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

June the Eighteenth, Two Thousand and Eight

The City Record is available online at Frank G. Jackson www.clevelandcitycouncil.org Mayor Martin J. Sweeney President of Council Containing PAGE City Council 3 Patricia J. Britt The Calendar 3 City Clerk, Clerk of Council Board of Control 3 Ward Name Civil Service 5 1 Nina Turner Board of Zoning Appeals 10 2 Robert J. White Board of Building Standards 3 Zachary Reed and Building Appeals 11 4 Kenneth L. Johnson Public Notice 12 5 Phyllis E. Cleveland Public Hearings 12 6 Mamie J. Mitchell City of Cleveland Bids 13 7 Fannie M. Lewis Adopted Resolutions 8 Sabra Pierce Scott and Ordinances 14 9 Kevin Conwell Committee Meetings 106 10Roosevelt Coats Index 106 11 Michael D. Polensek 12 Anthony Brancatelli 13 Joe Cimperman 14 Joseph Santiago 15 Brian J. Cummins 16 Kevin J. Kelley 17 Matthew Zone 18 Jay Westbrook 19 Dona Brady 20Martin J. Sweeney 21 Martin J. Keane DIRECTORY OF CITY OFFICIALS CITY COUNCIL – LEGISLATIVE DEPT. OF COMMUNITY DEVELOPMENT – Daryl Rush, Director, 3rd Floor, City Hall President of Council – Martin J. Sweeney DIVISIONS: Administrative Services – Terrence Ross, Commissioner Neighborhood Services – Louise V. Jackson, Commissioner Ward Name Residence Neighborhood Development – Joseph A. Sidoti, Commissioner 1 Nina Turner...... 16204 Sunny Glen Avenue 44128 2 Robert J. White ...... 9703 Cardwell Avenue 44105 DEPT. OF BUILDING AND HOUSING – Edward W. Rybka, Director, Room 500 3 Zachary Reed ...... 3734 East 149th Street 44120 DIVISIONS: Code Enforcement – Tyrone L. Johnson, Commissioner 4 Kenneth L. Johnson...... 2948 Hampton Road 44120 Construction Permitting – Timothy R. Wolosz, Commissioner 5 Phyllis E. Cleveland...... 2369 East 36th Street 44105 DEPT. OF PERSONNELAND HUMAN RESOURCES – Trudy Hutchinson, Director, Room 121 6 Mamie J. Mitchell...... 12701 Shaker Boulevard, #712 44120 7 Fannie M. Lewis...... 7416 Star Avenue 44103 DEPT. OF ECONOMIC DEVELOPMENT – Tracey A. Nichols, Director, Room 210 8 Sabra Pierce Scott...... 1136 East 98th Street 44108 DEPT. OF AGING – Jane Fumich, Director, Room 122 9 Kevin Conwell ...... 10647 Ashbury Avenue 44106 10 Roosevelt Coats ...... 1775 Cliffview Road 44112 DEPT. OF CONSUMER AFFAIRS – Angel Guzman, Director 11 Michael D. Polensek...... 17855 Brian Avenue 44119 COMMUNITY RELATIONS BOARD – Room 11, Blaine Griffin, Director; Mayor Frank G. 12 Anthony Brancatelli...... 6924 Ottawa Road 44105 Jackson, Chairman Ex-Officio; Rev. Charles Lucas, Jr., Vice-Chairman; Councilman 13 Joe Cimperman...... 3053 West 12th Street 44113 Kevin Conwell, Councilman Brian J. Cummins, Councilman Joe Santiago, Councilman 14 Joseph Santiago...... 3169 West 14th Street 44109 Matthew Zone, City Council Representatives; Charles L. Patton, Jr., Paula Castleberry, 15 Brian J. Cummins ...... 3104 Mapledale Avenue 44109 Emmett Saunders, John Banno, Kathryn M. Hall, Evangeline Hardaway, Janet Jankura, 16 Kevin J. Kelley ...... 6608 Woodhaven Avenue 44144 Gia Hoa Ryan, Rev. Jesse Harris, Magda Gomez, Fred J. Livingstone, Margot James 17 Matthew Zone ...... 1228 West 69th Street 44102 Copeland. 18 Jay Westbrook ...... 1278 West 103rd Street 44102 CIVIL SERVICE COMMISSION – Room 119, Reynaldo Galindo, President; Rev. Earl 19 Dona Brady ...... 1272 West Boulevard 44102 Preston, Vice President; Lucille Ambroz, Secretary; Members: Diane M. Downing, 20 Martin J. Sweeney...... 3632 West 133rd Street 44111 Michael L. Nelson. 21 Martin J. Keane...... 15907 Colletta Lane 44111 SINKING FUND COMMISSION – Frank G. Jackson, President; Council President Martin City Clerk, Clerk of Council – Patricia J. Britt, 216 City Hall, 664–2840 J. Sweeney; Betsy Hruby, Asst. Sec’y.; Sharon Dumas, Director. First Assistant Clerk — Sandra Franklin MAYOR – Frank G. Jackson BOARD OF ZONING APPEALS – Room 516, Carol A. Johnson, Chairman; Members; John Ken Silliman, Secretary to the Mayor, Chief of Staff Myers, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, ______, Secretary. Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer BOARD OF BUILDING STANDARDS AND BUILDING APPEALS – Room 516, J. F. Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Denk, Chairman; ______, Arthur Saunders, Alternate Members – D. Cox, P. Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Frank, E. P. O’Brien, Richard Pace, J.S. Sullivan. Maureen Harper, Executive Assistant to the Mayor, Chief of Communications BOARD OF REVISION OF ASSESSMENTS – Law Director Robert J. Triozzi, President; Andrea V. Taylor, Executive Assistant to the Mayor, Press Secretary Finance Director Sharon Dumas, Secretary; Council President Martin J. Sweeney. Debra Linn Talley, Director, Office of Equal Opportunity DEPT. OF LAW – Robert J. Triozzi, Director, Richard F. Horvath, Chief Corporate Counsel, BOARD OF SIDEWALK APPEALS – Service Director Jomarie Wasik, Law Director Robert J. Triozzi; Councilman ______. Thomas J. Kaiser, Chief Trial Counsel, Barbara A. Langhenry, Chief Counsel, Rm. 106 Karen E. Martines, Law Librarian, Room 100 BOARD OF REVIEW – (Municipal Income Tax) – Law Director Robert J. Triozzi; Utilities DEPT. OF FINANCE – Sharon Dumas, Director, Room 104; Director ______; Council President Martin J. Sweeney. Frank Badalamenti, Manager, Internal Audit CITY PLANNING COMMISSION – Room 501 – Robert N. Brown, Director; Anthony J. DIVISIONS: Accounts – Richard W. Sensenbrenner, Commissioner, Room 19 Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122 Pinkney, Norman Krumholz, Council Member Joe Cimperman. City Treasury – Algeron Walker, Treasurer, Room 115 FAIR CAMPAIGN FINANCE COMMISSION – Chris Warren, C. Ellen Connally, Hillary S. Financial Reporting and Control – James Gentile, Controller, Room 18 Taylor. Information Technology and Services – Douglas Divish, Commissioner, 205 W. St. Clair Avenue FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meyer, Chair; Angela Purchases and Supplies – James E. Hardy, Commissioner, Room 128 Caldwell, Vice Chair; Patrick Gallagher, Kathryn Jackson, Draydean McCaleb, Council Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside Avenue Member ______, Ed Romero. Taxation – Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue FAIR HOUSING BOARD – Charles See, Chair; ______, Vice Chair; Daniel Conway, Doris DEPT. OF PUBLIC UTILITIES – Barry A. Withers, Interim Director, 1201 Lakeside Avenue Honsa, Lisa Camacho. DIVISIONS – 1201 Lakeside Avenue Cleveland Public Power – Ivan Henderson, Commissioner HOUSING ADVISORY BOARD – Room 310 – Keith Brown, Terri Hamilton Brown,Vickie Street Lighting Bureau – ______, Acting Chief Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, Utilities Fiscal Control – Dennis Nichols, Commissioner David Perkowski, Joan Shaver Washington, Keith Sutton. Water – John Christopher Nielson, Commissioner CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones, Chairman; Water Pollution Control – Ollie Shaw, Commissioner Clint Martin, Mark Rivera. DEPT. OF PORT CONTROL – Ricky D. Smith, Director Cleveland Hopkins International Airport, 5300 Riverside Drive MORAL CLAIMS COMMISSION – Law Director Robert J. Triozzi; Chairman; Finance Burke Lakefront Airport – Khalid Bahhur, Commissioner Director Sharon Dumas; Council President Martin J. Sweeney; Councilman Kevin Cleveland Hopkins International Airport – Fred Szabo, Commissioner Kelley; Councilman Nina Turner. DEPT. OF PUBLIC SERVICE – Jomarie Wasik, Director, Room 113 POLICE REVIEW BOARD – Thomas Jones, Board Chair Person; Vernon Collier, Vermel DIVISIONS: Architecture – Kurt Wiebusch, Commissioner, Room 517 Whalen, Nancy Cronin, Elvin Vauss. Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518 CLEVELAND LANDMARKS COMMISSION – Room 519 – Laura M. Bala, Chair; Jennifer Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard Yards Coleman, Vice Chair; Robert N. Brown, Council Member Joe Cimperman, Thomas Streets – Randell T. Scott, Commissioner, Room 25 Coffey, Robert Jackimowicz; Ari Maron, William Mason, Michael Rastatter, Jr., John Traffic Engineering – Robert Mavec, Commissioner, 4150 East 49th Street, Building #1 Torres, N. Kurt Wiebusch, Robert Keiser, Secretary. Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue DEPT. OF PUBLIC HEALTH – Matt Carroll, Director, Mural Building, 1925 St. Clair Ave. AUDIT COMMITTEE – Robert Rawson, Chairman; Yvette Ittu, Debra Janik, Bracy Lewis, Don Neebes, Council President Martin J. Sweeney; Law Director Robert J. Triozzi. DIVISIONS: Air Quality – Richard L. Nemeth, Commissioner Environment – Willie Bess, Commissioner, Mural Building, 1925 St. Clair Ave. CLEVELAND MUNICIPAL COURT Health – Anjou Parekh, Commissioner, Mural Building, 1925 St. Clair Ave. JUSTICE CENTER – 1200 ONTARIO STREET DEPT. OF PUBLIC SAFETY – Martin Flask, Director, Room 230 DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th Street JUDGE COURTROOM ASSIGNMENTS Correction – Robert Taskey, Commissioner, Cleveland House of Corrections, 4041 Northfield Rd. Judge Courtroom Emergency Medical Service – Edward Eckart, Commissioner, 1708 South Pointe Drive Presiding and Administrative Judge Larry A. Jones 14B Fire – Paul A. Stubbs, Chief, 1645 Superior Avenue Judge Ronald B. Adrine 15A Police – Michael C. McGrath, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street Judge Marilyn B. Cassidy 12A DEPT. OF PARKS, RECREATION & PROPERTIES – Michael Cox, Director Judge Emanuella Groves 13A Cleveland Convention Center, Clubroom A, 1220 East 6th Street Judge Kathleen Ann Keough 13D DIVISIONS: Convention Center & Stadium – James Glending, Commissioner Judge Anita Laster Mays 14C Public Auditorium, East 6th Street and Lakeside Avenue Judge Lauren C. Moore 14A Parking Facilities – Leigh Stevens, Commissioner Judge Charles Patton, Jr. 12B Public Auditorium, East 6th Street and Lakeside Avenue Judge Raymond L. Pianka (Housing Court Judge) 13B Park Maintenance and Properties – Richard L. Silva, Commissioner Judge Michael John Ryan 12C Public Auditorium – East 6th Street and Lakeside Avenue Judge Angela R. Stokes 15C Property Management – Tom Nagle, Commissioner, East 49th Street & Harvard Judge Pauline H. Tarver 13C Recreation – Kim Johnson, Commissioner, Room 8 Judge Joseph J. Zone 14D Research, Planning & Development – Mark Fallon, Commissioner, 1501 N. Marginal Road Earle B. Turner – Clerk of Courts, Russell R. Brown III – Court Administrator, Paul J. Mizerak – Burke Lakefront Airport Bailiff; Jerome M. Krakowski – Chief Probation Officer, Gregory F. Clifford – Chief Magistrate The City Record

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 95 WEDNESDAY, JUNE 18, 2008 No. 4932 CITY COUNCIL MONDAY, JUNE 16, 2008

The City Record 10:00 A.M. — Public Safety Com- Resolution No. 275-08. mittee: Conwell, Chair; Brady, Vice By Director Wasik. Published weekly by the City Clerk, Chair; Coats, Cummins, Kelley, Be it resolved by the Board of Clerk of Council under authority Mitchell, Polensek, Santiago, Turner. Control of the City of Cleveland, of the Charter of the that under Ordinance No. 486-07, City of Cleveland WEDNESDAY—Alternating passed June 4, 2007, by the Council of the City of Cleveland, the firm of The City Record is available 1:30 P.M. — Public Utilities Com- R.E. Warner & Associates, Inc. online at mittee: Zone, Chair; Reed, Vice Chair; (“Architect”) is selected upon the www.clevelandcitycouncil.org Cleveland, Cummins, Keane, Kelley, nomination of the Director of Public Polensek, Santiago, Westbrook. Service from a list of qualified firms Address all communications to 1:30 P.M. — City Planning Com- available for such employment and PATRICIA J. BRITT mittee: Cimperman, Chair, West- determined after a full and complete canvass by the Director of Public City Clerk, Clerk of Council brook, Vice Chair, Conwell, Keane, Lewis, Reed, Zone. Service as the firm of architects to 216 City Hall be employed by contract for the pur- The following Committees are pose of supplementing the regularly PERMANENT SCHEDULE subject to the Call of the Chair: employed staff of the Division of Architecture in order to provide the STANDING COMMITTEES Rules Committee: Sweeney, Chair; Cleveland, Kelley, Pierce Scott, professional services necessary for OF THE COUNCIL Polensek. improvements to various City of Cleveland facilities. 2006-2009 Personnel and Operations Commit- tee: Westbrook, Chair; Kelley, Be it further resolved, that the Director of Public Service is autho- Mitchell, Pierce Scott, Santiago, MONDAY—Alternating rized to enter into a written contract Sweeney, White. with R.E. Warner & Associates, Inc., Mayor’s Appointment Committee: 9:30 A.M. — Public Parks, Prop- based upon its proposal dated Coats, Chair; Pierce Scott, Kelley, erty & Recreation Committee: John- November 30, 2007, which contract Sweeney, Westbrook. son, Chair; White, Vice Chair; Bran- shall be prepared by the Director catelli, Cummins, Kelley, Polensek, and shall include such additional Turner. provisions as she deems necessary 9:30 A.M. — Health & Human Ser- OFFICIAL PROCEEDINGS to benefit and protect the public vices Committee: Brancatelli, Chair; CITY COUNCIL interest. The total compensation to Cleveland, Vice Chair; Conwell, Kel- ______the Architect for all services under ley, Mitchell, Reed, Santiago. the contract authorized shall not 11:00 A.M. — Public Service Com- NO MEETING exceed $60,000.00. mittee: Brady, Chair; Turner, Vice Be it further resolved, that the Chair; Cleveland, Cummins, Johnson, employment of the following sub- Polensek, Reed, Santiago, White. THE CALENDAR consultants by R.E. Warner & Asso- 11:00 A.M. — Legislation Commit- ciates, Inc. is approved: tee: Cleveland, Chair; Keane, Vice The following measures will be on Chair; Cimperman, Lewis, Pierce Tucker, Young, Jackson, Tull, Inc. their final passage at the next meet- Scott, Reed, White. (MBE) — $9,000.00 — (15%) ing: MONDAY NONE McGuiness Unlimited, Inc. (FBE) — $3,000.00 — (5%) 2:00 P.M. — Finance Committee: Sweeney, Chair; Cimperman, Vice BOARD OF CONTROL Yeas: Directors Triozzi, Dumas, Chair; Brady, Brancatelli, Coats, Acting Director Withers, Directors Conwell, Pierce Scott, Turner, West- Smith, Wasik, Acting Director But- brook, White, Zone. ler, Directors Flask, Cox, Rush, June 11, 2008 Hutchinson, Nichols, Fumich, Guz- TUESDAY man and Rybka. The regular meeting of the Board Nays: None. 9:30 A.M. — Community and Econo- of Control convened in the Mayor’s Absent: Mayor Jackson. mic Development Committee: Pierce office on Wednesday, June 11, 2008, Scott, Chair; Brancatelli, Vice Chair; at 10:30 a.m. with Director Triozzi Resolution No. 276-08. Brady, Cimperman, Cummins, Coats, presiding. By Director Wasik. Lewis, Westbrook. Zone. Present: Directors Triozzi, Dumas, Be it resolved, by the Board of 1:30 P.M. — Employment, Affirma- Acting Directors Withers, Directors Control of the City of Cleveland that tive Action & Training Committee: Smith, Wasik, Acting Director But- the bid of Concord Road Equipment Lewis, Chair; Santiago, Vice Chair; ler, Directors Flask, Cox, Rush, Mfg., Inc. for an estimated quantity Coats, Conwell, Cummins, Johnson, Hutchinson, Nichols, Fumich, Guz- of various Airflow body and plow Mitchell. man and Rybka. equipment parts and labor, all items, Absent: Mayor Jackson. for the Division of Motor Vehicle WEDNESDAY—Alternating Others: James Hardy, Commis- Maintenance, Department of Public sioner, Purchases and Supplies. Service, for the period of three years 10:00 A.M. — Aviation & Trans- Debra Linn Talley, Director, Office beginning with the date of execu- portation Committee: Kelley, Chair; of Equal Opportunity. tion of a contract, received on April Keane, Vice Chair; Brancatelli, On motions, the following resolu- 17, 2008, under the authority of Sec- Cleveland, Mitchell, Turner, West- tions were adopted, except as may tion 131.17 of the Codified Ordi- brook. be otherwise noted: nances of Cleveland, Ohio, 1976, 1229 4 The City Record June 18, 2008 which on the basis of the estimated City of Cleveland on March 10, 2008, Resolution No. 280-08. quantity would amount to $100,000.00 the consideration to be paid for the By Director Cox. (Net), is affirmed and approved as property to be purchased from Resolved, by the Board of Control the lowest and best bid, and the Henry and Shirley Jamison, located of the City of Cleveland that the Director of Public Service is request- at 9402-9404 Kennedy Avenue, Cleve- bid of VanCuren Services, Inc. for ed to enter into a requirement con- land, Ohio 44104, Permanent Parcel an estimated quantity of Urban tract for the goods and/or services, Number 126-15-026, is fixed at Forestry Property Maintenance Ser- which shall provide for the immedi- $20,000.00, which amount is deter- vices (all items) for the Division of ate purchase as the initial amount mined to be the fair market value. Park Maintenance and Properties, of the contract the following: Be it further resolved that the Department of Parks, Recreation Director of Parks, Recreation and and Properties, for a period not to Requisition No. 185733 Properties is authorized to execute exceed one year beginning with which shall be certified against the all necessary documents to acquire the date of execution of a contract, contract in the sum of $6,000.00. the property and to employ and pay received on April 23, 2008, under The requirement contract shall all fees for title companies, surveys, the authority of Ordinance No. 1033- further provide that the Contractor escrows, appraisers, environmental 07, passed November 26, 2007, which shall furnish the remainder of the audits, and all other costs necessary on the basis of the estimated quan- City’s requirements for the goods for the acquisition of the property tity would amount to $62,090.00, is and/or services, whether more or which document shall contain such affirmed and approved as the low- less than the estimated quantity, as additional terms and conditions as est and best bid, and the Director may be ordered under subsequent the Director of Law shall deem nec- of Parks, Recreation and Proper- requisitions separately certified essary to protect and benefit the ties is requested to enter into against the contract. public interest. requirement contract for the ser- Yeas: Directors Triozzi, Dumas, Yeas: Directors Triozzi, Dumas, vices, which shall provide for the Acting Director Withers, Directors Acting Director Withers, Directors immediate purchase as the initial Smith, Wasik, Acting Director But- Smith, Wasik, Acting Director But- amount of the contract of the fol- ler, Directors Flask, Cox, Rush, ler, Directors Flask, Cox, Rush, lowing: Hutchinson, Nichols, Fumich, Guz- Hutchinson, Nichols, Fumich, Guz- man and Rybka. man and Rybka. Requisition No. 178812 Nays: None. Nays: None. which shall be certified against the Absent: Mayor Jackson. Absent: Mayor Jackson. contract in the sum of $47,000.00. Resolution No. 277-08. Resolution 279-08. The requirement contract shall By Director Wasik. By Director Cox. further provide that the Contractor Be it resolved, by the Board of Whereas, under the authority of will furnish the remainder of the Control of the City of Cleveland, Ordinance No. 1539-07, passed Decem- City’s requirements for the ser- that all bids received on May 7, 2008, ber 10, 2007, by the Council of the vices, whether more or less than for 10-1/2-cubic yards cement mix- City of Cleveland, the Commissioner the estimated quantity, as may be ers, for the Department of Public of Purchases and Supplies is autho- ordered under subsequent requisi- Service, under the authority of Ordi- rized, by and at the direction of the tions separately certified against nance No. 902-07, passed by the Board of Control, to sell certain the contract. Council of the City of Cleveland on City-owned property no longer need- Yeas: Directors Triozzi, Dumas, July 11, 2007, are rejected. ed for public use, located at 8950 Acting Director Withers, Directors Yeas: Directors Triozzi, Dumas, Evarts Avenue, a.k.a. the Eberhard Smith, Wasik, Acting Director But- Acting Director Withers, Directors Playfield, to Miceli Dairy Products ler, Directors Flask, Cox, Rush, Smith, Wasik, Acting Director But- Company, or its designee; and Hutchinson, Nichols, Fumich, Guz- ler, Directors Flask, Cox, Rush, Whereas, Ordinance No. 1539-07 man and Rybka. Hutchinson, Nichols, Fumich, Guz- provided that the consideration to be Nays: None. man and Rybka. paid for the property shall be not Absent: Mayor Jackson. Nays: None. less than fair market value as deter- Absent: Mayor Jackson. mined by the Board of Control; now, Resolution No. 281-08. therefore By Director Rush. Resolution No. 278-08. Be it resolved by the Board of Whereas, under Ordinance No. By Director Cox. Control of the City of Cleveland that 2076-76 passed October 25, 1976, the Whereas, under the authority of under the authority of Ordinance No. City is conducting a Land Reuti- Ordinance No. 69-08, passed March 1539-07, passed by the Council of the lization Program (“Program”) ac- 10, 2008, by the Council of the City City of Cleveland on December 10, cording to the provisions of Chap- of Cleveland, the Commissioner of 2007, the Commissioner of Purchases ter 5722 of the Ohio Revised Code; Purchases and Supplies was autho- and Supplies is hereby directed to and rized to purchase three parcels of sell certain City-owned property no Whereas, under the Program, the property for public use, described longer needed for public use, locat- City has acquired Permanent Parcel therein, Permanent Parcel Numbers ed at 8950 Evarts Avenue, a.k.a. No. 016-06-046 located at West 59th 126-15-025, 126-15-026 and 126-15-105, the Eberhard Playfield, to Miceli Street in Ward 17; and and to pay a fair market value con- Dairy Products Company, or its Whereas, Section 183.021 of the sideration not to exceed $43,750.00 designee. The consideration to be Codified Ordinances of Cleveland, for the three parcels; and paid for the property is hereby fixed Ohio 1976 authorizes the Commis- Whereas, Board of Control, Reso- at $65,000,00, which amount is de- sioner of Purchases and Supplies, lution No. 245-08, adopted May 21, termined to be not less than fair when directed by the Director of 2008, fixed the consideration for the market value. Community Development and when purchase of Permanent Parcel Num- Be it further resolved that the certain specified conditions have bers 126-15-025 and 126-15-105, from Mayor of the City of Cleveland is been met, to sell Land Reutilization Comma Stevens at $21,600.00, which hereby requested to execute and Program parcels to adjacent or abut- the Board of Control determined to deliver the Official Deed of the City ting landowners; and be the fair market value; and of Cleveland conveying the property Whereas, the City wishes to pur- which document shall contain such Whereas, Mohamed Husein, abut- chase the property located at 9402- additional terms and conditions as ting/adjacent landowner, has pro- 9404 Kennedy Avenue, Cleveland, the Director of Law shall deem nec- posed to the City to purchase and Ohio 44104, Permanent Parcel Num- essary to protect and benefit the develop the parcel for yard expan- ber 126-15-026, from Henry and Shir- public interest. sion; and ley Jamison, for the public purpose Yeas: Directors Triozzi, Dumas, Whereas, the following conditions of storage and parking of City- Acting Director Withers, Directors exist: owned vehicles and equipment; now, Smith, Wasik, Acting Director But- 1. The member of Council from therefore, ler, Directors Flask, Cox, Rush, Ward 17 has consented to the pro- Be it resolved by the Board of Hutchinson, Nichols, Fumich, Guz- posed sale; Control of the City of Cleveland that man and Rybka. 2. The parcel is either less than under the authority of Ordinance No. Nays: None. 4,800 square feet or less than 40 feet 69-08, passed by the Council of the Absent: Mayor Jackson. frontage; 1230 June 18, 2008 The City Record 5

3. The proposed purchaser of the November 13, 2006, and Resolution CIVIL SERVICE NOTICE parcel is neither tax delinquent nor No. 441-07, adopted by this Board on ______in violation of the Building and July 18, 2007, the City, through its Housing Code; now, therefore, Secretary of the Civil Service Com- ANNOUNCEMENTS — 2008 Be it resolved by the Board of mission, entered into City Contract 6/20/08 — 6/26/08 Control of the City of Cleveland No. 67315 with MAGNET to develop, that under Section 183.021 of Codi- administer, and grade various Civil Announ- Exam Classi- Exam fied Ordinances of Cleveland, Ohio Service tests; and cement Methodfication Type 1976, the Commissioner of Purchas- Whereas, the City requires addi- No. es and Supplies is authorized, when tional services developing, adminis- directed by the Director of Com- tering, grading, and testing Civil 29 WR Airport Safety munity Development, and the Service Classifications; and Worker (Open) Mayor is requested to execute an Whereas, MAGNET has proposed Official Deed for and on behalf of by its April 2, 2008 proposal to per- 30 WR Correctional the City of Cleveland, with form the necessary additional ser- Officer (Open) Mohamed Husein for the sale and vices, now, therefore, development of Permanent Parcel Be it resolved by the Board of 31 WR Correctional No. 016-06-046 located at West 59th Control of the City of Cleveland, Supervisor (Promo) Street, according to the Land Reuti- that the Secretary of the Civil Ser- lization Program in such manner vice Commission. is authorized to 32 WR Environmental as best carries out the intent of the enter into a first modification to Enforcement program. City Contract No. 67315 with MAG- Specialist I (Open) Be it further resolved that the con- NET, on the basis of MAGNET’s sideration for said parcel shall be April 2, 2008 proposal, for the above- 33 WR Environmental $1.00, which amount is determined to mentioned additional services and Enforcement be not less than the Fair Market increasing the fees for all services Specialist II (Open) value of said parcel for uses accord- by $200,000.00. ing to the Program. Be it further resolved, that the 34 WR Preventive Yeas: Directors Triozzi, Dumas, Secretary of the Civil Service Com- Health Acting Director Withers, Directors mission is authorized to execute all Counselor (Open) Smith, Wasik, Acting Director But- documents and to do all things nec- ler, Directors Flask, Cox, Rush, essary to effect the first modifica- 35 WR/ tion to Contract No. 67315 authorized Hutchinson, Nichols, Fumich, Guz- TYPE Senior Data above. man and Rybka. Conversation Yeas: Directors Triozzi, Dumas, Nays: None. Operator (Open) Absent: Mayor Jackson. Acting Director Withers, Directors Smith, Wasik, Acting Director But- ler, Directors Flask, Cox, Rush, Resolution No. 282-08. PROOF OF CITY RESIDENCY By Secretary Ambroz. Hutchinson, Nichols, Fumich, Guz- Whereas, under the authority of man and Rybka. Any applicant wishing to receive Ordinance No. 788-06, passed by the Nays: None. residency credit will be asked to Council of the City of Cleveland on Absent: Mayor Jackson. show that he/she is a bona fide res- June 5, 2006, and Resolution No. 483- ident of the City of Cleveland. The 07, adopted by this Board on August JEFFREY B. MARKS, following list gives examples of 22, 2007, the City, through its Secre- Secretary items that an applicant may present tary of the Civil Service Commis- at the time of filing. The Civil Ser- sion, entered into City Contract No. vice Commission requires a mini- 67550 with. E. B. Jacobs, LLC to per- CIVIL SERVICE NOTICES mum of three items from at least form a job analysis and to develop, ______three different categories, where administer and grade promotional applicable. All items must be cur- examinations for the Division of General Information rent. Please note that presentation Police, Department of Public Safety; Application blanks and informa- of these items does not constitute and tion, regarding minimum entrance conclusive proof of bona fide resi- Whereas, the City requires addi- qualifications, scope of examination, dency. Acceptable categories in- tional testing services for the Police and suggested reference materials clude, but are not limited to, the fol- Promotional Examinations; now, may be obtained at the office of the lowing: therefore, Civil Service Commission, Room 119, Lease – from rental agency. Be it resolved by the Board of City Hall, East 6th Street, and Lake- Control of the City of Cleveland, side Avenue. Lease – from independent party. that the Secretary of the Civil Ser- Must include copy of cancelled vice Commission is authorized to Application blanks must be prop- check or money order receipts for enter into a first modification to erly filled out on the official form previous rent and/or security City Contract No. 67550 with E. B. prescribed by the Civil Service Com- deposit, and fully executed; other- Jacobs, LLC, for the above-men- mission and filed at the office of the wise, it us unacceptable. tioned additional services and in- commission not later than the final creasing the fees for all services by closing date slated in the examina- Utility bills bearing the property $120,000.00. address and your name. Be it further resolved, that the tion announcement. Secretary of the Civil Service Com- Post Office change of address form mission is authorized to execute all EXAMINATION RESULTS: Each properly date stamped. documents and to do all things nec- applicant whether passing or failing essary to effect the first modifica- will be notified of the results of the Official documents relating to home tion to Contract No. 67550 authorized examination as soon as the commis- ownership including deed, purchase above. sion has graded the papers. There- agreement, or insurance policy. Yeas: Directors Triozzi, Dumas, after, eligible lists will be estab- lished which will consist of the Bank statements (Within last three Acting Director Withers, Directors months). Smith, Wasik, Acting Director But- names of those candidates who have ler, Directors Flask, Cox, Rush, been successful in all parts of the School registration of children. Hutchinson, Nichols, Fumich, Guz- examination. man and Rybka. Car insurance documents. Nays: None. PHYSICAL EXAMINATION: All Car registration or Driver’s License Absent: Mayor Jackson. candidates for original entrance po- sitions who are successful in other or Ohio I.D. (One only). Resolution No. 283-08. parts of the examinations must sub- Loans and credit card statements By Secretary Ambroz. mit to a physical examination. (Within last three months). Whereas, under the authority of Ordinance No. 1466-06, passed by the REYNALDO GALINDO, Rental contracts (e.g.: furniture, Council of the City of Cleveland on President tools, car, etc.). 1231 6 The City Record June 18, 2008

Current bills not listed above (With- cordance with Divisional policy at accepted. APPLICATIONS WILL BE in last three months). all times. ACCEPTED FOR DISTRIBUTION FOR ENTRANCE TO THE EXAMI- The following are examples of unac- MINIMUM QUALIFICATIONS FOR NATION FROM 8:30 A.M. ON FRI- ceptable categories of proof: ENTRANCE TO THIS EXAMINA- DAY, JUNE 20, 2008 UNTIL 4:30 P.M. Library cards. TION AS ESTABLISHED BY THE ON THURSDAY, JUNE 26, 2008. CIVIL SERVICE COMMISSION FOR Voter registration cards. THE CITY OF CLEVELAND ARE NOTE: APPLICATIONS WILL NOT AS FOLLOWS: BE ACCEPTED AFTER 4:30 P.M. Birth certificates. ON THURSDAY, JUNE 26, 2008. A High School Diploma or GED Notarized letters or affidavits. from an accredited institution is THE CIVIL SERVICE COMMIS- Social Security card. required. Must be able to lift a min- SION’S POLICY IS THAT NO LATE imum of 150 pounds. Must have two FILING WILL BE ALLOWED. Rental receipts from independent (2) years experience in military, party without cancelled checks or civilian aircraft, or rescue firefight- EXAMINATION INFORMATION money order receipt. ing OR emergency medical rescue experience. Must be able to pass ten TYPE: WRITTEN (10) years FAA background check. APPROVED C.S.C MINUTES A valid State of Ohio Driver’s NOTE: THE CIVIL SERVICE COM- ANNOUNCEMENT NO. 29 License is required. Must have Para- MISSION RESERVES THE RIGHT medic certification as well as two TO REVIEW AND EVALUATE ANY AIRPORT SAFETY WORKER (OPEN) hundred and forty (240) hours basic AND ALL INFORMATION CON- firefighting certification. TAINED IN THE APPLICATION OR Public notice is hereby given by the RESUME. LACK OF HONESTY Civil Service Commission of Cleve- NOTE: Applicants will be required WILL RESULT IN IMMEDIATE land, Ohio of an Open examination to pay a $10.00 (TEN DOLLARS) fil- REMOVAL FROM THE ELIGIBLE for the above mentioned classifica- ing fee. Applicants who are cur- LIST. tion. rently employed in this position with the City of Cleveland are DUTIES OF THE POSITION SALARY exempt. However, that when an applicant is disqualified from tak- Under immediate supervision, as- The prevailing salary range for this ing an examination on the basis of sumes responsibility for the custody position as established by Ordinance age, education or failure to meet of inmates. Escorts, transports, and of the Council of the City of Cleve- other minimum entrance require- guards inmates as required. Main- land is $14.19 to $20.43 per hour. ments, the fee paid by such appli- tains discipline and order among cant shall be refunded to such appli- inmates and their conformance to FILING OF APPLICATION cant upon the applicant’s request in rules and regulations to prevent writing made within ten (10) days escape. Supervises the conduct of Application must be made on the after the date of examination. inmates during meal times. Develops regular application form available and assigns work assignments to at the Office of the Civil Service NOTE: Applications must be returned inmates and supervises their work Commission, 601 Lakeside Avenue, in person. All copies of diplomas, while at the facility. Controls unruly Room 119. No other form will be licenses, certificates, and resumes inmates using proper procedures and accepted. APPLICATIONS WILL BE must be presented at the time of filing. techniques. Books prisoners. Searches AVAILABLE FOR DISTRIBUTION inmates entering buildings in an FOR ENTRANCE TO THE EXAMI- NOTE: Any applicant who resigns or approved manner for restricted items. NATION FROM 8:30 A.M. ON FRI- is dismissed from employment with Checks prisoners in and out of facil- DAY, JUNE 20, 2008 UNTIL 4:30 P.M. the City of Cleveland will have ities as required. Makes bed checks ON THURSDAY, JUNE 26, 2008. his/her name removed from the eli- and performs head counts. Patrols gible list. assigned posts and other areas NOTE: APPLICATIONS WILL NOT including cellblocks, corridors, and BE ACCEPTED AFTER 4:30 P.M. NOTE: Those persons who are resi- the general premises in a vigilant ON THURSDAY, JUNE 26, 2008. dents of the City of Cleveland and manner. Locks and unlocks doors as who received passing Scores shall required. Maintains security over THE CIVIL SERVICE COMMIS- have ten (10) additional points guns and facility keys. Guards build- SION’S POLICY IS THAT NO LATE added to their grades. See accompa- ings and grounds against unautho- FILING WILL BE ALLOWED. nying list of acceptable forms of rized trespass, theft, or damage from proof of residency applicants need fire or other causes. Carries out EXAMINATION INFORMATION to present at the time of filing. orders and directives as assigned. Prepares daily reports, logs, and TYPE: WRITTEN EXAMINATION AN EQUAL OPPORTUNITY EMPLOYER other documents, as required, to prop- erly document daily work and activ- NOTE: THE CIVIL SERVICE COM- APPROVED C.S.C MINUTES ities. Performs LEADS record checks MISSION RESERVES THE RIGHT ANNOUNCEMENT NO. 30 regarding inmates. Utilizes division’s TO REVIEW AND EVALUATE ANY record management system. Performs AND ALL INFORMATION CON- CORRECTIONAL OFFICER (OPEN) other job related duties as required. TAINED IN THE APPLICATION OR Follows all operations and safety RESUME. LACK OF HONESTY Public notice is hereby given by the policies and safe work practices. WILL RESULT IN IMMEDIATE Civil Service Commission of Cleve- Attends and participates in opera- REMOVAL FROM THE ELIGIBLE land, Ohio of an Open examination tions and safety training classes and LIST. for the above mentioned classifica- demonstrates competence (demon- tion. stration of competence may be deter- DUTIES OF THE POSITION mined by exam). Wears and proper- SALARY ly utilizes safety equipment in accor- Under direct supervision, operates dance with Divisional policy at all firefighting equipment at an airport The prevailing salary range for this times. and maintains fire trucks and relat- position as established by Ordinance ed equipment in good operating con- of the Council of the City of Cleve- MINIMUM QUALIFICATIONS FOR dition, and administers first aid. Fol- land is $12.18 - $15.91 per hour. ENTRANCE TO THIS EXAMINA- lows all operations and safety poli- TION AS ESTABLISHED BY THE cies and safe work practices. At- FILING OF APPLICATION CIVIL SERVICE COMMISSION OF tends and participates in operations THE CITY OF CLEVELAND ARE and safety training classes and Application must be made on the AS FOLLOWS: demonstrates competence (demon- regular application form available stration of competence may be deter- at the Office of the Civil Service A High School Diploma or GED is mined by exam.) Wears and proper- Commission, 601 Lakeside Avenue, required. Must obtain an O.P.A.T.A. ly utilizes safety equipment in ac- Room 119. No other form will be Correctional Officer’s certification 1232 June 18, 2008 The City Record 7 within one year of the date of hire. EXAMINATION INFORMATION ing an examination on the basis of Must also complete an approved age, education or failure to meet firearm training course and qualify TYPE: WRITTEN EXAMINATION other minimum entrance require- with a .38 caliber weapon within one ments, the fee paid by such appli- year of the date of hire. Must be NOTE: THE CIVIL SERVICE COM- cant shall be refunded to such appli- computer literate and be able to lift MISSION RESERVES THE RIGHT cant upon the applicant’s request in and carry a minimum of 40 lbs. A TO REVIEW AND EVALUATE ANY writing made within ten (10) days valid State of Ohio Driver’s License AND ALL INFORMATION CON- after the date of examination. is required. Must be capable of TAINED IN THE APPLICATION OR becoming LEADS certified within 60 RESUME. LACK OF HONESTY NOTE: Applications must be re- days of the date of hire. WILL RESULT IN IMMEDIATE turned in person. All copies of diplo- REMOVAL FROM THE ELIGIBLE mas, licenses, certificates, and NOTE: Applicants will be required LIST. resumes must be presented at the to pay a $10.00 (TEN DOLLARS) fil- time of filing. ing fee. Applicants who are cur- DUTIES OF THE POSITION rently employed in this position NOTE: Any applicant who resigns or with the City of Cleveland are Under direction, supervises and coor- is dismissed from employment with exempt. However, that when an dinates the work performed by cor- the City of Cleveland will have his/her name removed from the eli- applicant is disqualified from tak- rectional workers. Assigns daily gible list. ing an examination on the basis of work to security staff. Reviews and age, education or failure to meet records staff attendance records in AN EQUAL OPPORTUNITY EMPLOYER other minimum entrance require- compliance with City policies. En- ments, the fee paid by such appli- sures minimum coverage exists for APPROVED C.S.C MINUTES cant shall be refunded to such appli- security functions. Audits and main- ANNOUNCEMENT NO. 32 cant upon the applicant’s request in tains a journal of security activities. writing made within ten (10) days Reviews reports, logs, and other ENVIRONMENTAL ENFORCEMENT after the date of examination. records prepared by personnel for SPECIALIST I (OPEN) clarity, completeness, accuracy, and NOTE: All copies of diplomas, licens- conformance with institutional poli- Public notice is hereby given by the es, certificates, and resumes must be cies and procedures. Writes reports Civil Service Commission of Cleve- presented at the time of filing. and routes approved reports and land, Ohio of an Open examination records to Commissioner or designee for the above mentioned classifica- NOTE: Those persons who are resi- for action. Coordinates security staff tion. dents of the City of Cleveland and and other units. Directs activity dur- who received passing Scores shall ing an emergency. May assist in SALARY have ten (10) additional points planning and delivery of staff train- added to their grades. See accompa- ing and indoctrination. Approves The prevailing salary range for this nying list of acceptable forms of leave requests. Evaluates personnel position as established by Ordinance proof of residency applicants need performance and initiates subordi- of the Council of the City of Cleve- to present at the time of filing. nate staff disciplinary actions. Per- land is $14.95 - $23.24 per hour. forms other job-related duties as NOTE: Any applicant who resigns or required. Follows all operations and FILING OF APPLICATION is dismissed from employment with safety policies and safe work prac- the City of Cleveland will have tices. Attends and participates in Application must be made on the his/her name removed from the eli- operations and safety training class- regular application form available gible list. es and demonstrates competence at the Office of the Civil Service (demonstration of competence may Commission, 601 Lakeside Avenue, AN EQUAL OPPORTUNITY EMPLOYER be determined by exam). Wears and Room 119. No other form will be properly utilizes safety equipment accepted. APPLICATIONS WILL BE APPROVED C.S.C MINUTES in accordance with Divisional policy AVAILABLE FOR DISTRIBUTION ANNOUNCEMENT NO. 31 at all times. AND RECEIVED FOR ENTRANCE TO THE EXAMINATION FROM 8:30 CORRECTIONAL SUPERVISOR (PRO- MINIMUM QUALIFICATIONS FOR A.M. ON FRIDAY, JUNE 20, 2008 MOTIONAL) ENTRANCE TO THIS EXAMINA- UNTIL 4:30 P.M. ON THURSDAY, TION AS ESTABLISHED BY THE JUNE 26, 2008. Public notice is hereby given by the CIVIL SERVICE COMMISSION OF Civil Service Commission of Cleve- THE CITY OF CLEVELAND ARE NOTE: APPLICATIONS WILL NOT land, Ohio of a PROMOTIONAL AS FOLLOWS: BE ACCEPTED AFTER 4:30 P.M. examination for the above men- ON THURSDAY, JUNE 26, 2008. tioned classification. A High School Diploma or G.E.D. is required. A Bachelor’s Degree from THE CIVIL SERVICE COMMIS- SION’S POLICY IS THAT NO LATE SALARY a four (4) year accredited college or FILING WILL BE ALLOWED. university in Criminal Justice or a The prevailing salary range for this closely related field is required. EXAMINATION INFORMATION position as established by Ordinance Three (3) years of full time paid of the Council of the City of Cleve- experience in a correctional institu- TYPE: WRITTEN EXAMINATION land is $20,800.00 - $47,767.20 per year. tion or related justice component is required. A valid State of Ohio Dri- NOTE: THE CIVIL SERVICE COM- FILING OF APPLICATION ver’s License is required. (Substitu- MISSION RESERVES THE RIGHT tion: One year of full time paid TO REVIEW AND EVALUATE ANY Application must be made on the experience will substitute for each AND ALL INFORMATION CON- regular application form available year of college education lacking.) TAINED IN THE APPLICATION OR at the Office of the Civil Service Must obtain certification for mini- RESUME. LACK OF HONESTY Commission, 601 Lakeside Avenue, mum standards for full service jails WILL RESULT IN IMMEDIATE Room 119. No other form will be within one year of appointment. REMOVAL FROM THE ELIGIBLE accepted. APPLICATIONS WILL BE Must pass an extensive background LIST. FOR ENTRANCE TO THE EXAMI- check. Must be currently employed NATION FROM 8:30 A.M. ON FRI- as a Regular Correctional Officer or DUTIES OF THE POSITION DAY, JUNE 20, 2008 UNTIL 4:30 P.M. a TA Correctional Supervisor with ON THURSDAY, JUNE 26, 2008. the City of Cleveland. This is an entry level position which has responsibility for conducting NOTE: APPLICATIONS WILL NOT NOTE: Applicants will be required inspections for routine pollution BE ACCEPTED AFTER 4:30 P.M. to pay a $10.00 (TEN DOLLARS) fil- sources and control equipment, boil- ON THURSDAY, JUNE 26, 2008. ing fee. Applicants who are cur- ers, smoke stacks, manufacturing rently employed in this position facilities, foundries, etc. identifying THE CIVIL SERVICE COMMIS- with the City of Cleveland are and investigating sources operating SION’S POLICY IS THAT NO LATE exempt. However, that when an without permits. Inspects facilities FILING WILL BE ALLOWED. applicant is disqualified from tak- after permit applications have been 1233 8 The City Record June 18, 2008 filed to ensure continued compli- land, Ohio of an Open examination ing, Mathematics, or any other sci- ance. Inspects NESHAP sources to for the above mentioned classifica- ence related field from an accredit- ensure requirements are fulfilled. tion. ed four year college or university is Identifies potential or existing required, a Master’s Degree is pre- source violations. Performs com- SALARY ferred. Two years of full time paid puter modeling of stack emissions. experience in the enforcement of air Investigates complaints and issues The prevailing salary range for this pollution regulation is required. Ex- warning letters or NOVs to entities position as established by Ordinance tensive knowledge of federal, state, found to be in violation. Prepares en- of the Council of the City of Cleve- and local air regulations and the forcement action referrals (EARs) land is $16.35 - $24.12 per hour. expertise to apply and convey this for submittal to OEPA. Performs knowledge to the public is required. other job related duties as required. FILING OF APPLICATION Follows all operations and safety NOTE: Applicants will be required policies and safe work practices. Application must be made on the to pay a $10.00 (TEN DOLLARS) fil- Attends and participates in opera- regular application form available ing fee. Applicants who are cur- tions and safety training classes and at the Office of the Civil Service rently employed in this position demonstrates competence (demonstra- Commission, 601 Lakeside Avenue, with the City of Cleveland are tion of competence may be deter- Room 119. No other form will be exempt. However, that when an ap- mined by exam.) Wears and proper- accepted. APPLICATIONS WILL BE plicant is disqualified from taking ly utilizes safety equipment in ac- AVAILABLE FOR DISTRIBUTION an examination on the basis of age, cordance with Divisional policy at AND RECEIVED FOR ENTRANCE education or failure to meet other all times. TO THE EXAMINATION FROM 8:30 minimum entrance requirements, the A.M. ON FRIDAY, JUNE 20, 2008 fee paid by such applicant shall be MINIMUM QUALIFICATIONS FOR UNTIL 4:30 P.M. ON THURSDAY, refunded to such applicant upon the ENTRANCE TO THIS EXAMINA- JUNE 26, 2008. applicant’s request in writing made TION AS ESTABLISHED BY THE within ten (10) days after the date CIVIL SERVICE COMMISSION OF of examination. Any applicant who NOTE: APPLICATIONS WILL NOT THE CITY OF CLEVELAND ARE can provide proof of unemployment, BE ACCEPTED AFTER 4:30 P.M. AS FOLLOWS: public assistance, or indigence is ON THURSDAY, JUNE 26, 2008. exempt from the filing fee. A High School Diploma or GED is THE CIVIL SERVICE COMMIS- required. A Bachelor’s Degree from NOTE: All copies of diplomas, licens- SION’S POLICY IS THAT NO LATE an accredited four-year college or es, certificates, and resumes must be FILING WILL BE ALLOWED. university in Environmental Sci- presented at the time of filing. ence, Chemistry. Physics, Biology, Geology, Engineering, Mathematics, EXAMINATION INFORMATION NOTE: Any applicant who resigns or or any other science-related field is is dismissed from employment with required. Must possess a basic TYPE: WRITTEN EXAMINATION the City of Cleveland will have knowledge of air pollution as it his/her name removed from the eli- relates to regulatory issues. NOTE: THE CIVIL SERVICE COM- gible list. MISSION RESERVES THE RIGHT NOTE: Applicants will be required TO REVIEW AND EVALUATE ANY AN EQUAL OPPORTUNITY EMPLOYER to pay a $10.00 (TEN DOLLARS) fil- AND ALL INFORMATION CON- ing fee. Applicants who are cur- TAINED IN THE APPLICATION OR APPROVED C.S.C MINUTES rently employed in this position RESUME. LACK OF HONESTY ANNOUNCEMENT NO. 34 with the City of Cleveland are WILL RESULT IN IMMEDIATE exempt. However, that when an REMOVAL FROM THE ELIGIBLE PREVENTIVE HEALTH COUN- applicant is disqualified from tak- LIST. SELOR (OPEN) ing an examination on the basis of age, education or failure to meet DUTIES OF THE POSITION Public notice is hereby given by the other minimum entrance require- Civil Service Commission of Cleve- ments, the fee paid by such appli- This individual has responsibility land, Ohio of an Open examination cant shall be refunded to such appli- for locating and analyzing pollution for the above mentioned classifica- cant upon the applicant’s request in sources to determine discharge tion. writing made within ten (10) days capacity and ambient concentration after the date of examination. Any of pollutants. Recommends correc- SALARY applicant who can provide proof of tive actions to control emissions. unemployment, public assistance, or Conducts more complex facility The prevailing salary range for this indigence is exempt from the filing inspections and investigates odor position as established by Ordinance fee. nuisance complaints. Checks for of the Council of the City of Cleve- NSPS and PSD compliance. Prepares land is $13.59 - $21.46 per hour. NOTE: All copies of diplomas, licens- source and compliance reports, and es, certificates, and resumes must be enforcement action referrals for sub- FILING OF APPLICATION presented at the time of filing. mittal to OEPA. Performs the more advanced computer modeling for Application must be made on the NOTE: Any applicant who resigns or regular application form available is dismissed from employment with stack emissions and toxic screening at the Office of the Civil Service the City of Cleveland will have analysis. Performs other job related Commission, 601 Lakeside Avenue, his/her name removed from the eli- duties as required. Follows all oper- Room 119. No other form will be gible list. ations and safety policies and safe work practices. Attends and partici- accepted. APPLICATIONS WILL BE RECEIVED FOR ENTRANCE TO NOTE: Those persons who are resi- pates in operations and safety train- THE EXAMINATION FROM 8:30 dents of the City of Cleveland and ing classes and demonstrates com- who received passing Scores shall petence (demonstration of compe- A.M. ON FRIDAY, JUNE 20, 2008 have ten (10) additional points tence may be determined by exam.) UNTIL 4:30 P.M. ON THURSDAY, added to their grades. See accompa- Wears and properly utilizes safety JUNE 26, 2008. nying list of acceptable forms of equipment in accordance with Divi- proof of residency applicants need sional policy at all times. NOTE: APPLICATIONS WILL NOT at the time of filing BE ACCEPTED AFTER 4:30 P.M ON MINIMUM QUALIFICATIONS FOR THURSDAY, JUNE 26, 2008. AN EQUAL OPPORTUNITY EMPLOYER ENTRANCE TO THIS EXAMINA- TION AS ESTABLISHED BY THE THE CIVIL SERVICE COMMIS- SION’S POLICY IS THAT NO LATE APPROVED C.S.C MINUTES CIVIL SERVICE COMMISSION OF FILING WILL BE ALLOWED. ANNOUNCEMENT NO. 33 THE CITY OF CLEVELAND ARE AS FOLLOWS: EXAMINATION INFORMATION ENVIRONMENTAL ENFORCEMENT SPECIALIST II (OPEN) A High School Diploma or GED TYPE: WRITTEN EXAMINATION is required. A Bachelor’s degree Public notice is hereby given by the in Environmental Science, Chem- NOTE: THE CIVIL SERVICE COM- Civil Service Commission of Cleve- istry, Physics, Biology, Engineer- MISSION RESERVES THE RIGHT 1234 June 18, 2008 The City Record 9

TO REVIEW AND EVALUATE ANY health education, community orga- EXAMINATION INFORMATION AND ALL INFORMATION CON- nization, or a related field is re- TAINED IN THE APPLICATION OR quired. Knowledge of Greater Cleve- TYPE: WRITTEN/TYPING EXAMI- RESUME. LACK OF HONESTY land area and neighborhoods is ben- NATION WILL RESULT IN IMMEDIATE eficial. The ability to draw blood is REMOVAL FROM THE ELIGIBLE preferred. Must be certified to do NOTE: THE CIVIL SERVICE COM- LIST. pre- and post-testing for HIV within MISSION RESERVES THE RIGHT six months of the date of hire. A TO REVIEW AND EVALUATE ANY DUTIES OF THE POSITION valid State of Ohio Driver’s License AND ALL INFORMATION CON- is required. TAINED IN THE APPLICATION OR Under supervision, provides educa- RESUME. LACK OF HONESTY tion and counseling services regard- NOTE: Applicants will be required WILL RESULT IN IMMEDIATE ing drug use/abuse or sexually to pay a $10.00 (TEN DOLLARS) fil- REMOVAL FROM THE ELIGIBLE transmitted diseases (STD’s). Pro- ing fee. Applicants who are cur- LIST. vides individual, family, and group rently employed in this position drug counseling, training, and con- with the City of Cleveland are DUTIES OF THE POSITION sultation services and community exempt. However, that when an outreach to target population applicant is disqualified from tak- Under direct supervision, is respon- groups. Provides assessments of ing an examination on the basis of sible for conversion of data to needs and makes appropriate refer- age, education or failure to meet machine readable form on card, rals to the Department of Health other minimum entrance require- tape, or direct access. Assists in the services, community agencies, etc. ments, the fee paid by such appli- training of Data Conversion Opera- Maintains accurate and up-to-date cant shall be refunded to such appli- tors and assumes the duties of the program statistics, client case files, cant upon the applicant’s request in supervisor in his/her absence. Fol- etc. Performs other job-related writing made within ten (10) days lows all operations and safety poli- duties as required. Conducts pre- after the date of examination. Any cies and safe work practices. At- and post-test HIV and other STD applicant who can provide proof of tends and participates in operations counseling sessions at various loca- unemployment, public assistance, or and safety training classes and tions. Informs patients of test indigence is exempt from the filing demonstrates competence (demon- results in accordance with protocols fee. stration of competence may be and guidelines. Assists in interpret- determined by exam.) Wears and ing laboratory results. Elicits names NOTE: Applications must be re- properly utilizes safety equipment and locations of sex partners and turned in person. All copies of diplo- other individuals at risk for contact in accordance with Divisional policy mas, licenses, certificates, and to help prevent the spread of par- at all times. resumes must be presented at the ticular diseases as program policy time of filing. dictates. Establishes effective work- MINIMUM QUALIFICATIONS FOR ing relationships with agencies and ENTRANCE TO THIS EXAMINA- NOTE: Any applicant who resigns or individuals who manage STD/HIV TION AS ESTABLISHED BY THE is dismissed from employment with programs. Analyzes, identifies, and CIVIL SERVICE COMMISSION OF the City of Cleveland will have reports concerns related to improper THE CITY OF CLEVELAND ARE his/her name removed from the eli- testing, diagnosis, and treatment of AS FOLLOWS: gible list. infected individuals. Performs other job-related duties as required. Fol- A High School Diploma or GED is lows all operations and safety poli- AN EQUAL OPPORTUNITY EMPLOYER required. Three (3) years of full cies and safe work practices. At- time paid experience as a comput- tends and participates in operations APPROVED C.S.C MINUTES er operator is required. A valid and safety training classes and ANNOUNCEMENT NO. 35 State of Ohio driver’s License is demonstrates competence (demon- required. NOTE: Candidates will be stration of competence may be deter- SENIOR DATA CONVERSION OPER- informed of the words per minute mined by exam). Wears and proper- ATOR (OPEN) typing speed required at a later ly utilizes safety equipment in ac- date. cordance with Divisional policy at Public notice is hereby given by the all times. Civil Service Commission of Cleve- NOTE: Applicants will be required land, Ohio of an Open examination to pay a $10.00 (TEN DOLLARS) MINIMUM QUALIFICATIONS FOR for the above mentioned classifica- filing fee. Applicants who are cur- ENTRANCE TO THIS EXAMINA- tion. rently employed in this position TION AS ESTABLISHED BY THE with the City of Cleveland are CIVIL SERVICE COMMISSION OF SALARY exempt. However, that when an THE CITY OF CLEVELAND ARE applicant is disqualified from tak- AS FOLLOWS: The prevailing salary range for this ing an examination on the basis of position as established by Ordinance age, education or failure to meet (A) SUBSTANCE ABUSE COUN- of the Council of the City of Cleve- other minimum entrance require- SELOR: A High School Diploma or land is $10.80 - $17.55 per hour. ments, the fee paid by such appli- GED is required. An Associate’s cant shall be refunded to such Degree from an Accredited college FILING OF APPLICATION applicant upon the applicant’s or university in Psychology, Social request in writing made within ten Work, or a related field is pre- Application must be made on the (10) days after the date of exami- ferred. Two years of full time paid regular application form available nation. drug and alcohol abuse counseling at the Office of the Civil Service is required. A certified chemical Commission, 601 Lakeside Avenue, NOTE: All copies of diplomas, licens- dependency counselor or certified Room 119. No other form will be es, certificates, and resumes must be chemical dependency assistant cer- accepted. APPLICATIONS WILL presented at the time of filing. tification is required. A valid State BE AVAILABLE FOR DISTRIBU- of Ohio Driver’s License is re- TION FOR ENTRANCE TO THE NOTE: Any applicant who resigns or quired. EXAMINATION FROM 8:30 A.M. ON is dismissed from employment with FRIDAY, JUNE 20, 2008 UNTIL 4:30 the City of Cleveland will have (B) STD/HIV COUNSELOR: A High P.M. ON THURSDAY, JUNE 26, his/her name removed from the eli- School Diploma or GED is required. 2008. gible list. A Bachelor’s Degree in Health Edu- cation, Nursing, or related field from NOTE: APPLICATIONS WILL NOT AN EQUAL OPPORTUNITY EMPLOYER an accredited four Year college or BE ACCEPTED AFTER 4:30 P.M. university OR an additional two ON THURSDAY, JUNE 26, 2008. REYNALDO GALINDO, years experience in a health related President field OR an RN or LPN License is THE CIVIL SERVICE COMMIS- preferred. Two years of full time SION’S POLICY IS THAT NO LATE paid experience in public health, FILING WILL BE ALLOWED. June 18, 2008 1235 10 The City Record June 18, 2008

SCHEDULE OF THE BOARD East 116th Street; subject to the lim- shall not be established within a OF ZONING APPEALS itations of Section 343.01 a ser- distance of 500 feet; and a parking vice/gas station is first permitted in area of less than 1,500 square feet a General Retail Business District; is provided contrary to Section and a dumpster is within the 8 foot 349.04(e) and a total accessory off- MONDAY, JUNE 30, 2008 transition strip area at the rear of street parking area that is equal to the lot where it abuts a Two-Fami- one-third the gross floor area, or an 9:30 A.M. ly District, contrary to the provi- area of 6,174 square feet; and sub- sions of Section 352.09 of the Codi- ject to Section 357.07(a) a specific Calendar No. 08-76: 13528-30 Miles fied Ordinances. 15 foot building line, zoning map Avenue (Ward 1) setback exists for Lorain Avenue at Marvin Butler, owner, appeals to Calendar No. 08-109: 1331 West 117th this site and a patio for a tavern is change from a poultry house to auto Street (Ward 18) not a permitted front building set- repair, towing and wrecking and Fox Family Management, LLC, back encroachment in the provisions parts, the use of an existing 48' x owner, appeal to construct a new of Section 357.13(b) of the Codified 76' one-story, brick building, locat- restaurant on a 150' x 150' parcel Ordinances. ed on an irregular shaped acreage located in a Semi-Industry District parcel in a Semi-Industry District on on the east side of West 117th Street Secretary the south side of Miles Avenue at at 1331 West 117th Street; contrary 13528-30 Miles Avenue; contrary to to Sections 352.10 and 352.11, no Section 345.03, the proposed use is REPORT OF THE BOARD not permitted in the Semi-Industry landscaping is provided along the District but first permitted in a Gen- rear of the property, where a 10 foot OF ZONING APPEALS eral Industry District and is subject wide landscaping transition strip to Sections 345.04(a)(4) that require with 75 percent year-round opacity auto wrecking to be in an area of is required between the Semi-Indus- MONDAY, JUNE 9, 2008 50,000 square feet and enclosed try District and a Two-Family Dis- within a minimum of 7 foot high, trict; and contrary to Sections 352.09 At the meeting of the Board of solid masonry wall or slightly solid, and 352.11, a dumpster enclosure Zoning Appeals on Monday, June 16, non-transparent, well-maintained within the required 10 foot transi- 2008, the following appeals were substantial fence, as stated in Sec- tion strip is proposed; and customer heard by the Board. tions 345.04(a)(4) of the Codified parking spaces are approximately Ordinances. 162 square feet and shall be at least The following appeals were Ap- 180 square feet, as stated in Section proved: Calendar No. 08-103: 11521-25 Clifton 325.03 of the Codified Ordinances. Boulevard (Ward 18) Calendar No. 08-95: 17214-18 Grove- Forest & Associates, owner, ap- Calendar No. 08-113: 16801 Elsienna wood Avenue peal to build an addition to an exist- Avenue (Ward 21) Marlon Davis appealed to estab- ing gas station and store, located on Douglas Angeletti, owner, appeals lish use for a beverage/deli in an a 90' x 90' parcel in a Local Retail to erect an 18' x 20' one-story, existing two-story mixed use build- Business District on the south side frame garage on a 60' x 170' cor- ing in a Multi-Family District; sub- of Clifton Boulevard at 11521-25 ner parcel located in an A1 One- ject to conditions. Clifton Boulevard; and no expansion Family District on the southwest of an existing nonconforming use corner of Elsienna Avenue and West Calendar No. 08-97: 12510 Triskett shall be permitted except as a vari- 168th Street at 16801 Elsienna Ave- Road ance under the terms of Chapter 329, nue; contrary to the area regula- Triskett Road Storage LLC, and no substitution nor other tions, a 14.4 foot setback line is pro- owner, and Clear channel Outdoor, change in such nonconforming use posed, where the established build- tenant, appealed to change an exist- to other than a conforming use shall ing setback line required is 21.6 feet ing billboard to a digital electronic be permitted except by special per- for a side street yard on the rear of billboard unit in a Semi-Industry mit from the Board of Zoning a corner lot, according to the provi- District; subject to condition. Appeals. Such special permit may be sions of Section 357.05(2) of the Cod- issued only if the Board finds after ified Ordinances. Calendar No. 08-98: 3919 Lorain Ave- public hearing that such change is nue no more harmful nor objectionable Calendar No. 08-114: 2906 Natchez Rach-Land Corporation and Mark than the previous nonconforming Avenue (Ward 16) Pestak, owner, and Meagen Kresge, use in floor or other space occupied, Thomas Tindira, owner, appeals tenant, appealed to erect an 8' x 8' in volume of trade or production, in to erect a 10' x 16' one-story, frame chicken enclosure in a Local Retail kind of goods sold or produced, in garage on a 35' x 77.76' parcel Business District. daily hours or other period of use, located in a B1 Two-Family District in the type or number of persons to on the north side of Natchez Avenue Calendar No. 08-99: 3167-69 Scranton occupy or be attracted to the premis- at 2960 Natchez Avenue; the pro- Road es or in any other characteristic of posed garage is 6 feet away from Salwa Race appealed to install the new use as compared with the the neighboring dwelling and an two parking spaces in the front previous use, according to Section accessory building in a residential yard setback in a Local Retail busi- 359.01(a); and contrary to Section district shall be located at least 10 ness district; subject to conditions. 357.07 no setback is proposed along to 15 feet away from the neighbor- West 116th Street where a 10 foot ing dwelling, according to the pro- Calendar No. 08-42: 801 Literary specific building line setback is re- visions of Section 337.23(a) of the Road quired; and no landscaping is pro- Codified Ordinances. BH&R Properties appealed to re- posed along the frontage of either store a nonconforming building in a Clifton Boulevard or West 116th Calendar No. 08-118: 17007 Lorain General Retail Business District; Street where a 4 foot width is re- Avenue (Ward 21) subject to condition. quired, nor is any landscaping pro- Sandra Papcum, owner, and David posed, where a 10 foot transition Renick, tenant, appeal to change/ex- Calendar No. 08-53: 464 East 105th strip is required between the gas pand use by adding entertainment Street station and the abutting Two-Fami- to an existing tavern/restaurant and Cleveland Steel Tool Company, ly District, contrary to Sections adding front and rear patios to a owner, and Clear Channel Outdoor, 352.08 through 352.11 of the Codified one-story building, located on a tenant, appealed to change an exist- Ordinances. 52.50' x 169.17'; parcel in a Local ing billboard to a digital electronic Retail Business District on the billboard unit in a Semi-Industry Calendar No. 08-107: 2950-66 East south side of Lorain Avenue at 17007 District; subject to condition. 116th Street (Ward 4) Lorain Avenue; subject to the limi- Amjad Hamdeh, owner, appeal to tations of Section 343.01(b)(2)(F), a Calendar No. 08-80: 5209 Euclid Ave- construct a service/gas station on tavern with entertainment is not nue consolidated parcels located in a permitted in a Local Retail Business Community Action Against Addic- Local Retail Business District on District and contrary to Section tion appealed to construct a 7 foot the northwest corner of East 116th 347.12(a) the proposed use is within high ornamental fence in the actual Street and Forest Avenue at 2950-66 300 feet of a residence district and front yard of an irregular shaped 1236 June 18, 2008 The City Record 11 parcel in the Midtown Mixed Use Ohio 1976, the following brief of BE IT RESOLVED, a motion is in District; subject to conditions. action of the subject meeting is order at this time to grant the given for publication in The City Appellant ninety (90) days in which The following appeal was Denied: Record: to obtain permits and abate the vio- lations; the property is REMANDED Calendar No. 08-91: 3905 Brooklyn * * * at this time to the Department of Avenue Building and Housing for supervi- Janae Whitmore appealed to change Docket A-48-08. sion and any required further ac- use from a two family dwelling RE: Appeal of FPT Cleveland tion. Motion so in order. Motioned by house to a Group Homes in a B1 Real Estate LLC/FPT Cleveland Mr. Bradley and seconded by Mr. Two-Family District. LLC, Owner of the Property located Saab. on the premises known as 8500 Yeas: Messrs. Denk, Saunders, The following appeal was With- Aetna Road from a NOTICE OF VIO- Saab, Bradley, Sullivan – Alternate. drawn: LATION — UNAUTHORIZED USE, Nays: None. Absent: Mr. Gallagher. dated March 31, 2008 of the Director Calendar No. 08-64: 1170 Ivanhoe of the Department of Building and * * * Road 1170 Ivanhoe Road, LLC appealed Housing, requiring compliance with to install approximately 650 linear the Codified Ordinances of the City Docket A-59-08. feet of 6 foot high chain link fence of Cleveland and the Ohio Building RE: Appeal of Dorinda Brady, with three strings of barbed wire in Code (OBC). Owner of the Two Dwelling Units the actual front yard of an irregu- BE IT RESOLVED, that having Two-Family Residence One Story lar shaped parcel in s Semi-Industry reviewed all the testimony and doc- Detached Wood Frame Garage District. uments, the Board finds that the vio- Property located on the premises lations were properly issued and known as 1820 Alcoy Road from a The following appeal was Dis- that the Appellant is not appealing FORTHWITH CONDEMNATION OR- missed: the violations, and therefore Appel- DER — GARAGE of the Director of lant is granted until the end of the Department of Building and None. August 2008 to comply with all vio- Housing, dated January 9, 2008, lations to the satisfaction of the requiring compliance with the Cod- The following appeal was Post- City; the property is REMANDED at ified Ordinances of the City of poned: this time to the Department of Cleveland and the Ohio Building Building and Housing for supervi- Code (OBC). Calendar No. 07-222: 2856 Woodhill sion and any required further BE IT RESOLVED, a motion is in Road postponed to July 7, 2008. action. Motion so in order. Motioned order at this time to DENY appeal by Mr. Saab and seconded by Mr. and to REMAND the property at The following appeals heard by Bradley. 1820 Alcoy Road to the Department the Board on June 9, 2008 were adopt- Yeas: Messrs. Denk, Saunders, of Building and Housing for further ed and approved on June 16, 2008. Saab, Bradley, Sullivan – Alternate. action. Motion so in order. Motioned Nays: None. Absent: Mr. Gallagher. by Mr. Saunders and seconded by The following appeals were Ap- Mr. Saab. proved: * * * Yeas: Messrs. Denk, Saunders, Saab, Bradley, Sullivan – Alternate. Calendar No. 08-93: 18235 Euclid Avenue Docket A-49-08. Nays: None. Absent: Mr. Gallagher. The NRP Group, LLC appealed to RE: Appeal of Rosemary Lennon, erect Phase 1 of a two phase elder- Owner of the One Dwelling Unit Sin- * * * ly housing apartment building on an gle Family Residence Two and acreage parcel in a Multi-Family One/half Story Frame Residential Docket A-61-08. District. Property located on the premises RE: Appeal of Sutton Builders known as 1770 Hillview Road from LLC, Owner of the Residential Prop- Calendar No. 08-94: 18300 Woda Ave- a NOTICE OF VIOLATION — EX- erty located on the premises known nue TERIOR MAINTENANCE, dated as 771 Brayton Avenue from an The Cleveland Metropolitan School March 4, 2008 of the Director of the ADJUDICATION ORDER of the District appealed to construct a Department of Building and Hous- Director of the Department of Build- 57,460 square foot Kindergarten ing, requiring compliance with the ing and Housing, dated April 29, through Eighth Grade school on an Codified Ordinances of the City of 2008, requiring compliance with the acreage parcel in a One-Family Dis- Cleveland and the Ohio Building Codified Ordinances of the City of trict. Code (OBC). Cleveland and the Ohio Building BE IT RESOLVED, a motion is in Code (OBC). Calendar No. 08-96: 4028 East 144th order at this time to grant the Docket A-61-08 has been POST- Street Appellant four (4) months in which PONED; to be rescheduled for June June Rodgers appealed to erect a to obtain permits and abate the vio- 25, 2008. frame handicap ramp at the front of lations; the property is REMANDED a single family dwelling in a Two- at this time to the Department of * * * Family District. Building and Housing for supervi- sion and any required further ac- Docket A-64-08. Calendar No. 08-101: 11025 Magnolia tion. Motion so in order. Motioned by RE: Appeal of Russell Haynik, Drive Mr. Saunders and seconded by Mr. Owner of the Residential Property Montessori Development Partner- Bradley. located on the premises known as ships appealed for a change of use from a one family residence to a use Yeas: Messrs. Denk, Saunders, 3228 West 58th Street from an ADJU- for a high school a three-story brick Saab, Bradley, Sullivan – Alternate. DICATION ORDER of the Director dwelling in an AA1 Limited One- Nays: None. Absent: Mr. Gallagher. of the Department of Building and Family District; subject to condition. Housing, dated March 27, 2008, * * * requiring compliance with the Codi- Secretary fied Ordinances of the City of Cleve- Docket A-58-08. land and the Ohio Building Code RE: Appeal of Larry & Pat (OBC). REPORT OF THE BOARD George, Owners of the Mixed Uses BE IT RESOLVED, a motion is in OF BUILDING STANDARDS — Multiple Uses In One Building order at this time to grant the vari- Two and One/half Story Masonry ances required for Code Sections AND BUILDING APPEALS Property located on the premises 302.1, 302.2 and 317.1, noting that known as 4176 Rocky River Drive compliance with the three (3) foot from a NOTICE OF VIOLATION — wide exit door must be achieved. Re: Report of the Meeting of HVAC, dated March 10, 2008, of the Motion so in order. Motioned by Mr. June 11, 2008 Director of the Department of Build- Saunders and seconded by Mr. ing and Housing, requiring compli- Bradley. As required by the provisions of ance with the Codified Ordinances Yeas: Messrs. Denk, Saunders, Section 3103.20(2) of the Codified of the City of Cleveland and the Saab, Bradley, Sullivan – Alternate. Ordinances of the City of Cleveland, Ohio Building Code (OBC). Nays: None. Absent: Mr. Gallagher. 1237 12 The City Record June 18, 2008

Docket A-65-08. TION ORDER — MS of the Director Yeas: Messrs. Denk, Saunders, RE: Appeal of DaPhine C. Adams, of the Department of Building and Saab, Bradley. Nays: None. Not Vot- Owner of the One Dwelling Unit Sin- Housing, dated January 22, 2008, ing: Mr. Sullivan. Absent: Mr. Gal- gle Family Residence One and requiring compliance with the Codi- lagher. One/half Story Frame Property fied Ordinances of the City of Cleve- located on the premises known as land and the Ohio Building Code * * * 4347 East 167th Street from a 30 (OBC). DAY CONDEMNATION ORDER — BE IT RESOLVED, a motion is in APPROVAL OF MINUTES MS of the Director of the Depart- order at this time to grant the Separate motions were entered by ment of Building and Housing, Appellant thirty (30) days in which Mr. Gallagher and seconded by Mr. dated March 24, 2008, requiring com- to obtain permits and abate the vio- Bradley for Approval and Adoption pliance with the Codified Ordi- lations or demolish the property; the of the Minutes as presented by the nances of the City of Cleveland and property is REMANDED at this time Secretary, subject to the Codified the Ohio Building Code (OBC). to the Department of Building and Ordinances of the City of Cleveland BE IT RESOLVED, a motion is in Housing for supervision and any and the Ohio Building Code (OBC): order at this time to grant the required further action. Motion so in Appellant thirty (30) days in which order. Motioned by Mr. Saab and sec- May 28, 2008 to obtain permits and four (4) onded by Mr. Bradley. months to complete abatement of Yeas: Messrs. Denk, Saunders, Yeas: Messrs. Denk, Saunders, the violations or make satisfactory Saab, Bradley, Sullivan – Alternate. Saab, Bradley. Nays: None. Not Vot- progress to allow the City to extend Nays: None. Absent: Mr. Gallagher. ing: Mr. Sullivan. Absent: Mr. Gal- the time; the property is REMAND- lagher. ED at this time to the Department * * * * * * of Building and Housing for super- vision and any required further Docket A-73-08. Secretary action. Motion so in order. Motioned RE: Appeal of BPC Redevelop- by Mr. Saunders and seconded by ment, LLC & BEDO, LLC, Owner of Mr. Bradley. the Property located on the premises PUBLIC NOTICE Yeas: Messrs. Denk, Saunders, known as 2020 Euclid Avenue from Saab, Bradley, Sullivan – Alternate. an ADJUDICATION ORDER of the Nays: None. Absent: Mr. Gallagher. Director of the Department of Build- ing and Housing, dated April 28, NONE * * * 2008, requiring compliance with the Codified Ordinances of the City of Docket A-66-08. Cleveland and the Ohio Building NOTICE OF PUBLIC HEARING RE: Appeal of Emell Rashford, Code (OBC). Owner of the Two Dwelling Units BE IT RESOLVED, a motion is in ______Two-Family Residence One and order at this time permit the two additional units in the addition, and One/half Story Frame Property Notice of Public Hearing to allow the addition to be con- located on the premises known as By the Council Committee structed with four (4) floors above 2917 East 121st Street from a On City Planning NOTICE OF VIOLATION — EXTE- the level of exit discharge without RIOR MAINTENANCE of the Direc- the requirement for an emergency generator, noting that there are only Mercedes Cotner tor of the Department of Building Committee Room 217 and Housing, dated February 7, two (2) units involved in this issue; that the balance of the building can City Hall, Cleveland, Ohio 2008, requiring compliance with the On Wednesday, July 2, 2008 Codified Ordinances of the City of be occupied without the emergency 10:00 a.m. Cleveland and the Ohio Building generator and that the roof deck Code (OBC). above that floor occupancy is to be Notice is hereby given to all inter- BE IT RESOLVED, a motion is in limited and posted to twenty-five ested property owners that the order at this time to grant the (25) people. Motion so in order. Council Committee on City Planning Appellant ninety (90) days in which Motioned by Mr. Gallagher and sec- will hold a public hearing in the to abate the violations; the property onded by Mr. Bradley. is REMANDED at this time to the Yeas: Messrs. Denk, Saunders, Mercedes Cotner Committee Room Department of Building and Hous- Saab, Bradley, Sullivan – Alternate. 217, City Hall, Cleveland, Ohio, on ing for supervision and any required Nays: None. Absent: Mr. Gallagher. Wednesday, July 2, 2008, at 10:00 further action. Motion so in order. a.m., to consider the following ordi- * * * Motioned by Mr. Saab and seconded nances now pending in the Council: by Mr. Bradley. Docket A-89-08. Yeas: Messrs. Denk, Saunders, Ord. No. 1069-07. RE: Appeal of 2044 Euclid Lofts By Council Member Cummins. Saab, Bradley, Sullivan – Alternate. LLC, Owner of the Property located Nays: None. Absent: Mr. Gallagher. An ordinance to change the Use, on the premises known as 2044 Area and Height Districts of land Euclid Avenue from an ADJUDICA- located on the north and south sides * * * TION ORDER of the Director of the of Denison Avenue between West Department of Building and Hous- 16th Street and West 13th Street to Docket A-69-08. ing, dated May 19, 2008, requiring Local Retail Business, a ‘B’ Area RE: Appeal of Rite Aid of Ohio, compliance with the Codified Ordi- District and a ‘2’ Height District Inc., Owner of the Two Story Frame nances of the City of Cleveland and Mercantile, Retail Shops, Carry-out the Ohio Building Code (OBC). (Map Change No. 2237; Sheet No. 6). Food Shops Property located on the No action this date, the docket is premises known as 11702 West 117th rescheduled for June 25, 2008. Ord. No. 558-08. Street from a 30 DAY CONDEMNA- By Council Member Cummins. TION ORDER — MS of the Director * * * An ordinance to change the Use, of the Department of Building and Area and Height Districts of lands Housing, dated April 8, 2008, requir- APPROVAL OF RESOLUTIONS located on the north side of Denison ing compliance with the Codified Separate motions were entered by Avenue east of West 22nd Place and Ordinances of the City of Cleveland Mr. Saab and seconded by Mr. Brad- south of Fern Court shown shaded and the Ohio Building Code (OBC). ley for Approval and Adoption of the on the attached map to a Multi-Fam- Docket A-69-08 has been POST- Resolutions as presented by the Sec- ily Residential District, ‘D’ Area Dis- PONED; to be rescheduled for June retary for the following Dockets trict and a ‘2’ Height District (Map 25, 2008. respectively, subject to the Codified Change No. 2262; Sheet No. 2). Ordinances of the City of Cleveland * * * and the Ohio Building Code (OBC): All interested persons are urged to be present or to be represented at Docket A-70-08. A-52-08—William B. Sancho. the above time and place. RE: Appeal of U.S. Bank N.A., A-57-08—Brian Slover. Trustee C/O HomEq, Mortgagee of A-62-08 — Village Green Elderly, Joseph C. Cimperman the One Dwelling Unit Single Fam- LLC. Chairman ily Residence Two and One/half A-67-08—Wells Fargo Bank, N.A. Committee on City Planning Story Frame Property located on the A-68-08—Countrywide Home Loans, premises known as 391 East 163rd Inc. _____ Street from a 30 DAY CONDEMNA- A-77-08—MRN, Ltd. June 18, 2008 and June 25, 2008 1238 June 18, 2008 The City Record 13

CITY OF CLEVELAND BIDS WEST SIDE MARKET, 1979 THERE WILL BE A NON-MAN- WEST 25TH STREET, REAR DATORY PRE-BID MEETING, LOADING DOCK, CLEVELAND, WEDNESDAY, JUNE 25, 2008 AT OHIO 44113. 10:00 A.M., THE DIVISION OF For All Departments THE CITY OF CLEVELAND WILL STREETS, CONFERENCE ROOM NOT CONSIDER THE BID OF 25, 601 LAKESIDE AVENUE, Sealed bids will be received at the ANYONE WHO DOES NOT AT- CLEVELAND, OHIO 44114. office of the Commissioner of Pur- TEND A MANDATORY PRE-BID chases and Supplies, Room 128, City CONFERRENCE. Hall, in accordance with the append- June 11, 2008 and June 18, 2008 ed schedule, and will be opened and File No. 133-08 — The Avenue Dis- WEDNESDAY, JULY 9, 2008 read in Room 128, City Hall, imme- trict Phase III, for the Division of diately thereafter. Engineering and Construction, De- File No. 135-08 — Key’s Locks and Each bid must be made in accor- partment of Public Service, as Hardware, for the Various Divi- dance with the specifications and authorized by Ordinance No. 2037- sions of City Government, Depart- must be submitted on the blanks 05, passed by the Council of the ment of Finance, as authorized by supplied for the purpose, all of City of Cleveland, November 28, Ordinance No. 1033-07, passed by which may be obtained at the office 2005. the Council of the City of Cleve- of the said Commissioner of Pur- THERE WILL BE A REFUNDABLE land, November 26, 2007. chases and Supplies, but no bid will FEE FOR PLANS/SPECIFICA- THERE WILL BE A MANDATORY be considered unless delivered to TIONS IN THE AMOUNT OF SEV- PRE-BID MEETING, MONDAY, the office of the said commissioner ENTY-FIVE DOLLARS ($75.00) IN JUNE 30, 2008 AT 1:30 P.M., CITY previous to 12:00 noon (Eastern THE FORM OF A CASHIER’S HALL, DIVISION OF PURCHASES Standard Time) on the date speci- CHECK AND/OR MONEY OR- & SUPPLIES, ROOM 128, 601 fied in the schedule. DER (NO COMPANY CHECKS LAKESIDE AVENUE, CLEVE- 187.10 Negotiated contracts; Notice AND NO CASH WILL BE AC- LAND, OHIO 44114. required in Advertisement for Bids. CEPTED). THE CITY OF CLEVELAND WILL Where invitations for bids are THERE WILL BE A MANDATORY NOT CONSIDER THE BID OF advertised, the following notice PRE-BID MEETING THURSDAY, ANYONE WHO DOES NOT AT- shall be included in the advertise- JUNE 19, 2008 AT 10:00 A.M., DIVI- TEND A MANDATORY PRE-BID ment: “Pursuant to the MBE/FBE SION OF ENGINEERING AND CONFERRENCE. Code, each prime bidder, each minor- CONSTRUCTION, ROOM 518, 601 ity business enterprise (“MBE”) and LAKESIDE AVENUE, CLEVE- June 18, 2008 and June 25, 2008 each female business enterprise LAND, OHIO 44114. (“FBE”) must be certified before THE CITY OF CLEVELAND WILL THURSDAY, JULY 10, 2008 doing business with the City. There- NOT CONSIDER THE BID OF fore, any prime contractor wishing ANYONE WHO DOES NOT AT- File No. 134-08 — Various Appli- to receive credit for using an MBE TEND A MANDATORY PRE-BID ances, for the Division of Fire, or FBE should ensure that applica- CONFERRENCE. Department of Public Safety, as tions for certification as to MBE or authorized by Ordinance No. 920- FBE status compliance with the 07, passed by the Council of the June 11, 2008 and June 18, 2008 Code, affirmative action in employ- City of Cleveland, July 22, 2007. ment and, if applicable, joint ven- THERE WILL BE A NON-MANDA- WEDNESDAY, JULY 9, 2008 ture status, are submitted to the Of- TORY PRE-BID MEETING, FRI- fice of Equal Opportunity (“OEO”) DAY, JUNE 27, 2008 AT 10:00 A.M., File No. 130-08 — Disposal of prior to the date of bid opening or THE FIRE DEPARTMENT HEAD- Debris at Landfills, for the Divi- submission of proposals or as speci- QUARTERS, CONFERENCE ROOM sion of Water, Water Pollution fied by the Director. Failure to com- IN THE BASEMENT, CLEVE- Control and Cleveland Public LAND, OHIO 44113. ply with the business enterprise Power, Department of Public code or with representations made Utilities, as authorized by Ordi- File No. 137-08 — Purchases and Re- on these forms may result in can- nance No. 344-08, passed by the placement of Power Unit on Ele- cellation of the contract or other Council of the City of Cleveland, vator #3 at the West Side Market, civil or criminal penalties.” April 7, 2008. for the Division of Convention Cen- THERE WILL BE A NON-MAN- ter and Stadium/West Side Market, WEDNESDAY, JULY 2, 2008 DATORY PRE-BID MEETING Department of Parks, Recreation THURSDAY, JUNE 19, 2008 AT and Properties, as authorized by File No. 128-08 — Pipe Repair Coup- 11:30 A.M., THE DISTRIBUTION Ordinance No. 1033-07, passed by lings (Group B) (Couplings 20- AND MAINTENANCE, CONFER- the Council of the City of Cleve- inch through 48-inch) Re-Bid, for ENCE ROOM, 4600 HARVARD land, November 26, 2007. the Division of Water, Department AVENUE, NEWBURGH HEIGHTS, THERE WILL BE A NON-MANDA- of Public Utilities, as authorized OHIO 44105. TORY PRE-BID MEETING, TUES- by Section 129.25 of the Codified DAY, JULY 1, 2008 AT 10:00 A.M., Ordinances of Cleveland, Ohio, THE WEST SIDE MARKET, 1976. June 11, 2008 and June 18, 2008 LOADING DOCK, 1979 WEST THERE WILL BE A NON-MAN- 25TH STREET, CLEVELAND, DATORY PRE-BID MEETING THURSDAY, JULY 10, 2008 OHIO 44113. THURSDAY, JUNE 19, 2008 AT 10:30 A.M., THE DIVISION OF File No. 131-08 — Liquid Deicer, for June 18, 2008 and June 25, 2008 WATER, DISTRIBUTION AND the Division of Streets, Depart- MAINTENANCE, PIPE REPAIR ment of Public Service, as autho- FRIDAY, JULY 11, 2008 CONFERENCE ROOM, 4600 HAR- rized by Ordinance No. pending, VARD AVENUE, NEWBURGH passed by the Council of the City File No. 136-08 — Police Boat, for HEIGHTS, OHIO 44105. of Cleveland, pending. the Division of Police, Department THERE WILL BE A NON-MAN- of Public Safety, as authorized by File No. 129-08 — Labor, Materials, DATORY PRE-BID MEETING, Ordinance No. 1249-07, passed by Tools and Supervision for a Main- THURSDAY, JUNE 19, 2008 AT the Council of the City of Cleve- tenance Contract at the West Side 10:00 A.M., THE DIVISION OF land, October 15, 2007. Market, for the Division of Con- STREETS, CONFERENCE ROOM THERE WILL BE A NON-MANDA- vention Center and Stadium/West 25, 601 LAKESIDE AVENUE, TORY PRE-BID MEETING, MON- Side Market, Department of Parks, CLEVELAND, OHIO 44114. DAY, JUNE 30, 2008 AT 3:00 P.M., Recreation and Properties, as THE EMERGENCY OPERATIONS authorized by Section 181.01 of the File No. 132-08 — Guard Rail Ele- CENTER, CONFERENCE ROOM Codified Ordinances of Cleveland, ments, for the Division of Streets, #306, 205 WEST SAINT CLAIR Ohio, 1976. Department of Public Service, as AVENUE, CLEVELAND, OHIO THERE WILL BE A MANDATORY authorized by Ordinance No. pend- 44113. PRE-BID MEETING, TUESDAY, ing, passed by the Council of the JUNE 24, 2008 AT 9:00 A.M., THE City of Cleveland, pending. June 18, 2008 and June 25, 2008 1239 14 The City Record June 18, 2008

THURSDAY, JULY 31, 2008 Ohio Department of Development for Whereas, the citizens who live in Clean Ohio Revitalization funds to neighborhoods with many vacant File No. 138-08 — Unarmed Uni- be used for the expansion of Great and abandoned properties have formed Security Guards, for the Lakes Towing Company. great difficulty obtaining homeown- Various Divisions of City Govern- Whereas, this resolution consti- er’s insurance, mortgages and loans ment, including Port Control, tutes an emergency measure provid- for home improvements; and Department of Finance, as autho- ing for the usual daily operation of Whereas, vacant properties de- rized by Ordinance No. 731-08, a municipal department; now, there- grade and devalue the quality of passed by the Council of the City fore, life for remaining residents, isolat- of Cleveland, June 2, 2008. Be it resolved by the Council of ing and weakening the neighbor- THERE WILL BE A MANDATORY the City of Cleveland: hood, and increasing the likelihood PRE-BID MEETING, TUESDAY, Section 1. That this Council sup- that property values will continue to JULY 15, 2008 AT 11:00 A.M., CITY ports the Board of County Commis- decline, further abandonment will HALL, DIVISION OF PURCHASES sioner’s grant application for up to set in and a recent study by & SUPPLIES, ROOM 128, 601 $3,000,000 to the Ohio Department of CWRU/NEO-CANDO indicates that LAKESIDE AVENUE, CLEVE- Development for Clean Ohio Revi- in the City of Cleveland properties LAND, OHIO 44114. talization funds to be used for the lose 70% of their value following THE CITY OF CLEVELAND WILL expansion of Great Lakes Towing foreclosure; and NOT CONSIDER THE BID OF Company. Whereas, the Cuyahoga County ANYONE WHO DOES NOT AT- Section 2. That the Clerk of Coun- Court of Common Pleas is to be con- TEND A MANDATORY PRE-BID gratulated for recognizing the debil- CONFERRENCE. cil is directed to send copies of this resolution to the Board of Cuyahoga itating impacts of the high number of foreclosures in Cleveland’s neigh- County Commissioners and to Great borhoods; and June 18, 2008, June 25, 2008 and July 2, Lakes Towing Company Whereas, the Court has recom- 2008 Section 3. That this resolution is mended a systematic process under declared to be an emergency mea- it’s jurisdiction to achieve equitable sure and, provided it receives the work-outs and to mitigate and to affirmative vote of two-thirds of all ADOPTED RESOLUTIONS reduce the number of home-owners the members elected to Council, it AND ORDINANCES losing their homes through foreclo- shall take effect and be in force sure by instituting a mediation pro- immediately upon its adoption and gram; and approval by the Mayor; otherwise it Whereas, a moratorium on fore- shall take effect and be in force closures of occupied residences Res. No. 506-08. from and after the earliest period would allow time to establish a sys- By Council Members Brancatelli, allowed by law. tem that would emphasis counseling Brady, Cimperman and Sweeney (By Adopted June 9, 2008. and mediation, with foreclosure as a Request). Effective June 16, 2008. measure of last resort; and An emergency resolution declar- Whereas, the Cuyahoga County ing the intent to vacate a portion of Court of Common Pleas is about to Morgana Avenue S.E. establish a new process for addi- Whereas, this Council is satisfied Res. No. 957-08. tional outreach to those home-own- that there is good cause to vacate a By Council Members Pierce Scott, ers being foreclosed and to establish portion of Morgana Avenue S.E., as Sweeney, Brancatelli, Westbrook, a new process for pre-determining described; and Johnson, Turner, Zone, Brady, Keane, mediation options to the effected Whereas, this resolution consti- Polensek, Mitchell, Cimperman, Con- home-owner and a comprehensive tutes an emergency measure provid- well, Santiago, Kelley, Coats, White, system would stabilize neighbor- ing for the usual daily operation of hoods, reduce abandonment and pro- a municipal department; now, there- Cummins, Reed and Cleveland. fore, An emergency resolution urging tect both the borrowers and lenders; Be it resolved by the Council of the Cuyahoga County Court of Com- and the City of Cleveland: mon Pleas to initiate an emergency Whereas, Cuyahoga County has Section 1. That this Council de- foreclosure moratorium to stay all created a foreclosure counseling pro- clares its intent to vacate a portion active and newly filed foreclosure gram that has thus far helped 2,251 of the following described real prop- cases involving occupied residences homeowners avail foreclosure; and erty: and continue to work with Council Whereas, a study commissioned Situated in the City of Cleveland, and community organizations to by Cuyahoga County, conducted by County of Cuyahoga, and State of implement a comprehensive program Cleveland State University, has Ohio and known as being all that that strengthens distressed neigh- found that HUD certified counselors portion of Morgana Avenue S.E. (60 borhoods, calling upon the Cuya- funded by the county have a 52% feet wide) extending Easterly from hoga County Court of Common Pleas success rate in adverting foreclo- the Easterly line of East 55th Street to “fast track” the foreclosure pro- sures; and (width varies) (projected Northerly) cess for abandoned residential prop- Whereas, various community based to the Westerly line of Ackley Road erties in the manner established by organizations and Cleveland City S.E. (60 feet wide). Magistrate Stephen M. Bucha III Council believe that the proposed Description approved by Greg and offering to the Court specific Court mediation program will oper- ate best within a structured and sta- Esber, Section Chief, Plats, Surveys recommendations that will protect ble process and the Cleveland City and House Numbering Section. the borrower and the lender, as well Council urge that the process Section 2. That this resolution is as the community and the housing include expanded opportunities for declared to be an emergency mea- market, as developed in part by way home-owner counseling and repre- sure and, provided it receives the of a hearing to be conducted by the sentation; and affirmative vote of two-thirds of all Community and Economic Develop- Whereas, the Cleveland City Coun- the members elected to Council, it ment Committee. shall take effect and be in force cil urge that the process for out- Whereas, vacant foreclosed prop- immediately upon its adoption and reach and notification be improved erties often become a breeding approval by the Mayor; otherwise it which would also include identifica- ground for crime and fires, and shall take effect and be in force tion of foreclosed landlord proper- from and after the earliest period require a disproportionate amount of ties so that tenants are advised of allowed by law. government maintenance, for secur- rights and resources; and Adopted June 9, 2008. ing properties against criminal Whereas, the Cleveland City Effective June 16, 2008. activity, removal of garbage and Council urges the Court to proceed rodents, including elimination of with all due hast to consider the blight through demolition, all at a concerns of the Cleveland City Coun- cost to taxpayers; and cil and other interested parties in Res. No. 874-08. Whereas, vacant properties reduce establishing a foreclosure time out By Council Members Pierce Scott city tax revenue in three ways: they plan, and and Sweeney (by departmental re- are often tax delinquent; their low Whereas, this resolution consti- quest). value means they generate little in tutes an emergency measure provid- An emergency resolution support- taxes; and they depress property ing for the usual daily operation of ing the Board of County Commis- values across an entire neighbor- a municipal department; now, there- sioner’s grant application to the hood; and fore, 1240 June 18, 2008 The City Record 15

Be it resolved by the Council of that only serve to increase the Clean Ohio Revitalization grant the City of Cleveland: amount of interest and fees that are application to the Ohio Department Section 1. That this Council urges owed and trap more consumers in a of Development for the redevelop- the Cuyahoga County Court of Com- cycle of debt; and ment of 1966 East 66th Street in mon Pleas to initiate an emergency Whereas, the proposed regulations Ward 5. foreclosure moratorium to stay all will help to provide responsible con- Section 2. That this Council here- active and newly filed foreclosure sumers with greater peace of mind by supports the loan application of cases involving occupied residences that the terms they agreed to when Shaker Associates, LLC to the Cuya- and continue to work with Council they opened their credit card hoga County Brownfield Redevelop- and community organizations to accounts will not be changed unex- ment Fund for the redevelopment of implement a comprehensive program pectedly or without their knowl- 1966 east 66th Street in Ward 5. that strengthens distressed neigh- edge; and Section 3. That the Clerk of Coun- borhoods. Whereas, through the adoption of cil is hereby directed to transmit Section 2. That this Council calls these principles, the National Credit certified copies of this resolution to upon the Cuyahoga County Court of Union Administration, the Federal the Ohio Department of Develop- Common Pleas to “fast track” the Reserve Board and the Office of ment, and the Board of Cuyahoga foreclosure process for abandoned Thrift Supervision will help to pro- County Commissioners and to Shaker residential properties in the manner tect our community’s quality of life Associates, LLC. established by Magistrate Stephen by preventing financial hardship Section 4. That this resolution is M. Bucha III. and lessening the demands on our hereby declared to be an emergency Section 3. That this Council will local social-service providers for measure and, provided it receives offer to the Court specific recom- help; and the affirmative vote of two-thirds of mendations that will protect the bor- Whereas, this resolution consti- all the members elected to Council, rower and the lender, as well as the tutes an emergency measure provid- it shall take effect and be in force community and the housing market, ing for the usual daily operation of immediately upon its adoption and as developed in part by way of a a municipal department; now, there- approval by the Mayor; otherwise it hearing to be conducted by the Com- fore, shall take effect and be in force munity and Economic Development Be it resolved by the Council of from and after the earliest period Committee. the City of Cleveland: allowed by law. Section 4. That the Clerk of Coun- Section 1. That this Council urges Adopted June 9, 2008. cil is hereby directed to transmit the National Credit Union Adminis- Effective June 16, 2008. copies of this resolution to Eileen tration, the Federal Reserve Board Gallagher, Judge, Cuyahoga County and the Office of Thrift Supervi- Court of Common Pleas, Stephen M. sion to adopt the reforms proposed Bucha III, Chief Magistrate. for the Federal Trade Commission Res. No. 963-08. Section 5. That this resolution is Act, Truth in Savings Act, and By Council Members Reed, Santi- hereby declared to be an emergency ago, Polensek, Pierce Scott, Mitchell, Truth in Lending Act to protect measure and, provided it receives Cleveland, Cummins and Conwell. consumers from unfair and abusive the affirmative vote of two-thirds of An emergency resolution urging practices by the credit card indus- all the members elected to Council, the Jackson Administration to con- try. it shall take effect and be in force vene, along with the Council, to Section 2. That the Clerk of Coun- immediately upon its adoption and study whether City workers, exclud- cil is hereby directed to transmit approval by the Mayor; otherwise, it ing safety forces, should go to a copies of this resolution to the shall take effect and be in force four-day, 40-hour work week. National Credit Union Administra- from and after the earliest period Whereas, U.S. oil and natural gas tion, the Federal Reserve Board allowed by law. production have peaked and are and the Office of Thrift Supervision Adopted June 9, 2008. now in decline, ensuring our na- and the members of Ohio’s Con- Effective June 16, 2008. tion’s continued and growing depen- gressional delegation through the dence on oil and natural gas import- office of Ohio Treasurer Richard ed from politically unstable regions; Cordray. and Res. No. 958-08. Section 3. That this resolution is Whereas, a growing body of ener- By Council Members Santiago, Pierce hereby declared to be an emergency gy industry experts believe that the Scott, Kelley, Brancatelli, West- measure and, provided it receives world has already arrived at, or will brook, Reed, Mitchell, Coats, Con- the affirmative vote of two-thirds of soon arrive at, the peak of global well, Sweeney, Brady, Turner, Cum- all the members elected to Council, oil production, which will be fol- mins, Keane, Polensek, Zone and it shall take effect and be in force lowed by an inevitable decline in White. immediately upon its adoption and available supply thereafter; and An emergency resolution urging approval by the Mayor; otherwise it Whereas, global demand for oil the National Credit Union Adminis- shall take effect and be in force and natural gas continue to in- tration, the Federal Reserve Board from and after the earliest period crease; and and the Office of Thrift Supervision allowed by law. Whereas, the City of Cleveland to adopt the reforms proposed for Adopted June 9, 2008. and its citizens and businesses the Federal Trade Commission Act, Effective June 16, 2008. depend on oil and natural gas for Truth in Savings Act, and Truth in their economic welfare and their Lending Act to protect consumers most critical activities, including from unfair and abusive practices transportation and food supply; and by the credit card industry. Res. No. 962-08. Whereas, the City of Cleveland is Whereas, many responsible con- By Council Member Cleveland. committed to sustainability and its sumers are being harmed by a grow- An emergency resolution support- indicators of community well-being: ing number of fees, penalties and ing Cuyahoga County’s Clean Ohio economic vitality, environmental health interest charges attached to bill pay- Revitalization grant application to and social equity; and ments and credit card debts; and the Ohio Department of Develop- Whereas, reducing the work week Whereas, the home foreclosure cri- ment and supporting the loan appli- from 5 days to 4 days would reduce sis serves as a daily reminder of the cation of Shaker Associates, LLC to the use of cars, thereby reducing the need for responsible federal regula- the Cuyahoga County Brownfield emissions of carbon dioxide; and tion to protect citizens from unfair Development Fund for the redevel- Whereas, reducing the work week or predatory business practices; and opment of 1966 East 66th Street in from 5 days to 4 days would reduce Whereas, the proposal from the Ward 5. the energy used in city hall when National Credit Union Administra- Whereas, this resolution consti- open and would reduce the fuel used tion, the Federal Reserve Board and tutes an emergency measure provid- by city workers when on the job in the Office of Thrift Supervision will ing for the usual daily operation of vehicles; and help consumers in our community a municipal department; now, there- Whereas, reducing the work week avoid excess fees and unfair fore, from 5 days to 4 days would allow charges that put their personal Be it resolved by the Council of employees to pay less for child care, financial stability in jeopardy; and the City of Cleveland: because they would need child care Whereas, the proposed regulations Section 1. That this Council here- only four days per week, not five; will put an end to business practices by supports the Cuyahoga County’s and 1241 16 The City Record June 18, 2008

Whereas, this resolution consti- fuels may result in local jobs and Res. No. 965-08. tutes an emergency measure provid- substantial economic benefits; and By Council Member Keane. ing for the usual daily operation of Whereas, Cleveland residents and An emergency resolution object- a municipal department; now, there- businesses are not currently aware ing to the transfer of ownership of fore, of the full implications of an im- a C1 and C2 Liquor Permit to 4075 Be it resolved by the Council of pending decline and will greatly Rocky River Drive. the City of Cleveland: benefit from an objective source of Whereas, Council has been noti- Section 1. That this Council urges information on this topic; and fied by the Department of Liquor the Jackson Administration to con- Whereas, the City of Cleveland Control of an application for the vene, along with the Council, to should work to adopt a Local Action transfer of ownership of a C1 and study whether City workers, exclud- Plan On Global Warming, the suc- C2 Liquor Permit from Raja Inter- ing safety forces, should go to a cess of which depends upon reduc- national, Inc., DBA 7-Eleven Food four-day, 40-hour work week. ing carbon dioxide emissions from Store #56, 4075 Rocky River Drive, Section 2. That this resolution is burning fossil fuels; and Cleveland, Ohio 44135, Permanent hereby declared to be an emergency Whereas, the Cities of Portland, Number 7178802 to Handee Marts, measure and, provided it receives Oregon; San Francisco and Oakland, Inc., DBA 7 Eleven #56, 4075 Rocky the affirmative vote of two-thirds of California; Austin, Texas; among River Drive, Cleveland, Ohio 44135, all the members elected to Council, other cities have convened task Permanent Number 35665300190; and it shall take effect and be in force forces to examine the effect on Whereas, the granting of this immediately upon its adoption and cities of diminishing supplies of oil application for a liquor permit to approval by the Mayor; otherwise it and natural gas; and this high crime area, which is shall take effect and be in force Whereas, the City of Cleveland’s already saturated with other liquor from and after the earliest period working group should include mem- outlets, is contrary to the best inter- allowed by law. bers from the City’s the Office of ests of the entire community; and Adopted June 9, 2008. Sustainability, Departments of Pub- Whereas, the applicant does not Effective June 16, 2008. lic Utilities, Finance, Public Service, qualify to be a permit holder and/or City Planning and Health and has demonstrated that he has oper- should seek technical assistance ated his liquor business in disregard from the Ohio Departments of Ener- of the laws, regulations or local Res. No. 964-08. gy and Transportation and any ordinances of this state or any other By Council Members Zone, Cum- other applicable local, state and fed- state; and mins and Brady. eral entities; further, it should Whereas, the place for which the An emergency resolution calling include members representing a permit is sought has not conformed upon the Jackson Administration to broad range of community and busi- to the building, safety or health work with this Council and convene ness interests; and requirements of the governing body a working group that will assess Whereas, among other things this of this County or City; and Cleveland’s exposure to diminishing working group should convene: Whereas, the place for which the supplies of oil and natural gas and 1. To acquire and study current permit is sought is so arranged or make recommendations to address and credible data and information constructed that law enforcement vulnerabilities. on the issues of peak oil and nat- officers or agents of the Department Whereas, global reserves of oil ural gas production and the related of Liquor Control are prevented rea- and natural gas are finite and suf- economic and other societal conse- sonable access to the establishment; ficient substitutes are unlikely to be quences; and available in the immediate future; 2. To seek community and busi- Whereas, the place for which the and ness input on the impacts and pro- permit is sought is so located with Whereas, U.S. oil and natural gas posed solutions; respect to the neighborhood that it production have peaked and are now 3. To develop recommendations to substantially interferes with public in decline, ensuring our nation’s con- City Council in this calendar year decency, sobriety, peace or good tinued and growing dependence on on strategies the City and its order; and oil and natural gas imported from Departments can take to mitigate Whereas, this objection is based on other legal grounds as set forth politically unstable regions; and the impacts of declining energy sup- Whereas, a growing body of ener- in Revised Code Section 4303.292; plies in areas including, but not lim- gy industry experts believe that the and ited to: transportation, business and world has already arrived at, or will Whereas, this resolution consti- home energy use, water, food secu- soon arrive at, the peak of global tutes an emergency measure provid- rity, health care, communications, oil production, which will be fol- ing for the immediate preservation land use planning, and wastewater lowed by an inevitable decline in of the public peace, prosperity, safe- treatment; and available supply thereafter; and ty and welfare pursuant to Section 4. To propose methods of educat- Whereas, global demand for oil 4303.26 of the Ohio Revised Code. ing the public about this issue in and natural gas continue to in- Council’s objection to said permit crease; and order to create positive behavior must be received by the Director of Whereas, following the global change among businesses and resi- Liquor Control within 30 days of peaks of oil and natural gas pro- dents that reduce dependence on fos- notification; now, therefore, duction, the interaction of decreas- sil fuels. Be it resolved by the Council of ing supply and increased demand Whereas, this resolution consti- the City of Cleveland: will cause the price of oil and nat- tutes an emergency measure provid- Section 1. That Council does here- ural gas to become more volatile; ing for the usual daily operation of by record its objection to the trans- and a municipal department; now, there- fer of ownership of a C1 and C2 Whereas, the United States De- fore, Liquor Permit from Raja Interna- partment of Energy’s National Ener- Be it resolved by the Council of tional, Inc., DBA 7-Eleven Food gy Technology Laboratory has stat- the City of Cleveland: Store #56, 4075 Rocky River Drive, ed that, “The problems associated Section 1. That this Council calls Cleveland, Ohio 44135, Permanent with world oil production peaking upon the Jackson Administration to Number 7178802 to Handee Marts, will not be temporary, and past work with this Council and convene Inc., DBA 7 Eleven #56, 4075 Rocky ‘energy crisis’ experience will pro- a working group that will assess River Drive, Cleveland, Ohio 44135, vide relatively little guidance. The Cleveland’s exposure to diminishing Permanent Number 35665300190; and challenge of oil peaking deserves supplies of oil and natural gas and requests the Director of Liquor Con- immediate, serious attention, if risks make recommendations to address trol to set a hearing for said appli- are to be fully understood and mit- vulnerabilities. cation in accordance with provisions igation begun on a timely basis”; Section 2. That this resolution is of Section 4303.26 of the Revised and hereby declared to be an emergency Code of Ohio. Whereas, the City of Cleveland measure and, provided it receives Section 2. That the Clerk of Coun- and its citizens and businesses the affirmative vote of two-thirds of cil be and she is hereby directed to depend on oil and natural gas for all the members elected to Council, transmit two certified copies of this their economic welfare and their it shall take effect and be in force resolution, together with two copies most critical activities, including immediately upon its adoption and of a letter of objection and two transportation and food supply; and approval by the Mayor; otherwise, it copies of a letter requesting that the Whereas, a large majority of shall take effect and be in force hearing be held in Cleveland, Cuya- money spent on fossil fuels leaves from and after the earliest period hoga County. Ohio and provides no local economic allowed by law. Section 3. That this resolution is benefit, while many of the solutions Adopted June 9, 2008. hereby declared to be an emergency to lessening dependence on fossil Effective June 18, 2008. measure and, provided it receives 1242 June 18, 2008 The City Record 17 the affirmative vote of two-thirds of transmit two certified copies of this land, Ohio 44102, Permanent Number all the members elected to Council, resolution, together with two copies 91610350021 to Zaben, Inc., 5110 Clark it shall take effect and be in force of a letter of objection and two Avenue, Cleveland, Ohio 44102, Per- immediately upon its adoption and copies of a letter requesting that the manent Number 98723320005; and approval by the Mayor; otherwise, it hearing be held in Cleveland, Cuya- requests the Director of Liquor Con- shall take effect and be in force hoga County. trol to set a hearing for said appli- from and after the earliest period Section 3. That this resolution is cation in accordance with provisions allowed by law. hereby declared to be an emergency of Section 4303.26 of the Revised Code Adopted June 9, 2008. measure and, provided it receives of Ohio. Effective June 16, 2008. the affirmative vote of two-thirds of Section 2. That the Clerk of Coun- all the members elected to Council, cil be and she is hereby directed to it shall take effect and be in force transmit two certified copies of this immediately upon its adoption and resolution, together with two copies Res. No. 966-08. approval by the Mayor; otherwise, it of a letter of objection and two By Council Member Santiago. shall take effect and be in force copies of a letter requesting that the An emergency resolution object- from and after the earliest period hearing be held in Cleveland, Cuya- ing to the transfer of Liquor License allowed by law. hoga County. of a D5 Liquor Permit to 3463 Ful- Adopted June 9, 2008. Section 3. That this resolution is ton Road. Effective June 16, 2008. hereby declared to be an emergency Whereas, Council has been noti- measure and, provided it receives fied by the Department of Liquor the affirmative vote of two-thirds of Control of an application for a trans- all the members elected to Council, fer of Liquor License of a D5 Liquor Res. No. 968-08. it shall take effect and be in force Permit from Shotz Bar & Grill, Inc., By Council Members Zone and immediately upon its adoption and 19800 S. Waterloo Road & Patio,, Santiago. approval by the Mayor; otherwise, it Cleveland, Ohio 44119, Permanent An emergency resolution object- shall take effect and be in force Number 8109348 to District, LLC, ing to the transfer of ownership of from and after the earliest period 3463 Fulton Road, Cleveland, Ohio a C1 Liquor Permit to 5110 Clark allowed by law. 44109, Permanent Number 2201526; Avenue. Adopted June 9, 2008. and Whereas, Council has been noti- Effective June 16, 2008. Whereas, the granting of this fied by the Department of Liquor application for a liquor permit to Control of an application for the this high crime area, which is transfer of ownership of a C1 Liquor already saturated with other liquor Permit from United Petroleum Mar- Ord. No. 1045-07. outlets, is contrary to the best inter- keting, LLC, Thomas E. Pratt, Rcvr., By Council Members Mitchell, ests of the entire community; and DBA UPM #207, 5110 Clark Avenue, Brady, Cimperman and Sweeney (by Whereas, the applicant does not Cleveland, Ohio 44102, Permanent departmental request). qualify to be a permit holder and/or Number 91610350021 to Zaben, Inc., An emergency ordinance authoriz- has demonstrated that he has oper- 5110 Clark Avenue, Cleveland, Ohio ing the Director of Public Service to ated his liquor business in disregard 44102, Permanent Number issue a permit to The Cleveland of the laws, regulations or local 98723320005; and Clinic Foundation to encroach into ordinances of this state or any other Whereas, the granting of this the public right-of-way beneath Car- state; and application for a liquor permit to negie Avenue by installing, using, Whereas, the place for which the this high crime area, which is and maintaining electric utility duct permit is sought has not conformed already saturated with other liquor banks. to the building, safety or health outlets, is contrary to the best inter- Whereas, this ordinance consti- requirements of the governing body ests of the entire community; and tutes an emergency measure provid- of this County or City; and Whereas, the applicant does not ing for the usual daily operation of Whereas, the place for which the qualify to be a permit holder and/or a municipal department; now, there- permit is sought is so arranged or has demonstrated that he has oper- fore, constructed that law enforcement ated his liquor business in disregard Be it ordained by the Council of officers or agents of the Department of the laws, regulations or local the City of Cleveland: of Liquor Control are prevented rea- ordinances of this state or any other Section 1. That the Director of sonable access to the establishment; state; and Public Service is authorized to issue and Whereas, the place for which the a permit, revocable at the will of Whereas, the place for which the permit is sought has not conformed Council, to The Cleveland Clinic permit is sought is so located with to the building, safety or health Foundation, 9500 Euclid Avenue respect to the neighborhood that it requirements of the governing body Cleveland, Ohio 44195 (“Permittee”), substantially interferes with public of this County or City; and to encroach into the public right-of- decency, sobriety, peace or good Whereas, the place for which the way beneath Carnegie Avenue by order; and permit is sought is so arranged or installing, using, and maintaining Whereas, this objection is based on constructed that law enforcement offi- electric utility duct banks, at the other legal grounds as set forth in cers or agents of the Department of following locations: Revised Code Section 4303.292; and Liquor Control are prevented reason- Whereas, this resolution consti- able access to the establishment; and Encroachment Location 1 tutes an emergency measure provid- Whereas, the place for which the Situated in City of Cleveland, ing for the immediate preservation permit is sought is so located with County of Cuyahoga and State of of the public peace, prosperity, safe- respect to the neighborhood that it Ohio and known as being a part of ty and welfare pursuant to Section substantially interferes with public Original 100 Acre Lot No. 401 and 4303.26 of the Ohio Revised Code. decency, sobriety, peace or good more fully described as follows: Council’s objection to said permit order; and Commencing at the centerline inter- must be received by the Director of Whereas, this objection is based on section of Carnegie Avenue (width Liquor Control within 30 days of other legal grounds as set forth in varies) and East 105th Street (60 notification; now, therefore, Revised Code Section 4303.292; and feet wide); Thence N 86° 32' 40" W, Be it resolved by the Council of Whereas, this resolution consti- along the centerline of said Car- the City of Cleveland: tutes an emergency measure provid- negie Avenue, 1178.62 feet to a point; Section 1. That Council does here- ing for the immediate preservation thence S 03° 27' 22" W, a distance by record its objection to a transfer of the public peace, prosperity, safe- of 36.00 feet to a point and the Prin- of Liquor License of a D5 Liquor ty and welfare pursuant to Section cipal Place of Beginning for the Permit from Shotz Bar & Grill, Inc., 4303.26 of the Ohio Revised Code. easement herein described; 19800 S. Waterloo Road & Patio, Council’s objection to said permit Thence continuing S 03° 27' 22" Cleveland, Ohio 44119, Permanent must be received by the Director of W, 20.00 feet to a point on the south- Number 8109348 to District, LLC, Liquor Control within 30 days of erly right of way line of said Car- 3463 Fulton Road, Cleveland, Ohio notification; now, therefore, negie Avenue; 44109, Permanent Number 2201526, Be it resolved by the Council of Thence N 86° 32' 38" W, along the and requests the Director of Liquor the City of Cleveland: said southerly right of way line, Control to set a hearing for said Section 1. That Council does here- 75.00 feet to a point; application in accordance with pro- by record its objection to the transfer Thence N 56° 48' 40" W, along the visions of Section 4303.26 of the of ownership of a C1 Liquor Permit said southerly right of way line, Revised Code of Ohio. from United Petroleum Marketing, 26.31 feet to a point; Section 2. That the Clerk of Coun- LLC, Thomas E. Pratt, Rcvr., DBA Thence N 89° 23' 19" E, 98.00 feet cil be and she is hereby directed to UPM #207, 5110 Clark Avenue, Cleve- to a point and the Principal Place 1243 18 The City Record June 18, 2008 of Beginning and containing 0.034 Legal Description approved by ing for the usual daily operation of acres of land, more or less, deter- Greg Esber, Section Chief, Plats, a municipal department; now, there- mined by Terence R. Allison, Reg- Surveys and House Numbering Sec- fore, istered Ohio Professional Surveyor tion. Be it ordained by the Council of No. 7176 of Michael Benza & Asso- Section 2. That Permittee may the City of Cleveland: ciates, Inc. in May 2007, but subject assign the permit only with the Section 1. That Section 683.99 of to all legal roads, highways and prior written consent of the Director the Codified Ordinances of Cleve- easements of record. of Public Service. That the encroach- land, Ohio 1976, as amended by Ordi- The Basis of Bearing is the cen- ing structure(s) permitted by this nance 1023-91, passed May 11, 1992, terline of Carnegie Avenue, East, as ordinance shall conform to plans is amended, respectively, as follows: noted on a survey performed by Gar- and specifications approved by the rett and Associates Map Number Commissioner of Engineering and 683.99 Penalty 2300, Dated December 2006. Construction. That Permittee shall (a) Whoever violates any of the obtain all other required permits, provisions of this chapter shall be Encroachment Location 2 including but not limited to Build- guilty of a fourth degree misde- Situated in City of Cleveland, ing Permits, before installing the meanor and, upon a first offense, County of Cuyahoga and State of encroachment(s). shall be fined two hundred and Ohio and known as being a part of Section 3. That the Director of Law fifty dollars ($250.00), which fine Original 100 Acre Lot No. 401 and shall prepare the permit authorized shall not be suspended, waived or more fully described as follows: by this ordinance and shall incorpo- otherwise reduced below that Commencing at the centerline rate such additional provisions as amount, and subject to up to 30 intersection of Carnegie Avenue the director determines necessary to days in jail. In addition, the equip- (width varies) and East 100th Street protect and benefit the public inter- ment or device used in the com- est. The permit shall be issued only (60 feet wide); Thence N 90° 00' 00" mission of a violation of Section when, in the opinion of the Director E along the centerline of said 683.01 or 683.02 is hereby declared of Law, Permittee has properly Carnegie Avenue, 74.98 feet to a to be contraband and may be point; thence N 00° 00' 00" E, a dis- indemnified the City against any loss seized and disposed of in accor- tance of 43.00 feet to a point on the that may result from the encroach- dance with RC 2933.43. northerly right of way line of said ment(s) permitted. (b) Whoever violates any provi- Carnegie Avenue and the Principal Section 4. That the permit shall sion of this chapter upon any sub- Place of Beginning for the easement reserve to the City reasonable right sequent offense shall be guilty of herein described; of entry to the encroachment loca- a misdemeanor of the third degree, Thence N 90° 00' 00" E, along north- tion(s). and shall be fined five hundred dol- erly right of way line of said Car- Section 5. That this ordinance is negie Avenue, 25.00 feet to a point; declared to be an emergency mea- lars ($500.00), which fine shall not Thence S 00° 00' 00" E, 79.00 feet sure and, provided it receives the be suspended, waived or otherwise to a point; affirmative vote of two-thirds of all reduced below that amount, and Thence N 90° 00' 00" E, 26.00 feet the members elected to Council, it subject to up to 60 days in jail. to a point; shall take effect and be in force (c) Each day upon which a viola- Thence S 00° 00' 00" E, 7.00 feet immediately upon its passage and tion occurs or continues shall be a to a point on the southerly right of approval by the Mayor; otherwise it separate offense and punishable as way line of said Carnegie Avenue; shall take effect and be in force such hereunder. Thence S 90° 00' 00" W, along the from and after the earliest period Section 2. That existing Section southerly right of way line of said allowed by law. 683.99 of the Codified Ordinances of Carnegie Avenue, 51.00 feet to a point; Passed June 9, 2008. Cleveland, Ohio 1976, as amended by Thence N 00° 00' 00" E, 86.00 feet Effective June 16, 2008. Ordinance 1023-91, passed May 11, to a point and the Principal Place 1992, is repealed. of Beginning and containing 0.054 Section 3. That this ordinance is acres of land, more or less, deter- declared to be an emergency mea- mined by Terence R. Allison, Reg- Ord. No. 1172-07. sure and, provided it receives the istered Ohio Professional Surveyor By Council Member Coats. affirmative vote of two-thirds of all No. 7176 of Michael Benza & Asso- An emergency ordinance to amend the members elected to Council, it ciates, Inc. in May 2007, but subject Section 683.99 of the Codified Ordi- shall take effect and be in force to all legal roads, highways and nances of Cleveland, Ohio, 1976, as immediately upon its passage and easements of record. amended by Ordinance No. 1023-91, approval by the Mayor; otherwise it The Basis of Bearing is the cen- passed May 11, 1992 relating to shall take effect and be in force terline of Carnegie, East, as noted penalties for violation of sound from and after the earliest period on a survey performed by Garrett device regulations. allowed by law. and Associates Map Number 2300, Whereas, this ordinance consti- Passed June 9, 2008. Dated December 2006. tutes an emergency measure provid- Effective June 9, 2008.

Ord. No. 1266-07. By Council Member Turner. An ordinance changing the Use Districts of property located on the north and south sides of Miles Avenue between East 167th Street and the City Boundary to RA-2 Townhouse and Residence Industry as shown on the attached map (Map Change No.2239, Sheet No. 10). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Miles Avenue at its intersection with the southerly prolongation of the center- line of East 167th Street; Thence northerly along said centerline of East 167th Street to its intersection with the westerly prolongation of the centerline of an Unnamed Alley (20 feet wide); Thence southeasterly along said centerline of said Unnamed Alley and along its easterly prolongation to its intersection with the centerline of East 175th Street; Thence northerly along said centerline of East 175th Street to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to Billie Smith by deed dated November 8th, 2006 and record- ed in Auditor’s File Number 200611081010, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 143-08-080; Thence easterly along said westerly prolongation of said southerly line to its intersection with the easterly line thereof; Thence northerly along said easterly line and along its northerly prolongation to its intersection with the southerly line of a parcel of land conveyed to Oscar Williams and Tracey L. Johnson-Williams by deed dated May 8th, 2006 and recorded in Auditor’s File Number 200605080180, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 143-08-030; Thence easterly along said southerly line to its intersection with the easterly line thereof said line also being known as the easterly line of the Glen-Alta Subdivision as shown on the recorded plat in Volume 30, Page 30 of Cuyahoga County Map Records; 1244 June 18, 2008 The City Record 19

Thence southerly along said easterly line and along its southerly prolongation to its intersection with the cen- terline of Miles Avenue; Thence northwesterly along said centerline of Miles Avenue to its intersection with the southerly prolongation of the centerline of East 167th Street and the principal place of beginning, and shaded on the attached map is changed to an RA-2 (Residential Attached) Townhouse District. Section 2. That the Use District of lands bounded and described as follows: Beginning in the centerline of Miles Avenue at its intersection with the centerline of Lee Road; Thence southeasterly along said centerline of Miles Avenue to its intersection with the northerly prolongation of the easterly line of Sublot Number 7 in the Seaboyne Allotment Not Recorded, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 143-10-001, said intersection being hereafter known as the principal place of beginning; Thence southerly along said northerly prolongation and along its southerly prolongation to its intersection with the northerly line of Sublot Number 1 in said Seaboyne Allotment, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 143-10-025; Thence southeasterly along said northerly line to its intersection with the easterly line thereof; Thence southerly along said easterly line and along its southerly prolongation to its intersection with the centerline of the Cleveland and Mahoning Valley Railway; Thence southeasterly along said centerline to its intersection with the southerly prolongation of the easterly line of Sublot Number 46 in said Seaboyne Allotment, said parcel also being known as Cuyahoga County Audi- tor’s Permanent Parcel Number 143-10-019; Thence northerly along said easterly line and along its northerly prolongation to its intersection with the cen- terline of Miles Avenue; Thence northwesterly along said centerline of Miles Avenue to its intersection with the northerly prolongation of the easterly line of Sublot Number 7 in the Seaboyne Allotment Not Recorded, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 143-10-001, said point being the principal place of beginning; and shaded on the attached revised map is changed to a Residence Industry District. Section 3. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2239, Sheet No. 10, and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 4. That this ordinance shall take effect and be in force from and after the earliest period allowed by law. Revised Map.

Passed June 9, 2008. Effective July 19, 2008. 1245 20 The City Record June 18, 2008

Ord. No. 1268-07. By Council Member Zone. An ordinance changing the Use Districts of parcels on the north and south sides of Lorain Road between West 80th Street and West 73rd Street to a Local Retail Business District (Map Change No. 2240, Sheets 1 & 2). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use Districts of lands bounded and described as follows: Beginning in the centerline of Lorain Road at its intersection with the centerline of West 80th Street; Thence northerly along said centerline of West 80th Street to its intersection with the westerly prolongation of the centerline of Colgate Court; Thence northeasterly along said centerline of Colgate Court to its intersection with the centerline of West 73rd Street; Thence southerly along said centerline of West 73rd Street and along its southerly prolongation to its inter- section with Lorain Road; Thence westerly along said centerline of Lorain Road to its intersection with the northerly prolongation of the centerline of West 73rd Street; Thence southwesterly along said centerline of West 73rd Street to its intersection with the easterly prolon- gation of the centerline of Grace Avenue; Thence northwesterly along said prolongation of said centerline of Grace Avenue to its intersection with the southerly prolongation of the centerline of West 74th Street; Thence northeasterly along said prolongation of said centerline of West 74th Street and along its northerly prolongation to its intersection with the easterly prolongation of the centerline of Nordica Avenue; Thence southwesterly along said easterly prolongation of said centerline of Nordica Avenue and along its westerly prolongation to its intersection with the centerline of West 80th Street; Thence northerly along said centerline of West 80th Street to its intersection with the centerline of Lorain Road and the principal place of beginning; Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2240, Sheet Numbers 1 & 2 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 9, 2008. Effective July 19, 2008. 1246 June 18, 2008 The City Record 21

Ord. No. 2023-07. By Council Member Cimperman. An ordinance to change the zoning of parcels on the northeast corner of Marquette Street and Saint Clair Avenue from Semi-Industry to Local Retail Business (Map Change No. 2247 Sheet No. 4). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use Districts of lands bounded and described as follows: Beginning in the centerline of Saint Clair Avenue at its intersection with the centerline of Marquette Street; Thence northwesterly along the centerline of Marquette Street to its intersection with the southwesterly prolongation of the northwesterly line of Sublot Number 4 in the Keiper Partition Subdivision as shown on the recorded plat in Volume 675, Page 366 of Cuyahoga County Map Records, said parcel also being known as Cuyahoga County Auditor’s Permanent Parcel Number 105-08-021; Thence northeasterly along said southwesterly prolongation to its intersection with the northeasterly line there- of; Thence southeasterly along said northeasterly line and along its southeasterly prolongation to its intersection with the centerline of Saint Clair Avenue; Thence southwesterly along said centerline to its intersection with the centerline of Marquette Street and the principal place of beginning; and as shaded on the attached map is changed to a Local Retail Business. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2247, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 9, 2008. Effective July 19, 2008. 1247 22 The City Record June 18, 2008

Ord. No. 169-08 (Duplicate – Origi- land reutilization program and, as from the Northwesterly corner of nal Lost). such, can be transferred under Sec- said Sublot No. 5; By Council Member Kelley. tion 5722.07 of the Revised Code Thence Westerly along the South- An emergency ordinance to supple- without the consent of other leg- erly line of Hough Avenue N.E., ment the Codified Ordinances of islative authorities only if: (a) the 62.40 feet to the Northeasterly cor- Cleveland, Ohio, 1976, by enacting property is sold at not less than fair ner of land conveyed to Hough Prop- new Section 139.20 thereof, relating market value under the policies of erty, Inc., by deed dated May 20, to Department of Port Control Police. the Land Reutilization Program; 1948 and recorded in Volume 6498, Whereas, this ordinance consti- and (b) the property is subject to Page 481 of Cuyahoga County tutes an emergency measure provid- such restrictions and covenants as Records; ing for the usual daily operation of appropriate to assure the land’s Thence Southerly along the East- a municipal department; now, there- effective reutilization; and erly line of land so conveyed to fore, Whereas, this ordinance consti- Hough Property, Inc., 70 feet to the Be it ordained by the Council of tutes an emergency measure provid- Southeasterly corner thereof; the City of Cleveland: ing for the usual daily operation of Thence Westerly along the South- Section 1. That the Codified Ordi- a municipal department; now, there- erly line of land conveyed to Hough nances of Cleveland, Ohio, 1976, are fore, Property, Inc., 0.11 feet to a point hereby supplemented by enacting Be it ordained by the Council of which is distant 25 feet Westerly new Section 139.20 thereof, to read the City of Cleveland: from the Easterly line of said Sublot as follows: Section 1. That notwithstanding No. 4; and as an exception to the provi- Thence Southerly and parallel Section 139.20 Department of Port sions of Chapters 181 and 183 of the with the Easterly line of said Sublot Control Special Police Force Codified Ordinances of Cleveland, No. 4, about 70.35 feet to the Souther- Pursuant to the Charter of the Ohio, 1976, the Director of Commu- ly line of said Sublot No. 4; City of Cleveland, the Director of nity Development and the Commis- Thence Easterly along the South- Port Control is authorized to utilize sioner of Purchases and Supplies are erly line of said Sublots Nos. 4 and all special police officers commis- authorized to enter into an agree- 5, 62.50 feet; sioned for the purpose of providing ment for and on behalf of the City Thence Northerly and parallel protection and security at Depart- of Cleveland with the Rahims pro- with the Westerly line of said ment of Port Control facilities. The viding for the exchange of real Sublot No. 5 about 140.35 feet to the Director, in conjunction with the property, including transfer of fee place of beginning, as appears by Director of Public Safety, shall pro- title to the Rahims of the following said plat, be the same more or less, mulgate any rules and regulations described property: but subject to all legal highways. necessary to implement a Special Also subject to zoning ordinances, Police Force for the Department of PPN 118-07-094 if any. Port Control. The officers in the Situated in the City of Cleveland, Section 3. That the agreement Special Police Force authorized by County of Cuyahoga and State of authorized shall be prepared by the this section shall be employees of Ohio, and known as being all of Director of Law and shall include the City of Cleveland and subject Sublot No. 19 and the Northerly 5 assurances that the exchange was to all Civil Service rules and regu- feet 4 inches of Sublot No. 20 in conducted using fair market values, lations. The Chief of Police shall Miller, Simpson and Waite’s Allot- as determined by the Board of Con- determine the scope of their author- ment of part of Original 100 Acre trol; and that the City property ity and maintain control over the Lot No. 339, as shown by the record- being transferred to the Rahims is special police officers in accordance ed plat in Volume 6 of maps, Page subject to restrictions and covenants with the Charter. The minimum 22 of Cuyahoga County Records, as the Director of Community Devel- qualifications for these positions and together forming a parcel of opment deems necessary or appro- and the schedule of compensation land having a frontage of 40 feet priate to assure the land’s effective for these officers shall be deter- on the Easterly side of East 71st reutilization. mined in accordance with the Char- Street (formerly Giddings Avenue) Section 4. That the conveyance ter. and extending back of equal width referred to in Section 1 shall be Section 2. That this ordinance is 182 feet deep to the Westerly line made by official deed prepared by hereby declared to be an emergency of East 72nd Place (formerly Percy the Director of Law and executed by measure and, provided it receives Place) as appears by said plat, be the Mayor on behalf of the City of the affirmative vote of two-thirds of the same more or less, but subject Cleveland. The deed shall contain all the members elected to Council, to all legal highways, subject to provisions necessary to protect the it shall take effect and be in force restrictions, limitations, conditions, parties and their respective inter- immediately upon its passage and easements and zoning ordinances. approval by the Mayor; otherwise it Also subject to zoning ordinances. ests, including restrictive covenants shall take effect and be in force This property is conveyed subject deemed necessary by the Directors from and after the earliest period to certain Party Wall Agreement, of Community Development and allowed by law. recorded on May 16, 1911, in Volume Law, and shall specifically contain Passed June 9, 2008. 1338, Page 208 and 209 of Cuyahoga a provision against the erection of Effective June 16, 2008. County Records, which agreement any advertising signs or billboards, was made by and between Cornelia excepting permitted identification Root Gin and Maude Fenton. signs. Section 2. That the agreement Section 5. That the Director of Ord. No. 243-08. shall also provide that the Rahims Community Development is autho- By Council Members Lewis, Pierce shall transfer fee title to the City of rized to execute on behalf of the Scott, Cimperman and Sweeney (by Cleveland of the following described City of Cleveland all necessary doc- departmental request). property: uments to exchange the properties An emergency ordinance authoriz- and to employ and pay all fees for ing the Director of Community PPN 119-03-037 title companies, surveys, escrows, Development and the Commissioner Situated in the City of Cleveland, appraisers, environmental audits of Purchases and Supplies to enter County of Cuyahoga and State of and all other costs necessary for the into an agreement with Rafi A. Ohio and known as being the East- transfer of the properties. Rahim and Linda A.A. Rahim pro- erly part of Sublot No. 4 and the Section 6. That this ordinance is viding for the exchange of real Westerly one-half of Sublot No. 5 in declared to be an emergency mea- properties. the C.D. Bishop’s Subdivision of part sure and, provided it receives the Whereas, the Department of Com- of Original One Hundred Acre Lot affirmative vote of two-thirds of all munity Development desires to enter 391, as shown by the recorded plat the members elected to Council, it into an agreement with Rafi A. in Volume 14 of Maps, Page 11 of shall take effect and be in force Rahim and Linda A.A. Rahim (“the Cuyahoga County Records, and immediately upon its passage and Rahims”) providing for the even together forming a parcel of land, approval by the Mayor; otherwise it exchange of certain real properties; bounded and described as follows: shall take effect and be in force and Beginning on the Southerly line of from and after the earliest period Whereas, the City property to be Hough Avenue, N.E., at a point allowed by law. transferred to the Rahims is a com- which is distant 37.50 feet Easterly Passed June 9, 2008. ponent of the City of Cleveland’s measured along said Southerly line Effective June 16, 2008. 1248 June 18, 2008 The City Record 23

Ord. No. 447-08. tion 4511.11 and related sections of provided in the aforesaid manual By Council Members Lewis, Pierce the Revised Code; are met. Scott, Brady, Cimperman and Swee- (e) Follow and maintain post-con- (j) That no rule or regulation may ney (by departmental request). struction Best Management Prac- be enacted restricting the use of the An emergency ordinance giving tices as outlined in the Municipal Improvement by any class of vehi- consent of the City of Cleveland to Storm Water Permit that is filed cle or vehicle load permitted by the the Board of County Commissioners with the Ohio Environmental Pro- Revised code to use a public high- for improving the intersection of tection Agency; and way. Any existing rule or regulation East 105th Street and Martin Luther (f) Prohibit all parking within the so restricting road usage is rescind- King Drive; authorizing the Direc- limits of the roadway which is a ed. tor of Public Service to enter into part of the Improvement under Sec- Section 6. That this Council re- any relative agreements; to apply tion 4511.66 of the Revised Code, quests the County to proceed with for and accept an allocation of Coun- unless otherwise controlled by City the Improvement. ty Motor Vehicle License Tax Funds ordinance or resolution. Section 7. That the Director of for the improvement; and causing Section 5. (a) That all existing Public Service is authorized to enter payment of the City’s share to the streets and public rights-of-way into an agreement with the County County for the cost of the improve- within the City that are necessary concerning the financing of the ment. for the Improvement shall be made Improvement, which agreement Whereas, this ordinance consti- available. shall contain without limitation tutes an emergency measure provid- (b) That in the event any addi- terms substantially similar to the ing for the usual daily operation of tional right-of-way is required for following: a municipal department; now, there- the Improvement the County will (a) That the County will arrange fore, arrange for its acquisition. for the preparation of construction Be it ordained by the Council of (c) That the County shall contin- plans and specifications for the the City of Cleveland: ue to maintain the structural ele- Improvement, including necessary Section 1. That it is declared to be ments of any bridge (defined as a engineering reports, under current in the public interest that the con- structure with a span of twenty (20) Cuyahoga County standards for con- sent of the City of Cleveland is feet or greater) within the limits of struction of County roads and given to the Board of County Com- the Improvement under applicable bridges. missioners (the “County”), the Ohio sections of the Revised Code. (b) That the County will arrange Department of Transportation, and (d) That the street within the lim- for the supervision and administra- the Cleveland Foundation to con- its of the Improvement is designat- tion of the construction contract. struct the following improvement ed a through highway within the (c) That if, by ordinance of this under plans, specifications, and esti- meaning of division (F) of Section Council, the City requests the Coun- mates approved by the County: 4511.07 of the Revised Code. ty, to include in the Improvement improving the intersection of East (e) That arrangements have been the construction of sanitary sewers, 105th Street and Martin Luther King or will be made with and agree- water lines, sewers for drainage of Drive (the “Improvement”). ments obtained from all utility com- the area surrounding the Improve- Section 2. That the City proposes panies whose lines or structures will ment, sidewalks, alternate bid items to cooperate with the County, the be affected by the Improvement. or other items that are in addition Ohio Department of Transportation, That the companies have agreed to to those now existing in the plans and the Cleveland Foundation in the make any and all necessary for the Improvement and not pro- cost of the Improvement by assum- rearrangements in such manner as vided for elsewhere in the agree- ing and contributing up to $500,000 to be clear of any construction ment, the County will do so, provid- towards the cost and expense of the called for by the plans for the ed that the construction of the addi- construction phase of the Improve- Improvement. That the companies tional items are approved by the ment and to the extent of funds have agreed to make necessary County and the City, and provided received by an allocation from the rearrangements immediately after further that the City agrees to pay County Motor Vehicle $5.00 License notification by the City. or cause to be paid the cost of the Tax Fund; and by applying to the (f) That the City, at its own additional construction and of pre- Board of County Commissioners to expense, shall make all rearrange- liminary and design engineering, use the License Tax Fund for the ments of water mains, service lines, but the City shall not be responsi- Improvement. However, the City fire hydrants, valve boxes, sanitary ble for the cost of supervision of the agrees to assume and contribute sewers, or other City-owned utilities additional construction. 100% of the cost of any items includ- and appurtenances which do not (d) That the City agrees to par- ed in the construction contract, at comply with the provisions of ODOT ticipate with the County in the cost the request of the City, which are Directive No. 28-A, whether inside or of the Improvement by an allocation determined by the County not eligi- outside the corporate limits of the from the County Motor Vehicle ble or made necessary by the City, as may be necessary to con- License Tax Fund to pay the Coun- Improvement. form to the Improvement. ty portion of the Improvement. Section 3. That the Director of (g) That the County will partici- (e) That if the Improvement is Public Service is authorized to enter pate in the costs of alterations of financed as a Federal-aid project, into one or more agreements with governmentally-owned utility facili- eligible costs of the Improvement the County necessary to complete ties which come within the provi- shall be financed from the funds. the planning and construction of the sions of ODOT Directive No. 28-A to (f) That within the corporate lim- Improvement, which agreements the same extent that it participates its of the City, the City agrees to shall contain terms and conditions in the other costs of the Improve- contribute 50% of the cost of con- that the Director of Law determines ment, provided that such participa- struction, including construction shall best protect the public inter- tion will not extend to additions or supervision, up to a maximum of est. betterments of existing facilities. $500,000. Any terms appearing else- Section 4. That on completion of (h) That the construction, recon- where in this Agreement which vary the Improvement, the City will: struction, and rearrangement of all from those set forth in this para- (a) Keep the affected highway utilities shall be done in a manner graph shall take precedence. open to traffic at all times; as not to interfere unduly with the (g) That if funds administered by (b) Maintain the Improvement operations of the contractor or con- the Ohio Public Works Commission according to the provisions of the tractors constructing the Improve- are used for this project, the amount statutes relating thereto and make ment, and all backfilling of trench- of such funds will be deducted from ample financial and other provisions es made necessary by utility re- designated project costs prior to the for the maintenance; arrangement shall be performed application of the participatory per- (c) Maintain the right-of-way and under the provisions of the ODOT centages specified in this Agree- keep it free of obstruction in a man- Construction and Material Specifica- ment. ner satisfactory to the County and tions. (h) That the County shall con- hold the right-of-way inviolate for (i) If applicable, that stop signs tribute 50% of the cost of construc- public highway purposes and permit affecting the movement of traffic on tion, including construction supervi- no signs, posters, billboards, road- any street within the limits of the sion, up to a maximum of $500,000. side stands, or other private instal- Improvement shall be removed and Any terms appearing elsewhere in lations within the limits of the no stop signs will be erected except this Agreement which vary from right-of-way; at intersections with another those set forth in this paragraph (d) Place and maintain all traffic through highway where traffic does shall take precedence. control devices under the Ohio Man- not warrant the installation of a Section 8. That the Director of ual of Uniform Traffic Control traffic control signal but where the Public Service is authorized to apply Devices under the provisions of Sec- warrants for a “Four-Way Stop” as to the County for an allocation from 1249 24 The City Record June 18, 2008 the County Motor Vehicle License a municipal department; now, there- equipment to be purchased by the Tax Fund to pay the County portion fore, Commissioner of Purchases and Sup- of the Improvement, and to enter Be it ordained by the Council of plies on a unit basis for the Depart- into one or more agreements with the City of Cleveland: ment of Parks, Recreation and Prop- the County as are necessary to Section 1. That under Section 167 erties. finance the Improvement. of the Charter of the City of Cleve- Section 6. That, provided the City Section 9. That the Director of land, it is determined to make the of Cleveland sells the subordinate Public Service is authorized to apply public improvement of constructing, tax bonds authorized by Ordinance to the County for approval to use rehabilitating, renovating, replacing No. 123-08, passed February 25, 2008, County Motor Vehicle License Tax or otherwise improving recreation the Director of Parks, Recreation funds to pay for the Improvement, facilities, buildings, and other simi- and Properties is authorized to to accept the funds and to file all lar structures on City-owned and employ by contract one or more papers and execute all documents City-leased park property, including architects, landscape architects and necessary to receive the funds; and all site improvements and appurte- engineers, or one or more firms of that the funds are appropriated for nances necessary and incidental, for architects, landscape architects and the purposes described in this ordi- the Department of Parks, Recreation engineers, necessary to implement nance. and Properties, by one or more con- the public improvements authorized Section 10. That the Director of tracts duly let to the lowest respon- in this ordinance. The selection of Public Service is authorized to exe- sible bidder or bidders after com- the consultants for the services cute on behalf of the City all doc- petitive bidding for a gross price for shall be made by the Board of Con- uments necessary to acquire the the improvement. trol on the nomination of the Direc- property and to employ and pay all Section 2. That, provided the City tor of Parks, Recreation and Prop- fees for title companies, surveys, of Cleveland sells the subordinate erties from a list of qualified con- escrows, appraisers, environmental tax bonds authorized by Ordinance sultants available for the employ- audits, and all other costs necessary No. 123-08, passed February 25, 2008, ment as may be determined after a for acquisition of the property. the Director of Parks, Recreation full and complete canvass by the Section 11. That this Council and Properties is authorized to enter Director of Parks, Recreation and authorizes payment to the County of into one or more contracts for the Properties for the purpose of com- the City’s share of the Improvement making of the public improvement piling the list. The compensation to from Fund Nos. 20 SF 364, 20 SF 373, with the lowest responsible bidder be paid for the services shall be 20 SF 380, 20 SF 383, 20 SF 394, 20 after competitive bidding for a gross fixed by the Board of Control. The SF 500, 20 SF 506, and 20 SF 510, price for the improvement, provided, contract or contracts authorized Request No. 175523. however, that each separate trade shall be prepared by the Director of Section 12. That the Clerk of Coun- and each distinct component part of Law, approved by the Director of cil is authorized and directed to the improvement may be treated as Parks, Recreation and Properties transmit to the County three (3) cer- a separate improvement, and each, and certified by the Director of tified copies of this ordinance imme- or any combination, of the trades or Finance. diately on its taking effect, and it components may be the subject of a Section 7. That, provided the City shall become the basis for proceed- separate contract for a gross price. of Cleveland sells the subordinate ing with the Improvement. On request of the director the con- tax bonds authorized by Ordinance Section 13. That this ordinance is tractor shall furnish a correct sched- No. 123-08, passed February 25, 2008, declared to be an emergency mea- ule of unit prices, including profit under Section 167 of the Charter of sure and, provided it receives the and overhead, for all items consti- the City of Cleveland, it is deter- affirmative vote of two-thirds of all tuting units of the improvement. mined to make the public improve- the members elected to Council, it Section 3. That under Section 167 ment of constructing, rehabilitating, shall take effect and be in force of the Charter of the City of Cleve- renovating, replacing or otherwise immediately upon its passage and land, it is determined to make the improving recreation facilities, build- approval by the Mayor; otherwise it public improvement of constructing, ings, and other similar structures, shall take effect and be in force rehabilitating, renovating, replacing and parks and playgrounds, on City- from and after the earliest period or otherwise improving parks and owned and City-leased park proper- allowed by law. playgrounds on City-owned and City- ty including all site improvements Passed June 9, 2008. leased park property, including all and appurtenances necessary and Effective June 16, 2008. site improvements and appurte- incidental, which are not covered by nances necessary and incidental, for the contract or contracts authorized the Department of Parks, Recreation by Sections 2 and 4 of this ordinance and Properties, by one or more con- by the direct employment of the nec- Ord. No. 451-08. tracts duly let to the lowest respon- essary labor, and the purchase or By Council Members Johnson, sible bidder or bidders after com- rental of the necessary supplies and Cimperman and Sweeney (by de- petitive bidding on a unit basis for materials for the making of the partmental request). the improvement. improvement, which supplies and An emergency ordinance deter- Section 4. That, provided the City materials are not covered by the mining the method of making the of Cleveland sells the subordinate contract or contacts authorized by public improvement of constructing, tax bonds authorized by Ordinance Section 5 of this ordinance, with a rehabilitating, renovating, replacing No. 123-08, passed February 25, 2008, separate accounting as to each or otherwise improving recreation the Director of Parks, Recreation improvement made. facilities, buildings, and other simi- and Properties is authorized to enter Section 8. That the cost of the lar structures, and parks and play- into one or more contracts for the improvement, professional services, grounds, on City-owned and City- making of the public improvement and purchases shall be paid from leased park property, including site with the lowest responsible bidder Fund Nos. 20 SF 361, 20 SF 370, 20 improvements and appurtenances; after competitive bidding on a unit SF 377, 20 SF 382, and 20 SF 392, 20 authorizing the Director of Parks, basis for the improvement, provided, SF 501, 20 SF 504, 20 SF 508, and Recreation and Properties to enter however, that each separate trade from the proceeds of the sale of sub- into one or more contracts for the and each distinct component part of ordinate tax bonds authorized by making of the improvements; to the improvement may be treated as Ordinance No. 123-08, passed Febru- employ one or more architectural, a separate improvement, and each, ary 25, 2008, if the City sells such landscape architectural or engineer- or any combination, of the trades or bonds, Request No. 132953, and from ing firms and other consultants nec- components may be the subject of a any other funds appropriated for essary to provide professional ser- separate contract on a unit basis. this purpose. vices relating to the improvement; Section 5. That, provided the City Section 9. That this ordinance is and authorizing the Director to of Cleveland sells the subordinate declared to be an emergency mea- enter into one or more contracts for tax bonds authorized by Ordinance sure and, provided it receives the the making of the improvement to No. 123-08, passed February 25, 2008, affirmative vote of two-thirds of all parks and to proceed with the the Director of Parks, Recreation the members elected to Council, it improvement to recreation facilities and Properties is authorized to shall take effect and be in force not otherwise improved by the direct make one or more written contracts immediately upon its passage and employment of the necessary labor, under the Charter and the Codified approval by the Mayor; otherwise it for the Department of Parks, Recre- Ordinances of Cleveland, Ohio, 1976, shall take effect and be in force ation and Properties. for each or all of the items com- from and after the earliest period Whereas, this ordinance consti- prising the necessary supplies and allowed by law. tutes an emergency measure provid- materials for the improvement, Passed June 9, 2008. ing for the usual daily operation of including the rental of necessary Effective June 16, 2008. 1250 June 18, 2008 The City Record 25

Ord. No. 452-08. Landseer Road and 18012 Hiller Beachland Subdivision No. 2 of part By Council Members Johnson, Avenue, for the Department of Com- of Euclid Township Lot No. 15, as Cimperman and Sweeney (by depart- munity Development; and authoriz- shown by the recorded plat in Vol- mental request). ing the Commissioner of Purchases ume 33 of Maps, Page 3 of Cuyahoga An emergency ordinance deter- and Supplies to convey the proper- County Records, as appears by said mining the method of making the ties to Northeast Shores Develop- plat. public improvement of constructing, ment corporation, or its designee, Section 2. That the Director of reconstructing, and rehabilitating which are not needed for public use. Community Development is autho- Cleveland Memorial Gardens, and Whereas, the Director of Commu- rized to execute on behalf of the the Denison and Brookmere Ceme- nity Development has requested the City of Cleveland all necessary doc- teries; and authorizing the Director purchase of properties located at uments to acquire and to convey of Parks, Recreation and Properties 18410 Landseer Road and 18012 the properties and to employ and to enter into one or more public Hiller Avenue for future redevelop- pay all fees for title companies, improvement contracts for the mak- ment; and surveys, escrows, appraisers, envi- ing of the improvement. Whereas, the Director of Commu- ronmental audits, and all other Whereas, this ordinance consti- nity Development has requested the costs necessary for the acquisition tutes an emergency measure provid- sale of the properties to Northeast of the properties. ing for the usual daily operation of Shores Development corporation, or Section 3. That the consideration a municipal department; now, there- its designee (the “Redeveloper”) to be paid for this properties shall fore, which are not needed for public use, not exceed $1.00 each, and other Be it ordained by the Council of for the public purpose of future valuable consideration, determined the City of Cleveland: redevelopment of the properties; and to be fair market value. Section 1. That, under Section 167 Whereas, this ordinance consti- Section 4. That all costs of acqui- of the Charter of the City of Cleve- tutes an emergency measure provid- sition of land shall be paid from land, this Council determines to ing for the usual daily operation of Fund No. 14. make the public improvement of a municipal department; now, there- Section 5. That this Council finds constructing, reconstructing, and re- fore, that the conveyance to the Redevel- habilitating Cleveland Memorial Be it ordained by the Council of oper constitutes a public use of the Gardens, and the Denison and the City of Cleveland: properties for the purposes of rede- Brookmere Cemeteries, including Section 1. That notwithstanding velopment. but not limited to installing fencing and as an exception to the provi- Section 6. That at the direction of and signage, for the Division of sions of Chapter 181 and 183 of the the Board of Control, the Commis- Research, Planning and Develop- Codified Ordinances of Cleveland, sioner of Purchases and Supplies is ment, Department of Parks, Recre- Ohio, 1976, the Commissioner of Pur- authorized to convey the properties ation and Properties, by one or more chases and Supplies is authorized to previously described in this ordi- contracts duly let to the lowest purchase the following described nance to the Redeveloper, for $1.00 responsible bidder or bidders after properties for future redevelopment: each, and other valuable considera- competitive bidding on a unit basis tion, which is determined to be fair for the improvement. P. P. No. 114-08-091 market value by the Board of Con- Section 2. That, provided the City Situated in the City of Cleveland, trol, or taking into account all of Cleveland sells the subordinate County of Cuyahoga and State of restrictions, reversionary interests tax bonds authorized by Ordinance Ohio: And known as being the East- and similar encumbrances placed by No. 122-08, passed February 25, 2008, erly parts of Sublot Nos. 34 and 35 the City of Cleveland in the deeds the Director of Parks, Recreation in W.T. Redmond’s Boulevard Es- of conveyance. and Properties is authorized to enter tates Subdivision of part of Original Section 7. That the conveyance into one or more contracts for the Euclid Township, Tract No. 15, as shall be made by official deeds pre- making of the public improvement shown by the recorded plat in Vol- pared by the Director of Law and with the lowest responsible bidder ume 84 of Maps, Page 8 of Cuyahoga executed by the Mayor on behalf of or bidders after competitive bidding County Records and bounded and the City of Cleveland. The deeds on a unit basis for the improvement, described as follows: shall contain necessary provisions, provided, however, that each sepa- Beginning at the intersection of including restrictive reversionary rate trade and each distinct compo- the Northeasterly line of Sublot No. interests as may be specified by the nent part of the improvement may 36 in the W.T. Redmond’s Subdivi- Board of Control or Director of Law, be treated as a separate improve- sion with the Southeasterly line of which shall protect the parties as ment, and each, or any combination, Lake Shore Boulevard, N.E. (80 feet their respective interests require of the trades or components may be wide); thence South 62° 59' 00" East and shall specifically contain a pro- the subject of a separate contract on along the Northeasterly line of said vision against the erection of any a unit basis. Sublot No. 36, 118-04/100 feet to a advertising signs or billboards ex- Section 3. That the cost of the stake set and the principal place of cept permitted identification signs. improvement authorized shall be beginning of the premises herein Section 8. That this ordinance is paid from Fund No. 20 SF 511, from Intended to be described; thence con- declared to be an emergency mea- the proceeds of the sale of subordi- tinuing South 62° 58' 00" East along sure and, provided it receives the nate tax bonds authorized by Ordi- the Northeasterly line of said Sublot affirmative vote of two-thirds of all nance No. 122-08, passed February No. 36, 42-79/100 feet to a stake; the members elected to Council, it 25, 2008, if the City sells such bonds, thence North 31° 44' 13" East, along shall take effect and be in force Request No. 132954, and from any the Northwesterly line of Sublot No. immediately upon its passage and other funds appropriated for this 36 in said W.T. Redmond’s Subdivi- approval by the Mayor; otherwise it purpose. sion, 91-8/100 feet to an iron pin shall take effect and be in force Section 4. That this ordinance is found in the Southwesterly side line from and after the earliest period declared to be an emergency mea- of Hiller Avenue, N.E. (50 feet allowed by law. sure and, provided it receives the wide); thence along the Southeast- Passed June 9, 2008. affirmative vote of two-thirds of all erly side line of said Hiller Avenue, Effective June 16, 2008. the members elected to Council, it N.E, around an arc deflecting to the shall take effect and be in force right having a radius of 1341-34/100 immediately upon its passage and feet and arc distance of 40 feet, the approval by the Mayor; otherwise it chord of which bears North 67° 34' Ord. No. 459-08. shall take effect and be in force 39" West, a distance of 40 feet to a By Council Members Lewis and from and after the earliest period stake set; thence South 23° 26' 44" Sweeney (by departmental request). allowed by law. West, 87-77/100 feet to the principal An emergency ordinance authoriz- Passed June 9, 2008. place of beginning and being fur- ing the Director of Personnel and Effective June 16, 2008. ther known as Sub Lot “C” accord- Human Resources to enter into an ing to a survey dated June 18, 1948, amendment to Contract No. 65742 made by Frank A. Thomas and with Acxiom Information Security Associates, Civil Engineers and Sur- Services to continue to provide pre- Ord. No. 453-08. veyors, be the same more or less, employment background and crimi- By Council Members Polensek, but subject to all legal highways. nal checks, for a period not to Pierce Scott, Cimperman and Swee- exceed one year. ney (by departmental request). P. P. No. 114-09-009 Whereas, this ordinance consti- An emergency ordinance authoriz- Situated in the City of Cleveland, tutes an emergency measure provid- ing the Commissioner of Purchases County of Cuyahoga and State of ing for the usual daily operation of and Supplies to purchase properties Ohio and known as being Sublot No. a municipal department; now, there- for future redevelopment at 18410 83 in The Realty Trust Company’s fore, 1251 26 The City Record June 18, 2008

Be it ordained by the Council of Northerly line of PPN 002-33-065 Juliana Meivogel by deed dated the City of Cleveland: being a parcel of land conveyed to November 26, 1999 and being also Section 1. That, notwithstanding Edward A. Raffel by deed recorded known as PPN 002-30-038; thence any provision of the Codified Ordi- on June 17, 1999; thence Westerly Northerly along the Southerly pro- nances of Cleveland, Ohio, 1976, to along the Northerly line of said PPN longation and Easterly line of said the contrary, the Director of Per- 002-33-065 and along the Northerly PPN 002-30-038 to the Northeasterly sonnel and Human Resources is line of PPN 002-33-125 being a par- corner thereof; thence Westerly authorized to enter into an amend- cel of land conveyed to Edward Raf- along the Northerly line of PPN 002- ment to Contract No. 65742 with Acx- fel by deed recorded in AFN 30-038 and the Northerly line of a iom Information Security Services to 11211406 on November 21, 2005 and parcel of land conveyed to Rocky continue to provide pre-employment its Westerly prolongation to the cen- Melendez by deed dated September background and criminal checks, for terline of West 54th Street (60 feet 1, 2000 and being also known as the Department of Personnel and wide); thence Southerly along the PPN 002-30-039 to the Easterly line Human Resources for a period not centerline of said West 54th Street of Sublot number 237 in the Gordon to exceed one year. The cost of the to the Easterly prolongation of the Avenue Allotment as shown by the amendment shall be paid from Fund Northerly line of a parcel of land recorded plat in Volume 21 Page 2 No. 01-040200-632000, Request No. conveyed to Michael Dapollo by of Cuyahoga County Map Records; 162025. deed recorded in AFN 8010920 on thence Southerly along the Easterly Section 2. That this ordinance is August 1, 2003 and being also line of Sublot number 237 in said declared to be an emergency mea- known as PPN 002-33-069; thence Gordon Avenue Allotment to the sure and, provided it receives the Westerly along the Easterly prolon- Southeasterly corner thereof; thence affirmative vote of two-thirds of all gation and the Northerly line of said Westerly along the Southerly line of the members elected to Council, it PPN 002-33-069 to the Northwesterly Sublot numbers 237 and 238 in said shall take effect and be in force corner thereof; thence Southerly Gordon Avenue Allotment and the immediately upon its passage and along the Westerly line of said PPN Westerly prolongation across West approval by the Mayor; otherwise it 002-33-069 to the Northerly line of a 59th Street (32 feet wide) to the shall take effect and be in force parcel of land conveyed to Ral Prop- Southerly line of Sublot number 239 from and after the earliest period erties Ltd. By deed recorded in AFN in said Gordon Avenue Allotment; allowed by law. 8281669 on August 28, 2003 and being thence continuing Westerly along Passed June 9, 2008. also known as PPN 002-33-070; the Southerly lines of Sublot num- Effective June 16, 2008. thence Westerly along the Norther- bers 239 through 252 both inclusive ly line of said PPN 002-33-070 to the in the aforesaid Gordon Avenue Northwesterly corner thereof; thence Allotment to the centerline of West Southerly along the Westerly line of 64th Place (15 feet wide); thence Ord. No. 460-08. said PPN 002-33-070 to the Northerly Southerly along the centerline of By Council Member Zone. line of a parcel of land conveyed to said West 64th Place to the Easter- An emergency ordinance to amend Gilberto A. and Angela Maldonado ly prolongation of the Southerly line Section 1 of Ordinance No. 1977-07, by deed recorded in AFN 63980053 on of a parcel of land conveyed to Mar- passed January 28, 2008, relating to July 2, 1997 and being also known garet Murrell by deed dated Febru- the establishment of the Franklin- as PPN 002-33-071; thence Westerly ary 27, 2001 and being also known West Clinton Historic District. along the Northerly line of said PPN as PPN 002-30-002; thence Westerly Whereas, this ordinance consti- 002-33-071 to the Westerly line of the along the Easterly prolongation and tutes an emergency measure provid- James M. Hoyt & James Wade Jr. the Southerly line of said PPN 002- ing for the immediate preservation Allotment as shown in Volume 1 30-002 and the Southerly line of land of the public peace, property, health, Page 17 of Cuyahoga County Map conveyed to Zelma Williams by deed and safety in that the immediate Records; thence Southerly along the dated July 22, 1991 and recorded in protection of the historic landmark Westerly line of said James M. Hoyt AFN 145030041 and being also is necessary to safeguard the spe- & James Wade Jr. Allotment to the known as PPN 002-30-099 to the cial historical, community, or aes- Easterly prolongation of the Southwesterly corner thereof; thence thetic interest or value in the land- Northerly line of Sublot number 89 Northerly along the Westerly line of mark; now therefore in the N. M. Standart Subdivision as said PPN 002-30-099 to the Northerly Be it ordained by the Council of shown by the recorded plat in Vol- line of a parcel of land conveyed to the City of Cleveland: ume 1 Page 22 of Cuyahoga County Marshall Dos-Reis by deed dated Section 1. That Section 1 of Ordi- Map Records said prolongation and November 1, 2006 and recorded in nance No. 1977-07, passed January Northerly line are distant Northerly AFN 11010536 and being also known 28, 2008, is amended to read as fol- 50 feet by rectangular measurement as PPN 002-30-098; thence Westerly lows: from the Northerly line of Scott along the Northerly line of said PPN Section 1. That the following area, Court N.W. (20 feet wide); thence 002-30-098 to the centerline of West outlined on the map attached here- Westerly along said Easterly pro- 65th Street (80 feet wide); thence to, is hereby designated the Frank- longation and Northerly line of Sub- Southerly along the centerline of lin-West Clinton Historic District: lot number 89 to the centerline of said West 65th Street to the center- Beginning on the centerline of West 57th Street (60 feet wide); line of Bridge Avenue (50 ft. wide); Franklin Boulevard (66 feet wide) thence Southerly along the center- thence Westerly along the center- at its intersection with the center- line of said West 57th Street to the line of said Bridge Avenue to the line of West 52nd Street (60 feet Easterly prolongation of the North- centerline of West 69th Street (40 ft. wide) thence Southerly along the erly line of Sublot number 6 in the wide); thence Northerly along the centerline of said West 52nd Street N. C. Brewer Subdivision as shown centerline of said West 69th Street to its intersection with the Easterly by the recorded plat in Volume 24 to the Easterly prolongation of the prolongation of the Southerly line of Page 2 of Cuyahoga County Map Northerly line of land conveyed to PPN 002-33-027 said line being par- Records; thence Westerly along the Garry Broeckel by deed dated March allel with and distant Northerly 10 Easterly prolongation and Northerly 19, 2004 and recorded in AFN 3190201 feet by rectangular measurement line of Sublot number 6 in said N. and being also known as PPN 002- from the Southerly line of Sublot C. Brewer Subdivision to the North- 23-016; thence Westerly along the number 11 in the Charles Cassen westerly corner thereof; thence Northerly line of said PPN 002-23-016 Allotment as shown by the recorded Southerly along the Westerly line of to the Easterly line of a parcel of plat in Volume 2 Page 35 of Cuya- said Sublot number 6 to the Norther- land conveyed to Ronald Lenz by hoga County Map Records; thence ly line of Sublot number 23 in the deed recorded on June 13, 1997 in Westerly along the Easterly prolon- N. M. Standart Subdivision as shown AFN 56120027 and being also known gation and Southerly line of said by the recorded plat in Volume 1, as PPN 002-23-013; thence Southerly PPN 002-33-027 to the Easterly line Page 22 of Cuyahoga County Map along the Easterly line of said PPN of land conveyed to Gail L. Gray by Records; thence Westerly along the 002-23-013 to the Southeasterly cor- deed recorded in AFN 51090042 on Northerly line of Sublot number 23 ner thereof; thence Westerly along June 29, 1995 and being also known to the Westerly line of said N. M. the irregular rear line of PPN 002- as PPN 002-33-026; thence Southerly Standart Subdivision; thence South- 23-013 to the most Southwesterly cor- along the Easterly line of said PPN erly along the Westerly line of said ner thereof; and being the Norther- 002-33-026 to the Southeasterly cor- N. M. Standart Subdivision to the ly line of a parcel of land conveyed ner thereof; thence Westerly along centerline of Bridge Avenue N. W. to John Robson by deed recorded on the Southerly line of said PPN 002- (66 ft. wide); thence Westerly along November 26. 2003 and recorded in 33-026 to the Southwesterly corner the centerline of said Bridge Avenue AFN 11260790 and being also known thereof; thence Northerly along the to the Southerly prolongation of the as PPN 002-23-100; thence Westerly Westerly line of the aforesaid PPN Easterly line of a parcel of land along the Northerly line of said PPN 002-33-026 to its intersection with the Conveyed to Kevin J. Meivogel and 002-23-100 to the centerline of West 1252 June 18, 2008 The City Record 27

71st Street (40 feet wide); thence vision to the Southeasterly corner of Franklin Boulevard to the Souther- Northerly along the centerline of Sublot number 20 in the aforesaid D. ly prolongation of the Easterly line said West 71st Street to its inter- Z. Herr & C. Gregerson Subdivision; of parcel “B” as aforesaid; thence section with the Easterly prolonga- thence Westerly along the Souther- Northerly along the Southerly pro- tion of the Northerly line of a par- ly line of said Sublot number 20 to longation and Westerly line of said cel of land conveyed to Chasen Ltd. the centerline of West 79th Street parcel “B” to the Southerly line of by deed dated February 4, 2004 and (29 feet wide); thence Southerly the Michael and Toni Mathews plat recorded in AFN 2040085 and being along the centerline of said West of consolidation as shown by the also known as PPN 002-23-079; 79th Street to the centerline of recorded plat in Volume 285, Page thence Westerly along the Easterly Wakefield Avenue (60 ft. wide); 91 of the Cuyahoga County Map prolongation and the Northerly line thence Westerly along the center- Records; thence Easterly along the of said PPN 002-23-079 and along the line of said Wakefield Avenue to Southerly line of the said Michael Northerly line of a parcel of land the Easterly line of a parcel of land and Toni Mathews parcel to the cen- conveyed to Eric A. Fritz by deed conveyed to 15 PPA Cleveland LLC terline of West 81st Street (50 feet dated April 15, 2005 and recorded in by deed recorded in Volume 98-1757, wide); thence Northerly along the AFN 4151067 and being also known Page 14 of Cuyahoga County deed centerline of said West 81st Street as PPN 002-23-078 to the centerline Records and being also known as to the Westerly prolongation of the of West 73rd Street (40 feet wide); PPN 002-21-015; thence Southerly Southerly line of Sublot number 13 thence Southerly along the center- along the Easterly line of said PPN in the Herman Junge Re-Subdivision line of said West 73rd Street to the 002-21-015 to the Southeasterly cor- as shown by the recorded plat in Easterly prolongation of the North- ner thereof; thence Westerly along Volume 21, Page 26 of Cuyahoga erly line of Sublot number 23 in the the Southerly line of said PPN 002- County Map Records; thence Easter- Franklin Avenue Subdivision as 21-015 to the South Easterly corner ly along the Westerly prolongation shown by the recorded plat in Vol- of PPN 002-21-009 conveyed to the and Southerly line of Sublot number ume 50 Pg. 40 of Cuyahoga County Magnaco Building Ltd. by deed 13 in said Herman Junge Re-Subdi- Map Records; thence Westerly along recorded in AFN 200207300361; thence vision to the centerline of West 80th the Easterly prolongation and the Westerly along the Southerly line of Street (25 feet wide); thence Northerly line of Sublot number 23 said PPN 002-21-009 to the South- Northerly along the centerline of and the Northerly line of Sublot easterly corner of PPN 002-21-050 said West 80th Street to the West- number 2 in the said Franklin conveyed to the Magnaco Building erly prolongation of the Northerly Avenue Subdivision to the centerline Ltd. as aforesaid; thence Westerly line of Sublot number 23 in the of West 74th Street (50 feet wide); along said Southerly line to the Charles Pease Subdivision as shown thence Southerly along the center- Southwesterly corner thereof; thence by the recorded plat in Volume 20, line of said West 74th Street to the Northerly along the Westerly line of Page 12 of Cuyahoga County Map Easterly prolongation of the said PPN 002-21-050 to the Southerly Records; thence Easterly along the Northerly line of a parcel of land line of PPN 002-21-010 Conveyed to Westerly prolongation and Norther- conveyed to Voyd A. and Thelma V. the Greater Cleveland RTA by deed ly line of Sublot number 23 and the Taylor by deed dated September 8, recorded in Volume 75-13869 Page Northerly line of Sublot number 24 1969 and being also known as PPN 562 of Cuyahoga County deed and 25 in said Charles Pease Subdi- 002-22-017; thence Westerly along the Records; thence Westerly along the vision to a point which is distant 16 Easterly prolongation and the Southerly line of said PPN 002-21-010 feet by rectangular measurement Northerly line of said PPN 002-22-017 to the Southwesterly corner thereof; from the Westerly line of Sublot to the Easterly line of a parcel of thence Northerly along the Western number 19 in said Charles Pease land conveyed to the City of Cleve- line of said PPN 002-21-010 to the Subdivision; thence Northerly and land (Land Bank) by deed dated centerline of Franklin Boulevard (66 parallel with said Westerly line of October 23, 2003 and recorded in feet wide); thence Westerly along Sublot number 19 as aforesaid to the AFN 10230745 and being also known the centerline of said Franklin Southerly line of Elsa Court (60 feet as PPN 002-22-114; thence Northerly Boulevard to the centerline of West wide); thence Easterly along the along the Easterly line of said PPN 85th Street (40 ft. wide); thence Southerly line of said Elsa Court to 002-22-114 to the Northeasterly cor- Northerly along the centerline of the Westerly line of Sublot number ner thereof; thence Westerly along said West 85th Street to the West- 16 in the Charles Pease Subdivision the Northerly line of said PPN 002- erly prolongation of the Southerly aforesaid; thence Southerly along 22-114 to the centerline of West 75th line of Sublot number 13 in the the Westerly line of Sublot numbers Street (31-1/2 feet wide); thence James F. Rhodes Subdivision as 16 and 29 in said Subdivision to the Southerly along the centerline of shown by the recorded plat in Vol- centerline of Franklin Boulevard as said West 75th Street to the Easter- ume 15 Page 2 of Cuyahoga County aforesaid; thence Easterly along the ly prolongation of the Northerly line Map Records; thence Easterly along centerline of said Franklin Boule- of land conveyed to Randy Porter by the Westerly prolongation and the vard to the Southerly prolongation deed dated January 30, 2003 and Southerly line of Sublot number 13 of the Westerly line of Sublot num- recorded in AFN 1300425 and being in said James F. Rhodes Subdivision ber 14 in the L. C. Anthony Re-Sub- also known as PPN 002-22-086; to the southeasterly corner thereof: division as shown by the recorded thence Westerly along the Easterly thence Northerly along the Easterly Plat in Volume 12, Page 12 of Cuya- prolongation and Northerly line of line of Sublot number 13 in said hoga County Map Records; thence said PPN 002-22-086 to the North- James F. Rhodes Subdivision to the Northerly along the Southerly pro- westerly corner thereof; thence Southerly line of land conveyed to longation and Westerly line of Southerly along the Westerly line of Mike J. Durbin by deed recorded in Sublot number 14 in said L. C. said PPN 002-22-086 to the Northerly AFN 7290985 on July 29, 2004 and Anthony Re-Subdivision to the line of land conveyed to Neven being also known as PPN 002-20-063; Northwesterly corner thereof; thence Whitsett by deed recorded on Janu- thence Easterly along the Southerly Easterly along the Northerly line of ary 30, 2004 in AFN 1300425 and line of said PPN 002-20-063 to the Sublot numbers 14, 13, 12, and 11 in being also known as PPN 002-22-084; centerline of West 84th Street (40 ft. said L. C. Anthony Re-Subdivision to thence Westerly along the Norther- wide); thence Southerly along the the Westerly line of a parcel of land ly line of said PPN 002-22-084 to the centerline of said West 84th Street conveyed to Robert Hall by deed centerline of West 77th Street (50 to the Westerly prolongation of the recorded in AFN 10030907 on October feet wide); thence Southerly along Northerly line of land conveyed to 3, 2006 and being also known as the centerline of said West 77th Josif Nagy and Viola Nagy by deed PPN 002-19-050; thence Southerly Street to the Easterly prolongation recorded in AFN 354010031 on May along the Westerly line of said PPN of the Northerly line of Sublot num- 28, 1993 and being also known as 002-19-050 to the Southwesterly cor- ber 18 in the S. Severance Subdivi- PPN 002-20-088; thence Easterly ner thereof; thence Easterly along sion as shown by the recorded plat along the Westerly prolongation and the irregular Southerly line of said in Volume 5, Page 14 of Cuyahoga Northerly line of said PPN 002-20-088 PPN 002-19-050 to the centerline of County Map Records; thence West- to the Westerly line of Parcel “B” in West 77th Street (36 feet wide); erly along the Easterly prolongation the West Side Community Mental thence Northerly along the center- and the Northern line of Sublot Health Center, Inc. plat of consoli- line of said West 77th Street to the number 18 in said Severance Subdi- dation and partition as shown by Westerly prolongation of the North- vision to the Easterly line of the D. the recorded plat in Volume 318, erly line of Sublot number 14 in the Z. Herr & C. Gregerson Subdivision Page 16 of Cuyahoga County Map proposed Henry Grombacher Subdi- as shown by the recorded plat in Records; thence Southerly along the vision and being a parcel of land Volume 5 Page 46 of Cuyahoga Westerly line of said parcel “B” to conveyed to Soraya Mitchell by deed County Map Records; thence South- the centerline of Franklin Boule- recorded in AFN 754050008 on erly along the Easterly line of said vard (66 feet wide); thence Easter- August 12, 1987 and being also D. Z. Herr and C. Gregerson Subdi- ly along the centerline of said known as PPN 002-19-023; thence 1253 28 The City Record June 18, 2008

Easterly along the Westerly prolon- the Westerly line of Sublot number Easterly and parallel with Detroit gation and the Northerly line of said 8 in the Gordon Avenue Allotment Avenue 100 feet to the Easterly line PPN 002-19-023 to the Westerly line as shown by the recorded plat in of said Sublot number 5; thence of the W. A. Poyer Subdivision as Volume 21 Page 2 of Cuyahoga Northerly along the Easterly line of shown by the recorded plat in Vol- County Map Records; thence said Sublot number 5 to the South- ume 13 Page 48 of Cuyahoga Coun- Southerly along Sublot number 8 in westerly corner of Sublot number 4 ty Map Records; thence Southerly said Gordon Avenue Allotment to in said Rhodes & Coffinberry Allot- along the Westerly line of said W. the Southwesterly corner thereof; ment; thence Easterly along the A. Poyer Subdivision to the Souther- thence Easterly along the Southerly Southerly line of Sublot number 4 in ly line of land conveyed to Thomas line of said Sublot number 8 to the said Rhodes & Coffinberry allotment P. Ginley by deed recorded in AFN Westerly line of Sublot number 9 in to the Southeasterly corner thereof; 159840049 on September 18, 1991 and said Gordon Avenue Allotment; thence Northerly along the Easterly being also known as PPN 002-19-027; thence Northerly along the Wester- line of said Sublot number 4 to the thence Easterly along the Southerly ly line of Sublot number 9 in said centerline of Waverly Court (11 feet line of said PPN 002-19-027 to the Gordon Avenue Allotment 16 feet to wide); thence Easterly along the centerline of West 75th Street (40 a point; thence Easterly on a line centerline of said Waverly Court to feet wide); thence Northerly along parallel with and distant 16 feet by the centerline of West 58th Street the centerline of said West 75th rectangular measurement from the (60 feet wide); thence Northerly Street to the Westerly prolongation Southerly line of Sublot numbers 9 along the centerline of said West of the Southerly line of a parcel of and 10 in the said Gordon Avenue 58th Street to the Westerly prolon- land conveyed to Paul M. and Mar- Allotment to the Westerly line of gation of the Southerly line of a par- garet M. Beno by deed recorded in Sublot number 11 in the aforesaid cel of land conveyed to Craig S. AFN 1443 on May 30, 2002 and being Gordon Avenue Allotment; thence McAllister by deed recorded in AFN also known as PPN 002-18-025; Southerly along the Westerly line of 422110014 on May 22, 1984 and also thence Easterly along the Westerly said Sublot number 11 to the South- known as PPN 002-15-010; thence prolongation and Southerly line of westerly corner thereof thence East- Easterly along the Westerly prolon- said PPN 002-18-025 to the Westerly erly along the Southerly line of gation and Southerly line of said line of Sublot number 101 in the J. Sublot numbers 11 through 14 both PPN 002-15-010 to the Westerly line E. Jones Allotment as shown by the inclusive in said Gordon Avenue of the N. M. Standart Subdivision as recorded plat in Volume 13 Page 38 Allotment to the Westerly line of a shown by the recorded plat in Vol- of Cuyahoga County Map Records; parcel of land conveyed to F & S ume 1 Page 22 of Cuyahoga County thence Northerly along the Wester- Limited Partnership by deed dated Map Records; thence Southerly ly line of Sublot number 101 in said December 31, 1992 and recorded in along the Westerly line of said N. J. E. Jones Allotment to the Souther- Volume 92-12048 Page 25 of Cuya- M. Standart Subdivision to the ly line of Sublot number 99 in said hoga County deed Records and Southwesterly corner of Sublot num- J. E. Jones Allotment; thence East- being also known as PPN 002-17-081; ber 14 in said N. M. Standart Subdi- erly along the Southerly line of thence Northerly along the Wester- vision; thence Easterly along the Sublot number 99 as aforesaid to the ly line of said PPN 002-17-081 to the Southerly line of Sublot number 14 centerline of West 74th Street (50 Northwesterly corner thereof; thence in said N. M. Standart Subdivision to feet wide); thence Northerly along Easterly along the Northerly line of the centerline of West 57th Street the centerline of said West 74th said PPN 002-17-081 to the centerline (60 feet wide); thence Northerly Street to its intersection with the of Dehner Court (20 feet wide) along the centerline of said West Westerly prolongation of the South- thence Easterly along the centerline 57th Street to the Westerly prolon- erly line of Sublot number 83 in the of said Dehner Court to its inter- gation of the Southerly line of a par- Jones Allotment as shown by the section with the centerline of West cel of land conveyed to Vitali Mar- recorded plat in Volume 13 Page 38 65th Street (80 feet wide); thence tiniouk and Svetlana Belaia by doc- of Cuyahoga County Map Records; Southerly along the centerline of ument number 384 recorded on Jan- thence Easterly along the Westerly said West 65th Street to its inter- uary 15, 1999 and being also known prolongation and Southerly line of section with the Westerly prolonga- as PPN 002-15-077; thence Easterly Sublot numbers 83 through 87 both tion of the Southerly line of a par- along the Westerly prolongation and inclusive in said Jones allotment to cel of land conveyed to the City of the Southerly line of said PPN 002- the Southeast corner of said Sublot Cleveland by deed recorded in AFN 15-077 to the Southeasterly corner number 87; thence Southerly to the 15480847 on September 16, 1981 and thereof and also being the Westerly Northerly line of PPN 002-18-044 said being also known as PPN 002-16-026; line of a parcel of land conveyed to line being Northerly 124.56 feet from thence Easterly along the Westerly Colin G. Townsend and Joyce J. the Northerly line of West Clinton prolongation and Southerly line of Townsend as shown by the deed Avenue (60 feet wide); thence East- said PPN 002-16-026 to the South- recorded in AFN 142240473 on March erly in a direct line parallel with easterly corner thereof; thence 10, 1976 and being also known as the Southerly line of Detroit Avenue Northerly along the Easterly line of PPN 002-15-029; thence Northerly to the Northwesterly corner of Sub- said PPN 002-16-026 and along the along the Westerly line of said PPN lot number 35 in the Gordon Avenue Easterly line of PPN 002-16-025 con- 002-15-029 to the Northwesterly cor- Allotment as shown by the recorded veyed to the City of Cleveland by ner thereof; thence Easterly along plat in Volume 21 Page 2 of Cuya- deed recorded in AFN 152370869 on the Northerly line of said PPN 002- hoga County Map Records; thence March 24, 1980 to the Southerly line 15-029 to the Westerly line of a par- continuing Easterly along the North- of Sublot number 194 in the Gordon cel of land conveyed to Jose erly line of said Sublot number 35 Avenue Allotment as shown by the Figueroa by deed recorded in AFN to the Westerly line of a parcel of recorded plat in Volume 21 Page 2 10111587 on January 11, 2005 and land conveyed to Nell P. Collins by of Cuyahoga County Map Records; also known as being PPN 002-15-030; deed recorded in Volume 87-3507 thence Easterly along the Southerly thence Northerly along the Wester- Page 32 of Cuyahoga County line of Sublot numbers 194, 193, 192, ly line of said PPN 002-15-030 to the Records on May 28, 1987 said parcel 191, and 190 in said Gordon Avenue Northwesterly corner thereof; thence being also known as PPN 002-17-026; Allotment to the Westerly line of Easterly along the Northerly line of thence Northerly, Easterly and the Johnson, Sacket, & Waterbury said PPN 002-15-030 and along the Southerly along said PPN 002-17-026 Allotment as shown by the recorded Northerly line of land conveyed to to the Southerly line of a parcel of plat in Volume 9 Page 2 of Cuya- Gary M. Hughes by deed recorded in land conveyed to Mara Stojanov by hoga County Map Records; thence AFN 9160058 on January 30, 1998 and deed recorded in Volume 87-6262 continuing Easterly along the being also known as PPN 002-15-031 Page 49 of Cuyahoga County deed Southerly line of Sublot numbers 1 to the Westerly line of Sublot num- Records on December 28, 1987 and through 6 both inclusive in said ber 48 in the James M. Hoyt & being also known as PPN 002-17-014; Johnson, Sacket & Waterbury Allot- James Wade Jr. Subdivision as thence Easterly along the Southerly ment to the Westerly line of the shown by the recorded plat in Vol- line of said PPN 002-17-014 to the Rhodes & Coffinberry Allotment as ume 1 Page 17 of Cuyahoga County Westerly line of a parcel of land shown by the recorded plat in Vol- Map Records; thence Southerly conveyed to Alejandro Aviles by ume 8 Page 2 of Cuyahoga County along the Westerly line of said deed recorded in AFN 200506061071 Map Records; thence Easterly along Sublot number 48 to the Southwest on June 6, 2005 and being also the Southerly line of Sublot number corner thereof; thence Easterly known as PPN 002-17-028; thence 6 in said Rhodes and Coffinberry along the Southerly line of said Northerly along the Westerly line of Allotment to the Westerly line of Sublot number 48 to the centerline said PPN 002-17-028 to the Northwest Sublot number 5 in said Allotment; of West 54th Street (60 feet wide); corner thereof; thence Easterly thence Southerly along the Wester- thence Southerly along the center- along the Northerly line of said PPN ly line of said Sublot number 5 a line of said West 54th Street to the 002-17-028, 002-17-029 and 002-17-030 to distance of 31 feet to a point; thence Westerly prolongation of the South- 1254 June 18, 2008 The City Record 29 erly line of land conveyed to Antho- ance with the requirements of Sec- fund or funds which are appropriat- ny Stephens by deed recorded in tion 324.08 and 324.09 of the Codified ed for this purpose. AFN 9071320 on September 7, 2006 Ordinances. Section 9. That the Commissioner and being also known as PPN 002- Section 3. That, based on the fac- of Purchases and Supplies is autho- 14-036; thence Easterly along the tors set forth above and compliance rized to convey the blighted proper- Westerly prolongation and the with the public notice requirements ty described in this ordinance to the Southerly line of said PPN 002-14-036 above, the Council, as required by Developer, for fair market value, tak- to the Westerly line of the Charles Sections 324.10 and 324.11 of the ing into account all restrictions, Cassen Subdivision as shown by the Codified Ordinances, finds and de- reversionary interests and similar recorded plat in Volume 2 Page 35 termines that the area described encumbrances placed by the City of of Cuyahoga County Map Records; above is a blighted premises as Cleveland in the deed of convey- thence Northerly along the Wester- defined in Section 324.03 of the Cod- ance. ly line of said Charles Cassen Sub- ified Ordinances, and that acquisi- Section 10. That the conveyance division to the Southerly line of tion of the premises is necessary in shall be made by official deed pre- Sublot number 3 in the Charles order to eliminate the blight and pared by the Director of Law and Cassen Subdivision as aforesaid; prevent its recurrence. executed by the Mayor on behalf of thence Easterly along the Southerly Section 4. That based on the find- the City of Cleveland. The deed line of said Sublot number 3 to the ings and declarations set forth here- shall contain necessary provisions, centerline of West 52nd Street (60 in, the Director of Community Devel- including restrictive reversionary in- feet wide); thence Southerly along opment is authorized to negotiate terests as may be specified by the the centerline of said West 52nd the acquisition of the blighted prem- Board of Control or Director of Law, Street to its intersection with the ises from the owner. which shall protect the parties as centerline of Franklin Boulevard Section 5. That notwithstanding their respective interests require and the place of beginning. and as an exception to the provi- and shall specifically contain a pro- Section 2. That Section 1 of Ordi- nance No. 1977-07, passed January sions of Chapters 181 and 183 of the vision against the erection of any 28, 2008, is repealed. Codified Ordinances, of Cleveland, advertising signs or billboards Section 3. That this ordinance is Ohio, 1976, the Commissioner of Pur- except permitted identification hereby declared to be an emergency chases and Supplies is authorized to signs. measure, and provided it receives purchase the following described Section 11. That the Mayor, Direc- the affirmative vote of two-thirds of blighted premises: tor of Law and the Director of Com- all the members elected to Council, munity Development are authorized it shall take effect and be in force P. P. No. 021-22-021 to execute such certifications and immediately upon its passage and Situated in the City of Cleveland, documents, and to take other actions approval by the Mayor; otherwise, it County of Cuyahoga and State of as may be necessary or appropriate shall take effect and be in force Ohio: and known as being part of in connection with the carrying out from and after the earliest period Sublot No. 50 in West, Smith and of the terms of the project agree- allowed by law. Jordon’s Western Heights Allotment ment, and the activities contemplat- Passed June 9, 2008. of part of Original Rockport Town- ed by Chapter 324 of the Codified Effective June 16, 2008. ship Section No. 11 as shown by the Ordinances. recorded plat in Volume 23 of Maps, Section 12. That this ordinance is Page 20 of Cuyahoga County declared to be an emergency mea- Records and bounded and described sure and, provided it receives the Ord. No. 504-08. as follows: affirmative vote of two-thirds of all By Council Members Brady, Pierce Beginning at the intersection of the members elected to Council, it Scott, Cimperman and Sweeney (by the Northeasterly line of Lorain Ave- shall take effect and be in force departmental request). nue (80 feet wide) with the North- immediately upon its passage and An emergency ordinance declar- easterly line of West 119th Street; approval by the Mayor; otherwise it ing the property located at 11850 thence Northwesterly 79.65 feet along shall take effect and be in force Lorain Avenue blighted premises the said Northeasterly line of West from and after the earliest period under Sections 324.01 through 324.16 119th Street to a point; thence North- allowed by law. of the Codified Ordinances of Cleve- easterly 41.71 feet and along the face Passed June 9, 2008. land, Ohio, 1976; and authorizing the of a brick wall to a point in the Effective June 16, 2008. Director of Community Development Northeasterly line of said Sublot No. to acquire the blighted premises and 50 distant Southeasterly 60 feet from sell the premises to Westown Com- the most Northerly corner of said munity Development Corporation, or Sublot No. 50; thence Southeasterly 80 Ord. No. 505-08. its designee. feet along the Northeasterly line of Council Member Lewis. Whereas, this ordinance consti- said Sublot No. 50 to its intersection An emergency ordinance authoriz- tutes an emergency measure provid- with the said Northwesterly line of ing the sale of real property as part ing for the usual daily operation of Lorain Avenue; thence Southwesterly of the Land Reutilization Program a municipal department; now, there- 41.71 feet along the said Northwest- and located on Wade Park Avenue fore, erly line of Lorain Avenue to the to Jimmie L. Richard. Be it ordained by the Council of place of beginning, be the same more Whereas, the City of Cleveland the City of Cleveland: or less, but subject to all legal high- has elected to adopt and implement Section 1. That, under the require- ways. the procedures under Chapter 5722 ments of Sections 324.01 through Section 6. That the Director of of the Ohio Revised Code to facili- 324.16, inclusive, of the Codified Community Development is autho- tate reutilization of nonproductive Ordinances of Cleveland, Ohio, 1976, rized to execute on behalf of the lands situated within the City of including obtaining the consent of the Councilmember in whose ward City of Cleveland all necessary doc- Cleveland; and the premises is located, the Director uments to acquire and to convey the Whereas, real property acquired of Community Development has property and to employ and pay all under the City’s Land Reutilization found and determined that Perma- fees for title companies, surveys, Program is acquired, held, adminis- nent Parcel No. 021-22-021, located at escrows, appraisers, environmental tered and disposed of by the City of 11850 Lorain Avenue, owned by audits, relocation, and all other Cleveland through its Department of George Juranits, is a blighted prem- costs necessary for the acquisition Community Development under the ises, as defined by Section 324.03 of of the property. terms of Chapter 5722 of the Ohio the Codified Ordinances, because the Section 7. That the Director of Revised Code and Section 183.021 of blighted premises has been con- Community Development is autho- Codified Ordinances of the City of demned under the Codified Ordi- rized to enter into and execute a Cleveland, 1976; and nances. Furthermore, it is the opin- project agreement on behalf of the Whereas, this ordinance consti- ion of the Director that it is neces- City of Cleveland with Westown tutes an emergency measure provid- sary for the City of Cleveland to Community Development corpora- ing for the usual daily operation of acquire the blighted premises be- tion, or its designee (the “Develop- a municipal department; now, there- cause the owner has not responded er”) for the redevelopment or reha- fore, to a lawful order by the City to take bilitation, as defined in Chapter 324 Be it ordained by the Council of action to eliminate its recurrence of the Codified Ordinances, of the the City of Cleveland: within thirty (30) days after due blighted premises. Section 1. That pursuant to Sec- notice thereof. Section 8. That the consideration tion 183.021 of the Codified Ordi- Section 2. That a public hearing to be paid for this property shall be nances of Cleveland, Ohio, 1976, the was held in accordance and compli- fair market value, payable from the Commissioner of Purchases and Sup- 1255 30 The City Record June 18, 2008 plies is hereby authorized to sell Ord. No. 522-08. shall be provided within the enclo- Permanent Parcel No(s). 106-07-018, By Council Members Cimperman sure or in such a way as to provide as more fully described below, to and Cleveland (by departmental re- comparable protection from the ele- Jimmie L. Richard. quest). ments. Bicycle parking spaces shall Section 2. That the real property An emergency ordinance to sup- be located on the property of the use to be sold pursuant to this ordinance plement the Codified Ordinances of that it serves unless it is determined is more fully described as follows: Cleveland, Ohio, 1976, by enacting by either the Director of Building new Sections 349.15 and 457.10 relat- and Housing or the Director of City P. P. No. 106-07-018 ing to bicycle parking; and to re- Planning that a location on another Situated in the City of Cleveland, number existing Sections 457.10 and property or in the public right-of County of Cuyahoga and State of 457.11, as enacted by Ordinance No. way represents the only feasible Ohio, and known as being part of 1552-A-90, passed June 17, 1991, to means of meeting the requirement Original One Hundred Acre Lot No. new “Section 457.11” and “Section for bicycle parking spaces. A loca- 383, and bounded and described as 457.12”. tion in the public right-of-way shall follows: Whereas, this ordinance consti- be permitted only if such location Beginning at the intersection of tutes an emergency measure provid- meets all requirements for issuance the Easterly line of East 84th Street ing for the usual daily operation of of an Encroachment Permit. (formerly Van Ness Avenue) with a municipal department; now, there- (g) Bicycle Racks and Lockers. the Northerly line of Wade Park fore, Each required bicycle parking space Avenue, N.E.; thence Northerly along Be it ordained by the Council of shall be equipped with a bicycle the Easterly line of East 84th Street, the City of Cleveland: rack or “bicycle locker,” as defined 85 feet; thence Easterly parallel Section 1. That the Codified Ordi- in this Section. nances of Cleveland, Ohio, 1976, are (1) Design. Bicycle racks and with the Northerly line of Wade supplemented by enacting new Sec- lockers must be securely anchored Park Avenue, N.E., 40 feet; thence tions 349.15 and 457.10 to read as fol- to the ground or a building. Bicycle Southerly parallel with the Easterly lows: racks must provide a stable frame line of East 84th Street, 85 feet to to which the bicycle may be conve- the Northerly line of Wade Park Section 349.15 Bicycle Parking niently secured, such as the invert- Avenue, N.E.; thence Westerly along (a) Purpose. The requirements for ed-U, post and loop, or another type the Northerly line of Wade Park, bicycle parking are established for of rack that meets these standards. N.E., 40 feet to the place of begin- the purpose of ensuring adequate Bicycle racks that support the wheel ning, and being further known as and safe facilities to accommodate but not the frame of the bike may the Southerly 85 feet of Parcel No. bicycle parking and to encourage not be used to fulfill a bicycle park- 55 in L.M. Southern’s proposed Wade use of bicycles for travel as an ing requirement. In parking lots and Park Avenue Allotment of part of alternative to use of automobiles. parking garages, physical barriers, Original One Hundred Acre Lots (b) Applicability. Bicycle parking such as posts or bollards, shall be Nos. 383 and 391, be the same more facilities shall be provided in every provided so as to prevent a motor or less, but subject to all legal high- new automobile parking lot or vehicle from striking a parked bicy- ways. garage, and for every expansion of cle. Also subject to all zoning ordi- an automobile parking lot or garage (2) Residential Uses. Neither bicy- nances, if any. when the expansion includes the cle racks nor bicycle lockers are Section 3. That all documents provision of ten (10) or more addi- required for bicycle parking associ- necessary to complete the con- tional automobile parking spaces. ated with residential uses. Required veyance authorized by this ordi- (c) Number of Bicycle Parking bicycle parking for residential uses nance shall be executed within six Spaces. Unless otherwise expressly may be provided in garages, storage (6) months of the effective date of stated, bicycle parking spaces shall rooms, or any other resident-acces- this ordinance. If all of the docu- be provided at a rate of one (1) sible, secure areas. ments are not executed within six bicycle parking space for each twen- (h) Exemptions. No bicycle park- (6) months of the effective date of ty (20) automobile spaces provided. ing shall be required for single- this ordinance, or such additional (1) Maximum. No automobile family residences, two-family resi- time as may be granted by the parking lot or garage shall be dences, townhouses, funeral parlors, Director of Community Develop- required to provide more than twen- automobile repair or body shops, gas ment, this ordinance shall be ty-four (24) bicycle parking spaces. stations, car washes, or motor vehi- repealed and shall be of no further (2) Variances. When the number cle sales lots. force or effect. of required automobile parking (i) Central Business District. In Section 4. That the consideration spaces for a new or expanded use is the Central Business District, as for the subject parcel shall be estab- reduced by means of a zoning vari- defined in Section 325.12 or as sub- lished by the Board of Control and ance, the number of required bicy- sequently amended, regardless of shall be not less than Fair Market cle spaces shall be calculated on the exemptions for automobile parking, Value taking into account such basis of the number of automobile if automobile parking is provided, terms and conditions, restrictions parking spaces required had the then bicycle parking facilities shall and covenants as are deemed nec- variance not been granted, unless a be provided as required in this Sec- essary or appropriate. variance also is granted to reduce tion. Section 5. That the conveyance the number of required bicycle park- (h) Bike Locker. As used in this authorized hereby shall be made by ing spaces. section, “bike locker” means a lock- official deed prepared by the Direc- (d) Substitution for Automobile er or storage space large enough to tor of Law and executed by the Spaces. The total number of re- house a single bicycle and which Mayor on behalf of the City of quired automobile off-street parking may be secured and accessed by a Cleveland. The deed shall contain spaces required under this Zoning single user. such provisions as may be necessary Code shall be reduced at the ratio to protect and benefit the public of one (1) automobile off-street Section 457.10 Bicycle Parking parking space for each six (6) bicy- As a condition of the issuance or interest including such restrictive cle spaces provided. The total num- renewal of an annual license, all covenants and reversionary inter- ber of required automobile off-street parking lots and garages subject to ests as may be specified by the parking spaces, however, shall not the provisions of this Chapter shall Board of Control, the Director of be reduced by more than five (5) provide spaces for bicycle parking Community Development or the percent for any parking lot or in accordance with the following Director of Law. garage. regulations. Section 6. That this ordinance is (e) Bicycle Parking Space Size. (a) Purpose. The requirements for hereby declared to be an emergency Required bicycle parking spaces for bicycle parking are established for measure and, provided it receives nonresidential uses must have mini- the purpose of ensuring adequate the affirmative vote of two-thirds of mum dimensions of two (2) feet in and safe facilities to accommodate all the members elected to Council, width by six (6) feet in length. bicycle parking and to encourage it shall take effect and be in force (f) Bicycle Parking Space Loca- use of bicycles for travel as an immediately upon its passage and tion. Required bicycle parking alternative to use of motorized vehi- approval by the Mayor; otherwise it spaces shall be located at least as cles. shall take effect and be in force close to the entrance of the building (b) Time of Compliance. For ap- from and after the earliest period as the nearest non-handicapped plicable parking lots and garages allowed by law. automobile parking space. Where that were licensed prior to the ini- Passed June 9, 2008. automobile parking is provided in tial effective date of this Section, Effective June 16, 2008. an enclosed area, bicycle parking required bicycle parking spaces 1256 June 18, 2008 The City Record 31 shall be provided no later than two immediately upon its passage and shall take effect and be in force (2) years after the initial effective approval by the Mayor; otherwise it immediately upon its passage and date of this Section. For other ap- shall take effect and be in force approval by the Mayor; otherwise it plicable parking lots and garages, from and after the earliest period shall take effect and be in force required bicycle parking spaces allowed by law. from and after the earliest period shall be provide prior to the issu- Passed June 9, 2008. allowed by law. ance of a license. Effective June 16, 2008. Passed June 9, 2008. (c) Number of Bicycle Parking Effective June 16, 2008. Spaces. Bicycle parking spaces shall be provided at a rate of one (1) bicycle parking space for each Ord. No. 547-08. twenty (20) automobile spaces pro- By Council Members Coats, Brady, Ord. No. 548-08. vided. However, no automobile Cimperman and Sweeney (by depart- By Council Members Santiago, parking lot or garage shall be mental request). Brady, Cimperman and Sweeney (by required to provide more than twen- An emergency ordinance authoriz- departmental request). ty-four (24) bicycle parking spaces. ing the Director of Public Service to An emergency ordinance authoriz- (d) Substitution for Automobile enter into an agreement or agree- ing the Director of Public Service to Spaces. The total number of auto- ments with the City of East Cleve- issue a permit to South Pointe Com- mobile off-street parking spaces land and Cuyahoga County regard- mons, L.P. to encroach into the pub- required under the Zoning Code ing the public improvement of resur- lic rights-of-way of Sackett Court shall be reduced at the ratio of one facing Woodworth Road from St. and of West 23rd Place by instal- (1) automobile off-street parking Clair Avenue to 1,000 feet east of ling, using, and maintaining build- space for each six (6) bicycle spaces East 152nd Street in the cities of ing overhangs and front steps. provided. The total number of Cleveland and East Cleveland; deter- Whereas, this ordinance consti- required automobile off-street park- mining the method of making the tutes an emergency measure provid- ing spaces, however, shall not be public improvement; and authoriz- ing for the usual daily operation of reduced by more than five (5) per- ing the director to enter into one or a municipal department; now, there- cent for any parking lot or garage. more public improvement contracts fore, (e) Bicycle Parking Space Size. for the making of the improvement. Be it ordained by the Council of Required bicycle parking spaces for Whereas, this ordinance consti- the City of Cleveland: nonresidential uses must have mini- tutes an emergency measure provid- Section 1. That the Director of mum dimensions of two (2) feet in ing for the usual daily operation of Public Service is authorized to issue width by six (6) feet in length a municipal department; now, there- a permit, revocable at the will of (f) Bicycle Parking Space Loca- fore, Council, to South Pointe Commons, tion. Required bicycle parking Be it ordained by the Council of L.P., 2999 Payne Avenue, Suite 306, spaces shall be located at least as the City of Cleveland: Cleveland Ohio 44114 (“Permittee”), close to the entrance of the building Section 1. That the Director of to encroach into the public rights-of- as the nearest non-handicapped Public Service is authorized to enter way of Sackett Court and of West automobile parking space. Where into an agreement or agreements 23rd Place by installing, using, and automobile parking is provided in with the City of East Cleveland and maintaining a building overhang an enclosed area, bicycle parking Cuyahoga County regarding the and by installing, using, and main- shall be provided within the enclo- public improvement of resurfacing sure or in such a way as to provide taining 4 existing front steps, at the Woodworth Road from St. Clair Ave- following respective locations: comparable protection from the ele- nue to 1,000 feet east of East 152nd ments. Street in the cities of Cleveland and (g) Bicycle Racks and Lockers. 4' WIDE OVERHANG East Cleveland (the “Improvement”). ENCROACHMENT ACROSS Each required bicycle parking space Section 2. That, under Section 167 shall be equipped with a bicycle R/W OF SACKETT CT. of the Charter of the City of Cleve- rack or “bicycle locker,” as defined 0.0082 ACRES land, this Council determines to in this Section. Situated in the City of Cleveland, make the Improvement, for the Divi- (1) Design. Bicycle racks and County of Cuyahoga and State of sion of Engineering and Construc- lockers must be securely anchored Ohio, and known as being part of tion, Department of Public Service, to the ground or a building. Bicycle parcel 1 of a Lot Consolidation for by one or more contracts duly let to racks must provide a stable frame South Pointe Commons, L.P., as the lowest responsible bidder or bid- to which the bicycle may be conve- recorded in Volume 350, Page 88 of ders after competitive bidding on a niently secured, such as the invert- Cuyahoga County Map Records, and unit basis for the Improvement. ed-U, post and loop, or another type also known as being part of Sublot of rack that meets these standards. Section 3. That, provided the City Nos. 9 and 10 in A. Stone’s Allotment Bicycle racks that support the wheel of Cleveland sells the subordinate of part of Original Brooklyn Town- but not the frame of the bike may income tax bonds authorized by ship Lot Number 67, as recorded in not be used to fulfill a bicycle park- Ordinance No. 121-08, passed Febru- Volume 11, Page 24 of Cuyahoga ing requirement. In parking lots and ary 25, 2008, the Director of Public County Map Records: parking garages, physical barriers, Service is authorized to enter into Beginning at the Northwest corner such as posts or bollards, shall be one or more contracts for the mak- of said parcel 1, which is also in the provided so as to prevent a motor ing of the Improvement with the East line of West 25th Street, 66 feet vehicle from striking a parked bicy- lowest responsible bidder or bidders wide; cle. after competitive bidding on a unit Thence South 84° 21' 11" East, (2) Residential Uses. Neither bicy- basis for the Improvement, provided, along the North line of said parcel cle racks nor bicycle lockers are however, that each separate trade 1, a distance of 6.00 feet to the pro- required for bicycle parking associ- and each distinct component part of posed East line of West 25th Street; ated with residential uses. Required the Improvement may be treated as Thence South 5° 37' 03" West bicycle parking for residential uses a separate improvement, and each, along the proposed East line of said may be provided in garages, storage or any combination, of the trades or West 25th Street, which line is also rooms, or any other resident-acces- components may be the subject of a parallel to and 6.00 feet East of the sible, secure areas. separate contract on a unit basis. existing East line of said West 25th (h) Bike Locker. As used in this Section 4. That the cost of the Street, a distance of 179.15 feet to section, “bike locker” means a lock- Improvement authorized shall be the principal point of beginning; er or storage space large enough to paid from the fund or funds to Thence South 84° 21' 11" East, house a single bicycle and which which are credited the proceeds of along the proposed North line of may be secured and accessed by a the subordinate income tax bonds Sackett Court, which line is also single user. authorized by Ordinance No. 121-08, parallel to and 20.85 feet North of Section 2. That existing Sections passed February 25, 2008, if the City the existing North line of said Sack- 457.10 and 457.11 as enacted by Ordi- sells such bonds, and from the fund ett Court, a distance of 89.50 feet; nance No. 1552-A-90, passed June 17, or funds to which are credited the Thence South 5° 38' 49" West a 1991, are renumbered to new “Sec- funds received from East Cleveland distance of 4.00 feet; tion 457.11” and “Section 457.12”. and Cuyahoga County for this pur- Thence North 84° 21' 11" West, Section 3. That this ordinance is pose, Request No. 175524. parallel to and 16.85 feet North of declared to be an emergency mea- Section 5. That this ordinance is the existing North line of said Sack- sure and, provided it receives the declared to be an emergency mea- ett Court, a distance of 89.50 feet; affirmative vote of two-thirds of all sure and, provided it receives the Thence North 5° 38' 49" East a the members elected to Council, it affirmative vote of two-thirds of all distance of 4.00 feet to the principal shall take effect and be in force the members elected to Council, it point of beginning and containing 1257 32 The City Record June 18, 2008

0.0082 Acres of land. Legal descrip- any loss that may result from the Ord. No. 551-08. tion prepared from record docu- encroachment(s) permitted. By Council Members Cummins, ments May 2007 by Mannik & Smith Section 4. That the permit shall Zone, Cimperman and Sweeney (by Group, Inc., by Gregory J. Chatham reserve to the City reasonable right departmental request). Professional Surveyor No. 7882. Bear- of entry to the encroachment loca- An emergency ordinance deter- ings are to an assumed meridian tion(s). mining the method of making the and are used to denote angles only. Section 5. That this ordinance is public improvement of rehabilitat- The purpose of this easement is to declared to be an emergency mea- ing and replacing the Highview contain overhangs from a proposed sure and, provided it receives the Avenue area sewer system, which building that would encroach into affirmative vote of two-thirds of all may include but not be limited to in- the proposed right-of-way of Sackett the members elected to Council, it stalling manholes and catch basins, Court. shall take effect and be in force and authorizing the Director of Pub- Legal Description approved by immediately upon its passage and lic Utilities to enter into one or more Greg Esber, Section Chief, Plats, approval by the Mayor; otherwise it public improvement contracts for Surveys and House Numbering Sec- shall take effect and be in force the making of the improvement. tion. from and after the earliest period Whereas, this ordinance consti- allowed by law. tutes an emergency measure provid- STEPS ENCROACHMENT INTO Passed June 9, 2008. ing for the usual daily operation of THE R/W OF W 23RD PL. Effective June 16, 2008. a municipal department; now, there- 0.0043 ACRES fore, Situated in the City of Cleveland, Be it ordained by the Council of County of Cuyahoga and State of the City of Cleveland: Ohio, and known as being part of Ord. No. 550-08. Section 1. That, under Section 167 the right-of-way of West 23rd Place By Council Members Cummins, of the Charter of the City of Cleve- in Original Brooklyn Township Lot Zone, Cimperman and Sweeney (by land, it is determined to make the Number 67: departmental request). public improvement of rehabilitat- Beginning at the Southwest corner An emergency ordinance deter- of Parcel 2 of a Lot Consolidation mining the method of making the ing and replacing the Highview for South Pointe Commons, L.P., as public improvement of rehabilitat- Avenue area sewer system, which recorded in Volume 350, Page 88 of ing and replacing the Henninger may include but not be limited to in- Cuyahoga County Map Records, Avenue area sewer system, which stalling manholes and catch basins, which is also the Southwest corner may include but not be limited to in- for the Division of Water Pollution of Sublot 29 in A. Stone’s Allotment stalling manholes and catch basins, Control, Department of Public Utili- as recorded in Volume 11, Page 24 and authorizing the Director of Pub- ties, by one or more contracts duly of Cuyahoga County Map Records lic Utilities to enter into one or more let to the lowest responsible bidder which is in the East line of West public improvement contracts for or bidders after competitive bidding 23rd Place, 25 feet wide; the making of the improvement. on a unit basis for the improvement. Thence North 78° 01' 12" West, Whereas, this ordinance consti- Section 2. That the Director of along an extension of the South line tutes an emergency measure provid- Public Utilities is authorized to of said parcel 2, a distance of 3.00 ing for the usual daily operation of enter into one or more contracts for feet; a municipal department; now, there- the making of the public improve- Thence North 9° 02' 55" East par- fore, ment with the lowest responsible allel to and 3.00 feet West of the Be it ordained by the Council of bidder after competitive bidding on East line of said West 23rd Place a the City of Cleveland: a unit basis for the improvement, distance of 62.00 feet; Section 1. That, under Section 167 provided, however, that each sepa- Thence South 80° 57' 05" East, a of the Charter of the City of Cleve- rate trade and each distinct compo- distance of 3.00 feet to the East line land, it is determined to make the nent part of the improvement may of said West 23rd Place; public improvement of rehabilitat- be treated as a separate improve- Thence South 9° 02' 55" West ing and replacing the Henninger ment, and each, or any combination, along the East line of said West Avenue area sewer system, which of the trades or components may be 23rd Place a distance of 62.15 feet may include but not be limited to in- the subject of a separate contract on to the point of beginning and con- stalling manholes and catch basins, a unit basis. taining 0.0043 Acres of land. Legal for the Division of Water Pollution Section 3. That the cost of the description prepared from record Control, Department of Public Utili- improvement authorized shall be documents July 2007 by Mannik & ties, by one or more contracts duly paid from Fund No. 54 SF 001, Re- Smith Group, Inc., by Gregory J. let to the lowest responsible bidder quest No. 170730. Chatham Professional Surveyor No. or bidders after competitive bidding Section 4. That this ordinance is 7882. Bearings are to an assumed on a unit basis for the improvement. declared to be an emergency mea- meridian and are used to denote Section 2. That the Director of sure and, provided it receives the angles only. The purpose of this Public Utilities is authorized to affirmative vote of two-thirds of all easement is to contain steps from an enter into one or more contracts for the members elected to Council, it existing building that encroach into the making of the public improve- shall take effect and be in force the right-of-way of West 23rd Place. ment with the lowest responsible immediately upon its passage and Legal Description approved by bidder after competitive bidding on approval by the Mayor; otherwise it Greg Esber, Section Chief, Plats, a unit basis for the improvement, shall take effect and be in force Surveys and House Numbering Sec- provided, however, that each sepa- from and after the earliest period tion. rate trade and each distinct compo- allowed by law. Section 2. That Permittee may nent part of the improvement may Passed June 9, 2008. assign the permit only with the be treated as a separate improve- Effective June 16, 2008. prior written consent of the Director ment, and each, or any combination, of Public Service. That the en- of the trades or components may be croaching structure(s) permitted by the subject of a separate contract on this ordinance shall conform to a unit basis. plans and specifications approved Section 3. That the cost of the Ord. No. 552-08. by the Commissioner of Engineering improvement authorized shall be By Council Members Santiago, and Construction. That Permittee paid from Fund No. 54 SF 001, Re- Kelley, Zone, Cimperman and Swee- shall obtain all other required per- quest No. 170729. ney (by departmental request). mits, including but not limited to Section 4. That this ordinance is An emergency ordinance deter- building permits, before installing declared to be an emergency mea- mining the method of making the the encroachment(s). sure and, provided it receives the public improvement of rehabilitat- Section 3. That the Director of affirmative vote of two-thirds of all ing and replacing the West 50th Law shall prepare the permit autho- the members elected to Council, it Street area sewer system, which rized by this ordinance and shall shall take effect and be in force may include but not be limited to in- incorporate such additional provi- immediately upon its passage and stalling manholes and catch basins, sions as the director determines nec- approval by the Mayor; otherwise it and authorizing the Director of Pub- essary to protect and benefit the shall take effect and be in force lic Utilities to enter into one or more public interest. The permit shall be from and after the earliest period public improvement contracts for issued only when, in the opinion of allowed by law. the making of the improvement. the Director of Law, Permittee has Passed June 9, 2008. Whereas, this ordinance consti- properly indemnified the City against Effective June 16, 2008. tutes an emergency measure provid- 1258 June 18, 2008 The City Record 33 ing for the usual daily operation of land, this Council determines to on a unit basis for the Division of a municipal department; now, there- make the public improvement of the Cleveland Public Power, Department fore, Cleveland Public Power (“CPP”) of Public Utilities. Bids shall be Be it ordained by the Council of Capacity Enhancement Program, con- taken in a manner that permits an the City of Cleveland: sisting of the construction of up to award to be made for all items as Section 1. That, under Section 167 three 138 kV electrical substations; a single contract, or by separate of the Charter of the City of Cleve- a 138 kV transmission line to be contract for each or any combina- land, it is determined to make the routed from the vicinity of CPP’s tion of the items as the Board of public improvement of rehabilitat- Ridge Road Substation to CPP’s Control shall determine. ing and replacing the West 50th planned fourth interconnection with Section 4. That, provided the City Street area sewer system, which the transmission system serving the of Cleveland sells the bonds autho- may include but not be limited to in- Cleveland Electric Illuminating Com- rized by Ordinance Nos. 63-08 and 64- stalling manholes and catch basins, pany (CEI) near CEI’s Inland Sub- 08, passed February 25, 2008, the for the Division of Water Pollution station; related electrical distribu- Director of Public Utilities is autho- Control, Department of Public Utili- tion lines; the installation of cus- rized to make one or more written ties, by one or more contracts duly tomer connections, and the con- standard purchase contracts and one let to the lowest responsible bidder struction or renovation of a building or more written requirement con- or bidders after competitive bidding to serve as CPP’s Southern Service tracts under the Charter and the on a unit basis for the improvement. Center, for the Division of Cleveland codified Ordinances of Cleveland, Section 2. That the Director of Public Power, Department of Public Ohio, 1976, the period of the require- Public Utilities is authorized to Utilities, by one or more contracts ments to be determined by the enter into one or more contracts for duly let to the lowest responsible Director, for the necessary items of the making of the public improve- bidder or bidders after competitive labor and materials to perform ment with the lowest responsible bidding for a gross price for the landscaping, streetscaping, pole re- bidder after competitive bidding on improvements, with the exception of moval, pole painting, and other sim- a unit basis for the improvement, contracts for electric transmission ilar improvements related to the provided, however, that each sepa- and distribution lines and customer public improvement authorized by rate trade and each distinct compo- connections, which shall be bid on a this ordinance to be purchased by nent part of the improvement may unit basis. the Commissioner of Purchases and be treated as a separate improve- Section 2. That, provided the City Supplies on a unit basis for the divi- ment, and each, or any combination, of Cleveland sells the bonds autho- sion of Cleveland Public Power, of the trades or components may be rized by Ordinance Nos. 63-08 and 64- Department of Public Utilities. Bids the subject of a separate contract on 08, passed February 25, 2008, the shall be taken in a manner that per- a unit basis. Director of Public Utilities is autho- mits an award to be made for all Section 3. That the cost of the rized to enter into one or more con- items as a single contract, or by sep- improvement authorized shall be tracts for the making of the public arate contract for each or any com- paid from Fund No. 54 SF 001, Re- improvement with the lowest respon- bination of the items as the Board quest No. 170731. sible bidder or bidders after com- of Control shall determine. Section 4. That this ordinance is petitive bidding for a gross price for Section 5. That, provided the City declared to be an emergency mea- the improvement, with the exception of Cleveland sells the bonds autho- sure and, provided it receives the of contracts for electric transmission rized by Ordinance Nos. 63-08 and 64- affirmative vote of two-thirds of all and distribution lines and customer 08, passed February 25, 2008, and the members elected to Council, it connections, which shall be bid on a notwithstanding and as an excep- shall take effect and be in force unit basis, provided, however, that tion to the provisions of Chapters immediately upon its passage and each separate trade and each dis- 181 and 183 of the Codified Ordi- approval by the Mayor; otherwise it tinct component part of the improve- nances of Cleveland, Ohio, 1976, the shall take effect and be in force ment may be treated as a separate Director of Public Utilities is autho- from and after the earliest period improvement, and each, or any com- rized to purchase transformation or allowed by law. bination, of the trades or compo- other electric facilities serving a Passed June 9, 2008. nents may be the subject of a sep- specific customer to the extent that Effective June 16, 2008. arate contract for a gross price, pro- such purchase would relieve CPP vided further, however, that the con- from incurring costs to install such struction of electric transmission facilities and provided that the price and distribution lines and the instal- for such facilities does not exceed Ord. No. 556-08. lation of customer connections shall their fair market value as deter- By Council Members Zone, Cim- be competitively bid on a unit basis mined by the Board of Control. perman and Sweeney (by depart- for the improvements. On request Section 6. That, provided the City mental request). of the Director the contractor shall of Cleveland sells the bonds autho- An emergency ordinance deter- furnish a correct schedule of unit rized by Ordinance Nos. 63-08 and 64- mining the method of making the prices, including profit and over- 08, passed February 25, 2008, and public improvement of the Cleveland head, for all items constituting units notwithstanding and as an excep- Public Power Capacity Enhancement of the improvement. tion to the provisions of Chapters Program; authorizing the Director of Section 3. That, provided the City 181 and 183 of the Codified Ordi- Public Utilities to enter into one or of Cleveland sells the bonds autho- nances of Cleveland, Ohio, 1976, the more contracts for the making of rized by Ordinance Nos. 63-08 and 64- Commissioner of Purchases and Sup- the improvement; authorizing the 08, passed February 25, 2008, the plies is authorized to purchase, purchase by standard purchase and Director of Public Utilities is autho- lease, or otherwise acquire ease- requirement contracts of related rized to make one or more written ments, fee interests, licenses, per- equipment; authorizing the acquisi- standard purchase contracts and one mits and other rights or interests in tion of various rights and interests or more written requirement con- real property necessary for the pub- in real property; authorizing the tracts under the Charter and the lic improvement authorized by this relocation or modification of fix- Codified Ordinances of Cleveland, ordinance. tures or features on the property; Ohio, 1976, the period of the require- Section 7. That the Director of authorizing various professional ser- ments to be determined by the Public Utilities is authorized to exe- vices contracts; and authorizing the Director, for the necessary items of cute on behalf of the City of Cleve- lease or purchase of property for a wood poles, steel poles, transform- land all necessary documents to Southern Service Center for the Divi- ers, circuit breakers, switchgear, acquire rights or interests in real sion of Cleveland Public Power, switches, relay panels, meters, wire, property and to employ title compa- Department of Public Utilities. and all other mechanical, electrical, nies, surveyors, escrow agents, Whereas, this ordinance consti- electronic and other equipment and appraisers, environmental consul- tutes an emergency measure provid- related materials and supplies need- tants, field service consultants and ing for the usual daily operation of ed in conjunction with the making other consultants necessary for the a municipal department; now, there- of the public improvement autho- acquisition or use of the rights or fore, rized by this ordinance, and labor interests in real property authorized Be it ordained by the Council of and materials to install and main- by this ordinance. the City of Cleveland: tain any or all of the foregoing Section 8. That, provided the City Section 1. That, under Section 167 items, to be purchased by the Com- of Cleveland sells the bonds autho- of the Charter of the City of Cleve- missioner of Purchases and Supplies rized by Ordinance Nos. 63-08 and 64- 1259 34 The City Record June 18, 2008

08, passed February 25, 2008, the Section 15. That any leases for the Revised Code and Section 183.021 of Director of Public Utilities is autho- Southern Service Center may pro- Codified Ordinances of the City of rized to enter into agreements with vide for the City’s payment of Cleveland, 1976; and the holders of rights or interests in appropriate utility and other operat- Whereas, this ordinance consti- real property to relocate or other- ing costs of the leased premises. tutes an emergency measure provid- wise modify existing fixtures or fea- Section 16. That any leases for the ing for the usual daily operation of tures of the property to permit the Southern Service Center shall be pre- a municipal department; now, there- construction of the public improve- pared by the Director of Law and fore, ment authorized by this ordinance. shall contain such terms and condi- Be it ordained by the Council of Section 9. That, provided the City tions as are required to protect the the City of Cleveland: of Cleveland sells the bonds autho- interests of the City. Section 1. That under Section rized by Ordinance Nos. 63-08 and 64- Section 17. That the Director of 183.021 of the Codified Ordinances of 08, passed February 25, 2008, the Law, the Director of Public Utilities, Cleveland, Ohio 1976, the Commis- Director of Public Utilities is autho- and other appropriate City officials sioner of Purchases and Supplies is rized to employ by contract or con- are authorized to execute such other authorized to sell the real property, tracts design engineers, construction documents and certificates and take more fully described below, to managers, architects and other con- such other actions as be necessary Greater Cleveland Habitat for sultants for the purpose of supple- or appropriate to effect the lease or Humanity. menting the regularly employed purchase of property for the South- Section 2. That the real property staff of the several departments of ern Service Center. to be sold pursuant to this ordinance the City of Cleveland in order to pro- Section 18. That under Section is more fully described as follows: vide professional services necessary 108(b) of the Charter, the purchases for the making of the public authorized by this ordinance may be P. P. No. 006-02-130 improvements described in this ordi- made through cooperative agree- Situated in the City of Cleveland, nance. The selection of the consul- ments using state procedures. The County of Cuyahoga and State of tant or consultants for the services Director of Public Utilities may sign Ohio and known as being the shall be made by the Board of Con- all documents with the State of Ohio Southerly 30 feet of Sublot No. 87 trol on the nomination of the Direc- or any of its political subdivisions and the Northerly 5 feet of Sublot tor of Public Utilities from a list of that are necessary to make the pur- No. 88 in J.H. Hardy’s Subdivision of qualified consultants available for chases, and may enter into one or part of Original Brooklyn Township employment as may be determined more contracts with the vendors Lot No. 28, as shown by the record- after a full and complete canvass by selected through that cooperative ed plat in Volume 4 of Maps, Page the Director of Public utilities for process. 28 of Cuyahoga County Records, and the purpose of compiling such a list. Section 19. That the cost of any together forming a parcel of land 35 The compensation to be paid for the expenditures authorized by this feet front on the Easterly side of services shall be fixed by the Board ordinance for any contract or con- West 81st Southerly (formerly Ber- of Control. The contracts authorized tracts, and acquisition of rights or lin Street) and extending back of shall be prepared by the Director of interests in real property shall be equal width 125 feet, as appears by Law, approved by the Director of paid from Fund No. 58 SF 001, the said plat, be the same more or less, Public Utilities, and certified by the fund and subfunds to which are but subject to all legal highways. Director of Finance. credited the proceeds of the bonds Section 3. That all documents nec- Section 10. That the Director of authorized by Ordinance Nos. 63-08 essary to complete the conveyance Public Utilities is authorized to apply and 64-08, passed February 25, 2008, authorized by this ordinance shall and pay for such permits, licenses, or if the City sells such bonds, from be executed within six (6) months other authorizations required by any bonds and bond anticipation notes of the effective date of this ordi- regulatory entity or other public issued for the purpose of financing nance. If all of the documents are authority to perform the work autho- the improvements, and from the sur- not executed within six (6) months rized by this ordinance. plus fund established under the of the effective date of this ordi- Section 11. That the cost of any trust indenture securing the City’s nance, or such additional time as requirement contract entered into outstanding Cleveland Public Power may be granted by the Director of under this ordinance shall be revenue bonds, Request No. 168993. Community Development, this ordi- charged against the proper account Section 20. That this ordinance is nance shall be repealed and shall be declared to be an emergency mea- and the Director of Finance shall of no further force or effect. sure and, provided it receives the certify the amount of the initial pur- Section 4. That the consideration affirmative vote of two-thirds of all chase, which purchase, together for the subject parcel shall be estab- the members elected to Council, it with all later purchases, shall be lished by the Board of Control and shall take effect and be in force made on order of the Commissioner shall be not less than Fair Market immediately upon its passage and of Purchases and Supplies under a Value taking into account such approval by the Mayor; otherwise it requisition against the contract duly terms and conditions, restrictions shall take effect and be in force certified by the Director of Finance. and covenants as are deemed nec- from and after the earliest period Section 12. That, provided the City essary or appropriate. allowed by law. of Cleveland sells the bonds autho- Section 5. That the conveyance Passed June 9, 2008. rized by Ordinance Nos. 63-08 and 64- authorized hereby shall be made by Effective June 16, 2008. 08, passed February 25, 2008, and official deed prepared by the Direc- notwithstanding and as an excep- tor of Law and executed by the tion to the provisions of Chapters Mayor on behalf of the City of 181 and 183 of the Codified Ordi- Ord. No. 557-08. Cleveland. The deed shall contain nances of Cleveland, Ohio, 1976, the By Council Member Zone. such provisions as may be necessary Director of Public Utilities is autho- An emergency ordinance authoriz- to protect and benefit the public rized to lease or purchase property ing the sale of real property as part interest including such restrictive and buildings to establish a South- of the Land Reutilization Program covenants and reversionary inter- ern Service Center for uses similar and located at 2095 West 81st Street ests as may be specified by the to CPP’s existing service centers. to Greater Cleveland Habitat for Board of Control, the Director of Section 13. That the rent and term Humanity. Community Development or the of any leases, or the purchase price Whereas, the City of Cleveland Director of Law. of any property, for the Southern has elected to adopt and implement Section 6. That this ordinance is Service Center shall be approved by the procedures under Chapter 5722 hereby declared to be an emergency the Board of Control. of the Ohio Revised Code to facili- measure and, provided it receives Section 14. That any leases for tate reutilization of nonproductive the affirmative vote of two-thirds of the Southern Service Center may lands situated within the City of all the members elected to Council, authorize the City to make Cleveland; and it shall take effect and be in force improvements to the leased premis- Whereas, real property acquired immediately upon its passage and es under terms to be determined by under the City’s Land Reutilization approval by the Mayor; otherwise it the parties consistent with the pub- Program is acquired, held, adminis- shall take effect and be in force lic purpose or purposes of operat- tered and disposed by the City of from and after the earliest period ing a service center to better serve Cleveland through its Department of allowed by law. CPP customers in the vicinity of Community Development under the Passed June 9, 2008. the service center. terms of Chapter 5722 of the Ohio Effective June 16, 2008. 1260 June 18, 2008 The City Record 35

Ord. No. 559-08. By Council Member Santiago. An ordinance expanding the Clark Metro Business Revitalization District to include lands along Clark Avenue between Fulton Road and Walworth Avenue as shown shaded on the attached map (Map Change No. 2260, Sheet Numbers 1 & 2). Whereas, the City Planning Commission has determined that proposed expansion area of the Clark Metro Business Revitalization District established, by Ordinance Number 2095-05, meets the criteria for designation contained in Section 303.04 of Chapter 303 of the Codified Ordinances of the City of Cleveland, Ohio, 1976, now, therefore Be it ordained by the Council of the City of Cleveland: Section 1. That the Clark Metro Business Revitalization District is hereby expanded and includes lands located on the north and south sides of Clark Avenue between Fulton Road and Walworth shown shaded on the attached map and shown on the map in File No. 559-08-A. Section 2. That the designation of the area described in Section 1 hereof as the Clark Metro Business Revitalization District shall be identified as Map Change Number 2260, Sheet Numbers 1 & 2, noted on the Build- ing Zone Maps of the City of Cleveland, on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for such purpose by the City Planning Com- mission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 9, 2008. Effective July 19, 2008. 1261 36 The City Record June 18, 2008

Ord. No. 560-08. By Council Member Zone. An ordinance establishing a Pedestrian Retail Overlay (PRO) District on Detroit Avenue and Lake Avenue between West 48th Street and West 77th Street shown shaded on the attached map (Map Change No. 2261, Sheet Number 1). Be it ordained by the Council of the City of Cleveland: Section 1. That the lands located on the north and south sides of Detroit Avenue and Lake Avenue between West 48th Street and West 77th Street shown shaded on the attached map and shown in File No. 560-08-A are hereby designated as a Pedestrian Retail Overlay District (PRO). Section 2. That the designation of the area described in Section 1 shall be identified as Map Change Number 2261, Sheet Number 1, noted on the Building Zone Maps of the City of Cleveland, on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for such purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 9, 2008. Effective July 19, 2008. 1262 June 18, 2008 The City Record 37

Ord. No. 565-08. 132-02-022, 132-02-025, 132-04-013, 132- another party for the public purpose By Council Member Brancatelli. 04-014, 132-04-015, 132-04-034, 132-04- of insuring adequate neighborhood An emergency ordinance authoriz- 035, 132-04-037, 132-04-040, 132-04-043, recreation facilities for the term of ing the Commissioner of Purchases 132-04-044, and 132-04-045. the lease. and Supplies to purchase properties Section 2. That the Director of Section 7. That the term of the adjacent to the Morgana Athletic Parks, Recreation and Properties is lease authorized by this ordinance Complex site located on Broadway authorized to execute on behalf of shall not exceed ninety-nine years. Avenue between Baxter Avenue and the City of Cleveland all necessary Section 8. That the property de- East 65th Street for future redevel- documents to acquire the property scribed above shall be leased at fair opment; and authorizing the Direc- and to employ and pay all fees for market value determined by the tor of Parks, Recreation and Prop- title companies, surveys, escrows, Board of Control. erties to lease the property to the appraisers, environmental audits, Section 9. That the lease may Catholic Diocese of Greater Cleve- and all other costs necessary for the authorize the Lessees to make land, for a term of ninety-nine years acquisition of the property. improvements to the leased premis- for the purpose of providing recre- Section 3. That the consideration es subject to the approval of appro- ational programming. to be paid for this property shall not priate City agencies and officials. Whereas, the City of Cleveland exceed fair market value. Section 10. That the lease shall be requires the purchase of property Section 4. That all costs of acqui- prepared by the Director of Law and which is adjacent to the Morgana sition of land shall be paid from the shall contain any terms and condi- Athletic Complex site located on fund or funds designated by the tions as are required to protect the Broadway Avenue between Baxter Director of Finance. interests of the City. Avenue and East 65th Street for Section 5. That notwithstanding Section 11. That the Director of future redevelopment; and and as an exception to any section Parks, Recreation and Properties, Whereas, the Catholic Diocese of of the Codified Ordinances of Cleve- the Director of Law, and other Greater Cleveland has proposed to land, Ohio, 1976, to the contrary, the appropriate City officials are autho- lease the property from the City; Director of Parks, Recreation and rized to execute any other docu- and Properties is authorized to enter ments and certificates, and take any Whereas, this ordinance consti- into a project agreement on behalf other actions which may be neces- tutes an emergency measure provid- of the City of Cleveland, with the sary or appropriate in connection ing for the usual daily operation of Catholic Diocese of Greater Cleve- with carrying out the terms of the a municipal department; now, there- land for the acquisition, redevelop- project agreement or to effect the fore, ment and lease of the property com- lease authorized by this ordinance. Be it ordained by the Council of prising the Morgana Athletic Com- Section 12. That this ordinance is the City of Cleveland: plex. declared to be an emergency mea- Section 1. That notwithstanding Section 6. That notwithstanding sure and, provided it receives the and as an exception to the provi- and as an exception to the provi- affirmative vote of two-thirds of all sions of Chapters 181 and 183 of the sions of Chapters 181 and 183 of the the members elected to Council, it Codified Ordinances of Cleveland, Codified Ordinances of Cleveland, shall take effect and be in force Ohio, 1976, the Commissioner of Pur- Ohio, 1976, the Director of Parks, immediately upon its passage and chases and Supplies is authorized to Recreation and Properties is autho- approval by the Mayor; otherwise it purchase the following described rized to lease to the Catholic Dio- shall take effect and be in force property for the public purpose of cese of Greater Cleveland (“Les- from and after the earliest period developing the Morgana Athletic sees”), the Morgana Athletic Com- allowed by law. Complex project: Permanent Parcel plex property which property is suit- Passed June 9, 2008. Nos.: 132-02-019, 132-02-020, 132-02-021, able for lease and operation by Effective June 16, 2008.

Ord. No. 567-08. By Council Member Brady. An emergency ordinance establishing the Lorain Variety Historic District (Map Change No. 2259, Sheet No. 2). Whereas, under Chapter 161 of the Codified Ordinances of Cleveland, Ohio, 1976, the Cleveland Landmarks Com- mission (the “Commission”), has proposed to designate the Lorain Variety Historic District as a landmark; and Whereas, a public hearing under division (b)(2) of Section 161.04 was held on March 13, 2008 to discuss the proposed designation of the Lorain Variety Historic District as a landmark; and Whereas, the Commission has recommended designation of the Lorain Variety Historic District as a landmark and has set forth certain findings of fact constituting the basis for its decision; and Whereas, this ordinance constitutes an emergency measure providing for the immediate preservation of the pub- lic peace, property, health, and safety in that the immediate protection of the historic landmark is necessary to safeguard the special historical, community, or aesthetic interest or value in the landmark; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the following area, outlined on the map attached hereto is hereby designated the Lorain Vari- ety Historic District: Situated in the City of Cleveland, County of Cuyahoga, and State of Ohio and beginning on the centerline of Lorain Avenue (80 ft. wide) at its intersection with the centerline of West 110th Street (60 ft. wide); thence Northerly along the centerline of said West 110th Street to its intersection with the Easterly prolongation of the Northerly line of Sublot number 5 in the Conger-Helper Realty Company Lorain Heights Subdivision as shown by the recorded plat in Volume 55 page 13 of Cuyahoga County Map Records; thence Westerly along the Easterly prolongation and the Northerly line of Sublot number 5 in said Lorain Heights Subdivision to the Easterly line of Sublot number 111 in said Lorain Heights Subdivision; thence Southerly along the Easterly line of Sublot num- bers 111, 112, and 113 in the said Lorain Heights Subdivision to a point 18 feet Northerly of the Southerly line of said Sublot number 113; thence Westerly and parallel with the Southerly line of said Sublot number 113 about 36 feet to a point; thence Southerly at right angles to the last described line about 5 feet to a point; thence West- erly and parallel with the Southerly line of said Sublot number 113 to the centerline of West 111th Street (50 feet wide); thence Southerly along the centerline of said West 111th Street to the Easterly prolongation of the Souther- ly line of Sublot number 120 in the said Lorain Heights Subdivision; thence Westerly along the Easterly prolon- gation and Southerly line of said Sublot number 120 to the Easterly line of Sublot number 232 in the said Lorain Heights Subdivision; thence Southerly along the Easterly line of said Sublot number 232 to the southeasterly cor- ner thereof; thence Westerly along the Southerly line of said Sublot number 232 to the centerline of West 112th Street (50 feet wide); thence Southerly along the centerline of said West 112th Street to the Easterly prolonga- tion of the Southerly line of Sublot number 239 in the aforesaid Lorain Heights Subdivision; thence Westerly along the Easterly prolongation and Southerly line of said Sublot number 239 to the Easterly line of Sublot number 357 in the Conger-Helper Realty Company Lorain Heights Number 2 Subdivision as shown by the recorded plat in Volume 57, page 22 of Cuyahoga County Map records; thence Southerly along the Easterly line of said Sublot number 357 to the Southeasterly corner thereof; thence Westerly along the Southerly line of said Sublot number 357 to the centerline of West 114th Street (50 feet wide); thence Southerly along the centerline of said West 114th Street to the Easterly prolongation of the Southerly line of Sublot number 781 in the Conger-Helper Realty Com-

1263 38 The City Record June 18, 2008 pany Re-subdivision as shown by the recorded plat in Volume 58, page 28 of Cuyahoga County Map records; thence Westerly along the Easterly prolongation and Southerly line of said Sublot number 781 to the Easterly line of Sublot number 491 in the Conger-Helper Realty Company Lorain Heights Subdivision Number 2 as shown by the recorded plat in Volume 57 page 22 of Cuyahoga County Map records; thence Southerly along the Easterly line of said Sublot number 491 to the Southeasterly corner thereof; thence Westerly along the Southerly line of said Sublot number 491 to the centerline of West 115th Street (50 feet wide); thence Southerly along the centerline of said West 115th Street to the Easterly prolongation of the Northerly line of Sublot number 498 in the aforesaid Lorain Heights Subdivision number 2; thence Westerly along the Easterly prolongation and Northerly line of said Sublot 498 to the Northwesterly corner thereof; thence Southerly along the Westerly line of Sublot number 498 and 497 in said Lorain Heights Subdivision number 2 to the Southeasterly corner of Sublot number 631 in said Lorain Heights Subdivision number 2; thence Westerly along the Southerly line of said Sublot number 631 to the centerline of West 116th Street (50 feet wide); thence Northerly along the centerline of said West 116th Street to the Easterly prolongation of the Southerly line of Sublot number 640 in the aforesaid Lorain Heights Subdivision number 2; thence Westerly along the Easterly prolongation and the Southerly line of said Sublot number 640 to the Easterly line of Sublot number 772 in the aforesaid Lorain Heights Subdivision number 2; thence Northerly along the Easterly line of Sublot number 772 and 771 in said Lorain Heights Subdivision number 2 to the North- easterly corner of said Sublot number 771; thence Westerly along the Northerly line of said Sublot number 771 to the centerline of West 117th Street (80 feet wide); thence Southerly along the centerline of said West 117th Street to the centerline of Geraldine Avenue N.W. (60 feet wide) now vacated by Ordinance Number 25-95 passed Feb- ruary 27, 1995; thence Westerly along the centerline of said Geraldine Avenue now vacated and along the cen- terline of Geraldine Avenue to the centerline of West 118th Street (40 feet wide); thence Southerly along the cen- terline of said West 118th Street to the Easterly prolongation of the Northerly line of Sublot number 55 in West- ern Heights Allotment as shown by the recorded plat in Volume 23, page 20 of Cuyahoga County Map Records; thence Westerly along the easterly prolongation and Northerly line of Sublot number 55 in said Western Heights Allotment and along the Northerly line of Sublot numbers 54, 53, 52, 51 to the Easterly line of a parcel of land deeded to Scott J. Farrer in AFN 200111261078 of Cuyahoga County Records; thence Southerly along said Easter- ly line 60 feet to the face of a brick wall; thence Westerly along the face of said brick wall to a point on the Easterly right of way of West 119th Street (40 feet wide) 79.65 feet from the Northerly right of way line of Lorain Avenue (80 feet wide); thence Westerly perpendicular to said Easterly right of way to the centerline of West 119th Street (40 feet wide); thence Northerly along the centerline of said West 119th Street to the Easter- ly prolongation of the Northerly line of Sublot 34 in said Western Heights Allotment; thence Westerly along the said Easterly prolongation and along the Northerly line of Sublot numbers 34, 33, 32, 31, 30, and 29 in said Allot- ment to the Easterly line of West 120th Street (40 feet wide); thence crossing said West 120th Street in a direct line to the Northerly line of Sublot number 15 in said Western Heights Allotment; thence Westerly along the Northerly line of Sublot numbers 15, 14, 13 and 12 in said Allotment to the Easterly line of the Lenox Park Allot- ment as shown by the recorded plat in Volume 23 page 11 of Cuyahoga County map records; thence Southerly along the Easterly line of said Lenox Park Allotment to the Southerly line of Sublot number 2 in said Allotment; thence Westerly along the Southerly line of said Sublot number 2 to the Easterly line of West 122nd Street (50 feet wide); thence crossing said West 122nd Street in a direct line to the Northerly line of Sublot number 110 in said Lenox Park Allotment; thence Westerly along the Northerly line of Sublot numbers 110 through 115 in said Lenox Park Allotment to a point about 10 feet from the Westerly line of said Sublot number 115; thence Souther- ly at right angles to the last described line 1 foot to a point; thence Westerly and parallel with the Northerly line of Sublot numbers 115 through 117 in said Lenox Park Allotment to the centerline of West 123rd Street (50 feet wide); thence Southerly along the centerline of said West 123rd Street to the centerline of Lorain Avenue as aforesaid; thence Westerly along the centerline of said Lorain Avenue to the centerline of West 123rd Street (50 feet wide); thence Southerly along the centerline of said West 123rd Street to the Westerly prolongation of the Northerly line of Sublot number 441 in the Crawford Land Company Subdivision No. 1 as shown by the recorded plat in Volume 60 page 8 of Cuyahoga County Map Records; thence Easterly along the Westerly prolongation and the Northerly line of said Sublot number 441 to the Southwesterly corner of Sublot number 369 in the said Craw- ford Land Company Subdivision No. 1; thence Northerly along the Westerly line of said Sublot number 369 to the Northwesterly corner thereof; thence Easterly along the Northerly line of said Sublot number 369 to the center- line of West 122nd Street (50 feet wide); thence Northerly along the centerline of said West 122nd Street to the Westerly prolongation of the Northerly line of Sublot number 362 in the said Crawford Land Company Subdivi- sion number 1; thence Easterly along the Westerly prolongation and the Northerly line of said Sublot number 362 to the Westerly line of Sublot number 285 in the said Crawford Land Company Subdivision Number 1; thence Northerly along the Westerly line of Sublot numbers 285 and 284 in said Crawford Land Company Subdivision number 1 to the Northwesterly corner of said Sublot number 284; thence Easterly along the Northerly line of said Sublot number 284 to the centerline of West 120th Street (50 feet wide); thence Northerly along the centerline of said West 120th Street to the Westerly prolongation of the Northerly line of Sublot number 277 in the said Craw- ford Land Company Subdivision number 1; thence Easterly along the Westerly prolongation and the Northerly line of said Sublot number 277 to the Northwesterly corner of Sublot number 196 in the said Crawford Land Com- pany Subdivision number 1; thence Southerly along the Westerly line of said Sublot number 196 to the South- westerly corner thereof; thence Easterly along the Southerly line of said Sublot number 196 to the centerline of West 119th Street (50 feet wide); thence Northerly along the centerline of said West 119th Street to the Wester- ly prolongation of the Northerly line of Sublot number 188 in the said Crawford Land Company Subdivision num- ber 1; thence Easterly along the Westerly prolongation and the Northerly line of said Sublot number 188 to the Northwesterly corner of Sublot number 101 in the said Crawford Land Company Subdivision number 1; thence Easterly along the Northerly line of said Sublot number 101 to the centerline of West 118th Street (50 feet wide); thence Northerly along the centerline of said West 118th Street to the Westerly prolongation of the Northerly line of Sublot number 93 in the said Crawford Land Company Subdivision number 1; thence Easterly along the West- erly prolongation and the Northerly line of said Sublot number 93 to the Northwesterly corner of Sublot number 4 in the Crawford Land Company Subdivision number 1 as aforesaid; thence Easterly along the Northerly line of said Sublot number 4 to the centerline of West 117th Street (80 feet wide); thence Northerly along the centerline of said West 117th Street to its intersection with the centerline of Fidelity Avenue, S. W. (60 feet wide); thence Easterly along the centerline of said Fidelity Avenue to the Southerly prolongation of the Westerly line of Sublot number 12 in the Dunham Heights Re-Subdivision as shown by the recorded plat in Volume 47, page 26 of Cuya- hoga County Map Records; thence Northerly along the Southerly prolongation and the Westerly line of said Sublot 1264 June 18, 2008 The City Record 39 number 12 to the Northwesterly corner thereof; thence Easterly along the Northerly line of Sublot numbers 12 through 16 both inclusive to the centerline of Bosworth Road, S. W. (width varies); thence Southeasterly along the centerline of said Bosworth Road to its intersection with the centerline of Fidelity Avenue, S. W. (60 feet wide); thence Northeasterly and Southeasterly along the said centerline of Fidelity Avenue to the Southerly pro- longation of the Easterly line of the Cleveland Christian Home, Inc. Lot Split as shown by the recorded plat in Volume 334, page 21 of Cuyahoga County Map Records; thence Northerly along the Southerly prolongation and the Easterly line of said Cleveland Christian Home, Inc. Lot Split to the Northwesterly corner of Sublot number 37 in the Bosworth Heights Subdivision as shown by the recorded plat in Volume 31, page 2 of Cuyahoga Coun- ty Map Records; thence Easterly along the Northerly line of said Sublot number 37 to the centerline of West 111th Street (60 feet wide); thence Northerly along the centerline of said West 111th Street to the Westerly prolonga- tion of the Northerly line of a parcel of land conveyed to Oswald and E. Kemesies on January 26, 1962 and being also known as PPN 018-07-031; thence Easterly along the Westerly prolongation and the Northerly line of said PPN 018-07-031 about 86 feet to the Westerly line of land conveyed to the 11011 Lorain Avenue Associates as shown by a survey prepared by the Western Reserve Surveying Company by Richard F. Hantel, Ohio Registered Surveyor No. S-5129, said parcel being also known as PPN 018-07-001; thence Southerly along the Westerly line of said PPN 018-07-001 about 38 feet to a point; thence Easterly along the Southerly line of said parcel about 34 feet to a point; thence Northerly along said parcel about 40 feet to a point; thence Easterly along the Southerly line of said PPN 018-07-001 to the centerline of West 110th Street (60 feet wide); thence Northerly along the center- line of said West 110th Street to its intersection with the centerline of Lorain Avenue and the place of begin- ning; Legal Description approved by Greg Esber, Section Chief, Plats, Surveys and House Numbering Section which in its entirety is a property having special character or special historical or aesthetic value as part of the devel- opment, heritage, or cultural characteristics of the City, State, or the United States, is designated a landmark under Chapter 161 of the Codified Ordinances of Cleveland, Ohio, 1976. Section 2. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive 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 June 9, 2008. Effective June 16, 2008. 1265 40 The City Record June 18, 2008

Ord. No. 589-08. An emergency ordinance authoriz- sion, of pad of Original Euclid By Council Members Polensek, ing the Commissioner of Purchases Township, Tract No. 14, as shown by Brady, Cimperman and Sweeney (by and Supplies to purchase properties the recorded plat in Volume 26 of departmental request). for future redevelopment at 1466 Maps, Page 22 of Cuyahoga County An emergency ordinance autho- East 174th Street, 1312 East 187th Records, be the same more or less, rizing the Director of Public Ser- Street, and 19406 Nyack Court, for but subject to all legal highways. vice to issue a permit to Northeast the Department of Community De- Section 2. That the Director of Shores Development Corporation to velopment; and authorizing the Com- Community Development is autho- encroach into the public right-of- missioner of Purchases and Supplies rized to execute on behalf of the way at 15601 Waterloo Road by to convey the properties to Collin- City of Cleveland all necessary doc- installing, using, and maintaining wood Nottingham Villages Develop- uments to acquire and to convey the one public art object. ment Corporation, or its designee, properties and to employ and pay all Whereas, this ordinance consti- which are not needed for public use. fees for title companies, surveys, tutes an emergency measure provid- Whereas, the Director of Commu- escrows, appraisers, environmental ing for the usual daily operation of nity Development has requested the audits, and all other costs necessary a municipal department; now, there- purchase of properties located at for the acquisition of the properties. fore, 1466 East 174th Street, 1312 East Section 3. That the consideration Be it ordained by the Council of 187th Street, and 19406 Nyack Court to be paid for the properties shall the City of Cleveland: for future redevelopment; and not exceed $1.00, and other valuable Section 1. That the Director of Whereas, the Director of Commu- consideration, determined to be fair Public Service is authorized to issue nity Development has requested the market value. a permit, revocable at the will of sale of the properties to Collinwood Section 4. That all costs of acqui- Council, to Northeast Shores Devel- Nottingham Villages Development sition of land shall be paid from opment Corporation, 317 East 156th Corporation, or its designee (the Fund No. 14. Street, Cleveland Ohio, 44110 (“Per- “Redeveloper”) which is not needed Section 5. That this Council finds mittee”), to encroach into the public right-of-way at 15601 Waterloo Road for public use, for the public pur- that the conveyances to the Rede- by installing, using, and maintain- pose of future redevelopment of the veloper constitutes a public use of ing one public art object, at the fol- properties; and the properties for the purposes of lowing location: Whereas, this ordinance consti- redevelopment. The northeast corner of East 156th tutes an emergency measure provid- Section 6. That at the direction of Street and Waterloo Road between ing for the usual daily operation of the Board of Control, the Commis- the right-of-way and the curb line a municipal department; now, there- sioner of Purchases and Supplies is about 8.00 feet from the curb lines fore, authorized to convey the properties of East 156th Street and of Water- Be it ordained by the Council of previously described in this ordi- loo Road, and maintaining 6 feet of the City of Cleveland: nance to the Redeveloper, for $1.00, unobstructed walk at all times. Section 1. That notwithstanding and other valuable consideration, Legal Description approved by and as an exception to the provi- which is determined to be fair mar- Greg Esber, Section Chief, Plats, sions of Chapter 181 and 183 of the ket value by the Board of Control, Surveys and House Numbering Sec- Codified Ordinances of Cleveland, taking into account all restrictions, tion. Ohio, 1976, the Commissioner of Pur- reversionary interests and similar Section 2. That Permittee may chases and Supplies is authorized to encumbrances placed by the City of assign the permit only with the purchase the following described Cleveland in the deeds of con- prior written consent of the Director properties for future redevelopment: veyance. of Public Service. That the encroach- Section 7. That the conveyance ing structure(s) permitted by this 1466 East 174th Street shall be made by official deeds pre- ordinance shall conform to plans P. P. No. 116-25-024 pared by the Director of Law and and specifications approved by the Situated in the City of Cleveland, executed by the Mayor on behalf of Commissioner of Engineering and County of Cuyahoga and State of the City of Cleveland. The deeds Construction. That Permittee shall Ohio: And known as being Sublot shall contain necessary provisions, obtain all other required permits, No. 134 in Elworthy Helwick’s including restrictive reversionary including but not limited to Build- Homeowners Allotment of part of interests as may be specified by the ing Permits, before installing the Original Euclid Township, Tract No. Board of Control or Director of Law, encroachment(s). 15, as shown by the recorded plat in which shall protect the parties as Section 3. That the Director of Volume 58 of Maps, Page 12 of Cuya- their respective interests require Law shall prepare the permit autho- hoga County Records and being 40 and shall specifically contain a pro- rized by this ordinance and shall feet front on the Southwesterly side vision against the erection of any incorporate such additional provi- of East 174th Street and extending advertising signs or billboards ex- sions as the director determines nec- back of equal width 115 feet, as cept permitted identification signs. essary to protect and benefit the appears by said plat, be the same Section 8. That this ordinance is public interest. The permit shall be more or less, but subject to all legal declared to be an emergency mea- issued only when, in the opinion highways. sure and, provided it receives the of the Director of Law, Permittee affirmative vote of two-thirds of all has properly indemnified the City 1312 East 187th Street the members elected to Council, it against any loss that may result P. P. No. 116-31-063 shall take effect and be in force from the encroachment(s) permitted. Situated in the City of Cleveland, immediately upon its passage and Section 4. That the permit shall County of Cuyahoga and State of approval by the Mayor; otherwise it reserve to the City reasonable right Ohio: And known as being Sublot shall take effect and be in force of entry to the encroachment loca- No. 12 in the W.H. Bregenzer and from and after the earliest period tion(s). Section 5. That this ordinance is Carrie R. Bregenzes Subdivision of allowed by law. declared to be an emergency mea- part of Original Euclid Township Passed June 9, 2008. sure and, provided it receives the Tract 14 as shown by the recorded Effective June 16, 2008. affirmative vote of two-thirds of all Plat in Volume 23 of Maps, Page 25 the members elected to Council, it of Cuyahoga County Records and shall take effect and be in force being 50 feet front on the Westerly immediately upon its passage and side of East 187th Street (formerly Ord. No. 602-08. approval by the Mayor; otherwise it Moses Avenue, later known as Mar- By Council Member Cimperman. shall take effect and be in force shall Avenue) and extending back An emergency ordinance designat- from and after the earliest period of equal width 140 feet, as appears ing A Christmas Story House as a allowed by law. by said plat, be the same more or Cleveland Landmark. Passed June 9, 2008. less, but subject to all legal high- Whereas, under Chapter 161 of the Effective June 16, 2008. ways. Codified Ordinances of Cleveland, Ohio, 1976, the Cleveland Landmarks 19406 Nyack Court Commission (the “Commission”), has P. P. No. 114-31-004 proposed to designate A Christmas Ord. No. 592-08. Situated in the City of Cleveland, Story House as a landmark; and By Council Members Polensek, County of Cuyahoga and Sate of Whereas, the owner of A Christ- Pierce Scott, Cimperman and Swee- Ohio: And known as being Sublot mas Story House has been properly ney (by departmental request). No. 18 in Mary A. Jeffrees Subdivi- notified and has consented in writ- 1266 June 18, 2008 The City Record 41 ing to the proposed designation; and Program is acquired, held, adminis- nance, or such additional time as Whereas, the Commission has rec- tered and disposed by the City of may be granted by the Director of ommended designation of A Christ- Cleveland through its Department of Community Development, this ordi- mas Story House as a landmark and Community Development under the nance shall be repealed and shall be has set forth certain findings of fact terms of Chapter 5722 of the Ohio of no further force or effect. constituting the basis for its deci- Revised Code and Section 183.021 of Section 4. That the consideration sion; and Codified Ordinances of the City of for the subject parcel shall be estab- Whereas, this ordinance consti- Cleveland, 1976; and lished by the Board of Control and tutes an emergency measure provid- Whereas, this ordinance consti- shall be not less than Fair Market ing for the immediate preservation tutes an emergency measure provid- Value taking into account such of the public peace, property, health, ing for the usual daily operation of terms and conditions, restrictions and safety in that the immediate a municipal department; now, there- and covenants as are deemed nec- protection of the historic landmark fore, essary or appropriate. is necessary to safeguard the spe- Be it ordained by the Council of Section 5. That the conveyance cial historical, community, or aes- the City of Cleveland: authorized hereby shall be made by thetic interest or value in the land- Section 1. That under Section official deed prepared by the Direc- mark; now, therefore, 183.021 of the Codified Ordinances of tor of Law and executed by the Be it ordained by the Council of Cleveland, Ohio 1976, the Commis- Mayor on behalf of the City of the City of Cleveland: sioner of Purchases and Supplies is Cleveland. The deed shall contain Section 1. That A Christmas Story authorized to sell the real property, such provisions as may be necessary House whose street address in the more fully described below, to F.S. to protect and benefit the public City of Cleveland is 3159 West 11th Metals, Inc. interest including such restrictive Street, S.W., Cuyahoga County Audi- Section 2. That the real property to covenants and reversionary inter- tor’s Permanent Parcel Number is be sold pursuant to this ordinance is ests as may be specified by the 008-14-005, and is also known as the more fully described as follows: Board of Control, the Director of following described property: Community Development or the Situated in the City of Cleveland, P. P. No. 016-02-039 Director of Law. County of Cuyahoga, and State of Situated in the City of Cleveland, Section 6. That this ordinance is Ohio, and known as being Sublot No. County of Cuyahoga and State of hereby declared to be an emergency 56 in Nicholas and Christian Meyers Ohio and known as being part of measure and, provided it receives Re-Allotment of Sublot No. 45 in Sublot Number 2 in Catherine and the affirmative vote of two-thirds of Meyers Allotment of part of Origi- James Sears’ Allotment of part of all the members elected to Council, nal Brooklyn Township Lot Nos. 72 Original Brooklyn Township Lot No. it shall take effect and be in force and 85 in an addition thereto, as 35, as shown by the recorded plat in immediately upon its passage and shown by the recorded plat of said Volume 11, of Maps, Page 5 of Cuya- approval by the Mayor; otherwise it Re-Allotment in Volume 12 of Maps, hoga County Records, and forming shall take effect and be in force Page 8 of Cuyahoga County a parcel of land bounded and from and after the earliest period Records, and being 43 feet front on described as follows: allowed by law. the Easterly side of West 11th Street Beginning in the Southerly line of Passed June 9, 2008. (formerly Merchant Avenue) and Storer Avenue, S.W. (60 feet wide), Effective June 16, 2008. extending back of equal width 125 as shown dedicated in Volume 128 feet deep as appears by said plat, of Maps, Page 20 of Cuyahoga Coun- be the same more or less, but sub- ty Records, as its intersection with ject to all legal highways the Southeasterly line of a parcel of Ord. No. 635-08. Legal Description approved by land conveyed to John Engel by By Council Members Brady, Cim- Greg Esber, Section Chief, Plats, deed dated December 22, 1888 and perman and Sweeney (by depart- Surveys and House Numbering Sec- recorded in Volume 443, Page 245 of mental request). tion which in its entirety is a prop- Cuyahoga County Records; thence An emergency ordinance to amend erty having special character or spe- South 89° 57' 10" East, along said Section 2 of Ordinance No. 1855-06, cial historical or aesthetic value as Southerly line of Storer Avenue passed December 11, 2006, relating part of the development, heritage, or S.W., 112.28 feet to the Northwester- to an amendment to Contract No. cultural characteristics of the City, ly line of a parcel of land conveyed 64009 with Arcadis G & M of Ohio, State, or the United States, is desig- to Albert Liehr, by deed dated April Inc., formerly known as Arcadis nated a landmark under Chapter 161 9, 1947 and recorded in Volume 6269, FPS, Inc. to proceed with final engi- of the Codified Ordinances of Cleve- Page 607 of Cuyahoga County neering services and Stage 3 ser- land, Ohio, 1976. Records; thence South 23° 29' 30" vices for the Bessemer Avenue Ex- Section 2. That this ordinance is West, along said Northwesterly line tension Phase II project; determin- declared to be an emergency mea- of land conveyed to Albert Liehr, ing the method of making the pub- sure and, provided it receives the 642.85 feet to the most Southerly’ lic improvement of constructing affirmative vote of two-thirds of all corner of a parcel of land conveyed Phase II of the Bessemer Extension; the members elected to Council, it to Mary C. Maher, by deed dated and authorizing the Director of Pub- shall take effect and be in force October 20, 1936 and recorded in Vol- lic Service to enter into one or more immediately upon its passage and ume 4661, Page 283 of Cuyahoga public improvement contracts for approval by the Mayor; otherwise it County Records; thence North 66° the making of the improvement. shall take effect and be in force 28' 35" West, along the Southwest- Whereas, this ordinance consti- from and after the earliest period erly line of said land conveyed to tutes an emergency measure provid- allowed by law. Mary Maher, 103,10 feet to said ing for the usual daily operation of Passed June 9, 2008. Southerly line of land conveyed to a municipal department; now, there- Effective June 16, 2008. John Engel thence North 23° 30' 0" fore, East, along said Southwesterly line Be it ordained by the Council of of land conveyed to John Engel the City of Cleveland: 598.12 feet to the place of beginning, Section 1. That Section 2 of Ordi- Ord. No. 603-08. according to a survey dated July 25, nance No. 1855-06, passed December By Council Member Zone. 1949 by the National Survey Ser- 11, 2006, is amended to read as fol- An emergency ordinance authoriz- vices, Inc., Engineers and Surveyors, lows: ing the sale of real property as part be the same more or less, but sub- Section 4. That the cost of the con- of the Land Reutilization Program and ject to all legal highways. tract amendment and public im- located on Storer Avenue to F.S. Met- Excluding therefrom Permanent provement shall be paid from Fund als, Inc. Parcel No. 016-02-078 which is in- Nos. 20 SF 364, 20 SF 373, 20 SF 380, Whereas, the City of Cleveland cluded in above legal description. 20 SF 383, 20 SF 394, 20 SF 500, 20 has elected to adopt and implement Section 3. That all documents nec- SF 506, 20 SF 510, from the fund or the procedures under Chapter 5722 essary to complete the conveyance funds which are credited the funds of the Ohio Revised Code to facili- authorized by this ordinance shall received under the Local Project Ad- tate reutilization of nonproductive be executed within six (6) months ministration Agreement authorized lands situated within the City of of the effective date of this ordi- by Ordinance No. 1666-04, passed Cleveland; and nance. If all of the documents are November 8, 2004, with the Ohio Whereas, real property acquired not executed within six (6) months Department of Transportation, and under the City’s Land Reutilization of the effective date of this ordi- from the fund or funds to which are 1267 42 The City Record June 18, 2008 credited the proceeds of the sale of future general obligation bonds Section 4. That the cost of the con- the subordinated income tax bonds which are designated for this pur- tracts authorized shall be paid from authorized by Ordinance No. 121-08, pose, if the City sells such bonds, Fund Nos. 20 SF 364, 20 SF 373, 20 passed February 25, 2008, if the City from the fund or funds to which are SF 380, 20 SF 383, 20 SF 394, 20 SF sells such bonds. (RL 175071 and credited the proceeds of the sale of 500, 20 SF 506, 20 SF 510, and from 175530) the subordinated income tax bonds the fund or funds to which are cred- Section 2. That existing Section 2 authorized by Ordinance No. 121-08, ited the proceeds of the sale of the of Ordinance No. 1855-06, passed passed February 25, 2008, if the City subordinated income tax bonds December 11, 2006, is repealed. sells such bonds, and from any other authorized by Ordinance No. 121-08, Section 3. That, under Section 167 funds appropriated for this purpose, passed February 25, 2008, if the City of the Charter of the City of Cleve- Request Nos. 175097 and 175532. sells such bonds, Request Nos. land, this Council determines to Section 2. That existing Section 10 173280 and 175533. make the public improvement of of Ordinance No. 255-07, passed Section 2. That the existing title constructing Phase II of the Besse- March 26, 2007, is repealed. and Sections 1 and 4 of Ordinance mer Extension, for the Division of Section 3. That this ordinance is No. 912-07, passed June 11, 2007, are Engineering and Construction, De- declared to be an emergency mea- repealed. partment of Public Service, by one sure and, provided it receives the Section 3. That this ordinance is or more contracts duly let to the affirmative vote of two-thirds of all declared to be an emergency mea- lowest responsible bidder or bidders the members elected to Council, it sure and, provided it receives the after competitive bidding for a gross shall take effect and be in force affirmative vote of two-thirds of all price for the improvement. immediately upon its passage and the members elected to Council, it Section 4. That the Director of approval by the Mayor; otherwise it shall take effect and be in force Public Service is authorized to enter shall take effect and be in force immediately upon its passage and into one or more contracts for the from and after the earliest period approval by the Mayor; otherwise it making of the public improvement allowed by law. shall take effect and be in force with the lowest responsible bidder Passed June 9, 2008. from and after the earliest period or bidders after competitive bidding Effective June 16, 2008. allowed by law. for a gross price for the improve- Passed June 9, 2008. ment, provided, however, that each Effective June 16, 2008. separate trade and each distinct component part of the improvement Ord. No. 637-08. may be treated as a separate By Council Members Brady, Cim- improvement, and each, or any com- perman and Sweeney (by depart- Ord. No. 640-08. bination, of the trades or compo- mental request). By Council Members Conwell, Cim- nents may be the subject of a sep- An emergency ordinance to amend perman and Sweeney (by de- arate contract for a gross price. On the title and Sections 1 and 4 of partmental request). request of the director the contrac- Ordinance No. 912-07, passed June 11, An emergency ordinance authoriz- tor shall furnish a correct schedule ing the Director of Public Safety to 2007, relating to the public improve- of unit prices, including profit and lease property at 18574 Cranwood ment of removing and replacing the overhead, for all items constituting Parkway in Warrensville Heights, Longmeade Avenue and St. John units of the improvement. Ohio, from Downing Realty for the Avenue culverts, to include repairs Section 5. That this ordinance is public purpose of occupying space to to the Guardian culvert, and repair- declared to be an emergency mea- store and maintain vehicles for the ing, removing, or replacing various sure and, provided it receives the Division of Correction, for a term bridges under the 2006 Bridge Plan. affirmative vote of two-thirds of all not to exceed five months. Whereas, this ordinance consti- the members elected to Council, it Whereas, the City of Cleveland tutes an emergency measure provid- shall take effect and be in force requires certain space located at ing for the usual daily operation of immediately upon its passage and 18574 Cranwood Parkway in War- a municipal department; now, there- approval by the Mayor; otherwise it rensville Heights, Ohio, for the pub- fore, shall take effect and be in force lic purpose of leasing space to store Be it ordained by the Council of from and after the earliest period and maintain vehicles for the oper- allowed by law. the City of Cleveland: ation of the Division of Correction; Passed June 9, 2008. Section 1. That the title and Sec- and Effective June 18, 2008. tions 1 and 4 of Ordinance No. 912- Whereas, Downing Realty has 07, passed June 11, 2007, are amend- proposed to lease the space to the ed to read as follows: City of Cleveland; and An Emergency Ordinance deter- Whereas, this ordinance consti- Ord. No. 636-08. mining the method of making the tutes an emergency measure provid- By Council Members Brady, Cim- public improvement of removing and ing for the usual daily operation of perman and Sweeney (by depart- replacing the Longmeade Avenue a municipal department; now, there- mental request). and St. John Avenue culverts, to fore, An emergency ordinance to amend repair the Guardian culvert, and to Be it ordained by the Council of Section 10 of Ordinance No. 255-07, repair, remove, or replace various the City of Cleveland: passed March 26, 2007, relating to bridges under the 2006 Bridge Plan; Section 1. That notwithstanding giving consent of the City of Cleve- authorizing the Director of Public and as an exception to the provi- land to the Cuyahoga County Com- Service to enter into one or more sions of Chapters 181 and 183 of the missioners for the rehabilitation of public improvement contracts to con- Codified Ordinances of Cleveland, the Columbus Road Lift Bridge and struct the improvement; and autho- Ohio, 1976, the Director of Public causing payment for the improve- rizing the director to employ one or Safety is authorized to lease from ment. more professional consultants nec- Downing Realty approximately 4,000 Whereas, this ordinance consti- essary to make the improvement. square feet of space located at 18574 tutes an emergency measure provid- Section 1. That, under Section 167 Cranwood Parkway in Warrensville ing for the usual daily operation of of the Charter of the City of Cleve- Heights, Ohio (the “Premises”). a municipal department; now, there- land, this Council determines to Section 2. That the term of the fore, make the public improvement of lease shall not exceed five months, Be it ordained by the Council of removing and replacing the Long- beginning November 1, 2008. the City of Cleveland: meade Avenue and St. John Avenue Section 3. That the lease may Section 1. That Section 10 of Ordi- culverts, to repair the Guardian cul- authorize the City to make improve- nance No. 255-07, passed March 26, vert, and to repair, remove, or re- ments to the Premises under terms 2007, is amended to read as follows: place various bridges under the 2006 to be determined by the parties con- Section 10. That this Council Bridge Plan (the “Improvement”), sistent with the public purpose or authorizes payment to the County of for the Division of Engineering and purposes of leasing space to store the City’s share of the improvement Construction, Department of Public vehicles necessary for the operation from Fund Nos. 20 SF 364, 20 SF 373, Service, by one or more contracts of the Division of Correction. 20 SF 380, 20 SF 383, 20 SF 394, 20 duly let to the lowest responsible Section 4. That the lease may pro- SF 500, 20 SF 506, 20 SF 510, from bidder or bidders after competitive vide for the City’s payment of appro- the fund or funds to which are cred- bidding on a unit basis for the priate utility and other operating ited the proceeds from the sale of Improvement. costs of the leased premises. 1268 June 18, 2008 The City Record 43

Section 5. That the costs of the rized to execute on behalf of the a municipal department; now, there- lease shall not exceed $15,600.00 and City of Cleveland all necessary doc- fore, shall be paid from Fund No. 01- uments to acquire and to convey the Be it ordained by the Council of 600702-636000, Request No. 179757. property and to employ and pay all the City of Cleveland: Section 6. That the lease shall be fees for title companies, surveys, Section 1. That the title, the first prepared by the Director of Law. escrows, appraisers, environmental whereas clause, and Sections 4 and Section 7. That this ordinance is audits, and all other costs necessary 5 of Ordinance No. 1650-05, passed declared to be an emergency mea- for the acquisition of the property. October 17, 2005, are amended to sure and, provided it receives the Section 3. That the consideration read as follows: affirmative vote of two-thirds of all to be paid for this property shall not Authorizing the Commissioner of the members elected to Council, it exceed $1.00, and other valuable con- Purchases and Supplies to sell City- shall take effect and be in force sideration, determined to be fair owned property no longer needed for immediately upon its passage and market value. public use located in the Cleveland approval by the Mayor; otherwise it Section 4. That all costs of acqui- Enterprise Park to Millcreek Corpo- shall take effect and be in force sition of land shall be paid from rate Center LLC; and authorizing from and after the earliest period Fund No. 14. the Director of Economic Develop- allowed by law. Section 5. That this Council finds ment to enter into a Purchase Passed June 9, 2008. that the conveyance to the Redevel- Agreement. Effective June 16, 2008. oper constitutes a public use of the Whereas, the Director of Econom- property for the purposes of rede- ic Development has requested the velopment. sale of the City-owned property to Section 6. That at the direction of Millcreek Corporate Center LLC (the Ord. No. 645-08. the Board of Control, the Commis- “Redeveloper”) no longer needed for By Council Members Westbrook, sioner of Purchases and Supplies is public use and located in the Cleve- Pierce Scott, Cimperman and Swee- authorized to convey the property land Enterprise Park; and ney (by departmental request). previously described in this ordi- Section 4. That the Director of An emergency ordinance authoriz- nance to the Redeveloper, for $1.00, Economic Development is autho- ing the Commissioner of Purchases and other valuable consideration, rized to enter into a Purchase and Supplies to purchase property which is determined to be fair mar- Agreement with Millcreek Corporate for future redevelopment at 2048-50 ket value by the Board of Control, Center LLC for the redevelopment of West 98th Street, for the Department taking into account all restrictions, the property. of Community Development; and reversionary interests and similar Section 5. That the Purchase authorizing the Commissioner of encumbrances placed by the City of Agreement and deed shall contain Purchases and Supplies to convey Cleveland in the deed of con- the following: The City will sell the the property to Cudell Improvement, veyance. land to Millcreek Corporate Center Inc., or its designee, which is not Section 7. That the conveyance LLC for $150,000 an acre ($774,000) needed for public use. shall be made by official deed pre- for the site which is due at closing. Whereas, the Director of Commu- pared by the Director of Law and In exchange for the $150,000 an acre nity Development has requested the executed by the Mayor on behalf of price, the City will require Millcreek purchase of property located at 2048- the City of Cleveland. The deed Corporate Center LLC to do the fol- 50 West 98th Street for future rede- lowing: 1) that at least a 45,000 shall contain necessary provisions, velopment; and square foot office building be con- including restrictive reversionary Whereas, the Director of Commu- structed; 2) that 65% of the Phase I interests as may be specified by the nity Development has requested the building be leased; and (3) that not Board of Control or Director of Law, sale of the property to Cudell less than 100 employees shall be which shall protect the parties as Improvement, Inc. (the “Redevelop- employed in the Phase I building their respective interests require er”) which is not needed for public within 9 months after Millcreek Cor- and shall specifically contain a pro- use, for the public purpose of future porate Center LLC receives a tem- vision against the erection of any redevelopment of the property; and porary or final certificate of occu- advertising signs or billboards ex- Whereas, this ordinance consti- pancy for the new building. If any cept permitted identification signs. tutes an emergency measure provid- of the above 3 conditions are not Section 8. That this ordinance is ing for the usual daily operation of met, Millcreek Corporate Center LLC declared to be an emergency mea- a municipal department; now, there- will owe the City an additional sure and, provided it receives the fore, $126,000. After the building is con- affirmative vote of two-thirds of all Be it ordained by the Council of structed, the worth of the land shall the members elected to Council, it the City of Cleveland: be $175,000 an acre (or the appraised Section 1. That notwithstanding shall take effect and be in force price of $900,000 for the site). The and as an exception to the provi- immediately upon its passage and City will also have the right to sions of Chapter 181 and 183 of the approval by the Mayor; otherwise it repurchase the land at the same Codified Ordinances of Cleveland, shall take effect and be in force price as Millcreek Corporate Center Ohio, 1976, the Commissioner of Pur- from and after the earliest period LLC paid for it should Millcreek chases and Supplies is authorized to allowed by law. Corporate Center LLC not begin con- purchase the following described Passed June 9, 2008. struction within 24months of receiv- property for future redevelopment: Effective June 16, 2008. ing title to the property, or if con- struction is not completed within 24 P. P. No. 005-23-129 months after beginning construc- Situated in the City of Cleveland, tion. County of Cuyahoga and State of Ord. No. 647-08. Section 2. That the existing title, Ohio and known as being all of By Council Members Pierce Scott, the first whereas clause, and Sec- Sublot No. 33 and the Southerly 7 Cimperman and Sweeney (by de- tions 4 and 5 of Ordinance No. 1650- feet of Sublot No. 34 in The Fieid- partmental request). 05, passed October 17, 2005, are ner and Schmidt Re-Subdivision, of An emergency ordinance to amend repealed. part of Original Brooklyn Township the title, the first whereas clause, Section 3. That this ordinance is Lot Number 13, as shown by the and Sections 4 and 5 of Ordinance declared to be an emergency mea- recorded plat in Volume 31 of Maps, No. 1650-05, passed October 17, 2005, sure and, provided it receives the Page 16 of Cuyahoga County relating to the sale of City-owned affirmative vote of two-thirds of all Records, together forming a parcel property located in the Cleveland the members elected to Council, it of land 47 feet front on the Wester- Enterprise Park to change the name shall take effect and be in force ly side of West 98th Street, and of the purchaser from Project and immediately upon its passage and extending back of equal width 120 Construction Services, Inc. to Mill- approval by the Mayor; otherwise it feet, as appears by said plat, be the creek Corporate Center, LLC., and shall take effect and be in force same more or less, but subject to all authorizing a purchase agreement. from and after the earliest period legal highways. Whereas, this ordinance consti- allowed by law. Section 2. That the Director of tutes an emergency measure provid- Passed June 9, 2008. Community Development is autho- ing for the usual daily operation of Effective June 16, 2008. 1269 44 The City Record June 18, 2008

Ord. No. 653-08. By Council Member Cimperman. An ordinance to change the Use District of land located on the north east corner of East 55th Street and Supe- rior Avenue, shown shaded on the attached map, from General Retail Business to Residence Office District. (Map Change Number 2263, Sheet No. 4). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning on the centerline of Superior Avenue at its intersection with the southerly prolongation of the centerline of East 58th Street; Thence northerly along said centerline of East 58th Street to its intersection with the easterly prolongation of the northerly line of a parcel of land conveyed to Triple R. Assoc. LTD., by deed dated November13, 2001 and recorded in Auditor’s File Number 200112140097, said parcel also being known as Cuyahoga County’s Permanent Parcel Number 104-14-046; Thence westerly along said prolongation and said northerly line and along its westerly prolongation to its intersection with the centerline of an unnamed alley; Thence southerly along said centerline of an unnamed alley to its intersection with the easterly prolongation of the southerly line of Sublot number 58 in the M. B. Sterling allotment as shown by the recorded plat in Volume 5 page 45 of Cuyahoga County Map Records; Thence westerly along the easterly prolongation and the southerly line of said Sublot number 58 and its westerly prolongation to the centerline of East 55th Street; Thence southerly along the centerline of said East 55th Street to its intersection with the centerline of Superior Avenue; Thence easterly along the centerline of said Superior Avenue to the place of beginning; and as shaded on the attached map is changed to a Residence Office District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2263, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person designated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 9, 2008. Effective July 19, 2008. 1270 June 18, 2008 The City Record 45

Ord. No. 680-08. approval by the Mayor; otherwise it Service and certified by the Director By Council Members Zone and shall take effect and be in force of Finance. Sweeney (by departmental request). from and after the earliest period Section 4. That, under Section 167 An emergency ordinance authoriz- allowed by law. of the Charter of the City of Cleve- ing the purchase by one or more Passed June 9, 2008. land, this Council determines to requirement contracts of labor and Effective June 16, 2008. make the public improvement as materials necessary for analysis, described in Section 1 of this ordi- identification, storage, remediation, nance, for the Department of Public transportation, recycling and dis- Service, by one or more contracts posal of various chemicals, haz- Ord. No. 686-08. duly let to the lowest responsible ardous waste products and other By Council Members Brady, Cim- bidder or bidders after competitive non-hazardous and recyclable waste perman and Sweeney (by depart- bidding on a unit basis for the materials for the Division of Water, mental request). improvement. Cleveland Public Power, and Water An emergency ordinance authoriz- Section 5. That the Director of Pollution Control, Department of ing the Mayor to accept a grant Public Service is authorized to enter Public Utilities. from the Ohio Public Works Com- into one or more contracts for the Whereas, this ordinance consti- mission for rehabilitating Bellaire making of the public improvement tutes an emergency measure provid- Road between West 130th Street and with the lowest responsible bidder ing for the usual daily operation of West 117th Street; authorizing the or bidders after competitive bidding a municipal department; now, there- Director of Public Service to hire on a unit basis for the improvement, fore, one or more consultants for design, provided, however, that each sepa- Be it ordained by the Council of engineering and construction ser- rate trade and each distinct compo- the City of Cleveland: vices; determining the method of nent part of the improvement may Section 1. That the Director of making the public improvement of be treated as a separate improve- Public Utilities is authorized to rehabilitating Bellaire Road; autho- ment, and each, or any combination, make one or more written require- rizing the Director to enter into one of the trades or components may be ment contracts under the Charter or more public improvement con- the subject of a separate contract on and the Codified Ordinances of tracts for the making of the a unit basis. Cleveland, Ohio, 1976, for the improvement; and authorizing the Section 6. That notwithstanding requirements for the period of two Commissioner of Purchases and Sup- any provision of the Codified Ordi- years of the necessary items of plies to acquire for right-of-way pur- nances of Cleveland, Ohio, 1976, to labor and materials necessary for poses real property necessary to the contrary, the Commissioner of analysis, identification, storage, make the public improvement. Purchases and Supplies is autho- remediation, transportation, recy- Whereas, this ordinance consti- rized to acquire for right-of-way pur- cling and disposal of various chem- tutes an emergency measure provid- poses real property necessary to icals, hazardous waste products and ing for the usual daily operation of make the Improvement. The consid- other non-hazardous and recyclable a municipal department; now, there- eration to be paid for the property waste materials, in the approximate fore, shall not exceed fair market value. amount as purchased during the pre- Be it ordained by the Council of Section 7. That the Director of ceding term, to be purchased by the the City of Cleveland: Public Service is authorized to exe- Commissioner of Purchases and Sup- Section 1. That the Mayor is cute on behalf of the City all doc- plies on a unit basis for the Divi- authorized to accept a grant in the uments necessary to acquire prop- sions of Water, Cleveland Public approximate amount of $2,492,000, erty and to employ and pay all fees Power, and Water Pollution Control, from the Ohio Public Works Com- for title companies, surveys, Department of Public Utilities. Bids mission, acting by and through its escrows, appraiser, and all other shall be taken in a manner that per- Director to finance the public costs necessary for the acquisition mits an award to be made for all improvement of rehabilitating Bel- of the property. items as a single contract, or by sep- laire Road between West 130th Section 8. That the costs of the arate contract for each or any com- Street and West 117th Street (the contracts and property acquisition bination of the items as the Board “Improvement”); that the Mayor is authorized shall be paid from the of Control determines. Alternate authorized to file all papers and fund or funds to which are credited bids for a period less than the spec- execute all documents necessary to the grant proceeds accepted under ified term may be taken if desired receive the funds under the grant; this ordinance, the cash match, by the Commissioner of Purchases and that the funds are appropriated Fund Nos. 20 SF 364, 20 SF 373, 20 and Supplies until provision is made for the purposes described in this SF 380, 20 SF 383, 20 SF 394, 20 SF for the requirements for the entire ordinance. 500, 20 SF 506, 20 SF 510, 20 SF 520, term. Section 2. That the obligation of 52 SF 001, and 54 SF 001, Request Section 2. That the costs of the the City of Cleveland to provide No. 175554. contract or contracts shall be cash matching funds in the approx- Section 9. That this ordinance is charged against the proper appro- imate sum of $620,000, from Fund declared to be an emergency mea- priation accounts and the Director No. 20 SF 520, is approved in all sure and, provided it receives the of Public Utilities shall certify the respects. affirmative vote of two-thirds of all amount of the initial purchase, Section 3. That the Director of the members elected to Council, it which purchase, together with all Public Service is authorized to shall take effect and be in force later purchases, shall be made on employ by contract or contracts one immediately upon its passage and order of the Commissioner of Pur- or more consultants or one or more approval by the Mayor; otherwise it chases and Supplies under a requi- firms of consultants for the purpose shall take effect and be in force sition against the contract or con- of supplementing the regularly em- from and after the earliest period tracts certified by the Director of ployed staff of the several depart- allowed by law. Finance. (RL 182035) ments of the City of Cleveland in Passed June 9, 2008. Section 3. That under Section order to provide professional design, Effective June 16, 2008. 108(b) of the Charter, the purchases engineering and construction ser- authorized by this ordinance may be vices necessary to design and to pro- made through cooperative agree- vide engineering and construction ments using state procedures. The services for the Improvement. Ord. No. 687-08. Director of Public Utilities may sign The selection of the consultants By Council Members Brady, Cim- all documents with the State of Ohio for the services shall be made by perman and Sweeney (by depart- or any of its political subdivisions the Board of Control on the nomi- mental request). that are necessary to make the pur- nation of the Director of Public Ser- An emergency ordinance authoriz- chases, and may enter into one or vice from a list of qualified consul- ing the Mayor to accept a grant more contracts with the vendors tants available for employment as from the Ohio Public Works Com- selected through that cooperative may be determined after a full and mission for rehabilitating Broadway process. complete canvass by the Director of Avenue from I-77 to the east corpo- Section 4. That this ordinance is Public Service for the purpose of ration line; authorizing the Director declared to be an emergency mea- compiling a list. The compensation of Public Service to hire one or more sure and, provided it receives the to be paid for the services shall be consultants for design, engineering affirmative vote of two-thirds of all fixed by the Board of Control. The and construction services; determin- the members elected to Council, it contract or contracts shall be pre- ing the method of making the pub- shall take effect and be in force pared by the Director of Law, lic improvement of rehabilitating immediately upon its passage and approved by the Director of Public Broadway Avenue; authorizing the 1271 46 The City Record June 18, 2008

Director to enter into one or more rate trade and each distinct compo- Whereas, this ordinance consti- public improvement contracts for nent part of the improvement may tutes an emergency measure provid- the making of the improvement; be treated as a separate improve- ing for the usual daily operation of authorizing the Commissioner of ment, and each, or any combination, a municipal department; now, there- Purchases and Supplies to acquire of the trades or components may be fore, for right-of-way purposes real prop- the subject of a separate contract on Be it ordained by the Council of erty necessary to make the public a unit basis. the City of Cleveland: improvement; and authorizing the Section 6. That notwithstanding Section 1. That the Mayor is Director to enter into a Local Pro- any provision of the Codified Ordi- authorized to accept a grant in the ject Administration Agreement with nances of Cleveland, Ohio, 1976, to approximate amount of $2,869,476, the Ohio Department of Transporta- the contrary, the Commissioner of from the Ohio Public Works Com- tion for the improvement. Purchases and Supplies is autho- mission, acting by and through its Whereas, this ordinance consti- rized to acquire for right-of-way pur- Director to finance the public tutes an emergency measure provid- poses real property necessary to improvement of rehabilitating East ing for the usual daily operation of make the Improvement. The consid- 30th Street from Woodland Avenue a municipal department; now, there- eration to be paid for the property to St. Clair Avenue (the “Improve- fore, shall not exceed fair market value. ment”); that the Mayor is authorized Be it ordained by the Council of Section 7. That the Director of to file all papers and execute all the City of Cleveland: Public Service is authorized to exe- documents necessary to receive the Section 1. That the Mayor is cute on behalf of the City all doc- funds under the grant; and that the authorized to accept a grant in the uments necessary to acquire prop- funds are appropriated for the pur- approximate amount of $5,983,000, erty and to employ and pay all fees poses described in this ordinance. from the Ohio Public Works Com- for title companies, surveys, Section 2. That the obligation of mission, acting by and through its escrows, appraiser, and all other the City of Cleveland to provide Director to finance the public im- costs necessary for the acquisition cash matching funds in the approx- provement of rehabilitating Broad- of the property. imate sum of $640,000, from Fund way Avenue from I-77 to the east Section 8. That the Director of No. 20 SF 520, is approved in all corporation line (the “Improvement”); Public Service is authorized to enter respects. that the Mayor is authorized to into a Local Project Administration Section 3. That the Director of file all papers and execute all doc- Agreement with the Ohio Depart- Public Service is authorized to uments necessary to receive the ment of Transportation to assist employ by contract or contracts one funds under the grant; and that the with financing the Improvement. or more consultants or one or more funds are appropriated for the pur- Section 9. That the costs of the firms of consultants for the purpose poses described in this ordinance. contracts and property acquisition of supplementing the regularly em- Section 2. That the obligation of authorized shall be paid from the ployed staff of the several depart- the City of Cleveland to provide fund or funds to which are credited ments of the City of Cleveland in cash matching funds in the approx- the grant proceeds accepted under order to provide professional design, imate sum of $1,300,000, from Fund this ordinance, the cash match, engineering and construction ser- No. 20 SF 520, is approved in all Fund Nos. 20 SF 364, 20 SF 373, 20 vices necessary to design and to pro- respects. SF 380, 20 SF 383, 20 SF 394, 20 SF vide engineering and construction Section 3. That the Director of 500, 20 SF 506, 20 SF 510, 20 SF 520, services for the Improvement. Public Service is authorized to em- 52 SF 001, and from the fund or The selection of the consultants ploy by contract or contracts one or funds to which are credited the for the services shall be made by more consultants or one or more the Board of Control on the nomi- firms of consultants for the purpose funds received from the Ohio of supplementing the regularly em- Department of Transportation for nation of the Director of Public Ser- ployed staff of the several depart- the Improvement and are appropri- vice from a list of qualified consul- ments of the City of Cleveland in ated for this purpose, Request No. tants available for employment as order to provide professional design, 175548. may be determined after a full and engineering and construction ser- Section 10. That this ordinance is complete canvass by the Director of vices necessary to design and to pro- declared to be an emergency mea- Public Service for the purpose of vide engineering and construction sure and, provided it receives the compiling a list. The compensation services for the Improvement. affirmative vote of two-thirds of all to be paid for the services shall be The selection of the consultants the members elected to Council, it fixed by the Board of Control. The for the services shall be made by shall take effect and be in force contract or contracts shall be pre- the Board of Control on the nomi- immediately upon its passage and pared by the Director of Law, ap- nation of the Director of Public Ser- approval by the Mayor; otherwise it proved by the Director of Public Ser- vice from a list of qualified consul- shall take effect and be in force vice and certified by the Director of tants available for employment as from and after the earliest period Finance. may be determined after a full and allowed by law. Section 4. That, under Section 167 complete canvass by the Director of Passed June 9, 2008. of the Charter of the City of Cleve- Public Service for the purpose of Effective June 16, 2008. land, this Council determines to compiling a list. The compensation make the public improvement as to be paid for the services shall be described in Section 1 of this ordi- fixed by the Board of Control. The nance, for the Department of Public contract or contracts shall be pre- Ord. No. 688-08. Service, by one or more contracts pared by the Director of Law, By Council Members Brady, Cim- duly let to the lowest responsible approved by the Director of Public perman and Sweeney (by depart- bidder or bidders after competitive Service and certified by the Director mental request). bidding on a unit basis for the of Finance. An emergency ordinance authoriz- improvement. Section 4. That, under Section 167 ing the Mayor to accept a grant Section 5. That the Director of of the Charter of the City of Cleve- from the Ohio Public Works Com- Public Service is authorized to enter land, this Council determines to mission for rehabilitating East 30th into one or more contracts for the make the public improvement as Street from Woodland Avenue to St. making of the public improvement described in Section 1 of this ordi- Clair Avenue; authorizing the Direc- with the lowest responsible bidder nance, for the Department of Public tor of Public Service to hire one or or bidders after competitive bidding Service, by one or more contracts more consultants for design, engi- on a unit basis for the improvement, duly let to the lowest responsible neering and construction services; provided, however, that each sepa- bidder or bidders after competitive determining the method of making rate trade and each distinct compo- bidding on a unit basis for the the public improvement of rehabili- nent part of the improvement may improvement. tating East 30th Street; authorizing be treated as a separate improve- Section 5. That the Director of the Director to enter into one or ment, and each, or any combination, Public Service is authorized to enter more public improvement contracts of the trades or components may be into one or more contracts for the for the making of the improvement; the subject of a separate contract on making of the public improvement and authorizing the Commissioner a unit basis. with the lowest responsible bidder of Purchases and Supplies to Section 6. That notwithstanding or bidders after competitive bidding acquire for right-of-way purposes any provision of the Codified Ordi- on a unit basis for the improvement, real property necessary to make the nances of Cleveland, Ohio, 1976, to provided, however, that each sepa- public improvement. the contrary, the Commissioner of 1272 June 18, 2008 The City Record 47

Purchases and Supplies is autho- 40" West along the centerline of would be heard before the Board of rized to acquire for right-of-way pur- University Court, 45.00 feet to a Revision of Assessments; and poses real property necessary to point; Thence South 37° 29' 21" Whereas, on April 9, 2008, the make the Improvement. The consid- East, 10.00 feet to the intersection of Board of Revision of Assessments eration to be paid for the property the southeasterly right of way of approved the above vacation under shall not exceed fair market value. University Court and the southwest- the provisions of Section 176 of the Section 7. That the Director of Pub- erly right of way of West 7th Street Charter of the City of Cleveland; lic Service is authorized to execute and the PRINCIPAL PLACE OF and on behalf of the City all documents BEGINNING of the premises de- Whereas, this Council is satisfied necessary to acquire property and to scribed herein; Thence South 37° 29’ that there is good cause for vacat- employ and pay all fees for title com- 21” East along the southwesterly ing a portion of the above and that panies, surveys, escrows, appraiser, right of way of West 7th Street, it will not be detrimental to the and all other costs necessary for the 10.00 feet to a point; Thence North general interest and that it should acquisition of the property. 52° 33' 40" East, 14.50 feet to a be made; and Section 8. That the costs of the point; Thence North 37° 29' 21" Whereas, this ordinance consti- contracts and property acquisition West, 10.00 feet to a point; Thence tutes an emergency measure provid- authorized shall be paid from the South 52° 33' 40" West, 14.50 feet to ing for the usual daily operation of fund or funds to which are credited the PRINCIPAL PLACE OF BEGIN- a municipal department; now, there- the grant proceeds accepted under NING and containing 0.0033 acres of fore, this ordinance, the cash match, land as surveyed and described by Be it ordained by the Council of Fund Nos. 20 SF 364, 20 SF 373, 20 Edward B. Dudley, P.S. 6747 in the City of Cleveland: March of 2007, being the same, more SF 380, 20 SF 383, 20 SF 394, 20 SF Section 1. That this Council de- 500, 20 SF 506, 20 SF 510, 20 SF 520, or less but subject to all legal high- clares its intent to vacate a portion 52 SF 001, Request No. 175549. ways, reservations, restrictions, and of the following described real prop- Section 9. That this ordinance is easements of record. BASIS OF erty: declared to be an emergency mea- BEARINGS: The Centerline of West Situated in the City of Cleveland, sure and, provided it receives the 7th Street as North 37° 29' 21" West County of Cuyahoga and State of affirmative vote of two-thirds of all as shown on the Plat of Vacation the members elected to Council, it recorded in Volume 350 Page 07 of Ohio and known as being part of shall take effect and be in force C.C.M.R. Original 100 Acre Lot No. 399 and immediately upon its passage and Legal Description approved by further bounded and described as approval by the Mayor; otherwise it Greg Esber, Section Chief, Plats, follows: Beginning at the intersec- shall take effect and be in force Surveys and House Numbering Sec- tion of the westerly line of East from and after the earliest period tion. 82nd Street, formerly Genesee Ave- allowed by law. Section 2. That there is reserved nue, (66 feet wide) with the norther- Passed June 9, 2008. to the City of Cleveland an ease- ly line of Chester Avenue (width Effective June 16, 2008. ment of full width as described varies) as dedicated in Volume 143 above for Dominion East Ohio Gas of Maps, Page 6 of Cuyahoga Coun- and AT&T. ty Records; That no structures shall be erect- Course 1: thence along the south- Ord. No. 692-08. ed on the premises described in this erly prolongation of the westerly By Council Members Cimperman, easement except those constructed line of East 82nd Street, South 00° Brady and Sweeney (by departmen- under the approval of, and in com- 13’ 14” West, a distance of 40.09 feet; tal request). pliance with, plans approved by Course 2: thence North 82° 30' 06" An emergency ordinance to vacate Dominion East Ohio Gas, AT&T and West, a distance of 288.80 feet to the a portion of West 7th Street. the City of Cleveland. intersection of the easterly line of Whereas, under Resolution No. Section 3. That provided all re- East 81 Street, formerly Princeton 1269-07, adopted October 1, 2007, this quired approvals have been ob- Street, (45 feet wide) as established Council declared its intention to tained, the Commissioner of Engi- by Appropriation Proceedings in vacate a portion of West 7th Street; neering and Construction is directed Docket 32, No. 8073 Cuyahoga Coun- and to record the vacation plat in the ty Probate Court with the northerly Whereas, notice of the adoption of office of the Recorder of Cuyahoga line of Chester Avenue as aforesaid; the above vacation was served on County. Course 3: thence along the north- the abutting property owners affect- Section 4. That the Clerk of Coun- erly line of Chester Avenue, North ed by the resolution which stated a cil is directed to transmit a copy of 89° 1' 13" East, a distance of 286.49 time and place when objections this ordinance to the Auditor of feet to the place of beginning and would be heard before the Board of Cuyahoga County. containing 0.1318 acre of land ac- Revision of Assessments; and Section 5. That this ordinance is cording to a survey by Matthew C. Whereas, on April 9, 2008, the declared to be an emergency mea- Neff, Ohio Professional Surveyor Board of Revision of Assessments sure and, provided it receives the #7315, of the M Neff Design Group approved the above vacation under affirmative vote of two-thirds of all dated November 21, 2006, be the the provisions of Section 176 of the the members elected to Council, it same more or less but subject to all Charter of the City of Cleveland; shall take effect and be in force legal highways. and immediately upon its passage and Note: Bearings shown hereon are Whereas, this Council is satisfied to an assumed meridian and are that there is good cause for vacat- approval by the Mayor; otherwise it used to denote angles only. Monu- ing a portion of the above and that shall take effect and be in force ments described as 5/8" iron pins it will not be detrimental to the gen- from and after the earliest period set are 5/8" diameter by 30" long eral interest and that it should be allowed by law. rebar with cap stamped “M NEFF made; and Passed June 9, 2008. 7315”. Whereas, this ordinance consti- Effective June 16, 2008. tutes an emergency measure provid- Legal Description approved by ing for the usual daily operation of Greg Esber, Section Chief, Plats, Sur- a municipal department; now, there- veys and House Numbering Section. fore, Ord. No. 693-08. Section 2. That there is reserved Be it ordained by the Council of By Council Members Lewis, Brady, to the City of Cleveland an ease- the City of Cleveland: Cimperman and Sweeney (by depart- ment of full width as described Section 1. That this Council mental request). above for Dominion East Ohio Gas. declares that the following de- An emergency ordinance to vacate That no structures shall be erect- scribed real property is vacated: a portion of Chester Avenue N.E. ed on the premises described in this Situated in the City of Cleveland, Whereas, under Resolution No. easement except those constructed County of Cuyahoga and State of 1423-07, adopted December 10, 2007, under the approval of, and in com- Ohio and known as being part of this Council declared its intention to pliance with, plans approved by Original One-Hundred Acre Lot No. vacate a portion of Chester Avenue Dominion East Ohio Gas and the 282 and further bounded and de- N.E.; and City of Cleveland. scribed as follows: Whereas, notice of the adoption of Section 3. That provided all re- BEGINNING at the intersection of the above vacation was served on quired approvals have been ob- the centerlines of West 7th Street the abutting property owners affect- tained, the Commissioner of Engi- (width varies) and University Court ed by the resolution which stated a neering and Construction is directed (20 feet wide); Thence South 52° 33' time and place when objections to record the vacation plat in the 1273 48 The City Record June 18, 2008 office of the Recorder of Cuyahoga ty Probate Court with the northerly it will not be detrimental to the gen- County. line of Chester Avenue as aforesaid; eral interest and that it should be Section 4. That the Clerk of Coun- Course 3: thence along the north- made; and cil is directed to transmit a copy of erly line of Chester Avenue, North Whereas, this ordinance consti- this ordinance to the Auditor of 89° 1' 13" East, a distance of 286.49 tutes an emergency measure provid- Cuyahoga County. feet to the place of beginning and ing for the usual daily operation of Section 5. That this ordinance is containing 0.1318 acre of land ac- a municipal department; now, there- declared to be an emergency mea- cording to a survey by Matthew C. fore, sure and, provided it receives the Neff, Ohio Professional Surveyor Be it ordained by the Council of affirmative vote of two-thirds of all #7315, of the M Neff Design Group the City of Cleveland: the members elected to Council, it dated November 21, 2006, be the Section 1. That this Council de- shall take effect and be in force same more or less but subject to all clares that the following described immediately upon its passage and legal highways. real property is vacated: approval by the Mayor; otherwise it Note: Bearings shown hereon are Being all that portion of Justin shall take effect and be in force to an assumed meridian and are Avenue S.W. (25 feet wide) extend- from and after the earliest period used to denote angles only. Monu- ing Westerly from the westerly line allowed by law. ments described as 5/8" iron pins of West 158th Street (50 feet wide) Passed June 9, 2008. set are 5/8" diameter by 30" long to the westerly line of the Lynhurst Effective June 16, 2008. rebar with cap stamped “M NEFF Allotment Re-Subdivision No. 1 as 7315”. shown by the recorded plat Volume Legal Description approved by 147 Page 28 of Cuyahoga County Greg Esber, Section Chief, Plats, Sur- Map Records. Ord. No. 694-08. veys and House Numbering Section. Legal Description approved by By Council Members Santiago, Section 2. That there is reserved Greg Esber, Section Chief, Plats, Sur- Brady, Cimperman and Sweeney (by to the City of Cleveland an ease- veys and House Numbering Section. departmental request). ment of full width as described Section 2. That provided all re- An emergency ordinance to vacate above for Dominion East Ohio Gas. quired approvals have been ob- a portion of West 27th Place and a That no structures shall be erect- tained, the Commissioner of Engi- portion of Oriole Court. ed on the premises described in this neering and Construction is directed Whereas, under Resolution No. easement except those constructed to record the vacation plat in the 1700-07, adopted December 10, 2007, under the approval of, and in com- office of the Recorder of Cuyahoga this Council declared its intention to pliance with, plans approved by County. vacate a portion of West 27th Place Dominion East Ohio Gas and the Section 3. That the Clerk of Coun- and a portion of Oriole Court.; and City of Cleveland. cil is directed to transmit a copy of Whereas, notice of the adoption of Section 3. That provided all re- this ordinance to the Auditor of the above vacation was served on quired approvals have been ob- Cuyahoga County. the abutting property owners affect- tained, the Commissioner of Engi- Section 4. That this ordinance is ed by the resolution which stated a neering and Construction is directed declared to be an emergency mea- time and place when objections to record the vacation plat in the sure and, provided it receives the would be heard before the Board of office of the Recorder of Cuyahoga affirmative vote of two-thirds of all Revision of Assessments; and County. the members elected to Council, it Whereas, on April 9, 2008, the Section 4. That the Clerk of Coun- shall take effect and be in force Board of Revision of Assessments cil is directed to transmit a copy of immediately upon its passage and approved the above vacation under this ordinance to the Auditor of approval by the Mayor; otherwise it the provisions of Section 176 of the Cuyahoga County. shall take effect and be in force Charter of the City of Cleveland; Section 5. That this ordinance is from and after the earliest period and declared to be an emergency mea- allowed by law. Whereas, this Council is satisfied sure and, provided it receives the Passed June 9, 2008. that there is good cause for vacat- affirmative vote of two-thirds of all Effective June 16, 2008. ing a portion of the above and that the members elected to Council, it it will not be detrimental to the gen- shall take effect and be in force eral interest and that it should be immediately upon its passage and made; and approval by the Mayor; otherwise it Ord. No. 697-08. Whereas, this ordinance consti- shall take effect and be in force By Council Members Pierce Scott tutes an emergency measure provid- from and after the earliest period and Sweeney (by departmental re- ing for the usual daily operation of allowed by law. quest). a municipal department; now, there- Passed June 9, 2008. An emergency ordinance to amend fore, Effective June 16, 2008. the title, and Sections 1 and 2 of Ordi- Be it ordained by the Council of nance No. 461-06, passed June 5, 2006; the City of Cleveland: and to amend the title, the first Section 1. That this Council de- whereas clause, and Section 1 of Ordi- clares its intent to vacate a portion Ord. No. 695-08. nance No. 1825-07, passed December 3, of the following described real prop- By Council Members Sweeney, 2007, relating to authorizing the erty: Brady and Cimperman (by depart- Director of Economic Development to Situated in the City of Cleveland, mental request). enter into various types of loan County of Cuyahoga and State of An emergency ordinance to vacate agreements for Economic Develop- Ohio and known as being part of a portion of Justin Avenue S.W. ment financial assistance in amounts Original 100 Acre Lot No. 399 and Whereas, under Resolution No. not to exceed $250,000. further bounded and described as 1270-07, adopted October 1, 2007 this Whereas, under Ordinance No. follows: Beginning at the intersec- Council declared its intention to 461-06, passed June 5, 2006, this tion of the westerly line of East vacate a portion of Justin Avenue Council authorized the Director of 82nd Street, formerly Genesee Ave- S.W.; and Economic Development to enter nue, (66 feet wide) with the norther- Whereas, notice of the adoption of into loan agreements for economic ly line of Chester Avenue (width the above vacation was served on development financial assistance in varies) as dedicated in Volume 143 the abutting property owners affect- amounts not to exceed $250,000 of Maps, Page 6 of Cuyahoga Coun- ed by the resolution which stated a until December 31, 2007; and ty Records; time and place when objections Whereas, under Ordinance No. Course 1: thence along the south- would be heard before the Board of 1825-07, passed December 3, 2007, erly prolongation of the westerly Revision of Assessments; and this Council continued the authority line of East 82nd Street, South 00° Whereas, on April 9, 2008, the granted in Ord. No. 461-06 until 13’ 14” West, a distance of 40.09 feet; Board of Revision of Assessments December 31, 2009; and Course 2: thence North 82° 30' 06" approved the above vacation under Whereas, the Director of Eco- West, a distance of 288.80 feet to the the provisions of Section 176 of the nomic Development wishes to en- intersection of the easterly line of Charter of the City of Cleveland; hance the program by including for- East 81 Street, formerly Princeton and givable loans, in addition to loans Street, (45 feet wide) as established Whereas, this Council is satisfied as eligible types of economic devel- by Appropriation Proceedings in that there is good cause for vacat- opment financial assistance granted Docket 32, No. 8073 Cuyahoga Coun- ing a portion of the above and that under these ordinances; and 1274 June 18, 2008 The City Record 49

Whereas, this ordinance consti- Section 4. That the existing title, Development, for the purpose of tutes an emergency measure provid- the first whereas clause, and Section Penstan using the property as an ing for the usual daily operation of 1 of Ordinance No. 1825-07, passed access driveway to their existing a municipal department; now, there- December 3, 2007, are repealed. facility or for future expansion of fore, Section 5. That the Director of their facility; and Be it ordained by the Council of Economic Development shall pro- Whereas, this ordinance consti- the City of Cleveland: vide quarterly reports to the Clerk tutes an emergency measure provid- Section 1. That the title, and Sec- of Council on the projects autho- ing for the usual daily operation of tions 1 and 2 of Ordinance No. 461- rized under this ordinance. a municipal department; now, there- 06, passed June 5, 2006, are amend- Section 6. That this ordinance is fore, ed to read as follows: declared to be an emergency mea- Be it ordained by the Council of An emergency ordinance autho- sure and, provided it receives the the City of Cleveland: rizing the Director of Economic affirmative vote of two-thirds of all Section 1. That under Section Development to enter into various the members elected to Council, it 183.14 of the Codified Ordinances of types of loan agreements for Eco- shall take effect and be in force Cleveland, Ohio, 1976, the Director of nomic Development financial assis- immediately upon its passage and Community Development is autho- tance in amounts not to exceed approval by the Mayor; otherwise it rized to transfer Permanent Parcel $250,000. shall take effect and be in force No. 001-30-006, to the control, posses- Section 1. That the Director of Eco- from and after the earliest period sion, and use of the Department of nomic Development is authorized to allowed by law. Economic Development: enter into various types of loan Passed June 9, 2008. agreements for economic develop- Effective June 16, 2008. P. P. No. 001-30-006 ment financial assistance in amounts not to exceed $250,000 in the aggre- Parcel No 1: gate for each project and forgivable Beginning on the center line of loans under the Vacant Property Ini- Ord. No. 700-08. Detroit Avenue, N. (66 feet wide), at tiative in amounts not to exceed By Council Members Westbrook, its point of intersection with the $250,000 if the terms of any type of Pierce Scott, Johnson, Cimperman Northerly prolongation of the East- loan agreements entered into under and Sweeney (by departmental re- erly line of land conveyed to The this ordinance are approved by the quest). Schafer-Suhr Coal Company by deed Cleveland Citywide Development An emergency ordinance authoriz- dated March 24, 1916, and recorded Corporation and if the Mayor and the ing the Director of Community in Volume 1764, Page 279 of Cuya- Council Member in whose ward the Development to transfer Permanent hoga County Records; project for which economic develop- Parcel No. 001-30-006, to the control, Thence Easterly along said center ment financial assistance is being possession, and use of the Depart- line of Detroit Avenue, N.W. about given is located submit a letter of ment of Economic Development for 365 feet to the Northwesterly corner support for the project. That the environmental remediation and de- of land conveyed to The Citizens Director of Economic Development velopment; authorizing the Director Savings and Trust Company of shall notify the Council Member in of Economic Development to enter Cleveland Ohio, by deed dated Octo- whose ward the project will occur into a lease with option to purchase ber 7, 1920, and recorded in Volume before it has been approved by the a portion of the property, to Pen- 2432, P. 231 of Cuyahoga County Cleveland Citywide Development stan, LLC, dba Cosmos Industrial Records; Corporation. Services, for a period of up to five Thence Southerly along the West- Section 2. That the loan or for- years, with two five-year options to erly line of land so conveyed to The givable loan agreements shall be renew, exercisable by the Director Citizens Savings and Trust Compa- paid from Fund Nos. 17 SF 008 of Economic Development; authoriz- ny of Cleveland, Ohio, about 588- (UDAG Repayments), 10 SF 501 ing the Commissioner of Purchases 44/100 feet to the most Easterly cor- (NDIF Repayments), 17 SF 003 and Supplies to sell approximately ner of land conveyed to The New (SBRL), 10 SF 504, and 12 SF 954 0.62 acres of City-owned property no York, Chicago & St. Louis Railroad (EDA). longer needed for public use locat- Company by deed dated August 13, Section 2. That the existing title, ed within the transferred property 1917, and recorded in Volume 1955, and Sections 1 and 2 of Ordinance to Penstan, LLC, dba Cosmos Indus- Page 637 of Cuyahoga County No. 461-06, passed June 5, 2006, are trial Services, for the purpose of Records; repealed. development. Thence Northwesterly along the Section 3. That the title, the first Whereas, the Department of Com- Northeasterly line of land so con- whereas clause, and Section 1 of munity Development desires to veyed to The New York, Chicago & Ordinance No. 1825-07, passed De- transfer Permanent Parcel No. 001- St. Louis Railroad Company and cember 3, 2007, are amended to read 30-006 (the “Trinity Property”) under along the Northeasterly line of the as follows: its control to the Department of Eco- First Parcel of Land conveyed to An emergency ordinance authoriz- nomic Development; and The New York Chicago and St. ing the Director of Economic Devel- Whereas, Section 183.14 of the Louis Railroad Company by deed opment to continue to enter into var- Codified Ordinances of Cleveland, dated October 18, 1917, and recorded ious types of loan agreements for Ohio, 1976, requires that such trans- in Volume 2053, Page 120 of Cuya- Economic Development financial fer be preceded by an ordinance of hoga County Records, about 271- assistance in amounts not to exceed Council approving the transfer; and 24/100 feet to the most Easterly cor- $250,000 past December 31, 2007 until Whereas, the property to be trans- ner of land conveyed to The Ohio December 31, 2009. ferred will become a component of Body & Blower Company by deed Whereas, under Ordinance No. 461- the City of Cleveland’s industrial dated January 27, 1925, and record- 06, passed June 5, 2006, this Council land reutilization program, as estab- ed in Volume 3205, Page 593 of authorized the Director of Econom- lished by Ordinance No. 717-05, Cuyahoga County Records; ic Development to enter into various passed July 13, 2005, and, as such, Thence Westerly along the types of loan agreements for Eco- will be regulated by Chapter 5722 of Southerly line of land so conveyed nomic Development financial assis- the Revised Code and Section 183.021 to The Ohio Body & Blower Compa- tance in amounts not to exceed of the Codified Ordinances of Cleve- ny about 84-28/100 feet to an angle: $250,000; and land, Ohio, 1976, regarding acquisi- thence Northwesterly along said Section 1. That this Council autho- tion and disposition of the property; Southerly line about 12-76/100 feet to rizes the Director of Economic and the Easterly line of land so con- Development to continue to enter Whereas, once under the control veyed to The Schafer-Suhr Coal Com- into various types of loan agree- of the Department of Economic De- pany; ments authorized under Ordinance velopment, the Director will enter Thence Northerly along said East- No. 461-06, passed June 5, 2006 for into a lease with option to purchase, erly line of land so conveyed to The Economic Development financial with adjacent owner, Penstan, LLC, Schafer-Suhr Coal Company and assistance in amounts not to exceed dba Cosmos Industrial Services, Inc. along the Northerly prolongation $250,000 and forgivable loans under (“Penstan”), of a 0.62-acre portion of thereof to the place of beginning, be the Vacant Property Initiative in the Trinity Property, for a period the same more or less, but subject amounts not to exceed $250,000 past not to exceed five years, with two to all legal highways. December 31, 2007 until December five-year options to renew, exercis- Excepting and excluding there- 31, 2009. able by the Director of Economic from the following parcel of land: 1275 50 The City Record June 18, 2008

Situated in the City of Cleveland Course 3: Thence Northerly along along the Northeasterly boundary of County of Cuyahoga and State of the Easterly line of said land con- said parcel of land conveyed by The Ohio, and known as being a part of veyed to Wilbur S. Bailey and its Union Trust Company, a distance of Original Brooklyn Township Lot No. Northerly prolongation said Norther- 162.80 feet, more or less to a point 12 and bounded and described as fol- ly prolongation being also the West- that is the Northeasterly corner of lows: Beginning on the center line erly line of a parcel of land con- said parcel of land conveyed by The of Detroit Avenue N. W, 66 feet in veyed by Wilbur S. Bailey to Union Trust Company; width, at the Northwesterly corner William Curtis by deed recorded in Thence Southerly, deflecting to of land conveyed to Standard Inter- Volume 1266, Page 100 of said Coun- the right 67° 44' 40", along the East- national Corporation by deed dated ty Deed records, 378.64 feet at its erly boundary of said parcel of land June 24, 1968 and recorded in Vol- intersection with the Southerly line conveyed by The Union Trust Com- ume 12, 336, Page 403 of Cuyahoga of Detroit Avenue, NW; pany, a distance 63.53 feet, more or County Records; Course 4: Thence Easterly along less, to a point; Thence South 00° 05' 52" East the Southerly line of Detroit Avenue, Thence Northwesterly, deflecting along the Westerly line of land so N.W., 176.46 feet to the beginning to the right 109° 58’ 23", a distance conveyed to Standard International point; of 28.92 feet to a point; Corporation 588.46 feet to a stone Save and excepting therefrom the Thence continuing Northwesterly, monument at the Easterly corner of following described parcel of land: deflecting to the right 1° 21' 30" a land conveyed to The New York, Situated in the City of Cleveland distance of 374.22 feet, more or less Chicago & St. Louis Railroad Com- County of Cuyahoga and State of to a point in said Easterly line of pany by deed dated August 13, 1917, Ohio and being a parcel of Original West 96th Street; and recorded in Volume 1995, Page Brooklyn Township Lot No. 12, now Thence Northerly, deflecting to 637 of Cuyahoga County Records. in said City, and bounded and the right 68° 58' 30" along said Thence North 82° 05' 35" West described as follows: Beginning at Easterly line of West 96th Street, a along the Northerly line of land so the Northwesterly corner of the par- distance of 13.67 feet, more or less, conveyed to The New York, Chicago cel of land conveyed by The Schafer- to a principal place of beginning, be & St. Louis Railroad Company, and Suhr Coal Company to Frank B. Car- the same more or less, but subject along the Northerly line of land con- penter by warranty deed dated April to all legal highways. veyed to The New York, Chicago & 15, 1916, and recorded in Volume Section 2. That on consummation St. Louis Railroad Company by deed 1792, Page 348 of Cuyahoga County of the transfer referenced above, the dated October 18, 1917 and recorded Records, and running; directors participating in the trans- in Volume 2053, Page 120 of Cuya- Thence Southeasterly 188.93 feet, action shall initial and date a copy hoga County Records, a distance of more or less, along the Northerly of this ordinance and deliver the 83.94 feet to an iron pin; thence line of the above-described parcel; copy to the custody of the Division North 00° 15' 50" West 567.16 feet to Thence Northerly at an angle of of Property Management of the a point in the center line of afore- 67° 47' 30" with the preceding Department of Parks, Recreation mentioned Detroit Avenue, N. W, course, 13.55 feet more or less; and Properties. from which point an iron pin locat- Thence Northwesterly and at an Section 3. That notwithstanding ed in the Southerly line of Detroit angle of 109° 53' with the preceding and as an exception to the provi- Avenue N. W., bears South 00° 15' course, 186 feet, more or less; sions of Chapters 181 and 183 of the 50" East, 33.20 feet; Thence Southerly at an angle of Codified Ordinances of Cleveland, Thence North 83° 26' 00" East 70° 3' 30" with the preceding course Ohio, 1976, the Director of Economic along the center line of Detroit 5.4 feet to the place of beginning, be Development is authorized to lease Avenue N. W, 85.31 feet to the place of beginning, containing 45,688 the same more or less, but subject with option to purchase, to Penstan, square feet of land (1.0489 Ac.) to all legal highways. the following property which is not exclusive of 2,814 square feet (0.0646 needed for public use for the term Ac.) lying within the Southerly one- Parcel No. 3: of the lease: half of Detroit Avenue, N. W., be the Situated in the City of Cleveland, same more or less, but subject to all County of Cuyahoga and State of Parcel “A” legal highways. Ohio and known as being part of Detroit Avenue N.W., Cleveland Original Brooklyn Township Lot No. Situated in the City of Cleveland, Parcel No. 2: 12 in Township Seven (7) North, County of Cuyahoga and State of Situated in the City of Cleveland, Range Thirteen (13) West, and Ohio, and known as being part of County of Cuyahoga and State of being more particularly bounded Original Brooklyn Township Lot No. Ohio and known as being that part and described as follows: 12, further known as being part of of Original Brooklyn Township Lot Commencing at the point of inter- those premises conveyed to The City No. 12, which is bounded and section of the Southerly line of of Cleveland Land Reutilization Pro- described as follows: The beginning Detroit Avenue, (66 feet wide) as gram 04 by deed dated November 12, point is at a stone monument in the originally established and the East- 2004 and recorded in AFN Southerly line of Detroit Avenue, N. erly line of West 96th Street, (60 200411150263 of Cuyahoga County W., (66 feet wide) at its intersection feet wide) as originally established, Records, said parcel being more par- with the Westerly line of a parcel said point being marked by an iron ticularly bounded and described as of land conveyed by William S. Cur- pin; follows: tis to Frederick J. McWade by deed Thence Southerly, along said Commencing for Reference at a recorded in Volume 211, Page 156 of Easterly line of West 96th Street, a stone monument found at the inter- said County Deed Records. distance of 162.52 feet, more or less, section of the centerline of Detroit Course 1: Thence Southerly along to the Northwesterly corner of a par- Avenue N. W., 66 feet wide, and the the Westerly line of said land con- cel of land conveyed as premises No. easterly line of Original Brooklyn veyed to William J. Mc Wade, 469.52 4 by The Union Trust Company, to Township Lot No. 12; Thence South feet to a stone monument at the The New York, Chicago & St. Louis 83° 26' 00" West along the center- Northeasterly corner of a parcel of Railroad Company by deed dated line of Detroit Avenue N. W., a dis- land conveyed by The Schafer-Suher October 1, 1930, recorded in Volume tance of 723.31 feet to the true place Coal Company to Frank B. Carpen- 3984, Pages 246-309, of Cuyahoga of beginning of the parcel herein ter by deed recorded in Volume 1792, county Deed Records, said point described; Page 348 of Cuyahoga County Deed being the principal point of begin- Course No. 1: thence South 00° 15' Records; ning; 50" East and passing through an Course 2: Thence Westerly along Thence Southeasterly, deflecting iron pin set on the southeasterly the Northerly line of said land con- to the left 81° 28' 30" along the line of Detroit Avenue N. W. at 33.20 veyed to Frank B. Carpenter, 189.02 Northerly boundary of said parcel of feet, a total distance of 564.77 feet feet to a stone monument at the land conveyed by The Union Trust to a point on the northerly line of Northwesterly corner of said land Company, a distance of 227.95 feet land conveyed to The New York, conveyed to Frank B. Carpenter. to a point that is 108.56 feet Norther- Chicago and St. Louis Railroad Com- Said stone monument being also in ly by right angle measurement, from pany by deed dated October 18, 1917 the Easterly line of a parcel of land the Southwesterly boundary of said and recorded in Volume 2053, Page conveyed by William S. Curtis to parcel of land Conveyed by The 120 of Cuyahoga County Records, Wilbur S, Bailey by deed recorded Union Trust Company; said point being witnessed by a 5/8- in Volume 1266, Page 101 of said Thence continuing Southeasterly, inch iron pin found distant South County Deed Records; deflecting to the right 13° 25 '27", 09° 30' 44" West, 2.62 feet therefrom; 1276 June 18, 2008 The City Record 51

Course No. 2: thence North 80° 31' tual sale of the leased property to 92-11935, Page 45 of Cuyahoga Coun- 54" West along the northerly line of Penstan which is authorized in this ty Records. All iron pins set are 5/8- land so conveyed to The New York, ordinance, notwithstanding and as inch diameter x 30-inches in length Chicago and St. Louis Railroad Com- an exception to the provisions of iron rebar with a plastic identifica- pany, a distance of 69.19 feet to an Chapters 181 and 183 of the Codified tion cap stamped “McSTEEN 7104”. iron pin set; Ordinances of Cleveland, Ohio, 1976, Said parcel is also known as being Course No. 3: thence North 00° 15' it is found and determined that the Parcel “A” in the Lot Split for 9203 50" West, a distance of 229.93 feet following described property is no Detroit Avenue N. W., recorded in to an iron pin set; longer needed for public use: Volume __ of Maps, Page __ of Cuya- Course No. 4: thence North 89° 40' hoga County Records. 48" East, a distance of 35.00 feet to Parcel “A” Section 10. That, notwithstanding an iron pin set; Detroit Avenue N.W., Cleveland any codified ordinance to the conr- Course No. 5: thence North 00° Situated in the City of Cleveland, trary, and under the terms of the 15'50" West and passing through an County of Cuyahoga and State of agreement relating to the eventual iron pin set on the southeasterly Ohio, and known as being part of sale of the leased property to Pen- line of Detroit Avenue N. W. at Original Brooklyn Township Lot No. stan which is authorized in this 286.24 feet, a total distance of 319.44 12, further known as being part of ordinance, by and at the direction of feet to a point on the centerline of those premises conveyed to The City the Board of Control, the Commis- Detroit Avenue N. W.; of Cleveland Land Reutilization Pro- sioner of Purchases and Supplies is Course No. 6: thence North 83° 26' gram 04 by deed dated November 12, authorized to sell the above- 00" East along the centerline of 2004 and recorded in AFN described property to Penstan at a Detroit Avenue N. W., a distance of 200411150263 of Cuyahoga County price of $1.00 and other valuable 33.40 feet to the true place of begin- Records, said parcel being more par- considerations, which is determined ning, said parcel containing 26,746 ticularly bounded and described as to be fair market value. square feet (0.6140 acres) of land follows: Section 11. That the conveyance more or less, as surveyed in March Commencing for Reference at a shall be made by official deed to be of 2008 by Joseph F. Charlson, Reg- stone monument found at the inter- prepared by the Director of law and istered Professional Surveyor No. section of the centerline of Detroit executed by the Mayor on behalf of 8003 for and on behalf of McSteen & Avenue N. W., 66 feet wide, and the the City of Cleveland. The deed Associates, Inc. under project No. 07- easterly line of Original Brooklyn shall contain provisions, including 296 and being subject to all legal Township Lot No. 12; Thence South such restrictive covenants and rever- highways and easements of record. 83° 26' 00" West along the center- sionary interests as may be speci- The basis of bearings for this line of Detroit Avenue N. W., a dis- fied by the Board of Control or legal description is North 83° 26 00" tance of 723.31 feet to the true place Director of Law, protecting the par- East as the centerline of Detroit of beginning of the parcel herein ties as their respective interests Avenue N. W., as evidenced by mon- described; require and shall specifically con- uments found, and is the same bear- Course No. 1: thence South 00° 15' tain a provision against the erection ing as found in the Quit-Claim Deed 50" East and passing through an of any advertising signs or bill- from Vincent J. Menier to Menier & iron pin set on the southeasterly boards except permitted identifica- Associates, Inc. recorded in Volume line of Detroit Avenue N. W. at 33.20 tion signs. 92-11935, Page 45 of Cuyahoga Coun- feet, a total distance of 564.77 feet Section 12. That the Mayor, the ty Records. All iron pins set are 5/8- to a point on the northerly line of Director of Economic Development, inch diameter x 30-inches in length land conveyed to The New York, the Director of Law, and other iron rebar with a plastic identifica- Chicago and St. Louis Railroad Com- appropriate City officials are autho- tion cap stamped “McSTEEN 7104”. pany by deed dated October 18, 1917 rized to execute any certifications Said parcel is also known as being and recorded in Volume 2053, Page and documents, and take other Parcel “A” in the Lot Split for 9203 120 of Cuyahoga County Records, actions that may be necessary or Detroit Avenue N. W., recorded in said point being witnessed by a 5/8- appropriate in connection with car- Volume of Maps, Page of Cuyahoga inch iron pin found distant South rying out the terms of the agree- County Records. 09° 30' 44" West, 2.62 feet therefrom; ment. Section 4. That the term of the Course No. 2: thence North 80° 31' Section 13. That this ordinance is lease with option to purchase, autho- 54" West along the northerly line of declared to be an emergency mea- rized by this ordinance shall not land so conveyed to The New York, sure and, provided it receives the exceed five years, with two five- Chicago and St. Louis Railroad Com- affirmative vote of two-thirds of all year options to renew, exercisable pany, a distance of 69.19 feet to an the members elected to Council, it by the Director of Economic Devel- iron pin set; shall take effect and be in force opment. Course No. 3: thence North 00° 15' immediately upon its passage and Section 5. That, notwithstanding 50" West, a distance of 229.93 feet approval by the Mayor; otherwise it any codified ordinance to the con- to an iron pin set; shall take effect and be in force trary, the property described above Course No. 4: thence North 89° 40' from and after the earliest period shall be leased at a price of $1.00 48" East, a distance of 35.00 feet to allowed by law. and other valuable considerations an iron pin set; Passed June 9, 2008. for a period not to exceed five years, Course No. 5: thence North 00° 15’ Effective June 16, 2008. with two five-year options to renew, 50" West and passing through an exercisable by the Director of Eco- iron pin set on the southeasterly nomic Development. line of Detroit Avenue N. W. at Section 6. That the lease with 286.24 feet, a total distance of 319.44 Ord. No. 701-08. option to purchase may authorize feet to a point on the centerline of By Council Member Cleveland. Penstan to make improvements to Detroit Avenue N. W.; An emergency ordinance authoriz- the leased premises subject to the Course No. 6: thence North 83° 26 ing the sale of real property as part approval of appropriate City agen- 00" East along the centerline of of the Land Reutilization Program cies and officials. Detroit Avenue N. W., a distance of and located on Euclid Avenue to Section 7. That the lease with 33.40 feet to the true place of begin- Midtown Cleveland, Inc.; and autho- option to purchase shall be prepared ning, said parcel containing 26,746 rizing the Director of Economic by the Director of Law and shall square feet (0.6140 acres) of land Development to enter into a Devel- contain any terms and conditions as more or less, as surveyed in March opment Agreement with Midtown are required to protect the interests of 2008 by Joseph F. Charlson, Reg- Cleveland, Inc. of the City. istered Professional Surveyor No. Whereas, the City of Cleveland Section 8. That the Director of 8003 for and on behalf of McSteen & has elected to adopt and implement Economic Development, the Director Associates, Inc. under project No. 07- the procedures under Chapter 5722 of Law, and other appropriate City 296 and being subject to all legal of the Ohio Revised Code to facili- officials are authorized to execute highways and easements of record. tate reutilization of nonproductive any other documents and certifi- The basis of bearings for this lands situated within the City of cates, and take any other actions legal description is North 83° 26' 00" Cleveland; and which may be necessary or appro- East as the centerline of Detroit Whereas, real property acquired priate to effect the lease with option Avenue N. W., as evidenced by mon- under the City’s Land Reutilization to purchase authorized by this ordi- uments found, and is the same bear- Program is acquired, held, adminis- nance. ing as found in the Quit-Claim Deed tered and disposed by the City of Section 9. That, under the terms of from Vincent J. Menier to Menier & Cleveland through its Department of the agreement relating to the even- Associates, Inc. recorded in Volume Community Development under the 1277 52 The City Record June 18, 2008 terms of Chapter 5722 of the Ohio feet to the Easterly line of said the affirmative vote of two-thirds of Revised Code and Section 183.021 of Sublot No. 1; thence Southerly along all the members elected to Council, Codified Ordinances of the City of the Easterly line of said Sublot No. it shall take effect and be in force Cleveland, 1976; and 1, 200 feet to the place of beginning. immediately upon its passage and Whereas, as a condition to the Exception therefrom that part con- approval by the Mayor; otherwise it transfer of the real property identi- veyed to Hans Pape and Margo shall take effect and be in force fied below to Midtown Cleveland, Pape by deed dated October 10, 1966 from and after the earliest period Inc., the Director of Economic and recorded in Volume 11865, Page allowed by law. Development is seeking authoriza- 149 of Cuyahoga County Records. Passed June 9, 2008. tion to enter into a Development Effective June 16, 2008. Agreement with Midtown Cleveland, P. P. No. 118-04-018 Inc., to ensure the repayment of an Situated in the City of Cleveland, outstanding Empowerment Zone County of Cuyahoga and State of loan; and Ohio, and known as being part of Ord. No. 702-08. Whereas, this ordinance consti- Sublot No. 1 in the Southern and By Council Members Lewis and tutes an emergency measure provid- Adams Subdivision of part of Origi- Sweeney (by departmental request). ing for the usual daily operation of nal One Hundred Acre Lot No. 337, An emergency ordinance authoriz- a municipal department; now, there- as shown by the recorded plat in ing the Director of Personnel and fore, Volume 5 of Maps, Page 4 of Cuya- Human Resources to employ one or Be it ordained by the Council of hoga County Records, and bounded more consultants or one or more the City of Cleveland: and described as follows: firms of consultants to provide pro- Section 1. That under Section Beginning in the Northerly line of fessional services for pre-employ- 183.021 of the Codified Ordinances of Euclid Avenue at the Southeasterly ment background and criminal Cleveland, Ohio 1976, the Commis- corner of a parcel of land conveyed checks for the Department of Per- sioner of Purchases and Supplies is to Eva M. Kelley by deed dated Sep- sonnel and Human Resources for a authorized to sell the real property, tember 4, 1876 and recorded in Vol- one year period. more fully described below, to Mid- ume 262, Page 268 of Cuyahoga Whereas, this ordinance consti- town Cleveland, Inc. County Records; thence Westerly tutes an emergency measure provid- Section 2. That the real property along said Northerly line of Euclid ing for the usual daily operation of to be sold pursuant to this ordinance Avenue, 60.05 feet to the intersection a municipal department; now, there- is more fully described as follows: of said Northerly line of Euclid fore, Avenue with the Easterly line of Be it ordained by the Council of P. P. No. 118-04-016 East 59th Street, (formerly Olilve the City of Cleveland: Situated in the City of Cleveland, Avenue), 49 feet wide; thence Section 1. That the Director of Per- County of Cuyahoga and State of Northerly along said Easterly line sonnel and Human Resources is Ohio, and known as being part of of East 59th Street, 99.50 feet; thence authorized to employ by contract or Original One Hundred Acre Lot No. Easterly along a line parallel with contracts one or more consultants or 337 and bounded and described as the Northerly line of said land con- one or more firms of consultants for follows: veyed to Eva M. Kelley, 60 feet to the purpose of supplementing the Beginning at the intersection of the Easterly line of said land con- regularly employed staff of the sev- the Northerly line of Euclid Avenue, veyed to Eva M. Kelley; thence eral departments of the City of (80 feet wide), with the Westerly Southerly along said Easterly line Cleveland in order to provide profes- line of East 61st Street (44 feet of land conveyed to Eva M. Kelley, sional services necessary to adminis- wide); thence Northerly along the 97.06 feet to the place of beginning. ter pre-employment background and Westerly line of East 61st Street, 200 Section 3. That all documents nec- criminal records checks; and includ- feet to a point; thence Westerly at essary to complete the conveyance ing but not limited to automated right angles to the Westerly line of authorized by this ordinance shall national wanted felon checks; auto- East 61st Street, 109 91/100 feet to be executed within six (6) months mated motor vehicle license and the Westerly line of land conveyed of the effective date of this ordi- points checks; automated workers’ to Case School of Applied Science by nance. If all of the documents are compensation checks; automated deed dated December 15, 1909 and not executed within six (6) months social security traces and automated recorded in Volume 1265, Page 204 of the effective date of this ordi- credit checks for the Department of of Cuyahoga County Records; thence nance, or such additional time as Personnel and Human Resources, for Southerly along the Westerly line of may be granted by the Director of a one year period. land so conveyed to Case Community Development, this ordi- The selection of the consultants School of Applied Science, 202 nance shall be repealed and shall be for the services shall be made by 90/100 feet to the Northerly line of of no further force or effect. the Board of Control on the nomi- Euclid Avenue; thence Easterly Section 4. That the consideration nation of the Director of Personnel along the Northerly line of Euclid for the subject parcel shall be estab- and Human Resources from a list of Avenue, 95 13/100 feet to an angle lished by the Board of Control and qualified consultants available for therein; thence Easterly continuing shall be not less than Fair Market employment as may be determined along said Northerly line, 14 88/100 Value taking into account such after a full and complete canvass by feet to the place of beginning terms and conditions, restrictions the Director of Personnel and and covenants as are deemed nec- Human Resources for the purpose of P. P. No. 118-04-017 essary or appropriate. compiling a list. The compensation Situated in the City of Cleveland, Section 5. That the conveyance to be paid for the services shall be County of Cuyahoga and State of authorized hereby shall be made by fixed by the Board of Control. The Ohio, and known as being part of official deed prepared by the Direc- contract or contracts authorized Original One Hundred Acre Lot No. tor of Law and executed by the shall be prepared by the Director of 337 and bounded and described as Mayor on behalf of the City of Law, approved by the Director of follows: Cleveland. The deed shall contain Personnel and Human Resources, Beginning on the Northerly line of such provisions as may be necessary and certified by the Director of Euclid Avenue, 80 feet wide, at the to protect and benefit the public Finance. Southeasterly corner of Sublot No. 1 interest including such restrictive Section 2. That the costs of the in Southern and Adams Subdivision covenants and reversionary inter- contract or contracts authorized , as shown by the recorded plat in ests as may be specified by the shall be paid from Fund No. 01- Volume 5 of Maps, Page 4 of Cuya- Board of Control, the Director of 040200-632000, Request No. 162029. hoga County Records; thence East- Community Development or the Section 3. That this ordinance is erly along the Northerly line of Director of Law. declared to be an emergency mea- Euclid Avenue, 98.96 feet to the Section 6. That the Director of sure and, provided it receives the Southeasterly corner of land con- Economic Development is autho- affirmative vote of two-thirds of all veyed to the Cleveland Trust Com- rized as a condition to the transfer the members elected to Council, it pany by deeded dated March 19, 1931 of said property, to enter into a shall take effect and be in force and recorded in Volume 4130, Page Development Agreement with Mid- immediately upon its passage and 293 of Cuyahoga County Records; town Cleveland, Inc., to ensure the approval by the Mayor; otherwise it thence Northerly along the Easterly repayment of an outstanding shall take effect and be in force line of land so conveyed, 200 feet to Empowerment Zone loan. from and after the earliest period the Northeasterly corner thereof; Section 7. That this ordinance is allowed by law. thence Westerly along the Norther- hereby declared to be an emergency Passed June 9, 2008. ly line of land so conveyed, 98.96 measure and, provided it receives Effective June 16, 2008. 1278 June 18, 2008 The City Record 53

Ord. No. 703-08. By Council Member Cimperman. An ordinance to change the Use District of land located on the southeast corner of East 55th Street and Saint Clair Avenue, shown shaded on the attached map, from General Retail Business to Residence Office District. (Map Change Number 2264, Sheet No. 4). Be it ordained by the Council of the City of Cleveland: Section 1. That the Use District of lands bounded and described as follows: Beginning in the centerline of Saint Clair Avenue at it intersection with the centerline of East 55th Street; Thence southerly along said centerline of East 55th Street to its intersection with the westerly prolongation of the southerly line of a parcel of land conveyed to BP Exploration and Oil Inc. by deed dated November 17, 1997 and recorded in Auditor’s File Number V97118490045 and known as Cuyahoga County’s Permanent Parcel Number 104-12-002; Thence easterly and northeasterly along said prolongation and southerly line and continuing along its north- easterly prolongation to its intersection with the centerline of East 58th Street; Thence northwesterly along said centerline of East 58th Street to its intersection with the centerline of Saint Clair Avenue; Thence southwesterly along said centerline of Saint Clair Avenue to its intersection with the centerline of East 55th Street and the principal place of beginning; and as shaded on the attached map is changed to a Residence Office District. Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No. 2264, Sheet No. 4 and shall be made upon the Building Zone Maps of the City of Cleveland on file in the office of the Clerk of Council and on file in the office of the City Planning Commission by the appropriate person des- ignated for this purpose by the City Planning Commission. Section 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.

Passed June 9, 2008. Effective July 19, 2008. 1279 54 The City Record June 18, 2008

Ord. No. 705-08. Cleveland, Ohio 1976, the Commis- ning would intersection said paral- By Council Member Cleveland. sioner of Purchases and Supplies is lel lines; thence Westerly to the An emergency ordinance authoriz- authorized to sell the real property, place of beginning, be the same ing the sale of real property as part more fully described below, to more or less, but subject to all legal of the Land Reutilization Program Elabed, LLC. highways. and located on East 49th and 55th Section 4. That the real property Subject to zoning ordinances, if Streets to Elabed, LLC. to be sold pursuant to this Ordi- any. Whereas, the City of Cleveland nance is more fully described as fol- Section 7. That under Section adopted and implemented proce- lows: 183.021 of the Codified Ordinances of dures under Chapter 5722 of the Cleveland, Ohio 1976, the Commis- Ohio Revised Code to facilitate P. P. No. 103-24-065 sioner of Purchases and Supplies is reutilization of nonproductive lands Situated in the City of Cleveland, authorized to sell the real property, situated within the City of Cleve- County of Cuyahoga and State of more fully described below, to land; and Ohio and known as being part of Elabed, LLC. Whereas, real property acquired Sublot Nos. 13 and 33 in W. J. Gor- Section 8. That the real property under the City’s Land Reutilization don’s Allotment of part of Original to be sold pursuant to this Ordi- Program is acquired, held, adminis- Ten Acre Lot Nos. 71, 72 and 73 as nance is more fully described as fol- tered and disposed of by the City of shown by the recorded plat of said lows: Cleveland through its Department of Allotment in Volume 5 of Maps, Community Development under the Page 57 of Cuyahoga County P. P. No. 103-24-068 terms of Chapter 5722 of the Ohio Records and together forming a par- Situated in the City of Cleveland, Revised Code and Section 183.021 of cel of land bounded and described County of Cuyahoga and State of Codified Ordinances of the City of as follows: Ohio: And known as being Sublot Cleveland, 1976; and Beginning on the Easterly line of Nos. 11, 12 and 33 in William J. Gor- Whereas, this ordinance consti- East 49th Street, (formerly Arling- don’s Subdivision of part of Original tutes an emergency measure provid- ton Street) at a point 189 feet Ten Acre Lot Nos. 71, 72, and 73 as ing for the usual daily operation of Northerly from its point of intersec- shown by the recorded plat in Vol- a municipal department; now, there- tion with the Northerly line of Cen- ume 5 of Maps, Page 57 of Cuyahoga fore, tral Avenue, S.E., (formerly Garden County Records; and together form- Be it ordained by the Council of Street); thence Northerly along said ing a parcel of land bounded and the City of Cleveland: Easterly line of East 49th Street, 42 described as follows: Section 1. That under Section 1/2 feet; thence Easterly on a line Beginning on the Easterly line of 183.021 of the Codified Ordinances of at right angles with said Easterly East 49th Street (formerly Arlington Cleveland, Ohio 1976, the Commis- line of East 49th Street to a point Street) at a point 231.50 feet sioner of Purchases and Supplies is 140 feet Westerly from the Wester- Southerly from the dividing line authorized to sell the real property, ly line of East 55th Street (former- between Sublot Nos. 32 and 33 in more fully described below, to ly Wilson Avenue); thence Souther- said Gordon’s Subdivision; thence Elabed, LLC. ly on a line parallel to the Wester- Northerly along said Easterly line Section 2. That the real property ly line of East 55th Street to its of East 49th Street about 78.50 feet to be sold pursuant to Section 1 of point of intersection with a line to a point 150 feet West of the West- this Ordinance is more fully drawn Easterly at right angles with erly line of East 55th Street, (for- described as follows: said Easterly line of East 49th merly Wilson Avenue); thence Street from the place of beginning; Southerly on a line parallel with the P. P. No. 103-24-064 thence Westerly to the place of Westerly line of East 55th Street Situated in the City of Cleveland, beginning, as appears by said plat, and 150 feet distant therefrom about County of Cuyahoga and State of be the same more or less, but sub- 43 feet to its point of intersection Ohio, and known as being part of ject to all legal highways. with a line drawn Easterly from the Sublot Nos. 13, 14, and 33 in William Subject to zoning ordinances, if place of beginning at right angles J. Gordon’s Allotment of part of any. to the Westerly line of East 49th Original Ten Acre Lot Nos. 71, 72 Section 5. That under Section Street, about 73 feet to the place of and 73, as shown by the recorded 183.021 of the Codified Ordinances of beginning, be the same more or less plat of said Allotment in Volume 5 Cleveland, Ohio 1976, the Commis- but subject to all legal highways. of Maps, Page 57 of Cuyahoga Coun- sioner of Purchases and Supplies is Subject to Zoning Ordinances, if ty Records, and bounded and authorized to sell the real property, any. described as follows: more fully described below, to Section 9. That under Section Beginning in the Easterly line of Elabed, LLC. 183.021 of the Codified Ordinances of East 49th Street (formerly Arlington Section 6. That the real property Cleveland, Ohio 1976, the Commis- Street), at a point 146 58/100 feet to be sold pursuant to this Ordi- sioner of Purchases and Supplies is Northerly, measured along said nance is more fully described as fol- authorized to sell the real property, Easterly line of East 49th Street lows: more fully described below, to form its intersection with the North- erly line of Central Avenue S.E., P. P. No. 103-24-067 Elabed, LLC. (formerly Garden Street); thence Situated in the City of Cleveland, Section 10. That the real property Northerly along said Easterly line County of Cuyahoga and State of to be sold pursuant to this Ordi- of East 49th Street, 42 feet 6 inches Ohio and known as being part of nance is more fully described as fol- to a point; thence Easterly at right Sublot Nos. 12 and 33 in William J. lows: angles to said Easterly line of East Gordon’s Allotment of part of Origi- 49th Street, to a. point which is 140 nal Ten Acre Lot Nos. 71, 72 and 73, P. P. No. 103-24-069 feet Westerly measured on a line as shown by the recorded plat of Situated in the City of Cleveland, drawn at right angles to the West- said Allotment in Volume 5, Page 57 County of Cuyahoga and State of erly line of East 55th Street (for- of Cuyahoga County Records, said Ohio, and known as being a part of merly Willson Avenue); thence part of Sublot Nos. 12 and 33 togeth- Sublot Nos. 11 and 33 in William J. Southerly parallel with said West- er forming a parcel of land bound- Gordon’s Subdivision of parts of erly line of East 55th Street, to a ed and described as follows: Original Ten Acre Lot Nos. 71, 72 point in the Northerly line of land Beginning in the Easterly line of and 73 in said City according to the conveyed by W.W. Canton and Eva East 49th Street, (formerly Arling- plat of said Subdivision recorded in P. Canton, his wife, to Jane E. ton Street), 274 feet Southerly from Volume 5 of Maps, Page 57 of Cuya- Hunter by deed recorded in Volume the Northwesterly corner of said hoga County Records, and bounded 3015, Page 32 of Cuyahoga County Sublot No. 33; thence Northerly along and described as follows: Record,; thence Westerly along the the Easterly line of East 49th Street, Beginning at a point in the East- Northerly line of land so conveyed 42 1/2 feet; thence Easterly along a erly line of Arlington Street, 189 feet to Jane E. Hunter as aforesaid, to line drawn at right angles to the Southerly from the dividing line the place of beginning, as appears Easterly line of East 49th Street, to between Sublot Nos. 32 and 33 in by said plat, be the same more or a point in said line, 150 feet West- said Subdivision; thence Northerly less, but subject to all legal high- erly from the Westerly line of East along said Easterly line of Arling- ways. 55th Street, (formerly Wilson Road); ton Street 45 feet; thence Easterly at Restrictions of record & zoning thence Southerly parallel with the right angles to the Easterly line of ordinances if any. Westerly line of East 55th Street, to Arlington Street to a point 170 West Section 3. That under Section a point where a line drawn at a from the West line of Willson 183.021 of the Codified Ordinances of right angle from the point of begin- Avenue; thence South parallel with 1280 June 18, 2008 The City Record 55 the West line of Willson Avenue, to nance is more fully described as fol- Subdivision of part of Original Ten a point 55 feet South from the South lows: Acre Lots Nos. 71, 72 and 73 and is line of Sublot No. 10; thence East bounded and described as follows: parallel to the South line of Sublot P. P. No. 103-24-082 Beginning at a point on the West No. 10 and 55 feet distant therefrom Situated in the City of Cleveland, line of East 55th Street (formerly 20 feet; thence South parallel with County of Cuyahoga and the State Willson Avenue), 38 feet South from the West line of Willson Avenue of Ohio: And known as being part the intersection of the division line and 150 feet distant therefrom far of Sublot No. 12 in the W.J. Gordon’s between Sublot No. 12 and 13 with enough so that a line drawn at right Allotment of a part Original Ten the West line of said East 55th angles to the Easterly line of Acre Lot Nos. 71, 72 and 73, as Street, formerly said Avenue; thence Arlington Street from the point of shown by the recorded plat of said running South along said West line beginning will intersection the allotment in Volume 5 of Maps, of said East 55th Street 45 feet; same; thence West at right angles Page 57 of Cuyahoga County thence West on a line at right to the Easterly line of Arlington Records and bounded and described angles with said East 55th Street Street to the place of beginning, be as follows: 140 feet; thence North on a line the same more or less, but subject Beginning on the West line of drawn parallel with said East 55th to all legal highways. East 55th Street (formerly Wilson Street 45 feet; thence East on a line Also subject to zoning ordinances. Avenue) at its intersection with the at right angles with said East 55th Section 11. That under Section line between Sublot Nos. 11 and 12; Street 140 feet to the place of begin- 183.021 of the Codified Ordinances of thence South along the West line of ning, being 45 feet front on the Cleveland, Ohio 1976, the Commis- East 55th Street 50 feet; thence West West line of East 55th Street and sioner of Purchases and Supplies is at right angles to East 55th Street, extending back between parallel authorized to sell the real property, 150 feet; thence North parallel to lines 140 feet, be the same more or more fully described below, to East 55th Street, 50 feet; thence East less, but subject to all legal high- Elabed, LLC. on the line between Sublot Nos. 11 ways. Section 12. That the real property and 13, 150 feet to the place of Also subject to all zoning ordi- to be sold pursuant to this Ordi- beginning. nances, if any. nance is more fully described as fol- Section 15. That under Section Section 19. That all documents lows: 183.021 of the Codified Ordinances of necessary to complete the con- Cleveland, Ohio 1976, the Commis- veyance authorized by this ordi- P. P. No. 103-24-070 sioner of Purchases and Supplies is nance shall be executed within six Situated in the City of Cleveland, authorized to sell the real property, (6) months of the effective date of County of Cuyahoga and State of more fully described below, to this ordinance. If all of the docu- Ohio and known as being part of Elabed, LLC. ments are not executed within six Sublots Nos. 33 and 11 in William J. Section 16. That the real property (6) months of the effective date of Gordon’s Subdivision of part of Orig- to be sold pursuant to this Ordi- this ordinance, or such additional inal Ten Acre Lot Nos. 71, 72 and 73 nance is more fully described as fol- time as may be granted by the as shown by the recorded plat in lows: Director of Community Develop- Volume 5, Page 57 of Cuyahoga ment, this ordinance shall be County Map Records and bounded P. P. No. 103-24-083 repealed and shall be of no further and described as follows: Situated in the City of Cleveland, force or effect. Beginning at a point in the East- County of Cuyahoga and State of Section 20. That the consideration erly line of East 49th Street (for- Ohio, and known as being part of for the subject parcel shall be estab- Sublot No. 12 in W. J. Gordon’s Allot- merly Arlington Street) 99 feet one lished by the Board of Control and ment of a part of Original Ten Acre inch Southerly from the point where shall be not less than Fair Market Lot Nos. 71, 72 and 73 as shown by the dividing line between Sublot Value taking into account such the recorded plat in Volume 5 of Nos. 32 and 33 intersect said East- terms and conditions, restrictions Maps, Page 57 of Cuyahoga County erly line of East 49th Street (for- and covenants as are deemed nec- Records and bounded and described merly Arlington Street); thence essary or appropriate. as follows: Southerly about 45 feet along the Section 21. That the conveyance Beginning in the Westerly line of Easterly line of East 49th Street authorized hereby shall be made by Willson Avenue (now known as (formerly Arlington Street) to the official deed prepared by the Direc- East 55th Street) at a point 50 feet Northwesterly corner of land con- South from its intersection with the tor of Law and executed by the veyed to Edward and Hanna Stokes Northerly line of said Sublot; thence Mayor on behalf of the City of by deed dated September 7, 1916 and running Southerly along said West- Cleveland. The deed shall contain recorded in Volume 1851, Page 299 erly line of Willson Avenue (now such provisions as may be necessary of Cuyahoga County Records; thence known as East 55th Street) 43 feet; to protect and benefit the public Easterly at right angles with the thence West parallel with the interest including such restrictive Easterly line of East 49th Street Northerly line of said Sublot and at covenants and reversionary inter- (formerly Arlington Street) about 65 right angles with Willson Avenue ests as may be specified by the feet 1 1/2 inches to a point in a line (now known as East 55th Street) Board of Control, the Director of drawn parallel with the Westerly 150 feet; thence Northerly parallel Community Development or the line of Willson Avenue (now East with Willson Avenue (now known Director of Law. 55th Street) and 170 feet West there- as East 55th Street) 43 feet; thence Section 22. That this ordinance is from; thence North and parallel with East parallel with the Northerly line hereby declared to be an emergency the Westerly line of Willson Avenue of said Sublot, 150 feet to the place measure and, provided it receives to the Southerly line of Sublot No. of beginning, be the same more or the affirmative vote of two-thirds of 10; thence Westerly 30 feet along less, but subject to all legal high- all the members elected to Council, the Southerly line of said Sublot No. ways. it shall take effect and be in force 10 to the Southwest corner of said Subject to Zoning Ordinances, if immediately upon its passage and Sublot No. 10; thence Westerly at any. approval by the Mayor; otherwise it right angles with the Easterly line Section 17. That under Section shall take effect and be in force of East 49th Street (formerly Arling- 183.021 of the Codified Ordinances of from and after the earliest period ton Street) about 41 feet 2 1/2 inch- Cleveland, Ohio 1976, the Commis- allowed by law. es to the place of beginning, be the sioner of Purchases and Supplies is Passed June 9, 2008. same more or less, but subject to all authorized to sell the real property, Effective June 16, 2008. legal highways. more fully described below, to Also subject to zoning ordinances, Elabed, LLC. if any. Section 18. That the real property Section 13. That under Section to be sold pursuant to this Ordi- Ord. No. 706-08. 183.021 of the Codified Ordinances of nance is more fully described as fol- By Council Member Westbrook. Cleveland, Ohio 1976, the Commis- lows: An emergency ordinance authoriz- sioner of Purchases and Supplies is ing the sale of real property as part authorized to sell the real property, P. P. No. 103-24-085 of the Land Reutilization Program more fully described below, to Situated in the City of Cleveland, and located on West 97th Street to Elabed, LLC. County of Cuyahoga and State of Adrian Halcomb. Section 14. That the real property Ohio, and known as being part of Whereas, the City of Cleveland to be sold pursuant to this Ordi- Sublot No. 13 of William J Gordon’s has elected to adopt and implement 1281 56 The City Record June 18, 2008 the procedures under Chapter 5722 it shall take effect and be in force son is wearing all of the available of the Ohio Revised Code to facili- immediately upon its passage and elements of a properly adjusted oc- tate reutilization of nonproductive approval by the Mayor; otherwise it cupant restraining device, or oper- lands situated within the City of shall take effect and be in force ate a school bus that has an occu- Cleveland; and from and after the earliest period pant restraining device installed for Whereas, real property acquired allowed by law. use in its operator’s seat unless he under the City’s Land Reutilization Passed June 9, 2008. is wearing all of the available ele- Program is acquired, held, adminis- Effective June 16, 2008. ments of the device, as properly tered and disposed by the City of adjusted; Cleveland through its Department of (2) Operate an automobile on any Community Development under the street or highway unless each pas- terms of Chapter 5722 of the Ohio Ord. No. 732-08. senger in the automobile who is sub- Revised Code and Section 183.021 of By Council Members Conwell, Cleve- ject to the requirement set forth in Codified Ordinances of the City of land and Sweeney (by departmental division (b)(3) of this section is Cleveland, 1976; and request). wearing all of the available ele- Whereas, this ordinance consti- An emergency ordinance to amend ments of a properly adjusted occu- tutes an emergency measure provid- Section 437.27 of the Codified Ordi- pant restraining device; ing for the usual daily operation of nances of Cleveland, Ohio, 1976, as (3) Occupy, as a passenger, a seat- a municipal department; now, there- amended by Ord. No. 91-96, passed ing position on the front seat of an fore, March 18, 1996, relating to drivers automobile being operated on any Be it ordained by the Council of and passengers required to wear street or highway unless that per- the City of Cleveland: seat belts; penalty. son is wearing all of the available Section 1. That under Section Whereas, this ordinance consti- elements of a properly adjusted 183.021 of the Codified Ordinances of tutes an emergency measure provid- occupant restraining device; Cleveland, Ohio 1976, the Commis- ing for the usual daily operation of (4) Operate a taxicab on any sioner of Purchases and Supplies is a municipal department; now, there- street or highway unless all facto- authorized to sell the real property, fore, ry-equipped occupant restraining more fully described below, to Adri- Be it ordained by the Council of devices in the taxicab are main- an Halcomb. the City of Cleveland: tained in usable form. Section 2. That the real property Section 1. That Section 437.27 of (c) Division (b)(3) of this section to be sold pursuant to this ordinance the Codified Ordinances of Cleve- does not apply to a person who is is more fully described as follows: land, Ohio, 1976, as amended by required by Section 437.26 to be Ordinance No. 91-96, passed March secured in a child restraint device. P. P. No. 017-24-052 18, 1996, is amended to read as fol- Division (b)(1) of this section does Situated in the City of Cleveland, lows: not apply to a person who is an County of Cuyahoga and State of employee of the United States Postal Ohio and known as being Sublot No. Section 437.27 Drivers and Pas- Service or of a newspaper home 45 in H. C. Ford’s Subdivision of a sengers Required to Wear Seat delivery service, during any period part of Original Brooklyn Township Belts; Penalty in which the person is engaged in Lot No. 14, as shown by the record- (a) As used in this section: the operation of an automobile to ed plat in Volume 22 of Maps, Page (1) “Automobile” means any com- deliver mail or newspapers to 14 of Cuyahoga County Records, and mercial tractor, passenger car, com- addresses. Divisions (b)(1) and (3) being 40 feet front on the Easterly mercial car or truck that is required of this section do not apply to a per- side of West 97th Street, and extend- to be factory-equipped with an occu- son who has an affidavit signed by ing back 124.85 feet on the Norther- pant restraining device for the oper- a physician licensed to practice in ly line, 125.01 feet on the Southerly ator or any passenger by regula- this State under RC Chapter 4731 or line, and having a rear line of 40 tions adopted by the United States a chiropractor licensed to practice in feet, as appears by said plat, be the Secretary of Transportation pur- this State under RC Chapter 4734 same more or less, but subject to all suant to the “National Traffic and that states that the person has a legal highways. Motor Vehicle Safety Act of 1966,” 80 physical impairment that makes use Section 3. That all documents nec- Stat. 719, 15 U.S.C.A. 1392. of an occupant restraining device essary to complete the conveyance (2) “Occupant restraining device” impossible or impractical. authorized by this ordinance shall means a seat safety belt, shoulder (d) Notwithstanding any provision be executed within six (6) months belt, harness or other safety device of law to the contrary, no law of the effective date of this ordi- for restraining a person who is an enforcement officer shall cause an nance. If all of the documents are operator of or passenger in an auto- operator of an automobile being not executed within six (6) months mobile and that satisfies the mini- operated on any street or highway of the effective date of this ordi- mum Federal vehicle safety stan- to stop the automobile for the sole nance, or such additional time as dards established by the United purpose of determining whether a may be granted by the Director of States Department of Transporta- violation of division (b) of this sec- Community Development, this ordi- tion. tion has been or is being committed nance shall be repealed and shall be (3) “Passenger” means any person or for the sole purpose of issuing a of no further force or effect. in an automobile, other than its ticket, citation or summons for such Section 4. That the consideration operator, who is occupying a seat- a violation or for causing the arrest for the subject parcel shall be estab- ing position for which an occupant of or commencing a prosecution of lished by the Board of Control and restraining device is provided. a person for such violation, and no shall be not less than Fair Market (4) “Commercial tractor,” “passen- law enforcement officer shall view Value taking into account such ger car,” and “commercial car” have the interior or visually inspect any terms and conditions, restrictions the same meanings as provided in automobile being operated on any and covenants as are deemed nec- RC 4501.01. street or highway for the sole pur- essary or appropriate. (5) “Vehicle” and “motor vehicle,” pose of determining whether such a Section 5. That the conveyance as used in the definition of the violation has been or is being com- authorized hereby shall be made by terms set forth in division (a)(4) of mitted. official deed prepared by the Direc- this section, have the same mean- (e) All fines collected for viola- tor of Law and executed by the ings as provided in Chapter 401. tions of division (b) of this section Mayor on behalf of the City of (6) “Tort action” means a civil shall be forwarded to the Treasurer Cleveland. The deed shall contain action for damages for injury, death, of State for deposit in accordance such provisions as may be necessary or loss to person or property. “Tort with division (E) of Section 4513.263 to protect and benefit the public action” includes a product liability of the Revised Code. interest including such restrictive claim, as defined in Section 2307.71 (f) (1) Subject to division (F)(2) covenants and reversionary inter- of the Revised Code, and an as- of this section, the failure of a per- ests as may be specified by the bestos claim, as defined in Section son to wear all of the available ele- Board of Control, the Director of 2307.91 of the Revised Code, but does ments of a properly adjusted occu- Community Development or the not include a civil action for dam- pant restraining device in violation Director of Law. ages for breach of contract or of division (B)(1) or (3) of this sec- Section 6. That this ordinance is another agreement between persons. tion or the failure of a person to hereby declared to be an emergency (b) No person shall do any of the ensure that each minor who is a pas- measure and, provided it receives following: senger of an automobile being oper- the affirmative vote of two-thirds of (1) Operate an automobile on any ated by that person is wearing all all the members elected to Council, street or highway unless that per- of the available elements of a prop- 1282 June 18, 2008 The City Record 57 erly adjusted occupant restraining approval by the Mayor; otherwise it Section 4. That this ordinance is device in violation of division shall take effect and be in force declared to be an emergency mea- (B)(2) of this section shall not be from and after the earliest period sure and, provided it receives the considered or used by the trier of allowed by law. affirmative vote of two-thirds of all fact in a tort action as evidence of Passed June 9, 2008. the members elected to Council, it negligence or contributory negli- Effective June 9, 2008. shall take effect and be in force gence. But, the trier of fact may immediately upon its passage and determine based on evidence admit- approval by the Mayor; otherwise it ted consistent with the Ohio Rules shall take effect and be in force of Evidence that the failure con- Ord. No. 734-08. from and after the earliest period tributed to the harm alleged in the By Council Members Zone and allowed by law. tort action and may diminish a Sweeney (by departmental request). Passed June 9, 2008. recovery of compensatory damages An emergency ordinance authoriz- Effective June 16, 2008. that represents noneconomic loss, as ing the Director of Public Utilities defined in Section 2307.011 of the to employ one or more professional Revised Code, in a tort action that consultants to design, print, and could have been recovered but for mail monthly billings, disconnection Ord. No. 735-08. the plaintiff’s failure to wear all of notices, and other billing communi- By Council Members Zone and the available elements of a proper- cations, for the Division of Cleve- Sweeney (by departmental request). ly adjusted occupant restraining de- land Public Power, or in the alter- An emergency ordinance authoriz- vice. Evidence of that failure shall native, to authorize the Director to ing the Director of Public Utilities not be used as a basis for a crimi- enter into one or more contracts to employ one or more professional nal prosecution of the person other with Sourcelink Ohio, LLC, for pro- consultants to provide environmental, than a prosecution for a violation of fessional services necessary to de- health, safety, sustainability, engi- this section; and shall not be admis- sign, print, and mail monthly bil- neering, and other services needed sible as evidence in a criminal lings and disconnection notices for for the Divisions of Water, Water action involving the person other the Division of Cleveland Public Pollution Control and Cleveland than a prosecution for a violation of Power, both for a period of one year, Public Power, Department of Public this section. with two one-year options to renew, Utilities, for a period not to exceed (2) If, at the time of an accident exercisable by the Director of Pub- two years. involving a passenger car equipped lic Utilities. Whereas, this ordinance consti- with occupant restraining devices, Whereas, this ordinance consti- tutes an emergency measure provid- any occupant of the passenger car tutes an emergency measure provid- ing for the usual daily operation of who sustained injury or death was ing for the usual daily operation of a municipal department; now, there- not wearing an available occupant a municipal department; now, there- fore, restraining device, was not wearing fore, Be it ordained by the Council of all of the available elements of such Be it ordained by the Council of the City of Cleveland: a device or was not wearing such a the City of Cleveland: Section 1. That the Director of device as properly adjusted, then, Section 1. That the Director of Public Utilities is authorized to consistent with the rules of evi- Public Utilities is authorized to employ by contract or contracts one dence, the fact that such occupant employ by contract or contracts one or more consultants or one or more was not wearing the available occu- or more consultants or one or more firms of consultants for the purpose pant restraining device, was not firms of consultants for the purpose of supplementing the regularly wearing all of the available ele- of supplementing the regularly employed staff of the several depart- ments of such a device or was not employed staff of the several depart- ments of the City of Cleveland in wearing such a device as properly ments of the City of Cleveland in order to provide professional ser- adjusted is admissible in evidence order to provide professional ser- vices necessary to provide environ- in relation to any claim for relief in vices necessary to design, print, and mental, health, safety, sustainabili- a tort action to the extent that the mail monthly billings, disconnection ty, and engineering services includ- claim for relief satisfies all of the notices, and other billing communi- ing but not limited to employee following: cations, for the Division of Cleve- health and safety services, geotech- A. It seeks to recover damages for land Public Power, for a period of nical services, industrial hygiene services, materials testing and injury or death to such occupant; one year, with two one-year options analyses, water treatment process B. The defendant in question is to renew, exercisable by the Direc- analyses, laboratory testing ser- the manufacturer, designer, distrib- tor of Public Utilities. The selection of the consultants vices, hazardous substance identifi- utor or seller of the passenger car; for the services shall be made by cation and analyses, forensic investi- C. The claim for relief against the the Board of Control on the nomi- gations, energy audits, environmental defendant in question is that the nation of the Director of Public Util- sampling and analysis, and other injury or death sustained by such ities from a list of qualified consul- related professional consulting ser- occupant was enhanced or aggra- tants available for employment as vices needed for the Divisions of vated by some design defect in the may be determined after a full and Water, Water Pollution Control and passenger car or that the passenger complete canvass by the Director of Cleveland Public Power, Department car was not crashworthy. Public Utilities for the purpose of of Public Utilities, for a period not (g) Whoever violates division compiling a list. The compensation to exceed two years. (b)(1) of this section shall be fined to be paid for the services shall be The selection of the consultants thirty dollars ($30.00). fixed by the Board of Control. The for the services shall be made by (h) Whoever violates division contract or contracts authorized the Board of Control on the nomi- (b)(3) of this section shall be fined shall be prepared by the Director of nation of the Director of Public Util- twenty dollars ($20.00). Law, approved by the Director of ities from a list of qualified consul- (i) Except as otherwise provided Public Utilities, and certified by the tants available for employment as in this section, whoever violates Director of Finance. may be determined after a full and division (b)(4) of this section is Section 2. That, as an alternative complete canvass by the Director of guilty of a minor misdemeanor on a to Section 1 above, the Director of Public Utilities for the purpose of first offense; on a second or subse- Public Utilities is authorized to compiling a list. The compensation quent offense such person is guilty enter into one or more contracts to be paid for the services shall be of a misdemeanor of the third with Sourcelink Ohio, LLC for pro- fixed by the Board of Control. The degree. (RC4513.263) fessional services necessary to de- contract or contracts authorized Section 2. That Section 437.27 of sign, print, and mail monthly bil- shall be prepared by the Director of the Codified Ordinances of Cleve- lings, disconnection notices, and Law, approved by the Director of land, Ohio, 1976, as amended by other billing communications, for Public Utilities, and certified by the Ordinance No. 91-96, passed March the Division of Cleveland Public Director of Finance. 18, 1996, is repealed. Power, for a period of one year, Section 2. That the cost of the con- Section 3. That this ordinance is with two one-year options to renew, tract or contracts authorized shall declared to be an emergency mea- exercisable by the Director of Pub- be paid from Fund Nos. 52 SF 001, sure and, provided it receives the lic Utilities. 54 SF 001, and 58 SF 001, Request affirmative vote of two-thirds of all Section 3. That the cost of the con- No. 182043. the members elected to Council, it tract or contracts authorized in this Section 3. That this ordinance is shall take effect and be in force ordinance shall be paid from Fund declared to be an emergency mea- immediately upon its passage and No. 58 SF 001, Request No. 169156. sure and, provided it receives the 1283 58 The City Record June 18, 2008 affirmative vote of two-thirds of all authorized to make one or more approval by the Mayor; otherwise it the members elected to Council, it written requirement contracts with shall take effect and be in force shall take effect and be in force das Manufacturing, Inc. without from and after the earliest period immediately upon its passage and competitive bidding under the Char- allowed by law. approval by the Mayor; otherwise it ter and the Codified Ordinances of Passed June 9, 2008. shall take effect and be in force Cleveland, Ohio, 1976, for the re- Effective June 16, 2008. from and after the earliest period quirements for a period not to ex- allowed by law. ceed one year of the necessary items Passed June 9, 2008. of materials needed for the das curb Effective June 16, 2008. markers system for the Mayor’s 2008 Ord. No. 739-08. Summer Employment Program, to be By Council Members Zone, Cim- purchased by the Commissioner of perman and Sweeney (by depart- Purchases and Supplies on a unit mental request). Ord. No. 736-08. basis, for the Division of Water Pol- An emergency ordinance deter- By Council Members Zone and lution Control, Department of Public mining the method of making the Sweeney (by departmental request). Utilities. public improvement of rehabilitat- An emergency ordinance authoriz- Section 2. That the costs of the ing, renovating, reconstructing or ing the Director of Public Utilities contract or contracts shall be otherwise relocating the Department to enter into one or more contracts charged against the proper appro- of Public Utilities GIS Office to 205 with Mincom for professional ser- priation accounts and the Director St. Clair Avenue; authorizing the vices necessary to provide mainte- of Finance shall certify the amount Director of Public Utilities to enter nance and technical support of of the initial purchase, which pur- into one or more public improvement Ellipse work management system chase, together with all later pur- contracts to construct the improve- software, including other modules, chases, shall be made on order of ment; and authorizing the director for a period not to exceed one year. the Commissioner of Purchases and to employ one or more professional Whereas, this ordinance consti- Supplies under a requisition against consultants to design the improve- tutes an emergency measure provid- the contract or contracts certified by ment. ing for the usual daily operation of the Director of Finance. (RL 170750) Whereas, this ordinance consti- a municipal department; now, there- Section 3. That this ordinance is tutes an emergency measure provid- fore, declared to be an emergency mea- ing for the usual daily operation of Be it ordained by the Council of sure and, provided it receives the a municipal department; now, there- the City of Cleveland: affirmative vote of two-thirds of all fore, Section 1. That the Director of Pub- the members elected to Council, it Be it ordained by the Council of lic Utilities is authorized to enter shall take effect and be in force the City of Cleveland: into one or more contracts with Min- immediately upon its passage and Section 1. That, under Section 167 com for professional services neces- approval by the Mayor; otherwise it of the Charter of the City of Cleve- land, this Council determines to sary to provide maintenance and shall take effect and be in force make the public improvement of technical support of Ellipse work from and after the earliest period rehabilitating, renovating, recon- management system software, includ- allowed by law. structing or otherwise relocating the ing other modules, on the basis of Passed June 9, 2008. Department of Public Utilities GIS its proposal dated April 24, 2008, in Effective June 16, 2008. Office to 205 St. Clair Avenue (the the total sum of $102,442.64, for the “Improvement”), for the Department Department of Public Utilities. The of Public Utilities, by one or more contracts or contracts shall be paid contracts duly let to the lowest from Fund No. 54 SF 001, Request Ord. No. 738-08. responsible bidder or bidders after No. 170752. By Council Members Zone and competitive bidding a gross price Section 2. That this ordinance is Sweeney (by departmental request). for the Improvement. declared to be an emergency mea- An emergency ordinance authoriz- Section 2. That the Director of sure and, provided it receives the ing the Director of Public Utilities Public Utilities is authorized to affirmative vote of two-thirds of all to enter into one or more contracts enter into one or more contracts for the members elected to Council, it with Tele Atlas for professional ser- the making of the Improvement shall take effect and be in force vices necessary to provide a street with the lowest responsible bidder immediately upon its passage and centerline data subscription and a or bidders after competitive bidding approval by the Mayor; otherwise it maintenance program in support of a gross price for the Improvement, shall take effect and be in force the Citywide Geographic Informa- provided, however, that each sepa- from and after the earliest period tion System, for the Division of rate trade and each distinct compo- allowed by law. Water, Department of Public Utili- nent part of the Improvement may Passed June 9, 2008. ties. be treated as a separate improve- Effective June 16, 2008. Whereas, this ordinance consti- ment, and each, or any combination, tutes an emergency measure provid- of the trades or components may be ing for the usual daily operation of the subject of a separate contract a municipal department; now, there- for a gross price. On request of the Ord. No. 737-08. fore, Director the contractor shall furnish By Council Members Zone and Be it ordained by the Council of a correct schedule of unit prices, Sweeney (by departmental request). the City of Cleveland: including profit and overhead, for An emergency ordinance authoriz- Section 1. That the Director of all items constituting units of the ing the Director of Public Utilities Public Utilities is authorized to Improvement. to enter into one or more require- enter into one or more written con- Section 3. That the Director of ment contracts without competitive tracts with Tele Atlas for profes- Public Utilities is authorized to bidding with das Manufacturing, sional services necessary to provide employ by contract or contracts one Inc. for materials needed for the das a street centerline data subscription or more consultants or one or more curb markers system, for the Divi- and a maintenance program in sup- firms of consultants for the purpose sion of Water Pollution Control, De- port of the Citywide Geographic of supplementing the regularly em- partment of Public Utilities, for a Information System (GIS), on the ployed staff of the several depart- period not to exceed one year. basis of its proposal dated April 17, ments of the City of Cleveland in Whereas, this ordinance consti- 2008, in the total sum of $23,040, for order to provide professional services tutes an emergency measure provid- the Division of Water, Department necessary to design the Improve- ing for the usual daily operation of of Public Utilities. The contract or ment. a municipal department; now, there- contracts authorized shall be paid The selection of the consultants fore, from Fund No. 52 SF 001, Request for the services shall be made by Be it ordained by the Council of No. 182058. the Board of Control on the nomi- the City of Cleveland: Section 2. That this ordinance is nation of the Director of Public Util- Section 1. That this Council deter- declared to be an emergency mea- ities from a list of qualified consul- mines that the within commodities sure and, provided it receives the tants available for employment as are non-competitive and cannot be affirmative vote of two-thirds of all may be determined after a full and secured from any source other than the members elected to Council, it complete canvass by the Director of das Manufacturing, Inc. Therefore, shall take effect and be in force Public Utilities for the purpose of the Director of Public Utilities is immediately upon its passage and compiling a list. The compensation 1284 June 18, 2008 The City Record 59 to be paid for the services shall be sure and, provided it receives the of Euclid Avenue and the True fixed by the Board of Control. The affirmative vote of two-thirds of all Point of Beginning for the center- contract or contracts authorized the members elected to Council, it line of said easement; shall be prepared by the Director of shall take effect and be in force Thence South 52° 56' 51" East, Law, approved by the Director of immediately upon its passage and 5.38 feet to a point; Public Utilities, and certified by the approval by the Mayor; otherwise it Thence, along the arc of a curve Director of Finance. shall take effect and be in force which deflects to the right, 11.02 Section 4. That the cost of the con- from and after the earliest period feet to a point, said curve having a tracts authorized shall be paid from allowed by law. radius of 10.61 feet, a central angle Fund Nos. 01-200290-639000, 11 SF Passed June 9, 2008. of 59° 29' 43", and a chord of 10.53 006, 20 SF 362, 20 SF 371, 20 SF 381, Effective June 16, 2008. feet which bears South 25° 00' 55" 20 SF 391, 20 SF 503, 52 SF 001, and East; any other funds appropriated for Thence South 37° 04' 17" West, this purpose, Request No. 187089. 408.27 feet to a point; Section 5. That this ordinance is Ord. No. 742-08. Thence South 39° 28' 25" West, declared to be an emergency mea- By Council Members Conwell, 76.47 feet to a point; sure and, provided it receives the Mitchell, Brady, Cimperman and Thence South 42° 32' 28" West, affirmative vote of two-thirds of all Sweeney (by departmental request). 105.16 feet to a point; the members elected to Council, it An emergency ordinance authoriz- Thence South 42° 37' 52" West, 91.64 feet to a point; shall take effect and be in force ing the Director of Public Service to Thence South 44° 00' 30" West, immediately upon its passage and issue a permit to Case Western Re- 77.24 feet to a point; approval by the Mayor; otherwise it serve University to encroach into Thence South 43° 02' 17" West, shall take effect and be in force the public right-of-way of Euclid 88.20 feet to a point; from and after the earliest period Avenue on the north side from East Thence South 45° 11' 37" West, allowed by law. 101st Street to just beyond East 65.06 feet to a point; Passed June 9, 2008. 123rd Street, and on the south side Effective June 16, 2008. Thence South 55° 19' 00" West, from Cornell Road to Mayfield Road 46.69 feet to a point; by installing, using, and maintain- Thence South 08° 18' 17" West, ing a fiber optic network communi- 52.46 feet to a point; cation redundant conduit path. Thence South 34° 51' 32" West, Ord. No. 740-08. Whereas, this ordinance consti- 30.38 feet to a point; By Council Members Zone, Cim- tutes an emergency measure provid- Thence South 43° 11' 06" West, perman and Sweeney (by depart- ing for the usual daily operation of 493.84 feet to a point; mental request). a municipal department; now, there- Thence, along the arc of a curve An emergency ordinance deter- fore, which deflects to the right, 4.75 feet mining the method of making the Be it ordained by the Council of to a point, said curve having a public improvement of rehabilitat- the City of Cleveland: radius of 5.00 feet, a central angle ing and replacing the Ontario Street Section 1. That the Director of of 54° 24' 17", and a chord of 4.57 area sewer system, which may in- Public Service is authorized to issue feet which bears South 70° 23' 14" clude but not be limited to sewer a permit, revocable at the will of West; relining, installing manholes and Council, to Case Western Reserve Thence, along the arc of a curve catch basins, and authorizing the University, 10900 Euclid Avenue, which deflects to the left, 33.71 feet Director of Public Utilities to enter Cleveland Ohio 44106-7228 (“Permit- to a point, said curve having a into one or more public improvement tee”), to encroach into the public radius of 48.06 feet, a central angle contracts for the making of the right-of-way beneath Euclid Avenue of 40° 11' 12", and a chord of 33.02 improvement. on the north side from East 101st feet which bears South 78° 41' 25" Whereas, this ordinance consti- Street to just beyond East 123rd West; tutes an emergency measure provid- Street and on the south side from Thence, along the arc of a curve ing for the usual daily operation of Cornell Road to Mayfield Road by which deflects to the left, 22.98 feet a municipal department; now, there- installing, using, and maintaining a to a point, said curve having a fore, fiber optic network communication radius of 224.52 feet, a central angle Be it ordained by the Council of redundant conduit path at the fol- of 05° 51' 51", and a chord of 22.97 the City of Cleveland: feet which bears South 53° 36' 08" Section 1. That, under Section 167 lowing locations: Situated in the City of Cleveland, West; of the Charter of the City of Cleve- Thence South 46° 38' 39" West, land, it is determined to make the County of Cuyahoga, State of Ohio and known as being a part of the 5.94 feet to a point; public improvement of rehabilitat- Thence South 35° 13' 29" West, ing and replacing the Ontario Street right of way of East 101st Street, East 115th Street and Euclid Ave- 26.30 feet to a point; area sewer system, which may Thence South 43° 26' 19" West, include but not be limited to sewer nue, also part of the lands conveyed to the City of Cleveland; 178.08 feet to a point; relining, installing manholes and Thence South 40° 34' 01" West, catch basins, for the Division of This encroachment is described by a centerline with a width of 7.5 feet 143.75 feet to a point; Water Pollution Control, Depart- Thence South 43° 37' 52" West, on each side of the following de- ment of Public Utilities, by one or 79.91 feet to a point; scribed centerline except where the more contracts duly let to the low- Thence South 54° 09' 43" West, distance to the existing right of way est responsible bidder or bidders 11.68 feet to a point; of Euclid Avenue or East 101st after competitive bidding on a unit Thence South 45° 30' 55" West, Street or East 115th Street is less basis for the improvement. 55.57 feet to a point; Section 2. That the Director of than 7.5 feet away, then the exist- Thence South 43° 10' 40" West, Public Utilities is authorized to ing right of way line shall prevail 60.69 feet to a point; enter into one or more contracts for and excepting therefrom any areas Thence South 40° 45' 07" West, the making of the public improve- which may fall entirely upon public 33.84 feet to a point; ment with the lowest responsible or private land beyond the public Thence South 42° 52' 57" West, bidder after competitive bidding on right of way. 75.01 feet to a point; a unit basis for the improvement, Thence South 43° 36' 51" West, provided, however, that each sepa- PART 1 62.55 feet to a point; rate trade and each distinct compo- Commencing at the intersection of Thence, along the arc of a curve nent part of the improvement may the centerline of East 123rd Street which deflects to the right, 6.50 feet be treated as a separate improve- with the centerline of Euclid Ave- to a point, said curve having a ment, and each, or any combination, nue; radius of 17.20 feet, a central angle of the trades or components may be Thence North 42° 54' 36" East of 21° 38' 27", and a chord of 6.46 the subject of a separate contract on along the centerline of Euclid feet which bears South 54° 26' 04" a unit basis. Avenue, 256.45 feet to a point; West; Section 3. That the cost of the Thence continuing along the cen- Thence South 70° 59' 53" West, improvement authorized shall be terline of Euclid Avenue, North 37° 47.45 feet to a point; paid from Fund No. 54 SF 001, Re- 03' 09" East, 466.20 feet to a point; Thence North 83° 34' 31" West, quest No. 170758. Thence leaving said centerline, 14.56 feet to a point; Section 4. That this ordinance is North 52° 56' 51" West, 40.00 feet to Thence South 30° 41' 21" East, declared to be an emergency mea- the northwesterly right of way line 13.72 feet to a point; 1285 60 The City Record June 18, 2008

Thence South 21° 43' 53" East, radius of 3.03 feet, a central angle PART 3 7.13 feet to a point; of 81° 18' 53", and a chord of 3.95 Commencing at the intersection of Thence, along the arc of a curve feet which bears South 88° 15' 53" the centerlines of Adelbert Street which deflects to the right, 8.29 feet West; and Euclid Avenue; to a point, said curve having a Thence, along the arc of a curve Thence South 42° 54' 06" West radius of 21.62 feet, a central angle which deflects to the right, 9.67 feet along the centerline of Euclid of 21° 57' 22", and a chord of 8.23 to a point, said curve having a Avenue, 518.68 feet to a point; feet which bears South 33° 00' 08" radius of 7.41 feet, a central angle Thence leaving said centerline, West; of 74° 46' 18", and a chord of 9.00 North 47° 05' 54" West, 61.12 feet to Thence South 42° 21' 55" West, feet which bears South 15° 29' 06" the True Point of Beginning for the 81.14 feet to a point; East; easement herein described; Thence South 42° 49' 03" West, Thence, along the arc of a curve Thence South 45° 41' 19" West, 574.07 feet to a point; which deflects to the right, 3.14 feet 6.29 feet to a point; Thence South 43° 33' 42" West, to a point, said curve having a Thence South 43° 11' 39" West, 69.12 feet to a point; radius of 11.14 feet, a central angle 3.71 feet to a point; Thence, along the arc of a curve of 16° 08' 04", and a chord of 3.13 Thence North 47° 05' 54" West, which deflects to the right, 7.79 feet feet which bears South 34° 42' 52" 10.24 feet to a point; to a point, said curve having a West; Thence North 42° 54' 06" East, radius of 5.08 feet, a central angle Thence South 42° 46' 54" West, 10.00 feet to a point; Thence South 47° 05' 54" East, of 87° 54' 14", and a chord of 7.05 17.65 feet to a point; 10.57 feet to the True Point of feet which bears South 87° 30' 49" Thence South 42° 42' 11" West, Beginning. West; 147.04 feet to a point; Containing within said bounds 104 Thence North 45° 49' 17" West, Thence South 45° 38' 12" West, square feet of land. 5.83 feet to a point; 34.05 feet to a point; Thence, along the arc of a curve Thence, along the arc of a curve PART 4 which deflects to the right, 27.41 which deflects to the right, 53.53 Commencing at the intersection of feet to a point, said curve having a feet to a point, said curve having a the centerlines of Adelbert Street radius of 30.68 feet, a central angle radius of 345.52 feet, a central angle and Euclid Avenue; of 51° 10' 50", and a chord of 26.50 of 08° 52' 33", and a chord of 53.47 Thence North 42° 54' 20" East feet which bears South 03° 00' 19" feet which bears South 51° 43' 04" along the centerline of Euclid West; West; Avenue, 19.53 feet to a point; Thence South 31° 48' 18" West, Thence, along the arc of a curve Thence leaving said centerline, 21.04 feet to a point; which deflects to the right, 197.29 North 47° 05' 40" West, 45.37 feet to Thence South 42° 47' 19" West, feet to a point, said curve having a the True Point of Beginning for the 156.29 feet to a point; radius of 395.04 feet, a central angle easement herein described; Thence South 43° 27' 17" West, of 28° 36' 52", and a chord of 195.25 Thence continuing North 47° 05' 43.53 feet to a point; feet which bears South 69° 25' 29" 40" West, 4.63 feet to a point on the Thence South 42° 26' 22" West, West; northwesterly right of way line of 28.83 feet to a point; Thence South 80° 33' 06" West, Euclid Avenue; Thence South 45° 55' 45" West, 109.54 feet to a point; Thence North 42° 54' 20" East 134.13 feet to a point; Thence North 89° 12' 55" West, along said line, 10.00 feet to a point; Thence South 42° 54' 20" West, 90.61 feet to a point; Thence leaving said line, South 29.17 feet to a point; Thence South 85° 49' 31" West, 47° 05' 40" East, 4.24 feet to a point; Thence South 32° 04' 05" West, 114.28 feet to a point; Thence South 40° 40' 54" West, 12.68 feet to a point; Thence South 89° 10' 28" West, 10.01 feet to the True Point of Thence South 42° 54' 20" West, 65.45 feet to a point; Beginning. 211.11 feet to a point; Thence South 89° 55' 46" West, Containing within said bounds 44 Thence South 42° 55' 11" West, 206.60 feet to a point; square feet of land. 248.17 feet to a point; Thence South 87° 08' 01" West, Thence South 59° 59' 56" West, 333.39 feet to a point; PART 5 11.38 feet to a point; Thence South 86° 42' 33" West, Commencing at the intersection of Thence South 42° 56' 35" West, 36.04 feet to a point; the centerlines of Adelbert Street 51.39 feet to a point; Thence South 87° 02' 46" West, and Euclid Avenue; Thence South 33° 47' 42" West, 276.08 feet to a point; Thence North 42° 54' 20" East 33.63 feet to a point; Thence South 87° 39' 43" West, along the centerline of Euclid Thence South 42° 55' 21" West, 16.11 feet to a point; Avenue, 270.56 feet to a point; 227.98 feet to a point; Thence, along the arc of a curve Thence leaving said centerline, Thence South 46° 23' 41" West, which deflects to the right, 7.85 feet North 47° 05' 40" West, 45.48 feet to 104.08 feet to a point; to a point, said curve having a the True Point of Beginning for the Thence South 42° 38' 31" West, radius of 5.00 feet, a central angle easement herein described; 40.33 feet to a point; of 90° 00' 00", and a chord of 7.07 Thence North 47° 04' 39" West, Thence South 22° 41' 00" West, feet which bears North 47° 20' 17" 6.52 feet to a point; 15.66 feet to a point; West; Thence North 42° 55' 21" East, 10.00 feet to a point; Thence South 40° 40' 54" West, Thence North 02° 10' 53" West, Thence South 47° 04' 39" East, 78.91 feet to a point; 28.66 feet to the termination point; 6.52 feet to a point; Thence South 44° 32' 31" West, Thence South 42° 55' 21" West, 20.23 feet to a point; PART 2 10.00 feet to the True Point of Thence South 42° 58' 07" West, Commencing at the intersection of Beginning. 136.69 feet to a point; the centerlines of Adelbert Street Containing within said bounds 65 Thence South 45° 31' 31" West, and Euclid Avenue; square feet of land. 52.99 feet to a point; Thence South 42° 54' 06" West Thence South 52° 17' 23" West, along the centerline of Euclid PART 6 25.64 feet to a point; Avenue, 818.78 feet to a point; Commencing at the intersection of Thence South 44° 05' 58" West, Thence leaving said centerline, the centerlines of Ford Drive and 184.94 feet to a point; North 47° 05' 54" West, 61.61 feet to Euclid Avenue; Thence South 53° 19' 35" West, the True Point of Beginning for the Thence North 47° 07' 12" West 27.99 feet to a point; easement herein described; along the centerline of Ford Drive, Thence South 45° 41' 19" West, Thence South 42° 42' 11" West, 52.24 feet to a point; 40.60 feet to a point; 10.00 feet to a point; Thence leaving said centerline, Thence South 43° 11' 39" West, Thence North 47° 17' 49" West, North 42° 52' 48" East, 34.09 feet to 77.24 feet to a point; 3.68 feet to a point; the True Point of Beginning for the Thence South 43° 21' 11" West, Thence North 42° 42' 11" East, easement herein described; 96.11 feet to a point; 10.00 feet to a point; Thence North 46° 26' 18" West, Thence South 47° 20' 08" West, Thence South 47° 17' 49" East, 9.35 feet to a point; 57.95 feet to a point; 3.68 feet to the True Point of Begin- Thence North 43° 33' 42" East, Thence, along the arc of a curve ning. 10.00 feet to a point; which deflects to the right, 4.30 feet Containing within said bounds 37 Thence South 46° 26' 18" East to a point, said curve having a square feet of land. along said line, 9.35 feet to a point; 1286 June 18, 2008 The City Record 61

Thence South 43° 33' 42" West, Avenue, 58.00 feet to a point; Thence South 42° 09' 45" West, 10.00 feet to the True Point of Thence leaving said centerline, 49.07 feet to a point; Beginning. North 47° 05' 24" West, 34.03 feet to Thence South 48° 36' 31" East, Containing within said bounds 94 the True Point of Beginning for the 107.46 feet to the termination point; square feet of land. easement herein described; Thence South 43° 02' 17" West, PART 14 PART 7 10.00 feet to a point; Commencing at the intersection of Commencing at the intersection of Thence North 47° 05' 24" West, the centerlines of Ford Drive and the centerlines of East 117th Street 5.95 feet to a point on the north- Euclid Avenue; and Euclid Avenue; westerly right of way line of Euclid Thence North 42° 52' 48" East Thence South 42° 54' 36" West Avenue; along the centerline of Euclid Ave- along the centerline of Euclid Thence North 42° 54' 36" East nue, 52.06 feet to a point; Avenue, 26.83 feet to a point; along said line, 10.00 feet to a point; Thence leaving said centerline, Thence leaving said centerline, Thence leaving said line, South South 47° 07' 12" East, 53.98 feet to North 47° 05' 24" West, 36.19 feet to 47° 05' 24" East, 5.97 feet to the the True Point of Beginning for a the True Point of Beginning for the True Point of Beginning. 15 foot easement, 7.5 feet on either easement herein described; Containing within said bounds 60 side of the following described cen- Thence South 40° 34' 01" West, square feet of land. terline; 10.01 feet to a point; Thence South 51° 32' 27" West, Thence North 47° 05' 24" West, PART 11 112.71 feet to a point; 4.22 feet to a point on the north- Commencing at the intersection of Thence South 42° 42' 36" West, westerly right of way line of Euclid the centerlines of East 123rd Street 87.98 feet to a point; Avenue; and Euclid Avenue; Thence South 42° 46' 17" West, Thence North 42° 54' 36" East Thence North 42° 54' 36" East 76.05 feet to a point; along said line, 10.00 feet to a point; along the centerline of Euclid Thence South 43° 03' 02" West, Thence leaving said line, South Avenue, 230.55 feet to a point; 40.52 feet to a point; 47° 05' 24" East, 3.81 feet to the Thence leaving said centerline, Thence South 36° 25' 10" West, True Point of Beginning. North 47° 05' 24" West, 33.67 feet to 12.34 feet to a point; Containing within said bounds 40 the True Point of Beginning for the Thence South 41° 54' 14" West, square feet of land. easement herein described; 10.79 feet to a point; Thence continuing North 47° 05' Thence, along the arc of a curve PART 8 24" West, 6.33 feet to a point on the which deflects to the left, 7.49 feet Commencing at the intersection of northwesterly right of way line of to a point, said curve having a the centerlines of East 117th Street Euclid Avenue; radius of 18.76 feet, a central angle and Euclid Avenue; Thence North 42° 54' 36" East of 22° 52' 46", and a chord of 7.44 Thence North 42° 54' 36" East along said line, 10.00 feet to a point; feet which bears South 25° 35' 53" along the centerline of Euclid Thence leaving said line, South West; Avenue, 506.42 feet to a point; 47° 05' 24" East, 5.73 feet to a point; Thence, along the arc of a curve Thence leaving said centerline, Thence South 39° 28' 25" West, which deflects to the right, 10.35 North 47° 05' 24" West, 14.21 feet to 10.02 feet to the True Point of feet to a point, said curve having a the True Point of Beginning for the Beginning. radius of 20.00 feet, a central angle easement herein described; Containing within said bounds 60 of 29° 38 ' 45", and a chord of 10.23 Thence continuing North 47° 05' square feet of land. feet which bears South 28° 58' 53" 24" West, 25.79 feet to a point on the West; northwesterly right of way line of PART 12 Thence South 43° 48' 15" West, Euclid Avenue; Commencing at the intersection of 19.55 feet to a point; Thence North 42° 54' 36" East the centerlines of East 123rd Street Thence South 40° 45' 48" West, along said line, 10.00 feet to a point; 54.55 feet to a point; and Euclid Avenue; Thence leaving said line, South Thence North 39° 18' 53" West, Thence North 42° 54' 36" East 47° 05' 24" East, 25.83 feet to a 85.72 feet to the termination point. along the centerline of Euclid Ave- point; Legal Description approved by nue, 256.45 feet to a point; Thence South 43° 11' 06" West, Greg Esber, Section Chief, Plats, Thence continuing along said cen- 10.00 feet to the True Point of Surveys and House Numbering Sec- terline, North 37° 03' 09" East, 219.64 Beginning. tion. feet to a point; Containing within said bounds 258 Section 2. That Permittee may Thence leaving said centerline, square feet of land. assign the permit only with the North 52° 56' 51" West, 32.89 feet to prior written consent of the Director PART 9 the True Point of Beginning for the of Public Service. That the encroach- Commencing at the intersection of easement herein described; ing structure(s) permitted by this the centerlines of East 123rd Street Thence continuing North 52° 56' ordinance shall conform to plans and Euclid Avenue; 51" West, 7.11 feet to a point on the and specifications approved by the Thence South 42° 54' 36" West northwesterly right of way line of Commissioner of Engineering and along the centerline of Euclid Euclid Avenue; Construction. That Permittee shall Avenue, 195.00 feet to a point; Thence North 37° 03' 09" East obtain all other required permits, Thence leaving said centerline, along said line, 10.00 feet to a point; including but not limited to Build- North 47° 05' 24" West, 36.71 feet to Thence leaving said line, South ing Permits, before installing the the True Point of Beginning for the 52° 56' 51" East, 7.11 feet to a point; encroachment(s). easement herein described; Thence South 37° 04' 17" West, Section 3. That the Director of Thence South 45° 11' 37" West, 10.00 feet to the True Point of Law shall prepare the permit autho- 1.02 feet to a point; Beginning. rized by this ordinance and shall Thence South 55° 19' 00" West, Containing within said bounds 71 incorporate such additional provi- 9.19 feet to a point; square feet of land. sions as the director determines nec- Thence North 47° 05' 24" West, essary to protect and benefit the 1.27 feet to a point on the north- PART 13 public interest. The permit shall be westerly right of way line of Euclid Commencing at the intersection of issued only when, in the opinion of Avenue; the centerlines of Euclid Avenue the Director of Law, Permittee has Thence North 42° 54' 36" East and Adelbert Street; properly indemnified the City along said line, 10.00 feet to a point; Thence South 42° 54' 06" West against any loss that may result Thence leaving said line, South along the centerline of Euclid from the encroachment(s) permitted. 47° 05' 24" East, 3.29 feet to the Avenue, 44.01 feet to a point; Section 4. That the permit shall True Point of Beginning. Thence leaving said centerline, reserve to the City reasonable right Containing within said bounds 24 North 47° 05' 54" West, 42.39 feet to of entry to the encroachment loca- square feet of land. the True Point of Beginning for a tion(s). 15 foot easement, 7.5 feet on either Section 5. That this ordinance is PART 10 side of the following described cen- declared to be an emergency mea- Commencing at the intersection of terline; sure and, provided it receives the the centerlines of East 123rd Street Thence South 44° 01' 52" West, affirmative vote of two-thirds of all and Euclid Avenue; 88.16 feet to a point; the members elected to Council, it Thence South 42° 54' 36" West Thence South 43° 22' 52" West, shall take effect and be in force along the centerline of Euclid 45.38 feet to a point; immediately upon its passage and 1287 62 The City Record June 18, 2008 approval by the Mayor; otherwise it State: rehabilitate Aetna road bridge shall conform with the requirements shall take effect and be in force over CSX Railroad Company in the of Title 23 CFR 645 and the ODOT from and after the earliest period City of Cleveland (the “Improve- Utilities Manual. allowed by law. ment”). Section 11. That this Council Passed June 9, 2008. Section 7. That the City proposes requests the State to proceed with Effective June 16, 2008. to cooperate with the State in the the Improvement. cost of the Improvement by assum- Section 12. That the Director of ing and contributing the entire cost Public Service is authorized to enter and expense of the Improvement, into an agreement with the State Ord. No. 743-08. less the amount of Federal-aid funds concerning the financing of the By Council Members Conwell, or other funds set aside by the Improvement. Mitchell, Brady, Cimperman and Director of Transportation for the Section 13. That the Clerk of Coun- Sweeney (by departmental request). financing of the Improvement from cil is authorized and directed to An emergency ordinance to amend funds allocated by the Federal transmit to the State three (3) cer- the title and Section 5 of Ordinance Highway Administration, and less tified copies of this ordinance imme- No. 906-07, passed June 11, 2007, the State’s portion of the cost of the diately on its taking effect, and it relating to one or more contracts Improvement. The entire cost of pre- shall become the basis for proceed- with Ralph Tyler Companies to mod- liminary engineering, right-of-way ing with the Improvement. ify engineering and right-of-way and environmental documentation Section 14. That the Director of plans for the reconstruction of the shall be borne by the City. The City Public Service is authorized to enter Aetna road Bridge over CSX Rail- agrees to assume and contribute into one or more contracts with the road and the Greater Cleveland 100% of the cost of any items includ- State’s pre-qualified consultants for Regional Transit Authority, to ed in the construction contract, at the preliminary engineering phase acquire right-of-ways, and to enter the request of the City, which are of the Improvement and to enter into one or more contracts with CSX determined by the State not eligible into one or more contracts with the and RTA to obtain services and or made necessary by the Improve- State which are necessary to com- enter into agreements; to supple- ment. plete the Improvement. On the ment the ordinance by adding new Section 8. That the Director of request of the State, the Director of Sections 6 to 15 relating to a con- Public Service is authorized to enter Public Service is also authorized to sent agreement with the State of into one or more agreements with assign all rights, title, and interests Ohio; and to renumber existing Sec- the State necessary to complete the of the City to the State arising from tion 6 to new Section 16. planning and construction of the any agreement with its consultant Whereas, this ordinance consti- Improvement, which agreements in order to allow the State to direct tutes an emergency measure provid- shall contain terms and conditions additional or corrective work, recov- ing for the usual daily operation of that the Director of Law determines er damages due to errors or omis- a municipal department; now, there- shall best protect the public inter- sions, and to exercise all other con- fore, est. tractual rights and remedies afford- Be it ordained by the Council of Section 9. That on completion of ed by law or equity. the City of Cleveland: the Improvement, the City will: Section 15. That the City agrees Section 1. That the title and Sec- (a) Keep the affected highway that if Federal funds are used to tion 5 of Ordinance No. 906-07, open to traffic at all times; pay the cost of any consultant con- passed June 11, 2007, is amended to (b) Maintain the Improvement tract, the City shall comply with 23 read as follows: according to the provisions of the CFR 172 in the selection of its con- An emergency ordinance authoriz- statutes relating thereto and make sultant and the administration of ing the Director of Public Service to ample financial and other provisions the consultant contract. Further, the enter into one or more contracts for the maintenance; City agrees to incorporate the with Ralph Tyler Companies to mod- (c) Maintain the right-of-way and State’s “Specifications for Consul- ify engineering and right-of-way keep it free of obstruction in a man- tant Services” as a contract docu- plans for the reconstruction of the ner satisfactory to the State and ment in all of its consultant con- Aetna Road Bridge No. 3:001M, over hold the right-of-way inviolate for tracts. The City agrees to require, the CSX Railroad and the Greater public highway purposes and permit as a scope of services clause, that Cleveland Regional Transit Author- no signs, posters, billboards, road- all plans prepared by the consultant ity; authorizing the Commissioner of side stands, or other private instal- must conform to the State’s current Purchases and Supplies to acquire lations within the limits of the design standards and that the con- for right-of-way purposes such real right-of-way; sultant shall be responsible for on- property as is necessary to make the (d) Place and maintain all traffic going consultant involvement dur- public improvement; authorizing the control devices under the Ohio Man- ing the construction phase of the director to enter into one or more ual of Uniform Traffic Control Improvement. The City agrees to in- contracts with the railroad company Devices under the provisions of Sec- clude a completion schedule ac- and/or the Greater Cleveland Re- tion 4511.11 and related sections of ceptable to the State and to assist gional Transit Authority to obtain the Revised Code; the State in rating the consultant’s services and enter into agreements; Section 10. (a) That all existing performance through the State’s giving consent of the City of Cleve- streets and public rights-of-way Consultant Evaluation System. land to the State for the Improve- within the City that are necessary Section 4. That Section 6 of Ordi- ment; and authorizing the Director for the Improvement shall be made nance No. 906-07, passed June 11, to enter into any relative agree- available. 2007 is renumbered to new “Section ments. (b) That the City agrees that all 16”. Section 5. That the cost of the con- right-of-way required for the de- Section 5. That this ordinance is tract or contracts and property scribed project will be acquired declared to be an emergency mea- acquisition authorized shall be paid and/or made available under cur- sure and, provided it receives the from Fund Nos. 52 SF 001, 20 SF 364, rent State and federal regulations. affirmative vote of two-thirds of all 20 SF 373, 20 SF 380, 20 SF 383, 20 The City also understands that the members elected to Council, it SF 394, 20 SF 500, 20 SF 506, and 20 right-of-way costs include eligible shall take effect and be in force SF 510, Request Nos. 173266 and utility costs. immediately upon its passage and 175555. (c) That arrangements have been approval by the Mayor; otherwise it Section 2. That the existing title or will be made with and agree- shall take effect and be in force and Section 5 of Ordinance No. 906- ments obtained from all utility com- from and after the earliest period 07, passed June 11, 2007, is repealed. panies whose lines or structures will allowed by law. Section 3. That Ordinance No. 906- be affected by the Improvement. Passed June 9, 2008. 07, passed June 11, 2007, is supple- That the companies have agreed to Effective June 16, 2008. mented by enacting new Sections 6 make any and all necessary to 15, to read as follows: rearrangements in such manner as Section 6. That it is declared to be to be clear of any construction in the public interest that the con- called for by the plans for the Ord. No. 744-08. sent of the City of Cleveland is Improvement. That the companies By Council Members Cimperman, given to the Director of Trans- have agreed to make necessary Brady and Sweeney (by departmen- portation of the State of Ohio (“the rearrangements immediately after tal request). State”) to construct the following notification by the City or the State. An emergency ordinance to amend improvement under plans, specifica- (d) That the installation of all the title and Sections 1 and 4 of tions, and estimates approved by the utility facilities on the right-of-way Ordinance No. 1146-05, passed July 1288 June 18, 2008 The City Record 63

13, 2005, as amended by Ordinance 20 SF 505, 20 SF 506, 20 SF 510, 20 above-described property to the No. 2037-05, passed November 28, SF 520, and any fund appropriated Redeveloper at a price not less than 2005 and Ordinance No. 1108-06, for this purpose, Request Nos. 149512 fair market value as determined by passed August 9, 2006, relating to and 175556. the Board of Control, taking into the construction of improvements on Section 2. That the existing title account all restrictions, reversionary East 12th and East 13th Streets, St. and Sections 1 and 4 of Ordinance interests and similar encumbrances Clair and Superior Avenues, Phase I; No. 1146-05, passed July 13, 2005, as placed by the City of Cleveland in and to authorize the Director of amended by Ordinance No. 2037-05, the deed of conveyance. Public Service to enter into an passed November 28, 2005 and Ordi- Section 3. That the conveyance amendment to Contract No. 65407 nance No. 1108-06, passed August 9, shall be made by official deed pre- with Michael Benza & Associates for 2006, are repealed. pared by the Director of Law and additional engineering services under Section 3. That the Director of executed by the Mayor on behalf of the contract, and for construction Public Service is authorized to enter the City of Cleveland. The deed services, if needed. into an amendment to Contract No. shall contain necessary provisions, Whereas, this ordinance consti- 65407 with Michael Benza & Associ- including restrictive reversionary tutes an emergency measure provid- ates, to provide additional engineer- interests as may be specified by the ing for the usual daily operation of ing services under the contract, and Board of Control or Director of Law, a municipal department; now, there- for construction services, if needed. which shall protect the parties as fore, Section 4. That the costs of the their respective interests require Be it ordained by the Council of contract amendment shall be paid and shall specifically contain a pro- the City of Cleveland: from Fund Nos. 52 SF 001, 20 SF 363, vision against the erection of any Section 1. That the title and Sec- 20 SF 364, 20 SF 372, 20 SF 373, 20 advertising signs or billboards ex- tions 1 and 4 of Ordinance No. 1146- SF 379, 20 SF 380, 20 SF 393, 20 SF cept permitted identification signs. 05, passed July 13, 2005, as amend- 394, 20 SF 500, 20 SF 505, 20 SF 506, Section 4. That this ordinance is ed by Ordinance No. 2037-05, passed 20 SF 510, 20 SF 520, and any fund declared to be an emergency mea- November 28, 2005 and Ordinance No. appropriated for this purpose, sure and, provided it receives the 1108-06, passed August 9, 2006, are Request Nos. 149512 and 175556. affirmative vote of two-thirds of all amended to read as follows: Section 5. That this ordinance is the members elected to Council, it An Emergency Ordinance deter- declared to be an emergency mea- shall take effect and be in force mining the method of making the sure and, provided it receives the immediately upon its passage and public improvement of demolishing, affirmative vote of two-thirds of all approval by the Mayor; otherwise it grading and paving, constructing the members elected to Council, it shall take effect and be in force streets, sidewalks, driveway aprons, shall take effect and be in force from and after the earliest period curbs, curbing ramps, median strips, immediately upon its passage and allowed by law. intersections, utility boxes, casting approval by the Mayor; otherwise it Passed June 9, 2008. adjustments, and appurtenances on shall take effect and be in force Effective June 16, 2008. East 12th and East 13th Streets, St. from and after the earliest period Clair, Rockwell, Superior Avenues, allowed by law. and unnamed streets between E. Passed June 9, 2008. 13th, Rockwell, Superior and E. 18th Effective June 16, 2008. Ord. No. 754-08. Streets, including streetscaping, land- By Council Members Kelley and scaping, and installing electrical ser- Sweeney (by departmental request). vice connections, street lighting and An emergency ordinance authoriz- other related infrastructure improve- Ord. No. 745-08. ing the Director of Port Control to ments; and authorizing the Director By Council Members Cummins, enter into one or more contracts of Public Service, Public Utilities, or Johnson, Cimperman and Sweeney with Airports Council International Community Development, as appro- (by departmental request). for professional services necessary priate, to enter into one or more pub- An emergency ordinance authoriz- to provide customer service satis- lic improvement contracts for the ing the Commissioner of Purchases faction surveys, data collection, making of the improvement; and and Supplies to sell City-owned prop- reporting and benchmarking, and authorizing the Directors of Public erty no longer needed for public use similar type services, for a period of Service, Public Utilities, or Commu- located at the portion of W.C. Reed one year, with two one-year options nity Development, as appropriate, to Park being east of West 22nd Place to renew, the second of which re- employ one or more professional on the south side of Fern Court, to quires additional legislative author- consultants to provide engineering Denison Elderly LLC, for purposes ity. services under the contract, and for of residential development. Whereas, this ordinance consti- construction services. Whereas, the Director of Parks, tutes an emergency measure provid- Section 1. That, under Section 167 Recreation and Properties has re- ing for the usual daily operation of of the Charter of the City of Cleve- quested the sale of the City-owned a municipal department; now, there- land, this Council determines to property to Denison Elderly LLC fore, make the public improvement of (the “Redeveloper”) no longer need- Be it ordained by the Council of demolishing, grading and paving, ed for public use and located at the the City of Cleveland: constructing streets, sidewalks, drive- portion of W.C. Reed Park being Section 1. That the Director of way aprons, curbs, curbing ramps, east of West 22nd Place on the Port Control is authorized to enter median strips, intersections, utility south side of Fern Court for pur- into one or more contracts with Air- boxes, casting adjustments, and ap- poses of residential development; ports Council International for pro- purtenances on East 12th and East and fessional services necessary to pro- 13th Streets, St. Clair and Superior Whereas, this ordinance consti- vide customer service satisfaction Avenues, and unnamed streets be- tutes an emergency measure provid- surveys, data collection, reporting, tween E. 13th, Rockwell, Superior and ing for the usual daily operation of and benchmarking, and similar type E. 18th Streets, including streetscap- a municipal department; now, there- services, for the Department of Port ing, landscaping, and installing elec- fore, Control for a period of one year, trical service connections, street Be it ordained by the Council of with two one-year options to renew. lighting and other related infra- the City of Cleveland: The first of the one-year options to structure improvements, for the De- Section 1. That notwithstanding renew may be exercised by the partment of Public Service, Public and as an exception to the provi- Director of Port Control, without the Utilities, or Community Develop- sions of Chapter 181 and 183 of the necessity of obtaining additional ment, as appropriate, by one or more Codified Ordinances of Cleveland, authority of this Council. The sec- contracts duly let to the lowest Ohio, 1976, it is found and deter- ond of the one-year options to renew responsible bidder or bidders after mined that the following described may not be exercised without addi- competitive bidding on a unit basis property, depicted on the map and tional legislative authority. The con- for the improvement. legal description placed in File No. tract or contracts shall be paid from Section 4. That the cost of the 745-08-B, is no longer needed for pub- Fund No. 60 SF 001, Request No. improvement and professional ser- lic use. 175213. vices shall be paid from Fund Nos. Section 2. That by and at the Section 2. That this ordinance is 52 SF 001, 20 SF 363, 20 SF 364, 20 direction of the Board of Control, declared to be an emergency mea- SF 372, 20 SF 373, 20 SF 379, 20 SF the Commissioner of Purchases and sure and, provided it receives the 380, 20 SF 393, 20 SF 394, 20 SF 500, Supplies is authorized to sell the affirmative vote of two-thirds of all 1289 64 The City Record June 18, 2008 the members elected to Council, it the southeasterly line of aforesaid a municipal department; now, there- shall take effect and be in force Duggan Park parcel; fore, immediately upon its passage and Thence along said southeasterly Be it ordained by the Council of approval by the Mayor; otherwise it line of Duggan Park parcel bearing the City of Cleveland: shall take effect and be in force South 48° 47' 53" West a distance of Section 1. That the Director of from and after the earliest period 60.00 feet to the southerly corner of Community Development is autho- allowed by law. said parcel; rized to enter into one or more con- Passed June 9, 2008. Thence along the aforesaid south- tracts with various housing devel- Effective June 16, 2008. westerly line of Duggan Park par- opment entities, or their designees, cel bearing North 44° 50' 28" West for the purpose of implementing the a distance of 40.08 feet to the Prin- Housing Trust Fund Program. cipal Place of Beginning and con- Section 2. That eligible activities Ord. No. 758-08. taining 0.1102 acres of land, be the under the Housing Trust Fund Pro- By Council Members Coats, John- same more or less but subject to all gram include new construction, re- son, Cimperman and Sweeney (by legal highways. habilitation, site preparation, site departmental request). Section 2. That by and at the acquisition, predevelopment activi- An emergency ordinance authoriz- direction of the Board of Control, ties and financial assistance to ing the Director of Parks, Recre- the Commissioner of Purchases and home buyers. ation and Properties to execute a Supplies is authorized to convey, at Section 3. That the cost of the con- deed of easement granting to Vil- fair market value, the above-de- tracts shall not exceed $7,200,000.00, lage Green Elderly, LLC, or its scribed non-exclusive, easement in- and shall be paid from Fund Nos. 19 designee, certain easement rights in terest to Village Green, subject to SF 600, 19 SF 620, 13 SF 929, 13 SF property located south of Duggan any conditions stated herein. 955, 13 SF 980, Fund 19 SF 600, 14 Park and declaring the easements Section 3. That the easement shall SF 030, 14 SF 032, and 14 SF 033, 14 rights granted are not needed for be non-exclusive and the purpose of SF 034, Request No. 178639. public use. the easement shall be to provide Section 4. That the Director of Whereas, Village Green Elderly, gas, electrical, sanitary, and water Community Development is autho- LLC, or its designee (“Village connections to Village Green’s build- rized to accept monies in repayment Green”) requested the Director of ing located just south of Duggan of loans authorized in this ordinance Parks, Recreation and Properties to Park. and to deposit those monies in Fund convey certain easement rights in Section 4. That the duration of the Nos. 14, and 19 and utilize said property located south of Duggan easement shall be perpetual; that repayments and other program Park; and the easement may include reason- income in a revolving fund for mak- Whereas, Village Green requires able right of entry rights to the ing additional expenditures under the easement rights to provide gas, City; that the easement shall not be this program, and such funds are electrical, sanitary, and water con- assignable without the consent of hereby appropriated for that pur- nections to its building located just the Director of Parks, Recreation pose. south of Duggan Park; and and Properties; that the easement Section 5. That the City is autho- Whereas, the easement rights to shall require that Village Green rized to accept promissory notes, be granted are not needed for pub- indemnify the City, provide reason- naming the City of Cleveland as lic use; and able insurance, maintain any Vil- payee, and mortgages, naming the Whereas, this ordinance consti- lage Green improvements located City of Cleveland as mortgagee, and tutes an emergency measure provid- within the easement, and pay any any other security instrument exe- ing for the usual daily operation of applicable taxes and assessments. cuted to evidence and secure repay- a municipal department; now, there- Section 5. That the conveyance ment of loans made under this pro- fore, referred to above shall be made by gram. Be it ordained by the Council of official deed of easement prepared Section 6. That the Director of the City of Cleveland: by the Director of Law and execut- Community Development is autho- Section 1. That, notwithstanding ed by the Director of Parks, Recre- rized to enter into forbearance and as an exception to the provi- ation and Properties on behalf of agreements with any recipient of a sions of Chapters 181 and 183 of the the City of Cleveland. The Direc- validly existing loan administered Codified Ordinances of Cleveland, tors of Parks, Recreation and Prop- by the City, and to charge and Ohio, 1976, it is found and deter- erties and Law are authorized to accept fees to cover costs incurred mined that an easement interest in execute such other documents, in the preparation of loan docu- the following described property is including without limitation, con- ments, closing, and servicing costs. not needed for public use: tracts for right of entry, as may be Such fees shall be deposited into necessary to effect the construction Fund No. 14 and Fund 19. The rev- LEGAL DESCRIPTION OF A of the improvements. enues generated as a result of UTILITY CONNECTION EASEMENT Section 6. That this ordinance is charging fees are hereby appropri- FOR VILLAGE GREEN declared to be an emergency mea- ated for additional program and ELDERLY L.L.C. sure and, provided it receives the operating expenses for Housing Situated in the City of Cleveland, affirmative vote of two-thirds of all Trust Fund activities. County of Cuyahoga and State of the members elected to Council, it Section 6. That this ordinance is Ohio and known as being part a par- shall take effect and be in force declared to be an emergency mea- cel of land conveyed to the City of immediately upon its passage and sure and, provided it receives the Cleveland and known as Duggan approval by the Mayor; otherwise it affirmative vote of two-thirds of all Park by deed recorded in Volume shall take effect and be in force the members elected to Council, it 7070, Page 565 of Cuyahoga County from and after the earliest period shall take effect and be in force Records, further bounded and de- allowed by law. immediately upon its passage and scribed as follows: Passed June 9, 2008. approval by the Mayor; otherwise it Beginning at the intersection of Effective June 16, 2008. shall take effect and be in force the centerline of Olympia Avenue from and after the earliest period NE, 80 feet wide with the centerline allowed by law. of Avalon Road NE, 50 feet wide, Passed June 9, 2008. thence along the centerline of Ord. No. 761-08. Effective June 16, 2008. Olympia Avenue, North 48° 47' 53" By Council Members Pierce Scott East a distance of 212.04 feet to its and Sweeney (by departmental re- terminus point, said point also being quest). on the southwesterly line of said An emergency ordinance authoriz- Ord. No. 763-08. Duggan Park parcel, said point ing the Director of Community De- By Council Members Pierce Scott being the Principal Place of Begin- velopment to enter into one or more and Sweeney (by departmental re- ning; contracts with various housing de- quest). Thence along said southwesterly velopment entities, or their desig- An emergency ordinance authoriz- line of Duggan Park parcel bearing nees, to implement the Housing ing the Director of Community De- North 44° 50' 28" West a distance of Trust Fund Program, for costs asso- velopment to enter into or amend 40.08 feet to a point; ciated with various housing activi- contracts with various agencies to Thence North 48 ° 47' 53" East a ties. provide housing, commercial, indus- distance of 60.00 feet to a point; Whereas, this ordinance consti- trial and real estate development Thence South 44° 50' 28" East a tutes an emergency measure provid- activities. distance of 80.16 feet to a point on ing for the usual daily operation of Whereas, this ordinance consti- 1290 June 18, 2008 The City Record 65 tutes an emergency measure provid- rized to enter into or amend con- Whereas, this ordinance consti- ing for the usual daily operation of tracts with various agencies to pro- tutes an emergency measure provid- a municipal department; now, there- vide social service programs. ing for the usual daily operation of fore, Section 2. That the Director of a municipal department; now, there- Be it ordained by the Council of Community Relations is authorized fore, the City of Cleveland: to enter into or amend contracts Be it ordained by the Council of Section 1. That the Director of with various non-profit agencies to the City of Cleveland: Community Development is autho- provide youth at risk programs. Section 1. That the Director of rized to enter into or amend con- Section 3. That, notwithstanding Economic Development is autho- tracts with various agencies to pro- and as an exception to the provi- rized to apply for and accept a vide housing, commercial, industrial sions of Chapters 181 and 183 of the grant from the United States Envi- and real estate development activi- Codified Ordinances of Cleveland, ronmental Protection Agency (“US ties. Ohio, 1976, and as amended, the EPA”) in an amount up to $200,000, Section 2. That the cost of the con- Director of Parks, Recreation and for the redevelopment of the Cres- tracts authorized in this ordinance Properties is authorized to lease cent Avenue Industrial-Commercial shall not exceed $1,873,000.00, and from the Greater New Calvary Bap- Land Bank Property located at 3418 shall be paid from Fund No. 14 SF tist Church, a gym located at 822 Crescent Avenue, to be used to 034, Request No. 178637. East 150th Street, Cleveland, Ohio, implement the project as described Section 3. That the Director of for a period of one year. in the executive summary below; Community Development is autho- Section 4. That the rent for the that the Director is authorized to rized to accept program income and lease shall be $9,900 per year; that file all papers and execute all doc- use this and other program income the lease may provide for the City uments necessary to receive the to finance additional housing, com- to pay for the installation and oper- funds under the grant; and that the mercial, industrial, real estate devel- ating cost of utility services to the funds are appropriated for the pur- opment and other CDBG eligible leased premises; that the lease shall poses described in the executive activities, and the program income be for the purpose of providing a summary for the grant contained in is appropriated for those purposes. facility for recreation activities; and the file described below. Section 4. That the Director of that the lease shall be prepared by Section 2. That the executive sum- Community Development is autho- the Director of Law. mary for the grant, File No. 766-08- rized to enter into or amend con- Section 5. That the Director of B, made a part of this ordinance as tracts with the agencies administer- Community Development is autho- if fully rewritten, as presented to ing the housing, commercial, indus- rized to enter into Memoranda of the Finance Committee of this Coun- trial and real estate activities that Understandings with the Directors cil at the public hearing on this leg- generated program income in an of Community Relations and Parks, islation, is approved in all respects amount not to exceed that generat- Recreation and Properties for the and shall not be changed without ed program income and to be paid purposes described in this ordi- additional legislative authority. from the revolving fund in Fund 14. nance. Section 3. That the Director of Section 5. That the Director of Section 6. That the Director of Economic Development is autho- Community Development is autho- Community Development is autho- rized to employ by contract or con- rized to enter into or amend con- rized to accept program income and tracts one or more consultants or tracts with for-profit or non-profit use this and other program income one or more firms of consultants for organizations serving as the fiscal to finance additional social service the purpose of supplementing the agent for the various agencies to activities and the program income is regularly employed staff of the sev- provide housing, commercial, indus- appropriated for those purposes. eral departments of the City of trial, and real estate development Section 7. That the total cost of the activities. contracts authorized by this ordi- Cleveland in order to provide pro- Section 6. That this ordinance is nance shall not exceed $1,800,000.00 fessional services necessary to pre- declared to be an emergency mea- and shall be paid from Fund Nos. 14 pare a cleanup plan, manage the sure and, provided it receives the SF 034, Request No. 178638. site, and implement the cleanup, affirmative vote of two-thirds of all Section 8. That this ordinance is including but not limited to, soil the members elected to Council, it declared to be an emergency mea- removal and sampling. shall take effect and be in force sure and, provided it receives the The selection of the consultants immediately upon its passage and affirmative vote of two-thirds of all for the services shall be made by approval by the Mayor; otherwise it the members elected to Council, it the Director of Economic Develop- shall take effect and be in force shall take effect and be in force ment from a list of qualified con- from and after the earliest period immediately upon its passage and sultants available for employment allowed by law. approval by the Mayor; otherwise it as may be determined after a full Passed June 9, 2008. shall take effect and be in force and complete canvass by the Direc- Effective June 16, 2008. from and after the earliest period tor of Economic Development for the allowed by law. purpose of compiling a list. The con- Passed June 9, 2008. tract or contracts authorized shall Effective June 16, 2008. be prepared by the Director of Law, Ord. No. 764-08. approved by the Director of Eco- By Council Members Coats, John- nomic Development, and certified by son, Pierce Scott and Sweeney (by the Director of Finance. departmental request). Ord. No. 766-08. Section 4. That, under Section 167 An emergency ordinance authoriz- By Council Members Zone, Pierce of the Charter of the City of Cleve- ing the Director of Community Scott, Cimperman and Sweeney (by land, this Council determines to Development and other Directors of departmental request). make the public improvement of City Departments to enter into con- An emergency ordinance authoriz- implementing the clean-up, for the tract with various agencies to pro- ing the Director of Economic Devel- Department of Economic Develop- vide social service programs, autho- opment to apply for and accept a ment, by one or more contracts duly rizing the Director of Community grant from the United States Envi- let to the lowest responsible bidder Development to enter into Memo- ronmental Protection Agency for re- or bidders after competitive bidding randa of Understanding with the development of the Crescent Avenue on a unit basis for the improvement. various Directors of City Depart- Industrial-Commercial Land Bank Section 5. That the Director of ments, and authorizing the Director Property located at 3418 Crescent Economic Development is autho- of Parks, Recreation and Properties Avenue; authorizing the Director of rized to enter into one or more con- to lease space from the Greater New Economic Development to employ tracts for the making of the public Calvary Baptist Church to provide one or more professional consultants improvement with the lowest facilities for recreation activities. to prepare a cleanup plan, manage responsible bidder or bidders after Whereas, this ordinance consti- the site, and implement the cleanup, competitive bidding on a unit basis tutes an emergency measure provid- including but not limited to, soil for the improvement, provided, how- ing for the usual daily operation of removal and sampling; determining ever, that each separate trade and a municipal department; now, there- the method of making the public each distinct component part of the fore, improvement of implementing the improvement may be treated as a Be it ordained by the Council of cleanup; and authorizing the Direc- separate improvement, and each, or the City of Cleveland: tor to enter into one or more public any combination, of the trades or Section 1. That the Director of improvement contracts for the mak- components may be the subject of a Community Development is autho- ing of the improvement. separate contract on a unit basis. 1291 66 The City Record June 18, 2008

Section 6. That the cost of the con- shall take effect and be in force P. P. No. 125-18-009 tract or contracts authorized will be from and after the earliest period Situated in the City of Cleveland, paid from the fund or subfunds that allowed by law. County of Cuyahoga, and State of are credited the proceeds of the Passed June 9, 2008. Ohio, and known as being Sublot No. grant accepted under this ordinance, Effective June 16, 2008. 9 in John Rock’s Subdivision of part and from any other fund or funds of Original One Hundred Acre Lot appropriated for this purpose. Nos. 327 and 330, as shown by the Section 7. That this ordinance is recorded plat in Volume 8 of Maps, declared to be an emergency mea- Ord. No. 772-08. Page 3 of Cuyahoga County sure and, provided it receives the By Council Member Cleveland. Records, and being 40 feet front on affirmative vote of two-thirds of all An emergency ordinance authoriz- the Westerly side of East 75th the members elected to Council, it ing the sale of real property as part Street, (formerly Maplegrove Street), shall take effect and be in force of the Land Reutilization Program and extending back of equal width immediately upon its passage and and located on scattered sites to 125 feet to a 10 foot alley in the approval by the Mayor; otherwise it Cuyahoga Metropolitan Housing rear, as appears by said plat, be the shall take effect and be in force Authority. same more or less but subject to all from and after the earliest period Whereas, the City of Cleveland legal highways. allowed by law. adopted and implemented proce- Also subject to zoning ordinances, Passed June 9, 2008. dures under Chapter 5722 of the if any. Effective June 16, 2008. Ohio Revised Code to facilitate re- Section 5. That under Section utilization of nonproductive lands 183.021 of the Codified Ordinances of Cleveland, Ohio 1976, the Commis- situated within the City of Cleve- sioner of Purchases and Supplies is land; and authorized to sell the real property, Ord. No. 770-08. Whereas, real property acquired more fully described below, to Cuya- By Council Members Zone, Cim- under the City’s Land Reutilization hoga Metropolitan Housing Authori- perman and Sweeney (by depart- Program is acquired, held, adminis- mental request). ty. tered and disposed of by the City of Section 6. That the real property An emergency ordinance authoriz- Cleveland through its Department of ing the Director of Public Utilities to be sold pursuant to this Ordi- Community Development under the nance is more fully described as fol- to enter into an agreement to lease terms of Chapter 5722 of the Ohio lows: to Case Western Reserve University Revised Code and Section 183.021 of property located on the Kirtland Codified Ordinances of the City of P. P. No. 125-18-016 Intake Crib for the purpose of con- Cleveland, 1976; and Situated in the City of Cleveland, ducting wind and environmental Whereas, this ordinance consti- County of Cuyahoga, and State of studies and maintaining the wind tutes an emergency measure provid- Ohio, and known as being the monitoring data and equipment for ing for the usual daily operation of Southerly 10 feet of Sublot No. 49 a period of two years. a municipal department; now, there- and the Northerly 20 feet of Sublot Whereas, this ordinance consti- fore, No. 48 in John Rock’s Subdivision of tutes an emergency measure provid- Be it ordained by the Council of a part of Original One Hundred Acre ing for the usual daily operation of the City of Cleveland: Lot Nos. 327 and 330, and being a a municipal department; now, there- Section 1. That under Section parcel of land having a frontage of fore, 183.021 of the Codified Ordinances of 30 feet on East 73rd Street, (for- Be it ordained by the Council of Cleveland, Ohio 1976, the Commis- merly Dickerman Street), and the City of Cleveland: sioner of Purchases and Supplies is extending back of equal width 125 Section 1. That notwithstanding authorized to sell the real property, feet deep, as per plat of said Subdi- and as an exception to the provi- more fully described below, to Cuya- vision recorded in Volume 8 of sions of Chapters 181 and 183 of the hoga Metropolitan Housing Authori- Maps, Page 3 of Cuyahoga County Codified Ordinances of Cleveland, ty. Records, be the same more or less, Ohio, 1976, the Director of Public but subject to all legal highways. Utilities is authorized to enter into Section 2. That the real property to be sold pursuant to Section 1 of Subject to zoning ordinances, if an agreement to lease to Case West- any. ern Reserve University property this Ordinance is more fully described as follows: Section 7. That under Section located on the Kirtland Intake Crib 183.021 of the Codified Ordinances of for the purpose of conducting wind Cleveland, Ohio 1976, the Commis- P. P. No. 125-18-006 and environmental studies and sioner of Purchases and Supplies is Situated in the City of Cleveland, maintaining the wind monitoring authorized to sell the real property, County of Cuyahoga and State of data and equipment for a period of more fully described below, to Cuya- Ohio: And known as being the two years. hoga Metropolitan Housing Authori- Southerly 7 feet of Sublot No. 5 and Section 2. That the property de- ty. scribed above shall be leased at a the Northerly 31 8/12 feet of Sublot Section 8. That the real property rental of $1.00 and other valuable No. 6 in John Rock’s Allotment of to be sold pursuant to this Ordi- considerations for the entire length part of Original One Hundred Acre nance is more fully described as fol- of the term, which is determined to Lot Nos. 327 and 330, as shown by lows: be fair market value. the recorded plat of said Allotment Section 3. That the lease may in Volume 8 of Maps, Page 3 of P. P. No. 125-18-018 authorize Case Western Reserve Cuyahoga County Records. Said part Situated in the City of Cleveland, University to make improvements to of Sublot No. 5 and part of Sublot County of Cuyahoga and State of the leased premises subject to the No. 6 together form a parcel of land Ohio and known as being Sublot No. approval of appropriate City agen- having a frontage of 38 8/12 feet on 50 in John Rock’s Subdivision of cies and officials. the Westerly side of East 75th Street part of Original 100 Acre Lots Nos. Section 4. That the lease shall be (formerly Herald Street), and ex- 327 and 330 as shown by the record- prepared by the Director of Law. tending back between parallel lines ed plat in Volume 8 of Maps, Page Section 5. That the Director of 125 feet, as appear by said plat, be 3 of Cuyahoga County Records, and Public Utilities, the Director of Law, the same plat be the same more or being 40 feet front on the Easterly and other appropriate City officials less but subject to all legal high- side of East 73rd Street (formerly are authorized to execute any other ways. Dickerman Avenue) and extending documents and certificates, and take Section 3. That under Section back of equal width 125 feet, as any other actions which may be nec- 183.021 of the Codified Ordinances of appears by said plat, be the same essary or appropriate to effect the Cleveland, Ohio 1976, the Commis- more or less, but subject to all legal lease authorized by this ordinance. sioner of Purchases and Supplies is highways. Section 6. That this ordinance is authorized to sell the real property, Section 9. That under Section declared to be an emergency mea- more fully described below, to Cuya- 183.021 of the Codified Ordinances of sure and, provided it receives the hoga Metropolitan Housing Authori- Cleveland, Ohio 1976, the Commis- affirmative vote of two-thirds of all ty. sioner of Purchases and Supplies is the members elected to Council, it Section 4. That the real property authorized to sell the real property, shall take effect and be in force to be sold pursuant to this Ordi- more fully described below, to Cuya- immediately upon its passage and nance is more fully described as fol- hoga Metropolitan Housing Authori- approval by the Mayor; otherwise it lows: ty. 1292 June 18, 2008 The City Record 67

Section 10. That the real property sioner of Purchases and Supplies is more fully described below, to Cuya- to be sold pursuant to this Ordi- authorized to sell the real property, hoga Metropolitan Housing Authori- nance is more fully described as fol- more fully described below, to Cuya- ty. lows: hoga Metropolitan Housing Authori- Section 20. That the real property ty. to be sold pursuant to this Ordi- P. P. No. 125-18-019 Section 16. That the real property nance is more fully described as fol- Situated in the City of Cleveland, to be sold pursuant to this Ordi- lows: County of Cuyahoga and State of nance is more fully described as fol- Ohio: And known as being Sublot lows: P. P. No. 125-19-004 No. 75 in Rock and Parker’s Subdi- Situated in the City of Cleveland, vision of part of Original One Hun- P. P. No. 125-18-036 County of Cuyahoga and State of dred Acre Lot No. 326, as shown by Situated in the City of Cleveland, Ohio and known as being Sublot No. the recorded plat of said Subdivision County of Cuyahoga and State of 66 in Whiting and Burt’s Subdivision in Volume 8 of Maps, Page 17 of Ohio, and known as being part of of part of Original One Hundred Cuyahoga County Records and Sublot No. 55 in Rock and Parker’s Acre Lot No. 327, as shown by the being 40 feet front on the Westerly Subdivision of part of Original One recorded plat in Volume 5 of Maps, side of East 71st Street (formerly Hundred Acre Lot No. 326 as record- Page 6 of Cuyahoga County “B” street); 122 feet 8 inches deep on ed in Volume 8 of Maps, Page 17 of Records, and being 40 feet front on the Northerly line, 123 feet 5 inches Cuyahoga County Records, bounded the Westerly side of East 78th Street deep on the Southerly line, and 40 as follows: (formerly Rutland Street) and feet wide in the rear, as appears by Beginning in the Southerly line of extending back of equal width 135 said plat, be the same more or less, Roy Avenue, S.E., at the Northwest- feet, as appears by said plat. but subject to all legal highways. erly corner of said Sublot No. 55; Subject to zoning ordinances, if Also, subject to zoning ordinances, thence Easterly along the Southerly any. if any. line of Roy Avenue, S.E., 31.50 feet; Section 21. That under Section Section 11. That under Section thence Southerly parallel with the 183.021 of the Codified Ordinances of 183.021 of the Codified Ordinances of Westerly line of said Sublot, 54.00 Cleveland, Ohio 1976, the Commis- Cleveland, Ohio 1976, the Commis- feet; thence Southwesterly 36.94 feet sioner of Purchases and Supplies is sioner of Purchases and Supplies is to a point distant Southerly at right authorized to sell the real property, authorized to sell the real property, angles, 82.50 feet from the Souther- more fully described below, to Cuya- more fully described below, to Cuya- ly line of Roy Avenue, S.E., and 8.00 hoga Metropolitan Housing Authori- hoga Metropolitan Housing Authori- feet Easterly at right angles from ty. ty. the Westerly line of said Sublot; Section 22. That the real property Section 12. That the real property thence Westerly at right angles to be sold pursuant to this Ordi- to be sold pursuant to this Ordi- with the Westerly line of said nance is more fully described as fol- nance is more fully described as fol- Sublot 82.50 feet to the beginning, lows: lows: according to the survey of Charles W. Root, Registered Professional P. P. No. 125-19-006 P. P. No. 125-18-020 Engineer and Surveyor, be the same Situated in the City of Cleveland, Situated in the City of Cleveland, more or less, but subject to all legal County of Cuyahoga and State of County of Cuyahoga and State of highways. Ohio and known as being Sublot 64 Ohio, and known as being Lot No. Also subject to all zoning ordi- in Whiting’s and Burt’s Allotment of 74 in John Rock and James Parker’s nances, if any. part of Original Lot No. 327, and Subdivision of part of Original One Section 17. That under Section being 40 feet frontage on Rutland Hundred Acre Lot No. 326, as shown 183.021 of the Codified Ordinances of Street (East 78th Street) and ex- by the recorded plat in Volume 8 of Cleveland, Ohio 1976, the Commis- tending back to a depth of 135 feet, Maps, Page 17 of Cuyahoga County sioner of Purchases and Supplies is as according to plat of said Allot- Records, and being 40 feet front on authorized to sell the real property, ment, recorded in Volume 5 of Maps, the Westerly side of East 71st Street more fully described below, to Cuya- Page 6 of Cuyahoga County and extending back of equal width, hoga Metropolitan Housing Authori- Records, be the same more or less, 123 feet, 5 inches deep on the ty. but subject to all legal highways. Also subject to zoning ordinances, Northerly line, 124 feet 2 inches deep Section 18. That the real property if any. on the Southerly line and 40 feet to be sold pursuant to this Ordi- Section 23. That under Section wide in the rear, be the same more nance is more fully described as fol- 183.021 of the Codified Ordinances of or less, but subject to all legal high- lows: Cleveland, Ohio 1976, the Commis- ways. sioner of Purchases and Supplies is Section 13. That under Section P. P. No. 125-18-039 authorized to sell the real property, 183.021 of the Codified Ordinances of Situated in the City of Cleveland, more fully described below, to Cleveland, Ohio 1976, the Commis- County of Cuyahoga and State of Cuyahoga Metropolitan Housing sioner of Purchases and Supplies is Ohio and known as being Sub / Lot Authority. authorized to sell the real property, No. 58 in John Rock and Jas. Park- Section 24. That the real property more fully described below, to Cuya- er’s Subdivision of part of Original to be sold pursuant to this Ordi- hoga Metropolitan Housing Authori- One Hundred Acre Lot No. 326, as nance is more fully described as fol- ty. shown by the recorded plat, in Vol- lows: Section 14. That the real property ume 8 of Maps, Page 17 of Cuyahoga to be sold pursuant to this Ordi- County Records; and being 40 feet P. P. No. 125-19-020 nance is more fully described as fol- front on the Southerly side of Roy Situated in the City of Cleveland, lows: Avenue (formerly “C” Street), and County of Cuyahoga and State of extending back 153 feet 7 inches on Ohio and known as being Sublot No. P. P. No. 125-18-032 the Easterly line, 155 feet 1-1 1/4 51 in Whiting and Burt’s Allotment Situated in the City of Cleveland, inches on the Westerly line and hav- of part of Original Lot No. 327 in County of Cuyahoga and State of ing a rear line of 40 feet 3/8ths of said City as per plat of said Allot- Ohio, and known as being Sublot No. an inch as appears by said plat, be ment recorded in Volume 5 of Maps, 71 in John Rock and James Parker the same more or less, but subject Page 6 of Cuyahoga County Allotment of a part of Original 100 to all legal highways. Records, be the same more or less, Acre Lot No. 326, as shown by the Also subject to zoning ordinances, but subject to all legal highways. recorded Plat in Volume 8 of Maps, if any. Also subject to zoning ordinances, Page 17 of Cuyahoga County SUBJECT TO: Restrictions, Terms if any. Records and being 40 feet front on and Conditions contained in the Section 25. That under Section the Northerly side of Roy Avenue, Urban Renewal Plan for Garden 183.021 of the Codified Ordinances of S.E. (formerly C Street), and ex- Valley Urban Renewal Project No. 1 Cleveland, Ohio 1976, the Commis- tending back of equal width 125 feet contained in Ordinance No. 2786-55 sioner of Purchases and Supplies is as appears by said plat, be the same recited in Volume 108, Page 1 of authorized to sell the real property, more or less, but subject to all legal Cuyahoga County Records filed more fully described below, to Cuya- highways. 7/3/64. hoga Metropolitan Housing Authori- Also subject to zoning ordinances, Section 19. That under Section ty. if any. 183.021 of the Codified Ordinances of Section 26. That the real property Section 15. That under Section Cleveland, Ohio 1976, the Commis- to be sold pursuant to this Ordi- 183.021 of the Codified Ordinances of sioner of Purchases and Supplies is nance is more fully described as fol- Cleveland, Ohio 1976, the Commis- authorized to sell the real property, lows: 1293 68 The City Record June 18, 2008

P. P. No. 125-19-022 Ohio, and known as being Sublot No. from and after the earliest period Situated in the City of Cleveland, 76 in Whiting and Hurts Allotment, allowed by law. County of Cuyahoga and State of of part of Original One Hundred Passed June 9, 2008. Ohio and known as being Sublot No. Acre Lot No. 327 as shown by the- Effective June 16, 2008. 49 in E. R. Whiting and C. H. Burt’s recorded plat of said Allotment in Allotment of part of Original 100 Volume 5 of Maps, Page 6 of Cuya- Acre Lot No. 327 as shown by the hoga County Records. Said Sublot recorded plat in Volume 5 of Maps, No. 76 has a frontage of 40 feet on Ord. No. 773-08. Page 6 of Cuyahoga County the Easterly side of East 78th Street By Council Member Pierce Scott. Records, and being 40 feet front on (formerly Rutland St.) and extends An emergency ordinance authoriz- the Easterly side of East 77th Street back 138 feet 10 inches on the ing the sale of real property as part (formerly Wabash Street) and Southerly line, 139 feet on the of the Land Reutilization Program extending back of equal width 135 Northerly line and has a rear line of and located on Pierpont Avenue to feet deep, as appears by said plat, 40 feet, as appears by said plat. Kimberly Y. Dowdell. be the same more or less, but sub- Section 33. That under Section Whereas, the City of Cleveland ject to all legal highways. 183.021 of the Codified Ordinances of has elected to adopt and implement Also subject to zoning ordinances, Cleveland, Ohio 1976, the Commis- the procedures under Chapter 5722 if any. sioner of Purchases and Supplies is of the Ohio Revised Code to facili- Section 27. That under Section authorized to sell the real property, tate reutilization of nonproductive 183.021 of the Codified Ordinances of more fully described below, to Cuya- lands situated within the City of Cleveland, Ohio 1976, the Commis- hoga Metropolitan Housing Authori- Cleveland; and sioner of Purchases and Supplies is ty. Whereas, real property acquired authorized to sell the real property, Section 34. That the real property under the City’s Land Reutilization more fully described below, to Cuya- to be sold pursuant to this Ordi- Program is acquired, held, adminis- hoga Metropolitan Housing Authori- nance is more fully described as fol- tered and disposed by the City of ty. lows: Cleveland through its Department of Section 28. That the real property Community Development under the to be sold pursuant to this Ordi- P. P. No. 127-01-060 terms of Chapter 5722 of the Ohio nance is more fully described as fol- Situated in the City of Cleveland, Revised Code and Section 183.021 of lows: County of Cuyahoga and State of Codified Ordinances of the City of Ohio and known as being the Cleveland, 1976; and P. P. No. 125-19-033 Southerly 20 feet of Sublot No. 78 Whereas, this ordinance consti- Situated in the City of Cleveland, and the Northerly 10 feet of Sublot tutes an emergency measure provid- County of Cuyahoga and State of No. 79, in the Whiting and Burt’s ing for the usual daily operation of Ohio and known as being Sublot No. Allotment of part of Original One a municipal department; now, there- 32 in E.R. Whiting and G.H. Burt’s Hundred Acre Lot No. 327 as shown fore, Allotment of part of Original 100 by the recorded in Volume 5 of Be it ordained by the Council of Acre Lot No. 327 as shown by the Maps, Page 6 of Cuyahoga County the City of Cleveland: recorded plat in Volume 5 of Maps, Records, and together forming a Section 1. That under Section Page 6 of Cuyahoga County parcel of land having a frontage of 183.021 of the Codified Ordinances of Records, refer to previous deed Vol- 30 feet on the Easterly side of East Cleveland, Ohio 1976, the Commis- ume 89-3924, Page 37, be the same 78th Street (formerly Rutland sioner of Purchases and Supplies is more or less, but subject to all legal Street) and extending back of equal authorized to sell the real property, highways. width about 138 7/12 feet, as more fully described below, to Kim- Section 29. That under Section appears by said plat. berly Y. Dowdell. 183.021 of the Codified Ordinances of Section 35. That all documents Section 2. That the real property Cleveland, Ohio 1976, the Commis- necessary to complete the con- to be sold pursuant to this ordinance sioner of Purchases and Supplies is veyance authorized by this ordi- is more fully described as follows: authorized to sell the real property, nance shall be executed within six more fully described below, to Cuya- (6) months of the effective date of P. P. No. 109-04-051 hoga Metropolitan Housing Authori- this ordinance. If all of the docu- Situated in the City of Cleveland, ty. ments are not executed within six County of Cuyahoga and State of Section 30. That the real property (6) months of the effective date of Ohio, and known as being all of to be sold pursuant to this Ordi- this ordinance, or such additional Sublot No. 488 and the Westerly 10 nance is more fully described as fol- time as may be granted by the feet of Sublot No. 489 in Superior lows: Director of Community Develop- Park Subdivision No. 3 of part of ment, this ordinance shall be Original One Hundred Acre Lot No. P. P. No. 125-19-038 repealed and shall be of no further 377, and being 50 feet front on the Situated in the City of Cleveland, force or effect. Southerly side of Pierpont Avenue, County of Cuyahoga, and State of Section 36. That the consideration as shown by the recorded plat in Ohio, and known as being Sublet No. for the subject parcel shall be estab- Volume 37 of Maps, Page 17 of Cuya- 18 in the Whiting and Hurt’s Subdi- lished by the Board of Control and hoga County Records. vision of part of Original One Hun- shall be not less than Fair Market Also subject to all zoning ordi- dred Acre Lot No. 327, as shown by Value taking into account such nances, if any. the recorded plat of said Subdivision terms and conditions, restrictions Section 3. That all documents nec- in Volume 5 of Maps, Page 6 of and covenants as are deemed nec- essary to complete the conveyance Cuyahoga County Records. Said essary or appropriate. authorized by this ordinance shall Sublot No. 18 has a frontage of 40 Section 37. That the conveyance be executed within six (6) months feet on the Easterly side of East authorized hereby shall be made by of the effective date of this ordi- 75th Street, (formerly Herads official deed prepared by the Direc- nance. If all of the documents are Street), and extends back between tor of Law and executed by the not executed within six (6) months parallel lines 135 feet, as appears by Mayor on behalf of the City of of the effective date of this ordi- said plat, be the same more or less, Cleveland. The deed shall contain nance, or such additional time as but subject to all legal highways. such provisions as may be necessary may be granted by the Director of Section 31. That under Section to protect and benefit the public Community Development, this ordi- 183.021 of the Codified Ordinances of interest including such restrictive nance shall be repealed and shall be Cleveland, Ohio 1976, the Commis- covenants and reversionary inter- of no further force or effect. sioner of Purchases and Supplies is ests as may be specified by the Section 4. That the consideration authorized to sell the real property, Board of Control, the Director of for the subject parcel shall be estab- more fully described below, to Cuya- Community Development or the lished by the Board of Control and hoga Metropolitan Housing Authori- Director of Law. shall be not less than Fair Market ty. Section 38. That this ordinance is Value taking into account such Section 32. That the real property hereby declared to be an emergency terms and conditions, restrictions to be sold pursuant to this Ordi- measure and, provided it receives and covenants as are deemed nec- nance is more fully described as fol- the affirmative vote of two-thirds of essary or appropriate. lows: all the members elected to Council, Section 5. That the conveyance it shall take effect and be in force authorized hereby shall be made by P. P. No. 127-01-057 immediately upon its passage and official deed prepared by the Direc- Situated in the City of Cleveland, approval by the Mayor; otherwise it tor of Law and executed by the County of Cuyahoga and State of shall take effect and be in force Mayor on behalf of the City of 1294 June 18, 2008 The City Record 69

Cleveland. The deed shall contain lipse work management system soft- shall take effect and be in force such provisions as may be necessary ware, including related third-party from and after the earliest period to protect and benefit the public software components that together allowed by law. interest including such restrictive comprise the system, for the Divi- Passed June 9, 2008. covenants and reversionary inter- sion of Water, for a period not to Effective June 16, 2008. ests as may be specified by the exceed one year. Board of Control, the Director of Whereas, this ordinance consti- Community Development or the tutes an emergency measure provid- Director of Law. ing for the usual daily operation of Ord. No. 808-08. Section 6. That this ordinance is a municipal department; now, there- By Council Members Zone and hereby declared to be an emergency fore, Sweeney (by departmental request). measure and, provided it receives Be it ordained by the Council of An emergency ordinance author- the affirmative vote of two-thirds of the City of Cleveland: izing the Director of Public Utilities all the members elected to Council, Section 1. That the Director of to enter into professional services it shall take effect and be in force Public Utilities is authorized to contracts, purchase contracts and immediately upon its passage and enter into one or more contracts requirement contracts to obtain mar- approval by the Mayor; otherwise it with Mincom for professional ser- keting and advertising services, shall take effect and be in force vices necessary to provide mainte- materials, and equipment necessary from and after the earliest period nance and technical support of El- to promote and advertise the Divi- allowed by law. lipse work management system soft- sion of Cleveland Public Power, for Passed June 9, 2008. ware, including related third-party a period up to two years; and autho- rizing a bill credit to existing resi- Effective June 16, 2008. software components that together dential customers for referring new comprise the system, on the basis of customers. its proposal dated March 26, 2008, in Whereas, this ordinance consti- the total sum of $211,153, for the tutes an emergency measure provid- Ord. No. 805-08. Division of Water, for the Depart- ing for the usual daily operation of By Council Members Zone and ment of Public Utilities. The con- a municipal department; now, there- Sweeney (by departmental request). tracts or contracts shall be paid fore, An emergency ordinance author- from Fund No. 52 SF 001, Request Be it ordained by the Council of izing the Director of Public Utilities No. 182062. the City of Cleveland: to enter into one or more contracts Section 2. That this ordinance is Section 1. That the Director of with Cleveland Housing Network for declared to be an emergency mea- Public Utilities is authorized to professional services necessary to sure and, provided it receives the employ by contract or contracts one provide administration and other affirmative vote of two-thirds of all or more consultants or one or more related services for the Division of the members elected to Council, it firms of consultants for the purpose Water’s discount affordability pro- shall take effect and be in force of supplementing the regularly em- gram, for a period of one year, with immediately upon its passage and ployed staff of the several depart- one option to renew, exercisable by approval by the Mayor; otherwise it ments of the City of Cleveland in the Director of Public Utilities. shall take effect and be in force order to provide marketing, promo- Whereas, this ordinance consti- from and after the earliest period tional, and advertising services nec- tutes an emergency measure provid- allowed by law. essary to promote and advertise the ing for the usual daily operation of Passed June 9, 2008. Division of Cleveland Public Power, a municipal department; now, there- Effective June 16, 2008. for a period up to two years. fore, The selection of the consultants Be it ordained by the Council of for the services shall be made by the City of Cleveland: the Board of Control on the nomi- Section 1. That the Director of Ord. No. 807-08. nation of the Director of Public Util- Public Utilities is authorized to By Council Members Zone and ities from a list of qualified consul- enter into one or more contracts Sweeney (by departmental request). tants available for employment as with Cleveland Housing Network for An emergency ordinance author- may be determined after a full and professional services necessary to izing the Director of Public Utilities complete canvass by the Director of provide administration and other to enter into one or more contracts Public Utilities for the purpose of related services for the Division of with MWH Americas, Inc. for pro- compiling a list. The compensation Water’s discount affordability pro- fessional services necessary to pre- to be paid for the services shall be gram on the basis of its proposal pare an asset management assess- fixed by the Board of Control. The dated May 13, 2008, in the total sum ment of the Division of Water Pol- contract or contracts authorized of $159,009, for the Department of lution Control and to recommend shall be prepared by the Director of Public Utilities, for a period of one improvements. Law, approved by the Director of year, with one option to renew, exer- Whereas, this ordinance consti- Public Utilities, and certified by the cisable by the Director of Public tutes an emergency measure provid- Director of Finance. Utilities. The contract or contracts ing for the usual daily operation of Section 2. That the Director of Pub- shall be paid from Fund No. 52 SF a municipal department; now, there- lic Utilities is authorized to make 001, Request No. 182054. fore, one or more written requirement contracts under the Charter and the Section 2. That this ordinance is Be it ordained by the Council of Codified Ordinances of Cleveland, declared to be an emergency mea- the City of Cleveland: Ohio, 1976, for the requirements for sure and, provided it receives the Section 1. That the Director of a period up to two years of the nec- affirmative vote of two-thirds of all Public Utilities is authorized to essary items of advertisements and the members elected to Council, it enter into one or more contracts marketing, promotional and adver- shall take effect and be in force with MWH Americas, Inc. for pro- tising services, materials, and equip- immediately upon its passage and fessional services necessary to pre- ment necessary to promote and approval by the Mayor; otherwise it pare an asset management assess- advertise the Division of Cleveland shall take effect and be in force ment of the Division of Water Pol- Public Power, in the approximate from and after the earliest period lution Control and to recommend amount as purchased during the pre- allowed by law. improvements on the basis of its ceding term, to be purchased by the Passed June 9, 2008. proposal dated April 25, 2008, in the Commissioner of Purchases and Sup- Effective June 16, 2008. total sum of $50,000, for the Depart- plies on a unit basis for the Depart- ment of Public Utilities. The con- ment of Public Utilities. Bids shall tract or contracts shall be paid from be taken in a manner that permits Fund No. 54 SF 001, Request No. an award to be made for all items Ord. No. 806-08. 170751. as a single contract, or by separate By Council Members Zone and Section 2. That this ordinance is contract for each or any combina- Sweeney (by departmental request). declared to be an emergency mea- tion of the items as the Board of An emergency ordinance author- sure and, provided it receives the Control determines. Alternate bids izing the Director of Public Utilities affirmative vote of two-thirds of all for a period less than the specified to enter into one or more contracts the members elected to Council, it term may be taken if desired by the with Mincom for professional ser- shall take effect and be in force Commissioner of Purchases and Sup- vices necessary to provide mainte- immediately upon its passage and plies until provision is made for the nance and technical support of El- approval by the Mayor; otherwise it requirements for the entire term. 1295 70 The City Record June 18, 2008

Section 3. That the Director of Section 1. That, under Section 167 ondary sites, including water towers Public Utilities is further authorized of the Charter of the City of Cleve- and tanks and appurtenances; and to make one or more written con- land, this Council determines to authorizing the Director of Public tracts under the Charter and the make the public improvement of Utilities to enter into one or more Codified Ordinances of Cleveland, maintaining and repairing detention public improvement contracts for Ohio, 1976, for each or all of the fol- basins, detention facilities and the making of the improvement. lowing items: advertisements and structures, for the Division of Water Whereas, this ordinance consti- marketing, promotional, and adver- Pollution Control, Department of tutes an emergency measure provid- tising materials, equipment and ser- Public Utilities, by one or more pub- ing for the usual daily operation of vices and food, necessary to promote lic improvement requirement con- a municipal department; now, there- and advertise the Division of Cleve- tracts duly let to the lowest respon- fore, land Public Power for a period up sible bidder or bidders on a unit Be it ordained by the Council of to two years, to be purchased by the basis for the improvement. the City of Cleveland: Commissioner of Purchases and Sup- Section 2. That the Director of Section 1. That, under Section 167 plies on a unit basis, for the Public Utilities is authorized to of the Charter of the City of Cleve- Department of Public Utilities. make one or more written require- land, this Council determines to Section 4. That the costs of the ment contracts under the Charter make the public improvement of contract or contracts shall be and the Codified Ordinances of rehabilitating secondary sites, in- charged against the proper appro- Cleveland, Ohio, 1976, for the re- cluding water towers and tanks and priation accounts and the Director quirements for a one year period for appurtenances, for the Division of of Finance shall certify the amount the making of the above public im- Water, Department of Public Utili- of the initial purchase, which pur- provement with the lowest responsi- ties, by one or more contracts duly chase, together with all later pur- ble bidder or bidders after competi- let to the lowest responsible bidder chases, shall be made on order of tive bidding on a unit basis for the or bidders after competitive bidding the Commissioner of Purchases and improvement for a period not to for a gross price for the improve- Supplies under a requisition against exceed the specified term, purchased ment. the contract or contracts certified by by the Commissioner of Purchases Section 2. That the Director of the Director of Finance. (RL 169150) and Supplies on a unit basis for the Public Utilities is authorized to Section 5. That under Section Division of Water Pollution Control, enter into one or more contracts for 108(b) of the Charter, the purchases Department of Public Utilities. Bids the making of the public improve- authorized by this ordinance may be shall be taken in a manner that per- ment with the lowest responsible made through cooperative agree- mits an award to be made for all bidder or bidders after competitive ments using state procedures. The items as a single contract, or by sep- bidding for a gross price for the im- Director of Public Utilities may sign arate contract for each or any com- provement, provided, however, that all documents with the State of Ohio bination of the items as the Board each separate trade and each dis- or any of its political subdivisions of Control determines. Alternate tinct component part of the improve- that are necessary to make the pur- bids for a period less than the spec- ment may be treated as a separate chases, and may enter into one or ified term may be taken if desired improvement, and each, or any com- more contracts with the vendors by the Commissioner of Purchases bination, of the trades or compo- selected through that cooperative and Supplies until provision is made nents may be the subject of a sep- process. for the requirements for the entire arate contract for a gross price. On Section 6. That the Director of term. request of the director the contrac- Public Utilities may grant a bill Section 3. That the costs of the tor shall furnish a correct schedule credit to existing residential cus- contract or contracts shall be of unit prices, including profit and tomers of up to $20.00 for each refer- charged against the proper appro- overhead, for all items constituting ral and connection of a new Cleve- priation accounts and the Director units of the improvement. land Public Power residential cus- of Finance shall certify the amount Section 3. That the cost of the tomer. of the initial purchase, which pur- improvement authorized shall be Section 7. That the cost of the con- chase, together with all later pur- paid from Fund Nos. 52 SF 001, 52 tract or contracts authorized by this chases, shall be made on order of SF 229, 52 SF 231, 52 SF 235, and ordinance shall be paid from Fund the Commissioner of Purchases and from the fund and subfunds which No. 58 SF 001, Request No. 169150. Supplies under a requisition against are credited the proceeds of the sale Section 8. That this ordinance is the contract or contracts certified by of future waterworks revenue bonds declared to be an emergency mea- the Director of Finance. (RL 170735) issued for this purpose, Request No. sure and, provided it receives the Section 4. That under Section 182078. affirmative vote of two-thirds of all 108(b) of the Charter, the purchases Section 4. That this ordinance is the members elected to Council, it authorized by this ordinance may be declared to be an emergency mea- shall take effect and be in force made through cooperative agree- sure and, provided it receives the immediately upon its passage and ments using state procedures. The affirmative vote of two-thirds of all approval by the Mayor; otherwise it Director of Public Utilities may sign the members elected to Council, it shall take effect and be in force all documents with the State of Ohio shall take effect and be in force from and after the earliest period or any of its political subdivisions immediately upon its passage and allowed by law. that are necessary to make the pur- approval by the Mayor; otherwise it Passed June 9, 2008. chases, and may enter into one or shall take effect and be in force Effective June 16, 2008. more contracts with the vendors from and after the earliest period selected through that cooperative allowed by law. process. Passed June 9, 2008. Section 5. That this ordinance is Effective June 16, 2008. Ord. No. 809-08. declared to be an emergency mea- By Council Members Zone, Cim- sure and, provided it receives the perman and Sweeney (by depart- affirmative vote of two-thirds of all mental request). the members elected to Council, it Ord. No. 811-08. An emergency ordinance deter- shall take effect and be in force By Council Members Zone and mining the method of making the immediately upon its passage and Sweeney (by departmental request). public improvement of maintaining approval by the Mayor; otherwise it An emergency ordinance authoriz- and repairing detention basins, de- shall take effect and be in force ing the purchase by one or more tention facilities and structures and from and after the earliest period requirement contracts of materials authorizing the Director of Public allowed by law. necessary to melt snow and ice from Utilities to enter into one or more Passed June 9, 2008. pedestrian walkways at all facili- public improvement requirement Effective June 16, 2008. ties, for the Department of Public contracts for the making of the Utilities. improvement, for a period of one Whereas, this ordinance consti- year. tutes an emergency measure provid- Whereas, this ordinance consti- Ord. No. 810-08. ing for the usual daily operation of tutes an emergency measure provid- By Council Members Zone, Cim- a municipal department; now, there- ing for the usual daily operation of perman and Sweeney (by depart- fore, a municipal department; now, there- mental request). Be it ordained by the Council of fore, An emergency ordinance determin- the City of Cleveland: Be it ordained by the Council of ing the method of making the public Section 1. That the Director of the City of Cleveland: improvement of rehabilitating sec- Public Utilities is authorized to 1296 June 18, 2008 The City Record 71 make one or more written require- cil authorized the Director of Port Director of Port Control, without the ment contracts under the Charter Control to enter into Contract No. necessity of obtaining additional and the Codified Ordinances of 67546 with Hi-Lite Markings, Inc. for authority of this Council. The sec- Cleveland, Ohio, 1976, for the re- labor and materials necessary for ond of the one-year options to renew quirements for a period of one or painting and paint removal on road- may not be exercised without addi- two years of the necessary items of ways, runways, and other paved sur- tional legislative authority. materials necessary to melt snow faces for the various divisions of the Section 2. That under Section and ice from pedestrian walkways Department of Port Control; and 108(b) of the Charter, the purchases at all facilities, in the approximate Whereas, Ordinance No. 986-07 re- authorized by this ordinance may be amount as purchased during the pre- quires further legislation before exer- made through cooperative agree- ceding term, to be purchased by the cising the option to renew on this ments using state procedures. The Commissioner of Purchases and Sup- contract; and Director of Port Control may sign plies on a unit basis for the Depart- Whereas, this ordinance consti- all documents with the State of Ohio ment of Public Utilities. Bids shall tutes an emergency measure provid- or any of its political subdivisions be taken in a manner that permits ing for the usual daily operation of that are necessary to make the pur- an award to be made for all items a municipal department; now, there- chases, and may enter into one or as a single contract, or by separate fore, more contracts with the vendors contract for each or any combina- Be it ordained by the Council of selected through that cooperative tion of the items as the Board of the City of Cleveland: process. Control determines. Alternate bids Section 1. That the Director of Section 3. That the cost of the con- for a period less than the specified Port Control is authorized to exer- tract or contracts authorized shall term may be taken if desired by the cise the option to renew Contract be paid from Fund No. 60 SF 001, Commissioner of Purchases and Sup- No. 67546 for an additional year at Request No. 175218. plies until provision is made for the a cost not to exceed $1,600,000, with Section 4. That this ordinance is requirements for the entire term. Hi-Lite Markings, Inc. for labor and declared to be an emergency mea- The Director of Public Utilities is materials necessary for painting sure and, provided it receives the authorized to enter into one or more and paint removal on roadways, run- affirmative vote of two-thirds of all contracts with a term of two years ways, and other paved surfaces for the members elected to Council, it instead of one year when there is a the various divisions of the Depart- shall take effect and be in force financial advantage to the City. For ment of Port Control. This ordinance immediately upon its passage and purposes of this ordinance, a finan- constitutes the additional legislative cial advantage shall be determined approval by the Mayor; otherwise it authority required by Ordinance No. by the Director of Public Utilities by shall take effect and be in force 986-07 to exercise this option. comparing the bids received for both from and after the earliest period Section 2. That this ordinance is terms. allowed by law. declared to be an emergency mea- Section 2. That the costs of the Passed June 9, 2008. sure and, provided it receives the contract or contracts shall be Effective June 16, 2008. affirmative vote of two-thirds of all charged against the proper appro- the members elected to Council, it priation accounts and the Director shall take effect and be in force of Finance shall certify the amount of the initial purchase, which pur- immediately upon its passage and Ord. No. 816-08. chase, together with all later pur- approval by the Mayor; otherwise it By Council Members Conwell and chases, shall be made on order of shall take effect and be in force Sweeney (by departmental request). the Commissioner of Purchases and from and after the earliest period An emergency ordinance to amend Supplies under a requisition against allowed by law. the title of Ordinance No. 1687-06, the contract or contracts certified by Passed June 9, 2008. passed March 12, 2007, to supplement the Director of Finance. (RL 182066) Effective June 16, 2008. the ordinance by adding new Sec- Section 3. That under Section tions 6 and 7, and to renumber exist- 108(b) of the Charter, the purchases ing Section 6 to new Section 8, relat- authorized by this ordinance may be ing to authorizing the Director of Ord. No. 815-08. made through cooperative agree- Public Safety to apply for and ac- By Council Members Kelley and ments using state procedures. The cept a grant from the Ohio Depart- Sweeney (by departmental request). Director of Public Utilities may sign ment of Public Safety for the 2006 An emergency ordinance authoriz- all documents with the State of Ohio Metropolitan Medical Response Sys- ing the purchase by one or more or any of its political subdivisions tem. contracts of an elevator emergency that are necessary to make the pur- Whereas, this ordinance consti- phone system, and labor and mate- chases, and may enter into one or tutes an emergency measure provid- rials needed to replace and install more contracts with the vendors ing for the usual daily operation of the system at Cleveland Hopkins selected through that cooperative a municipal department; now, there- process. International Airport, for the De- fore, Section 4. That this ordinance is partment of Port Control, for a Be it ordained by the Council of declared to be an emergency mea- period of one year, with two one- the City of Cleveland: sure and, provided it receives the year options to renew, the second of Section 1. That the title of Ordi- affirmative vote of two-thirds of all which is exercisable through addi- the members elected to Council, it tional legislative authority. nance No. 1687-06, passed March 12, shall take effect and be in force Whereas, this ordinance consti- 2007, is amended to read as follows: immediately upon its passage and tutes an emergency measure provid- An emergency ordinance authoriz- approval by the Mayor; otherwise it ing for the usual daily operation of ing the Director of Public Safety to shall take effect and be in force a municipal department; now, there- apply for and accept a grant from from and after the earliest period fore, the Ohio Department of Public Safe- allowed by law. Be it ordained by the Council of ty for the 2006 Metropolitan Medical Passed June 9, 2008. the City of Cleveland: Response System; to enter into one Effective June 16, 2008. Section 1. That the Director of or more requirement contracts for Port Control is authorized to make materials, equipment, services, sup- one or more written contracts under plies, and training necessary to the Charter and the Codified Ordi- implement the program; and to enter Ord. No. 813-08. nances of Cleveland, Ohio, 1976, for into one or more contracts with By Council Members Kelley and each or all of the following items, Cuyahoga County to implement the Sweeney (by departmental request). for a period of one year, with two grant. An emergency ordinance authoriz- one-year options to renew: an eleva- Section 2. That the existing title ing the Director of Port Control to tor emergency phone system, and of Ordinance No. 1687-06, passed exercise an option to renew Contract labor and materials needed to re- March 12, 2007, is repealed. No. 67546 with Hi-Lite Markings, place and install the system at Section 3. That Ordinance No. 1687- Inc. for labor and materials neces- Cleveland Hopkins International Air- 06, passed March 12, 2007, is supple- sary for painting and paint removal port to be purchased by the Com- mented by adding new Sections 6 on roadways, runways, and other missioner of Purchases and Supplies and 7 to read as follows: paved surfaces for the various divi- for a gross price, for the Division of Section 6. That the Director of sions of the Department of Port Con- Cleveland Hopkins International Air- Public Safety is authorized to enter trol. port, Department of Port Control. into one or more contracts with Whereas, under Ordinance No. 986- The first of the one-year options to Cuyahoga County to implement the 07, passed July 11, 2007, this Coun- renew may be exercised by the grant during the grant term. 1297 72 The City Record June 18, 2008

Section 7. That the cost of the con- Ord. No. 819-08. nance shall be repealed and shall be tract or contracts shall be paid from By Council Member Brady. of no further force or effect. the fund or funds to which are cred- An emergency ordinance authoriz- Section 4. That the consideration ited the grant proceeds accepted ing the sale of real property as part for the subject parcel shall be estab- under this ordinance. of the Land Reutilization Program lished by the Board of Control and Section 4. That existing Section 6 and located on Bellaire Road to shall be not less than Fair Market of Ordinance No. 1687-06, passed Quan AM Temple of Vietnamese B. Value taking into account such March 12, 2007, is renumbered to Whereas, the City of Cleveland terms and conditions, restrictions new “Section 8”. has elected to adopt and implement and covenants as are deemed nec- Section 5. That this ordinance is the procedures under Chapter 5722 essary or appropriate. declared to be an emergency mea- of the Ohio Revised Code to facili- Section 5. That the conveyance sure and, provided it receives the tate reutilization of nonproductive authorized hereby shall be made by affirmative vote of two-thirds of all lands situated within the City of official deed prepared by the Direc- Cleveland; and the members elected to Council, it tor of Law and executed by the Whereas, real property acquired shall take effect and be in force Mayor on behalf of the City of under the City’s Land Reutilization immediately upon its passage and Cleveland. The deed shall contain Program is acquired, held, adminis- such provisions as may be necessary approval by the Mayor; otherwise it tered and disposed by the City of shall take effect and be in force to protect and benefit the public Cleveland through its Department of interest including such restrictive from and after the earliest period Community Development under the covenants and reversionary inter- allowed by law. terms of Chapter 5722 of the Ohio ests as may be specified by the Passed June 9, 2008. Revised Code and Section 183.021 of Board of Control, the Director of Effective June 16, 2008. Codified Ordinances of the City of Community Development or the Cleveland, 1976; and Director of Law. Whereas, this ordinance consti- Section 6. That this ordinance is tutes an emergency measure provid- hereby declared to be an emergency Ord. No. 818-08. ing for the usual daily operation of measure and, provided it receives By Council Members Johnson and a municipal department; now, there- the affirmative vote of two-thirds of Sweeney (by departmental request). fore, all the members elected to Council, An emergency ordinance authoriz- Be it ordained by the Council of it shall take effect and be in force ing the purchase by one or more the City of Cleveland: immediately upon its passage and contracts of labor and materials nec- Section 1. That under Section approval by the Mayor; otherwise it essary to repair a steam leak on 183.021 of the Codified Ordinances of shall take effect and be in force East 6th Street, for the Division of Cleveland, Ohio 1976, the Commis- from and after the earliest period Convention Center and Stadium, sioner of Purchases and Supplies is allowed by law. Department of Parks, Recreation authorized to sell the real property, Passed June 9, 2008. and Properties. more fully described below, to Quan Effective June 16, 2008. Whereas, this ordinance consti- AM Temple of Vietnamese B. tutes an emergency measure provid- Section 2. That the real property ing for the usual daily operation of to be sold pursuant to this ordinance is more fully described as follows: a municipal department; now, there- Ord. No. 820-08. fore, By Council Members Pierce Scott P. P. No. 019-15-029 Be it ordained by the Council of and Sweeney (by departmental re- Situated in the City of Cleveland, the City of Cleveland: quest). County of Cuyahoga and State of Section 1. That the Director of An emergency ordinance to amend Ohio, and known as being all of Parks, Recreation and Properties is Section 9 of Ordinance No. 1062-07, Sublot No. 59 in the Guardian Sub- passed August 8, 2007, relating to authorized to make one or more division of part of Original Town- authorizing the Director of Eco- written contracts under the Charter ship Lot No. 10, as shown by the nomic Development to accept two and the Codified Ordinances of recorded plat in Volume 65 of Maps, Brownfields Assessments grants from Cleveland, Ohio, 1976, for each or all Page 9 of Cuyahoga County of the following items: labor and Records. Said Sublot has a frontage the United States Environmental materials necessary to repair a of 27.9 feet on Bellaire Avenue, as Protection Agency to conduct envi- steam leak on East 6th Street to be appears by said plat, be the same ronmental assessments on brown- purchased by the Commissioner of more or less, but subject to all legal field sites located in the City of Purchases and Supplies for a gross highways. Cleveland relating to their develop- price, for the Division of Convention Subject to: Restrictions recited in ment, and authorizing contracts. Center and Stadium, Department of Volume 3829, Page 179 of Cuyahoga Whereas, this ordinance consti- Parks, Recreation and Properties. County Records filed May 31, 1928. tutes an emergency measure provid- Section 2. That under Section Also subject to zoning ordinances, ing for the usual daily operation of 108(b) of the Charter, the purchases if any. a municipal department; now, there- authorized by this ordinance may be fore, Be it ordained by the Council of made through cooperative agree- P. P. No. 019-15-030 the City of Cleveland: ments using state procedures. The Situated in the City of Cleveland, Section 1. That Section 9 of Ordi- Director of Parks, Recreation and County of Cuyahoga and State of nance No. 1062-07, passed August 8, Properties may sign all documents Ohio, and known as being all of 2007, is amended to read as follows: with the State of Ohio or any of its Sublot No. 60 in the Guardian Sub- Section 9. That the cost of the con- political subdivisions that are nec- division, of part of Original Rock- tract or contracts authorized will be essary to make the purchases, and port Township Sec. No. 10, as shown by the recorded plat in Volume 65 paid from the fund or subfunds that may enter into contract or contracts are credited the proceeds of the with the vendors selected through of Maps, Page 9 of Cuyahoga Coun- ty Records. Said Sublot has a grants accepted under this ordi- that cooperative process. frontage of 27.9 feet on Bellaire nance and Fund No. 17 SF 006, Re- Section 3. That the cost of the con- Road, S.W., as appears by said plat, quest No. 164708. tract or contracts authorized shall be the same more or less, but sub- Section 2. That existing Section 9 be paid from Fund Nos. 11 SF 006 ject to all legal highways. of Ordinance No. 1062-07, passed and 20 SF 332, Request No. 186621. Subject to: Restrictions recited in August 8, 2007, is repealed. Section 4. That this ordinance is Volume 3829, Page 179 of Cuyahoga Section 3. That this ordinance is declared to be an emergency mea- County filed May 31, 1928. declared to be an emergency mea- sure and, provided it receives the Section 3. That all documents nec- sure and, provided it receives the affirmative vote of two-thirds of all essary to complete the conveyance affirmative vote of two-thirds of all the members elected to Council, it authorized by this ordinance shall the members elected to Council, it shall take effect and be in force be executed within six (6) months shall take effect and be in force immediately upon its passage and of the effective date of this ordi- immediately upon its passage and approval by the Mayor; otherwise it nance. If all of the documents are approval by the Mayor; otherwise it shall take effect and be in force not executed within six (6) months shall take effect and be in force from and after the earliest period of the effective date of this ordi- from and after the earliest period allowed by law. nance, or such additional time as allowed by law. Passed June 9, 2008. may be granted by the Director of Passed June 9, 2008. Effective June 16, 2008. Community Development, this ordi- Effective June 16, 2008. 1298 June 18, 2008 The City Record 73

Ord. No. 821-08. By Council Members Pierce Scott, Lewis and Sweeney (by departmental request). An emergency ordinance authorizing the Director of Economic Development to apply for, accept and expend funds and resources from the Ohio Department of Job and Family Services, or other fiscal agents, for the 2008 Workforce Investment Act grant; to enter into contracts and memoranda of understanding with various entities necessary to administer and implement the Workforce Development programs; to enter into one or more agree- ments with Cuyahoga County or other fiscal agents to accept monies for implementation of the program; and to sublease areas located at Employment Connection, located at 1020 Bolivar Road. Whereas, the Workforce Investment Act of 1998, Public Law 105-220 (“WIA”), the purpose of which is to “. . . provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by partici- pants, and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the pro- ductivity and competitiveness of the nation”; and Whereas, under WIA, the Governor of the State of Ohio has designated Ohio Workforce Areas for the WIA throughout Ohio and the governor has designated the geographic boundaries of the City of Cleveland (“City”) and Cuyahoga County as Ohio Workforce Area (“OWA”) No. 3; and Whereas, in order to achieve greater cooperation, better address the needs of the citizens of the City and the County, maximize the use of available funds, and comply with the request of the Ohio Governor’s Workforce Pol- icy Board of the State of Ohio and generally administer funds and programs under the WIA, the City and the County have combined their boards, service areas, and programs and maintain and operate a single consolidated program in accordance with a Letter of Intent entered into by the Mayor and the Cuyahoga County Board of Commissioners on December 7, 2004 (“LOI”); and Whereas, in accordance with the agreement required by the WIA and approved by the Governor, for the WIA Program Year (“PY”) 2007 for the period of July 1, 2007 through June 30, 2010, between the Chairman of the Workforce Investment Board of Cleveland (“WIBC”), Cuyahoga County, and the City, the City has been desig- nated as the WIA grant recipient, administrative entity, and OWA No. 3; and Whereas, the Mayor and the County Board of Commissioners entered into an intergovernmental agreement, which created a consolidated workforce investment area for OWA No. 3; and Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; therefore Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Economic Development is authorized to apply for, accept and expend grants and resources in the approximate amount of $15,024,000, from the Ohio Department of Job and Family Services, or other fiscal agents, for the Workforce Development program services to eligible individuals and businesses. The Director of Economic Development is authorized to file all papers and execute all documents necessary to receive the funds under the grants. Section 2. That the Director of Economic Development is authorized to enter into one or more contracts with various agencies, entities or organizations to administer and implement the following components of the grant:

Youth Activities

• 10 YOUTH PROGRAM ELEMENTS – Tutoring, Study Skills and Instruction – Alternative Secondary School Services – Summer Employment – Paid Work Experience – Occupational Skills Training – Leadership Development – Supportive Services – Mentoring – Follow-up Services – Comprehensive Guidance and Counseling • Pre-vocational services and activities

• JOB READINESS TRAINING • JOB DEVELOPMENT/JOB PLACEMENT • JOB FAIRS, WIB MEETINGS, YOUTH COUNCIL, PROVIDER MEETINGS • YOUTH COUNCIL AND WIB INITIATIVES AND SPECIAL PROJECTS

Adult Activities

• OCCUPATIONAL SKILLS TRAINING • ON-THE-JOB TRAINING • CUSTOMIZED TRAINING • INCUMBENT WORKER TRAINING • SPECIALIZED POPULATION SERVICES • SUPPORTIVE SERVICES • JOB READINESS TRAINING • FOLLOW-UP • JOB DEVELOPMENT AND EMPLOYERS SERVICES • JOB FAIRS, WIB MEETINGS, PROVIDER MEETINGS • CORE SERVICES • INTENSIVE SERVICES • EMPLOYEE AND EMPLOYER RECOGNITION EVENTS • PRE-VOCATIONAL SERVICES AND ACTIVITIES • WIB INITIATIVES AND SPECIAL PROJECTS 1299 74 The City Record June 18, 2008

Dislocated Worker Activities

• OCCUPATIONAL SKILLS TRAINING • ON-THE-JOB TRAINING • CUSTOMIZED TRAINING • INCUMBENT WORKER TRAINING • SPECIALIZED POPULATION SERVICES • SUPPORTIVE SERVICES • JOB READINESS TRAINING • PRE-VOCATIONAL SERVICES AND ACTIVITIES • FOLLOW-UP • JOB DEVELOPMENT AND EMPLOYERS SERVICES • JOB FAIRS, WIB MEETINGS, PROVIDER MEETINGS • RAPID RESPONSE • CORE SERVICES • INTENSIVE SERVICES • EMPLOYEE AND EMPLOYER RECOGNITION EVENTS • WIB INITIATIVES AND SPECIAL PROJECTS

Section 3. That the Director of Economic Development is authorized to enter into one or more memoranda of understanding (“MOU”) with various entities, agencies, or individuals participating in the Employment Connec- tion activities and programs relating to cost-sharing contributions, for the purposes of implementing the Work- force Development programs as described in this ordinance. The Director is further authorized to enter into var- ious agreements necessary to carry out the purposes of the MOUs. The Director of Economic Development is authorized to accept monies under the cost-sharing MOUs, and to deposit the cost sharing contributions in a revolv- ing fund to be used for additional services or contracts under this program, and the funds are appropriated for that purpose. Section 4. That the Director of Economic Development is authorized to enter into one or more agreements with Cuyahoga County to accept monies from the County to implement the Workforce Investment Act programs as described in this ordinance. The Director of Economic Development is authorized to accept monies from Cuya- hoga County, and to deposit the funds in a revolving fund to be used for additional services or contracts under this program, and the funds are appropriated for that purpose. Section 5. That the Director of Economic Development is authorized to enter into one or more contracts with various entities, agencies, or individuals in order for the City of Cleveland to provide services under the Work- force Development programs authorized under this ordinance, and to receive payment for the services. The Direc- tor of Economic Development is authorized to accept monies under the first and third party billings, and to deposit the payments collected and other program income in a revolving fund to be used for additional services or con- tracts under this program, and that the funds are appropriated for that purpose. Section 6. That notwithstanding and as an exception to the provisions of Chapters 181 and 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Economic Development is authorized to sublease various areas at the Employment Connection, located at 1020 Bolivar Road, to various entities, agencies, or individuals, to pro- vide Workforce Development and Economic Development services authorized under this ordinance. Section 7. That the term of the subleases authorized by this ordinance shall not exceed five years, subject to annual appropriation and to the provisions of the City’s lease agreement. Section 8. That the subleases may authorize the various entities, agencies, or individuals to make improvements to the subleased premises subject to the approval of appropriate City agencies and officials, and to authorize the sublessees to contribute a share of operating costs. Section 9. That the subleases shall be prepared by the Director of Law. Section 10. That the Director of Economic Development, the Director of Law, and other appropriate City offi- cials are authorized to execute any other documents and certificates, and take any other actions which may be necessary or appropriate to effect the subleases authorized by this ordinance. Section 11. That the Director of Economic Development is authorized to accept monies under the subleases authorized above, and to deposit the rent collected, and other program income, in a revolving fund to be used for additional contracts and services under this program, and that the funds are appropriated for that purpose. Section 12. That the Director of Economic Development is authorized to enter into one or more contracts with various entities, agencies, or individuals to provide business services and/or rental space at 1020 Bolivar, and to receive payment for the services. The Director of Economic Development is authorized to accept monies for the services, and to deposit the payments collected in a revolving fund to be used for additional services or contracts under this program, and that the funds are appropriated for that purpose. Section 13. That the cost of the contracts or contracts authorized in this ordinance shall be paid from the fund or funds to which are credited the grant proceeds and the revolving fund identified in this ordinance, which are accepted under this ordinance. Section 14. That the following amounts are appropriated as follows to provide for administration of the WIA programs: A. Youth Activities Personnel and Related Expenses . . . . $1,324,000 Other Expenses ...... $3,549,870 Total $4,873,870

B. Adult Activities Personnel and Related Expenses . . . . $2,748,500 Other Expenses ...... $2,074,996 Total $4,823,496

C. Dislocated Worker Activities Personnel and Related Expenses . . . . $ 727,500 Other Expenses ...... $2,599,134 Total $3,326,634 1300 June 18, 2008 The City Record 75

D. Other Workforce Activities Personnel and Related Expenses . . . . $ 700,000 Other Expenses ...... $1,300,000 Total $2,000,000

Section 16. That the Mayor and the Director of Economic Development are authorized to enter into such other agreements as may be necessary to implement the single consolidated Workforce Investment program. Section 17. That the contracts and agreements authorized by this ordinance shall be prepared by the Director of Law and shall contain such additional terms and conditions as are necessary to protect the interests of the City of Cleveland. Section 18. That this ordinance is declared to be an emergency measure and, provided it receives the affirma- tive 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 June 9, 2008. Effective June 16, 2008.

Ord. No. 822-08. Ord. No. 825-08. nance No. 925-98, passed June 15, By Council Members Pierce Scott By Council Members Cimperman, 1998, and under terms and condi- and Sweeney (by departmental re- Pierce Scott and Sweeney (by de- tions determined by the Directors of quest). partmental request). Law and Economic Development. An emergency ordinance author- An emergency ordinance author- Section 3. That the Director of izing the Director of Economic De- izing the Director of Economic De- Economic Development is autho- velopment to enter into a grant velopment to consent to the assign- rized to amend the UDAG Repay- agreement with WIRE-Net to pro- ment and assumption of various con- ments Loan and the HUD 108 Loan vide economic development assis- tracts from Market Place Retail to remove the TIF repayment penal- tance to partially finance their ini- Limited Partnership to Amitel Colo- ties and to provide the Director with tiative to create a wind energy net- nial, LLC and to amend existing authority to approve future assign- work. loan agreements with Market Place ment and assumption of the UDAG Whereas, this ordinance consti- Retail Limited Partnership. Repayments Loan and HUD 108 Loan. tutes an emergency measure provid- Whereas, that under Ordinance No. 925-98, passed June 15, 1998, as Section 4. That the assignments ing for the usual daily operation of amended by Ordinance No. 1135-01, and contract amendments shall be a municipal department; now, there- passed June 19, 2001, the Director of prepared and approved by the Direc- fore, Economic Development entered into tor of Law. Be it ordained by the Council of City Contract No. 53794 for financial Section 5. That this ordinance is the City of Cleveland: assistance in the form of an Urban declared to be an emergency mea- Section 1. That the Director of Development Action Grant (UDAG) sure and, provided it receives the Economic Development is autho- Repayments Loan with Market affirmative vote of two-thirds of all rized to enter into a grant agree- Place Retail Limited Partnership; the members elected to Council, it ment with WIRE-Net to provide eco- and shall take effect and be in force nomic development assistance to Whereas, that under Ordinance immediately upon its passage and partially finance their initiative to No. 925-98, passed June 15, 1998, as approval by the Mayor; otherwise it create a wind energy network. amended by Ordinance No. 1135-01, shall take effect and be in force Section 2. That the costs of the passed June 19, 2001, the Director of from and after the earliest period grant shall not exceed an amount of Economic Development entered into allowed by law. $25,000 and shall be paid from Fund City Contract No. 58263 for financial Passed June 9, 2008. No. 17 SF 652, Request No. 164706. assistance in the form of a Housing Effective June 16, 2008. Section 3. That the agreement and and Urban Development (HUD) 108 other appropriate documents needed Loan with Market Place Retail Lim- to complete the transaction autho- ited Partnership; and rized by this legislation shall be Whereas, this ordinance consti- Ord. No. 828-08. prepared by the Director of Law. tutes an emergency measure provid- By Council Members Zone and Section 4. That the contract autho- ing for the usual daily operation of Sweeney (by departmental request). rized in this legislation will require a municipal department; now, there- An emergency ordinance author- the recipient of financial assistance fore, izing the Director of Public Utilities to work with The Workforce Invest- Be it ordained by the Council of to enter into one or more contracts ment Board for Workforce Area No. the City of Cleveland: with Green Energy Ohio to procure 3 to identify and solicit qualified Section 1. That the Director of and install solar thermal system candidates for job opportunities re- Economic Development is autho- equipment necessary to develop and facilitate solar thermal programs at lated to the City’s contracts, and rized to consent to the request of up to four City-owned facilities or place special emphasis on the hard Market Place Retail Limited Part- partner facilities; and authorizing to employ, including but not limited nership to assign the UDAG Repay- ments loan obligations of Market the Director to accept the gift of ser- to the disabled and persons who Place Retail Limited Partnership vices and equipment from Green have been convicted of or have pled under Contract No. 53794, to Amitel Energy Ohio. guilty to a criminal offense, unless Colonial, LLC, without triggering Whereas, this ordinance consti- the criminal conviction or circum- the repayment requirements of Sec- tutes an emergency measure provid- stances relate to the duties for the tion 14 of Ordinance No. 925-98, ing for the usual daily operation of particular job sought. passed June 15, 1998, and under a municipal department; now, there- Section 5. That this ordinance is terms and conditions determined by fore, declared to be an emergency mea- the Directors of Law and Economic Be it ordained by the Council of sure and, provided it receives the Development. the City of Cleveland: affirmative vote of two-thirds of all Section 2. That the Director of Section 1. That the Director of the members elected to Council, it Economic Development is autho- Public Utilities is authorized to shall take effect and be in force rized to consent to the request of enter into one or more contracts immediately upon its passage and Market Place Retail Limited Part- with Green Energy Ohio to procure approval by the Mayor; otherwise it nership to assign the HUD 108 loan and install solar thermal system shall take effect and be in force obligations of Market Place Retail equipment necessary to develop and from and after the earliest period Limited Partnership under Contract facilitate solar thermal programs at allowed by law. No. 58263, to Amitel Colonial, LLC, up to four City-owned facilities or Passed June 9, 2008. without triggering the repayment partner facilities on the basis of its Effective June 16, 2008. requirements of Section 14 of Ordi- proposal dated April 23, 2008, in the 1301 76 The City Record June 18, 2008 total sum up to $50,000, for the Mountain/National Underground Stor- more standard purchase or require- Department of Public Utilities, age, a division of Iron Mountain ment contracts duly let to the low- payable from Fund No. 52 SF 001, Information Management, Inc. for est and best bidder as provided in Request No. 182070. miscellaneous services related to the Section 181.10, for software licenses, Section 2. That the Director of storage or records, such as the pro- updates, upgrades, enhancements, Public Utilities is further authorized vision of storage boxes, filing, file training, technical support, mainte- to accept the gift of services and retrieval, file delivery, faxing, pho- nance, and repair necessary to equipment from Green Energy, in tocopying, data entry, the destruc- implement or maintain the software. the estimated sum of $8,000 per site. tion of records, and other file re- (b) When a director has been Section 3. That this ordinance is quest services, for a period of one authorized by ordinance to acquire declared to be an emergency mea- year, with one option to renew for software, the director of the depart- sure and, provided it receives the an additional one-year period, exer- ment for which the software was affirmative vote of two-thirds of all cisable by the Director of Finance, acquired or the Director of Finance the members elected to Council, it and cancelable on thirty days writ- is authorized to acquire by contract shall take effect and be in force ten notice by the director, to be pur- or contracts with one or more soft- immediately upon its passage and chased by the Commissioner of Pur- ware developers or vendors or one approval by the Mayor; otherwise it chases and Supplies on a unit basis or more firms of software develop- shall take effect and be in force for the Cleveland Municipal Court. ers or vendors, software licenses, from and after the earliest period Section 4. That the cost of the updates, upgrades, enhancements, allowed by law. rental agreement and related ser- training, technical support, mainte- Passed June 9, 2008. vices and the other contract or con- nance, and repair necessary to Effective June 16, 2008. tracts authorized by this ordinance implement or maintain the autho- shall be charged against the proper rized software. The selection of the appropriation accounts and the software developers or vendors shall Director of Finance shall certify the be made by the Board of Control on Ord. No. 855-08. amount of the initial purchase, the nomination of the director of the By Council Member Sweeney (by which purchase, together with all department for which the software departmental request). later purchases, shall be made on was acquired or the Director of An emergency ordinance author- order of the Commissioner of Pur- Finance from lists of qualified soft- izing the Director of Finance, on chases and Supplies under a requi- ware developers or vendors avail- behalf of the Cleveland Municipal sition against the contract or con- able for employment as may be Court, to enter into contract without tracts certified by the Director of determined after a full and complete competitive bidding with Iron Moun- Finance. (RL 181373) canvass by the director of the tain/National Underground Storage, Section 5. That this ordinance is department for which the software a division of Iron Mountain Infor- declared to be an emergency mea- was acquired or the Director of mation Management, Inc. for the sure and, provided it receives the Finance for the purpose of compil- lease of space for the storage of affirmative vote of two-thirds of all ing the lists. records, and the purchase of services the members elected to Council, it (c) When a director has been related to the storage of records, for shall take effect and be in force authorized by ordinance to acquire a period of one year, with a one-year immediately upon its passage and a software system, the director of option to renew, exercisable by the approval by the Mayor; otherwise it the department for which the system Director of Finance. shall take effect and be in force was acquired or the Director of Whereas, this ordinance consti- from and after the earliest period Finance is authorized to execute one tutes an emergency measure provid- allowed by law. or more license agreements for soft- ing for the usual daily operation of Passed June 9, 2008. ware needed to implement or main- a municipal department; now, there- Effective June 16, 2008. tain the system directly with the fore, firm or firms licensing the software. Be it ordained by the Council of (d) When a director has been the City of Cleveland: authorized to contract with a soft- Section 1. That notwithstanding Ord. No. 856-08. ware developer or vendor, whether any provisions of the Codified By Council Members Cleveland specified in an authorizing ordi- Ordinances of Cleveland, Ohio, 1976, and Sweeney (by departmental re- nance or by Board of Control reso- to the contrary, the Director of quest). lution, to acquire software, the Finance, on behalf of the Clerk of An emergency ordinance to amend director of the department for which the Cleveland Municipal Court, is Section 181.102 of the Codified Ordi- the software is acquired or the authorized to enter into a rental nances of Cleveland, Ohio, 1976, as Director of Finance is authorized to agreement with Iron Mountain/Na- amended by Ordinance No. 3-08, enter into one or more contracts tional Underground Storage, a divi- passed January 28, 2008, relating to with the software developer or ven- sion of Iron Mountain Information authorization to purchase software dor for professional services neces- Management, Inc., for the rental of licenses, updates, upgrades, enhance- sary to perform as-needed services approximately 19,000 cubic feet of ments, training, technical support, to implement or maintain the soft- space for the storage of records of maintenance, and repairs. ware, including but not limited to, the Cleveland Municipal Court. The Whereas, this ordinance consti- integration, implementation, mi- rental agreement shall be for a peri- tutes an emergency measure provid- gration, installation, design, inter- od of one year commencing January ing for the usual daily operation of facing, maintenance, repair, up- 1, 2009, with one option to renew for a municipal department; now, there- grades, enhancements, training, train- an additional one-year period, exer- fore, ing registration, testing, and techni- cisable by the Director of Finance. Be it ordained by the Council of cal support. Section 2. That the rental agree- the City of Cleveland: (e) The Board of Control shall fix ment shall be prepared by the Direc- Section 1. That Section 181.102 of the compensation to be paid for the tor of Law and shall contain such the Codified Ordinances of Cleve- services authorized under this ordi- terms and conditions as the Director land, Ohio, 1976, as amended by nance which shall be paid from the deems necessary to protect and ben- Ordinance No. 3-08, passed January annual appropriation made for such efit the public interest. 28, 2008, is amended to read as fol- purpose. The contract or contracts Section 3. That it is determined lows: shall be prepared by the Director of that the within commodities are non- Law, approved by the director of the competitive and incidental to the Section 181.102 Authorization to department for which the purchase lease of space authorized by Section Purchase Software Licenses, Up- is made or the Director of Finance, 1 of this ordinance, and cannot be dates, Upgrades, Enhancements, and certified by the Director of secured from any source other than Training, Technical Support, Main- Finance. Iron Mountain/National Underground tenance, and Repairs (f) Nothing in this section shall Storage, a division of Iron Mountain (a) When a director has been be construed to authorize the acqui- Information Management, Inc. There- authorized by ordinance to acquire sition of new software or any pro- fore, the Director of Finance, on software, the director of the depart- fessional services that, in the judg- behalf of the Cleveland Municipal ment for which the software was ment of the Director of Finance, Court, is authorized to make a writ- acquired or the Director of Finance would significantly expand or modi- ten requirement contract with Iron is authorized to enter into one or fy the performance characteristics 1302 June 18, 2008 The City Record 77 of the originally authorized soft- bond shall be paid by the City. part of the Improvement may be ware beyond the function or purpose The Commissioner of Assessments treated as a separate Improvement, capabilities identified in the ordi- and Licenses shall annually, on the and each, or any combination, of the nance authorizing the initial acqui- fifth business day of January, file trades or components may be the sition. with the Commissioner of Accounts subject of a separate contract on a Section 2. That existing Section an itemized statement, verified by unit basis. 181.102 of the Codified Ordinances of him as to the manner in which the Section 3. That the Director of Cleveland, Ohio, 1976, as amended fund has been expended during the Finance is authorized to employ by by Ordinance No. 3-08, passed Janu- preceding year. Any funds expended contract or contracts one or more ary 28, 2008, is repealed. during a six month period may be consultants or one or more firms of Section 3. That this ordinance is replenished from an account set up consultants for the purpose of sup- declared to be an emergency mea- for recovery of interest on unpaid plementing the regularly employed sure and, provided it receives the admissions and/or parking tax so staff of the several departments of affirmative vote of two-thirds of all long as the total amount expended the City of Cleveland in order to pro- the members elected to Council, it from the fund during any calendar vide professional services necessary shall take effect and be in force year does not exceed the amount of to design the Improvement. immediately upon its passage and the bond. If any part of the fund The selection of the consultants approval by the Mayor; otherwise it remains unexpended, the funds shall for the services shall be made by shall take effect and be in force be carried over to the following year the Board of Control on the nomi- from and after the earliest period and noted on both the current and nation of the Director of Finance allowed by law. the following year’s itemized report. from a list of qualified consultants Passed June 9, 2008. Section 2. That this ordinance is available for employment as may be Effective June 16, 2008. declared to be an emergency mea- determined after a full and complete sure and, provided it receives the canvass by the Director of Finance affirmative vote of two-thirds of all for the purpose of compiling a list. the members elected to Council, it The compensation to be paid for the Ord. No. 857-08. shall take effect and be in force services shall be fixed by the Board By Council Members Cleveland immediately upon its passage and of Control. The contract or contracts and Sweeney (by departmental re- approval by the Mayor; otherwise it authorized shall be prepared by the quest). shall take effect and be in force Director of Law, and approved and An emergency ordinance to sup- from and after the earliest period certified by the Director of Finance. plement the Codified Ordinances of allowed by law. Section 4. That the Director of Passed June 9, 2008. Cleveland, Ohio, 1976, by enacting Finance is authorized to make one Effective June 16, 2008. new Section 127.38, relating to the or more written standard purchase expense fund for the Commissioner contracts and written requirement of Assessments and Licenses. contracts under the Charter and the Whereas, this ordinance consti- Codified Ordinances of Cleveland, Ord. No. 858-08. tutes an emergency measure provid- Ohio, 1976, the period of require- By Council Members Cleveland ing for the usual daily operation of ments to be determined by the direc- a municipal department; now, there- and Sweeney (by departmental re- tor, for the necessary items of mate- fore, quest). rials, equipment, supplies, and ser- Be it ordained by the Council of An emergency ordinance deter- vices necessary to construct the the City of Cleveland: mining the method of making the Improvement, including labor and Section 1. That the Codified Ordi- public improvement of renovating materials if necessary for installa- nances of Cleveland, Ohio, 1976, are and repairing the Division of Print- tion, to be purchased by the Com- supplemented by enacting new Sec- ing and Reproduction facility, in- missioner of Purchases and Supplies tion 127.38 to read as follows: cluding their garage; authorizing the Director of Finance to enter into on a unit basis for the Division of Printing and Reproduction, Depart- Section 127.38 Expense Fund for one or more public improvement con- ment of Finance. Bids shall be Commissioner of Assessments and tracts for the making of the im- taken in a manner that permits an Licenses provement; authorizing the Director award to be made for all items as There shall be allowed annually to employ one or more professional a single contract, or by separate to the Commissioner of Assessments consultants to design the improve- and Licenses, in addition to all ment; and to enter into various writ- contract for each or any combina- salary and allowances otherwise ten standard purchase and require- tion of the items as the Board of provided by law, the sum of five ment contracts needed in connection Control determines. thousand dollars ($5,000.00) on de- with the improvement. Section 5. That the costs of the posit to provide for reimbursement Whereas, this ordinance consti- requirement contract or contracts of expenses which may be incurred tutes an emergency measure provid- shall be charged against the proper by his division in the performance ing for the usual daily operation of appropriation accounts and the of official duties and in the fur- a municipal department; now, there- Director of Finance shall certify the therance of maintaining the finan- fore, amount of the initial purchase, cial integrity of the City. On order Be it ordained by the Council of which purchase, together with all of the Commissioner of Assessments the City of Cleveland: later purchases, shall be made on and Licenses and the Director of Section 1. That, under Section 167 order of the Commissioner of Pur- Finance, the Commissioner of Ac- of the Charter of the City of Cleve- chases and Supplies under a requi- counts shall draw his warrant on land, this Council determines to sition against the contract or con- the City Treasury, payable to the make the public improvement of ren- tracts certified by the Director of Commissioner of Assessments and ovating and repairing the Division Finance. Licenses or other person as the of Printing and Reproduction facili- Section 6. That under Section order designates, for the amount as ty, including their garage, (the 108(b) of the Charter, the purchases the order requires; the amounts, not “Improvement”), for the Division of authorized by this ordinance may be exceeding the amount provided by Printing and Reproduction, Depart- made through cooperative agree- this section, to be paid out of the ment of Finance, by one or more ments using state procedures. The general fund of the City. contracts duly let to the lowest Director of Finance may sign all Nothing shall be paid under this responsible bidder or bidders after documents with the State of Ohio or section until the Commissioner of competitive bidding on a unit basis any of its political subdivisions that Assessments and Licenses has given for the Improvement. are necessary to make the purchas- bond to the City in the amount of Section 2. That the Director of es, and may enter into one or more fifteen thousand dollars ($15,000.00), Finance is authorized to enter into contracts with the vendors selected and the bond shall be conditioned one or more contracts for the mak- through that cooperative process. that he will faithfully discharge all ing of the public improvement with Section 7. That the cost of the con- the duties enjoined on him, and pay the lowest responsible bidder or bid- tracts authorized shall be paid from over all moneys received by him in ders after competitive bidding on a Fund Nos. 20 SF 362, 20 SF 371, 20 his official capacity. The bond shall unit basis for the Improvement, pro- SF 381, 20 SF 391, 20 SF 503, 20 SF be deposited with the Commissioner vided, however, that each separate 509, and 20 SF 517, Request No. of Accounts. The premium on the trade and each distinct component 121236. 1303 78 The City Record June 18, 2008

Section 8. That this ordinance is Training Program; and authorizing Whereas, this ordinance consti- declared to be an emergency mea- one or more contracts with Cleve- tutes an emergency measure provid- sure and, provided it receives the land State University to implement ing for the usual daily operation of affirmative vote of two-thirds of all the program. a municipal department; now, there- the members elected to Council, it Whereas, this ordinance consti- fore, shall take effect and be in force tutes an emergency measure provid- Be it ordained by the Council of immediately upon its passage and ing for the usual daily operation of the City of Cleveland: approval by the Mayor; otherwise it a municipal department; now, there- Section 1. That the Director of shall take effect and be in force fore, Public Safety is authorized to apply from and after the earliest period Be it ordained by the Council of for and accept a grant in the allowed by law. the City of Cleveland: approximate amount of $150,000, and Passed June 9, 2008. Section 1. That the Director of any other funds that may become Effective June 16, 2008. Public Safety is authorized to apply available during the grant term for and accept a grant in the ap- from Cuyahoga County to conduct proximate amount of $66,145.60, and the Law Enforcement Terrorism any other funds that become avail- Protection (“LETPP”) Program; that Ord. No. 860-08. able during the grant term, from the the Director is authorized to file all By Council Members Kelley and Public Utilities Commission of Ohio, papers and execute all documents Sweeney (by departmental request). to conduct the Hazardous Materials necessary to receive the funds under An emergency ordinance authoriz- Training Program; that the Director the grant; and that the funds are ing the Director of Port Control to is authorized to file all papers and appropriated for the purposes de- enter into an amendment to Contract execute all documents necessary to scribed in the summary for the No. 48042 with Standard Parking receive the funds under the grant; grant contained in the file described Corporation to permit Standard Park- and that the funds are appropriated below. ing to perform and receive reim- for the purposes described in the Section 2. That the summary for bursement for services associated award letter and grant agreement the grant, File No. 865-08-A, made a with managing the taxicab stand at for the grant contained in the file part of this ordinance as if fully Cleveland Hopkins International described below. rewritten, as presented to the Airport, for a period of one year, Section 2. That the award letter Finance Committee of this Council with one option to renew for an and grant agreement for the grant, at the public hearing on this legis- additional six-month period, exercis- File No. 864-08-A, made a part of this lation, is approved in all respects able by the Director of Port Control. ordinance as if fully rewritten, as and shall not be changed without additional legislative authority. Whereas, this ordinance consti- presented to the Finance Committee Section 3. That the Director of tutes an emergency measure provid- of this Council at the public hearing Public Safety shall have the author- ing for the usual daily operation of on this legislation, including the ity to extend the term of the grant a municipal department; now, there- obligation of the City of Cleveland during the grant term. fore, to provide cash matching funds in Section 4. That this ordinance is Be it ordained by the Council of the amount of $16,546.40 from Fund declared to be an emergency mea- the City of Cleveland: No. 01-600301-639905 and 10 SF 526, is sure and, provided it receives the Section 1. That the Director of approved in all respects and shall affirmative vote of two-thirds of all Port Control is authorized to enter not be changed without additional into an amendment to Contract No. the members elected to Council, it legislative authority. shall take effect and be in force 48042 with Standard Parking Corpo- Section 3. That the Director of ration (“Standard Parking”) to per- immediately upon its passage and Public Safety shall have the author- approval by the Mayor; otherwise it mit Standard Parking to perform ity to extend the term of the grant and receive reimbursement for ser- shall take effect and be in force during the grant term. from and after the earliest period vices associated with managing the Section 4. That the Director of taxicab stand at Cleveland Hopkins allowed by law. Public Safety is authorized to enter International Airport, for a period of Passed June 9, 2008. into one or more contracts with one year effective October 1, 2007, Effective June 16, 2008. Cleveland State University to pro- with one option to renew for an vide the training as described in the additional six-month period, exercis- file. able by the Director of Port Control. Section 5. That the contract or Section 2. The cost of the services Ord. No. 866-08. contracts shall be prepared by the performed under this amendment will By Council Members Conwell and Director of Law. be treated as an operating expense Sweeney (by departmental request). Section 6. That the cost of the con- and deducted from gross revenues An emergency ordinance author- tract or contracts shall be paid from collected by Standard Parking on izing the Director of Public Safety the fund or funds which are credit- behalf of the Airport, under Contract to apply for and accept a grant from No. 48042. ed the grant proceeds and cash the U.S. Department of Justice, Section 3. That the amendment match accepted under this ordi- Bureau of Justice Assistance, for the shall be prepared by the Director of nance. 2008 Bulletproof Vest Grant, and Law. Section 7. That this ordinance is authorizing the Director of Public Section 4. That this ordinance is declared to be an emergency mea- Safety to enter into one or more declared to be an emergency mea- sure and, provided it receives the requirement contracts for the pur- sure and, provided it receives the affirmative vote of two-thirds of all chase of equipment necessary to affirmative vote of two-thirds of all the members elected to Council, it implement the grant. the members elected to Council, it shall take effect and be in force Whereas, this ordinance consti- shall take effect and be in force immediately upon its passage and tutes an emergency measure provid- immediately upon its passage and approval by the Mayor; otherwise it ing for the usual daily operation of approval by the Mayor; otherwise it shall take effect and be in force a municipal department; now, there- shall take effect and be in force from and after the earliest period fore, from and after the earliest period allowed by law. Be it ordained by the Council of allowed by law. Passed June 9, 2008. the City of Cleveland: Passed June 9, 2008. Effective June 16, 2008. Section 1. That the Director of Effective June 16, 2008. Public Safety is authorized to apply for and accept a grant in the approximate amount of $203,000.00, Ord. No. 865-08. and any other funds that become Ord. No. 864-08. By Council Members Conwell and available during the grant term, By Council Members Conwell and Sweeney (by departmental request). from the U.S. Department of Justice, Sweeney (by departmental request). An emergency ordinance author- Bureau of Justice Assistance, to con- An emergency ordinance authoriz- izing the Director of Public Safety duct the 2008 Bulletproof Vest ing the Director of Public Safety to to apply for and accept a grant from Grant; that the Director of Public apply for and accept a grant from Cuyahoga County for the Law En- Safety is authorized to file all the Public Utilities Commission of forcement Terrorism Protection Pro- papers and execute all documents Ohio for the Hazardous Materials gram. necessary to receive the funds under 1304 June 18, 2008 The City Record 79 the grant; and that the funds are shall take effect and be in force for a period of one year, with two appropriated for the purposes from and after the earliest period options to renew for additional one- described in the application submis- allowed by law. year periods, the second of which is sion contained in the file described Passed June 9, 2008. exercisable through additional leg- below. Effective June 16, 2008. islative authority. Section 2. That the application Whereas, this ordinance consti- submission for the grant, File No. tutes an emergency measure provid- 866-08-A, made a part of this ordi- ing for the usual daily operation of nance as if fully rewritten, includ- Ord. No. 867-08. a municipal department; now, there- ing the obligation of the City to By Council Members Conwell and fore, provide $203,000.00 in cash match- Sweeney (by departmental request). Be it ordained by the Council of ing funds from Fund Nos. 10 SF 025, An emergency ordinance author- the City of Cleveland: 10 SF 027, and 10 SF 049, as pre- izing the Director of Public Safety Section 1. That the Director of sented to the Finance Committee of to apply for and accept a grant from Public Safety is authorized to enter this Council at the public hearing the Ohio Office of Criminal Justice into one or more contracts with Kro- on this legislation, is approved in Services for the 2007 State Byrne nos Incorporated for professional all respects and shall not be Memorial Justice Assistance Grant. services necessary to maintain the changed without additional legisla- Whereas, this ordinance consti- current time and attendance work- tive authority. tutes an emergency measure provid- force system, including support, for Section 3. That the Director of ing for the usual daily operation of a period of one year, with two Public Safety shall have the author- a municipal department; now, there- options to renew for additional one- ity to extend the term of the grant fore, year periods, on the basis of its pro- during the grant term. Be it ordained by the Council of posal dated April 11, 2008, in the Section 4. That the Director of the City of Cleveland: total sum of $47,819.64, for the Divi- Public Safety is authorized to make Section 1. That the Director of sion of Police, Department of Public one or more written requirement Public Safety is authorized to apply Safety. The first of the one-year contracts under the Charter and the for and accept a grant in the options to renew may be exercised Codified Ordinances of Cleveland, approximate amount of $75,000, and by the Director of Public Safety, Ohio, 1976, for the requirements dur- any other funds that may become without the necessity of obtaining ing the grant term of the necessary available during the grant term additional authority of this Council. items of equipment necessary to from the Ohio Office of Criminal The second of the one-year options implement the grant, to be pur- Justice Services to conduct the 2007 to renew may not be exercised with- chased by the Commissioner of Pur- State Byrne Memorial Justice Assis- out additional legislative authority. chases and Supplies on a unit basis tance Grant (“JAG”); that the Direc- The contract or contracts shall be for the Division of Police, Depart- tor is authorized to file all papers paid from Fund No. 01-600201-661200, ment of Public Safety. Bids shall be and execute all documents neces- Request No. 160289. taken in a manner that permits an sary to receive the funds under the Section 2. That this ordinance is award to be made for all items as grant; and that the funds are appro- declared to be an emergency mea- a single contract, or by separate priated for the purposes described in sure and, provided it receives the contract for each or any combina- the subgrant application for the affirmative vote of two-thirds of all tion of the items as the Board of grant contained in the file described the members elected to Council, it Control determines. Alternate bids below. shall take effect and be in force for a period less than the specified Section 2. That the subgrant appli- immediately upon its passage and term may be taken if desired by the cation for the grant, File No. 867-08- approval by the Mayor; otherwise it Commissioner of Purchases and Sup- A, made a part of this ordinance as shall take effect and be in force plies until provision is made for the if fully rewritten, as presented to from and after the earliest period requirements for the entire term. the Finance Committee of this Coun- allowed by law. Section 5. That the cost of the con- cil at the public hearing on this leg- Passed June 9, 2008. tracts shall be charged against the islation, including the obligation of Effective June 16, 2008. proper appropriation account and the City of Cleveland to provide the Director of Finance shall certi- cash matching funds in the amount fy the amount of the initial pur- of $25,000 from Fund Nos. 10 SF 025, chase, which purchase, together 10 SF 027, and 10 SF 049, is approved Ord. No. 872-08. with all later purchases, shall be in all respects and shall not be By Council Members Zone, Pierce made on order of the Commissioner changed without additional legisla- Scott, Brady, Cimperman and Swee- of Purchases and Supplies under a tive authority. ney (by departmental request). requisition against the contract or Section 3. That the Director of An emergency ordinance determin- contracts certified by the Director of Public Safety shall have the author- ing the method of making the pub- Finance. ity to extend the term of the grant lic improvement of constructing in- Section 6. That under Section during the grant term. frastructure and parking improve- 108(b) of the Charter, the purchases Section 4. That this ordinance is ments along Detroit Avenue and authorized by this ordinance may be declared to be an emergency mea- West 65th Street to implement the made through cooperative agree- sure and, provided it receives the Gordon Square Arts District Parking ments using state procedures. The affirmative vote of two-thirds of all Plan; authorizing the Director of Director of Public Safety may sign the members elected to Council, it Community Development or the Direc- all documents with the State of Ohio shall take effect and be in force tor of Parks, Recreation and Prop- or any of its political subdivisions immediately upon its passage and erties, as appropriate, to enter into that are necessary to make the pur- approval by the Mayor; otherwise it one or more public improvement con- chases, and may enter into one or shall take effect and be in force tracts for the making of the more contracts with the vendors from and after the earliest period improvement; and authorizing the selected through that cooperative allowed by law. Commissioner of Purchases and Sup- process. Passed June 9, 2008. plies to acquire any real property Section 7. That the costs of the Effective June 16, 2008. necessary to make the improvement. contracts authorized in this ordi- Whereas, this ordinance consti- nance shall be paid from the fund tutes an emergency measure provid- or funds to which are credited the ing for the usual daily operation of grant proceeds accepted under this Ord. No. 868-08. a municipal department; now, there- ordinance and from the cash match. By Council Members Conwell and fore, Section 8. That this ordinance is Sweeney (by departmental request). Be it ordained by the Council of declared to be an emergency mea- An emergency ordinance authoriz- the City of Cleveland: sure and, provided it receives the ing the Director of Public Safety to Section 1. That, under Section 167 affirmative vote of two-thirds of all enter into one or more contracts of the Charter of the City of Cleve- the members elected to Council, it with Kronos Incorporated for profes- land, this Council determines to shall take effect and be in force sional services necessary to main- make the public improvement of con- immediately upon its passage and tain the current time and attendance structing infrastructure and parking approval by the Mayor; otherwise it workforce system, including support, improvements along Detroit Avenue 1305 80 The City Record June 18, 2008 and West 65th Street to implement tered and disposed by the City of Community Development or the the Gordon Square Arts District Cleveland through its Department of Director of Law. Parking Plan, for the Department of Community Development under the Section 6. That this ordinance is Community Development, by one or terms of Chapter 5722 of the Ohio hereby declared to be an emergency more contracts duly let to the low- Revised Code and Section 183.021 of measure and, provided it receives est responsible bidder or bidders Codified Ordinances of the City of the affirmative vote of two-thirds of after competitive bidding on a unit Cleveland, 1976; and all the members elected to Council, basis for the improvement. Whereas, this ordinance consti- it shall take effect and be in force Section 2. That the Director of tutes an emergency measure provid- immediately upon its passage and Community Development or the ing for the usual daily operation of approval by the Mayor; otherwise it Director of Parks, Recreation and a municipal department; now, there- shall take effect and be in force Properties, as appropriate, is autho- fore, from and after the earliest period rized to enter into one or more con- Be it ordained by the Council of allowed by law. tracts for the making of the public the City of Cleveland: Passed June 9, 2008. improvement with the lowest Section 1. That under Section Effective June 16, 2008. responsible bidder or bidders after 183.021 of the Codified Ordinances of competitive bidding on a unit basis Cleveland, Ohio 1976, the Commis- for the improvement, provided, how- sioner of Purchases and Supplies is ever, that each separate trade and authorized to sell the real property, Ord. No. 888-08. each distinct component part of the more fully described below, to Good By Council Member Cleveland. improvement may be treated as a Hope Baptist Church. An emergency ordinance authoriz- separate improvement, and each, or Section 2. That the real property ing the sale of real property as part any combination, of the trades or to be sold pursuant to this ordinance of the Land Reutilization Program components may be the subject of a is more fully described as follows: and located on Scoville Avenue to separate contract on a unit basis. Shiloh Baptist Church. Section 3. That notwithstanding P. P. No. 118-24-015 Whereas, the City of Cleveland any provision of the Codified Ordi- Situated in the City of Cleveland, has elected to adopt and implement nances of Cleveland, Ohio, 1976, to County of Cuyahoga and State of the procedures under Chapter 5722 the contrary, the Commissioner of Ohio and known as being part of of the Ohio Revised Code to facili- Purchases and Supplies is autho- Sublots Nos. 26 and 27 in William & tate reutilization of nonproductive rized to acquire the real property Lewis Brooker’s Subdivision of part lands situated within the City of necessary to make the improvement of Original 100 Acre Lot No. 336 as Cleveland; and authorized above. The consideration shown by the recorded plat of said Whereas, real property acquired to be paid for the property shall not Subdivision in Volume 3 of Maps, under the City’s Land Reutilization exceed fair market value. Page 46 of Cuyahoga County Program is acquired, held, adminis- Section 4. That the Director of Records, bounded and described as tered and disposed by the City of Community Development or the follows: Cleveland through its Department of Director of Parks, Recreation and Beginning on the Northerly side of Community Development under the Properties, as appropriate, is autho- Central Avenue S.E. at the South- terms of Chapter 5722 of the Ohio rized to execute on behalf of the west corner of said Sublot No. 27; Revised Code and Section 183.021 of City all documents necessary to thence Easterly along the Northerly Codified Ordinances of the City of acquire real property and to employ side of Central Avenue S.E. 57 feet; Cleveland, 1976; and and pay all fees for title companies, thence Northerly parallel with the Whereas, this ordinance consti- surveys, escrows, appraisers, any Westerly line of said Sublot No. 27, tutes an emergency measure provid- relocation assistance, and all other 160 feet; thence Westerly parallel ing for the usual daily operation of costs necessary for the acquisition with the Northerly line of Central a municipal department; now, there- of the property. Avenue S.E., 57 feet to the Wester- fore, Section 5. That the cost of the ly line of Sublot No. 27; thence Be it ordained by the Council of improvement and property acquisi- Southerly along the Westerly line of the City of Cleveland: tion authorized shall be paid from said Sublot No. 27, 160 feet to the Section 1. That under Section Fund Nos. 20 SF 363, 20 SF 372, 20 place of beginning, as appears by 183.021 of the Codified Ordinances of SF 379, 20 SF 393, and 20 SF 505, said plat, be the same more or less, Cleveland, Ohio 1976, the Commis- Request No. 178643. but subject to all legal highways. sioner of Purchases and Supplies is Section 6. That this ordinance is Section 3. That all documents nec- authorized to sell the real property, declared to be an emergency mea- essary to complete the conveyance more fully described below, to sure and, provided it receives the authorized by this ordinance shall Shiloh Baptist Church. affirmative vote of two-thirds of all be executed within six (6) months Section 2. That the real property the members elected to Council, it of the effective date of this ordi- to be sold pursuant to this ordinance shall take effect and be in force nance. If all of the documents are is more fully described as follows: immediately upon its passage and not executed within six (6) months approval by the Mayor; otherwise it of the effective date of this ordi- P. P. No. 124-03-013 shall take effect and be in force nance, or such additional time as Situated in the City of Cleveland, from and after the earliest period may be granted by the Director of County of Cuyahoga and State of allowed by law. Community Development, this ordi- Ohio and bounded and described as Passed June 9, 2008. nance shall be repealed and shall be follows: and known as being Sublot Effective June 16, 2008. of no further force or effect. No. 16 in the James Parker Re-Sub- Section 4. That the consideration division of part of Original 100 Acre for the subject parcel shall be estab- Lot No. 331, as shown by the record- lished by the Board of Control and ed plat in Volume 22, Page 24 of Ord. No. 887-08. shall be not less than Fair Market Cuyahoga County Records, and By Council Member Cleveland. Value taking into account such being 40 feet front on the Southerly An emergency ordinance authoriz- terms and conditions, restrictions side of Scovill Avenue, S.E., and ex- ing the sale of real property as part and covenants as are deemed nec- tending back of equal width along of the Land Reutilization Program essary or appropriate. the Easterly side of East 57th Street, and located on Central Avenue to Section 5. That the conveyance 120 feet, as appears by said plat, be Good Hope Baptist Church. authorized hereby shall be made by the same more or less, but subject Whereas, the City of Cleveland official deed prepared by the Direc- to all legal highways. has elected to adopt and implement tor of Law and executed by the Section 3. That all documents nec- the procedures under Chapter 5722 Mayor on behalf of the City of essary to complete the conveyance of the Ohio Revised Code to facili- Cleveland. The deed shall contain authorized by this ordinance shall tate reutilization of nonproductive such provisions as may be necessary be executed within six (6) months lands situated within the City of to protect and benefit the public of the effective date of this ordi- Cleveland; and interest including such restrictive nance. If all of the documents are Whereas, real property acquired covenants and reversionary inter- not executed within six (6) months under the City’s Land Reutilization ests as may be specified by the of the effective date of this ordi- Program is acquired, held, adminis- Board of Control, the Director of nance, or such additional time as 1306 June 18, 2008 The City Record 81 may be granted by the Director of Ohio, and known as being part of twenty-five year periods, for the pur- Community Development, this ordi- Sublots Nos. 12 and 13 in H.H. Still- pose of neighborhood development. nance shall be repealed and shall be son’s Allotment of part of Original Whereas, the City of Cleveland of no further force or effect. One Hundred Acre Lots Nos. 336 and owns certain property located at Section 4. That the consideration 339, as shown by the recorded plat 3418 Crescent Avenue, portions of for the subject parcel shall be estab- in Volume 13 of Maps, Page 58 of which are not needed for public use; lished by the Board of Control and Cuyahoga County Records, bounded and shall be not less than Fair Market and described as follows: Whereas, St. Ignatius High School Value taking into account such Beginning at a point in the has proposed to lease approximate- terms and conditions, restrictions Northerly line of Cedar Avenue, S.E., ly 2.5 acres from the City; and and covenants as are deemed nec- 95 feet Westerly fromt he Northwest Whereas, this ordinance consti- essary or appropriate. corner of Cedar Avenue, S.E., and tutes an emergency measure provid- Section 5. That the conveyance East 79th Street (formerly Madison ing for the usual daily operation of authorized hereby shall be made by Avenue); thence Northerly at right a municipal department; now, there- official deed prepared by the Direc- angles to the Northerly line of Cedar fore, tor of Law and executed by the Avenue, S.E., 119.73 feet; thence Be it ordained by the Council of Mayor on behalf of the City of Westerly parallel with the Norther- the City of Cleveland: Cleveland. The deed shall contain ly line of Cedar Avenue, S.E., 35 Section 1. That notwithstanding such provisions as may be necessary feet; thence South 119.73 feet paral- and as an exception to the provi- to protect and benefit the public lel with the first described line to sions of Chapters 181 and 183 of the interest including such restrictive the Northerly line of Cedar Avenue, Codified Ordinances of Cleveland, covenants and reversionary inter- S.E.; thence Easterly 35 feet along Ohio, 1976, the Director of Economic ests as may be specified by the the Northerly line of Cedar Avenue, Development is authorized to lease Board of Control, the Director of S.E., to the place of beginning, as approximately 2.5 acres of land Community Development or the appears by said plat, be the same located within 3418 Crescent Avenue Director of Law. more or less, but subject to all legal to St. Ignatius High School (“Les- Section 6. That this ordinance is highways. see”), which is not needed for pub- hereby declared to be an emergency Section 3. That all documents nec- lic use for the term of the lease and measure and, provided it receives essary to complete the conveyance is more fully described in the file the affirmative vote of two-thirds of authorized by this ordinance shall listed below. all the members elected to Council, be executed within six (6) months Section 2. That the term of the it shall take effect and be in force of the effective date of this ordi- lease authorized by this ordinance immediately upon its passage and nance. If all of the documents are shall not exceed fifty years, with approval by the Mayor; otherwise it not executed within six (6) months two options to renew for additional shall take effect and be in force of the effective date of this ordi- twenty-five year periods, exercisable from and after the earliest period nance, or such additional time as by the Director of Economic Devel- allowed by law. may be granted by the Director of opment. Passed June 9, 2008. Community Development, this ordi- Section 3. That the property de- Effective June 16, 2008. nance shall be repealed and shall be scribed above shall be leased at fair of no further force or effect. market value determined by the Section 4. That the consideration Board of Control. for the subject parcel shall be estab- Section 4. That the lease may Ord. No. 890-08. lished by the Board of Control and authorize the Lessees to make im- By Council Member Cleveland. shall be not less than Fair Market provements to the leased premises An emergency ordinance authoriz- Value taking into account such subject to the approval of appropri- ing the sale of real property as part terms and conditions, restrictions ate City agencies and officials. of the Land Reutilization Program and covenants as are deemed nec- Section 5. That the lease shall be and located on Cedar Avenue to essary or appropriate. prepared by the Director of Law and Dionne Thomas Carmichel. Section 5. That the conveyance shall be substantially in the form Whereas, the City of Cleveland authorized hereby shall be made by attached in File No. 896-08-A, and has elected to adopt and implement official deed prepared by the Direc- may contain any additional terms the procedures under Chapter 5722 tor of Law and executed by the and conditions as are required to of the Ohio Revised Code to facili- Mayor on behalf of the City of protect the interests of the City. tate reutilization of nonproductive Cleveland. The deed shall contain Section 6. That the Director of lands situated within the City of such provisions as may be necessary Economic Development, the Director Cleveland; and to protect and benefit the public of Law, and other appropriate City Whereas, real property acquired interest including such restrictive officials are authorized to execute under the City’s Land Reutilization covenants and reversionary inter- any other documents and certifi- Program is acquired, held, adminis- ests as may be specified by the cates, and take any other actions tered and disposed by the City of Board of Control, the Director of which may be necessary or appro- Cleveland through its Department of Community Development or the priate to effect the lease authorized Community Development under the Director of Law. by this ordinance. terms of Chapter 5722 of the Ohio Section 6. That this ordinance is Section 7. That the lease payments Revised Code and Section 183.021 of hereby declared to be an emergency will be deposited into Fund No. 17 Codified Ordinances of the City of measure and, provided it receives SF 965. Cleveland, 1976; and the affirmative vote of two-thirds of Section 8. That this ordinance is Whereas, this ordinance consti- all the members elected to Council, declared to be an emergency mea- tutes an emergency measure provid- it shall take effect and be in force sure and, provided it receives the ing for the usual daily operation of immediately upon its passage and affirmative vote of two-thirds of all a municipal department; now, there- approval by the Mayor; otherwise it the members elected to Council, it fore, shall take effect and be in force shall take effect and be in force Be it ordained by the Council of from and after the earliest period immediately upon its passage and the City of Cleveland: allowed by law. approval by the Mayor; otherwise it Section 1. That under Section Passed June 9, 2008. shall take effect and be in force 183.021 of the Codified Ordinances of Effective June 16, 2008. from and after the earliest period Cleveland, Ohio 1976, the Commis- allowed by law. sioner of Purchases and Supplies is Passed June 9, 2008. authorized to sell the real property, Effective June 16, 2008. more fully described below, to Ord. No. 896-08. Dionne Thomas Carmichel. By Council Member Zone. Section 2. That the real property An emergency ordinance authoriz- to be sold pursuant to this ordinance ing the Director of Economic Devel- Ord. No. 899-08. is more fully described as follows: opment to lease approximately 2.5 By Council Member Cummins and acres of land located within 3418 Cres- Polensek. P. P. No. 118-27-022 cent Avenue to St. Ignatius High An emergency ordinance to amend Situated in the City of Cleveland, School, for a term of fifty years, with Section 605.10 of the Codified Ordi- County of Cuyahoga and State of two options to renew for additional nances of Cleveland, Ohio, 1976, as 1307 82 The City Record June 18, 2008 amended by Ordinance No. 1135-A-98, (excluding a jackhammer operated and shall be fined pursuant to Sec- passed January 11, 1999, relating to on weekdays between the hours of tion 601.99 which fine shall not be unnecessary noise. 8:00 a.m. and 7:00 p.m.) unless the suspended, waived, or otherwise re- Whereas, the possession, discharge, noise created thereby is effectively duced. ignition, or explosion any fireworks, muffled and reduced. (e) Whoever violates divisions exclusive of novelty fireworks, is (7) The creation of a loud and (b)(9) or (b)(10) of this section prohibited in the City under Sections excessive noise in connection with shall be guilty of a misdemeanor of 559.40 and 387.02 of the Codified the loading or unloading of any the fourth degree and shall be fined Ordinances; and vehicle or the opening and destruc- pursuant to Section 601.99 upon a Whereas, noise complaints caused tion of bales, boxes, crates and con- first offense, which fine shall not be by the discharge of fireworks in- tainers. suspended, waived, or otherwise crease dramatically during the days (8) The making of any unneces- reduced, and subject to up to 30 and weeks surrounding the Inde- sary noise by a person or by his days in jail. Notwithstanding this pendence Day holiday; and operation of any instrument, device, division, the penalties contained in Whereas, it is desirable to dis- agency or vehicle, and/or the per- Section 683.99 shall apply to viola- courage the illegal use of fireworks formance of any construction or tions of division (b)(9) of this sec- so to decrease the number of noise demolition activity or the operation tion. complaints, to assure the quiet, com- of any mechanical, electrical, pneu- (f) Whoever violates division fort, and repose of neighbors, and to matically, hydraulically powered or (b)(9) or (b)(10) of this section, decrease risks to life and property battery operated apparatus used in upon any subsequent offense, or associated with the discharge of connection with any construction or within 36 hours of having been fireworks; and demolition activity between the warned by a police officer to desist Whereas, this ordinance consti- hours of 7:00 p.m. and 7:00 a.m. with- from violating one of these sections, tutes an emergency measure provid- in 500 feet of places of residence shall be guilty of a misdemeanor of ing for the usual daily operation of and 150 feet of any portion of the the third degree and shall be fined a municipal department; now, there- grounds and premises on which is pursuant to Section 601.99, which fore, located a hospital or other institu- fine shall not be suspended, waived, Be it ordained by the Council of tion reserved for the sick, aged or or otherwise reduced, and subject to the City of Cleveland: infirm, or within 150 feet of any up to 60 days in jail. Each day upon Section 1. That Section 605.10 of school, courthouse, church or build- which a violation occurs or contin- the Codified Ordinances of Cleve- ing in which religious services are ues shall be a separate and punish- land, Ohio, 1976, as amended by held, during school hours, hours of able offense. Ordinance No. 1135-A-98, passed Jan- holding court or hours of public wor- (g) Whoever violates division uary 11, 1999, is hereby amended to ship, respectively. The area within (b)(10) of this section, during any read as follows: 150 feet of a hospital, school, court- of the dates of Memorial Day house or church shall be a “zone of through Labor Day, inclusive, shall Section 605.10 Unnecessary Noise quiet” and the Director of Public be guilty of a misdemeanor of the (a) No person shall make, or Safety shall place signs within such third degree and shall be fined pur- cause, suffer, allow, or permit to be zones of quiet calling attention to suant to Section 601.99, which fine made within the City any unreason- the prohibition against unnecessary shall not be suspended, waived, or ably loud, disturbing and unneces- noise. otherwise reduced, and subject to up sary noise, or noises of such char- (9) The making of any loud or to 60 days in jail. Each day upon acter, intensity or duration as to be unnecessary noise in violation of which a violation occurs or contin- detrimental to the life and health of Chapter 683 of these Codified Ordi- ues shall be a separate and punish- any individual, or unreasonably dis- nances. able offense. turb the quiet, comfort, or repose of (10) The discharge, ignition, or Section 2. That existing Section neighboring inhabitants. explosion of any fireworks, except 605.10 of the Codified Ordinances of (b) Loud, disturbing and unneces- novelty or trick fireworks as de- Cleveland, Ohio, 1976, as amended by sary noises in violation of this sec- fined in Section 3743.01 of the Re- Ordinance No. 1135-A-98, passed Janu- tion shall include without limitation vised Code, and except for licensed ary 11, 1999 is hereby repealed. the following: exhibitors of fireworks authorized Section 3. That this ordinance is (1) The sounding of any horn, to conduct a fireworks exhibition hereby declared to be an emergency bell, or other signal or warning pursuant to Section 3743.50 through measure and, provided it receives device on any motor vehicle, motor- 3743.55 of the Revised Code. the affirmative vote of two-thirds of cycle, bus or other vehicle, except as (c) Emergency utility or other all the members elected to Council, a danger or warning signal. repair work, such as restoring elec- it shall take effect and be in force (2) The keeping of any animal or tric power lines or a water or sewer immediately upon its passage and bird which, by causing frequent or main, shall be exempted from this approval by the Mayor; otherwise it long continued noise disturbs the ordinance. If there is a need to do shall take effect and be in force comfort and repose of any person in any construction or demolition activ- from and after the earliest period the vicinity, where such noise can ity other than emergency repairs the allowed by law. be distinctly heard outside the prop- construction contractor in charge of Passed June 9, 2008. erty line of the premises at which the project shall submit to the Direc- Effective June 16, 2008. the animal or bird is kept. tor of Public Safety a request to per- (3) The use of any motorcycle, or form construction work outside of vehicle so out of repair or so loaded the time allowed under this ordi- as to create loud or unnecessary nance. The Director of Public Safe- Ord. No. 942-08. grating, grinding, rattling or other ty may grant an exemption to this By Council Members Brancatelli noise. ordinance if such an exemption is and Sweeney (by departmental re- (4) The blowing of any steam justified and necessary. quest). whistle attached to any stationary (d) Whoever violates any of divi- An emergency ordinance authoriz- boiler, except to give notice of the sions (b)(1) through (b)(8) of this ing the Director of Public Health to time to begin or stop work or as a section is guilty of making unnec- apply for and accept a grant from warning of danger, or the use of essary noise, a minor misdemeanor, the United States Conference of steam under pressure for cleaning and shall be fined pursuant to Sec- Mayors and DuPont for the Cities purposes in any establishment tion 601.99, which fine shall not be for United Science Progress Pro- between the hours of 7:00 p.m. and suspended, waived or otherwise gram; to enter into one or more con- 7:00 a.m., when the windows of such reduced. Whoever violates this sec- tracts with various agencies, enti- establishment are open. tion within twelve (12) hours of ties or individuals; authorizing the (5) The unreasonable discharge having been charged with the minor Director to employ one or more pro- into the open air of the exhaust of misdemeanor of making un- fessional consultants to provide pro- any steam engine, stationary inter- necessary noise or of having been fessional services necessary to nal combustion engine, motor vehi- warned by a police officer to desist implement the grant; authorizing cle or motor boat engine. from making unnecessary noise is the Director to enter into one or (6) The use of any mechanical guilty of making unnecessary noise, more requirement contracts without device operated by compressed air a misdemeanor of the fourth degree, competitive bidding with BTS Labo- 1308 June 18, 2008 The City Record 83 ratories for pre-packaged dust wipe Public Health, and certified by the the contract or contracts certified by kits, authorizing the purchase by Director of Finance. the Director of Finance. one or more requirement contracts Section 7. That the Director of Pub- Section 11. That the Director of of cleaning kits, and other materi- lic Health is authorized to employ by Public Health is authorized to make als, supplies, and equipment needed; contract or contracts one or more one or more written contracts under and authorizing the purchase or consultants or one or more firms of the Charter and the Codified Ordi- lease of television and radio adver- consultants for the purpose of sup- nances of Cleveland, Ohio, 1976, for tising time and other media needed plementing the regularly employed the purchase or lease, during the to implement the program. staff of the several departments of grant term, of television and radio Whereas, this ordinance consti- the City of Cleveland in order to pro- advertising time and other media, tutes an emergency measure provid- vide professional services necessary for the Department of Public Health. ing for the usual daily operation of to provide marketing, education and Section 12. That under Section a municipal department; now, there- awareness services. 108(b) of the Charter, the purchases fore, The selection of the consultants authorized by this ordinance may be Be it ordained by the Council of for the services shall be made by made through cooperative agree- the City of Cleveland: the Board of Control on the nomi- ments using state procedures. The Section 1. That the Director of nation of the Director of Public Director of Public Health may sign all documents with the State of Ohio Public Health is authorized to apply Health from a list of qualified con- or any of its political subdivisions for and accept a grant in the sultants available for employment that are necessary to make the pur- approximate amount of $100,000 and as may be determined after a full chases, and may enter into one or any other funds that may become and complete canvass by the Direc- more contracts with the vendors available during the grant term, tor of Public Health for the purpose selected through that cooperative from the United States Conference of compiling a list. The compensa- process. of Mayors to conduct the Cities for tion to be paid for the services shall United Science Progress Program; Section 13. That the cost of the be fixed by the Board of Control. that the Director of Public Health is contract or contracts shall be paid The contract or contracts authorized authorized to file all papers and from the fund or funds to which are shall be prepared by the Director of execute all documents necessary to credited the grant proceeds accept- Law, approved by the Director of receive the funds under the grant; ed under this ordinance. Public Health, and certified by the and that the funds are appropriated Section 14. That this ordinance is Director of Finance. for the purposes set forth in the declared to be an emergency mea- summary for the grant contained in Section 8. That this Council deter- sure and, provided it receives the the file described below. mines that the within commodities affirmative vote of two-thirds of all Section 2. That the summary for are non-competitive and cannot be the members elected to Council, it the grant, File No. 942-08-A, made a secured from any source other than shall take effect and be in force part of this ordinance as if fully re- BTS Laboratories. Therefore, the immediately upon its passage and written, as presented to the Finance Director of Public Health is autho- approval by the Mayor; otherwise it Committee of this Council at the rized to make one or more written shall take effect and be in force public hearing on this legislation requirement contracts with BTS from and after the earliest period and shall not be changed without Laboratories under the Charter and allowed by law. additional legislative authority, is the Codified Ordinances of Cleve- Passed June 9, 2008. approved in all respects. land, Ohio, 1976, for the require- Effective June 9, 2008. Section 3. That the Director of ments for a period not to exceed the Public Health shall have the author- grant term of the necessary items of ity to extend the term of the grant pre-packaged dust wipe kits, to be during the grant term. purchased by the Commissioner of Ord. No. 946-08. Section 4. That the Director of Purchases and Supplies on a unit By Council Members Lewis and Public Health shall deposit the basis, for the Department of Public Sweeney (by departmental request). grant accepted under this ordinance Health. An emergency ordinance authoriz- into a fund or funds designated by Section 9. That the Director of ing the Judge or other authorized the Director of Finance to imple- Public Health is authorized to make officer of the Cleveland Municipal ment the program as described in one or more written requirement Court, Division of Housing Court, to the file and appropriated for that contracts under the Charter and the enter into a collective bargaining purpose. Codified Ordinances of Cleveland, agreement with the American Fed- eration of State, County and Munic- Section 5. That the Director of Ohio, 1976, for the requirements dur- ipal Employees. Public Health is authorized to enter ing the grant term of the necessary Whereas, this ordinance consti- into one or more contracts with var- items of cleaning kits, and other tutes an emergency measure provid- ious agencies, entities or individuals materials, supplies, and equipment ing for the usual daily operation of to implement the program as needed to implement the program, in a municipal department; now, there- described in the file. the approximate amount as pur- Section 6. That the Director of fore, chased during the preceding term, to Public Health is authorized to Be it ordained by the Council of be purchased by the Commissioner employ by contract or contracts one the City of Cleveland: of Purchases and Supplies on a unit or more consultants or one or more Section 1. That the Judge or other basis for the Department of Public firms of consultants for the purpose authorized officer of the Cleveland Health. Bids shall be taken in a of supplementing the regularly Municipal Court, Division of Hous- manner that permits an award to be employed staff of the several depart- ing Court, is authorized to enter into ments of the City of Cleveland in made for all items as a single con- a collective bargaining agreement order to provide professional ser- tract, or by separate contract for with the American Federation of vices necessary to perform assess- each or any combination of the State, County and Municipal Em- ments and manage the program as items as the Board of Control deter- ployees to provide employment described in the file. mines. Alternate bids for a period terms for the uniformed deputy The selection of the consultants less than the specified term may be bailiffs of the Housing Court as set for the services shall be made by taken if desired by the Commis- forth in File No. 946-08-A the Board of Control on the nomi- sioner of Purchases and Supplies Section 2. That this ordinance is nation of the Director of Public until provision is made for the declared to be an emergency mea- Health from a list of qualified con- requirements for the entire term. sure and, provided it receives the sultants available for employment Section 10. That the costs of the affirmative vote of two-thirds of all as may be determined after a full contract or contracts shall be the members elected to Council, it and complete canvass by the Direc- charged against the proper appro- shall take effect and be in force tor of Public Health for the purpose priation accounts and the Director immediately upon its passage and of compiling a list. The compensa- of Finance shall certify the amount approval by the Mayor; otherwise it tion to be paid for the services shall of the initial purchase, which pur- shall take effect and be in force be fixed by the Board of Control. chase, together with all later pur- from and after the earliest period The contract or contracts authorized chases, shall be made on order of allowed by law. shall be prepared by the Director of the Commissioner of Purchases and Passed June 9, 2008. Law, approved by the Director of Supplies under a requisition against Effective June 16, 2008. 1309 84 The City Record June 18, 2008

Ord. No. 947-08. By Council Members Lewis and Sweeney (by departmental request). An emergency ordinance establishing salary and wage schedules for various classifications, effective as of April 1, 2007, and repealing existing Ordinance No. 289-06, passed March 27, 2006, as amended. 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 this ordinance shall be known as the “General Salary Ordinance.” Further, that except as otherwise provided, the schedules of compensation set forth in Sections 2 to 56, inclusive, shall be effective as of April 1, 2007.

Section 2. Secretary to the Mayor, Directors of Departments, Planning Director, Executive Director Community Relations Board, four Executive Assistants to the Mayor.

(a) That the salary of the Secretary to the Mayor shall be fixed by the Mayor at not less than $50,795.78 and not more than $178,000.00 per annum. (b) That the salary of the Directors of Law, Finance, Public Utilities, Economic Development, Public Safety, Parks, Recreation and Properties, Public Service, Public Health, Personnel and Human Resources, Community Development, Building and Housing, Aging, Consumer Affairs, the Planning Director, and the Executive Director of the Community Relations Board and four (4) Executive Assistants to the Mayor shall be fixed by the Mayor at not less than $50,795.81 and not more than $171,581.77 per annum. (c) That the salary of the Director of Port Control shall be fixed by the Mayor at not less than $100,000.00 and not more than $222,895.30 per annum.

Section 3. Clerk of Council That the salary of the Clerk of Council shall be fixed at not less than $42,865.60 and not more than $103,752.48 per annum.

Section 4. Employees of Council – Salary That the Clerk of Council, with the approval of the President of Council, shall fix the salary of the employees of Council within the limits established in the following schedule for each classification:

Minimum Maximum 1. Administrative Assistant...... $21,851.06 $71,329.44 2. Administrative Secretary...... $20,800.00 $71,329.44 3. Assistant Legislative Clerk ...... $20,800.00 $55,902.08 4. Chief City Archivist...... $21,851.06 $75,233.60 5. Chief Legislative Secretary ...... $21,851.06 $75,233.60 6. Council Receptionist ...... $20,800.00 $45,140.16 7. Deputy City Archivist ...... $20,800.00 $71,329.44 8. Deputy Clerk ...... $21,851.06 $71,329.44 9. Director of Communications ...... $24,974.46 $75,233.60 10. Director of Policy Research ...... $24,974.46 $75,233.60 11. Executive Assistant – Administration...... $24,974.46 $75,233.60 12. Executive Assistant – Councilmembers ...... $20,800.00 $35,360.00 13. Executive Assistant to the Clerk of Council ...... $24,974.46 $75,233.60 14. Financial Assistant ...... $20,800.00 $45,140.16 15. Financial Manager ...... $21,851.06 $75,233.60 16. Financial Officer ...... $20,800.00 $71,329.44 17. First Assistant Clerk...... $24,975.91 $75,233.60 18. Information and Technology Administrator...... $21,851.06 $71,329.44 19. Information Systems Engineer ...... $24,974.46 $75,233.60 20. Legislative Assistant ...... $20,800.00 $60,186.88 21. Legislative Committee Clerk...... $20,800.00 $60,186.88 22. Legislative Secretary...... $20,800.00 $60,186.88 23. Personnel and Human Resources Assistant...... $20,800.00 $71,329.44 24. Personnel and Human Resources Manager...... $21,851.06 $75,233.60 25. Planning and Development Advisor...... $55,000.00 $74,984.00 26. Policy Research Analyst...... $21,851.06 $71,329.44 27. Public Relations Manager ...... $21,851.06 $75,233.60 28. Sergeant-at-Arms...... $20,800.00 $41,385.76 29. Special Counsel ...... $41,416.04 $80,340.00

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

Minimum Maximum 1. Four Executive Assistants to the Mayor ...... $35,410.47 $144,464.42 2. Special Assistant to the Mayor ...... $20,800.00 $ 96,444.42 3. Secretary to Directors of Departments ...... $36,590.39 $138,195.09 4. Secretary of the Civil Service Commission ...... $25,011.85 $ 96,445.08 1310 June 18, 2008 The City Record 85

5. Secretary to Director of Department of Port Control ...... $41,312.22 $143,360.63 6. Assistant Director of Finance ...... $36,590.39 $138,195.09 7. Assistant Director of Finance for Technology ...... $36,590.39 $138,195.09

Section 6. Department of Law That the Director of Law shall fix the salary of each member of his staff of lawyers in accordance with the following schedule:

CIVIL BRANCH Minimum Maximum 1. Assistant Director of Law I...... $26,250.00 $ 78,013.35 2. Assistant Director of Law I(s)...... $26,250.00 $ 83,585.74 3. Assistant Director of Law II ...... $31,500.00 $ 94,730.50 4. Assistant Director of Law II(s) ...... $31,500.00 $105,446.78 5. Chief Assistant Director of Law ...... $31,500.00 $122,592.41 6. Chief Corporate Counsel ...... $36,750.00 $134,949.04 7. Chief Counsel ...... $36,750.00 $134,949.04 8. Chief Trial Counsel...... $36,750.00 $134,949.04 9. Deputy Law Director...... $36,750.00 $134,949.04

CRIMINAL BRANCH Minimum Maximum 1. Chief Assistant Prosecutor...... $36,750.00 $134,949.04 2. First Assistant Prosecutor ...... $31,500.00 $122,592.41 3. Assistant Prosecutor ...... $23,100.00 $ 94,730.50

Section 7. Service Employees International Union, District 1199, AFL-CIO. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Custodial Worker ...... $ 10.00 $ 14.50 2. Window Washer ...... $ 12.54 $ 19.68 3. Bridge Oiler ...... $ 10.00 $ 17.49

Section 8. International Local 100, AFSCME Ohio Council 8 AFL-CIO. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant I ...... $10.00 $19.23 2. Accountant II ...... $10.00 $21.10 3. Accountant III...... $10.00 $23.39 4. Accountant Clerk I...... $10.00 $15.59 5. Accountant Clerk II...... $10.00 $16.83 6. Activities Therapist ...... $10.00 $14.81 7. AIDS Support Services Coordinator ...... $10.49 $16.56 8. Air Pollution Control Engineer I ...... $10.00 $24.74 9. Air Pollution Control Engineer II ...... $10.00 $26.07 10. Air Pollution Control Engineer III ...... $10.00 $27.47 11. Air Pollution Engineer ...... $12.04 $19.31 12. Air Pollution Inspector I ...... $12.12 $19.89 13. Air Pollution Inspector II ...... $10.00 $22.20 14. Air Pollution Technician I...... $10.00 $21.10 15. Air Pollution Technician II...... $10.00 $22.20 16. Air Pollution Technician III ...... $10.00 $24.74 17. Airport Information Representative ...... $10.02 $16.16 18. Airport Operations Agent I...... $14.14 $19.97 19. Airport Operations Agent II...... $17.77 $23.51 20. Airport Safety Man ...... $14.19 $21.96 21. Architect ...... $10.00 $29.08 22. Associate Engineer...... $17.83 $27.20 23. Assistant Buyer ...... $10.00 $20.19 24. Assistant City Planner ...... $10.00 $21.10 25. Assistant Civil Engineer...... $10.00 $21.10 26. Assistant Electrical Engineer...... $10.00 $21.10 27. Assistant Mechanical Engineer ...... $10.00 $21.10 28. Assistant Plan Examiner...... $13.42 $22.20 29. Associate Programmer ...... $10.00 $22.60 30. Bacteriologist...... $10.00 $23.39 31. Bill Collector...... $10.02 $16.16 32. Billing Clerk...... $10.00 $16.15 33. Building Inspector ...... $14.26 $21.45 34. Camera Room Operator ...... $10.00 $18.36 35. Caseworker I ...... $10.00 $17.54 36. Caseworker II ...... $10.00 $19.23 37. Cashier/Starter ...... $10.00 $19.24 38. Chemist ...... $10.00 $25.56 1311 86 The City Record June 18, 2008

39. Chief Miscellaneous Investigator...... $10.00 $22.20 40. Citizens Information Representative...... $10.00 $18.36 41. Civil Engineer...... $10.00 $29.08 42. Claims Examiner...... $10.00 $22.20 43. Clerk Typist...... $10.00 $12.05 44. Clinical Laboratory Assistant ...... $10.00 $18.36 45. Clinical Laboratory Technician I ...... $10.00 $21.10 46. Clinical Laboratory Technician II ...... $10.00 $22.60 47. Cocaine Treatment Counselor I ...... $10.00 $17.47 48. Cocaine Intake Specialist ...... $10.00 $15.72 49. Community Development Code Enforcement Inspector I ...... $14.08 $23.41 50. Community Development Code Enforcement Inspector II ...... $14.89 $24.74 51. Community Development Code Enforcement Inspector III...... $15.70 $26.07 52. Community Development Code Enforcement Inspector/Heating I ...... $14.08 $23.41 53. Community Development Code Enforcement Inspection/Heating II ...... $14.89 $24.74 54. Community Development Code Enforcement Inspection/Heating III...... $15.70 $26.07 55. Community Development Code Enforcement Inspector/Refrigeration I...... $14.05 $23.41 56. Community Development Code Enforcement Inspector/Refrigeration II...... $14.89 $24.74 57. Community Development Code Enforcement Inspector/Refrigeration III ...... $15.70 $26.07 58. Community Development Code Enforcement Inspector/Trainee...... $10.00 $19.35 59. Community Development Planner ...... $10.00 $27.98 60. Community Health Aide...... $10.00 $15.58 61. Community Relations Representative I ...... $10.00 $18.36 62. Community Relations Representative II ...... $10.00 $22.20 63. Community Relations Representative III...... $10.00 $27.47 64. Composing Equipment Operator...... $10.00 $20.19 65. Computer Monitor Assistant ...... $10.00 $13.34 66. Computer Operator...... $10.00 $22.20 67. Construction Technician...... $12.02 $22.20 68. Consumer Protection Specialist ...... $10.00 $17.54 69. Contract and Monitoring Specialist ...... $10.00 $23.48 70. Cook ...... $11.38 $15.18 71. Copy Center Operator...... $10.00 $17.83 72. Cost Construction Estimator...... $10.00 $21.61 73. Customer Service Representative ...... $10.03 $16.82 74. Data Control Clerk...... $10.00 $16.17 75. Data Conversion Operator ...... $10.00 $14.65 76. Dental Assistant...... $10.00 $15.27 77. Development Officer ...... $10.00 $26.06 78. Dietician ...... $10.00 $19.23 79. Disease Surveillance Specialist ...... $14.42 $30.92 80. Drug and Alcohol Counselor ...... $10.00 $14.29 81. Electrical Engineer ...... $10.00 $29.08 82. Electronic Engineer ...... $10.00 $29.61 83. Elevator Inspector ...... $14.23 $23.53 84. Engineer ...... $22.78 $33.12 85. Environmental Compliance Specialist I ...... $14.95 $22.11 86. Environmental Compliance Specialist II ...... $16.35 $23.16 87. Environmental Compliance Specialist III ...... $17.90 $29.79 88. Environmental Enforcement Specialist I...... $14.95 $23.02 89. Environmental Enforcement Specialist II...... $16.35 $24.12 90. Environmental Enforcement Specialist III ...... $17.90 $25.29 91. Environmental Monitoring Specialist I ...... $13.33 $22.82 92. Environmental Monitoring Specialist II ...... $14.18 $23.89 93. Environmental Monitoring Specialist III...... $15.74 $25.03 94. Environmental Technician ...... $12.35 $17.56 95. Family Planning Clerk...... $10.00 $13.47 96. Financial Analyst ...... $10.00 $21.10 97. Financial Counselor ...... $10.00 $22.20 98. First Press Operator ...... $12.00 $21.18 99. Fuel System Technician...... $10.00 $19.60 100. General Health Aide...... $10.00 $15.59 101. General Storekeeper...... $10.00 $23.76 102. Geriatric Outreach Worker ...... $10.00 $21.10 103. Hardware Analyst ...... $14.48 $48.48 1312 June 18, 2008 The City Record 87

104. Hazardous Material Specialist ...... $21.63 $31.08 105. Head Cook ...... $10.00 $16.80 106. Head Storekeeper...... $10.00 $21.95 107. Health Educator I ...... $10.00 $19.24 108. Health Educator II ...... $10.00 $21.10 109. Heating Inspector ...... $14.23 $21.45 110. Help Desk Analyst...... $12.02 $24.11 111. HIV Educator ...... $10.00 $12.28 112. House Connection Inspector ...... $12.70 $17.93 113. Housing Inspector...... $14.60 $19.35 114. Human Resources Contract Specialist...... $10.00 $29.07 115. Human Resources On-the-Job Training Specialist ...... $10.21 $24.72 116. Human Resources Planner...... $10.74 $30.71 117. Human Resources Special Projects Coordinator...... $10.21 $24.72 118. Income Tax Tracer ...... $10.04 $17.00 119. Industrial Hygiene Engineer ...... $10.00 $29.07 120. Industrial Nuisance Inspector ...... $10.00 $19.24 121. Information Control Analyst ...... $10.00 $20.13 122. Inspector of Weight and Measures ...... $10.00 $17.04 123. Instrumentation Technician I ...... $16.87 $20.66 124. Instrumentation Technician II ...... $18.83 $22.76 125. Instrument Repairman ...... $10.00 $20.34 126. Intake Specialist ...... $10.00 $15.59 127. Job Retraining Assistant...... $10.00 $21.10 128. Junior Cashier...... $10.00 $16.16 129. Junior Chemist...... $10.00 $16.83 130. Junior City Planner ...... $10.00 $19.24 131. Junior Civil Engineer ...... $10.00 $19.24 132. Junior Clerk...... $10.00 $13.46 133. Junior Draftsman...... $10.00 $16.51 134. Junior Engineering Aide ...... $10.00 $16.83 135. Lab Coordinator...... $16.82 $25.59 136. Laboratory Assistant ...... $10.00 $18.36 137. Laboratory Helper ...... $10.00 $14.51 138. Landscape Architect...... $10.00 $27.47 139. Lead Pressman...... $10.00 $21.40 140. Life Guard ...... $10.00 $15.38 141. Life Guard Captain ...... $10.00 $19.05 142. Mechanical Engineer ...... $10.00 $29.07 143. Messenger...... $10.00 $14.51 144. Meter Reader ...... $12.82 $18.34 145. Minority Business Consultant ...... $11.15 $32.36 146. Miscellaneous Investigator...... $10.00 $17.73 147. Monitoring, Auditing and Evaluation Coordinator ...... $13.65 $21.42 148. Network Analyst I...... $14.52 $33.58 149. Office Machine Operator ...... $10.00 $14.11 150. On The Job Training Specialist ...... $12.71 $20.70 151. Park and Recreation Planner...... $10.00 $27.47 152. Parking Attendant...... $10.00 $15.59 153. Parking Meter Collector...... $10.00 $15.56 154. Parking Meter Serviceman...... $13.62 $16.36 155. Permit Processing Specialist ...... $10.00 $13.06 156. Pharmacist...... $10.74 $30.70 157. Pharmacodependent Rehabilitation Counselor I ...... $10.00 $14.90 158. Pharmacodependent Rehabilitation Counselor II ...... $10.00 $17.60 159. Photographer ...... $10.00 $21.10 160. Photographic Laboratory Technician...... $10.00 $18.36 161. Photo-Litho Operator...... $10.00 $16.83 162. Physical Director ...... $10.00 $18.97 163. Plan Examiner...... $10.00 $25.09 164. Play Director ...... $10.00 $13.30 165. Police Data Specialist ...... $10.00 $17.55 166. Police Radio Technician ...... $16.38 $19.98 167. Pressman ...... $10.00 $20.71 168. Preventive Health Counselor...... $13.59 $21.46 169. Preventive Health Educator ...... $10.00 $14.42 170. Principal Cashier ...... $10.00 $22.60 171. Principal Clerk ...... $11.93 $19.13 172. Print Shop Helper...... $10.61 $14.24 173. Private Secretary ...... $10.00 $20.19 174. Program Analyst ...... $16.64 $29.25 175. Programmer...... $10.00 $26.07 1313 88 The City Record June 18, 2008

176. Programmer Analyst...... $10.00 $29.25 177. Property Clerk ...... $11.37 $32.39 178. Psychiatric Social Worker...... $12.48 $21.04 179. Psychologist I ...... $10.74 $27.99 180. Psychologist II...... $12.88 $32.99 181. Public Health Nursing Aide ...... $10.63 $13.44 182. Public Health Sanitarian I ...... $12.78 $20.83 183. Public Health Sanitarian II...... $14.35 $22.46 184. Public Health Sanitarian III...... $15.49 $23.58 185. Public Health Sanitarian IV ...... $10.00 $28.97 186. Public Information Officer ...... $10.00 $22.20 187. Quality Assurance Analyst ...... $10.00 $26.06 188. Quality Control Coordinator ...... $16.82 $25.60 189. Radio Dispatcher...... $17.33 $19.98 190. Radio Technician ...... $16.38 $19.98 191. Receptionist...... $10.00 $14.86 192. Records Manager ...... $10.00 $15.58 193. Recreation Aide ...... $10.00 $10.72 194. Recreation Instructor ...... $10.00 $15.59 195. Recreation Instructor I...... $10.00 $16.61 196. Recreation Instructor II...... $10.00 $17.24 197. Recreation Instructor III ...... $10.00 $18.24 198. Recreation Program Supervisor ...... $10.00 $16.96 199. Redevelopment Advisor ...... $10.00 $23.40 200. Redevelopment Coordinator ...... $10.00 $26.07 201. Refrigeration Inspector ...... $14.26 $21.45 202. Refugee Outreach Worker...... $10.00 $14.50 203. Registered Animal Health Technician ...... $10.00 $15.59 204. Rehabilitation Advisor ...... $10.00 $20.19 205. Rehabilitation Inspector...... $14.60 $26.05 206. Sanitarian Aide...... $11.62 $15.12 207. Second Press Operator ...... $10.00 $18.94 208. Secretary...... $10.00 $16.83 209. Secretary to Director of Consumer Affairs ...... $10.00 $27.47 210. Senior Assistant Architect...... $10.00 $23.40 211. Senior Assistant City Planner ...... $10.00 $23.40 212. Senior Assistant Civil Engineer ...... $10.00 $23.40 213. Senior Assistant Electrical Engineer...... $10.00 $23.40 214. Senior Assistant Mechanical Engineer...... $10.00 $23.40 215. Senior Assistant Traffic Engineer...... $10.00 $23.40 216. Senior Bacteriologist...... $10.00 $20.19 217. Senior Cashier ...... $10.00 $19.23 218. Senior Chemist ...... $10.00 $22.20 219. Senior Clerk ...... $10.29 $15.78 220. Senior Computer Operator ...... $10.00 $26.07 221. Senior Contract and Monitoring Specialist ...... $11.34 $27.63 222. Senior Data Conversion Operator ...... $10.80 $17.55 223. Senior Development Officer ...... $12.63 $34.20 224. Senior Draftsman ...... $10.00 $18.86 225. Senior Engineering Draftsman and Photographer ...... $10.00 $21.10 226. Senior Information Control Analyst ...... $10.00 $22.20 227. Senior Laboratory Technician...... $10.86 $17.17 228. Senior Landscape Architect ...... $10.00 $29.07 229. Senior Site Inspector – Demolition ...... $10.00 $24.72 230. Sewer Service Man ...... $14.99 $18.34 231. Site Inspector...... $10.00 $22.20 232. Social Worker for Homeless ...... $13.82 $21.83 233. Starter (Golf) ...... $10.00 $12.90 234. S.T.D. Clerk ...... $10.00 $12.46 235. Stenographer I ...... $10.00 $14.14 236. Stenographer II...... $10.77 $15.78 237. Stenographer III...... $10.00 $17.54 238. Stock Clerk...... $10.00 $17.35 239. Storekeeper ...... $10.00 $19.76 240. Street Obstruction Inspector ...... $10.00 $18.36 241. Surveyor...... $10.00 $26.07 242. Tax Auditor I...... $10.60 $17.84 243. Tax Auditor II...... $12.41 $19.74 244. Technical Specialist ...... $10.00 $22.20 245. Technical Specifications Writer ...... $10.00 $23.41 246. Telecommunications Analyst I ...... $14.53 $40.40 247. Telephone Operator ...... $10.00 $16.16 248. Telephone Supervisor ...... $10.00 $16.83 249. Timekeeper...... $10.00 $16.83 1314 June 18, 2008 The City Record 89

250. Traffic Engineer ...... $10.00 $27.47 251. Traffic Sign and Marking Technician ...... $13.68 $16.83 252. Typist ...... $10.00 $14.65 253. Urban Planning and Development Technician ...... $10.00 $14.66 254. Utility Adjuster...... $10.64 $15.78 255. Vector Control Assistant...... $10.00 $14.05 256. Veteran's Counselor ...... $10.00 $19.11 257. Water Hydraulic Repairman ...... $14.99 $18.34 258. Water Meter Repairman ...... $14.99 $18.34 259. Water Pipe Repairman...... $13.58 $20.18 260. Water Serviceman...... $10.00 $15.67 261. Water System Construction Inspector ...... $15.67 $22.92 262. Web Content Editor ...... $10.00 $28.33

Section 9. Ohio Patrolmen’s Benevolent Association. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Guard ...... $ 10.00 $ 16.55 2. Correctional Officer...... $ 12.18 $ 16.55 3. Institutional Guard ...... $ 12.18 $ 16.55

Section 10. Cleveland Police Patrolmen’s Association (C.P.P.A.) Civilian Personnel. That salaries and compen- sation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Bilingual Communication Specialist ...... $22,882.82 $ 35,547.20 2. Police Radio Dispatcher...... $22,885.90 $ 38,923.04 3. Police Safety Aide ...... $20,800.00 $ 27,709.76 4. Safety Telephone Operator...... $21,266.04 $ 30,630.08

Section 11. International Union of Operating Engineers, Local 10. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Assistant Superintendent of Distribution ...... $14.77 $24.37 2. Assistant Superintendent of Sewer Maintenance ...... $14.77 $24.74 3. Chief Meter Reader...... $13.26 $19.48 4. Chief Radio Dispatcher-Water ...... $15.12 $22.13 5. Data Conversion Supervisor...... $11.92 $19.68 6. Engineer of Hydraulic Surveys ...... $18.59 $27.10 7. Meter Reader Supervisor...... $14.47 $21.16 8. Sewer Construction Unit Leader ...... $15.67 $23.24 9. Sewer Maintenance Unit Leader ...... $14.09 $21.61 10. Sewer Maintenance Unit Leader Operator ...... $14.09 $20.62 11. Supervisor of Radio Service ...... $15.13 $23.30 12. Unit Supervisor ...... $13.29 $21.88 13. Water Hydraulic Unit Leader...... $14.09 $20.62 14. Water Hydraulic Supervisor ...... $15.96 $23.24 15. Water Meter Department Unit Leader ...... $14.09 $20.62 16. Water Meter Department Supervisor...... $15.96 $23.24 17. Water Pipe Repair Unit Leader ...... $14.09 $20.98 18. Water Pipe Repair Supervisor...... $15.97 $23.60

Section 12. International Union of Operating Engineers, Local 18-S. That salaries and compensation in the fol- lowing classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Building Stationary Engineer ...... $10.14 $18.52 2. Chief Building Stationary Engineer...... $12.37 $19.81 3. Chief Stationary Engineer ...... $10.00 $21.04 4. Stationary Boiler Room Operator ...... $12.29 $19.21 5. Water Plant Operator I...... $15.70 $20.28 6. Water Plant Operator II ...... $17.73 $21.72

Section 13. International Union of Painters and Allied Trades, District Council No. 6, AFL-CIO. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Sign Painter ...... $23.23 $30.28 2. Sign Painter Unit Leader ...... $24.23 $32.13 3. Spray Painter ...... $20.83 $27.58 4. Traffic Sign and Marking Supervisor ...... $13.28 $24.09 5. Traffic Sign Process Operator...... $13.28 $24.09 1315 90 The City Record June 18, 2008

Section 14. Fraternal Order of Police, Ohio Labor Council, Inc. (Security Officers). That salaries and compen- sation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Security Officer...... $10.80 $19.12

Section 15. Ohio Patrolmen’s Benevolent Association (Chief Dispatcher). That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Chief Radio Dispatcher ...... $39,788.00 $ 44,688.80

Section 16. City, County and Waste Paper Drivers Union, Local No. 244, affiliated with the International Brotherhood of Teamsters. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Man ...... $11.97 $17.29 2. Concrete Mixer Driver ...... $14.82 $21.45 3. Dog Warden...... $11.04 $15.97 4. Ground Maintenance Truck Driver II ...... $12.34 $17.87 5. Hostler...... $10.00 $14.18 6. Parking Enforcement Officer...... $10.00 $14.10 7. Section Supervisor (part-time/seasonal) ...... $10.00 $10.30 8. Snow Removal Vehicle Operator (part-time/seasonal)...... $10.40 $15.49 9. Street Carry-all Driver ...... $15.55 $22.50 10. Street Maintenance Equipment Leader ...... $16.15 $23.37 11. Street Equipment Maintenance Specialist ...... $15.55 $22.50 12. Tanker Truck Driver ...... $15.55 $22.50 13. Tow Truck Operator...... $11.80 $17.10 14. Traffic Controller...... $10.00 $14.10 15. Truck Driver...... $12.50 $18.11 16. Waste Collection Driver...... $12.33 $17.85 17. Waste Collection Roll-Off Driver...... $15.52 $22.94

Section 17. International Association of Machinists District Council 54, Local 439. That salaries and compensa- tion in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Machinist ...... $15.83 $21.43 2. Machinist Helper ...... $13.72 $18.11

Section 18. S.E.M.E., Local 1. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Auto Body Repair Unit Leader ...... $12.88 $23.51 2. Auto Body Repair Worker ...... $15.73 $19.55 3. Automobile Repair Helper...... $10.13 $15.42 4. Automobile Repair Worker ...... $12.60 $19.37 5. Automobile Repairman Unit Leader...... $17.78 $23.51 6. Blacksmith...... $15.79 $22.90 7. Garage Worker ...... $12.42 $16.48 8. Heavy Duty Auto Body Repair Worker ...... $15.73 $19.55 9. Heavy Duty Mechanic...... $15.75 $23.22 10. Heavy Duty Unit Leader ...... $23.85 $28.78 11. Small Equipment Repair Worker ...... $12.26 $17.83 12. Tire Repair Worker...... $14.08 $17.66 13. Welder ...... $18.36 $22.58 14. Welder/Fabricator ...... $18.36 $22.99

Section 19. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Bridge Attendant...... $10.00 $14.81 2. Electric Bridge Operator...... $10.00 $17.88 3. Electric Bridge Operator Leader ...... $10.00 $18.05 1316 June 18, 2008 The City Record 91

Section 20. International Brotherhood of Electrical Workers, Local 38. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Assistant Chief Electrical Inspector ...... $31,747.58 $46,804.16 2. Code Enforcement Inspector/Electrical I...... $ 14.83 $ 22.50 3. Code Enforcement Inspector/Electrical II ...... $ 15.66 $ 23.77 4. Code Enforcement Inspector/Electrical III ...... $ 16.49 $ 25.05 5. Electrical Inspector...... $30,094.45 $44,368.48

Section 21. Plumbers Inspectors, Local 55. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Assistant Chief Plumbing Inspector ...... $31,747.58 $ 46,804.16 2. Code Enforcement Inspector/Plumbing I...... $ 14.83 $ 22.50 3. Code Enforcement Inspector/Plumbing II ...... $ 15.66 $ 23.77 4. Code Enforcement Inspector/Plumbing III ...... $ 16.49 $ 25.05 5. Plumbing Inspector ...... $30,094.45 $ 44,368.48

Section 22. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Emergency Medical Dispatcher ...... $24,765.24 $40,503.83 2. Emergency Medical Technician ...... $26,336.35 $44,183.97 3. Paramedic I...... $27,741.02 $45,852.83 4. Paramedic II...... $29,239.09 $46,270.05 5. Paramedic III ...... $33,570.30 $47,758.90 6. Emergency Medical Dispatcher Trainee...... $ 10.50 $ 10.50 7. Emergency Medical Technician Trainee ...... $ 10.50 $ 10.50

Section 23. Ohio Nurses Association, Local 85. That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Nurse II ...... $20,800.00 $49,079.60 2. Public Health Nurse ...... $20,800.00 $49,079.60 3. Public Health Nurse I...... $23,146.64 $46,152.70 4. Public Health Nurse II...... $35,887.06 $47,786.11 5. Public Health Nurse III ...... $39,098.75 $50,935.94 6. Public Health Nurse IV ...... $28,151.33 $55,586.75 7. Supervising Public Health Nurse ...... $23,647.11 $53,567.06

Section 24. International Brotherhood of Electrical Workers, AFL-CIO, Local 39. That the salaries and the com- pensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Apprentice Cable Splicer...... $14.78 $23.95 2. Apprentice Lineman...... $14.89 $24.13 3. Cable Foreman...... $20.92 $31.33 4. Cable Splicer...... $17.46 $26.25 5. Cable Splicer I ...... $18.72 $28.10 6. Cable Splicer II ...... $17.14 $25.76 7. Cable Splicer Helper...... $12.62 $22.18 8. Dispatcher Electric System Operator ...... $17.64 $26.50 9. Electric Meter Industrial Installer ...... $18.64 $28.00 10. Electric Meter Instrument Specialist and General Tester ...... $18.86 $28.31 11. Electric Meterman Apprentice ...... $14.55 $23.61 12. Electric Meter Service Foremen...... $20.92 $31.33 13. Electric Meter Service Installer I ...... $17.38 $26.61 14. Electric Meter Service Installer II ...... $16.18 $24.37 15. Electric Motor and Transformer Repairman ...... $17.38 $26.11 16. Electric Switchboard Operator Foreman ...... $20.92 $31.33 17. Electric Transmission and Distribution Inspector...... $18.72 $28.60 18. Foreman Low Tension ...... $20.55 $30.80 19. Gas Turbine Mechanic ...... $17.38 $26.61 20. Gas Turbine Mechanic Apprentice...... $14.78 $23.95 21. Junior Electric Switchboard Operator ...... $14.86 $22.42 22. Leader Lineman Low-Tension...... $19.93 $29.90 23. Line Foreman ...... $20.92 $31.33 24. Line Clearance Man...... $14.62 $23.30 25. Line Helper Driver...... $12.44 $22.84 1317 92 The City Record June 18, 2008

26. Lineman ...... $18.72 $28.10 27. Lineman Leader...... $20.06 $30.07 28. Line Switchman ...... $20.06 $30.07 29. Low Tension Lineman ...... $17.46 $26.25 30. Low Tension Lineman Apprentice ...... $14.37 $23.30 31. Low Tension Trouble Lineman ...... $18.30 $29.76 32. Police Division Trouble Lineman...... $19.19 $28.79 33. Safety Signal Trouble Lineman ...... $19.19 $28.79 34. Senior Cable Splicer...... $19.71 $29.57 35. Senior Electric Switchboard Operator...... $16.39 $24.65 36. Senior Lineman ...... $19.71 $29.57 37. Signal System Powerman ...... $19.54 $29.32 38. Telecommunications Technician ...... $19.54 $29.32 39. Traffic Signal Control Technician ...... $20.69 $31.00 40. Transformer Repairman Foreman...... $20.92 $31.33 41. Trouble Lineman...... $19.71 $29.57 42. Underground Conduit Foreman ...... $20.92 $31.33

Section 25. Municipal Foremen and Laborer’s Union (Chartered: Municipal, County & State Employees’ Union Local 1099, AFL-CIO)(Non-Supervisory). That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accident and Safety Inspector...... $18.45 $20.45 2. Arborist I ...... $16.11 $18.11 3. Assistant Gardener ...... $12.68 $14.68 4. Cemeteries Maintenance Man I ...... $14.42 $16.42 5. Cemeteries Maintenance Man II ...... $22.38 $24.38 6. Cold Patch and Crack Sealing Worker ...... $15.83 $17.83 7. Crematory and Mausoleum Operator...... $16.11 $18.11 8. Engineering and Construction Inspector...... $17.26 $19.26 9. Gardener ...... $16.11 $18.11 10. Ground Maintenance Man ...... $14.42 $16.42 11. Lead Program Assistant ...... $15.64 $17.64 12. Mechanical Handyman...... $15.04 $17.04 13. Municipal Service Laborer...... $14.42 $16.42 14. Practical Nurse ...... $14.36 $16.36 15. Radio Operator...... $16.52 $18.52 16. Real Estate Maintenance Man ...... $15.25 $17.25 17. Sidewalk Inspector ...... $15.78 $17.78 18. Street Permit Supervisor ...... $14.39 $16.39 19. Street Sweeper – Waste Collection ...... $14.03 $16.03 20. Tire Shredder...... $15.14 $17.14 21. Transfer Station Attendant...... $19.33 $21.33 22. Waste Collector ...... $14.42 $16.42 23. Waste Collector – Cushman Operator...... $14.81 $16.81 24. Watchman ...... $12.15 $14.15

Section 26. Municipal Foremen and Laborer’s Union (Chartered: Municipal, County & State Employees’ Union Local 1099, AFL-CIO)(Supervisory). That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Field Foreman ...... $18.30 $20.30 2. Arborist II ...... $18.62 $20.62 3. Arborist III...... $20.99 $22.99 4. Assistant Manager of Parks and Urban Forestry ...... $22.66 $24.66 5. Assistant Superintendent of Waste Collection ...... $23.21 $25.21 6. Cemetery Foreman ...... $18.31 $20.31 7. Cemetery Supervisor ...... $21.00 $23.00 8. Chief Engineering and Construction Inspector ...... $23.06 $25.06 9. Chief Horticulturist...... $27.48 $29.48 10. Cold Patch and Crack Sealing Foreman...... $21.11 $23.11 11. District Paving Repair Foreman ...... $28.58 $30.58 12. General Construction Foreman...... $28.83 $30.83 13. General Shop Foreman ...... $23.23 $25.23 14. Greenskeeper ...... $19.01 $21.01 15. Ground Maintenance Crew Foreman...... $15.56 $17.56 16. Ground Maintenance Foreman...... $18.31 $20.31 17. Horticulturist ...... $26.33 $28.33 18. Horticulturist Maintenance Foreman ...... $20.53 $22.53 19. Labor Foreman ...... $18.30 $20.30 20. Maintenance Foreman ...... $17.52 $19.52 21. Parking Coordinator ...... $19.33 $21.33 1318 June 18, 2008 The City Record 93

22. Set-Up Foreman...... $15.28 $17.28 23. Shop Foreman...... $18.30 $20.30 24. Street Cleaning District Foreman ...... $18.30 $20.30 25. Street Maintenance Foreman...... $18.30 $20.30 26. Street Maintenance General Foreman...... $23.23 $25.23 27. Waste Collection Foreman ...... $18.30 $20.30 28. Waste Collection Foreman I ...... $20.08 $22.08 29. Waste Collection Transfer Foreman ...... $20.83 $22.83 30. Watchman Supervisor...... $15.20 $17.20

Section 27. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Fingerprint Examiner ...... $22,000.00 $ 37,764.48 2. Scientific Examiner...... $25,000.00 $ 54,905.76

Section 28. Cleveland Fire Fighters Union, Local 93 Safety Supervisors. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Safety Supervisor ...... $38,762.61 $ 52,232.96

Section 29. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Budget Analyst ...... $20,800.00 $51,467.17 2. Buyer ...... $20,800.00 $47,054.71 3. Civil Service Examiner I...... $20,800.00 $39,450.31 4. Civil Service Examiner II ...... $20,800.00 $42,428.01 5. Civil Service Examiner III ...... $20,800.00 $48,701.54 6. Civil Service Examiner IV...... $20,800.00 $60,439.25 7. Court Stenographer ...... $20,800.00 $39,530.38 8. Docket Clerk...... $20,800.00 $35,267.23 9. Junior Personnel Assistant ...... $20,800.00 $38,221.13 10. Law Librarian ...... $20,800.00 $38,110.77 11. Legal Secretary...... $20,800.00 $44,579.06 12. Misdemeanor Investigator ...... $20,800.00 $46,152.31 13. Office Manager ...... $20,800.00 $48,223.28 14. Parking Enforcement Analyst ...... $20,800.00 $43,265.49 15. Paralegal ...... $20,800.00 $42,428.01 16. Personnel Assistant...... $20,800.00 $46,057.09 17. Private Secretary to Director...... $20,800.00 $46,165.29 18. Senior Personnel Assistant ...... $20,800.00 $48,701.54 19. Tape Librarian...... $20,800.00 $40,491.21

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

Minimum Maximum 1. Administrative Officer ...... $20,800.00 $51,436.88 2. Cable Protection Specialist ...... $20,800.00 $37,416.11 3. Case Worker Supervisor...... $20,800.00 $43,912.54 4. Chief Air Pollution Inspector ...... $20,800.00 $49,696.99 5. Chief Caseworker Supervisor ...... $22,426.64 $44,605.03 6. Chief Clerk ...... $22,050.00 $46,165.29 7. Chief Photographer ...... $20,800.00 $49,696.99 8. Reserved ...... $ 0.00 9. Chief Telephone Operator...... $20,800.00 $48,582.52 10. Cocaine Treatment Supervisor...... $22,426.64 $46,165.29 11. Composing Supervisor ...... $20,800.00 $42,428.01 12. Consumer Protection Supervisor ...... $20,800.00 $44,605.03 13. Custodial Worker Supervisor ...... $20,800.00 $41,030.05 14. Epidemiologist...... $40,000.00 $80,369.98 15. Personnel Analyst I...... $21,000.00 $45,881.80 16. Safety Programs Officer I...... $25,000.00 $64,297.72 17. Safety Programs Officer II...... $25,000.00 $45,007.54 18. Secretary to Board of Examiner of Board of Review (Electrical) ...... $20,800.00 $38,623.65 19. Secretary – Boxing and Wrestling Commission ...... $30,573.46 $35,267.23 20. Superintendent of Maintenance ...... $23,606.98 $55,557.20 1319 94 The City Record June 18, 2008

21. Superintendent of Street Cleaning ...... $25,967.68 $45,323.49 22. Superintendent of Waste Collection ...... $29,508.73 $55,557.20 23. Supervisor of Income Tax Files ...... $20,800.00 $38,623.65 24. Supervisor of Storeroom and Mailing ...... $20,800.00 $35,267.23

Section 31. That the salaries and the compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Supervisor...... $21,019.66 $59,067.25 2. Assistant Chief Building Inspector ...... $20,800.00 $57,028.73 3. Assistant Chief Housing Inspector ...... $20,800.00 $49,696.99 4. Assistant Custodian ...... $20,800.00 $47,052.55 5. Assistant Superintendent of Electrical Generation...... $21,019.66 $55,072.45 6. Bridge Inspector...... $20,800.00 $40,491.21 7. Bureau Manager – Housing...... $26,797.11 $79,759.73 8. Bureau Manager – Demolition...... $26,797.11 $79,759.73 9. Bureau Manager – Building ...... $26,797.11 $79,759.73 10. Cable Production Manager ...... $20,800.00 $90,359.16 11. Chief Bridge Operator...... $20,800.00 $48,699.38 12. Chief of Electric Meter Bureau ...... $26,274.57 $68,746.97 13. Chief Guard...... $20,800.00 $40,268.30 14. Chief Safety Signal System ...... $ 18.60 $ 35.73 15. Chief Sidewalk Inspector...... $20,800.00 $44,607.19 16. Chief Street Permit Inspector ...... $20,800.00 $42,428.01 17. Chief of Traffic Signal Unit ...... $ 18.60 $ 35.73 18. Community Development Code Enforcement Inspector Supervisor ...... $34,464.91 $55,204.46 19. Coordinator of Parking Enforcement ...... $20,800.00 $50,835.28 20. Correctional Supervisor...... $20,800.00 $49,696.99 21. District Forester...... $31,043.38 $56,645.70 22. Environmental Assistant...... $20,800.00 $49,696.99 23. Field Operations Forester...... $32,445.00 $58,785.93 24. General Superintendent of Waste Collection ...... $30,473.96 $61,910.79 25. House Sergeant...... $20,800.00 $35,572.36 26. Instrumentation Supervisor ...... $29,200.50 $65,195.79 27. Parking Meter Foreman...... $24,679.38 $40,030.27 28. Printing Foreman ...... $28,404.92 $50,577.76 29. Supervisor of Landscape Construction ...... $20,800.00 $45,323.49 30. Supervisor of Parking Enforcement Unit ...... $20,800.00 $39,482.76 31. Supervisor of Markets...... $20,800.00 $43,912.54 32. Supervisor of Weights and Measures ...... $20,800.00 $61,780.95 33. Survey Party Chief ...... $20,800.00 $54,685.09 34. Tunnel Maintenance Foreman ...... $20,800.00 $36,000.97 35. Tunnel Maintenance Man ...... $20,800.00 $32,869.98

Section 32. That the salaries and the compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant IV ...... $20,800.00 $57,688.76 2. Airport Operations Agent III ...... $20,800.00 $54,163.56 3. Assistant Bureau Chief-Demolition ...... $20,800.00 $52,330.62 4. Assistant Financial Systems Coordinator...... $20,800.00 $52,330.62 5. Assistant Personnel Administrator ...... $20,800.00 $54,163.56 6. Assistant Water Plant Manager ...... $ 10.00 $ 32.15 7. Assistant Water Plant Manager – Parma ...... $ 10.00 $ 32.15 8. Budget and Management Analyst ...... $20,800.00 $54,163.56 9. Chief Dog Warden...... $20,800.00 $79,686.15 10. Labor Relations Assistant ...... $20,800.00 $52,330.62 11. Machinist Unit Leader ...... $ 14.28 $ 24.28 12. Rehabilitation Supervisor ...... $20,800.00 $52,330.62 13. Superintendent of Sewer Maintenance...... $20,800.00 $72,440.97 14. Supervisor of Architectural Construction ...... $20,800.00 $54,185.19 15. Supervisor of Personnel Records...... $20,800.00 $52,330.62 16. Supervisor of Site Development ...... $20,800.00 $52,330.62 17. Supervisor of Vital Statistics ...... $20,800.00 $54,163.56 18. Systems Analyst ...... $20,800.00 $60,010.77 19. Water System Construction Inspector Supervisor...... $20,800.00 $60,737.89 1320 June 18, 2008 The City Record 95

Section 33. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Superintendent ...... $20,092.80 $61,296.21 2. Assistant Commissioner of Recreation...... $20,092.80 $69,660.19 3. Assistant Contract Compliance Officer ...... $20,092.80 $55,191.48 4. Assistant Director of Public Health Nurses ...... $20,092.80 $55,191.48 5. Assistant Income Tax ...... $20,092.80 $55,191.48 6. Assistant Manager of Audit Control and Personnel...... $20,092.80 $57,123.96 7. Assistant Manager of Recreation...... $20,092.80 $55,191.48 8. Assistant Superintendent of Pumping ...... $20,092.80 $55,191.48 9. Assistant Superintendent of Purification ...... $20,092.80 $55,191.48 10. Auditor ...... $20,092.80 $57,123.96 11. Chief Alcoholism Coordinating Service ...... $20,092.80 $55,191.48 12. Chief of the Demolition Bureau ...... $20,092.80 $55,191.48 13. Chief Plan Examiner ...... $20,092.80 $57,123.96 14. City Planner...... $30,000.00 $58,939.58 15. Deputy Commissioner of Recreation-Fiscal Control...... $20,092.80 $69,660.19 16. Deputy Project Director ...... $20,092.80 $61,006.23 17. Desktop Publishing Specialist ...... $20,231.40 $56,422.81 18. District Supervisor – Environmental Health ...... $20,092.80 $58,939.58 19. Emergency Medical Technician Supervisor...... $20,092.80 $57,123.96 20. Income Tax Supervisor...... $20,092.80 $55,191.48 21. Office of Professional Standards – Investigative Auditor ...... $20,092.80 $55,191.48 22. Office of Professional Standards – Standards Research/Analyst ...... $20,092.80 $55,191.48 23. Assistant Plumbing Inspector...... $20,092.80 $39,971.83 24. Project Program Director of Consumer Affairs ...... $20,092.80 $55,191.48 25. Recreation Center Manager ...... $32,500.00 $69,660.19 26. Superintendent of Light Equipment Maintenance ...... $20,092.80 $55,191.48 27. Superintendent of Vehicle Administrative Services ...... $20,092.80 $68,744.81 28. Supervisor Administrative Services-Data Processing Center ...... $20,092.80 $55,191.48 29. Supervisor of Milk Program...... $20,092.80 $55,191.48 30. Supervisor of Vector Control...... $20,092.80 $55,191.48 31. Welfare Liaison ...... $20,092.80 $55,191.48

Section 34. That the salaries and compensation in the following classifications shall be fixed by the appoint- ing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Air Pollution Control, Engineer IV ...... $20,800.00 $58,396.41 2. Airport Safety Shift Commander ...... $20,800.00 $58,396.41 3. Assistant Administrator...... $20,800.00 $62,252.71 4. Assistant Health Center Director ...... $20,800.00 $58,396.41 5. Assistant Manager of Marketing...... $20,800.00 $58,396.41 6. Assistant Security Manager...... $20,800.00 $61,754.98 7. Central Payroll Supervisor...... $20,800.00 $83,585.74 8. Chief Building Inspector...... $20,800.00 $61,780.95 9. Chief Electrical Inspector ...... $20,800.00 $58,396.41 10. Chief Elevator Inspector...... $20,800.00 $58,396.41 11. Chief Environmental Health-Engineering ...... $20,800.00 $58,396.41 12. Chief Heating Inspector...... $20,800.00 $59,484.91 13. Chief Housing Inspector ...... $20,800.00 $60,439.25 14. Chief Plumbing Inspector...... $20,800.00 $58,396.41 15. Chief Rehabilitation Supervisor ...... $20,800.00 $60,439.25 16. Contract Supervisor – Division of Purchases and Supplies...... $20,800.00 $58,396.41 17. Data Processing Supervisor ...... $20,800.00 $58,396.41 18. Human Resources Contract Administrator ...... $20,800.00 $77,944.11 19. Manager of Public Utilities – Building Maintenance ...... $20,800.00 $78,013.35 20. Public Health Nurse V ...... $30,653.67 $59,911.23 21. Public Health Nurse VI ...... $35,658.35 $69,246.86 22. Senior Systems Analyst ...... $20,800.00 $79,298.79 23. Shift Supervisor Operations ...... $20,800.00 $58,396.41 24. Superintendent of Distribution ...... $20,800.00 $72,440.97 25. Superintendent of Pumping ...... $20,800.00 $58,396.41 26. Superintendent of Purchased Power ...... $27,325.56 $72,702.82 27. Superintendent of Purification ...... $20,800.00 $58,396.41 1321 96 The City Record June 18, 2008

28. Supervising Tax Auditor ...... $20,800.00 $58,396.41 29. Supervisor of Civil Service Records ...... $20,800.00 $58,396.41

Section 35. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Operations Superintendent...... $23,333.40 $63,916.85 2. Airport Security Coordinator ...... $23,333.40 $61,754.98 3. Assistant Airport Safety Chief/ Training Officer...... $23,333.40 $61,754.98 4. Assistant Chief of Pumping ...... $23,333.40 $61,754.98 5. Assistant Chief of Purification ...... $23,333.40 $61,754.98 6. Assistant Manager of Box Office...... $23,333.40 $63,916.81 7. Assistant Manager-Human Resources Planning Management ...... $22,333.40 $61,754.98 8. Assistant Manager of Stage ...... $22,333.40 $61,754.98 9. Chief of Bureau of Accounts and Collections...... $22,333.40 $61,754.98 10. Chief of Bureau of Industrial Air Pollution ...... $22,333.40 $61,754.98 11. Chief of Bureau of Smoke Abatement ...... $22,333.40 $61,754.98 12. Chief Engineer-Traffic...... $22,333.40 $71,947.58 13. Chief Senior Electric Switchboard Operator ...... $22,333.40 $63,916.85 14. Chief of Tax Auditing Bureau...... $22,333.40 $63,916.85 15. Chief of Tax Records Bureau ...... $22,333.40 $61,754.98 16. Deputy Commissioner of Purchases and Supplies...... $22,333.40 $72,986.30 17. Grants Administrator...... $22,333.40 $72,986.30 18. Health Center Director ...... $22,333.40 $72,986.30 19. Human Resources Fiscal Administrator...... $22,333.40 $61,754.98 20. Income Tax Financial Supervisor ...... $22,333.40 $61,754.98 21. Manager of Assigned Maintenance...... $22,333.40 $71,947.58 22. Manager of Parks and Recreation Research and Planning ...... $22,333.40 $71,947.58 23. Manager of Parks and Urban Forestry ...... $22,333.40 $71,947.58 24. Manager of Shops and Field Equipment ...... $22,333.40 $71,947.58 25. Manager of Site Development...... $22,333.40 $71,947.58 26. Project Director ...... $22,333.40 $77,944.11 27. Programming Supervisor...... $22,333.40 $61,754.98 28. Superintendent of Sidewalks ...... $22,333.40 $61,754.98 29. Superintendent of Water Plant Maintenance...... $22,333.40 $61,754.98 30. Warehouse Inventory Manager ...... $22,333.40 $77,944.11 31. Water Business Plan Assistant Manager...... $22,333.40 $77,944.11

Section 36. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Accountant Supervisor ...... $23,647.11 $70,426.26 2. Assistant Chief of Water Distribution ...... $23,647.11 $84,144.05 3. Assistant Commissioner of Assessments and Licenses ...... $23,647.11 $82,125.01 4. Assistant Commissioner, Division of Printing and Reproduction ...... $23,647.11 $82,125.01 5. Assistant Commissioner of Engineering and Construction ...... $23,647.11 $82,125.01 6. Building Manager ...... $23,647.11 $75,806.04 7. Chief Architect...... $23,647.11 $98,838.00 8. Chief Auditor – Utilities ...... $23,647.11 $82,125.01 9. Chief City Planner ...... $30,000.00 $80,369.98 10. Chief, Computer Operations ...... $23,647.11 $82,125.01 11. Chief Engineer – Civil ...... $23,647.11 $82,125.01 12. Chief Engineer – Mechanical...... $23,647.11 $82,125.01 13. Chief Legal Investigator – Civil Branch ...... $23,647.11 $65,065.95 14. Chief of Street Lighting and Electrical Services ...... $23,647.11 $94,730.50 15. Chief of Laboratories ...... $23,647.11 $78,013.35 16. Chief of Purification ...... $23,647.11 $84,144.05 17. Chief Surveyor ...... $23,647.11 $65,065.95 18. Convention Manager ...... $23,647.11 $75,806.04 19. Financial Systems Coordinator...... $23,647.11 $65,065.95 20. Fiscal Grants Administrator...... $40,000.00 $83,585.74 21. Fiscal Manager ...... $23,647.11 $82,125.01 22. Health Promotion Coordinator...... $22,333.40 $75,011.84 23. Investment Manager ...... $23,647.11 $82,125.01 24. Manager of Enterprise Unit ...... $23,647.11 $75,806.04 25. Manager of Events...... $23,647.11 $75,806.04 26. Manager of General Maintenance ...... $23,647.11 $75,806.04 1322 June 18, 2008 The City Record 97

27. Manager of Markets ...... $23,647.11 $75,806.04 28. Manager of Parking ...... $23,647.11 $75,806.04 29. Manager of Production Power Generation ...... $23,647.11 $75,806.04 30. Manager of Recreation ...... $40,000.00 $75,806.04 31. Purchasing Supervisor – Division of Purchases and Supplies...... $23,647.11 $65,065.95 32. Secretary to the Board of Building Standards and Building Appeals ...... $23,647.11 $80,369.98 33. Secretary to the Board of Zoning Appeals ...... $23,647.11 $80,369.98 34. Security Manager ...... $23,647.11 $88,043.65 35. Senior Internal Auditor ...... $23,647.11 $65,065.95 36. Senior Programmer Analyst ...... $23,647.11 $67,344.67 37. Supervisor of Food and Drug Administration...... $23,647.11 $65,065.95 38. Supervisor – Information Control ...... $23,647.11 $65,065.95 39. Theatrical Manager...... $23,647.11 $65,065.95 40. Water Plant Manager ...... $23,647.11 $94,730.50

Section 37. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Airport Maintenance Manager ...... $26,273.96 $ 86,764.70 2. Airport Operations Manager ...... $26,273.96 $ 86,764.70 3. Airport Safety Chief ...... $26,273.96 $ 86,764.70 4. Assistant Commissioner of Administrative Services ...... $26,273.96 $ 86,764.70 5. Assistant Commissioner of Cleveland Public Power...... $27,325.56 $118,692.83 6. Assistant Commissioner of Code Enforcement...... $26,273.96 $ 86,764.70 7. Assistant Commissioner of Construction Permitting...... $26,273.96 $ 86,764.70 8. Assistant Commissioner of Information Technology and Services ...... $23,647.11 $ 83,427.76 9. Assistant Commissioner of Motor Vehicles Maintenance ...... $26,273.96 $ 86,764.70 10. Assistant Commissioner of Real Estate ...... $26,273.96 $ 86,764.70 11. Assistant Commissioner of Neighborhood Services ...... $26,273.96 $ 86,764.70 12. Assistant Commissioner of Streets...... $26,273.96 $ 86,764.70 13. Assistant Commissioner of Waste Collection and Disposal ...... $26,273.96 $ 86,764.70 14. Assistant Commissioner of Water Pollution Control...... $26,273.96 $ 86,764.70 15. Assistant Director of Community Relations Board ...... $26,273.96 $ 86,764.70 16. Assistant Income Tax Administrator...... $26,273.96 $ 86,764.70 17. Assistant Superintendent of Electric Transmission and Distribution ...... $26,273.96 $ 71,151.21 18. Building and Housing Executive Assistant...... $26,273.96 $ 86,764.70 19. Chief of Air Pollution Enforcement...... $22,333.40 $ 77,944.11 20. Chief of Air Pollution Engineering ...... $22,333.40 $ 77,944.11 21. Chief of Air Pollution Information Systems...... $22,333.40 $ 77,944.11 22. Chief of Air Pollution Monitoring ...... $22,333.40 $ 77,944.11 23. Chief Civil Service Examiner ...... $26,273.96 $ 68,744.81 24. Chief of Pharmacy Service ...... $26,273.96 $ 86,764.70 25. Chief of Pumping ...... $26,273.96 $ 85,814.69 26. Chief of Water Distribution ...... $26,273.96 $ 89,158.12 27. Chief Training Officer...... $26,273.96 $ 68,744.81 28. City Hall Custodian ...... $26,273.96 $ 68,744.81 29. Community Development Executive Assistant...... $26,273.96 $ 86,764.70 30. Contract Compliance Officer...... $26,273.96 $ 68,744.81 31. Deputy Commissioner of Accounts ...... $26,273.96 $ 85,814.69 32. Deputy Commissioner of Air Pollution Control...... $26,273.96 $ 80,090.83 33. Deputy Commissioner of Airports ...... $26,273.96 $ 80,090.83 34. Deputy Commissioner of Air Quality ...... $26,273.96 $ 80,090.83 35. Deputy Commissioner of Convention Center and Stadium ...... $26,273.96 $ 80,090.83 36. Deputy Commissioner of Convention Center...... $26,273.96 $ 80,090.83 37. Deputy Commissioner of Environment...... $26,273.96 $ 80,090.83 38. Deputy Commissioner of Health...... $26,273.96 $ 80,090.83 39. Deputy Commissioner of Information Technology and Systems Services ...... $30,214.95 $ 96,981.09 40. Deputy Commissioner of Maintenance ...... $26,273.96 $ 80,090.83 41. Deputy Commissioner of Park and Urban Forestry ...... $26,273.96 $ 80,090.83 42. Deputy Commissioner of Parks and Urban Forestry/Golf Courses and Cemeteries ...... $26,273.96 $ 80,090.83 1323 98 The City Record June 18, 2008

43. Deputy Commissioner of Recreation ...... $26,273.96 $ 80,090.83 44. Director of Public Health Nurses...... $26,273.96 $ 80,090.83 45. Fair Housing Administrator ...... $31,500.00 $ 85,503.07 46. General Manager of Administrative Services...... $26,273.96 $ 86,764.70 47. Office of Professional Standards Administrator...... $26,273.96 $ 68,744.81 48. Manager of Human Resources Program Planning and Management ...... $26,273.96 $ 80,090.83 49. Personnel Administrator ...... $26,273.96 $ 80,090.83 50. Senior Budget and Management Analyst...... $26,273.96 $ 75,985.65 51. Superintendent of Industrial Claims ...... $26,273.96 $ 68,744.81 52. Superintendent of Motorized Equipment ...... $26,273.96 $ 68,744.81 53. Utilities Comptroller ...... $26,273.96 $ 86,764.70

Section 38. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Administrative Manager...... $27,193.55 $86,764.70 2. Assistant Commissioner of Water...... $27,325.56 $118,692.83 3. Assistant Secretary of Sinking Fund Commission...... $27,325.56 $94,970.71 4. Chief of Health Planning and Evaluation ...... $27,325.56 $75,245.55 5. Chief-Systems Analysis ...... $27,325.56 $94,970.71 6. Consulting Engineer ...... $36,000.00 $92,224.55 7. Harbor Manager ...... $27,325.56 $94,970.71 8. Labor Relations Officer...... $27,325.56 $75,245.55 9. Manager of Architecture...... $27,325.56 $87,664.94 10. Manager of Compensation and Classifications ...... $27,325.56 $87,664.94 11. Manager of Education and Research ...... $27,325.56 $87,664.94 12. Manager of Employee Accident Control...... $27,325.56 $87,664.94 13. Manager of Employee Relations ...... $27,325.56 $87,664.94 14. Manager of Equal Employment Opportunity...... $27,325.56 $87,664.94 15. Manager of Recruitment ...... $27,325.56 $87,664.94 16. Minority Business Development Administrator...... $27,325.56 $75,245.55 17. Project Coordinator ...... $27,325.56 $87,664.94 18. Risk Manager...... $27,325.56 $94,970.71 19. Superintendent of Electric Trouble Operations ...... $27,325.56 $75,245.55 20. Water Business Plan Manager...... $27,325.56 $87,664.94

Section 39. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Administrator of Engineering and Planning...... $30,214.95 $109,248.99 2. Airport Chief Engineer...... $30,214.95 $109,248.99 3. Assistant City Comptroller...... $41,312.22 $110,333.18 4. Airport Planning Environmental Officer...... $30,214.95 $86,559.12 5. Airport Project Director ...... $60,000.00 $133,737.18 6. Air Trade Development Manager ...... $30,214.95 $100,843.89 7. Assistant Director of Human Resources and Economic Development ...... $30,214.95 $109,248.99 8. Budget Administrator...... $30,214.95 $100,843.89 9. Chief of Personnel Management...... $30,214.95 $100,843.89 10. Comptroller-Airports ...... $30,214.95 $109,248.99 11. Data Base Analyst ...... $30,214.95 $86,559.12 12. Deputy Commissioner of Building and Housing...... $30,214.95 $100,843.89 13. Deputy Commissioner of Cleveland Hopkins International Airport ...... $30,214.95 $100,843.89 14. Deputy Commissioner of Parks, Maintenance and Properties...... $30,214.95 $100,843.89 15. Deputy Commissioner of Water ...... $30,214.95 $125,935.84 16. Deputy Commissioner of Water Pollution Control...... $30,214.95 $100,843.89 17. Environmental Programs Manager ...... $45,000.00 $84,700.21 18. Executive Commissioner of Public Safety – Operations ...... $36,590.39 $138,195.09 19. Executive Commissioner of Public Safety – Projects, Grants and Technology ...... $36,590.39 $138,195.09 20. Field Manager...... $35,000.00 $57,710.41 21. Fleet Management Data Manager...... $30,000.00 $64,832.23 22. GIS/IS Coordinator ...... $52,000.00 $91,086.28 23. In-Charge Senior Internal Auditor ...... $49,500.00 $81,912.94 24. Labor Relations Manager ...... $30,214.95 $109,248.99 25. Manager of Electric System Operation ...... $30,214.95 $100,843.89 26. Manager of Human Resources Monitoring and Evaluation ...... $30,214.95 $100,843.89 27. Manager of Marketing...... $30,214.95 $100,843.89 1324 June 18, 2008 The City Record 99

28. Manager of Properties ...... $30,214.95 $100,843.89 29. Manager of Public Service Operations ...... $30,214.95 $100,843.89 30. Manager of Telecommunications ...... $30,214.95 $100,843.89 31. Nurse Practitioner...... $45,000.00 $89,158.12 32. Permit Review Manager ...... $35,000.00 $63,635.53 33. Project Leader/Applications ...... $30,214.95 $86,559.12 34. Regulatory Compliance Manager...... $50,000.00 $94,970.71 35. Safety Programs Manager...... $45,000.00 $84,700.21 36. Section Chief – Engineering & Construction...... $50,000.00 $96,444.42 37. Software Analyst...... $30,214.95 $86,559.12 38. Superintendent of Electric Transmission and Distribution ...... $30,214.95 $86,559.12 39. Supervisor of Computer Operations ...... $30,214.95 $86,559.12 40. Supervisor Hardware Evaluation ...... $30,214.95 $86,559.12 41. Veterinarian in Charge of Spay and Neuter Clinic...... $30,214.95 $86,559.12

Section 40. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification:

Minimum Maximum 1. City Comptroller ...... $42,758.15 $133,845.38 2. City Treasurer...... $42,758.15 $123,548.92 3. Chief Technology Officer...... $45,000.00 $150,454.32 4. Commissioner of Accounts ...... $40,314.82 $128,214.57 5. Commissioner of Administrative Services – Community Development...... $40,314.82 $128,214.57 6. Commissioner of Air Quality ...... $42,758.15 $133,845.38 7. Commissioner of Architecture...... $42,758.15 $143,360.63 8. Commissioner of Assessments and Licenses...... $40,314.82 $118,350.91 9. Commissioner of Burke Airport ...... $40,314.92 $118,350.91 10. Commissioner of Cleveland Hopkins International Airport ...... $42,758.15 $143,360.63 11. Commissioner of Cleveland Public Power ...... $45,201.46 $167,171.47 12. Commissioner of Code Enforcement...... $42,758.15 $133,845.38 13. Commissioner of Construction Permitting ...... $42,758.15 $133,845.38 14. Commissioner of Convention Center...... $45,201.46 $126,903.17 15. Commissioner of Emergency Medical Services ...... $42,758.15 $133,845.38 16. Commissioner of Engineering and Construction ...... $45,201.46 $142,289.43 17. Commissioner of Environment...... $42,758.15 $133,845.38 18. Commissioner of Health...... $45,021.46 $142,289.43 19. Commissioner of House of Corrections ...... $40,314.82 $118,231.89 20. Commissioner of Information Technology & Services ...... $52,734.82 $142,289.43 21. Commissioner of Motor Vehicle Maintenance...... $40,314.82 $128,214.57 22. Commissioner of Real Estate ...... $40,314.82 $118,350.91 23. Commissioner of Neighborhood Services ...... $42,758.15 $123,548.92 24. Commissioner of Park Maintenance and Properties ...... $42,758.15 $143,360.63 25. Commissioner of Parking Facilities...... $40,314.82 $128,214.57 26. Commissioner of Printing and Reproduction...... $40,314.82 $128,214.57 27. Commissioner of Property Management ...... $45,201.46 $142,289.43 28. Commissioner of Purchases and Supplies...... $42,758.15 $123,548.92 29. Commissioner of Recreation ...... $42,758.15 $143,360.63 30. Commissioner of Research/Planning and Development...... $40,314.82 $128,214.57 31. Commissioner of Streets...... $40,314.82 $128,214.57 32. Commissioner of Traffic Engineering...... $42,758.15 $123,548.92 33. Commissioner of Utilities Engineering ...... $42,758.15 $118,350.91 34. Commissioner of Utilities Fiscal Control ...... $40,314.82 $118,350.91 35. Commissioner of Waste Collection and Disposal...... $40,314.82 $128,214.57 36. Commissioner of Water ...... $45,201.46 $167,171.47 37. Commissioner of Water Pollution Control ...... $40,314.82 $128,214.57 38. Deputy Director Department of Building and Housing...... $36,590.39 $133,845.38 39. Income Tax Administrator...... $42,758.15 $133,845.38 40. Manager of Internal Audit ...... $40,314.82 $118,350.91

Section 41. That the salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Administration Bureau Manager...... $40,314.82 $128,214.57 2. Assistant Manager – Applications Development and Technical Support...... $46,224.91 $121,190.12 3. Assistant Manager – Data Processing Operations ...... $46,224.91 $111,869.63 1325 100 The City Record June 18, 2008

4. Assistant to Manager of Planning ...... $46,224.91 $111,869.63 5. Deputy Commissioner of Cleveland Public Power ...... $46,224.91 $125,935.84

Section 42. That the salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Application Delivery Services Manager ...... $65,000.00 $ 94,730.50 2. Customer Support Center Manager ...... $65,000.00 $ 94,730.50 3. Database Administrator...... $39,937.34 $106,593.72 4. Database Coordinator ...... $30,214.00 $ 78,755.62 5. Information Technology Electronic Data Processing Auditor ...... $35,000.00 $ 78,013.35 6. Information Technology Security Officer...... $30,215.00 $ 78,448.32 7. IT Asset Management Analyst...... $25,000.00 $ 50,151.44 8. IT Asset Management Coordinator...... $22,333.00 $ 75,308.31 9. IT Network and Data Center Operations Manager ...... $55,000.00 $ 93,687.44 10. IT Project Manager I ...... $20,800.00 $ 58,943.90 11. IT Project Manager II...... $22,333.00 $ 77,537.27 12. IT Quality Assurance and Control Analyst ...... $20,800.00 $ 58,943.90 13. IT Telecommunications Analyst I ...... $30,214.00 $ 69,841.97 14. IT Telecommunications Analyst II...... $30,214.00 $ 86,559.12 15. IT Telecommunications Technician II ...... $44,803.00 $ 71,629.46 16. IT Training Analyst...... $38,000.00 $ 61,296.21 17. IT Training Coordinator ...... $38,000.00 $ 72,012.49 18. Network Analyst II...... $30,214.00 $ 87,630.31 19. PC Technician...... $25,000.00 $ 48,223.28 20. Program Manager ...... $30,214.00 $ 81,194.48 21. Supervisor Applications Development ...... $39,937.34 $ 84,453.51 22. Supervisor of Systems and Technical Support...... $55,000.00 $ 83,585.74 23. Supervisor Quality Assurance...... $39,937.34 $ 84,453.51 24. Supervisor Software Support ...... $39,937.34 $ 84,453.51 25. Web Developer...... $30,215.00 $ 81,194.48 26. Web Master ...... $30,215.00 $ 97,435.54

Section 43. That the appointing authority shall fix the salary of the Manager, Data Processing Center, at not less than $52,308.90 per annum and not more than $125,154.62 per annum. Moreover, not more than one person shall be appointed to such classification.

Section 44. Part-Time/Seasonal Group That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Box Office Cashier ...... $10.33 $16.12 2. Chaplain...... $10.00 $12.31 3. Checker ...... $10.00 $10.72 4. Conservation Aide...... $10.00 $10.72 5. Dentist...... $13.38 $30.63 6. Head Usher...... $10.00 $12.16 7. Law Clerk...... $10.00 $13.37 8. Medical Examiner...... $21.40 $62.81 9. Organ Tuner ...... $10.00 $26.87 10. Park Maintenance Aide...... $10.00 $10.72 11. Ranger...... $10.00 $12.01 12. School Crossing Guard (Per Day) ...... $20.50 $27.87 13. Stage Hand...... $19.11 $29.29 14. Stage Hand Casual...... $20.60 $28.94 15. Stage Hand – Show Rate (Per Show) ...... $64.89 $95.10 16. Student Aide ...... $10.00 $10.72 17. Student Assistant ...... $10.00 $10.72 18. Usher...... $10.00 $10.72 19. Usher Captain...... $10.00 $10.72

Section 45. Hourly Rate – Building & Construction Trades Council Compensation for all persons employed by the hour in any of the following classifications shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Effective Date Minimum Maximum 1. Asbestos Worker ...... 5/1/06 $35.76 $44.70 2. Boiler Maker ...... 7/1/06 $39.93 $49.91 3. Bricklayer ...... 5/1/06 $30.62 $38.27 4. Bricklayer Foreman ...... 5/1/06 $31.87 $39.27 5. Carpenter...... 5/1/06 $30.60 $38.25 6. Carpenter Foreman...... 5/1/06 $31.85 $39.50 7. Carpenter Apprentice...... 5/1/04 $14.45 $18.06 1326 June 18, 2008 The City Record 101

8. Cement Finisher ...... 5/1/06 $30.85 $38.56 9. Cement Finisher Foreman...... 5/1/06 $32.10 $39.31 10. Electrical Worker ...... 5/1/06 $37.25 $46.56 11. Electrical Worker Foreman...... 5/1/06 $38.50 $46.56 12. Glazier...... 5/1/06 $31.26 $39.08 13. Ironworker ...... 8/1/06 $35.17 $43.96 14. Ironworker Foreman...... 8/1/06 $36.42 $46.21 15. Painter...... 6/1/06 $30.21 $37.76 16. Painter – Apprentice ...... 5/1/04 $14.46 $18.06 17. Painter Foreman ...... 6/1/06 $31.46 $39.33 18. Pipefitter (Welder) ...... 5/1/06 $36.62 $45.77 19. Pipefitter Foreman ...... 5/1/06 $37.87 $46.27 20. Plasterer ...... 5/1/06 $30.24 $37.80 21. Plasterer Foreman...... 5/1/06 $31.49 $38.80 22. Plumber (Welder)...... 5/1/06 $36.76 $45.95 23. Plumber Foreman ...... 5/1/06 $38.01 $46.95 24. Roofer ...... 5/1/06 $31.14 $38.93 25. Sheet Metal Worker ...... 5/1/06 $35.31 $44.14 26. Sheet Metal Worker Foreman...... 5/1/06 $36.56 $45.64

Section 46. Hourly Rate – 1099 Crafts Compensation for all persons employed by the hour in any of the following classifications shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Effective Date Minimum Maximum 1. Asphalt Construction Foreman ...... 5/1/06 $22.95 $34.43 2. Asphalt Raker...... 5/1/06 $22.01 $33.01 3. Asphalt Tamper...... 5/1/06 $22.01 $33.01 4. Bricklayer Helper ...... 5/1/06 $22.60 $33.90 5. Curb Cutter...... 5/1/06 $22.51 $33.76 6. Jackhammer Operator ...... 5/1/06 $22.01 $33.01 7. Paver...... 5/1/06 $22.32 $33.48 8. Paving Foreman...... 5/1/06 $22.95 $34.43 9. Superintendent of Construction Equipment ...... 5/1/06 $22.95 $34.43

Section 47. Hourly Rate – MCEO Effective May 1, 2007, compensation for all persons employed by the hour in any of the following classifications shall be fixed by the appointing authority within the limits established in the following schedule for each classification:

Minimum Maximum 1. Construction Equipment – Group A ...... $27.42 $35.34 2. Construction Equipment – Group B...... $27.27 $35.24 3. Master Mechanic...... $27.92 $35.59

Section 48. Municipal Court Employees That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Deputy Bailiff Law Clerk ...... $20,000.00 $24,000.00 2. Deputy Bailiff Clerk Typist ...... $24,525.00 $49,362.00 3. Deputy Bailiff Data Processor I ...... $27,083.00 $39,000.00 4. Deputy Bailiff Psychology Assistant...... $27,083.00 $39,000.00 5. Deputy Bailiff Technical Support Specialist I...... $27,083.00 $39,000.00 6. Deputy Bailiff ...... $27,491.00 $52,266.00 7. Deputy Bailiff Central Scheduler ...... $27,492.00 $52,266.00 8. Deputy Bailiff Clerical Staff...... $27,492.00 $52,266.00 9. Deputy Bailiff Warrant Officer ...... $27,492.00 $56,400.00 10. Deputy Bailiff Private Secretary...... $33,554.00 $40,765.00 11. Probation Officer General ...... $34,035.00 $60,176.00 12. Deputy Bailiff Administrative Assistant I ...... $34,167.00 $49,200.00 13. Deputy Bailiff Intake Coordinator...... $34,167.00 $49,200.00 14. Deputy Bailiff Psychiatric Social Worker...... $34,167.00 $49,200.00 15. Deputy Bailiff Court Reporter...... $36,509.00 $60,154.00 16. Deputy Bailiff Administrative Assistant II ...... $39,167.00 $56,400.00 17. Deputy Bailiff Network Engineer I ...... $39,167.00 $56,400.00 18. Deputy Bailiff Program Analyst I ...... $39,167.00 $56,400.00 19. Deputy Bailiff Technical Support Specialist II ...... $39,167.00 $56,400.00 20. Deputy Bailiff Clerk Typist Supervisor ...... $39,167.00 $56,400.00 21. Deputy Bailiff Magistrate Project Coordinator ...... $39,167.00 $63,000.00 22. Deputy Bailiff Assistant Jury Commissioner ...... $44,167.00 $63,000.00 23. Deputy Bailiff Supervisor...... $44,167.00 $63,000.00 24. Deputy Bailiff Network Engineer II ...... $44,167.00 $63,000.00 25. Deputy Bailiff Technical Support Specialist III ...... $44,167.00 $63,000.00 26. Deputy Bailiff Probation Training Coordinator ...... $44,167.00 $63,000.00 1327 102 The City Record June 18, 2008

27. Deputy Bailiff Alcohol & Drug Treatment Coordinator/Drug Court Case Manager ...... $48,750.00 $70,200.00 28. Deputy Bailiff Assistant Chief of Security ...... $48,750.00 $70,200.00 29. Deputy Bailiff Chief of Security ...... $48,750.00 $70,200.00 30. Deputy Bailiff Deputy Chief Court Reporter ...... $48,750.00 $70,200.00 31. Deputy Bailiff Deputy Director Central Scheduling...... $48,750.00 $70,200.00 32. Deputy Bailiff Jury Commissioner ...... $48,750.00 $70,200.00 33. Deputy Bailiff Office Manager...... $48,750.00 $70,200.00 34. Deputy Bailiff Probation Officer Supervisor ...... $48,750.00 $70,200.00 35. Deputy Bailiff Chief Social Worker...... $48,750.00 $75,600.00 36. Deputy Bailiff Public Information Officer ...... $48,750.00 $70,200.00 37. Deputy Bailiff Special Projects Officer ...... $48,750.00 $70,200.00 38. Deputy Bailiff Probation Systems Administrator/Trainer...... $48,750.00 $70,200.00 39. Deputy Bailiff Chief Court Reporter ...... $52,500.00 $75,600.00 40. Deputy Bailiff Database Administrator II ...... $52,500.00 $75,600.00 41. Deputy Bailiff Director Central Scheduling...... $52,500.00 $75,600.00 42. Deputy Bailiff Drug Court Coordinator...... $52,500.00 $75,600.00 43. Deputy Bailiff Finance Director...... $52,500.00 $75,600.00 44. Deputy Bailiff Network Engineer III...... $52,500.00 $75,600.00 45. Deputy Bailiff Program Analyst II...... $52,500.00 $75,600.00 46. Deputy Bailiff System Analyst II...... $52,500.00 $75,600.00 47. Deputy Bailiff Chief Deputy Bailiff ...... $58,333.00 $84,000.00 48. Deputy Bailiff Chief Probation Officer...... $58,333.00 $84,000.00 49. Deputy Bailiff HR/Personnel Director...... $58,333.00 $84,000.00 50. Deputy Bailiff Magistrate ...... $58,333.00 $84,000.00 51. Personal Bailiff ...... $63,969.00 $76,763.00 52. Deputy Bailiff Chief Bailiff ...... $42,000.00 $92,400.00 53. Deputy Bailiff Chief Probation Officer...... $64,167.00 $92,400.00 54. Deputy Bailiff Deputy Chief Magistrate ...... $64,167.00 $92,400.00 55. Deputy Bailiff Project Manager II...... $64,167.00 $92,400.00 56. Deputy Bailiff Deputy Director Information Technology ...... $64,167.00 $92,400.00 57. Deputy Bailiff Chief Magistrate ...... $71,667.00 $103,200.00 58. Deputy Bailiff Deputy Court Administrator ...... $71,667.00 $103,200.00 59. Deputy Bailiff Director Information Technology ...... $71,667.00 $103,200.00 60. Deputy Bailiff Court Administrator ...... $79,167.00 $114,000.00

Section 49. Housing Court Employees That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

Minimum Maximum 1. Chief Housing Court Specialist ...... $52,158.83 $ 83,722.08 2. Housing Court Administrative Assistant...... $23,063.94 $ 49,616.32 3. Housing Court Administrator...... $64,815.84 $ 94,095.04 4. Housing Court ADR Specialist ...... $42,178.00 $ 81,565.12 5. Housing Court Chief Bailiff...... $38,884.00 $ 82,719.52 6. Housing Court Chief Magistrate...... $71,667.00 $103,200.00 7. Housing Court Coordinator ...... $23,064.00 $ 50,891.36 8. Housing Court Court Reporter ...... $23,715.99 $ 56,472.00 9. Housing Court Deputy Bailiff ...... $22,173.84 $ 52,784.16 10. Housing Court Deputy Bailiff – Uniformed...... $22,173.84 $ 52,784.16 11. Housing Court Deputy Bailiff Supervisor...... $42,815.88 $ 67,753.92 12. Housing Court Deputy Bailiff/Finance Officer ...... $38,544.06 $ 64,534.08 13. Housing Court Deputy Bailiff/Judicial Clerk ...... $21,993.75 $ 49,358.40 14. Housing Court Deputy Bailiff/Staff Attorney...... $29,585.00 $ 67,866.24 15. Housing Court Magistrate ...... $42,178.32 $ 81,565.12 16. Housing Court Magistrates’ Personal Bailiff ...... $23,063.94 $ 49,616.32 17. Housing Court Personal Bailiff ...... $63,969.00 $ 79,065.89 18. Housing Court Project Coordinator ...... $31,050.00 $ 65,407.68 19. Housing Court Receptionist...... $23,064.00 $ 34,062.08 20. Housing Court Scheduler ...... $23,063.94 $ 49,616.32 21. Housing Court Secretary...... $20,815.92 $ 35,066.72 22. Housing Court Specialist ...... $29,585.48 $ 56,904.64 23. Housing Court Specialist – Mediation Coordinator ...... $29,585.48 $ 57,068.96 24. Housing Court Student Aide ...... $ 10.30 $ 10.30

Section 50. Clerk of Court Employees That salaries and compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification:

1. Chief Deputy Clerk – Full Time...... $20,800.00 $ 90,714.03 2. Chief Deputy Clerk – Part Time ...... $ 9.00 $ 25.00 3. Deputy Clerk ...... $20,800.00 $ 90,714.03 4. Clerk of Court Student Aide ...... $ 9.00 $ 9.00 1328 June 18, 2008 The City Record 103

Section 51. Division of Police; Chief of Police and Deputy Chief of Police The annual salaries of persons appointed to the following ranks of the Division of Police shall be fixed by the appointing authority within the limits established in the following schedules:

Rank Minimum Maximum 1. Chief of Police ...... $69,682.20 $165,780.00 2. Deputy Chief of Police ...... $63,966.00 $139,666.62

Notwithstanding the provisions of Section 171.05 of the Codified Ordinances of Cleveland, Ohio, 1976, to the con- trary, the Chief of Police shall not be entitled to receive any overtime compensation while serving as Chief of Police.

Section 52. Fraternal Order of Police, Lodge No. 8 (F.O.P.) The annual salaries of persons appointed to the following ranks of the Division of Police shall be fixed by the appointing authority within the limits established in the following schedules:

Rank Minimum Maximum 1. Commander of Police ...... $88,822.72 $92,002.56 2. Commissioner of Traffic Control ...... $88,822.72 $92,002.56 3. Captain...... $76,502.35 $79,312.48 4. Lieutenant...... $65,881.34 $68,373.76 5. Sergeant...... $56,725.29 $58,943.04

Section 53. Cleveland Police Patrolmen’s Association (Non-Civilian) – Division of Police; Patrol Officers The annual salaries of persons appointed to the ranks of patrol officer shall be fixed by the appointing authority within the limits established in the following schedules:

Minimum Maximum 1. Patrol Officer I...... $50,812.11 $52,864.92 2. Patrol Officer II ...... $45,999.89 $47,858.29 3. Patrol Officer III ...... $44,398.92 $46,192.64 4. Patrol Officer IV...... $43,256.97 $45,004.55 5. Trainee...... $ 10.50 $ 10.50

Section 54. Division of Police; Various Positions The annual salaries of persons appointed to the following classifications within the Division of Police shall be fixed by the Director of Public Safety within the limits established in the following schedules:

Minimum Maximum 1. Junior Assistant Secretary of Police ...... $26,213.25 $59,623.41 2. Surgeon of Police...... $43,107.75 $80,279.10 3. Superintendent of Criminalistics...... $30,086.70 $75,375.40 4. Superintendent of Safety Buildings...... $30,086.70 $70,363.50

Section 55. Division of Fire; Fire Chief and Assistant Fire Chief The annual salaries of persons appointed to the following ranks of the Division of Fire shall be fixed by the appointing authority within the limits established in the following schedules:

Minimum Maximum 1. Fire Chief ...... $64,407.00 $165,780.00 2. Assistant Fire Chief ...... $56,790.30 $120,711.39

Section 56. Division of Fire; Various Positions The annual salaries of persons appointed to the following ranks of the Division of Fire shall be fixed by the appointing authority within the limits established in the following schedules:

Minimum Maximum 1. Battalion Chief...... $72,039.84 $82,467.91 2. Captain...... $62,034.36 $71,093.03 3. Lieutenant...... $53,408.93 $61,287.09 4. Firefighter – Journeyman ...... $45,973.21 $52,833.69 5. Apprentice – Medic III ...... $41,881.79 $47,554.55 6. Apprentice – Medic II ...... $41,381.79 $46,024.55 7. Apprentice – Medic I...... $40,381.79 $45,004.55 8. Trainee...... $ 10.50 $ 10.50

Section 2. That existing Ordinance No. 289-06, passed March 27, 2006, as from time to time amended, are repealed, effective April 1, 2007. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed June 9, 2008. Effective June 9, 2008. 1329 104 The City Record June 18, 2008

Ord. No. 951-08. to exceed $7,500 and shall be paid tion for the Film Production Intern- By Council Member Cimperman. from Fund No. 10 SF 166. ship Program through the use of An emergency ordinance authoriz- Section 3. That the Director of Ward 17 Neighborhood Equity Funds. ing the Director of the Department Law shall prepare and approve said Whereas, this ordinance consti- of Public Health to enter into an contract and that the contract shall tutes an emergency measure provid- agreement with the Burning River contain such terms and provisions ing for the usual daily operation of Foundation for the Great Lakes as he deems necessary to protect the a municipal department; now, there- Community Expo through the use of City’s interest. fore, Ward 13 Neighborhood Equity Funds. Section 4. That this ordinance is Be it ordained by the Council of Whereas, this ordinance consti- hereby declared to be an emergency the City of Cleveland: tutes an emergency measure provid- measure and, provided it receives Section 1. That the Director of ing for the usual daily operation of the affirmative vote of two-thirds of Community Development is autho- a municipal department; now, there- all the members elected to Council, rized to enter into an agreement fore, it shall take effect and be in force with the Detroit Shoreway Commu- Be it ordained by the Council of immediately upon its passage and nity Development Organization for the City of Cleveland: approval by the Mayor; otherwise it the Film Production Internship Pro- shall take effect and be in force gram for the public purpose of pro- Section 1. That the Director of the from and after the earliest period viding arts educational and job- Public Health Department is autho- allowed by law. training to city of Cleveland youths rized to enter into an agreement Passed June 9, 2008. and adults through the use of Ward with the Burning River Foundation Effective June 16, 2008. 17 Neighborhood Equity Funds. for the Great Lakes Community Section 2. That the cost of said Expo for the public purpose of pro- contract shall be in an amount not viding environmental education to to exceed $5,000 and shall be paid Cleveland residents on the preser- Ord. No. 953-08. from Fund No. 10 SF 166. vation of the Great Lakes and pre- By Council Member Lewis. Section 3. That the Director of serving the environment through An emergency ordinance authoriz- Law shall prepare and approve said the use of Ward 13 Neighborhood ing the Director of the Department contract and that the contract shall Equity Funds. of Community Development to enter contain such terms and provisions Section 2. That the cost of said into an agreement with Lexington- as he deems necessary to protect the contract shall be in an amount not Bell Community Center for the City’s interest. to exceed $10,000 and shall be paid Fatherhood Action Initiative and Section 4. That this ordinance is from Fund No. 10 SF 166. Summer Recreation Haven Project hereby declared to be an emergency Section 3. That the Director of through the use of Ward 7 Neigh- measure and, provided it receives Law shall prepare and approve said borhood Equity Funds. the affirmative vote of two-thirds of contract and that the contract shall Whereas, this ordinance consti- all the members elected to Council, contain such terms and provisions tutes an emergency measure provid- it shall take effect and be in force as he deems necessary to protect the ing for the usual daily operation of immediately upon its passage and City’s interest. a municipal department; now, there- approval by the Mayor; otherwise it Section 4. That this ordinance is fore, shall take effect and be in force hereby declared to be an emergency Be it ordained by the Council of from and after the earliest period measure and, provided it receives the City of Cleveland: allowed by law. the affirmative vote of two-thirds of Section 1. That the Director of the Passed June 9, 2008. all the members elected to Council, Department of Community Develop- Effective June 16, 2008. it shall take effect and be in force ment to enter into an agreement immediately upon its passage and with Lexington-Bell Community approval by the Mayor; otherwise it Center for the Fatherhood Action shall take effect and be in force Initiative and Summer Recreation Ord. No. 955-08. from and after the earliest period Haven Project for the public pur- By Council Member Cimperman. allowed by law. pose of providing organized educa- An emergency ordinance author- Passed June 9, 2008. tional and recreational activities to izing the issuance of a Temporary Effective June 16, 2008. parental fathers and youths residing Sidewalk Occupancy Permit to Jorge in the city of Cleveland through the Zayas to engage in peddling in use of Ward 7 Neighborhood Equity Ward 13. Funds. Whereas, pursuant to Section Ord. No. 952-08. Section 2. That the cost of said 675.07 of the Codified Ordinances of contract shall be in an amount not Cleveland, Ohio, 1976, (the “Codified By Council Member Keane. to exceed $25,000 and shall be paid Ordinances”) the consent of Council An emergency ordinance authoriz- from Fund No. 10 SF 166. expressed by ordinance is a prereq- ing the Director of Community Section 3. That the Director of uisite to peddling upon public rights Development to enter into an agree- Law shall prepare and approve said of way outside of the Central Busi- ment with Kamm’s Corners Devel- contract and that the contract shall ness District; and opment Corporation for the Kamm’s contain such terms and provisions Whereas, this Council has consid- Corners Education Expo through the as he deems necessary to protect the ered the request of Jorge Zayas to use of Ward 21 Neighborhood Equi- City’s interest. engage in peddling outside of the ty Funds. Section 4. That this ordinance is Central Business District, and has Whereas, this ordinance consti- hereby declared to be an emergency determined that it is in the public tutes an emergency measure provid- measure and, provided it receives interest to allow Jorge Zayas to ped- ing for the usual daily operation of the affirmative vote of two-thirds of dle in Ward 13; and a municipal department; now, there- all the members elected to Council, Whereas, this ordinance consti- fore, it shall take effect and be in force tutes an emergency measure provid- Be it ordained by the Council of immediately upon its passage and ing for the usual daily operation of the City of Cleveland: approval by the Mayor; otherwise it a municipal department; now, there- Section 1. That the Director of shall take effect and be in force fore, Community Development is autho- from and after the earliest period Be it ordained by the Council of rized to enter into an agreement allowed by law. the City of Cleveland: with the Kamm’s Corners Develop- Passed June 9, 2008. Section 1. That this Council con- ment Corporation for the Kamm’s Effective June 16, 2008. sents, as required by, Section 675.07 Corners Education Expo for the of the Codified Ordinances to allow public purpose of providing educa- Jorge Zayas to engage in mobile tion activities and information on peddling in the public rights of way programs and services offered by Ord. No. 954-08. of Ward 13 at Clark Field (Tremont the various departments in the city By Council Member Zone. Park) near Baseball Diamonds 4 of Cleveland through the use of An emergency ordinance author- and 5 (Tremont #4 Field and Tre- Ward 21 Neighborhood Equity izing the Director of Community mont #5 Field). Funds. Development to enter into an agree- Section 2. That all of the require- Section 2. That the cost of said ment with the Detroit Shoreway ments of Chapter 675 of the Codified contract shall be in an amount not Community Development Organiza- Ordinances shall apply to the per- 1330 June 18, 2008 The City Record 105 sons named in Section 1 of this ordi- changed to the Miles Heights Arthur license number and other items for nance. R. Johnson playground, and that the which a charge is made, the total Section 3. That the privilege Director of Parks, Recreation and amount paid, and the date of pay- granted may be revoked at any time Properties is authorized and direct- ment. by this Council. ed to take the necessary action to (f) Rates of Fare From Cleveland Section 4. That this ordinance is affect said name change and to post Hopkins International Airport. The declared to be an emergency mea- the proper signs at said playground. following maximum rates of fare apply to gasoline fueled or propane sure and, provided it receives the Section 2. That this ordinance is fueled taxicabs which are trans- affirmative vote of two-thirds of all hereby declared to be an emergency porting passengers from Cleveland the members elected to Council, it measure and, provided it receives the affirmative vote of two-thirds of Hopkins International Airport to shall take effect and be in force all the members elected to Council, another location. These rates of fare immediately upon its passage and it shall take effect and be in force include metered rates, taxicab oper- approval by the Mayor; otherwise, it immediately upon its passage and ating cost recovery, fuel surcharges shall take effect and be in force approval by the Mayor; otherwise it and depreciation, sales tax, and from and after the earliest period shall take effect and be in force applicable fees, and shall be as fol- allowed by law. from and after the earliest period lows: Passed June 9, 2008. allowed by law. (1) Rates for 0 to 40 miles from Effective June 16, 2008. Passed June 9, 2008. the Airport Effective June 16, 2008. 0 to 5 miles - $12.00 6 to 10 miles - $23.00 11 to 15 miles - $33.00 Ord. No. 956-08. 16 to 20 miles - $44.00 By Council Member Keane. 21 to 25 miles - $55.00 Ord. No. 960-08. An emergency ordinance authoriz- 26 to 30 miles - $66.00 ing the Director of Parks, Recre- By Council Members Kelley and 31 to 35 miles - $76.00 ation and Properties to enter into an Sweeney. 36 to 40 miles - $87.00 agreement with Kamm’s Corners An emergency ordinance to amend (2) Rates for 41 to 55 miles from Development Corporation for the Section 443.26 of the Codified Ordi- the Airport. Rates shall begin at Garfield Elementary School Commu- nances of Cleveland, Ohio, 1976, as $98.00 for 41 miles and shall be nity Garden Project through the use amended by Ordinance No. 1764-07 increased by $2.00 for every mile of Ward 21 Neighborhood Equity passed November 12, 2007, relating over 41 miles for a maximum of Funds. to rates of fare and receipts. $126.00 for 55 miles from the Airport. Whereas, this ordinance consti- Whereas, this ordinance consti- (3) Rates for 56 to 70 miles from tutes an emergency measure provid- tutes an emergency measure provid- the Airport. Rates shall begin at ing for the usual daily operation of ing for the usual daily operation of $130.75 for 56 miles and shall be a municipal department; now, there- a municipal department; now, there- increased by $2.00 for every mile fore, fore, over 56 miles for a maximum of Be it ordained by the Council of Be it ordained by the Council of $158.75 for 70 miles from the Airport. the City of Cleveland: the City of Cleveland: (4) Rates for 71 to 85 miles from Section 1. That the Director of Section 1. That Section 443.26 of the Airport. Rates shall begin at Parks, Recreation and Properties is the Codified Ordinances of Cleve- $163.50 for 71 miles and shall be authorized to enter into an agree- land, Ohio, 1976, as amended by increased by $2.00 for every mile ment with the Kamm’s Corners Ordinance No. 1764-07 passed Novem- over 71 miles for a maximum of Development Corporation for the ber 12, 2007 is hereby amended to $191.50 for 85 miles from the Airport. Garfield Elementary School Commu- read as follows: 5) Rates for 86 to 100 miles from nity Garden Project for the public the Airport. Rates shall begin at purpose of providing beautification Section 443.26 Rates of Fare; $196.25 for 86 miles and shall be and public improvement to the Receipts increased by $2.00 for every mile Garfield Elementary School Commu- (a) Except as provided in division nity Garden located at 3800 West over 86 miles for a maximum of (f) of this section, the maximum $224.25 for 100 miles from the Air- 140th Street, Cleveland, Ohio 44111 rates of fare for gasoline fueled or through the use of Ward 21 Neigh- port. propane fueled taxicabs, including borhood Equity Funds. (6) Rates for 101 to 115 miles from sales tax, shall be as follows: Section 2. That the cost of said the Airport. Rates shall begin at contract shall be in an amount not (1) For the first one-eighth mile $229.00 for 101 miles and shall be to exceed $2,000 and shall be paid or fraction thereof, three dollars and increased by $2.00 for every mile from Fund No. 10 SF 166. twenty-five cents ($3.25). over 101 miles for a maximum of Section 3. That the Director of (2) For each additional one-eighth $257.00 for 115 miles from the Air- Law shall prepare and approve said mile or fraction thereof, twenty-five port. contract and that the contract shall cents ($0.25). (7) Rates for 116 to 130 miles from contain such terms and provisions (b) Waiting Time or Traffic the Airport. Rates shall begin at as he deems necessary to protect the Delay Charge. The rate for waiting $261.75 for 116 miles and shall be City’s interest. or traffic delay shall be eighteen increased by $2.00 for every mile Section 4. That this ordinance is dollars ($18.00) per hour except for over 116 miles for a maximum of hereby declared to be an emergency coaches hired at the hourly rate. $289.75 for 130 miles from the Air- measure and, provided it receives (c) Charge for More Than Four port. the affirmative vote of two-thirds of Passengers. The rate for carrying (8) Rates for 131 to 145 miles from all the members elected to Council, more than four passengers shall be the Airport. Rates shall begin at it shall take effect and be in force an additional one dollar ($1.00) per $294.50 for 131 miles and shall be immediately upon its passage and person for each passenger over increased by $2.00 for every mile approval by the Mayor; otherwise it twelve years of age. over 131 miles for a maximum of shall take effect and be in force (d) Hourly Rate. On request of $322.50 for 145 miles from the Air- from and after the earliest period passengers, public hacks may accept port. allowed by law. employment where the fare may be (9) Rates for 146 to 160 miles from Passed June 9, 2008. computed on an hourly rental. When the Airport. Rates shall begin at Effective June 16, 2008. a public hack is so employed, the $327.25 for 146 miles and shall be fare to be charged shall be comput- increased by $2.00 for every mile ed from the time of leaving the over 146 miles for a maximum of nearest station of the owner to the $355.25 for 160 miles from the Air- Ord. No. 959-08. time of returning to the nearest sta- port. By Council Member Turner. tion from the point of dismissal. (10) Rates for 161 to 175 miles An emergency ordinance to (e) Receipt to be Given. On from the Airport. Rates shall begin change the name of Arthur R. John- request of a passenger, the owner, at $360.00 for 161 miles and shall be son playground to the Miles Heights driver, chauffeur or other person in increased by $2.00 for every mile Arthur R. Johnson playground. charge or control of a public hack over 161 miles for a maximum of Whereas, this ordinance consti- shall provide a receipt to the person $388.00 for 175 miles from the Air- tutes an emergency measure provid- paying for the hire of the same at port. ing for the usual daily operation of the time of payment. The form of (11) Rates for 176 to 190 miles a municipal department; now, there- the receipt shall be prescribed and from the Airport. Rates shall begin fore, approved by the Commissioner of at $392.75 for 176 miles and shall be Be it ordained by the Council of Assessments and Licenses, and shall increased by $2.00 for every mile the City of Cleveland: contain in legible type or writing, over 176 miles for a maximum of Section 1. That the name of the the name of the owner, the City $420.75 for 190 miles from the Air- Arthur R. Johnson playground be license number, the driver's City port. 1331 106 The City Record June 18, 2008

(12) Rates for 191 to 199 miles from Ord. No. 967-08. 1976. Streets may be closed as deter- the Airport. Rates shall begin at By Council Member Cimperman. mined by the Chief of Police and $425.50 for 191 miles and shall be An emergency ordinance consent- safety forces as may be necessary increased by $2.00 for every mile over ing and approving the issuance of a in order to protect the participants 191 miles for a maximum of $441.50 permit for the Westside Catholic in the event. Said permit shall fur- for 199 miles from the Airport. Charities Run, on June 14, 2008, ther provide that the City of Cleve- (13) Rates for 200 miles and over sponsored by the Hermes Sports & land shall be fully indemnified, from from the Airport. Rates shall be cal- Events. any and all liability resulting from culated at $2.50 per mile. Whereas, this ordinance consti- the issuance of the same, to the Section 2. That this Section 443.26 tutes an emergency measure provid- extent and in form satisfactory to shall expire and be of no further ing for the usual daily operation of the Director of Law. force and effect 6 months from the a municipal department; now, there- Section 2 That this ordinance is effective date of this ordinance. fore, hereby declared to be an emergency Section 3. That existing Section Be it ordained by the Council of measure and, provided it receives 443.26 of the Codified Ordinances of the City of Cleveland: the affirmative vote of two-thirds of Cleveland, Ohio, 1976, as amended Section 1 That pursuant to Section all the members elected to Council, by Ordinance No. 1762-07 passed 411.06 of the Codified Ordinances of it shall take effect and be in force November 12, 2007 is hereby Cleveland, Ohio 1976, this Council immediately upon its passage and repealed. consents to and approves the hold- approval by the Mayor; otherwise, it Section 4. That this ordinance is ing of the Westside Catholic Chari- shall take effect and be in force hereby declared to be an emergency ties Run sponsored by the Hermes from and after the earliest period measure and, provided it receives Sports & Events, on June 14, 2008, allowed by law. the affirmative vote of two-thirds with the Run beginning at WSCC on Passed June 9, 2008. of all the members elected to Coun- Lorain, Lorain to Fulton Road, Ful- Effective June 16, 2008. cil, it shall take effect and be in ton to Franklin Blvd., Franklin force immediately upon its passage Blvd. to West 65th, turn around, and approval by the Mayor; other- Franklin Blvd. to West 38th, West COUNCIL COMMITTEE wise it shall take effect and be in 38th to Lorain, Lorain to WSCC to force from and after the earliest finish, provided that the applicant MEETINGS period allowed by law. sponsor shall meet all the require- Passed June 9, 2008. ments of Section 411.05 of the Codi- Effective June 16, 2008. fied Ordinances of Cleveland, Ohio, NO MEETINGS

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

Agreements

City of E. Cleveland — for Woodworth Rd. resurfacing — public improvement (O 547-08) ...... 1257 Burning River Foundation — Great Lakes Community Expo (Ward 13 NEF) — Public Health (O 951-08) ...... 1330 City of Cleve. & County Commissioners — for improvement of E. 105 ST. & MLK Dr. (O 447-08) ...... 1249 Detroit Shoreway Community Development Organization — Film Production Internship Program (Ward 17 NEF) (O 954-08) ...... 1330 Kamm’s Corners Development Corp. — Garfield Community Garden Project — (Ward 21 NEF) — Parks, Recreation and Properties (O 956-08)...... 1331 Lexington-Bell Community Center — Fatherhood Action Initiative & Summer Recreation Haven Project — (Ward 7 NEF) — Community Development (O 953-08) ...... 1330 Loan agreements — financial assistance — $ 250,000 — amend Ord. 461-06 (O 697-08) ...... 1274 Providing for the exchange of real property — Community Development Dept. — Purchases & Supplies Division (O 243-08) ...... 1248

Blight

Declaring property located at 11850 Lorain Ave. — sell to Westown Community Development Corp. (O 504-08)...... 1255

Board of Building Standards and Building Appeals

Aetna Road, 8500, (Ward 2) – FPT Cleveland Real Estate LLC/FPT Cleveland LLC, owner - appeal resolved on 6/11/08 (Doc. A-48-08) ...... 1237 Alcoy Road, 1820, (Ward 10) – Dorinda Brady, owner - appeal resolved on 6/11/08 (Doc. A-59-08) ...... 1237 Alcoy Street, 1817, (Ward 10) – William B. Sancho, owner - appeal adopted on 6/11/08 (Doc. A-52-08) ...... 1238 Brayton Avenue, 771, (Ward 13) – Sutton Builders LLC, owner - appeal postponed to 06/25/08 on 6/11/08 (Doc. A-61-08)...... 1237 East 121st Street, 2917, (Ward 4) – Emell Rashford, owner - appeal resolved on 6/11/08 (Doc. A-66-08) ...... 1238 East 163rd Street, 391, (Ward 11) – U.S. Bank N.A., Trustee c/o HomeEq., Inc., mortgagee - appeal resolved on 6/11/08 (Doc. A-70-08) ...... 1238 1332 June 18, 2008 The City Record 107

East 167th Street, 4347, (Ward 1) – DaPhine C. Adams, owner - appeal resolved on 6/11/08 (Doc. A-65-08) ...... 1238 Euclid Avenue, 18235, (Ward 10) – Village Green Elderly, LLC/NRP Group, LLC, owner - appeal adopted on 6/11/08 (Doc. A-62-08)...... 1238 Euclid Avenue, 2020, (Ward 13) – BPC Redevelopment, LLC & BEDO, LLC, owner - appeal resolved on 6/11/08 (Doc. A-73-08)...... 1238 Euclid Avenue, 2044, (Ward 13) – 2044 Euclid Lofts LLC, owner - appeal rescheduled to 06/25/08 on 6/11/08 (Doc. A-89-08) ...... 1238 Hillview Road, 1770, (Ward 10) – Rosemary Lennon, owner - appeal resolved on 6/11/08 (Doc. A-49-08) ...... 1237 Howlett Avenue, 4208, (Ward 14) – Wells Fargo Bank, N.A., owner - appeal adopted on 6/11/08 (Doc. A-67-08) ...... 1238 Rocky River Drive, 4176, (Ward 21) – Larry & Pat George, owners - appeal resolved on 6/11/08 (Doc. A-58-08)...... 1237 Villa Beach Drive, 30, (Ward 11) – Countrywide Home Loans, Inc., mortgagee - appeal adopted on 6/11/08 (Doc. A-68-08) ...... 1238 Vincent Avenue, 711, (Ward 13) – MRN, Ltd., owner - appeal adopted on 6/11/08 (Doc. A-77-08)...... 1238 West 104th Street, 3176, (Ward 19) – Brian Slover, owner - appeal adopted on 6/11/08 (Doc. A-57-08) ...... 1238 West 117th Street, 11702, (Ward 19) – Rite Aid of Ohio, Inc., owner - appeal postponed to 06/25/08 on 6/11/08 (Doc. A-69-08) ...... 1238 West 58th Street, 3228, (Ward 17) – Russell Haynik, owner - appeal resolved on 6/11/08 (Doc. A-64-08) ...... 1237

Board of Control - Architecture Division

Architects for various improvements - contract per Ord. 486-07 to R.E. Warner & Associates, Inc. - Dept. of Public Service (BOC Res. 275-08) ...... 1229

Board of Control - Civil Service Commission

Civil Service tests development, adminstration, grade - modify Contract #67315 per BOC Res. 441-07 (BOC Res. 283-08) ...... 1231 Promotional examination develop, administer and grade and job analysis for Police Division - modity Contract #67550 per BOC Res. 483-07 (BOC Res. 282-08) ...... 1231

Board of Control - Community Development Department

West 59th Street (Ward 17) - PPN 016-06-046 - Mohamed Husein (BOC Res. 281-08) ...... 1230

Board of Control - Finance Department

Evarts Ave., 8950 (Eberhard Playfield) - Miceli Dairy Products Company per Ord. 1539-07 (BOC Res. 279-08) ...... 1230 Kennedy Avenue, 9402-9404 - PPN 126-15-026 - purchase per Ord. 69-08 (BOC Res. 278-08) ...... 1230

Board of Control - Land Acquisition

Kennedy Avenue, 9402-9404 - PPN 126-15-026 - purchase per Ord. 69-08 (BOC Res. 278-08) ...... 1230

Board of Control - Land Reutilization Program

West 59th Street (Ward 17) - PPN 016-06-046 - Mohamed Husein (BOC Res. 281-08) ...... 1230

Board of Control - Land Sales

Evarts Ave., 8950 (Eberhard Playfield) - Miceli Dairy Products Company per Ord. 1539-07 (BOC Res. 279-08) ...... 1230

Board of Control - Motor Vehicle Maintenance Division

Airflow body and plow equipment parts - contract per C.O. Sec. 131.17 to Concord Road Equipment Mfg., Inc. - Dept. of Public Service (BOC Res. 276-08) ...... 1229

Board of Control - Park Maintenance and Properties Division

Urban Forestry Property Maintenance Services - contract per Ord. 1033-07 to VanCuren Serevices, Inc. - Dept. of Parks, Recreation and Properties (BOC Res. 280-08)...... 1230

Board of Control - Parks, Recreation and Properties Department

Kennedy Avenue, 9402-9404 - PPN 126-15-026 - purchase per Ord. 69-08 (BOC Res. 278-08) ...... 1230 Urban Forestry Property Maintenance Services - contract per Ord. 1033-07 to VanCuren Serevices, Inc. - Division of Park Maintenance and Properties (BOC Res. 280-08) ...... 1230 1333 108 The City Record June 18, 2008

Board of Control - Police Division

Promotional examination develop, administer and grade and job analysis - modity Contract #67550 per BOC Res. 483-07 - Civil Service Commission (BOC Res. 282-08) ...... 1231

Board of Control - Professional Service Contracts

Architects for various improvements - contract per Ord. 486-07 to R.E. Warner & Associates, Inc. - Division of Architecture, Dept. of Public Service (BOC Res. 275-08) ...... 1229 Civil Service tests development, adminstration, grade - modify Contract #67315 per BOC Res. 441-07 - Civil Service Commission (BOC Res. 283-08) ...... 1231 Promotional examination develop, administer and grade and job analysis for Police Division - modity Contract #67550 per BOC Res. 483-07 - Civil Service Commission (BOC Res. 282-08)...... 1231

Board of Control - Public Safety Department

Promotional examination develop, administer and grade and job analysis for Police Division - modity Contract #67550 per BOC Res. 483-07 - Civil Service Commission (BOC Res. 282-08)...... 1231

Board of Control - Public Service Department

Airflow body and plow equipment parts - contract per C.O. Sec. 131.17 to Concord Road Equipment Mfg., Inc. - Division of Motor Vehicle Maintenance (BOC Res. 276-08) ...... 1229 Architects for various improvements - contract per Ord. 486-07 to R.E. Warner & Associates, Inc. - Division of Architecture (BOC Res. 275-08) ...... 1229 Cement mixers, 10-1/2 cubic yards - per Ord. 902-07 - all bids rejected (BOC Res. 277-08) ...... 1230

Board of Control - Purchases and Supplies Division

Evarts Ave., 8950 (Eberhard Playfield) - Miceli Dairy Products Company per Ord. 1539-07 (BOC Res. 279-08) ...... 1230 Kennedy Avenue, 9402-9404 - PPN 126-15-026 - purchase per Ord. 69-08 (BOC Res. 278-08) ...... 1230

Board of Control - Requirement Contracts

Airflow body and plow equipment parts - contract per C.O. Sec. 131.17 to Concord Road Equipment Mfg., Inc. - Division of Motor Vehicle Maintenance, Dept. of Public Service (BOC Res. 276-08)...... 1229 Urban Forestry Property Maintenance Services - contract per Ord. 1033-07 to VanCuren Serevices, Inc. - Division of Park Maintenance and Properties, Dept. of Parks, Recreation and Properties (BOC Res. 280-08) ...... 1230

Board of Zoning Appeals - Report

Brooklyn Avenue, 3905, (Ward 16) – Janae Whitmore, owner - appeal heard on 6/16/2008 (Cal. 08-91) ...... 1237 East 105th Street, 464, (Ward 8) – Cleveland Steel Tool Company, owner and Clear Channel Outdoor, tenant - appeal heard on 6/16/08 (Cal. 08-53) ...... 1236 East 144th Street, 4028, (Ward 1) – June Rodgers, owner - appeal granted and adopted on 6/16/08 (Cal. 08-96)...... 1237 Euclid Avenue, 18235, (Ward 10) – The NRP Group LLC, owner - appeal granted and adopted on 6/16/08 (Cal. 08-93) ...... 1237 Euclid Avenue, 5209, (Ward 7) – Community Action Against Addiction, owner - appeal heard on 6/16/08 (Cal. 08-80) ...... 1236 Grovewood Avenue, 17214-18, (Ward 11) – Marlon Davis, owner - appeal heard on 6/16/2008 (Cal. 08-95) ...... 1236 Ivanhoe Road, 1170, (Ward 10) – 1170 Ivanhoe Road, LLC, owner - appeal withdrawn on 6/16/08 (Cal. 08-64)...... 1237 Literary Road, 801, (Ward 13) – BH&R Properties and Sean Whalen, owners - appeal heard on 6/16/08 (Cal. 08-42) ...... 1236 Lorain Avenue, 3919, (Ward 14) – Rachland Corporation and Mark Pestak, owner, and Meagan Kresge, tenant - appeal heard on 6/16/2008 (Cal. 08-98) ...... 1236 Magnolia Drive, 11025, (Ward 8) – Montessori Development Partnerships, owner - appeal granted and adopted on 6/16/08 (Cal. 08-101)...... 1237 Scranton Road, 3169, (Ward 14) – Salwa Race, owner - appeal heard on 6/16/2008 (Cal. 08-99)...... 1236 Triskett Avenue, 12510, (Ward 19) – Triskett Road Storage LLC, owner, and Clear Channel Outdoor, tenant - appeal heard on 6/16/2008 (Cal. 08-97) ...... 1236 Woda Avenue, 18300, (Ward 1) – The Cleveland Metropolitan School District, owner - appeal granted and adopted on 6/16/08 (Cal. 08-94) ...... 1237 Woodhill Road, 2856, (Ward 4) – Dennis Cleaning Company, LLC, owner and Starr Dickson, tenant appeal postponed to 7/7/08 on 6/16/08 (Cal. 07-222) ...... 1237 1334 June 18, 2008 The City Record 109

Board of Zoning Appeals - Schedule

Clifton Boulevard, 11521-25, (Ward 18) – Forest & Associates, owner - appeal to be heard on 6/30/08 (Cal. 08-103) ...... 1236 East 116th Street, 2950-66, (Ward 4) – Amjad Hamdeh, owner - appeal to be heard on 6/30/08 (Cal. 08-107) ...... 1236 Elsienna Avenue, 16801, (Ward 21) – Douglas Angeletti, owner - appeal to be heard on 6/30/08 (Cal. 08-113) ...... 1236 Lorain Avenue, 17007, (Ward 21) – Sandra Papcum, owner, and David Renick, tenant - appeal to be heard on 6/30/08 (Cal. 08-118)...... 1236 Miles Avenue, 13528, (Ward 1) – Marvin Butler, owner - appeal to be heard on 6/30/08 (Cal. 08-76) ...... 1236 Natchez Avenue, 2906, (Ward 16) – Thomas Tindira, owner - appeal to be heard on 6/30/08 (Cal. 08-114) ...... 1236 West 117th Street, 1331, (Ward 18) – Fox Family Management, LLC, owner - appeal to be heard on 6/30/08 (Cal. 08-109) ...... 1236

Bridges

Aetna Rd. Bridge No.3:001M — amend Ord. 906-07 — reconstruction — Ralph Tyler Companies — modify engineering & right-of-way plans — contracts — railroad company and/or GCRTA (O 743-08) ...... 1288 Columbus Road Lift Bridge — rehabilitation — Cuyahoga County Commissioners (O 636-08) ...... 1268

Case Western Reserve University

Case Western Reserve University — encroachment on Euclid Ave. (O 742-08) ...... 1285 Lease agreement — Kirtland Intake Crib — wind turbine (O 770-08) ...... 1292

Cemeteries

Public improvement — contracts — rehab. Cleveland Memorial Gardens and Cemeteries — Parks, Recreation and Properties Dept. (O 452-08) ...... 1251

City Council

Four Day Work Week, (excluding safety forces) (R 963-08)...... 1241 Oil and natural gas supplies (R 964-08) ...... 1242

City of Cleveland Bids

Appliances - Department of Public Safety - Division of Fire - per Ord. 920-07 - bid due July 10, 2008 (advertised 6/18/2008 and 6/25/2008) ...... 1239 Avenue District improvements, Phase III - Department of Public Service - Division of Engineering and Construction - per Ord. 2037-05 - bid due July 2, 2008 (advertised 6/11/2008 and 6/18/2008) ...... 1239 Boat, police - Department of Public Safety - Division of Police - per Ord. 1249-07 - bid due July 11, 2008 (advertised 6/18/2008 and 6/25/2008) ...... 1239 Couplings, pipe repair (Group B) (re-bid) - Department of Public Utilities - Division of Water - per C.O. Sec. 129.25 - bid due July 2, 2008 (advertised 6/11/2008 and 6/18/2008) ...... 1239 Debris disposal at landfills - Department of Public Utilities - per Ord. 344-08 - bid due July 9, 2008 (advertised 6/11/2008 and 6/18/2008) ...... 1239 Guard rail elements - Department of Public Service - Division of Streets - per Ord. - bid due July 10, 2008 (advertised 6/11/2008 and 6/18/2008) ...... 1239 Keys, locks and hardware - Department of Finance - per Ord. 1033-07 - bid due July 9, 2008 (advertised 6/18/2008 and 6/25/2008) ...... 1239 Liquid deicer - Department of Public Service - Division of Streets - per Ord. - bid due July 10, 2008 (advertised 6/11/2008 and 6/18/2008) ...... 1239 Maintenance contract for West Side Market - Department of Parks, Recreation and Properties - Division of Convention Center and Stadium - per C.O. Sec. 181.01 - bid due July 2, 2008 (advertised 6/11/2008 and 6/18/2008) ...... 1239 Power unit for elevator at West Side Market - Department of Parks, Recreation and Properties - Division of Convention Center and Stadium - per Ord. 1033-07 - bid due July 10, 2008 (advertised 6/18/2008 and 6/25/2008) ...... 1239 Security guards, unarmed and uniformed - Department of Finance - per Ord. 731-08 - bid due July 31, 2008 (advertised 6/18/2008 and 6/25/2008) ...... 1240

City Planning Commission

A Christmas Story House — Landmark Commission (O 602-08) ...... 1266 Amend sect. 1 of Ord. 1977-07 — Franklin-West Clinton Historic District (O 460-08) ...... 1252 Change the Use District — N.E. corner of E.55th St. & Superior Ave. — Residence Office District (O 653-08) ...... 1270 1335 110 The City Record June 18, 2008

Change the Use District — E. 55th St. & Saint Clair Ave., (southeast corner) — Residence Office District (O 703-08) ...... 1279 Change the Use, Area and Height District — N. side of Denison Ave. — Multi-Family Residential District (O 558-08) ...... 1238 Commissioner of Purchases & Supplies — sell property at 4103 Memphis Ave. — Denison Elderly LLC (O 745-08) ...... 1289 Denison Ave. (north and south side) — between W. 16th St. & W. 13th St. — change the Use, Area and Height Districts — Local Retail Business, a ‘B’ Area District and a ‘2’ Height District (O 1069-07) ...... 1238 Establishing a Pedestrian Retail Overlay (PRO) District — Detroit Ave. & Lake Ave. (between W. 48th St. & W. 77th St.) (O 560-08) ...... 1262 Establishing the Lorain Variety Historic District — (Ward 19) (O 567-08) ...... 1263 Expanding Clark Metro Business Revitalization District — Clark Ave. & Fulton Rd. & Walworth Ave. (O 559-08) ...... 1261 Lorain Rd. south (between W. 80th St. & W. 73rd St.) — Change the Use Districts — Local Retail Business District (O 1268-07) ...... 1246 Marquette St. & St. Clair Ave. (northwest corner) — change the zoning — Local Retail Business (O 2023-07) ...... 1247 Miles Ave. (between E. 167th St & City boundary) — Change the Use Districts — RA-2 Townhouse & Residence Industry (O 1266-07) ...... 1244

Cleveland Clinic Foundation

Public right-of-way beneath Carnegie Ave. — electric utility duct banks — Public Service (O 1045-07) ...... 1243

Cleveland Hopkins International Airport

Elevator emergency phone system — contracts (O 815-08)...... 1297 Relating to rates of fare and receipts for taxi cabs — amend Sect. 443.26 — operating taxicabs at Cleveland Hopkins International Airport — amend Ord. 1764-07 (O 960-08) ...... 1331

Cleveland Housing Network

Affordability Program Administration — Water Division (O 805-08) ...... 1295

Cleveland Municipal Court

Amend Section 437.27 — Drivers and Passengers required to wear seat belts (O 732-08) ...... 1282 Contract — Iron Mountain /National Underground Storage — for the storage of records (O 855-08) ...... 1302 Collective bargaining agreement — Cleveland Municipal Court (Housing Court bailiffs) (O 946-08) ...... 1309

Cleveland Public Power

Contracts — for marketing and advertising (O 808-08) ...... 1295 Billing — professional service — Sourcelink Ohio, LLC (O 734-08)...... 1283 Contract — recycling and disposal of various chemicals & hazardous hazmat (O 680-08) ...... 1271 Public improvement — contract — CPP construction (O 556-08)...... 1259

Cleveland State University

Apply & Accept grant PUCO Hazmat Training — Safety Dept. (O 864-08) ...... 1304

Codified Ordinances

Amend Section 437.27 — Drivers and Passengers required to wear seat belts (O 732-08) ...... 1282 Assessments and Licenses expense fund — enacting new Sect. 127.38 (O 857-08) ...... 1303 Authorization to purchase software licenses, updates, upgrades, enhancements, training, technical support — amend Sect. 181.102 (O 856-08) ...... 1302 Declaring property located at 11850 Lorain Ave. blighted — sell to Westown Community Development Corp. (O 504-08)...... 1255 Department of Port Control Police — new Sect. 139.20 (O 169-08) ...... 1248 Enacting new Sects. 349.15 & 457.10 — relating to bicycle parking in garages and lots (O 522-08) ...... 1256 Penalties for violation of sound device regulations — amend Sec. 683.99 (O 1172-07) ...... 1244 Relating to rates of fare and receipts for taxi cabs — amend Sect. 443.26 — operating taxicabs at Cleveland Hopkins International Airport — amend Ord. 1764-07 (O 960-08) ...... 1331 1336 June 18, 2008 The City Record 111

Unnecessary noise — amend Sect. 605.10 (O 899-08) ...... 1307

Collective Bargaining Agreements

Cleveland Municipal Court (Housing Court bailiffs) (O 946-08) ...... 1309

Collinwood Village Development Corporation

HUD — purchase and sell property — 1466 East 174th St. & 1312 East 187th St. & 19406 Nyack Ct. (O 592-08)...... 1266

Common Pleas Court

Foreclosure Moratorium — (“fast track”) (R 957-08)...... 1240

Community Development

Bellaire Rd. — Land Reutilization Program — Quan AM Temple of Vietnamese B (O 819-08) ...... 1298 Cedar Ave. — Land Reutilization Program — Dionne Thomas Carmichel (O 890-08) ...... 1307 Central Ave. — Land Reutilization Program — Good Hope Baptist Church (O 887-08) ...... 1306 Contract — social service programs — Greater New Calvary Baptist Church (O 764-08) ...... 1291 Contracts — housing, commercial, industrial and real estate development activities — CDBG (O 763-08) ...... 1290 Declaring property located at 11850 Lorain Ave. blighted — sell to Westown Community Development Corp. (O 504-08) ...... 1255 Detroit Shoreway Community Development Organization — agreement — Film Production Internship Program (Ward 17 NEF) (O 954-08) ...... 1330 E. 49th St. & E. 55th St. — Land Reutilization Program — Elabed, LLC (O 705-08) ...... 1280 E.12 St., E.13th St. , St. Clair & Superior Ave., Phase I — public improvement — amend Ord. 1146-05 (O 744-08) ...... 1288 Euclid Ave. — Land Reutilization Program — Midtown Cleveland, Inc. (O 701-08) ...... 1277 Housing Trust Fund Program — contracts (O 761-08)...... 1290 Kamm’s Corners Development Corporation — agreement — Kamm’s Corners Education Expo — (Ward 21 NEF) (O 952-08) ...... 1330 Landseer Rd., 18410 & Hiller Ave., 18012 — to purchase and sell properties — Northeast Shores Development Corp. — HUD (O 453-08) ...... 1251 Lexington-Bell Community Center — agreement — Fatherhood Action Initiative & Summer Recreation Haven Project — (Ward 7 NEF) (O 953-08) ...... 1330 Pierpont Ave. — Land Reutilization Program — Kimberly Y. Dowdell (O 773-08) ...... 1294 Property located on scattered sites — Land Reutilization Program — Cuyahoga Metropolitan Housing Authority. (O 772-08) ...... 1292 Providing for the exchange of real property — agreement — Purchases & Supplies Division (O 243-08) ...... 1248 Public improvement contracts — parking improvements along Detroit Ave. — Gordon Square Arts District (O 872-08) ...... 1305 Scovill Ave. — Land Reutilization Program — Shiloh Baptist Church (O 888-08) ...... 1306 Storer Avenue — Land Reutilization Program — F.S. Metals, Inc. (O 603-08) ...... 1267 To purchase & sell property at 2048-50 West 98th St. to Cudell Improvement, Inc. — HUD (O 645-08) ...... 1269 W. 97th St. — Land Reutilization Program — Adrian Halcomb (O 706-08) ...... 1281 W. 81st. St. 2095 — Land Reutilization Program — Greater Cleveland Habitat for Humanity (O 557-08) ...... 1260 Wade Park Ave. — Land Reutilization Program — Jimmie L. Richard (O 505-08) ...... 1255

Community Development Block Grant Program

Community Development — contracts — housing, commercial, industrial and real estate development activities (O 763-08) ...... 1290

Contracts

2008 Mega Parks and recreation facilities — public improvement — Parks, Recreation and Properties Dept. (O 451-08) ...... 1250 Accept Issue 1 grant — rehabilitating Bellaire Rd., (between West 130th St. & West 117th St.) (O 686-08) ...... 1271 Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Accept Issue 1 grant — rehabilitating East 30th St. (Woodland Ave. to St. Clair Ave.) (O 688-08)...... 1272 Aetna Rd. Bridge No.3:001M — amend Ord. 906-07 — reconstruction — Ralph Tyler Companies — modify engineering & right-of-way plans — railroad company and/ or GCRTA (O 743-08) ...... 1288 Affordability Program Administration — Cleveland Housing Network — Water Division (O 805-08) ...... 1295 Airports Council International — customer service satisfaction surveys (O 754-08)...... 1289 1337 112 The City Record June 18, 2008

Amend contract # 65742 — Acxiom pre-employment background checks — Personnel Dept. (O 459-08) ...... 1251 Amend Contract No. 48042 with Standard Parking Corp. to operate taxi cab stand — Port Control Dept. (O 860-08) ...... 1304 Bessemer Avenue Extension Phase II project — final engineering services and Stage 3 services — Arcadis G & M of Ohio, Inc., formerly known as Arcadis FPS, Inc. — Amend Ord. No. 1855-06 (amendment to contract no. 64009) (O 635-08) ...... 1267 Cleveland Municipal Court — Iron Mountain /National Underground Storage — for the storage of records (O 855-08) ...... 1302 Cleveland Public Power — for marketing and advertising (O 808-08) ...... 1295 Community Development — social service programs — Greater New Calvary Baptist Church (O 764-08) ...... 1291 Community Development — housing, commercial, industrial and real estate development activities — CDBG (O 763-08)...... 1290 Green Energy Ohio — for solar thermal system equipment and donation of service (O 828-08) ...... 1301 Recycling and disposal of various chemicals & hazardous hazmat (O 680-08) ...... 1271 Sidewalk snow and ice melt — Utilities Dept (O 811-08) ...... 1296 Market Place Retail Limited Partnership to Amitel Colonial, LLC (O 825-08) ...... 1301 Kronos Incorp. — maintenance of attendance workforce system — Safety Dept. (O 868-08) ...... 1305 Director of Public Utilities — das Manufacturing, Inc. — install curb markers system (O 737-08) ...... 1284 Director of Public Utilities — Tele Atlas — to support Geographic Information System (O 738-08) ...... 1284 Elevator emergency phone system — CHIA (O 815-08) ...... 1297 Exercise option renew Contract No. 67546 with Hi-Lite Markings, Inc. — painting & paint removal on roadways, runways, & other paved surfaces (O 813-08) ...... 1297 Housing Trust Fund Program — Community Development (O 761-08) ...... 1290 Mincom — technical support and maintenance — Utilities Dept. (O 806-08) ...... 1295 Mincom — technical support and maintenance — Public Utilities Dept. (O 736-08) ...... 1284 MWH Americas, Inc — for asset management assessment study of WPC (O 807-08) ...... 1295 Ontario Street area sewer project — public improvement (O 740-08) ...... 1285 Professional service — public improvement — Relocate Public Utilities GIS Office (O 739-08) ...... 1284 Public improvement — Highview Ave. sewer project (O 551-08)...... 1258 Public improvement — CPP construction (O 556-08) ...... 1259 Public improvement — Henninger Ave. sewer project (O 550-08) ...... 1258 Public improvement — rehab. Cleveland Memorial Gardens and Cemeteries — Parks, Recreation and Properties Dept. (O 452-08) ...... 1251 Public improvement — W. 50th ST. sewer project (O 552-08) ...... 1258 Public improvement — parking improvements along Detroit Ave. — Gordon Square Arts District (O 872-08) ...... 1305 Public improvement contracts for renovating & repairing the Division of Printing and Reproduction facility (O 858-08) ...... 1303 Rehabilitating secondary sites, including water towers, tanks, appurtenances — public improvement (O 810-08)...... 1296 Repair a steam leak on East 6th St. — Division of Convention Center (O 818-08) ...... 1298

Convention Center

Repair a steam leak on East 6th St. — contracts (O 818-08) ...... 1298

Correction Division

Lease property at 18574 Cranwood Pkwy., to store and maintain Division of Correction vehicles (O 640-08) ...... 1268

County Commissioners

Columbus Road Lift Bridge — rehabilitation (O 636-08)...... 1268 Grant application — for Great Lakes Towing Company (R 874-08) ...... 1240

Cudell Improvement

To purchase & sell property at 2048-50 West 98th St. — HUD (O 645-08) ...... 1269

Cuyahoga County

Apply & Accept grant — Law Enforcement Terrorism Protection Program (O 865-08) ...... 1304 Brownfield Development Fund — redevelopment — E. 66th St, 1966 (Ward 5) (R 962-08) ...... 1241 Court of Common Pleas — Foreclosure Moratorium — (“fast track”) (R 957-08) ...... 1240 1338 June 18, 2008 The City Record 113

Cuyahoga County Board of Commissioners

Consent agreement with the City of Cleve. & County Commissioners — for improvement of E. 105 St. & MLK Dr. (O 447-08) ...... 1249

Cuyahoga Metropolitan Housing Authority

Property located on scattered sites — Land Reutilization Program (O 772-08) ...... 1292

Detroit Shoreway Community Development Organization

Agreement — Film Production Internship Program (Ward 17 NEF) (O 954-08) ...... 1330

Easements

Village Green Elderly, LLC — south of Duggan Park (O 758-08) ...... 1290

Economic Development Department

Cleveland Enterprise Park — sell City-owned property — Millcreek Corporate Center, LLC. — amend Ord. No. 1650-05 (Sects. 4 & 5) (O 647-08) ...... 1269 Contracts assignment from Market Place Retail Limited Partnership to Amitel Colonial, LLC (O 825-08) ...... 1301 Environmental assessments on brownfield sites — Brownfields Assessments grants — U.S. Environmental Protection Agency — amend Ord. No. 1062-07 (O 820-08) ...... 1298 Interdept. transfer — Detroit, Trinity, lease to Penstan, LLC (O 700-08)...... 1275 Lease property on Crescent Avenue to St. Ignatius High School (O 896-08) ...... 1307 Loan agreements — financial assistance — $ 250,000 — amend Ord. 461-06 (O 697-08) ...... 1274 United States Environmental Protection Agency — grant — redevelopment of Crescent Ave. (O 766-08) ...... 1291 WIRE-Net — grant agreement — to create a wind energy network (O 822-08) ...... 1301 Workforce Investment Act grant 2008 — grant — Ohio Department of Job and Family Services — sublease areas — Employment Connection (O 821-08) ...... 1299

Emergency Medical Service Division

Metropolitan Medical Response System 2006 — grant — amend Ord. No. 1687-06 — Ohio Department of Public Safety (O 816-08) ...... 1297

Encroachments

Case Western Reserve University — On Euclid Ave. (O 742-08) ...... 1285 Waterloo Rd., 15601 — public right-of-way — Northeast Shores Development Corp. (O 589-08) ...... 1266

Environmental Protection Agency

Environmental assessments on Brownfield sites — Brownfields Assessments grants — amend Ord. No. 1062-07 (O 820-08) ...... 1298 Grant — redevelopment of Crescent Ave. (O 766-08) ...... 1291

Fares

Relating to rates of fare and receipts for taxi cabs — amend Sect. 443.26 — operating taxicabs at Cleveland Hopkins International Airport — amend Ord. 1764-07 (O 960-08) ...... 1331

Finance Department

Assessments and Licenses expense fund — enacting new Sect. 127.38 (O 857-08) ...... 1303 Authorization to purchase software licenses, updates, upgrades, enhancements, training, technical support — amend Sect. 181.102 (O 856-08) ...... 1302 Cleveland Municipal Court — contract — Iron Mountain /National Underground Storage — for the storage of records (O 855-08) ...... 1302 Cleveland Public Power billing — professional service — Sourcelink Ohio, LLC (O 734-08) ...... 1283

Geographic Information System

Director of Public Utilities — contracts — Tele Atlas (O 738-08) ...... 1284

Grants

Accept Issue 1 grant — rehabilitating Bellaire Rd., (between West 130th St. & West 117th St.) (O 686-08) ...... 1271 1339 114 The City Record June 18, 2008

Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Accept Issue 1 grant — rehabilitating East 30th St. (Woodland Ave. to St. Clair Ave.) (O 688-08) ...... 1272 Apply & Accept grant — Cuyahoga County — Law Enforcement Terrorism Protection Program (O 865-08)...... 1304 Apply & Accept grant PUCO Hazmat Training — Safety Dept. — CSU (O 864-08) ...... 1304 Bulletproof Vest Grant, 2008 — Bureau of Justice Assistance — U.S. Department of Justice (O 866-08) ...... 1304 Byrne Memorial Justice Assistance Grant Program, 2008 — Ohio Office of Criminal Justice — Safety Department (O 867-08) ...... 1305 Cities for United Science Progress Program — Public Health (O 942-08) ...... 1308 County Commissioner’s grant application — for Great Lakes Towing Company (R 874-08) ...... 1240 Cuyahoga County Brownfield Development Fund — redevelopment — E. 66th St., 1966 (Ward 5) (R 962-08) ...... 1241 Environmental assessments on Brownfield sites — Brownfields Assessments grants — U.S. Environmental Protection Agency — amend Ord. No. 1062-07 (O 820-08) ...... 1298 Metropolitan Medical Response System 2006 — amend Ord. No. 1687-06 — Ohio Department of Public Safety (O 816-08) ...... 1297 United States Environmental Protection Agency — redevelopment of Crescent Ave. (O 766-08) ...... 1291 WIRE-Net — grant agreement — to create a wind energy network — Economic Development (O 822-08) ...... 1301 Workforce Investment Act grant 2008 — Ohio Department of Job and Family Services — sublease areas — Employment Connection — Economic Development (O 821-08) ...... 1299

Health Department

Burning River Foundation — agreement — Great Lakes Community Expo (Ward 13 NEF) (O 951-08) ...... 1330 Cities for United Science Progress Program — apply & accept grant (O 942-08) ...... 1308

Historic Landmark District

Amend sect. 1 of Ord. 1977-07 — Franklin-West Clinton Historic District (O 460-08) ...... 1252

Housing and Urban Development (HUD)

Purchase and sell property — 1466 East 174th St. & 1312 East 187th St. & 19406 Nyack Ct. — Collinwood Nottingham Villages Development Corp. (O 592-08) ...... 1266

Housing and Urban Development (HUD)

To purchase & sell property at 2048-50 West 98th St. to Cudell Improvement, Inc. (O 645-08) ...... 1269

Housing Court

Collective bargaining agreement — Cleveland Municipal Court (O 946-08) ...... 1309

Land Reutilization Program

Bellaire Rd., Quan AM Temple of Vietnamese B (O 819-08) ...... 1298 Cedar Ave. — Dionne Thomas Carmichel (O 890-08) ...... 1307 Central Ave. — Good Hope Baptist Church (O 887-08) ...... 1306 E. 49th St. & E. 55th St. — Elabed, LLC (O 705-08)...... 1280 Euclid Ave. — Midtown Cleveland, Inc. (O 701-08) ...... 1277 Pierpont Ave. — Kimberly Y. Dowdell (O 773-08)...... 1294 Property located on scattered sites — Cuyahoga Metropolitan Housing Authority (O 772-08) ...... 1292 Scovill Ave. — Shiloh Baptist Church (O 888-08)...... 1306 Storer Avenue — F.S. Metals, Inc. (O 603-08) ...... 1267 W. 97th St. — Adrian Halcomb (O 706-08)...... 1281 W. 81st. ST., 2095 — Greater Cleveland Habitat for Humanity (O 557-08) ...... 1260 Wade Park Ave. — Jimmie L. Richard (O 505-08)...... 1255

Landmark Commission

A Christmas Story House (O 602-08) ...... 1266

Lease Agreement

CWRU — Kirtland Intake Crib — wind turbine (O 770-08) ...... 1292 Property on Crescent Avenue to St. Ignatius High School — Economic Development Dept. (O 896-08) ...... 1307 1340 June 18, 2008 The City Record 115

Leases

Interdept. transfer — Economic Development — Detroit, Trinity, lease to Penstan, LLC (O 700-08) ...... 1275 Property at 18574 Cranwood Pkwy., to store and maintain Division of Correction vehicles (O 640-08) ...... 1268 Purchase properties for Morgana and lease with Catholic Diocese of Greater Cleveland — purpose of providing recreational programming (O 565-08) ...... 1263

Liquor Permits

Clark Ave., 5110 — objection to transfer of ownership (Ward 17) & (Ward 14) (R 968-08) ...... 1243 Fulton Rd., 3463 — objection to transfer of license (Ward 14) (R 966-08) ...... 1243 Rocky River Dr., 4075 — objection to transfer of ownership (Ward 21) (R 965-08) ...... 1242

Mayor’s Office

Four Day Work Week, (excluding safety forces) (R 963-08)...... 1241 Oil and natural gas supplies (R 964-08) ...... 1242

Memoranda of Understanding

Community Development — contract — social service programs — Greater New Calvary Baptist Church (O 764-08) ...... 1291

Neighborhood Equity Funds

Burning River Foundation — agreement — Great Lakes Community Expo (Ward 13 NEF) — Public Health (O 951-08) ...... 1330 Detroit Shoreway Community Development Organization — agreement — Film Production Internship Program (Ward 17 NEF) (O 954-08) ...... 1330 Kamm’s Corners Development Corp. — agreement — Garfield Community Garden Project — (Ward 21 NEF) — Parks, Recreation and Properties (O 956-08)...... 1331 Kamm’s Corners Development Corporation — agreement — Kamm’s Corners Education Expo — (Ward 21 NEF) — Community Development (O 952-08) ...... 1330 Lexington-Bell Community Center — agreement — Fatherhood Action Initiative & Summer Recreation Haven Project — (Ward 7 NEF) — Community Development (O 953-08)...... 1330

Northeast Shores Development Corporation

Landseer Rd., 18410 & Hiller Ave., 18012 — to purchase and sell properties — HUD (O 453-08) ...... 1251 Waterloo Rd., 15601 — encroach — public right-of-way (O 589-08) ...... 1266

Parks, Recreation and Properties Department

2008 Mega Parks and recreation facilities — public improvement — contacts (O 451-08) ...... 1250 Arthur R. Johnson playground — name change to — Miles Heights Arthur R. Johnson playground (O 959-08) ...... 1331 Commissioner of Purchases & Supplies — sell property at 4103 Memphis Ave. — Denison Elderly LLC (O 745-08) ...... 1289 Community Development — contract — social service programs — Greater New Calvary Baptist Church (O 764-08) ...... 1291 Kamm’s Corners Development Corp. — agreement — Garfield Community Garden Project — (Ward 21 NEF) (O 956-08)...... 1331 Public improvement — contracts — rehab. Cleveland Memorial Gardens and Cemeteries (O 452-08) ...... 1251 Purchase properties for Morgana and lease with Catholic Diocese of Greater Cleveland — purpose of providing recreational programming (O 565-08) ...... 1263 Repair a steam leak on East 6th St. — contracts — Division of Convention Center (O 818-08) ...... 1298 Village Green Elderly, LLC — granting easement — south of Duggan Park (O 758-08) ...... 1290

Peddlers

Jorge Zayas —Temporary Sidewalk Occupancy Permit (Ward 13) (O 955-08)...... 1330

Permits

Cleveland Clinic Foundation — public right-of-way beneath Carnegie Ave. — electric utility duct banks — Public Service (O 1045-07) ...... 1243 Encroach to South Pointe Commons, L.P. — public rights-of-way of Sackett Ct. & W. 23rd PL. (O 548-08) ...... 1257 1341 116 The City Record June 18, 2008

Jorge Zayas — Temporary Sidewalk Occupancy Permit — peddling (Ward 13) (O 955-08) ...... 1330 Westside Catholic Charities Run — June 14 — Hermes Sports & Events (O 967-08) ...... 1332

Personnel Department

Amend contract # 65742 — Acxiom pre-employment background checks (O 459-08) ...... 1251 Pre-employment background and criminal checks — professional services (O 702-08) ...... 1278 Salary and wage schedules — effective April 1, 2007 — repealing Ord. No. 289-06 (O 947-08) ...... 1310

Playgrounds

Arthur R. Johnson playground — name change to — Miles Heights Arthur R. Johnson playground (O 959-08) ...... 1331

Port Control Department

Airports Council International — contracts — customer service satisfaction surveys (O 754-08) ...... 1289 Amend Contract No. 48042 with Standard Parking Corp. to operate taxi cab stand (O 860-08) ...... 1304 Department of Port Control Police — new Sect. 139.20 (O 169-08) ...... 1248 Elevator emergency phone system — contracts — CHIA (O 815-08)...... 1297 Exercise option renew Contract No. 67546 with Hi-Lite Markings, Inc. — painting & paint removal on roadways, runways & other paved surfaces (O 813-08) ...... 1297 Relating to rates of fare and receipts for taxi cabs — amend Sect. 443.26 — operating taxicabs at Cleveland Hopkins International Airport — amend Ord. 1764-07 (O 960-08) ...... 1331

Professional Services

Cities for United Science Progress Program — apply & accept grant — Public Health (O 942-08) ...... 1308 Cleveland Public Power — contracts — for marketing and advertising (O 808-08)...... 1295 Cleveland Public Power billing — Sourcelink Ohio, LLC (O 734-08)...... 1283 Contracts with Kronos Incorp. — maintenance of attendance workforce system — Safety Dept. (O 868-08) ...... 1305 Director of Public Utilities — contracts — Tele Atlas — to support Geographic Information System (O 738-08)...... 1284 Mincom — contract — technical support and maintenance — Utilities Dept. (O 806-08) ...... 1295 Mincom — contracts — technical support and maintenance — Public Utilities Dept. (O 736-08) ...... 1284 MWH Americas, Inc — contract — for asset management assessment study of WPC (O 807-08) ...... 1295 Pre-employment background and criminal checks — Personnel Dept. (O 702-08) ...... 1278 Public improvement contracts — Relocate Public Utilities GIS Office (O 739-08) ...... 1284 To provide environmental, health, safety, sustainability, engineering services — Division of Water (O 735-08) ...... 1283 Public improvement contracts for renovating & repairing the Division of Printing and Reproduction facility (O 858-08) ...... 1303

Project Agreements

Interdept. transfer — Economic Development — Detroit, Trinity, lease to Penstan, LLC (O 700-08) ...... 1275

Public Hearings (Notices)

Change the Use, Area and Height District — N. side of Denison Ave. — Multi-Family Residential District (O 558-08) ...... 1238 Denison Ave. (north and south side) — between W. 16th St. & W. 13th St. — change the Use, Area and Height Districts — Local Retail Business, a ‘B’ Area District and a ‘2’ Height District (O 1069-07) ...... 1238

Public Improvements

2008 Mega Parks and recreation facilities — contacts — Parks, Recreation and Properties Dept. (O 451-08) ...... 1250 Accept Issue 1 grant — rehabilitating Bellaire Rd., (between West 130th St. & West 117th St.) (O 686-08) ...... 1271 1342 June 18, 2008 The City Record 117

Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Accept Issue 1 grant — rehabilitating East 30th St. (Woodland Ave. to St. Clair Ave.) (O 688-08)...... 1272 Agreement with City of E. Cleveland — for Woodworth Rd. resurfacing (O 547-08)...... 1257 Longmeade Ave. & St. John Ave. culverts — amend Ord. No. 912-07 (O 637-08) ...... 1268 Ontario Street area sewer project — contract (O 740-08)...... 1285 Professional service — contracts — Relocate Public Utilities GIS Office (O 739-08)...... 1284 Contracts — Highview Ave. sewer project (O 551-08) ...... 1258 Contract — CPP construction (O 556-08) ...... 1259 Contracts — Henninger Ave. sewer project (O 550-08) ...... 1258 Contracts — rehab. Cleveland Memorial Gardens and Cemeteries — Parks, Recreation and Properties Dept. (O 452-08) ...... 1251 Contracts — W. 50th ST. sewer project (O 552-08) ...... 1258 Contracts — parking improvements along Detroit Ave. — Gordon Square Arts District (O 872-08)...... 1305 Contracts for renovating & repairing the Division of Printing and Reproduction facility (O 858-08) ...... 1303 Rehabilitating secondary sites, including water towers, tanks, appurtenances — contracts (O 810-08) ...... 1296

Public Right-of-Way

Waterloo Rd., 15601 — encroach — Northeast Shores Development Corp. (O 589-08)...... 1266

Public Utilities Commission (PUCO)

Apply & Accept grant PUCO Hazmat Training — Safety Dept. — CSU (O 864-08) ...... 1304

Purchases and Supplies Division

Cleveland Enterprise Park — sell City-owned property — Millcreek Corporate Center, LLC. — amend Ord. No. 1650-05 (Sects. 4 & 5) (O 647-08) ...... 1269 Sell property at 4103 Memphis Ave. — Denison Elderly LLC (O 745-08) ...... 1289 HUD — purchase and sell property — 1466 East 174th St. & 1312 East 187th St. & 19406 Nyack Ct. — Collinwood Nottingham Villages Development Corp. (O 592-08) ...... 1266 Landseer Rd., 18410 & Hiller Ave., 18012 — to purchase and sell properties — Northeast Shores Development Corp. — HUD (O 453-08) ...... 1251 Providing for the exchange of real property — agreement — Community Development Dept. (O 243-08) ...... 1248 Purchase properties for Morgana and lease with Catholic Diocese of Greater Cleveland — purpose of providing recreational programming (O 565-08) ...... 1263

Railroads

Aetna Rd. Bridge No.3:001M — amend Ord. 906-07 — reconstruction — Ralph Tyler Companies — modify engineering & right-of-way plans — contracts — railroad company and/or GCRTA (O 743-08) ...... 1288

Regional Transit Authority

Aetna Rd. Bridge No.3:001M — amend Ord. 906-07 — reconstruction — Ralph Tyler Companies — modify engineering & right-of-way plans — contracts — railroad company and/or GCRTA (O 743-08) ...... 1288

Resolution of Support

County Commissioner’s grant application — for Great Lakes Towing Company (R 874-08) ...... 1240 Cuyahoga County Brownfield Development Fund — redevelopment — E. 66th St, 1966 (Ward 5) (R 962-08) ...... 1241

Resolutions — Miscellaneous

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium — (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Four Day Work Week, (excluding safety forces) (R 963-08)...... 1241 Oil and natural gas supplies (R 964-08) ...... 1242

Right-of-Way

Cleveland Clinic Foundation — beneath Carnegie Ave. — electric utility duct banks — Public Service (O 1045-07)...... 1243 1343 118 The City Record June 18, 2008

Encroach to South Pointe Commons, L.P. — permit — Sackett Ct. & W. 23rd PL. (O 548-08) ...... 1257

Safety Department

Amend Section 437.27 — Drivers and Passengers required to wear seat belts (O 732-08) ...... 1282 Apply & Accept grant — Cuyahoga County — Law Enforcement Terrorism Protection Program (O 865-08)...... 1304 Apply & Accept grant PUCO Hazmat Training — CSU (O 864-08)...... 1304 Bulletproof Vest Grant, 2008 — Bureau of Justice Assistance — Grants — U.S. Department of Justice, (O 866-08) ...... 1304 Byrne Memorial Justice Assistance Grant Program, 2008 — Grants — Ohio Office of Criminal Justice (O 867-08) ...... 1305 Contracts with Kronos Incorp.— maintenance of attendance workforce system (O 868-08) ...... 1305 Department of Port Control Police — new Sect. 139.20 (O 169-08) ...... 1248 Lease property at 18574 Cranwood Pkwy., to store and maintain Division of Correction vehicles (O 640-08) ...... 1268 Metropolitan Medical Response System 2006 — grant — amend Ord. No. 1687-06 — Ohio Department of Public Safety (O 816-08) ...... 1297 Unnecessary noise. — amend Sect. 605.10 (O 899-08) ...... 1307

Salaries

Collective bargaining agreement — Cleveland Municipal Court (Housing Court bailiffs) (O 946-08) ...... 1309 Salary and wage schedules — effective April 1, 2007 — repealing Ord. No. 289-06 (O 947-08) ...... 1310

Service Department

Accept Issue 1 grant — rehabilitating Bellaire Rd., (between West 130th St. & West 117th St.) (O 686-08) ...... 1271 Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Accept Issue 1 grant — rehabilitating East 30th St. (Woodland Ave. to St. Clair Ave.) (O 688-08)...... 1272 Aetna Rd. Bridge No.3:001M — amend Ord. 906-07 — reconstruction — Ralph Tyler Companies — modify engineering & right-of-way plans — contracts — railroad company and/ or GCRTA (O 743-08) ...... 1288 Agreement with City of E. Cleveland — for Woodworth Rd. resurfacing — public improvement (O 547-08) ...... 1257 Bessemer Avenue Extension Phase II project — final engineering services and Stage 3 services — Arcadis G & M of Ohio, Inc., formerly known as Arcadis FPS, Inc. — Amend Ord. No. 1855-06 (amendment to contract no. 64009) (O 635-08) ...... 1267 Case Western Reserve University — encroachment on Euclid Ave. (O 742-08) ...... 1285 Chester Avenue N.E. — vacate a portion (O 693-08) ...... 1273 Cleveland Clinic Foundation — public right-of-way beneath Carnegie Ave. — electric utility duct banks (O 1045-07) ...... 1243 Columbus Road Lift Bridge — rehabilitation — Cuyahoga County Commissioners (O 636-08) ...... 1268 Commissioner of Purchases & Supplies — sell property at 4103 Memphis Ave. — Denison Elderly LLC (O 745-08) ...... 1289 Consent agreement with the City of Cleve. & County Commissioners — for improvement of E. 105 St. & MLK Dr. (O 447-08) ...... 1249 E.12 St., E.13th St. , St. Clair & Superior Ave., Phase I — public improvement — amend Ord. 1146-05 (O 744-08) ...... 1288 Encroach to South Pointe Commons, L.P. — permit — public rights-of-way of Sackett Ct. & W. 23rd PL. (O 548-08) ...... 1257 Justin Avenue S.W. — vacate a portion (O 695-08) ...... 1274 Longmeade Ave. & St. John Ave. culverts — public improvement — amend Ord. No. 912-07 (O 637-08) ...... 1268 Morgana Ave., S.E. — intent to vacate (R 506-08) ...... 1240 Public improvement contracts — parking improvements along Detroit Ave. — Gordon Square Arts District (O 872-08) ...... 1305 Waterloo Rd., 15601 — encroach — public right-of-way — Northeast Shores Development Corp. (O 589-08) ...... 1266 West 27th Pl. (Oriole Court) — vacate a portion (O 694-08) ...... 1274 West 7th St. — vacate a portion (O 692-08)...... 1273 Westside Catholic Charities Run — permit — June 14 — Hermes Sports & Events (O 967-08) ...... 1332

Sewers

Ontario Street area — public improvement contract (O 740-08) ...... 1285 Public improvement — contracts — Highview Ave. (O 551-08) ...... 1258 1344 June 18, 2008 The City Record 119

Public improvement — contracts — Henninger Ave. (O 550-08) ...... 1258 Public improvement — contracts — W. 50th ST. (O 552-08) ...... 1258

Sidewalks

E.12 St., E.13th St. , St. Clair & Superior Ave., Phase I — public improvement — amend Ord. 1146-05 (O 744-08) ...... 1288

Street Vacation

Chester Avenue N.E. — vacate a portion (O 693-08) ...... 1273 Justin Avenue S.W. — vacate a portion (O 695-08) ...... 1274 Morgana Ave., S.E. — intent to vacate (R 506-08) ...... 1240 West 27th Pl. (Oriole Court) — vacate a portion (O 694-08) ...... 1274 West 7th St. — vacate a portion (O 692-08)...... 1273

Taxicabs

Relating to rates of fare and receipts for taxi cabs — amend Sect. 443.26 — operating taxicabs at Cleveland Hopkins International Airport — amend Ord. 1764-07 (O 960-08) ...... 1331

Unions

Collective bargaining agreement — Cleveland Municipal Court (Housing Court bailiffs) (O 946-08) ...... 1309

Utilities Department

Affordability Program Administration — Cleveland Housing Network — Water Division (O 805-08) ...... 1295 Cleveland Public Power — contracts — for marketing and advertising (O 808-08)...... 1295 Cleveland Public Power billing — professional service — Sourcelink Ohio, LLC (O 734-08)...... 1283 Contract — Green Energy Ohio — for solar thermal system equipment and donation of service (O 828-08) ...... 1301 Contract — recycling and disposal of various chemicals & hazardous hazmat (O 680-08) ...... 1271 Contract for sidewalk snow and ice melt (O 811-08) ...... 1296 CWRU — lease agreement — Kirtland Intake Crib — wind turbine (O 770-08) ...... 1292 Detention basins, detention facilities and structures — public improvement (O 809-08) ...... 1296 Contracts — das Manufacturing, Inc. — install curb markers system (O 737-08)...... 1284 Contracts — Tele Atlas — to support Geographic Information System (O 738-08)...... 1284 E.12 St., E.13th St. , St. Clair & Superior Ave., Phase I — public improvement — amend Ord. 1146-05 (O 744-08) ...... 1288 Mincom — contract — technical support and maintenance (O 806-08) ...... 1295 Mincom — contracts — technical support and maintenance (O 736-08) ...... 1284 MWH Americas, Inc — contract — for asset management assessment study of WPC (O 807-08) ...... 1295 Ontario Street area sewer project — public improvement contract (O 740-08) ...... 1285 Professional service — public improvement contracts — Relocate Public Utilities GIS Office (O 739-08) ...... 1284 Professional service — to provide environmental, health, safety, sustainability, engineering services — Division of Water (O 735-08) ...... 1283 Public improvement — contracts — Highview Ave. sewer project (O 551-08) ...... 1258 Public improvement — contract — CPP construction (O 556-08)...... 1259 Public improvement — contracts — Henninger Ave. sewer project (O 550-08)...... 1258 Public improvement — contracts — W. 50th ST. sewer project (O 552-08)...... 1258 Rehabilitating secondary sites, including water towers, tanks, appurtenances — public improvement contracts (O 810-08)...... 1296

Vehicles

Lease property at 18574 Cranwood Pkwy., to store and maintain Division of Correction vehicles (O 640-08) ...... 1268

Ward 01

Arthur R. Johnson playground — name change to — Miles Heights Arthur R. Johnson playground (O 959-08) ...... 1331 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Miles Ave. (between E. 167th St & City boundary) — Change the Use Districts — RA-2 Townhouse & Residence Industry (O 1266-07) ...... 1244 1345 120 The City Record June 18, 2008

Ward 02

Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Aetna Rd. Bridge No.3:001M — amend Ord. 906-07 — reconstruction — Ralph Tyler Companies — modify engineering & right-of-way plans — contracts — railroad company and/ or GCRTA (O 743-08) ...... 1288 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241

Ward 03

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241

Ward 04

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240

Ward 05

Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Accept Issue 1 grant — rehabilitating East 30th St. (Woodland Ave. to St. Clair Ave.) (O 688-08)...... 1272 Central Ave. — Land Reutilization Program — Good Hope Baptist Church (O 887-08) ...... 1306 Cuyahoga County Brownfield Development Fund — redevelopment — E. 66th St, 1966 (R 962-08) ...... 1241 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 E. 49th St. & E. 55th St. — Land Reutilization Program — Elabed, LLC (O 705-08) ...... 1280 Euclid Ave. — Land Reutilization Program — Midtown Cleveland, Inc. (O 701-08) ...... 1277 Property located on scattered sites — Land Reutilization Program — Cuyahoga Metropolitan Housing Authority. (O 772-08) ...... 1292 Scovill Ave. — Land Reutilization Program — Shiloh Baptist Church (O 888-08) ...... 1306

Ward 06

Cedar Ave. — Land Reutilization Program — Dionne Thomas Carmichel (O 890-08) ...... 1307 Cleveland Clinic Foundation — public right-of-way beneath Carnegie Ave. — electric utility duct banks — Public Service (O 1045-07) ...... 1243 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241

Ward 07

Chester Avenue N.E. — vacate a portion (O 693-08) ...... 1273 Lexington-Bell Community Center — agreement — Fatherhood Action Initiative & Summer Recreation Haven Project — (Ward 7 NEF) — Community Development (O 953-08)...... 1330 Wade Park Ave. — Land Reutilization Program — Jimmie L. Richard (O 505-08) ...... 1255

Ward 08

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Pierpont Ave. — Land Reutilization Program — Kimberly Y. Dowdell (O 773-08) ...... 1294

Ward 09

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241

Ward 10

Agreement with City of E. Cleveland — for Woodworth Rd. resurfacing — public improvement (O 547-08) ...... 1257 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Village Green Elderly, LLC — granting easement — south of Duggan Park (O 758-08) ...... 1290 1346 June 18, 2008 The City Record 121

Ward 11

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 HUD — purchase and sell property — 1466 East 174th St. & 1312 East 187th St. & 19406 Nyack Ct. — Collinwood Nottingham Villages Development Corp. (O 592-08) ...... 1266 Waterloo Rd., 15601 — encroach — public right-of-way — Northeast Shores Development Corp. (O 589-08) ...... 1266

Ward 12

Accept Issue 1 grant — rehabilitating Broadway Avenue (I-77 to the east corporation line) (O 687-08) ...... 1271 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Morgana Ave., S.E. — intent to vacate (R 506-08) ...... 1240 Purchase properties for Morgana and lease with Catholic Diocese of Greater Cleveland — purpose of providing recreational programming (O 565-08) ...... 1263

Ward 13

A Christmas Story House — Landmark Commission (O 602-08) ...... 1266 Burning River Foundation — agreement — Great Lakes Community Expo (Ward 13 NEF) — Public Health (O 951-08) ...... 1330 Change the Use District — N.E. corner of E.55th St. & Superior Ave. — Residence Office District (O 653-08)...... 1270 Change the Use District — E. 55th St. & Saint Clair Ave., (southeast corner) — Residence Office District (O 703-08)...... 1279 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 E.12 St., E.13th St. , St. Clair & Superior Ave., Phase I — public improvement — amend Ord. 1146-05 (O 744-08) ...... 1288 Jorge Zayas —Temporary Sidewalk Occupancy Permit — peddling (O 955-08)...... 1330 Marquette St. & St. Clair Ave. (northwest corner) — change the zoning — Local Retail Business (O 2023-07) ...... 1247 West 7th St. — vacate a portion (O 692-08)...... 1273 Westside Catholic Charities Run — permit — June 14 — Hermes Sports & Events (O 967-08) ...... 1332

Ward 14

Clark Ave., 5110 — objection to transfer of ownership — liquor permit (Ward 17) (R 968-08) ...... 1243 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Encroach to South Pointe Commons, L.P. — permit — public rights-of-way of Sackett Ct. & W. 23rd PL. (O 548-08) ...... 1257 Expanding Clark Metro Business Revitalization District — Clark Ave., & Fulton Rd., & Walworth Ave. (O 559-08) ...... 1261 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Fulton Rd., 3463 — objection to transfer of license — liquor permit (R 966-08) ...... 1243 West 27th Pl. (Oriole Court) — vacate a portion (O 694-08) ...... 1274

Ward 15

Change the Use, Area and Height District — N. side of Denison Ave — Multi-Family Residential District (O 558-08) ...... 1238 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Denison Ave. (north and south side) — between W. 16th St. & W. 13th St. — change the Use, Area and Height Districts — Local Retail Business, a ‘B’ Area District and a ‘2’ Height District (O 1069-07) ...... 1238 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Public improvement — contracts — Highview Ave. sewer project (O 551-08) ...... 1258 Public improvement — contracts — Henninger Ave. sewer project (O 550-08)...... 1258 Unnecessary noise. — amend Sect. 605.10 (O 899-08) ...... 1307

Ward 16

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 1347 122 The City Record June 18, 2008

Ward 17

Amend sect. 1 of Ord. 1977-07 — Franklin-West Clinton Historic District (O 460-08) ...... 1252 Clark Ave., 5110 — objection to transfer of ownership — liquor permit (Ward 14) (R 968-08) ...... 1243 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Detroit Shoreway Community Development Organization — agreement — Film Production Internship Program (Ward 17 NEF) (O 954-08) ...... 1330 Establishing a Pedestrian Retail Overlay (PRO) District — Detroit Ave., & Lake Ave., (between W. 48th St. & W. 77th St.) (O 560-08) ...... 1262 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Lease property on Crescent Avenue to St. Ignatius High School — Economic Development Dept. (O 896-08) ...... 1307 Lorain Rd. south (between W. 80th St. & W. 73rd St.) — Change the Use Districts — Local Retail Business District (O 1268-07) ...... 1246 Public improvement — contracts — W. 50th ST. sewer project (O 552-08)...... 1258 Public improvement contracts — parking improvements along Detroit Ave. — Gordon Square Arts District (O 872-08) ...... 1305 Storer Avenue — Land Reutilization Program — F.S. Metals, Inc. (O 603-08) ...... 1267 W. 81st. St., 2095 — Land Reutilization Program — Greater Cleveland Habitat for Humanity (O 557-08) ...... 1260

Ward 18

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 To purchase & sell property at 2048-50 West 98th St. to Cudell Improvement, Inc. — HUD (O 645-08) ...... 1269 W. 97th St. — Land Reutilization Program — Adrian Halcomb (O 706-08) ...... 1281

Ward 19

Accept Issue 1 grant — rehabilitating Bellaire Rd., (between West 130th St. & West 117th St.) (O 686-08) ...... 1271 Bellaire Rd. — Land Reutilization Program — Quan AM Temple of Vietnamese B (O 819-08) ...... 1298 Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Declaring property located at 11850 Lorain Ave. blighted — sell to Westown Community Development Corp. (O 504-08) ...... 1255 Establishing the Lorain Variety Historic District (O 567-08)...... 1263 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Longmeade Ave. & St. John Ave. culverts — public improvement — amend Ord. No. 912-07 (O 637-08) ...... 1268

Ward 20

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Justin Avenue S.W. — vacate a portion (O 695-08) ...... 1274 Longmeade Ave. & St. John Ave. culverts — public improvement — amend Ord. No. 912-07 (O 637-08) ...... 1268

Ward 21

Cuyahoga County Court of Common Pleas — Foreclosure Moratorium (“fast track”) (R 957-08) ...... 1240 Federal Trade Commission Act — Truth in Savings Act & Truth in Lending Act — unfair and abusive practices by the credit card industry (R 958-08) ...... 1241 Kamm’s Corners Development Corp. — agreement — Garfield Community Garden Project — (Ward 21 NEF) — Parks, Recreation and Properties (O 956-08)...... 1331 Kamm’s Corners Development Corporation — agreement — Kamm’s Corners Education Expo — (Ward 21 NEF) — Community Development (O 952-08) ...... 1330 Rocky River Dr., 4075 — objection to transfer of ownership — liquor permit (R 965-08) ...... 1242

Water Division

Affordability Program Administration — Cleveland Housing Network (O 805-08) ...... 1295 Contract — recycling and disposal of various chemicals & hazardous hazmat (O 680-08) ...... 1271 1348 June 18, 2008 The City Record 123

Director of Public Utilities — contracts — Tele Atlas — to support Geographic Information System (O 738-08)...... 1284 Mincom — contract — technical support and maintenance — Utilities Dept. (O 806-08) ...... 1295 Professional service — to provide environmental, health, safety, sustainability, engineering services (O 735-08) ...... 1283

Water Pollution Control Division

Contract — recycling and disposal of various chemicals & hazardous hazmat (O 680-08) ...... 1271 Detention basins, detention facilities and structures — public improvement — Utilities Dept. (O 809-08) ...... 1296 Director of Public Utilities — contracts — das Manufacturing, Inc. — install curb markers system (O 737-08) ...... 1284 MWH Americas, Inc — contract — for asset management assessment study of WPC (O 807-08) ...... 1295 Professional service — to provide environmental, health, safety, sustainability, engineering services — Division of Water (O 735-08) ...... 1283

Zoning

Change the Use District — N.E. corner of E.55th St. & Superior Ave. — Residence Office District (O 653-08)...... 1270 Change the Use District — E. 55th St. & Saint Clair Ave., (southeast corner) — Residence Office District (O 703-08)...... 1279 Change the Use, Area and Height District — N. side of Denison Ave — Multi-Family Residential District (O 558-08) ...... 1238 Denison Ave. (north and south side) — between W. 16th St. & W. 13th St. — change the Use, Area and Height Districts — Local Retail Business, a ‘B’ Area District and a ‘2’ Height District (O 1069-07) ...... 1238 Establishing a Pedestrian Retail Overlay (PRO) District — Detroit Ave. & Lake Ave. (between W. 48th St. & W. 77th St.) (O 560-08) ...... 1262 Establishing the Lorain Variety Historic District — (Ward 19) (O 567-08) ...... 1263 Expanding Clark Metro Business Revitalization District — Clark Ave., & Fulton Rd. & Walworth Ave. (O 559-08) ...... 1261 Lorain Rd. south (between W. 80th St. & W. 73rd St.) — Change the Use Districts — Local Retail Business District (O 1268-07) ...... 1246 Marquette St. & St. Clair Ave. (northwest corner) — change the zoning — Local Retail Business (O 2023-07) ...... 1247 Miles Ave. (between E. 167th St & City boundary) — Change the Use Districts — RA-2 Townhouse & Residence Industry (O 1266-07) ...... 1244

1349