effect and be in force it shall take effect and be in force immediately upon its passage and immediately upon its passage and and conditions as are required to protect the interests of the City. approval by the Mayor; otherwise, it approval by the Mayor; otherwise it Section 6. That the Director of shall take effect and be in force shall take effect and be in force Public Utilities and the Director of from and after the earliest period from and after the earliest period Law, and other appropriate City offi- allowed by law. allowed by law. cials, are authorized to execute such Passed July 18, 2001. Passed July 18, 2001. other documents and certificates, Awaiting the approval or disap- Awaiting the approval or disap- and take such other actions as may proval of the Mayor. proval of the Mayor. be necessary or appropriate to effect the lease authorized by this ordi- nance. Section 7. That this ordinance is Ord. No. 1220-01. Ord. No. 1161-01. hereby declared to be an emergency By Councilman Dolan. By Councilmen O’Malley and Pat- measure and, provided it receives An emergency ordinance to amend mon (by departmental request). the affirmative vote of two-thirds of the Title and Section 1 of Ordinance An emergency ordinance authoriz- all the members elected to Council, No. 1737-2000, passed October 2, 2000, ing the Director of Public Utilities it shall take effect and be in force to authorize the Director of Com- to lease City-owned property to immediately upon its passage and munity Development to enter into a Harp Restaurant, for a term of five approval by the Mayor; otherwise it grant agreement with Kamm’s Cor- years, with two options to renew for shall take effect and be in force ner Development Corporation for the additional five-year terms. from and after the earliest period acquisition of certain property to Whereas, the City of Cleveland allowed by law. promote the public purpose of cre- owns certain property which is not Passed July 18, 2001. ating or preserving jobs through the needed for public use for the next Awaiting the approval or disap- use of Ward 21 Neighborhood Equi- five years; and proval of the Mayor. ty Funds. 1770 July 25, 2001 The City Record 105

Whereas, this ordinance consti- expended on the subject project shall take effect and be in force tutes an emergency measure provid- shall be returned to Fund No. 10 SF from and after the earliest period ing for the usual daily operation of 166. allowed by law. a municipal department; now, there- Section 2. That existing Section 3 Passed July 18, 2001. fore, of Ordinance No. 1000-2000, passed Awaiting the approval or disap- Be it ordained by the Council of June 19, 2000, as amended by Ordi- proval of the Mayor. the City of Cleveland: nance No. 1590-2000, passed Novem- Section 1. That the Title and Sec- ber 27, 2000 and Ordinance No. 707- tion 1 of Ordinance No. 1737-2000, 01, passed April 23, 2001 is hereby passed October 2, 2000 are hereby repealed. Ord. No. 1226-01. amended to read as follows: Section 3. That this ordinance is By Councilmen Jackson, Melena, An emergency ordinance authoriz- hereby declared to be an emergency Cimperman and Patmon (by depart- ing the Director of Community measure and, provided it receives mental request). Development to enter into a grant the affirmative vote of two-thirds of An emergency ordinance authoriz- agreement with Kamm’s Corner all the members elected to Council, ing the acquisition and disposition Development Corporation for the it shall take effect and be in force of real property and the improve- acquisition of 16730 Lorain Avenue immediately upon its passage and ments located thereon comprising to promote the public purpose of cre- approval by the Mayor; otherwise it Rainbow Terrace Apartments, ac- ating and preserving jobs and shall take effect and be in force cepting a grant from the United employment opportunities to pre- from and after the earliest period States Department of Housing and serve the welfare of the State, and allowed by law. Urban Development in connection eradicating blight through the use Passed July 18, 2001. with the redevelopment of that prop- of Ward 21 Neighborhood Equity Awaiting the approval or disap- erty, authorizing agreements with Funds. proval of the Mayor. the United States Secretary of Hous- Section 1. That the Director of ing and Urban Development and Community Development is autho- with Vesta Corporation, or its rized to enter into a grant agree- designee, in connection therewith ment with Kamm’s Corner Develop- Ord. No. 1224-01. and authorizing and approving ment Corporation for the acquisition By Councilmen Gordon and Pat- related matters. of 16730 Lorain Avenue to promote mon (by departmental request). Whereas, pursuant to the authori- the public purpose of creating or An emergency ordinance deter- ty of Section 203 of the Housing and preserving jobs and employment mining the method of making the Community Development Amend- opportunities to preserve the eco- public improvement of rehabilitat- ments of 1978, 12 U.S.C. §1701z-11, as nomic welfare of the Sate, and erad- ing various health centers; and amended by Section 101(b) of the icating blight, through the use of authorizing the Director of Public Multifamily Housing Property Dis- Ward 21 Neighborhood Equity Health to enter into contract for the position Reform Act of 1994 (as so Funds. making of such improvement. amended, the “Act”) and regulations Section 2. That the Title and Sec- Whereas, this ordinance consti- promulgated pursuant thereto (the tion 1 of Ordinance No. 1737-2000, tutes an emergency measure provid- “Regulations”), the United States passed October 2, 2000 are hereby ing for the usual daily operation of Department of Housing and Urban repealed. a municipal department; now, there- Development, acting by and through Section 3. That this ordinance is fore the Secretary of Housing and Urban hereby declared to be an emergency Be it ordained by the Council of Development (“HUD”), has deter- measure and, provided it received the City of Cleveland: mined to dispose of certain real the affirmative vote of two-thirds of Section 1. That, pursuant to Sec- property, the improvements thereon all the members elected to Council, tion 167 of the Charter of the City and a Housing Assistance Payments it shall take effect and be in force of Cleveland, it is hereby deter- (“HAP”) contract, tenant leases and immediately upon its passage and mined to make the public improve- other personal property related approval by the Mayor; otherwise, it ment of rehabilitating the following thereto, all located in the City of shall take effect and be in force health centers: J. Glen Smith, Cleveland (the “City”) known as from and after the earliest period Miles/Broadway, McCafferty and Rainbow Terrace Apartments (col- allowed by law. Tremont, for the Department of Pub- lectively, the “Property”); and Passed July 18, 2001. lic Health, by contract duly let to Whereas, pursuant to the Act and Awaiting the approval or disap- the lowest responsible bidder after the Regulations, HUD has deter- proval of the Mayor. competitive bidding for a gross mined that it is necessary and price for the improvement. appropriate to make available an Section 2. That the Director of up-front grant in an amount present- Public Health is hereby authorized ly estimated not to exceed Ord. No. 1222-01. to enter into contract for the mak- $11,302,962.00 in connection with By Councilman Dolan. ing of the above public improvement rehabilitation and development and An emergency ordinance to amend with the lowest responsible bidder other related development of the Section 3 of Ordinance No. 1000-2000, after competitive bidding for a gross Property; and passed June 19, 2000, as amended by price for the improvement, provided, Whereas, in order to provide the Ordinance No. 1590-2000, passed however, that each separate trade up-front grant in the most economi- November 27, 2000 and Ordinance No. and each distinct component part of cally efficient manner possible, 707-01, passed April 23, 2001, relating said improvement may be treated as HUD wishes to convey title to the to the public improvement of reha- a separate improvement, and each, Property to the City pursuant to a bilitating sewers on Westpark and or any combination, of such trades Contract for Sale (the “HUD Con- Lydian Roads. or components may be the subject of tract for Sale”) between HUD and Whereas, this ordinance consti- a separate contract for a gross the City, and to make the up-front tutes an emergency measure provid- price. Upon request of said director grant available pursuant to an Up- ing for the usual daily operation of the contractor shall furnish a cor- Front Grant Agreement (the “Grant a municipal department; now, there- rect schedule of unit prices, includ- Agreement”) between HUD and the fore ing profit and overhead, for all City, a copy of which is in File No. Be it ordained by the Council of items constituting units of said 1226-01-A (the “File”); and the City of Cleveland: improvement. (RL 30520) Whereas, Vesta Corporation, or its Section 1. That Section 3 of Ordi- Section 3. That the Director of designated successors or assigns nance No. 1000-2000, passed June 19, Public Health shall provide each (the “Developer”) has offered to pur- 2000, as amended by Ordinance No. member of Cleveland City Council chase the Property along with other 1590-2000, passed November 27, 2000, with a copy of the survey and eval- City-owned property (the HUD- is hereby amended to read as fol- uation reports that are prepared by owned property and the City-owned lows: consultants assisting the City in the property jointly referred to herein Section 3. That the cost of said rehabilitating of the health centers as the “Redevelopment Property”) improvement hereby authorized authorized in Section 1 of this ordi- from the City and to redevelop a shall be paid from Fund No. 54 SF nance. portion of the Redevelopment Prop- 001, from any fund or funds to Section 4. That this ordinance is erty into affordable rental housing; which are credited any allocations hereby declared to be an emergency and received from the Northeast Ohio measure and, provided it receives Whereas, this Council believes Regional Sewer District to con- the affirmative vote of two-thirds of that the acquisition of the Property tribute to the cost of this improve- all the members elected to Council, from HUD pursuant to the HUD Con- ment, and an amount not to exceed it shall take effect and be in force tract for Sale and the sale of the $148,000 from Fund No 10 SF 166. All immediately upon its passage and Redevelopment Property to the funds herein appropriated not approval by the Mayor; otherwise it Developer by private negotiation 1771 106 The City Record July 25, 2001 and the redevelopment of the Rede- Section 4. That notwithstanding a portion of the loan by accepting velopment Property by the Develop- and as an exception to any provi- obligations exempt from federal er pursuant to a Redevelopment sion of the Codified Ordinances of income tax under Section 103 of the Agreement (the “Redevelopment Cleveland, Ohio, 1976, this Council Internal Revenue Code of 1986, as Agreement”) is in the best interest finds and determines that disposi- amended, and issued for the purpose of the City and is the best means of tion of the Redevelopment Property of funding the Property improve- accomplishing the necessary rede- by negotiated sale is in the City’s ments. The Mayor, the Director of velopment of the Redevelopment best interests; authorizes the dispo- Community Development, the Direc- Property in order to carry out the sition of the Redevelopment Proper- tor of Finance, the Director of Law City’s public purpose of providing ty by negotiation, subject to and other City officials, as appro- safe, decent and sanitary affordable approval by the Board of Control; priate, are hereby authorized to housing in the City; and and approves the Redevelopment accept such security instruments Whereas, in order to complete the Agreement and the conveyance of and execute and deliver such agree- redevelopment of the Redevelop- the Redevelopment Property to the ments as may be necessary to ment Property in accordance with Developer and the loan of the up- secure repayment of the loans con- the Act, the Regulations and the front grant proceeds to the Devel- sistent with the provisions of this Redevelopment Agreement, the oper upon the terms and conditions Ordinance. City intends to loan the proceeds of set forth in the Redevelopment Section 6. That this Council finds the up-front grant to the Developer Agreement. This Council authorizes and determines the sale of the Rede- pursuant to the Redevelopment and directs the Mayor and the Direc- velopment Property for the consid- Agreement and upon mutually tor of Community Development, or eration provided in the Redevelop- agreeable terms and conditions as either one of them, to execute and ment Agreement is satisfactory and provided in the Redevelopment deliver, on behalf of the City the proper, and that the redevelopment Agreement; and Redevelopment Agreement, with of the Redevelopment Property with Whereas, this ordinance consti- such changes or amendments that affordable housing units will fur- tutes an emergency ordinance pro- are not inconsistent with this Ordi- ther the City’s objective of provid- viding for the public peace, proper- nance and that are approved by the ing additional safe, decent and san- ty, health and safety in that the pro- Director of Community Development itary affordable housing in the City posed acquisition, sale and redevel- as not being substantially adverse and improve the health, safety and opment of the Redevelopment Prop- to the City, with signing and deliv- economic welfare of the residents of erty will improve the welfare of the ery of the Redevelopment Agree- the City, all of which is hereby City and its residents by accom- ment, or amendments thereto, being determined to be substantial addi- plishing the aforesaid public pur- conclusive evidence of such tional valuable consideration to the pose; now therefore approval. This Council authorizes City. Be it ordained by the Council of and directs the Commissioner of Section 7. That it is found and the City of Cleveland: Purchases and Supplies, the Mayor determined that all formal actions Section 1. This Council determines and the Director of Community of this Council and any of its com- Development, as appropriate to exe- mittees concerning and relating to that, in order to carry out the City’s cute and deliver to the Developer, the passage of this Ordinance were public purpose of providing safe, upon satisfaction of the applicable taken, and that all deliberations of decent and sanitary affordable conditions precedent set forth in the this Council and of any of its com- housing in the City, and notwith- Redevelopment Agreement, a quit- mittees that resulted in those formal standing and as an exception to any claim deed (the “Deed”) and related actions were held, in meetings open provision of the Codified Ordinances assignments, bills of sale or other to the public in compliance with all of Cleveland, Ohio, 1976, the Com- agreements conveying the Redevel- legal requirements, including, with- missioner of Purchases and Supplies opment Property (including the out limitation, Section 121.22 of the and the Director of Community HAP contract, the leases and the Revised Code. Development, as appropriate, are other personal property related to Section 8. That it is found and hereby authorized to execute and the operation and maintenance of determined, and is hereby repre- deliver, on behalf of the City, the the Project) to the Developer; pro- sented and recited, that the provi- HUD Contract for Sale and pursuant vided that Deed shall contain such sions of Sections 28, 29, 32, 33 thereto to accept title to the Prop- restrictive covenants, reversionary (including the provisions of Section erty, consisting of Permanent Par- interests or similar provisions as 33 with respect to readings on three cel Nos. 125-15-003, 125-15-004, and may, in the judgment of the Direc- separate days or dispensing with 125-15-005, as more fully described tor of Community Development, be such readings by a two-thirds vote in the legal descriptions in the File, required to ensure the elimination of of all members of the Council), 36, which File also includes a legal blight and deterioration and for the 37, 48 and all other applicable pro- description for City-owned land prevention of recurrence of said con- visions of the City’s Charter and the being Parcel No. 125-15-002, the ditions, and shall specifically con- rules of this Council have been fully improvements thereon, the HAP tain a provision against the creation complied with and this Ordinance contract, tenant leases and the of advertising signs or billboards was passed in conformity therewith. other personal property related to other than permitted identification Section 9. That each section and the operation and maintenance of signs. each part of each section of this the Property. Section 5. That the Mayor, the Ordinance is hereby declared to be Section 2. That this Council Director of Community Develop- an independent section or part of a determines that, in order to com- ment, the Director of Finance, the section and, notwithstanding any plete the redevelopment of the Director of Law, the Clerk of Coun- other evidence of legislative intent, Redevelopment Property, and not- cil and other City officials, as appro- it is hereby declared to be the con- withstanding and as an exception priate, are authorized to provide trolling legislative intent that if any to any provision of the Codified such information and to execute, such section or part of a section or Ordinances of Cleveland, Ohio, certify or furnish such other docu- any provision thereof, or the appli- 1976, the Mayor and the Director of ments, and do all other things as are cation thereof to any person or cir- Community Development, or either necessary for or incidental to carry- cumstance, is held to be invalid, the one of them, are hereby authorized ing out the conveyance of the Rede- remaining sections or parts of sec- to execute and deliver, on behalf of velopment Property pursuant to the tions and the application of such the City, the Grant Agreement and terms of the HUD Contract for Sale provisions to any other person or accept the up-front grant on behalf and the Redevelopment Agreement. circumstance, other than those as to of the City. The grant proceeds are The loan of the HUD up-front grant which it is held invalid, shall not be hereby appropriated for the pur- may be made as one loan in multi- affected thereby, and it is hereby poses set forth in the Grant Agree- ple installments or as multiple loans declared to be the legislative intent ment and the Redevelopment in an aggregate amount not to that the other provisions of this A g r e e m e n t . exceed $11,302,962.00 and the obliga- Ordinance would have been passed Section 3. That this Council finds tion of the Developer to repay the independently of such section, or and determines that, in order to loan may be subordinate to the parts of a section, so held to be carry out the City’s public purpose obligations of the Developer under invalid. of providing safe, decent and sani- any other financing arrangements Section 10. That this ordinance is tary affordable housing in the City, for the Property improvements. Not- hereby declared to be an emergency it is necessary and appropriate to withstanding and as an exception to measure for the immediate preser- sell the Redevelopment Property to any provision of any Codified Ordi- vation of the public peace, property, the Developer and cause its rede- nances of Cleveland, Ohio, 1976, if health and safety of the City by pro- velopment through the rehabilita- determined by the Director of viding funds to assist in the rede- tion, equipping and improvement of Finance to be advantageous to the velopment of the property and the the Property to be made by the financing of the Property improve- provision of safe, decent and sani- Developer. ments, the City may evidence all or tary affordable housing in the City 1772 July 25, 2001 The City Record 107 and, provided it receives the affir- tion, or its designees, to provide Section 3. That the Director of mative vote of two-thirds of all the financial assistance to partially Law shall prepare and approve said members elected to Council, it shall finance the development of Park contract and that the contract shall take effect and be in force immedi- Village Community Apartments, contain such terms and provisions ately upon its passage and approval Notre Dame Community Homes and as he deems necessary to protect the by the Mayor; otherwise it shall Rockefeller West Townhouses. City’s interest. take effect and be in force from and Section 2. That the terms of said Section 4. That this ordinance is after the earliest period allowed by loan or loans shall be determined by hereby declared to be an emergency law. the Director of Community Develop- measure and, provided it received Passed July 18, 2001. ment in accordance with Federal the affirmative vote of two-thirds of Awaiting the approval or disap- regulations, state and local law. all the members elected to Council, proval of the Mayor. Section 3. That the aggregate cost it shall take effect and be in force of the agreements referenced above immediately upon its passage and shall not exceed Two Million Dol- approval by the Mayor; otherwise, it lars ($2,000,000) and shall be paid shall take effect and be in force Ord. No. 1228-01. from Fund No. 14 SF 810, Request from and after the earliest period By Councilmen Johnson and White. No. 45705. allowed by law. An emergency ordinance authoriz- Section 4. That the Director of Passed July 18, 2001. ing the Director of Community Community Development shall Awaiting the approval or disap- Development to enter into an obtain irrevocable, unconditional let- proval of the Mayor. agreement with A Cultural Ex- ters of credit to secure repayment of change for an after school literacy said loans. Any security instrument project through the use of Ward 2, shall be approved by the Director of 4 Neighborhood Equity Funds. Law. Ord. No. 1236-01. Whereas, this ordinance consti- Section 5. That the Director of By Councilman Patmon (by tutes an emergency measure provid- Community Development is hereby departmental request). ing for the usual daily operation of authorized to accept monies in An emergency ordinance authoriz- a municipal department; now, there- repayment of the loan or loans and ing the purchase by requirement fore, to deposit said monies in Fund No. contract of office moving services, Be it ordained by the Council of 14 SF 810. for the various divisions of City gov- the City of Cleveland: Section 6. That the Director of ernment. Section 1. That the Director of Community Development is hereby Whereas, this ordinance consti- Community Development is autho- authorized to charge and accept fees tutes an emergency measure provid- rized to enter into an agreement in an amount not to exceed the max- ing for the usual daily operation of with A Cultural Exchange for an imum allowable under federal regu- a municipal department; now, there- after school literacy project in Ward lations and expend such fees to fore 2 and 4, to further the public pur- cover costs incurred in the prepara- Be it ordained by the Council of pose of providing educational ser- tion of one or more loan applica- the City of Cleveland: vices for residents of the City of tions, closings, and servicing of the Section 1. That the Director of Cleveland through the use of Ward loan or loans. Finance is hereby authorized to 2 and 4 Neighborhood Equity Funds. Section 7. That the Director of make a written requirement con- Section 2. That the cost of said Law is hereby authorized to prepare tract in accordance with the Charter contract shall be in an amount not said contract or contracts and such and the Codified Ordinances of other documents as may be appro- to exceed $60,000 and shall be paid Cleveland, Ohio, 1976, for the priate to complete the transactions. from Fund No. 10 SF 166. requirements for the period of one Section 8. That this ordinance is Section 3. That the Director of year for the necessary items of hereby declared to be an emergency Law shall prepare and approve said office moving services in the measure and, provided it receives contract and that the contract shall approximate amount as purchased the affirmative vote of two-thirds of contain such terms and provisions during the preceding year, to be pur- as he deems necessary to protect the all the members elected to Council, it shall take effect and be in force chased by the Commissioner of Pur- City’s interest. chases and Supplies upon a unit Section 4. That this ordinance is immediately upon its passage and approval by the Mayor; otherwise it basis for the various divisions of hereby declared to be an emergency shall take effect and be in force City government. Bids shall be measure and, provided it received from and after the earliest period taken in such manner as to permit the affirmative vote of two-thirds of allowed by law. an award to be made for all items all the members elected to Council, Passed July 18, 2001. as a single contract, or by separate it shall take effect and be in force Awaiting the approval or disap- contract for each or any combina- immediately upon its passage and proval of the Mayor. tion of said items as the Board of approval by the Mayor; otherwise, it Control shall determine. Alternate shall take effect and be in force bids for a period less than a year from and after the earliest period may be taken if deemed desirable allowed by law. Ord. No. 1233-01. by the Commissioner of Purchases Passed July 18, 2001. By Councilman Patmon. and Supplies until provision is made Awaiting the approval or disap- An emergency ordinance authoriz- for the requirements for the entire proval of the Mayor. ing the Director of Community year. Development to enter into an agree- Section 2. That the cost of said ment with Parkworks for Adult contract shall be charged against Basic Landscaping Training Pro- the proper appropriation account Ord. No. 1229-01. gram in order to carry out the pub- and the Director of Finance shall By Councilmen Lewis, Melena and lic purpose of providing job training certify thereon the amount of the Patmon (by departmental request). through the use of Ward 8 Neigh- initial purchase thereunder, which An emergency ordinance authoriz- borhood Equity Funds. purchase, together with all subse- ing the Director of Community Whereas, this ordinance consti- quent purchases, shall be made on Development to enter into contract tutes an emergency measure provid- order of the Commissioner of Pur- with Famicos Foundation, or its ing for the usual daily operation of chases and Supplies pursuant to a designees, to provide financial assis- a municipal department; now, there- requisition against such contract tance in the form of Community fore, duly certified by the Director of Development Float Loans to partial- Be it ordained by the Council of Finance. (RL 43024) ly finance various housing develop- the City of Cleveland: Section 3. That this ordinance is ment projects. Section 1. That the Director of hereby declared to be an emergency Whereas, this ordinance consti- Community Development is autho- measure and, provided it receives tutes an emergency measure provid- rized to enter into an agreement the affirmative vote of two-thirds of ing for the usual daily operation of with Parkworks to provide an Adult all the members elected to Council, a municipal department; now, there- Basic Landscaping Training Pro- it shall take effect and be in force fore gram in order to carry out the pub- immediately upon its passage and Be it ordained by the Council of lic purpose of providing job training approval by the Mayor; otherwise it the City of Cleveland: through the use of Ward 8 Neigh- shall take effect and be in force Section 1. That the Director of borhood Equity Funds. from and after the earliest period Community Development is hereby Section 2. That the cost of said allowed by law. authorized to enter into one or more contract shall be in an amount not Passed July 18, 2001. Community Development Float Loan to exceed $17,250 and shall be paid Awaiting the approval or disap- Agreements with Famicos Founda- from Fund No. 10 SF 166. proval of the Mayor. 1773 108 The City Record July 25, 2001

Ord. No. 1239-01. out the public purpose of providing 12) SE Corner Joan Ave. & Lorain, By Councilmen Reed, Jones, White, educational and recreational pro- #EOM 15157 Johnson, Britt, Jackson, Willis, grams for children through the use 13) 10911 Lorain Ave., #EOM 15156 Coats, Polensek, Rybka, Cimperman, of Ward 12 Neighborhood Equity 14) SW Corner of Lorain Ave. & Gordon, Westbrook, Brady, Sweeney Funds. W. 110th, #EOM 15155 and Dolan. Section 2. That the cost of said 15) 11023 Lorain Ave., #EOM 15153 An emergency ordinance autho- contract shall be in an amount not 16) 1st pole on East portion of rizing the Director of Community to exceed $150,000 and shall be paid Christian Home, #EOM 15150 Development to enter into an agree- from Fund No. 10 SF 166. 17) and 18) In front of Christian ment with Murtis H. Taylor Multi- Section 3. That the Director of Home, #EOM 15148, #EOM 15146 Service Center for Ninth Annual Law shall prepare and approve said 19) SE Corner of Bosworth & African American Family Day Pic- contract and that the contract shall Lorain Ave., #EOM 15145 nic through the use of Ward 1, 2, contain such terms and provisions 20) SW Corner of Bosworth & 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, 18, 19, as he deems necessary to protect the Lorain Ave., #EOM 15144 20, and 21 Neighborhood Equity City’s interest. 21) 11515 Lorain Ave., #EOM 15142 F u n d s . Section 4. That this ordinance is 22) In front of Lyric, #EOM 15140 Whereas, this ordinance consti- hereby declared to be an emergency 23) 11629 Lorain Ave., #EOM 15139 tutes an emergency measure provid- measure and, provided it received 24) SE Corner of W. 117th & ing for the usual daily operation of the affirmative vote of two-thirds of Lorain Ave., #EOM 15138 a municipal department; now, there- all the members elected to Council, 25) SW Corner of W. 117th St. & fore, it shall take effect and be in force Lorain Ave., #ETM 113 (19729) Be it ordained by the Council of immediately upon its passage and 26) Pole between 11711 & 11717 the City of Cleveland: approval by the Mayor; otherwise, it Lorain Ave., #19735 Section 1. That the Director of shall take effect and be in force 27) SW Corner of W. 118th & Community Development is autho- from and after the earliest period Lorain Ave., #ETM 4423 rized to enter into an agreement allowed by law. 28) 11833 Lorain Ave., #MELP with Murtis H. Taylor Multi-Service Passed July 18, 2001. 19738 Center for their African American Awaiting the approval or disap- 29) Pole in front of 11901 Lorain Family Day Picnic for the public proval of the Mayor. Ave., #19739 purpose of cultural education, appre- 30) Pole on SW Corner of W. 120th ciation of the arts and celebration & 12019 Lorain Ave., #19742 of the African American heritage 31) 12119 Lorain Ave., #ETM 1128 for Cleveland residents. Ord. No. 1369-01. 32) –and– 33) –and– CEI poles at Section 2. That the cost of said By Councilmen Brady and Swee- 12207 Lorain Ave. West of RTA stop contract shall be in an amount not ney. #52461, and SW Corner of W. 123 & to exceed $20,500 and shall be paid An emergency ordinance authoriz- Lorain #52465 from Fund No. 10 SF 166. ing the Director of Public Service to 34) –and– CPP poles at 12409 Section 3. That the Director of issue a permit to Westown Commu- Lorain Ave., #ETM 1122 Law shall prepare and approve said nity Development Corporation to 35) 12519 Lorain Ave., #ETM 1120 contract and that the contract shall hang 102 Holiday Wreaths that will 36) Pole on SW Corner of W. 126th contain such terms and provisions encroach into the Public right-of- & Lorain Ave., #18628 as he deems necessary to protect the way on Lorain Ave. from West Blvd. 37) and CEI Poles at SW Side in City’s interest. to W. 140th St. using Cleveland Pub- front of Salvation Army, #52481 Section 4. That this ordinance is lic Power & Cleveland Electric Illu- 38) In front of Lion’s Pub, #52485 hereby declared to be an emergency minating utility poles (by separate 39) 12714 Lorain Ave., #52489 measure and, provided it received permissions). 40) 12831 Lorain Ave., #52493 the affirmative vote of two-thirds of Whereas, this ordinance consti- 41) –and– CPP poles at; VME Auto all the members elected to Council, tutes an emergency measure provid- Sales, #EMT 1108 it shall take effect and be in force ing for the usual daily operation of 42) 1 of the 2 poles at 12945 Lorain immediately upon its passage and a municipal department; now, there- Ave., 18629 approval by the Mayor; otherwise, it fore, 43) SW Corner of W. 130th & shall take effect and be in force Be it ordained by the Council of Lorain, #ETM 1106 from and after the earliest period the City of Cleveland: 44) –and– CEI poles at; Pole West allowed by law. Section 1. That the Director of of RTA Shelter, # 52507 Passed July 18, 2001. Public Service is hereby authorized 45) –and– CPP poles on SW Cor- Awaiting the approval or disap- and directed to issue a permit to ner of CVS Store, #17520 proval of the Mayor. Westown Community Development 46) Pole on SW Corner of W. Corporation, 10313 Lorain Avenue, 132nd St. & Lorain, #17521 Cleveland, Ohio 44111, its successors 47) –and– CEI pole near RTA and assigns, to hang approximately Shelter in front of Jefferson Park, Ord. No. 1241-01. one-hundred-two (102) Holiday #52519 By Councilman Rybka. Wreaths on Lorain Avenue from 48) –and– CPP pole at 13305 An emergency ordinance authoriz- West Boulevard to West 140th Street Lorain Ave., #EOM 1203 ing the Director of Community using Cleveland Public Power and 49) –and– CEI pole at 13343 Lorain Development to enter into a grant Cleveland Electric Illuminating util- Ave., #52527 agreement with Boys and Girls Club ity poles (by separate permissions), 50) –and– CPP poles on SW Cor- of Cleveland for their Positive on the following locations and pole ner of W. 134th & Lorain, #EOM Place for Kids Programs in order to numbers: On the South Side of 1234 carry out the public purpose of pro- Lorain Avenue: 51) 13439 Lorain Ave., #3786 viding educational and recreational 1) CPP poles at; SW Corner West 52) Vinnie’s Beverage, #EOM 1238 programs for children through the Blvd. & Lorain; #AOM-2255 53) 13581 Lorain in front of Key use of Ward 12 Neighborhood Equi- 2) and 3) Lorain moving West, Bank in Marc’s Plaza, #EOM 1240 ty Funds. #AOM-2254 and #AOM 2252 54) Pole in front of Advance Auto Whereas, this ordinance consti- 4) –and– CEI pole #52358 at 10309 Parts, #52557 tutes an emergency measure provid- Lorain Ave. 55) 13813 Lorain Ave., #ETM 1321 ing for the usual daily operation of 5) CPP poles; 10407 Lorain Ave., 56) 13901 Lorain Ave., #18019 a municipal department; now, there- #AOM 2246 57) 13929 Lorain Ave., #ETM 1318 fore, 6) SE Corner Lorain & W. 105, 58) Corner of W. 140th & Lorain, Be it ordained by the Council of #AOM 2243 #ETM 1317 the City of Cleveland: 7) SW Corner Lorain and W. On The North Side of Lorain Section 1. That the Director of 105th, #AOM 2242 Avenue: Community Development is autho- 8) 10505 Lorain Ave., #AOM-2239 59) –and– on CEI pole at NE Cor- rized to enter into a grant agree- (52375) ner of W. 140th & Lorain, Pedestrian ment with Boys and Girls Club of 9) and 10) and 11) 10705 Lorain sign pole, no # Cleveland for their Positive Place Ave., #EOM 15160, #EOM 15159 & 60) CPP pole on at 13980 Lorain for Kids Programs in order to carry #EOM 15158 Ave., #ETM 1525 1774 July 25, 2001 The City Record 109

61) –and– on CEI pole at 13948 Section 4. That the permit herein measure and, provided it receives Lorain Ave., #308199 authorized shall be prepared by the the affirmative vote of two-thirds of 62) –and– on CPP pole at 13900 Director of Law and shall be issued all the members elected to Council, Lorain Ave., #ETM 1324 only when, in the opinion of the it shall take effect and be in force 63) In front of Mr. Hero’s, #EOM Director of Law, the City of Cleve- immediately upon its passage and 1221 land has been properly indemnified approval by the Mayor; otherwise it 64) In front of Rentwise, #EOM against any and all loss which may shall take effect and be in force 1222 result from said permit. from and after the earliest period 65) In front of Sheehan’s Bar, Section 5. That this ordinance is allowed by law. #EOM 1224 hereby declared to be an emergency Passed July 18, 2001. 66) NE Corner of W. 135th & measure and, provided it receives Awaiting the approval or disap- Lorain, #1226 the affirmative vote of two-thirds of proval of the Mayor. 67) Near West Drive of St. Vincent all the members elected to Council, de Paul’s Church, #EOM 1228 it shall take effect and be in force 68) Near East End of St. Vincent immediately upon its passage and Ord. No. 1371-01. de Paul’s Church, #EOM 1229 approval by the Mayor; otherwise it By Councilman Britt. 69) 13238 Lorain Ave, # ETM 1161 shall take effect and be in force An emergency ordinance authoriz- 70) 13130 Lorain, #ETM 1159 from and after the earliest period ing and directing the Director of 71) 13046 Lorain Ave., #ETM 1158 allowed by law. Public Service to issue a permit to 72) 13014 Lorain Ave., #1157 Passed July 18, 2001. the City of Cleveland’s Community 73) NE Corner of W. 130th & Awaiting the approval or disap- Relations Board to stretch 1-banner Lorain, #ETM 1156 proval of the Mayor. on Stokes Blvd. south of Carnegie 74) –and– on CEI pole at 12928 on CPP utility poles (by separate Lorain, no # permission) for the period of July 75) –and– on CPP pole at Parking Ord. No. 1370-01. 16, 2001 to August 8, 2001, inclusive, Lot of Mt. Calvary, #ETM 1154 By Councilmen Brady and Sweeney. publicizing “The Mayor’s Night Out 76) 12722 Lorain, # ETM 1151 An emergency ordinance au t h o r i z - Against Crime”. 77) 12626 Lorain Ave., #ETM 1149 ing the Director of Public Service to Whereas, this ordinance constitutes 78) NW Corner of W. 125th & enter into certain agreements to repair an emergency measure providing for Lorain, #ETM 1147 and replace unsafe or dangerous side- the usual daily operation of a munic- 79) 12224 Lorain Ave., #ETM 1145 walks in Wards 19 and 20 through use ipal department; now, therefore 80) –and– on CEI pole at NE Cor- of Neighborhood Equity Funds. Be it ordained by the Council of ner of W. 122nd & Lorain, #18010 Whereas, this ordinance constitutes the City of Cleveland: 81) –and– on CPP pole at 12000 an emergency measure providing for Section 1. That notwithstanding the Lorain Ave., #ETM 1143 the usual daily operation of a munic- provision of Section 623.13 of the Cod- 82) 11836 Lorain Ave., #ETM 1140 ipal department; now, therefore ified Ordinances of Cleveland, Ohio 83) Pole on NW Corner of W. Be it ordained by the Council of 1976, the Director of Public Service is 118th & Lorain, No # the City of Cleveland: hereby authorized and directed to Section 1. That pursuant to Sec- 84) –and– on CEI poles at 11726 issue a permit to the Community tion 167 of the Charter of the City Lorain Ave., No # Relations Board of the City of Cleve- of Cleveland, it is hereby deter- 85) 11718 Lorain Ave., #15798 land, 601 Lakeside Avenue, Cleve- mined to make the public improve- 86) NE Corner of 11848 Lorain, land, Ohio 44114, to install, maintain ment of laying, re-laying and repair- #15541 and remove one (1) banner to be ing specified sidewalks throughout 87) 11624 Lorain, # 15535 stretched on two (2) Cleveland Pub- Wards 19 and 20 of the City of 88) Pole NW of 11550 Lorain, No lic Power utility poles, (by separate Cleveland that are designated by # permission) publicizing “The Mayor’s the Department of Public Service or 89) 11422 Lorain, #13776 Night Out Against Crime” annual the Councilmember of the respective 90) 11214 Lorain Ave., #15534 event, for the period of July 16, 2001 ward as being in an unsafe or dan- 91) 11022 Lorain Ave., #552522 gerous condition by one or more to August 8, 2001, inclusive, on the 92) In Front of Burger King Sign, public improvement requirement following poles and at the following #13797 contracts duly let to the lowest bid- locations: Pole Number 88329 on 93) In Front of National City der after competitive bidding upon Stokes Boulevard South of Carnegie Bank, #13741 a unit basis for the improvement. Avenue (on the West Side of Street); On The North Side of Lorain Section 2. That the Director of and, on Pole Number 88330 on Stokes Avenue: Public Service is hereby authorized Boulevard South of Carnegie Avenue 94) In Front of Taco Bell, #31464 to enter into a written requirement (on the East Side of Street); and 95) In Front of McDonald’s, contract for the making of the above which pole locations and banner shall #313255 public improvement with the lowest be approved by the Director of Pub- 96) NW Corner of W. 106th St. & bidder after competitive bidding for lic Service in consultation with the Lorain #523851 all such work estimated to be per- Director of Public Safety, as to type, 97) NW Corner of W. 105th St. & formed during the period ending method of affixing and location so as Lorain, No # December 31, 2002, upon a unit basis. not to interfere with any sign erect- 98) 10330 Lorain Ave., #63423 Section 3. That the Councilmember ed and maintained under the require- 99) NW Corner of W. 103rd & shall implement the sidewalk repair ments of law or ordinance. The per- Lorain Ave., (10300 Lorain), #63421 program as set forth in Section 1 mission of the owner of any pole 100) 10234 Lorain Ave., #51194 hereof as a pilot program available from which a banner will be hung 101) Just East of BP, 1st Drive, to residents of their respective wards must be obtained prior to issuance of #63419 on a first-come, first-serve basis for the permit. No commercial advertis- 102) Just West of BP, 2nd Drive, those residents whose sidewalks are ing shall be printed or permitted on #15520. in an unsafe or dangerous condition. said banner, and said banner shall be Section 2. That said Holiday The cost of the repair to the side- removed promptly upon the expira- Wreaths will be hung within the walk shall be assessed to the resi- tion of said permit. public right-of-way of portions of dent, with fifty percent (50%) of the Section 2. That this ordinance is the streets as aforesaid, and said cost to be offset by Neighborhood hereby declared to be an emergency Holiday Wreaths will be construct- Equity Funds from either Wards 19 measure and, provided it receives ed in accordance with plans and or 20, depending on location of the the affirmative vote of two-thirds of specifications approved by the Com- sidewalk. The cost of the program as all the members elected to Council, missioner of Engineering and Con- authorize herein shall be in an it shall take effect and be in force struction. amount not to exceed One Hundred immediately upon its passage and Section 3. That nothing in this Thousand Dollars, with up to $50,000 approval by the Mayor; otherwise it ordinance grants or shall be consid- to be paid from Ward 19 Neighbor- shall take effect and be in force ered a grant to Permittee any right, hood Equity Funds and up to $50,000 from and after the earliest period privilege or permission to use or to to be paid from Ward 20 Neighbor- allowed by law. attach or affix any object to poles hood Equity Funds. Passed July 18, 2001. described in Section 1 of this ordi- Section 4. That this ordinance is Awaiting the approval or disap- nance. hereby declared to be an emergency proval of the Mayor. 1775 110 The City Record July 25, 2001

Ord. No. 1372-01. By Councilman Britt (by request). An emergency ordinance authorizing the Director of Public Service to issue a permit to Little Italy 2000 Development Corporation to encroach into the public right-of-way, of Mayfield Road to hang six (6) banners on CPP utility poles (by separate permission) identifying this neighborhood’s location. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of Council, and assignable by the Permittee with the written consent of the Director of Public Service to Little Italy 2000 Development Corporation, 12510 Mayfield Road, Cleveland, Ohio 44106, its successors and assigns, to encroach into the public right-of-way, of Mayfield Road to hang six (6) banners on Cleveland Public Power utility poles (by separate permission) identifying this neighborhood’s location and which banners location and utility pole numbers are as follows:

LOCATION: POLE NUMBER: POLE OWNER:

#12009 Mayfield Road ES 40 C. P. P. #12021 Mayfield Road ES 40-1 C. P. P. #12113 Mayfield Road ES 40-2 C. P. P. #12307 Mayfield Road ES 40-4 C. P. P. #12407 Mayfield Road ES 40-5 C. P. P. #12511 Mayfield Road ES 40-6 C. P. P.

Section 2. That said banners will be hung within the public right-of-way as aforesaid in Section 1, and will be con- structed in accordance with plans and specifications approved by the Commissioner of Engineering and Construc- tion. That all other required permits, including a building Permit, shall be obtained before said banners are installed. Section 3. That nothing in this ordinance grants or shall be considered a grant to Permittee any right, privi- lege or permission to use or to attach or affix any object to poles described in Section 1 of this ordinance. Section 4. That the Permit herein authorized shall be prepared by the Director of Law and shall be issued only when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any an all loss which may result from said permit. Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force 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 July 18, 2001. Awaiting the approval or disapproval of the Mayor.

Ord. No. 1373-01. lamps along Hulda Avenue through Section 1. That notwithstanding By Councilman Britt. the use of Ward 6 Neighborhood the provision of Section 623.13 of An emergency ordinance amend- Equity Funds in accordance with the Codified Ordinances, of Cleve- ing the title and Section 1 of Ordi- the program approved by the Hous- land, Ohio, 1976, the Director of the nance No. 1125-2000, passed June 19, ing Advisory Board. Department of Public Service is 2000, relating to installation of yard Section 2. That the title and Section hereby authorized and directed to lamps on Hulda Avenue through use 1 of Ordinance No. 1125-2000, passed issue a permit to MetroHealth of Ward 6 Neighborhood Equity June 19, 2000, are hereby repealed. Clement Center to install, maintain Funds. Section 3. That this ordinance is and remove banners at Townsend Whereas, this ordinance consti- hereby declared to be an emergency and Keyes (in the vicinity of tutes an emergency measure provid- measure and, provided it receives MetroHealth’s Clement Center) for ing for the usual daily operation of the affirmative vote of two-thirds of the period from August 4, 2001 to a municipal department; now, there- all the members elected to Council, September 4, 2001, inclusive. Said fore it shall take effect and be in force banner shall be approved by the Be it ordained by the Council of immediately upon its passage and Director of Public Service, in con- the City of Cleveland: approval by the Mayor; otherwise it sultation with the Director of Pub- Section 1. That the title and Section shall take effect and be in force lic Safety, as to type, method of 1 of Ordinance No. 1125-00, passed from and after the earliest period affixing and location so as not to June 19, 2000, are hereby amended to allowed by law. interfere with any sign erected read respectively as follows: Passed July 18, 2001. and maintained under the require- An emergency ordinance authoriz- Awaiting the approval or disap- ments of law or ordinance. The ing the Director of Public Utilities proval of the Mayor. permission of the owner of any to purchase and install yard lamps pole from which a banner will be along Hulda Avenue and authoriz- hung must be obtained prior to ing Director of Community Develop- Ord. No. 1374-01. issuance of the permit. No com- ment to enter into an agreement By Councilman Britt. mercial advertising shall be print- with Buckeye Area Development An emergency ordinance authoriz- ed or permitted on said banner and Corporation to serve as agent for ing and directing the Director of said banner shall be removed the City for the installation of yard Public Service to issue a permit to promptly upon the expiration of lamps along Hulda Avenue through MetroHealth Clement Center to said permit. the use of Ward 6 Neighborhood stretch banners at Townsend and Section 2. That this ordinance is Equity Funds. Keyes (in the vicinity of Metro- hereby declared to be an emergency Section 1. That the Director of Health’s Clement Center), for the measure and, provided it receives Public Utilities is authorized to pur- period from August 4, 2001 to Sep- the affirmative vote of two-thirds of chase and install approximately 73 tember 4, 2001, inclusive, publicizing all the members elected to Council, yard lamps along Hulda Avenue in the Hospital’s “Around the World it shall take effect and be in force accordance with the program Health Fair”. immediately upon its passage and approved by the Housing Advisory Whereas, this ordinance consti- approval by the Mayor; otherwise, it Board; and further that the Director tutes an emergency measure provid- shall take effect and be in force of Community Development is autho- ing for the usual daily operation of from and after the earliest period rized to enter into an agreement a municipal department; now, there- allowed by law. with Buckeye Area Development fore, Passed July 18, 2001. Corporation to serve as agent for Be it ordained by the Council of Awaiting the approval or disap- the City for the installation of yard the City of Cleveland: proval of the Mayor. 1776 July 25, 2001 The City Record 111

Ord. No. 1375-01. Section 2. That this ordinance is from any and all liability resulting By Councilman Cimperman. hereby declared to be an emergency from the issuance of the same, to An emergency ordinance authoriz- measure and, provided it receives the extent and in form satisfactory ing and directing the Commissioner the affirmative vote of two-thirds of to the Director of Law. of Licenses and Assessments to all the members elected to Council, Section 2. That this ordinance is issue a permit to Colonial Carriage it shall take effect and be in force hereby declared to be an emergency for purposes of operating a carriage immediately upon its passage and measure and, provided it receives business throughout various loca- approval by the Mayor; otherwise, it the affirmative vote of two-thirds of tions in Ward 13. shall take effect and be in force all the members elected to Council, Whereas, this ordinance consti- from and after the earliest period it shall take effect and be in force tutes an emergency measure provid- allowed by law. immediately upon its passage and ing for the usual daily operation of Passed July 18, 2001. approval by the Mayor; otherwise, it a municipal department; now, there- Awaiting the approval or disap- shall take effect and be in force fore proval of the Mayor. from and after the earliest period Be it ordained by the Council of allowed by law. the City of Cleveland: Passed July 18, 2001. Section 1. That notwithstanding Ord. No. 1377-01. Awaiting the approval or disap- any provisions of the Codified Ordi- By Councilman Cimperman. proval of the Mayor. nances of Cleveland, Ohio, 1976 to An emergency ordinance consenting the contrary, the Commissioner of and approving the issuance of a per- Licenses and Assessments is autho- mit for the 24th Annual Walk-A-Thon Ord. No. 1378-01. rized and directed to issue a permit on October 13, 2001, sponsored by the By Councilman Cimperman. to Colonial Carriage for purposes of Catholic Charities Services Corp. An emergency ordinance consent- operating a carriage business Whereas, this ordinance consti- ing and approving the issuance of a throughout various locations in tutes an emergency measure provid- permit for the “Dog Daze Criterium” Ward 13 of the City of Cleveland; ing for the usual daily operation of bicycle race on August 5, 2001, spon- provided, however, that such opera- a municipal department; now, there- sored by Cuyahoga Valley Velo. tions are conducted in accordance fore, Whereas, this ordinance consti- with the rules and regulations pro- Be it ordained by the Council of tutes an emergency measure provid- mulgated by the Division of Licens- the City of Cleveland: ing for the usual daily operation of es and Assessments. Section 1. That pursuant to Sec- a municipal department; now, there- Section 2. That this ordinance is tion 411.06 of the Codified Ordi- fore, hereby declared to be an emergency nances of Cleveland, Ohio 1976, this Be it ordained by the Council of the City of Cleveland: measure and, provided it receives Council consents to and approves Section 1. That pursuant to Sec- the affirmative vote of two-thirds of the holding of the 24th Annual Walk-A-Thon sponsored by the tion 411.06 of the Codified Ordi- all the members elected to Council, Catholic Charities Services Corp. on nances of Cleveland, Ohio 1976, this it shall take effect and be in force October 13, 2001, with the route for Council consents to and approves immediately upon its passage and the 5k & 10k Walk-A-Thon being as the holding of the “Dog Daze Cri- approval by the Mayor; otherwise it follows, leaving OLA/St. Joseph terium” bicycle race, sponsored by shall take effect and be in force Center Parking lot on /Kenilworth, Cuyahoga Valley Velo, on August 5, from and after the earliest period head (east) on Kenilworth to West 2001, with the bicycle race course allowed by law. 11th St., turn right circle Lincoln being 1km loop (.6 miles) around Passed July 18, 2001. Park 2 times, returning to West the Cleveland Browns Stadium. Awaiting the approval or disap- 11th/Kenilworth intersection, turn Starting on West 3rd Street opposite proval of the Mayor. left onto West 11th Avenue walk to the stadium, the course proceeds University Rd., turn right onto Uni- north on West 3rd Street, turns right versity Rd. walk to West 10th St., and becomes Erieside, turns right on Ord. No. 1376-01. turn right onto West 10th St. walk the road that runs between the sta- By Councilman Cimperman. to stop sign, veer left onto Profes- dium and Science Center, turns right An emergency ordinance consent- sor Avenue (stay on right side of on the road that runs between East ing and approving the issuance of a street), walk to Jefferson, turn right 9th Street and West 3rd Street permit for Cleveland’s 1st Annual onto Jefferson walk to Starkweath- (North Marginal), turns right on Buddy Walk on October 20, 2001, er (cross West 14th St. to west side West 3rd Street and finish, provided sponsored by The Upside of Downs of West 14th St.), turn left on West that the applicant sponsor shall locally and the National Down Syn- 14th St. walk (south) to Clark Ave., meet all the requirements of Section drome Society nationally. turn right onto Clark Ave. & walk 411.05 of the Codified Ordinances of Whereas, this ordinance consti- across bridge (over highway) to Cleveland, Ohio, 1976. Streets may be tutes an emergency measure provid- Scranton Rd., turn right onto Scran- closed as determined by the Chief of ing for the usual daily operation of ton Rd. walk to Kenilworth, turn Police and safety forces as may be a municipal department; now, there- right onto Kenilworth, return to necessary in order to protect the fore, OLA/St. Joseph Center (on your left participants in the event. Said per- Be it ordained by the Council of on other side of highway overpass), mit shall further provide that the the City of Cleveland: 5K Walkers Stop Here, 10k walkers City of Cleveland shall be fully Section 1. That pursuant to Section continue walking on Kenilworth to indemnified from any and all liabil- 411.06 of the Codified Ordinances of West 11th St., turn left onto West ity resulting from the issuance of Cleveland, Ohio 1976, this Council 11th St. walk to Abbey Rd., turn left the same, to the extent and in form consents to and approves the hold- onto Abbey Ave. (cross street to satisfactory to the Director of Law. ing of Cleveland’s 1st Annual Buddy north side of Abbey), cross Abbey Section 2. That this ordinance is Walk sponsored by The Upside of Ave. Bridge to West 20th St., (enjoy hereby declared to be an emergency Downs locally and the National the view of Downtown), cross street measure and, provided it receives Down Syndrome Society nationally, to south side of Abbey Ave., turn the affirmative vote of two-thirds of on October 20, 2001, assembling in left and return across Abbey Ave. all the members elected to Council, front of the Rock and Roll Hall of Bridge (enjoy the view of the indus- it shall take effect and be in force Fame, west on Erieside to the South trial side of the Flats), walk to immediately upon its passage and Roadway, South Roadway to West West 11th St., turn left to Universi- approval by the Mayor; otherwise, it 3rd Street, West 3rd Street north to ty Rd., turn right and walk on West shall take effect and be in force Erieside, Erieside around the back 10th St., turn right onto Literary from and after the earliest period of the Browns Stadium, Erieside (stay on the right side of the side- allowed by law. back to the Rock and Roll Hall of walk), walk to Kenilworth (veer Passed July 18, 2001. Fame and finish, provided that the left & cross street), turn right onto Awaiting the approval or disap- applicant sponsor shall meet all the Kenilworth, return to OLA/St. proval of the Mayor. requirements of Section 411.05 of the Joseph Center (on your right hand Codified Ordinances of Cleveland, side after you cross W. 14th Street) Ohio, 1976. Streets may be closed as and finish, provided that the appli- Ord. No. 1379-01. determined by the Chief of Police cant sponsor shall meet all the By Councilman Cintron. and safety forces as may be neces- requirements of Section 411.05 of the An emergency ordinance authoriz- sary in order to protect the partici- Codified Ordinances of Cleveland, ing and directing the Director of pants in the event. Said permit shall Ohio, 1976. Streets may be closed as Public Service to issue a permit to further provide that the City of determined by the Chief of Police the Mega Kids Kare Center to Cleveland shall be fully indemnified and safety forces as may be neces- stretch banners at the intersection from any and all liability resulting sary in order to protect the partici- of West 25th and Buhrer Avenue, for from the issuance of the same, to the pants in the event. Said permit shall the period from July 23, 2001 to extent and in form satisfactory to further provide that the City of August 23, 2001, inclusive, publiciz- the Director of Law. Cleveland shall be fully indemnified ing the Center’s open enrollment. 1777 112 The City Record July 25, 2001

Whereas, this ordinance consti- Avenue, for a period from Septem- feet along the Easterly line of said tutes an emergency measure provid- ber 1, 2001 to October 2, 2001, inclu- Sublot No. 29 to a point; thence ing for the usual daily operation of sive. Said banner shall be approved Westerly 31 feet and 5 inches par- a municipal department; now, there- by the Director of Public Service, in allel with said Southerly line of Bai- fore, consultation with the Director of ley Avenue, S.W., to a point; thence Be it ordained by the Council of Public Safety, as to type, method of Northerly 84.00 feet parallel with the City of Cleveland: affixing and location so as not to said Easterly line of Sublot No. 29 Section 1. That notwithstanding interfere with any sign erected and to a point in said Southerly line of the provision of Section 623.13 of the maintained under the requirements Bailey Avenue, S.W., thence Easter- Codified Ordinances, of Cleveland, of law or ordinance. The permission ly 31 feet 5 inches along said Ohio, 1976, the Director of the Depart- of the owner of any pole from which Southerly line of Bailey Avenue, ment of Public Service is hereby a banner will be hung must be S.W., to a place of beginning accord- authorized and directed to issue a obtained prior to issuance of the ing to a survey by Robert J. Krause, permit to the Mega Kids Kare Cen- permit. No commercial advertising Registered Ohio Surveyor No. 2885, ter to install, maintain and remove shall be printed or permitted on said June 5, 1951, be the same more or banners at the intersection of West banner and said banner shall be less, but subject to all legal high- 25th and Buhrer Avenue for the peri- removed promptly upon the expira- ways. od from July 23, 2001 to August 23, tion of said permit. Subject to zoning ordinances, if 2001, inclusive. Said banner shall be Section 2. That this ordinance is any. approved by the Director of Public hereby declared to be an emergency Section 3. That all documents Service, in consultation with the measure and, provided it receives necessary to complete the con- Director of Public Safety, as to type, the affirmative vote of two-thirds of veyance authorized by this ordi- method of affixing and location so all the members elected to Council, nance shall be executed within six as not to interfere with any sign it shall take effect and be in force (6) months of the effective date of erected and maintained under the immediately upon its passage and this ordinance. If all of the docu- requirements of law or ordinance. approval by the Mayor; otherwise, it ments are not executed within six The permission of the owner of any shall take effect and be in force (6) months of the effective date of pole from which a banner will be from and after the earliest period this ordinance, or such additional hung must be obtained prior to allowed by law. time as may be granted by the issuance of the permit. No commer- Passed July 18, 2001. Director of Community Develop- cial advertising shall be printed or Awaiting the approval or disap- ment, this ordinance shall be permitted on said banner and said proval of the Mayor. repealed and shall be of no further banner shall be removed promptly force or effect. upon the expiration of said permit. Section 4. That the consideration Section 2. That this ordinance is Ord. No. 1381-01. for the subject parcel shall be estab- hereby declared to be an emergency By Councilmen Cintron, Jackson, lished by the Board of Control and measure and, provided it receives Cimperman and Patmon (by depart- shall be not less than Fair Market the affirmative vote of two-thirds of mental request). Value taking into account such all the members elected to Council, An emergency ordinance authoriz- terms and conditions, restrictions it shall take effect and be in force ing the sale of real property as part and covenants as are deemed nec- immediately upon its passage and of the Land Reutilization Program essary or appropriate. approval by the Mayor; otherwise, it and located at 3811 Bailey Avenue Section 5. That the conveyance shall take effect and be in force to Ohio City Near West Development authorized hereby shall be made by from and after the earliest period Corporation. official deed prepared by the Direc- allowed by law. Whereas, the City of Cleveland tor of Law and executed by the Passed July 18, 2001. has elected to adopt and implement Mayor on behalf of the City of Awaiting the approval or disap- the procedures under Chapter 5722 Cleveland. The deed shall contain proval of the Mayor. of the Ohio Revised Code to facili- such provisions as may be necessary tate reutilization of nonproductive to protect and benefit the public lands situated within the City of interest including such restrictive Ord. No. 1380-01. Cleveland; and covenants and reversionary inter- By Councilman Cintron. Whereas, real property acquired ests as may be specified by the An emergency ordinance authoriz- under the City’s Land Reutilization Board of Control, the Director of ing and directing the Director of Program is acquired, held, adminis- Community Development or the Public Service to issue a permit to tered and disposed of by the City of Director of Law. The MetroHealth System to stretch Cleveland through its Department of Section 6. That this ordinance is banners on West 25th Street on the Community Development under the hereby declared to be an emergency west side of the street from Sackett terms of Chapter 5722 of the Ohio measure and, provided it receives Avenue to I-71 exit ramp, (just north Revised Code and Section 183.021 of the affirmative vote of two-thirds of of I-71 and the east side of the street Codified Ordinances of the City of all the members elected to Council, from Sackett Avenue to I-71 exit Cleveland, 1976; and it shall take effect and be in force ramp), just north of I-71 and on Whereas, this ordinance consti- immediately upon its passage and Scranton Road on the west side of tutes an emergency measure provid- approval by the Mayor; otherwise it the street from I-71 to Sackett ing for the usual daily operation of shall take effect and be in force Avenue and on the east side of the a municipal department; now, there- from and after the earliest period street from I-71 to Valentine Avenue, fore, allowed by law. for the period from September 1, Be it ordained by the Council of Passed July 18, 2001. 2001 to October 2, 2001, inclusive, the City of Cleveland: Awaiting the approval or disap- publicizing the National Rehabilita- Section 1. That pursuant to Sec- proval of the Mayor. tion Awareness Celebration. tion 183.021 of the Codified Ordi- Whereas, this ordinance consti- nances of Cleveland, Ohio, 1976, the tutes an emergency measure provid- Commissioner of Purchases and Sup- Ord. No. 1382-01. ing for the usual daily operation of plies is hereby authorized to sell By Councilmen Cintron and Pat- a municipal department; now, there- Permanent Parcel No. 007-06-067, as mon (by departmental request). fore, more fully described below, to Ohio An emergency ordinance to amend Be it ordained by the Council of City Near West Development Corpo- the title and Sections 1, 2 and 6 of the City of Cleveland: ration. Ordinance No. 593-2000, passed June Section 1. That notwithstanding Section 2. That the real property 5, 2000, relating to the public the provision of Section 623.13 of the to be sold pursuant to this ordinance improvement of repairing and con- Codified Ordinances, of Cleveland, is more fully described as follows: structing sidewalks, driveway Ohio, 1976, the Director of the aprons, curbing, curb strips, inter- Department of Public Service is P. P. No. 007-06-067 sections, bridge approaches, utility hereby authorized and directed to Situated in the City of Cleveland, box and casting adjustments and issue a permit to The MetroHealth County of Cuyahoga and State of appurtenances and authorizing the System to install, maintain and Ohio, and known as being part of Director of Public Service to enter remove banners on West 25th Street Sublot No. 29 in J.P. Hill’s Allotment into one or more requirement con- on the west side of the street from of part of Original Brooklyn Town- tracts for the making of said Sackett Avenue to I-71 exit ramp, ship Lot No. 53 as recorded in Vol- improvement; and to supplement (just north of I-71 and the east side ume 8, Page 16 of Cuyahoga Coun- said ordinance by adding new Sec- of the street from Sackett Avenue to ty Records and bounded and tion 4a. I-71 exit ramp), just north of I-71 described as follows: Whereas, this ordinance consti- and on Scranton Road on the west Beginning in the Southerly line of tutes an emergency measure provid- side of the street from I-71 to Sack- Bailey Avenue, S.W., 50 feet wide at ing for the usual daily operation of ett Avenue and on the east side of the Northeasterly corner of said a municipal department; now, there- the street from I-71 to Valentine Sublot No. 29; thence Southerly 84.00 fore, 1778 July 25, 2001 The City Record 113

Be it ordained by the Council of of said items as the Board of Con- Ord. No. 1384-01. the City of Cleveland: trol shall determine. Alternate bids By Councilman Coats. Section 1. That the title and Sec- for a period less than the specified An emergency ordinance authoriz- tions 1, 2 and 6 of Ordinance No. 593- term may be taken if deemed desir- ing and directing the Director of 2000, passed June 5, 2000, are here- able by the Commissioners of Pur- Public Service to issue a permit to by amended to read, respectively, as chases and Supplies until provision the Euclid/St. Clair Local Develop- follows: is made for the requirements for the ment Corporation to stretch banner An emergency ordinance deter- entire term. at the intersection of Euclid Avenue mining the method of making the Section 4. That this ordinance is and East 182nd Street, St. Clair public improvement of repairing hereby declared to be an emergency Avenue at Eddy Road, East 140th at and constructing sidewalks, drive- measure and, provided it receives I-90, East 131st and Shaw Avenue and Ivanhoe Road and Euclid way aprons, curbing, curb strips, the affirmative vote of two-thirds of Avenue, for the period from August all the members elected to Council, intersections, bridge approaches, 1, 2001 to September 1, 2001, inclu- utility box and casting adjustments, it shall take effect and be in force sive, publicizing the Ward 10 Com- furnishing and installing pavers immediately upon its passage and munity Festival. and constructing tree pits with approval by the Mayor; otherwise it Whereas, this ordinance consti- trees and appurtenances and autho- shall take effect and be in force tutes an emergency measure provid- rizing the Director of Public Service from and after the earliest period ing for the usual daily operation of to enter into one or more public allowed by law. a municipal department; now, there- improvement by requirement con- Passed July 18, 2001. fore, tracts for the making of said Awaiting the approval or disap- Be it ordained by the Council of i m p r o v e m e n t . proval of the Mayor. the City of Cleveland: Section 1. That pursuant to Sec- Section 1. That notwithstanding tion 167 of the Charter, it is hereby the provision of Section 623.13 of the determined to make the public Ord. No. 1383-01. Codified Ordinances, of Cleveland, improvement of repairing and con- By Councilman Cintron. Ohio, 1976, the Director of the structing sidewalks, driveway An emergency ordinance authoriz- Department of Public Service is aprons, curbing, curb ramps, medi- ing and directing the Director of hereby authorized and directed to an strips, intersections, bridge ap- Public Service to issue a permit to issue a permit to the Euclid/St. proaches, utility box and casting Mega Kids Care Center to hang 1- Clair Local Development Corpora- adjustments, furnishing and in- banner on Cleveland Public Power tion to install, maintain and remove stalling pavers and constructing utility poles (by separate permis- banners at the intersection of Euclid tree pits with trees and appurte- sion) identifying their neighborhood Avenue and East 182nd Street, St. Clair Avenue at Eddy Road, East nances in areas of the City of location for the period of July 23, 2001 to August 23, 2001 inclusive. 140th at I-90, East 131st and Shaw Cleveland, by one or more public Avenue and Ivanhoe Road and Whereas, this ordinance consti- improvement by requirement con- Euclid Avenue for the period from tracts duly let to the lowest respon- tutes an emergency measure provid- August 1, 2001 to September 1, 2001, sible bidder after competitive bid- ing for the usual daily operation of inclusive. Said banner shall be d i n g . a municipal department; now, there- approved by the Director of Public Section 2. That the Director of fore, Service, in consultation with the Public Service is hereby authorized Be it ordained by the Council of Director of Public Safety, as to type, to enter into a written requirement the City of Cleveland: method of affixing and location so contract, for the making of the Section 1. That notwithstanding the as not to interfere with any sign above public improvement in the provision of Section 623.13 of the Cod- erected and maintained under the approximate amount of $5,000,000.00, ified Ordinances of Cleveland, Ohio requirements of law or ordinance. with the lowest responsible bidder 1976, the Director of Public Service is The permission of the owner of any after advertising for all such work hereby authorized and directed to pole from which a banner will be estimated to be done during a two issue a permit to Mega Kids Care hung must be obtained prior to year period, upon a unit basis. In Center, 3170 Scranton Road, Cleve- issuance of the permit. No commer- the discretion of the Board of Con- land, Ohio 44109, to install, maintain cial advertising shall be printed or trol, separate requirement contracts and remove one (1) banner to be permitted on said banner and said may be let for specified districts hung on Cleveland Public Power util- banner shall be removed promptly within the City. ity poles, (by separate permission) at upon the expiration of said permit. Section 6. That the cost of the the following number and location at: Section 2. That this ordinance is hereby declared to be an emergency improvement hereby authorized Scranton Road on the 2nd pole South measure and, provided it receives shall be paid from Fund No. 11 SF of Buhrer Avenue on the East side of the affirmative vote of two-thirds of 401, 24 SF 025, 14 SF 026, 20 SF 364, the street, pole #AOM 37-71, for the period of July 23, 2001 to August 23, all the members elected to Council, 10 SF 166 and from the fund or it shall take effect and be in force funds to which are credited the pro- 2001, inclusive, to identify their neighborhood location; and which immediately upon its passage and ceeds of the sale of general obliga- poles location and banners shall be approval by the Mayor; otherwise, it tion bonds issued for the purpose approved by the Director of Public shall take effect and be in force which includes the above improve- Service in consultation with the from and after the earliest period ment, Request No. 22515. Director of Public Safety, as to type, allowed by law. Section 2. That the existing title method of affixing and location so as Passed July 18, 2001. and Sections 1, 2 and 6 of Ordinance not to interfere with any sign erect- Awaiting the approval or disap- No. 593-2000, passed June 5, 2000, are ed and maintained under the require- proval of the Mayor. hereby repealed. ments of law or ordinance. The per- Section 3. That Ordinance No. 593- mission of the owner of any pole 2000, passed June 5, 2000 is hereby from which a banner will be hung Ord. No. 1385-01. supplemented by adding new Sec- must be obtained prior to issuance of By Councilman Gordon. An emergency ordinance au t h o r i z - tion 4a to read as follows: the permit. No commercial advertis- ing and directing the Director of Pub- Section 4a. That the Director of ing shall be printed or permitted on Public Service is hereby authorized lic Health to enter into a First said banner, and said banner shall be Amendment to City Contract No. 50407 to make a written requirement con- removed promptly upon the expira- tract in accordance with the Charter with MetroHealth Medical Center. tion of said permit. Whereas, pursuant to Ordinance and the Codified Ordinances of Section 2. That this ordinance is Cleveland, Ohio, 19876, for the re- No. 93-95, passed March 27, 1995, the hereby declared to be an emergency City of Cleveland, through its Direc- quirements for the period expiring measure and, provided it receives tor of Public Health, entered into a on or before December 31, 2001, for the affirmative vote of two-thirds of Lease By Way of Concession with the necessary items of tree grates to all the members elected to Council, MetroHealth Medical Center, Con- be purchased by the Commissioner it shall take effect and be in force tract No. 50407, for the purposes of of Purchases and Supplies upon a immediately upon its passage and operating outpatient health centers unit basis for the Department of approval by the Mayor; otherwise it known as the Thomas McCafferty Public Service. Bids shall be taken shall take effect and be in force Health Center, located at 4242 in such manner as to permit an from and after the earliest period Lorain Avenue, Cleveland, Ohio, award to be made for all items as allowed by law. 44113; the Miles-Broadway Health a single contract, or by separate Passed July 18, 2001. Center, located at 9127 Miles contract for each for separate dis- Awaiting the approval or disap- Avenue, Cleveland, Ohio, 44105; and tricts or projects or any combination proval of the Mayor. the J. Glen Smith Health Center, 1779 114 The City Record July 25, 2001 located at 11100 St. Clair Avenue, measure and, provided it receives mercial advertising shall be printed Cleveland, Ohio, 44108; and the affirmative vote of two-thirds of or permitted on said banner, and Whereas, the City and Metro- all the members elected to Council, said banner shall be removed Health began its partnership in it shall take effect and be in force promptly upon the expiration of said operating the health centers in 1992 immediately upon its passage and permit. and Contract No. 50407 expanded the approval by the Mayor; otherwise it Section 2. That this ordinance is role and duties of MetroHealth with shall take effect and be in force hereby declared to be an emergency respect to the health centers; and from and after the earliest period measure and, provided it receives Whereas, as cited in Contract No. allowed by law. the affirmative vote of two-thirds of 50407, in entering into the partner- Passed July 18, 2001. all the members elected to Council, ship to operate the health centers, Awaiting the approval or disap- it shall take effect and be in force the City and MetroHealth deter- proval of the Mayor. immediately upon its passage and mined that the affiliation would: (i) approval by the Mayor; otherwise it better provide for the health and shall take effect and be in force welfare of the people of the State of Ord. No. 1386-01. from and after the earliest period Ohio, the County of Cuyahoga, and By Councilman Gordon. allowed by law. the City of Cleveland, by enhancing An emergency ordinance authoriz- Passed July 18, 2001. the availability, efficiency, and ing and directing the Director of Awaiting the approval or disap- economy of Hospital Facilities, as Public Service to issue a permit to proval of the Mayor. defined in Section 140.01 of the Ohio Archwood Denison Concerned Citi- Revised Code, and the services ren- zens to hang 26 banners on Pearl dered thereby; (ii) provide for coop- Rd., Denison Ave. and Fulton Rd. Ord. No. 1387-01. eration between the City and Metro- using C.P.P. utility poles (by sepa- By Councilman Jackson. Health in the utilization of the rate permission) for the period of An emergency ordinance authoriz- shared facilities and services to July 31, 2001 to August 31, 2001, ing certain persons to engage in obtain economies in operation and inclusive, publicizing the Archwood- peddling in Ward 5. (Gregory Mont- more effective health services; and Denison Neighborhood. gomery) (iii) provide efficient operation of Whereas, this ordinance consti- Whereas, pursuant to Section facilities for health services of the tutes an emergency measure provid- 675.08 of the Codified Ordinances of general public without discrimina- ing for the usual daily operation of Cleveland, Ohio, 1976, (the “Codified tion by reason of race, creed, color a municipal department; now, there- Ordinances”) the consent of Council, or national origin; and (iv) preserve fore, expressed by ordinance, is a prereq- and enhance the similar missions Be it ordained by the Council of uisite to mobile peddling upon the and objectives of the City and the City of Cleveland: public rights of way outside of the MetroHealth; and Section 1. That notwithstanding Central Business District; and Whereas, the original term of Con- the provision of Section 623.13 of the Whereas, this Council has consid- tract No. 50407 with MetroHealth Codified Ordinances of Cleveland, ered the requests of certain persons expired in June, 2000; however, since Ohio 1976, the Director of Public Ser- to engage in peddling outside of the that date, MetroHealth has contin- vice is hereby authorized and direct- Central Business District, and has ued to operate the health centers ed to issue a permit to Archwood determined that it is in the public and to provide for the medical needs Denison Concerned Citizens, 3881 interest to allow each of said per- of the citizens of Cleveland on a Pearl Road, Cleveland, Ohio 44109, sons to peddle in Ward 5; and month-to-month basis pending reso- to install, maintain and remove Whereas, this ordinance consti- lution of negotiations concerning a twenty-six (26) banners to be hung tutes an emergency measure provid- new lease; and on Cleveland Public Power utility ing for the usual daily operation of Whereas, by letter dated June 29, poles, (by separate permission) pub- a municipal department; now, there- 2001, MetroHealth received a notice licizing the Archwood- Denison fore, from the Director of Public Health Neighborhood, for the period of July Be it ordained by the Council of to vacate the health centers imme- 31, 2001 to August 31, 2001, inclusive, the City of Cleveland: diately; and and which banners are to be hung Section 1. That this Council con- Whereas, this Council is greatly at the following pole locations and sents, as required by Section 675.08 concerned about assuring that high on the following pole numbers: of the Codified Ordinances, to allow quality health care services are Pearl Road – S.W. Corner Riverside, each person named below to engage accessible to all citizens of the City #38446; 1st pole N. of Mapledale (W) in mobile peddling in the public of Cleveland regardless of their #38448; Opp. NE Corner Willowdale rights of way of Ward 5: Gregory social or economic circumstances; and (W), #38465; In front of Shopping Montgomery. Whereas, this Council desires to Plaza (W), # No Tag; SW Corner of Section 2. That all of the require- ensure that there is no gap in the Archwood (W), #38566; NW Corner ments of Chapter 675 of the Codified provision of health care services for of Garden (W), #38583; 1st N. of Ordinances shall apply to the per- the residents of our city at the Selzer (W), # No Tag; Opp. YMCA sons named in Section 1 of this ordi- McCafferty, Miles-Broadway, and J. (W), # No Tag; Pearl Road – 1st nance. Glen Smith health centers; and pole N. of Cemetery (E), # No Tag; Section 3. That the privilege Whereas, this ordinance consti- 1st pole N. of Willowdale (E), #No granted herein may be revoked at tutes an emergency measure for the Tag; 1st pole S. of Willowdale (E), any time by this Council. immediate preservation of public #38484; SE Corner Dobson (E), # No Section 4. That this ordinance is peace, property, health, and safety; Tag; 1st pole S. of Garden (E), # No hereby declared to be an emergency now, therefore, Tag; NW Corner Garden (E) #38583; measure and, provided it receives Be it ordained by the Council of At YMCA (E), #VON2-82; Denison the affirmative vote of two-thirds of the City of Cleveland: Avenue – Opp. SE Corner W. 31st all the members elected to Council, Section 1. That notwithstanding (N), #36085; 2nd pole W. of Pearl it shall take effect and be in force any provisions of the Codified Ordi- (N), #36082; NW Corner Pearl (N), immediately upon its passage and nances of Cleveland, Ohio, 1976 to # 36080; 2nd pole E. of Pearl (N) approval by the Mayor; otherwise it the contrary, the Director of Public #38586; SW Corner of W. 24th (S), shall take effect and be in force Health is authorized and directed to 38521; NW Corner W. 15th (N), # No from and after the earliest period enter into a First Amendment to Tag; 1st pole E. of W. 15th (N), # allowed by law. Contract No. 50407 with MetroHealth No Tag; Fulton Road – 1st pole S. Passed July 18, 2001. Medical Center extending the term of Freeway (W), # No Tag; 1st pole Awaiting the approval or disap- thereof until October 31, 2001, with N. of Archwood (E), #33336; NE Cor- proval of the Mayor. all other terms and conditions to ner Denison (E), # No Tag; 1st pole remain in effect. S. of Denison (E), # No Tag; and Section 2. That the Director of which poles location and banners Ord. No. 1388-01. Public Health shall work to ensure shall be approved by the Director of By Councilmen Jackson, Cimper- that the residents of the City of Public Service in consultation with man and Patmon (by departmental Cleveland have uninterrupted access the Director of Public Safety, as to request). to primary health care at the health type, method of affixing and loca- An emergency ordinance authoriz- centers and that the residents of tion so as not to interfere with any ing the sale of real property as part Cleveland continue to receive quali- sign erected and maintained under of the Land Reutilization Program ty medical care at the McCafferty, the requirements of law or ordi- and located on East 73rd Street to Miles-Broadway and J. Glen Smith nance. The permission of the owner Cleveland Housing Network or health facilities. of any pole from which a banner designee. Section 3. That this ordinance is will be hung must be obtained prior Whereas, the City of Cleveland hereby declared to be an emergency to issuance of the permit. No com- adopted and implemented proce- 1780 July 25, 2001 The City Record 115 dures under Chapter 5722 of the more fully described below, to Cleve- nances of Cleveland, Ohio 1976, the Ohio Revised Code to facilitate land housing Network or designee. Commissioner of Purchases and Sup- reutilization of nonproductive lands Section 6. That the real property plies is hereby authorized to sell situated within the City of Cleve- to be sold pursuant to this Ordi- Permanent Parcel No. 118-24-120 as land; and nance is more fully described as fol- more fully described below, to Cleve- Whereas, real property acquired lows: land Housing Network or designee. under the City’s Land Reutilization Section 12. That the real property Program is acquired, held, adminis- P. P. No. 118-24-098 to be sold pursuant to this Ordi- tered and disposed of by the City of Situated in the City of Cleveland, nance is more fully described as fol- Cleveland through its Department of County of Cuyahoga and State of lows: Community Development under the Ohio, and further known as Sublot terms of Chapter 5722 of the Ohio No. 20 in H.C. Sterling’s Subdivision P. P. No. 118-24-120 Revised Code and Section 183.021 of of a part of Original One Hundred Situated in the City of Cleveland, Codified Ordinances of the City of Acre Lot No. 336, as shown by the County of Cuyahoga and State of Cleveland, 1976; and recorded plat of said Subdivision in Ohio, and known as being Sublot No. Whereas, this ordinance consti- Volume 5 of Maps, Page 60 of Cuya- 99 in H.C. Sterling’s Allotment of tutes an emergency measure provid- hoga County Records and being 40 Original One Hundred Acre Lot No. ing for the usual daily operation of feet front on the Easterly line of 336 as shown by the recorded plat a municipal department; now, there- East 73rd Street and extending back in Volume 5 of Maps, Page 60 of fore, of equal width, 143.37 feet deep on Cuyahoga County Records, and Be it ordained by the Council of the Northerly line and 143.34 feet being 40 feet front on the Westerly the City of Cleveland: deep on the Southerly line, be the side of East 73rd Street, and extend- Section 1. That pursuant to Sec- same more or less, but subject to all ing back of equal width 132 feet tion 183.021 of the Codified Ordi- legal highways. deep, be the same more or less, but nances of Cleveland, Ohio, 1976, the Also subject to all zoning ordi- subject to all legal highways. Commissioner of Purchases and Sup- nances, if any. Also subject to all zoning ordi- plies is hereby authorized to sell Section 7. That pursuant to Sec- nances, if any. Permanent Parcel No. 118-24-092 as tion 183.021 of the Codified Ordi- Section 13. That, pursuant to Sec- more fully described below, to Cleve- nances of Cleveland, Ohio 1976, the tion. 183.021 of the Codified Ordi- land Housing Network or designee. Commissioner of Purchases and Sup- nances of Cleveland, Ohio 1976, the Section 2. That the real property plies is hereby authorized to sell Commissioner of Purchases and to be sold pursuant to Section 1 of Permanent Parcel No. 118-24-111 as Supplies is hereby authorized to sell this Ordinance is more fully more fully described, to Cleveland Permanent Parcel No. 118-25-012 as described as follows: Housing Network or designee. more fully described below, to Cleve- Section 8. That the real property land Housing Network or designee. P. P. No. 118-24-092 to be sold pursuant to this Ordi- Section 14. That the real property Situated in the City of Cleveland, nance is more fully described as fol- to be sold pursuant to this Ordi- County of Cuyahoga and State of lows: nance is more fully described as fol- Ohio, and known as being Sublot No. lows: 14 in Harriett C. Sterlings’ Subdivi- P. P. No. 118-24-111 sion of part of Original One Hun- Situated in the City of Cleveland, P. P. No. 118-25-012 dred Acre Lot No. 336, as shown by County of Cuyahoga and State of Situated in the City of Cleveland, the recorded plat in Volume 5 of Ohio, and known as being Sublot No. County of Cuyahoga and State of Maps, Page 60 of Cuyahoga County 108 in Harriet C. Sterling’s Subdivi- Ohio, and known as being Sublot No. Records, and being 40 feet front on sion of a part of Original One Hun- 80 in Harriet C. Sterling’s Cottage the Easterly side of East 73rd Street dred Acre Lot No. 336, as shown by Neighborhood Allotment of part of and extending back of equal width the recorded plat in Volume 5 of Original One Hundred Acre Lot No. 143.58 feet deep on the Northerly Maps, Page 60 of Cuyahoga County 336, as shown by the recorded plat line, 143.54 feet deep on the Souther- Records and being 40.67 feet front of said Allotment in Volume 5 of ly line and 40 feet wide in the rear, on the Westerly side of East 73rd Maps, Page 60 of Cuyahoga County be the same more or less, but sub- Street, 132 feet deep on the Norther- Records. Said Sublot No. 80 has a ject to all legal highways. ly line, about 133 feet deep on the frontage of 39 feet, 8 1/2 inches on Also subject to all zoning ordi- irregular South line, which is also the Westerly side of East 73rd nances, if any. the Northerly line of East 72nd Street, and extends back 126 feet, 4 Section 3. That pursuant to Sec- Place and being 37.12 feet wide in inches on the Northerly line, 132 feet tion 183.021 of the Codified Ordi- the rear, be the same more or less, on the Southerly line, and has a bro- nances of Cleveland, Ohio 1976, the but subject to all legal highways. ken rear line of 43 feet, 4 inches, as Commissioner of Purchases and Sup- Also subject to all zoning ordi- appears by said plat, be the same plies is hereby authorized to sell nances, if any. more or less, but subject to all legal Permanent Parcel No. 118-24-093 as Section 9. That pursuant to Sec- highways. more fully described below, to Cleve- tion 183.021 of the Codified Ordi- Also subject to all zoning ordi- land Housing Network or designee. nances of Cleveland, Ohio 1976, the nances, if any. Section 4. That the real property Commissioner of Purchases and Sup- Section 15. That pursuant to Sec- to be sold pursuant to this Ordi- plies is hereby authorized to sell tion 183.021 of the Codified Ordi- nance is more fully described as fol- Permanent Parcel No. 118-24-113 as nances of Cleveland, Ohio 1976, the lows: more fully described below, to Cleve- Commissioner of Purchases and Sup- land Housing Network or designee. plies is hereby authorized to sell P. P. No. 118-24-093 Section 10. That the real property Permanent Parcel No. 118-25-021 as Situated in the City of Cleveland, to be sold pursuant to this Ordi- more fully described below, to Cleve- County of Cuyahoga and State of nance is more fully described as fol- land Housing Network or designee. Ohio, and known as being Sublot No. lows: Section 16. That the real property 15 in H.C. Sterlings’ Allotment of a to be sold pursuant to this Ordi- part of Original One Hundred Acre P. P. No. 118-24-113 nance is more fully described as fol- Lot No. 336, being 40 feet front on Situated in the City of Cleveland, lows: the East side of East 73rd Street County of Cuyahoga and State of (formerly known as Brenton Street) Ohio, and known as being Sublot No. P. P. No. 118-25-021 143 feet and 6 1/2 inches deep on 106 in Harriette C. Sterling’s Allot- Situated in the City of Cleveland, the North line, and 143 feet 6 1/8 ment of part of Original One Hun- County of Cuyahoga and State of inches on the Southerly line as per dred Acre Lot No. 336, as shown by Ohio, and known as being Sublot No. plat of said Allotment recorded in the recorded plat in Volume 5 of 12 in H.C. Sterling’s Allotment of Volume 5 of Maps, Page 60 of Cuya- Maps, Page 60 of Cuyahoga County part of Original One Hundred Acre hoga County Record, be the same Records and being 40 feet front on Lot No. 336 as shown by the record- more or less, but subject to all legal the Westerly side of East 73rd ed plat in Volume 5 of Maps, Page highways. Street (formerly Brenton Street) and 60 of Cuyahoga County Records and Also subject to all zoning ordi- extending back of equal width 132 being 40 feet front on the Easterly nances, if any. feet, as appears by said plat, be the side of East 73rd Street, as appears Section 5. That pursuant to Sec- same more or less, but subject to all by said plat, be the same more or tion 183.021 of the Codified Ordi- legal highways. less, but subject to all legal high- nances of Cleveland, Ohio 1976, the Also subject to all zoning ordi- ways. Commissioner of Purchases and Sup- nances, if any. Section 17. That pursuant to Sec- plies is hereby authorized to sell Section 11. That pursuant to Sec- tion 183.021 of the Codified Ordi- Permanent Parcel No. 118-24-098 as tion 183.021 of the Codified Ordi- nances of Cleveland, Ohio 1976, the 1781 116 The City Record July 25, 2001

Commissioner of Purchases and Sup- Whereas, the City of Cleveland nances of Cleveland, Ohio 1976, the plies is hereby authorized to sell adopted and implemented proce- Commissioner of Purchases and Sup- Permanent Parcel No. 118-25-023 as dures under Chapter 5722 of the plies is hereby authorized to sell more fully described below, to Cleve- Ohio Revised Code to facilitate Permanent Parcel No. 127-07-002 as land Housing Network or designee. reutilization of nonproductive lands more fully described below, to Section 18. That the real property situated within the City of Cleve- KINBESS, LLC. to be sold pursuant to this Ordi- land; and Section 6. That the real property nance is more fully described as fol- Whereas, real property acquired to be sold pursuant to this Ordi- lows: under the City’s Land Reutilization nance is more fully described as fol- Program is acquired, held, adminis- lows: P. P. No. 118-23-023 tered and disposed of by the City of Situated in the City of Cleveland, Cleveland through its Department of P. P. No. 127-07-002 County of Cuyahoga and State of Community Development under the Situated in the City of Cleveland, Ohio, and known as being Sublot No. terms of Chapter 5722 of the Ohio County of Cuyahoga and State of 10 ion H.C. Sterling’s Allotment of Revised Code and Section 183.021 of Ohio, and known as being Sublot No. part of Original One Hundred Acre Codified Ordinances of the City of 111 in C.C. Balwin’s Re-Allotment of Lot No. 336, as shown by the record- Cleveland, 1976; and part of Original One Hundred Acre ed plat in Volume 5 of Maps, Page Whereas, this ordinance consti- Lot No. 431, as shown by the record- 60 of Cuyahoga County Records, and tutes an emergency measure provid- ed plat in Volume 14 of Maps, Page being 40 feet front on the Easterly ing for the usual daily operation of 20 of Cuyahoga County Records, and side of East 73rd Street (formerly a municipal department; now, there- being 40 feet front on the Northerly Brenton Street, and extending back fore, side of Preble Avenue, S.E., and 143 feet and 8 1/8 inches deep on Be it ordained by the Council of extending back between parallel the Southerly line, 143 feet and 8 1/2 the City of Cleveland: lines 120 feet deep and has a rear inches deep on the Northerly line, Section 1. That pursuant to Sec- line of 40 feet, as appears by said and being 40 feet wide in the rear, tion 183.021 of the Codified Ordi- plat, be the same more or less, but as appears by said plat, be the same nances of Cleveland, Ohio, 1976, the subject to all legal highways. more or less, but subject to all legal Commissioner of Purchases and Sup- Also subject to all zoning ordi- highways. plies is hereby authorized to sell nances, if any. Subject to zoning ordinances, if Permanent Parcel No. 127-01-036 as Section 7. That pursuant to Sec- any. more fully described below, to tion 183.C21 of the Codified Ordi- Section 19. That all documents KINBESS, LLC. nances of Cleveland, Ohio 1976, the necessary to complete the con- Section 2. That the real property Commissioner of Purchases and Sup- veyance authorized by this ordi- to be sold pursuant to Section 1 of plies is hereby authorized to sell nance shall be executed within six this Ordinance is more fully Permanent Parcel No. 127-07-003 as (6) months of the effective date of described as follows: more fully described, to KINBESS, this ordinance. If all of the docu- LLC. ments are not executed within six P. P. No. 127-01-036 Section 8. That the real property (6) months of the effective date of Situated in the City of Cleveland, to be sold pursuant to this Ordi- this ordinance, or such additional County of Cuyahoga and State of nance is more fully described as fol- time as may be granted by the Ohio, and known as being the East- lows: Director of Community Develop- erly 36 feet of Sublot Nos. 114, 115 ment, this ordinance shall be and 116 in Charles Leavitt’s Subdi- P. P. No. 127-07-003 repealed and shall be of no further vision of part of Original One Hun- Situated in the City of Cleveland, force or effect. dred Acre Lot No. 431, as shown by County of Cuyahoga and State of Section 20. That the consideration the recorded plat in Volume 5 of Ohio, and known as being Sublot No. for the subject parcel shall be estab- Maps, Page 62 of Cuyahoga County 110 in C.C. Balwin’s Re-Allotment of lished by the Board of Control and Records, and together forming a A.C. Armstrong’s Subdivision of part shall be not less than Fair Market parcel of land having a frontage of of Original One Hundred Acre Lot Value taking into account such 36 feet on the Northerly side of Pre- No. 431, as shown by the recorded terms and conditions, restrictions ble Avenue, S.E., (formerly Pine plat of said Re-Allotment in Volume and covenants as are deemed nec- Street), and extending back of equal 14 of Maps, Page 20 of Cuyahoga essary or appropriate. width 95 feet, as appears by said County Records, and being 40 feet Section 21. That the conveyance plat, be the same more or less, but front on the Northeasterly side of authorized hereby shall be made by subject to all legal highways. Ease- Preble Avenue, S.E., and extending official deed prepared by the Direc- ment recorded in Volume 5680, Page back between parallel lines 120 feet tor of Law and executed by the 662 of Cuyahoga County Records. deep, as appears by said plat, be the Mayor on behalf of the City of Subject to zoning ordinances, if same more or less, but subject to all Cleveland. The deed shall contain any. legal highways. such provisions as may be necessary Section 3. That pursuant to Sec- Also subject to all zoning ordi- to protect and benefit the public tion 183.021 of the Codified Ordi- nances, if any. interest including such restrictive nances of Cleveland, Ohio 1976, the Section 9. That pursuant to Sec- covenants and reversionary inter- Commissioner of Purchases and Sup- tion 183.021 of the Codified Ordi- ests as may be specified by the plies is hereby authorized to sell nances of Cleveland, Ohio 1976, the Board of Control, the Director of Permanent Parcel No. 127-07-001 as Commissioner of Purchases and Sup- Community Development or the more fully described below, to plies is hereby authorized to sell Director of Law. KINBESS, LLC. Permanent Parcel No. 127-07-013 as Section 22. That this ordinance is Section 4. That the real property more fully described below, to hereby declared to be an emergency to be sold pursuant to this Ordi- KINBESS, LLC. measure and, provided it receives nance is more fully described as fol- Section 10. That the real property the affirmative vote of two-thirds of lows: to be sold pursuant to this Ordi- all the members elected to Council, nance is more fully described as fol- it shall take effect and be in force P. P. No. 127-07-001 lows: immediately upon its passage and Situated in the City of Cleveland, approval by the Mayor; otherwise it County of Cuyahoga and State of P. P. No. 127-07-013 shall take effect and be in force Ohio, and known as being Sublot No. Situated in the City of Cleveland, from and after the earliest period 112 in C.C. Balwin’s Re-Allotment of County of Cuyahoga and State of allowed by law. part of Original One Hundred Acre Ohio, and known as being Sublot No. Passed July 18, 2001. Lot No. 431, as shown by the record- 1 in C.C. Baldwin’s Re-Allotment of Awaiting the approval or disap- ed plat in Volume 14 of Maps, Page A.C. Armstrong’s Allotment of a part proval of the Mayor. 20 of Cuyahoga County Records and of Original One Hundred Acre Lot being 46.38 feet front on the Norther- No. 431, as shown by the recorded ly side of Preble Avenue, S.E., and plat in Volume 14 of Maps, Page 20 Ord. No. 1389-01. extending back of equal width 120 of Cuyahoga County Records and By Councilmen Jackson, Cimper- feet, and 46.65 feet in the rear, as being 41.84 feet front on the Souther- man and Patmon (by departmental appears by said plat, be the same ly side of Preble Avenue, S.E., and request). more or less, but subject to all legal extending back 130 feet deep on the An emergency ordinance authoriz- highways. Westerly line, 117.67 feet deep on ing the sale of real property as part Subject to zoning ordinances, if the Easterly line, and 40 feet wide of the Land Reutilization Program any. in the rear, as appears by said plat, and located on Preble Avenue to Section 5. That pursuant to Sec- be the same more or less, but sub- KINBESS, LLC. tion 183.021 of the Codified Ordi- ject to all legal highways. 1782 July 25, 2001 The City Record 117

Also subject to all zoning ordi- plies is hereby authorized to sell a municipal department; now, there- nances, if any. Permanent Parcel No. 118-29-064, as fore, Section 11. That all documents more fully described below, to Be it ordained by the Council of necessary to complete the con- Greater Cleveland Habitat for the City of Cleveland: veyance authorized by this ordi- Humanity, Inc. Section 1. That notwithstanding nance shall be executed within six Section 2. That the real property the provision of Section 623.13 of the (6) months of the effective date of to be sold pursuant to this ordinance Codified Ordinances of Cleveland, this ordinance. If all of the docu- is more fully described as follows: Ohio 1976, the Director of Public ments are not executed within six Service is hereby authorized and (6) months of the effective date of P. P. No. 118-29-064 directed to issue a permit to East this ordinance, or such additional Situated in the City of Cleveland, End Neighborhood House, 2749 time as may be granted by the County of Cuyahoga and State of Woodhill Road, Cleveland, Ohio Director of Community Develop- Ohio, and known as being Sublot No. 44104, to install, maintain and ment, this ordinance shall be 45 in W.S. and M.W. Chamberlain’s remove one (1) banner to be repealed and shall be of no further Allotment of part of Original One stretched on Cleveland Public force or effect. Hundred Acre Lot Nos. 334 and 335, Power utility poles, (by separate Section 12. That the consideration as shown by the recorded plat in permission) to publicize a commu- for the subject parcel shall be estab- Volume 3 of Maps, Page 28 of Cuya- nity festival for the period of July lished by the Board of Control and hoga County Records, and being 40 17, 2001 to August 18, 2001, inclu- shall be not less than Fair Market feet front on the Easterly side of sive, and which banner is to be Value taking into account such East 59th Street, extending back of stretched at the following pole loca- terms and conditions, restrictions equal width, 160 feet deep, be the tions and on the following pole and covenants as are deemed nec- same more or less, but subject to all numbers: On Buckeye Rd. – the 4th essary or appropriate. legal highways. Pole E. of Ambler (N), Pole #C17- Section 13. That the conveyance Also subject to all zoning ordi- 39; On Buckeye Rd. – the 1st pole authorized hereby shall be made by nances, if any. E. of RTA driveway (S), Pole #C18- official deed prepared by the Direc- Section 3. That all documents nec- 40; and which poles location and tor of Law and executed by the essary to complete the conveyance banner shall be approved by the Mayor on behalf of the City of authorized by this ordinance shall Director of Public Service in con- Cleveland. The deed shall contain be executed within six (6) months sultation with the Director of Pub- such provisions as may be necessary of the effective date of this ordi- lic Safety, as to type, method of to protect and benefit the public nance. If all of the documents are affixing and location so as not to interest including such restrictive not executed within six (6) months interfere with any sign erected and covenants and reversionary inter- of the effective date of this ordi- maintained under the requirements ests as may be specified by the nance, or such additional time as of law or ordinance. The permission Board of Control, the Director of may be granted by the Director of of the owner of any pole from Community Development or the Community Development, this ordi- which a banner will be hung must Director of Law. nance shall be repealed and shall be be obtained prior to issuance of the Section 14. That this ordinance is of no further force or effect. permit. No commercial advertising hereby declared to be an emergency Section 4. That the consideration shall be printed or permitted on measure and, provided it receives for the subject parcel shall be estab- said banners, and said banners the affirmative vote of two-thirds of lished by the Board of Control and shall be removed promptly upon the all the members elected to Council, shall be not less than Fair Market expiration of said permit. it shall take effect and be in force Value taking into account such Section 2. That this ordinance is immediately upon its passage and terms and conditions, restrictions hereby declared to be an emergency approval by the Mayor; otherwise it and covenants as are deemed nec- measure and, provided it receives shall take effect and be in force essary or appropriate. the affirmative vote of two-thirds of from and after the earliest period Section 5. That the conveyance all the members elected to Council, allowed by law. authorized hereby shall be made by it shall take effect and be in force Passed July 18, 2001. official deed prepared by the Direc- immediately upon its passage and Awaiting the approval or disap- tor of Law and executed by the approval by the Mayor; otherwise it proval of the Mayor. Mayor on behalf of the City of shall take effect and be in force Cleveland. The deed shall contain from and after the earliest period such provisions as may be necessary allowed by law. Ord. No. 1390-01. to protect and benefit the public Passed July 18, 2001. By Councilmen Jackson, Cimper- interest including such restrictive Awaiting the approval or disap- man and Patmon (by departmental covenants and reversionary inter- proval of the Mayor. request). ests as may be specified by the An emergency ordinance authoriz- Board of Control, the Director of ing the sale of real property as part Community Development or the Ord. No. 1392-01. of the Land Reutilization Program Director of Law. By Councilman Jones. and located at 2331 East 59th Street Section 6. That this ordinance is An emergency ordinance amend- to Greater Cleveland Habitat for hereby declared to be an emergency ing the title and Sections 1 and 2 of Humanity, Inc. measure and, provided it receives Ordinance No. 286-2000, passed Feb- Whereas, the City of Cleveland the affirmative vote of two-thirds of ruary 28, 2000, relating to property has elected to adopt and implement all the members elected to Council, maintenance for senior and disabled the procedures under Chapter 5722 it shall take effect and be in force residents through use of Ward 1 of the Ohio Revised Code to facili- immediately upon its passage and Neighborhood Equity Funds. tate reutilization of nonproductive approval by the Mayor; otherwise it Whereas, this ordinance consti- lands situated within the City of shall take effect and be in force tutes an emergency measure provid- Cleveland; and from and after the earliest period ing for the usual daily operation of Whereas, real property acquired allowed by law. a municipal department; now, there- under the City’s Land Reutilization Passed July 18, 2001. fore Program is acquired, held, adminis- Awaiting the approval or disap- Be it ordained by the Council of tered and disposed of by the City of proval of the Mayor. the City of Cleveland: Cleveland through its Department of Section 1. That the title and Sec- Community Development under the tions 1 and 2 of Ordinance No. 286- terms of Chapter 5722 of the Ohio Ord. No. 1391-01. 2000, passed February 28, 2000, are Revised Code and Section 183.021 of By Councilman Johnson. hereby amended to read respective- Codified Ordinances of the City of An emergency ordinance authoriz- ly as follows: Cleveland, 1976; and ing and directing the Director of An emergency ordinance authoriz- Whereas, this ordinance consti- Public Service to issue a permit to ing the Director of Aging to enter tutes an emergency measure provid- East End Neighborhood House to into an agreement with Amistad ing for the usual daily operation of stretch 1-banner on Buckeye Rd., Development Corporation for prop- a municipal department; now, there- using Cleveland Public Power utili- erty maintenance services for low- fore, ty poles (by separate permission) income and senior citizens or dis- Be it ordained by the Council of for the period of July 17, 2001 to abled residents through the use of the City of Cleveland: August 18, 2001, inclusive, to publi- Ward 1 Neighborhood Equity Funds. Section 1. That pursuant to Sec- cize a community festival. Section 1. That the Director of tion 183.021 of the Codified Ordi- Whereas, this ordinance consti- Aging is authorized to enter into an nances of Cleveland, Ohio, 1976, the tutes an emergency measure provid- agreement with Amistad Develop- Commissioner of Purchases and Sup- ing for the usual daily operation of ment Corporation for property main- 1783 118 The City Record July 25, 2001 tenance services for low-income and Ohio as parts of Sublot Nos. 71 and ing for the usual daily operation of senior citizens or disabled residents 72, N.M. Standart Subdivision, Plat a municipal department; now, there- through the use of Ward 1 Neigh- Book 1, Pages 22, Cuyahoga County fore, borhood Equity Funds. Records, beginning in the Northerly Be it ordained by the Council of Section 2. That the costs of said side of Bridge Avenue (66 feet the City of Cleveland: contract shall be in an amount not wide) 32.5 feet Westerly from the Section 1. That pursuant to Sec- to exceed One Hundred Thousand Southeasterly corner of Sublot No. tion 411.06 of the Codified Ordi- Dollars ($100,000.00) and shall be 71; thence Northerly parallel with nances of Cleveland, Ohio 1976, this paid from Fund No. 10 SF 166. the Easterly line of Sublot Nos. 71 Council consents to and approves Section 2. That the title and Sec- and 72, 80 feet to the Northerly line the holding of the 11th Annual Dr. tions 1 and 2 of Ordinance No. 286- of Sublot No. 72; thence Easterly in John Carey Memorial AIDS Walk, 2000, passed February 28, 2000, are said Northerly line 32.58 feet; thence sponsored by Kropf Public Rela- hereby repealed. Southerly 80 feet to a point in the tions, Inc., on September 23, 2001, Section 3. That this ordinance is Northerly side of Bridge Avenue with the Walk Route beginning at hereby declared to be an emergency 64.46 feet from the Southwesterly Edgewater Park. The route will measure and, provided it receives corner of Sublot No. 71; thence West- take walkers west on Edgewater the affirmative vote of two-thirds of erly in said Northerly side line 32.5 Drive to West 117th Street. Walkers all the members elected to Council, feet to the beginning, be the same will then head south on West 117th it shall take effect and be in force more or less, but subject to all legal Street to Clifton. Walkers will then immediately upon its passage and highways. head east on Clifton to West Blvd. approval by the Mayor; otherwise it Also subject to all zoning ordi- and north on West Blvd. back to shall take effect and be in force nances, if any. Edgewater Park, provided that the from and after the earliest period P. P. No. 002-32-141 applicant sponsor shall meet all the allowed by law. Situated in the City, of Cleveland, requirements of Section 411.05 of the Passed July 18, 2001. County of Cuyahoga and State of Codified Ordinances of Cleveland, Awaiting the approval or disap- Ohio as the Easterly 32.5 feet of Ohio, 1976. Streets may be closed as proval of the Mayor. Sublot Nos. 71 and 72, N.M. Standart determined by the Chief of Police Subdivision, Plat Book 1, Page 22, and safety forces as may be neces- Cuyahoga County Records. sary in order to protect the partici- Ord. No. 1393-01. Also subject to all zoning ordi- pants in the event. Said permit shall By Councilmen Melena, Jackson, nances, if any further provide that the City of Cimperman and Patmon (by depart- Section 3. That all documents nec- Cleveland shall be fully indemnified mental request). essary to complete the conveyance from any and all liability resulting An emergency ordinance authoriz- authorized by this ordinance shall from the issuance of the same, to ing the sale of real property as part be executed within six (6) months the extent and in form satisfactory of the Land Reutilization Program of the effective date of this ordi- to the Director of Law. and located on Bridge Avenue to nance. If all of the documents are Section 2. That this ordinance is Bridge Housing Corporation. not executed within six (6) months hereby declared to be an emergency Whereas, the City of Cleveland of the effective date of this ordi- measure and, provided it receives has elected to adopt and implement nance, or such additional time as the affirmative vote of two-thirds of the procedures under Chapter 5722 may be granted by the Director of all the members elected to Council, of the Ohio Revised Code to facili- Community Development, this ordi- it shall take effect and be in force tate reutilization of nonproductive nance shall be repealed and shall be immediately upon its passage and lands situated within the City of of no further force or effect. approval by the Mayor; otherwise, it Cleveland; and Section 4. That the consideration shall take effect and be in force Whereas, real property acquired for the subject parcel shall be estab- from and after the earliest period under the City’s Land Reutilization lished by the Board of Control and allowed by law. Program is acquired, held, adminis- shall be not less than Fair Market Passed July 18, 2001. tered and disposed by the City of Value taking into account such Awaiting the approval or disap- Cleveland through its Department of terms and conditions, restrictions proval of the Mayor. Community Development under the and covenants as are deemed nec- terms of Chapter 5722 of the Ohio essary or appropriate. Revised Code and Section 183.021 of Section 5. That the conveyance Ord. No. 1395-01. Codified Ordinances of the City of authorized hereby shall be made by By Councilman O’Malley. Cleveland, 1976; and official deed prepared by the Direc- An emergency ordinance deter- Whereas, this ordinance consti- tor of Law and executed by the mining the method of making the tutes an emergency measure provid- Mayor on behalf of the City of Cleve- public improvement of tennis court ing for the usual daily operation of land. The deed shall contain such site improvements at Archmere a municipal department; now, there- provisions as may be necessary to Park for a complete rehabilitation fore protect and benefit the public inter- of said courts, and authorizing and Be it ordained by the Council of est including such restrictive directing the Director of Parks, the City of Cleveland: covenants and reversionary interests Recreation and Properties to enter Section 1. That pursuant to Sec- as may be specified by the Board of into contract for the making of such tion 183.021 of the Codified Ordi- Control, the Director of Community improvement. nances of Cleveland, Ohio 1976, the Development or the Director of Law. Whereas, this ordinance consti- Commissioner of Purchases and Sup- Section 6. That this ordinance is tutes an emergency measure provid- plies is hereby authorized to sell hereby declared to be an emergency ing for the usual daily operation of Permanent Parcel No(s). 002-32-139, measure and, provided it receives a municipal department; now, there- 002-32-140 and 002-32-141, as more the affirmative vote of two-thirds of fore fully described below, to Bridge all the members elected to Council, Be it ordained by the Council of Housing Corporation. it shall take effect and be in force the City of Cleveland: Section 2. That the real property immediately upon its passage and Section 1. That, pursuant to Sec- to be sold pursuant to this ordinance approval by the Mayor; otherwise it tion 167 of the Charter of the City is more fully described as follows: shall take effect and be in force of Cleveland, it is hereby determined from and after the earliest period to make the public improvement of P. P. No. 002-32-139 allowed by law. tennis court site improvements, for a Situated in the City of Cleveland, Passed July 18, 2001. complete rehabilitation of said County of Cuyahoga and State of Awaiting the approval or disap- courts, located at Archmere Park in Ohio as the Westerly 50 feet of proval of the Mayor. Ward 15 of the City of Cleveland, for Sublot Nos. 71 and 72, and the West- the Department of Parks, Recreation erly 50 feet of the Southerly 7 feet and Properties, by contract duly let of Sublot No. 73, N.M. Standart Sub- Ord. No. 1394-01. to the lowest responsible bidder division, Plat Book 1, Page 22, Cuya- By Councilmen Melena and West- after competitive bidding upon a hoga County Records, be the same brook. unit basis for the improvement. more or less, but subject to all legal An emergency ordinance consent- Section 2. That the Director of highways. ing and approving the issuance of a Parks, Recreation and Properties is Also subject to all zoning ordi- permit for the 11th Annual Dr. John hereby authorized and directed to nances, if any. Carey Memorial AIDS Walk on Sep- enter into a contract for the making tember 23, 2001, sponsored by Kropf of the above public improvement P. P. No. 002-32-140 Public Relations, Inc. with the lowest responsible bidder Situated in the City of Cleveland, Whereas, this ordinance consti- after competitive bidding on a per County of Cuyahoga and State of tutes an emergency measure provid- unit basis for the improvement, pro- 1784 July 25, 2001 The City Record 119 vided, however, that each separate cial advertising shall be printed or Section 4. That the permit herein trade and distinct component part of permitted on said banners, and said authorized shall be prepared by the said contract may be treated as a sep- banners shall be removed promptly Director of Law and shall be issued arate improvement and each or every upon the expiration of said permit. only when, in the opinion of the combination of such trades or com- Section 2. That this ordinance is director of Law, the City of Cleve- ponents may be the subject of a sep- hereby declared to be an emergency land has been properly indemnified arate contract upon a per unit basis. measure and, provided it receives against any and all loss which may Section 3. That an amount not to the affirmative vote of two-thirds of result from said permit. exceed Eighty Five Thousand Dol- all the members elected to Council, Section 5. That this ordinance is lars ($85,000) for said improvement it shall take effect and be in force hereby declared to be an emergency hereby authorized shall be paid immediately upon its passage and measure and, provided it receives from funds identified by the Direc- approval by the Mayor; otherwise it the affirmative vote of two-thirds of tor of Finance or such bond funds shall take effect and be in force all the members elected to Council, as will be or may have been issued from and after the earliest period it shall take effect and be in force for such improvements. allowed by law. immediately upon its passage and Section 4. That this ordinance is Passed July 18, 2001. approval by the Mayor; otherwise it hereby declared to be an emergency Awaiting the approval or disap- shall take effect and be in force measure and, provided it receives proval of the Mayor. from and after the earliest period the affirmative vote of two-thirds of allowed by law. all the members elected to Council, Passed July 18, 2001. it shall take effect and be in force Ord. No. 1397-01. Awaiting the approval or disap- immediately upon its passage and By Councilman Patmon. proval of the Mayor. approval by the Mayor; otherwise it An emergency ordinance authoriz- shall take effect and be in force ing the Director of Public Service to from and after the earliest period issue a permit to Mr. Larry Lump- Ord. No. 1398-01. allowed by law. kin, to hang 10 banners on E. 105th By Councilman Patmon (by de- Passed July 18, 2001. St. using Cleveland Public Power partmental request). Awaiting the approval or disap- utility poles (by separate permis- An emergency ordinance to amend proval of the Mayor. sion)to identify the location of the the title of Ordinance No. 896-01, Glenville Community’s Youth Oppor- passed June 19, 2001, relating to the tunity Center. transfer of funds. Ord. No. 1396-01. Whereas, this ordinance consti- Whereas, this ordinance consti- By Councilman Patmon. tutes an emergency measure provid- tutes an emergency measure provid- An emergency ordinance authoriz- ing for the usual daily operation of ing for the usual daily operation of ing and directing the Director of a municipal department; now, there- a municipal department; now, there- Public Service to issue a permit to fore, fore, Cleveland Church of Christ to hang Be it ordained by the Council of Be it ordained by the Council of seven (7) banners on the east side the City of Cleveland: the City of Cleveland: of East 105th Street on Cleveland Section 1. That the Director of Section 1. That the title of Ordi- Public Power utility poles (by sep- Public Service hereby is authorized nance No. 896-01, passed June 19, arate permission) for the period of to issue a permit, revocable at the 2001, is hereby amended to read as August 1, 2001 to August 31, 2001, will of the Council, and assignable follows: inclusive, to publicize their special by the Permittee with the written An emergency ordinance to trans- event. consent of the Director of Public fer the sum of one million fifty thou- Whereas, this ordinance consti- Service to Mr. Larry Lumpkin on sand dollars ($1,050,000) from Other tutes an emergency measure provid- behalf of the Glenville Community’s Funds within the General Fund to ing for the usual daily operation of Youth Opportunity Center at 540 various divisions of the Department a municipal department; now, there- East 105th Street, Cleveland, Ohio of Community Development and the fore, 44108, its successors and assigns, to Department of Public Health. Be it ordained by the Council of hang ten (10) banners using Cleve- Section 2. That the existing title the City of Cleveland: land Public Power utility poles (by Section 1. That notwithstanding separate permission), at various of Ordinance No. 896-01, passed June the provision of Section 623.13 of the locations on East 105th Street to 19, 2001, is hereby repealed. Codified Ordinances of Cleveland, identify and locate this Community Section 3. That this ordinance is Ohio 1976, the Director of Public Ser- Center, and which banners are to be hereby declared to be an emergency vice is hereby authorized and direct- hung at the following locations and measure and, provided it receives ed to issue a permit to Cleveland pole numbers: On East 105th Street: the affirmative vote of two-thirds of Church of Christ, 1055 East 105th 1) On the 5th pole North of St. all the members elected to Council, Street, Cleveland, Ohio 44108, to Clair (W), #NE6-104-5 it shall take effect and be in force install, maintain and remove seven 2) On the 6th pole North of St. immediately upon its passage and (7) banners to be hung on Cleveland Clair (W), #NE6-104-6 approval by the Mayor; otherwise it Public Power utility poles, (by sep- 3) On the 7th pole North of St. shall take effect and be in force arate permission) publicizing their Clair (W), #NE6-104-7 from and after the earliest period special event, for the period of 4) On the 8th pole North of St. allowed by law. August 1, 2001 to August 31, 2001, Clair (W), #NE6-104-7A Passed July 18, 2001. inclusive, publicizing their special 5) On the 9th pole North of St. Awaiting the approval or disap- event, and which banners are to be Clair (W), #NE6-104-8 proval of the Mayor. hung at the following pole locations 6) On the 10th pole North of St. and on the following pole numbers: Clair (W), #NE6-104-9 On the East Side of East 105th 7) On the 11th pole North of St. Ord. No. 1399-01. Street, (on all wooden utility poles) Clair (W), #NE6-104-10 By Councilmen Patmon and Wil- at 1055 E. 105th St., Pole #NE2-30-17; 8) On the 12th pole North of St. lis. 1055 E. 105th St., Pole #NE2-30-18; Clair (W), #NE6-104-11 An emergency ordinance to amend 1st pole North of Massie Ave., Pole 9) On the 13th pole North of St. Sections 103.08 to 103.09 of the Cod- #NE2-30-19; 1st Pole South of Morri- Clair (W), #NE6-104-12 ified Ordinances of Cleveland, Ohio, son Ave., Pole #NE2-30-20; 1st Pole 10) On the 14th pole North of St. 1976, as enacted by Ordinance No. North of Morrison Ave., Pole #NE2- Clair (W), #NE6-104-13 1177-01, passed June 11, 2001 relat- 30-21; 1st Pole South of Pasadena Section 2. That said banners will ing to Wards of the City of Cleve- Ave., Pole #NE2-30-16; 1st Pole North be hung within the public right-of- land. of Drexel Ave., Pole #NE2-30-15; and way of portions of the streets as Whereas, this ordinance consti- which poles location and banner aforesaid, and said banners will be tutes an emergency measure provid- shall be approved by the Director of constructed in accordance with ing for the usual daily operation of Public Service in consultation with plans and specifications approved a municipal department; now, there- the Director of Public Safety, as to by the Commissioner of Engineering fore, type, method of affixing and loca- and Construction. Be it ordained by the Council of tion so as not to interfere with any Section 3. That nothing in this the City of Cleveland: sign erected and maintained under ordinance grants or shall be consid- Section 1. That Sections 103.08 to the requirements of law or ordi- ered to grant to Permittee any right, 103.09 of the Codified Ordinances of nance. The permission of the owner privilege or permission to use or to Cleveland, Ohio, 1976, as enacted by of any pole from which banners will attach or affix any objects to poles Ordinance No. 1177-01, passed June be hung must be obtained prior to described in Section 1 of this ordi- 11, 2001, are hereby amended to read issuance of the permit. No commer- nance. respectively as follows: 1785 120 The City Record July 25, 2001

Section 103.08 Ward Eight line of Euclid Avenue; thence east- Section 103.09 Ward Nine The boundaries of Ward 8 shall be erly along the center line of Euclid The boundaries of Ward 9 shall be as follows: Avenue to its intersection with the as follows: Beginning at the point of inter- center line of East 105th Street; Beginning at the point of inter- section of the shore line of Lake thence northerly along the center section of the center line of Eddy Erie and the dividing line between line of East 105th Street to its inter- Road, N.E. and the dividing line the City of Cleveland and the City section with the center line of Park between the City of Cleveland and of Bratenahl; thence in a general Lane Avenue, N.E.; thence easterly the City of Bratenahl; thence south- southwesterly direction along the along the center line of Park Lane easterly and southerly along the irregular shore line of Lake Erie to Avenue, N.E. to its intersection with center line of Eddy Road, N.E. to its its intersection with the northerly the center line of Stokes Boulevard, intersection with the center line of prolongation of the center line of N.E.; thence southerly along the St. Clair Avenue, N.E.; thence east- East 55th Street; thence southerly center line of Stokes Boulevard, erly along the center line of St. along the northerly prolongation N.E. to its intersection with the cen- Clair Avenue, N.E. to its intersec- and the center line of East 55th ter line of Euclid Avenue; thence tion with the center line of East Street to its intersection with the easterly and northeasterly along 124th Street; thence southerly along center line of the main line tracks the center line of Euclid Avenue to the center line of East 124th Street of the CSX Railroad; thence north- its intersection with the center line to its intersection with the center easterly along the center line of the of East Boulevard, N.E.; thence line of Brackland Avenue, N.E.; main line tracks of the CSX Rail- northerly, northeasterly, northerly thence easterly along the center road to its intersection with the cen- and northwesterly along the center line of Brackland Avenue, N.E. and ter line of Addison Road, N.E.; line of East Boulevard, N.E. to its its prolongation to its intersection thence southerly along the center intersection with the center line of with the dividing line between the line of Addison Road, N.E. to its Hazel Drive, N.E.; thence northeast- City of Cleveland and the City of intersection with the center line of erly and northerly along the center East Cleveland; thence along the St. Clair Avenue, N.E.; thence north- line of Hazel Drive, N.E. to its inter- dividing line between the City of easterly along the center line of St. section with the center line of Mag- Cleveland and the City of East Clair Avenue, N.E. to its intersec- nolia Drive, N.E.; thence southeast- Cleveland, southerly, westerly, tion with the center line of East erly along the center line of Mag- southerly and easterly to its inter- 67th Street; thence northerly along nolia Drive, N.E. to its intersection section with the center line of the center line of East 67th Street with the center line of Mistletoe Euclid Avenue; thence southwester- to its intersection with the center Drive, N.E.; thence northerly along ly along the center line of Euclid line of Arctic Court, N.E.; thence the center line of Mistletoe Drive, Avenue to its intersection with the easterly along the center line of N.E. to its intersection with the cen- center line of East 116th Street, Arctic Court, N.E. to its intersection ter line of Wade Park Avenue, N.E.; (now vacated); thence southeaster- with the center line of East 69th thence westerly along the center ly and southerly, along the center Street; thence northerly along the line of Wade Park Avenue, N.E. to line of East 116th Street, (now center line of East 69th Street to its its intersection with the center line vacated) to its intersection with the intersection with the center line of of East 105th Street; thence norther- center line of Mayfield Road, S.E.; Arctic Court, N.E. (now vacated); ly along the center line of East thence southerly and southwesterly thence easterly along the center 105th Street to its intersection with along the center line of Circle line of Arctic Court, N.E. (now the centerline of Ashbury Avenue, Drive, S.E. to its intersection with vacated) to its intersection with the N.E.; thence northwesterly along the the center line of Cornell Road, S.E.; center line of East 69th Place; center line of Churchill Avenue, thence southeasterly along the cen- thence northerly along the center N.E. to its intersection with the cen- ter line of Cornell Road, S.E. to its line of East 69th Place to its inter- ter line of East 108th Street; thence intersection with the center line of section with the center line of northerly along the center line of Circle Drive, S.E.; thence south- Machinery Avenue, N.E.; thence East 108th Street to its intersection westerly along the center line of easterly along the center line at with the center line of Hull Avenue, Circle Drive, S.E. to its intersection Machinery Avenue, N.E. to its inter- N.E.; thence northeasterly along the with the center line of Adelbert section with the center line of East center line of Hull Avenue, N.E. to Road, S.E.; thence southeasterly 70th Street; thence southerly along its intersection with the center line along the center line of Adelbert the center line of East 70th Street of East 110th Street; thence norther- Road, S.E. to its intersection with to its intersection with the center ly along the center line of East the center line of the main line line of St. Clair Avenue, N.E.; thence 110th Street to its intersection with tracks of the NS Railroad; thence northeasterly along the center line the center line of Superior Avenue, southwesterly along the center line of St. Clair Avenue, N.E. to its inter- N.E.; thence continuing northerly of the main line tracks of the NS section with the center line of East along the center line of Parkwood Railroad to its intersection with the 74th Street; thence southerly along Avenue, N.E. to its intersection with center line of Stokes Boulevard, the center line of East 74th Street the center line of Primrose Avenue, S.E.; thence northwesterly along the to its intersection with the center N.E.; thence easterly along the cen- center line of Stokes Boulevard, S.E. line of Korman Avenue, N.E.; thence ter line of Primrose Avenue, N.E. to to its intersection with the center easterly along the center line of its intersection with the center line line of Carnegie Avenue, S.E.; Korman Avenue, N.E. to its inter- of Linn Drive, N.E.; thence norther- thence easterly along the center section with the center line of East ly along the center line of Linn line of Carnegie Avenue, S.E. to its 77th Street; thence southerly along Drive, N.E. to its intersection with intersection with the center line of the center line of East 77th Street the center line of Tuscora Avenue, East 109th Street; thence northerly to its intersection with the center N.E.; thence easterly along the cen- along the center line of East 109th line of Donald Avenue, N.E.; thence ter line of Tuscora Avenue, N.E. to Street to its intersection with the easterly along the center line of its intersection with the center line center line of Deering Avenue, S.E.; Donald Avenue, N.E. to its intersec- of Lakeview Road, N.E.; thence thence westerly along the center tion with the center line of East northerly along the center line of line of Deering Avenue, S.E. to its 78th Street; thence northerly along Lakeview Road, N.E. to its inter- intersection with the center line of the center line of East 78th Street section with the center line of St. Stokes Boulevard, S.E.; thence to its intersection with the center Clair Avenue, N.E.; thence norther- northerly along the center line of line of Korman Avenue, N.E.; thence ly along the center line of East Stokes Boulevard, S.E. to its inter- easterly along the center line of 110th Street to its intersection with section with the center line of Korman Avenue, N.E. to its inter- the southwesterly extension of the Euclid Avenue; thence easterly and section with the center line of East center line of Hazeldell Road, N.E.; northeasterly along the centerline 79th Street; thence southerly along thence northeasterly along the cen- of Euclid Avenue to its intersection the center line of East 79th Street ter line of the southwesterly exten- with the centerline of East Boule- to its intersection with the center sion of Hazeldell Road, N.E. to its vard, N.E.; thence northerly, north- line of Bellevue Avenue, N.E.; intersection with the center line of easterly, northerly and northwester- thence easterly along the center Dundee Drive, N.E.; thence north- ly along the center line of East line of Bellevue Avenue, N.E. to its westerly along the prolongation of Boulevard, N.E. to its intersection intersection with the center line of the center line of Dundee Drive, with the center line of Hazel Drive, Ansel Road, N.E.; thence southeast- N.E. to its intersection with the N.E.; thence northeasterly and erly, southwesterly, southerly and dividing line between the City of northerly along the center line of southeasterly along the center line Cleveland and the City of Brate- Hazel Drive, N.E. to its intersection of Ansel Road, N.E. to its intersec- nahl; thence southwesterly and with the center line of Magnolia tion with the center line of East northerly along the dividing line Drive, N.E.; thence southeasterly 101st Street; thence southerly along between the City of Cleveland and along the center line of Magnolia the center line of East 101st Street the City of Bratenahl to the place Drive, N.E. to its intersection with to its intersection with the center of beginning. the center line of Mistletoe Drive, 1786 July 25, 2001 The City Record 121

N.E.; thence northerly along the cen- ing for the usual daily operation of Ord. No. 1402-01. ter line of Mistletoe Drive, N.E. to a municipal department; now, there- By Councilman Polensek. its intersection with the center line fore An emergency ordinance authoriz- of Wade Park Avenue, N.E.; thence Be it ordained by the Council of ing the purchase by requirement westerly along the center line of the City of Cleveland: contract of labor and materials nec- Wade Park Avenue, N.E. to its Section 1. That Section 2 of Ordi- essary to publish and distribute the intersection with the center line of nance No. 2119-2000, passed Decem- City Record. East 105th Street; thence northerly ber 18, 2000, is hereby amended to Whereas, this ordinance consti- along the center line of East 105th read respectively as follows: tutes an emergency measure provid- Street to its intersection with the Section 2. That the term of said ing for the usual daily operation of center line of Churchill Avenue, loan shall be in accordance with the a municipal department; now, there- N.E.; thence easterly along the cen- terms as set forth in the Executive fore ter line of Churchill Avenue, N.E. to Summary contained in File No. 2119- Be it ordained by the Council of its intersection with the center line 2000-A, as amended by File No. 2119- the City of Cleveland: of East 108th Street; thence norther- 2000-B. Section 1. That notwithstanding ly along the center line of East Section 2. That existing Section 2 any provisions of the Codified Ordi- 108th Street to its intersection with of Ordinance No. 2119-2000, passed nances of Cleveland, Ohio, 1976 to the center line of Hull Avenue, N.E.; December 18, 2000, is hereby the contrary, the Clerk of Council is thence northeasterly along the cen- repealed. authorized to purchase by require- ter line of Hull Avenue, N.E. to its Section 3. That this ordinance is ment contract the labor and materi- intersection with the center line of hereby declared to be an emergency als necessary to publish and distrib- East 110th Street; thence northerly measure and, provided it receives ute the City Record in accordance along the center line of East 110th the affirmative vote of two-thirds of with Section 75 of the Charter of the City of Cleveland and Section 115.01 Street to its intersection with the all the members elected to Council, of the Codified Ordinances of Cleve- center line of Superior Avenue, N.E.; it shall take effect and be in force land, Ohio, 1976. Said contract to be thence continuing northerly along immediately upon its passage and entered into with the lowest and the center line of Parkwood Drive, approval by the Mayor; otherwise it best bidder after advertising once a N.E. to its intersection with the cen- shall take effect and be in force week for two consecutive weeks in ter line of Primrose Avenue, N.E.; from and after the earliest period accordance with Section 108 of the thence easterly along the center allowed by law. Codified Ordinances. The cost of said line of Primrose Avenue, N.E. to its Passed July 18, 2001. contract to be payable from funds intersection with the center line of Awaiting the approval or disap- appropriated by Council. Linn Drive, N.E.; thence northerly proval of the Mayor. Section 2. That this ordinance is along the center line of Linn Drive, hereby declared to be an emergency N.E. to its intersection with the cen- measure and, provided it receives ter line of Tuscora Avenue, N.E.; Ord. No. 1401-01. the affirmative vote of two-thirds of thence easterly along the center By Councilman Polensek. all the members elected to Council, line of Tuscora Avenue, N.E. to its An emergency ordinance to amend it shall take effect and be in force intersection with the center line of Ordinance No. 1729-2000, passed Octo- immediately upon its passage and Lakeview Road, N.E.; thence north- ber 16, 2000, pertaining to the fund approval by the Mayor; otherwise it erly along the center line of Lake- established with monies paid by shall take effect and be in force view Road, N.E. to its intersection Cablevision of Cleveland, L.P., as from and after the earliest period with the center line of St. Clair franchise fees, to expand the poten- allowed by law. Avenue, N.E.; thence northerly tial use of the funds. Passed July 18, 2001. along the center line of East 110th Whereas, the Council of the City of Awaiting the approval or disap- Street to its intersection with the Cleveland approved Ordinance No proval of the Mayor. southwesterly extension of the cen- 1729-2000 on October 16, 2000, which ter line of Hazeldell Road, N.E.; approved the request of Cablevision thence northeasterly along the cen- of Cleveland, L.P. to transfer its cable Ord. No. 1403-01. ter line of the southwesterly exten- television franchise to Adelphia By Councilman Polensek. sion of Hazeldell Road, N.E. to its Cleveland LLC, and approved an An emergency ordinance authoriz- intersection with the center line of extension of said franchise term; and ing the purchase by requirement Dundee Drive, N.E.; thence north- Whereas, Section 6 of that Ordi- contract of labor and materials nec- westerly along the prolongation of nance directs the establishment of essary to service and maintain inter- the center line of Dundee Drive, a fund within the General Fund of net access for the various offices of N.E. to its intersection with the the City into which past due fran- Cleveland City Council. dividing line between the City of chise fees were paid by Cablevi- Whereas, this ordinance consti- Cleveland and the City of Brate- sion of Cleveland, L.P., pursuant to tutes an emergency measure provid- nahl; thence northeasterly along the Section 1(A) of that Ordinance, in ing for the usual daily operation of dividing line between the City of the amount of $989,377; now there- a municipal department; now, there- Cleveland and the City of Bratenahl f o r e fore to the place of beginning. Be it ordained by the Council of Be it ordained by the Council of Section 2. That existing Sections the City of Cleveland City Council the City of Cleveland: 103.08 to 103.09 of the Codified Ordi- Section 1. That Section 6 of Ordi- Section 1. That notwithstanding nances of Cleveland, Ohio, 1976, as nance No. 1729-2000, passed October any provisions of the Codified Ordi- enacted by Ordinance No. 1177-01, 16, 2000, is hereby amended to read nances of Cleveland, Ohio, 1976 to passed June 11, 2001, are hereby as follows: the contrary, the Clerk of Council is repealed. Section 6. That the Director of authorized to purchase by require- Section 3. That this ordinance is Finance shall establish within the ment contract the labor and materi- als necessary to service and main- hereby declared to be an emergency General Fund of the City a fund into tain internet access for the various measure and, provided it receives which shall be deposited those the affirmative vote of two-thirds of offices of Cleveland City Council for monies collected in accordance with a period of two years. Said contract all the members elected to Council, Section 1, Paragraph A, to be used to be entered into with the lowest it shall take effect and be in force for public, educational and govern- and best bidder after advertising immediately upon its passage and ment access and other public once a week for two consecutive approval by the Mayor; otherwise it telecommunications, communications, weeks in accordance with Section shall take effect and be in force promotional and cable services to be 108 of the Codified Ordinances. The from and after the earliest period allocated by ordinance by Cleveland cost of said contract to tie payable allowed by law. City Council. from funds appropriated by Council. Passed July 18, 2001. Section 2. That this ordinance is Section 2. That this ordinance is Awaiting the approval or disap- hereby declared to be an emergency hereby declared to be an emergency proval of the Mayor. measure and, provided it receives measure and, provided it receives the affirmative vote of two-thirds of the affirmative vote of two-thirds of all the members elected to Council, all the members elected to Council, Ord. No. 1400-01. it shall take effect and be in force it shall take effect and be in force By Councilman Polensek. immediately upon its passage and immediately upon its passage and An emergency ordinance amend- approval by the Mayor; otherwise it approval by the Mayor; otherwise it ing Section 2 of Ordinance No. 2119- shall take effect and be in force shall take effect and be in force 2000, passed December 18, 2000, from and after the earliest period from and after the earliest period relating to economic development allowed by law. allowed by law. assistance for C & K Meats. Passed July 18, 2001. Passed July 18, 2001. Whereas, this ordinance consti- Awaiting the approval or disap- Awaiting the approval or disap- tutes an emergency measure provid- proval of the Mayor. proval of the Mayor. 1787 122 The City Record July 25, 2001

Ord. No. 1404-01. ing for the usual daily operation of Ord. No. 1406-01. By Councilman Polensek. a municipal department; now, there- By Councilmen Reed and White. An emergency ordinance consent- fore, An emergency ordinance amend- ing and approving the issuance of a Be it ordained by the Council of ing the title and Sections 1 and 2 of permit for the Euclid Ambulance the City of Cleveland: Ordinance No. 100-01, passed Janu- Race on August 2, 2001, sponsored Section 1. That pursuant to Sec- ary 22, 2001, relating to an agree- by East 185th Street Festival Com- tion 183.021 of the Codified Ordi- ment with the Boys and Girls Clubs mittee. nances of Cleveland, Ohio, 1976, the through use of Ward 2 and 3 Neigh- Whereas, this ordinance consti- Commissioner of Purchases and Sup- borhood Equity Funds. Whereas, this ordinance consti- tutes an emergency measure provid- plies is hereby authorized to sell tutes an emergency measure provid- ing for the usual daily operation of Permanent Parcel No. 138-05-001, as more fully described below, to John ing for the usual daily operation of a municipal department; now, there- a municipal department; now, there- H. Moore, Jr. fore, fore Section 2. That the real property Be it ordained by the Council of Be it ordained by the Council of the City of Cleveland: to be sold pursuant to this ordinance the City of Cleveland: Section 1. That pursuant to Sec- is more fully described as follows: Section 1. That the title and Sec- tion 411.06 of the Codified Ordi- tions 1 and 2 of Ordinance No. 100- nances of Cleveland, Ohio 1976, this P. P. No. 138-05-001 01, passed January 22, 2001, are Council consents to and approves Situated in the City of Cleveland, hereby amended to read respective- the holding of the Euclid Ambu- County of Cuyahoga and State of ly as follows: lance Race sponsored by the East Ohio, and known as being the West- An emergency ordinance autho- 185th Street Festival Committee, on erly 110 feet of Sublot No. 83 and the rizing the Director of Community August 2, 2001, starting at Villa Northerly 2.15 feet of the Westerly Development to enter into an agree- Angela/St. Joe’s on East 185th and 110 feet of Sublot No. 84 in H. Ibele ment with the Boys and Girls Clubs Lakeside Avenue, west on Lakeside and J.M. Pettibone’s Subdivision of of Cleveland for certain recreation- to Wildwood Park entrance, go part of Original One Hundred Acre al programs to further the public Lot No. 462, as shown by the record- purpose of providing recreational through Wildwood Park to Dorch- ed plat in Volume 37 of Maps, Page opportunities for youth and other ester, east on Dorchester to Schen- 9 of Cuyahoga County Records, and residents of the City of Cleveland ley, Schenley to Lakeshore, Lake- together forming a parcel of land through the use of Ward 3 and shore east to Villa Angela/St. Joe’s 52.15 feet front on the Easterly side Ward 2 Neighborhood Equity and finish, provided that the appli- of Easterly 131st Street (formerly F u n d s . cant sponsor shall meet all the Mars Hill Avenue) 110 feet deep on Section 1. That the Director of requirements of Section 411.05 of the the Southerly line, 110 feet deep on Community Development is autho- Codified Ordinances of Cleveland, the Northerly line, which is also the rized to enter into an agreement Ohio, 1976. Streets may be closed as Southerly line of Durkee Avenue, with the Boys and Girls Clubs of determined by the Chief of Police S.E. (formerly Preston Street) and Cleveland for certain recreational and safety forces as may be neces- 52.15 feet wide in rear, as appears programs to further the public pur- sary in order to protect the partici- by said plat. pose of providing recreational opportunities for youth and other pants in the event. Said permit shall Subject to Zoning Ordinances, if residents of the City of Cleveland further provide that the City of any. through the use of Ward 3 and Cleveland shall be fully indemnified Section 3. That all documents nec- from any and all liability resulting Ward 2 Neighborhood Equity essary to complete the conveyance F u n d s . from the issuance of the same, to authorized by this ordinance shall the extent and in form satisfactory Section 2. That the cost of said be executed within six (6) months contract shall be in an amount not to the Director of Law. of the effective date of this ordi- to exceed $145,000.00 and shall be Section 2. That this ordinance is nance. If all of the documents are paid from Fund No. 10 SF 166, with hereby declared to be an emergency not executed within six (6) months $125,000.00 to be paid from Ward 3 measure and, provided it receives of the effective date of this ordi- Neighborhood Equity Funds and the affirmative vote of two-thirds of nance, or such additional time as $25,000.00 to be paid from Ward 2 all the members elected to Council, may be granted by the Director of Neighborhood Equity Funds. it shall take effect and be in force Community Development, this ordi- Section 3. That the title and Sec- immediately upon its passage and nance shall be repealed and shall be tions 1 and 2 of Ordinance No. 100- approval by the Mayor; otherwise, it of no further force or effect. 01, passed January 22, 2001, are shall take effect and be in force Section 4. That the consideration hereby repealed. from and after the earliest period for the subject parcel shall be estab- Section 4. That this ordinance is allowed by law. lished by the Board of Control and hereby declared to be an emergency Passed July 18, 2001. shall be not less than Fair Market measure and, provided it receives Awaiting the approval or disap- Value taking into account such the affirmative vote of two-thirds of proval of the Mayor. terms and conditions, restrictions all the members elected to Council, it shall take effect and be in force and covenants as are deemed nec- immediately upon its passage and essary or appropriate. approval by the Mayor; otherwise it Ord. No. 1405-01. Section 5. That the conveyance shall take effect and be in force By Councilmen Reed, Jackson, authorized hereby shall be made by from and after the earliest period Cimperman and Patmon (by depart- official deed prepared by the Direc- allowed by law. mental request). tor of Law and executed by the Passed July 18, 2001. An emergency ordinance authoriz- Mayor on behalf of the City of Awaiting the approval or disap- ing the sale of real property as part Cleveland. The deed shall contain proval of the Mayor. of the Land Reutilization Program such provisions as may be necessary and located at 3927 East 131st Street to protect and benefit the public to John H. Moore, Jr. interest including such restrictive Ord. No. 1407-01. Whereas, the City of Cleveland covenants and reversionary inter- By Councilman Sweeney. has elected to adopt and implement ests as may be specified by the An emergency ordinance to amend the procedures under Chapter 5722 Board of Control, the Director of the title of Ordinance No. 1267-01, of the Ohio Revised Code to facili- Community Development or the passed June 19, 2001, relating to a tate reutilization of nonproductive Director of Law. Lease Agreement with Ullrich Fam- lands situated within the City of Section 6. That this ordinance is ily Limited Partnership for use of Cleveland; and hereby declared to be an emergency City-owned land; to supplement Whereas, real property acquired measure and, provided it receives said ordinance by adding new Sec- under the City’s Land Reutilization the affirmative vote of two-thirds of tions 7 and 8 thereof; and to re- number existing Section 7 to new Program is acquired, held, adminis- all the members elected to Council, Section 9. tered and disposed of by the City of it shall take effect and be in force Whereas, this ordinance consti- Cleveland through its Department of immediately upon its passage and tutes an emergency measure provid- Community Development under the approval by the Mayor; otherwise it ing for the usual daily operation of terms of Chapter 5722 of the Ohio shall take effect and be in force a municipal department; now, there- Revised Code and Section 183.021 of from and after the earliest period fore, Codified Ordinances of the City of allowed by law. Be it ordained by the Council of Cleveland, 1976; and Passed July 18, 2001. the City of Cleveland: Whereas, this ordinance consti- Awaiting the approval or disap- Section 1. That the title of Ordi- tutes an emergency measure provid- proval of the Mayor. nance No. 1267-01, passed June 19, 1788 July 25, 2001 The City Record 123

2001 is hereby amended to read as Whereas, the Director of Commu- points mentioned, including both the follows: nity Development has requested the frontage and depth of corner lots An emergency ordinance authoriz- sale of City-owned property no where said streets intersect, be ing the Director of Port Control to longer needed for public use locat- layed, re-layed and repaired, with enter into a Lease Agreement with ed at 12712 Longmead Avenue; and either stone flagging or concrete, to Ullrich Family Limited Partnership Whereas, this ordinance consti- the full width of the present side- for the use and occupancy of certain tutes an emergency measure provid- walks or curbing on the streets and City-owned land; authorizing the ing for the usual daily operation of any associated corner properties Director of Port Control to execute a municipal department; now, there- respectively: a Deed conveying certain property fore, West 93rd Street and West 95th to Ullrich Family Limited Partner- Be it ordained by the Council of Street – Madison Avenue to the Mar- ship, or its designee, subject to a the City of Cleveland: ginal Road right-of-way easement to be retained Section 1. That notwithstanding 9801 Denison Avenue – Southwest by the City and declaring said prop- and as an exception to the provi- corner of Denison Avenue and West erty no longer needed for public use; sions of Chapters 181 and 183 of the 98th Street proferring certain representations Codified Ordinances of Cleveland, 3243 West 98th Street – Southeast for purposes of the Trust Indenture Ohio, 1976, it is hereby found and corner of Denison Avenue and West from the City of Cleveland to the determined that the described prop- 98th Street Chase Manhattan Trust Company, erty in File No. 1408-01-A is no Ashbury Avenue – East Boulevard National Association, as successor longer needed for public use. to Lakeview Road trustee and authorizing the Director Section 2. That by and at the Woodhaven – Ridge Road to West of Port Control to apply to the bond direction of the Board of Control, 63rd Street trustee for land release. the Commissioner of Purchases and West 59th Street – Memphis to Section 2. That the existing title Supplies is authorized to sell the Ridgeville of Ordinance No. 1267-01, passed property described in the above Cleveland Road – North of St. June 19, 2001 is hereby repealed. mentioned file which is designated Clair Avenue Section 3. That Ordinance No. 1267- as Parcel “A” to the Bellaire-Puritas Catalpa Road – North of Euclid 01, passed June 11, 2001 is hereby Development Corporation and the Avenue supplemented by adding new Sec- property designated at Parcel “B” to East 176th – Villaview to Notting- tions 7 and 8 to read, respectively, Happy Times Day Care and Nursery ham Road as follows: School, Inc. East 177th – Villaview to Notting- Section 7. That the City acknowl- Section 3. That the conveyances ham Road edges, states and affirms, pursuant shall be made by official deed to be Creekview – Nottingham Road to to Article IX of the Trust Inden- prepared by the Director of Law and east end ture from the City of Cleveland to executed by the Mayor on behalf of Dillewood – East 176th Street to the Chase Manhattan Trust Com- east end pany, National Association, as suc- the City of Cleveland. The deeds shall contain provisions including Nottingham Road – Villaview to cessor trustee, dated November 1, Lakeshore Boulevard 1976, as amended (the “Inden- such restrictive covenants and rever- sionary interests as may be speci- Shelton Road – Nottingham Road ture”), that the City desires and to east end requests that certain portions of fied by the Board of Control or Director of Law protecting the par- Tiverton Road – Nottingham Road its land heretofore subject to the to east end Indenture by released and removed ties as their respective interests require and shall specifically con- Sprengle Road – West 146th Street from all obligations under said to West 143rd Street (curb only) Indenture. Further, the City tain a provision against the erection of any advertising signs or bill- Allien Avenue – East of W. 179th acknowledges, states and affirms Street to W. 176th Street that it is not in default under said boards except permitted identifica- tion signs. Section 2. That the Director of Indenture; that release of such Finance shall cause a written notice Section 4. That this ordinance is land is necessary in order to serve of the adoption of this resolution to hereby declared to be an emergency the public purpose of providing be served upon the owner, agent of measure and, provided it receives public utilities; and that certain the owner, of each parcel of land the affirmative vote of two-thirds of public improvements will be con- abutting upon the sidewalk, drive- structed on the land to be released, all the members elected to Council, way apron, curb, gutter, and/or cast- it shall take effect and be in force including public utilities. ing to be layed or re-layed or Section 8. That the Director of immediately upon its passage and repaired. In the manner provided by Port Control is authorized to apply approval by the Mayor; otherwise it law for the service of summons in to the Chase Manhattan Trust Com- shall take effect and be in force civil actions and in accordance with pany, National Association, as suc- from and after the earliest period Section 164 of the City Charter of cessor trustee, for release of the allowed by law. the City of Cleveland. A copy of the land described above, pursuant to Passed July 18, 2001. notice, with the time and manner of the Indenture. Awaiting the approval or disap- service endorsed thereon, signed by Section 4. That existing Section 7 proval of the Mayor. the person serving it shall be of Ordinance No. 1267-01, passed returned to the office of the Direc- June 19, 2001, is hereby renumbered tor of Finance and there filed and to new “Section 9”. Ord. No. 1409-01. preserved. The said notice shall also Section 5. That this ordinance is By Councilman Westbrook. provide that: if the sidewalk, dri- hereby declared to be an emergency An emergency ordinance to amend veway apron, curb, gutter, and/or measure and, provided it receives Sections 1 and 2 of Resolution No. casting are not layed, re-layed or the affirmative vote of two-thirds of 140-01, passed May 14, 2001, relating repaired by the abutting owner, in all the members elected to Council, to the laying, re-laying and repair- accordance with the notice, within it shall take effect and be in force ing of sidewalks, driveway aprons, fifteen (15) days from service of immediately upon its passage and curbs, gutters and/or castings on notice or completion of the publica- approval by the Mayor; otherwise it certain streets and any associated tion thereof, the City will proceed, shall take effect and be in force corner properties herein named in through the appropriate department, from and after the earliest period the City of Cleveland. to lay, re-lay or repair such side- allowed by law. Whereas, this ordinance consti- walk, driveway apron, curb, gutter, Passed July 18, 2001. tutes an emergency measure provid- and/or casting, including adjust- Awaiting the approval or disap- ing for the usual daily operation of ments of utility boxes, where neces- proval of the Mayor. a municipal department; now, there- sary at the cost and expense of the fore, owner of the property in front of Be it ordained by the Council of which the same is layed, re-layed, Ord. No. 1408-01. the City of Cleveland: repaired; and the cost and expense By Councilman Sweeney. Section 1. That Sections 1 and 2 of thereof, unless paid to the Director An emergency ordinance authoriz- Resolution No. 140-01, passed May 14, of Finance, will be assessed against ing the Commissioner of Purchases 2001, are hereby amended to read, the abutting property, and collected and Supplies to sell City-owned prop- respectively, as follows: in the same manner as other assess- erty no longer needed for public use Section 1. That it is necessary to ments, as provided in Section 165 of located at 12712 Longmead Avenue lay, re-lay and repair sidewalks, dri- the Charter of the City of Cleveland. to Bellaire-Puritas Development Cor- veway aprons, curbs, gutters and/or Section 2. That existing Sections 1 poration as to Parcel “A” and Happy castings, including adjustments of and 2 of Resolution No. 140-01, Times Day Care and Nursery School, utility boxes, where necessary, in passed May 14, 2001 are hereby Inc. as to Parcel “B” for the devel- the City of Cleveland on the fol- repealed. opment of housing and a child care lowing streets, at the locations here- Section 3. That this ordinance is facility. inafter named and between the hereby declared to be an emergency 1789 124 The City Record July 25, 2001 measure and, provided it receives P. P. No. 133-25-048 Ohio, and known as being a part of the affirmative vote of two-thirds of Situated in the City of Cleveland, Sublot Nos, 6 and 7 in Carter Heir’s all the members elected to Council, County of Cuyahoga and State of Subdivision of part of Original One it shall take effect and be in force Ohio, and known and bounded and Hundred Acre Lot No. 456, in said immediately upon its passage and described as follow, to-wit: City, and bounded and described as approval by the Mayor; otherwise it And known as being Sublot No. 60 follows: shall take effect and be in force in Carter Heirs Allotment of part of Beginning on the North line of from and after the earliest period Original One Hundred Acre Lot No. Way Avenue, S.E. (formerly Way allowed by law. 456, as shown by the recorded plat Street), 29 feet 4 inches West from Passed July 18, 2001. in Volume 7 of Maps, Page 20 of the Easterly line of Sublot No. 6; Awaiting the approval or disap- Cuyahoga County Records and thence West in the North line of proval of the Mayor. being 44 feet front on the Southerly Way Avenue, S.E. 29 feet 4 inches; side of Way Avenue (formerly Ward thence North 120 feet to the North Street) and extending back of equal line of said Sublot No. 7; thence East Ord. No. 1410-01. width 120 feet, as appears by said on said line 29 feet 4 inches; thence By Councilmen White, Jackson, plat, be the same more or less, but South 120 feet to the place of begin- Cimperman and Patmon (by depart- subject to all legal highways. ning as per plat of said Subdivision mental request). Section 5. That pursuant to Sec- recorded in Volume 7 of Maps, Page An emergency ordinance authoriz- tion 183.021 of the Codified Ordi- 20 of Cuyahoga County Records, be ing the sale of real property as part nances of Cleveland, Ohio 1976, the the same more or less, but subject of the Land Reutilization Program Commissioner of Purchases and Sup- to all legal highways. and located on Cambridge and Way plies is hereby authorized to sell Section 11. That all documents Avenues to The Garland Company, Permanent Parcel No. 133-25-049 as necessary to complete the con- Inc. more fully described below, to The veyance authorized by this ordi- Whereas, the City of Cleveland Garland Company, Inc. nance shall be executed within six adopted and implemented proce- Section 6. That the real property (6) months of the effective date of dures under Chapter 5722 of the to be sold pursuant to this Ordi- this ordinance. If all of the docu- nance is more fully described as fol- Ohio Revised Code to facilitate ments are not executed within six lows: reutilization of nonproductive lands (6) months of the effective date of this ordinance, or such additional situated within the City of Cleve- P. P. No. 133-25-049 land; and time as may be granted by the Situated in the City of Cleveland, Director of Community Develop- Whereas, real property acquired County of Cuyahoga and State of ment, this ordinance shall be under the City’s Land Reutilization Ohio, and known as being Sublot repealed and shall be of no further Program is acquired, held, adminis- No. 61 in the Carter Heirs Allotment force or effect. tered and disposed of by the City of of part of Original One Hundred Section 12. That the consideration Cleveland through its Department of Acre Lot No. 456, as shown by the for the subject parcel shall be estab- Community Development under the recorded plat in Volume 7 of Maps, lished by the Board of Control and terms of Chapter 5722 of the Ohio Page 20 of Cuyahoga County shall be not less than Fair Market Revised Code and Section 183.021 of Records, and being 44 feet front on Value taking into account such Codified Ordinances of the City of the Southerly side of Way Avenue, terms and conditions, restrictions Cleveland, 1976; and S.E., and extending back between and covenants as are deemed nec- Whereas, this ordinance consti- parallel lines, 120 feet deep, as essary or appropriate. tutes an emergency measure provid- appears by said plat, be the same Section 13. That the conveyance ing for the usual daily operation of more or less, but subject to all legal authorized hereby shall be made by a municipal department; now, there- h i g h w a y s . official deed prepared by the Direc- fore, Also subject to zoning ordinances, tor of Law and executed by the Be it ordained by the Council of if any. Mayor on behalf of the City of the City of Cleveland: Section 7. That pursuant to Sec- Cleveland. The deed shall contain Section 1. That pursuant to Sec- tion 183.021 of the Codified Ordi- such provisions as may be necessary tion 183.021 of the Codified Ordi- nances of Cleveland, Ohio 1976, the to protect and benefit the public nances of Cleveland, Ohio, 1976, the Commissioner of Purchases and Sup- interest including such restrictive Commissioner of Purchases and Sup- plies is hereby authorized to sell covenants and reversionary inter- plies is hereby authorized to sell Permanent Parcel No. 133-25-050 as ests as may be specified by the Permanent Parcel No. 133-25-006 as more fully described below, to The Board of Control, the Director of more fully described below, to The Garland Company, Inc. Community Development or the Garland Company, Inc. Section 8. That the real property Director of Law. Section 2. That the real property to be sold pursuant to this Ordi- Section 14. That this ordinance is to be sold pursuant to Section 1 of nance is more fully described as fol- hereby declared to be an emergency this Ordinance is more fully lows: measure and, provided it receives described as follows: the affirmative vote of two-thirds of P. P. No. 133-25-050 all the members elected to Council, P. P. No. 133-25-006 Situated in the City of Cleveland, it shall take effect and be in force Situated in the City of Cleveland, County of Cuyahoga and State of immediately upon its passage and County of Cuyahoga and State of Ohio, and known as being Sublot No. approval by the Mayor; otherwise it Ohio, and known as being Sublot 62 in Alonzo Carter’s Allotment of shall take effect and be in force Nos. 15 and 16 in Edwin Carter’s Sub- part of Original One Hundred Acre from and after the earliest period division of part of Original One Lot No. 456, as shown by the record- allowed by law. Hundred Acre Lot No. 448 as shown ed plat in Volume 7 of Maps, Page Passed July 18, 2001. 20 of Cuyahoga County Records, and by the recorded plat in Volume 7 of Awaiting the approval or disap- being 44 feet front on the Southerly Maps, Page 14 of Cuyahoga County proval of the Mayor. side of Way Avenue, S.E., and Records, and together forming a par- extending back of equal width 120 cel of land having a frontage of 76 feet, as appears by said plat, be the feet on the Southerly side of Cam- same more or less, but subject to all COUNCIL COMMITTEE bridge Avenue, S.E., (formerly Carter legal highways. MEETINGS Avenue), and extending back of Also subject to all zoning ordi- equal width 120 feet, as appears by nances, if any. said plat, be the same more or less, Section 9. That pursuant to Sec- Wednesday, July 18, 2001 but subject to all legal highways. tion 183.021 of the Codified Ordi- Subject to zoning ordinances, if nances of Cleveland, Ohio 1976, the City Planning Committee: 9:30 a.m. any. Commissioner of Purchases and Sup- — Present: Cimperman, Chairman; Section 3. That pursuant to Sec- plies is hereby authorized to sell Rybka, Vice Chairman; Dolan, tion 183.021 of the Codified Ordi- Permanent Parcel No. 133-25-056 as O’Malley, Reed. Excused: Jackson, nances of Cleveland, Ohio 1976, the more fully described below, to The White. Commissioner of Purchases and Sup- Garland Company, Inc. plies is hereby authorized to sell Section 10. That the real property Committee of the Whole: 10:00 a.m. Permanent Parcel No. 133-25-048 as to be sold pursuant to this Ordi- — Present: Polensek, Chairman; more fully described below, to The nance is more fully described as fol- Brady, Britt, Cimperman, Cintron, Garland Company, Inc. lows: Coats, Dolan, Gordon, Jackson, Section 4. That the real property Jones, Lewis, Melena, O’Malley, Pat- to be sold pursuant to this Ordi- P. P. No. 133-25-056 mon, Reed, Rybka, Sweeney, West- nance is more fully described as fol- Situated in the City of Cleveland, brook, White, Willis. Excused: John- lows: County of Cuyahoga and State of son. 1790 July 25, 2001 The City Record 125 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

Adelphia

Adelphia/Cleveland City Council Neighborhood Technology Fund — appointments — Cleveland Foundation (F 1277-01) ...... 1670

Agreements

A Cultural Exchange — The Read, Baby, Read, Book Club — Neighborhood Equity Funds (Ward 19) Community Development Dept. (O 1337-01) ...... 1672

Banners

Archwood Denison Concerned Citizens — permit (Ward 15) (O 1386-01) ...... 1690-1780 Cleveland Church of Christ — permit (Ward 8) (O 1396-01)...... 1694-1485 East End Neighborhood House — community festival — permit (Ward 4) (O 1391-01) ...... 1693-1783 Euclid/St. Clair Local Development Corp. — Ward 10 Community Festival — permit (O 1384-01) ...... 1689-1779 Holiday Wreaths — Westown Community Development Corp. — permit (Wards 19 & 20) (O 1369-01) ...... 1684-1774 Little Italy 2000 Development Corporation — permit (Ward 6) (O 1372-01) ...... 1685-1776 Lumpkin, Larry / Glenville Community’s Youth Opportunity Center — identify location - permit (Ward 8) (O 1397-01) ...... 1695-1485 Mayor’s Night Out Against Crime — permit (Ward 6) (O 1371-01) ...... 1685-1775 Mega Kids Care Center — banner — permit (Ward 14) (O 1383-01) ...... 1689-1779 Mega Kids Kare Center — banners — permit (Ward 14) (O 1379-01)...... 1687-1777 MetroHealth Clement Center — permit (Ward 6) (O 1374-01) ...... 1686-1776 MetroHealth System — National Rehabilitation Awareness Celebration — permit (Ward 14) (O 1380-01) ...... 1687-1778

Bellaire Puritas Development Corporation

Longmead Ave., 12712 — to Bellaire-Puritas Development Corp. & Happy Times Day Care (O 1408-01) ...... 1699-1789

Board of Building Standards and Building Appeals

Bellflower Road, 11234, (Ward 9) — Case Western Reserve University (Diveley Building), owner — appeal adopted on 07/18/01 (Doc. A-100-01) ...... 1725 Broadale Avenue, 4406, (Ward 15) — Rodney D. Minnick, owner — appeal resolved on 07/18/01 (Doc. A-104-01) ...... 1724 Bucyrus Avenue, 4207, (Ward 16) — Dave Wiemels, owner — appeal resolved on 07/18/01 (Doc. A-108-01) ...... 1724 Courtland Court, 5410, (Ward 17) — William McBride, owner — appeal resolved on 07/18/01 (Doc. A-63-01) ...... 1723 East 112th Street, 519, (Ward 9) — Angela A. Johnson, owner — appeal adopted on 07/18/01 (Doc. A-69-01) ...... 1725 East 140th Street, 485, (Ward 10) — Janet Adelman, owner — appeal withdrawn on 07/18/01 (Doc. A-54-01) ...... 1723 East 65th Street, 3210, (a.k.a. 3210-30 East 65th Street), (Ward 12) — Douglas Link / Richard Berg, owners — appeal resolved on 07/18/01 (Doc. A-66-01) ...... 1724 East 66th Street, 1921, (Ward 7) — Kenneth Hardy, owner — appeal adopted on 07/18/01 (Doc. A-102-01) ...... 1725 Eddy Road, 830, (Ward 9) — Thurman and Andrea Artis, owners — appeal adopted on 07/18/01 (Doc. A-65-01) ...... 1725 Elm Street, 2510, (Ward 13) — Dean Salivaras (Mirage On The Water Inc.), owner — appeal postponed to 08/15/01 on 07/18/01 (Doc. A-82-01) ...... 1724 Farhood, Philip — appeal resolved on 07/18/01 (Doc. L-15-01)...... 1723 Franklin Avenue, 6100, (Ward 17) — Traditional Design & Development, owner — appeal adopted on 07/18/01 (Doc. A-99-01) ...... 1725 1791 126 The City Record July 25, 2001

Freeman, Roger — appeal resolved on 07/18/01 (Doc. L-11-01) ...... 1722 Kinsman Road, 14887, (Ward 3) — Jacques Oliver Grant, owner — appeal adopted on 07/18/01 (Doc. A-50-01) ...... 1725 Lakeshore Boulevard, 18323, (Ward 11) — Gene and Roberta Stump, owners — appeal amended and adopted on 07/18/01 (Doc. A-59-01) ...... 1725 Literary Road, 519, (Ward 13) — Tremont Ridge Phase I Limited Partnership, owner — appeal resolved on 07/18/01 (Doc. A-91-01)...... 1724 Mooneyham, Charles — appeal adopted on 07/18/01 (Doc. L-8-01) ...... 1725 Niton, Timothy R. — appeal adopted on 07/18/01 (Doc. L-12-01) ...... 1725 Old River Road, 1078, (a.k.a. 1068-78 Old River Road), (Ward 13) — 1078 Old River Road, Ltd. / Isabella Basile, a.k.a. Chesler (The Basement) — appeal amended and adopted on 07/18/01 (Doc. A-101-01) ...... 1725 Pearl Road, 4635, (a.k.a. 4635 West 25th Street), (Ward 16) — Plaza Automotive c/o Jeanna Lewis, owner — no action on 07/18/01 (Doc. A-60-01) ...... 1723 Prospect Avenue, 1213, (Ward 13) — S. Rose Inc., owner — no action on 07/18/01 (Doc. A-41-01) ...... 1723 Ross, John J. — appeal adopted on 07/18/01 (Doc. L-10-01) ...... 1725 Shaker Boulevard, 12931, (Ward 4) — Capital Properties Management Co., owner — appeal adopted on 07/18/01 (Doc. A-71-00) ...... 1725 South Ridge Drive, 319, (Ward 15) — George Kenny, owner — appeal resolved on 07/18/01 (Doc. A-105-01) ...... 1724 St. Clair Avenue, 16569, (Ward 11) — Aldo Calabrese, owner — appeal resolved on 07/18/01 (Doc. A-61-01) ...... 1723 Wakeley, Fred J. — appeal resolved on 07/18/01 (Doc. L-14-01) ...... 1723 Walter, Gary A. — appeal resolved on 07/18/01 (Doc. L-13-01)...... 1723 West 17th Place, 3132, (Ward 14) — William McBride, owner — appeal resolved on 07/18/01 (Doc. A-64-01) ...... 1724 West 25th Street, 1791-95, (Ward 14) — Cuyahoga Metropolitan Housing Authority (Riverview Towers), owner — appeal withdrawn on 07/18/01 (Doc. A-68-01)...... 1724 West 46th Street, 3209, (a.k.a. 3209-11 West 46th Street), (Ward 14) — William McBride, owner — appeal resolved on 07/18/01 (Doc. A-57-01)...... 1723 West 46th Street, 3211, (Ward 14) — William McBride, owner — appeal resolved on 07/18/01 (Doc. A-62-01) ...... 1723 West 6th Street, 1229, (a.k.a. 1221-29 West 6th Street), (Ward 13) — Weston Inc. (owner), Dan D’Agostino of CRV, Inc. d.b.a. Groovie Little Night Club (tenant), owner — no action on 07/18/01 (Doc. A-58-01)...... 1723 West 6th Street, 1296, (Ward 13) — James Kassouf, owner — appeal resolved on 07/18/01 (Doc. A-107-01) ...... 1724 West St. Clair Avenue, 959, (Ward 13) — Reliance Mechanical Corporation c/o Bill Neiheiser, owner — appeal resolved on 07/18/01 (Doc. A-111-01) ...... 1725

Board of Control — Cleveland Hopkins International Airport Division

Erosion and sediment control services — contract pursuant to Ord. 1119-01 to Solar Testing Laboratories, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 455-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, General Construction (Contract A-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 457-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, General Construction (Contract B-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 459-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, HVAC/Electrical Construction (Contract A-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 456-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, HVAC/Electrical Construction (Contract B-01) — contract pursuant to Ord. 930-95 and 469-98 to Gene’s Refrigeration — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 458-01) ...... 1718 West Hangar Road improvements — pursuant to Ord. 552-2000 and 1234-2000 — all bids rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 469-01) ...... 1720 1792 July 25, 2001 The City Record 127

Board of Control — Cleveland Public Power Division

Pole replacement — pursuant to Ord. 1387-2000 — all bids rejected — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 446-01) ...... 1716

Board of Control — Community Development Department

Boys and Girls Club of Cleveland — various parcels (Ward 12) pursuant to Ord. 1165-01 (BOC Res. 466-01) ...... 1720 Detroit Shoreway Community Development Organization — various parcels (Ward 17) pursuant to Ord. 1261-01 (BOC Res. 463-01) ...... 1719 East 174th Street (Ward 1) — PPN 143-17-080/081/082 — to Amistad Development Corporation pursuant to Ord. 1036-01 (BOC Res. 467-01) ...... 1720 East 90th Street (Ward 6) — PPN 119-07-051/052 — to Orca House, Inc. pursuant to Ord. 704-01 (BOC Res. 465-01) ...... 1720 Superior Avenue (Ward 9) — PPN 109-24-020/021 — to Refreshing Spring Baptist Ministries Church pursuant to Ord. 1010-2000 (BOC Res. 464-01) ...... 1719 Union Avenue, 9113 (Ward 5) — PPN 127-14-010 — to Center for Families and Children pursuant to Ord. 828-01 (BOC Res. 468-01) ...... 1720

Board of Control — CSX Corporation

Noise wall barriers and landscaping near CSX and Norfolk Southern railroad lines, design of — modify Contract #55201 pursuant to BOC Res. 381-99 — Dept. of Public Service (BOC Res. 460-01) ...... 1718

Board of Control — Easements

Easement rights and lease of City property on West 3rd Street — pursuant to Ord. 736-01 to F.C. Southridge Corporation (BOC Res. 470-01) ...... 1720

Board of Control — Finance Department

Insurance, property damage and earnings — amend Contract #52881 pursuant to BOC Res. 30-98 — Arkwright Mutual Insurance Company to Factory Mutual Insurance Company — Dept. of Port Control (BOC Res. 454-01)...... 1717

Board of Control — Land Reutilization Program

Boys and Girls Club of Cleveland — various parcels (Ward 12) pursuant to Ord. 1165-01 (BOC Res. 466-01) ...... 1720 Detroit Shoreway Community Development Organization — various parcels (Ward 17) pursuant to Ord. 1261-01 (BOC Res. 463-01) ...... 1719 East 174th Street (Ward 1) — PPN 143-17-080/081/082 — to Amistad Development Corporation pursuant to Ord. 1036-01 (BOC Res. 467-01) ...... 1720 East 90th Street (Ward 6) — PPN 119-07-051/052 — to Orca House, Inc. pursuant to Ord. 704-01 (BOC Res. 465-01) ...... 1720 Superior Avenue (Ward 9) — PPN 109-24-020/021 — to Refreshing Spring Baptist Ministries Church pursuant to Ord. 1010-2000 (BOC Res. 464-01) ...... 1719 Union Avenue, 9113 (Ward 5) — PPN 127-14-010 — to Center for Families and Children pursuant to Ord. 828-01 (BOC Res. 468-01) ...... 1720

Board of Control — Land Reutilization Program (Ward 1)

East 174th Street (Ward 1) — PPN 143-17-080/081/082 — to Amistad Development Corporation pursuant to Ord. 1036-01 (BOC Res. 467-01) ...... 1720

Board of Control — Land Reutilization Program (Ward 5)

Union Avenue, 9113 (Ward 5) — PPN 127-14-010 — to Center for Families and Children pursuant to Ord. 828-01 (BOC Res. 468-01) ...... 1720

Board of Control — Land Reutilization Program (Ward 6)

East 90th Street (Ward 6) — PPN 119-07-051/052 — to Orca House, Inc. pursuant to Ord. 704-01 (BOC Res. 465-01) ...... 1720 1793 128 The City Record July 25, 2001

Board of Control — Land Reutilization Program (Ward 9)

Superior Avenue (Ward 9) — PPN 109-24-020/021 — to Refreshing Spring Baptist Ministries Church pursuant to Ord. 1010-2000 (BOC Res. 464-01) ...... 1719

Board of Control — Land Reutilization Program (Ward 12)

Boys and Girls Club of Cleveland — various parcels (Ward 12) pursuant to Ord. 1165-01 (BOC Res. 466-01) ...... 1720

Board of Control — Land Reutilization Program (Ward 17)

Detroit Shoreway Community Development Organization — various parcels (Ward 17) pursuant to Ord. 1261-01 (BOC Res. 463-01) ...... 1719

Board of Control — Leases

Easement rights and lease of City property on West 3rd Street — pursuant to Ord. 736-01 to F.C. Southridge Corporation (BOC Res. 470-01) ...... 1720

Board of Control — Norfolk Southern Corporation

Noise wall barriers and landscaping near CSX and Norfolk Southern railroad lines, design of — modify Contract #55201 pursuant to BOC Res. 381-99 — Dept. of Public Service (BOC Res. 460-01) ...... 1718

Board of Control — Police Division

Scales, truck load — contract pursuant to Ord. 1005-2000 to Loadometer Corporation — Division of Police, Dept. of Public Safety (BOC Res. 462-01)...... 1719

Board of Control — Port Control Department

Erosion and sediment control services — contract pursuant to Ord. 1119-01 to Solar Testing Laboratories, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 455-01) ...... 1718 Insurance, property damage and earnings — amend Contract #52881 pursuant to BOC Res. 30-98 — Arkwright Mutual Insurance Company to Factory Mutual Insurance Company — Dept. of Port Control (BOC Res. 454-01)...... 1717 Residential Sound Insulation Program, Phase 2 Continuation, General Construction (Contract A-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 457-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, General Construction (Contract B-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 459-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, HVAC/Electrical Construction (Contract A-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 456-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, HVAC/Electrical Construction (Contract B-01) — contract pursuant to Ord. 930-95 and 469-98 to Gene’s Refrigeration — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 458-01) ...... 1718 West Hangar Road improvements — pursuant to Ord. 552-2000 and 1234-2000 — all bids rejected — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 469-01) ...... 1720

Board of Control — Professional Service Contracts

Erosion and sediment control services — contract pursuant to Ord. 1119-01 to Solar Testing Laboratories, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 455-01) ...... 1718 Noise wall barriers and landscaping near CSX and Norfolk Southern railroad lines, design of — modify Contract #55201 pursuant to BOC Res. 381-99 — Dept. of Public Service (BOC Res. 460-01) ...... 1718 1794 July 25, 2001 The City Record 129

Board of Control — Public Improvement Contracts

Pavement grinding — contract pursuant to Ord. 1681-2000 to Kenmore Construction Company — Division of Streets, Dept. of Public Service (BOC Res. 461-01) ...... 1719 Residential Sound Insulation Program, Phase 2 Continuation, General Construction (Contract A-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 457-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, General Construction (Contract B-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 459-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, HVAC/Electrical Construction (Contract A-01) — contract pursuant to Ord. 930-95 and 469-98 to S & L Specialty Contracting, Inc. — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 456-01) ...... 1718 Residential Sound Insulation Program, Phase 2 Continuation, HVAC/Electrical Construction (Contract B-01) — contract pursuant to Ord. 930-95 and 469-98 to Gene’s Refrigeration — Division of Cleveland Hopkins International Airport, Dept. of Port Control (BOC Res. 458-01) ...... 1718

Board of Control — Public Safety Department

Scales, truck load — contract pursuant to Ord. 1005-2000 to Loadometer Corporation — Division of Police, Dept. of Public Safety (BOC Res. 462-01)...... 1719

Board of Control — Public Service Department

Easement rights and lease of City property on West 3rd Street — pursuant to Ord. 736-01 to F.C. Southridge Corporation (BOC Res. 470-01) ...... 1720 Noise wall barriers and landscaping near CSX and Norfolk Southern railroad lines, design of — modify Contract #55201 pursuant to BOC Res. 381-99 — Dept. of Public Service (BOC Res. 460-01) ...... 1718 Pavement grinding — contract pursuant to Ord. 1681-2000 to Kenmore Construction Company — Division of Streets, Dept. of Public Service (BOC Res. 461-01) ...... 1719

Board of Control — Public Utilities Department

Corrosion control chemicals — pursuant to C.O. Sec. 129.24 — all bids rejected — Division of Water, Dept. of Public Utilities (BOC Res. 447-01) ...... 1716 Fencing — pursuant to Ord. 1958-2000 — all bids rejected — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 445-01)...... 1716 Pole replacement — pursuant to Ord. 1387-2000 — all bids rejected — Division of Cleveland Public Power, Dept. of Public Utilities (BOC Res. 446-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to East Jordan Iron Works, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 448-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Hughes Supply, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 449-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to U.S. Filter Distribution Group — Division of Water, Dept. of Public Utilities (BOC Res. 450-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Woodhill Supply, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 451-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to J.F. Good Company - Division of Water, Dept. of Public Utilities (BOC Res. 452-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Richmond Valve & Pipe Co., Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 453-01) ...... 1717

Board of Control — Requirement Contracts

Scales, truck load — contract pursuant to Ord. 1005-2000 to Loadometer Corporation — Division of Police, Dept. of Public Safety (BOC Res. 462-01)...... 1719 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to East Jordan Iron Works, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 448-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Hughes Supply, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 449-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to U.S. Filter Distribution Group — Division of Water, Dept. of Public Utilities (BOC Res. 450-01) ...... 1717 1795 130 The City Record July 25, 2001

Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Woodhill Supply, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 451-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to J.F. Good Company - Division of Water, Dept. of Public Utilities (BOC Res. 452-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Richmond Valve & Pipe Co., Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 453-01) ...... 1717

Board of Control — Standard Purchase Contracts

Insurance, property damage and earnings — amend Contract #52881 pursuant to BOC Res. 30-98 — Arkwright Mutual Insurance Company to Factory Mutual Insurance Company — Dept. of Port Control (BOC Res. 454-01)...... 1717

Board of Control — Streets Division

Pavement grinding — contract pursuant to Ord. 1681-2000 to Kenmore Construction Company — Division of Streets, Dept. of Public Service (BOC Res. 461-01) ...... 1719

Board of Control — Water Division

Corrosion control chemicals — pursuant to C.O. Sec. 129.24 — all bids rejected — Division of Water, Dept. of Public Utilities (BOC Res. 447-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to East Jordan Iron Works, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 448-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Hughes Supply, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 449-01) ...... 1716 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to U.S. Filter Distribution Group — Division of Water, Dept. of Public Utilities (BOC Res. 450-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Woodhill Supply, Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 451-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to J.F. Good Company - Division of Water, Dept. of Public Utilities (BOC Res. 452-01) ...... 1717 Valves and appurtenances — contract pursuant to C.O. Sec. 129.25 to Richmond Valve & Pipe Co., Inc. — Division of Water, Dept. of Public Utilities (BOC Res. 453-01) ...... 1717

Board of Control — Water Pollution Control Division

Fencing — pursuant to Ord. 1958-2000 — all bids rejected — Division of Water Pollution Control, Dept. of Public Utilities (BOC Res. 445-01)...... 1716

Board of Zoning Appeals — Report

Bucyrus Avenue, 4406, (Ward 16) — Jeff and Rachel Vargo, owners — appeal granted and adopted on 7/23/01 (Cal. 01-137) ...... 1722 Clifford Avenue, 13702, (Ward 20) — Joe and Carey Collins, owners — appeal granted and adopted on 7/23/01 (Cal. 01-134) ...... 1722 Denison Avenue, 6918, (Ward 17) — Terry W. Chesbro, owner and Waidi Iwais, tenant — appeal dismissed on 7/23/01 (Cal. 01-122) ...... 1722 East 116th Street, 3075, (Ward 3) — Morelight Missionary Baptist Church, owner c/o Pastor William Rutledge — appeal heard on 07/23/01 (Cal. 01-133) ...... 1722 East 116th Street, 3896-3900, (Ward 2) — Mary Fisco, owner — appeal heard on 07/23/01 (Cal. 01-129) ...... 1722 East 159th Street, 705-707, (Ward 11) — Courts of Praise, Inc., owner c/o Pastor David Mathis, agent — appeal postponed to 8/6/01 on 07/23/01 (Cal. 01-131) ...... 1722 East 59th Street, 3712, (Ward 12) — Divna Cosas, owner, and Horodysky Associates, agent — appeal heard on 7/23/01 (Cal. 01-44) ...... 1722 Larchmere Boulevard, 12704, (Ward 6) — Heide Rivchun, owner — appeal granted and adopted on 7/23/01 (Cal. 01-115) ...... 1722 Mayfield Road, 12510, (Ward 6) — Alta Social Settlement House, owner c/o Paul Volpe — appeal heard on 7/23/01 (Cal. 01-154 to 01-161 ) ...... 1722 North Road, 12620, (Ward 19) — Michael Wolf, owner — appeal heard on 07/23/01 (Cal. 01-130) ...... 1722 Olivet Avenue, 10938, (Ward 8) — New Fellowship Baptist Church, owner c/o Reverend Frederick Knuckles — appeal granted and adopted on 7/23/01 (Cal. 01-140) ...... 1722 Parkwood Avenue, 1230, (Ward 8) — New Fellowship Baptist Church, owner c/o Reverend Frederick Knuckles — appeal granted and adopted on 7/23/01 (Cal. 01-141) ...... 1722 1796 July 25, 2001 The City Record 131

St. Clair Avenue, 13919-13921, (Ward 10) — Lawrence Hunt, owner — appeal granted and adopted on 7/23/01 (Cal. 00-300) ...... 1722 Trafalgar Avenue, 16215, (Ward 11) — Yolanda Harris, owner — appeal heard on 7/23/01 (Cal. 01-117) ...... 1722 West 25th Street, 3245, (Ward 14) — J.N.C.C., Inc. d.b.a. Monroe’s owner c/o Kenneth Seminatore, agent — appeal heard on 07/23/01 (Cal. 01-132) ...... 1722

Board of Zoning Appeals — Schedule

Bellaire Road, 13011, (Ward 20) — Robert Madden, owner, d.b.a. K & M Towing & Automotive — appeal to be heard on 8/6/01 (Cal. 01-147)...... 1721 Bridge Avenue, 3000, (Ward 14) — West Side Community House, owner, and John Rakauskas, agent — appeal to be heard on 8/6/01 (Cal. 01-146) ...... 1721 Broadway Avenue, 7050, (Ward 12) — Broadway Elderly Housing LLC, owner and NRP Group and Chris Auvil, agent — appeal to be heard on 8/6/01 (Cal. 01-148)...... 1721 East 185th Street, 791, (Ward 11) — Irene Pasalaqua, owner and Tom Meraglio, tenant — appeal to be heard on 8/6/01 (Cal. 01-142)...... 1721 Miles Avenue, 13530, (Ward 2) — Marvin Butler, owner — appeal to be heard on 8/6/01 (Cal. 01-144) ...... 1721 Quebec Avenue, 9507, (Ward 6) — Anita Turner, owner — appeal to be heard on 8/6/01 (Cal. 01-145) ...... 1721 West 32nd Street, 4774, (Ward 16) — Shayne M. Shella, owner — appeal to be heard on 8/6/01 (Cal. 01-143)...... 1721 West 45th Street, 1872, (Ward 14) — Gail Spurgeon, owner — appeal to be heard on 8/6/01 (Cal. 01-150) ...... 1722

Bonds

Bond expenses, services and legal opinions — amend Code Section 177.10 (O 922-01) ...... 1711-1755

Bounty Hunters

Bounty hunters — renumber Code Chapter 687; amend/add various Code Sections (O 1338-01) ...... 1672

Boys and Girls Clubs of Greater Cleveland

Broadway Ave. facility — grant agreement — Community Development Dept. (O 1348-01) ...... 1677 Positive Place for Kids Program — Ward 12 Neighborhood Equity Funds (O 1241-01) ...... 1715-1774 Recreational Programs — agreement — amend O.100-01 — Neighborhood Equity Funds (Wards 2 and 3) (O 1406-01) ...... 1698-1788

Burke Lakefront Airport

Museum of Transportation and Industry — construct — lease — Western Reserve Historical Society (O 1760-2000) ...... 1708-1743

Cable Television

Funds — expand use of funds — amend O.1729-2000 (O 1401-01) ...... 1697-1787

City Council

Adelphia/Cleveland City Council Neighborhood Technology Fund — appointments — Cleveland Foundation (F 1277-01) ...... 1670 City Record — labor and materials to publish and distribute (O 1402-01) ...... 1697-1787 Internet access — labor and materials to service and maintain (O 1403-01)...... 1697-1787

City of Cleveland Bids

Aluminum sulfate and aluminum sulfate-polyelectrolyte blend coagulants — Department of Public Utilities — Division of Water — per C.O. Sec. 129.24 — bid due August 9, 2001(advertised 7/25/2001 and 8/1/2001) ...... 1726 Cab / chassis with digger / derrick — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 1685-2000 and 99-01 — bid due August 3, 2001(advertised 7/18/2001 and 7/25/2001) ...... 1726 1797 132 The City Record July 25, 2001

Chrysler parts and labor — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 359-01 — bid due August 3, 2001 (advertised 7/18/2001 and 7/25/2001)...... 1726 Cleveland Memorial Gardens improvements — Department of Parks, Recreation and Properties — Division of Research, Planning and Development — per Ord. 1404-2000 — bid due August 1, 2001(advertised 7/18/2001 and 7/25/2001) ...... 1725 Dump bodies with back-off cab — Department of Public Service — Division of Motor Vehicle Maintenance — per Ord. 1685-2000 and 99-01 — bid due August 9, 2001 (advertised 7/25/2001 and 8/1/2001)...... 1726 Furniture, office — Department of Public Safety — Division of Police — bid due August 3, 2001(advertised 7/18/2001 and 7/25/2001) ...... 1726 Horse trailers — Department of Public Safety — Division of Police — per Ord. 1656-99 — bid due August 8, 2001(advertised 7/25/2001 and 8/1/2001) ...... 1726 Hoses, nozzles, fittings and adapters — Department of Public Safety — Division of Fire — per Ord. 927-2000 — bid due August 9, 2001(advertised 7/25/2001 and 8/1/2001) ...... 1726 Kadel Avenue sewer project — Department of Public Utilities — Division of Water Pollution Control — per Ord. 799-01 — bid due August 9, 2001 (advertised 7/25/2001 and 8/1/2001)...... 1726 Meters, large water — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due August 2, 2001 (advertised 7/18/2001 and 7/25/2001) ...... 1725 Naples Avenue sewer replacement — Department of Public Utilities — Division of Water Pollution Control — per Ord. 830-01 — bid due August 9, 2001 (advertised 7/25/2001 and 8/1/2001)...... 1726 Protozoa and biological analysis — Department of Public Utilities — Division of Water — per Ord. 485-96 — bid due August 15, 2001 (advertised 7/25/2001 and 8/1/2001) ...... 1726 Tree planting — Department of Parks, Recreation and Properties — Division of Park Maintenance and Properties — per Ord. 1078-01 — bid due August 15, 2001 (advertised 7/25/2001 and 8/1/2001)...... 1726 Trench water management services — Department of Port Control — Division of Cleveland Hopkins International Airport — per Ord. 1123-01 — bid due August 24, 2001(advertised 7/25/2001 and 8/1/2001) ...... 1726 Water meter parts — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due August 8, 2001 (advertised 7/25/2001 and 8/1/2001) ...... 1726 Water meter (small) — Department of Public Utilities — Division of Water — per C.O. Sec. 129.25 — bid due August 8, 2001 (advertised 7/25/2001 and 8/1/2001) ...... 1726

City Planning Commission

Bennington Avenue, 12602 — to Kenneth W. Gibson, Jr. — PPN 020-12-044 — Community Development Dept. (O 1364-01) ...... 1682 Community Reinvestment Area — Amend Sections 1 & 2/O.1776-A-90 and repeal O.1089-01 — Community Development Dept. (O 1341-01)...... 1673 Lake Shore Boulevard, N.E. — Change Use District (O 226-01) ...... 1715-1749 Municipal boundary line — adjustment — City of Cleveland & City of Brook Park — in accordance with Ohio Revised Code Section 709.37 (O 623-01) ...... 1711-1749 Pedestrian retail overlay district — new Code Section 343.23 (O 1020-01) ...... 1712-1757 St. Philip Christian Church — Landmark (O 1031-01) ...... 1712-1759 W. 57 St. and Bridge Ave. N.W. (Map Change No. 2035, Sheet No. 1) (O 1368-01) ...... 1683 W. 58th St., Aspen Court, N.W. and south of Side Ave., N.W. (Map Change No. 2034, Sheet No. 1) (O 1367-01) ...... 1683 W. 128th St. — change Use District (Map Change No. 2029, Sheet No. 13) (O 663-01)...... 1715-1751 Westport Ave., S.W. — vacate (O 851-01) ...... 1711-1755

City Record

City Record — labor and materials to publish and distribute — City Council (O 1402-01) ...... 1697-1787

Cleveland Foundation

Adelphia/Cleveland City Council Neighborhood Technology Fund — appointments — Cleveland Foundation (F 1277-01) ...... 1670 1798 July 25, 2001 The City Record 133

Cleveland Hopkins International Airport

Central Information Counter — construct — Port Control Dept. (O 1335-01) ...... 1671 Deicing services (O 1124-01)...... 1713-1767 Elevators, escalators and moving walkways — maintain (O 1009-01)...... 1712-1756 Environmental studies, remediation — regulatory compliance — expansion (O 1130-01) ...... 1714-1767 International Exposition Center — expansion / ownership — amend Sections 1 & 2 of O.2649-91 (O 624-01) ...... 1711-1750 Nortel PBX system — maintenance (O 1128-01) ...... 1713-1767 Telephone system — upgrade (O 1120-01) ...... 1713-1766

Cleveland Housing Network

Block Grant loan — housing rehabilitation & construction — Community Development Dept. (O 1347-01) ...... 1677 E. 73rd St. — purchase — PPN 118-24-092 & 093 — Land Reutilization Program (O 1388-01) ...... 1690-1780 Low income customer services — Divisions of Water (O 1142-01) ...... 1714-1768

Cleveland Metropolitan Park District

Environmental remediation services — Abrams Creek — relocation (O 1011-01) ...... 1712-1757

Cleveland Public Power

Bucket trucks — test, inspect and repair (O 1050-01) ...... 1713-1764 Cleveland Housing Network — low income customer services — Division of Water (O 1142-01) ...... 1714-1768 Printer consumables (O 1051-01) ...... 1713-1764 Transmission cable system — oil spill clean-up (O 1052-01) ...... 1713-1765

Cleveland Public Schools

Kenneth W. Clement School — classroom furniture — Neighborhood Equity Funds (Ward 10) Community Development Dept. (O 1340-01)...... 1673

Codified Ordinances

Bond expenses, services and legal opinions — amend Code Section 177.10 (O 922-01) ...... 1711-1755 Bounty hunters — renumber Code Chapter 687; amend/add various Code Sections (O 1338-01) ...... 1672 Cleveland Browns Stadium — accounting treatment — new Code Section 133.171 (O 1970-2000) ...... 1710-1746 Consumer Protection Code, Title III — new/amend various Code Sections (O 1345-01) ...... 1674 Correction Division — transfer from Health Dept. to Safety Dept. — supplement and repeal various Code Sections (O 1355-01) ...... 1679 Landlords and tenants — new Code Chapter 375 (O 1844-A-99) ...... 1708-1740 Pedestrian retail overlay district — new Code Sec. 343.23 (O 1020-01) ...... 1712-1757 Wards 8 & 9 — reapportion boundaries — amend Code Sections 103.08 and 103.09 (O 1399-01) ...... 1695-1485 Weapons, possessing certain at or about public places — amend Code Section 627-10 (O 1361-01) ...... 1681

Collinwood Community Services Center

Elderly Services program — Neighborhood Equity Funds (Ward 10) Community Development Dept. (O 1339-01) ...... 1672

Communications

Adelphia/Cleveland City Council Neighborhood Technology Fund — appointments — Cleveland Foundation (F 1277-01) ...... 1670 Amwest Surety Insurance Co. — Liquidation order, insolvency & injunction. (F 1276-01) ...... 1670 Callahan, Faye — appointment — Fair Campaign Finance Commission (F 1334-01) ...... 1671 1799 134 The City Record July 25, 2001

Cleveland Public Library — Annual Report, Year 2000 (F 1274-01) ...... 1670 Dominion Cleveland Chilled Water Distribution — Application — PUCO (F 1273-01) ...... 1670 Fire Boat — Mayor’s Veto letter — Ordinance No. 213-01 — Public Safety Dept. (O 213-01-A) ...... 1669-V Northeast Ohio Regional Sewer District — Annual Report (F 1275-01) ...... 1670

Community Development

A Cultural Exchange — after school literacy — Neighborhood Equity Funds (Wards 2 & 4) (O 1228-01) ...... 1715-1773 A Cultural Exchange — The Read, Baby, Read, Book Club — agreement — Neighborhood Equity Funds (Ward 19) (O 1337-01) ...... 1672 Bennington Avenue, 12602 — to Kenneth W. Gibson, Jr. — PPN 020-12-044 (O 1364-01) ...... 1682 Boys and Girls Club — Positive Place for Kids Program — Neighborhood Equity Funds (Ward 12) (O 1241-01) ...... 1715-1774 Boys and Girls Clubs of Cleveland — grant agreement (O 1348-01) ...... 1677 Cleveland Housing Network — Block Grant loan — housing rehabilitation & construction (O 1347-01) ...... 1677 Collinwood Community Services Center — elderly services program — Neighborhood Equity Funds (Ward 10) (O 1339-01) ...... 1672 Community Reinvestment Area — Amend Sections 1 & 2/O.1776-A-90 and repeal O.1089-01 — City Planning Commission (O 1341-01) ...... 1673 Famicos Foundation — Float Loans (O 1229-01) ...... 1715-1773 Funds, transfer of — amend O.896-01 (O 1398-01) ...... 1695-1485 Kamm’s Corner Development Corporation — amend Ord. No. 1737-2000 — Neighborhood Equity Funds (Ward 21) (O 1220-01) ...... 1715-1770 Kamm’s Corners Community Development Corp. — amend Contract No. 56705— Community Development Dept. (O 1350-01) ...... 1678 Kenneth W. Clement School — classroom furniture — Neighborhood Equity Funds (Ward 10) (O 1340-01) ...... 1673 Landlords and tenants — new Code Chapter 375 (O 1844-A-99) ...... 1708-1740 Longmead Ave., 12712 — to Bellaire-Puritas Development Corp. & Happy Times Day Care (O 1408-01) ...... 1699-1789 Memorial School Housing Project — Northeast Shores Development Corp. — Neighborhood Equity Funds (Ward 11) (O 1362-01) ...... 1682 Mixed-use development — creation (O 1024-01) ...... 1712-1758 Murtis H. Taylor Multi-Service Center — Ninth Annual African American Family Day Picnic — Neighborhood Equity Funds (Ward 3) (O 1239-01)...... 1715-1774 Oasis Development Corp. — R.O.P.E.S. program — Neighborhood Equity Funds (Ward 10) (O 819-01) ...... 1711-1754 Ohio City Near West Development Corp. — West Virginia Building rehabilitation — Neighborhood Equity Funds (Ward 14) (O 1342-01) ...... 1673 Parkworks — Adult Basic Landscaping Training Program — Neighborhood Equity Funds (Ward 8) (O 1233-01) ...... 1715-1773 Rainbow Terrace Apartments — improvements — grant (O 1226-01) ...... 1715-1771 Umoja and Kuumba Youth Association — cheerleading program — Ward 2 Neighborhood Equity Funds (O 937-01)...... 1712-1756 W. 44th St., 1787 — purchase (O 1217-01) ...... 1714-1770 W.E.B. DuBois Community Center — amend Contract No. 56549 (O 1349-01)...... 1677 Woodland Recreation Center project — property — transfer (O 1037-01) ...... 1712-1759 Yeakel Avenue, 9702 — Land Reutilization Program — to Donald J. Traylor, Sr. (O 1751-99) ...... 1708-1739

Community Development Block Grant Program

Cleveland Housing Network — Block Grant loan — housing rehabilitation & construction (O 1347-01) ...... 1677

Community Reinvestment Area

City of Cleveland — establish as reinvestment area — Amend Sections 1 & 2/O.1776-A-90 and repeal O.1089-01 — City Planning Commission — Community Development Dept. (O 1341-01) ...... 1673 1800 July 25, 2001 The City Record 135

Condolences

Blackwell, Lucille (R 1309-01) ...... 1671 Bourn, Jr., Benjamin F. (R 1302-01)...... 1670 Chapman, Bishop Robert L. (R 1299-01) ...... 1670 Clark, James W. (R 1307-01) ...... 1670 Fiocca, Dino (R 1306-01) ...... 1670 Foxhall, Katie Bryant (R 1305-01)...... 1670 Gibson, Bernice Pratt (R 1310-01) ...... 1671 Jones, Karen Joy (R 1304-01) ...... 1670 Lawrence, Rev. Leon (R 1300-01) ...... 1670 LeBarron, Jeffrey C. (R 1303-01) ...... 1670 Nivard, Brother (Joseph Martin Stanton) (R 1298-01) ...... 1670 Russ, Karen Jean (R 1308-01)...... 1670 Stoves, Sr., Bennie Bruce (R 1301-01) ...... 1670

Congratulations

Bates, Leola W. (R 1316-01)...... 1671 Blake, Ciandra (R 1311-01) ...... 1671 Carlson, Kathryn A. (R 1321-01)...... 1671 Chapman, Bishop Robert L. (R 1327-01) ...... 1671 Chapmon, Jeanette (R 1329-01) ...... 1671 Collinwood High School — Girl’s Track Team (R 1326-01)...... 1671 Denihan, William M. (R 1317-01) ...... 1671 Dimora, Jimmy (R 1325-01) ...... 1671 Empowerment Center of Greater Cleveland (R 1323-01) ...... 1671 Flewellen, Icabod (R 1328-01) ...... 1671 Harvey Family Reunion (R 1318-01) ...... 1671 Holland/Mathews/Washington Family Reunion (R 1315-01) ...... 1671 Lacey Family Reunion (R 1314-01) ...... 1671 Melton/Wilkes Family Reunion (R 1313-01) ...... 1671 Peyton, Anna Marie (R 1319-01) ...... 1671 Sikorski, General, Post #203 (R 1320-01) ...... 1671 Smith, Judith M. (R 1324-01) ...... 1671 Tolliver, Sr., Atty. Stanley E. (R 1312-01) ...... 1671 Watley, Mabel (R 1322-01)...... 1671 West, Shirley (R 1330-01)...... 1671

Consumer Affairs

Consumer Protection Code, Title III — new/amend various Code Sections (O 1345-01) ...... 1674

Contracts

Kamm’s Corners Community Development Corp. — amend Contract No. 56705— Community Development Dept. (O 1350-01) ...... 1678 MetroHealth Medical Center — First Amendment to City Contract No. 50407 (O 1385-01) ...... 1689-1779 Post Office Plaza Limited Partnership — prepayment — UDAG loan (O 125-01) ...... 1710-1748 Triangle Properties, Ltd. — HUD Urban Development Action Grant — construction (O 1346-01) ...... 1676 W.E.B. DuBois Community Center — amend Contract No. 56549— Community Development Dept. (O 1349-01) ...... 1677

Correction Division

Correction Division — transfer from Health Dept. to Safety Dept. — Supplement and repeal various Code Sections (O 1355-01) ...... 1679 Transfer — General Fund (O 923-01) ...... 1712-1756

Easements

East Ohio Gas — easement rights — Trust Indenture — City of Cleveland — Chase Manhattan Trust Company, National Association — Port Control (O 1962-2000) ...... 1710-1745 West Hangar Road — East Ohio Gas — Port Control (O 2016-2000) ...... 1710-1746 1801 136 The City Record July 25, 2001

East End Neighborhood House

Community festival — banner (O 1391-01)...... 1693-1783

East Ohio Gas Company

Easement rights — Trust Indenture — City of Cleveland — Chase Manhattan Trust Company, National Association — Port Control (O 1962-2000)...... 1710-1745 West Hangar Road — easement — Port Control (O 2016-2000) ...... 1710-1746

Economic Development Department

C & K Meats — assistance — amend Section 2 / O.2119-2000 (O 1400-01) ...... 1696-1787 Otto Konigslow Manufacturing Company — assistance — Neighborhood Equity Funds (Ward 10) (O 170-01)...... 1711-1749 Post Office Plaza Limited Partnership — prepayment — UDAG loan (O 125-01) ...... 1710-1748 Triangle Properties, Ltd. — HUD Urban Development Action Grant — construction (O 1346-01) ...... 1676 Vocational Guidance Services — Empowerment Zone Section 108 — Grant Agreement (O 709-01) ...... 1711-1751

Emergency Medical Service Division

Emergency Medical Services Grant, 2000-2001 — amend Title & Section 1 of O.1427-00 (O 1360-01) ...... 1681

Empowerment Zone

Vocational Guidance Services — Empowerment Zone Section 108 — Grant Agreement (O 709-01) ...... 1711-1751

Fair Finance Commission

Callahan, Faye — appointment (F 1334-01) ...... 1671

Famicos Foundation

Community Development Float Loans (O 1229-01) ...... 1715-1773

Finance Department

Bond expenses, services and legal opinions — amend Section 177.10 (O 922-01) ...... 1711-1755 Cablevision of Cleveland, L.P. — expand use of funds — amend O.1729-2000 (O 1401-01) ...... 1697-1787 Cell batteries — various divisions (O 1064-01) ...... 1713-1765 Cleveland Municipal Court — grant — Office of Criminal Justice Services — Domestic Violence Program (O 1352-01) ...... 1678 Correction Division — transfer — General Fund (O 923-01) ...... 1712-1756 General Fund — transfer funds — amend O.896-01 (O 1398-01) ...... 1695-1485 Municipal Court — Office of Criminal Justice Services — grant — Project HOPE Program (O 1353-01) ...... 1678 Office moving services (O 1236-01) ...... 1715-1773 Payroll software system — Kronos, Inc. (O 1067-01) ...... 1713-1766 Steel plates — various divisions (O 1063-01) ...... 1713-1765 W. 117th St., resurface Bellaire Rd., to Edgewater Dr. — cause payment of City’s share — amend O.520-00 (O 1366-01) ...... 1683 W.E.B. DuBois Community Center — amend Contract No. 56549— Community Development Dept. (O 1349-01) ...... 1677

Fire Division

Mayor’s Veto letter — Ordinance No. 213-01 — Public Safety Dept. (O 213-01-A)...... 1669-V

Gifts

Dollar Bank — cash donation — Parks, Recreation & Properties Dept. (O 1363-01) ...... 1682 1802 July 25, 2001 The City Record 137

Grants

Caribbean Gang Task Force Program, 2002 — Justice Department (O 1356-01)...... 1680 Cleveland Municipal Court — Office of Criminal Justice Services — Domestic Violence Program (O 1352-01) ...... 1678 Cleveland Team Approach to Violence Against Women Program — Justice Department (O 1357-01) ...... 1680 Community Re-entry, Inc. — Cleveland Community Re-entry Program — Office of Criminal Justice Services (O 1343-01) ...... 1673 COPS In Schools Program — Justice Department (O 1358-01) ...... 1681 Emergency Medical Services Grant, 2000-2001 — amend Title & Section 1 of O.1427-00 (O 1360-01) ...... 1681 Just Chillin’ Club Grant — Ohio Minority Health Commission — Health Dept. (O 1344-01) ...... 1674 Municipal Court — Office of Criminal Justice Services — Project HOPE Program (O 1353-01) ...... 1678 Rainbow Terrace Apartments — improvements (O 1226-01) ...... 1715-1771 STEP 2002 Program — Ohio Public Safety Department (O 1359-01) ...... 1681

Health Care Coverage

Outpatient health clinics — urges support — accept “out-of-plan” insurance health care providers (R 1421-01)...... 1703-1735

Health Centers

Improvements (O 1224-01)...... 1715-1771 Outpatient health clinics — urges support — accept “out-of-plan” insurance health care providers (R 1421-01)...... 1703-1735

Health Department

Community Re-entry, Inc. — Cleveland Community Re-entry Program — grant — Office of Criminal Justice Services (O 1343-01)...... 1673 Correction Division — transfer from Health Dept. to Safety Dept. — Supplement and repeal various Code Sections (O 1355-01) ...... 1679 Funds, transfer of — amend O.896-01 (O 1398-01) ...... 1695-1485 Health centers — improvement (O 1224-01)...... 1715-1771 Just Chillin’ Club Grant — Ohio Minority Health Commission — grant (O 1344-01) ...... 1674 MetroHealth Medical Center — First Amendment to City Contract No. 50407 (O 1385-01) ...... 1689-1779 Transfer — General Fund — Division of Correction (O 923-01) ...... 1712-1756

Housing and Urban Development (HUD)

Triangle Properties, Ltd. — grant — construction (O 1346-01) ...... 1676

Kamms Corners Community Development Corporation

Amend Contract No. 56705— Community Development Dept. (O 1350-01) ...... 1678

Land Reutilization Program

Bailey Avenue, 3811 — to Ohio City Near West Development Corp. — PPN 007-06-067 (O 1381-01) ...... 1688-1778 Bennington Avenue, 12602 — to Kenneth W. Gibson, Jr. — PPN 020-12-044 (O 1364-01) ...... 1682 Bridge Ave., various parcels — to Bridge Housing (O 1393-01) ...... 1693-1784 Cambridge and Way Aves. — to The Garland Company, Inc. (O 1410-01) ...... 1699-1790 E. 131st St., 3927 — John H. Moore, Jr. — PPN 138-05-001 (O 1405-01) ...... 1697-1788 E. 55th St., Longfellow & Thackery Ave. — Vocational Guidance Services (O 710-01) ...... 1711-1752 E. 59th St., 2331 — to Greater Cleveland Habitat for Humanity, Inc. (O 1390-01) ...... 1692-1783 E. 73rd St. — to Cleveland Housing Network — PPN 118-24-092 & 093 (O 1388-01) ...... 1690-1780 Preble Ave. — to KINBESS, LLC (O 1389-01)...... 1691-1782 Yeakel Avenue, 9702 — Donald J. Traylor, Sr. (O 1751-99) ...... 1708-1739 1803 138 The City Record July 25, 2001

Landmark Commission

St. Philip Christian Church — Landmark (O 1031-01) ...... 1712-1759

Lease Agreement

Ullrich Family Limited Partnership — amend O.1267-01 — use of City owned land (O 1407-01) ...... 1698-1788

Leases

Harp Restaurant — property (O 1161-01)...... 1714-1770 Museum of Transportation and Industry — construct — Burke Lakefront Airport — Western Reserve Historical Society (O 1760-2000) ...... 1708-1743

Libraries

Cleveland Public Library — Annual Report, Year 2000 (F 1274-01) ...... 1670

Liquor Permits

Bosworth Rd., 1st Fl., 3655-57 — renewal — objection (Ward 19) (R 1411-01) ...... 1700-1732 Bridge Ave., 2927 — transfer ownership (F 1282-01) ...... 1670 Bridge Ave., 5718 — issuance — objection (Ward 17) (R 1431-01) ...... 1706-1738 Buckeye Rd., 11312 — renewals — objection (Ward 4) (R 1424-01) ...... 1704-1736 Carnegie Ave., 1022 & 1100 — new application (F 1288-01) ...... 1670 Cedar Ave., 7904 — renewal — withdraw objection (Ward 6) (R 1414-01) ...... 1701-1733 Center St., 1114 — transfer ownership (F 1281-01) ...... 1670 Denison Ave., 9150 — stock transfer (F 1287-01)...... 1670 Detroit Ave., 5009 — transfer location — withdraw objection (Ward 17) (R 1432-01)...... 1706-1738 Dove Ave., 10808 — new application (F 1279-01) ...... 1670 E. 102nd St., 584 — transfer ownership — objection (Ward 8) (R 1433-01) ...... 1707-1738 E. 116th St., 2976 — renewal — objection (Ward 4) (R 1426-01)...... 1705-1736 E. 123rd St., 3065-77 — renewal — objection (Ward 4) (R 1427-01) ...... 1705-1736 E. 143rd St., 3249 — renewal — objection (Ward 4) (R 1428-01)...... 1705-1737 E. 14th St., 2033 — transfer ownership & location (F 1285-01) ...... 1670 E. 93rd St., 3314 — renewal — objection (Ward 4) (R 1425-01) ...... 1704-1736 East 55th St., 1st Fl. & Bsmt., 1400 — renewal — objection (Ward 13) (R 1417-01) ...... 1702-1734 Euclid Ave., 16400-04 — transfer location (F 1295-01) ...... 1670 Harvard Ave., 13800 — transfer ownership and location — objection (Ward 1) (R 1429-01)...... 1705-1737 Huron Rd, 834-36 — transfer ownership (F 1294-01)...... 1670 Huron Rd., 812 — transfer ownership & location (F 1284-01) ...... 1670 Kinsman Ave., 14510 — transfer ownership (F 1283-01) ...... 1670 Lorain Ave., 11118 — renewal — objection (Ward 19) (R 1413-01) ...... 1701-1733 Lorain Ave., 16800 — renewal — objection (Ward 21) (R 1420-01) ...... 1703-1735 Lorain Ave., 17004 — transfer ownership (F 1290-01) ...... 1670 Lorain Ave., 9011 — transfer ownership (F 1291-01) ...... 1670 Lorain Ave., 9720-24 — renewal — objection (Ward 18) (R 1435-01)...... 1707-1739 Lorain Avenue, 1st Fl. & Bsmt., 11619 — renewal — objection (Ward 19) (R 1412-01) ...... 1701-1733 Madison Ave., 7602 — transfer ownership (F 1293-01) ...... 1670 Main Ave., 1148 — transfer stock (F 1297-01) ...... 1670 Martin Luther King Jr. Dr., 3790 — new application (F 1280-01) ...... 1670 Miles Ave., 9911-13 — new application (F 1278-01) ...... 1670 Murra Hill Rd., 2198 — transfer ownership & location (F 1286-01) ...... 1670 Old River Rd., 1059 — transfer ownership (F 1292-01) ...... 1670 Platt Ave., 8211 — issuance — withdraw objection (Ward 6) (R 1415-01)...... 1701-1733 Shaker Square, 13120 — transfer ownership & location — withdraw objection (Ward 4) (R 1423-01)...... 1704-1735 W. 130th St., 4690 — transfer ownership — withdraw objection (Ward 20) (R 1434-01)...... 1707-1739 W. 25th St., 1871 — new application (F 1289-01) ...... 1670 W. 9th St., 1281 — liquor permit — objection (R 1418-01) ...... 1702-1734 W. 9th St., 1281 — transfer ownership & location (F 1296-01)...... 1670 Wade Park Avenue, Unit EA10, 9200 — issuance — withdraw objection (Ward 13) (R 1430-01)...... 1706-1737 West 6th St., 1261-65 — stock transfer — withdraw objection (Ward 13) (R 1416-01) ...... 1702-1733 West 9th St., 1299 — renewal — objection (Ward 13) (R 1419-01) ...... 1702-1734 Woodland Ave., 6206 — issuance — withdraw objection (Ward 5) (R 1422-01) ...... 1704-1735 1804 July 25, 2001 The City Record 139

Little Italy

Little Italy 2000 Development Corporation — banners — permit (O 1372-01) ...... 1685-1776

Metro Health Medical Center

MetroHealth Clement Center — banners — permit (O 1374-01) ...... 1686-1776 MetroHealth Medical Center — First Amendment to City Contract No. 50407 (O 1385-01) ...... 1689-1779 National Rehabilitation Awareness Celebration — banners — permit (Ward 14) (O 1380-01) ...... 1687-1778

Municipal Court

Domestic Violence Program — grant — Office of Criminal Justice Services (O 1352-01) ...... 1678 Project HOPE Program — Office of Criminal Justice Services — grant — (O 1353-01) ...... 1678

Neighborhood Development Investment Fund

Post Office Plaza Limited Partnership — prepayment — UDAG loan (O 125-01) ...... 1710-1748

Neighborhood Equity Funds

A Cultural Exchange — after school literacy — Wards 2 and 4 (O 1228-01) ...... 1715-1773 A Cultural Exchange — The Read, Baby, Read, Book Club — agreement — Ward 19 (O 1337-01) ...... 1672 Boys and Girls Club — Positive Place for Kids Program — Ward 12 (O 1241-01) ...... 1715-1774 Boys and Girls Clubs — agreement — amend O.100-01 — Wards 2 and 3 (O 1406-01)...... 1698-1788 Collinwood Community Services Center — elderly services program — Ward 10 (O 1339-01)...... 1672 Hulda Ave. — install yard lamps — amend O.1125-00 — Ward 6 (O 1373-01)...... 1686-1776 Kamm’s Corner Development Corporation — amend Ord. No. 1737-2000 — Ward 21 (O 1220-01) ...... 1715-1770 Kenneth W. Clement School — classroom furniture — Ward 10 (O 1340-01) ...... 1673 Memorial School Housing Project — Northeast Shores Development Corp. — Ward 11 (O 1362-01)...... 1682 Murtis H. Taylor Multi-Service Center — Ninth Annual African American Family Day Picnic — Ward 3 (O 1239-01) ...... 1715-1774 Oasis Development Corp. — R.O.P.E.S. program — Ward 10 (O 819-01) ...... 1711-1754 Ohio City Near West Development Corp. — West Virginia Building rehabilitation — Ward 14 (O 1342-01)...... 1673 Otto Konigslow Manufacturing Company — economic development assistance (O 170-01) ...... 1711-1749 Parkworks — Adult Basic Landscaping Training Program — Ward 8 (O 1233-01) ...... 1715-1773 Senior and disabled resident property maintenance — amend Sections 1 & 2 / O.286-2000 — Ward 1(O 1392-01) ...... 1693-1783 Sidewalks, repair & replace unsafe or dangerous — Wards 19 & 20 — Public Service Dept. (O 1370-01) ...... 1685-1775 Umoja and Kuumba Youth Association — cheerleading program — Ward 2 (O 937-01) ...... 1712-1756

Northeast Ohio Regional Sewer District

Annual Report (F 1275-01) ...... 1670 Brookpark Road — grant easement (O 2089-2000) ...... 1710-1747

Ohio City Near West Development Corporation

West Virginia Building rehabilitation — Neighborhood Equity Funds — (Ward 14) — Community Development Dept. (O 1342-01)...... 1673

Ohio General Assembly

Outpatient health clinics — urges support — accept “out-of-plan” insurance health care providers (R 1421-01)...... 1703-1735 1805 140 The City Record July 25, 2001

Ohio Revised Code

Municipal boundary line — adjustment — City of Cleveland & City of Brook Park — in accordance with ORC Section 709.37 (O 623-01) ...... 1711-1749

Parking

Employee parking lot and related facilities — Riveredge site — Port Control (O 912-2000) ...... 1708-1743

Parks, Recreation and Properties Department

Archmere Park — rehabilitate tennis courts — contract (O 1395-01)...... 1694-1784 Dollar Bank — cash donation (O 1363-01) ...... 1682 Museum of Transportation and Industry — construct — Burke Lakefront Airport — Lease — Western Reserve Historical Society (O 1760-2000) ...... 1708-1743 Woodland Recreation Center project — property — transfer (O 1037-01) ...... 1712-1759

Peddlers

Montgomery, Gregory — Ward 5 (O 1387-01) ...... 1690-1780

Permits

“Dog Daze Criterium” bicycle race — Cuyahoga Valley Velo — Ward 13 (O 1378-01)...... 1687-1777 1st Annual Buddy Walk — National Downs Syndrome Society — Ward 13 (O 1376-01) ...... 1686-1777 Catholic Charities Services Corp. 24th Annual Walk-A-Thon — Ward 13 (O 1377-01) ...... 1686-1777 Colonial Carriage — permit to operate — Commissioner of Licenses and Assessments — Ward 13 (O 1375-01)...... 1686-1777 Dr. John Carey Memorial AIDS Walk — Kropf Public Relations, Inc. (O 1394-01) ...... 1694-1784 Euclid Ambulance Race — E. 185th Street Festival Committee (O 1404-01) ...... 1697-1788

Police Division

Aircraft — service and maintain — requirement contract (O 1354-01) ...... 1678

Port Control Department

Airline schedule data — various publications (O 1336-01) ...... 1671 Brookpark Road — grant easement — Northeast Ohio Regional Sewer District (O 2089-2000) ...... 1710-1747 Central Information Counter — construct — Cleveland Hopkins Airport (O 1335-01)...... 1671 Cleveland Hopkins International Airport — expansion — International Exposition Center — ownership — amend Sections 1 & 2 of O.2649-91 (O 624-01) ...... 1711-1750 CMMS system — licenses and upgrades — Oracle Service Industries (O 1129-01) ...... 1714-1767 Deicing services — Cleveland Hopkins International Airport (O 1124-01) ...... 1713-1767 Doan Brook — mitigation construction — payment (O 1121-01) ...... 1713-1766 East Ohio Gas — easement rights — Trust Indenture — City of Cleveland — Chase Manhattan Trust Company, National Association (O 1962-2000) ...... 1710-1745 Elevators, escalators and moving walkways — maintain (O 1009-01)...... 1712-1756 Employee parking lot and related facilities — Riveredge site (O 912-2000)...... 1708-1743 Environmental remediation services — Abrams Creek — relocation (O 1011-01) ...... 1712-1757 Environmental studies, remediation — regulatory compliance — expansion — Cleveland Hopkins International Airport (O 1130-01) ...... 1714-1767 Museum of Transportation and Industry — construct — Burke Lakefront Airport — Lease — Western Reserve Historical Society (O 1760-2000) ...... 1708-1743 Nortel PBX system — maintenance (O 1128-01) ...... 1713-1767 Telephone system — upgrade (O 1120-01) ...... 1713-1766 Ullrich Family Limited Partnership — lease agreement — amend O.1267-01 — use of City owned land (O 1407-01) ...... 1698-1788 West Hangar Road — easement — East Ohio Gas (O 2016-2000) ...... 1710-1746 Wetland and stream mitigation programs — pay or reimburse (O 1013-01) ...... 1712-1757

Public Utilities Commission (PUCO)

Dominion Cleveland Chilled Water Distribution — application (F 1273-01)...... 1670 1806 July 25, 2001 The City Record 141

Purchases and Supplies Division

W. 44th St., 1787 — purchase (O 1217-01) ...... 1714-1770

Resolutions — Recognition

Buchanan-Bailey, Dion (R 1333-01) ...... 1671 Mt. Pleasant Heritage House (R 1332-01)...... 1671 Talbert, Carolyn Anne Wilson (R 1331-01)...... 1671

Resolutions — Miscellaneous

H.E.L.P. Program — support — Ohio Housing Rehabilitation Linked Deposit Program — adopt and implement — low interest home improvement loans (R 316-01) ...... 1716-1732

Safety Department

Caribbean Gang Task Force Program, 2002 — grant — Justice Department (O 1356-01)...... 1680 Cleveland Team Approach to Violence Against Women Program — grant — Justice Department (O 1357-01) ...... 1680 COPS In Schools Program — grant — Justice Department (O 1358-01) ...... 1681 Correction Division — transfer from Health Dept. to Safety Dept. — Supplement and repeal various Code Sections (O 1355-01) ...... 1679 Emergency Medical Services Grant, 2000-2001 — amend Title & Section 1 of O.1427-00 (O 1360-01) ...... 1681 Fire Boat — Mayor’s Veto letter — Ordinance No. 213-01 (O 213-01-A) ...... 1669-V Police aircraft — service and maintain — requirement contract — Police Division (O 1354-01) ...... 1678 STEP 2002 Program — grant — Ohio Public Safety Department (O 1359-01) ...... 1681 Weapons, possessing certain at or about public places — amend Code Section 627-10 (O 1361-01) ...... 1681

Service Department

Public improvements, various — amend Title & Sections 1, 2, &6, add new section 4A / O.593-00 (O 1382-01) ...... 1688-1778 Sidewalks, driveway aprons, curbs, gutters and/or castings — repair — amend R.140-01 (O 1409-01) ...... 1699-1789 W. 117th St., resurface Bellaire Rd., to Edgewater Dr. — cause payment of City’s share — amend O.520-00 (O 1366-01) ...... 1683 W. 98th St. and W. 110th St. — Sidewalk, driveway apron, curbs, gutters and/or castings (R 1436-01)...... 1707-1739

Sewers

Westpark and Lydian Roads — sewers — amend O.1000-2000 (O 1222-01)...... 1715-1771

Sidewalks

Public improvements, various — amend Title & Sections 1, 2, &6, add new section 4A / O.593-00 (O 1382-01) ...... 1688-1778 Sidewalks, driveway aprons, curbs, gutters and/or castings — repair — amend R.140-01 (O 1409-01) ...... 1699-1789 Sidewalks, repair & replace unsafe or dangerous — Neighborhood Equity Funds (Wards 19 & 20) Public Service Dept. (O 1370-01) ...... 1685-1775

Stadium

Cleveland Browns Stadium — accounting treatment — new Section 133.171 (O 1970-2000) ...... 1710-1746

Streets Division

W. 98th St. and W. 110th St. — Sidewalk, driveway apron, curbs, gutters and/or castings (R 1436-01)...... 1707-1739 1807 142 The City Record July 25, 2001

Streets — Resurface

W. 117th St., resurface Bellaire Rd., to Edgewater Dr. — cause payment of City’s share — amend O.520-00 (O 1366-01) ...... 1683

Streets Vacation

E. 57th St., Tivoli Court S. E., E. 59th Place & Chadakoin Court S.E. — intention to vacate (R 513-01) ...... 1716-1732 West 68th Street — vacate a portion (O 1365-01)...... 1682

Utilities Department

BancTec, Inc. — hardware/software maintenance — contract — (O 1351-01) ...... 1678 Bucket trucks — test, inspect and repair — Cleveland Public Power (O 1050-01) ...... 1713-1764 Cablevision of Cleveland, L.P. — expand use of funds — amend O.1729-2000 (O 1401-01) ...... 1697-1787 Cleveland Housing Network — customer services — low income — Divisions of Water (O 1142-01) ...... 1714-1768 Electrical supplies (O 1150-01)...... 1714-1768 Garrett A. Morgan Museum — constructing (O 78-01)...... 1710-1748 Garrett Morgan Water Treatment Plant — rapid mix sluice gate (O 1152-01) ...... 1714-1769 Harp Restaurant — property — lease (O 1161-01) ...... 1714-1770 Impellers and appurtenances — Division of Water (O 1154-01) ...... 1714-1769 Kirtland — starting relay motor — rewiring (O 1153-01) ...... 1714-1769 Payment processor envelope extractor machine — Utilities Fiscal Control Division (O 1049-01) ...... 1713-1764 Printer consumables — Cleveland Public Power (O 1051-01) ...... 1713-1764 Roofs — repair (O 1147-01) ...... 1714-1768 Safety equipment — Division of Water (O 1160-01) ...... 1714-1770 Transmission cable system — oil spill — clean-up (O 1052-01) ...... 1713-1765 Water mains — repairing (O 1155-01)...... 1714-1769 Whale mural — protective coating (O 1151-01)...... 1714-1768

Utilities Fiscal Control Division

BancTec, Inc. — hardware/software maintenance — contract — Public Utilities Dept. (O 1351-01) ...... 1678 Payment processor envelope extractor machine (O 1049-01) ...... 1713-1764

Vetoes

Fire Boat — Mayor’s Veto letter — Ordinance No. 213-01 — Public Safety Dept. (O 213-01-A) ...... 1669-V

Walk-A-Thons

1st Annual Buddy Walk — National Downs Syndrome Society — permit (Ward 13) (O 1376-01) ...... 1686-1777 Catholic Charities Services Corp. 24th Annual Walk-A-Thon — permit (Ward 13) (O 1377-01) ...... 1686-1777 Dr. John Carey Memorial AIDS Walk — permit — Kropf Public Relations, Inc. (O 1394-01) ...... 1694-1784

Ward 01

Blake, Ciandra — congratulations (R 1311-01) ...... 1671 Buchanan-Bailey, Dion — recognition (R 1333-01)...... 1671 Gibson, Bernice Pratt — condolence (R 1310-01) ...... 1671 Harvard Ave., 13800 — transfer ownership and location — objection (R 1429-01)...... 1705-1737 Holland/Mathews/Washington Family Reunion — congratulations (R 1315-01) ...... 1671 Lacey Family Reunion — congratulations (R 1314-01) ...... 1671 Melton/Wilkes Family Reunion — congratulations (R 1313-01)...... 1671 Senior and disabled resident property maintenance — amend Sections 1 & 2 / O.286-2000 — Neighborhood Equity Funds (O 1392-01) ...... 1693-1783 Smith, Judith M. — congratulations (R 1324-01) ...... 1671 1808 July 25, 2001 The City Record 143

Ward 02

A Cultural Exchange — after school literacy — Wards and 2 and 4 —Neighborhood Equity Funds (O 1228-01)...... 1715-1773 Boys and Girls Clubs — agreement — amend O.100-01 — Neighborhood Equity Funds (Wards 2 and 3) (O 1406-01) ...... 1698-1788 Cambridge and Way Aves. — to The Garland Company, Inc. — Land Reutilization Program (O 1410-01) ...... 1699-1790 Dove Ave., 10808 — new application (F 1279-01) ...... 1670 Harvey Family Reunion — congratulations (R 1318-01) ...... 1671 Martin Luther King Jr. Dr., 3790 — new application (F 1280-01)...... 1670 Miles Ave., 9911-13 — new application (F 1278-01) ...... 1670 Umoja and Kuumba Youth Assoc. — cheerleading program — Neighborhood Equity Funds (O 937-01) ...... 1712-1756

Ward 03

Blackwell, Lucille — condolence (R 1309-01) ...... 1671 Bourn, Jr., Benjamin F. — condolence (R 1302-01) ...... 1670 Boys and Girls Clubs — agreement — amend O.100-01 — Neighborhood Equity Funds (Wards 2 and 3) (O 1406-01) ...... 1698-1788 Denihan, William M. — congratulations (R 1317-01) ...... 1671 E. 131st St., 3927 — John H. Moore, Jr. — PPN 138-05-001 — Land Reutilization Program (O 1405-01) ...... 1697-1788 Kinsman Ave., 14510 — transfer ownership (F 1283-01) ...... 1670 Mt. Pleasant Heritage House — recognition (R 1332-01) ...... 1671 Murtis H. Taylor Multi-Service Center — Ninth Annual African American Family Day Picnic — Neighborhood Equity Funds (O 1239-01) ...... 1715-1774 West, Shirley — congratulations (R 1330-01) ...... 1671

Ward 04

A Cultural Exchange — after school literacy — Wards 2 and 4 — Neighborhood Equity Funds (O 1228-01) ...... 1715-1773 Buckeye Rd., 11312 — renewals — objection (R 1424-01) ...... 1704-1736 E. 116th St., 2976 — renewal — objection (R 1426-01) ...... 1705-1736 E. 123rd St., 3065-77 — renewal — objection (R 1427-01) ...... 1705-1736 E. 143rd St., 3249 — renewal — objection (R 1428-01) ...... 1705-1737 E. 93rd St., 3314 — renewal — objection (R 1425-01) ...... 1704-1736 East End Neighborhood House — banner — community festival (O 1391-01) ...... 1693-1783 Shaker Square, 13120 — transfer ownership & location — withdraw objection (R 1423-01) ...... 1704-1735 Woodland Recreation Center project — property — transfer (O 1037-01) ...... 1712-1759

Ward 05

E. 55th St., Longfellow & Thackery Ave. — Land Reutilization Program — Vocational Guidance Services (O 710-01) ...... 1711-1752 E. 57th St., Tivoli Court S. E., E. 59th Place & Chadakoin Court S.E. — intent to vacate (R 513-01)...... 1716-1732 E. 59th St., 2331 — to Greater Cleveland Habitat for Humanity, Inc. — Land Reutilization Program (O 1390-01) ...... 1692-1783 E. 73rd St. — to Cleveland Housing Network — PPN 118-24-092 & 093 — Land Reutilization Program (O 1388-01) ...... 1690-1780 Foxhall, Katie Bryant — condolence (R 1305-01) ...... 1670 Montgomery, Gregory — peddling (O 1387-01) ...... 1690-1780 Preble Ave. — Land Reutilization Program — to KINBESS, LLC (O 1389-01) ...... 1691-1782 Rainbow Terrace Apartments — improvements — grant (O 1226-01) ...... 1715-1771 St. Philip Christian Church — Landmark (O 1031-01) ...... 1712-1759 Woodland Ave., 6206 — issuance — withdraw objection (R 1422-01) ...... 1704-1735

Ward 06

Cedar Ave., 7904 — renewal — withdraw objection (R 1414-01) ...... 1701-1733 Hulda Ave. — install yard lamps — amend O.1125-00 — Neighborhood Equity Funds (O 1373-01)...... 1686-1776 Little Italy 2000 Development Corporation — banners — permit (O 1372-01) ...... 1685-1776 Mayor’s Night Out Against Crime — July 16, 2001 to August 8, 2001 — permit (O 1371-01) ...... 1685-1775 1809 144 The City Record July 25, 2001

MetroHealth Clement Center — banners — permit (O 1374-01) ...... 1686-1776 Murra Hill Rd., 2198 — transfer ownership & location (F 1286-01) ...... 1670 Platt Ave., 8211 — issuance — withdraw objection (R 1415-01) ...... 1701-1733

Ward 07

Flewellen, Icabod — congratulations (R 1328-01) ...... 1671 Watley, Mabel — congratulations (R 1322-01) ...... 1671

Ward 08

Chapmon, Jeanette — congratulations (R 1329-01) ...... 1671 Cleveland Church of Christ — banners (O 1396-01) ...... 1694-1485 E. 102nd St., 584 — transfer ownership — objection (R 1433-01) ...... 1707-1738 Lumpkin, Larry / Glenville Community’s Youth Opportunity Center — banners — identify location (O 1397-01) ...... 1695-1485 Parkworks — Adult Basic Landscaping Training Program — Neighborhood Equity Funds (O 1233-01) ...... 1715-1773 Stoves, Sr., Bennie Bruce — condolence (R 1301-01)...... 1670 Ward — reapportion boundaries — amend Code Sections 103.08 and 103.09 (O 1399-01) ...... 1695-1485

Ward 09

Bourn, Jr., Benjamin F. — condolence (R 1302-01) ...... 1670 Chapman, Bishop Robert L. — Condolence (R 1299-01) ...... 1670 Chapman, Bishop Robert L. — congratulations (R 1327-01) ...... 1671 Tolliver, Sr., Atty. Stanley E. — congratulations (R 1312-01)...... 1671 Ward — reapportion boundaries — amend Code Sections 103.08 and 103.09 (O 1399-01) ...... 1695-1485

Ward 10

Clark, James W. — condolence (R 1307-01) ...... 1670 Collinwood Community Services Center — elderly services program — Neighborhood Equity Funds — Community Development Dept. (O 1339-01) ...... 1672 Euclid Ave., 16400-04 — transfer location (F 1295-01) ...... 1670 Euclid/St. Clair Local Development Corp. — banner — Community Festival. (O 1384-01) ...... 1689-1779 Jones, Karen Joy — condolence (R 1304-01) ...... 1670 Kenneth W. Clement School — classroom furniture — Neighborhood Equity Funds — Community Development Dept. (O 1340-01) ...... 1673 Lawrence, Rev. Leon — condolence (R 1300-01) ...... 1670 Oasis Development Corp. — R.O.P.E.S. program — Neighborhood Equity Funds (O 819-01) ...... 1711-1754 Otto Konigslow Manufacturing Company — economic development assistance — Neighborhood Equity Funds (O 170-01) ...... 1711-1749 Russ, Karen Jean — condolence (R 1308-01) ...... 1670 Talbert, Carolyn Anne Wilson — recognition (R 1331-01) ...... 1671

Ward 11

Collinwood High School — Girl’s Track Team — congratulations (R 1326-01) ...... 1671 Dimora, Jimmy — congratulations (R 1325-01)...... 1671 Euclid Ambulance Race — permit — East 185th Street Festival Committee (O 1404-01) ...... 1697-1788 Lake Shore Boulevard, N.E. — change Use District (O 226-01) ...... 1715-1749 LeBarron, Jeffrey C. — condolence (R 1303-01) ...... 1670 Memorial School Housing Project — Northeast Shores Development Corp. — Neighborhood Equity Funds — Community Development Dept. (O 1362-01) ...... 1682

Ward 12

Boys and Girls Club — Positive Place for Kids Program — Neighborhood Equity Funds (O 1241-01) ...... 1715-1774 C & K Meats — economic development assistance — amend Section 2 / O.2119-2000 (O 1400-01) ...... 1696-1787 Carlson, Kathryn A. — congratulations (R 1321-01) ...... 1671 Sikorski, General, Post #203 — congratulations (R 1320-01) ...... 1671 1810 July 25, 2001 The City Record 145

Ward 13

“Dog Daze Criterium” bicycle race — Cuyahoga Valley Velo — permit (O 1378-01) ...... 1687-1777 1st Annual Buddy Walk — National Downs Syndrome Society — permit (O 1376-01) ...... 1686-1777 Carnegie Ave., 1022 & 1100 — new application (F 1288-01) ...... 1670 Catholic Charities Services Corp. 24th Annual Walk-A-Thon — permit (O 1377-01) ...... 1686-1777 Center St., 1114 — transfer ownership (F 1281-01) ...... 1670 Colonial Carriage — permit to operate — Commissioner of Licenses and Assessments (O 1375-01) ...... 1686-1777 E. 14th St., 2033 — transfer ownership & location (F 1285-01) ...... 1670 East 55th St., 1st Fl. & Bsmt., 1400 — renewal — objection (R 1417-01) ...... 1702-1734 Empowerment Center of Greater Cleveland — congratulations (R 1323-01) ...... 1671 Huron Rd, 834-36 — transfer ownership (F 1294-01)...... 1670 Huron Rd., 812 — transfer ownership & location (F 1284-01) ...... 1670 Old River Rd., 1059 — transfer ownership (F 1292-01) ...... 1670 W. 9th St., 1281 — liquor permit — objection (R 1418-01) ...... 1702-1734 W. 9th St., 1281 — transfer ownership & location (F 1296-01)...... 1670 Wade Park Avenue, Unit EA10, 9200 — issuance — withdraw objection (R 1430-01)...... 1706-1737 West 6th St., 1261-65 — stock transfer — withdraw objection (R 1416-01)...... 1702-1733 West 9th St., 1299 — renewal — objection (R 1419-01)...... 1702-1734

Ward 14

Bailey Avenue, 3811 — to Ohio City Near West Development Corp. — PPN 007-06-067 — Land Reutilization Program (O 1381-01) ...... 1688-1778 Bridge Ave., 2927 — transfer ownership (F 1282-01) ...... 1670 Main Ave., 1148 — transfer stock (F 1297-01) ...... 1670 Mega Kids Care Center — 1-banner — permit (O 1383-01) ...... 1689-1779 Mega Kids Kare Center — banners — permit (O 1379-01) ...... 1687-1777 MetroHealth System — banners — National Rehabilitation Awareness Celebration — permit (O 1380-01) ...... 1687-1778 Mixed-use development — creation (O 1024-01) ...... 1712-1758 Ohio City Near West Development Corp. — West Virginia Building rehabilitation — Neighborhood Equity Funds — Community Development Dept. (O 1342-01) ...... 1673 W. 25th St., 1871 — new application (F 1289-01) ...... 1670 W. 44th St., 1787 — purchase (O 1217-01) ...... 1714-1770

Ward 15

Archwood Denison Concerned Citizens — banners (O 1386-01)...... 1690-1780

Ward 17

Bridge Ave., 5718 — issuance — objection (R 1431-01) ...... 1706-1738 Bridge Ave., various parcels — to Bridge Housing Corporation — Land Reutilization Program (O 1393-01) ...... 1693-1784 Detroit Ave., 5009 — transfer location — withdraw objection (R 1432-01) ...... 1706-1738 Dr. John Carey Memorial AIDS Walk — permit — Kropf Public Relations, Inc. (O 1394-01) ...... 1694-1784 Fiocca, Dino — condolence (R 1306-01) ...... 1670 Madison Ave., 7602 — transfer ownership (F 1293-01) ...... 1670

Ward 18

Denison Ave., 9150 — stock transfer (F 1287-01)...... 1670 Dr. John Carey Memorial AIDS Walk — permit — Kropf Public Relations, Inc. (O 1394-01) ...... 1694-1784 Lorain Ave., 9011 — transfer ownership (F 1291-01) ...... 1670 Lorain Ave., 9720-24 — renewal — objection (R 1435-01) ...... 1707-1739 Sidewalks, driveway aprons, curbs, gutters and/or castings — repair — amend R.140-01 (O 1409-01) ...... 1699-1789 W. 98th St. and W. 110th St. — Sidewalk, driveway apron, curbs, gutters and/or castings (R 1436-01)...... 1707-1739 1811 146 The City Record July 25, 2001

Ward 19

A Cultural Exchange — The Read, Baby, Read, Book Club — agreement — Neighborhood Equity Funds — Community Development Dept. (O 1337-01) ...... 1672 Bosworth Rd., 1st Fl., 3655-57 — renewal — objection (R 1411-01) ...... 1700-1732 Holiday Wreaths, 102 — Westown Community Development Corp. — permit (O 1369-01) ...... 1684-1774 Lorain Ave., 11118 — renewal — objection (R 1413-01) ...... 1701-1733 Lorain Avenue, 1st Fl. & Bsmt., 11619 — renewal — objection (R 1412-01) ...... 1701-1733 Sidewalks, repair & replace unsafe or dangerous — Neighborhood Equity Funds (Wards 19 & 20) — Public Service Dept. (O 1370-01) ...... 1685-1775

Ward 20

Longmead Ave., 12712 — to Bellaire-Puritas Development Corp. & Happy Times Day Care (O 1408-01) ...... 1699-1789 Peyton, Anna Marie — congratulations (R 1319-01)...... 1671 Sidewalks, repair & replace unsafe or dangerous — Neighborhood Equity Funds (Wards 19 & 20) — Public Service Dept. (O 1370-01)...... 1685-1775 W. 130th St., 4690 — transfer ownership — withdraw objection (R 1434-01)...... 1707-1739 West 128th Street — change the Use District (O 663-01) ...... 1715-1751 Westport Avenue S.W. — vacate (O 851-01)...... 1711-1755

Ward 21

Kamm’s Corner Development Corporation — amend Ord. No. 1737-2000 — Ward 21— Neighborhood Equity Funds (O 1220-01) ...... 1715-1770 Lorain Ave., 16800 — renewal — objection (R 1420-01) ...... 1703-1735 Lorain Ave., 17004 — transfer ownership (F 1290-01) ...... 1670 Nivard, Brother (Joseph Martin Stanton) — condolence (R 1298-01) ...... 1670 Westpark and Lydian Roads — sewers — amend Ord. No. 1000-2000 (O 1222-01) ...... 1715-1771

Water Division

Cleveland Housing Network — customer services — low income (O 1142-01) ...... 1714-1768 Garrett Morgan Water Treatment Plant — rapid mix sluice gate (O 1152-01) ...... 1714-1769 Impellers and appurtenances (O 1154-01) ...... 1714-1769 Kirtland — starting relay motor — rewiring (O 1153-01) ...... 1714-1769 Safety equipment (O 1160-01) ...... 1714-1770

Water Mains

Repairing (O 1155-01) ...... 1714-1769

Zoning

Lake Shore Boulevard, N.E. — change Use District (Map Change No. 2026, Sheet No. 7) (O 226-01) ...... 1715-1749 W. 57 St. and Bridge Ave. N.W. (Map Change No. 2035, Sheet No. 1) (O 1368-01) ...... 1683 W. 58th St., Aspen Court, N.W. and south of Side Ave., N.W. (Map Change No. 2034, Sheet No. 1) (O 1367-01) ...... 1683

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