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Containing PAGE

City Council 3

The Calendar 3

Board of Control 3

Civil Service 5

Board of Zoning Appeals 23

Board of Building Standardsand Building Appeals 24

Public Notice 24

Public Hearings 24

City of Cleveland Bids 24

Adopted Resolutionsand Ordinances 25

Committee Meetings 151

Index 152

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

June the Eighteenth, Two Thousand and Three

Jane L. CampbellMayor

Frank G. JacksonPresident of Council

Valarie J. McCallCity Clerk, Clerk of Council

Ward Name

1 Joseph T. Jones

2 Robert J. White

3 Zachary Reed

4 Kenneth L. Johnson

5 Frank G. Jackson

6 Patricia J. Britt

7 Fannie M. Lewis

8 Sabra Pierce Scott

9 Kevin Conwell

10 Roosevelt Coats

11 Michael D. Polensek

12 Edward W. Rybka

13 Joe Cimperman

14 Nelson Cintron, Jr.

15 Merle R. Gordon

16 Michael C. O’Malley

17 Matthew Zone

18 Jay Westbrook

19 Dona Brady

20 Martin J. Sweeney

21 Michael A. Dolan

PRESORTED STANDARD

U. S. POSTAGE PAIDCLEVELAND, OHIO

Permit No. 1372

DIRECTORY OF CITY OFFICIALS

CITY COUNCIL – LEGISLATIVEPresident of Council – Frank G. Jackson

Ward Name Residence1 Joseph T. Jones...................................................4691 East 177th Street 441282 Robert J. White ..................................................3760 East 126th Street 441053 Zachary Reed .....................................................3734 East 149th Street 441204 Kenneth L. Johnson...............................................2948 Hampton Road 441205 Frank G. Jackson..................................................2327 East 38th Street 441156 Patricia J. Britt........................................................12402 Britton Drive 441207 Fannie M. Lewis.........................................................7416 Star Avenue 441038 Sabra Pierce Scott ..............................................9212 Kempton Avenue 441089 Kevin Conwell ......................................................774 East 131st Street 44108

10 Roosevelt Coats.....................................................1775 Cliffview Road 4411211 Michael D. Polensek..............................................17855 Brian Avenue 4411912 Edward W. Rybka .................................................6832 Indiana Avenue 4410513 Joe Cimperman....................................................3053 West 12th Street 4411314 Nelson Cintron, Jr....................................................4326 Daisy Avenue 4410915 Merle R. Gordon .................................................1700 Denison Avenue 4410916 Michael C. O’Malley ..........................................6710 Brookside Drive 4414417 Matthew Zone......................................................1228 West 69th Street 4410218 Jay Westbrook ...................................................1278 West 103rd Street 4410219 Dona Brady...........................................................3466 Bosworth Road 4411120 Martin J. Sweeney.............................................3632 West 133rd Street 4411121 Michael A. Dolan ...............................................16519 West Park Road 44111

City Clerk, Clerk of Council – Valarie J. McCall, 216 City Hall, 664–2840First Assistant Clerk – Sandra Franklin

MAYOR – Jane L. CampbellDavid M. McGuirk, Executive AssistantTimothy Mueller, Executive AssistantCraig Tame, Executive AssistantHenry Guzman, Director, Office of Equal OpportunityMargreat A. Jackson, Legislative Affairs LiaisonErik Janas, Inter-Governmental Affairs Officer

D E P T. OF LAW – Subodh Chandra ,D i re c t o r, Galen L. Sch u e rl e i n ,Acting Chief Counsel, Rm. 106Karen E. Martines, Law Librarian, Room 100

DEPT. OF FINANCE – Robert H. Baker, Director, Room 104;Frank Badalamenti, Manager, Internal Audit

DIVISIONS: Accounts – Alan Schneider, Commissioner, Room 19Assessments and Licenses – Dedrick Stephens, Commissioner, Room 122City Treasury – Algeron Walker, Treasurer, Room 115Financial Reporting and Control – James Gentile, Controller, Room 18Information Systems Services – James S. Higgins, Commissioner, 1404 East 9th StreetPurchases and Supplies – Myrna Branche, Commissioner, Room 128Printing and Reproduction – Michael Hewitt, Commissioner, 1735 Lakeside AvenueTaxation – Nassim Lynch, Tax Administrator, 1701 Lakeside Avenue

DEPT. OF PUBLIC UTILITIES – Michael G. Konicek, Director, 1201 Lakeside Avenue

DIVISIONS – 1201 Lakeside AvenueCleveland Public Power – James F. Majer, CommissionerStreet Lighting Bureau – ______________, Acting ChiefUtilities Fiscal Control – Dennis Nichols, CommissionerWater – Julius Ciaccia, Jr., CommissionerWater Pollution Control – Darnell Brown, Commissioner

DEPT. OF PORT CONTROL – John C. Mok, DirectorCleveland Hopkins International Airport, 5300 Riverside DriveBurke Lakefront Airport – Khalid Bahhur, CommissionerCleveland Hopkins International Airport – Fred Szabo, Commissioner

DEPT. OF PUBLIC SERVICE – Mark Ricchiuto, Director, Room 113

DIVISIONS: Architecture – Kurt Weibusch, Commissioner, Room 517Engineering and Construction – Randall E. DeVaul, Commissioner, Room 518Motor Vehicle Maintenance, Daniel A. Novak, Commissioner, Harvard YardsStreets – Randell T. Scott, Commissioner, Room 25Tra ffic Engi n e e ring – Robert Mave c, C o m m i s s i o n e r, 4150 East 49th Stre e t , Building #1Waste Collection and Disposal – Ron Owens, Commissioner, 5600 Carnegie Avenue

D E P T. OF PUBLIC HEALTH – Mat t h ew Carro l l ,Acting Dire c t o r, M u ral Building, 1925 St. Clair Ave.DIVISIONS: Air Quality – CommissionerC o rrection – Robert Ta s key,C o m m i s s i o n e r, C l eveland House of Corre c t i o n s , 4041 Nort h field Rd.Environment – Willie Bess, Acting Commissioner, Mural Building, 1925 St. Clair Ave.Health – Dr. We n dy Jo h n s o n , Acting Commissioner, M u ral Building, 1925 St. Clair Ave.

DEPT. OF PUBLIC SAFETY – James A. Draper, Director, Room 230

DIVISIONS: Dog Pound – John Baird, Chief Dog Warden, 2690 West 7th StreetEmergency Medical Service – Edward Eckart,Commissioner, 1708 South Pointe DriveFire – Kevin G. Gerrity, Chief, 1645 Superior AvenuePolice – Edward F. Lohn, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street

DEPT. OF PARKS, RECREATION & PROPERTIES –James Glending, Acting DirectorCleveland Convention Center, Clubroom A, 1220 East 6th StreetDIVISIONS: Convention Center & Stadium – James Glending, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenueParking Facilities – Dennis Donahue, CommissionerPublic Auditorium, East 6th Street and Lakeside AvenuePark Maintenance and Properties – Richard L. Silva, CommissionerPublic Auditorium – East 6th Street and Lakeside AvenueProperty Management – Tom Nagle, Commissioner, East 49th Street & HarvardRecreation – Michael Cox, Commissioner, Room 8R e s e a rch , Planning & Development – Mark Fa l l o n ,C o m m i s s i o n e r, 1501 N. Marginal Road

Burke Lakefront Airport

D E P T. OF COMMUNITY DEVELOPMENT – Linda M. Hudecek, D i re c t o r, 3 rd Floor, City HallDIVISIONS: Administrative Services – Terrence Ross, CommissionerNeighborhood Services – Louise V. Jackson, CommissionerNeighborhood Development – Sharon Dumas, Commissioner

DEPT. OF BUILDING AND HOUSING – James G. Williams, Director, Room 500DIVISIONS: Code Enforcement – _____________, CommissionerConstruction Permitting – ____________________, Commissioner

DEPT. OF PERSONNEL AND HUMAN RESOURCES – Eduardo A. Romero,Director,Room 121

DEPT. OF ECONOMIC DEVELOPMENT – Steven Sims, Director, Room 210

DEPT. OF AGING – Jane E. Fumich, Director, Room 122

DEPT. OF CONSUMER AFFAIRS – Kenya Taylor, Director

COMMUNITY RELATIONS BOARD – Room 11, _ _ _ _ _ _ _ _ _ _ _ _ ,D i rector; Mayor Jane L.Campbell,Chairman Ex-Officio; Rev. Charles Lucas,Jr., Vice-Chairman; CouncilmanKevin Conwell, Councilman Matthew Zone, City Council Representatives; Charles L.Pat t o n ,J r. , Paula Castleb e rry, Emmett Saunders , John Banno, K at h ryn M. Hall, E va n ge l i n eH a rd away, Janet Ja n k u ra , Gia Hoa Rya n , R ev. Jesse Harri s , M agda Gomez, Fred J.Livingstone, Margot James Copeland.

CIVIL SERVICE COMMISSION – Room 119, R eynaldo Galindo, P resident; Rev. EarlPreston, Vice President; Jonalyn M. Krupka,Secretary; Members:Diane M. Downing,Matthew Dotson.

SINKING FUND COMMISSION – Jane L. Campbell,President; Council President FrankG. Jackson; Betsy Hruby, Asst. Sec’y.; Robert H. Baker, Director.

BOARD OF ZONING APPEALS – Room 516,Carol A. Johnson,Chairman; Members;M a rgre at Hopkins, O zell Dobb i n s , Joan Shaver Wa s h i n g t o n , C h ristopher Carm o dy,Eugene Cranford, Jr., Secretary.

B OARD OF BUILDING STA N DARDS AND BUILDING APPEALS – Room 516, J. F. Denk,Chairman; James Williams,Arthur Saunders,Alternate Members – D. Cox, P. Frank,E.P. O’Brien, Richard Pace, J.S. Sullivan.

BOARD OF REVISION OF ASSESSMENTS – Law Director Subodh Chandra,President;Finance Director Robert H. Baker, Secretary; Council President Frank G. Jackson.

B OARD OF SIDEWALK APPEALS – Service Director Mark Ricchiuto; Law Dire c t o rSubodh Chandra; Councilman Martin J. Sweeney.

B OARD OF REVIEW – (Municipal Income Tax) – Law Director Subodh Chandra; UtilitiesDirector Michael G. Konicek; Council President Frank G. Jackson.

CITY PLANNING COMMISSION – Room 501 – Christopher S. Ronay n e, D i re c t o r ;Anthony J. Coyne, Chairman; David Bowen,Lillian W. Burke, Lawrence A. Lumpkin,Gloria Jean Pinkney, Rev. Sam Edward Small, Councilman Joseph Cimperman.

FAIR EMPLOYMENT WAGE BOARD – Room 210 – Gerald Meye r, Chair; A n gela Caldwe l l ,Vice Chair; P atrick Gallagher, Kathryn Jackson, Draydean McCaleb,Council MemberNelson Cintron, Ed Romero.

HOUSING A DV I S O RY BOARD – Room 310 – Keith Brow n , Te rri Hamilton Brow n , Vi ck i eE at o n - Jo h n s o n , M i ke Fo l ey, E ric Hodd e rs o n , Janet Loehr, M a rk McDerm o t t , M a rc i aNolan, D avid Pe rkow s k i , Joan Shaver Wa s h i n g t o n , Keith Sutton, Council Member Merl eG o rd o n .

FAIR HOUSING BOARD – Charles See, Chair; Cindy Barber, Vice Chair; Michael Doud,Doris Honsa, Richard Lenard.

CLEVELAND BOXING AND WRESTLING COMMISSION – Robert Jones,Chairman;Clint Martin, Mark Rivera.

MORAL CLAIMS COMMISSION – Law Director Subodh Chandra; Chairman; FinanceD i rector Robert H. Baker; Council President Frank G. Ja ckson; Councilman Dona Bra dy ;Councilman Martin J. Sweeney.

BOARD OF EXAMINERS OF ELECTRICIANS – Samuel Montfort,Chairman; DonaldB a u l k n i l g h t , Anton J. Eich mu l l e r, J. Gilbert Steele, R aymond Ossov i ck i , Chief Electri c a lInspector; Laszlo V. Kemes, Secretary to the Board.

B OARD OF EXAMINERS OF PLUMBERS – Jo s eph Gyo rky, C h a i rman; Earl S. Bumga rn e r,Alfred Fowler, Jozef Valencik, Lawrence Skule , Chief Plumbing Inspector; Laszlo V.Kemes, Secretary to the Board.

CLEVELAND LANDMARKS COMMISSION – Room 519 – Paul Vo l p e, Chair; Ted Sande,Vice Chair; James Gibans,India Pierce Lee, Robert Madison,Randall B. Shorr, ChrisR o n ay n e, N. Ku rt Wi ebu s ch , Council Member Joe Cimperm a n ,D wayne J. Simpson; RobertKeiser, Secretary.

CLEVELAND MUNICIPAL COURTJUSTICE CENTER – 1200 ONTARIO STREET

JUDGE COURTROOM ASSIGNMENTSJudge Courtroom

Presiding and Administrative Judge Larry A. Jones 13CJudge Ronald B. Adrine 15AJudge C. Ellen Connally 15CJudge Sean C. Gallagher 12CJudge Emanuella Groves 12BJudge Mabel M. Jasper 14DJudge Kathleen Ann Keough 13DJudge Mary E. Kilbane 14CJudge Ralph J. Perk, Jr. 14BJudge Raymond L. Pianka (Housing Court Judge) 13BJudge Angela R. Stokes 13AJudge Robert J. Triozzi 14AJudge Joseph J. Zone 12A

E a rle B. Tu rner – Clerk of Court s ,M i chael E. Flanagan – Court A d m i n i s t rat o r, Paul J. Mize rak – Bailiff ;Kenneth Thomas – Chief Pro b ation Offi c e r, G rego ry F. Cliffo rd – Chief Magi s t rat e

1425

CITY COUNCILMONDAY, JUNE 16, 2003

OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND

Vol. 90 W E D N E S DAY, JUNE 18, 2003 No. 4671

The City Re c o rd

The City RecordPublished weekly under authority

of the Charter of the

City of Cleveland

Subscription (by mail) $75.00 a year

January 1 to December 31

Interim subscriptions prorated

$6.25 per month

Address all communications to

VALARIE J. McCALLCity Clerk, Clerk of Council

216 City Hall

PERMANENT SCHEDULESTANDING COMMITTEES

OF THE COUNCIL2002-2005

MONDAY

9:30 A.M. — Public Parks, Property& Recreation Committee: Johnson,Chairman; White, Vice Chairman;

Cimperman, Dolan, Jones, Rybka,Sweeney.

MONDAY—Alternating

11:00 A.M. — Public Service Com-mittee: Sweeney, Chairman; Jones,Vice Chairman; Brady, Cimperman,Johnson, O’Malley, Polensek, White,

Zone.

11:00 A.M. — Employment, Affir-mative Action & Training Commit-tee: Lewis, Chairman; Conwell, ViceChairman; Cintron, Coats, Johnson,Reed, Polensek.

MONDAY

2:00 P.M. — Finance Committee:Jackson, Chairman; Sweeney, ViceChairman; Brady, Britt, Coats, Gor-

don, O’Malley, Reed, Scott, West-brook, White.

TUESDAY

9:30 A.M. — Community and Econo-mic Development Committee: Gor-

don, Chairman; Cimperman, ViceChairman; Cintron, Coats, Jones,

Lewis, Reed, Scott, Zone.

TUESDAY—Alternating

1:00 P.M. — Health & Human Ser-vices Committee: Britt, Chairman;Zone, Vice Chairman; Cintron, Con-

well, Gordon, Scott, Polensek.

1:30 P.M. — Legislation Committee:White, Chairman; Scott, Vice Chair-

man; Dolan, Gordon, Johnson, Ryb-ka, Westbrook.

WEDNESDAY—Alternating

10:00 A.M.—Aviation & Transporta-tion Committee: Westbrook, Chair-man; Sweeney, Vice Chairman; Britt,Dolan, Gordon, Reed, Rybka.

10:00 A.M. — Public Safety Com-mittee: Reed, Chairman; Britt, ViceChairman; Brady, Cimperman, Coats,Conwell, Jones, White, Zone.

WEDNESDAY—Alternating

1:30 P.M.—Public Utilities Commit-tee: Coats, Chairman; O’Malley, ViceChairman; Brady, Cintron, Jones,Polensek, Sweeney, Westbrook,Zone.

1:30 P.M.—City Planning Commit-tee: Cimperman, Chairman, Rybka,Vice Chairman, Conwell, Lewis,O’Malley, Scott, Westbrook.

The following Committees aresubject to the Call of the Chairman:

Rules Committee: Jackson, Chair-man; O’Malley, Reed, Sweeney, West-b r o o k .

Personnel and Operations Commit-tee: Gordon, Chairman; Britt, Cim-perman, Coats, Scott.

Mayor’s Appointment Committee:Coats, Chairman; Cintron, Reed,Pierce Scott, Westbrook.

OFFICIAL PROCEEDINGS

CITY COUNCIL______________

NONE

CALENDAR______________

The following measures will be ontheir final passage at the next meet-ing:

NONE

BOARD OF CONTROL

June 11, 2003

The regular meeting of the Boardof Control convened in the Mayor’soffice on Wednesday, June 11, 2003,at 10:30 a.m. with Mayor Campbellpresiding.

Present: Mayor Campbell, Direc-tors Chandra, Baker, Konicek, Act-ing Directors McGraw, Wasik, Car-roll, Smith, Ronayne, Resseger,Directors Romero, Sims, Fumich,Taylor and Williams.

Absent: None.Others: Myrna Branche, Commis-

sioner, Purchases and Supplies.Kathy Velkoff, Acting Director,

Office of Equal Opportunity.

On motion, the following resolu-tions were adopted.

Resolution No. 348-03.By Director Konicek.Be it resolved by the Board of

Control of the City of Cleveland thatthe employment of the followingsubcontractor by Mincom, Inc.,under the contract for systemadministration, support and end usertraining on their software applica-tion, for the Division of Water,Department of Public Utilities,authorized by Ordinance No. 1077-02,passed June 17, 2002, and Board ofControl Resolution No. 770-02, adopt-ed December 4, 2002, is herebyapproved:

SubcontractorPercentage — Work

Integic Corporation9.47% — $36,000.00

Yeas: Mayor Campbell, DirectorsChandra, Baker, Konicek, ActingDirectors McGraw, Wasik, Carroll,Smith, Ronayne, Resseger, DirectorsRomero, Sims, Fumich, Taylor andWilliams.

Nays: None.Absent: None.


Control of the City of Cleveland thatthe bid of Utilicon Corporation foran estimated quantity of labor andmaterials necessary to maintain andrepair water mains-Area East (allitems) for the Division of Water,Department of Public Utilities, for aperiod of one (1) year beginningwith the date of execution of a con-tract, received on the 21st day ofMarch, 2003, pursuant to the author-ity of Ordinance No. 1956-01, passedMarch 11, 2002, upon a unit basis ofthe estimated quantity wouldamount to Three Million Five Hun-dred Ninety Seven Thousand FiveHundred Seven Dollars and 88/100cents ($3,597,507.88) is herebyaffirmed and approved as the low-est and best bid, and the Director ofPublic Utilities is hereby requestedto enter into requirement contractfor such commodities, which shallprovide for the immediate purchaseas the initial amount of such con-tract of the following:

Requisition No. 131821which shall be certified againstsuch contract in the sum of FiveHundred Thousand Dollars and00/100 cents ($500,000.00).

Said requirement contract shallfurther provide that the Contractorwill furnish the remainder of therequirement for such commodities,whether more or less than said esti-mated quantity, as may be orderedunder subsequent requisitions sepa-rately certified against said con-tract.

Be it further resolved by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractors by Util-icon Corporation, for the above-men-tioned service is hereby approved:


RMC Inc.15.01% — MBE — $539,800.00

Choice Construction5.01% — FBE — $180,000.00




Control of the City of Cleveland thatthe bid of Terrace ConstructionCompany, Inc. for an estimatedquantity of labor and materials nec-essary to maintain and repair watermains-Area West (all items) for theDivision of Water, Department ofPublic Utilities, for a period of one(1) year beginning with the date ofexecution of a contract, received onthe 14th day of March, 2003, pur-suant to the authority of OrdinanceNo. 1956-01, passed March 11, 2002,upon a unit basis of the estimatedquantity would amount to One Mil-lion Nine Hundred Twelve ThousandEighty Eight Dollars and 81/100cents ($1,912,088.81) is herebyaffirmed and approved as the low-est and best bid, and the Director ofPublic Utilities is hereby requestedto enter into requirement contractfor such commodities, which shallprovide for the immediate purchaseas the initial amount of such con-tract of the following:

Requisition No. 131822which shall be certified againstsuch contract in the sum of FiveHundred Thousand Dollars and00/100 cents ($500,000.00).

Said requirement contract shallfurther provide that the Contractorwill furnish the remainder of therequirement for such commodities,whether more or less than said esti-mated quantity, as may be orderedunder subsequent requisitions sepa-rately certified against said con-tract.

Be it further resolved by theBoard of Control of the City ofCleveland that the employment ofthe following subcontractors by Ter-race Construction Company, Inc., forthe above-mentioned service is here-by approved:


RMC Inc.15.00% — MBE — $286,814.00

Rockport Construction5.00% — FBE — $95,605.00



Resolution No. 351-03.By Director Ricchiuto.Resolved, by the Board of Control

of the City of Cleveland that the bidof APO Holdings Inc. D.B.A. AirPower of Ohio Co. for an estimatedquantity of 185CFM trailer mountedair compressors including alloptions, for the various divisions ofCity government, for the period ofone (1) year beginning with thedate of execution of a contract,received on May 1, 2003, pursuant tothe authority of Ordinance No. 1262-02, passed by the Council of the Cityof Cleveland on July 17, 2002, whichon the basis of the estimated quan-tity would amount to Fifty-EightThousand Nine Hundred Thirty-Oneand 98/100 Dollars ($58,931.98) (0%-0Days) is hereby affirmed andapproved as the lowest and best bid,and the Director of Public Service ishereby requested to enter into arequirement contract for such goodsand/or services, which shall providefor the immediate purchase as theinitial amount of such contract ofthe following:

Requisition No. 127536which shall be certified againstsuch contract in the sum of Fifty-One Thousand Seven Hundred Thir-ty and 68/100 Dollars ($51,730.68).

Said requirement contract shallfurther provide that the Contractorshall furnish the remainder of theCity’s requirements for such goodsand/or services, whether more orless than said estimated quantity, asmay be ordered under subsequentrequisitions separately certifiedagainst said contract.



Resolution No. 352-03.By Director Hudecek.Whereas, pursuant to Ordinance

No. 2076-76 passed October 25, 1976,the City is conducting a Land Reuti-lization Program (“Program”) inaccordance with the provisions ofChapter 5722 of the Ohio RevisedCode; and

Whereas, under said Program, theCity has acquired Permanent ParcelNos. 007-01-039 and 007-01-113 locatedat West 41st Street in Ward 14; and

Whereas, Section 183.021 of theCodified Ordinances of Cleveland,Ohio 1976 authorizes the Commis-sioner of Purchases and Supplies,when directed by the Director ofCommunity Development and whencertain specified conditions havebeen met, to sell Land ReutilizationProgram parcels to adjacent or abut-ting landowners; and

Whereas, Premier Investments,Inc., abutting/adjacent landowner,has proposed to the City to purchaseand develop said parcels; and

Whereas, the following conditionsexist:

1. The member of Council fromWard 14 has consented to the pro-posed sale;

2. The parcels are either less than4,800 square feet or less than 40 feetfrontage;

3. The proposed purchaser of saidparcels is neither tax delinquent norin violation of the Building andHousing Code; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland that

pursuant to Section 183.021 of Codi-fied Ordinances of Cleveland, Ohio1976, the Commissioner of Purchas-es and Supplies is authorized, whendirected by the Director of Commu-nity Development, and the Mayor ishereby requested to execute an Offi-cial Deed for and on behalf of theCity of Cleveland, with PremierInvestments, Inc. for the sale anddevelopment of Permanent ParcelNos. 007-01-039 and 007-01-113 locatedat West 41st Street, in accordancewith the Land Reutilization Pro-gram in such manner as best carriesout the intent of said program.

Be it further resolved that the con-sideration for said parcels shall be$1.00 each, which amount is herebydetermined to be not less than theFair Market value of said parcelsfor uses in accordance with saidProgram.



Resolution No. 353-03.By Director Baker.Be it resolved by the Board of

Control of the City of Cleveland thatpursuant to the authority of Ordi-nance No. 359-03, passed by theCouncil of the City of Cleveland onMarch 24, 2003, effective March 26,2003, Modis Incorporated is herebyselected from a list of firms deter-mined, after a full and complete can-vass by the Director of Finance, asthe firm to be employed by contractto provide professional services nec-essary to maintain and support theMITIS computer system for the Divi-sion of Taxation, Department ofFinance.

Be it further resolved that theDirector of Finance hereby isrequested to enter into a contractwith Modis Incorporated based uponits proposal dated February 21, 2003,as amended by its June 10, 2003 let-ter, for a term of one year with two(2) options to renew for one-yearterms. The contract shall be pre-pared by the Director of Law andshall provide for furnishing profes-sional services as described in saidproposal at the hourly rates statedin the proposal which is estimatedto be $500,000.00 per year and shallcontain such additional provisionsas the Director of Law deems nec-essary to protect and benefit thepublic interest.




No. 2076-76 passed October 25, 1976,the City is conducting a Land Reuti-lization Program in accordance withthe provision of Chapter 5722 of theOhio Revised Code; and

Whereas, City has acquired Per-manent Parcel Nos. 118-05-002, 118-05-003, 118-05-071 under said LandReutilization Program; and

Whereas, Ordinance No. 779-03passed June 9, 2003, authorized thesale of said parcels for a considera-tion established by the Board ofControl at not less than the FairMarket Value; and

4 The City Record June 18, 2003

1426

Whereas, Michael R. Lisman hasproposed to the City to purchase anddevelop said parcels; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatpursuant to the authorization ofOrdinance No. 779-03 passed June 9,2003, by the Cleveland City Council,the Mayor is hereby authorized toexecute an official deed for and onbehalf of the City of Cleveland withMichael R. Lisman for the sale anddevelopment of Permanent ParcelNos. 118-05-002, 118-05-003, 118-05-071,as described in said Ordinance inaccordance with the Land Reuti-lization Program in such manner asbest carries out the intent of saidprogram.

Be it further resolved that the con-sideration for said parcels shall be$100.00 each, which amount is here-by determined to be not less thanthe fair market value of said parcelsfor uses in accordance with theLand Reutilization Program.




No. 2076-76 passed October 25, 1976,the City is conducting a Land Reuti-lization Program in accordance withthe provision of Chapter 5722 of theOhio Revised Code; and

Whereas, City has acquired Per-manent Parcel Nos. 142-16-002, 142-16-003, 142-16-052, 142-16-060, 142-16-054under said Land Reutilization Pro-gram; and

Whereas, Ordinance No. 145-03passed June 2, 2003, authorized thesale of said parcels for a considera-tion established by the Board ofControl at not less than the FairMarket Value; and

Whereas, Amistad DevelopmentCorporation has proposed to the Cityto purchase and develop saidparcels; now, therefore,

Be it resolved by the Board ofControl of the City of Cleveland thatpursuant to the authorization ofOrdinance No. 145-03 passed June 2,2003, by the Cleveland City Council,the Mayor is hereby authorized toexecute an official deed for and onbehalf of the City of Cleveland withAmistad Development Corporationfor the sale and development of Per-manent Parcel Nos. 142-16-002, 142-16-003, 142-16-052, 142-16-060, 142-16-054,as described in said Ordinance inaccordance with the Land Reuti-lization Program in such manner asbest carries out the intent of saidprogram.

Be it further resolved that the con-sideration for said parcels shall be$100 each, which amount is herebydetermined to be not less than thefair market value of said parcels foruses in accordance with the LandReutilization Program.



JEFFREY B. MARKS,Secretary

CIVIL SERVICE NOTICES____________

General Information

Application blanks and informa-tion, regarding minimum entrancequalifications, scope of examination,and suggested reference materialsmay be obtained at the office of theCivil Service Commission, Room 119,City Hall, East 6th Street, and Lake-side Avenue.

Application blanks must be prop-erly filled out on the official formprescribed by the Civil Service Com-mission and filed at the office of thecommission not later than the finalclosing date slated in the examina-tion announcement.

EXAMINATION RESULTS: Eachapplicant whether passing or failingwill be notified of the results of theexamination as soon as the com-mission has graded the papers.Thereafter, eligible lists will beestablished which will consist of thenames of those candidates who havebeen successful in all parts of theexamination.

PHYSICAL EXAMINATION: Allcandidates for original entrance posi-tions who are successful in otherparts of the examinations must sub-mit to a physical examination.

REYNALDO GALINDO,President

CIVIL SERVICE NOTICE____________

ANNOUNCEMENTS – 20036/23/03 — 6/27/03

A n n o u n c e - Type Classificationment No. Exam

77A-02 EE Airport OperationsAgent I (Non-Comp)

78A-02 EE Airport Safety Man(Non-Comp)

9A EE CommunityDevelopment CodeEnforcementInspector I (Non-Comp)

14A EE Community HealthAide (Non-Comp)

17A EE Construction EquipmentOperator Group A(Non-Comp)

16A EE Construction EquipmentOperator Group B(Non-Comp)

22A EE Cook (Non-Comp)

23A EE Correctional Officer(Non-Comp)

24A EE Custodial Worker(Non-Comp)

26A EE Data ConversionOperator (Non-Comp)

47A EE Electrical Worker(Non-Comp)

170 EE Emergency MedicalDispatcher (Non-Comp)

171 EE Emergency MedicalTechnician (Non-Comp)

28A EE Engineering & Construction Inspector(Non-Comp)

29A EE Financial Analyst(Non-Comp)

69A EE Garage Worker(Non-Comp)

71A EE Grounds MaintenanceMan (Non-Comp)

72A EE Grounds MaintenanceTruck Driver(Non-Comp)

172 EE Guard (Non-Comp)

52A EE Head Storekeeper(Non-Comp)

73A EE Heavy Duty Mechanic(Non-Comp)

75A EE Housing Inspector(Non-Comp)

104A EE Human Resources onthe Job TrainingSpecialist (Non-Comp)

173 EE Institutional Guard(Non-Comp)

80A EE Jackhammer Operator(Non-Comp)

81A EE Junior Cashier(Non-Comp)

82A EE Junior Clerk(Non-Comp)

83A EE Line Clearance Worker(Non-Comp)

84A EE Line Helper Driver(Non-Comp)

88A EE Machinist Helper(Non-Comp)

117A EE Paver (Non-Comp)

161A EE Police TrafficController (Non-Comp)

174 EE Principal Clerk(Non-Comp)

139A EE Quality AssuranceAnalyst (Non-Comp)

168A EE Real EstateMaintenance Worker(Non-Comp)

143A EE Receptionist(Non-Comp)

175 EE Security Officer(Non-Comp)

147A EE Sewer Serviceman(Non-Comp)

126A EE Stage Hand (Non-Comp)

162A EE Stock Clerk (Non-Comp)

150A EE Street EquipmentMaintenance Specialist(Non-Comp)

151A EE Street Sweeper(Non-Comp)

June 18, 2003 The City Record 5

1427

163A EE Telephone Operator(Non-Comp)

155A EE Traffic Sign and Marking Technician(Non-Comp)

165A EE Truck Driver(Non-Comp)

35A EE Typist (Non-Comp)

158A EE Waste CollectionRoll-Off Driver(Non-Comp)

166A EE Waste CollectionDriver (Non-Comp)

PROOF OF CITY RESIDENCY

Any applicant wishing to receiveresidency credit will be asked toshow that he/she is a bona fide res-ident of the City of Cleveland. Thefollowing list gives examples ofitems that an applicant may presentat the time of filing. The Civil Ser-vice Commission requires a mini-mum of three items from at leastthree different categories, whereapplicable. All items must be cur-rent. Please note that presentationof these items does not constituteconclusive proof of bona fide resi-dency. Acceptable categoriesinclude, but are not limited to, thefollowing:

Lease - from rental agency.

Lease - from independent party.Must include copy of cancelledcheck or money order receipts forprevious rent and/or securitydeposit, and fully executed; other-wise, it us unacceptable.

Utility bills bearing the propertyaddress and your name.

Post Office change of address formproperly date stamped.

Official documents relating to homeownership including deed, purchaseagreement, or insurance policy.

Bank statements (Within last threemonths).

School registration of children.

Car insurance documents.

Car registration or Driver’s Licenseor Ohio I.D. (One only).

Loans and credit card statements(Within last three months).

Rental contracts (e.g.: furniture,tools, car, etc.).

Current bills not listed above (With-in last three months).

The following are examples of unac-ceptable categories of proof:

Library cards.

Voter registration cards.

Birth certificates.

Notarized letters or affidavits.

Social Security card.

Rental receipts from independentparty without cancelled checks ormoney order receipt.

APPROVED C.S.C. MINUTESANNOUNCEMENT NO. 77A-02

AIRPORT OPERATIONS AGENT I(Non Comp)

Public notice is hereby given by theCivil Service Commission ofCleveland, Ohio of a non-competitiveexamination for the above mentionedclassification.

SALARY

The prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Clevelandis $14.54 to $18.65 per hour.

FILING OF APPLICATION

Application must be made on the reg-ular application form available at theOffice of the Civil ServiceCommission, 601 Lakeside Avenue,Room 119. No other form will beaccepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TOTHE EXAMINATION FROM 8:30 A.M.ON MONDAY, JUNE 23, UNTIL 4:30P.M. FRIDAY, JUNE 27, 2003.

NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M. ONFRIDAY, JUNE 27, 2003.

THE CIVIL SERVICE COMMIS-SION’S POLICY IS THAT NO LATEFILING WILL BE ALLOWED.

EXAMINATION INFORMATION

T Y P E: EXPERIENCE EVALUA-TION: Applicant’s grade will be deter-mined based on Education andExperience found in Resume.

NOTE: Each applicant is required tosubmit a detailed resume of his/hereducation and experience at the timeof filing application.

NOTE: THE CIVIL SERVICE COM-MISSION RESERVES THE RIGHTTO REVIEW AND EVALUATE ANYAND ALL INFORMATION CON-TAINED IN THE APPLICATION ORRESUME. LACK OF HONESTY WILLRESULT IN IMMEDIATE REMOVALFROM THE ELIGIBLE LIST.

DUTIES OF THE POSITION

Reviews operations report of preced-ing shift, special instructions andnature of field conditions; makes reg-ular physical inspection of field con-ditions, including landing, hangar,ramp and terminal areas; notes andreports unsafe and potentially haz-ardous conditions; originates andmaintains current files on transientaircraft; bills aircraft for landingfees; escorts emergency, constructionand other approved vehicles whentravel on the field is required; super-vises movement of snow removalcrews, crash and rescue crews, airlinecrews, and all others when on thefield, maintaining contact with con-trol tower on location of crews andaircraft movement; operates radiotelephone in answering questions ofand relaying information to pilots ofprivate planes; answers questionsfrom the public on airport operationsand conditions; conducts tours of air-port; when assigned, monitors thenoise monitoring system and per-forms related duties as required.

MINIMUM QUALIFICATIONS FORENTRANCE TO THIS EXAMINA-TION AS ESTABLISHED BY THECIVIL SERVICE COMMISSION OF

THE CITY OF CLEVELAND ARE ASFOLLOWS:

Applicant must be currently aTemporary Appointee with the City ofCleveland in this classification as ofFebruary 14, 2002.

NOTE: All copies of diplomas, licens-es, certificates, and resumes must bepresented at the time of filing.Applications will not be accepted ifcopies are not submitted with applica-tion at time of filing. Civil ServiceCommission will make copies for astandard fee.

NOTE: Any applicant who resigns oris dismissed from employment withthe City of Cleveland will havehis/her name removed from the eligi-ble list.

AN EQUAL OPPORTUNITY EMPLOYER

APPROVED C.S.C. MINUTESANNOUNCEMENT NO. 78A-02

AIRPORT SAFETY MAN(Non Comp)


SALARY

The prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Cevelandis $14.19 to $19.07 per hour.






TYPE: EXPERIENCE EVALUA-TION:Applicant’s grade will be deter-mined based on Education andExperience found in Resume.




Under direct supervision, operatesfirefighting equipment at an airportand maintains fire trucks and relatedequipment in good operating condi-tion, and administers first aide.

MINIMUM QUALIFICATIONS FORENTRANCE TO THIS EXAMINA-


1428

TION AS ESTABLISHED BY THECIVIL SERVICE COMMISSION OFTHE CITY OF CLEVELAND ARE ASFOLLOWS:





APPROVED C.S.C. MINUTESANNOUNCEMENT NO. 9A

COMMUNITY DEVELOPMENT CODEENFORCEMENT INSPECTOR I (NonComp)


SALARY











Under supervision of the Com-missioner of Building and Housing, tomake inspections of residential, com-mercial, industrial and other struc-

tures in the course of construction forthe purpose of ensuring compliancewith laws, ordinances, rules, and reg-ulations relating to design, location,construction, and maintenance; and toperform related duties as requiredthat pertain to enforcement of theCleveland Housing Code, ClevelandBuilding Code, and the ClevelandZoning Code.

MINIMUM QUALIFICATIONS FORENTRANCE TO THIS EXAMINA-TION AS ESTABLISHED BY THECIVIL SERVICE COMMISSION OFTHE CITY OF CLEVELAND ARE ASFOLLOWS:





APPROVED C.S.C MINUTESANNOUNCEMENT NO. 14A

COMMUNITY HEALTH AIDE (Non-Competitive)


SALARY



Application must be made on the reg-ular application form available at theOffice of the Civil ServiceCommission, 601 Lakeside Avenue,Room 119. No other form will beaccepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TOTHE EXAMINATION FROM 8:30 A.M.ON MONDAY, June 23, 2003 UNTIL4:30 P.M. ON FRIDAY, June 27, 2003.

NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M ONFRIDAY, JUNE 27, 2003.





NOTE: THE CIVIL SERVICE COM-MISSION RESERVES THE RIGHTTO REVIEW AND EVALUATE ANY

AND ALL INFORMATION CON-TAINED IN THE APPLICATION ORRESUME. LACK OF HONESTY WILLRESULT IN IMMEDIATE REMOVALFROM THE ELIGIBLE LIST.


Under direct supervision of the chief,Bureau Health Education, assists inoutreach programs in identifyinghealth services available to the med-ically indigent population.



NOTE: All copies of diplomas, licens-es, certificates, and resumes must bepresented at the time of filing. CivilService Commission will make copiesfor a standard fee.




CONSTRUCTION EQUIPMENTOPERATOR- GROUP A (Non Comp)


SALARY









NOTE: THE CIVIL SERVICE COM-MISSION RESERVES THE RIGHT


1429

TO REVIEW AND EVALUATE ANYAND ALL INFORMATION CON-TAINED IN THE APPLICATION ORRESUME. LACK OF HONESTY WILLRESULT IN IMMEDIATE REMOVALFROM THE ELIGIBLE LIST.


Under supervision, to operate, main-tain or repair, erect or dismantle, orperform other related duties asrequired in the operation of A-Frames, Compressor Operators, BoomTrucks, Cranes, Derricks, Draglines,Dredges, Elevating Grader of EuclidLoaders, Gradalls, Hoes (all types),Hoisting Engines, Pile Drivers,Power Shovels, Side Booms, TrenchMachines (over 24" wide), and relatedduties as required.






APPROVED C.S.C. MINUTES ANNOUNCEMENT NO. 16A

CONSTRUCTION EQUIPMENTOPERATOR- GROUP B(Non Comp)


SALARY




NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M. ON FRIDAY, JUNE 27, 2003.







Under supervision, to operate, main-tain or repair, erect or dismantle, orperform other related duties asrequired in the operation ofBulldozers, End loaders, KohlmanType Loaders, Power Graders, PowerScoops, Power Scrapers, Push Carts,and related duties as required.







COOK(Non Comp)


SALARY



Application must be made on the reg-ular application form available at theOffice of the Civil ServiceCommission, 601 Lakeside Avenue,Room 119. No other form will beaccepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TOTHE EXAMINATION FROM 8:30 A.M.ON MONDAY, JUNE 23 UNTIL 4:30P.M. FRIDAY, JUNE 27, 2003.



EXAMINATION INFORMATIONT Y P E: EXPERIENCE EVALUA-TION: Applicant’s grade will be deter-mined based on Education andExperience found in Resume.




Under immediate supervision, to pre-pare and cook food in a hospital orinstitution; and to perform relatedduties as required.







CORRECTIONAL OFFICER ( N o nComp)


SALARY

The prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Clevelandis $12.18 TO $15.45 per hour.








1430




Under supervision, to search inmatesentering buildings for restricteditems; to maintain discipline andorder among inmates; to inspect dor-mitories, shops, work facilities, toolsand equipment used by inmates; topatrol assigned posts and areas; torefer inmates needing medical atten-tion to the local hospital; to supervisethe conduct of inmates during mealtime; to escort and transport inmateswhen required; to make bed checks;and to perform such other duties asmay from time to time be assigned bysuperiors.







CUSTODIAL WORKER (Non Comp)


SALARY

The prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Clevelandis $ 9.20 to $13.54 per hour.


Application must be made on the reg-ular application form available at theOffice of the Civil ServiceCommission, 601 Lakeside Avenue,Room 119. No other form will beaccepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TOTHE EXAMINATION FROM 8:30 A.M.ON MONDAY, JUNE 23, 2003 UNTIL4:30 P.M. ON FRIDAY, JUNE 27, 2003.




T Y P E : EXPERIENCE EVALUA-TION: Applicant’s grade will be deter-mined based on Education andExperience found in Resume.

NOTE: Each applicant is required tosubmit a detailed resume of his/hereducation and experience at the time of filing appli-

cation.

N O T E:THE CIVIL SERVICE COM-MISSION RESERVES THE RIGHTTO REVIEW AND EVALUATE ANYAND ALL INFORMATION CON-TAINED IN THE APPLICATION ORRESUME. LACK OF HONESTY WILLRESULT IN IMMEDIATE REMOVALFROM THE ELIGIBLE LIST.


Under immediate supervision, tomaintain the exterior and interior ofbuildings, and adjacent grounds, in aclean and sanitary condition; to dogeneral cleaning and maintenancework in various municipal buildings.



NOTE: All copies of diplomas, licens-es, certificates and resumes must bepresented at the Time of filing.Applications will not be accepted ifcopies are not submitted with applica-tion at time of filing. Civil ServiceCommission will make copies for astandard fee.




DATA CONVERSION OPERATOR(Non Comp)


SALARY

The prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Clevelandis $ 9.92 to $13.67 per hour.




THE CIVIL SERVICE commission’sPOLICY IS THAT NO LATE FILINGWILL BE ALLOWED.


T Y P E : EXPERIENCE EVALUA-TION: Applicant’s grade will be deter-mined based on Education andExperience found in Resume.




Under direct supervision, responsiblefor conversion of data to machine-readable form on a card, tape or directaccess.



NOTE: All copies of diplomas, licens-es, certificates and resumes must bepresented at the time of filing.Applications will not be accepted ifcopies are not submitted with applica-tion at time of filing. Civil ServiceCommission will make copies for astandard fee.

NOTE: Any applicant who resigns oris dismissed from employment withthe City of

Cleveland will have his/her nameremoved from the eligible list.



ELECTRICAL WORKER (Non Comp)


SALARY





1431








Under supervision, to do skilled workin connection with the installation,repair and maintenance of electricallight and power transmission linesand circuits, signal lines and circuits,and electric generating and electri-cally operated equipment; and to per-form related duties as required.






APPROVED C.S.C. MINUTES ANNOUNCEMENT NO. 170

EMERGENCY MEDICAL DIS-PATCHER (Non Comp)


SALARY

The prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Clevelandis $24,765.24 to $37,797.11 per year.


Application must be made on the reg-ular application form available at theOffice of the Civil ServiceCommission, 601 Lakeside Avenue,

Room 119. No other form will beaccepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TOTHE EXAMINATION FROM 8:30 A.M.ON MONDAY, JUNE 23, UNTIL 4:30P.M. FRIDAY, JUNE 27, 2003.








Answer emergency medical telephonecalls from citizens, elicit pertinentinformation, prioritize the call usinginformation from the caller andassign the proper priority code.Operate Emergency Medical Servicedivisional computers and radio equip-ment according to city and FCC rulesand regulations. Dispatch EmergencyMedical Service units on the basis ofavailability and proximity to thescene of the requested service as wellas coordinating multiple EmergencyMedical Service units and resourcesfrom other agencies. Maintain famil-iarity with the streets of Clevelandand various resource agencies usedby Emergency Medical Service.Contact these agencies as needed,that is, Police, Fire, Coast Guard, etc.Maintain proficiency in emergencymedical dispatch in order to achieveand maintain certification in prioritydispatch. Perform other duties asassigned or required to meet emer-gency situations.






APPROVED C.S.C. MINUTESANNOUNCEMENT NO. 171

EMERGENCY MEDICAL TECHNI-CIAN(Non Comp)


SALARYThe prevailing salary range for thisposition as established by Ordinanceof the Council of the City of Clevelandis $26,336.35 to $41,891.67 per year.










Under general supervision, to trans-port sick and injured persons byambulance to safety; administer pre-hospital care treatment within thelimits defined by law in the Divisions’training program; respond to allambulance calls; operate an emer-gency vehicle; conduct equipment andsupplies inventories on vehicles; com-plete patient care forms, police forms,and evaluation forms on all emer-gency cases; attend continuing educa-tion sessions and meetings; and per-form other related duties as may beassigned or required to meet emer-gency situations.



NOTE: All copies of diplomas, licens-es, certificates, and resumes must bepresented at the time of filing.Applications will not be accepted if


1432

copies are not submitted with applica-tion at time of filing. Civil ServiceCommission will make copies for astandard fee.




ENGINEERING AND CONSTRUC-TION INSPECTOR(Non-Competitive)


SALARY



Application must be made on the reg-ular application form available at theOffice of the Civil ServiceCommission, 601 Lakeside Avenue,Room 119. No other form will beaccepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TOTHE EXAMINATION FROM 8:30 A.M.ON MONDAY, JUNE 23 ,2003 UNTIL4:30 P.M. ON FRIDAY, JUNE 27, 2003.

NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M ON FRIDAY, JUNE 27, 2003.







Under supervision, to inspect the con-struction of sewers; to examinepaving construction and maintenancework; to ensure compliance with con-tract plans, specifications and goodworkmanship, and to perform relativeduties as required.







FINANCIAL ANALYST ( N o n - C o m-petitive)


SALARY











Under supervision, secures and evalu-ates information on the financial sta-tus and credit rating of applicants forreal property improvement loans inrehabilitation and conservation pro-ject areas.


Applicant must be currently aTemporary Appointee with the City of

Cleveland in this classification as ofFebruary 14, 2002.





GARAGE WORKER ( N o n - C o m-petitive)

Public notice is hereby given by theCivil Service Commission ofCleveland, Ohio of a Non-Competitiveexamination for the above mentionedclassification.

SALARY











Under immediate supervision, to per-form routine service and maintenancework in garage; and to perform relat-ed duties as required.




1433


NOTE: All copies of diplomas, licens-es, certificates, and resumes must bepresented at the time of filing.




GROUNDS MAINTENANCE MAN(Non-Competitive)


SALARY











Responsible to crew leader in perfor-mance of all divisional ground main-tenance functions. Performing spe-cial tasks as designated and qualifiedto perform.







GROUNDS MAINTENANCE TRUCKDRIVER (Non-Competitive)


SALARY











Operates all mobile motorized equip-ment and/or vehicles assigned to theDivision of Parks and Urban Forestryas directed and qualified to operate.When not performing in this capacityhe/she will assist to the extent possi-ble in other grounds and maintenancefunctions as directed by crew fore-man.








GUARD (Non Comp)


SALARY











Under immediate supervision, topatrol and guard government ownedproperty; and to perform relatedduties as required.




1434





HEAD STOREKEEPER (Non Com-petitive)


SALARY











Under supervision, to supervise activ-ities in one or more storerooms or stor-age yards; and to perform relatedduties as required. To supervise theactivities of stockhandlers, truck dri-vers, watchmen, laborers, and otheremployees engaged in storeroomoperations and maintenance and inthe handling of stock; to supervise thereceiving, storing, disbursing, anddelivering of supplies; to supervisethe keeping of stock records; to super-vise or inspect the maintenance ofinventories; to requisition and trace

material and supplies; to direct thedispensing of material and supplies;to direct the dispensing of materialand supplies; to compile data for con-tract specifications; to assign trucks;to check time records; to supervise thetaking of inventories to assist instoreroom activities; and to makereports and recommendations.


Applicant must be currently aTemporary Appointee with the City ofCleveland in this classification as ofFebruary 14, 2002





HEAVY DUTY MECHANIC ( N o n -Competitive)


SALARY











Under supervision, to inspect, repair,adjust and service trucks and othermotorized equipment 20,000 GVW orover; to make other repairs andadjustments to secondary units.






APPROVED C.S.C MINUTES ANNOUNCEMENT NO. 75A

HOUSING INSPECTOR ( N o n - C o m-petitive)


SALARY











1435


Under direct supervision, inspectsapartment houses and other housingunits for safe and sanitary conditionsand to ensure compliance with hous-ing and zoning codes; investigatescomplaints, answers inquiries, andprepares reports of violations.







HUMAN RESOURCES ON THE JOBTRAINING SPECIALIST (NON-COMP)


SALARY











Reports to the Human ResourcesContract Administrator in theDepartment of Human Resources andcoordinates the OJT process toinclude development of the OJT con-tract format; identifies appropriateprivate sector positions for slot devel-opment; assures satisfactory andtimely placement into available slot;assures accurate and timely reim-bursement to employers; providesaccurate and timely reports on opera-tional activities; performs relatedduties as required.







INSTITUTIONAL GUARD ( N o nComp)


SALARY






EXAMINATION INFORMATIONT Y P E: EXPERIENCE EVALUA-TION: Applicant’s grade will be deter-mined based on Education andExperience found in Resume.

NOTE: Each applicant is required tosubmit a detailed resume of his/her

education and experience at the timeof filing application.



Under immediate supervision, toassume responsibility for the custodyand discipline of, and to supervise thework of prisoners at an institution; toperform miscellaneous work in con-nection with the maintenance andoperation of an institution; and to per-form related duties as required.







JACKHAMMER OPERATOR ( N o n -Competitive)


SALARY







1436






Breaking brick pavements, concretepavement and asphalt pavement inpreparation for permanent repairsand resurfacing.







JUNIOR CASHIER ( N o n - C o m-petitive)


SALARY











Under supervision, to receive funds inpayment of bills due and to issuereceipts for same; to disburse fundsupon proper authorization; to keeprecord of all money collected and dis-bursed; to balance accounts; and toperform related duties as required.







JUNIOR CLERK (Non-Competitive)


SALARY




NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M ON FRIDAY, APRIL 11, 2003.







Under immediate supervision, to doclerical work of a routine nature; andto perform related duties as required.







LINE CLEARANCE WORKER (Non-Competitive)


SALARY







1437






Under supervision, trims, cuts, andclears trees and underbrush fromelectrical transmission and distribu-tion lines. Performs temporaryrepairs to service wires. Locatesflares, cones, danger flags, and otherwarning equipment as required forcompliance with state, local, and CPPrules and regulations. Directs andtrains employees, as assigned.Performs other job-related duties asrequired.







LINE HELPER DRIVER (Non-Com-petitive)


SALARY











Under immediate supervision, todrive a line motor truck used in con-nection with the installation andmaintenance of electric lines andcables; to assist linemen as directed;and to perform related duties asrequired.







MACHINIST HELPER ( N o n - C o m-petitive)


SALARY











Under immediate supervision andinstruction, to perform the less diffi-cult operations on lathes, drill press-es, shapers, or other machine tools; toassist in assembling, erecting, andrepairing machinery of all kinds; andto perform related duties as required.







PAVER (non-comp)


SALARY






1438







Under supervision, to prepare bedsfor, and lay various types of brick andstone block pavements; and to per-form related duties as required.







POLICE TRAFFIC CONTROLLER(Non Comp)


SALARY











Under supervision, traffic controllerswrite parking tickets and call for thetowing of vehicles from publicthroughways and lands. Performsimpound work. Directs vehicular traf-fic and performs crowd and trafficcontrol for special events (races,parades, ball games, etc.) and per-forms related duties as required.Employees are prohibited from per-forming criminal investigations orexercising their authority on private-ly-owned premises.







PRINCIPAL CLERK ( N o n - C o m-petitive)


SALARY











Under general supervision, to super-vise the clerical activities in a clericalsubdivision; to do clerical workrequiring the exercise of a substan-tial degree of independent judgmentand a specialized knowledge of divi-sional procedure. Answer telephoneand direct calls to divisional person-nel. Prepare correspondence andreports. Responds to, or redirects Cityemployees, user-division and citizeninquiries and complainants. Processdocuments, forms, requisitions, andother administrative reports. May per-form purchasing tasks and may per-form payroll tasks as required.Coordinates and tracks documentsrelated to departmental divisionaloperations.







1439


QUALITY ASSURANCE ANALYST(Non Competitive)

Public notice is hereby given by theCivil Service Commission ofCleveland, Ohio of a Non-Competitiveexamination for the above-mentionedclassification.

SALARY




NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M ONFRIDAY, June 27, 2003.







Responsible for the monitoring andenforcement of Application documen-tation standards and documentationlibraries. Responsible for quality andstandards of necessary Applicationsoperational documents and associat-ed user education when new or modi-fied applications are to be placed inservice. Serves as the Data Center andUser education Coordinator.Interfaces with User groups, whennecessary, for the purpose of definingnew or additional User DataProcessing requirements.







REAL ESTATE MAINTENANCEWORKER (Non Comp)


SALARY











Maintains properties and structuresunder the jurisdiction of the City ofCleveland. Supervises the work of stu-dents and other seasonal employeesin maintaining said properties andstructures.







RECEPTIONIST (Non Competitive)


SALARY




NOTE: APPLICATIONS WILL NOTBE ACCEPTED AFTER 4:30 P.M ONFRIDAY, June 27, 2003.







Under general direction, to assist thepublic by providing information orredirection either by telephone or inperson; to sort and distribute mail, toassist other staff members in theirunderstanding of and possible resolu-tion of visitors problems, and otherrelated duties as required.


Applicant must be currently aTemporary Appointee with the City ofCleveland in this classification as of February 14, 2002





1440


SECURITY OFFICER (Non Comp)


SALARY











A Security Officer shall be responsi-ble for the security of City ofCleveland Buildings, property, itsrecords, and its equipment. Securitypersonnel shall also take immediateaction to protect life and propertywithin his/her jurisdiction.Additionally, personnel shall performsuch duties and work such hours asare designed by his/her superior.




NOTE: Any applicant who resigns or

is dismissed from employment withthe City of Cleveland will havehis/her name removed from the eligi-ble list.



SEWER SERVICEMAN (Non Comp)


SALARY











Under immediate supervision andinstruction, to carry out tasks relatedto operation, maintenance and repairsto sewers, manholes and catch basinsand to perform related duties asrequired.



NOTE: All copies of diplomas, licens-es, certificates, and resumes must bepresented at the time of filing.Applications will not be accepted ifcopies are not submitted with applica-tion at time of filing. Civil Service

Commission will make copies for astandard fee.




STAGE HAND(NON-COMP)


SALARY











Under supervision, to have charge ofand assist in the handling of proper-ties and other equipment used in stag-ing events at Public Auditorium andStadium; and to perform relatedduties as required.



NOTE: All copies of diplomas, licens-es, certificates, and resumes must be


1441

presented at the time of filing.Applications will not be accepted ifcopies are not submitted with applica-tion at time of filing. Civil ServiceCommission will make copies for astandard fee.




STOCK CLERK (Non Comp)


SALARY











Under immediate supervision, to doroutine work in connection with theoperation and maintenance of a store-room; and to perform related duties asrequired.







STREET EQUIPMENT MAINTE-NANCE SPECIALIST (Non Comp)


SALARY











Repair and maintain unimogs andauxiliary accessories, mounts andattaches accessories to the unimogs,removes and installs radio equipmenton vehicles, operates vehicles and per-forms related duties as required.







STREET SWEEPER (Non Comp)


SALARY











Under general supervision is respon-sible for sweeping and removing lit-ter from an assigned area of the city.Performs related duties as required.



1442

TION AS ESTABLISHED BY THECIVIL SERVICE COMMISSION OFTHE CITY OF CLEVELAND ARE ASFOLLOWS:






TELEPHONE OPERATOR ( N o nComp)


SALARY











Under immediate supervision, to oper-ate a telephone switchboard and/orsignal system; and to perform relatedduties as required.







TRAFFIC SIGN AND MARKINGTECHNICIAN (Non Comp)


SALARY











Under direct supervision, is requiredto perform specific duties of roadmarking, sign erection, metal shop,metal cleaning, shop maintenance,unit office and related work as per-formed in the Traffic sign and Paint

Unit-Division of Traffic Engineeringand Parking; required to work withhand tools and mechanical paintspray equipment and self-propelledstriping equipment for crosswalksand confined areas; responsible forproper operation and routine mainte-nance of assigned equipment;required at times to use special tools,such as air-powered tools, liftingequipment and cutting torches; andmay be assigned to special sign con-struction equipment and vehicles orbe in charge of sign or marking crewand equipment; must have knowledgeof preparation and execution of workorders and be able to implementrecord systems; responsible underdirection, for unit office duties, fieldchecking traffic signs, stock roomduties and issuance of materials;checking of sign installation for utili-ty clearance and liaison with utilitiespersonnel may be required at times.







TRUCK DRIVER (Non Comp)


SALARY







1443






Under supervision, to drive a truckand shall be required to assist supportpersonnel of the truck in the perfor-mance of work for which the truck isoperated; and to perform relatedduties as assigned.







TYPIST (Non-Competitive)

Public notice is hereby given by theCivil Service Commission of Cleve-land, Ohio of a non-competitive exam-ination for the above mentioned clas-sification.

SALARY











Under immediate supervision, to dotyping and clerical work of a routinenature; and to perform related dutiesas required.







WASTE COLLECTION ROLL-OFFDRIVER (Non Competitive)


SALARY











Under the direct supervision of theWaste Collection Foreman, operates aroll-off truck to remove and dispose ofwaste from the West 25th StreetMarket, City facilities, vacant lotsand other sites at which the roll-offmay be placed. Hauls garbage, debrisand bulk items to the dumping site. Isresponsible for the normal preventa-tive maintenance of his/her assignedvehicle such as, but not limited to,checking oil, checking tires, checkingwater, fuel, lights and roll-off andtractor operations. Must keep dailywritten records required by the divi-sion and perform other related duties.







WASTE COLLECTION DRIVER(Non Comp)


SALARY


FILING OF APPLICATIONApplication must be made on the reg-

ular application form available at the

Office of the Civil Service


1444

Commission, 601 Lakeside Avenue,

Room 119. No other form will be

accepted. APPLICATIONS WILL BERECEIVED FOR ENTRANCE TO

THE EXAMINATION FROM 8:30 A.M.

ON MONDAY, JUNE 23, UNTIL 4:30P.M. FRIDAY, JUNE 27, 2003.

NOTE: APPLICATIONS WILL NOT

BE ACCEPTED AFTER 4:30 P.M. ON FRIDAY, JUNE 27, 2003.

THE CIVIL SERVICE COMMIS-SION’S POLICY IS THAT NO LATE

FILING WILL BE ALLOWED.


T Y P E: EXPERIENCE EVALUA-

TION: Applicant’s grade will be deter-mined based on Education and

Experience found in Resume.

NOTE: Each applicant is required to

submit a detailed resume of his/her

education and experience at the timeof filing application.

NOTE: THE CIVIL SERVICE COM-

MISSION RESERVES THE RIGHTTO REVIEW AND EVALUATE ANY

AND ALL INFORMATION CON-

TAINED IN THE APPLICATION ORRESUME. LACK OF HONESTY WILL

RESULT IN IMMEDIATE REMOVAL

FROM THE ELIGIBLE LIST.


Operate the truck mechanism forloading, unloading and compacting.

Must be able to drive dump truck,

manual or automatic shift withhydraulic lifts and compressing oper-

ations. Must have a knowledge of the

streets of Cleveland. Must also per-

form the duties, at times, for whichthe truck was designed.


TION AS ESTABLISHED BY THE

CIVIL SERVICE COMMISSION OFTHE CITY OF CLEVELAND ARE AS

FOLLOWS:


Cleveland in this classification as of

February 14, 2002.

NOTE: All copies of diplomas, licens-

es, certificates, and resumes must bepresented at the time of filing.

Applications will not be accepted if

copies are not submitted with applica-

tion at time of filing. Civil ServiceCommission will make copies for a

standard fee.

NOTE: Any applicant who resigns or

is dismissed from employment with

the City of Cleveland will havehis/her name removed from the eligi-

ble list.


REYNALDO GALINDO,

President

June 18, 2003

SCHEDULE OF THE BOARDOF ZONING APPEALS

MONDAY, JUNE 30, 2003

9:30 A.M.

Calendar No. 03-149: 2150 West 5thStreet (Ward 13)

Sutton Builders, owner c/o KeithSutton, agent, appeal to construct a20' x 42' three-story one family res-idence with a 20' x 20' detachedgarage all situated on a 25' x 100'parcel located in a Multi-Family Dis-trict on the west side of West 5thStreet at 2150 West 5th Street; saidconstruction being contrary to theArea Requirements of Section 355.04,where the maximum gross floorarea allowed is 1,250 sq. ft. and 2,538sq. ft. is proposed and contrary tothe Yards and Courts Requirementsof Section 357.09(2)(A), where nobuilding shall be erected less than10' from a main building on anadjoining lot and 6' and approxi-mately 8' is proposed and Section357.09(2)(B), where an interior sideyard setback of 3' is required and.5' is proposed and an aggregatedside yard setback of 4' is proposedand an aggregated side yard set-back not less than 10' shall be pro-vided as stated in Section357.09(b)(2)(c) of the Codified Ordi-nances.


Sutton Builders, owner c/o KeithSutton, agent, appeal to construct a20' x 48' three-story one family res-idence with a 20' x 20' detachedgarage all situated on a 62' x 91'irregular shaped parcel located in aMulti-Family District on the eastside of West 7th Street at 2087 West7th Street; said construction beingcontrary to the Area Requirementsof Section 355.04, where the maxi-mum gross floor area allowed is1,575 sq. ft. and 2,739 sq. ft. is pro-posed and contrary to the Yards andCourts Requirements of Section357.09(2)(A), where no buildingshall be erected less than 10' froma main building on an adjoining lotand approximately 4' is proposedand Section 357.09(2)(B), where aninterior side yard setback of 3' isrequired and 2.5' is proposed and anaggregated side yard setback of 5'is proposed and an aggregated sideyard setback not less than 10' shallbe provided as stated in Section357.09(b)(2)(c) of the Codified Ordi-nances.


Sutton Builders, owners c/o KeithSutton, agent, appeal to construct a20' x 42' three-story one family res-idence with a 20' x 20' detachedgarage all situated on an approxi-mate 80' x 100' irregular shapedparcel located in a Multi-Family Dis-trict on the east side of West 7thStreet at 2093 West 7th Street; saidconstruction being contrary to theYards and Courts Requirements ofSection 357.04, where a 15' frontyard setback is required and 7' isproposed and Section 357.06, wherethe required average line of exist-ing building setback is 10' and 7'is proposed and Section357.09(2)(A), where no buildingshall be erected less than 10' froma main building on an adjoining lotand approximately 4' and 5.5' is

proposed and Section 357.09(2)(B),where an interior side yard setbackof 3' is required and 1.5' is proposedand an aggregated side yard set-back of 5.5' is proposed and anaggregated side yard setback notless than 10' shall be provided asstated in Section 357.09(b)(2)(c) ofthe Codified Ordinances.

Calendar No. 03-152: 3866 CarnegieAvenue (Ward 5)

James and Charles Comella, own-ers, and James Jackson, tenant,appeal to change the use of an exist-ing approximate 28' x 48' two-storystructure and basement into a daycare facility all situated on a 34' x150' parcel located in a GeneralRetail Business District on thesouth side of Carnegie Avenue at3866 Carnegie Avenue; said changeof use being contrary to the Busi-ness District Requirements wherethe proposed use is located in a Gen-eral Retail Business District and isby reference regulated in a One-Family District according to Section337.02(f) and requires the Board ofZoning Appeals approval as statedin Section 343.11 of the CodifiedOrdinances.

EUGENE CRANFORD, JR.,Secretary

REPORT OF THE BOARD

OF ZONING APPEALS

MONDAY, JUNE 16, 2003

At the meeting of the Board ofZoning Appeals on Monday, June 16,2003, the following appeals wereheard by the Board:

The following appeals were Ap-proved:

Calendar No. 03-138: 3873 SilsbyRoad

David Telban appealed to enclosean open front porch of a single fam-ily house in a Two-Family District;subject to conditions.

Calendar No. 03-142: 4611 West 130thStreet

United Petroleum Marketing LLCappealed to construct a new servicestation with a one-story retail storein a General Retail Business Dis-trict.

Calendar No. 03-108: 2906 FultonRoad

Luis Burgos, owner d.b.a., CaribeBake Shop appealed to construct atwo-story bakery, restaurant and anoffice in a Local Retail BusinessDistrict and a Two-Family District;subject to conditions.

The following appeals were De-nied:

Calendar No. 03-137: 9410 WayAvenue

Londell Edwards appealed toinstall a 45' high telecommunica-tions tower to the rear of a singlefamily house in a Two-Family Dis-trict.

Calendar No. 03-140: 3020 East 87thStreet

Clark H. Parker appealed toestablish use to store commercialtractors and trailers on a triangularshaped parcel in a General IndustryDistrict.


1445


Doyle Britton appealed to install4' high chain link fence around theperimeter of a 50' x 190' parcel ina Multi-Family District.

The following appeals were With-drawn:


Cleveland Clinic Foundationappealed to establish use of a 22,286sq. ft. parking lot in a Local RetailBusiness District.

Calendar No. 03-95: 9404 CedarAvenue

Cleveland Clinic Foundationappealed to establish use of a 12,655sq. ft. parking lot in a Local RetailBusiness District.


Cleveland Clinic Foundationappeal to establish use of a 20,082sq. ft. parking lot in a GeneralRetail Business District.


Cleveland Clinic Foundationappealed to establish use of a 66,900sq. ft. parking lot in a GeneralRetail Business District.

The following appeals were Post-poned:

Calendar No. 03-94: 1900 East 93rdStreet postponed to July 7, 2003.

Calendar No. 03-139: 4564 West 148thStreet postponed to July 7, 2003.

On Monday, June 16, 2003, in Exec-utive Session:

The following appeals were heardby the Board on Monday, June 9,2003, and said decision was ap-proved and adopted in ExecutiveSession on Monday, June 16, 2003:

The following appeals were Ap-proved:

Calendar No. 03-123: 9333 MilesAvenue

Allen Chapel Missionary BaptistChurch appealed to construct a 105'x 134' one-story church buildingwith accessory parking for 95spaces in a Two-Family District anda General Retail Business District.

Calendar No. 03-124: 3136 AudubonBoulevard

Dorothy Solomon appealed toenclose a 4'-6" x 6'-4" rear porchand construct a 15' x 20' one-storyframe addition to the rear of a two-story house in a Two-Family Dis-trict.

Calendar No. 03-125: 4142-46 LorainAvenue

Harry Pallas appealed to convert2 one-story storefront spaces into atavern in a Local Retail BusinessDistrict.

Calendar No. 03-145: 5702 LinwoodAvenue- Lot A

Rysar Properties appealed to con-struct a 34' x 51' two-story framehouse with a 20' x 24' attachedgarage in a Multi-Family District.

Calendar No. 03-113: 2164 West 5thStreet

Sutton Builders appealed to con-struct a 20' x 44' three-story, one

family residence with a 20' x 20'detached garage to the rear of a 25'x 100' parcel in a Multi-Family Dis-trict.

MOTION FOR RECONSIDERATION GRANTED:

Calendar No. 03-57: 2814 DetroitAvenue

Bounce Properties LLC appealedto expand the use of an existingrestaurant by converting a 20' x52'-6" open space adjacent to therestaurant into a concrete patio anda raised wooden deck in a Semi-Industry District.

EUGENE CRANFORD, JR.,Secretary

REPORT OF THE BOARDOF BUILDING STANDARDSAND BUILDING APPEALS

NO MEETING

PUBLIC NOTICE

NONE

NOTICE OF PUBLIC HEARING

NONE

CITY OF CLEVELAND BIDS

For All Departments

Sealed bids will be received at theoffice of the Commissioner of Pur-chases and Supplies, Room 128, CityHall, in accordance with the append-ed schedule, and will be opened andread in Room 128, City Hall, imme-diately thereafter.

Each bid must be made in accor-dance with the specifications andmust be submitted on the blankssupplied for the purpose, all ofwhich may be obtained at the officeof the said Commissioner of Pur-chases and Supplies, but no bid willbe considered unless delivered tothe office of the said commissionerprevious to 12:00 noon (EasternStandard Time) on the date speci-fied in the schedule.

187.10 Negotiated contracts; Noticerequired in Advertisement for Bids.

Where invitations for bids areadvertised, the following noticeshall be included in the advertise-ment: “Pursuant to the MBE/FBECode, each prime bidder, each minor-ity business enterprise (“MBE”) andeach female business enterprise(“FBE”) must be certified beforedoing business with the City. There-fore, any prime contractor wishingto receive credit for using an MBEor FBE should ensure that applica-tions for certification as to MBE orFBE status compliance with theCode, affirmative action in employ-ment and, if applicable, joint ven-ture status, are submitted to theOffice of Equal Opportunity (“OEO”)prior to the date of bid opening orsubmission of proposals or as spec-ified by the Director. Failure to com-ply with the business enterprisecode or with representations madeon these forms may result in can-cellation of the contract or othercivil or criminal penalties.”

WEDNESDAY, JULY 2, 2003

Rental of Large Capacity Trucks, forthe Division of Streets, Depart-ment of Public Service, as autho-rized by Ordinance No. 367-03,passed by the Council of the Cityof Cleveland, March 24, 2003.

THERE WILL BE A PRE-BIDMEETING HELD ON TUESDAY,JUNE 17, 2003 AT 2:30 P.M. INROOM 25, DIVISION OF STREETS,601 LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

Grinding of Pavement, for the Divi-sion of Streets, Department ofPublic Service, as authorized byOrdinance No. 366-03, passed bythe Council of the City of Cleve-land, March 24, 2003.

THERE WILL BE A PRE-BIDMEETING HELD ON TUESDAY,JUNE 17, 2003 AT 3:00 P.M. INROOM 25, DIVISION OF STREETS,601 LAKESIDE AVENUE, CLEVE-LAND, OHIO 44114.

June 11, 2003 and June 18, 2003


West 111th Street/West 114th Street8' Water Main Repair, for the Divi-sion of Water, Department of Pub-lic Utilities, as authorized by Ordi-nance No. 1155-01, passed by theCouncil of the City of Cleveland,July 18, 2001.

THERE WILL BE A REFUNDABLEFEE OF TWO HUNDRED DOL-LARS ($200.00) IN THE FORM OFA CASHIER’S CHECK AND/ORMONEY ORDER.

THERE WILL BE A PRE-BIDMEETING HELD ON WEDNES-DAY, JUNE 25, 2003 AT 10:00 A.M.IN ROOM 101, CARL B. STOKESPUBLIC UTILITIES BUILDING,1201 LAKESIDE AVENUE, CLEVE-L A N D , OHIO 44114.

PVC Conduit, Fittings & Accessories,for the Division of Cleveland Pub-lic Power, Department of PublicUtilities, as authorized by Section129.26 of the Codified Ordinancesof Cleveland, Ohio, 1976.

THERE WILL BE A MANDATORYPRE-BID MEETING HELD ONWEDNESDAY, JUNE 25, 2003 AT10:00 A.M., CLEVELAND PUBLICPOWER, 1300 LAKESIDE AVE-NUE, CLEVELAND, OHIO 44114.

June 11, 2003 and June 18, 2003


Cab/Chassis with Cargo A, B, C, forthe Division of Motor VehicleMaintenance, Department of Pub-lic Service, as authorized by Ordi-nance No. 1262-02, passed by theCouncil of the City of Cleveland,July 17, 2002.

THERE WILL BE A PRE-BIDMEETING HELD ON MONDAY,JUNE 23, 2003 AT 10:30 A.M. AT4150 E. 49th STREET, BLDG. #1,CLEVELAND, OHIO 44105.

Bailiff Department Uniform Cloth-ing, for the Division of ClevelandMunicipal Court, Department ofFinance, as authorized by Ordi-nance No. 2309-02, passed by theCouncil of the City of Cleveland,March 3, 2003 amending OrdinanceNo. 2143-01, passed by the Councilof the City of Cleveland, Decem-ber 10, 2001.


1446

THERE WILL BE A PRE-BIDMEETING THURSDAY, JUNE 26,2003 AT 10:00 A.M., BAILIFFDEPARTMENT, CONFERENCEROOM, 10TH FLOOR JUSTICECENTER, 1200 ONTARIO ST.,CLEVELAND, OHIO 44113.

June 18, 2003 and June 25, 2003

THURSDAY, JULY 3, 2003

Larchwood Avenue Sewer Relining& Replacement, for the Division ofWater Pollution Control, Depart-ment of Public Utilities, as autho-rized by Ordinance No. 1086-02,passed by the Council of the Cityof Cleveland, July 17, 2002.

THERE WILL BE A REFUNDABLEFEE OF FIFTY DOLLARS($50.00) IN THE FORM OF ACASHIER’S CHECK AND/ORMONEY ORDER.

THERE WILL BE A PRE-BIDMEETING THURSDAY, JUNE 26,2003, AT 11:00 A.M., DIVISION OFWATER POLLUTION CONTROL,12302 KIRBY AVENUE, CLEVE-LAND, OHIO 44108.

Labor & Materials Necessary toMaintain, Repair and Test theLife Safety System Maintenance,for the Division of Cleveland Con-vention Center, Department ofParks, Recreation & Properties, asauthorized by Ordinance No. 604-03, passed by the Council of theCity of Cleveland, May 12, 2003,amending Ordinance No. 237-03,passed by the Council of the Cityof Cleveland, March 3, 2003.

THERE WILL BE A MANDATORYPRE-BID MEETING, FRIDAY,JUNE 27, 2003 AT 10:00 A.M.,CLEVELAND CONVENTION CEN-TER, 500 LAKESIDE AVENUE,CLEVELAND, OHIO 44114.

June 18, 2003 and June 25, 2003


Blanket Employee Dishonesty Cov-erage, for Various Divisions,Department of Finance, as autho-rized by Section 171.13, of the Cod-ified Ordinances of Cleveland,Ohio, 1976.

THERE WILL BE A MANDATORYPRE-BID MEETING, MONDAY,JUNE 30, 2003 AT 3:00 P.M., CITYHALL, ROOM 104, 601 LAKESIDEAVE., CLEVELAND, OHIO 44114.

LED Traffic &Pedestrian SignalUnits, for the Division of TrafficEngineering, Department of Pub-lic Service, as authorized by Ordi-nance No. 2207-2000, 1109-02, 1110-02, 371-03, passed by the Councilof the City of Cleveland, January29, 2001, June 17, 2002, June 17,2002 andMarch 24, 2003.

THERE WILL BE A PRE-BIDMEETING, FRIDAY, JUNE 27,2003 AT 2:00 P.M., CITY HALL,ROOM 518, 601 LAKESIDE AVE.,CLEVELAND, OHIO 44114.

June 18, 2003 and June 25, 2003

THURSDAY, JULY 10, 2003

Deployment Software, for the Divi-sion of Police, Department of Pub-lic Safety, as authorized by Ordi-nance No. 2167-01, passed by theCouncil of the City of Cleveland,April 8, 2002.

THERE WILL BE A PRE-BIDMEETING, MONDAY JUNE 30,2003 AT 11:00 A.M., 3rd DISTRICTPOLICE STATION, COMMUNITYROOM, 1st FLOOR, 2101 PAYNEAVE., CLEVELAND, OHIO 44114.

Mobile Data Computers, for the Divi-sion of Police, Department of Pub-lic Safety, as authorized by Ordi-nance No. 2167-01, passed by theCouncil of the City of Cleveland,April 8, 2002.

THERE WILL BE A PRE-BIDMEETING, MONDAY, JUNE 30,2003 AT 10:00 A.M., 3rd DISTRICTPOLICE STATION, COMMUNITYROOM, 1st FLOOR, 2101 PAYNEAVE., CLEVELAND, OHIO 44114.

June 18, 2003 and June 25, 2003

ADOPTED RESOLUTIONSAND ORDINANCES

Res. No. 2477-02.By Council Members Conwell,

Coats, Scott, Jones, O’Malley, Cin-tron, Britt, Brady, Polensek andZone.

An emergency resolution encour-aging the Campbell Administrationto review and study the feasibilityof implementing a red stop lightsafety camera system in the City ofCleveland.

Whereas, several communities inthe country utilize a red stop lightsafety camera system that monitorstraffic patterns to target and iden-tify motorists who fail to stop at redtraffic lights; and

Whereas, this video camera tech-nology can decrease the number ofincidents where a motorist drivesthrough a red stop light and there-by enhance public safety;

Whereas, a red stop light safetycamera system may also assist lawenforcement officials in identifyingindividuals who distribute illegaldrugs and narcotics;

Whereas, a red stop light safetycamera system can greatly improvethe quality of life of residents in theCity of Cleveland; and

Whereas, this Council supportsand encourages the use of strategiccost-effective initiatives thatimprove the quality of life of Cleve-land residents; and

Whereas, this Council encouragesthe Campbell Administration toreview and study the feasibility ofimplementing a red stop light safe-ty camera system; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health, or safety,now, therefore,

Be it resolved by the Council ofthe City of Cleveland:

Section 1. That this Council here-by encourages the Campbell Admin-istration to review and study thefeasibility of implementing a redstop light safety camera system inthe City of Cleveland.

Section 2. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Adopted June 10, 2003.Effective June 12, 2003.

Res. No. 607-03.By Council Member White (by

request).An emergency resolution declar-

ing the intention to vacate a portionof Crossing Court S.E.

Whereas, this Council; is satisfiedthat there is good cause to vacate aportion of Crossing Court S.E., ashereinafter described; and

Whereas, this resolution consti-tutes an emergency measure in thatthe same provides for the usualdaily operation of a municipaldepartment; now, therefore,


Section 1. That it hereby declaresits intention to vacate a portion ofthe following described real proper-ty:

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and described as follows:

CROSSING COURT S.E. (15.00 feetwide) extending Northerly andNorthwesterly from the Northerlyline of Harvard Avenue S.E. (60.00feet wide) to that portion of Cross-ing Court S.E. as vacated by theCouncil of the City of Cleveland byOrdinance No. 908-67, passed June 12,1967.

Section 2. That this resolution ishereby declared to be an emergencymeasure and provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Res. No. 1125-03.By Council Member Britt. An emergency resolution object-

ing to a New C1 and C2 Liquor Per-mit to 8927 Cedar Avenue.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewC1 and C2 Liquor Permit at LarryC. Gaines, DBA Larry GainesFlorist, 8927 Cedar Avenue, Cleve-land, Ohio 44106, Permanent Number2999771; and

Whereas, the granting of thisapplication for a liquor permit tothis high crime area, which isalready saturated with other liquoroutlets, is contrary to the best inter-ests of the entire community; and

Whereas, the applicant does notqualify to be a permit holder and/orhas demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and

Whereas, the place for which thepermit is sought has not conformedto the building, safety or healthrequirements of the governing bodyof this County or City; and

Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcementofficers or agents of the Departmentof Liquor Control are prevented rea-sonable access to the establishment;and

Whereas, the place for which thepermit is sought is so located withrespect to the neighborhood that itsubstantially interferes with publicdecency, sobriety, peace or goodorder; and


1447

Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292; and

Whereas, this resolution consti-

tutes an emergency measure provid-ing for the immediate preservationof the public peace, prosperity, safe-ty and welfare pursuant to Section4303.26 of the Ohio Revised Code.Council’s objection to said permitmust be received by the Director ofLiquor Control within 30 days ofnotification; now, therefore,


Section 1. That Council does here-by record its objection to a New C1and C2 Liquor Permit at Larry C.Gaines, DBA Larry Gaines Florist,8927 Cedar Avenue, Cleveland, Ohio44106, Permanent Number 2999771;and requests the Director of LiquorControl to set a hearing for saidapplication in accordance with pro-visions of Section 4303.26 of theRevised Code of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed to

transmit two certified copies of thisresolution, together with two copies

of a letter of objection and twocopies of a letter requesting that the

hearing be held in Cleveland, Cuya-hoga County.

Section 3. That this resolution ishereby declared to be an emergency

measure and, provided it receivesthe affirmative vote of two-thirds of

all the members elected to Council,it shall take effect and be in force

immediately upon its adoption andapproval by the Mayor; otherwise it

shall take effect and be in forcefrom and after the earliest period

allowed by law.Adopted June 10, 2003.Effective June 12, 2003.

Res. No. 1126-03.By Council Member Britt. An emergency resolution object-

ing to the transfer of ownership ofa C2, C2X and D6 Liquor Permit to7905 Cedar Avenue.

Whereas, Council has been noti-

fied by the Department of LiquorControl of an application for the

transfer of ownership of a C2, C2Xand D6 Liquor Permit from H K H

Grocery, Inc., 7905 Cedar Avenue,Cleveland, Ohio 44103, Permanent

Number 3466225 to AKA Grocery,Inc., 7905 Cedar Avenue, Cleveland,

Ohio 44103, Permanent Number00843670005; and

Whereas, the granting of thisapplication for a liquor permit to

this high crime area, which isalready saturated with other liquor

outlets, is contrary to the best inter-ests of the entire community; and

Whereas, the applicant does notqualify to be a permit holder and/or

has demonstrated that he has oper-ated his liquor business in disregard

of the laws, regulations or localordinances of this state or any other

state; andWhereas, the place for which the

permit is sought has not conformedto the building, safety or health

requirements of the governing bodyof this County or City; and

Whereas, the place for which the

permit is sought is so arranged orconstructed that law enforcement

officers or agents of the Departmentof Liquor Control are prevented rea-

sonable access to the establishment;and



Whereas, this resolution consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, prosperity, safe-ty and welfare pursuant to Section4303.26 of the Ohio Revised Code.Council’s objection to said permitmust be received by the Director ofLiquor Control within 30 days ofnotification; now, therefore,


Section 1. That Council does here-by record its objection to the trans-

fer of ownership of a C2, C2X andD6 Liquor Permit from H K H Gro-cery, Inc., 7905 Cedar Avenue, Cleve-land, Ohio 44103, Permanent Number3466225 to AKA Grocery, Inc., 7905Cedar Avenue, Cleveland, Ohio 44103,Permanent Number 00843670005; andrequests the Director of Liquor Con-trol to set a hearing for said appli-

cation in accordance with provisionsof Section 4303.26 of the RevisedCode of Ohio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that the

hearing be held in Cleveland, Cuya-hoga County.

Section 3. That this resolution ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption and

approval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Res. No. 1127-03. By Council Member Cintron.An emergency resolution object-

ing to a New C1 Liquor Permit to3271 West 46th Street

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a New

C1 Liquor Permit at Saed Sadik,DBA Quick Stop, 3271 West 46thStreet, Cleveland, Ohio 44102, Per-manent Number 76697500005; and

Whereas, the granting of thisapplication for a liquor permit tothis high crime area, which isalready saturated with other liquoroutlets, is contrary to the best inter-

ests of the entire community; andWhereas, the applicant does not

qualify to be a permit holder and/or

has demonstrated that he has oper-ated his liquor business in disregardof the laws, regulations or localordinances of this state or any otherstate; and


Whereas, the place for which thepermit is sought is so arranged orconstructed that law enforcement offi-cers or agents of the Department ofLiquor Control are prevented reason-able access to the establishment; and





Section 1. That Council does here-by record its objection to a New C1Liquor Permit at Saed Sadik, DBAQuick Stop, 3271 West 4e Street,Cleveland, Ohio 44102, PermanentNumber 76697500005; and requeststhe Director of Liquor Control to seta hearing for said application inaccordance with provisions of Sec-tion 4303.26 of the Revised Code ofOhio.

Section 2. That the Clerk of Coun-cil be and she is hereby directed totransmit two certified copies of thisresolution, together with two copiesof a letter of objection and twocopies of a letter requesting that thehearing be held in Cleveland, Cuya-hoga County.



Res. No. 1128-03.By Council Member Cintron. An emergency resolution acknowl-

edging “Matricula Consular” as per-sonal identification for Mexicannationals living in Cleveland, andurging Mayor Campbell’s adminis-tration and local financial institu-tions to do the same.

Whereas, the government of Mex-ico issues to its nationals livingabroad a form of Consular identifi-cation known as “Matricula Con-sular”; and

Whereas, the Matricula Consularis a personal identification which isvalid for five years; and


1448

Whereas, the Mexican Consulateissues the Matricula Consular as aform of personal identification inabout 46 cities across the country toMexican nationals residing in theUnited States for a least six monthswho submit a birth certificate, prop-er photo identification and finger-prints; and

Whereas, the acceptance of Con-sular I.D. cards as legal identifica-tion in Cleveland will provide Mexi-can nationals living in our city theassurance that they need not payexorbitant fees for sending moneyhome to their relatives, or fear to callthe police and report a crime; and

Whereas, financial institutionsacross the Midwest have agreed toaccept the Matricula Consular as aform of identification; and

Whereas, because of the largeHispanic population in and aroundCleveland, the City Council deems itin the public interest to permit theMatricula Consular to be used as aform of identification in dealingsbetween the public and City gov-ernment and between the public andlocal financial institutions; and

Whereas, this first formal under-

standing between the City and thegovernment of Mexico is only thebeginning of ongoing dialogue formutual economic interests; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health or safety,now, therefore,


Section 1. That this Council here-by acknowledges the “Matricula

Consular” as personal identificationfor Mexican nationals living inCleveland and urges Mayor Camp-bell’s administration and local finan-

cial institutions to do the same.Section 2. That the Clerk is hereby

directed to transmit certified copiesof this resolution to the Consulate of

Mexico located in Cleveland.Section 3. That this resolution is

hereby declared to be an emergencymeasure and, provided it receives

the affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its adoption andapproval by the Mayor; otherwise it

shall take effect and be in forcefrom and after the earliest periodallowed by law.


Res. No. 1129-03.By Council Member Coats. An emergency resolution urging

the Department of Public Safety,Division of Fire, to establish an“Explorers Program”.

Whereas, an “Explorer Program”operated by the Division of Firewould provide an opportunity for

safety personnel employed by theDivision of Fire to teach high schooland junior high students about fireprevention, fire safety, and careeropportunities; and

Whereas, this opportunity wouldbe beneficial to the students and tothe Cleveland community; and

Whereas, this resolution consti-tutes an emergency measure for theimmediate preservation of publicpeace, property, health, or safety,now, therefore,


Section 1. That this Council here-by urges the Department of PublicSafety, Division of Fire, to establishan “Explorers Program”.



Res. No. 1130-03.By Council Member Johnson.An emergency resolution object-

ing to the transfer of ownership ofa C2 and C2X Liquor Permit to 2892East 116th Street.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for thetransfer of ownership of a C2 andC2X Liquor Permit from WallysFood Corp., DBA East 116th Street,2892 East 116th Street, Cleveland,Ohio 44120, Permanent Number9374775 to S & H Grocery, Inc., DBAFoodtown Supermarket, 2892 East116th Street, Cleveland, Ohio 44120,Permanent Number 7645440; and






Whereas, this objection is basedon other legal grounds as set forthin Revised Code Section 4303.292;and

Whereas, this resolution consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, prosperity, safe-ty and welfare pursuant to Section4303.26 of the Ohio Revised Code.Council’s objection to said permit

must be received by the Director ofLiquor Control within 30 days ofnotification; now, therefore,


Section 1. That Council does here-by record its objection to the trans-fer of ownership of a C2 and C2XLiquor Permit from Wallys FoodCorp., DBA East 116th Street, 2892East 116th Street, Cleveland, Ohio44120, Permanent Number 9374775 toS & H Grocery, Inc., DBA FoodtownSupermarket, 2892 East 116th Street,Cleveland, Ohio 44120, PermanentNumber 7645440; and requests theDirector of Liquor Control to set ahearing for said application inaccordance with provisions of Sec-tion 4303.26 of the Revised Code ofOhio.




Res. No. 1131-03.By Council Member Jones. An emergency resolution object-

ing to a New D3A Liquor Permit at4209 East 131st Street, 1st Floor andBasement and Patio.

Whereas, Council has been notifiedby the Department of Liquor Controlof an application for a New D3ALiquor Permit at Winston Howse,Inc., DBA Winstons Place, 1st Floorand Basement and Patio, 4209 East131st Street, Cleveland, Ohio 44105,Permanent Number 9700692; and

Whereas, the granting of this ap-plication for a liquor permit to thishigh crime area, which is alreadysaturated with other liquor outlets,is contrary to the best interests ofthe entire community; and






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Section 1. That Council does here-by record its objection to a New D3ALiquor Permit at Winston Howse,Inc., DBA Winstons Place, 1st Floorand Basement and Patio, 4209 East131st Street, Cleveland, Ohio 44105,Permanent Number 9700692; andrequests the Director of Liquor Con-trol to set a hearing for said appli-cation in accordance with provisionsof Section 4303.26 of the RevisedCode of Ohio.




Res. No. 1132-03.By Council Member Lewis.An emergency resolution object-

ing to a New C1 and C2 Liquor Per-mit to 8802 Superior Avenue.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewC1 and C2 Liquor Permit at 8802Suoperior Hawk, Inc., DBA SuperiorFood Market, 8802 Superior Avenue,Cleveland, Ohio 44106, PermanentNumber 24553990005; and









Section 1. That Council does here-by record its objection to a New C1and C2 Liquor Permit at 8802 Suope-rior Hawk, Inc., DBA Superior FoodMarket, 8802 Superior Avenue, Cleve-land, Ohio 44106, Permanent Number24553990005; and requests the Direc-tor of Liquor Control to set a hear-ing for said application in accor-dance with provisions of Section4303.26 of the Revised Code of Ohio.




Res. No. 1133-03.By Council Member Rybka.An emergency resolution object-

ing to a New C2 Liquor Permit to7020 Harvard Avenue.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for a NewC2 Liquor Permit at Eden Oil, Inc.,DBA Harvard Gas USA, 7020 Har-vard Avenue, Cleveland, Ohio 44105,Permanent Number 2434505; and









Section 1. That Council does here-by record its objection to a New C2Liquor Permit at Eden Oil, Inc.,DBA Harvard Gas USA, 7020 Har-vard Avenue, Cleveland, Ohio 44105,Permanent Number 2434505; andrequests the Director of Liquor Con-trol to set a hearing for said appli-cation in accordance with provisionsof Section 4303.26 of the RevisedCode of Ohio.




Res. No. 1134-03.By Council Member Westbrook.An emergency resolution object-

ing to the transfer of ownership ofa C1 Liquor Permit to 8806 AlmiraAvenue, 1st Floor only.

Whereas, Council has been noti-fied by the Department of LiquorControl of an application for thetransfer of ownership of a C1 LiquorPermit from Liberty Deli Mart, Inc.,DBA Liberty Deli Mart, 8806 AlmiraAvenue, 1st Floor only, Cleveland,Ohio 44102, Permanent Number5185227 to Cosme Delgado, DBAJenny Daily Mart, 8806 Almira Ave-nue, 1st Floor only, Cleveland, Ohio44102, Permanent Number 1758573;and



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Whereas, this resolution consti-tutes an emergency measure pro-viding for the immediate preserva-tion of the public peace, prosperi-ty, safety and welfare pursuant toSection 4303.26 of the Ohio RevisedCode. Council’s objection to saidpermit must be received by theDirector of Liquor Control within30 days of notification; now, there-f o r e ,


Section 1. That Council does here-by record its objection to the trans-fer of ownership of a C1 Liquor Per-mit from Liberty Deli Mart, Inc.,DBA Liberty Deli Mart, 8806 AlmiraAvenue, 1st Floor only, Cleveland,Ohio 44102, Permanent Number5185227 to Cosme Delgado, DBAJenny Daily Mart, 8806 Almira Ave-nue, 1st Floor only, Cleveland, Ohio44102, Permanent Number 1758573;and requests the Director of LiquorControl to set a hearing for saidapplication in accordance with pro-visions of Section 4303.26 of theRevised Code of Ohio.




Ord. No. 1545-02.By Council Member Scott.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 10727 and 10803 St.Clair Avenue to Farreed Jabr akaFred Jabr.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductivelands situated within the City ofCleveland; and

Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council ofthe City of Cleveland:

Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 108-14-004and 108-14-005, as more fullydescribed below, to Farreed Jabraka Fred Jabr.

Section 2. That the real propertyto be sold pursuant to Section 1 ofthis ordinance is more fullydescribed as follows:

P. P. No. 108-14-004Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 11, except the Westerly 1foot thereof measured along theNortherly line of St. Clair N.E., inBlanche B. Sterling’s Subdivision ofpart of Original One Hundred AcreLot No. 362, as shown by the record-ed plat in Volume 43 of Maps, Page21 of Cuyahoga County Records andbeing a parcel of land 49.85 feetfront on the Northerly side of St.Clair Avenue N.E., and extendingback between parallel lines a dis-tance of about 101.30 feet deep onthe Westerly line, 99.28 feet deep onthe Easterly line and about 49.52feet in the rear, as appears by saidplat, be the same more or less, butsubject to all legal highways.

Also subject to all zoning ordi-nances, if any.


County of Cuyahoga and State ofOhio, and known as being Sublot No.10 in Blanche B. Sterling’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 362, as shown bythe recorded plat in Volume 43 ofMaps, Page 21 of Cuyahoga CountyRecords, and being 50 feet and85/100 on the Northerly side of St.Clair Avenue, and extending back99.28 feet on the Westerly line, 97.21feet on the Easterly line, and hav-ing a rear line of 50.52 feet, asappears by said plat.


Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.

Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.

Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall containsuch provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.

Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed June 10, 2003.Effective June 12, 2003.

Ord. No. 1982-02.By Council Members Gordon and

Jackson (by departmental request).An emergency ordinance provid-

ing for the issuance and sale of Rev-enue Bonds in a principal amountnot to exceed $27,400,000 to providefunds for the Core City Program forEconomic and Community Develop-ment in the city and authorizingrelated matters.

Whereas, the City is authorized byvirtue of the laws of the State ofOhio, including, without limitation,Section 13 of Article VIII of the OhioConstitution and Chapter 165 of theRevised Code, among other things,to issue bonds to acquire, construct,equip, or improve one or more pro-jects (as defined in Section 165.01 ofthe Revised Code) for the purposeof creating or preserving jobs andemployment opportunities and im-proving the economic welfare of thepeople of the City and of the Stateof Ohio, including providing moneyto make loans to others for suchpurposes; and

Whereas, the City further isauthorized by virtue of the laws ofthe State of Ohio, including withoutlimitation, Section 16 of Article VIIIof the Ohio Constitution, laws of theState of Ohio and ordinances of theCity, among other things, to issuebonds to provide housing for indi-viduals and families by grants,loans, subsidies to loans and other-wise; and

Whereas, to create and preservejobs and employment opportunitiesand to improve housing for individ-uals and families, the City hasdetermined to issue its Taxable Eco-nomic and Community DevelopmentRevenue Bonds (Core City Fund), toprovide for industrial, commercial,distribution and research facilitiesand residential housing, includingproviding money to make loans toothers for such purposes; and

Whereas, it is necessary to issuethose Bonds and to do so as soon aspossible to address financing needsof pending economic and communi-ty development projects and, as aresult, this Ordinance constitutes an


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emergency measure providing forthe immediate preservation of thepublic property, health, and safetyand for the usual and daily opera-tion of a municipal department; now,therefore,


Section 1. Definitions. In additionto the words and terms elsewheredefined in this Ordinance includingits preambles, unless the context oruse clearly indicates another or dif-ferent meaning or intent:

“Bond Fund” means the Core CityProgram Bond Retirement Fundestablished pursuant to Section 7.

“Bond Reserve Fund” means theCore City Program Bond ReserveFund established pursuant to Sec-tion 7.

“Bonds” means the Bonds autho-rized by this Ordinance.

“Book entry form” or “Book entrysystem” means a form or systemunder which (a) the ownership ofbook entry interests in the Bondsand the principal of and interest onthe Bonds may be transferred onlythrough a book entry, and (b) phys-ical Bond certificates in fully regis-tered form are issued only to aDepository or its nominee as regis-tered owner, with the physical Bondcertificates “immobilized” in the cus-tody of the Depository or its agent.The book entry system is main-tained by and is the responsibilityof the Depository and not the Cityor the Bond Registrar. The bookentry is the record that identifies,and records the transfer of the inter-ests of, the owners of beneficial(book entry) interests in the Bonds.

“Certificate of Award” means thecertificate authorized by Section 6,to be executed by the Director ofFinance, setting forth and deter-mining those terms or other matterspertaining to the Bonds and theiramount, issuance, sale and deliveryas this Ordinance requires or autho-rizes to be set forth or determinedin it.

“Continuing Disclosure Certifi-cate” means the certificate autho-rized by Section 11, which, togetherwith the agreements of the City setforth in that Section, shall constitutethe continuing disclosure agreementmade by the City for the benefit ofholders and beneficial owners of theBonds in accordance with the Rule.

“Corporation” means the communi-ty improvement corporation orga-nized under Revised Code Chapter1724 and designated by this Councilas the “agency” of the City withinthe meaning of Revised Code Chap-ter 165.

“Credit Support Instrument” meansa letter of credit, an insurance pol-icy, standby bond purchase agree-ment, or other credit enhancementor liquidity device provided toenhance the security or liquidity ofthe Bonds.

“Depository” means any securitiesdepository that is a clearing agencyunder federal law operating andmaintaining, with its participants orotherwise, a book entry system torecord ownership of book entryinterests in Bonds or the principalof and interest on the Bonds, and toeffect transfers of Bonds, in bookentry form, and includes and meansinitially The Depository Trust Com-pany (a limited purpose trust com-pany), New York, New York.

“Economic Development Plan”means the plan of industrial, com-mercial, distribution and research

development prepared by the Cor-poration and approved by thisC o u n c i l .

“Financial Advisor” means Gov-ernment Capital Management, L.L.C.or Columbia Equity Financial Corp.,acting jointly or singly.

“Housing Advisory Board” meansthe housing advisory board estab-lished or designated by the Cityunder Revised Code Section 176.01.

“Housing Plan” means the City’splan for the development and main-tenance of affordable housing with-in the City, reviewed by the Hous-ing Advisory Board and approved bythis Council.

“Net Project Revenues” meansRevenues, if any, remaining andavailable to pay debt charges on theBonds after the application by theCity of the Revenues to makegrants or loans for additional eco-nomic development projects in theCity.

“Nontax Revenues” means all mon-eys of the City which are not mon-eys raised by taxation, to the extentavailable for the purpose of payingdebt charges on the Bonds, includ-ing, but not limited to the following:(a) grants from the United States ofAmerica and the State; (b) pay-ments in lieu of taxes now or here-after authorized by State statute;(c) fines and forfeitures which aredeposited in the City’s GeneralFund; (d) fees deposited in theCity’s General Fund for services pro-vided and from properly imposedlicenses and permits; (e) investmentearnings on the City’s GeneralFund; (f) investment earnings onother funds of the City that arecredited to the City’s General Fund;(g) proceeds from the sale of assetswhich are deposited in the City’sGeneral Fund; (h) gifts and dona-tions; and (i) all rental paymentswhich are deposited in the City’sGeneral Fund.

“Original Purchaser” means theoriginal purchasers of the Bonds:J.P. Morgan Securities Inc., McDon-ald Investments Inc. and SBK-Brooks Investment Corp.

“Proceedings” means, collectively,this Ordinance, the Certificate ofAward, the Trust Agreement, theContinuing Disclosure Certificateand such other proceedings of theCity, including the Bonds, that pro-vide collectively for, among otherthings, the rights of holders andbeneficial owners of the Bonds.

“Project” collectively refers to theCore City Fund Program and indi-vidually refers to each Project re-ceiving funding from the proceedsof the Bonds.

“Project Fund” means the ProjectFund established pursuant to Sec-tion 10, including the Economic De-velopment Account, the HousingAccount, and the Undesignated Ac-count.

“Revenues” means the rentals, rev-enues, payments, repayments, in-come, charges, and moneys derivedor to be derived from the use, lease,sublease, rental, sale, includinginstallment sale or conditional sale,or other disposition of individualProjects, or derived or to be derivedfrom a loan made for a Project.

“Rule” means SEC Rule 15c2-12.“State” means the State of Ohio.“Trustee” means the bank or trust

company designated in the Certifi-cate of Award to serve as trustee,paying agent and registrar for theBonds under the Trust Agreement.

“Trust Agreement” means theagreement authorized in Section 9 to

provide for the registration, trans-fer, exchange of the Bonds and thesecurity for the payment of theBonds.

Unless otherwise indicated, anyreference to a Section is a referenceto a Section of this Ordinance.

Section 2. Authorized PrincipalAmount and Purpose. This Councildetermines that the Core City FundProgram (i) is a “project” as definedin Revised Code Chapter 165 and isconsistent with the purposes of Sec-tion 13, Article VIII of the Ohio Con-stitution to benefit the people of theCity and of the State by creatingand preserving jobs and employ-ment opportunities and improvingthe economic welfare of the peopleof the City and of the State, or (ii)is consistent with the purposes ofSection 16, Article VIII of the OhioConstitution to assist in providinghousing for individuals and fami-lies. It is necessary and proper andin the best interest of the City to,and the City shall, issue the Bondsin an aggregate principal amountnot to exceed $27,400,000 for the pur-pose of providing the funds neces-sary for the Project. The finalaggregate principal amount of theBonds will be determined in the Cer-tificate of Award as provided in Sec-tion 6 hereof.

Section 3. Terms of Bonds. TheBonds shall be dated the date ofissuance or such other date as isdesignated in the Certificate ofAward. The Bonds shall mature onthe dates and in the respective prin-cipal amounts to be determined bythe Director of Finance in the Cer-tificate of Award in accordance withhis determination of the best inter-est of, and financial advantages to,the City; provided that the finalmaturity date shall be not later than30 years from the date of issuanceof the Bonds. The Bonds shall bearinterest from their date at the rateor rates per year set forth in theCertificate of Award, or if anyBonds bear interest at a variablerate, at the rate determined pur-suant to the method set forth in theCertificate of Award. Interest on theBonds shall be payable on the datesdetermined by the Director ofFinance in the Certificate of Award,and the Bonds shall bear interest atthose rates until the principalamount of the Bonds is paid or pay-ment is provided for. If any Bondsbear interest at a fixed rate, thatrate shall not exceed eight percent(8%) per year (computed on thebasis of a 360-day year consisting oftwelve 30-day months) and interestshall be payable not more oftenthan every six months and at matu-rity or at any earlier redemptiondate. If any Bonds bear interest ata variable rate or rates, those ratesshall not exceed that set forthbelow, and interest shall be payablenot more often than once a monthand following purchase and at matu-rity or at any earlier redemptiondate.

The Bonds may be issued in oneor more separate series, each bear-ing a distinctive designation, pro-vided that the Bonds of each seriessatisfy the requirements of thisOrdinance. Separate series of Bondsmay be issued at the same or dif-ferent times. The Bonds of eachseries shall be designated as pro-vided in the applicable Certificate ofAward. A separate Certificate ofAward may be delivered for each


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Series.In the event that the Directorof Finance, based on the writtenadvice of a Financial Advisor, deter-mines that the City’s best interestswill be served by causing all or aportion of the Bonds to be obliga-tions bearing interest at variablerates, redeemable by the City with-out penalty or premium on interestadjustment dates, then the Directorof Finance is authorized to so spec-ify in the Certificate of Award. Ifthe Director of Finance so deter-mines, then the Director of Financeshall specify in the Certificate ofAward the method and procedure bywhich the variable rate of interestto be borne by the variable rateBonds shall be determined, whetherby reference to a market index, bya remarketing agent or otherwise;provided that the variable rateBonds shall not bear interest at arate in excess of sixteen percent(16%) per year. Notwithstandingthat limitation, Bonds held by aprovider of a Credit Support Instru-ment may bear interest at a rate notin excess of twenty-five percent(25%) per year as provided in theagreement with the provider of theCredit Support Instrument. Holdersof variable rate Bonds may be giventhe right to tender their variablerate Bonds for purchase by the Cityat the times, on the terms, and sub-ject to the conditions set forth in theCertificate of Award and any tenderagreement; provided that tenderrights shall be exercisable only atsuch times as a Credit SupportInstrument is in place that providesfor the payment of the purchaseprice payable to the tendering hold-er of a variable rate Bond. If theDirector of Finance designates anyBonds as variable rate Bonds, andif the holders of the variable rateBonds are to be entitled to tenderthe variable rate Bonds for pur-chase, then the Director of Financeshall also designate in the Certifi-cate of Award for those variablerate Bonds the provider or providersfor any Credit Support Instrument,the tender agent or agents and theremarketing agent or agents, whichdesignations shall be based on thedetermination of the Director ofFinance, based on the writtenadvice of a Financial Advisor, thatthe parties so designated possessthe requisite resources and experi-ence to provide the services requiredof them and that the terms on whichthe designated parties have agreedto provide such services are fair andcommercially reasonable. The Direc-tor of Finance is authorized to enterinto agreements in connection withthe delivery of the variable rateBonds, and from time to time there-after so long as the variable rateBonds are outstanding, withproviders of Credit Support Instru-ments, tender agents (which may bethe Trustee), remarketing agents,and others as may be determined bythe Director of Finance, based onthe written advice of a FinancialAdvisor, to be necessary or appro-priate to provide for the method ofdetermining the variable interestrates, permitting holders the rightof tender, providing for liquidity orcredit support for the payment ofthe variable rate Bonds upon tenderfor purchase or redemption, and pro-viding for the repayment by theCity of any amounts drawn underthe Credit Support Instrument.

The Director of Finance, in con-nection with the original issuance ofthe Bonds, and regardless of theBonds bearing interest at variable

or fixed rates, is authorized to con-tract for one or more Credit SupportInstruments, and to pay their costsfrom proceeds of the Bonds, if hedetermines that the Credit SupportInstrument or Instruments willresult in a savings in the cost ofthis financing to the City, based onthe written advice of a FinancialAdvisor.

The Director of Finance, based onthe written advice of a FinancialAdvisor, shall further determine andspecify in the Certificate of Awardwhether any of the Bonds are sub-ject to optional redemption prior tomaturity, the earliest date on whichredeemable Bonds shall be subjectto prior redemption, which shall notbe later than ten years from thefirst interest payment date, and theapplicable redemption premium forthe redeemable Bonds, which shallbe not greater than 103% of theprincipal amount redeemed.

Section 4. Registration, Transferand Exchange. The Bonds shall beissued only as fully registeredBonds. The Trustee shall act as theauthenticating agent, registrar,transfer agent, and paying agent forthe Bonds, except as otherwise pro-vided in the Trust Agreement.

Principal of the Bonds shall bepayable when due upon presentationand surrender of the Bonds at theoffice of the Trustee designated inthe Trust Agreement. Interest oneach Bond shall be paid on eachinterest payment date by check ordraft mailed to the person in whosename the Bond was registered, andto that person’s address appearingon the Register (defined below inthis Section) at the close of businesson the record date provided in theTrust Agreement. The Trustee shallmaintain and keep all books andrecords necessary for the registra-tion, exchange, and transfer ofBonds as provided in the TrustAgreement (the “Register”) so longas any of the Bonds remain out-standing. Subject to the provisionsin the Trust Agreement, the personin whose name a Bond is registeredon the Register shall be regarded asthe absolute owner of that Bond forall purposes of the Proceedings.Payment of or on account of thedebt charges on any Bond shall bemade only to or upon the order ofthat person; neither the City nor theTrustee shall be affected by anynotice to the contrary, but the reg-istration may be changed as pro-vided in the Trust Agreement. Allsuch payments shall be valid andeffectual to satisfy and dischargethe City’s liability upon the Bond,including interest, to the extent ofthe amount or amounts so paid.

Notwithstanding the foregoing, ifand so long as the Bonds are issuedin a book entry system, principal ofand interest on the Bonds shall bepayable in the manner provided inany agreement entered into by theDirector of Finance, in the nameand on behalf of the City, in con-nection with the book entry system.

Bonds may be exchanged forBonds of any authorized denomina-tion upon presentation and surren-der at the office designated by theTrustee, together with a request forexchange signed by the registeredowner or by a person legallyempowered to do so in a form sat-isfactory to the Trustee.

The Bonds may be issued to aDepository for use in a book entrysystem and, if and as long as a book

entry system is utilized, (i) theBonds may be issued in the form ofa single, fully registered Bond rep-resenting each maturity and regis-tered in the name of the Depositoryor its nominee, as registered owner,and immobilized in the custody ofthe Depository; (ii) the book entryinterest owners of Bonds in bookentry form shall have no right toreceive Bonds in the form of physi-cal securities or certificates; (iii)ownership of book entry interests inbook entry form shall be shown bybook entry on the system main-tained and operated by the Deposi-tory and its Participants, and trans-fers of the ownership of book entryinterests shall be made only by bookentry by the Depository and its Par-ticipants; and (iv) the Bonds assuch shall not be transferable orexchangeable, except for transfer toanother Depository or to anothernominee of a Depository, withoutfurther action by the City.

If any Depository determines notto continue to act as a Depositoryfor the Bonds for use in a bookentry system, the Director ofFinance may attempt to establish asecurities depository/book entryrelationship with another qualifiedDepository. If the Director ofFinance does not or is unable to doso, the Director of Finance, aftermaking provision for notification ofthe book entry interest owners bythe then Depository and any otherarrangements deemed necessary,shall permit withdrawal of theBonds from the Depository, andauthenticate and deliver certificatesin registered form to the assigns ofthe Depository or its nominee, all atthe cost and expense (including anycosts of printing), if the event is notthe result of City action or inaction,of those persons requesting suchissuance.

The Director of Finance also ishereby authorized and directed tothe extent necessary or required toenter into any agreements deter-mined necessary in connection withthe book entry system for theBonds, after determining that thesigning thereof will not endangerthe funds or securities of the Cityand after the approval of the formof any such agreement by the Direc-tor of Law.

Section 5. Execution of Bonds.Bonds shall be signed by the Mayorand the Director of Finance, in thename of the City and in their offi-cial capacities, provided that eitheror both of those signatures may bea facsimile, and shall bear the sealof the City or a facsimile thereof;provided that no Bond shall be validor obligatory for any purpose orshall be entitled to any security orbenefit under the Proceedingsunless and until the certificate ofauthentication printed on the Bondis signed by the Trustee as authen-ticating agent, and authenticationby the Trustee shall be conclusiveevidence that the Bond so authenti-cated has been duly issued, signedand delivered under, and is entitledto the security and benefit of, theProceedings. The certificate ofauthentication may be signed byany authorized officer or employeeof the Trustee or by any other per-son acting as an agent of theTrustee and approved by the Direc-tor of Finance on behalf of the City.The same person need not sign thecertificate of authentication on allof the Bonds.


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Pursuant to Section 83 of theCity’s Charter, the Director of Lawshall prepare the Bonds and shallendorse thereon his approval of theform and correctness thereof by hismanual or facsimile signature. TheBonds shall be issued in the denom-inations as requested by the Origi-nal Purchaser and approved by theDirector of Finance, in conformitywith this Ordinance. The entire prin-cipal amount may be represented bya single bond certificate and may beissued as fully registered securitiesand in book entry or other uncer-tificated form if it is determined bythe Director of Finance thatissuance of fully registered securi-ties in that form will facilitate thesale and delivery of the Bonds. TheBonds may be issued in the autho-rized denominations of either (a)$100,000 each or in any denomina-tion that is the sum of (i) $100,000and (ii) $5,000 or any integral mul-tiple thereof, and not exchangeablefor other Bonds in denominationsless than $100,000, or (b) $5,000 orany integral multiple thereof, asdetermined by the Director ofFinance in the Certificate of Awardto be in the best interests of theCity. The Bonds shall not havecoupons attached, shall be numberedas determined by the Director ofFinance and shall express upontheir faces the purpose, in summaryterms, for which they are issued andthat they are issued pursuant to thisOrdinance.

Section 6. Sale of Bonds. TheBonds shall be sold at not less than97% of par plus accrued interest atprivate sale by the Director ofFinance to the Original Purchaserin accordance with law and the pro-visions of this Ordinance. If theDirector of Finance determines,based on the written advice of aFinancial Advisor, that an under-writer is incapable of fully per-forming its duties or meeting itsobligations in its capacity as Origi-nal Purchaser with respect to theBonds, the Director of Finance ishereby authorized and directed, inthe name of and on behalf of theCity, to take whatever action maybe necessary to terminate thatunderwriter’s standing as OriginalPurchaser. The Director of Financeshall sign the Certificate of Awardreferred to in this Ordinance, evi-dencing that sale to the OriginalPurchaser, cause the Bonds to beprepared, and have the Bondssigned and delivered, together witha true transcript of proceedingswith reference to the issuance of theBonds if requested by the OriginalPurchaser, to the Original Purchas-er upon payment of the purchaseprice. The Director of Finance isauthorized to sign and deliver, inthe name and on behalf of the City,a bond purchase agreement betweenthe City and the Original Purchas-er, or representative thereof (the“Purchase Agreement”), in a formconsistent with this Ordinance andas approved by the Director of Law.The Director of Finance shall pro-vide for the payment of the servicesrendered and for reimbursement ofexpenses incurred pursuant to thePurchase Agreement from the pro-ceeds of the Bonds to the extentavailable and then from othermoney lawfully available and appro-priated or to be appropriated for

that purpose. The Mayor, the Direc-tor of Finance, the Clerk, the Direc-tor of Law, and other City officials,as appropriate, are each authorizedand directed to sign any transcriptcertificates, financial statementsand other documents and instru-ments and to take such actions asare necessary or appropriate to con-summate the transactions contem-plated by this Ordinance.

Section 7. Security for the Bonds.The Bonds shall be special obliga-tions of the City, and the debtcharges on the Bonds shall bepayable solely from the Net ProjectRevenues and the Nontax Revenues.The payment of debt charges on theBonds is secured by the TrustAgreement and by a pledge of andlien on the Bond Fund and the BondReserve Fund held by the Trusteeunder the Trust Agreement. TheBonds are not and shall not besecured by an obligation or pledgeof any money raised by taxation.The Bonds do not and shall not rep-resent or constitute a debt or pledgeof the faith and credit or taxingpower of the City, and the ownersthereof have and shall have no rightto have taxes levied by the City forthe payment of debt charges there-on. The Bonds shall contain a state-ment to that effect and to the effectthat the Bonds are payable solelyfrom the Net Project Revenues andthe Nontax Revenues and are notsecured by an obligation or pledgeof any money raised by taxation.

The City covenants and agreesthat while the Bonds are outstand-ing, it will appropriate and maintainNontax Revenues at such times andin such amounts as will be suffi-cient, together with the Net ProjectRevenues and any other funds avail-able for the purpose, to pay the debtcharges on the Bonds and will sorestrict other obligations payablefrom Nontax Revenues prior to or ona parity with the Bonds as willensure the continuing availabilityfor appropriation of sufficient Non-tax Revenues to pay debt chargeswhen due.

There is created by the City in thecustody of the Trustee a separatefund or account designated as theCore City Program Bond RetirementFund (the “Bond Fund”) into whichshall be deposited (i) any Net Pro-ject Revenues, and (ii) other NontaxRevenues on or prior to the datedebt charges on the Bonds are due,in an amount sufficient to pay thosedebt charges. There is created bythe City in the custody of theTrustee another separate fund oraccount designated as the Core CityProgram Bond Reserve Fund (the“Bond Reserve Fund”). On the dateof delivery of the Bonds there shallbe deposited in the Bond Fund andBond Reserve Fund from the NontaxRevenues in Economic DevelopmentLand Sale Fund No. 10-504 of theCity or from proceeds of the Bondsor by Credit Support Instrument therespective amounts set forth in theCertificate of Award as being suffi-cient, in the opinion of the Directorof Finance based on the writtenadvice of a Financial Advisor, toenhance the marketability of theBonds and to enable the City to sta-bilize its budget against fluctua-tions in the receipt of Nontax Rev-enues. Money in the Bond Fund andBond Reserve Fund shall be applied

and invested as provided in theTrust Agreement. Amounts drawnon the Bond Reserve Fund shall berestored to the extent, and over theperiod of time, provided in the TrustAgreement. The City shall applyfunds for that purpose from the fol-lowing sources and in the followingpriority: first from the Net ProjectRevenues, second from the NontaxRevenues in Economic DevelopmentLand Sale Fund No. 10-504, thirdfrom other Nontax Revenues. In con-sideration of the availability of theNontax Revenues to the Core Cityprogram, there shall be transferredto Fund No. 01-001 following passageof this Ordinance amounts ondeposit as of the date of passage inEconomic Development JDA High-land Hills Shared Income Tax FundNo. 10-5-28 and in Economic Devel-opment JDA Chagrin HighlandFund No. 10-5-27.

Section 8. Payment of DebtCharges on the Bonds. Nothing here-in shall be construed as requiringthe City to use or apply to the pay-ment of debt charges on the Bondsany funds or revenues from anysource other than Net Project Rev-enues and the Nontax Revenues.Subject to the requirements ofRevised Code Section 176.04, nothingherein, however, shall be deemed toprohibit the City, of its own volition,from using, to the extent that it isauthorized by law to do so, anyother resources for the fulfillment ofany of the terms, conditions or oblig-ations of this Ordinance or of theBonds.

The City will, solely from the pro-ceeds of the Bonds or from the NetProject Revenues or the NontaxRevenues, pay or cause to be paidthe debt charges on the Bonds onthe dates, at the places and in themanner provided herein and in theBonds. For that purpose, in eachyear while the Bonds are outstand-ing, this Council, after providing forthe payment of debt chargespayable on the City’s general oblig-ation securities in that year fromsources available for that purpose,will appropriate Nontax Revenuesrequired to pay, and for the purposeof paying, the debt charges due inthat year on the Bonds (less othermoney available for the purpose)and any outstanding parity obliga-tions payable from Nontax Rev-enues. Further, this Council willgive effect to such appropriations inall ordinances it passes thereafter inthat year appropriating money forexpenditure and encumbrance andlimit the other appropriations ofNontax Revenues in that year to theamount available after deductingthe amount required for the pay-ment of debt charges payable on theCity’s general obligation securitiesand to pay those debt charges. TheCity covenants that, so long as anyof the Bonds are outstanding, itshall not issue any additional oblig-ations payable from the Nontax Rev-enues on a parity with the Bondsand any outstanding parity obliga-tions payable from Nontax Rev-enues, unless, prior to passage ofthe ordinance authorizing such par-ity obligations, the Director ofFinance shall have certified to thisCouncil that the Nontax Revenuesduring the preceding calendar year,adjusted to reflect, if necessary,changes in the rates or chargesresulting in the Nontax Revenues,


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aggregate in amount not less than100% of the highest amount of (a)debt charges on the Bonds and (b)required payments on such proposedparity obligations and any out-standing parity obligations due inany succeeding calendar year.

Each obligation of the Cityrequired to be undertaken pursuantto this Ordinance and the Bonds isbinding upon the City, and uponeach officer or employee of the Cityas may from time to time have theauthority under law to take anyaction on behalf of the City as maybe necessary to perform all or anypart of such obligation, as a duty ofthe City and of each of those offi-cers and employees resulting froman office, trust or station within themeaning of Section 2731.01 of theRevised Code, providing for enforce-ment by writ of mandamus.

Section 9. Trust Agreement. TheCity shall enter into the TrustAgreement with a bank or trustcompany designated as Trustee forthe Bonds by the Director ofFinance in the Certificate of Award,based on the written advice of aFinancial Advisor, that the entity sodesignated possesses the requisiteresources to provide the services ofTrustee under the Trust Agreementand that the terms on which it hasagreed to provide the services ofTrustee are fair and c o m m e r c i a l l yreasonable. The Mayor and the Direc-tor of Finance shall sign and deliv-er, in the name and on behalf of theCity, the Trust Agreement in a formconsistent with this Ordinance andapproved by the Director of Law.The Mayor and the Director ofFinance and other City officials, asappropriate, are authorized to takesuch actions and sign and deliversuch related instruments as are nec-essary or appropriate to consum-mate the transactions contemplatedby this Ordinance.

Section 10. Project Fund; Depositof Proceeds. The proceeds from thesale of the Bonds are appropriatedand shall be used for the purposefor which the Bonds are beingissued. There is created by the City,as a separate fund or account, in thecustody and control of the Trustee,a fund designated the “Core CityProgram Project Fund” (the “ProjectFund”). Within the Project Fund theCity shall establish as accounts orsubaccounts: the Economic Develop-ment Account, the Housing Accountand the Undesignated Account. Theproceeds from the sale of the Bondsshall be deposited initially in theUndesignated Account of the ProjectFund. Additional funds, from what-ever source, may be voluntarilydeposited in any account of the Pro-ject Fund by the City. Funds in theUndesignated Account of the ProjectFund may be transferred to the Eco-nomic Development Account to paycosts of a Project, or to make loansto others to pay costs of that Pro-ject, consistent with Revised CodeChapter 165, following certificationof the Project by the Corporation asbeing in accordance with the Eco-nomic Development Plan. Funds inthe Undesignated Account of theProject Fund may be transferred tothe Housing Account of the ProjectFund to pay costs of a Project forresidential housing, or to makegrants or loans to others or subsi-

dies to loans or otherwise to paycosts of that Project, upon certifica-tion to the Trustee by the Directorof Community Development or theDirector of Finance of the City thatthe Project is consistent with theHousing Plan and was submitted forreview to the Housing AdvisoryBoard, all pursuant to Revised Code176.04. Money in the respectiveaccounts of the Project Fund areappropriated for, and shall be usedto pay, costs of Projects consistentwith the requirements of this Ordi-nance. The City may establish addi-tional accounts or subaccounts with-in the Project Fund as necessary orconvenient to ascertain the dates,amounts and sources of deposits. Atsuch time as disbursements are tobe made from the Project Fund topay costs of a Project, the City shalldirect the Trustee to transferamounts in the applicable accountof the Project Fund to the City forsubsequent disbursement by theCity for Project purposes. Any por-tion of the proceeds of the Bonds tobe used to pay interest on the Bondsshall be deposited in a capitalizedinterest subaccount of the ProjectFund. Any premium and accruedinterest received from the sale ofthe Bonds shall be deposited in theBond Fund.

Section 11. Disclosure. If, in thejudgment of the Director of Finance,after consultation with a FinancialAdvisor and the Original Purchaser,an official statement or other dis-closure document is appropriaterelating to the initial offering of theBonds, the Director of Finance, onbehalf of the City and in that offi-cer’s official capacity, is authorizedto (i) cooperate with the OriginalPurchaser in the preparation of, andthe making of modifications, com-pletions or changes of or supple-ments to, such a disclosure docu-ment, (ii) determine, and to certifyor otherwise represent, when thedisclosure document is to be deemedfinal or is final, (iii) authorize theuse and distribution of that disclo-sure document and any supplementsthereto in connection with the ini-tial offering of the Bonds, and (iv)sign certificates, statements or otherdocuments in connection with thefinality, accuracy, and completenessof that disclosure document.

For the benefit of the holders andbeneficial owners from time to timeof the Bonds, the City agrees, as theonly obligated person with respectto the Bonds under the Rule, to pro-vide or cause to be provided suchfinancial information and operatingdata, audited financial statementsand notices, in such manner, as maybe required for purposes of para-graph (b)(5)(i) of the Rule. Inorder to describe and specify certainterms of the City’s continuing dis-closure agreement for that purpose,and thereby to implement thatagreement, including provisions forenforcement, amendment, and termi-nation, the Director of Finance isauthorized and directed to sign anddeliver, in the name and on behalfof the City, and if required underthe Rule, a Continuing DisclosureCertificate or Certificates in confor-mance with the reporting re-quirements of the Rule. The agree-ment formed, collectively, by thisparagraph and that Certificate, shallbe the City’s continuing disclosure

agreement for purposes of the Rule,and its performance shall be subjectto the annual appropriation of anyfunds that may be necessary to per-form it. The Director of Finance isfurther authorized and directed toestablish procedures in order toensure compliance by the City withits continuing disclosure agreement,including the timely provision ofinformation and notices.

Section 12. Ratings, Insurance,and Other Credit Enhancement. If,in the judgment of the Director ofFinance, based on written advice ofa Financial Advisor, the filing of anapplication for a rating on theBonds by one or more nationally rec-ognized rating agencies or one ormore Credit Support Instruments isin the best interest of, and finan-cially advantageous to, the City, theDirector of Finance is authorized toprepare and submit those applica-tions, to provide to each suchagency, company or credit providersuch information as may be requiredfor the purpose. The cost of obtain-ing each rating and each Credit Sup-port Instrument, except to theextent paid by the Original Pur-chaser in accordance with the Pur-chase Agreement, shall be paid fromthe proceeds of the Bonds.

Section 13. Interest Rate Hedgesand Other Arrangements. For thepurpose of achieving the optimalavailable debt structure for theBonds, the Director of Finance may,based on the written advice of aFinancial Advisor, enter into one ormore agreements in anticipation of,in connection with or subsequent tothe issuance of the Bonds for aninterest rate swap, an interest ratecap or other arrangements to lowerthe effective interest rate on theobligations of the City or to hedgethe exposure of the City againstfluctuations in prevailing interestrates or to optimize the City’s cashflow, provided, however, that: (i)the counterparty to any such agree-ment or arrangement shall have arating of at least “A” by eitherMoody’s Investors Service, Inc., orStandard & Poor’s Corporation; (ii)no such agreement or arrangementshall purport to entitle the counter-party or provider to payment by theCity from any source other than thesources of payment for the Bonds asdescribed in this Ordinance; (iii) theterms of the agreements or arrange-ments shall have been determinedby the Director of Finance, based onthe written advice of a FinancialAdvisor, to be justified by the cor-responding benefit to the City andto be commercially reasonable basedon then current market conditions.

Section 14. Prevailing Rates ofWages. As provided in Revised CodeSection 165.031, all wages paid tolaborers and mechanics employed ona Project funded from the Econom-ic Development Account of the Pro-ject Fund shall be paid at not lessthan the prevailing rates of wagesfor laborers and mechanics for eachclass of work called for by the Pro-ject, which wages shall be deter-mined in accordance with therequirements of Chapter 4115 of theOhio Revised Code, for determina-tion of prevailing wage rates; pro-vided that the requirements of this


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Section shall not apply where thefederal government or any of itsagencies furnished or furnishes byloan or grant all or any part of thefunds used or to be used in connec-tion with the Project and prescribedor prescribes predetermined mini-mum wages to be paid to such labor-ers and mechanics; and provided fur-ther that, if a nonpublic user bene-ficiary undertakes, as a part of theProject, construction to be per-formed by its regular bargainingunit employees who are covered bya collective bargaining agreementthat was in existence prior to thedate of adoption of this Ordinance,the rate of pay provided under theapplicable collective bargainingagreement may be paid to suchemployees. If and to the extentrequired by Revised Code Section176.05, all wages paid to laborersand mechanics employed on a Pro-ject funded from the HousingAccount of the Project Fund shallbe paid at not less than the resi-dential prevailing rate of wages forlaborers and mechanics for eachclass of work called for by the Pro-ject, which wages shall be deter-mined as provided in Section 176.05.

Section 15. Certifications of Com-munity Improvement Corporation.Prior to delivery of the Bonds, theCore City Fund program shall becertified to be in accordance withthe Plan by the Corporation as theagency of the City for industrial,commercial, distribution and re-search facilities development withinthe City. Each individual Projectshall be so certified by the Corpo-ration prior to receiving proceeds ofthe Bonds by loan or otherwise.

Section 16. Priorities of Projects.In evaluating Projects to be assist-ed by the Core City Fund Program,the City will endeavor to allocatethe proceeds of the Bonds (net ofamounts used to pay costs of anyCredit Support Instrument and costsof issuance and net of amounts usedto make deposits to the Bond Fundand Bond Reserve Fund) to the fol-lowing categories of Projects in thefollowing respective amounts: 9% forProjects in furtherance of t e c h n o l o-gy-based industries, 10% for non-housing Projects located in the Cen-tral Business District of the City,24% for non-housing Projects notlocated in the Central Business Dis-trict estimated to cost less than$1,000,000 (inclusive of all sourcesand uses of funds), 24% for non-housing Projects not located in theCentral Business District estimatedto cost $1,000,000 or more (inclusiveof all sources and uses of funds),and 33% for housing Projects. Sub-accounts of the Economic Develop-ment Account of the Project Fundshall be established for the non-housing projects to account forthese allocations of the net proceedsof the Bonds. The Director ofFinance of the City may modifythose allocations to the extent nec-essary to properly match the amountof loans to the financial require-ments of the Projects to be assisted,provided that any reduction to anyone category that results in anaggregate reduction to that catego-ry amounting to more than 2-1/2%

of the net proceeds of the Bondsshall be submitted to Council forreview and approval. The Directorsof Economic Development and Com-munity Development shall jointlyreport annually to the Communityand Economic Development Commit-tee of Council concerning the loansor other assistance given to Projectsfrom the proceeds of the Bonds, thecompletion status of the Projectsthat have received assistance, thestatus of the repayment of loans,and the amounts available for newloans or other assistance under theProgram. To the extent that theRevenues received by the City fromProjects are not applied to the pay-ment of debt service on the Bondsand are to be used to assist newProjects, the Revenues shall beapplied to assist the same categoryof Projects from which the Rev-enues were derived.

Section 17. Captions, Headings,and Section References. The cap-tions and headings in this Ordinanceare solely for convenience of refer-ence and in no way define, limit, ordescribe the scope or intent of anySections, subsections, paragraphs,subparagraphs, or clauses hereof.Reference to a Section means a sec-tion of this Ordinance unless other-wise indicated.

Section 18. Interpretation. Any pro-visions of the Codified Ordinancesof the City which are inconsistentwith the provisions of this Ordi-nance shall not apply to the Bondsauthorized herein. Nothing in thisOrdinance is intended to, and no pro-vision hereof shall be applied in anymanner as would, impair the oblig-ation of contract of the City withrespect to any outstanding bonds,Bonds, certificates of indebtedness,other obligations, trust indentures,trust agreements, or other agree-ments or contracts made or enteredinto by the City.

Section 19. Satisfaction of Condi-tions. This Council determines thatall acts and conditions necessary tobe done or performed by the City orto have been met precedent to andin the issuing of the Bonds in orderto make them legal, valid, and bind-ing special obligations of the Cityhave been performed and have beenmet, or will at the time of deliveryof the Bonds have been performedand have been met, in regular anddue form as required by law, andthat no limitation of indebtedness ortaxation, either statutory or consti-tutional, is applicable to theissuance of the Bonds.

Section 20. Compliance with OpenMeeting Requirements. This Councilfinds and determines that all formalactions of this Council and any ofits committees concerning and relat-ing to the passage of this Ordinancewere taken in an open meeting ofthis Council or committees, and thatall deliberations of this Council andany of its committees that resultedin those formal actions were inmeetings open to the public, all incompliance with the law.

Section 21. Emergency. This Ordi-nance is hereby declared to be anemergency measure and, provided it

receives the affirmative vote of two-thirds of all members elected toCouncil, it shall take effect and bein force immediately upon its pas-sage and approval by the Mayor;otherwise it shall take effect and bein force from and after the earliestperiod allowed by law.


Ord. No. 2031-A-02 (as a Substitutefor Ordinance No. 2031-02).

By Council Members Lewis, Swee-ney, Polensek, Jackson, Brady andO’Malley.

An ordinance to supplement theCodified Ordinances of Cleveland,Ohio, 1976, by enacting new Chapter188 relating to employment of Cityresidents for certain public improve-ment contracts.

Whereas, the Council of the Cityof Cleveland believes strongly inemployment opportunities for Cleve-land residents; and

Whereas, there are Cleveland res-idents who possess the skills andtraining required for work on con-struction projects; and

Whereas, despite, the expenditureof millions of dollars in the City ofCleveland on projects recently com-pleted or currently under construc-tion, few of the employment oppor-tunities arising from those projectshave gone to Cleveland residents;and

Whereas, the City of Clevelandhas a higher unemployment rateand higher poverty rate than Cuya-hoga County and many surroundingcommunities; and

Whereas, the employment of Cityresidents on construction projectsfunded, in part or in whole, withCity assistance will help alleviateunemployment and poverty in theCity; and

Whereas, Council Member FannieM. Lewis serves as Chairperson ofthe Employment, Affirmative Ac-tion, and Training Committee andhas conducted hearings on this mat-ter for over one year; and

Whereas, it is appropriate tohonor Council Member Lewis’ ser-vice and dedication by naming theCleveland Resident EmploymentLaw the “Fannie M. Lewis ClevelandResident Employment Law”; now,therefore,


Section 1. That, notwithstandingand as an exception to any provi-sion of the Codified Ordinances ofCleveland, Ohio, 1976, to the con-trary, the Codified Ordinances ofCleveland, Ohio, 1976, are herebysupplemented by enacting newChapter 188, to read as follows:

Chapter 188Fannie M. Lewis ClevelandResident Employment Law

Section 188.01 DefinitionsFor purposes of this chapter, the

following words, phrases and termsare defined as follows:

(a) “City” means the City of Cleve-land, Ohio.

(b) “Construction Contract” meansany agreement whereby the Cityeither grants a privilege or is com-mitted to expend or does expend itsfunds or other resources, or federal


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grant opportunities, including with-out limitation, Community Develop-ment Block Grants, Urban Develop-ment Action Grants and EconomicDevelopment Administration Grants,in an amount of $100,000 or more, forthe erection, rehabilitation, improve-ment, alteration, conversion, exten-sion, demolition or repair ofimprovements to real property,including facilities providing utilityservice and includes the supervision,inspection, and other on-site func-tions incidental to construction, butdoes not include professional ser-vices. Construction Contract in-cludes any contract that is enteredinto by a person or entity thatreceives a grant, loan, privilege,credit, or resources from the City,from its funds or from federal grantopportunities for the poor, minori-ties and/or unemployed in anamount of $100,000 or more, for thepurpose of erecting, improving reha-bilitating, altering, converting,extending, demolishing, or repairingreal property or improvements toreal property.

(c) “Construction Worker Hours”means the total hours worked on aConstruction Contract by Skilledand Unskilled Construction TradeWorkers, whether those workers areemployed by the Contractor or anySubcontractor. In determining thetotal Construction Worker Hours tobe furnished at the construction site,there shall be included the numberof hours devoted to all tasks cus-tomarily performed on a construc-tion site, whether or not such tasksare, in fact, performed on the con-struction site. Construction WorkerHours excludes the number of hoursof work performed by non-Ohio res-idents.

(d) “Contractor” means any personor company receiving a ConstructionContract from the City of Cleveland,any subdivision of the City, or anyindividual legally authorized to bindthe City pursuant to said contract.

(e) “Director” means the Directorof the Office of Equal Opportunity.

(f) “Low Income Person” means aResident who is a member of a fam-ily having an income equal to orless than the Section 8 very low-income limit established by theDepartment of Housing and UrbanDevelopment. Very low-income fam-ilies are defined as families whoseincomes do not exceed fifty percent(50%) of the median family incomefor the area. Income limits areadjusted for family size. Unrelatedindividuals shall be considered asone person families for this purpose.

(g) “Resident” or “Resident of theCity” shall mean persons domiciledwithin the boundaries of City ofCleveland. The domicile is an indi-vidual’s one and only true, fixed andpermanent home and principalestablishment.

(h) “Skilled and Unskilled Con-struction Trade Worker” means allwork site foremen, journeyworkers,including technical engineers, ap-prentices, construction trainees andelevator construction helpers andapprentices that are in a bona fideapprenticeship training programthat is certified by the U.S. Depart-ment of Labor, Bureau of Appren-ticeship and Training. Also includedare other workers appropriate for

construction activities. Salariedsuperintendents are excluded fromthis special provision.

(i) “Subcontractor(s)” means anyperson or company that assumes bysecondary contract some or all ofthe obligations of the original Con-tractor.

Section 188.02 Employment of CityResidents

(a) Where not otherwise prohibit-ed by federal, state or local law orthe terms of federal or state grants,all Construction Contracts shall con-tain a provision that requires thatResidents of the City perform twen-ty percent (20%) of the total Con-struction Worker Hours (“ResidentConstruction Worker Hours”) andshall contain a provision detailingthe penalties for failure to do so,which penalties are set forth in Sec-tion 188.05. Additionally, where nototherwise prohibited by federal,state or local law or the terms offederal or state grants, all Con-struction Contracts shall contain aprovision that requires the Contrac-tor to use significant effort, andrequires any Subcontractors to usesignificant effort, to ensure that noless than four percent (4%) of theResident Construction WorkerHours are performed by personswho qualify as Low Income Persons.Cleveland residents employed by aContractor or Subcontractor asSkilled or Unskilled ConstructionTrade Workers at the time thatwork on a Construction Contractbegins, but who are otherwiseemployed by the Contractor or Sub-contractor on projects that are notpursuant to a Construction Contract,may be counted toward the above-stated Resident Construction Work-er Hours requirement upon presen-tation of documentary proof to theDirector. Residents who are Skilledand Unskilled Construction TradeWorkers and are graduates fromestablished pre-apprenticeship pro-grams, such as the Union Construc-tion Industry Partnership – Appren-ticeship Skill Achievement Program(“UCIP-ASAP”) who are working forthe Contractor or Subcontractor,may be counted toward the above-stated Resident Construction Work-er Hours requirement.

(b) The percentage levels setforth in Section 188.02(a) are intend-ed as minimum requirements for useof Residents of the City of Cleve-land under Construction Contractsand shall not be construed as limit-ing or deferring the full use of Res-idents of the City beyond thisnumerical level.

(c) Prior to the commencement ofwork, each Contractor and Subcon-tractor(s) shall complete and submitto the Director a work force table.This document shall identify theestimated work force requirementsfor the duration of the job, brokendown by trade and month. This doc-ument shall be revised as required,but not less than once a month.

Section 188.03 Standards, Reduc-tions and No Waiver

(a) The Director, consistent withthe provisions of this Chapter, shallestablish standards and procedures,as the Director deems proper andnecessary, to effectively administerthe intent and purpose of this Chap-ter. In creating these standards andprocedures and in creating any sub-

sequent modifications thereof, theDirector shall work with the Chair-person of the Employment, Affirma-tive Action and Training Committee.The standards and exceptions shallbe effective thirty (30) days afterpublication in the City Record.However, at least ten (10) daysprior to publication in the CityRecord, the Director shall providethe President of City Council andthe Chairperson of the Employment,Affirmative Action and TrainingCommittee with a copy of the pro-posed standards and procedures.

(b) Such standards and proce-dures shall specify that the employ-ment of the minimum percentage ofResidents may be reduced prior toor during construction only when aContractor or potential Contractorcan demonstrate the high impracti-cality of complying with this per-centage level for particular con-tracts or classes of employees. TheDirector shall apply the standard of“efforts to the greatest extent feasi-ble” to the Contractor’s or Subcon-tractor’s efforts when evaluatingrequests for reduction. A reductionmay be deemed appropriate by theDirector if a Contractor or potentialContractor has unsuccessfullysolicited a sufficient number of Res-idents of the City to perform thework identified in the bid specifica-tions and has documented sucheffort to the satisfaction of theDirector. In addition, such standardsand procedures shall require that aContractor or potential Contractorseeking a reduction shall have pro-vided timely notice of the need forResidents of the City to an appro-priate source(s) of referrals, asdetermined by the Director, whichsource(s) shall be entitled to com-ment on any reduction application.If the Director determines that alesser percentage of Residents isappropriate with respect to a poten-tial Construction Contract for whichbids will be solicited, bid specifica-tions shall include a statement ofthe revised standards. The stan-dards established by the Directorshall also provide for a reductionduring construction based on peti-tion by the Contractor demonstrat-ing serious unforeseen circum-stances, such as new governmentalregulations, national or natural dis-asters, war and/or other disastrousevents or high impracticality.

(c) The Director shall file hisdetermination on all reductions, andthe reasons for the reduction, withthe Clerk of City Council, the Pres-ident of City Council, and the Chair-person of the Employment Affirma-tive Action and Training Committee,within five (5) working days ofmaking a determination.

(d) The Director shall not waivethe Resident Construction WorkerHours of this chapter.

Section 188.04 Monitoring by Direc-tor: Reporting by Contractor, andAdvisory Committee to the Director

(a) The Director shall separatelymonitor the use of Residents of theCity on all applicable projects inSkilled and Unskilled ConstructionTrade Worker positions, and shallreport his findings in writing to theClerk of City Council, the Presidentof City Council, and to the Employ-ment Affirmative Action and Train-ing Committee of this Council on abi-monthly basis.


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(b) The Contractor shall providefor the maintenance of all recordsdocumenting that Residents of theCity are employed in pursuance ofthe Construction Contract. The Con-tractor and Subcontractor(s) shallmaintain copies of personnel docu-ments supportive of every Residentemployee’s actual record of resi-dence.

(c) The Contractor shall designatea principal officer of its firm to beresponsible for administering theResident requirements for the Con-tractor and all of its Subcontrac-tor(s) pursuant to the requirementsdetailed in this Chapter. This offi-cer shall meet regularly, or as maybe required, with the Director or hisdesignee to ensure compliance withthe Resident requirements set forthherein. Primary responsibility formeeting established goals shallremain with the Contractor. Certi-fied payroll reports (U.S. Depart-ment of Labor form WH-347 orequivalent) in a format specified bythe Director shall be submittedmonthly to the Director for applica-ble construction contracts and shallidentify clearly the actual residenceof every employee on each submit-ted certified payroll. The first timean employee’s name appears on apayroll, a hire date for the employ-ee should be included after theemployee’s name.

(d) Full access to the Contrac-tor(s’) and Subcontractor(s’) em-ployment records that documentinformation that relates to the re-quirements of this Chapter shall begranted to the Director, his desig-nated agents, the Chief of Police, orany duly authorized representativethereof. The Contractor and Subcon-tractor(s) shall maintain all rele-vant personnel data in records for aperiod of at least three (3) yearsafter final completion of work. Thisretention period may be extended inwriting by the Director based uponaudit irregularities.

(e) The Director may require affi-davits and other supporting docu-mentation from the Contractorand/or Subcontractor(s) to verify orclarify that an employee is a Resi-dent when doubt or lack of clarityhas arisen.

(f) There shall be established aResidency Construction AdvisoryCommittee to the Director with thecharge of furthering the intent andpurpose of this Chapter. Membershipshall consist of one representativeappointed by the Mayor, one repre-sentative appointed by the Presidentof City Council, one representativeappointed by the Executive Directorof the Cleveland Building and Con-struction Trade Council, one repre-sentative appointed by the Execu-tive Director of the ConstructionEmployers Association or its dele-gate and one representative jointlyappointed by the Mayor and thePresident of City Council who is notaffiliated with Cleveland Buildingand Construction Trade Council orthe Construction Employers Associ-ation or its delegate. This Commit-tee may establish one (1) or moreadvisory subcommittees to helpachieve the goals established pur-suant to this legislation.

Section 188.05 Violation and Penalty(a) When work under a Con-

struction Contract is completed, andin the event that the Director

determines that the Contractor hasfailed to fulfill the requirementscontained in Section 188.02 concern-ing Construction Worker Hours per-formed by Residents of the City orhas failed to submit reports asrequired in Sections 188.02 and188.04, the City is deemed to havebeen damaged. Good faith efforts onthe part of the Contractor or Sub-contractor to provide employment toResidents of the City shall not suf-fice to replace the actual, verifiedachievement of the requirementscontained in Section 188.02.

(b) In the event the Contractorbreaches its Construction Contractobligation for Resident ConstructionWorker Hours stated in Section188.02, one eighth (1/8) of one (1)percent of the final total amount ofthe Construction Contract shall bepaid by the Contractor to the Cityin payment for each percentage ofshortfall toward the Resident Con-struction Worker Hours set forth inSection 188.02 or the reduced require-ment established by the Director inaccordance with Section 188.03. Inthe event the Low Income Personobjective is not achieved, the Direc-tor shall determine if a penalty isappropriate and assess the penaltyin his/her discretion.

(c) Failure to submit, or knowingfalsification of, the reports requiredin Sections 188.02 and 188.04 shallresult in a breach of the Construc-tion Contract subject to assessmentof the maximum penalty provided indivision (b), and the penalty shallbe calculated as if no Residents ofthe City were employed on the con-struction project in furtherance ofthe Construction Contract.

(d) No Contractor shall knowing-ly falsify any required reports,statements or payroll certifications.Any Contractor who knowingly fal-sifies reports, statements or the cer-tification of payroll data is guilty ofa misdemeanor of the first degreeand subject to a fine of not morethan five thousand dollars ($5,000).If a Contractor is convicted underthis division, that Contractor shallbe barred from contracting with theCity on any construction project sub-ject to this Chapter for a period offive (5) years.

(e) Any retainage to cover con-tract performance that may becomedue to the Contractor pursuant tothe Codified Ordinances of the Cityof Cleveland may be withheld by theCity pending the determination bythe Director of whether the Con-tractor must pay a penalty.

(f) The imposition of any penaltyor fine under this section shall notpreclude the City from exercisingany other rights or remedies towhich it is entitled.

(g) All funds collected by the Cityof Cleveland under division (b) or(c) of this section shall be deposit-ed into a special account whichshall be created for the sole purposeof receiving said funds. The fundsdeposited into this account shall beused for the operation of the Officeof Equal Opportunity provided suchfunds have been appropriated forthat purpose, provided there is anynecessary legislative authority andprovided the funds are used in com-pliance with all laws or restrictionsregarding their use.

(h) In addition to assessing thepenalty set forth above, the Citymay, for a period of five (5) years

after a violation of this chapter,require the Contractor to post asurety bond or other appropriatesecurity in an amount representingtwenty percent (20%) of the con-tract price for any subsequent con-tract awarded to the Contractor,which the Contractor shall agreeand shall be required to forfeit inits entirety in the event that fullcompliance with the requirements ofthis chapter are not achieved duringthe performance of the contract.This surety bond shall be in addi-tion to such other surety bonds thatare required pursuant to the Codi-fied Ordinances of Cleveland, Ohio.

(i) No person shall knowinglysupply false information to establishthat the person is a Resident forpurposes of this Chapter. Any per-son who knowingly supplies falseinformation to establish that he orshe is a Resident is guilty of a mis-demeanor of the first degree andsubject to imprisonment for a peri-od not to exceed (6) months and afine of not more than one thousanddollars ($1,000). Upon conviction,such person shall be barred fromemployment in furtherance of a Con-struction Contract for a period offive (5) years.

Section 188.06 SeverabilityEach section and each part of

each section of this Fannie M. LewisCleveland Resident EmploymentLaw is declared to be an indepen-dent section or part of a section, andnotwithstanding any other evidenceof legislative intent, it is declaredto be the controlling legislativeintent that if any section or part ofa section or any provision thereof,or the application thereof to anyperson or circumstances, is held tobe invalid, the remaining sections orparts of sections and the applicationof such provision to any other per-son or circumstances, other thanthose as to which it is held invalid,shall not be affected thereby. It isfurther declared to be the legislativeintent that the other provisions ofthis Code would have been adoptedindependently of such section orparts of a section which are held tobe invalid.

Section 188.07 DurationThis Fannie M. Lewis Cleveland

Resident Employment Law is enact-ed as a temporary measure to alle-viate the lack of use of Residentson City of Cleveland constructionprojects found to exist by the Coun-cil of the City of Cleveland. Thiscode shall remain in full force andeffect, subject to periodic review bythe Council of the City of Cleveland.The City Council shall regularly,but at a minimum of once every five(5) years, determine whether thereis a continuing need to ensure ade-quate resident employment, andmake relevant findings in supportof that determination, and, if neces-sary amend this Chapter as appro-priate. In addition thereto, everytwo (2) years after enactment ofthis Fannie M. Lewis Cleveland Res-ident Employment Law, the CityCouncil shall review the twenty (20)percent resident requirement, andthe four (4) percent requirement forLow Income Persons, to determinethe appropriateness of each per-centage and make relevant findingsof that determination, and if neces-sary, amend 188.02 (a).


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Section 188.08 Effective DateThis chapter shall be effective

and be in force upon its passage andapproval as of January 1, 2004.

Section 2. Within sixty (60) daysof the passage date of this ordi-nance, the Director shall finalize theinitial standards and procedures inaccordance with Section 188.03 andprovide a copy to the Chairperson ofthe Employment, Affirmative Actionand Training Committee. The Direc-tor shall ensure that the standardsand procedures authorized underSection 188.03 are created and pub-lished so that they are effectiveprior to January 1, 2004.

Section 3. That this ordinanceshall take effect and be in forcefrom and after the earliest periodallowed by law.

Passed June 10, 2003.Effective July 20, 2003.

Ord. No. 81-03.By Council Member Lewis.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on East 88th, 91st and92nd Streets to Cuyahoga Metropoli-tan Housing Authority.

Whereas, the City of Clevelandadopted and implemented proce-dures under Chapter 5722 of theOhio Revised Code to facilitate re-utilization of nonproductive landssituated within the City of Cleve-land; and


Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now there-fore,


Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-13-067 asmore fully described below, to Cuya-hoga Metropolitan Housing Authori-ty.

Section 2. That the real propertyto be sold pursuant to Section 1 ofthis Ordinance is more fullydescribed as follows:


County of Cuyahoga and State ofOhio, and known as being SublotsNos. 181 and 182 in W.J. Crawfordand James Parmalee’s Subdivisionof part of Original One HundredAcre Lot No. 384 as shown by therecorded plat in Volume 16 of Maps,Page 5 of Cuyahoga County Recordsand together forming a parcel ofland 75 feet front on the Westerlyside of East 92nd Street, 80 feet onthe Northerly line 80 feet deep onthe Southerly line which is also theNortherly line of Morris Court, N.E.,and 75 feet in the rear as appearsby said plat, be the same more orless, but subject to all legal high-ways.

Subject to Zoning Ordinances, ifany.

Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-14-127 asmore fully described below to Cuya-hoga Metropolitan Housing Authori-ty.

Section 4. That the real propertyto be sold pursuant to this Ordi-nance is more fully described as fol-lows:


County of Cuyahoga and State ofOhio, and known as being Sublot No.25 in Wade Park and Superior Sub-division of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat in Volume 21of Maps, Page 5 of Cuyahoga Coun-ty Records, and being 35 feet fronton the Easterly side of East 89thStreet, and extending back of equalwidth 75 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.24 in the Wade Park and SuperiorSubdivision of part of Original OneHundred Acre Lot No. 384 as shownby the recorded plat in Volume 21of Maps, Page 5 of Cuyahoga Coun-ty Records, be the same more orless, but subject to all legal high-ways.


Section 7. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-14-129 asmore fully described, to CuyahogaMetropolitan Housing Authority.



County of Cuyahoga and State ofOhio, and known as being Sublot No.23 in Wade Park and Superior Sub-division of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat in Volume 21of Maps, Page 5 of Cuyahoga Coun-ty Records, as appears by said plat,be the same more or less, but sub-ject to all legal highways.

Section 9. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sell

Permanent Parcel No. 107-14-187asmore fully described below, to Cuya-hoga Metropolitan Housing Authori-ty.



County of Cuyahoga and State ofOhio, and known as being Sublot No.86 in the Wade Park and SuperiorSubdivision of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat in Volume 21of Maps, Page 5 of Cuyahoga Coun-ty Records, and being 40 feet fronton the Westerly side of East 91stStreet (formerly Studley Street), andextending back of equal width 100feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being all ofSublot No.85 in Curtiss and Ambler’sWade Park and Superior Subdivisionof part of Original East ClevelandTownship Lot 384. Said Sublot No. 85is 40 feet front on the Westerly sideof Studley Street (now East 91stStreet) and extends back of equalwidth 100 feet deep according to theplat of said Subdivision recorded inVolume 21 of Maps, Page 5 of Cuya-hoga County Records.

Section 13. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sell thefollowing Permanent Parcel Nos.which are more fully described inthe next section, to Cuyahoga Met-ropolitan Housing Authority.



County of Cuyahoga and State ofOhio, and bounded and described asfollows, to wit: And known as beingpart of Original One Hundred AcreLot No. 343, and bounded anddescribed as follows:

Beginning at a point in the in theNortherly line of Dibble Avenue,now known as Dibble Avenue, N.E.,as shown by the recorded plat inVolume 13 of Maps, Page 34 of Cuya-hoga County Records, at a point 420feet and 1 1/2 inches East from theintersection of the North line of Dib-ble Avenue, N.E., with the East lineof East 55th Street, (formerly Will-son Avenue), thence North 34 min-utes East at right angles to DibbleAvenue, N.E., 110 feet 9 3/4 inches;thence North 86° 29 minutes East 39feet 1 inches’ thence South 34 min-


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utes West parallel with the firstdescribed line 113 feet 8 inches tothe North line of Dibble Avenue,N.E.; thence North 89° 26 minutesWest along the North line of DibbleAvenue, N.E., 39 feet to the place ofbeginning, be the same more less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.130 in the Whire ManufacturingCompany’s Allotment, of part ofOriginal One Hundred Acre Lot No.340, as shown by the recorded platin Volume 12 of Maps, Page 14 ofCuyahoga County Records, andbeing 40 feet front on the Westerlyside of East 59th Place, and extend-ing back of equal width 135 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.13 in the Lewis Dibble’s Allotmentof part of Original One HundredAcre Lot No. 343, as shown by therecorded plat in Volume 9 of Maps,Page 9 of Cuyahoga County Recordsand being 40 feet front on theSoutherly side of Dibble Avenue,N.E., and extending back of equalwidth 140 feet , as appears by saidplat, be the same more or less, butsubject to all legal highways.

Subject to zoning ordinances, ifany.


County of Cuyahoga and State ofOhio, and known as being Sublot No.23 in Lewis Dibble’s Allotment ofOriginal Lot No. 343, as shown bythe recorded plat in Volume 9 ofMaps, Page 9 of Cuyahoga CountyRecords, and being 40 feet front onthe Southerly side of Dibble Avenue,N.E. and extending back of equalwidth 140 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio: And known as being part ofOriginal One Hundred Acre Lot No.343 and bounded and described asfollows:

Beginning on the Westerly line ofEast 65th Street (formerly NorwoodStreet) 124 feet Southerly from itsintersection with the Southerly lineof Luther Avenue, N.E. (formerlyLuther Street); thence Westerly par-allel with the Southerly line ofLuther Avenue, N.E. 100 feet; thenceSoutherly parallel with the Wester-ly line of East 65th Street, 44 feetto the Northerly line of Wade ParkAvenue, N.E., thence Easterly alongthe Northerly line of Wade ParkAvenue 100 feet to the Westerly lineof East 65th Street; thence Norther-ly along the Westerly line of East65th Street, 44 feet to the place ofbeginning, be the same more less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 54 in the re-survey of theWhite Manufacturing Company’sAllotment of part of Original OneHundred Acre Lot No. 340, as shownby the recorded plat of said re-sur-vey in Volume 12 of Maps, Page 14of Cuyahoga County Records andbounded and described as follows:

Beginning on the Westerly line ofEast 65th Street (formerly NorwoodStreet) at the Southeasterly cornerof said Sublot No. 54; thence North-erly along said Westerly line ofEast 65th Street, 22.90 feet, to theSoutherly line of Wade Park Ave-nue, N.E., thence Westerly alongsaid Southerly line of Wade ParkAvenue, N.E., to the Westerly line ofsaid Sublot No. 54; thence Southerlyalong said Westerly line of saidSublot No. 54, about 24.12 feet to theSouthwesterly corner thereof; thenceEasterly along the Southerly line ofsaid Sublot No. 54, 135.10 feet to theplace of beginning, as appears bysaid plat.



County of Cuyahoga and State ofOhio, and known, bounded anddescribed as follows, to wit: beingSublot No. 53 in a re-survey of WhiteManufacturing Company’s Allotmentof part of Original One HundredAcre Lot No. 340, as shown by therecorded plat in Volume 12 of Maps,Page 14 of Cuyahoga CountyRecords and being 36 feet front onthe Westerly side of East 65th Street(formerly Norwood Street) 135.10feet deep on the Northerly line,135.15 feet deep on the Southerlyline and 36 feet wide in the rear, asappears by said plat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.52 in the White Manufacturing Com-pany’s Subdivision of part of Origi-nal One Hundred Acre Township LotNo. 340, as shown by the recordedplat in Volume 12 of Maps, Page 14of Cuyahoga County Records, andbeing 36 feet front on the Westerlyside of East 65th Street (formerlyNorwood Avenue), and extendingback of equal width, about 13520/100 feet deep on the Southerlyline, about 135 15/100 feet deep onthe Northerly line and 36 feet widein the rear, as appears by said plat,be the same more or less, but sub-ject to all legal highways.

Also subject to restrictions ofrecord zoning ordinances, if any.


County of Cuyahoga and State ofOhio, and bounded and described asfollows:

And known as being Sublot No. 51in a re-survey of White Manufac-turing Company’s Allotment of partof Original One Hundred Acre LotNo. 340 as shown by the recordedplat in Volume 12 of Maps, Page 14of Cuyahoga County Records andbeing 36 feet front on the Westerlyside of East 65th Street (formerly

Norwood Street) and extending back135.20 feet on the Northerly line,135.25 feet on the Southerly line andhaving a rear line of 36 feet, asappears by said plat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.118 in The White ManufacturingCompany’s Allotment of part ofOriginal 100 Acre Lot No. 340, asshown by the recorded plat in Vol-ume 5 of Maps, Page 32 of CuyahogaCounty Records, and being 40 feetfront on the Easterly side of East59th Street, (formerly Clara Street),and extending back of equal width135 feet as appears by said plat, bethe same more or less, but subjectto all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.102 in a Re-Survey of White Manu-facturing Company’s Allotment ofpart of Original One Hundred AcreLot Nos. 340, as shown by the record-ed plat of said Re-Survey in Volume12 of Maps, Page 14 of CuyahogaCounty Records, and being 40 feetfront on the Westerly side of East61st Street and extending back ofequal width 135 feet deep, be thesame more less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.43 in John Kelley’s Subdivision ofpart of Original One Hundred AcreLot No. 343, as shown by the record-ed plat in Volume 12, Page 47 ofCuyahoga County Records, andbeing 40 feet front on the Northerlyside of Luther Avenue, and extend-ing back 165.75 feet to the Easterlyline, 165.80 feet on the Westerly line,and having a rear line of 40 feet, asappears by said plat.



County of Cuyahoga and State ofOhio, and known as being part ofBlock L in the L.M. Southern Surveyof part of Original Original TenAcre Lots Nos. 127, 128, 129, 130 and131, as shown by the recorded platin Volume 11 of Maps, Page 41 ofCuyahoga County Records, andbounded and described as follows:

Beginning on the Northwesterlyline of Luther Avenue, N.E., (for-merly Elizabeth Street) at a point363.92 feet Northeasterly measuredalong said Northwesterly line fromits point of intersection with North-easterly line of East 49th Street(formerly Kirtland Street); thenceNortheasterly along said Northwest-erly line of Luther Avenue, N.E., 25feet; thence Northwesterly on a lineat right angle with said Northwest-erly line of Luther Avenue N.E., 134feet to the Southeasterly line of analley; thence Southwesterly along


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said Southeasterly line of said alley25 feet; thence Southeasterly 134feet to the place of beginning, bethe same more or less, but subjectto all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.15 in the Hardy and Rhinock’s Sub-division of part of Original OneHundred Acre Lot No. 344, as shownby the recorded plat in Volume 22of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 35 feet fronton the Southerly side of BaylissAvenue N.E., (formerly BarbaraStreet) and extending back betweenparallel lines, 116.31 feet as appearsby said plat, be the same more orless, but subject to all legal high-ways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.18 in Hardy and Rhinock’s Subdivi-sion of a part of Original One Hun-dred Acre Lot No. 344, as shown bythe recorded plat of said Subdivisionin Volume 22 of Maps, Page 10 ofCuyahoga County Records. SaidSublot No. 18 has a frontage of 35feet on the Southerly side of BaylissAvenue (formerly Barbara Street)and extending back 117-10/100 feeton the Easterly line, 118-9/100 feeton the Westerly line and has a rearline of 28-19/100 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.19 in the Hardy and Rhincok Sub-division of part of Original OneHundred Acre Lot No. 344, as shownby the recorded plat in Volume 22of Maps, Page 10 of Cuyahoga Coun-ty Records and being 35 feet fronton the Southeasterly side of BaylissAvenue, N.E. (formerly BarbaraStreet) and extending back 118.09feet on the Northeasterly line, 119.46feet on the Southwesterly line andhaving a rear line of 28.19 feet, asappears by said plat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.26 in W.J. Crawford and JamesParmelee’s Subdivision of a part ofOriginal One Hundred Acre Lot No.347, as shown by the recorded platin Volume 13 of Maps, Page 40 ofCuyahoga County Records, and alsoa part of Original One Hundred AcreLot No. 347, bounded and describedas follows:

Beginning in the Northeasterlyline of Addison Road N.E., at themost Westerly corner of the landconveyed to William Reggenhagen,by deed dated May 12, 1888, andrecorded in Volume 429 of Deeds,Page 491 of Cuyahoga CountyRecords; thence Southeasterly alongthe Northeasterly line of AdddisonRoad N.E., 33 feet, 5 inches to the

Southwesterly corner of said SublotNo. 26; thence Easterly 182 feet 7-1/4inches to the Southeasterly corner ofsaid Sublot No. 26; thence North-westerly along the Northeasterlyline of said Sublot No. 26 and theNortheasterly prolongation thereofabout 124 feet, 4 inches to the mostNortherly corner of the land so con-veyed, and thence Southwesterlyalong the Northwesterly line of landso conveyed, about 159 feet, 3 inch-es to the place of beginning.


County of Cuyahoga and State ofOhio, and known as being Sublot No.6 in Elizabeth Schaefer’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 344, as shown bythe recorded plat in Volume 14 ofMaps, Page 10 of Cuyahoga CountyRecords and being 54 feet 6 inchesfront on the Northeasterly side ofAddison Road N.E. (formerly EastMadison Avenue), 81 feet 9-3/4inches deep on the Southeasterlyline, 98 feet 4 inches deep on theNortherly line, which is also theNortherly line of said Original OneHundred Acre Lot No. 344 to a pointin the rear, as appears by said plat,be the same more or less, but sub-ject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.5 in Elizabeth Schaefer’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 344, as shown bythe recorded plat in Volume 14 ofMaps, Page 10 of Cuyahoga CountyRecords, and being 40 feet front onthe Northeasterly side of AddisonRoad N.E. (formerly East MadisonAvenue) 141 feet 10 inches deep onthe Southeasterly line, 81 feet 9-3/4inches deep on the Northwesterlyline and 72 feet 2 inches wide in therear, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 20 in Morison andMassie’s Allotment of part of Origi-nal One Hundred Acre Lot No. 345,as shown by the recorded plat inVolume 16 of Maps, Page 20 of Cuya-hoga County Records and part ofOriginal One Hundred Acre Lot No.345, and together forming a parcelof land bounded and described asfollows:

Beginning on the Northerly line ofHecker Avenue, N.E. (formerly Dal-las Street), at the Southwesterly cor-ner of said Sublot No. 20; thenceEasterly along the Northerly line ofHecker Avenue, N.E., 36 feet to theSoutheasterly corner of Sublot No.20; thence Northerly along the East-erly line of Sublot No. 20 and alongthe Northerly prolongation thereof,157 41/100 feet to the Northeasterlycorner of land conveyed to FrankBrandula and Mary Brandula byDeed dated July 8, 1941 and record-ed in Volume 5287, Page 488 ofCuyahoga County Records; thenceWesterly along the Northerly line of

land so conveyed to Frank and MaryBrandula, 36 feet to it intersectionwith the Northerly prolongation ofthe Westerly line of Sublot No. 20;thence Southerly along the saidNortherly prolongation, as lastaforesaid, and along the Westerlyline of Sublot No. 20, 157 40/100 feetto the place of beginning, asappears by said plat, be the samemore or less, but subject to all legalhighways.


P. P. No. 105-28-027Parcel No. 1

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being Sublot No.21 in Morrison and Massie’s Allot-ment of part of Original One Hun-dred Acre Lot No. 345, as shown bythe recorded plat in Volume 16 ofMaps, Page 20 of Cuyahoga CountyRecords, and being 35.90 feet fronton the Northerly side of HeckerAvenue, N.E. (formerly known asDallas Street) and extending back104.92 feet on the Easterly line,104.91 feet on the Westerly line and35.92 feet in the rear, as appears bysaid plat, be the same more or less,but subject to all legal highways.

Parcel No. 2Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being part ofOriginal One Hundred Acre Lot No.345, bounded and described as fol-lows:

Beginning on the Northerly line ofMorrison and Massie’s Allotment, asshown by the recorded plat in Vol-ume 16 of Maps, Page 20 of Cuya-hoga County Records, at the North-westerly corner of Sublot No. 21;thence Easterly along the Northerlyline of said Sublot No. 21, 35.92 feetto the Northeasterly corner thereof;thence Northerly along the Norther-ly prolongation of the Easterly lineof said Sublot No. 21, 52.50 feet;thence Westerly parallel with theNortherly line of said Sublot about35.92 feet to its intersection with theNortherly prolongation of the West-erly line of said Sublot No. 21;thence Southerly along said Norther-ly prolongation 52.50 feet to theplace of beginning, be the samemore less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio: And known as being SublotNo. 5 in George Sell’s Re-Subdivisionof part of Original One HundredAcre Lot No. 345 as shown by therecorded plat in Volume 19 of Maps,Page 11 of Cuyahoga CountyRecords and being 33 feet front onthe Westerly side of East 74th Street(formerly Hodge Avenue) andextending back of equal width 115feet as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.4 in George Sell’s Subdivision ofpart of Original One Hundred AcreLot No. 345, as shown by the record-ed plat in Volume 19 of Maps, Page


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11 of Cuyahoga County Records, andbeing a parcel of land 33 feet fronton the Westerly side of East 74thStreet (formerly Hodge Avenue) andextending back of equal width 115feet to the Easterly side of East73rd Place, 20 feet wide as appearsby said plat, be the same more less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being the West-erly 107 65/100 feet of Sublot No. 34in the Morison and Massie’s Allot-ment of part of Original One Hun-dred Acre Lot No. 345, as shown bythe recorded plat in Volume 16 ofMaps, Page 20 of Cuyahoga CountyRecords.

Said part of Sublot No. 34 has afrontage of 38 feet on the Easterlyside of East 74th Street (formerlyHodge Avenue) and extends backbetween parallel lines 107 65/100feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.33 in Morison and Massie’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 345 as shown bythe recorded plat in Volume 16 ofMaps, Page 20 of Cuyahoga CountyRecords and being 36.55 feet fronton the Easterly side of East 74thStreet, and extending back 134.65feet on the Northerly line, 134.65 feeton the Southerly line and having arear line of 36.66 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.38 in the J.H. Hardy’s Subdivision ofpart of Original One Hundred AcreLots Nos. 345 and 383, as shown bythe recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords and being 49 feet 3 1/2 inch-es on the Westerly side of East 79thStreet; (formerly Gordon Avenue)and extending of equal length 140feet on the Northerly line and 140feet on the Southerly line which isthe Northerly line of LockyearAvenue and having a rear line of 50feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.41 in J.H. Hardy’s Subdivision ofpart of Original One Hundred AcreLots Nos. 345 and 383, as shown bythe recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords and being 44 feet front onthe Westerly side of East 79th Streetand extending back between paral-lel lines 140 feet, as appears by saidplat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.42 in J.H. Hardy’s Subdivision ofpart of Original One Hundred AcreLots Nos. 345 and 383, as shown bythe recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords and being 34 feet front onthe Westerly side of East 79th Streetand extending back between paral-lel lines 140 feet, appears by saidplat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.51 in Morrison Massies Subdivisionof part of Original One HundredAcre Lot No. 345, as shown by therecorded plat in Volume 16, Page 20of Cuyahoga County Records, andbeing 35 feet front on the Northerlyside of Aberdeen Avenue, N.E., andextending back 102.84 feet on theEasterly line, 102.83 feet on theWesterly line, and having a rearline of 35 feet, as appears by saidplat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.52 in Morison and Massie’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 345, as shown bythe recorded plat of said Subdivisionin Volume 16 of Maps, Page 20 ofCuyahoga County Records, andbeing 35 feet front on the Northerlyside of Aberdeen Avenue, N.E., andextending back 102.84 feet on theWesterly line, 102.85 on the Easter-ly line and having a rear line of 35feet, as appears by said plat.



County of Cuyahoga and State ofOhio, and known as being part ofSublots Nos. 33 and 34 in Jas. H.Hardy’s Subdivision of part of Orig-inal One Hundred Acre Lots Nos. 345and 384 as shown by the recordedplat in Volume 5 of Maps, Page 31of Cuyahoga County Records andtogether forming a parcel of landbounded and described as follows:

Beginning on the Southerly line ofAberdeen Avenue, N.E., (as nowestablished 32 feet wide) at a point30 feet Westerly from its point ofintersection with the Easterly lineof said Sublot No. 34; thence Souther-ly parallel with the Easterly line ofsaid Sublot No. 34, about 95 feet 5inches to a point 120 feet Northerlyfrom the Southerly line of saidSublot No. 34; thence Westerly par-allel with the Southerly line of saidSublots Nos. 34 and 33 and 120 feetdistant therefrom, 30 feet; thenceNortherly parallel with the Easterlyline of said Sublot No. 33 about 95feet 5 inches to the Southerly lineof Aberdeen Avenue, N.E.; thenceEasterly along the Southerly line ofAberdeen Avenue, N.E., 30 feet tothe place of beginning.



County of Cuyahoga and State ofOhio, and known as being parts ofSublots Nos. 32 and 33 in J.H.Hardy’s Subdivision of parts of Orig-inal One Hundred Acre Lots Nos. 345and 383, as shown by the recordedplat in Volume 5 of Maps, Page 31of Cuyahoga County Records andtogether bounded and described asfollows:

Beginning in the Southerly line ofAberdeen Avenue, N.E., Proposed 32feet in width, which Southerly lineis parallel with and distant Souther-ly 10 feet from the Southerly line ofAberdeen Avenue, N.E., 22 feet inwidth as recorded in Volume 16 ofMaps, Page 20 of Cuyahoga CountyRecords at a point distant Westerly20 feet front the Easterly line ofsaid Sublot No. 33, said point ofbeginning also in the Westerly lineof land conveyed by David Morisonunmarried to Albert and AugustaMueller, by deed dated August 14,1908 and recorded in Volume 1175,Page 69 of Cuyahoga CountyRecords; thence Southerly along theWesterly line of the land conveyedto Albert and Augusta Mueller, asaforesaid about 97 feet 7 inches toa point on the Northerly line of landconveyed to Flora C. Winch, by deeddated January 14, 1888, and record-ed in Volume 421, Page 533 of Cuya-hoga County Records, whichNortherly line is parallel with anddistant Northerly 120 feet from theSoutherly line of said Sublot No. 33and 32; thence Westerly along theNortherly line of land conveyed toFlora C. Winch, as aforesaid, 30 feetto the Southeasterly corner of landconveyed to Adolph and WilhelminaReibe, by deed dated December 28,1901, and recorded in Volume 786,Page 515 of Cuyahoga CountyRecords; thence Northerly along theEasterly line of land conveyed toAdolph and Wilhelmina Reibe, asaforesaid, to said Southerly line ofAberdeen Avenue, N.E., Proposed, 32feet in width; thence Easterly alongsaid Southerly line of Aberdeen N.E.,Proposed, 32 feet in width, 30 feetto the place of beginning



County of Cuyahoga and State ofOhio: bounded and described as fol-lows: known as being part of SublotNo. 32 in J.H. Hardy’s Subdivision ofa part of Original One Hundred AcreLots Nos. 345 and 383 as shown bythe recorded plat in Volume 5, Page31 of Cuyahoga County Records andbounded and described as follows:

Beginning at a point in the North-erly line of Sublot No. 32 which isthe Southerly line of Aberdeen Ave-nue, N.E., distant 10 feet Westerlyfrom the Northeasterly corner there-of; thence Southerly along a lineparallel with the Easterly line ofsaid Sublot about 108 feet to a pointdistant 120 feet Northerly from theSoutherly line of said Sublot; thenceWesterly and parallel with theSoutherly line of said Sublot 29 feet,6 inches; thence Northerly and par-allel with the Westerly line of saidSublot about 108 feet to the Norther-ly line thereof and the Southerlyline of Aberdeen Avenue; thenceEasterly along the Northerly line of


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said Sublot, 29 feet, 6 inches to theplace of beginning, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 31 and 32 in T. H.Hardy’s Subdivision of part of Orig-inal One Hundred Acre Lot Nos. 345and 383, as shown by the recordedplat in Volume 5 of Maps, Page 31of Cuyahoga County Records, andtogether forming a parcel of landbounded and described as follows:

Beginning on the Southerly line ofa 10 foot parcel of land excepted forstreet purposes in the deed fromFred Grosenbacher, Trustee, toJoseph Dollinger and KarlinaDollinger, dated June 4, 1890, andrecorded in Volume 476, ofCuyahoga County Records, at apoint 6 inches Easterly from itspoint of intersection with the West-erly line of said Sublot No. 31;thence Easterly along said Souther-ly line of said 10 feet parcel of landand the Easterly prolongation there-of, 40 feet; thence Southerly on aline parallel with the Westerly lineof said Sublot No. 32 and 6 inchesdistant Easterly therefrom, 98 feet;thence Westerly on a line parallelwith said Southerly line of said 10feet parcel of land 6 inches to saidWesterly line of Sublot No. 32;thence Northerly along said Wester-ly line of Sublot No. 32, 2 feet;thence Westerly on a line parallelwith said Southerly line of said 10foot parcel of land, 39 feet 6 inches;thence Northerly on a line parallelwith the Westerly line of saidSublot No. 31 and 6 inches distantEasterly therefrom, 96 feet to theplace of beginning, be the samemore less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being the North-westerly part of Sublot No. 31 in J.H.Hardy Subdivision of part of Origi-nal One Hundred Acre Lot No. 345and forming a parcel of land hav-ing a frontage of 0.50 feet on theSoutherly line of Berdeern Avenueand extending back of equal width98.47 feet, be the same more less, butsubject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being of SublotNo. 30 in J.H. Hardy’s Subdivision ofpart of Original One Hundred AcreLot Nos. 345 and 383, as shown bythe recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, and bounded and describedas follows:

Beginning on the center line ofAberdeen Avenue N.E. (formerly DotStreet), 32 feet wide at intersectionwith the Westerly line of AberdeenAvenue, N.E., 40 feet to the Easter-ly line of said Sublot; thenceSoutherly along the Easterly line ofsaid Sublot, 98 feet 5-3/4 inches tothe Northerly line of land conveyedto Flora C. Winch by deed dated

January 14, 1888 and recorded inVolume 421, Page 533 of CuyahogaCounty Records; thence Westerlyalong the Northerly line of land soconveyed, 40 feet to the Westerlyline of said Sublot; thence Norther-ly; along said Westerly line 98 feet10 inches to the place of beginning,as appears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 24, in J.H. Hardy’s Sub-division of part of Original OneHundred Acre Lots Nos. 345 and 383,as shown by the recorded plat inVolume 5 of Maps, Page 31 of Cuya-hoga County Records and boundedand described as follows:

Beginning on the Southerly line ofAberdeen Avenue, N.E., (as widenedto 32 feet) at its intersection withthe Westerly line of said Sublot No.24; thence Easterly along saidSoutherly line of Aberdeen Avenue,N.E., 40 feet to a point in the East-erly line of said Sublot No. 24;thence Southerly along Easterly lineof said Sublot No. 24; 100 feet 7 1/2inches to the Northeasterly corner ofland conveyed to Ron J. Green, byDeed dated September 23, 1969, andrecorded in Volume 12557, Page 749of Cuyahoga County Records; thenceWesterly along the Northerly line ofland so conveyed to Ronald J.Green, 40 feet to a point in the West-erly line of said Sublot No. 24;thence Northerly, 100 feet 11 1/2inches to the place of beginning, bethe same more or less, but subjectto all legal highways.



County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 23 in J.H. Hardy’s Subdi-vision of part of Original One Hun-dred Acre Lots Nos. 345 and 383, asshown by the recorded plat in Vol-ume 5 of Maps, Page 31 of CuyahogaCounty Records, and bounded anddescribed as follows:

Beginning at the intersection ofthe Southerly line of Aberdeen Ave-nue, N.E., 32 feet wide, with East-erly line of said Sublot No. 23;thence Westerly along the Souther-ly line of said Aberdeen AvenueN.E., 40 feet to the Westerly line ofsaid Sublot; thence Southerly alongthe Westerly line of said Sublot, 101feet; thence Easterly on a line par-allel with the Southerly line ofAberdeen Avenue, N.E., 40 feet tothe Easterly line of said Sublot;thence Northerly along the Easterlyline of said Sublot, 101 feet to theplace of beginning, as appears bysaid plat.



County of Cuyahoga and State ofOhio, and known as being a part ofSublot No. 22 in the J.H. Hardy’sSubdivision of part of Original OneHundred Acre Lot Nos. 345 and 383as shown by the recorded plat ofsaid Subdivision in Volume 5 of

Maps, Page 31 of Cuyahoga CountyRecords, and forming a parcel ofland bounded and described as fol-lows:

Beginning at an iron pipe in theSoutherly line of Aberdeen Avenue,N.E., as now established 32 feetwide, at its intersection with theEasterly line of Sublot No. 22; thenceWesterly along the Southerly line ofAberdeen Avenue, N.E. 31.00 feet toan iron pipe on the Northerly line ofland conveyed to Michael J. Doher-ty and Margaret M. Doherty by deeddated March 26, 1918, and recordedin Volume 2070, Page 26 of Cuya-hoga County Records, thenceSoutherly along the Easterly line ofsaid land so conveyed about 102 feetto a point; thence Easterly and par-allel to the Northerly line of Lock-year Avenue, 31.0 feet to an ironpipe on the Easterly line of SublotNo. 22; thence Northerly along theEasterly line of said Sublot No. 22,100.77 feet to the iron pipe at theplace of beginning, as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being part ofSublots Nos. 36 and 37 in J.H.Hardy’s Subdivision of part of Orig-inal One Hundred Acre Lots Nos. 345and 383, as shown by the recordedplat in Volume 5 of Maps, Page 31of Cuyahoga County Records, andbounded and described as follows:

Beginning on the Northerly line ofLockyear Avenue, N.E., (formerlyLockyear Avenue), at the South-easterly corner of said Sublot No. 37;thence Westerly along said Norther-ly line of Lockyear Avenue, N.E.,about 45 feet to its point of inter-section with the Westerly line ofland conveyed by Fred Grossen-bacher, Trustee, Fred Grossenbach-er and Barbara K. Grossenbacher,husband and wife, to Neils ChristianHertz, by deed dated March 31, 1890,and recorded in Volume 470 ofDeeds, Page 36 of Cuyahoga CountyRecords; thence Northerly alongsaid Westerly line of land conveyedto Neils Christian Hertz, 132-50/100feet; thence Easterly parallel withsaid Northerly line of said LockyearAvenue, N.E., about 45 feet to theEasterly line of said Sublot No. 37;thence Southerly along the Easterlyline of said Sublot No. 37, 132 50/100feet to the place of beginning.



County of Cuyahoga and State ofOhio, and known as being Sublot No.4 in M. and M. Halle’s Subdivisionof part of Original One HundredAcre Lot No. 344, as shown by therecorded plat in Volume 13 of Maps,Page 24 of Cuyahoga CountyRecords, and being 40 feet front onthe Westerly side of Wilmars Street(now East 68th Street), 120 feetdeep on the Northerly line, 120 feetdeep on the Southerly line, and 39feet, 11 58/100 inches on the rear, asappears by said plat, be the samemore or less, but subject to all legalhighways.



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County of Cuyahoga and State ofOhio, and known as being Sublot No.5 in M. and M. Halle’s Allotment ofpart of Original One Hundred AcreLot No. 344, as shown by the record-ed plat in Volume 13 of Maps, Page24 of Cuyahoga County Records andbeing 40 feet front on the Westerlyside of East 68th Street and extend-ing back between parallel lines 120feet deep, as appears by said plat,be the same more or less, but sub-ject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.6 in M. and M. Halle Subdivision ofpart of Original One Hundred AcreLot No. 344, as shown by the record-ed plat in Volume 13 of Maps, Page24 of Cuyahoga County Records, andforming a parcel of land 40 feetfront on the Westerly side ofWilmars Street; now known as East68th Street and extending backbetween parallel lines 120 feet asappears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.8 in George W. Whitney’s Allotmentof a part of Original One HundredAcre Lot No. 344, as shown by therecorded plat in Volume 7 of Maps,Page 29 of Cuyahoga CountyRecords, and being 40 feet front onthe Southerly; side of Whitney Ave-nue, N.E., and extending back ofequal width 185.82 feet deep on theEasterly line and 188 feet deep onthe Westerly line, as appears bysaid plat, be the same more or less,but subject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.9 in George W. Whitney’ Subdivisionof part of Original One HundredAcre Lot No. 344, as shown by therecorded plat of said Subdivision inVolume 7 of Maps, Page 29 of Cuya-hoga County Records. Said SublotNo. 9 has a frontage of 40 feet onthe Southerly side of WhitneyAvenue, N.E., and extends back183.64/100 feet on the Easterly line,185.82/100 feet on the Westerly line,and has a rear line of 40 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 14 in George W. Whit-ney’s Subdivision of part of OriginalOne Hundred Acre Lot No. 344, asshown by the recorded plat in Vol-ume 7 of Maps, Page 29 of CuyahogaCounty Records, and being 40 feetfront on the Southerly side of Whit-ney Avenue, N.E., and extendingback 174 9/10 feet on the Westerly

line, 172.71 feet on the Easterly lineand is 40 feet wide in the rear, asappears by said plat.



County of Cuyahoga and State ofOhio, and known as being part ofOriginal One Hundred Acre Lot No.344 and part of Sublot No. 35 in M.and M. Halle’s Subdivision of part ofOriginal One Hundred Acre Lot No.344, as shown by the recorded platin Volume 13 of Maps, Page 24 ofCity and together forming a parcelof land, bounded and described asfollows:

Beginning on the Westerly line ofRussell Road, N.E. 50 feet wide at apoint 175 74/100 feet Southerly, mea-sured along said Westerly line fromits point of intersection with theSoutherly line of Superior Avenue,N.E. 80 feet wide; thence Westerlyon a line parallel to said Southerlyline of Superior Avenue, N.E. 11456/100 feet to the Westerly line ofsaid Sublot No. 35; thence Southerlyalong the Westerly line of saidSublot No. 35, 34 78/100 feet; thenceEasterly along a line parallel tosaid Southerly line of SuperiorAvenue, N.E. 118 47/100 feet to theWesterly line of Russell Road, N.E.,thence Northerly along the saidWesterly line of Russell Road, N.E.,35 feet to the place of beginning, bethe same more less, but subject toall legal highways.



County of Cuyahoga and State ofOhio, and known as being a part ofSublot No. 35 in M. and M. Halle’sSubdivision of part of Original OneHundred Acre Lot No. 344, as shownby the recorded plat of said Subdi-vision in Volume 13 of Maps, Page24 of Cuyahoga County Records, andalso a part of Original One HundredAcre Lot No. 344 no subdivided. Saidpart of said Sublot No. 35 and partof said Original One Hundred AcreLot No. 344 taken together forminga parcel of land bounded anddescribed as follows:

Beginning in the Westerly line ofRussell Road, N.E., at the South-easterly corner of a parcel of landconveyed by Barbara Keller and herhusband to Mary F. Oswald by deeddated February 26, 1901 and record-ed in Volume 780, Page 39 of Cuya-hoga County Records, said begin-ning point according to said deed is210 74/100 feet distant Southerlyfrom the intersection of said West-erly line of Russell Road, N.E. withthe Southerly line of SuperiorAvenue, N.E.; thence Westerly in theSoutherly line of land conveyed toOswald, which line according to theaforesaid deed is drawn parallelwith the Southerly line of SuperiorAvenue, N.E., a distance of 118.47feet to the West line of Sublot No.35; thence Southerly in the West lineof said Sublot No. 35, a distance ofabout 36 feet to the Northwesterlycorner of a parcel of land conveyedby Barbara Keller to John H.Borges and wife, by deed dated July2, 1917 and recorded in Volume 1992,Page 400 of Cuyahoga CountyRecords; thence Easterly in theNorth line of land conveyed to

Borges, which line according to saiddeed is drawn parallel with theSoutherly line of Superior Avenue,N.E. a distance of about 119 feet tothe Westerly line of Russell Road,N.E.; thence Northerly in the West-erly line of Russell Road, N.E. , dis-tance of 35 feet to the place ofbeginning, as appears by said plat,be the same more or less, but sub-ject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.21 in L.M. Southern’s Subdivision ofpart of Original East ClevelandTownship Lot Nos. 344 and 345 nowin said city. Said Sublot No. 21 being49 feet front on the Westerly side ofRussell Avenue and extends back230 feet on its Northerly line and 237feet on its Southerly line and is 20feet wide in the rear, according tothe plat of said Subdivision record-ed in Volume 6, Page 9 of CuyahogaCounty Records, be the same moreless, but subject to all legal high-ways.



County of Cuyahoga and State ofOhio, and known as being part ofSublots Nos. 32, 33, 34, 35 and 36 inJohn Van Driel’s Allotment of partof Original One Hundred Acre LotNo. 383, as shown by the recordedplat of said Allotment in Volume 7of Maps, Page 31 of Cuyahoga Coun-ty Records, together forming a par-cel of land, bounded and describedas follows:

Beginning on the Northerly line ofWade Park Avenue, N.E., (70 feetwide) at a point distant Westerly 43feet from its point of intersectionwith the Westerly line of East 80thStreet (40 feet wide); thence North-erly parallel with the Westerly lineof East 80th Street, 140 feet to theSoutherly line of land conveyed toNathan Hamar and Joe Primack bydeed dated May 13, 1920 and record-ed in Volume 2410, Page 260 ofCuyahoga County Records; thenceWesterly along the Southerly line ofland so conveyed to Nathan Hamarand Joe Primack, as aforesaid,about 40 feet to the Northeasterlycorner of land conveyed to MollieKraus and Elsie Brown by deeddated April 6, 1921 and recorded inVolume 2532, Page 149 of CuyahogaCounty Records; thence Southerlyalong the Easterly line of land soconveyed to Mollie Kraus and ElsieBrown, as aforesaid, 140 feet to apoint in the Northerly line of WadePark Avenue, N.E., thence Easterlyalong the Northerly line of WadePark Avenue, N.E., about 40 feet tothe place of beginning.



County of Cuyahoga and State ofOhio, and known as being parts ofSublots Nos. 32, 33, 34, 35 and 36 inJohn Van Driel’s Subdivision of partof Original One Hundred Acre LotNo. 383, as shown by the recordedplat of Subdivision in Volume 7,Page 31 of Cuyahoga CountyRecords of Maps and bounded anddescribed as follows:


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Beginning at the intersection ofthe Northerly line of Wade ParkAvenue, N.E., with Westerly line ofsaid Sublot No. 36, as shown by therecorded Map of the opening of saidWade Park Avenue, in Volume 11,Page 6 of Cuyahoga CountyRecords; thence Northerly along theWesterly line of said Sublots Nos.36, 35, 34, 33 and 32, 140 feet; thenceEasterly parallel with the Northerlyline of said Wade Park Avenue,N.E., 40 feet; thence Southerly; par-allel with the Westerly line of saidSublots Nos. 32, 33, 34, 35 and 36, 140feet to the Northerly line of WadePark Avenue, N.E.; thence Westerlyalong the Northerly line of WadePark Avenue, N.E., 40 feet to theplace of beginning, as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio: and known as being part ofOriginal One Hundred Acre LotNo.342, and bounded and describedas follows:

Beginning at the intersection ofthe Southerly line of Cory Avenue,N.E. with the Northeasterly line ofAddison Road N.E. (formerly EastMadison Avenue); thence Southeast-erly along said Northeasterly line ofAddison Road, N.E. 46 ft.; thenceEasterly and parallel with theSoutherly line of Cory Avenue, N.E.to the Westerly line of land con-veyed to Adelia I. Branigan by Deeddated March 2, 1911 and recorded inVolume 1327, Page 243 of CuyahogaCounty Records; thence Northerlyalong said Westerly line of landconveyed to Adelia I. Branigan asaforesaid to the Southerly line ofCory Avenue, N.E.; thence Westerlyalong the Southerly line of CoryAvenue, N.E. 113.54 ft. to the placeof beginning and being furtherknown as parts of Sublot Nos. 21and 22 in Emily G. Cory’s ProposedSubdivision of part of Original OneHundred Acre Lot Nos. 342 and 391,be the same more or less, but sub-ject to all legal highways.


County of Cuyahoga and State ofOhio and known as being part ofSublot No. 21 in Whitethorn Avenue,N.E. Allotment of part of Original100 Hundred Acre Lots Nos. 342 and391, as shown by the recorded platin Volume 34 of Maps, Page 30 ofCuyahoga County Records, andbounded and described as follows:

Beginning in the NortheasterlyLine of Addison Road, N.E. at theSouthwesterly corner of said SublotNo. 21; thence Northwesterly alongsaid Northeasterly line of AddisonAvenue, N.E., 36 ft.; thence Easterlyparallel with the Northerly line saidSublot No. 21, 131.42 ft. to the East-erly line of said Sublot No.21; thenceSoutherly along said Easterly lineof said Sublot No. 21, 30.03 ft. to theSoutheasterly corner thereof; thenceWesterly along the Southerly line ofsaid Sublot No. 21, 111.57 ft. to theplace of beginning, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio and known as being part ofSublot No. 21 in, Whitethorn Avenue,N.E. Allotment of part of Original100 Hundred Acre Lots Nos. 342 and391, as shown by the recorded platin Volume 34 of Maps, Page 30 ofCuyahoga County Records, andbounded and described as follows:

Beginning in the NortheasterlyLine of Addison Road, N.E. at theSouthwesterly corner of said SublotNo. 21; thence Northwesterly alongsaid Northeasterly line of AddisonAvenue, N.E., 36 ft.; thence Easterlyparallel with the Northerly line saidSublot No. 21, 131.42 ft. to the East-erly line of said Sublot No. 21;thence Southerly along said Easter-ly line of said Sublot No. 21, 30.03 ft.to the Southeasterly corner thereof;thence Westerly along the Souther-ly line of said Sublot No. 21, 111.57ft. to the place of beginning, be thesame more or less, but subject to alllegal highways.


County of Cuyahoga and State ofOhio and known as being Sublot No.22 in William Ambler’s WhitehornAvenue Allotment of part of Origi-nal 100 Acre Lot Nos. 342 and 391 asshown by the recorded plat in Vol-ume 34, Page 30 of Cuyahoga Coun-ty Map Records, be the same moreor less, but subject to all legal high-ways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.91, in Joseph Hoffman Posen Subdi-vision of part of Original One Hun-dred Acre Lot Nos. 375 and 376 asshown by the recorded plat in Vol-ume 20 of Maps, Page 29 of Cuya-hoga County Records and being 30feet front on the Northerly side ofKosciuszko Avenue, (formerly Hoff-man Street), and extending back ofequal width 105 feet, to the center-line of vacated Hedwig Court in therear, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and described as follows towit: and known as being Sublot No.90 and the Southerly 6 feet of Hed-wig Court vacated September 16,1958 by Ordinance No. 917-58 asshown by the recorded plat in Vol-ume 170 of Maps, Page 9 of Cuya-hoga County Records, in JosephHoffman Posen Subdivision of partof Original One Hundred Acre LotNos. 375 and 376 as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and together forming aparcel of land 30 feet front on theNortherly side of Kosciuszko Ave-nue and extending back of equalwidth 105 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being SublotNos. 66 and 67 in D.H. Kimberley’sSubdivision of part of Original OneHundred Acre Lot No. 375 as shownby the recorded plat in Volume 18of Maps, Page 11 of Cuyahoga Coun-ty Records, and together forming aparcel of land 60 feet front on theNortherly side of Medina Avenue,N.E. (formerly Medina Street) andextending back of equal width 72.50feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.86 in D.H. Kimberley’s Subdivision,of part of Original One HundredAcre Lot No. 375, as shown by therecorded plat in Volume 18 of Maps,Page 11 of Cuyahoga CountyRecords, and being 30 feet front onthe Southerly side of BellevueAvenue, N.E., and extending back ofequal width 72.50 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.43 in the Posen Subdivision of partof Original One Hundred Acre LotNos. 375 and 376 as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and being 40 feet front onthe Southerly side of KosciuszkoAvenue, N.E.,and extending back ofequal width 100 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.44 in the Posen Subdivision of partof Original One Hundred Acre LotNos. 375 and 376 as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and being 40 feet front onthe Southerly side of KosciuszkoAvenue, N.E., and extending back ofequal width 100 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being SublotNo.10 in Bergholz and Binder Allot-ment of part of Original One Hun-dred Acre Lot No. 383 as shown bythe recorded plat in Volume 8 ofMaps, Page 5 of Cuyahoga CountyRecords and being 40 feet front onthe Westerly side of East 80thStreet, and extending back betweenparallel lines 142.42 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being the


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Southerly 25 feet of Sublot No. 11 inBergholz and Binder’s Allotment ofpart of Original One Hundred AcreLot No. 383 as shown by the record-ed plat in Volume 8 of Maps, Page5 of Cuyahoga County Records, andbeing 25 feet front on the Westerlyside of East 80th Street (formerlyRobinson Avenue) and extendingback of equal width between paral-lel lines 142.42 feet to the Easterlyside of East 79th Street, as appearsby said plat, be the same more orless, but subject to all legal high-ways.



County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 17, 18, and 19 in thePosen Subdivision of part of Origi-nal One Hundred Acre Lot Nos. 375and 376, as shown by the recordedplat of said Subdivision in Volume20 of Maps, Page 29 of CuyahogaCounty Records and bounded anddescribed as follows:

Beginning on the Westerly line ofEast 85th Street, now established, 40feet wide, at its intersection withthe Southerly line of KosciuszkoAvenue, N.E. (formerly HoffmanAvenue), thence Southerly along theWesterly line of East 85th Street, 32feet to the Northeasterly corner ofland conveyed to Charles P. Rooneyand Margaret Rooney, by deed datedSeptember 10, 1909, and recorded inVolume 1214, Page 62 of CuyahogaCounty Records, thence Westerlyalong the Northerly line of land soconveyed to Charles P. and Mar-garet Rooney, 80.82 feet to the East-erly line of said Sublot No. 20, in thePosen Subdivision, thence Northerlyalong the Easterly line of saidSublot No. 20, 32 feet to the Souther-ly line of Kosciuszko Avenue, N.E.,thence Easterly along the Southerlyline of Kosciuszko Avenue, N.E.,80.77 feet to the place of beginning,and further known as the Northerly32 feet of Sublot No. 25 in the Cleve-land Land Company’s new SuperiorAllotment, proposed, be the samemore less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being parts ofSublot Nos. 17, 18 and 19 in thePosen Subdivision of part of Origi-nal One Hundred Acre Lot Nos. 375and 376 as shown by the recordedplat on Page 20 of Maps, Page 29 ofCuyahoga County Records, andtogether forming a parcel of landbounded and described as follows:

Beginning on the Westerly line ofEast 85th Street as described in thedeed to the City of Cleveland datedAugust 11, 1919 and recorded in Vol-ume 2864, Page 261 of CuyahogaCounty Records, at a point 35 feetNortherly, measured along saidWesterly line from its point of inter-section with the Southerly line ofsaid Original One Hundred Acre LotNo. 375, thence Westerly on a lineparallel to the Southerly line of saidOriginal Lot No. 375, 81.06 feet to thefeet to the Westerly line of SublotNo. 19, thence Northerly along saidWesterly line of Sublot No. 19, 33

feet, thence Easterly on a line par-allel to the Southerly line of saidOriginal Lot No. 375 about 80.82 feetto the said Westerly line of East85th Street, thence Southerly alongsaid Westerly line of East 85thStreet, 33 feet to the place of begin-ning and being further known asthe Northerly 30 feet of Sublot No.24 and the Southerly 3 feet of SublotNo. 25 in The Cleveland Land Com-pany’s Proposed New Superior Allot-ment of part of Original One Hun-dred Acre Lot Nos. 375 and 383.Excepting therefrom the rear 17 feetthereof conveyed to KonstantyGrabowski by deed dated April 27,1910 and recorded in Volume 1267,Page 524 of Cuyahoga CountyRecords.



County of Cuyahoga and State ofOhio, and known as being a part ofOriginal One Hundred Acre Lot No.383, bounded and described as fol-lows:

Beginning on the Easterly line ofEast 81st Street (formerly Marsh-land Avenue), as dedicated by platrecorded in Volume 31 of Maps,Page 6 of Cuyahoga CountyRecords, at a point 124.72 feetNortherly from its point of intersec-tion with the Northerly line of Supe-rior Avenue, N.E., (formerly Superi-or Street); thence Northerly alongsaid Easterly line of East 81stStreet, 253.33 feet; thence Easterlyon a line of right angles to saidEasterly line, 60 feet; thenceSoutherly parallel with said Easter-ly line of East 81st Street, 253.33feet; thence Westerly 60 feet to theplace of beginning and being fur-ther known as Sublots Nos. 30, 31,32, 33, 34, 35, 36, 37, 38, 39, 40, 41,and 42 in Cody and Kilpatrick’s Pro-posed Subdivision of part of Origi-nal One Hundred Acre Lot No. 383,be the same more or less, but sub-ject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.67 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383 as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records and being 33 feet fronton the Westerly side of East 82ndStreet (formerly North GenesseeAvenue) and extending back 75.77feet on the Northerly line, 75.79 feeton the Southerly line and having arear line of 33 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.66 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383, as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records and being 33 feet fronton the Westerly side of East 82ndStreet, 75-76/100 feet deep on theNortherly line, 75-77/100 feet deep onthe Southerly line and 33 feet in the

rear, as appears by said plat, be thesame more or less, but subject to alllegal highways.


County of Cuyahoga and State ofOhio, and known as being theSoutherly 32 feet from front to rearof Sublot No. 128 in A.P. Cody’sSuperior Street Subdivision of partof Original One Hundred Acre LotNo. 383, as shown by the recordedplat in Volume 26 of Maps, Page 10of Cuyahoga County Records, andbeing 32 feet front on the Westerlyside of East 83rd Street, and extend-ing back of equal width 76 feet asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.129 in A.P. Cody’s Superior StreetSubdivision, of part of Original OneHundred Acre Lot No. 383, as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Westerly side of East 83rdStreet, and extending back of equalwidth 76 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.150 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383 as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 34 feet fronton the Easterly side of East 83rdStreet, and extending back of equalwidth, 76 feet deep, as appears bysaid plat, be the same more or less,but subject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.156 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383 as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Easterly side of East 83rdStreet (formerly Fancher Avenue)and extending back of equal width76 feet deep as appears by said plat,be the same more or less, but sub-ject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.157 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383 as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Easterly side of East 83rdStreet and extending back of equalwidth 76 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



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County of Cuyahoga and State ofOhio, and known as being Sublot No.158 in A.P. Cody’s “Superior Street”Subdivision of part of Original OneHundred Acre Lot No. 383, as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Easterly side of East 83rdStreet and extending back of equalwidth 76 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.159 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383, as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Easterly side of East 83rdStreet and extending back of equalwidth 76 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.160 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383, as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Easterly side of East 83rdStreet, and extending back of equalwidth 76 feet as appears by saidplat, be the same more or less, butsubject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.161 in A.P. Cody’s Superior StreetSubdivision of part of Original OneHundred Acre Lot No. 383, as shownby the recorded plat in Volume 26of Maps, Page 10 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Easterly side of East 83rdStreet, and extending back of equalwidth 76 feet deep as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.24 in W.J. Crawford’s and JamesParmalee’s Subdivision of part ofOriginal One Hundred Acre Lot No.384, as shown by the recorded platin Volume 16 of Maps, Page 5 ofCuyahoga County Records, andbeing 40 feet front on the Easterlyside of East 92nd Street, (formerlyShepherd Street) and extendingback of equal width 110 feet deep,as appears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State of

Ohio, and known as being the SublotNo. 23 in Crawford and Parmalee’sAllotment of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat of said Allot-ment in Volume 16 of Maps, Page 5of Cuyahoga County Records, andbeing 40 feet front on the Easterlyside of East 92nd Street and extendsback between parallel lines 110 feet,as appears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and bounded and described asfollows, to wit: and known as beingSublot No. 128 according to plat ofthe Subdivision made by W.J. Craw-ford and James Parmelee, of part ofOriginal One Hundred Acre Lot No.384, formerly in East ClevelandTownship, now in City of Cleveland,and recorded in Volume 16 of Maps,Page 5 of Cuyahoga CountyRecords. Said Sublot No. 128 has afrontage of 40 feet on the Easterlyside of East 92nd Street (formerlyShiperd Street) and extends backbetween parallel lines 110 feet, bethe same more or less, but subjectto all legal highways.

Covenants and restriction in Vol-ume 508, Page 467 of CuyahogaCounty Records.



County of Cuyahoga and State ofOhio, and known as being Sublot No.129 in W. J. Crawford and JamesParmelee’s Subdivision of part ofOriginal One Hundred Acre Lot No.384, as shown by the recorded platin Volume 16 of Maps, Page 5 ofCuyahoga County Records, andbeing 40 feet front on the Easterlyside of East 92nd Street, (formerlyShipherd Street) and extending backof equal width 110 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.

Also subject to zoning ordinances.


County of Cuyahoga and State ofOhio, and known as being Sublot No.137 in W.J. Crawford and Jas. Par-malee’s Subdivision of part of Orig-inal One Hundred Acre Lot No. 384,as shown by the recorded plat inVolume 16 of Maps, Page 5 of Cuya-hoga County Records, and being 30feet front on the Easterly side ofEast 92nd Street (formerly ShipherdStreet) and extending back of equalwidth 110 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.138 in Crawford and Parmelee’s Sub-division of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat in Volume 16of Maps, Page 5 of Cuyahoga Coun-ty Records, and being 32 feet fronton the Easterly side of East 92nd

Street (formerly Shipherd Street)and extending back 110 feet deep,as appears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being theSoutherly 91 feet of Sublots Nos. 165and 166 in W.J. Crawford and Jas.Parmelee’s Subdivision of part ofOriginal One Hundred Acre Lot No.384 as shown by the recorded platin Volume 16 of Maps, Page 5 ofCuyahoga County Records andtogether forming a parcel of landbounded and described as follows:

Beginning on the Northerly line ofWade Park Avenue, N.E., (formerlyWade Park Avenue), at its point ofintersection with the Easterly lineof East 92nd Street (formerlyShipert Street); thence Easterlyalong said Northerly line of WadePark Avenue, N.E., 75 feet to theSoutheasterly corner of said SublotNo. 165; thence Northerly along theEasterly line of said Sublot No. 165,91 feet; thence Westerly on a lineparallel to the Northerly line of saidWade Park Avenue, N.E., 75 feet tothe Easterly line of East 92ndStreet; thence Southerly along saidEasterly line of East 92nd Street 91feet to the place of beginning, asappears by said plat, be the samemore or less, but subject to all legalhighways.


County of Cuyahoga and State ofOhio, and known as being part ofSublots Nos. 164, 165 and 166 inCrawford and Parmelee’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 384, as shown bythe recorded plat in Volume 16 ofMaps, Page 5 of Cuyahoga CountyRecords and together forming a par-cel of land bounded and describedas follows:

Beginning on the Easterly line ofEast 92nd Street at the Northwest-erly corner of said Sublot No. 166;thence Easterly along the Northerlylines of said Sublots Nos. 166, 165and 164, 80 feet to a point 5 feetEasterly of the Northwesterly cornerof said Sublot No. 164; thenceSoutherly and parallel with theEasterly line of said Sublot No. 165,25 feet; thence Westerly and paral-lel with the Northerly line of saidSublot No. 164, 5 feet to the Easter-ly line of said Sublot No. 165; thenceSoutherly along the Easterly line ofsaid Sublot No. 165, 4 feet; thenceWesterly parallel with the Norther-ly lines of said Sublots Nos. 166 and165, 75 feet to the Easterly line ofEast 92nd Street; thence Northerlyalong the Easterly line of East 92ndStreet, 29 feet to the place of begin-ning, as appears by said plat.


County of Cuyahoga and State ofOhio, and known as being Sublot No.163 in W.J. Crawford and Jas.Parmellee’s Subdivision of part ofOriginal One Hundred Acre Lot No.384, as shown by the recorded platin Volume 16 of Maps, Page 5 ofCuyahoga County Records, andbeing 39.40 feet front on the East-erly side of East 92nd Street (for-merly Shepherd Street), and extend-ing back of equal width 110 feet,


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and having a rear line of 39.64 feet,as appears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.91 in Crawford and Parmelee Subdi-vision of part of Original One Hun-dred Acre Lot No. 384, as shown bythe recorded plat in Volume 16 ofMaps, Page 5 of Cuyahoga CountyRecords and being 40 feet front onthe Westerly side of East 93rdStreet, and extending back betweenparallel lines 110 feet, as appears bysaid plat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.90 according to the plat of the Sub-division made by W.J. Crawford andJames Parmelee of part of OriginalOne Hundred Acre Lot No. 384, for-merly in East Cleveland Township,now in the City of Cleveland, andrecorded in Volume 16 of Maps,Page 5 of Cuyahoga CountyRecords, said Sublot No. 90 has afrontage of 40 feet on the Westerlyside of East 93rd Street and extendsback of equal width 110 feet deep,according to said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.78 in W.J. Crawford and Jas.Parmelee’s Subdivision of part ofOriginal One Hundred Acre Lot No.384, as shown by the recorded platin Volume 16 of Maps, Page 5 ofCuyahoga County Records, andbeing 40 feet front on the Easterlyside of East 93rd Street and extend-ing back of equal width 110 feetdeep, as appears by said plat, be thesame more or less, but subject to alllegal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.77 in Crawford and Parmalee’s Sub-division of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat in Volume 16of Maps, Page 5 of Cuyahoga Coun-ty Records, and being 40 feet fronton the Easterly side of East 93rdStreet (formerly Mather Street) andextending back between parallellines 110 feet, as appears by saidplat.



County of Cuyahoga and State ofOhio, and known as being Sublot No.38 in W.H. Van Tine Jr. Trustee’sSubdivision of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat of said Subdi-vision in Volume 19 of Maps, Page29 of Cuyahoga County Records andbeing 33 feet front on the Easterlyside of East 88th Street, and extend-ing back between parallel lines,

111.97 feet deep on the Northerlyline and 112.07 feet deep on theSoutherly line, be the same more orless, but subject to all legal high-ways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.39 in W.H. Tine, Jr. Trusee’s Subdi-vision, of part of Original One Hun-dred Acre Lot No. 384, as shown bythe recorded plat in Volume 19 ofMaps, Page 29 of Cuyahoga CountyRecords, and being 32 feet front onthe Easterly side of East 88th Street(formerly Leroy Road) and extend-ing back about 112.07 feet on theNortherly line, about 112.16 feet onthe Southerly line and having a rearline of 32 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.40 in W.J. Van Tine, Jr. Trustee’sSubdivision of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat of said Subdi-vision in Volume 19 of Maps, Page29 of Cuyahoga County Record. SaidSublot No. 40 has a frontage of 30feet on the Easterly side of East88th Street (formerly Leroy Place),and extends back 112.16 feet on theNortherly line, 112.25 feet on theSoutherly line and has a rear lineof 30 feet, as appears by said plat,be the same more or less, but sub-ject to all legal highways.



County of Cuyahoga and State ofOhio, and known as all of Sublot No.69 in Curtiss and Abler’s Wade Parkand Superior Subdivision of part ofOriginal One Hundred Acre Lot No.384. Said Sublot No. 69 is 35 feetfront on the Easterly side of East90th Street (formerly Lindus Street)and extends back 92.16 feet on theNortherly line and 91.92 feet deep onthe Southerly line and is 35 feetwide in the rear, according to theplat of Subdivision, recorded in Vol-ume 21 of Maps, Page 5 of CuyahogaCounty Records, be the same moreless, but subject to all legal high-ways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.68 in Curtis and Ambler’s WadePark and Superior Subdivision ofpart of Original One Hundred AcreLot No. 384, as shown by the record-ed plat in Volume 21 of Maps, Page5 of Cuyahoga County Records andbeing 35 feet front on the Easterlyline of East 90th Street and extend-ing back of equal width, 91.68 feetdeep on the Southerly line, 91.92 feetdeep on the Northerly line, asappears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being a part ofOriginal One Hundred Acre Lot No.383, and bounded and described asfollows:

Beginning in the Westerly line ofEast 86th Street (formerly MarcyAvenue) at a point 120 feet Souther-ly measured along said Westerlyline, from its intersection with theSoutherly line of Decker Avenue,N.E., (formerly Gale Avenue);thence Westerly parallel with theSoutherly line of Decker Avenue,N.E., 134 feet; thence Southerly par-allel with the Westerly line of East86th Street, 57 feet; thence Easterlyparallel with the Southerly line ofDecker Avenue, N.E., 134 feet to theWesterly line of East 86th Street;thence Northerly along the Wester-ly line of East 86th Street, 57 feetto the place of beginning, being fur-ther known as Parcel No. 279 in L.M.Southern’s proposed Wade ParkAllotment of part of Original OneHundred Acre Lots Nos. 383 and 391,be the same more or less, but sub-ject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.27 in H.B. Cody’s Marcy AvenueAllotment of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat in Volume 25of Maps, Page 30 of Cuyahoga Coun-ty Records, and being 33 feet fronton the Westerly side of East 88thStreet (formerly Brookdale Street),and extending back 102.35 feet onthe Northerly line 102.33 feet on theSoutherly line, and having a rearline of 33 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.26 in H.B. Cody’s Marcy AvenueAllotment of part of Original OneHundred Acre Lot No. 384, as shownby the recorded plat of said Allot-ment in Volume 25 of Maps, Page 30of Cuyahoga County Records, andhaving frontage of 33 feet on theWesterly side of East 88th Street(formerly Brookdale Street) andextends back 102 33/100 feet on theNortherly line 102 31/100 feet on theSoutherly line and is 33 feet wide inthe rear, as appears by said plat, bethe same more or less, but subjectto all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.107 in W. J. Crawford and JamesParmelee’s Subdivision of part ofOriginal 100 Acre Lot No. 392, asshown by the recorded plat in Vol-ume 14 of Maps, Page 19 of Cuya-hoga County Records, and being 40feet front on the Easterly side ofEast 86th Street (formerly MarcyAvenue) and extending back ofequal width 120 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


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County of Cuyahoga and State ofOhio, and known as being Sublot No.108 in the W.J. Crawford and JamesParmelee’s Subdivision of part ofOriginal One Hundred Acre Lot No.392, as shown by the recorded platin Volume 14 of Maps, Page 19 ofCuyahoga County Records, andbeing 40 feet front on the Easterlyside of East 86th Street, and extend-ing back between parallel lines 120feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being part ofOriginal One Hundred Acre Lot No.392, and bounded and described asfollows:

Beginning on the Westerly line ofEast 93rd Street, at a point Norther-ly 306.08 feet, measured along saidWesterly line from its intersectionwith the Northerly line of HoughAvenue, N.E.; thence Westerly atright angles to the Westerly line ofEast 93rd Street, 150 feet to a point;thence Northerly parallel with theWesterly line of East 93rd Street, 40feet to a point; thence Easterly par-allel with the first described course,150 feet to the Westerly line of East93rd Street, thence Southerly alongthe Westerly line of East 93rdStreet, 40 feet to the place of begin-ning, and being further known asSublot No. 11 in Odell’s ProposedSubdivision, be the same more orless, but subject to all legal high-ways.



Beginning on the Westerly line ofEast 93rd Street (formerly HoltStreet) at a point 346.08 feet North-erly measured along said Westerlyline for its point of intersection withthe Northwesterly line of HoughAvenue, N.E.; thence Northerly alongsaid Westerly line of East 93rdStreet, 40 feet to the Southeasterlycorner of land conveyed to PaulLudwig and Emma Ludwig by deeddated October 29, 1913 and recordedin Volume 1492, Page 370 of Cuya-hoga County Records; thence West-erly along the Southerly line of landso conveyed to said Paul Ludwigand Emma Ludwig, 110 feet to theSouthwesterly corner of land con-veyed to Paul Ludwig and EmmaLudwig; thence Southerly on a lineparallel to and distant 15 feet East-erly from the Westerly line of landconveyed to Joanna Guneen by deeddated April 6, 1892 and recorded inVolume 515, Page 640 of CuyahogaCounty Records, a distance of 40feet to a point in the Northerly lineof land conveyed to Frank B.Herb-ster and Nellie M. Herbster by deeddated April 27, 1908 and recorded inVolume 1135, Page 612 of CuyahogaCounty Records; thence Easterlyalong the Northerly line of land soconveyed to Frank B. and Nellie M.Herbster, a distance of 110 feet tothe place of beginning and being

further known as the Easterly 110feet of Sublot No. 12 in Jay O’Dell’sproposed Allotment of part of Orig-inal One Hundred Acre Lot No. 392.

Also subject to all zoning ordi-nances, if any


County of Cuyahoga and State ofOhio, and known as being the West-erly 15 feet of Sublot No. 6 and theEasterly 33 feet of Sublot No. 7 inFord, Richardson and Stewart’sAllotment of part of Original OneHundred Acre Lot No. 393, as shownby the recorded plat in Volume 13of Maps, Page 8 of Cuyahoga Coun-ty Records, and together forming aparcel of land bounded anddescribed as follows:

Beginning on the Southerly line ofTalbot Avenue, N.E. (formerly Tal-bot Street) at a point distant 15 feetEasterly (measured along saidSoutherly line) from the Northwest-erly corner of said Sublot No. 6;thence Westerly along said Souther-ly line of Talbot Avenue, N.E.,. 48feet; thence Southerly on a parallelwith the Easterly line of said SublotNo. 7, about 109-44/100 feet to theSoutherly line of said Sublot No. 7;thence Easterly along said South-erly line of Sublot No. 7, 33 feet tothe Southeasterly corner thereof;thence Northerly along said Easter-ly line of Sublot No. 7, 74 feet to theSouthwesterly corner of said SublotNo. 6; thence Easterly along saidSoutherly line of said Sublot No. 6,15 feet; thence Northerly 35-34/100feet to the place of beginning, bethe same more or less, but subjectto all legal highways.


County of Cuyahoga and State ofOhio, and known as being the West-erly 7 feet of Sublot No. 7 and theEasterly 26 feet of Sublot No. 8 inFord, Richardson and Stewart’sAllotment of part of Original OneHundred Acre Lot No. 393, as shownby the recorded plat in Volume 13of Maps, Page 8 of Cuyahoga Coun-ty Records, and together forming aparcel of land 33 feet front on theSoutherly side of Talbot Avenue,N.E., and extending back betweenparallel lines about 109.46 feet onthe Easterly line, 109.58 feet on theWesterly line and having a rear lineof 33 feet, as appears by said plat,be the same more or less, but sub-ject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 8 and 9, in Ford,Richardson and Stewart’s Allotmentof part of Original One HundredAcre Lot No. 393, as shown by therecorded plat in Volume 13 of Maps,Page 8 of Cuyahoga County Recordsand together forming a parcel ofland having 31.50 feet frontage onthe Southerly side of Talbot Avenue,N.E. and being further described asfollows:

Beginning on the Southerly line ofTalbot Avenue, N.E., at the North-westerly corner of Sublot No. 8;thence East along the Southerly lineof Talbot Avenue, N.E. 14 feet to theprincipal place of beginning; thenceWesterly along the Southerly line ofTalbot Avenue, N.E. 31.50 feet;

thence South 6° 12' West 83.09 feet;thence South 44° 12' West 13.83 feet;thence South 0° 12' West 16.73 feetto the Southerly line of Sublot Nos.8 and 9; thence North 89° 47' East41.11 feet, measured along theSoutherly line of Sublot Nos. 8 and9, to a point located 14 feet Easter-ly from the Southwesterly corner ofSublot No. 8; thence North 0° 12’East 109.58 feet to the place ofbeginning, be the same more or less,but subject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being theSoutherly 27 81/100 feet from frontto rear of Sublot No. 16 in C.F.Pedrick’s Re-Subdivision of part ofEliza Hough and others’ Subdivisionof part of Original One HundredAcre Lot Nos. 391 and 392, as shownby the recorded plat of said Re-Sub-division in Volume 5 of Maps, Page19 of Cuyahoga County Records, andbeing 27 81/100 feet front on theEasterly side of East 84th Street(formerly William Street) andextending back of equal width 125feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being theNortherly 25 feet of Sublot No. 14, inC.F. and W.E. Pedrick’s Re-Subdivi-sion of part of Original One Hun-dred Acre Lot Nos. 391 and 392, asshown by the recorded plat in Vol-ume 5 of Maps, Page 19 of CuyahogaCounty Records, and being 25 feetfront on the Easterly side of East84th Street (formerly MinervaStreet), and extending back of equalwidth 125 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways;including the burden of an easementand right of way in perpetuity inand over the Northerly 4 feet of theWesterly 100 feet of the abovedescribed premises; and the benefitof an easement and right of way inperpetuity in an over the Southerly4 feet of the Westerly 100 feet of theNortherly 25 feet of Sublot No. 14, tobe used as a common driveway andmeans of ingress to an egress fromthe Southerly 25 feet and theNortherly 25 feet of Sublot No. 14 theowner of and each agrees with theother to maintain and keep in repairsaid common driveway and to shareequally the expense of maintainingand keeping said driveway and tokeep same free and unobstructed atall times.




Beginning in the Southerly line ofEdmunds Avenue, N.E., at a point470 feet Easterly from the Easterlyline of East 93rd Street; thence East-erly along the Southerly line ofEdmunds Avenue, N.E., 40 feet;thence Southerly along a line paral-


1469

lel with the Easterly line of East93rd Street, 155.7 feet to the Norther-ly line of a parcel of land conveyedby Harriet A. Herr and David Z.Herr to Charles Schmidt by deeddated October 15, 1878, and recordedin Volume 297, Page 345 of Cuya-hoga County Records; thence South-westerly along the line of land con-veyed to Charles Schmidt as afore-said, 40.56 feet; thence Northerlyalong a line parallel with the East-erly line of East 93rd Street. 161.8feet to the place of beginning, bethe same more or less, but subjectto all legal highways.



Beginning on the Southerly line ofEdmunds Avenue, N.E., (formerlyEdmunds Street), 50 feet wide, at apoint 430 feet Easterly, measuredalong said Southerly line from theEasterly line of East 93rd Street(formerly Holt Street), 50 feet wide;thence Easterly along said Souther-ly line of Edmunds Avenue, N.E., 40feet; thence Southerly on a line par-allel with said Easterly line of East93rd Street, 161.80 feet to the North-westerly line of land conveyed tothe Medical Products Building Com-pany by deed dated December 29,1936, and recorded in Volume 4697,Page 652 of Cuyahoga CountyRecords; thence Southwesterly alongthe Northwesterly line of land con-veyed to the Medical Products Build-ing Company, 40.56 feet; thenceNortherly parallel with the Easterlyline of East 93rd Street, 168.30 feetto the place of beginning, be thesame more or less, but subject to alllegal highways.


Section 15. That all documentsnecessary to complete the con-veyance authorized by this ordi-nance shall be executed within six(6) months of the effective date ofthis ordinance. If all of the docu-ments are not executed within six(6) months of the effective date ofthis ordinance, or such additionaltime as may be granted by theDirector of Community Develop-ment, this ordinance shall berepealed and shall be of no furtherforce or effect.



Section 18. That this ordinance ishereby declared to be an emergencymeasure and, provided it receives

the affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Ord. No. 148-03.By Council Members Lewis, White

and Jackson (by departmental re-quest).

An emergency ordinance to amendSection 127.44 and 127.45 of the Codi-fied Ordinances of Cleveland, Ohio,1976, as amended by various ordi-nances, relating to the Division ofInformation Systems Services andduties of the Commissioner, and toenact Section 127.451, relating to theOffice of Information TechnologyPlanning.



Section 1. That upon the concur-rence of the Board of Control, asrequired by Section 77 and 79 of theCharter of the City of Cleveland,Sections 127.44 and 127.45 of the Cod-ified Ordinances of Cleveland, Ohio,1976, as amended or enacted by Ordi-nance No. 89-92, passed January 27,1992, and 1285-93, passed July 14,1993, respectively, are amended toread as follows:

Section 127.44 Division of Infor-mation Technology and Services

There is established in the Depart-ment of Finance a Division of Infor-mation Technology and Services, tobe administered and controlled by aCommissioner of Information Tech-nology and Services subject to theprovisions of the Charter and ordi-nances of the City and to the super-vision and direction of the Directorof Finance.

Section 127.45 Duties of the Com-missioner of Information Technolo-gy and Services

The Commissioner of InformationTechnology and Services shallimplementation of information sys-tems requirements, plans, policiesand standards for use by the Depart-ment of Finance and other depart-ments of City government asrequested by the Mayor or the Direc-tors of the departments; the Direc-tors of the departments; oversee anannual information systems budget;supervise the City’s telephone com-munications network, equipment,services, and customer services (in-cluding the telephone exchange);keep records pertaining to the workof the Division as may be requiredby ordinance or rule or as may benecessary or useful for the efficientmanagement of the Division; andperform further duties as may fromtime to time be required by ordi-nance or by the Director of Finance.

Section 2. That upon the concur-rence of the Board of Control, asrequired by Sections 77 and 79 of theCharter of the City of Cleveland,Sections 127.44 and 127.45 of the Cod-ified Ordinances of Cleveland, Ohio,

1976, as amended or enacted by Ordi-nance No. 89-92, passed January 27,1992 and 1285-93, passed July 14,1993, respectively, are repealed.

Section 3. That upon concurrenceof the Board of Control, as requiredby Section 77 and 79 of the Charterof the City of Cleveland, the Codi-fied Ordinances of Cleveland, Ohio,1976, are supplemented by enactingnew Section 127.451 to read as fol-lows:

Section 127.451 Office of Informa-tion Technology Planning

There is established in the Depart-ment of Finance an Office of Infor-mation Technology Planning to bemanaged by the Chief technologyOfficer. The Office of InformationTechnology Planning shall evaluatethe City’s information technologyneeds; develop City-wide informa-tion technology strategies, plans,policies, and procedures, includingefforts to coordinate the City’sinternal information technology ser-vices and the information technolo-gy necessary for the interaction ofthe City with its citizens and insti-tutions; and perform further dutiesas may from time to time berequired by ordinance or by theDirector of Finance.

Section 4. That the concurrence ofthe Board of Control shall be evi-denced by a certified copy of the res-olution of the Board of Control dulyfiled with the Clerk of Council by theSecretary of the Board of Controlimmediately upon the adoption of theconcurring resolution, which resolu-tion shall be attached by the Clerkof Council to this ordinance.

Section 5. That any referencescontained in the Codified Ordinancesof Cleveland, Ohio, 1976, to the Divi-sion of Information System Servicesor Commissioner of Information Sys-tem Services shall be amended toread “Division of Information Tech-nology and Services” and “Commis-sioner of Information Technologyand Services.”

Section 6. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.



ing the sale of real property as partof the Land Reutilization Programand located at 6907 Linwood Avenueto Essie Grishom.


Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed of by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the Ohio


1470

Revised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now there-fore,


Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 106-13-034, asmore fully described below, to EssieGrishom.

Section 2. That the real propertyto be sold pursuant to this ordinanceis more fully described as follows:


County of Cuyahoga and State ofOhio, and known as being Sublot No.21 in Holden and Halle’s Subdivisionof part of Original One HundredAcre Lot No. 341 as shown by therecorded plat in Volume 7 of Maps,Page 14 of Cuyahoga CountyRecords and being 40 feet front onthe Northerly side of Beecher Street,now known as Linwood Avenue,N.E., and extending back of equalwidth 128 feet deep, as appears bysaid plat, be the same more or less,but subject to all legal highways.






Passed June 10, 2003.

Effective June 12, 2003.

Ord. No. 428-03.By Council Members Jackson,

Reed and Sweeney (by departmentalrequest).

An emergency ordinance authoriz-ing the Director of Public Service toenter into an amendment to ContractNo. 60176 with DLZ Ohio, Inc. to pro-vide additional design services forthe Kinsman Road watermain.

Whereas, under Ordinance No. 482-02, passed May 13, 2002, the Directorof Public Service entered into Con-tract No. 60176 with DLZ Ohio, Inc.to design the rehabilitation of theKinsman Road watermain project;and

Whereas, additional design ser-vices are necessary; and



Section 1. That the Director ofPublic Service is authorized to enterinto an amendment to Contract No.60176 with DLZ Ohio, Inc. to provideadditional design services for theKinsman Road watermain.

Section 2. That the amendmentshall be prepared by the Director ofLaw and shall contain any condi-tions or provisions that the Directordeems necessary to protect and ben-efit the City of Cleveland.

Section 3. That the cost of theamendment shall be paid from FundNo. 52 SF 001, Request No. 113860.




ing the sale of real property as partof the Land Reutilization Programand located at 5125 Luther Avenueto Philana Carroll.


Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed by the City ofCleveland through its Department ofCommunity Development under theterms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and



Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-

plies is hereby authorized to sellPermanent Parcel No(s). 104-22-032,as more fully described below, toPhilana Carroll.



County of Cuyahoga and State ofOhio, and known as being part ofblock L. in L.M. Southern’s surveyof part of Original Ten-Acre LotsNos. 127 to 131, both inclusive, asshown by the recorded plat in Vol-ume 11 of Maps, Page 41 of Cuya-hoga County Records, bounded, anddescribed as follows:

Beginning on the Northwesterlyline of Luther Avenue, N.E. (for-merly Elizabeth Street), at a point461.27 feet Northeasterly measuredalong said Northwesterly line, fromits point of intersection with theNortheasterly line of East 49thStreet (formerly Kirtland Street);thence Northeasterly along saidNorthwesterly line of LutherAvenue, 41.25 feet; thence North-westerly on a line at right angleswith said Northwesterly line ofLuther Avenue, N.E., 133.59 feet tothe Southeasterly line of an alley;thence Southwesterly along saidSoutheasterly line of said alley,41.25 feet; thence Southeasterly133.59 feet to the place of beginning,according to the survey by P.A.Jones, Engineer July 1917.








1471

Ord. No. 500-03.By Council Members Reed, John-

son and Jackson (by departmentalrequest).

An emergency ordinance to amendSection 2 of Ordinance No. 1079-01,passed August 15, 2001, relating toa grant from the 2001 Urban Parksand Recreation Recovery Programfor the rehabilitation of Bisbee Play-ground.



Section 1. That Section 2 of Ordi-nance No. 1079-01, passed August 15,2001, is amended to read as follows:

Section 2. That the application forsuch grant, File No. 1079-01-A, madea part hereof as if fully rewrittenherein, including the obligation ofthe City of Cleveland to provide cashmatching funds a sum not to exceed$215,000 from Fund No. 20 SF 382, ishereby approved in all respects.

Section 2. That existing Section 2of Ordinance No. 1079-01, passedAugust 15, 2001, is repealed.



Ord. No. 507-03.By Council Member White.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 9323 and 9325 MilesAvenue to Allen Chapel MissionaryBaptist Church.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 136-13-026and 136-13-029, as more fully de-scribed below, to Allen Chapel Mis-sionary Baptist Church.



County of Cuyahoga and State ofOhio, and known as being part ofOriginal One Hundred Acre LotsNos. 465 and part of Sublot No. 5 inthe Subdivision made by StephenForbes, Executor of the Estate ofAllen Gaylord, deceased, of part ofOriginal One Hundred Acre Lot No.465, as shown by the recorded platof said Subdivision, in Volume 3 ofMaps, Page 40 of Cuyahoga CountyRecords, and together bounded anddescribed as follows:

Beginning at a stone in theNortherly line of Miles Avenue, S.E.,at the Southwesterly corner of landformerly owned by Richard Cole-man, which stone is distant Easter-ly 199.16 feet from a point in theEasterly line of East 93rd Street,(formerly Woodland Hills Avenue)at its intersection with the Norther-ly line of Miles Avenue, S.E.; thenceNortherly at right angles with theNortherly line of Miles Avenue, S.E.,143.53 feet to the Southerly line ofsaid Sublot No. 5; thence Westerlyalong the Southerly line of SublotNo. 5 about 34-1/2 feet to the South-westerly corner of said Sublot No. 5;thence Northerly at right angleswith said Southerly line of saidSublot No. 5, 16.47 feet to a point inthe extension Westerly of the North-erly line of land conveyed to AlfredE. Coleman by deed dated Septem-ber 27, 1909 and recorded in Volume1209, Page 148 of Cuyahoga CountyRecords; thence Easterly parallelwith the Northerly line of MilesAvenue, S.E., and distant 160 feettherefrom 84-1/2 feet to the North-easterly corner of land conveyed toAlfred E. Colman as aforesaid;thence Southerly 160 feet to MilesAvenue, S.E. in a line parallel withthe first described line and distantEasterly 50 feet from the Southerlypart thereof, thence Westerly alongthe Northerly line of Miles Avenue,S.E. 50 feet to the place of begin-ning, be the same more or less, butsubject to all legal highways.




Beginning at a point in theNortherly line of Miles Avenue, S.E.,where said Northerly line intersectswith the Easterly line of R. Cole-man’s land which point is about 99feet Westerly from the intersectionof the Northerly line of Miles Ave-nue, S.E. with the Westerly line ofEast 94th Street (formerly AlwaterStreet); thence Northerly along saidR. Coleman’s Easterly line, 118 feetto an alley; thence Easterly on aline parallel with the Northerly lineof said Miles Avenue, S.E., 35 feet;thence Southerly on a line parallelwith the Easterly line of said R.Coleman’s land, 118 feet to theNortherly line of Miles Avenue, S.E.;thence Westerly along the Norther-ly line of Miles Avenue, S.E. 35 feetto the place of beginning, be thesame more or less, but subject to alllegal highways.







Ord. No. 514-03.By Council Member Cimperman.An emergency ordinance to desig-

nate East 14th Street from EuclidAvenue to Prospect Avenue as “BobHope Memory Lane” as a secondaryand honorary designation.



Section 1. That notwithstandingany provision of the Codified Ordi-nances of the City of Cleveland,Ohio, 1976, to the contrary, East14th Street from Euclid Avenue toProspect Avenue shall also beknown as “Bob Hope Memory Lane”as a secondary and honorary des-i g n a t i o n .




1472

Ord. No. 598-03.By Council Members Coats, Cim-

perman and Jackson (by depart-mental request).

An emergency ordinance deter-mining the method of making thepublic improvement of rehabilitat-ing and replacing the BroadviewRoad area sewer system, includingbut not limited to manholes andcatch basins, and authorizing theDirector of Public Utilities to enterinto one or more public improvementcontracts for the making of theimprovement.

Whereas, this ordinance consti-

tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-fore,

Be it ordained by the Council of

the City of Cleveland:Section 1. That, under Section 167

of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of rehabilitat-

ing and replacing the BroadviewRoad area sewer system, includingbut not limited to manholes andcatch basins, for the Division ofWater Pollution Control, Depart-

ment of Public Utilities, by one ormore contracts duly let to the low-est responsible bidder or biddersafter competitive bidding on a unit

basis for the improvement.Section 2. That the Director of

Public Utilities is authorized toenter into one or more contracts forthe making of the public improve-

ment with the lowest responsiblebidder after competitive bidding ona unit basis for the improvement,provided, however, that each sepa-rate trade and each distinct compo-

nent part of the improvement maybe treated as a separate improve-ment, and each, or any combination,of the trades or components may bethe subject of a separate contract on

a unit basis. All contracts enteredinto under this ordinance shall con-tain the MBE, FBE, and workforcegoals in effect ay the time the con-

tracts were bid.Section 3. That the cost of the

improvement authorized shall bepaid from Fund No. 54 SF 001,Request No. 109458.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, it

shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest period

allowed by law.



Ord. No. 600-03.By Council Member White (by re-

quest).An emergency ordinance to vacate

a portion of Gates Avenue.Whereas, on the day of October 21,

2002, the Council of the City of

Cleveland adopted Resolution No.1554-02 declaring its intention tovacate a portion of Gates Avenue,hereinafter described.

Whereas, notice of the adoption ofthe above Resolution No. 1554-02 hasbeen served upon the owners of allthe property abutting Gates Avenueaffected by said Resolution, notify-ing the said property owners of thetime and place at which objectionscan be heard before the Board ofRevision of Assessments, and

Whereas, on the 31st day ofMarch, 2003, the Board of Revisionof Assessments approved the vaca-tion of Gates Avenue hereinafterdescribed, in accordance with theprovisions of Section 176 of theCharter of the City of Cleveland;and

Whereas, this Council is satisfiedthat there is good cause for vacat-ing Gates Avenue, hereinafterdescribed and that it will not bedetrimental to the general interestand ought to be made; and



Section 1. That all that portion ofthe following described real proper-ty: situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and being all that portion ofthe following described real proper-ty:

Situated in the City of Cleveland,County of Cuyahoga, State of Ohio,and known as being a portion ofGATES AVENUE (90.00 feet wide)as shown on the Subdivision Plat forMill Creek Subdivision as recordedin Volume 279, Page 84, of CuyahogaCounty Map Records and is furtherdescribed as follows:

Beginning at a point in the south-easterly right-of-way of said GatesAvenue (90.00 feet wide) at the mostwesterly corner of Sublot 71 in saidMill Creek Subdivision.

Course I Thence South 47°-00'-17"West along said southeasterly right-of-way line, 58.36 feet to a point ofcurvature;

Course II Thence along saidsoutheasterly right-of-way line andalong an arc of a curve, deflectingto the left an arc distance of 12.45feet to a point of reverse curvature,having a radius of 20.00 feet and achord which bears South 29°-10'-31"West, 12.25 feet;

Course III Thence along saidsoutheasterly right-of-way line, andalong an arc of a curve deflectingto the right an arc distance of 37.34feet to a point of tangency, saidcurve having a radius of 60.00 feetand a chord which bears South 29°-10'-31" West, 36.74 feet;

Course IV Thence South 47°-00'-17" West, continuing along saidsoutheasterly right-of-way line, 70.00feet to a point of curvature;

Course V Thence along said right-of-way line, and along an arc of acurve deflecting to the right an arcdistance of 188.50 feet to a point oftangency, said curve having aradius of 60.00 feet and a chordwhich bears North 42°-59'-43" West,120.00 feet;

Course VI Thence North 46°-00'-17" East, along the northwesterlyright-of-way line of said GatesAvenue, 70.00 feet to a point of cur-vature;

Course VII Thence along saidnorthwesterly right line, and alongare of a curve deflecting to the rightan arc distance of 37.34 feet to apoint of reverse curvature, saidcurve having a radius of 60.00 feetand a chord which bears North 64°-50'-03" East, 36.74 feet;

Course VIII Thence along saidnorthwesterly right-of-way line, andalong an arc curve deflecting to theleft an arc distance of 12.45 feet toa point of tangency, said curve hav-ing a radius of 20.00 feet and achord which bears North 64°-50'-03"East, 12.25 feet;

Course IX Thence North 47°-00'-17" East, along said northwesterlyright-of-way line, 168.36 feet to apoint of curvature;

Course X Thence along said north-westerly right-of-way line, andalong an arc of a curve deflectingto the left an arc distance of 15.71feet to a point of tangency on thesouthwesterly right-of-way ofBrooks Road (50.00 feet wide), saidcurve having a radius of 10.00 feetand a chord which bears, North 02°-00'-17" East, 14.14 feet;

Course XI Thence South 42°-59'-43" East, along said southwesterlyright-of-way line of Brooks Road,40.00 feet to a point of curvature;

Course XII Thence along an arcof a curve deflecting to the right anarc distance of 15.71 feet to a pointof tangency, said curve having aradius of 10.00 feet and a chordwhich bears South 02°-00'-17" West,14.14 feet;

Course XIII Thence South 47°-00'-17" West, 110.00 feet to a point;

Course XIV Thence South 42°-59'-43" East, 50.00 feet to a point at thePlace of Beginning and containing0.6687 Acres of land as calculatedand described in October, 2001, byJoseph Gutoskey, P.S. 7567, be thesame more or less, but subject to alllegal highways.

Bearings are based on the Subdi-vision Plat, be and the same is here-by vacated.

Section 2. That there be and here-by is reserved to the City of Cleve-land an easement of full width asabove described for existing Divi-sion of Water equipment and Domin-ion East Ohio Gas equipment.

That no structures shall be here-inafter erected on the premisesdescribed in this easement exceptthose constructed in accordancewith the approval of, and in com-pliance with, plans approved by theCommissioner of the Division ofWater, and Dominion East Ohio Gas,of the City of Cleveland.

Section 3. That the Clerk of Coun-cil be and she is hereby directed tonotify the Auditor of CuyahogaCounty of the vacation of all thatportion of Bellflower Road N.E.,herein provided by sending him acopy of this Ordinance.

Section 4. That this Ordinance ishereby declared to be an emergencymeasure, and provided it receivedthe affirmative vote of two thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andits approval by the Mayor; otherwiseit shall take effect and be in forcefrom and after the earliest periodallowed by law.



1473

Ord. No. 605-03.

By Council Members Lewis and Jackson (by departmental request).

An emergency ordinance to amend Sections 5, 8, 11, 24, 27, 28, 29, 30, 31, 32, 34, 35, 37, 40, 44 and 46 of Ordinance

No. 384-03, passed March 10, 2003, relating to compensation for various classifications.

Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal

department; now, therefore,

Be it ordained by the Council of the City of Cleveland:

Section 1. That Sections 5, 8, 11, 24, 27, 28, 29, 30, 31, 32, 34, 35, 37, 40, 44 and 46 of Ordinance No. 384-03, passed

March 10, 2003, are amended to read as follows:

Section 5. Secretary of Civil Service Commission, Secretaries to Director, Secretary to Director of Department of

Port Control, Assistant Directors of Finance and Executive Assistants to the Mayor

That the salary of the Secretary of the Civil Service Commission, the salary of the Secretary to each Director

of a Department, the salary of the Assistant Director of Finance and the salaries of four Executive Assistants

to the Mayor shall be fixed by the Mayor in accordance with the following schedule:

Minimum Maximum

1. Four Executive Assistants to the Mayor.......................... $35,410.47 $134,810.38

2. Special Assistant to the Mayor............................................. $20,410.00 $ 90,000.00

3. Secretary to Directors of Departments.............................. $36,590.39 $128,960.00

4. Secretary of the Civil Service Commission...................... $25,011.85 $ 90,000.00

5. Secretary to Director of Department of Port Control........ $41,312.22 $133,780.47

6. Assistant Director of Finance............................................... $36,590.39 $128,960.00

7. Assistant Director of Finance for Technology............... $36,590.39 $128,960.00

Section 8. That salaries in the following classifications shall be fixed by the appointing authority in accordance

with the schedule appearing after each classification:

Minimum Maximum

1. Accountant I................................................................................. $ 9.20 $17.95

2. Accountant II............................................................................... $ 9.20 $19.69

3. Accountant III.............................................................................. $ 9.20 $21.83

4. Accountant Clerk I..................................................................... $ 9.20 $14.54

5. Accountant Clerk II................................................................... $ 9.20 $15.71

6. Activities Therapist................................................................... $ 9.20 $13.82

7. AIDS Support Services Coordinator..................................... $10.49 $15.46

8. Air Pollution Control Engineer I......................................... $ 9.20 $23.08

9. Air Pollution Control Engineer II....................................... $ 9.20 $24.33

10. Air Pollution Control Engineer III..................................... $ 9.50 $25.63

11. Air Pollution Engineer............................................................. $12.04 $18.02

12. Air Pollution Inspector I......................................................... $12.12 $18.57

13. Air Pollution Inspector II....................................................... $ 9.20 $20.71

14. Air Pollution Technician I...................................................... $ 9.20 $19.69

15. Air Pollution Technician II.................................................... $ 9.20 $20.71

16. Air Pollution Technician III.................................................. $ 9.20 $23.08

17. Airport Information Representative.................................... $10.02 $15.08

18. Airport Operations Agent I..................................................... $14.14 $18.65

19. Airport Operations Agent II................................................... $17.77 $21.95

20. Airport Safety Man.................................................................... $14.19 $19.07

21. Architect......................................................................................... $ 9.73 $27.14

22. Associate Engineer..................................................................... $17.83 $25.39

23. Assistant Buyer........................................................................... $ 9.20 $18.83

24. Assistant City Planner............................................................. $ 9.20 $19.69

25. Assistant Civil Engineer.......................................................... $ 9.20 $19.69

26. Assistant Electrical Engineer................................................ $ 9.20 $19.69

27. Assistant Mechanical Engineer............................................. $ 9.20 $19.69

28. Assistant Plan Examiner......................................................... $13.42 $20.71

29. Associate Programmer.............................................................. $ 9.20 $21.10

30. Bacteriologist................................................................................ $ 9.20 $21.82

31. Bill Collector................................................................................. $10.02 $15.08

32. Billing Clerk................................................................................. $ 9.89 $15.07

33. Building Inspector...................................................................... $14.26 $20.02

34. Camera Room Operator............................................................ $ 9.20 $17.14

35. Caseworker I................................................................................ $ 9.20 $16.37

36. Caseworker II.............................................................................. $ 9.20 $17.95

37. Cashier/Starter............................................................................. $ 9.20 $17.95

38. Chemist........................................................................................... $ 9.20 $23.85

39. Chief Miscellaneous Investigator.......................................... $ 9.20 $20.71

40. Citizens Information Representative................................... $ 9.20 $17.14

41. Civil Engineer.............................................................................. $ 9.50 $27.14

42. Claims Examiner......................................................................... $ 9.20 $20.71

43. Clerk Typist.................................................................................. $ 9.20 $11.24

44. Clinical Laboratory Assistant................................................ $ 9.20 $17.14

45. Clinical Laboratory Technician I......................................... $ 9.20 $19.69

46. Clinical Laboratory Technician II....................................... $ 9.20 $21.10


1474

47. Cocaine Treatment Counselor I............................................ $ 9.20 $16.30

48. Cocaine Intake Specialist........................................................ $ 9.95 $14.67

49. Community Development Code Enforcement

Inspector I................................................................................. $14.08 $21.84


Inspector II............................................................................... $14.89 $23.08


Inspector III.............................................................................. $15.70 $24.33


Inspector/Heating I............................................................... $14.08 $21.84


Inspection/Heating II........................................................... $14.89 $23.08


Inspection/Heating III.......................................................... $15.70 $24.33


Inspector/Refrigeration I..................................................... $14.05 $21.84


Inspector/Refrigeration II................................................... $14.89 $23.08


Inspector/Refrigeration III................................................. $15.70 $24.33


Inspector/Trainee.................................................................... $ 9.97 $17.62

59. Community Development Planner........................................ $ 9.87 $26.11

60. Community Health Aide........................................................... $ 9.20 $14.53

61. Community Relations Representative I............................. $ 9.20 $17.14

62. Community Relations Representative II........................... $ 9.20 $20.71

63. Community Relations Representative III.......................... $ 9.51 $25.63

64. Composing Equipment Operator............................................ $ 9.20 $18.83

65. Computer Monitor Assistant................................................... $ 9.20 $12.45

66. Computer Operator...................................................................... $ 9.20 $20.71

67. Construction Technician........................................................... $12.02 $20.71

68. Consumer Protection Specialist............................................. $ 9.20 $16.37

69. Contract and Monitoring Specialist..................................... $ 9.20 $21.91

70. Cook................................................................................................. $11.38 $14.18

71. Copy Center Operator................................................................ $ 9.20 $16.64

72. Cost Construction Estimator................................................... $ 9.20 $20.16

73. Customer Service Representative......................................... $10.03 $15.70

74. Data Control Clerk..................................................................... $ 9.20 $15.09

75. Data Conversion Operator....................................................... $ 9.92 $13.67

76. Dental Assistant.......................................................................... $ 9.20 $14.25

77. Development Officer.................................................................. $ 9.20 $24.32

78. Dietician......................................................................................... $ 9.20 $17.94

79. Drug and Alcohol Counselor.................................................. $ 9.20 $13.34

80. Electrical Engineer.................................................................... $ 9.50 $27.14

81. Electronic Engineer................................................................... $ 9.54 $27.63

82. Elevator Inspector...................................................................... $14.23 $21.84

83. Engineer......................................................................................... $22.78 $30.90

84. Environmental Compliance Specialist I............................. $14.95 $20.63

85. Environmental Compliance Specialist II........................... $16.35 $21.61

86. Environmental Compliance Specialist III......................... $17.90 $27.81

87. Environmental Enforcement Specialist I........................... $14.95 $21.48

88. Environmental Enforcement Specialist II......................... $16.35 $22.51

89. Environmental Enforcement Specialist III....................... $17.90 $23.59

90. Environmental Monitoring Specialist I.............................. $13.33 $21.29

91. Environmental Monitoring Specialist II............................ $14.18 $22.29

92. Environmental Monitoring Specialist III........................... $15.74 $23.36

93. Environmental Technician...................................................... $12.35 $18.56

94. Family Planning Clerk............................................................. $ 9.20 $12.57

95. Financial Analyst....................................................................... $ 9.20 $19.69

96. Financial Counselor................................................................... $ 9.20 $20.71

97. First Press Operator.................................................................. $12.00 $19.76

98. Fuel System Technician........................................................... $ 9.23 $18.30

99. General Health Aide.................................................................. $ 9.20 $14.54

100. General Storekeeper................................................................... $ 9.20 $21.83

101. Geriatric Outreach Worker..................................................... $ 9.20 $19.69

102. Head Cook..................................................................................... $ 9.20 $15.68

103. Head Storekeeper........................................................................ $ 9.20 $19.70

104. Health Educator I...................................................................... $ 9.20 $17.95

105. Health Educator II.................................................................... $ 9.20 $19.69

106. Heating Inspector....................................................................... $14.23 $20.02

107. HIV Educator............................................................................... $ 9.20 $11.46

108. House Connection Inspector................................................... $12.70 $16.74

109. Housing Inspector....................................................................... $14.60 $17.82

110. Human Resources Contract Specialist................................ $ 9.73 $27.13

111. Human Resources On-the-Job Training Specialist......... $10.21 $23.07


1475

112. Human Resources Planner...................................................... $10.74 $28.66

113. Human Resources Special Projects Coordinator............. $10.21 $23.07

114. Income Tax Tracer.................................................................... $10.04 $15.87

115. Industrial Hygiene Engineer................................................. $ 9.73 $27.13

116. Industrial Nuisance Inspector................................................ $ 9.20 $17.95

117. Information Control Analyst.................................................. $ 9.20 $18.79

118. Inspector of Weight and Measures..................................... $ 9.20 $16.37

119. Instrumentation Technician I................................................ $16.87 $19.28

120. Instrumentation Technician II.............................................. $18.83 $21.24

121. Instrument Repairman.............................................................. $ 9.20 $18.98

122. Intake Specialist......................................................................... $ 9.20 $14.54

123. Job Retraining Assistant......................................................... $ 9.20 $19.69

124. Junior Cashier.............................................................................. $ 9.20 $15.08

125. Junior Chemist............................................................................. $ 9.20 $15.71

126. Junior City Planner................................................................... $ 9.20 $17.95

127. Junior Civil Engineer............................................................... $ 9.20 $17.95

128. Junior Clerk.................................................................................. $ 9.89 $12.57

129. Junior Draftsman........................................................................ $ 9.20 $15.41

130. Junior Engineering Aide......................................................... $ 9.20 $15.71

131. Lab Coordinator........................................................................... $16.82 $23.88

132. Laboratory Assistant................................................................. $ 9.20 $17.14

133. Laboratory Helper...................................................................... $ 9.20 $13.54

134. Landscape Architect................................................................... $ 9.50 $25.63

135. Lead Pressman............................................................................. $ 9.20 $19.97

136. Life Guard..................................................................................... $ 9.20 $14.35

137. Life Guard Captain.................................................................... $10.00 $17.78

138. Mechanical Engineer................................................................. $ 9.50 $27.13

139. Messenger....................................................................................... $ 9.20 $13.54

140. Meter Reader................................................................................ $12.82 $17.12

141. Minority Business Consultant................................................ $11.15 $30.20

142. Miscellaneous Investigator...................................................... $ 9.20 $16.54

143. Monitoring, Auditing and Evaluation Coordinator........ $13.65 $19.99

144. Office Machine Operator.......................................................... $ 9.89 $13.18

145. On The Job Training Specialist........................................... $12.71 $19.31

146. Park and Recreation Planner................................................ $ 9.51 $25.63

147. Parking Attendant...................................................................... $ 9.20 $14.54

148. Parking Meter Collector........................................................... $ 9.20 $14.51

149. Parking Meter Serviceman...................................................... $13.62 $15.27

150. Permit Processing Specialist.................................................. $ 9.20 $12.18

151. Pharmacist..................................................................................... $10.74 $28.65

152. Pharmacodependent Rehabilitation Counselor I............. $ 9.20 $13.90

153. Pharmacodependent Rehabilitation Counselor II........... $ 9.20 $16.42

154. Photographer................................................................................ $ 9.20 $19.69

155. Photographic Laboratory Technician.................................. $ 9.20 $17.14

156. Photo-Litho Operator.................................................................. $ 9.20 $15.71

157. Physical Director........................................................................ $ 9.20 $17.71

158. Plan Examiner............................................................................. $ 9.20 $23.42

159. Play Director................................................................................ $ 9.20 $12.41

160. Police Data Specialist............................................................... $ 9.92 $16.38

161. Police Radio Technician.......................................................... $16.38 $18.66

162. Pressman........................................................................................ $ 9.20 $19.32

163. Preventive Health Counselor.................................................. $13.59 $20.03

164. Preventive Health Educator................................................... $ 9.20 $13.46

165. Principal Cashier........................................................................ $ 9.20 $21.10

166. Principal Clerk............................................................................ $11.93 $17.85

167. Print Shop Helper....................................................................... $10.61 $13.30

168. Private Secretary........................................................................ $ 9.20 $18.83

169. Program Analyst......................................................................... $16.64 $27.30

170. Programmer................................................................................... $ 9.20 $24.33

171. Programmer Analyst.................................................................. $ 9.73 $27.30

172. Property Clerk............................................................................. $11.37 $30.22

173. Psychiatric Social Worker....................................................... $12.48 $19.64

174. Psychologist I.............................................................................. $10.74 $26.12

175. Psychologist II............................................................................. $12.88 $30.79

176. Public Health Nursing Aide................................................... $10.63 $12.55

177. Public Health Sanitarian I..................................................... $12.78 $19.44

178. Public Health Sanitarian II.................................................... $14.35 $20.96

179. Public Health Sanitarian III.................................................. $15.49 $21.78

180. Public Health Sanitarian IV.................................................. $ 9.20 $26.50

181. Public Information Officer...................................................... $ 9.20 $20.71

182. Quality Assurance Analyst..................................................... $ 9.20 $24.32

183. Quality Control Coordinator................................................... $16.82 $23.89

184. Radio Dispatcher......................................................................... $17.33 $18.66

185. Radio Technician........................................................................ $16.38 $18.66

186. Receptionist................................................................................... $ 9.20 $13.86

187. Records Manager........................................................................ $ 9.84 $14.53


1476

188. Recreation Aide........................................................................... $ 9.20 $ 9.69

189. Recreation Instructor................................................................ $ 9.20 $14.54

190. Recreation Instructor I............................................................. $ 9.20 $15.49

191. Recreation Instructor II........................................................... $ 9.20 $16.09

192. Recreation Instructor III......................................................... $ 9.20 $17.02

193. Recreation Program Supervisor............................................ $ 9.20 $15.82

194. Redevelopment Advisor............................................................ $ 9.20 $21.83

195. Redevelopment Coordinator.................................................... $ 9.20 $24.33

196. Refrigeration Inspector............................................................ $14.26 $20.02

197. Refugee Outreach Worker....................................................... $ 9.20 $13.53

198. Registered Animal Health Technician............................... $ 9.20 $14.54

199. Rehabilitation Advisor.............................................................. $ 9.20 $18.83

200. Rehabilitation Inspector........................................................... $14.60 $24.33

201. Sanitarian Aide............................................................................ $11.62 $14.11

202. Second Press Operator.............................................................. $10.00 $17.68

203. Secretary......................................................................................... $ 9.20 $15.71

204. Secretary to Director of Consumer Affairs...................... $ 9.51 $25.63

205. Senior Assistant Architect....................................................... $ 9.20 $21.83

206. Senior Assistant City Planner............................................... $ 9.20 $21.83

207. Senior Assistant Civil Engineer........................................... $ 9.20 $21.83

208. Senior Assistant Electrical Engineer.................................. $ 9.20 $21.83

209. Senior Assistant Mechanical Engineer............................... $ 9.20 $21.83

210. Senior Assistant Traffic Engineer....................................... $ 9.20 $21.83

211. Senior Bacteriologist.................................................................. $ 9.20 $18.83

212. Senior Cashier.............................................................................. $ 9.20 $17.95

213. Senior Chemist............................................................................. $ 9.20 $20.71

214. Senior Clerk.................................................................................. $10.29 $14.74

215. Senior Computer Operator....................................................... $ 9.20 $24.33

216. Senior Contract and Monitoring Specialist....................... $11.34 $25.79

217. Senior Data Conversion Operator......................................... $10.80 $16.38

218. Senior Development Officer.................................................... $12.63 $31.91

219. Senior Draftsman........................................................................ $ 9.65 $17.61

220. Senior Engineering Draftsman and Photographer........ $ 9.20 $19.69

221. Senior Information Control Analyst.................................... $ 9.20 $20.71

222. Senior Laboratory Technician................................................ $10.86 $16.02

223. Senior Landscape Architect.................................................... $ 9.73 $27.13

224. Senior Site Inspector – Demolition...................................... $ 9.20 $23.07

225. Sewer Service Man..................................................................... $14.99 $17.12

226. Site Inspector................................................................................ $ 9.20 $20.71

227. Social Worker for Homeless.................................................. $13.82 $20.37

228. Starter (Golf)............................................................................... $ 9.20 $12.04

229. S.T.D. Clerk................................................................................... $ 9.20 $11.63

230. Stenographer I............................................................................. $ 9.77 $13.21

231. Stenographer II............................................................................ $10.77 $14.74

232. Stenographer III.......................................................................... $ 9.20 $16.37

233. Stock Clerk.................................................................................... $ 9.20 $16.19

234. Storekeeper.................................................................................... $ 9.20 $18.44

235. Street Obstruction Inspector................................................... $ 9.20 $17.14

236. Surveyor.......................................................................................... $ 9.20 $24.33

237. Tax Auditor I............................................................................... $10.60 $16.66

238. Tax Auditor II............................................................................. $12.41 $18.42

239. Technical Specialist................................................................... $ 9.20 $20.71

240. Technical Specifications Writer............................................ $ 9.20 $21.84

241. Telephone Operator.................................................................... $ 9.20 $15.08

242. Telephone Supervisor................................................................ $ 9.20 $15.71

243. Timekeeper.................................................................................... $ 9.20 $15.71

244. Traffic Engineer......................................................................... $ 9.50 $25.63

245. Traffic Sign and Marking Technician............................... $13.68 $15.71

246. Typist.............................................................................................. $ 9.92 $13.68

247. Urban Planning and Development Technician............... $ 9.20 $13.68

248. Utility Adjuster............................................................................ $10.64 $14.74

249. Vector Control Assistant.......................................................... $ 9.20 $13.11

250. Veteran’s Counselor................................................................... $ 9.20 $17.83

251. Water Hydraulic Repairman.................................................. $14.99 $17.12

252. Water Meter Repairman.......................................................... $14.99 $17.12

253. Water Pipe Repairman............................................................. $13.58 $17.12

254. Water Serviceman....................................................................... $ 9.20 $14.62

255. Water System Construction Inspector................................ $15.67 $21.39

Section 11. 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 $ 23.11

2. Assistant Superintendent of Sewer Maintenance........... $ 14.77 $ 23.47

3. Chief Meter Reader.................................................................... $ 13.26 $ 18.36


1477

4. Chief Radio Dispatcher-Water............................................... $ 15.12 $ 20.93

5. Data Conversion Supervisor.................................................... $ 11.92 $ 16.08

6. Engineer of Hydraulic Surveys............................................ $ 18.59 $ 25.76

7. Meter Reader Supervisor.......................................................... $ 14.47 $ 19.99

8. Sewer Construction Unit Leader........................................... $ 15.67 $ 22.01

9. Sewer Maintenance Unit Leader........................................... $ 14.09 $ 19.47

10. Sewer Maintenance Unit Leader Operator........................ $ 14.09 $ 20.43

11. Supervisor of Radio Service................................................... $ 15.13 $ 22.07

12. Unit Supervisor............................................................................ $ 13.29 $ 20.69

13. Water Hydraulic Unit Leader................................................ $ 14.09 $ 19.47

14. Water Hydraulic Supervisor................................................... $ 15.96 $ 22.01

15. Water Meter Department Unit Leader............................... $ 14.09 $ 19.47

16. Water Meter Department Supervisor................................... $ 15.96 $ 22.01

17. Water Pipe Repair Unit Leader........................................... $ 14.09 $ 19.82

18. Water Pipe Repair Supervisor............................................... $ 15.97 $ 22.36

Section 24. That salaries and compensation in the following classifications shall be fixed by the appointing


Minimum Maximum

1. Accident and Safety Inspector............................................... $17.85 $19.85

2. Airport Field Foreman............................................................. $17.71 $19.71

3. Arborist I....................................................................................... $15.58 $17.58

4. Arborist II..................................................................................... $18.02 $20.02

5. Arborist III.................................................................................... $20.32 $22.32

6. Assistant Gardener..................................................................... $12.25 $14.25

7. Assistant Manager of Parks and Urban Forestry......... $21.94 $23.94

8. Assistant Superintendent of Waste Collection................ $22.48 $24.48

9. Cemetery Foreman..................................................................... $17.72 $19.72

10. Cemeteries Maintenance Man I............................................. $13.94 $15.94

11. Cemeteries Maintenance Man II........................................... $21.67 $23.67

12. Cemetery Supervisor.................................................................. $20.33 $22.33

13. Chief Engineering and Construction Inspector.............. $22.33 $24.33

14. Chief Horticulturist.................................................................... $26.62 $28.62

15. Cold Patch and Crack Sealing Foreman........................... $20.44 $22.44

16. Cold Patch and Crack Sealing Worker............................. $15.31 $17.31

17. Crematory and Mausoleum Operator................................... $15.58 $17.58

18. District Paving Repair Foreman.......................................... $27.69 $29.69

19. Engineering and Construction Inspector........................... $16.70 $18.70

20. Gardener......................................................................................... $15.58 $17.58

21. General Construction Foreman.............................................. $27.93 $29.93

22. General Shop Foreman............................................................. $20.35 $22.35

23. Greenskeeper................................................................................ $18.40 $20.40

24. Ground Maintenance Crew Foreman................................... $15.05 $17.05

25. Ground Maintenance Foreman............................................... $17.38 $19.72

26. Ground Maintenance Man........................................................ $13.94 $15.94

27. Horticulturist................................................................................ $25.50 $27.50

28. Horticulturist Maintenance Foreman.................................. $19.87 $21.87

29. Labor Foreman............................................................................ $17.71 $19.71

30. Lead Program Assistant.......................................................... $15.13 $17.13

31. Mechanical Handyman.............................................................. $14.54 $16.54

32. Maintenance Foreman............................................................... $16.95 $18.95

33. Municipal Service Laborer....................................................... $13.94 $15.94

34. Parking Coordinator.................................................................. $18.71 $20.71

35. Practical Nurse............................................................................ $13.88 $15.88

36. Radio Operator............................................................................. $15.98 $17.98

37. Real Estate Maintenance Man.............................................. $14.75 $16.75

38. Set-Up Foreman............................................................................ $14.78 $16.78

39. Shop Foreman............................................................................... $17.71 $19.71

40. Sidewalk Inspector..................................................................... $15.26 $17.26

41. Street Cleaning District Foreman........................................ $17.71 $19.71

42. Street Maintenance Foreman.................................................. $17.71 $19.71

43. Street Maintenance General Foreman................................. $22.49 $24.49

44. Street Permit Supervisor.......................................................... $13.91 $15.91

45. Street Sweeper – Waste Collection...................................... $13.56 $15.56

46. Tire Shredder................................................................................ $14.64 $16.64

47. Transfer Station Attendant..................................................... $18.71 $20.71

48. Waste Collection Foreman...................................................... $17.71 $19.71

49. Waste Collection Foreman I.................................................. $19.44 $21.44

50. Waste Collection Transfer Foreman................................... $20.16 $22.16

51. Waste Collector........................................................................... $13.94 $15.94

52. Waste Collector – Cushman Operator................................. $14.32 $16.32

53. Watchman...................................................................................... $11.74 $13.74

54. Watchman Supervisor................................................................ $14.70 $16.70


1478

Section 27. That the salaries and compensation in the following classifications shall be fixed by the appointing


Minimum Maximum

1. Budget Analyst............................................................................ $19,136.00 $ 48,027.87

2. Buyer............................................................................................... $19,136.00 $ 43,909.55

3. Civil Service Examiner I......................................................... $19,136.00 $ 36,813.77

4. Civil Service Examiner II....................................................... $19,136.00 $ 39,592.43

5. Civil Service Examiner III..................................................... $19,136.00 $ 45,446.40

6. Civil Service Examiner IV...................................................... $23,606.98 $ 56,401.29

7. Court Stenographer.................................................................... $19,136.00 $ 36,888.49

8. Docket Clerk................................................................................. $19,136.00 $ 32,909.27

9. Junior Personnel Assistant..................................................... $19,136.00 $ 35,666.32

10. Law Librarian.............................................................................. $19,136.00 $ 35,563.14

11. Legal Secretary............................................................................ $19,136.00 $ 41,600.00

12. Misdemeanor Investigator....................................................... $19,136.00 $ 43,069.31

13. Office Manager............................................................................ $19,136.00 $ 45,000.00

14. Parking Enforcement Analyst............................................... $19,136.00 $ 40,374.78

15. Paralegal........................................................................................ $19,136.00 $ 39,592.55

16. Personnel Assistant.................................................................... $19,136.00 $ 42,978.30

17. Private Secretary to Director................................................. $19,136.00 $ 43,079.73

18. Senior Personnel Assistant..................................................... $19,136.00 $ 45,446.40

19. Tape Librarian............................................................................. $19,136.00 $ 37,785.73



Minimum Maximum

1. Administrative Officer.............................................................. $19,136.00 $ 48,000.35

2. Cable Protection Specialist..................................................... $19,136.00 $ 34,916.09

3. Case Worker Supervisor........................................................... $20,065.93 $ 40,978.30

4. Chief Air Pollution Inspector................................................ $20,065.93 $ 46,377.15

5. Chief Caseworker Supervisor................................................. $22,426.64 $ 41,623.16

6. Chief Clerk.................................................................................... $22,050.00 $ 43,079.97

7. Chief Photographer.................................................................... $20,065.93 $ 46,377.15

8. Chief Radio Dispatcher............................................................ $25,377.50 $ 43,387.39

9. Chief Telephone Operator........................................................ $19,136.00 $ 45,337.31

10. Cocaine Treatment Supervisor............................................... $22,426.64 $ 43,079.97

11. Composing Supervisor............................................................... $20,065.93 $ 39,592.55

12. Consumer Protection Supervisor........................................... $19,136.00 $ 41,623.16

13. Custodial Worker Supervisor................................................. $19,136.00 $ 38,287.94

14. Disease Surveillance Specialist............................................. $30,000.00 $ 60,000.00

15. Epidemiologist.............................................................................. $40,000.00 $ 75,000.00

16. Personnel Analyst I................................................................... $21,000.00 $ 42,815.94

17. Safety Programs Officer I....................................................... $25,000.00 $ 60,000.00

18. Safety Programs Officer II..................................................... $25,000.00 $ 42,000.00

19. Secretary to Board of Examiner of Board of

Review (Electrical)............................................................... $19,136.00 $ 36,043.06

20. Secretary – Boxing and Wrestling Commission............. $30,573.46 $ 32,909.27

21. Superintendent of Maintenance............................................. $23,606.98 $ 51,844.45

22. Superintendent of Street Cleaning....................................... $25,967.68 $ 42,294.71

23. Superintendent of Waste Collection.................................... $29,508.73 $ 51,844.45

24. Supervisor of Income Tax Files........................................... $19,136.00 $ 36,043.06

25. Supervisor of Storeroom and Mailing................................. $19,136.00 $ 32,909.27



Minimum Maximum

1. Airport Maintenance Supervisor............................................ $21,019.66 $ 55,120.00

2. Assistant Chief Building Inspector..................................... $19,136.00 $ 53,217.22

3. Assistant Chief Housing Inspector...................................... $19,136.00 $ 46,375.87

4. Assistant Custodian................................................................... $19,136.00 $ 43,908.22

5. Assistant Superintendent of Electrical Generation....... $21,019.66 $ 51,392.31

6. Bridge Inspector.......................................................................... $19,136.00 $ 37,785.85

7. Bureau Manager – Housing.................................................... $26,797.11 $ 74,429.85

8. Bureau Manager – Demolition............................................... $26,797.11 $ 74,429.85

9. Bureau Manager – Building................................................... $26,797.11 $ 74,429.85

10. Cable Production Manager...................................................... $20,410.00 $ 84,320.09

11. Chief Bridge Operator............................................................... $19,136.00 $ 45,445.01

12. Chief of Electric Meter Bureau............................................ $26,274.57 $ 64,152.29

13. Chief Guard................................................................................... $19,136.00 $ 37,578.00

14. Chief Safety Signal System.................................................... $ 18.60 $ 33.34

15. Chief Sidewalk Inspector......................................................... $19,136.00 $ 41,626.61

16. Chief Street Permit Inspector................................................ $19,136.00 $ 39,592.55

17. Chief of Traffic Signal Unit.................................................. $ 18.60 $ 33.34


1479


Inspector Supervisor.............................................................. $34,464.91 $ 51,515.32

19. Coordinator of Parking Enforcement................................. $19,136.00 $ 47,438.90

20. Correctional Supervisor............................................................. $19,136.00 $ 46,377.15

21. District Forester.......................................................................... $31,043.38 $ 52,860.45

22. Electric Bridge Operator Leader.......................................... $ 9.20 $ 17.52

23. Environmental Assistant.......................................................... $19,136.00 $ 46,377.15

24. Field Operations Forester........................................................ $32,445.00 $ 54,857.18

25. General Superintendent of Waste Collection................... $30,473.96 $ 57,774.00

26. House Sergeant............................................................................ $19,136.00 $ 33,195.83

27. Instrumentation Supervisor..................................................... $29,200.50 $ 60,840.00

28. Parking Meter Foreman........................................................... $24,679.38 $ 37,354.24

29. Printing Foreman....................................................................... $28,404.92 $ 47,197.05

30. Supervisor of Landscape Construction............................... $19,136.00 $ 42,294.71

31. Supervisor of Parking Enforcement Unit......................... $19,136.00 $ 36,844.64

32. Supervisor of Markets............................................................... $19,136.00 $ 40,978.30

33. Supervisor of Weights and Measures................................. $19,136.00 $ 57,651.98

34. Survey Party Chief.................................................................... $18,099.87 $ 51,030.05

35. Tunnel Maintenance Foreman............................................... $19,136.00 $ 34,603.01

36. Tunnel Maintenance Man........................................................ $19,136.00 $ 31,593.60



Minimum Maximum

1. Accountant IV.............................................................................. $19,136.00 $ 53,834.24

2. Airport Operations Agent III................................................. $19,136.00 $ 50,543.24

3. Assistant Bureau Chief-Demolition...................................... $19,136.00 $ 48,834.05

4. Assistant Financial Systems Coordinator.......................... $19,136.00 $ 48,834.05

5. Assistant Personnel Administrator...................................... $19,136.00 $ 50,543.24

6. Assistant Water Plant Manager........................................... $ 9.20 $ 30.00

7. Assistant Water Plant Manager – Parma........................ $ 9.20 $ 30.00

8. Budget and Management Analyst........................................ $19,136.00 $ 50,543.24

9. Chief Dog Warden...................................................................... $19,136.00 $ 74,360.00

10. Labor Relations Assistant....................................................... $19,136.00 $ 48,834.05

11. Rehabilitation Supervisor........................................................ $19,136.00 $ 48,834.05

12. Superintendent of Sewer Maintenance................................ $19,136.00 $ 67,600.00

13. Supervisor of Architectural Construction.......................... $19,136.00 $ 50,563.90

14. Supervisor of Personnel Records.......................................... $19,136.00 $ 48,834.05

15. Supervisor of Site Development............................................ $19,136.00 $ 48,834.05

16. Supervisor of Vital Statistics................................................. $19,136.00 $ 50,543.24

17. Systems Analyst.......................................................................... $19,136.00 $ 56,000.00

18. Water System Construction Inspector Supervisor.......... $19,136.00 $ 56,680.00



Minimum Maximum

1. Airport Maintenance Superintendent................................... $19,784.74 $ 57,200.00

2. Assistant Commissioner of Recreation............................... $19,784.74 $ 65,005.39

3. Assistant Contract Compliance Officer.............................. $19,784.74 $ 51,504.26

4. Assistant Director of Public Health Nurses.................... $19,784.74 $ 51,504.26

5. Assistant Income Tax............................................................... $19,784.74 $ 51,504.26

6. Assistant Manager of Audit Control and

Personnel.................................................................................... $19,784.74 $ 53,306.92

7. Assistant Manager of Recreation......................................... $19,784.74 $ 51,504.26

8. Assistant Superintendent of Pumping................................ $19,784.74 $ 51,504.26

9. Assistant Superintendent of Purification.......................... $19,784.74 $ 51,504.26

10. Auditor............................................................................................ $19,784.74 $ 53,306.92

11. Chief Alcoholism Coordinating Service.............................. $19,784.74 $ 51,504.26

12. Chief of the Demolition Bureau........................................... $19,784.74 $ 51,504.26

13. Chief Plan Examiner................................................................ $19,784.74 $ 53,306.92

14. City Planner.................................................................................. $30,000.00 $ 55,000.00

15. Deputy Commissioner of Recreation-Fiscal Control........ $19,784.74 $ 65,005.39

16. Deputy Project Director........................................................... $19,784.74 $ 56,929.60

17. Desktop Publishing Specialist............................................... $20,231.40 $ 52,651.21

18. District Supervisor – Environmental Health................... $19,784.74 $ 55,000.00

19. Emergency Medical Technician Supervisor...................... $19,784.74 $ 53,306.92

20. Income Tax Supervisor............................................................. $19,784.74 $ 51,504.26

21. Office of Professional Standards –

Investigative Auditor............................................................ $19,784.74 $ 51,504.26

22. Office of Professional Standards – Standards

Research/Analyst.................................................................... $19,784.74 $ 51,504.26

23. Project Program Director of Consumer Affairs............. $19,784.74 $ 51,504.26

24. Recreation Center Manager.................................................... $32,500.00 $ 65,005.39

25. Superintendent of Light Equipment Maintenance......... $19,784.74 $ 51,504.26


1480

26. Superintendent of Vehicle Administrative Services...... $19,784.74 $ 64,150.91

27. Supervisor Administrative Services-Data

Processing Center................................................................... $19,784.74 $ 51,504.26

28. Supervisor of Milk Program................................................... $19,784.74 $ 51,504.26

29. Supervisor of Vector Control.................................................. $19,784.74 $ 51,504.26

30. Welfare Liaison........................................................................... $19,784.74 $ 51,504.26



Minimum Maximum

1. Air Pollution Control, Engineer IV..................................... $20,231.40 $ 54,494.00

2. Airport Safety Shift Commander.......................................... $20,231.40 $ 54,494.00

3. Assistant Administrator............................................................ $20,231.40 $ 58,093.33

4. Assistant Health Center Director......................................... $20,231.40 $ 54,494.00

5. Assistant Manager of Marketing.......................................... $20,231.40 $ 54,494.00

6. Assistant Security Manager.................................................... $23,333.40 $ 57,628.48

7. Central Payroll Supervisor...................................................... $20,231.40 $ 78,000.00

8. Chief Building Inspector.......................................................... $20,231.40 $ 57,651.98

9. Chief Electrical Inspector....................................................... $20,231.40 $ 54,494.00

10. Chief Elevator Inspector.......................................................... $20,231.40 $ 54,494.00

11. Chief Environmental Health-Engineering......................... $20,231.40 $ 54,494.00

12. Chief Heating Inspector........................................................... $20,231.40 $ 55,508.78

13. Chief Housing Inspector.......................................................... $20,231.40 $ 56,401.29

14. Chief Plumbing Inspector........................................................ $20,231.40 $ 54,494.00

15. Chief Rehabilitation Supervisor............................................ $20,231.40 $ 56,401.29

16. Contract Supervisor – Division of Purchases

and Supplies.............................................................................. $20,231.40 $ 54,494.00

17. Data Processing Supervisor.................................................... $20,231.40 $ 54,494.00

18. Human Resources Contract Administrator....................... $20,231.40 $ 72,734.99

19. Manager of Public Utilities – Building

Maintenance.............................................................................. $20,231.40 $ 72,800.00

20. Senior Systems Analyst............................................................ $20,231.40 $ 74,000.00

21. Shift Supervisor Operations.................................................... $20,231.40 $ 54,494.00

22. Superintendent of Distribution.............................................. $20,231.40 $ 67,600.00

23. Superintendent of Pumping.................................................... $20,231.40 $ 54,494.00

24. Superintendent of Purchased Power................................... $27,325.56 $ 67,843.24

25. Superintendent of Purification.............................................. $20,231.40 $ 54,494.00

26. Supervising Tax Auditor......................................................... $20,231.40 $ 54,494.00

27. Supervisor of Civil Service Records.................................... $20,231.40 $ 54,494.00



Minimum Maximum

1. Accountant Supervisor.............................................................. $23,647.11 $ 65,719.36

2. Assistant Chief of Water Distribution............................... $23,647.11 $ 78,520.00

3. Assistant Commissioner of Assessments

and Licenses............................................................................. $23,647.11 $ 76,635.45

4. Assistant Commissioner, Division of Printing

and Reproduction.................................................................... $23,647.11 $ 76,635.45

5. Assistant Commissioner of Engineering

and Construction..................................................................... $23,647.11 $ 76,635.45

6. Building Manager....................................................................... $23,647.11 $ 70,740.42

7. Chief Architect............................................................................. $23,647.11 $ 76,635.45

8. Chief Auditor – Utilities.......................................................... $23,647.11 $ 76,635.45

9. Chief City Planner..................................................................... $30,000.00 $ 75,000.00

10. Chief, Computer Operations.................................................... $23,647.11 $ 76,635.45

11. Chief Engineer – Civil............................................................. $23,647.11 $ 76,635.45

12. Chief Engineer – Mechanical................................................. $23,647.11 $ 76,635.45

13. Chief Legal Investigator – Civil Branch.......................... $23,647.11 $ 60,718.86

14. Chief of Street Lighting and Electrical Services.......... $23,647.11 $ 88,400.00

15. Chief of Laboratories................................................................ $23,647.11 $ 72,800.00

16. Chief of Purification................................................................. $23,647.11 $ 78,520.00

17. Chief Surveyor............................................................................. $23,647.11 $ 60,718.86

18. Convention Manager.................................................................. $23,647.11 $ 70,740.42

19. Financial Systems Coordinator.............................................. $23,647.11 $ 60,718.86

20. Fiscal Grants Administrator................................................... $40,000.00 $ 78,000.00

21. Fiscal Manager............................................................................ $23,647.11 $ 76,635.45

22. Health Promotion Coordinator............................................... $22,333.40 $ 70,000.00

23. Investment Manager.................................................................. $23,647.11 $ 76,635.45

24. Manager of Enterprise Unit................................................... $23,647.11 $ 70,740.42

25. Manager of Events..................................................................... $23,647.11 $ 70,740.42

26. Manager of General Maintenance........................................ $23,647.11 $ 70,740.42

27. Manager of Markets.................................................................. $23,647.11 $ 70,740.42

28. Manager of Parking.................................................................. $23,647.11 $ 70,740.42


1481

29. Manager of Production Power Generation....................... $23,647.11 $ 70,740.42

30. Manager of Recreation............................................................. $40,000.00 $ 70,740.42

31. Purchasing Supervisor – Division of Purchases

and Supplies.............................................................................. $23,647.11 $ 60,718.86

32. Secretary to the Board of Building Standards

and Building Appeals........................................................... $23,647.11 $ 75,000.00

33. Secretary to the Board of Zoning Appeals...................... $23,647.11 $ 75,000.00

34. Security Manager........................................................................ $23,647.11 $ 82,160.00

35. Senior Internal Auditor............................................................ $23,647.11 $ 60,718.86

36. Senior Programmer Analyst................................................... $23,647.11 $ 62,844.01

37. Supervisor of Food and Drug Administration................. $23,647.11 $ 60,718.86

38. Supervisor – Information Control......................................... $23,647.11 $ 60,718.86

39. Theatrical Manager.................................................................... $23,647.11 $ 60,718.86

40. Water Plant Manager............................................................... $23,647.11 $ 88,400.00



Minimum Maximum

1. Airport Maintenance Manager............................................... $26,273.96 $ 80,967.18

2. Airport Operations Manager................................................... $26,273.96 $ 80,967.18

3. Airport Safety Chief.................................................................. $26,273.96 $ 80,967.18

4. Assistant Commissioner of Administrative

Services....................................................................................... $26,273.96 $ 80,967.18

5. Assistant Commissioner of Cleveland

Public Power............................................................................ $26,273.96 $ 80,967.18

6. Assistant Commissioner of Code Enforcement................ $26,273.96 $ 80,967.18

7. Assistant Commissioner of Construction

Permitting.................................................................................. $26,273.96 $ 80,967.18

8. Assistant Commissioner of Information

Technology and Services..................................................... $23,647.11 $ 77,853.00

9. Assistant Commissioner of Motor Vehicles

Maintenance.............................................................................. $26,273.96 $ 80,967.18

10. Assistant Commissioner of Neighborhood

Development.............................................................................. $26,273.96 $ 80,967.18

11. Assistant Commissioner of Neighborhood

Revitalization........................................................................... $26,273.96 $ 80,967.18

12. Assistant Commissioner of Neighborhood Services....... $26,273.96 $ 80,967.18

13. Assistant Commissioner of Streets....................................... $26,273.96 $ 80,967.18

14. Assistant Commissioner of Waste Collection

and Disposal............................................................................. $26,273.96 $ 80,967.18

15. Assistant Commissioner of Water Pollution

Control......................................................................................... $26,273.96 $ 80,967.18

16. Assistant Director of Community Relations Board....... $26,273.96 $ 80,967.18

17. Assistant Income Tax Administrator.................................. $26,273.96 $ 8 0,967.18

18. Assistant Superintendent of Electric Transmission

and Distribution...................................................................... $26,273.96 $ 66,396.19

19. Building and Housing Executive Assistant..................... $26,273.96 $ 80,967.18

20. Chief of Air Pollution Enforcement.................................... $22,333.40 $ 72,734.99

21. Chief of Air Pollution Engineering.................................... $22,333.40 $ 72,734.99

22. Chief of Air Pollution Information Systems.................... $22,333.40 $ 72,734.99

23. Chief of Air Pollution Monitoring....................................... $22,333.40 $ 72,734.99

24. Chief Civil Service Examiner................................................ $26,273.96 $ 64,150.91

25. Chief of Pharmacy Service..................................................... $26,273.96 $ 80,967.18

26. Chief of Pumping....................................................................... $26,273.96 $ 80,080.00

27. Chief of Water Distribution................................................... $26,273.96 $ 83,200.00

28. Chief Training Officer.............................................................. $26,273.96 $ 64,150.91

29. City Hall Custodian................................................................... $26,273.96 $ 64,150.91

30. Community Development Executive Assistant................ $26,273.96 $ 80,967.18

31. Contract Compliance Officer................................................... $26,273.96 $ 64,150.91

32. Deputy Commissioner of Accounts...................................... $26,273.96 $ 80,080.00

33. Deputy Commissioner of Air Pollution Control.............. $26,273.96 $ 74,738.93

34. Deputy Commissioner of Airports........................................ $26,273.96 $ 74,738.93

35. Deputy Commissioner of Air Quality................................. $26,273.96 $ 74,738.93

36. Deputy Commissioner of Convention Center

and Stadium.............................................................................. $26,273.96 $ 74,738.93

37. Deputy Commissioner of Convention Center.................... $26,273.96 $ 74,738.93

38. Deputy Commissioner of Environment............................... $26,273.96 $ 74,738.93

39. Deputy Commissioner of Health........................................... $26,273.96 $ 74,738.93

40. Deputy Commissioner of Information

Technology and Services..................................................... $30,214.95 $ 90,500.00

41. Deputy Commissioner of Maintenance............................... $26,273.96 $ 74,738.93


1482

42. Deputy Commissioner of Park and

Urban Forestry........................................................................ $26,273.96 $ 74,738.93

43. Deputy Commissioner of Parks and

Urban Forestry/Golf Courses and Cemeteries............. $26,273.96 $ 74,738.93

44. Deputy Commissioner of Recreation................................... $26,273.96 $ 74,738.93

45. Director of Public Health Nurses......................................... $26,273.96 $ 74,738.93

46. Fair Housing Administrator................................................... $31,500.00 $ 79,789.56

47. General Manager of Administrative Services.................. $26,273.96 $ 80,967.18

48. Office of Professional Standards Administrator............. $26,273.96 $ 64,150.91

49. Manager of Human Resources Program Planning

and Management..................................................................... $26,273.96 $ 74,738.93

50. Personnel Administrator.......................................................... $26,273.96 $ 74,738.93

51. Senior Budget and Management Analyst.......................... $26,273.96 $ 70,908.56

52. Superintendent of Industrial Claims................................... $26,273.96 $ 64,150.91

53. Superintendent of Motorized Equipment........................... $26,273.96 $ 64,150.91

54. Utilities Comptroller.................................................................. $26,273.96 $ 80,967.18

Section 37. 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. Administrator of Engineering and Planning................... $30,214.95 $101,947.53

2. Airport Chief Engineer............................................................. $30,214.95 $101,947.53

3. Assistant City Comptroller...................................................... $41,312.22 $102,960.00

4 Airport Planning Environmental Officer........................... $30,214.95 $ 80,773.81

5 Airport Project Director........................................................... $60,000.00 $124,800.00

6 Air Trade Development Manager......................................... $30,214.95 $ 94,105.40

7 Assistant Director of Human Resources and

Economic Development......................................................... $30,214.95 $101,947.53

8 Budget Administrator................................................................ $30,214.95 $ 94,105.40

9 Chief of Personnel Management........................................... $30,214.95 $ 94,105.40

10 Comptroller-Airports................................................................... $30,214.95 $101,947.52

11 Data Base Analyst..................................................................... $30,214.95 $ 80,773.80

12 Deputy Commissioner of Building and Housing............ $30,214.95 $ 94,105.40

13 Deputy Commissioner of Cleveland Hopkins

International Airport............................................................. $30,214.95 $ 94,105.40

14 Deputy Commissioner of Parks, Maintenance

and Properties.......................................................................... $30,214.95 $ 94,105.40

15 Deputy Commissioner of Water............................................ $30,214.95 $117,520.00

16 Deputy Commissioner of Water Pollution Control........ $30,214.95 $ 94,105.40

17 Environmental Programs Manager...................................... $45,000.00 $ 79,040.00

18 Executive Commissioner of Public Safety –

Operations.................................................................................. $36,590.39 $128,960.00

19 Executive Commissioner of Public Safety –

Projects, Grants and Technology..................................... $36,590.39 $128,960.00

20 Field Manager.............................................................................. $35,000.00 $ 53,854.72

21 Fleet Management Data Manager........................................ $30,000.00 $ 60,500.00

22 GIS/IS Coordinator..................................................................... $52,000.00 $ 85,000.00

23 Hardware Analyst...................................................................... $30,214.95 $ 94,105.40

24 Hazardous Material Specialist............................................... $45,000.00 $ 60,320.00

25 In-Charge Senior Internal Auditor....................................... $49,500.00 $ 76,440.00

26 Labor Relations Manager........................................................ $30,214.95 $101,947.50

27 Manager of Electric System Operation.............................. $30,214.95 $ 94,105.40

28 Manager of Human Resources Monitoring

and Evaluation........................................................................ $30,214.95 $ 94,105.40

29 Manager of Marketing.............................................................. $30,214.95 $ 94,105.40

30 Manager of Properties.............................................................. $30,214.95 $ 94,105.40

31 Manager of Public Service Operations............................... $30,214.95 $ 94,105.40

32 Manager of Telecommunications.......................................... $30,214.95 $ 94,105.40

33 Nurse Practitioner....................................................................... $45,000.00 $ 83,200.00

34 Permit Review Manager.......................................................... $35,000.00 $ 59,382.93

35 Project Leader/Applications................................................... $30,214.95 $ 80,773.80

36 Regulatory Compliance Manager.......................................... $50,000.00 $ 88,624.36

37 Safety Programs Manager....................................................... $45,000.00 $ 79,040.00

38 Section Chief – Engineering & Construction................... $50,000.00 $ 90,000.00

39 Software Analyst......................................................................... $30,214.95 $ 80,773.80

40 Superintendent of Electric Transmission

and Distribution...................................................................... $30,214.95 $ 80,773.80

41 Supervisor of Computer Operations..................................... $30,214.95 $ 80,773.80

42 Supervisor Hardware Evaluation......................................... $30,214.95 $ 80,773.80

43 Telecommunications Analyst.................................................. $30,214.95 $ 80,773.80

44 Veterinarian in Charge of Spay and

Neuter Clinic............................................................................. $30,214.95 $ 80,773.80


1483



Minimum Maximum

1. Application Delivery Services Manager............................. $65,000.00 $ 88,400.00

2. Customer Support Center Manager...................................... $65,000.00 $ 88,400.00

3. Database Administrator............................................................ $39,937.34 $ 99,469.60

4. Database Coordinator................................................................ $30,214.00 $ 73,493.68

5. Help Desk Analyst..................................................................... $25,000.00 $ 46,800.00

6. Information Technology Electronic Data

Processing Auditor................................................................. $35,000.00 $ 72,800.00

7. Information Technology Security Officer.......................... $30,215.00 $ 73,206.64

8. IT Asset Management Analyst.............................................. $25,000.00 $ 46,800.00

9. IT Asset Management Coordinator...................................... $22,333.00 $ 70,274.88

10. IT Network and Data Center Operations

Manager...................................................................................... $55,000.00 $ 87,426.00

11. IT Project Manager I............................................................... $19,785.00 $ 55,004.56

12. IT Project Manager II.............................................................. $22,333.00 $ 72,354.88

13. IT Quality Assurance and Control Analyst..................... $19,785.00 $ 55,004.56

14. IT Telecommunications Analyst I....................................... $30,214.00 $ 65,173.68

15. IT Telecommunications Analyst II...................................... $30,214.00 $ 80,773.68

16. IT Telecommunications Technician II............................... $44,80300. $ 66,842.88

17. IT Training Analyst.................................................................. $38,000.00 $ 57,200.00

18. IT Training Coordinator.......................................................... $38,000.00 $ 67,200.00

19. Network Analyst I...................................................................... $30,214.00 $ 65,173.68

20. Network Analyst II.................................................................... $30,214.00 $ 81,773.68

21. PC Technician.............................................................................. $25,000.00 $ 45,000.00

22. Program Manager....................................................................... $30,214.00 $ 75,769.20

23. Supervisor Applications Development................................. $39,937.34 $ 78,810.44

24. Supervisor of Systems and Technical Support................ $55,000.00 $ 78,000.00

25. Supervisor Quality Assurance................................................ $39,937.34 $ 78,810.44

26. Supervisor Software Support.................................................. $39,937.34 $ 78,810.44

27. Web Content Editor................................................................... $19,785.00 $ 55,004.56

28. Web Developer............................................................................. $30,215.00 $ 75,769.20

29. Web Master................................................................................... $30,215.00 $ 90,923.04

Section 44. 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.............................................. 5/1/02 $20.77 $33.43

2. Asphalt Raker.............................................................................. 5/1/02 $20.54 $32.05

3. Asphalt Tamper........................................................................... 5/1/02 $20.54 $32.05

4. Bricklayer Helper....................................................................... 5/1/02 $22.14 $32.91

5. Curb Cutter.................................................................................... 5/1/02 $21.00 $32.78

6. Jackhammer Operator............................................................... 5/1/02 $20.54 $32.05

7. Paver................................................................................................ 5/1/02 $20.83 $32.50

8. Paving Foreman.......................................................................... 5/1/02 $21.42 $33.43

9. Superintendent of Construction Equipment...................... 5/1/02 $21.42 $33.43

Section 46. Municipal Court Employees

That salaries and compensation in the following classifications shall be fixed by the appointing authority in

accordance with the schedule appearing after each classification:

Minimum Maximum

1. Associate Director....................................................................... $37,783.00 $ 73,287.14

2. Bailiff.............................................................................................. $36,085.00 $ 65,779.39

3. Chief Deputy Bailiff.................................................................. $37,569.00 $ 75,272.41

4. Chief Magistrate.......................................................................... $48,620.00 $ 84,240.00

5. Chief Probation Officer............................................................ $50,395.00 $ 92,560.00

6. Clinical Director.......................................................................... $37,783.00 $ 79,040.00

7. Deputy Bailiff.............................................................................. $21,424.00 $ 51,247.40

8. Deputy Bailiff Administrative Assistant –

Finance....................................................................................... $39,173.00 $ 62,655.52

9. Deputy Bailiff Administrative Assistant –

Operations.................................................................................. $39,173.00 $ 62,655.52

10. Deputy Bailiff Assistant Director of Data

Processing.................................................................................. $22,223.00 $ 60,320.00

11. Deputy Bailiff Assistant Jury Commissioner.................. $21,907.00 $ 53,759.65

12. Deputy Bailiff Central Scheduling Director..................... $41,755.17 $ 75,300.26


1484

13. Deputy Bailiff Chief Court Reporter.................................. $41,755.00 $ 70,816.12

14. Deputy Bailiff Clerk Typist................................................... $19,526.00 $ 41,420.08

15. Deputy Bailiff – Court Administrator................................ $62,624.00 $ 91,354.07

16. Deputy Bailiff – Court Reporter........................................... $22,914.00 $ 54,828.04

17. Deputy Bailiff Data Processor.............................................. $21,100.00 $ 55,120.00

18. Deputy Bailiff Deputy Court Administrator.................... $45,486.00 $ 78,526.24

19. Deputy Bailiff/Deputy Court Administrator

Chief Information Officer.................................................... $45,486.00 $ 91,354.07

20. Deputy Bailiff Deputy Chief Court Reporter.................. $22,923.00 $ 56,457.93

21. Deputy Bailiff Director of Data Processing.................... $58,349.00 $ 95,680.00

22. Deputy Bailiff Finance Officer............................................. $39,173.00 $ 62,655.52

23. Deputy Bailiff General............................................................. $21,424.00 $ 54,589.63

24. Deputy Bailiff Jury Commissioner...................................... $37,783.00 $ 64,450.30

25. Deputy Bailiff Law Clerk....................................................... $21,250.00 $ 47,920.78

26. Deputy Chief Magistrate.......................................................... $40,752.00 $ 75,920.00

27. Deputy Bailiff – Office Manager.......................................... $39,827.00 $ 74,961.59

28. Deputy Bailiff Private Secretary.......................................... $20,112.00 $ 38,480.00

29. Deputy Bailiff Public Information Officer....................... $38,417.60 $ 47,840.00

30. Deputy Bailiff Scheduler I...................................................... $22,284.00 $ 48,171.45

31. Deputy Bailiff Session Room Supervisor........................... $22,284.00 $ 53,774.13

32. Deputy Bailiff – Special Projects Officer......................... $30,000.00 $ 63,502.22

33. Deputy Bailiff Supervisor........................................................ $41,368.00 $ 65,779.39

34. Deputy Bailiff Systems Analyst........................................... $35,000.00 $ 61,274.08

35. Deputy Bailiff Training Officer............................................ $31,000.00 $ 63,502.22

36. Deputy Chief Probation Officer............................................ $42,318.00 $ 72,559.64

37. Immobilization Officer.............................................................. $15.60 per hour $26.57 per hour

38. Magistrate...................................................................................... $40,752.00 $ 71,897.88

39. Municipal Court Psychologist................................................ $47.74 per hour $100.27 per hour

40. Personal Bailiff........................................................................... $43,285.00 $ 65,520.00

41. Probation Officer General....................................................... $28,585.00 $ 57,200.00

42. Probation Officer Supervisor.................................................. $48,616.00 $ 73,096.61

43. Psychiatric Case Worker......................................................... $21,681.00 $ 57,200.00

44. Psychiatric Social Worker....................................................... $21,907.00 $ 57,200.00

45. Psychologist II............................................................................. $60.00 per hour $93.58 per hour

46. Small Claims Magistrate.......................................................... $20,687.00 $ 54,060.45

47. Student Aide................................................................................. $ 9.20 $ 9.20

48. Traffic Court Magistrate......................................................... $40,752.00 $ 74,880.00

49. Chief Housing Court Specialist............................................. $52,158.83 $ 81,283.96

50. Housing Court Administrative Assistant........................... $23,063.94 $ 48,171.45

51. Housing Court Administrator................................................. $64,815.84 $ 91,354.07

52. Housing Court ADR Specialist.............................................. $31,050.00 $ 63,520.00

53. Housing Court Chief Bailiff................................................... $38,883.92 $ 75,272.41

54. Housing Court Chief Magistrate........................................... $50,321.70 $ 86,665.96

55. Housing Court Coordinator..................................................... $23,063.94 $ 48,171.45

56. Housing Court Court Reporter.............................................. $23,715.99 $ 54,828.04

57. Housing Court Deputy Bailiff............................................... $22,173.84 $ 51,247.40

58. Housing Court Deputy Bailiff – Uniformed..................... $22,173.84 $ 51,247.40

59. Housing Court Deputy Bailiff Supervisor......................... $42,815.88 $ 65,779.39

60. Housing Court Deputy Bailiff/Finance Officer.............. $38,544.06 $ 62,655.52

61. Housing Court Deputy Bailiff/Judicial Clerk................. $21,993.75 $ 47,920.78

62. Housing Court Deputy Bailiff/Staff Attorney................. $29,585.48 $ 55,040.40

63. Housing Court Magistrate....................................................... $42,178.32 $ 79,189.76

64. Housing Court Magistrates’ Personal Bailiff.................. $23,063.94 $ 48,171.45

65. Housing Court Personal Bailiff............................................ $44,799.98 $ 66,769.09

66. Housing Court Project Coordinator..................................... $31,050.00 $ 63,502.22

67. Housing Court Receptionist.................................................... $19,136.00 $ 31,983.31

68. Housing Court Scheduler......................................................... $23,063.94 $ 48,171.45

69. Housing Court Secretary.......................................................... $20,815.92 $ 34,046.11

70. Housing Court Specialist......................................................... $29,585.48 $ 55,246.40

71. Housing Court Specialist – Mediation

Coordinator................................................................................ $29,585.48 $ 55,406.40

72. Housing Court Student Aide.................................................. $7.00 per hour $9.20 per hour

Section 2. That existing Sections 5, 8, 11, 24, 27, 28, 29, 30, 31, 32, 34, 35, 37, 40, 44 and 46 of Ordinance No.

384-03, passed March 10, 2003, are repealed.

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.




1485

Ord. No. 606-03.

By Council Member Zone.

An ordinance to change the zoning of property south of Franklin Boulevard near West 81st Street to a Park-

ing District (Map Change No. 2074, Sheet No. 1)


Section 1. That the Use District of lands bounded and described as follows:

Commencing at a Iron Pin Monument at an Angle Point in the Centerline of Franklin Boulevard N.W. (66 feet

wide) Distant South 71 Degrees 05' 54" West, 22.90 Feet from its Intersection with the Centerline of West 81st

Street (40 feet wide);

Thence South 16 Degrees 37' 08" East, 33.03 Feet to an Angle Point in the Southerly Right of Way Line of

said Franklin Boulevard;

Thence South 75 Degrees 39' 50" West, 70.71 Feet along said Southerly Right of Way Line of Franklin Boulevard

to an Iron Pin and The Place of Beginning;

Thence South 00 Degrees 01' 10" East, 137.33 Feet to a Point;

Thence North 89 Degrees 43' 00" West, 59.76 Feet to an Iron Pin;

Thence North 00 Degrees 01' 10" West, 121.76 Feet to an Iron Pin;

Thence North 75 Degrees 39' 50" East, 61.68 Feet along the Southerly Right of Way Line of Franklin Boulevard

aforesaid to The Place of Beginning;

and as outlined and shaded on the attached map is changed to a Parking District.

Section 2. That the changed designation of lands described in Section 1 shall be identified as Map Change No.

2074, Sheet No. 1, 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.

Sketch showing change of zoning of property south of Franklin Boulevard near West 81st Street to a Parking

District (Map Change No. 2074, Sheet No. 1).


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Effective July 20, 2003.

Ord. No. 651-03.By Council Member Cimperman.An emergency ordinance authoriz-

ing the Director of Public Service toenter into one or more contracts withDowntown Cleveland Partnership forthe design of streetscape im-provements to Superior Avenue.



Section 1. That the Director ofPublic Service is authorized to enterinto one or more contracts withDowntown Cleveland Partnershipfor the design of streetscape im-provements to Superior Avenue.

Section 2. That the cost of the con-tracts shall not exceed $125,000 andshall be paid from Fund Nos. 20 SF353, 20 SF 364, 20 SF 373, 20 SF 380,and 20 SF 383, Request No. 131029.



Ord. No. 685-03.By Council Members Gordon,

Coats, Sweeney, Johnson, Cimper-man and Jackson (by departmentalrequest).

An emergency ordinance deter-mining the method of making vari-ous public improvements as autho-rized by the Year 29 CommunityDevelopment Block Grant, andauthorizing the Directors of Com-munity Development, Public Service,Parks, Recreation and Properties,and Public Utilities to enter intocontract or contracts for the makingof the various public improvements.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of resurfacing,constructing, reconstructing, grad-ing, draining, curbing, catch basins,tree lawns, tree planting, road sidebeautification, and all other streetimprovements in each of the dis-tricts established by the Director ofCommunity Development for theDivision of Engineering and Con-struction, Department of Public Ser-vice, by contract or contracts dulylet to the lowest responsible bidderafter competitive bidding on a unitbasis for the improvement.

Section 2. That the Directors ofPublic Service and CommunityDevelopment are authorized to enterinto contract or contracts for themaking of the public improvementset forth in Section 1 with the low-est responsible bidder after compet-itive bidding on a unit basis for theimprovement, provided, however,that each separate trade and each

distinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of such trades orcomponents may be the subject of aseparate contract on a unit basis.

Section 3. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, resurfacing, grading,curbing, catch basins, sidewalks,handicap ramps, reconstructing treelawns, and other street improve-ments in each of the districts estab-lished by the Director of Communi-ty Development for the Divisions ofStreets and Engineering and Con-struction, Department of Public Ser-vice, by the direct employment ofthe necessary labor and the pur-chase or rental of the necessary sup-plies and materials for the makingof the improvement, with a separateaccounting as to each improvementso made.

Section 4. That the Directors ofPublic Service and CommunityDevelopment are authorized to makeone or more written contracts inaccordance with the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for each or all of theitems comprising the necessary sup-plies and materials for the improve-ment set forth in Section 3, includ-ing the rental of necessary equip-ment, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Division ofStreets, Department of Public Ser-vice.

Section 5. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitatingparks, playgrounds, swimmingpools, and recreation areas, includ-ing the installation of lighting,signs, streetscapes and relatedimprovements, in each of the dis-tricts established by the Director ofCommunity Development for theDivision of Research, Planning andDevelopment, Department of Parks,Recreation and Properties, by con-tract or contracts duly let to thelowest responsible bidder after com-petitive bidding on a unit basis forthe improvement.

Section 6. That the Directors ofParks, Recreation and Propertiesand Community Development areauthorized to enter into one or morecontracts for the making of the pub-lic improvement set forth in Section5 with the lowest responsible bidderafter competitive bidding on a unitbasis for the improvement, provided,however, that each separate tradeand each distinct component part ofthe improvement may be treated asa separate improvement, and each,or any combination, of such tradesor component may be the subject ofa separate contract on a unit basis.

Section 7. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitatingparks, playgrounds, swimmingpools, community centers, senior cit-izens’ centers, recreation centers,and recreation areas in each of thedistricts established by the Directorof Community Development for theDivision of Maintenance, Depart-ment of Parks, Recreation and Prop-erties, by the direct employment ofthe necessary labor and the pur-

chase or rental of the necessary sup-plies and materials for the makingof the improvement, with a separateaccounting as to each improvementso made.

Section 8. That the Directors ofParks, Recreation and Propertiesand Community Development areauthorized to make one or morewritten contracts in accordance withthe Charter and the Codified Ordi-nances of Cleveland, Ohio, 1976, foreach or all of the items comprisingthe necessary supplies and materi-als for the improvement set forth inSection 7, including the rental ofnecessary equipment, to be pur-chased by the Commissioner of Pur-chases and Supplies on a unit basisfor the Division of Maintenance,Department of Parks, Recreationand Properties.

Section 9. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitatingretention basins, culverts, sewers,catch basins, manholes and appur-tenances, in each of the districtsestablished by the Director of Com-munity Development for the Divi-sion of Water Pollution Control,Department of Public Utilities, bycontract or contracts duly let to thelowest responsible bidder after com-petitive bidding on a unit basis forthe improvement.

Section 10. That the Directors ofPublic Utilities and CommunityDevelopment are authorized to enterinto one or more contracts for themaking of the public improvementset forth in Section 9 with the low-est responsible bidder after compet-itive bidding on a unit basis for theimprovement, provided however thateach separate trade and each dis-tinct component part of the improve-ment may be treated as a separateimprovement, and each, or any com-bination, of such trades or compo-nents may be the subject of a sep-arate contract on a unit basis.

Section 11. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of installinglighting on streets, parking lots, andrecreation areas in each of the dis-tricts established by the Director ofCommunity Development for theDivision of Light and Power,Department of Public Utilities, bycontract or contracts duly let to thelowest responsible bidder after com-petitive bidding on a unit basis forthe improvement.

Section 12. That the Directors ofPublic Utilities and CommunityDevelopment are authorized to enterinto one or more contracts for themaking of the public improvementset forth in Section 11 with the low-est responsible bidder after compet-itive bidding on a unit basis for theimprovement, provided however thateach separate trade and each dis-tinct component part of the improve-ment may be treated as a separateimprovement, and each, or any com-bination, of such trades or compo-nents may be the subject of a sep-arate contract on a unit basis.

Section 13. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of installinglighting on streets, parking lots, andrecreation areas in each of the dis-tricts established by the Director ofCommunity Development for the


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Division of Light and Power,Department of Public Utilities, bydirect employment of the necessarylabor and the purchase or rental ofthe necessary supplies and materi-als for the making of the improve-ment, with a separate accounting asto each improvement so made.

Section 14. That the Directors ofPublic Utilities and CommunityDevelopment are authorized to makeone or more written contracts inaccordance with the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for each or all of theitems comprising the necessary sup-plies and materials for the improve-ment set forth in Section 13, includ-ing the rental of necessary equip-ment, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Division ofLight and Power, Department ofPublic Utilities.

Section 15. That the Directors ofParks, Recreation and Propertiesand Community Development areauthorized to make one or morewritten contracts in accordance withthe Charter and the Codified Ordi-nances of Cleveland, Ohio, 1976, foreach or all of the following items:furnish and plant trees in the Com-munity Development Block Grantareas established by the Director ofCommunity Development, for theDivision of Parks Maintenance,Department of Parks, Recreationand Properties.

Section 16. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitatingswimming pools, recreation, commu-nity, and senior citizens’ centers,including the installation of signs,in the Community DevelopmentBlock Grant districts established bythe Director of Community Develop-ment for the Division of Architec-ture, Department of Public Service,by contract or contracts duly let tothe lowest responsible bidder aftercompetitive biding for a gross pricefor the improvement.

Section 17. That the Directors ofPublic Service and CommunityDevelopment are authorized to enterinto one or more contracts for themaking of the improvement setforth in Section 16 with the lowestresponsible bidder after competitivebidding for a gross price for theimprovement, provided, however,that each separate trade and eachdistinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of such trades orcomponents may be the subject of aseparate contract for a gross price.Upon request of said director thecontractor shall furnish a correctschedule of unit prices, includingprofit and overhead, upon all itemsconstituting units of the improve-ment.

Section 18. That the Directors ofPublic Service and CommunityDevelopment are authorized to makeone or more written contracts inaccordance with the Charter and theCodified Ordinances of Cleveland,Ohio 1976, for each or all of theitems comprising the necessary sup-plies, equipment, and materials forthe improvement set forth in Section16, including the installation andthe rental of necessary equipment,to be purchased by the Commission-er of Purchases and Supplies on a

unit basis for the Division of Archi-tecture, Department of Public Ser-vice.

Section 19. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of resurfacing,constructing, reconstructing, grad-ing, draining, curbing, catch basins,tree lawns, streets, tree planting,roadside beautification, and allother improvements to streets andtheir appurtenances in the variousCommunity Development BlockGrant eligible areas, exclusive fromany work to be performed under anyother section of this or any otherordinance, by one or more publicimprovement requirement contractsduly let to the lowest responsiblebidder after competitive bidding ona unit basis for the improvement forthe Division of Engineering andConstruction, Department of PublicService. That the Directors of Pub-lic Service and Community Develop-ment are authorized to make one ormore written requirement contractswith the lowest responsible biddersafter competitive bidding for all ofsuch work estimated to be done dur-ing the period ending December 31,2004, on a unit basis, the unit pricesfor which shall include all labor,material and equipment required,with no fixed price for items notsubject to competitive bidding. Sep-arate requirement contracts may belet for the work to be done in eachof the districts established by theDirector of Community Develop-ment.

Section 20. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of resurfacing,constructing, reconstructing, grad-ing, draining, curbing, catch basins,tree lawns, streets, tree planting,roadside beautification, and allother improvements to streets andtheir appurtenances in the variousCommunity Development BlockGrant eligible areas, exclusive fromany work to be performed under anyother section of this or any otherordinance, by one or more publicimprovement requirement contractsduly let to the lowest responsiblebidders after competitive bidding ona unit basis for the improvement forthe Division of Streets, Departmentof Public Service. That the Directorsof Public Service and CommunityDevelopment are authorized to makeone or more written requirementcontracts with the lowest biddersafter competitive bidding for all ofsuch work estimated to be done dur-ing the period ending December 31,2004, on a unit basis, the unit pricesfor which shall include all labor,material and equipment requiredtherefor, with no fixed price foritems not subject to competitive bid-ding. Separate requirement con-tracts may be let for the work to bedone in each of the districts estab-lished by the Director of Communi-ty Development.

Section 21. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, rehabilitating ofparks, playgrounds, swimmingpools, including the installation ofsigns, and all other improvements torecreation areas and their appurte-nances in the various CommunityDevelopment Block Grant eligibleareas, exclusive from any work to

be performed under any other sec-tion of this or any other ordinance,by one or more public improvementrequirement contracts duly let to thelowest responsible bidders aftercompetitive bidding on a unit basisfor the improvement for the Divisionof Maintenance, Department ofParks, Recreation and Properties.That the Directors of Parks, Recre-ation and Properties and Communi-ty Development are authorized tomake one or more written require-ment contracts with the lowestresponsible bidder after competitivebidding for all of such work esti-mated to be done during the periodending December 31, 2004, on a unitbasis, the unit prices for which shallinclude all labor, material andequipment required, with no fixedprice for items not subject to com-petitive bidding. Separate require-ment contracts may be let for thework to be done in each of the dis-tricts established by the Director ofCommunity Development.

Section 22. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, rehabilitating ofparks, playgrounds, swimmingpools, including the installation ofsigns, and all other improvements torecreation areas and their appurte-nances in the various Block Granteligible areas, exclusive from thework to be performed under anyother section of this or any otherordinance, by one or more publicimprovement requirement contractsduly let to the lowest responsiblebidders after competitive bidding ona unit basis for the improvement forthe Division of Research, Planningand Development, Department ofParks, Recreation and Properties.That the Directors of Parks, Recre-ation and Properties and Communi-ty Development are authorized tomake one or more written require-ment contracts with the lowestresponsible bidders after competi-tive bidding for all of such workestimated to be done during theperiod ending December 31, 2004, ona unit basis, the unit prices forwhich shall include all labor, mate-rial and equipment required, with nofixed price for items not subject tocompetitive bidding. Separaterequirement contracts may be let forthe work to be done in each of thedistricts established by the Directorof Community Development.

Section 23. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitating ofretention basins, culverts, sewers,catch basins, manholes and theirappurtenances, in the various Com-munity Development Block Granteligible areas, exclusive from anywork to be performed under anyother section of this or any otherordinance, by one or more publicimprovement requirement contractsduly let to the lowest responsiblebidders after competitive bidding ona unit basis for the improvement forthe Division of Water Pollution Con-trol, Department of Public Utilities.That the Director of Public Utilitiesand Community Development areauthorized to make one or morewritten requirement contracts withthe lowest responsible bidders aftercompetitive bidding for all of suchwork estimated to be done during


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the period ending December 31, 2004,on a unit basis, the unit prices forwhich shall include all labor, mate-rial and equipment required, with nofixed price for items not subject tocompetitive bidding. Separate re-quirement contracts may be let forthe work to be done in each of thedistricts established by the Directorof Community Development.

Section 24. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructingsidewalks, handicap ramps, curbingand reconstructing treelawns inareas of the City of Cleveland deter-mined eligible by the Directors ofCommunity Development and PublicService. The Directors of Communi-ty Development and Public Serviceare authorized to enter into one ormore public improvement require-ment contracts with the lowest bid-der after advertising for all suchwork during the period endingDecember 31, 2004, on a unit basis.In the discretion of the Board ofControl, separate requirement con-tracts may be let for specified dis-tricts within the City.

Section 25. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, rehabilitating, andinstalling streets, parking lots,recreation area lighting and theirappurtenances in the various Com-munity Development Block Granteligible areas, exclusive from anywork to be performed under anyother section of this or any otherordinance, by one or more publicimprovement requirement contractsduly let to the lowest responsiblebidders after competitive bidding ona unit basis for the improvement forthe Division of Light and Power,Department of Public Utilities. Thatthe Directors of Public Utilities andCommunity Development are autho-rized to make one or more writtenrequirement contracts with the low-est responsible bidder after compet-itive bidding for all of such workestimated to be done during theperiod ending December 31, 2004, ona unit basis, the unit prices forwhich shall include all labor, mate-rial and equipment required, with nofixed price for items not subject tocompetitive bidding. Separaterequirement contracts may be let forthe work to be done in each of thedistricts established by the Directorof Community Development.

Section 26. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of plantingtrees and installing accessories inthe various Community DevelopmentBlock Grant eligible areas, exclu-sive from any work to be performedunder any other section of this orany other ordinance, by one or morepublic improvement requirementcontracts duly let to the lowestresponsible bidders after competi-tive bidding on a unit basis for theimprovement for the Division ofParks and Urban Forestry, Depart-ment of Parks, Recreation and Prop-erties. That the Directors of Parks,Recreation and Properties and Com-munity Development are authorizedto make one or more writtenrequirement contracts with the low-est responsible bidder after compet-itive bidding for all of such workestimated to be done during the

period ending December 31, 2004, ona unit basis, the unit prices forwhich shall include all labor, mate-rial and equipment required, with nofixed price for items not subject tocompetitive bidding. Separaterequirement contracts may be let forthe work to be done in each of thedistricts established by the Directorof Community Development.

Section 27. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitating ofcommunity centers, senior citizens’centers, recreation centers, andother public buildings, including theinstallation of signs, in the variousCommunity Development BlockGrant eligible areas, exclusive fromany work to be performed under anyother section of this or any otherordinance, by one or more contractslet to the lowest responsible biddersafter competitive bidding for a grossprice for the improvement.

Section 28. That the Directors ofPublic Service, Park, Recreation andProperties, and Community Develop-ment are authorized to enter intoone or more contracts for the mak-ing of the public improvement setforth in Section 27 with the lowestresponsible bidders after competi-tive bidding for a gross price for theimprovement, provided, however,that each separate trade and eachdistinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination, of such trades orcomponents may be the subject of aseparate contract for a gross price.Upon request of said directors thecontractor shall furnish a correctschedule of unit prices, includingprofit and overhead, upon all itemsconstituting units of the improve-ment.

Section 29. That the Directors ofPublic Service, Parks, Recreationand Properties, and CommunityDevelopment are authorized to makeone or more written contracts inaccordance with the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for each or all of the fol-lowing items: furniture and equip-ment to be utilized in conjunctionwith the making of the publicimprovement authorized in Section27 above.

Section 30. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of constructing,reconstructing, and rehabilitating ofcommunity centers, senior citizens’centers, recreation centers, andother public buildings in the variousCommunity Development BlockGrant eligible areas, including theinstallation of recreational equip-ment, exclusive from any work to beperformed under any other sectionof this or any other ordinance, byone or more public improvementrequirement contracts duly let to thelowest responsible bidders aftercompetitive bidding on a unit basisfor the improvement for the Divisionof Maintenance, Department ofParks, Recreation and Properties.That the Director of Parks, Recre-ation and Properties and Communi-ty Development are authorized tomake one or more written require-ment contracts with the lowestresponsible bidder after competitive

bidding for all of such work esti-mated to be done during the periodending December 31, 2004, on a unitbasis, the unit prices for which shallinclude all labor, material andequipment required, with no fixedprice for items not subject to com-petitive bidding. Separate require-ment contracts may be let for thework to be done in each of the dis-tricts established by the Director ofCommunity Development.

Section 31. That the Directors ofPublic Service, Parks, Recreationand Properties, Public Utilities andCommunity Development are autho-rized to employ by contract or con-tracts one or more architectural orengineering consultants or one ormore firms of architectural or engi-neering consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to prepare plans andspecifications for and to oversee thepublic improvements authorized bythe various sections of this ordi-nance. The selection of the consul-tants for the services shall be madeby the Board of Control on the nom-ination of the director or directorsauthorized to enter into the contractor contracts for the making of thepublic improvement from a list ofqualified consultants available foremployment as may be determinedafter a full and complete canvassfor the purpose of compiling such alist. The compensation to be paid forthe services shall be fixed by theBoard of Control. The contract orcontracts authorized shall be pre-pared by the Director of Law, andcertified by the Director of Finance.

Section 32. That the Director ofFinance shall certify the contractsauthorized by Sections 19 through26, inclusive, and Section 30 of thisordinance in the amount set forth inthe initial requisition and thereafterhe shall certify all orders placed bythe Commissioner of Purchases andSupplies under the requisitionissued against any such contract.

Section 33. That the costs of theimprovements or contracts autho-rized shall be paid from Fund Nos.14 SF 027, 14 SF 028, and 14 SF 029.



Ord. No. 691-03.By Council Member Jackson.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Colfax and MinnieAvenues to Cleveland Housing Net-work, Inc.

Whereas, the City of Clevelandadopted and implemented proceduresunder Chapter 5722 of the OhioRevised Code to facilitate reutiliza-tion of nonproductive lands situatedwithin the City of Cleveland; and


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Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-26-009 asmore fully described below, to Cleve-land Housing Network, Inc.



County of Cuyahoga and State ofOhio, and known as being Sublot No.16 in Patterson and Bill’s Subdivi-sion of part of Original One Hun-dred Acre Lot No. 329 as shown bythe recorded plat in Volume 3 ofMaps, Page 47 of Cuyahoga CountyRecords, and being 50 feet front onthe Southerly side of Colfax Road,S.E. and extending back of equalwidth 150 feet deep to Falcon Road,S.E. in the rear, be the same moreless, but subject to all legal high-ways.


Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-26-061 asmore fully described below to Cleve-land Housing Network, Inc.

Section 4. That the real property tobe sold pursuant to this Ordinance ismore fully described as follows:

P. P. No. 124-26-061 Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being parts ofSublot Nos. 15 and 16 in A.W. Fair-banks’ Subdivision of part of Origi-nal One Hundred Acre Lot No. 330,as shown by the recorded plat inVolume 3 of Maps, Page 50 of Cuya-hoga County Records, and togetherforming a parcel of land boundedand described as follows:

Beginning in the Northeasterlyline of Colfax Road, S.E. (50 feetwide), at its intersection with theEasterly line of said A.W. Fair-banks’ Subdivision; thence North-westerly, along said Northeasterlyline of Colfax Road, S.E., 277.38 feetto the principal place of beginningof the parcel of land herein intend-ed to be described; thence North-westerly along the Northeasterlyline of Colfax Road, S.E., 37.00 feet;thence Northeasterly along line atright angles to said Northeasterlyline of Colfax Road, S.E., 166.00 feetto the Southwesterly line of parcelof land conveyed to The Clevelandand Youngstown Railroad Company,

by deed dated August 19, 1914, andrecorded in Volume 1630, Page 323of Cuyahoga County Records; thenceSoutheasterly, along said South-westerly line of land conveyed toThe Cleveland and YoungstownRailroad Company, 37.00 feet; thenceSouthwesterly, along a line at rightangles to said Northeasterly line ofColfax Road, S.E., 166.00 feet to theprincipal place of beginning, asappears by said plat, be the samemore or less, but subject to all legalhighways.




P. P. No. 124-27-006 Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 36 and 37 in SebastianFieg’s Allotment of part of OriginalOne Hundred Acre Lot No. 330, asshown by the recorded plat in Vol-ume 4 of Maps, Page 60 of CuyahogaCounty Records, and bounded anddescribed as follows:

Beginning on the Northeasterlyline of Colfax Road, S.E., at a point10 feet Southeasterly, measuredalong said Northeasterly line fromthe most Westerly corner of saidSublot No. 36; thence Northwesterly,along said Northeasterly line of Col-fax Road, S.E., 35 feet; thence North-easterly parallel with the North-westerly line of said Sublot No. 36,150 feet; thence Southeasterly paral-lel with the Northeasterly line ofColfax Road, S.E., 35 feet; thenceSouthwesterly parallel with theNorthwesterly line of said Sublot No.36, 150 feet to the place of begin-ning, be the same more less, butsubject to all legal highways.


Section 7. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-27-007 asmore fully described, to ClevelandHousing Network, Inc.

Section 8. That the real property tobe sold pursuant to this Ordinance ismore fully described as follows:


County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 35 and 36 in SebastianFieg’s Allotment of part of OriginalOne Hundred Acre Lot No. 330, asshown by the recorded plat in Vol-ume 4 of Maps, Page 60 of CuyahogaCounty Records, and together form-ing a parcel of land bounded anddescribed as follows:

Beginning on the Northeasterlyline of Colfax Road, S.E., (50 feetwide), at a point distant Southeast-erly 5 feet from the most Westerlycorner of Sublot No. 35; thence North-westerly along said Northeasterly

line of Colfax Road, 35 feet to apoint; thence Northeasterly on a lineparallel to the Northwesterly line ofsaid Sublot No. 35, 150 feet to apoint; thence Southeasterly on a lineparallel to Colfax Road, S.E., asaforesaid, 35 feet; thence Southwest-erly 150 feet to the place of begin-ning, as appears by said plat, be thesame more or less, but subject to alllegal highways.

Excepting part of Sublot Nos. 29to 41, both inclusive, of the S. FriegSubdivision of part of Original OneHundred Acre Lot No. 330, as record-ed in Volume 4, Page 60 of Cuya-hoga County Map Records, also partof Saginaw Road and part of NorthAlley; as noted in the Limited War-ranty Deed from the City of ShakerHeights, Ohio to The Greater Cleve-land Regional Transit Authorityrecorded in Volume 14450, Page 657,Cuyahoga County Records.





County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 35 in Sebasitian Fieg’sAllotment of part of Original OneHundred Acre Lot No. 330, as shownby the recorded plat in Volume 4 ofMaps, Page 60 of Cuyahoga CountyRecords, and bounded and describedas follows:

Beginning on the Northeasterlyline of Colfax Road, S.E., at theSoutheasterly corner of Sublot No.35; thence Northwesterly along theNortheasterly line of Colfax Road,S.E., 35 feet to the Southeasterly cor-ner of land conveyed to William F.and Mary Scholl by Deed dated Sep-tember 6, 1906 and recorded in Vol-ume 1045 and 470 of Cuyahoga Coun-ty Records; thence Northeasterlyalong the Southeasterly line of landso conveyed, 150 feet to the South-westerly corner of land conveyed tothe Cleveland and Youngstown Rail-road Company by deed dated Feb-ruary 18, 1914 and recorded in Vol-ume 1594, Page 335 of CuyahogaCounty Records; thence Southeaster-ly along the Southwesterly line ofland so conveyed, 35 feet to theSoutheasterly line of Sublot No. 35;thence Southwesterly along saidSoutheasterly line, 150 feet to theplace of beginning, be the samemore less, but subject to all legalhighways.



Section 12. That the real propertyto be sold pursuant to this Ordinanceis more fully described as follows:


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County of Cuyahoga and State ofOhio, and known as being Sublot No.100 in Charles Leavitt Subdivision,of part of Original One HundredAcre Lots Nos. 327 and 330 as shownby the recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, having a frontage of 30feet on the Southeasterly side ofMinnie Avenue, S.E., and extendingback between parallel lines 150 feet,as appears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.99 in the Charles Leavitt’s Subdivi-sion of part of Original One Hun-dred Acre Lots Nos. 327 and 330, asshown by the recorded plat in Vol-ume 5 of Maps, Page 31 of CuyahogaCounty Records and being 30 feetfront on the Southeasterly side ofNorth East Street (now known asMinnie Avenue, S.E.) and extendingback of equal width 150 feet deep,as appears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.98 in Charles Levitt’s Subdivision ofpart of Original One Hundred AcreLots Nos. 327 and 330 as shown bythe recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Easterly side of Minnie Avenue(formerly Northeast Avenue) andextends back of equal width 150 feetdeep on the Northerly line of FalconCourt (formerly First Alley) (16 feetwide) as appears by said plat, bethe same more or less, but subjectto all legal highways.





County of Cuyahoga and State ofOhio, and known as being the Eastpart of Sublot No. 85 in the CharlesLeavitt’s Subdivision of a part ofOriginal One Hundred Acre LotsNos. 327 and 330, as shown by therecorded plat of said Subdivision onVolume 5 of Maps, Page 31 of Cuya-hoga County Records. Said part ofSublot No. 85 has a frontage of 30feet on the Westerly side of MinnieAvenue, S.E., (formerly NortheastAvenue) and extends back betweenparallel lines 120 feet, as appears bysaid plat.





County of Cuyahoga and State ofOhio, and known as being SublotNo. 84 in Charles Leavitt’s Subdivi-sion of part of Original One Hun-dred Acre Lots Nos. 327 and 330 asshown by the recorded plat in Vol-ume 5 of Maps, Page 31 of Cuya-hoga County Records. Said SublotNo. 84 has a frontage of 30 feet onthe Westerly side of MinnieAvenue, S.E., (formerly NortheastAvenue) and extends back betweenparallel lines 150 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.





County of Cuyahoga and State ofOhio, and known as being the North-easterly 70 feet of Sublot No. 51 inCharles Leavitt’s Allotment of a partof Original One Hundred Acre LotNos. 327 and 330, as shown by therecorded plat in Volume 5 of Maps,Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Southwesterly side of LeavittCourt, S.E., and extending backbetween parallel lines 70 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.

Section 23. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 124-30-095 as

more fully described below, to Cleve-land Housing Network, Inc.



County of Cuyahoga and State ofOhio, and known as being Sublot No.31 in Chas. Leavitt’s Subdivision ofa part of Original One Hundred AcreLots Nos. 327 and 330, as shown bythe recorded plat of said Subdivisionin Volume 5 of Maps, Page 31 ofCuyahoga County Records. SaidSublot No. 31 has a frontage of 30feet on the Southerly side of ColfaxRoad, S.E., and extends backbetween parallel lines 150 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.32 in Charles Leavitt’s Subdivisionof part of Original One HundredAcre Lots Nos. 327 and 330, as shownby the recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Southwesterly side of ColfaxRoad, S.E., and extending back ofequal width 150 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.33 in Charles Leavitt’s Subdivisionof part of Original One HundredAcre Lots Nos. 327 and 330, as shownby the recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Southerly side of Colfax Streetand extending back of equal width150 feet to a 16-foot alley in the rear,as appears by said plat, be the samemore or less, but subject to all legalhighways.




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County of Cuyahoga and State ofOhio, and known as being Sublot No.34 in Charles Leavitt’s Subdivisionof part of Original One HundredAcre Lots Nos. 327 and 330 as shownby the recorded plat of said Subdi-vision in Volume 5 of Maps, Page 31of Cuyahoga County Records; saidSublot No. 34 has a frontage of 30feet on the Southerly side of ColfaxRoad, S.E., and extends back ofequal width 150 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


Section 31. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases andSupplies is hereby authorized to sellPermanent Parcel No. 124-30-102 asmore fully described below, to Cleve-land Housing Network, Inc.



County of Cuyahoga and State ofOhio, and known as being Sublot No.36 in Charles Leavitt’s Subdivisionof part of Original One HundredAcre Lot Nos. 327 and 330, as shownby the recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Southwesterly side of ColfaxRoad, S.E., and extending back ofequal width 150 feet to the North-easterly line of Falcon Road, S.E.,as appears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.37 in Charles Leavitt Subdivision ofpart of Original One Hundred AcreLot No. 327 as shown by the record-ed plat in Volume 5 of Maps, Page31 of Cuyahoga County Records, andbeing 30 feet front on the South-westerly side of Colfax Road, S.E.,and extending back of equal width150 feet deep, as appears by saidplat, be the same more or less, butsubject to all legal highways.

Section 35. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sell

Permanent Parcel No. 124-30-104 asmore fully described below, to Cleve-land Housing Network, Inc.



County of Cuyahoga and State ofOhio, and known as being Sublot No.38 in Charles Leavitt Subdivision ofpart of Original One Hundred AcreLot No. 327, as shown by the record-ed plat in Volume 5 of Maps, Page31 of Cuyahoga County Records, asappears by said plat, and being 30feet front on the Southwesterly sideof Colfax Road S.E. and extendingback of equal width 150 feet deep,be the same more or less, but sub-ject to all legal highways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.39 in Charles Leavitt’s Subdivisionof part of Original One HundredAcre Lot Nos. 327 and 330, as shownby the recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Southwesterly side of ColfaxRoad, S.E., (formerly Colfax Street)and extending back of equal width150 feet to the Northeasterly side ofFalcon Court, S.E. (formerly FirstAlley) as appears by said plat, bethe same more or less, but subjectto all legal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.40 of Charles Leavitt’s Subdivisionof part of Original One HundredAcre Lot Nos. 327 and 330, as shownby the recorded plat in Volume 5 ofMaps, Page 31 of Cuyahoga CountyRecords. Said Sublot No. 40 has afrontage of 30 feet on the Southerlyside of Colfax Road, S.E., andextends back between parallel lines150 feet deep, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 41 and 42 in CharlesLeavitt’s Subdivision of part ofOriginal One Hundred Acre LotNos. 327 and 330 as shown by therecorded plat in Volume 5 of Maps,Page 31 of Cuyahoga CountyRecords and together forming aparcel of land bounded anddescribed as follows:

Beginning on the Southwesterlyline of Colfax Road, S.E., (50 feetwide) at its intersection with themost Easterly corner of said SublotNo. 41; thence Southwesterly alongthe Southeasterly line of said SublotNo. 41, 89.99 feet to an iron pin;thence Northerly at an includedangle of 36° 34” to the last describedline a distance of 50.42 feet to apoint in the Northwesterly line ofsaid Sublot No. 41; thence North-westerly at right angles to saidNorthwesterly line a distance of 8feet to an iron pin; thence North-easterly parallel with the North-westerly line of said Sublot No. 41 adistance of 43.55 feet to an iron pin;thence Northeasterly at an includedangle of 126° 31’ to the lastdescribed line a distance of 9.95 feetto the most Northerly corner of saidSublot No. 41 and the Southwesterlyline of Colfax Road, S.E.; thenceSoutheasterly along the Southwest-erly line of Colfax Road, S.E., a dis-tance of 30 feet to the place ofbeginning as appears by the surveyof The William H. Evers Engineer-ing Company dated January 1926 bethe same more less, but subject toall legal highways.





County of Cuyahoga and State ofOhio, and known as being the South-westerly part of Sublot No. 51 inCharles Leavitt’s Allotment of partof Original One Hundred Acre LotNos. 327 and 330 as shown by therecorded plat in Volume 5 of Maps,Page 31 of Cuyahoga CountyRecords, and being 30 feet front onthe Northeasterly side of ColfaxRoad and extending back betweenparallel lines 80 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.

Section 45. That all documentsnecessary to complete the con-veyance authorized by this ordi-nance shall be executed within six(6) months of the effective date ofthis ordinance. If all of the docu-ments are not executed within six


1492

(6) months of the effective date ofthis ordinance, or such additionaltime as may be granted by theDirector of Community Develop-ment, this ordinance shall berepealed and shall be of no furtherforce or effect.





Ord. No. 693-03.By Council Member Reed.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 11720 Union Avenueto Juanito Marshall.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 137-01-010,as more fully described below, toJuanito Marshall.

Section 2. That the real propertyto be sold pursuant to this ordi-nance is more fully described asf o l l o w s :


County of Cuyahoga and State ofOhio, and known as being Sublot No.145 in the Union Rice Subdivision ofpart of Original One Hundred AcreLots Nos. 444 and 452, as shown bythe recorded plat in Volume 47 ofMaps, Page 24 of Cuyahoga CountyRecords and being 36 feet front onthe Southerly side of Union Avenue,S.E., 119.66 feet deep on the West-erly line, 119.87 feet deep on theEasterly line and 36 feet wide in therear as appears by said plat, be thesame more or less, but subject to alllegal highways.




Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City of Cleve-land. The deed shall contain suchprovisions as may be necessary toprotect and benefit the public inter-est including such restrictivecovenants and reversionary interestsas may be specified by the Board ofControl, the Director of CommunityDevelopment or the Director of Law.



Ord. No. 695-03.By Council Member Zone.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 1833 West 50th Streetto Cleveland Housing Network, Inc.,or designee.


Whereas, real property acquiredunder the City’s Land ReutilizationProgram is acquired, held, adminis-tered and disposed by the City ofCleveland through its Department ofCommunity Development under the

terms of Chapter 5722 of the OhioRevised Code and Section 183.021 ofCodified Ordinances of the City ofCleveland, 1976; and



Section 1. That pursuant to Section183.021 of the Codified Ordinances ofCleveland, Ohio 1976, the Commis-sioner of Purchases and Supplies ishereby authorized to sell PermanentParcel No(s). 002-35-055, as more fullydescribed below, to Cleveland Hous-ing Network, Inc., or designee.



County of Cuyahoga and State ofOhio, and known as being theSoutherly 35.57 feet of Sublot No. 307in Benedict and Roots Allotment ofpart of Original Brooklyn TownshipLots Nos. 48 and 49 as shown by therecorded plat in Volume 1 of Maps,Page 13 of Cuyahoga CountyRecords, and being a parcel of land35.57 feet front on the Easterly sideof West 50th Street and extendingback between parallel lines 126 feetto a 12 foot alley, as appears by saidplat, be the same more or less, butsubject to all legal highways.








1493

Ord. No. 702-03.

By Council Members Reed and Jackson (by departmental request).

An emergency ordinance authorizing the Director of Public Safety to enter into amendments to Contract Nos.

60242, 60316, and 60319 to provide additional services necessary to implement the Juvenile Accountability Incen-

tive Block Grant Program.

Whereas, under Ordinance No. 185-02, passed April 8, 2002, this Council authorized the Director of Public Safe-

ty to enter into Contract Nos. 60242, 60316, and 60319 in order to implement the Juvenile Accountability Incentive

Block Grant Program authorized by that ordinance; and

Whereas, additional services under these contracts are desired; and




Section 1. That the Director of Public Safety is authorized to enter into amendments to the following contracts

to provide additional services necessary to implement the Juvenile Accountability Incentive Block Grant Program:

Contract No. Organization Increase Total

60242 Partnership for a Safer Cleveland $135,000.00 $183,320.00

60319 St. Martin de Porres Family Center $ 15,360.00 $ 39,360.00

60316 Berea Children’s Home $ 29,214.00 $172,394.00

The increases shall be paid from Fund No. 13 SF 966.

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.




1494

Ord. No. 703-03.By Council Members Reed and

Jackson (by departmental request).An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe Ohio Department of Public Safe-ty for the Bio-Chemical FirstResponder Personal Protective Ap-parel Program for the Division ofFire; and to enter into one or morerequirement contracts necessary toimplement the program.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $280,060, from the OhioDepartment of Public Safety for theBio-Chemical First Responder Per-sonal Protective Apparel Programfor the Division of Fire; that theDirector of Public Safety is autho-rized to file all papers and executeall documents necessary to receivethe funds under the grant; and thatthe funds are appropriated for thepurposes set forth in the applicationfor the grant contained in the filedescribed below.

Section 2. That the application forthe grant, File No. 703-03-A, made apart of this ordinance as if fullyrewritten, is approved in allrespects.

Section 3. That the Director ofPublic Safety is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe necessary items of equipmentand supplies needed to implementthe program. Bids shall be taken ina manner that permits an award tobe made for all items as a singlecontract, or by separate contract foreach or any combination of theitems as the Board of Control shalldetermine. Alternate bids for a peri-od less than the grant term may be

taken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.

Section 4. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Public Safety may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess. The unit cost of $280.06 perkit has been determined by a stateterm contract competitively bidunder the laws and rules of theState of Ohio. The vendor is DefenseTechnology Corporation of America.

Section 5. That the costs of thepurchases authorized by this ordi-nance shall be charged against thefund or funds which are credited thegrant proceeds accepted under thisordinance and shall be chargedagainst the proper appropriationaccounts and the Director ofFinance shall certify the amount ofthe initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director.

Section 6. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantif the extension does not involve anincrease in the dollar amount of thegrant specified above.





ing the Director of Public Safety toapply for and accept a grant fromthe Ohio Department of Public Safe-ty for the Bio-Chemical FirstResponder Personal Protective Ap-parel Program for the Division ofEmergency Medical Service; and toenter into one or more requirementcontracts necessary to implementthe program.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $84,018, from the OhioDepartment of Public Safety for theBio-Chemical First Responder Per-sonal Protective Apparel Programfor the Division of Emergency Med-ical Service; that the Director ofPublic Safety is authorized to fileall papers and execute all docu-ments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses set forth in the application forthe grant contained in the filedescribed below.

Section 2. That the application forthe grant, File No. 704-03-A, made apart of this ordinance as if fullyrewritten, is approved in allrespects.

Section 3. That the Director ofPublic Safety is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe necessary items of equipmentand supplies needed to implementthe program. Bids shall be taken ina manner that permits an award tobe made for all items as a singlecontract, or by separate contract foreach or any combination of theitems as the Board of Control shall

determine. Alternate bids for a peri-od less than the grant term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.

Section 4. That under Section108(b) of the Charter, the purchasesauthorized by this ordinance may bemade through cooperative agree-ments using state procedures. TheDirector of Public Safety may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to make the pur-chases, and may enter into one ormore contracts with the vendorsselected through that cooperativeprocess. The unit cost of $280.06 perkit has been determined by a stateterm contract competitively bidunder the laws and rules of theState of Ohio. The vendor is DefenseTechnology Corporation of America.

Section 5. That the costs of thepurchases authorized by this ordi-nance shall be charged against thefund or funds which are credited thegrant proceeds accepted under thisordinance and shall be chargedagainst the proper appropriationaccounts and the Director ofFinance shall certify the amount ofthe initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director.




Ord. No. 771-03.By Council Members Gordon, John-


An emergency ordinance appropri-ating Community DevelopmentBlock Grant funds for expenses forthe Project Clean Program; andauthorizing the Director of Parks,Recreation and Properties to enterinto one or more contracts with var-ious agencies to implement the Pro-gram.

Whereas, the City of Clevelandhas received a Community Develop-ment Block Grant, Year 29, from theUnited States Government; and



Section 1. That Community Devel-opment Block Grant funds in theamount of Five Hundred ThousandDollars ($500,000) from Fund No. 14SF 029, Request No. 125732, areappropriated for costs of the Depart-ment of Parks, Recreation and Prop-erties associated with conducting

the Project Clean Program in con-junction with the Community Devel-opment Block Grant Program.

Section 2. That the Director ofParks, Recreation and Properties isauthorized to enter into one or morecontracts with various non-profitand for-profit agencies to provideservices necessary to implement theProject Clean Program.

Section 3. That prior to expendingfunds under this ordinance, theDirector of Parks, Recreation andProperties and the Director of Com-munity Development shall enter intoa memorandum of understanding forthis program.




ing the sale of real property as partof the Land Reutilization Programand located on East 68th Street toMichael B. Lisman.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases andSupplies is hereby authorized to sellPermanent Parcel No(s). 118-05-002,118-05-003 and 118-05-071, as morefully described below, to Michael B.Lisman.



County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 38 in Streater and AdamsSubdivision of part of Original OneHundred Acre Lots Nos. 338 and 341,as shown by the recorded plat inVolume 4 of Maps, Page 4 of Cuya-hoga County Records and boundedand described as follows:

Beginning on the Southerly line ofHough Avenue, N.E., (formerlyHough Street), at a point 41 feetEasterly, measured along saidSoutherly line, from its point ofintersection with the Easterly line

of East 68th Street, (formerly KirkStreet); thence Easterly, along saidSoutherly line of Hough Avenue,N.E., 44 feet 9-1/2 inches to theNortheasterly corner of said SublotNo. 38; thence Southerly, along theEasterly line of said Sublot No. 38,95 feet; thence Westerly, on a lineparallel to the Southerly line of saidSublot No. 38, 44 feet 9-1/2 inches;thence Northerly, 95 feet to the placeof beginning, and being furtherknown as Sublot No. 5 in John D.Bridges proposed re-Subdivision ofsaid Sublot No. 38 as appears bysaid plat, be the same more or less,but subject to all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.28 in Stone, Johnson and Bates’Allotment of part of Original OneHundred Acre Lot No. 338, as shownby the recorded plat in Volume 9 ofMaps, Page 20 of Cuyahoga CountyRecords, and also a part of SublotNo. 38 in Streator and Adams’ Sub-division of part of Original OneHundred Acre Lots Nos. 338 and 341,as shown by the recorded plat inVolume 4 of Maps, Page 4 of Cuya-hoga County Records, and togetherforming a parcel of land boundedand described as follows:

Beginning on the Southerly line ofHough Avenue, N.E., at its point ofintersection with the Easterly lineof East 68th Street (formerly KirkStreet); thence Southerly along saidEasterly line of East 68th Street, 95feet; thence Easterly parallel withsaid Southerly line of HoughAvenue, N.E., 41 feet; thenceNortherly parallel with said Easter-ly line of East 68th Street, 95 feetto said Southerly line of Hough,N.E.; thence Westerly along saidSoutherly line of Hough Avenue,N.E., 41 feet to the place of begin-ning and being further known asSublot No. 4 in John D. Bridges pro-posed Subdivision of said SublotsNos. 28 and 38, be the same more orless, but subject to all legal high-ways.


County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 28 in Stone, Johnson andBates Allotment, of part of OriginalOne Hundred Acre Lot No. 338, asshown by the recorded plat in Vol-ume 9 of Maps, Page 20 of CuyahogaCounty Records, and also a part ofSublot No. 38 in Streator and AdamsSubdivision, of part of Original OneHundred Acre Lots Nos. 338 and 341,as shown by the recorded plat inVolume 4 of Maps, Page 4 of Cuya-hoga County Records, and togetherforming a parcel of land boundedand described as follows:

Beginning on the Easterly line ofEast 68th Street, (formerly KirkStreet), at a point 95 feet Southerly(measured along said Easterly line),from its point of intersection withthe Southerly line of Hough Avenue,N.E.; thence Southerly along saidEasterly line of East 68th Street, 35feet; thence Easterly on a line par-allel with the Southerly line of saidSublots Nos. 28 and 38, 85.29 feet tothe Easterly line of said Sublot No.38; thence Northerly along said East-erly line of Sublot No. 38, 35 feet;thence Westerly 85.41 feet to theplace of beginning, and being fur-


1495

ther known as Sublot No. 1 in JohnD. Bridge’s Proposed Subdivision, bethe same more or less, but subjectto all legal highway, and subject toall restrictions and easements ofrecord, if any.






Ord. No. 780-03.By Council Members Cimperman,

Gordon and Jackson (by depart-mental request).

An emergency ordinance authoriz-ing the Director of CommunityDevelopment to lease properties atLakeside Avenue between West 6thand W. 9th Street and at the north-west corner of West 3rd and Sum-mit Street from the County of Cuya-hoga, each for a term of ten yearswith one ten year option to renew,for the public purpose of operatingparking for visitors to and residentsand tenants of the Warehouse Dis-trict.

Whereas, the City of Clevelandrequires certain properties at Lake-side Avenue between West 6th andW 9th Street and at the northwestcorner of West 3rd and SummitStreet for the public purpose of oper-ating parking for visitors to and res-idents and tenants of the WarehouseDistrict; and

Whereas, the County of Cuyahogahas proposed to lease these proper-ties to the City of Cleveland; and



Section 1. That notwithstandingand as an exception to the provi-sions of Chapters 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, the Director of Commu-nity Development is authorized tolease from the County of Cuyahoga,certain properties more fullydescribed as follows:

1.0166 Acres Lakeside ExtensionParking Area

(“Parcel B”)(Area to be Leased)

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, bounded and described as fol-lows:

Beginning at the intersection ofthe centerlines of Lakeside Avenue(99 feet wide) (formerly LakesideStreet) and West 6th Street (99 feetwide) (formerly Bank Street), wit-nessed by a stone monument anddrill hole found 0.38 feet Southalong West 6th Street from the cen-terline of Lakeside Avenue:

Thence North 34° 05' 25" Westalong the centerline of West 6thStreet, 28.03 feet to a point;

Thence South 55° 54' 35" Westand parallel with the centerline ofLakeside Avenue, 21.60 feet to apoint and the principal point ofbeginning of the premises hereindescribed;

Thence South 69° 51' 30" West,73.70 feet to a point;

Thence South 68° 38' 05" West,474.66 feet to a point;

Thence North 33° 59' 23" West,42.65 feet to a point;

Thence North 56° 02' 00" East,269.24 feet to a point of curvature;

Thence along the arc of a curvedeflecting to the right, an arc of131.02 feet, said curve having aradius of 295.04 feet and a chordthat bears North 68° 45' 17" East,129.94 feet to a point of compoundcurvature;

Thence along the arc of a curvedeflecting to the right, an arc of106.30 feet, said curve having aradius of 1002.49 feet and a chordthat bears North 84° 30' 49" East,106.25 feet to a point of compoundcurvature;

Thence along the arc of a curvedeflecting to the right, an arc of61.95 feet, said curve having aradius of 160.32 feet and a chordthat bears South 81° 22' 45" East,61.56 feet to a point;

Thence South 34° 05' 25" East,42.88 feet to the principal place ofbeginning and containing 1.0166acres of land as calculated anddescribed by The North Coast Engi-neering and Surveying Co., Inc. inApril of 1999, be the same more orless, but subject to all legal high-ways.

Section 2. That notwithstandingand as an exception to the provi-sions of Chapters 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, the Director of Commu-nity Development is authorized tolease from the County of Cuyahoga,certain properties more fullydescribed as follows:

PART OF PERMANENTPARCEL NO. 101-09-009

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being all ofSublot Nos. 27 and 28 and part ofSublot Nos. 26 and 29 in the SpencerStafford Allotment of part of Origi-nal Two Acre Lot No. 8, as shownby the recorded plat in Vol. Z ofDeeds, Page 721 of Cuyahoga Coun-

ty Records, together with other landin Original Two Acre Lot Nos. 7 and8, forming a parcel of land boundedand described as follows:

Beginning at a capped 5/8" ironpin set in the Southwesterly line ofWest 3rd Street, 99 feet wide, at apoint distant South 33° 52' 10" East,15.68 feet as measured along saidSouthwesterly line from the Souther-ly line of Front Avenue, N.W., nowvacated;

Course No. 1: Thence South 33° 56'33" East, continuing along saidSouthwesterly line of West 3rdStreet, 51.49 feet to a capped 5/8"iron pin at its intersection with theback of the walk of the SummitAvenue Extension, so called;

Course No. 2: Thence South 55° 18'16" West along said back of walk,40.95 feet to a capped 5/8" iron pinset at an angle point therein;

Course No. 3: Thence South 25° 24'15" West continuing along said backof walk, 11.89 feet to a capped 5/8"iron pin set at an angle point there-in;

Course No. 4: Thence South 56° 07'50" West continuing along said backof walk, 114.27 feet to a capped 5/8"iron pin set at the point of curva-ture therein;

Course No. 5: Thence continuingSouthwesterly along said curvedback of walk, being the arc of a cir-cle deflecting to the left an arc dis-tance of 51.16 feet, to a capped 5/8"iron pin set at its intersection withthe Southwesterly line of a parcel ofland conveyed to the Board of Coun-ty Commissioners of CuyahogaCounty by deed dated March 27, 1939and recorded in Volume 4938 ofDeeds, Page 99 of Cuyahoga CountyRecords, said curved line having aradius of 320.65 feet and a chordwhich bears South 51° 33' 35" West,51.11 feet;

Course 6: Thence North 33° 56' 07"West along said Southwesterly line,44.73 feet to a capped 5/8" iron pinset at the top of bank;

Thence in a general Northeasterlydirection along said top of bank thefollowing courses and distances;

Course 7: Thence North 54° 58' 53"East, 21.15 feet to a capped 5/8" ironpin set;

Course 8: Thence North 38° 56' 19"East, 32.47 feet to a capped 5/8" ironpin set;

Course No. 9: Thence North 49° 21'41" East, 42.83 feet to a capped 5/8"iron pin set;

Course No. 10: Thence North 41°20' 59" East, 39.89 feet to its inter-section with the Southwesterly lineof a parcel of land conveyed toHarry Rosenthal by deed dated July29, 1957 and recorded in Volume8897, Page 386 of Cuyahoga CountyRecords;

Course No. 11: Thence South 33°52' 13" East, along said Southwest-erly line, 29.53 feet to the mostSoutherly corner of land so con-veyed to Harry Rosenthal;

Course No. 12: Thence North 25°09' 09" East, along the Southeaster-ly line of land so conveyed to HarryRosenthal, 68.74 feet to a capped5/8" iron pin set at its intersectionwith said top of bank;

Course No. 13: Thence North 50°28' 46" East, 11.63 feet to a capped5/8" iron pin set;

Course No. 14: Thence North 64°10' 53" East, 17.09 feet to a capped5/8" iron pin set;

Course No. 15: Thence North 56°03' 27" East, 3.97 feet to the placeof beginning, containing 11,492square feet (0.2638 acre) of land,


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according to a survey by Garrett &Associates, Inc. Registered Engi-neers and Surveyors, made in Octo-ber, 1996, be the same more or less,but subject to all legal highways.

The bearings given herein are toan assumed meridian and are usedonly to denoted angles.

Section 3. That the term of theleases authorized by this ordinanceshall each be for a period of ten(10) years, with both leases eachhaving one option exercisable bythe Director of Community Develop-ment, to renew for an additional ten-year term, and cancelable on thirtydays written notice by the Director.

Section 4. That the rent for thelease authorized in Section 1 shallbe $2,500 annually plus twenty-fivepercent (25%) of net revenuesearned from parking, less costs toimprove the property.

Section 5. That the rent for thelease authorized in Section 2 shallbe $3,600 annually, less parking tax,plus one-half of adjusted gross rev-enues generated from parking forfootball games and concerts held atthe Cleveland Stadium during thatyear, exclusive of utilities.

Section 6. That the leases mayauthorize the City to make improve-ments to the leased premises underterms to be determined by the par-ties consistent with the public pur-pose of operating parking for visi-tors to and residents and tenants ofthe Warehouse District.

Section 7. That the leases shall beprepared by the Director of Law andshall contain any additional termsand conditions that are required toprotect the interests of the City.

Section 8. That the Director ofCommunity Development and theDirector of Law, and other appro-priate City officials, are authorizedto execute other documents and cer-tificates, and take other actions thatmay be necessary or appropriate toeffect the leases authorized by thisordinance.




Gordon and Jackson.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to lease property atWest Lakeside Avenue betweenWest 6th and W. 9th Street from theCounty of Cuyahoga, and authoriz-ing the director to sublease theproperty to Marshall Parking LLC,or its designee, for the public pur-pose of improving and operatinglong-term parking for residents ofMarshall Place.

Whereas, acquiring interests inreal property to equip privately-owned housing is a proper publicpurpose under Ohio ConstitutionArticle VIII, Section 16; and

Whereas, the City desires to leasecertain property on West LakesideAvenue between West 6th and West9th from Cuyahoga County for thepublic purpose of subleasing the

property to Marshall Parking LLCto provide parking for residents ofMarshall Place; and



Section 1. That notwithstandingand as an exception to the provi-sions of Chapters 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, the Director of Commu-nity Development is authorized tolease from the County of Cuyahoga,certain property more fullydescribed as follows:

0.130 Acre Lease ParcelSituated in the City of Cleveland,

County of Cuyahoga and State ofOhio and known as being part ofOriginal 2 acre Lot No. 1 and beingfurther bounded and described asfollows:

Beginning at the intersection ofthe south wall of the exit ramp fromthe Main Avenue Bridge (ClevelandMemorial Shoreway) and the northline of West Lakeside Avenue, 99feet wide;

Thence South 56° 10' 01" West,225.96 feet along said North line ofsaid West Lakeside Avenue to theEast line of West 9th Street, 99 feetwide;

Thence North 33° 53' 07" West,50.22 feet along said East line ofWest 9th Street to said south wallof the exit ramp from the MainAvenue bridge;

Thence North 68° 41' 45" East,231.52 feet along the south wall ofsaid exit ramp to the point of begin-ning,and containing 0.130 acres of landbe the same more or less but sub-ject to all legal highways, and ease-ments of record as surveyed anddescribed May, 2003 by David W.Novak, P.S. No. 7507. Bearings usedherein based on a survey by Garrettand Associates, Inc. and are todenote angular relationship onlyand do not represent true north.

Section 2. That notwithstandingand as an exception to the provi-sions of Chapters 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, the Director of Commu-nity Development is authorized tosublease the property described inthis ordinance to Marshall ParkingLLC, or its designee, for operationby the sublessee as parking for res-idents of Marshall Place.

Section 3. That the term of thelease and sublease authorized bythis ordinance shall be for a periodof twenty-five (25) years, with oneoption exercisable by the Director ofCommunity Development, to renewboth the lease and the sublease foran additional twenty-five (25) yearterm, and cancelable on thirty dayswritten notice by the Director.

Section 4. That the rent for thelease authorized by this ordinanceshall be paid directly by MarshallParking LLC to Cuyahoga County; allmaintenance, taxes, utilities, andinsurance shall be at the sole cost andexpense of Marshall Parking LLC.

Section 5. That all improvementsto the property shall be approved bythe City and Cuyahoga County, andshall be at the sole cost and expenseof Marshall Parking LLC, and at nocost to the City.

Section 6. That the lease and sub-lease shall be prepared by the Direc-tor of Law and shall contain any

additional terms and conditions thatare required to protect the interestsof the City.

Section 7. That the Director ofCommunity Development and theDirector of Law, and other appro-priate City officials, are authorizedto execute other documents and cer-tificates, and take other actions thatmay be necessary or appropriate toeffect the lease and sublease autho-rized by this ordinance.



Ord. No. 782-03.By Council Member Coats.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 12409 Maple Avenueto Northeastern Neighborhood Devel-opment Corporation or designee.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 111-16-201,as more fully described below, toNortheastern Neighborhood Develop-ment Corporation or designee.



County of Cuyahoga and State ofOhio, and known as being Sublot No.150 in a Re-Subdivision of a part ofthe Model Village Subdivision of partof Original One Hundred Acre LotsNos. 357 and 358, as shown by therecorded plat in Volume 46 of Maps,Page 17 of Cuyahoga County Recordsand being 40 feet front on theNortherly side of Maple Avenue, N.E.,and extending back between parallellines 100 feet, as appears by said plat.


Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-


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nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.





Ord. No. 784-03.By Council Members Jones, Gor-

don and Jackson (by departmentalrequest).

An emergency ordinance authoriz-ing the sale of real property as partof the Land Reutilization Programand located on Lincoln Avenue toTerrance Freeman.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 142-27-108,as more fully described below, toTerrance Freeman.



County of Cuyahoga and State of

Ohio, and known as being Sublot No.272 in Bella Villa Allotment of partof Original Warrensville TownshipLot No. 104, as shown by the record-ed plat in Volume 28 of Maps, Page22 of Cuyahoga County Records, bethe same more or less, but subjectto all legal highways.






Ord. No. 788-03.By Council Member Reed.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 11720-22 KinsmanRoad to Willie R. Jones and MaryT. Jones, Trs.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, the

Commissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 130-21-026,as more fully described below, toWillie R. Jones and Mary T. Jones,Trs.



County of Cuyahoga and State ofOhio, and known as being a part ofSublot Nos. 2 and 3 in the MorganPark Subdivision of a part of Orig-inal One Hundred Acre Lot No. 444,as shown by the recorded plat ofsaid Subdivision in Volume 40 ofMaps, Page 4 of Cuyahoga CountyRecords and bounded and describedas follows:

Beginning in the Southwesterlyline of Kinsman Road, S.E., distant2 feet Southeasterly measured alongsaid Southerly line of KinsmanRoad, S.E., from the Northeasterlycorner of said Sublot No. 2; thenceNorthwesterly along said Southerlyline of Kinsman Road, S.E., a dis-tance of 40 feet; thence Southerlyparallel with the Easterly line ofsaid Sublot No. 2, a distance of about143 83/100 feet to the Southerly lineof said Sublot No. 2; thence Easter-ly along the Southerly line of saidSublot Nos. 2 and 3, a distance ofabout 39 feet; thence Northerly par-allel with the Westerly line of saidSublot No. 3, a distance of about 13252/100 feet to the place of begin-ning, be the same more or less, butsubject to all legal highways.








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Ord. No. 790-03.By Mayor Campbell.An emergency ordinance authoriz-

ing the Director of the Office ofEqual Opportunity to apply for andaccept grants from the Gund Foun-dation and the Cleveland Founda-tion to implement the ClevelandContractor Assistance Program.



Section 1. That the Director of theOffice of Equal Opportunity isauthorized to apply for and acceptgrants in the approximate aggre-gate amount of $350,000, from theGund Foundation and the ClevelandFoundation to implement the Cleve-land Contractor Assistance Program;that the Director the Office of EqualOpportunity is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for this purpose. TheDirector shall submit a copy of thegrant application to the Chair of theCommittee on Employment, Affir-mative Action and Training prior tosubmittal to the foundations.



Ord. No. 791-03.By Mayor Campbell.An emergency ordinance to amend

Section 187.08 of the Codified Ordi-nances of Cleveland, Ohio, 1976, asenacted by Ordinance No. 1660-85,passed February 10, 1986, relating tohearing procedure; and to supple-ment the codified ordinances byenacting new Section 187.081 relat-ing to subpoena power.

Whereas, the City desires to givethe Office of Equal Opportunity theability to conduct investigationseffectively; and

Whereas, the City has the powerunder Section 46 of the Charter ofthe City of Cleveland to grant sub-poena power to any officer; and



Section 1. That Section 187.08 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as enacted by Ordi-nance No. 1660-85, passed February10, 1986, is amended to read as fol-lows:

Section 187.08 Hearing ProcedureIf the contractor files a timely

objection as provided in division (d)of Section 187.07 to a written find-ing by the Administrator, the Direc-tor shall hold a hearing on the mat-ter of the objection. The hearingshall be held not less than five days

nor more than ten days from the fil-ing, unless otherwise mutuallyagreed to by the contractor and theDirector. Notice of the date, timeand place for the hearing shall besent by certified mail to all inter-ested parties by the Director. Thecontractor shall have the right torecord the proceedings of the hear-ing at the sole expense of the con-tractor.

Section 2. That Section 187.08 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as enacted by Ordi-nance No. 1660-85, passed February10, 1986, is repealed.

Section 3. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tion 187.081 to read as follows:

Section 187.081 Subpoena Power(a) In any investigation relating

to compliance by contractors orfirms with the City’s MBE and FBErequirements under Section 187.07 orin any hearing held under Section187.08 relating to a contractor’s com-pliance with the City’s MBE andFBE requirements, the Administra-tor or the Director may issue inwriting and cause to be served asubpoena requiring the following:

(1) the production of any recordsor other things relevant to the inves-tigation; and

(2) relevant testimony.(b) Any subpoena issued under

division (a) is subject to the samelimitations as would apply if thesubpoenas were issued or served inaid of a civil action in a court ofcommon pleas.

(c) In case of refusal to obey asubpoena issued by the Administra-tor or the Director, the Director ofLaw may petition for its enforce-ment in the court of common pleasin the county in which the person towhom the subpoena was addressedresides, was served, or transactsbusiness.




Sections 181.22, 185.03, 185.36, and187.03 of the Codified Ordinances ofCleveland, Ohio, 1976, as amendedby various ordinances; and to sup-plement the codified ordinances byenacting new Sections 181.37 and185.341, relating to subcontractors,bids, suppliers, and payments.



Section 1. That the following Sec-tions of the Codified Ordinances ofCleveland, Ohio, 1976:

Section 181.22, as amended byOrdinance No. 1119-61, passed June12, 1961,

Sections 185.03 and 185.36, asamended by Ordinance No. 1236-60,passed June 20, 1960, and


are amended to read as follows:

Section 181.22 Form of BidEvery bid must be made on the

blank form of bid attached to theinvitation to bid, must give the priceof each and every item bid on, infigures, must contain the full nameof every person, firm or corporationinterested in the bid and the addressof the person, firm or the presidentand secretary of the corporation bid-ding and the name and address ofevery subcontractor and material-man which the bidder intends to uti-lize in accomplishment of the con-tract work. If a corporation, thebidder must give the name of theState in which it is incorporated andthe bid must be clearly signed withthe full name and address of eachperson, firm or corporation interest-ed in the bid.

Section 185.03 Form of BidEvery bid must be made on the

blank form of bid attached to theinvitation to bid, must give the priceof each and every item of the workbid on, if figures, must contain thefull name of every person, firm orcorporation interested in the bid andthe address of the person, firm orthe president and secretary of thecorporation bidding and the nameand address of every subcontractorand materialman which the bidderintends to utilize in accomplishmentof the contract work. If a corpora-tion, the bidder must give the nameof the State in which it is incorpo-rated and the bid must be clearlysigned with the full name andaddress of each person, firm or cor-poration interested in the bid.

Section 185.36 Subcontractors(a) The contractor shall not sub-

let nor shall any subcontractor com-mence performance of any part ofthe work included or any material-man deliver or fabricate materials,plant or equipment to be incorpo-rated in the contract without theprevious written consent of theBoard of Control. Subletting, if per-mitted, shall not relieve the con-tractor or his surety of any of hisor its obligations under the contract.

(b) Failure by the contractor toobtain consent of the Board of Con-trol for any subcontractor or mate-rialman shall be a breach of the con-tract for which the contractor mayincur a penalty.

(c) The contractor shall be andremain solely responsible to theCity for the acts or faults of hissubcontractor and of such subcon-tractor’s officers, agents andemployees, each of whom shall, forthis purpose, be deemed to be theagent or employee of the contrac-tor to the extent of his subcontract.The contractor shall promptly, onrequest of the City file a conformedcopy of the subcontract with pricesdeleted, as a condition precedent tothe approval of a subcontractor.The contractor and subcontractorshall jointly and severally agreethat subcontracting does not oblig-ate the City to pay, or to see to thepayment of any sums to any sub-c o n t r a c t o r .


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Section 187.03 Goals of Contract-ing Departments; Bid and ContractProvisions

(a) In accordance with the City’sgoal of increasing the level of MBEand FBE participation in City con-tracts, each contracting departmentshall use its best efforts to utilizecertified MBEs and FBEs as con-tractors or subcontractors for allcontracts in excess of ten thousanddollars ($10,000). The Director shalldetermine the appropriate annualCity-wide goal for MBE and FBEparticipation for each type of Citycontract, such as construction, ser-vices, professional services, suppliesand concessions, and for each typeof work to be performed in a par-ticular contract, based on the avail-ability of certified MBEs and FBEsin the Cleveland contracting marketand within the following range ofannual goals fixed by the Council:

(1) The annual goals for MBEparticipation shall range from fif-teen percent (15%) to thirty percent(30%);

(2) The annual goals for FBE par-ticipation shall range from five per-cent (5%) to twenty percent (20%).

The goal for MBE and FBE par-ticipation in a particular contractshall be fixed by the Director in con-sultation with the contractingdepartment based on the annualCity-wide goals for each type of Citycontract and for each type of workto be performed in the contract andthe availability of certified MBEsand FBEs within the Cleveland con-tracting market, provided howeverthat the goal for a particular con-tract may exceed the range of goalsfixed by the Council in order toassist the contracting department inmeeting the annual City-wide goalfor the type of contract to be award-ed.

(b) Contracting departments shallconsider utilization of certifiedMBEs and FBEs when recommend-ing a lowest and best or lowestresponsible bid in order to meet thespecified annual goals. However,these goals are not intended as quo-tas. It shall be the responsibility ofeach contracting department toensure that bids or proposals ema-nating from that department adhereto the procedures and provisions inthis chapter.

(c) MBE and FBE participationshall be counted toward meetingMBE and FBE goals under the fol-lowing provisions:

(1) Only expenditures to certifiedMBEs and FBEs that perform com-mercially useful functions in theimplementation or performance of acontract may be counted towardmeeting MBE and FBE goals. AMBE or FBE is considered to per-form a commercially useful functionwhen it is responsible for executinga distinct element of the work incarrying out its responsibilities byactually performing, managing, andsupervising the work involved. Todetermine whether a MBE or FBEis performing a commercially usefulfunction, the City will evaluate theamount of the contractor’s workwhich is subcontracted, industrypractices, and other relevant factors.

(2) A contractor or subcontractorwho qualifies as both a MBE andFBE may obtain certification asboth a MBE and FBE. The totaldollar value of a particular contractwith such contractor or subcontrac-tor may be counted toward either

the minority goal or the goal forfemales, but not toward both. Thecontractor must choose the categoryto which the contract value shouldbe applied.

(3) A portion of the total dollarvalue of the contract with a jointventure equal to the percentage ofcertified MBE or FBE participationin the joint venture may be countedtoward meeting MBE and FBEgoals. The MBE or FBE must beresponsible for performance of aclearly defined portion of the workto be performed, of equal proportionto its share in the ownership, con-trol, management, responsibility,risk, and profits of the joint venture.

(4) The entire amount of expen-diture to a certified MBE or FBEmanufacturer (i.e., a supplier thatproduces goods from raw materialsor substantially alters them beforeresale) may be counted towardmeeting MBE and FBE goals.

(5) Twenty percent (20%) ofexpenditures to certified MBE orFBE suppliers that are not manu-facturers may be counted towardmeeting MBE and FBE goals, pro-vided that the MBE or FBE suppli-er perform a commercially usefulfunction in the supply process. Afirm will be considered a supplierperforming a commercially usefulfunction in the supply process whenit:

A. assumes the actual and con-tractual responsibility for furnish-ing the supplies or materials; and

B. is recognized as a distributorby the industry involved in the con-tracted supplies and materials; and

C. owns or leases a warehouse,yard, building, or whatever otherfacilities are customary in the indus-try in supplying such supplies ormaterials; and

D. distributes, delivers, and ser-vices products primarily with itsown staff and/or equipment.

(6) MBE or FBE subcontractorswho intend to subcontract servicesto be performed under the contractto non-minority business enterprisesand non-female business enterprisesmay not be counted toward meetingMBE and FBE goals. This provi-sion does not apply to subcontrac-tor’s contracts for the purchase ofmaterials, equipment, or supplieswhich are incident to the perfor-mance of services under the con-tract.

(d) In order to fulfill the purpos-es of the MBE and FBE goals, con-tractors using MBEs and FBEs shalluse them in a way which preservesmeaningful ownership, control andperformance of the work or othercontract obligations by the MBE orFBE. Failure to do so may subjectthe contractor to criminal prosecu-tion, decertification, and other sanc-tions.

(e) Notwithstanding any goalestablished by the Director pursuantto division (a) of this section, theCouncil may increase or decreasethe percentage goals in any legisla-tion considered by said body.

(f) In furtherance of the effortsby the contracting departments toachieve the annual goals for MBEand FBE participation in City con-tracts as determined by the Directorpursuant to division (a) of this sec-tion, the director of a contractingdepartment in consultation with theDirector may elect to solicit bids orproposals from only MBEs andFBEs for a particular contract, pro-

vided that the estimated cost of thecontract does not exceed fifty thou-sand dollars ($50,000). The con-tracting department shall furnishthe Director with a copy of the bidinvitation or request for proposalsfor such contract and the Directorshall provide the contracting depart-ment with a list of certified MBEsand FBEs which can be solicited tosubmit bids or proposals for the con-tract. The Council shall be notifiedin writing whenever the director ofa contracting department has elect-ed to solicit bids or proposals fromonly MBEs and FBEs pursuant tothis division (f).

(g) Except for contracts solicitedin accordance with division (f) ofthis section, contracts for a dollaramount in excess of ten thousanddollars ($10,000) shall be awardedand administered in accordancewith the following standards andprocedures:

(1) Bid invitations, requests forproposals and all other specifica-tions for contracts, shall require bid-ders to include in their bid or pro-posal such documentation and sched-ules as required by the Director inwhich the bidder identifies the bid-der’s efforts to utilize minority andfemale business enterprises in a per-centage which equals or exceeds theapplicable goal. All bidders shallmake every effort to subcontract tocertified minority and female busi-ness enterprises. All bidders shallkeep such records of such effortsadequate to permit a determinationof compliance with the requirementsof this division (g) as are requiredby the Director. MBE and FBE uti-lization shall be considered in deter-mining the lowest and best or low-est responsible bid or determiningthe best proposal.

(2) If the bid invitation or requestfor proposal contains alternates, thepercentage of MBE and FBE par-ticipation will be computed with ref-erence to the total dollar amount ofthe award, including the cost of anyalternates to be awarded.

(3) It is the responsibility of thebidder to ensure that all MBEs andFBEs proposed to be used by thebidder in the performance of thecontract have been certified by theCity prior to the bid opening.

(4) If a bidder is unable toachieve the goal established by theDirector for a particular contractpursuant to division (a) of this sec-tion, the bidder shall submit arequest for exception pursuant todivision (a) of Section 187.031.

(5) Prior to execution of a con-tract, a bidder shall submit to theCity such contract documents as isspecified by the Director whichshall identify the particular minori-ty and female business enterprisesand other subcontractors to be uti-lized in performing the contract, andshall specify for each subcontractorthe dollar value of the participation,the type of work to be performedand such information as may rea-sonably be required to determinewhether the minority and femalebusiness enterprise participationgoals have been satisfied.

(6) All contracts shall contain thefollowing requirements:

A. The contractor shall utilize cer-tified MBEs and FBEs in the per-formance of the contract in accor-dance with the participation identi-fied in the contractor’s bid or pro-posal, subject only to the substitu-


1500

tion and waiver provisions con-tained in division (b) of Section187.031. Failure to utilize certifiedMBEs and FBEs as identified in thebid or proposal shall constitute amaterial breach of the contract.

B. The contractor shall makeevery effort to utilize minority andfemale business enterprises duringperformance of the contract.

C. The contractor shall maintainsuch records as are required by theDirector to demonstrate compliancewith this chapter and the require-ments of the contract relating tominority and female business enter-prise participation.

D. The provisions of this chaptershall be incorporated into the con-tract by reference and any failureof the contractor or any subcontrac-tor to comply with the provisions ofthis chapter shall constitute a mate-rial breach of the contract.

E. Whenever the contract isamended or any change order orsubsidiary is authorized and thetotal dollar amount of the contractis increased by more than ten (10)percent of the dollar value of theoriginal contract, the contractorshall comply with the provisions ofthis chapter with respect to thework to paid for through suchamendment, change order or sub-sidiary and ensure that any workwhich is subcontracted is performedwith the same percentage of MBEand FBE participation contained inthe contractor’s bid or proposal.

(7) In order to be considered bestor responsible, a bidder shall dis-close annually such information asis required by the Director whichdemonstrates the extent to which, incontracts that are not affected bythis chapter, the bidder has award-ed subcontracts to minority andfemale business enterprises.

(h) Contracts or other agreementsbetween the City of Cleveland andother governmental agencies, quasigovernmental agencies, public cor-porations, or third-party contractors,whereby such agencies or corpora-tions receive money from or throughthe City for the purpose of con-tracting with businesses to performpublic works, shall require suchagencies or corporations to complywith the provisions of this chapterin awarding and administering suchcontracts.

(i) Participation of MBEs andFBEs in joint ventures is encour-aged. In the case of a certified jointventure, only that portion of thetotal dollar value of the contractequal to the percentage of partici-pation of the minority or femalepartner in the joint venture will becounted toward the applicable goal.

(j) The Commissioner of Purchas-es and Supplies and each contract-ing department hereby is directedto:

(1) Make every effort to increasethe level of participation of MBEsand FBEs in contracts of ten thou-sand dollars ($10,000) or less;

(2) Develop lists of MBEs andFBEs experienced in the varioustypes of services, products or prop-erty typically contracted for;

(3) Provide quarterly reports tothe Director not later than 30 cal-endar days after the end of the pre-vious quarterly period specifyingwith respect to contracts and sub-contracts:

A. For the forthcoming quarter,the means by which it intends to

meet the goals established by thissection;

B. The dollar percentage and dol-lar amount of those contracts andsubcontracts awarded in the previ-ous quarter to MBEs and FBEs;

C. For each contracting depart-ment, the degree to which the goalsset forth in this section have beenmet, any past and current activitiesundertaken and being undertaken intrying to meet such goals and, ifapplicable, a detailed explanation ofwhy the goals set forth in this sec-tion have not been met; and

D. Such other information as maybe requested by the Director; and

(4) Appoint a member of the con-tracting department or the divisionto serve as a liaison between thecontracting department and theOffice of Equal Opportunity, and tonominate a member of the contract-ing department or division to serveon the Committee established pur-suant to Section 187.12.

(k) In advertising, soliciting,selecting and contracting for orwith any person or firm for engage-ment as a subcontractor or mate-rialman, and during the term of anysubcontract or contract for materi-als, the contractor shall not dis-criminate against any potential oractual subcontractor or materialmanbecause of race, religion, color, sex,sexual orientation, national origin,age, disability, ethnic group or Viet-nam-era or disabled veteran status.




Section 187.03, as amended byOrdinance No. 1186-02, passed June15, 1992,are repealed.

Section 3. That the Codified Ordi-nances of Cleveland, Ohio, 1976, aresupplemented by enacting new Sec-tions 181.37 and 185.341 to read asfollows:

Section 181.37 Subcontractors andSuppliers

(a) The contractor shall not sub-let nor shall any subcontractor com-mence performance of any part ofthe work included, or any subcon-tractor or supplier fabricate or deliv-er materials or supplies to or for thecontractor under the contract, with-out the previous written consent ofthe Board of Control. Subcontract-ing, if permitted, shall not relievethe contractor or his surety of anyof his or its obligations under thecontract.

(b) Failure by the contractor toobtain consent of the Board of Con-trol for any subcontractor or suppli-er shall be a breach of the contractfor which the contractor may incura penalty.

(c) The contractor shall be andremain solely responsible to City forthe acts or faults of his subcontrac-tor and of such subcontractor’s offi-cers, agents and employees, each ofwhom shall, for this purpose, bedeemed to be the agent or employ-ee of the contractor to the extent ofhis subcontract. The contractor shallpromptly, on request of the Cityfiled a conformed copy of the sub-contract with prices deleted, as acondition precedent to the approval

of a subcontractor. The contractorand subcontractor shall jointly andseverally agree that subcontractingdoes not obligate the City to pay, orto see to the payment of any sumsto any subcontractor.

Section 185.341 Prompt Payment(a) If a subcontractor or mate-

rialman submits an application orrequest for payment or an invoicefor materials to the contractor insufficient time to allow the contrac-tor to include the application,request, or invoice in its own payrequest submitted to the City, thecontractor, in compliance with andsubject to all provisions of Section4113.61 of the Revised Code, withinten calendar days after receipt ofpayment from the City under a pub-lic improvement contract, shall payto the:

(1) Subcontractor, an amount thatis equal to the percentage of com-pletion of the subcontractor’s con-tract allowed by the City for theamount of labor or work performed;

(2) Materialman, an amount thatis equal to all or that portion of theinvoice for materials which repre-sents the materials furnished by thematerialman.

(b) The contractor may reduce theamount paid by any retainage pro-vision contained in the contract,invoice, or purchase order betweenthe contractor and the subcontractoror materialman, and may withholdamounts that may be necessary toresolve disputed liens or claimsinvolving the work or labor per-formed or material furnished by thesubcontractor or materialman.

(c) The contractor shall requireeach subcontractor and materialmanto pay each of its lower tier sub-contractors or lower tier material-men within ten calendar days afterreceipt of payment from the con-tractor, under the same terms andconditions and in the same manneras this section requires the contrac-tor to pay a subcontractor or mate-rialman.

(d) The contractor shall include aprompt payment requirement notifi-cation in each subcontract or con-tract for materials under the con-tract and shall require each subcon-tractor and materialman to complywith the applicable provisions ofthis section and Section 4113.61 ofthe Revised Code.



Ord. No. 793-03.By Mayor Campbell.An ordinance to amend Sections

181.32 and 185.14 of the CodifiedOrdinances of Cleveland, Ohio, 1976,as amended by various ordinances,relating to bonds.


Section 1. That Sections 181.32 and185.14 of the Codified Ordinances ofCleveland, Ohio,1976, as amended by


1501

Ordinance Nos. 1492-A-87, passedOctober 7, 1987 and June 20, 1960,are amended to read as follows:

Section 181.32 Bonds to Secure Per-formance of Purchase Contracts

Except for a purchase contractawarded in the amount of fifty thou-sand dollars ($50,000.00) or less, orwhere by reason of the nature of thepurchase the Commissioner of Pur-chases and Supplies, with theapproval of the Director of Finance,has determined that it is impracti-cable or unnecessary to require abond, or for contracts anticipated tobe under $500,000 and of a typewhere MBEs or FBEs are deter-mined to be underutilized at a sta-tistically significant level, when theCommissioner of Purchases and Sup-plies, with the prior approval ofboth the Director of Finance and theDirector of the Office of EqualOpportunity, based on standards pro-mulgated by the directors to protectthe City’s interests, has determinedthat to reduce or waive a bondrequirement will enhance contractcompetition by making City contractawards equitably available to allqualified contractors and will bene-fit the City’s interests, the perfor-mance of contracts for the purchaseof articles, commodities, supplies,materials or equipment, or servicesshall be secured by a bond withgood and sufficient sureties,approved by the Director of Law,and in an amount equal to at leasttwenty-five (25%) of the contractprice. Said bond shall be substan-tially in the following form:

FORM B

BONDKnow All Men by These Presents,

That we, the undersigned _________as principal, and _________ as sure-ty, are hereby held and firmly boundunto the City of Cleveland in thepenal sum of ___________ Dollars($________), for the payment ofwhich well and truly to be made, wehereby jointly and severally bindourselves, our heirs, executors,administrators, successors andassigns by these present.

The conditions of this obligationare such that whereas the abovenamed principal did, on the _____ dayof ___________, 20 __, enter into thecontract hereto attached with theCity of Cleveland, to furnish anddeliver to the City of Cleveland thegoods, wares, merchandise or ser-vices mentioned therein, which saidcontract is made a part of this bondthe same as if fully set forth herein:

Now, if the principal shall welland truly execute all and singularthe stipulations by it to be execut-ed in the aforesaid contract, andshall fully perform all and singularthe terms, conditions, and require-ments of the specifications and con-tract, and shall indemnify and saveharmless the City of Cleveland fromany and all suits and expense overand above the expense included inthe contract price for royalties orinfringements on patents that maybe involved in the construction ofthe goods, wares and merchandisecontracted for, or of any part there-of, and further shall indemnify andsave harmless said City of Cleve-land from all liens, charges, claimsdemands, loss, costs and damages ofevery kind and nature whatsoeverin the performing or completing of

said contract, then this obligationshall be void, otherwise shall be andremain in full force and virtue oflaw, it being expressly understoodand agreed that the liability of thesurety for any and all claims here-under shall in no event exceed thepenal amount of this obligation asherein stated.

Provided that any forbearance onthe part of the City of Clevelandtoward the above named principal inrespect to its neglect or failure toperform any or all of said agree-ments or obligations on its part tobe performed under said contract,shall not in any manner operate torelease or discharge the surety fromits liability under this bond.

Witness our signature this _____day of _________ A.D. 20 ___.____________________________________________________________________________________________

Principal.

____________________________________________________________________________________________

Surety.

Section 185.14 Performance BondExcept for contracts awarded

under the Small Business RotationProgram established under Section187.032, or for contracts anticipatedto be under $500,000 and of a typewhere MBEs or FBEs are deter-mined to be underutilized at a sta-tistically significant level, when theCommissioner of Purchases and Sup-plies, with the prior approval ofboth the Director of Finance and theDirector of the Office of EqualOpportunity, based on standards pro-mulgated by the directors to protectthe City’s interests, has determinedthat to reduce or waive a bondrequirement will enhance contractcompetition by making City contractawards equitably available to allqualified contractors and will bene-fit the City’s interests, the contrac-tor shall be required to furnish abond with good and sufficientsureties approved by the Director ofLaw, in an amount equal to at leastfifty percent of the contract price,which bond shall be substantially inthe following form:

FORM A

BOND

Know all men by these presents,that we, the undersigned ___________as principal, and ___________ assurety, are hereby held and firmlybound unto the City of Cleveland inthe penal sum of _____________ dol-lars ($ ________), for the payment ofwhich well and truly to be made, wehereby jointly and severally bindourselves, our heirs, executors,administrators, successors andassigns by these presents.

The conditions of this obligationare such that whereas the above-named principal did on the ______day of _____________ A.D. 20 ___,enter into the contract heretoattached with the City of Cleveland,which said contact is made a partof this bond the same as if fully setforth herein:

Now, if the principal shall welland truly execute all and singularthe stipulations by it to be execut-ed and shall fully perform the worktherein specified and do and per-form all and singular the terms, con-ditions and requirements of the

plans, specifications and contract,and shall indemnify and save harm-less the City of Cleveland from allsuits and actions of every name anddescription brought against theCity, its directors or any officer ofthe City, for, or on account of anyinjury or damage to person or prop-erty arising from or growing out ofthe construction of the work in saidcontract specified to be done, or thedoing of any of the work thereindescribed, and shall indemnify andsave harmless the City of Clevelandfrom any and all suits and expenseover and above the expense includ-ed in the contract price, for royal-ties or infringements on patentsthat may be involved in the con-struction of the appliances contract-ed for or any of the parts thereof orin the use of said appliances or anyof the parts thereof hereafter and ifthe principal shall defend, at itsproper cost and expense, any and allsuits and actions of every kindwhatsoever that may be broughtagainst the City of Cleveland byreason of the use of said appliancesor any of the parts thereof, and fur-ther shall indemnify and save harm-less the City of Cleveland from allliens, charges, claims, demands,loss, costs and damages of everykind and nature whatsoever andshall pay all lawful claims of sub-contractors, material men and labor-ers for labor performed and formaterials furnished in the carryingforward, performing or completingof said contract, then this obligationshall be void, otherwise shall be andremain in full force and virtue inlaw; we hereby agreeing and con-senting that this undertaking shallbe for the benefit of any laborer ormaterial man having a just claim asaforesaid as well as for the City ofCleveland; and further, that the par-ties to the foregoing contract may,from time to time and as often asthey see fit, make any additions to,omissions from, or modifications ofthe work, plans or specificationsand the surety herein stipulates andagrees that no modifications, omis-sions, or additions, in or to theterms of the contract or in or to theplans or specifications therefor shallin any wise affect the obligations ofsaid surety on its bond; it beingexpressly understood and agreedthat the liability of the surety forany and all claims hereunder shallin no event exceed the penal amountof this obligation as herein stated.

Witness our signature this _____day of ____________ A.D. 20 ___.

____________________________________________________________________________________________

Principal.

____________________________________________________________________________________________

Surety.

Section 2. That Sections 181.32 and185.14 of the Codified Ordinances ofCleveland, Ohio,1976, as amended byOrdinance Nos. 1492-A-87, passedOctober 7, 1987 and June 20, 1960,are repealed.




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Sections 181.33, 185.15, 185.39, and185.41 of the Codified Ordinances ofCleveland, Ohio, 1976, as amendedby various ordinances, relating tobonds.






Section 185.41, as amended byOrdinance No. 2472-91, passed March23, 1992, are amended to read as follows:

Section 181.33 Release of BondThe contractor’s bond will not be

released until all of the provisionsof the contract or of any contractphase for which the contractor hasfurnished a separate bond have beenfulfilled.

Section 185.15 Release of BondThe contractor’s bond will not be

released until all of the provisionsof the contract or of any contractphase for which the contractor hasfurnished a separate bond have beenfulfilled.

Section 185.39 Acceptance of Per-formance

The director of the department forwhich the improvement is madeshall determine finally, the satis-factory quality of the work, materi-al and equipment furnished underthe contract or any separately-bond-ed contract phase.

Section 185.41 Terms of Payment(a) The contractor shall be

required to make current requestsfor payment in writing, not morethan one each month, and submitthem to the director who executedthe contract on behalf of the City(“director”) for approval. Therequest shall be dated the last work-ing day of the month and be sub-mitted to the director by the fifthday of the following month. At thesame time, a copy of the requestshall be mailed by the contractor tothe resident engineer or architect.The request for payment shall coverthe materials in place complete, andthe amount of work performed inaccordance with the contract duringthe preceding payment period andthe value thereof. At the discretionof the director, allowances may bemade for nonperishable materialswhich are to be incorporated intothe work, when delivered and prop-erly stored upon the site. Uponapproval of the contractor’s requestfor payment, the director will makeestimated in writing, one each pay-ment period of the materials inplace complete and the amount ofwork performed, all in accordancewith the contract. Upon approval bythe director, the contractor shall bepaid the amount of each such esti-mate less a deduction of five per-cent (5%) which shall be retaineduntil final acceptance of all workcovered by any separate phase ofthe contract work or of all work

covered by the contract, and less allprior payments.

(b) Upon written certification bythe director of final acceptance ofeach separate phase of the contractwork or of all contract work, asdetermined by the director, the Cityshall pay the contractor the wholeamount of the money then due thecontractor under that phase or allphases of the contract, as applica-ble, except such sums which havealready been paid and except suchsum as may have been expended bythe City or may be due the City orproperly deductible, under the pro-visions of the contract, and less adeduction of five percent (5%) to beretained for a further period offorty-five days.

(c) Forty-five days after the finalacceptance of each separate phaseof the contract work or of all con-tract work, as determined by thedirector, the contractor shall be paidthe sums retained less proper deduc-tions and less two percent (2%) ofthe total amount of that phase or ofall phases of the contract, as applic-able, which shall be retained for thebalance of the guarantee period forwork under that phase or all con-tract work, as applicable.

(d) The payment of the moneys asprovided in this section shall con-stitute a full and complete dischargeof all the duties and obligations ofthe City under the contract.




Section 185.41, as amended byOrdinance No. 2472-91, passed March23, 1992, are repealed.



Ord. No. 795-03.By Mayor Campbell.An emergency ordinance to sup-

plement the Codified Ordinances ofCleveland, Ohio, 1976, by enactingnew Section 187.132 relating toreports on the use of bid discountsand evaluation credits.




Section 187.132 Reports on the Useof Bid Discounts and EvaluationCredits

The Director shall prepare a quar-terly report that details the use ofbid discounts and evaluation creditsin the award of City contracts, theuse of the subpoena power under

Section 187.081, and the waiver orreduction of any performance bondsunder Sections 181.32 and 185.14, dur-ing the previous three-month period.The report shall be made public anda copy of the report shall be sent tothe members of City Council.



Ord. No. 796-03.By Mayor Campbell.An ordinance to supplement the

Codified Ordinances of Cleveland,Ohio, 1976, by enacting new Section187.032 relating to the small contractrotation program.


Section 1. That, effective January1, 2004, the Codified Ordinances ofCleveland, Ohio, 1976, are supple-mented by enacting new Section187.032 to read as follows:

Section 187.032 Small ContractRotation Program

(a) The Director shall establish aSmall Contract Rotation Program,including procedures, applicable tothe categories of construction, pro-fessional services and purchase con-tracts where the cost of the contractis anticipated to be under $10,000.The purposes of the Small ContractRotation Program are to increaseopportunities for Minority BusinessEnterprises and Female BusinessEnterprises, underutilized at a sta-tistically significant level in Citycontracts under $10,000, and to pro-vide an orderly and efficient methodof awarding work and to equitablydistribute work among qualifiedcontractors.

(b) The Small Contract RotationProgram shall provide that everyfifth contract to be entered into bythe City for each type of contract,within a category, where MBEs andFBEs are underutilized at a statis-tically significant level, shall belimited to competition among pre-qualified MBEs and FBEs. TheDirector may prequalify firms pre-viously certified by the Director asMBEs and FBEs and who submit anapplication in a form acceptable tothe Director. The Director shallcompile an approved pre-qualifiedlist for each industry and, as need-ed, compile specialized lists withinindustries. The eligible businessesshall be randomly ranked on eachlist and, for a thirty-day period com-mencing on January 1st and June1st of each year, the Director shallhold open enrollment. The lists ofpre-qualified vendors shall be madeavailable to the public. The Com-missioner of Purchases and Suppliesshall obtain bids or proposals fromat least three MBEs or FBEs on thelist for each contract entered intounder the Small Contract RotationProgram.




1503

Ord. No. 797-03.By Council Members Lewis, White

and Jackson (by departmentalrequest).

An emergency ordinance to sup-plement the Codified Ordinances ofCleveland, Ohio, 1976, by enactingnew Section 171.372 relating toauthorizing appointing authoritiesto enter into agreements withemployees to secure informationtechnology training.




Section 171.372 Agreements forInformation Technology Training

(a) Any appointing authority ofthe City that determines that anemployee under the appointingauthority’s control would benefitfrom information technology train-ing directly related to the employ-ee’s City duties, and to improve theability of the employee to performthose duties, may enter into anagreement with the employee underthe terms provided in this section.

(b) Any agreement entered intounder the authority of this sectionshall contain such terms as may benecessary in the opinion of theappointing authority and the Direc-tor of Law to protect the interestsof the City and shall at a minimumprovide:

(1) That the City of Clevelandwill pay the tuition, fees, and relat-ed costs for the technical training;

(2) That the appointing authoritywill grant the employee time offduring the employee’s normal work-day to attend the training;

(3) That the employee will attendand successfully complete thecourse of study or classes andobtain certification, if applicable;

(4) That the employee will submitto the appointing authority docu-mentation of completion of thecoursework and a copy of the certi-fication, if applicable; and

(5) That the employee will reim-burse or consent to deduction fromwages the City of Cleveland for allcosts of the training in the eventthat the employee breaches any ofterms of the agreement, or if theemployee is terminated by the Cityfor cause, or if the employee failsto remain an employee of the Cityfor a period of two years followingcompletion of the training or receiv-ing the certification.

(c) The information technologytraining that is the subject of anagreement authorized by this sec-tion may be provided by any publicor private educational institution,company, or entity that is competentto provide such training, and toissue certification in the same, ifapplicable.

Section 2. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in force

immediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Ord. No. 802-03.By Council Members Sweeney and


ing the purchase by one or morerequirement contracts of Meyersnow plow and spreader parts,including labor if necessary, for theDivision of Motor Vehicle Mainte-nance, Department of Public Service.



Section 1. That the Director ofPublic Service is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for the term of oneyear or two years for the necessaryitems of Meyer snow plow andspreader parts, including labor ifnecessary, in the approximateamount as purchased during thepreceding term, purchased by theCommissioner of Purchases andSupplies on a unit basis for theDivision of Motor Vehicle Mainte-nance, Department of Public Ser-vice. Bids shall be taken in a man-ner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than the specified term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.The Director of Public Service isauthorized to enter into one ormore contracts with a term of twoyears instead of one year whenthere is a financial advantage tothe City. For purposes of thisordinance, a financial advantageshall be determined by the Direc-tor of Public Service by comparingthe bids received for both terms.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisitionagainst the contract or contractscertified by the Director of Finance.(RL 127439)

Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in force

from and after the earliest periodallowed by law.




ing the purchase by one or morerequirement contracts of Honda andStihl engine, mower, and cuttingequipment parts, including labor ifnecessary, for the Division of MotorVehicle Maintenance, Department ofPublic Service.



Section 1. That the Director ofPublic Service is authorized to makeone or more written requirement con-tracts under the Charter and the Cod-ified Ordinances of Cleveland, Ohio,1976, for the requirements for theterm of one year or two years for thenecessary items of Honda and Stihlengine, mower, and cutting equip-ment parts, including labor if neces-sary, in the approximate amount aspurchased during the preceding term,purchased by the Commissioner ofPurchases and Supplies on a unitbasis for the Division of Motor Vehi-cle Maintenance, Department of Pub-lic Service. Bids shall be taken in amanner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of the itemsas the Board of Control determines.Alternate bids for a period less thanthe specified term may be taken ifdesired by the Commissioner of Pur-chases and Supplies until provisionis made for the requirements for theentire term. The Director of PublicService is authorized to enter intoone or more contracts with a term oftwo years instead of one year whenthere is a financial advantage to theCity. For purposes of this ordinance,a financial advantage shall be deter-mined by the Director of Public Ser-vice by comparing the bids receivedfor both terms.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL 127440)




1504



ing the purchase by one or morerequirement contracts of remanufac-tured automatic Allison transmis-sions, including installation if nec-essary, for the Division of MotorVehicle Maintenance, Department ofPublic Service.



Section 1. That the Director ofPublic Service is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe term of one year or two yearsfor the necessary items of remanu-factured automatic Allison trans-missions, including installation ifnecessary, in the approximateamount as purchased during the pre-ceding term, purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Division ofMotor Vehicle Maintenance, Depart-ment of Public Service. Bids shallbe taken in a manner that permitsan award to be made for all itemsas a single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines. Alternate bidsfor a period less than the specifiedterm may be taken if desired by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.The Director of Public Service isauthorized to enter into one or morecontracts with a term of two yearsinstead of one year when there is afinancial advantage to the City. Forpurposes of this ordinance, a finan-cial advantage shall be determinedby the Director of Public Service bycomparing the bids received for bothterms.






ing the purchase by one or morerequirement contracts of automotiveand truck oils, lubricants, and sol-vents for the Division of Motor Vehi-cle Maintenance, Department of Pub-lic Service.



Section 1. That the Director ofPublic Service is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe term of one year or two yearsfor the necessary items of automo-tive and truck oils, lubricants, andsolvents in the approximate amountas purchased during the precedingterm, purchased by the Commission-er of Purchases and Supplies on aunit basis for the Division of MotorVehicle Maintenance, Department ofPublic Service. Bids shall be takenin a manner that permits an awardto be made for all items as a singlecontract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than the specified term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.The Director of Public Service isauthorized to enter into one or morecontracts with a term of two yearsinstead of one year when there is afinancial advantage to the City. Forpurposes of this ordinance, a finan-cial advantage shall be determinedby the Director of Public Service bycomparing the bids received for bothterms.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Directorof Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisition againstthe contract or contracts certified bythe Director of Finance. (RL127438)





ing the purchase by one or morerequirement contracts of variousautomobile, van, and truck parts, forthe Division of Motor Vehicle Main-tenance, Department of Public Ser-vice.



Section 1. That the Director ofPublic Service is authorized to make

one or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe term of one year or two yearsfor the necessary items of variousautomobile, van, and truck parts, inthe approximate amount as pur-chased during the preceding term,purchased by the Commissioner ofPurchases and Supplies on a unitbasis for the Division of Motor Vehi-cle Maintenance, Department of Pub-lic Service. Bids shall be taken ina manner that permits an award tobe made for all items as a singlecontract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than the specified term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.The Director of Public Service isauthorized to enter into one or morecontracts with a term of two yearsinstead of one year when there is afinancial advantage to the City. Forpurposes of this ordinance, a finan-cial advantage shall be determinedby the Director of Public Service bycomparing the bids received for bothterms.






ing the Director of Public Service toemploy by contract or contracts oneor more professional consultants orone or more firms of professionalconsultants necessary to performgeotechnical testing and consultingservices.



Section 1. That the Director ofPublic Service is authorized toemploy by contract or contracts oneor more professional consultants orone or more firms of professionalconsultants for the purpose of sup-plementing the regularly employedstaff of the several departments ofthe City of Cleveland in order to per-form geotechnical testing and con-sulting services.


1505

The selection of the consultantsfor the services shall be made by theBoard of Control on the nominationof the Director of Public Servicefrom a list of qualified consultantsavailable for employment as may bedetermined after a full and completecanvass by the Director of PublicService for the purpose of compilinga list. The compensation to be paidfor the services shall be fixed by theBoard of Control. The contract autho-rized shall be prepared by the Direc-tor of Law, approved by the Directorof Public Service, and certified bythe Director of Finance.

Section 2. That the cost of the ser-vices authorized shall be paid fromFund Nos. 20 SF 353, 20 SF 364, 20SF 373, 20 SF 380, and 20 SF 383,Request No. 131047.





ing the Director of Public Service toenter into one or more requirementcontracts with A & H Equipment Co.for Leach packer parts, for the Divi-sion of Motor Vehicle Maintenance,Department of Public Service.



Section 1. That this Council hasdetermined that the within servicesare non-competitive and cannot besecured from any source other than A& H Equipment Co. Therefore, theDirector of Public Service is autho-rized to make one or more writtenrequirement contracts under theCharter and the Codified Ordinancesof Cleveland, Ohio, 1976, for therequirements for the period of one ortwo years of the necessary items ofLeach packer parts, for the Divisionof Motor Vehicle Maintenance, Depart-ment of Public Service. The Directorof Public Service is authorized toenter into one or more contracts witha term of two years instead of oneyear when there is a financial advan-tage to the City. For purposes of thisordinance, a financial advantageshall be determined by the Directorof Public Service by comparing theprices received for both terms.


Section 3. That this ordinance isdeclared to be an emergency mea-

sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.




ing the Director of Public Safety toaccept a gift of six self-containedbreathing apparatus with acces-sories, replacement parts, includingmaintenance for a one year periodfrom the Northeast Ohio RegionalSewer District.

Whereas, the Northeast OhioRegional Sewer District has indi-cated a desire to make a gift of sixself-contained breathing apparatuswith accessories, replacement parts,including maintenance for a oneyear period, to the Department ofPublic Safety, valued at $53,600; and



Section 1. That the Director ofPublic Safety is authorized toaccept a gift, on behalf of the Divi-sion of Fire, of six self-containedbreathing apparatus with acces-sories, replacement parts, includingmaintenance for a one year period,valued at $53,600, from the North-east Ohio Regional Sewer District,in order for the Department of Pub-lic Safety to enhance the City’s tun-nel rescue abilities and to serve thep u b l i c .





ing the Director of Public Safety toenter into one or more contractswithout competitive bidding withMedtronic Physio-Control for thepurchase of maintenance of Lifepak12 defibrillators, for the Division ofEmergency Medical Service, Depart-ment of Public Safety.



Section 1. That this Council hasdetermined that the within com-modities are non-competitive andcannot be secured from any sourceother than Medtronic Physio-Control.

Therefore the Director of PublicSafety is authorized to make one ormore written contracts withMedtronic Physio-Control on thebasis of its proposal dated Novem-ber 14, 2002, for the maintenance ofLifepak 12 defibrillators for a one-year period, to be purchased by theCommissioner of Purchases and Sup-plies on a unit basis for the Divi-sion of Emergency Medical Service,Department of Public Safety.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 01-600402-661200, Request No. 128816.





ing the Director of Economic Devel-opment to establish individual train-ing accounts and to enter into con-tracts with various agencies for theimplementation of the Empower-ment Zone Labor Force Develop-ment Program.

Whereas, the City of Clevelandhas received an Economic Develop-ment Initiative Grant from the Unit-ed States Department of HUD tofund Labor Force Development pro-grams for Empowerment Zone resi-dents; and



Section 1. That the Director ofEconomic Development is autho-rized to establish individual train-ing accounts and to enter into oneor more contracts with various non-profit, for profit and public agenciesselected by the Director in accor-dance with the HUD approved Citi-zen Participation Process for theEmpowerment Zone for the imple-mentation and administration of acomprehensive Labor Force Devel-opment Program such contracts toprovide job training, job placement,child care support, legal servicessupport, transportation support,career assessments, testing, educa-tion, and other related services.

Section 2. That the total cost ofall contracts shall not exceed$9,505,000 and shall be paid fromFund Nos. 18 SF 007 and 18 SF 008,Request No. 126202.




1506

Ord. No. 833-03.By Council Member Cimperman.An emergency ordinance to amend

Section 451.33 of the Codified Ordi-nances of Cleveland, Ohio, 1976, asamended by Ordinance No. 2393-02,passed February 3, 2003, relating toestablishment of zones for valetparking, limousine, day care andpassenger drop off/pick up andhotel check in/check out; violationsand fees.



Section 1. That Section 451.33 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as amended byOrdinance No. 2393-02, passed Feb-ruary 3, 2003, is hereby amended toread as follows:

Section 451.33 Establishment ofZones for Valet Parking, Limousine,Day Care and Passenger Dropoff/Pick up, and Hotel CheckIn/Check Out; Violations; Fees

(a) The Director of Public Serviceis authorized to establish valetzones on public streets to bereserved for persons leaving vehi-cles with a valet parking attendant.

(b) On receipt of an applicationfor a permit to establish a valetzone, and payment of a fee of onehundred dollars ($100.00), the Com-missioner of Assessments andLicenses shall transmit the applica-tion to the Director of Public Ser-vice to determine if the area inquestion complies with the require-ments of this section. The Directorof Public Service shall, within sixty(60) days of receipt of the applica-tion, notify the Commissioner ofAssessments and Licenses whetherthe area complies with this section.On notification of compliance, theCommissioner of Assessments andLicenses shall issue the permit on aform promulgated by the Commis-sioner for that purpose.

(c) The Director of Public Serviceis also authorized to establish lim-ousine zones for limousines andother vehicles momentarily droppingoff or picking up passengers andday care zones on public streetsreserved for motorists standing orparking vehicles for the purpose ofdropping off or picking up childrenenrolled at day care centers.

(d) The Director of Public Serviceis also authorized to establish hotelcheck in/check out zones on publicstreets for motorists standing or park-ing vehicles for the purpose of check-ing in or checking out of a hotel.

(e) Prior to the establishment ofany zone, the Commissioner of Traf-fic Engineering shall conduct astudy and report the findings to theDirector of Public Service togetherwith recommendations as to theneed for and the advisability of cre-ating the zone. The investigationshall consider all relevant trafficengineering considerations, includ-ing without limitation the specificconsiderations identified in this divi-sion. Following the investigation,the zone shall not be established ifthe Director of Public Servicedetermines that any of the follow-ing are true:

(1) Establishing proposed zonewould create or contribute to a traf-fic flow or traffic congestion problem.

(2) The proposed zone is in anarea already experiencing trafficcongestion, and there are adequate

off-street areas for standing or park-ing vehicles, and the proposed zonecannot be implemented withoutresolving, accommodating or de-creasing said traffic congestion.

(3) The proposed zone is present-ly a restricted parking area, unlessthe investigation of the Commis-sioner of Traffic Engineering re-veals that it is desirable to lift orchange the restriction.

(f) The establishment of a zoneunder this section shall be effectiveten (10) days after publication of anotice in the City Record and on theposting of signs sufficient in num-ber and location to apprise the ordi-narily observant person of the exis-tence of the zone, and shall have theforce and effect of law until rescind-ed by the Director of Public Serviceor until disapproved by ordinance ofCouncil.

(g) The use of any zone estab-lished under this section shall besuspended on any street of the Citywhich has been closed under anylawful authority, including withoutlimitation street closings madeunder Section 133.09, 403.05 or 411.05of these codified ordinances.

(h) Each zone established underthis section shall be for public useand not reserved for any particularbusiness establishment or any par-ticular private user, except that theDirector of Public Service may des-ignate that any zone created underthis section be restricted to motor-ists standing or parking vehicles forthe purpose of dropping off or pick-ing up children enrolled at a givenday care center or centers or for thepurpose of checking in or checkingout of a hotel. If a zone is sorestricted, the signs required bydivision (f) of this Section shallapprise motorists of the restriction.

(i) No person shall stand or parka vehicle in a zone established forvalet parking or passenger dropoff/pick up for a period in excess often (10) minutes, nor shall any per-son stand or park a vehicle in anysuch zone except for the purpose ofleaving the vehicle in the possessionof a valet parking attendant then onduty, or while actually dropping offor picking up passengers. In thecase of zones established in front ofbusiness establishments with thecapacity to seat more than eighthundred (800) individuals, no personshall stand or park a vehicle in azone established for valet parkingor passenger drop off/pick up for aperiod in excess of thirty (30) min-utes, nor shall any person stand orpark a vehicle in any such zoneexcept for the purpose of leavingthe vehicle in the possession of avalet parking attendant then onduty, or while actually dropping offor picking up passengers. In thecase of zones established for daycare drop off/pick up, no personshall stand or park a vehicle in thezone in excess of fifteen (15) min-utes, nor shall any person stand ora park a vehicle in any zone exceptfor the purpose of dropping off orpicking up a child or childrenenrolled in a day care center.

(j) No person shall stand or parka vehicle in a zone established forchecking in or checking out of ahotel for a period in excess of thir-ty (30) minutes, nor shall any personstand or park a vehicle in any suchzone except for the purpose of check-ing in or checking out of a hotel.

(k) No person standing or park-ing a vehicle in a zone establishedunder this section shall fail to pullthe vehicle curbside, right wheels to

the curb, nor shall any person stopor park a vehicle alongside anyvehicle stopped or parked curbsidein such a zone, commonly referredto as “double parking”.

(l) In valet parking zones, a valetattendant shall remove the vehiclefrom the city streets as soon aspracticable, and under no conditionshall the vehicle remain on thestreet for a period of time in excessof ten (10) minutes.

(m) In zones established forchecking in or checking out of ahotel, parking within such zoneshall be permitted twenty-four (24)hours a day, seven (7) days a week.

(n) The Director of Public Serviceshall have the authority to promul-gate rules and regulations to imple-ment the provisions of this section.

Section 2. That existing Section451.33 of the Codified Ordinances ofCleveland, Ohio, 1976, as amendedby Ordinance No. 2393-02, passedFebruary 3, 2003, is hereby repealed.



Ord. No. 834-03.By Council Member Jackson.An emergency ordinance to amend

Sections 603.10, 605.05, 607.01, 607.02,607.03, 607.07, 607.10, 607.12, 609.05,609.08, 617.021, 617.03, 621.071, 621.072,623.07, 625.04, 625.05, 625.11, 625.12,and 625.17, of the Codified Ordi-nances of Cleveland, Ohio, 1976, asamended by various ordinances; andto repeal Sections 605.031, 607.06,609.06, and; relating to various sec-tions of the City’s Offenses andBusiness Activities Code.

Whereas, the Ohio General Assem-bly has amended certain sections ofthe State Criminal Code and addednew sections; and

Whereas, the amendments shouldbe reflected in the Codified Ordi-nances of Cleveland, Ohio, 1976,since ordinances that are enacted asan exercise of the City’s police pow-ers are required by the Ohio Con-stitution not to conflict with thegeneral State law; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, property, healthor safety in that violators may beimmediately charged under theCity’s municipal code instead of theState statutes and providing for theusual daily operation of a municipaldepartment; now, therefore,


Section 1. That the following sec-tions of the Codified Ordinances ofCleveland, Ohio, 1976:

Section 603.10, as amended byOrdinance No. 90-96, passed March18, 1996,





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Section 607.03, as amended byOrdinance No. 90-96, passed March18, 1996

Sections 607.07 and 607.10, asamended by Ordinance No. 1692-76,passed June 29, 1976,

Section 607.12, as amended byOrdinance No. 1475-88, passed Octo-ber 9, 1978,

Sections 609.05 and 609.08, asamended by Ordinance No. 1414-86,passed November 3, 1986,

Sections 617.021 and 617.03, asamended by Ordinance No. 90-96,passed March 18, 1996,




Section 625.04, as amended byOrdinance No. 1414-86, passedNovember 3, 1986,

Section 625.05 and 625.11, asamended by Ordinance No. 90-96,passed March 18, 1996,

Section 625.12, as amended byOrdinance No. 2823-89, passed March19, 1990, and

Section 625.17, as amended byOrdinance No. 304-85, passed April15, 1985,are amended to read as follows:

Section 603.10 Coloring Rabbits orBaby Poultry; Sale or Display ofPoultry

(a) No person, firm, or corporationshall dye or otherwise color any rab-bit or baby poultry, including, butnot limited to, chicks and ducklings.No person, firm, or corporation shallsell, offer for sale, expose for sale,raffle, or give away any rabbit orbaby poultry which has been dyedor otherwise colored. No poultryyounger than four weeks of agemay be sold, given away, or other-wise distributed to any person inlots of less than six. Stores, shops,vendors, and others offering youngpoultry for sale or other distributionshall provide and operate broodersor other heating devices that maybe necessary to maintain poultry ingood health, and shall keep ade-quate food and water available tothe poultry at all times. (RC 925.62)

(b) Whoever violates this sectionis guilty of unlawful poultry sale orkeeping, a misdemeanor of thefourth degree on a first offense anda misdemeanor of the third degreeon each subsequent offense.

Section 605.05 Misconduct at anEmergency

(a) No person shall knowingly:(1) Hamper the lawful operations

of any law enforcement officer, fire-fighter, rescuer, medical person,emergency medical services person,or other authorized person, engagedin the person’s duties at the sceneof a fire, accident, disaster, riot oremergency of any kind;

(2) Hamper the lawful activitiesof any emergency facility personwho is engaged in the person’sduties in an emergency facility.

(3) Fail to obey the lawful orderof any law enforcement officerengaged in the law enforcementofficer’s duties at the scene of or inconnection with a fire, accident, dis-aster, riot or emergency of any kind.

(b) Nothing in this section shallbe construed to limit access or denyinformation to any news media rep-resentative in the lawful exercise ofhis duties.

(c) Whoever violates this sectionis guilty of misconduct at an emer-gency. Except as otherwise provid-ed in this Section, misconduct at anemergency is a minor misdemeanor.If violation of this section creates arisk of physical harm to persons orproperty, misconduct at an emer-gency is a misdemeanor of the firstdegree.

(d) As used in this section:(1) “Emergency medical services

person” is the singular of “emer-gency medical services personnel”as defined in Section 2133.21 of theRevised Code.

(2) “Emergency facility person” isthe singular of “emergency facilitypersonnel” as defined in Section2909.04 of the Revised Code.

(3) “Emergency facility” has thesame meaning as in Section 2909.04of the Revised Code. (RC 2917.13)

Section 607.01 DefinitionsAs used in this chapter, certain

terms are defined as follows:(a) “Administer” means the direct

application of a drug, whether byinjection, inhalation, ingestion, orany other means to a person or ananimal.

(b) “Controlled substance” meansa drug, compound, mixture, prepa-ration, or substance included inSchedule I, II, III, IV, or V.

(c) “Dispense” means sell, leavewith, give away, dispose of, or deliv-er.

(d) “Distribute” means to deal in,ship, transport, or deliver but doesnot include administering or dis-pensing a drug.

(e) “Hypodermic” means a hypo-dermic syringe or needle, or otherinstrument or device for the subcu-taneous injection of medication.

(f) “Manufacturer” means a per-son who plants, cultivates, harvests,processes, makes, prepares, or oth-erwise engages in any part of theproduction of a controlled substanceby propagation, compounding, con-version, or processing, either direct-ly or indirectly by extraction fromsubstances of natural origin, orindependently by means of chemicalsynthesis, and includes any packag-ing or repackaging of the substanceor labeling or relabeling of its con-tainer and other activities incidentto production, except that this termdoes not include a pharmacist whoprepares, compounds, packages, orlabels a controlled substance as anincident to dispensing a controlledsubstance in accordance with a pre-scription and in the usual course ofprofessional practice.

(g) “Marihuana” means all parts ofany plant of the genus cannabis,whether growing or not, the seedsthereof; the resin extracted from anypart of the plant; and every com-pound, manufacture, salt, derivative,mixture, or preparation of the plant,its seeds or resin. It does not includethe mature stalks of the plant, fiberproduced from the stalks, oils orcake made from the seeds of theplant, any other compound, manu-facture, salt, derivative, mixture, orpreparation of the mature stalks,except the resin extracted therefrom,fiber, oil or cake, or the sterilizedseed of the plant that is incapable ofg e r m i n a t i o n .

(h) “Noxious additive” means anyelement or compound designated bythe State Board of Pharmacy for useas a safe and effective ingredient inany product containing the ingredi-ent toluene, the gas, fumes, or vaporof which when inhaled can induceintoxication, excitement, giddiness,

irrational behavior, depression, stu-pefaction, paralysis, unconscious-ness, asphyxiation, or other harmfulphysiological effects, that will dis-courage the intentional smelling orinhaling of the fumes of such prod-uct. A noxious additive shall not beadded to such a product if suchaddition would make the productunsuitable for its intended use oradversely affect the performance ofthe product. The addition of a nox-ious additive to such a product isnot required if the Board determinesthat the normal chemical composi-tion of the product creates a levelof noxiousness that is sufficient todiscourage the intentional smellingor inhaling of the product’s fumes.

(i) “Official written order” meansan order written on a form provid-ed for that purpose by the Directorof the United States Drug Enforce-ment Administration, under anylaws of the United States makingprovision therefore, if such orderforms are authorized and requiredby Federal law.

(j) “Pharmacist” mans a personregistered with the State Board ofPharmacy as a compounder and dis-penser of drugs.

(k) “Pharmacy” means any area,room, rooms, place of business, de-partment, or portion of any of theforegoing, where prescriptions arefilled or where drugs, dangerousdrugs, or poisons are compounded,sold, offered, or displayed for sale,dispensed, or distributed to the pub-lic.

(l) “Practitioner” means the fol-lowing:

(1) A person who is licensed pur-suant to Chapter 4715, 5731 or 4741of the Revised Code and authorizedby law to write prescriptions fordrugs or dangerous drugs;

(2) An advanced practice nurseauthorized under Section 4723.56 ofthe Revised Code to prescribe drugsand therapeutic devices.

(m) “Prescription” means a writ-ten or oral order for a controlledsubstance for the use of a particu-lar person or a particular animalgiven by a practitioner in the courseof professional practice and inaccordance with the regulations pro-mulgated by the Director of theUnited States Drug EnforcementAdministration, pursuant to the Fed-eral drug abuse control law.

(n) “Sale” includes delivery,barter, exchange, transfer, or gift,or offer thereof, and each suchtransaction made by any personwhether, as principal, proprietor,agent, servant, or employee.

(o) “Schedule I”, “Schedule II”,“Schedule III”, “Schedule IV” and“Schedule V” mean controlled sub-stance Schedules I, II, III, IV, and Vrespectively, established pursuant toSection 3719.41 of the Revised Code,as amended pursuant to Sections3719.43 or 3719.44 of the Revised Code.

(p) “Wholesaler” means a personwho, on official written orders otherthan prescriptions, supplies con-trolled substances that he himselfhas not manufactured, produced, orprepared and includes “wholesaledistributor of dangerous drugs” asthis term is defined in Section4729.02 of the Revised Code. (RC3719.01)

(q) “Drug of abuse” means anycontrolled substance as defined indivision (b) of this section, anyharmful intoxicant as defined indivision (x) of this section and anydangerous drug as defined in divi-sion (r) of this section. (RC3719.011)


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(r) “Dangerous drug” means anyof the following:

(1) Any drug which, under the“Federal Food, Drug and CosmeticAct”, Federal narcotic law, Section3715.01 to 3715.22 of the RevisedCode or Chapter 3719 of the RevisedCode, may be dispensed only upon aprescription;

(2) Any drug which contains aSchedule V controlled substance andwhich is exempt from Chapter 3719of the Revised Code to which suchchapter does not apply;

(3) Any drug intended for admin-istration by injection into thehuman body other than through anatural orifice of the human body.(RC 4729.02)

(s) “Bulk amount” of a controlledsubstance has the same meaning asin Section 2925.01 of the Revised Code,as that section may be amended.

(t) “Unit dose” means an amount orunit of a compound, mixture, or prepa-ration containing a controlled sub-stance, such amount or unit beingseparately identifiable and in suchform as to indicate that it is theamount or unit by which the con-trolled substance is separately admin-istered to or taken by an individual.

(u) “Cultivate” includes planting,watering, fertilizing, or tilling.

(v) “Drug abuse offense” meansany of the following:

(1) A violation of Sections 607.02to 607.08, 607.12 or 607.14 of thischapter or Sections 2925.02, 2925.03,2925.11, 2925.12, 2925.13, 2925.22,2925.23, 2925.31, 2925.32, 2925.36, or2925.37 of the Revised Code.

(2) A violation of an existing orformer law of this or any other stateor of the United States that is sub-stantially equivalent to any sectionlisted in division (v)(1) of this sec-tion.

(3) An offense under an existingor former law of this or any otherstate, or of the United States, ofwhich planting, cultivating, harvest-ing, processing, making, manufac-turing, producing, shipping, trans-porting, delivering, acquiring, pos-sessing, storing, distributing, dis-pensing, selling, inducing another touse, administering to another, using,or otherwise dealing with a con-trolled substance is an element;

(4) A conspiracy or attempt tocommit, or complicity in committingor attempting to commit, anyoffense under division (v)(1), (2), or(3) of this section.

(w) “Felony drug abuse offense”means any drug abuse offense thatwould constitute a felony under thelaws of this State, except a violationof Section 2925.11 of the RevisedCode.

(x) “Harmful intoxicant” does notinclude beer or intoxicating liquor,but means any compound, mixture,preparation, or substance the gas,fumes, or vapor of which wheninhaled can induce intoxication,excitement, giddiness, irrationalbehavior, depression, stupefaction,paralysis, unconsciousness, asphyxi-ation, or other harmful physiologicaleffects, and includes, but is not lim-ited to, any of the following:

(1) Any volatile organic solvent,plastic cement, model cement, fin-gernail polish remover, lacquer thin-ner, cleaning fluid, gasoline, andany other preparation containing avolatile organic solvent;

(2) Any aerosol propellant;(3) Any fluorocarbon refrigerant;(4) Any anesthetic gas.(y) “Manufacture” means to plant,

cultivate, harvest, process, make,prepare, or otherwise engage in any

part of the production of a drug, bypropagation, extraction, chemicalsynthesis, or compounding, or anycombination of the sale, andincludes packaging, repackaging,labeling, and other activities inci-dent to production.

(z) “Possess” or “possession”means having control over a thingor substance but may not beinferred solely from mere access tothe thing or substance through own-ership or occupation of the premis-es upon which the thing or sub-stance is found.

(aa) “Sample drug” means a drugor pharmaceutical preparation thatwould be hazardous to health orsafety if used without the supervi-sion of a practitioner, or a drug ofabuse, and that, at one time, hadbeen placed in a container plainlymarked as a sample by a manufac-turer.

(bb) “Standard Pharmaceuticalreference manual” means the cur-rent edition, with cumulativechanges if any, of any of the fol-lowing reference works:

(1) “The National Formulary”;(2) “The United States Pharma-

copeia”, prepared by authority of theUnited States Pharmacopeial Con-vention, Inc.;

(3) Other standard references thatare approved by the State Board ofPharmacy.

(cc) “Juvenile” means a personunder eighteen years of age. (RC2925.01)

Section 607.02 Gift of Marihuana(a) No person shall knowingly

give or offer to make a gift of twen-ty grams or less of marihuana.

(b) Whoever violates this sectionis guilty of trafficking in marihua-na, a minor misdemeanor for thefirst offense and a misdemeanor ofthe third degree for any subsequentoffense. If, the offense was com-mitted in the vicinity of a school orin the vicinity of a juvenile, the vio-lation is a misdemeanor of the thirddegree. (RC 2925.03)

Section 607.03 Drug Abuse: Con-trolled Substance Possession or Use

(a) No person shall knowinglyobtain, possess, or use a controlledsubstance.

(b) This section does not apply tothe following:

(1) Manufacturers, licensed healthprofessionals authorized to prescribedrugs, pharmacists, owners of phar-macies, and other persons whoseconduct was in accordance withChapters 3719., 4715., 4723., 4729.,4731., and 4741 of the Revised Code;

(2) If the offense involves an ana-bolic steroid, any person who is con-ducting or participating in aresearch project involving the use ofan anabolic steroid if the projecthas been approved by the UnitedStates food and drug administration;

(3) Any person who sells, offersfor sale, prescribes, dispenses, oradministers for livestock or othernonhuman species an anabolicsteroid that is expressly intendedfor administration through implantsto livestock or other nonhumanspecies and approved for that pur-pose under the “Federal Food, Drug,and Cosmetic Act,’’ 52 Stat. 1040(1938), 21 U.S.C.A. 301, as amended,and is sold, offered for sale, pre-scribed, dispensed, or administeredfor that purpose in accordance withthat act;

(4) Any person who obtained thecontrolled substance pursuant to a

prescription issued by a licensedhealth professional authorized toprescribe drugs.

(c) Whoever violates this sectionis guilty of drug abuse, and shall besentenced as follows:

(1) If the drug involved is a com-pound, mixture, preparation or sub-stance included in Schedule III, IVor V, and the amount of druginvolved is less than the bulkamount, drug abuse is a misde-meanor of the third degree, and ifthe offender has previously beenconvicted of a drug abuse offense,drug abuse is a misdemeanor of thesecond degree;

(2) If the drug involved is mari-huana or a compound, mixture,preparation, or substance containingmarihuana other than hashish, andthe amount is less than 200 gramsdrug abuse is a misdemeanor of thefirst degree, unless the amount ofmarihuana involved is less than 100grams, in which case drug abuse isa minor misdemeanor;

(3) If the drug involved is an ana-bolic steroid included in ScheduleIII, and the amount involved is lessthan the bulk amount, drug abuse isa misdemeanor of the third degreeand, in lieu of sentencing an offend-er to a definite or indefinite term ofimprisonment in a detention facility,the court may place the offender onconditional probation pursuant todivision (F) of Section 2951.02 of theRevised Code, unless the offenderpreviously has been convicted of adrug abuse offense, in which casedrug abuse is a misdemeanor of thesecond degree.

(d) Arrest or conviction for aminor misdemeanor violation of thissection does not constitute a crimi-nal record and need not be reportedby the person so arrested or con-victed in response to any inquiriesabout the person’s criminal record,including any inquiries contained inany application for employment,license or other right or privilege,or made in connection with the per-son’s appearance as a witness. (RC2925.11)

Section 607.07 Possessing or UsingHarmful Intoxicants

(a) Except for lawful research,clinical, medical, dental or veteri-nary purposes, no person, with pur-pose to induce intoxication or simi-lar physiological effects, shallobtain, possess or use a harmfulintoxicant.

(b) Whoever has not previouslybeen convicted of a drug abuseoffense and who violates this sec-tion is guilty of abusing harmfulintoxicants, a misdemeanor of thefirst degree.

(c) In addition to any other sanc-tion imposed upon an offender for aviolation of this section, the courtshall suspend for not less than sixmonths or more than five years theoffender’s driver’s or commercialdriver’s license or permit. If theoffender is a professionally licensedperson, in addition to any othersanction imposed for a violation ofthis section, the court immediatelyshall comply with Section 2925.38 ofthe Revised Code. (RC 2925.31)

Section 607.10 Hypodermic Posses-sion, Display and Dispensing

(a) Possession of a hypodermic isauthorized for:

(1) Any manufacturer or distribu-tor of, or dealer in, hypodermics ormedication packaged in hypoder-mics, and any authorized agent or


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employee of such manufacturer, dis-tributor or dealer, in the regularcourse of business;

(2) Any terminal distributor ofdangerous drugs, in the regularcourse of business;

(3) Any person authorized toadminister injections, in the regularcourse of the person’s profession oremployment;

(4) Any person, when the hypo-dermic in his possession was law-fully obtained and is kept and usedfor the purpose of self-administra-tion of insulin or other drug pre-scribed by a licensed health profes-sional authorized to prescribe drugsfor the treatment of disease;

(5) Any person whose use of ahypodermic is for legal research,clinical, educational or medicinalpurposes;

(6) Any farmer, for the lawfuladministration of a drug to an ani-mal;

(7) Any person whose use of ahypodermic is for lawful profession-al, mechanical, trade or craft pur-poses.

(b) No manufacturer or distribu-tor of, or dealer in, hypodermics ormedication packaged in hypoder-mics, or their authorized agents oremployees, and no terminal distrib-utor of dangerous drugs shall dis-play any hypodermic for sale. Noperson authorized to possess a hypo-dermic pursuant to division (a)hereof shall negligently fail to takereasonable precautions to preventany hypodermic in his possessionfrom theft or acquisition by anyunauthorized person.

(c) Whoever violates this sectionis guilty of a misdemeanor of thethird degree. If the offender has pre-viously been convicted of a violationof this section, RC 3719.05, 3719.06,3719.13, 3719.172(B), or 3719.31 or adrug abuse offense, a violation is amisdemeanor of the first degree.(RC 3719.99(D))

Section 607.12 Distribution ofNitrous Oxide

(a) No person who dispenses ordistributes nitrous oxide in car-tridges shall fail to comply witheither of the following:

(1) The record-keeping require-ments established under division(F) of Section 2925.32 of the RevisedCode;

(2) The labeling and transactionidentification requirements estab-lished

under division (G) of Section2925.32 of the Revised Code.

(b) Whoever violates this sectionis guilty of improperly dispensing ordistributing nitrous oxide, a misde-meanor of the fourth degree. (RC2925.32)

Section 609.05 Interference withCustody

(a) No person, knowing the personis without privilege to do so or beingreckless in that regard, shall entice,take, keep or harbor any of the fol-lowing persons from those persons’parent, guardian or custodian:

(1) A child under the age of eigh-teen, or a mentally or physicallyhandicapped child under the age oftwenty-one;

(2) A person committed by law toan institution for delinquent, unruly,neglected, abused or dependent chil-dren;

(3) A person committed by law toan institution for the mentally ill ormentally retarded.

(b) No person shall aid, abet,induce, cause or encourage a child

or a ward of the juvenile court whohas been committed to the custodyof any person, department, or publicor private institution to leave thecustody of that person, departmentor institution without legal consent.

(c) It is an affirmative defense toa charge of enticing or taking underdivision (a)(1) of this section thatthe actor reasonably believed thatthe actor’s conduct was necessary topreserve the child’s health or safe-ty. It is an affirmative defense to acharge of keeping or harboringunder division (a) of this sectionthat the actor in good faith gavenotice to law enforcement or judi-cial authorities within a reasonabletime after the child or committedperson came under the actor’s shel-ter, protection or influence.

(d) Whoever violates this sectionis guilty of interference with cus-tody. Except as otherwise providedin RC 2919.23(D)(2), violation ofdivision (a)(1) of this section is amisdemeanor of the first degree Aviolation of division (a)(2) or (3) ofthis section is a misdemeanor of thethird degree. A violation of division(b) of this section is a misdemeanorof the first degree. Each day of vio-lation of division (b) of this sectionis a separate offense. (RC 2919.23)

Section 609.08 Temporary Protec-tion Order

(a) No person shall recklessly vio-late the terms of any of the follow-ing:

(1) A protection order issued orconsent agreement approved pur-suant to Section 2919.26 or 3113.31 ofthe Revised Code;

(2) A protection order issued pur-suant to Section 2903.213 or 2903.214of the Revised Code;

(3) A protection order issued by acourt of another state;

(b) (1) Except as otherwise pro-vided in division (B)(1)(b) of Sec-tion 2919.27, if the offense involvesa violation of division (a)(1) or (3)of this section violating a protectionorder is a misdemeanor of the firstdegree;

(2) Except as otherwise providedin division (B)(2)(b) of Section2919.27 of the Revised Code, if theoffense involves a violation of divi-sion (a)(2) of this section, violatinga protection order is a misdemeanorof the first degree. (RC 2919.27)

Section 617.021 Purchase, Con-sumption or Possession by Minor;Misrepresentation

(a) Except as otherwise providedin this chapter or Chapter 4301 ofthe Revised Code, no person underthe age of twenty-one years shallpurchase beer or intoxicating liquor.(RC 4301.63)

(b) Except as otherwise providedin this chapter or Chapter 4301 ofthe Revised Code, no person shallknowingly furnish any false infor-mation as to the name, age or otheridentification of any person undertwenty-one years of age for the pur-pose of obtaining or with the intentto obtain, beer or intoxicating liquorfor a person under twenty-one yearsof age, by purchase, or as a gift.(RC 4301.633)

(c) Except as otherwise providedin this chapter or Chapter 4301 ofthe Revised Code, no person underthe age of twenty-one years shallknowingly show or give false infor-mation concerning his name, age orother identification for the purposeof purchasing or otherwise obtain-ing beer or intoxicating liquor in

any place where beer or intoxicat-ing liquor is sold under a permitissued by the State Division ofLiquor Control or sold by the StateDivision of Liquor Control. (RC4301.634)

(d)(1) Whoever violates any pro-vision of this section for which noother penalty is provided is guiltyof a misdemeanor of the firstdegree.

(2) Whoever violates division (a)of this section, shall be fined notless than twenty-five dollars($25.00) nor more than one hundreddollars ($100.00). The court impos-ing a fine for a violation of division(a) of this section may order thatthe fine be paid by the performanceof public work at a reasonablehourly rate established by the court.The court shall designate the timewithin which the public work shallbe completed. (RC 4301.99(F))

(3) Whoever violates division (c)of this section is guilty of a misde-meanor of the first degree. If, incommitting a first violation of thatsection, the offender presented tothe permit holder or the permit hold-er’s employee or agent a false, fic-titious, or altered identificationcard, a false or fictitious driver’slicense purportedly issued by anystate, or a driver’s license issued byany state that has been altered, theoffender is guilty of a misdemeanorof the first degree and shall befined not less than two hundredfifty and not more than one thou-sand dollars, and may be sentencedto a term of imprisonment of notmore than six months.

(4) On a second violation of divi-sion (c) of this section or if theoffender has violated Section4301.634 of the Revised Code once inthe past on a first violation of divi-sion (c) of this section in which, forthe second time, the offender pre-sented to the permit holder or thepermit holder’s employee or agent afalse, fictitious, or altered identifi-cation card, a false or fictitious dri-ver’s license purportedly issued byany state, or a driver’s licenseissued by any state that has beenaltered, the offender is guilty of amisdemeanor of the first degree andshall be fined not less than five hun-dred nor more than one thousanddollars, and may be sentenced to aterm of imprisonment of not morethan six months. The court alsomay suspend the offender’s driver’sor commercial driver’s license orpermit or nonresident operatingprivilege or deny the offender theopportunity to be issued a driver’sor commercial driver’s license for aperiod not exceeding sixty days.

(5) On a third or subsequent vio-lation of division (c) of this sectionor if the offender has violated Sec-tion 4301.634 of the Revised Codeone or more times in the past, on afirst or subsequent violation of divi-sion (c) of this section if the totalviolations of this section and Divi-sion 4301.634 of the Revised Code isthree or more, in which, for thethird or subsequent time, the offend-er presented to the permit holder orthe permit holder’s employee oragent a false, fictitious, or alteredidentification card, a false or ficti-tious driver’s license purportedlyissued by any state, or a driver’slicense issued by any state that hasbeen altered, the offender is guiltyof a misdemeanor of the first degreeand shall be fined not less than fivehundred nor more than one thousanddollars, and may be sentenced to a


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term of imprisonment of not morethan six months. The court alsoshall suspend the offender’s driver’sor commercial driver’s license orpermit or nonresident operatingprivilege or deny the offender theopportunity to be issued a driver’sor commercial driver’s license for aperiod of ninety days, and the courtmay order that the suspension ordenial remain in effect until theoffender attains the age of twenty-one years. The court also may orderthe offender to perform a determi-nate number of hours of communityservice, with the court determiningthe actual number of hours and thenature of the community service theoffender shall perform.

Section 617.03 Sales to IntoxicatedPersons

(a) No permit holder and no agentor employee of a permit holder shallsell or furnish beer or intoxicatingliquor to an intoxicated person.

(b) No intoxicating liquor shall besold to any individual who habitu-ally drinks intoxicating liquor toexcess, or to whom the departmenthas, after investigation, determinedto prohibit the sale of such intoxi-cating liquor, because of causeshown by the husband, wife, father,mother, brother, sister, or other per-son dependent upon, or in charge ofsuch individual, or by the mayor ofany municipal corporation, or atownship trustee of any township inwhich the individual resides. Theorder of the State Division of LiquorControl in such case shall remain ineffect until revoked by the StateDivision of Liquor Control. (RC4301.22(B)(C))

(c) Whoever violates this sectionis guilty of a misdemeanor of thethird degree. (RC 4301.99(D).

Section 621.071 Menacing by Stalk-ing

(a) No person by engaging in apattern of conduct shall knowinglycause another to believe that theoffender will cause physical harm tothe other person or caused mentaldistress to the other person.

(b) Whoever violates this sectionis guilty of menacing by stalking, amisdemeanor of the first degree.

(c) Section 2919.27 of the RevisedCode applies in relation to a defen-dant charged with a violation ofthis section.

(d) As used in this section:(1) “Pattern of conduct” means

two or more actions or incidentsclosely related in time, whether ornot there has been a prior convic-tion based on any of those actionsor incidents. Actions or incidentsthat prevent, obstruct, or delay theperformance by a public official,firefighter, rescuer, emergency med-ical services person, or emergencyfacility person of any authorized actwithin the public official’s fire-fighter’s, rescuer’s, emergency med-ical services person’s, or emergencyfacility person’s official capacitymay constitute a “pattern of con-duct.”

(2) “Mental distress” means anymental illness or condition thatinvolves some temporary substantialincapacity or mental illness or con-dition that would normally requirepsychiatric treatment.

(3) “Emergency medical servicesperson” is the singular of “emer-gency medical services personnel”as defined in Section 2133.21 of theRevised Code.

(4) “Emergency facility person” is

the singular of “emergency facilitypersonnel” as defined in Section2909.04 of the Revised Code.

(5) “Public official” has the samemeaning as in Section 2921.01 of theRevised Code.

(e) This section shall not applywhenever the conduct prohibited bythis section constitutes a felonyunder Section 2903.211 of theRevised Code. (RC 2903.211)

Section 621.072 Exceptions toAggravated Menacing and Menacing

Sections 621.06 and 621.07 do notapply if the victim of the offense isan officer or employee of a publicchildren services agency or a pri-vate child placing agency and theoffense relates to the officer’semployee’s performance or antici-pated performance of officialresponsibilities or duties or, if theoffender previously has been con-victed of or pleaded guilty to anoffense of violence, the victim ofthat prior offense was an officer oremployee of a public children ser-vices agency or private child plac-ing agency, and that prior offenserelated to the officer’s or employee’sperformance or anticipated perfor-mance of official responsibilities orduties. (RC 2903.214)

Section 623.07 Desecration(a) No person, without privilege

to do so, shall purposely deface,damage, pollute or otherwise physi-cally mistreat any of the following:

(1) The flag of the United Statesor of this State;

(2) Any public monument;(3) Any historical or commemora-

tive marker, or any structure, Indi-an mound or earthwork, cemeterything or site of great historical orarcheological interest;

(4) A work of art or museumpiece;

(5) Any other object of reverenceor sacred devotion.

(b) Whoever violates this sectionis guilty of desecration. A violationof this section is a misdemeanor ofthe second degree. (RC 2927.11)

Section 625.04 Property Exceptionsas Felony Offenses

Regardless of the value of theproperty involved, and regardless ofwhether the offender has previouslybeen convicted of a theft offense,the provisions of Section 625.05 or625.21 do not apply if the propertyinvolved is any of the following:

(a) A credit card;(b) A printed form for a check or

other negotiable instrument, whichon its face identifies the drawer ormaker for whose use it is designedor identifies the account on which itis to be drawn, and which has notbeen executed by the drawer ormaker or on which the amount isblank;

(c) A firearm or dangerous ord-nance as defined in Section 627.01;

(d) A motor vehicle as defined inSection 4501.01 of the Revised Codeor the proceeds of a motor vehicleinsurance policy;

(e) A motor vehicle identificationlicense plate as prescribed by Sec-tion 4503.22 of the Revised Code, atemporary license placard or wind-shield sticker as prescribed by Sec-tion 4503.182 of the Revised Code, orany comparable license plate plac-ard or sticker as prescribed by theapplicable law of another state orthe United States;

(f) A blank form for a certificateof title or a manufacturer’s or

importer’s certificate to a motorvehicle as prescribed by Section4505.07 of the Revised Code;

(g) A blank form for any licenselisted in division (A) of Section4507.01 of the Revised Code.

(h) Any dangerous drug. (RC2913.71)

Section 625.05 Petty Theft(a) No person, with purpose to

deprive the owner of property or ser-vices, shall knowingly obtain orexert control over either the proper-ty or services in any of the follow-ing ways:

(1) Without the consent of theowner or person authorized to giveconsent;

(2) Beyond the scope of theexpress or implied consent of theowner or person authorized to giveconsent;

(3) By deception;(4) By threat;(5) By intimidation.(b) This section shall not apply if

the value of the property involvedis five hundred dollars ($500.00) ormore, or is any of the property list-ed in Section 625.04.

(c) This section shall not apply ifthe victim of the offense is an elder-ly person or disabled adult.

(d) Whoever violates this sectionis guilty of petty theft, a misde-meanor of the first degree. (RC2913.02)

Section 625.11 Passing Bad Checks(a) No person, with purpose to

defraud, shall issue, transfer orcause to be issued or transferred acheck or other negotiable instru-ment, knowing that it will be dis-honored.

(b) For purposes of this section,a person who issues or transfers acheck or negotiable instrument ispresumed to know that it will bedishonored, if either of the follow-ing occurs:

(1) The drawer had no accountwith the drawee at the time of issueor the stated date, whichever islater.

(2) The check or other negotiableinstrument was properly refusedpayment for insufficient funds uponpresentment within thirty days afterissue or the stated date, whicheveris later, and the liability of thedrawer, endorser or any party whomay be liable thereon is not dis-charged by payment or satisfactionwithin ten days after receivingnotice of dishonor.

(c) For purposes of this section, aperson who issues or transfers acheck, bill of exchange, or otherdraft is presumed to have the pur-pose to defraud if the drawer failsto comply with RC 1349.16 by doingany of the following when openinga checking account intended for per-sonal, family, or household purposesat a financial institution:

(1) Falsely stating that the draw-er has not been issued a valid dri-ver’s or commercial driver’s licenseor identification card issued underSection 4507.50 of the Revised Code;

(2) Furnishing such license orcard, or another identification docu-ment that contains false informa-tion;

(3) Making a false statement withrespect to the drawer’s currentaddress or any additional relevantinformation reasonably required bythe financial institution.

(d) This section shall not apply ifthe check or other negotiable instru-ment is for payment of five hundreddollars ($500.00) or more.


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(e) Whoever violates this sectionis guilty of passing bad checks, amisdemeanor of the first degree.(RC 2913.11)

Section 625.12 Misuse of CreditCards

(a) No person shall do any of thefollowing:

(1) Practice deception for the pur-pose of procuring the issuance of acredit card, when a credit card isissued in actual reliance thereon;

(2) Knowingly buy or sell a cred-it card from or to a person otherthan the issuer.

(b) No person, with purpose todefraud, shall do any of the follow-ing:

(1) Obtain control over a creditcard as security for a debt;

(2) Obtain property or services bythe use of a credit card, in one ormore transactions, knowing or hav-ing reasonable cause to believe thatsuch card has expired or beenrevoked, or was obtained, isretained or is being used in viola-tion of law;

(3) Furnish property or servicesupon presentation of a credit card,knowing that such card is beingused in violation of law;

(4) Represent or cause to be rep-resented to the issuer of a creditcard that property or services havebeen furnished, knowing that suchrepresentation is false.

(c) No person, with purpose to vio-late this section, shall receive, pos-sess, control or dispose of a creditcard.

(d) Divisions (b)(1) or (2) of thissection shall not apply if the victimof the offense is an elderly personor disabled adult.

(e) Divisions (b)(1) or (2) of thissection shall not apply if the debtfor which the card is held as secu-rity or the cumulative retail valueof the property or services involvedin the violations is more than fivehundred dollars ($500.00).

(f) Divisions (b)(2), (3) or (4) ofthis section shall not apply if thecumulative retail value of the prop-erty and services involved in one ormore violations of divisions (b)(2),(3), or (4) of this section which vio-lations involve one or more creditcard accounts and occur within aperiod of ninety consecutive dayscommencing on the date of the firstviolation, is five hundred dollars($500.00) or more.

(g) Whoever violates this sectionis guilty of misuse of credit cards.Abuse of credit cards is a misde-meanor of the first degree. (RC2913.21)

Section 625.17 Securing Writingsby Deception

(a) No person, by deception, shallcause another to execute any writ-ing which disposes of or encumbersproperty, or by which a pecuniaryobligation is incurred.

(b) This section shall not apply ifthe value of the property or theobligation involved is five hundreddollars ($500.00) or more.

(c) This section shall not apply ifthe victim of the offense is an elder-ly person or disabled adult.

(d) Whoever violates this sectionis guilty of securing writings bydeception, a misdemeanor of thefirst degree. (RC 2913.43)







Section 607.03, as amended byOrdinance No. 90-96, passed March18, 1996

Sections 607.07 and 607.10, asamended by Ordinance No. 1692-76,passed June 29, 1976,


Sections 609.05 and 609.08, asamended by Ordinance No. 1414-86,passed November 3, 1986,

Sections 617.021 and 617.03, asamended by Ordinance No. 90-96,passed March 18, 1996,




Section 625.04, as amended byOrdinance No. 1414-86, passedNovember 3, 1986,

Section 625.05 and 625.11, asamended by Ordinance No. 90-96,passed March 18, 1996,


Section 625.17, as amended byOrdinance No. 304-85, passed April15, 1985,are repealed.

Section 3. That the Codified Ordi-nances of Cleveland, Ohio, 1976, areamended by the repeal of Section607.06, as amended by Ordinance No.90-96, passed March 18, 1996, since theOhio Legislature increased the penal-ties for these violations to fourth andfifth degree felonies. Therefore, thecharges for deception to obtain dan-gerous drugs be filed under Section2925.22 of the Revised Code.

Section 4. That the Codified Ordi-nances of Cleveland, Ohio, 1976, areamended by the repeal of Section609.06, as amended by Ordinance No.1414-86, passed November 3, 1986,since the Ohio Legislature repealedthis violation.



Ord. No. 835-03.By Council Members Reed, White


An emergency ordinance to amendthe Part IV, Traffic Code, of the Cod-ified Ordinances of Cleveland, Ohio,1976, as amended by various ordi-nances; and to supplement said Cod-ified Ordinances by enacting newSections 403.99, 433.01 and 433.011,relating to the regulation of vehicles.

Whereas, the Ohio General Assem-bly has amended certain sections ofthe State Traffic Code and addednew sections; and

Whereas, the amendments shouldbe reflected in the Codified Ordi-nances of Cleveland, Ohio, 1976,since ordinances that are enacted asan exercise of the City’s police pow-ers are required by the Ohio Con-stitution not to conflict with thegeneral State law; and

Whereas, this ordinance consti-tutes an emergency measure provid-ing for the immediate preservationof the public peace, property, healthor safety in that violators may beimmediately charged under theCity’s municipal code instead of theState statutes and providing for theusual daily operation of a municipaldepartment; now, therefore



Section 401.101, as amended byOrdinance No. 91-96, passed March18, 1996;

Section 401.15, as amended byOrdinance No. 1684-76, passed June29, 1976;





Section 403.02, as amended byOrdinance No. 280-80, passed Decem-ber 15, 1980;

Section 431.38, as amended byOrdinance No. 755-A-86, passed Octo-ber 27, 1986;










Section 485.19, as amended byOrdinance No. 1684-76, passed June29, 1976;are amended, respectively, to readas follows:

Section 401.101 Commercial MotorVehicle

“Commercial motor vehicle” meansany motor vehicle designed or usedto transport persons or property thatmeets any of the following qualifi-cations:

(a) Any combination of vehicleswith a combined gross vehicleweight rating of twenty-six thou-


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sand one pounds or more, providedthe gross vehicle weight rating ofthe vehicle or vehicles being towedis in excess of ten thousand pounds;

(b) Any single vehicle with agross vehicle weight rating of twen-ty-six thousand one pounds or more,or any such vehicle towing a vehi-cle having a gross vehicle weightrating that is not in excess of tenthousand pounds;

(c) Any single vehicle or combi-nation of vehicles that is not a classA or class B vehicle, but that eitheris designed to transport sixteen ormore passengers including the dri-ver, or is placarded for hazardousmaterials;

(d) Any school bus with a grossvehicle weight rating of less thantwenty-six thousand one pounds thatis designed to transport fewer thansixteen passengers including thedriver;

(e) Is transporting hazardousmaterials for which placarding isrequired by regulations adoptedunder the “Hazardous MaterialsTransportation Act,” 88 Stat. 2156(1975), 49 U.S.C.A. 1801, as amended;

(f) Any single vehicle or combi-nation of vehicles that is designedto be operate d and to travel on apublic street or highway and is con-sidered by the federal highwayadministration to be a commercialmotor vehicle, including, but notlimited to, a motorized crane, a vehi-cle whose function is to pumpcement, a rig for drilling wells, anda portable crane. (RC 4506.01(E))

Section 401.15 Driver or Operator “Driver” or “operator” means every

person who drives or is in actualphysical control of a vehicle, track-less trolley, or streetcar. (RC4511.01(Y))

Section 401.26 Motor Vehicle“Motor vehicle” means every vehi-

cle propelled or drawn by powerother than muscular power or powercollected from overhead electric trol-ley wires, except motorized bicycles,road rollers, traction engines, powershovels, power cranes and otherequipment used in constructionwork and not designed for oremployed in general highway trans-portation, hole-digging machinery,well-drilling machinery, ditch-dig-ging machinery, farm machinery,trailers used to transport agricul-tural produce or agricultural pro-duction materials between a localplace of storage or supply and thefarm when drawn or towed on apublic street or highway at a speedof twenty-five miles per hour or less,threshing machinery, hay-balingmachinery, agricultural tractors andmachinery used in the production ofhorticultural, floricultural, agricul-tural and vegetable products, andtrailers designed and used exclu-sively to transport a boat between aplace of storage and a marina, or inand around a marina, when drawnor towed on a street or highway fora distance of no more than ten milesand at a speed of twenty-five milesper hour or less. (RC 4511.01(B))

Section 401.43 Public Safety Vehi-cle

“Public safety vehicle” means anyof the following:

(a) Ambulances, including privateambulance companies under con-tract to a municipal corporation,township, or county, and privateambulances and nontransport vehi-cles bearing license plates issued

under Section 4503.49 of the RevisedCode;

(b) Motor vehicles used by publiclaw enforcement officers or otherpersons sworn to enforce the crimi-nal and traffic laws of the State orthe Municipality;

(c) Any motor vehicle when prop-erly identified as required by theOhio Director of Public Safety, whenused in response to fire emergencycalls or to provide emergency med-ical service to ill or injured persons,and when operated by a duly qual-ified person who is a member of avolunteer rescue service or a volun-teer fire department, and who is onduty pursuant to the rules or direc-tives of that service. The Ohio FireMarshal shall be designated by theOhio Director of Public Safety as thecertifying agency for all public safe-ty vehicles described in this division(c);

(d) Vehicles used by fire depart-ments, including motor vehicleswhen used by volunteer firemenresponding to emergency calls inthe fire department service whenidentified as required by the OhioDirector of Public Safety.

Any vehicle used to transport orprovide emergency medical serviceto an ill or injured person, when cer-tified as a public safety vehicle,shall be considered a public safetyvehicle when transporting an ill orinjured person to a hospital regard-less of whether such vehicle hasalready passed a hospital.

(e) Vehicles used by the commer-cial motor vehicle safety enforce-ment unit for the enforcement oforders and rules of the public utili-ties commission as specified in Sec-tion 5503.34 of the Revised Code.(RC 4511.01(E))

Section 401.66 Traffic“Traffic” means pedestrians, rid-

den or herded animals, vehicles,streetcars, trackless trolleys, andother devices, either singly ortogether, while using any street orhighway for purposes of travel.(RC 4511.01(TT))

Section 401.73 Vehicle“Vehicle” means every device,

including a motorized bicycle, in,upon, or by which any person orproperty may be transported ordrawn upon a highway, except that“vehicle” does not include anymotorized wheelchair, electric per-sonal assistive mobility devices, anydevice that is moved by power col-lected from overhead electric trolleywires or that is used exclusivelyupon stationary rails or tracks, orany device, other than a bicycle,that is moved by human power.(RC 4511.01(A))

Section 403.02 Compliance withLawful Order of Police Officer; Flee-ing

(a) No person shall fail to complywith any lawful order or directionof any police officer invested withauthority to direct, control, or regu-late traffic.

(b) No person shall operate amotor vehicle so as to willfullyelude or flee a police officer afterreceiving a visible or audible signalfrom a police officer to bring hismotor vehicle to a stop.

(c) This section shall not applywhenever the conduct prohibited bythis section constitutes a felonyunder Section 2921.331 of theRevised Code. (RC 2921.331(C).

Section 431.38 Stopping for SchoolBus; Discharging Children

(a) The driver of a vehicle, street-car, or trackless trolley upon meet-ing or overtaking from either direc-tion any school bus stopped for thepurpose of receiving or dischargingany school child, person attendingprograms offered by communityboards of mental health and countyboards of mental retardation anddevelopmental disabilities, or childattending a program offered by ahead start agency, shall stop atleast ten feet from the front or rearof the school bus and shall not pro-ceed until such school bus resumesmotion, or until signaled by theschool bus driver to proceed.

It is no defense to a charge underdivision (a) of this section that theschool bus involved failed to displayor be equipped with an automati-cally extended stop warning sign asrequired by division (b) of this sec-tion.

(b) Every school bus shall beequipped with amber and red visu-al signals meeting with require-ments of Section 4511.771 of theRevised Code, and an automaticallyextended stop warning sign of atype approved by the state board ofeducation, which shall be actuatedby the driver of the bus wheneverbut only whenever the bus isstopped or stopping on the roadwayfor the purpose of receiving or dis-charging school children, personsattending programs offered by com-munity boards of mental health andcounty boards of mental retardationand developmental disabilities, orchildren attending programs offeredby head start agencies. A schoolbus driver shall not actuate thevisual signals or the stop warningsign in designated school bus load-ing areas where the bus is entirelyoff the roadway or at school build-ings when children or personsattending programs offered by com-munity boards of mental health andcounty boards of mental retardationand developmental disabilities areloading or unloading at curbside orat buildings when children attend-ing programs offered by head startagencies are loading or unloadingat curbside. The visual signals andstop warning sign shall be synchro-nized or otherwise operated asrequired by rule of the board.

(c) Where a highway has beendivided into four or more trafficlanes, a driver of a vehicle, street-car, or trackless trolley need notstop for a school bus approachingfrom the opposite direction whichhas stopped for the purpose ofreceiving or discharging any schoolchild, persons attending programsoffered by community boards ofmental health and county boards ofmental retardation and developmen-tal disabilities, or children attendingprograms offered by head startagencies. The driver of any vehicle,streetcar, or trackless trolley over-taking the school bus shall complywith division (a) of this section.

(d) School buses operating ondivided highways or on highwayswith four or more traffic lanes shallreceive and discharge all schoolchildren, persons attending pro-grams offered by community boardsof mental health and county boardsof mental retardation and develop-mental disabilities, and childrenattending programs offered by headstart agencies on their residenceside of the highway.

(e) No school bus driver shallstart the driver’s bus until after any


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child, person attending programsoffered by community boards ofmental health or county boards ofmental retardation and developmen-tal disabilities, or child attending aprogram offered by a head startagency who may have alightedtherefrom has reached a place ofsafety on the child or person’s resi-dence side of the road.

(f) As used in this section:(1) “Head start agency” has the

same meaning as in division (A)(1)of Section 3301.31 of the RevisedCode.

(2) “School bus,” as used in rela-tion to children who attend a pro-gram offered by a head startagency, means a bus that is ownedand operated by a head startagency, is equipped with an auto-matically extended stop warningsign of a type approved by the stateboard of education, is painted thecolor and displays the markingsdescribed in Section 4511.77 of theRevised Code, and is equipped withamber and red visual signals meet-ing the requirements of Section451.771 of the Revised Code, irre-spective of whether or not the bushas fifteen or more children aboardat any time. “School bus” does notinclude a van owned and operatedby a head start agency, irrespectiveof its color, lights, or markings. (RC4511.75)

Section 435.01 Driver’s or Com-mercial Driver’s License Required;Restriction Violation

(a) No person, except thoseexpressly exempted under Section4507.03 to 4507.05 of the RevisedCode, inclusive, shall operate anymotor vehicle upon a street or high-way or any public or private prop-erty used by the public for purpos-es of vehicular travel or parking inthe City unless such person has avalid driver’s license issued underChapter 4507 of the Revised Code ora valid commercial driver’s licenseissued under Chapter 4506 of theRevised Code.

No person shall permit the opera-tion of a motor vehicle upon anypublic or private property used bythe public for purposes of vehiculartravel or parking knowing suchoperator does not have a valid dri-ver’s license issued to the operatorby the registrar of motor vehiclesunder Chapter 4507 of the RevisedCode or a valid commercial driver’slicense issued under Chapter 4506 ofthe Revised Code.

No person, except those expresslyexempted under Section 4507.03 to4507.05 of the Revised Code, inclu-sive, shall operate any motorcycleupon a street or highway or anypublic or private property used bythe public for purposes of vehiculartravel or parking in the City unlesssuch person has a valid license asa motorcycle operator, that wasissued upon application by the reg-istrar under Chapter 4507 of theRevised Code. The license shall bein the form of an endorsement, asdetermined by the registrar, upon adriver’s or commercial driver’slicense, if the person has a validlicense to operate a motor vehicle orcommercial motor vehicle, or in theform of a restricted license as pro-vided in Section 4507.14 of theRevised Code, if the person does nothave a valid license to operate amotor vehicle or commercial motorvehicle. (RC 4507.02(A)(1) to (3))

(b) No nonresident of Ohio shalldrive any motor vehicle upon astreet or highway of the City unless

he has in his possession a valid andcurrent driver’s or commercial dri-ver’s license issued to him by anoth-er jurisdiction recognized by theState of Ohio.

No nonresident of Ohio, upondemand of any police officer at anytime or place, shall fail to provelawful possession or his right tooperate such motor vehicle, or failto establish proper identity. (RC4507.04)

(c) No person shall operate anymotor vehicle in violation of anyrestriction imposed on his driver’s orcommercial driver’s license by theOhio Registrar of Motor Vehiclespursuant to Section 4507.14 of theRevised Code.

Section 435.03 Driving with Tem-porary Instruction Permit WithoutLicensed Driver

No person, who is the holder of atemporary instruction permit, issuedby the Ohio Registrar of Motor Vehi-cles pursuant to RC 4507.05, shalldrive a motor vehicle upon a streetor highway, except when havingsuch permit in his immediate pos-session and when accompanied by alicensed operator who is actuallyoccupying a seat beside the driver,and when the total number of occu-pants of the vehicle does not exceedthe total number of occupantrestraining devices originallyinstalled in the motor vehicle by itsmanufacturer, and each occupant ofthe vehicle is wearing all of theavailable elements of a properlyadjusted occupant restrainingdevice. The holder of a temporaryinstruction permit issued by theRegistrar pursuant to Section4507.05 of the Revised Code is notentitled under this section to drivea commercial motor vehicle. (RC4507.05)

Section 435.07 Driver Under Sus-pension or Revocation

(a) No person whose driver’s orcommercial driver’s license or per-mit or nonresident’s operating priv-ilege has been suspended or revokedpursuant to Chapter 4509 of theRevised Code, shall operate anymotor vehicle within this City, orknowingly permit any motor vehicleowned by him to be operated byanother person in the City, duringthe period of the suspension or revo-cation, except as specifically autho-rized by Chapter 4509 of the RevisedCode. No person shall operate amotor vehicle within this city, orknowingly permit any motor vehicleowned by him to be operated byanother person in the city, duringthe period in which he is requiredby Section 4509.45 of the RevisedCode to file and maintain proof offinancial responsibility for a viola-tion of Section 4509.101 of theRevised Code, unless proof of finan-cial responsibility is maintainedwith respect to that vehicle.

(b) No person shall operate anymotor vehicle upon a highway orany public or private property usedby the public for purposes of vehic-ular travel or parking in this cityin violation of any restriction of theperson’s driver’s or commercial dri-ver’s license imposed under division(D) of Section 4506.10 or 4507.14 ofthe Revised Code.

(c) No person, whose driver’s orcommercial driver’s license or per-mit has been suspended pursuant toSection 4511.191, Section 4511.196, ordivision (B) of Section 4507.16 of theRevised Code shall operate anymotor vehicle within this City until

after he has paid the license rein-statement fee required pursuant todivision (L) of Section 4511.191 ofthe Revised Code and the license orpermit has been returned to the per-son or a new license or permit hasbeen issued to the person.

(d) No person, whose driver’s orcommercial driver’s license or per-mit or nonresident operating privi-lege has been suspended or revokedunder any provision of the RevisedCode other than Chapter 4509 of theRevised Code or under any applica-ble law in any other jurisdiction inwhich the person’s license or permitwas issued, shall operate any motorvehicle upon the highways orstreets within this City during theperiod of the suspension or withinone year after the date of the revo-cation. No person who is grantedoccupational driving privileges byany court shall operate any motorvehicle upon the highways orstreets in this City except in accor-dance with the terms of the privi-leges.

(e) No person, whose driver’s orcommercial driver’s license or per-mit or nonresident operating privi-lege has been suspended under divi-sion (B) of Section 4507.16 of theRevised Code, shall operate anymotor vehicle upon the highways orstreets within this city during theperiod of suspension. No personwho is granted occupational drivingprivileges by any court shall oper-ate any motor vehicle upon the high-ways or streets in this city exceptin accordance with the terms ofthose privileges. (RC 4507.02(B) to(D))

(f) No person whose driver’s orcommercial driver’s license or per-mit or nonresident operating privi-lege has been suspended under Sec-tion 4511.191 or 4511.196 of theRevised Code shall operate a vehi-cle upon the highways or streetswithin this City. (RC 4511.192)

(g) It is an affirmative defense toany prosecution brought pursuant todivisions (a) to (d) of this Sectionthat the alleged offender droveunder suspension because of a sub-stantial emergency, provided that noother person was reasonably avail-able to drive in response to theemergency. (RC 4507.02(E))

Section 435.10 License Plates to BeUnobstructed

No person shall operate a motorvehicle, upon which license platesare required by law to be displayed,unless the license plates legally reg-istered and issued for such vehicleshall be fastened in such a manner,and not covered, obscured or con-cealed by any part or accessory ofsuch vehicle or by any foreign sub-stance or material, to be readable inits entirety from left to right. (RC4503.21)

Section 435.11 Use of IllegalLicense Plates; Transfer of Regis-tration

(a) No person shall operate ordrive a motor vehicle upon thestreets of the City if it displays adistinctive number or identificationmark which:

(1) Is fictitious;(2) Is a counterfeit or an unlaw-

fully made copy of any distinctivenumber or identification mark;

(3) Belongs to another motor vehi-cle, provided that this section doesnot apply to a person who fails tocomply with the transfer of regis-tration provisions of Section 4503.12of the Revised Code. (RC 4549.08)


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(b) Upon the transfer of owner-ship of a motor vehicle, the regis-tration of such motor vehicle shallexpire, and the original owner shallimmediately remove such numberplates from such motor vehicle,except if their display is authorizedby Section 4503.12 of the RevisedCode. The transfer of such numberfrom the motor vehicle purchased bythe same person in whose name theoriginal number plates were issuedshall be done within a period not toexceed thirty days. (RC 4503.12)

Section 435.12 License Plate Loanor Sale

No person shall loan, sell, giveaway or otherwise traffic in anynumber or license plate or platesissued by any state or other dulyauthorized governmental agency inconnection with the registration ofa motor vehicle. However, nothingherein shall be deemed to apply tothe issuance of license plates pur-suant to law. (RC 4507.30)

Section 435.15 Stopping After Acci-dent upon Streets; Collision withUnattended Vehicle

In case of accident to or collisionwith persons or property upon anyof the public streets or highways,due to the driving or operationthereon of any motor vehicle, theperson so driving or operating suchmotor vehicle, having knowledge ofsuch accident or collision, shallimmediately stop his motor vehicleat the scene of the accident or col-lision and shall remain at the sceneof such accident or collision until hehas given his name and addressand, if he is not the owner, the nameand address of the owner of suchmotor vehicle, together with the reg-istered number of such motor vehi-cle, to any person injured in suchaccident or collision or to the oper-ator, occupant, owner or attendantof any motor vehicle damaged insuch accident or collision, or to anypolice officer at the scene of suchaccident or collision.

In the event the injured person isunable to comprehend and recordthe information required to be givenby this section, the other driverinvolved in such accident or colli-sion shall forthwith notify the near-est police authority concerning thelocation of the accident or collision,and his name, address and the reg-istered number of the motor vehiclehe was operating, and then remainat the scene of the accident or col-lision until a police officer arrives,unless removed from the scene byan emergency vehicle operated by apolitical subdivision or an ambu-lance.

If such accident or collision iswith an unoccupied or unattendedmotor vehicle, the operator so col-liding with such motor vehicle shallsecurely attach the informationrequired to be given in this section,in writing, to a conspicuous place inor on such unoccupied or unattend-ed motor vehicle. (RC 4549.02)

Section 437.24 Motor Vehicle StopLights

Every motor vehicle, trailer, semi-trailer, and pole trailer when oper-ated upon a highway shall beequipped with two or more stoplights, except that passenger carsmanufactured or assembled prior toJanuary 1, 1967, motorcycles, andmotor-driven cycles shall beequipped with at least one stoplight. Stop lights shall be mounted

on the rear of the vehicle, actuatedupon application of the servicebrake, and may be incorporatedwith other rear lights. Such stoplights when actuated shall emit ared light visible from a distance of500 feet to the rear, provided that inthe case of a train of vehicles onlythe stop lights on the rear-mostvehicle need be visible from the dis-tance specified.

Such stop lights when actuatedshall give a steady warning light tothe rear of a vehicle or train of vehi-cles to indicate the intention of theoperator to diminish the speed of orstop a vehicle or train of vehicles.

When stop lights are used asrequired by this section, they shallbe constructed or installed so as toprovide adequate and reliable illu-mination and shall conform to theappropriate rules and regulationsestablished under RC 4513.19.

Historical motor vehicles asdefined in Section 4503.181 of theRevised Code are not subject to thissection. (RC 4513.071)

Section 473.14 Motorized BicycleOperation, Equipment and License

(a) No person shall operate amotorized bicycle upon any street orhighway or any public or privateproperty used by the public for pur-poses of vehicular travel or parkingunless all of the following condi-tions are met:

(1) The person is fourteen or fif-teen years of age and holds a validprobationary motorized bicyclelicense issued after the person haspassed the test provided for in thissection, or the person is sixteenyears of age or older and holdseither a valid commercial driver’slicense issued under Chapter 4506 ora driver’s license issued under Chap-ter 4507 of the Revised Code or avalid motorized bicycle licenseissued after the person has passedthe test provided for in this section,except that if a person is sixteenyears of age, has a valid probation-ary motorized bicycle license anddesires a motorized bicycle license,the person is not required to complywith the testing requirements pro-vided for in this section;

(2) The motorized bicycle isequipped in accordance with rulesadopted by the Ohio Director of Pub-lic Safety and is in proper workingorder;

(3) The person, if he is undereighteen years of age, is wearing aprotective helmet on his head withthe chin strap properly fastened,and the motorized bicycle isequipped with a rear-view mirror;

(4) The person operates the motor-ized bicycle when practicable with-in three feet of the right edge of theroadway obeying all traffic rulesapplicable to vehicles; and

(5) The motorized bicycle dis-plays on the rear of such bicyclethe current license plate or valida-tion sticker furnished by the OhioDirector of Public Safety under Sec-tion 4503.191 of the Revised Code.Division (a)(5) of this section isnot effective until the end of thefirst month of the registration peri-od in 1985 to which the motorizedbicycle is assigned by the OhioRegistrar of Motor Vehicles as pro-vided in Section 4503.101 of theRevised Code.

(b) No person operating a motor-ized bicycle shall carry another per-son upon the motorized bicycle.(RC 4511.521)

Section 485.19 Child Operators;Supervising Person; Incapacity ofOperator

(a) Except as otherwise providedin this division, no person under six-teen years of age shall operate apersonal watercraft on the waters inthis state. A person who is not lessthan twelve, nor more than fifteenyears of age may operate a person-al watercraft if a supervising per-son eighteen years of age or olderis aboard the personal watercraftand, in the case of a supervisingperson born on or after January 1,1982, if the supervising person holdsa certificate obtained under Section1547.05 of the Revised Code or, inthe case of a rented powercraft,meets the requirements of Section1547.052 of the Revised Code.

(b) No person under twelve yearsof age shall operate any vessel onthe waters in this state unless theperson is under the direct visual andaudible supervision, during the oper-ation, of a person who is eighteenyears of age or older. This divisiondoes not apply to a personal water-craft, which shall be governed bydivision (a) of this section, or to apowercraft, other than a personalwatercraft, powered by more thanten horsepower, which shall be gov-erned by division (c) of this section.

(c) No person under twelve yearsof age shall operate on the watersin this state a powercraft, otherthan a personal watercraft, poweredby more than ten horsepower unlessthe person is under the direct visu-al and audible supervision, duringthe operation, of a person eighteenyears of age or older who is aboardthe powercraft and, in the case ofsuch a supervising person born onor after January 1, 1982, who holdsa certificate obtained under Section1547.05 of the Revised Code or, inthe case of a rented powercraft,meets the requirements of Section1547.052 of the Revised Code.

(d) No supervising person eigh-teen years of age or older shall per-mit any person who is under thesupervising person’s supervision andwho is operating a vessel on thewaters in this state to violate anysection of this chapter or a ruleadopted under it. (RC 1547.06)

(e) No owner of any watercraft orany person having such in chargeor in control shall authorize orknowingly permit the same to beoperated by any person who by rea-son of physical or mental disabilityis incapable of operating suchwatercraft under the prevailing cir-cumstances.

(f) No person shall operate anywatercraft when mentally or physi-cally incapacitated so as to preventoperation in a safe and competentmanner.









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Section 403.02, as amended byOrdinance No. 280-80, passed Decem-ber 15, 1980;






Section 435.11, as amended byOrdinance No 755-A-86, passed Octo-ber 27, 1986;





Section 485.19, as amended byOrdinance No. 1684-76, passed June29, 1976;are repealed.

Section 3. That the Codified Ordi-nances of Cleveland, Ohio, 1976 aresupplemented by enacting new Sec-tions 403.99, 433.01 and 433.011 there-of, to read, respectively, as follows:

Section 403.99 Traffic Code Misde-meanor Classifications and Penal-ties

(a) Misdemeanor Classifications(1) General classification. Who-

ever violates any provision of thisTraffic Code or any regulation law-fully adopted pursuant thereto, forwhich violation no penalty is other-wise provided, is guilty of a minormisdemeanor on a first offense; ona second offense within one yearafter the first offense, such personis guilty of a misdemeanor of thefourth degree; on each subsequentoffense within one year after thefirst offense such person is guilty ofa misdemeanor of the third degree.(RC 4511.99). When any person isfound guilty of a first offense forviolation of Section 433.03, upon afinding that he operated a motorvehicle in excess of the posted speedlimit by ten miles an hour or more,such person is guilty of a misde-meanor of the fourth degree. Whenany person is found guilty of a vio-lation of division (b)(9) of Section433.03, in addition to all other penal-ties provided by law, such personshall be fined two times the usualamount imposed for the violation.

(2) Street racing. Whoever vio-lates Section 433.07 is guilty of amisdemeanor of the first degree.

(3) Licensing drivers. Whoeverviolates any provision of Sections435.01 to 435.07, inclusive, is guilty ofa misdemeanor of the first degree.

(4) Accidents. Whoever violatesany provision of Sections 435.15 to435.17, inclusive, is guilty of a mis-demeanor of the first degree.

(5) Willfully fleeing a police offi-cer. Whoever violates division (b)of Section 403.02 is guilty of a mis-demeanor of the first degree.

(6) Stopping for school buses.Whoever violates division (a) ofSection 431.38 may be fined not morethan five hundred dollars ($500.00).

(7) Placing dangerous material onstreets. Whoever violates division(e) of Section 411.01 is guilty of amisdemeanor of the first degree.

(b) Penalties. Whoever is con-victed of or pleads guilty to a vio-lation of this Traffic Code shall beimprisoned for a definite term orfined, or both, which term of impris-onment and fine shall be fixed bythe court as provided in this section.

Maximum Maxi-Misdemeanor Imprisonment mumClassification Term Fine

1st degree 6 months $1,000.002nd degree 90 days 750.003rd degree 60 days 500.004th degree 30 days 250.00Minor None 100.00(RC 2929.21)

(c) License Suspension.(1) The trial judge of the Cleve-

land Municipal Court, in addition toor independent of all other penaltiesprovided by law or ordinance, shallsuspend for not less than thirty daysnor more than three years or revokethe driver’s or commercial driver’slicense or permit or nonresidentoperating privileges of any personwho is convicted of or pleads guiltyto any of the following:

A. Division (a) of Section 431.38;B. Sections 435.01 to 435.07, inclu-

sive;The trial judge, in addition to sus-

pensions or revocations of licenses,permits, or privileges pursuant tothis division and in addition to orindependent of all other penaltiesprovided by law or by ordinance,shall impose a suspended jail sen-tence of not to exceed six months,if that imprisonment was notimposed for the offense for whichthe person was convicted.

(2) The trial judge of the Cleve-land Municipal Court, in addition toor independent of all other penaltiesprovided by law or ordinance, shallsuspend or revoke the driver’s orcommercial driver’s license or per-mit or nonresident operating privi-leges of any person who is convict-ed of or pleads guilty to a violationof division (b) of Section 433.01. Thelength of the suspension or revoca-tion imposed by the trial judge upona person who is convicted or pleadsguilty to a violation of division (b)of Section 433.01 shall be the sameas that imposed pursuant to division(B) of Section 4507.16 of the RevisedCode upon a person who is convict-ed of or pleads guilty to a violationof Section 4511.19 of the RevisedCode, or a municipal ordinance relat-ing to operating a vehicle whileunder the influence of alcohol, adrug of abuse, or alcohol and a drugof abuse, or a municipal ordinancerelating to operating a vehicle witha prohibited concentration of alcoholin the blood, breath, or urine.

(3) The trial judge of the Cleve-land Municipal Court may, in addi-tion to or independent of all otherpenalties provided by law, suspendthe license of any person for notmore than fifteen days who is con-victed of or pleads guilty to a vio-lation of operating a motor vehiclefaster than five miles per hour inexcess of the prima-facie speed lim-its specified in Section 433.03 relat-ing to passing a school building orgrounds or operating a motor vehi-cle in a residential district. For anysubsequent conviction of any suchprovision, the trial judge shall, inaddition to or independent of all

other penalties provided by law, sus-pend the license of any person fornot more than thirty days who isconvicted of or pleads guilty to anyoffense specified in this division.The first five days may not be sus-pended by the Court.

Section 433.01 Driving While Underthe Influence of Alcohol or Drugs;Tests; Presumptions; Penalties

(a) No person shall operate anyvehicle, streetcar, or trackless trol-ley within this City, if, at the timeof the operation, any of the follow-ing apply:

(1) The person is under the influ-ence of alcohol, a drug of abuse, ora combination of them;

(2) The person has a concentra-tion of ten-hundredths of one percent or more but less than seven-teen-hundredths of one per cent byweight per unit volume of alcohol inthe person’s whole blood;

(3) The person has a concentra-tion of twelve-hundredths of one per-cent or more but less than two hun-dred four-thousandths of one percent by weight per unit volume ofalcohol in the person’s blood serumor plasma;

(4) The person has a concentra-tion of ten-hundredths of one gramor more but less than seventeen-hun-dredths of one gram by weight ofalcohol per two hundred ten litersof the person’s breath;

(5) The person has a concentra-tion of fourteen-hundredths of onegram or more but less than two hun-dred thirty-eight-thousandths of onegram by weight of alcohol per onehundred milliliters of the person’surine;

(6) The person has a concentra-tion of seventeen-hundredths of oneper cent or more by weight per unitvolume of alcohol in the person’swhole blood;

(7) The person has a concentra-tion of two hundred four-thou-sandths of one per cent or more byweight per unit volume of alcohol inthe person’s blood serum or plasma;

(8) The person has a concentra-tion of seventeen-hundredths of onegram or more by weight of alcoholper two hundred ten liters of theperson’s breath;

(9) The person has a concentra-tion of two hundred thirty-eight-thousandths of one gram or more byweight of alcohol per one hundredmilliliters of the person’s urine.

(b) No person under twenty-oneyears of age shall operate any vehi-cle, streetcar, or trackless trolleywithin this City, if, at the time ofthe operation, any of the followingapply:

(1) The person has a concentra-tion of at least two-hundredths ofone per cent but less than ten-hun-dredths of one per cent by weightper unit volume of alcohol in theperson’s whole blood;

(2) The person has a concentra-tion of at least three-hundredths ofone per cent but less than twelve-hundredths of one per cent byweight per unit volume of alcohol inthe person’s blood serum or plasma;

(3) The person has a concentra-tion of at least two-hundredths ofone gram but less than ten-hun-dredths of one gram by weight ofalcohol per two hundred ten litersof the person’s breath;

(4) The person has a concentra-tion of at least twenty-eight one-thousandths of one gram but lessthan fourteen-hundredths of onegram by weight of alcohol per one


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hundred milliliters of the person’surine.

(c) In any proceeding arising outof one incident, a person may becharged with a violation of division(a)(1) and a violation of division(b)(1), (2), or (3) of this section,but the person may not be convict-ed of more than one violation ofthese divisions.

(d)(1) In any criminal prosecutionor juvenile court proceeding for aviolation of division (a) or (b) ofthis section or for an equivalentoffense, the court may admit evi-dence on the concentration of alco-hol, drugs of abuse, or a combina-tion of them in the defendant’swhole blood, blood serum or plasma,breath, urine, or other bodily sub-stance at the time of the alleged vio-lation as shown by chemical analy-sis of the substance withdrawnwithin two hours of the time of thealleged violation. When a personsubmits to a blood test at therequest of a law enforcement officerunder Section 511.191 of the RevisedCode, only a physician, a registerednurse, or a qualified technician,chemist, or phlebotomist shall with-draw blood for the purpose of deter-mining the alcohol, drug, or alcoholand drug content of the whole blood,blood serum, or blood plasma. Thislimitation does not apply to the tak-ing of breath or urine specimens. Aperson authorized to withdraw bloodunder this division may refuse towithdraw blood under this division,if in that person’s opinion, the phys-ical welfare of the person would beendangered by the withdrawing ofblood. The bodily substance with-drawn shall be analyzed in accor-dance with methods approved by theOhio Director of Health by an indi-vidual possessing a valid permitissued by the Director pursuant toSection 3701.143 of the Revised Code.

(d)(2) In a criminal prosecutionor juvenile court proceeding for aviolation of division (a) of this sec-tion or for an equivalent offense, ifthere was at the time the bodily sub-stance was withdrawn a concentra-tion of less than the applicable con-centration of alcohol specified indivisions (a)(2), (3), (4), and (5) ofthis section, that fact may be con-sidered with other competent evi-dence in determining the guilt orinnocence of the defendant. Thisdivision does not limit or affect acriminal prosecution or juvenilecourt proceeding for a violation ofdivision (b) of this section or for anequivalent offense that is substan-tially equivalent to that division.

(d)(3) Upon the request of theperson who was tested, the resultsof the chemical test shall be madeavailable to the person or the per-son’s attorney, immediately upon thecompletion of the chemical testanalysis. The person tested mayhave a physician, a registered nurse,or a qualified technician, chemist, orphlebotomist of the person’s ownchoosing administer a chemical testor tests, at the person’s expense, inaddition to any administered at therequest of a law enforcement offi-cer. The form to be read to the per-son to be tested, as required underSection 4511.192 of the Revised Code,shall state that the person may havean independent test performed atthe person’s expense. The failure orinability to obtain an additionalchemical test by a person shall notpreclude the admission of evidencerelating to the chemical test or teststaken at the request of a lawenforcement officer.

(4) A. As used in divisions (d)(4)B.and C. of this section, “national high-way traffic safety administration”means the national highway trafficsafety administration established asan administration of the UnitedStates department of transportationunder 96 Stat. 2415 (1983), 49U.S.C.A. 105.

B. In any criminal prosecution orjuvenile court proceeding for a vio-lation of division (a) or (b) of thissection, of a municipal ordinancerelating to operating a vehicle whileunder the influence of alcohol, adrug of abuse, or alcohol and a drugof abuse, or of a municipal ordi-nance relating to operating a vehi-cle with a prohibited concentrationof alcohol in the blood, breath, orurine, if a law enforcement officerhas administered a field sobrietytest to the operator of the vehicleinvolved in the violation and if it isshown by clear and convincing evi-dence that the officer administeredthe test in substantial compliancewith the testing standards for anyreliable, credible, and generallyaccepted field sobriety tests thatwere in effect at the time the testswere administered, including, butnot limited to, any testing standardsthen in effect that were set by thenational highway traffic safetyadministration, all of the followingapply:

1. The officer may testify con-cerning the results of the field sobri-ety test so administered.

2. The prosecution may introducethe results of the field sobriety testso administered as evidence in anyproceedings in the criminal prose-cution or juvenile court proceeding.

3. If testimony is presented or evi-dence is introduced under division(d)(4)B.1. or 2. of this section andif the testimony or evidence isadmissible under the Rules of Evi-dence, the court shall admit the tes-timony or evidence and the trier offact shall give it whatever weightthe trier of fact considers to beappropriate.

C. Division (d)(4)B. of this sectiondoes not limit or preclude a court,in its determination of whether thearrest of a person was supported byprobable cause or its determinationof any other matter in a criminalprosecution or juvenile court pro-ceeding of a type described in thatdivision, from considering evidenceor testimony that is not otherwisedisallowed by division (d)(4)B. ofthis section.

(e)(1) Subject to division (e)(3)of this section, in any criminal pros-ecution or juvenile court proceedingfor a violation of division (a)(2),(3), (4), (5), (6), (7), (8), or (9) or(b)(1), (2), (3), or (4) of this sec-tion or for an equivalent offensethat is substantially equivalent toany of those divisions, a laboratoryreport from any forensic laboratorycertified by the Ohio Department ofHealth that contains an analysis ofthe whole blood, blood serum orplasma, breath, urine, or other bod-ily substance tested and that con-tains all of the information specifiedin this division shall be admitted asprima-facie evidence of the informa-tion and statements that the reportcontains. The laboratory reportshall contain all of the following:

A. The signature, under oath, ofany person who performed theanalysis;

B. Any findings as to the identityand quantity of alcohol, a drug ofabuse, or a combination of them thatwas found;

C. A copy of a notarized statementby the laboratory director or adesignee of the director that con-tains the name of each certified ana-lyst or test performer involved withthe report, the analyst’s or test per-former’s employment relationshipwith the laboratory that issued thereport, and a notation that perform-ing an analysis of the type involvedis part of the analyst’s or test per-former’s regular duties;

D. An outline of the analyst’s ortest performer’s education, training,and experience in performing thetype of analysis involved and a cer-tification that the laboratory satis-fies appropriate quality control stan-dards in general and, in this partic-ular analysis, under rules of theOhio Department of Health.

(e)(2) Notwithstanding any otherprovision of law regarding theadmission of evidence, a report ofthe type described in division (e)(1)of this section is not admissibleagainst the defendant to whom itpertains in any proceeding, otherthan a preliminary hearing or agrand jury proceeding, unless theprosecutor has served a copy of thereport on the defendant’s attorneyor, if the defendant has no attorney,on the defendant.

(e)(3) A report of the typedescribed in division (e)(1) of thissection shall not be prima-facie evi-dence of the contents, identity, oramount of any substance if, withinseven days after the defendant towhom the report pertains or thedefendant’s attorney receives a copyof the report, the defendant or thedefendant’s attorney demands thetestimony of the person who signedthe report. The judge in the casemay extend the seven-day time limitin the interest of justice.

(f) Except as otherwise providedin this division, any physician, reg-istered nurse, or qualified techni-cian, chemist, or phlebotomist whowithdraws blood from a person pur-suant to this section, and any hos-pital, first-aid station, or clinic atwhich blood is withdrawn from aperson pursuant to this section, isimmune from criminal liability andcivil liability as provided in Section4511.19(F) of the Revised Code.

(g)(1) Whoever violates any pro-vision of divisions (a)(1) to (9) ofthis section is guilty of operating avehicle under the influence of alco-hol, a drug of abuse, or a combina-tion of them. The court shall sen-tence the offender under this sectionunless the offense constitutes afelony under the laws of the Stateof Ohio, in which case this sectionshall not apply, and except as oth-erwise authorized or required bydivisions (g)(1)A. to E. of this sec-tion:

A. Except as otherwise providedin division (g)(1)B., C., D., or E. ofthis section, the offender is guiltyof a misdemeanor of the firstdegree, and the court shall sentencethe offender to all of the following:

1. If the sentence is being imposedfor a violation of division (a)(1),(2), (3), (4), or (5) of this section,a mandatory jail term of three con-secutive days. As used in this divi-sion, three consecutive days meansseventy-two consecutive hours. Thecourt may sentence an offender toboth an intervention program and ajail term. The court may impose ajail term in addition to the three-daymandatory jail term or interventionprogram. However, in no case shallthe cumulative jail term imposed for


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the offense exceed six months. Thecourt may suspend the execution ofthe three-day jail term under thisdivision if the court, in lieu of thatsuspended term, places the offenderunder a community control sanctionpursuant to Section 2929.25 of theRevised Code and requires theoffender to attend, for three consec-utive days, a drivers’ interventionprogram certified under section3793.10 of the Revised Code. Thecourt also may suspend the execu-tion of any part of the three-day jailterm under this division if it placesthe offender under a community con-trol sanction pursuant to section2929.25 of the Revised Code for partof the three days, requires theoffender to attend for the suspend-ed part of the term a drivers’ inter-vention program so certified, andsentences the offender to a jail termequal to the remainder of the threeconsecutive days that the offenderdoes not spend attending the pro-gram. The Court may require theoffender, as a condition of commu-nity control and in addition to therequired attendance at a drivers’intervention program, to attend andsatisfactorily complete any treat-ment or education programs thatcomply with the minimum standardsadopted pursuant to Chapter 3793 ofthe Revised Code by the Director ofAlcohol and Drug Addiction Servicesthat the operators of the drivers’intervention program determine thatthe offender should attend and toreport periodically to the court onthe offender’s progress in the pro-grams. The court also may imposeon the offender any other conditionsof community control that it consid-ers necessary.

2. If the sentence is being imposedfor a violation of division (a)(6),(7), (8), or (9) of this section,except as otherwise provided in thisdivision, a mandatory jail term of atleast three consecutive days and arequirement that the offenderattend, for three consecutive days, adrivers’ intervention program that iscertified pursuant to Section 3793.10of the Revised Code. As used in thisdivision, three consecutive daysmeans seventy-two consecutivehours. If the court determines thatthe offender is not conducive totreatment in a drivers’ interventionprogram, if the offender refuses toattend a drivers’ intervention pro-gram, or if the jail at which theoffender is to serve the jail termimposed can provide a driver’s inter-vention program, the court shall sen-tence the offender to a mandatoryjail term of at least six consecutivedays. The court may require theoffender, under a community controlsanction imposed under Section2929.25 of the Revised Code, toattend and satisfactorily completeany treatment or education pro-grams that comply with the mini-mum standards adopted pursuant toChapter 3793. of the Revised Codeby the Director of Alcohol and DrugAddiction Services, in addition tothe required attendance at drivers’intervention program, that the oper-ators of the drivers’ interventionprogram determine that the offend-er should attend and to report peri-odically to the court on the offend-er’s progress in the programs. Thecourt also may impose any otherconditions of community control onthe offender that it considers neces-sary.

3. In all cases, a fine of not lessthan two hundred fifty and not morethan one thousand dollars;

4. In all cases, a class five licensesuspension of the offender’s driver’sor commercial driver’s license orpermit or nonresident operatingprivilege from the range specified indivision (a)(5) of Section 4510.02 ofthe Revised Code. The court maygrant limited driving privileges rel-ative to the suspension under Sec-tions 4510.021 and 4510.13 of theRevised Code.

B. Except as otherwise providedin division (g)(1)E. of this section,an offender who, within six years ofthe offense, previously has been con-victed of or pleaded guilty to oneviolation of division (a) or (b) ofthis section or one other equivalentoffense is guilty of a misdemeanorof the first degree. The court shallsentence the offender to all of thefollowing:

1. If the sentence is being imposedfor a violation of division (a)(1),(2), (3), (4), or (5) of this section,a mandatory jail term of ten con-secutive days. The court shallimpose the ten-day mandatory jailterm under this division unless, sub-ject to division (g)(3) of this sec-tion, it instead imposes a sentenceunder that division consisting ofboth a jail term and a term of housearrest with electronic monitoring.The court may impose a jail term inaddition to the ten-day mandatoryjail term. The cumulative jail termimposed for the offense shall notexceed six months. In addition tothe jail term or the term of housearrest with electronic monitoringand jail term, the court may requirethe offender to attend a drivers’intervention program that is certi-fied pursuant to Section 3793.10 ofthe Revised Code. If the operatorof the program determines that theoffender is alcohol dependent, theprogram shall notify the court, and,subject to division (i) of this sec-tion, the court shall order theoffender to obtain treatmentthrough an alcohol and drug addic-tion program authorized by Section3793.02 of the Revised Code.

2. If the sentence is being imposedfor a violation of division (a)(6),(7), (8), or (9) of this section,except as otherwise provided in thisdivision, a mandatory jail term oftwenty consecutive days. The courtshall impose the twenty-day manda-tory jail term under this divisionunless, subject to division (g)(3) ofthis section, it instead imposes asentence under that division con-sisting of both a jail term and aterm of house arrest with electronicmonitoring. The court may imposea jail term in addition to the twen-ty-day mandatory jail term. Thecumulative jail term imposed for theoffense shall not exceed six months.In addition to the jail term or theterm of house arrest with electronicmonitoring and jail term, the courtmay require the offender to attenda driver’s intervention program thatis certified pursuant to Section3793.10 of the Revised Code. If theoperator of the program determinesthat the offender is alcohol depen-dent, the program shall notify thecourt, and, subject to division (i) ofthis section, the court shall orderthe offender to obtain treatmentthrough an alcohol and drug addic-tion program authorized by Section3793.02 of the Revised Code.

3. In all cases, notwithstandingthe fines set forth in other sectionsof these Codified Ordinances, a fineof not less than three hundred fiftyand not more than one thousand fivehundred dollars;

4. In all cases, a class four licensesuspension of the offender’s driver’slicense, commercial driver’s license,temporary instruction permit, proba-tionary license, or nonresident oper-ating privilege from the range spec-ified in division (a)(4) of Section4510.02 of the Revised Code. Thecourt may grant limited drivingprivileges relative to the suspensionunder Sections 4510.021 and 4510.13of the Revised Code.

5. In all cases, if the vehicle isregistered in the offender’s name,immobilization of the vehicleinvolved in the offense for ninetydays in accordance with Section4503.233 of the Revised Code andimpoundment of the license platesof that vehicle for ninety days.

C. Except as otherwise providedin division (g)(1)E. of this section,an offender who, within six years ofthe offense, previously has been con-victed of or pleaded guilty to twoviolations of division (a) or (b) ofthis section or other equivalentoffenses is guilty of a misdemeanor.The court shall sentence the offend-er to all of the following:

1. If the sentence is being imposedfor a violation of division (a)(1),(2), (3), (4), or (5) of this section,a mandatory jail term of thirty con-secutive days. The court shallimpose the thirty-day mandatory jailterm under this division unless, sub-ject to division (g)(3) of this sec-tion, it instead imposes a sentenceunder that division consisting ofboth a jail term and a term of housearrest with electronic monitoring.The court may impose a jail term inaddition to the thirty-day mandato-ry jail term. Notwithstanding thejail terms set forth in Sections2929.21 to 2929.28 of the RevisedCode, the additional jail term shallnot exceed one year, and the cumu-lative jail term imposed for theoffense shall not exceed one year.

2. If the sentence is being imposedfor a violation of division (a)(6),(7), (8), or (9) of this section, amandatory jail term of sixty con-secutive days. The court shallimpose the sixty-day mandatory jailterm under this division unless, sub-ject to division (g)(3) of this sec-tion, it instead imposes a sentenceunder that division consisting ofboth a jail term and a term of housearrest with electronic monitoring.The court may impose a jail term inaddition to the sixty-day mandatoryjail term. Notwithstanding the jailterms set forth in Sections 2929.21 to2929.28 of the Revised Code, theadditional jail term shall not exceedone year, and the cumulative jailterm imposed for the offense shallnot exceed one year.

3. In all cases, notwithstandingthe fines set forth in other sectionsof these Codified Ordinances, a fineof not less than five hundred fiftyand not more than two thousandfive hundred dollars;

4. In all cases, a class threelicense suspension of the offender’sdriver’s license, commercial driver’slicense, temporary instruction per-mit, probationary license, or nonres-ident operating privilege from therange specified in division (a)(3) ofSection 4510.02 of the Revised Code.The court may grant limited drivingprivileges relative to the suspensionunder Sections 4510.021 and 4510.13of the Revised Code.

5. In all cases, if the vehicle isregistered in the offender’s name,criminal forfeiture of the vehicleinvolved in the offense in accor-


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dance with Section 4503.234 of theRevised Code. Division (g)(6) ofthis section applies regarding anyvehicle that is subject to an orderof criminal forfeiture under thisdivision.

6. In all cases, participation in analcohol and drug addiction programauthorized by Section 3793.02 of theRevised Code, subject to division (i)of this section.

D. This section shall not applywhen the circumstances described inSection 4511.19(G)(1)(d) of theRevised Code apply. This sectionshall not apply in any case in whichthe conduct constitutes a felonyunder the laws of the State of Ohio.

E. This section shall not applywhen the circumstances described inSection 4511.19(G)(1)(e) of theRevised Code apply. This sectionshall not apply in any case in whichthe conduct constitutes a felonyunder the laws of the State of Ohio.

(g)(2) An offender who is con-victed of or pleads guilty to a vio-lation of division (a) of this sectionand who subsequently seeks rein-statement of the driver’s or occupa-tional driver’s license or permit ornonresident operating privilege sus-pended under this section as a resultof the conviction or guilty plea shallpay a reinstatement fee as providedin division (F)(2) of Section 4511.191of the Revised Code.

(g)(3) If an offender is sentencedto a jail term under division(g)(1)B.1. or 2. or (g)(1)C.1. or 2. ofthis section and if, within sixty daysof sentencing of the offender, thecourt issues a written finding on therecord that, due to the unavailabili-ty of space at the jail where theoffender is required to serve theterm, the offender will not be ableto begin serving that term withinthe sixty-day period following thedate of sentencing, the court mayimpose an alternative sentenceunder this division that includes aterm of house arrest with electronicmonitoring. As an alternative to amandatory jail term of ten consecu-tive days required by division(g)(1)B.1. of this section, the court,under this division, may sentencethe offender to five consecutivedays in jail and not less than eigh-teen consecutive days of housearrest with electronic monitoring.The cumulative total of the five con-secutive days in jail and the periodof house arrest with electronic mon-itoring shall not exceed six months.The five consecutive days in jail donot have to be served prior to orconsecutively to the period of housearrest. As an alternative to themandatory jail term of twenty con-secutive days required by division(g)(1)B.2. of this section, the court,under this division, may sentencethe offender to ten consecutive daysin jail and not less than thirty-sixconsecutive days of house arrestwith electronic monitoring. Thecumulative total of the ten consecu-tive days in jail and the period ofhouse arrest with electronic moni-toring shall not exceed six months.The ten consecutive days in jail donot have to be served prior to orconsecutively to the period of housearrest. As an alternative to amandatory jail term of thirty con-secutive days required by division(g)(1)C.1. of this section, the court,under this division, may sentencethe offender to fifteen consecutivedays in jail and not less than fifty-five consecutive days of housearrest with electronic monitoring.

The cumulative total of the fifteenconsecutive days in jail and theperiod of house arrest with elec-tronic monitoring shall not exceedone year. The fifteen consecutivedays in jail do not have to be servedprior to or consecutively to the peri-od of house arrest. As an alterna-tive to the mandatory jail term ofsixty consecutive days required bydivision (g)(1)C.1. of this section,the court, under this division, maysentence the offender to thirty con-secutive days in jail and not lessthan one hundred ten consecutivedays of house arrest with electronicmonitoring. The cumulative total ofthe thirty consecutive days in jailand the period of house arrest withelectronic monitoring shall notexceed one year. The thirty con-secutive days in jail do not have tobe served prior to or consecutivelyto the period of house arrest.

(g)(4) If an offender’s driver’s oroccupational driver’s license or per-mit or nonresident operating privi-lege is suspended under division (g)of this section and if Section 4510.13of the Revised Code permits thecourt to grant limited driving privi-leges, the court may grant the lim-ited driving privileges only if thecourt imposes as one of the condi-tions of the privileges that theoffender must display on the vehi-cle that is driven subject to the priv-ileges restricted license plates thatare issued under Section 4503.231 ofthe Revised Code, except as provid-ed in division (B) of that section.

(g)(5) Fines imposed under thissection for a violation of division(a) of this section shall be distrib-uted as provided in Section 4511.19of the Revised Code or as otherwiseprovided by law.

(g)(6) If title to a motor vehiclethat is subject to an order of crim-inal forfeiture under division (g)(1)C.,D., or E. of this section isassigned or transferred and division(B)(2) or (3) of Section 4503.234 ofthe Revised Code applies, in addi-tion to or independent of any otherpenalty established by law, thecourt may fine the offender thevalue of the vehicle as determinedby publications of the national autodealers association. The proceeds ofany fine so imposed shall be dis-tributed in accordance with division(C)(2) of that section.

(g)(7) As used in division (g) ofthis section, “electronic monitoring,”“mandatory prison term,” and“mandatory term of local incarcera-tion” have the same meanings as inSection 2929.01 of the Revised Code.

(h) Whoever violates division (b)of this section is guilty of operatinga vehicle after underage alcoholconsumption and shall be punishedas follows:

(1) Except as otherwise providedin division (H)(2) of this section,the offender is guilty of a misde-meanor of the fourth degree. Inaddition to any other sanctionimposed for the offense, the courtshall impose a class six suspensionof the offender’s driver’s license,commercial driver’s license, tempo-rary instruction permit, probation-ary license, or nonresident operatingprivilege from the range specified indivision (A)(6) of Section 4510.02 ofthe Revised Code.

(2) If, within one year of theoffense, the offender previously hasbeen convicted of or pleaded guiltyto one or more violations of division(a) or (b) of this section or otherequivalent offense offenses, the

offender is guilty of a misdemeanorof the third degree. In addition toany other sanction imposed for theoffense, the court shall impose aclass four suspension of the offend-er’s driver’s license, commercial dri-ver’s license, temporary instructionpermit, probationary license, or non-resident operating privilege fromthe range specified in division(A)(4) of Section 4510.02 of theRevised Code.

(i)(1) No court shall sentence anoffender to an alcohol treatment pro-gram under this section unless thetreatment program complies withthe minimum standards for alcoholtreatment programs adopted underChapter 3793. of the Revised Codeby the Director of Alcohol and DrugAddiction Services.

(i)(2) An offender who stays in adrivers’ intervention program or inan alcohol treatment program underan order issued under this sectionshall pay the cost of the stay in theprogram. However, if the courtdetermines that an offender whostays in an alcohol treatment pro-gram under an order issued underthis section is unable to pay the costof the stay in the program, the courtmay order that the cost be paid fromthe court’s indigent drivers’ alcoholtreatment fund.

(j) If a person whose driver’s orcommercial driver’s license or per-mit or nonresident operating privi-lege is suspended under this sectionfiles an appeal regarding any aspectof the person’s trial or sentence, theappeal itself does not stay the oper-ation of the suspension.

(k) All terms defined in Sections4510.01 of the Revised Code apply tothis section. If the meaning of aterm defined in Section 4510.01 ofthe Revised Code conflicts with themeaning of the same term asdefined in Section 4501.01 or 4511.01of the Revised Code, the term asdefined in Section 4510.01 of theRevised Code applies to this section.

Section 433.011 Physical Control ofVehicle While Under the Influence;Testimony and Evidence RegardingField Sobriety Test

(a) As used in this section:(1) “National highway traffic safe-

ty administration” has the samemeaning as in Section 4511.19 of theRevised Code.

(2) “Physical control” meansbeing in the driver’s position of thefront seat of a vehicle or in the dri-ver’s position of a streetcar or track-less trolley and having possession ofthe vehicle’s, streetcar’s, or track-less trolley’s ignition key or otherignition device.

(b) No person shall be in physicalcontrol of a vehicle, streetcar, ortrackless trolley while under theinfluence of alcohol, a drug ofabuse, or a combination of them orwhile the person’s whole blood,blood serum or plasma, breath, orurine contains at least the concen-tration of alcohol specified in divi-sion (a)(2), (3), (4), or (5) of Sec-tion 433.01 of this Traffic Code.

(c)(1) In any criminal prosecutionor juvenile court proceeding for aviolation of this section or a sub-stantially equivalent municipal ordi-nance, if a law enforcement officerhas administered a field sobrietytest to the person in physical con-trol of the vehicle involved in theviolation and if it is shown by clearand convincing evidence that theofficer administered the test in sub-stantial compliance with the testing


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standards for any reliable, credible,and generally accepted field sobri-ety tests that were in effect at thetime the tests were administered,including, but not limited to, anytesting standards then in effect thatwere set by the national highwaytraffic safety administration, all ofthe following apply:

A. The officer may testify con-cerning the results of the field sobri-ety test so administered.

B. The prosecution may introducethe results of the field sobriety testso administered as evidence in anyproceedings in the criminal prose-cution or juvenile court proceeding.

C. If testimony is presented orevidence is introduced under divi-sion (c)(1)A. or B. of this sectionand if the testimony or evidence isadmissible under the Rules of Evi-dence, the court shall admit the tes-timony or evidence, and the trier offact shall give it whatever weightthe trier of fact considers to beappropriate.

(c)(2) Division (c)(1) of thissection does not limit or preclude acourt, in its determination ofwhether the arrest of a person wassupported by probable cause or itsdetermination of any other matter ina criminal prosecution or juvenilecourt proceeding of a type describedin that division, from consideringevidence or testimony that is nototherwise disallowed by division(c)(1) of this section.

(d) Whoever violates this sectionis guilty of having physical controlof a vehicle while under the influ-ence, a misdemeanor of the firstdegree. In addition to other sanc-tions imposed, the court may imposeon the offender a class seven sus-pension of the offender’s driver’slicense, commercial driver’s license,temporary instruction permit, proba-tionary license, or nonresident oper-ating privilege from the range spec-ified in division (A)(7) of Section4510.02 of the Revised Code. (RC4511.194)

Section 4. That new Sections403.99, 433.01, and 433.011 of the Cod-ified Ordinances of Cleveland, Ohio,1976, as enacted by this ordinance,shall take effect on January 1, 2004.

Section 5. That existing Sections403.99 and 433.01, both as amendedby Ordinance No. 1592-2000, passedDecember 18, 2000, shall expire andbe of no further force and effect onJanuary 1, 2004.




ing the sale of real property as partof the Land Reutilization Programand located on Woodland Avenue toCuyahoga Metropolitan HousingAuthority.

Whereas, the City of Clevelandhas elected to adopt and implementthe procedures under Chapter 5722of the Ohio Revised Code to facili-tate reutilization of nonproductive

lands situated within the City ofCleveland; and




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 124-05-003,124-05-004 and 124-05-005, as morefully described below, to CuyahogaMetropolitan Housing Authority.



County of Cuyahoga and State ofOhio, and known as being Sublot No.37 in Fred Haltnorth’s Re-Subdivi-sion of part of Original One Hun-dred Acre Lots Nos. 331 and 332, asshown by the recorded plat in Vol-ume 5 of Maps, Page 51 of CuyahogaCounty Records and being a parcelof land 30 feet front on the Norther-ly side of Woodland Avenue andextending back of equal width 135feet, excepting therefrom theSoutherly 10 feet, 1-3/4 inches ofsaid part of Sublot No. 37 appropri-ated for the widening of WoodlandAvenue, Volume 10, Page 3 of Cuya-hoga County Records, as appears bysaid plat, be the same more or less,but subject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.36 in the Fred Haltnorth’s Subdivi-sion of part of Original One Hun-dred Acre Lots Nos. 331 and 332, asshown by the recorded plat in Vol-ume 5 of Maps, Page 51 of CuyahogaCounty Records. Said Sublot No. 36has a frontage of 30 feet on theNortherly side of Woodland Avenue,S.E., and extends back between par-allel lines 135 feet, as appears bysaid plat, excepting therefrom, how-ever, about the Southerly 10 feet 1-3/4 inches appropriated for thewidening of Woodland Avenue, S.E.,be the same more or less, but sub-ject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being part ofSublot No. 35 in Fredrick Haltnorth’sRe-Subdivision of the part of Origi-nal One Hundred Acre Lot No. 331as shown by the recorded plat saidRe-Subdivision in Volume 5 of Maps,Page 51 of Cuyahoga CountyRecords. Said part of Sublot No. 35has a frontage of 30 feet on theNortherly side of Woodland Avenue,S.E., as now widened, and extendedback between parallel lines about125 feet to a 12 foot alley, asappears by said plat, be the samemore or less, but subject to all legalhighways.







Ord. No. 888-03.By Council Member Jackson (by

departmental request).An emergency ordinance authoriz-

ing the purchase by one or morerequirement contracts of unarmed,uniformed security guard services,for the various divisions of City gov-ernment.



Section 1. That the Director ofFinance is authorized to make oneor more written requirement con-tracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe term of one year or two yearsfor the necessary items of unarmed,uniformed security guard services inthe approximate amount as pur-chased during the preceding term,purchased by the Commissioner ofPurchases and Supplies upon a unitbasis for the various divisions ofCity government. Bids shall betaken in a manner that permits anaward to be made for all items asa single contract, or by separatecontract for each or any combina-tion of the items as the Board ofControl determines. Alternate bidsfor a period less than the specifiedterm may be taken if desired by theCommissioner of Purchases and Sup-plies until provision is made for the


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requirements for the entire term.The Director Finance is authorizedto enter into one or more contractswith a term of two years instead ofone year when there is a financialadvantage to the City. For purpos-es of this ordinance, a financialadvantage shall be determined bythe Director of Finance by compar-ing the bids received for both terms.




Ord. No. 894-03.By Council Members Gordon,

O’Malley, Sweeney and Jackson (bydepartmental request).

An emergency ordinance to amendSection 12 of Ordinance No. 2368-92,passed December 14, 1992, as amend-ed by various ordinances, relating tothe rehabilitation of MemphisAvenue from Ridge Road to PearlRoad.



Section 1. That Section 12 of Ordi-nance No. 2368-92, passed December14, 1992, as amended by OrdinanceNo. 1454-97, passed November 24,1997, Ordinance No. 1402-2000, passedNovember 13, 2002, and OrdinanceNo. 906-02, passed June 3, 2002, isamended to read as follows:

Section 12. That the costs of theImprovement, services and propertyacquisition herein contemplatedshall be paid from Fund Nos. 52 SF001, 20 SF 190, 20 SF 181, 20 SF 146,20 SF 170, 20 SF 302, 20 SF 312, 20SF 322, 20 SF 344, 20 SF 353, 20 SF383, and 10 SF 166, Request Nos.14325, 22511, and 131031.

Section 2. That existing Section 12of Ordinance No. 2368-92, passedDecember 14, 1992, as amended byOrdinance No. 1454-97, passedNovember 24, 1997, Ordinance No.1402-2000, passed November 13, 2002,and Ordinance No. 906-02, passedJune 3, 2002, is repealed.



Ord. No. 895-03.By Council Members Polensek,

Sweeney, Cimperman and Jackson(by departmental request).

An emergency ordinance to levyspecial assessments to relay andrepair sidewalks, aprons, drivewayand curbs encroaching upon the pub-lic right-of-way on Dillewood Roadfrom East 176th Street to East End;Nottingham Road from LakeshoreBoulevard to Villaview Road;Creekview Drive from NottinghamRoad to East End; East 176th Streetfrom Villaview Road to NottinghamRoad; and East 177th Street fromNottingham Road to Villaview Road.



Section 1. That the assessment ofthe cost and expense of relayingand repairing sidewalks, aprons, dri-veway and curbs encroaching uponthe public right-of-way on DillewoodRoad from East 176th Street to EastEnd; Nottingham Road fromLakeshore Boulevard to VillaviewRoad; Creekview Drive from Not-tingham Road to East End; East176th Street from Villaview Road toNottingham Road; and East 177thStreet from Nottingham Road toVillaview Road (the “Improvement”)in the City of Cleveland, as set forthin Resolution No. 141-02, adopted onApril 1, 2002, and amounting in theaggregate to $201,200.22, as reportedto this Council by the Commission-er of Assessments and Licenses inFile No. 895-03-A, is adopted and con-formed, and that there are leviedand assessed on the lots and landswithin the Improvement fifty per-cent (50%) of each of the severalamounts reported as aforesaid,which assessments and the descrip-tion of the lots and lands are nowon file in the office of the Clerk ofCouncil and which assessments arein proportion to the special benefitsand are not in excess of any statu-tory limitation.

Section 2. That this Council findsand determines that the revisedassessments now on file in the officeof the Clerk are in the same propor-tion to the estimated assessments asoriginally filed as the actual cost ofthe above-described improvement isto the estimated cost of the improve-ment as originally filed.

Section 3. That the assessmentagainst each lot or parcel of landshall be payable in cash withinforty (40) days after the passage ofthis ordinance or at the option ofthe owner in five (5) annualinstallments. All cash paymentsshall be made to the Commissionerof Licenses and Assessments of thisCity. All assessments and install-ments remaining unpaid at the expi-ration of said forty (40) days shallbe certified by the Clerk of thisCouncil to the County Auditor asprovided by law to be placed by himon the tax duplicate and collectedas other taxes are collected.

Section 4. That the Clerk of Coun-cil is directed to file a certified copyof this ordinance with the Auditorof Cuyahoga County within twenty(20) days of the date of its passageas required by Section 319.61, OhioRevised Code.

Section 5. That it is found anddetermined that all formal action of

this Council concerning and relatingto the adoption of this ordinancewere adopted in an open meeting ofthis Council, and that all delibera-tions of this Council and any of itscommittees that resulted in such for-mal action were in meetings open tothe public, in compliance with alllegal requirements.





ing the purchase by one or morerequirement contracts of rock saltand deicer, for the Division ofStreets, Department of Public Ser-vice.



Section 1. That the Director ofPublic Service is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe term of one year for the neces-sary items of rock salt and deicerin the approximate amount as pur-chased during the preceding term,purchased by the Commissioner ofPurchases and Supplies upon a unitbasis for the Division of Streets,Department of Public Service. Bidsshall be taken in a manner that per-mits an award to be made for allitems as a single contract, or by sep-arate contract for each or any com-bination of the items as the Boardof Control determines. Alternatebids for a period less than the spec-ified term may be taken if desiredby the Commissioner of Purchasesand Supplies until provision is madefor the requirements for the entireterm.


Section 3. That under Section108(b) of the Charter, the purchaseauthorized by this ordinance may bemade through cooperative agree-ment using state procedures. TheDirector of Public Service may signall documents with the State of Ohioor any of its political subdivisionsthat are necessary to effectuate thecooperative efforts and may enterinto one or more contracts with thevendors selected through that coop-erative process.


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Ord. No. 897-03.By Council Members Westbrook,

Sweeney, Cimperman and Jackson(by departmental request).

An emergency ordinance to levyspecial assessments to relay andrepair sidewalks, driveway apronsand curbs encroaching upon the pub-lic right-of-way, adjustment of cast-ings, as necessary, and grading,seeding or re-seeding tree lawns, asnecessary, on West 93rd Street fromMadison Avenue to the North Mar-ginal Road of I-90.



Section 1. That the assessment ofthe cost and expense of relayingand repairing sidewalks, drivewayaprons and curbs encroaching uponthe public right-of-way, adjustmentof castings, as necessary, and grad-ing, seeding or re-seeding treelawns, as necessary, on West 93rdStreet from Madison Avenue to theNorth Marginal Road of I-90 (the“Improvement”) in the City of Cleve-land, as set forth in Resolution No.548-02, adopted on April 1, 2002, andamounting in the aggregate to$333,162.13, as reported to this Coun-cil by the Commissioner of Assess-ments and Licenses in File No. 897-03-A, is adopted and conformed, andthat there are levied and assessedon the lots and lands within theImprovement fifty percent (50%) ofeach of the several amounts report-ed as aforesaid, which assessmentsand the description of the lots andlands are now on file in the officeof the Clerk of Council and whichassessments are in proportion to thespecial benefits and are not inexcess of any statutory limitation.

Section 2. That this Council findsand determines that the revisedassessments now on file in theoffice of the Clerk are in the sameproportion to the estimated assess-ments as originally filed as theactual cost of the above-describedimprovement is to the estimated costof the improvement as originallyfiled.

Section 3. That the assessmentagainst each lot or parcel of landshall be payable in cash withinforty (40) days after the passage ofthis ordinance or at the option ofthe owner in five (5) annual install-ments. All cash payments shall bemade to the Commissioner of Licens-es and Assessments of this City. Allassessments and installmentsremaining unpaid at the expirationof said forty (40) days shall be cer-tified by the Clerk of this Councilto the County Auditor as providedby law to be placed by him on the

tax duplicate and collected as othertaxes are collected.

Section 4. That the Clerk of Coun-cil is directed to file a certified copyof this ordinance with the Auditorof Cuyahoga County within twenty(20) days of the date of its passageas required by Section 319.61, OhioRevised Code.

Section 5. That it is found anddetermined that all formal action ofthis Council concerning and relatingto the adoption of this ordinancewere adopted in an open meeting ofthis Council, and that all delibera-tions of this Council and any of itscommittees that resulted in such for-mal action were in meetings open tothe public, in compliance with alllegal requirements.



Ord. No. 898-03.By Council Members Westbrook,

Zone, Cimperman, Sweeney andJackson (by departmental request).

An emergency ordinance givingconsent of the City of Cleveland tothe Ohio Department of Transporta-tion to resurface the West Shorewaybetween Lake Road and the MainAvenue bridge.



Section 1. That it is declared to bein the public interest that the con-sent of the City of Cleveland isgiven to the Director of Trans-portation of the State of Ohio (the“Director of Transportation”) tomake the following improvements inaccordance with the plans, specifi-cations and estimates approved bythe Director of Transportation: Theresurfacing of the West Shorewaybetween Lake Road and the MainAvenue bridge (the “Improvement”).

Section 2. That the City gives itsconsent to the Improvement and itsadministration by the Director ofTransportation, provided that thisordinance shall not be construed toimpose any financial obligation onthe City for the Improvement. How-ever, the City agrees to assume andcontribute 100% of the cost of anyitems included in the constructioncontract, at the request of the City,which are determined by the Direc-tor of Transportation not eligible ormade necessary by the Improvement.

Section 3. That the Director ofPublic Service is authorized to enterinto agreements with the Director ofTransportation that are necessary tocomplete the planning and con-struction of the Improvement.

Section 4. That on completion ofthe Improvement, the City will:

(a) Keep the affected highwayopen to traffic at all times;

(b) Maintain the Improvementunder the provisions of the statutesrelating thereto and make amplefinancial and other provisions forthe maintenance;

(c) Maintain the right-of-way andkeep it free of obstruction in a man-ner satisfactory to the Director ofTransportation and hold the right-of-way inviolate for public highwaypurposes and permit no signs,posters, billboards, roadside standsor other private installations withinthe limits of the right-of-way;

(d) Place and maintain all trafficcontrol devices in accordance withthe Ohio Manual of Uniform TrafficControl Devices under the provisionsof Section 4511.11 and related sec-tions of the Ohio Revised Code; and

(e) Regulate parking by main-taining existing parking restrictionswithin the limits of the Improve-ment.

Section 5. a) That all existingstreets and public rights-of-waywithin the City that are necessaryfor the Improvement shall be madeavailable.

b) That the City agrees that allright-of-way required for thedescribed project will be acquiredand/or made available under cur-rent State and Federal regulations.The City also understands thatright-of-way costs include eligibleutility costs.

c) That arrangements have beenor will be made with and agree-ments obtained from all public util-ity companies whose lines or struc-tures will be affected by theImprovement, that the companieshave agreed to make any and allnecessary rearrangements in suchmanner as to be clear of any con-struction called for by the plans forthe Improvement and that the com-panies have agreed to make neces-sary rearrangements immediatelyafter notification by the City or theState of Ohio.

d) That no rule or regulation maybe enacted restricting the use of theImprovement by any class of vehi-cle or vehicle load permitted by theOhio Revised Code to use a publichighway. Any existing rule or reg-ulation so restricting road usage ishereby rescinded.

e) That the installation of all util-ity facilities on the right-of-wayshall conform with the requirementsof Title 23 CFR 645 and the ODOTUtilities Manual.

Section 6. That the Council of theCity requests the State to proceedwith the Improvement.

Section 7. That the Clerk of Coun-cil is authorized to transmit to theDirector of Transportation three(3) certified copies of this ordi-nance immediately on its takingeffect, and it shall become thebasis for proceeding with the Im-p r o v e m e n t .




1522


Johnson and Jackson (by depart-mental request).

An emergency ordinance authoriz-ing the Director of Parks, Recre-ation and Properties to accept acash donation from Tremont WestDevelopment Corporation to be usedtowards the rehabilitation of Lin-coln Park as part of the 2002 UrbanParks and Recreation Recovery Pro-ject.

Whereas, under Ordinance No. 474-

02, passed May 20, 2002, this Coun-

cil authorized the Director of Parks,Recreation and Properties to apply

for and accept a grant from the 2002

Urban Parks and Recreation Recov-ery Program (“UPARR”) for the

rehabilitation of Lincoln Park; and

Whereas, this ordinance consti-tutes an emergency measure provid-

ing for the usual daily operation of

a municipal department; now, there-fore,


Section 1. That the Director of

Parks, Recreation and Properties isauthorized to accept a cash donation

in the amount of $18,200 from

Tremont West Development Corpo-ration to be used towards the reha-

bilitation of Lincoln Park, as part of

the 2002 UPARR project and to bedeposited into the fund or funds des-

ignated for that project.Section 2. That this ordinance is

declared to be an emergency mea-

sure and, provided it receives theaffirmative vote of two-thirds of all

the members elected to Council, it

shall take effect and be in forceimmediately upon its passage and

approval by the Mayor; otherwise it

shall take effect and be in forcefrom and after the earliest period

allowed by law.Passed June 10, 2003.


Ord. No. 902-03.By Council Members Johnson and


ing the purchase by one or morecontracts of labor and materials nec-essary to install cyclone vinyl fenc-ing at the north end of the CoastMunicipal Parking Lot, for the Divi-sion of Parking Facilities, Depart-ment of Parks, Recreation and Prop-erties.


tutes an emergency measure provid-

ing for the usual daily operation ofa municipal department; now, there-

fore,


Section 1. That the Director ofParks, Recreation and Properties is

authorized to make one or more

written contracts under the Charterand the Codified Ordinances of

Cleveland, Ohio, 1976, for each or

all of the following items: laborand materials necessary to install

cyclone vinyl fencing at the north

end of the North Coast MunicipalParking Lot, to be purchased by the

Commissioner of Purchases and

Supplies for a gross price, for theDivision of Parking Facilities, De-

partment of Parks, Recreation and

P r o p e r t i e s .Section 2. That the cost of the con-

tract or contracts authorized shall

be paid from Fund No. 11 SF 006,Request No. 105586.

Section 3. That this ordinance is

declared to be an emergency mea-sure and, provided it receives the

affirmative vote of two-thirds of allthe members elected to Council, it

shall take effect and be in force

immediately upon its passage andapproval by the Mayor; otherwise it







ing the Director of CommunityDevelopment to enter into one ormore contracts with Cleveland Hous-ing Network, or its designee, for theacquisition, rehabilitation or con-struction of low income housingunits.


tutes an emergency measure provid-ing for the usual daily operation of

a municipal department; now, there-

fore,Be it ordained by the Council of

the City of Cleveland:

Section 1. That the Director ofCommunity Development is autho-

rized to enter into one or more con-

tracts with Cleveland Housing Net-work, or its designee, for the acqui-

sition, rehabilitation or constructionof low income rental or lease-pur-

chase housing units.

Section 2. That the cost of the c o n-tracts shall not exceed $1,850,000.00,

and shall be paid from Fund No. 13

SF 980, Request No. 125739.Section 3. That this ordinance is


sure and, provided it receives theaffirmative vote of two-thirds of all


shall take effect and be in forceimmediately upon its passage and

approval by the Mayor; otherwise itshall take effect and be in force

from and after the earliest period

allowed by law.Passed June 10, 2003.




ing the Director of CommunityDevelopment to enter into a Com-munity Development Block Grantfloat loan agreement with ClevelandHousing Network, or its designee, toprovide financial assistance to par-tially finance the construction ofrental housing in the City of Cleve-land.





fore,




Community Development is autho-

rized to enter into a Community

Development Float Loan Agreement

with Cleveland Housing Network, or

its designee, to provide financial

assistance to partially finance the

construction of rental housing in the

City of Cleveland.

Section 2. That the term of the

loan shall be determined by the

Director of Community Development

under Federal regulation, State and

local laws, and the Director is

authorized to amend the terms from

time to time, as deemed necessary

to remain consistent with the laws

and regulations.

Section 3. That the cost of the c o n-

tract shall not exceed $2,400,000.00 and

shall be paid from Fund No. 14 SF

810, Request No. 125740.


Community Development shall

obtain an irrevocable, unconditional

letter of credit to secure repayment

of the loan. Any security instrument

shall be approved by the Director of

Law.



rized to accept monies in repayment

of the loan and to deposit the

monies in the CDBG fund.



rized to charge and accept fees in

an amount not to exceed the maxi-

mum allowable under federal regu-

lations and the fees are appropriat-

ed to cover costs incurred in the

preparation of the loan application,

closing and servicing of the loan.

The fees shall be deposited into the

CDBG fund.


Law is authorized to prepare the

contract and other documents as

may be appropriate to complete the

transaction.



sure and, provided it receives the

affirmative vote of two-thirds of all



immediately upon its passage and




allowed by law.





ing the Director of CommunityDevelopment to enter into agree-ments with Storefront RenovationProgram applicants, and to enterinto agreements to reimburse eligi-ble administrative costs to commu-


1523

nity development corporations for

implementation of the Storefront

Renovation Program.





fore,





rized to enter into agreements with

Storefront Renovation Program ap-

plicants, and to enter into agree-

ments to reimburse eligible admin-

istrative costs to community devel-

opment corporations for implemen-

tation of the Storefront Renovation

Program. The agreements shall not

exceed $1,500,000.00 and shall be

paid from Fund Nos. 13 SF 872, 14

SF 028, and 14 SF 029, Request Nos.

125702 and 125735.



rized to accept program income

monies in repayment from local

development corporations under

the Storefront Renovation Program

and to utilize this program income,

other Community Development

Block Grant program income and

Kiosk program income in a revolv-

ing fund for additional expendi-

tures under the Storefront Renova-

tion Program, and such program

income is hereby appropriated for

that purpose.

Section 3. That the City is autho-

rized to accept promissory notes,

naming the City of Cleveland as

payee, and mortgages, naming the

City of Cleveland as mortgagee, and

any other security instrument exe-

cuted to evidence and secure repay-

ment of loans, costs and fees under

the City’s Storefront Renovation

Program.



rized to enter into forbearance

agreements with any recipient of a

validly existing loan, administered

by the City under the City’s Store-

front Renovation Program.



rized to collect from persons or

entities with whom the City is

entering into loan agreements or

forebearance agreements an

amount equal to any amount spent

for services related to such agree-

ments, such as title searches, cred-

it bureau reports and document fil-

ing fees. Such fees shall be deposit-

ed into Fund No. 14.



sure and, provided it receives the

affirmative vote of two-thirds of all



immediately upon its passage and




allowed by law.




1524

Ord. No. 906-03.

By Council Members Gordon and Jackson (by departmental request).

An emergency ordinance authorizing the Director of Economic Development to accept a grant from the Ohio

Department of Jobs and Family Services for the 2004 Workforce Investment Act grant; and to enter into contracts

with various entities necessary to administer the Workforce Investment Act programs.

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”) as

Ohio Workforce Area (“OWA”) No. 3; and

Whereas, in accordance with the agreement required by the WIA and approved by the Governor, for the WIA

Program Year (“PY”) 2004 for the period of July 1, 2003 through June 30, 2005, between the Chairman of the

Workforce Investment Board of Cleveland (“WIBC”) and the City, the City has been designated as the WIA grant

recipient; administrative entity; and OWA No. 3; and


department; therefore


Section 1. That the Director of Economic Development is authorized to accept a grant in the approximate

amount of $16,500,000.00, from the Ohio Department of Jobs and Family Services for the 2004 Workforce Invest-

ment Act grant for the delivery of allowable program services to eligible individuals. The Director of Economic

Development is authorized to file all papers and execute all documents necessary to receive the funds under

the grant.

Grant Name Fund Amount

Youth Activities 16 SF 204 $6,500,000.00

Adult Employment and Training 16 SF 204 $6,000,000.00

Dislocated Worker Employment and Training 16 SF 204 $4,000,000.00

That the Director of Economic Development is authorized to file all papers and execute all documents neces-

sary to receive the funds under the grant.

Section 2. That the Director of Economic Development is authorized to enter into one or more contracts with

various agencies, entities or organizations to implement the following components of the 2004 Workforce Invest-

ment Act grant:

• 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

• JOB READINESS TRAINING

• JOB DEVELOPMENT/JOB PLACEMENT

• JOB FAIRS, WIB MEETINGS, YOUTH COUNCIL, PROVIDER MEETINGS, PROGRAM RECOGNITION

Adult Employment and Training

• OCCUPATIONAL SKILLS TRAINING

• ON-THE-JOB TRAINING

• CUSTOMIZED TRAINING

• PAID WORK EXPERIENCE

• SPECIALIZED POPULATION

• SUPPORTIVE SERVICES


• FOLLOW-UP

• JOB DEVELOPMENT

• JOB FAIRS, WIB MEETINGS, PROVIDER MEETINGS, PROGRAM RECOGNITION

Dislocated Worker Employment and Training

• OCCUPATIONAL SKILLS TRAINING

• ON-THE-JOB TRAINING

• CUSTOMIZED TRAINING

• PAID WORK EXPERIENCE

• SUPPORTIVE SERVICES


• FOLLOW-UP

• JOB DEVELOPMENT

• JOB FAIRS, WIB MEETINGS, PROVIDER MEETINGS, PROGRAM RECOGNITION

• RAPID RESPONSE

Section 3. That the following amounts are appropriated as follows to provide for administration of the WIA

programs:

A. Youth Activities

Personnel and Related Expenses . . . . $ 650,000.00

Other Expenses . . . . . . . . . . . . . . . . . $5,850,000.00

Total $6,500,000.00

B. Adult Employment and Training


Other Expenses . . . . . . . . . . . . . . . . . $5,400,000.00

Total $6,000,000.00

C. Dislocated Worker Employment and Training


Other Expenses . . . . . . . . . . . . . . . . . $3,600,000.00

Total $4,000,000.00








1525

Ord. No. 907-03.By Council Members Rybka,

White, Cimperman and Jackson (bydepartmental request).

An emergency ordinance authoriz-ing the Director of City Planning toemploy one or more professionalconsultants to provide transporta-tion and design studies in the Broad-way Miles area.



Section 1. That the Director ofCity Planning is authorized toemploy by contract or contracts oneor more consultants or one or morefirms of consultants for the purposeof supplementing the regularlyemployed staff of the several depart-ments of the City of Cleveland inorder to provide professional ser-vices necessary to provide trans-portation and design studies in theBroadway Miles area.

The selection of the consultantsfor the services shall be made bythe Board of Control on the nomi-nation of the Director of City Plan-ning from a list of qualified con-sultants available for employmentas may be determined after a fulland complete canvass by the Direc-tor of City Planning for the purposeof compiling a list. The compensa-tion to be paid for the services shallbe fixed by the Board of Control.The contract or contracts authorizedshall be prepared by the Director ofLaw, approved by the Director ofCity Planning, and certified by theDirector of Finance.

Section 2. That under the authorityof Ordinance No. 869-2000, passed June12, 2000, this Council authorizedamong other things, Agreement No.10070 with the Ohio Department ofTransportation (“ODOT”) whichauthorized 100% reimbursement tothe City for this project. Therefore,the Director of City Planning isauthorized to receive on behalf of theCity, payment from ODOT for 100%of the costs of the professional ser-vices authorized in this ordinance.

Section 3. That the cost of con-tract or contracts authorized shallbe paid from Fund No. 20 SF 412,Request No. 112398.





An emergency ordinance authoriz-ing the Director of Economic Devel-opment to apply for and accept agrant from the State of Ohio, CleanOhio Council, Ohio Department ofDevelopment, for the remediation ofenvironmental contamination ofbuildings at East 9th Street andEuclid Avenue; and authorizing thedirector to enter into one or morecontracts with The Richard JacobsGroup, Inc. to implement the project.



Section 1. That the Director ofEconomic Development is autho-rized to apply for and accept agrant in the amount of $3,000,000,from the State of Ohio, Clean OhioCouncil, Ohio Department of Devel-opment, for the remediation of envi-ronmental contamination of the fol-lowing two buildings located atEast 9th Street and Euclid Avenue:The Rotunda at 900 Euclid Avenueand The Tower at 2017 East NinthStreet; that the Director of EconomicDevelopment is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposes setforth in the summary for the grantcontained in the file describedbelow.

Section 2. That the summary forthe grant, File No. 914-03-A, made apart of this ordinance as if fullyrewritten, is approved in all respects.

Section 3. That the Director of Eco-nomic Development is authorized toenter into one or more contracts withThe Richard Jacobs Group to imple-ment the remediation project asdescribed in the summary.

Section 4. That the cost of the con-tracts authorized shall not exceedthe grant funds received and shallbe paid from the fund or funds thatare credited the grant proceedsaccepted under this ordinance.



Ord. No. 930-03.By Council Member Gordon.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Treadway Avenue toJamie Marquardt and Deborah A.Marquardt.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-

nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 009-21-017,as more fully described below, toJamie Marquardt and Deborah A.Marquardt.



County of Cuyahoga and State ofOhio, and known as being Sublot No.68 in The Citizens Land andImprovement Company BrooklynSubdivision No. 2, proposed of partof Original Brooklyn Township LotNos. 63 ad 76, as shown by therecorded plat in Volume 45 of Maps,Page 17 of Cuyahoga CountyRecords, as appears by said plat, bethe same more or less, but subjectto all legal highways.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shallbe executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect. Thedeed shall include a condition thatthe real property cannot be used asa landfill, or for landfill purposes.






ing the sale of real property as partof the Land Reutilization Programand located at East 87th Street toColumbus Davis, Jr. and Theresa D.Bell-Davis.



1526




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 119-05-049and 119-05-050, as more fullydescribed below, to Columbus Davis,Jr. and Theresa D. Bell-Davis.



County of Cuyahoga and State ofOhio, and known as being theNortherly 37.5 feet of Sublot No. 31in P. H. Babcock’s Subdivision ofpart of Original One Hundred AcreLot No. 400 as shown by the record-ed plat in Volume 15 of Maps, Page38 of Cuyahoga County Records, andbeing 37.50 feet front on the East-erly side of East 87th Street andextending back 169.34 feet on theNortherly line, about 169.48 feet onthe Southerly line and having a rearline of 37.50 feet as appears by saidplat, be the same more or less, butsubject to all legal highways.


County of Cuyahoga and State ofOhio, and known as the Southerly 371/2 feet of Sublot No. 30 in P.H.Babcock’s Subdivision of part ofOriginal One Hundred Acre Lot No.400 as shown by the recorded platin Volume 15 of Maps, Page 38 ofCuyahoga County Records. Said partof Sublot No. 30 has a frontage of37 1/2 feet on the Easterly side ofEast 87th Street (formerly Brook-field Street) and extends back about169.12 feet on the Northerly line,169.34 on the Southerly line and hasa rear line of 37.5 feet, as appearsby said plat, be the same more orless, but subject to all legal high-ways.


Subject to restrictions and ease-ments appearing of record in Vol-ume 982, Page 18 and 19 of Cuya-hoga County Records.

Subject to and together with aneasement and right of way for amutual driveway appearing inrecord in Volume 7738, Page 53 andVolume 10145, Page 203 of CuyahogaCounty Records.







ing the sale of real property as partof the Land Reutilization Programand located on Whittier Avenue toJames E. Sears.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 104-18-061and 104-18-062, as more fullydescribed below, to James E. Sears.



County of Cuyahoga and State ofOhio, and known as being the East-erly 30 feet of Sublot No. 24 and theWesterly 20 feet of Sublot No. 26 inLena B. Sweesy and other Allotmentof part of Original One HundredAcre Lot No. 340, as shown by therecorded plat in Volume 12 of Maps,Page 40 of Cuyahoga CountyRecords, and together forming aparcel of land 50 feet front on the

Southerly side of Whittier Avenue,N.E., and extending back 142.70 feetof equal width, as appears by saidplat, be the same more or less, butsubject to all legal highways.

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being theNortherly 100 feet of the Westerly6.5 feet of the Easterly 20 feet ofSublot No. 26 in Lena B. Sweesy andothers Allotment of part of OriginalOne Hundred Acre Lot No. 340, asshown by the recorded plat in Vol-ume 12 of Maps, Page 40 of Cuya-hoga County Records, and being 6.5feet front on the Southerly side ofWhittier Avenue, N.E., and extend-ing back of equal width 100 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.22 and the Westerly 10 feet of SublotNo. 24 in Lena B. Sweesy and oth-ers’ Allotment of part of OriginalOne Hundred Acre Lot No. 340, asshown by the recorded plat in Vol-ume 12 of Maps, Page 40 of Cuya-hoga County Records and togetherforming a parcel of land having afrontage of 50 feet on the Southerlyside of Whittier Avenue, N.E., (for-merly Sixth Avenue) and extendingback of equal width 142.70 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.








1527


ing the sale of real property as partof the Land Reutilization Programand located on Sowinski andKosciuszko Avenues to New Jeru-salem Missionary Baptist Church.

Whereas, the City of Clevelandadopted and implemented proce-dures under Chapter 5722 of theOhio Revised Code to facilitatereutilization of nonproductive landssituated within the City of Cleve-land; and




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-07-042 asmore fully described below, to NewJerusalem Missionary Baptist Church.



County of Cuyahoga and State ofOhio, and known as being Sublot No.59 and the Westerly 5 feet of SublotNo. 60 and the Southerly one-half ofa vacated 12 foot alley, immediate-ly to the rear, in Joseph Hoffman’s“Posen” Subdivision of part of Orig-inal One Hundred Acre Lot Nos. 375and 376 as shown by the recordedplat in Volume 20 of Maps, Page 29of Cuyahoga County Records, andtogether forming one parcel of land40 feet front on the Northerly sideof (Hoffman Street) now known asKosciuszko Avenue and extendingback of equal width 105 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways. Subject to zoning ordi-nances, if any.

Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-07-043 asmore fully described below to NewJerusalem Missionary Baptist Church.



County of Cuyahoga and State ofOhio, and known as being the East-erly 30 feet on Sublot No. 60 and theSoutherly one-half of a vacated 12foot alley immediately to the rear inthe Posen Subdivision of part ofOriginal One Hundred Acre Lot Nos.375 and 376, as shown by the record-ed plat in Volume 20 of Maps, Page29 of Cuyahoga County Records, andtogether having a frontage of 30feet on the Northerly side ofKosciuszko Avenue, N.E. (formerly

Hoffman Avenue) and extendingback of equal width 105 feet deep,as appears by said plat, be the samemore or less, but subject to all legalhighways. Subject to zoning ordi-nances, if any.

Section 5. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-07-044 asmore fully described below, to NewJerusalem Missionary Baptist Church.



County of Cuyahoga and State ofOhio, and known as being Sublot No.61 in the Posen Subdivision of partof Original One Hundred Acre LotNos. 375 and 376 and the Southerlyone-half of the vacated 12 foot alley,immediately in the rear, as shownby the recorded plat in Volume 20of Maps, Page 29 of Cuyahoga Coun-ty Records, and together forming alot 35 feet front on the Northerlyside of Kosciuszko Avenue andextending back of equal width 105feet deep, as appears by said plat,be the same more or less, but sub-ject to all legal highways. Subjectto zoning ordinances, if any.

Section 7. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 107-07-045 asmore fully described, to NewJerusalem Missionary Baptist Church.



County of Cuyahoga and State ofOhio, and known as being Sublot No.62 and the Southerly one-half of thevacated 12 foot alley immediately tothe rear, in the Posen Subdivision ofpart of Original One Hundred AcreLot Nos. 375 and 376, as shown bythe recorded plat in Volume 20 ofMaps, Page 29 of Cuyahoga CountyRecords. Said Sublot No. 62 has afrontage of 35 feet on the Northerlyside of Kosciuszko Avenue, N.E.,(formerly Hoffman Street) andextends back between parallel lines105 feet, as appears by said plat, bethe same more or less, but subjectto all legal highways. Subject tozoning ordinances, if any.




County of Cuyahoga and State ofOhio, and known as being Sublot No.63 in Joseph Hoffman’s Posen Sub-division of part of Original OneHundred Acre Lot Nos. 375 and 376,as shown by the recorded plat inVolume 20 of Maps, Page 29 of Cuya-hoga County Records and that partof the Southerly half of a 12 foot

alley lying Northerly of said SublotNo. 63, vacated by Ordinances of theCity of Cleveland, passed September12, 1938,and being Ordinance No.1937-38 and together forming andparcel of land bounded anddescribed as follows:

Beginning on the Northerly line ofKosciuszko Avenue, N.E., (formerlyHoffman Street) at the Southwest-erly corner of said Sublot No. 63;thence Easterly along said Norther-ly line of Kosciuszko Avenue, N.E.,35 feet to the Southeasterly cornerof Sublot No. 63; thence Northerlyalong the Easterly line of saidSublot No. 63 and along the Norther-ly prolongation thereof 105 feet tothe center line of said vacated alley,thence Westerly along said centerline of said vacated alley, 35 feet toits intersection with the Northerlyprolongation of the Westerly line ofsaid Sublot No. 63; thence Southerlyalong said Northerly prolongation ofsaid Westerly line of Sublot No. 63,and along said Westerly line ofSublot No. 63, 105 feet to the placeof beginning, be the same more orless, but subject to all legal high-ways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.64 in the Posen Subdivision of partof Original One Hundred Acre LotNo. 375 and Resubdivision of SublotNo. 1 to 17, both inclusive in the OakGrove Allotment of part of OriginalOne Hundred Acre Lot No. 376, asshown by the recorded plat of saidSubdivision and Resubdivision inVolume 20 of Maps, Page 29 of Cuya-hoga County Records and being 35feet front on the Northerly side ofHoffman Street (now known asKosciuszko Avenue) and extendingback of equal width 99 feet deepand a 6 foot strip of land in the rearof said Sublot 64 by reason of thevacation of a 12 foot alley.





County of Cuyahoga and State ofOhio, and known as being Sublot No.65 and part of vacated alley 12 feetwide, vacated in Posen Subdivisionof part of Original One HundredAcre Lot Nos. 375 and 376 as shownby the recorded plat in Volume 20of Maps, Page 29 of Cuyahoga Coun-ty Records, and being 35 feet fronton the Northerly side of KosciuszkoAvenue, N.E., (formerly HoffmanStreet) and extending back of equalwidth 105 feet, as appears by said


1528

plat, be the same more or less, butsubject to all legal highways.




County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 66 in the Posen Subdivi-sion of part of Original One Hun-dred Acre Lot Nos. 375 and 376 andone-half of a vacated alley in therear, as shown by the recorded platin Volume 20 of Maps, Page 29 ofCuyahoga County Records, andtogether being 35 feet front on theNortherly side of Kosciuszko Ave-nue, N.E., (formerly Hoffman Ave-nue, N.E.) and extending back ofequal width 105 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.67 in Joseph Hoffman’s Subdivisionof part of Original One HundredAcre Lot Nos. 375 and 376 as shownby the recorded plat in Volume 20of Maps, Page 29 of Cuyahoga Coun-ty Records, and part of a vacatedalley, 12 feet wide, vacated by Ordi-nance No. 1397-38; Said Sublot No. 67being 35 feet front on the Northerlyside of Hoffman Street, now knownas Kosciuszko Avenue, N.E., andextending back of equal width 105feet to the center line of a vacatedalley in the rear, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.69 and part of a 12 foot alley nowvacated, in the Posen Subdivision ofpart of Original One Hundred AcreLots Nos. 375 and 376, as shown bythe recorded plat in Volume 20 ofMaps, Page 29 of Cuyahoga CountyRecords, and being 35 feet front onthe Northerly side of Kosciuszko

Avenue, N.E., (formerly HoffmanAvenue, N.E.) and extending backof equal width, 105 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.70 and part of vacated alley, 12 feetwide, as vacated by Ordinance No.917-58 in the Posen Subdivision ofpart of Original One Hundred AcreLots Nos. 375 and 376 as shown bythe recorded plat in Volume 20 ofMaps, Page 29 of Cuyahoga CountyRecords, and being 35 feet front onthe Northerly side of KosciuszkoAvenue, N.E., (formerly HoffmanStreet), and extending back of equalwidth 105 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being theSoutherly 1/2 of a vacated 12-footalley, (formerly Hedwig Courtvacated September 16, 1958 OR #917-58), Sublot No. 71 in the Posen Sub-division of part of Original OneHundred Acre Lots Nos. 375 and 376,as shown by the recorded plat inVolume 20 of Maps, Page 29 of Cuya-hoga County Records, together form-ing a parcel of land 35 feet front onthe Northerly side of KosciuszkoAvenue, N.E., (formerly HoffmanStreet) and extending back of equalwidth 105 feet by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being theSoutherly 1/2 of a vacant 12 footalley and all of Sublot No. 72 in thePosen Subdivision of part of Origi-nal One Hundred Acre Lots Nos. 375and 376, as shown by the recordedplat in Volume 20 of Maps, Page 29

of Cuyahoga County Records, andtogether forming a parcel of land 35feet front on the Northerly side ofKosciuszko Avenue, N.E., (formerlyHoffman Street) and extending backof equal width 105 feet as appearsby said plat, be the same more orless, but subject to all legal high-ways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.73 and a Southerly 1/2 of a 12 footalley in the rear vacated by Ordi-nance No. 1397-38 in the Posen Sub-division of part of Original OneHundred Acre Lots Nos. 375 and 376as shown by the recorded plat inVolume 20 of Maps, Page 29 of Cuya-hoga County Records. Said SublotNo. 73 and vacated alley togetherhave a frontage of 35 feet on theNortherly side of KosciuszkoAvenue, N.E., (formerly HoffmanAvenue, N.E.), and extends backbetween parallel lines 105 feet alongthe Westerly side of East 82ndStreet (formerly Kossuth Street), asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.132 in the Posen Subdivision of partof Original One Hundred Acre LotsNos. 375 and 376, as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords; Said Sublot No. 132 has afrontage of 35 feet on the Southerlyside of Sowinski Avenue, N.E., andextends back between parallel lines105 feet, to the center of a vacatedalley, as appears by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.133 in Posen Subdivision of part of


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Original One Hundred Acre LotsNos. 375 and 376 as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and being 35 feet front onthe Southerly slide of SowinskiAvenue, N.E., and extending back ofequal width 105 feet to the centerline of a vacated alley in the rear,as appears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.134 in the Posen Subdivision of partof Original One Hundred Acre LotsNos. 375 and 376, as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords and also part of an alleyvacated by City of Cleveland on Sep-tember 12, 1938 by Ordinance No.1397-38, and together forming a par-cel of land 35 feet front on theSoutherly side of Sowinski Avenue,Northeast and extending back ofequal width 105 feet deep to the cen-ter of said vacated alley, as appearsby said plat, be the same more orless, but subject to all legal high-ways.





County of Cuyahoga and State ofOhio, and known as being SublotNo.135 in Joseph Hoffman’s “Posen”Subdivision of part of Original OneHundred Acre Lots Nos. 375 an 376as shown by the recorded plat inVolume 20 of Maps, Page 29 of Cuya-hoga County Records and being 35feet front on the Southerly side ofSowinski Avenue, N.E., and extend-ing back of equal width 105 feetdeep to the center line of a vacatedalley, as appears by said plat, be thesame more or less, but subject to alllegal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.138 and the Northerly one-half of a12 foot alley in the rear vacated byOrdinance No. 1397-38 in the JosephHoffman’s Posen Subdivision of partof Original One Hundred Acre LotsNos. 375 and 376 as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords. Said Sublot No. 138 andvacated alley together have afrontage of 35 feet on the Southerlyside of Sowinski Avenue, N.E., andextending back of equal width 105feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.139 and part of the vacated portionof an unnamed alley (12 feet wide)now vacated in the Posen Subdivi-sion of part of Original One Hun-dred Acre Lots Nos. 375 and 376 asshown by the recorded plat in Vol-ume 20 of Maps, Page 29 of Cuya-hoga County Records, together form-ing a parcel of land having afrontage of 35 feet on the Southerlyside of Sowinski Avenue, N.E., andextending back of equal width 105feet deep to the centerline of saidalley, now vacated, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being Allotmentof Sublot No. 141 and the Northerlyhalf of vacated alley in the PosenSubdivision of Original One Hun-dred Acre Lots Nos. 375 and 376, saidSublot No. 141 being a parcel of land35 feet front on the Southerly sideof Sowinski Avenue, N.E., (formerlySowinski Street) and extends backof equal width 105 feet deep accord-ing to the plat of said Subdivisionrecorded in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords.





County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 142 in Joseph Hoffman’sPosen Subdivision of Original OneHundred Acre Lots Nos. 375 and 376.Said Sublot No. 142 being a parcelof land 35 feet front on the Souther-ly side of Sowski Avenue, (former-ly Sowinski Street) and extendsback of equal width 99 feet deepaccording to the plat of said Subdi-vision recorded in Volume 20 ofMaps, Page 29 of Cuyahoga CountyRecords, be the same more or less,but subject to all legal highways.

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being part of avacated 12 foot alley, vacated byCity of Cleveland Ordinance No.1397-38 of part of Original One Hun-dred Acre Lot No. 375 and boundedand described as follows:

Beginning at the Southeasterlycorner of Sublot No. 142 in JosephHoffman’s Posen Subdivision record-ed in Volume 20 of Maps, Page 29of Cuyahoga County Records; thenceSoutherly along the prolongation ofthe Easterly line of Sublot No. 142,6 feet to the center line of saidvacated alley; thence Westerlyalong said center line of said vacat-ed alley 35 feet to the its intersec-tion with the Southerly prolongationof the Westerly line of said SublotNo. 142; thence Northerly along saidSoutherly prolongation of said West-erly line of Sublot No. 142, 6 feet tothe Southwesterly corner of SublotNo. 142; thence Easterly along theSoutherly line of Sublot No. 142, 35feet to the place of beginning, bethe same more or less, but subjectto all legal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.143 and part of alley vacated byCleveland Ordinance No. 1397-38 inthe Posen Subdivision of part ofOriginal One Hundred Acre Lot No.375 and Re-Subdivision of SublotNos. 1 to 17 both inclusive in theOak Grove Allotment of part of Orig-inal One Hundred Acre Lot No. 376as shown by the recorded plat ofsaid Subdivision and Re-Subdivision,in Volume 20 of Maps, Page 29 ofCuyahoga County Records, andbeing 35 feet front on the Southerlyside of Sowinski Avenue, N.E., andextending back of equal width 105feet deep, as appears by said plat,be the same more or less, but sub-ject to all legal highways.

That part of premises in captionwhich was a part of vacated alley,as vacated by Ordinance 1397-38, issubject to any right by way of ease-ments which may exist in favor ofthe public or in favor of owners of


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other lots in said Allotment, andalso to the rights of any Public Util-ity Company for the maintenance ofany existing Public Utility Facili-ties in said Vacated Roadway.





County of Cuyahoga and State ofOhio, and known as being the East-erly 31 feet of Sublot No. 144 inPosen Subdivision and the Norther-ly 1/2 of a vacated 12 foot alleyadjoining said Sublot of part ofOriginal One Hundred Acre LotsNos. 375 and 376, as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and being 31 feet front onthe Southerly side of Sowinski Ave-nue, and extending back betweenparallel lines 105 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.





County of Cuyahoga and State ofOhio, and known as being the East-erly 1 foot of the Westerly 4 feet ofSublot No. 144 and the Northerly 6feet of a vacated alley in the PosenSubdivision of part of Original OneHundred Acre Lots Nos. 375 and 376,as shown by the recorded plat inVolume 20 of Maps, Page 29 of Cuya-hoga County Records, and being 1foot front on the Southerly sided ofSowinski Avenue, N.E., 105 feet deepas appears by said plat, be the samemore or less, but subject to all legalhighways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.145, part of Sublot No. 144 and partof a 12 foot alley now vacated inThe Posen Subdivision of part ofOriginal One Hundred Acre LotsNos. 375 and 376, as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and together forming a

parcel of land bounded anddescribed as follows:

Beginning on the Southerly line ofSowinski Avenue, N.E., at the North-westerly corner of said Sublot No.145; thence Easterly along theSoutherly line of Sowinski Avenue,N.E., 38 feet; thence Southerly andparallel with the Westerly line ifsaid Sublot No. 144, 105 feet to thecenter line of the 12 foot alley, nowvacated; thence Westerly along thecenter line of said 12 foot alley, nowvacated, 38 feet to its intersectionwith the Southerly prolongation ofthe Westerly line of said Subdivi-sion 145; thence Northerly along saidSoutherly prolongation and alongthe Westerly line of said Sublot No.145, 105 feet to the place of begin-ning, as appears by said plat, be thesame more or less, but subject to alllegal highways.



P. P. No. 107-07-072Parcel 1

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being Sublot No.146 in the Northerly half of a vacat-ed alley in the Posen Subdivision ofpart of Original One Hundred AcreLots Nos. 375 and 376, as shown bythe recorded plat in Volume 20 ofMaps, Page 29 of Cuyahoga CountyRecords, and together forming aparcel of land having a frontage of35 feet on the Southerly side ofSowinski Avenue, N.E., and extend-ing back of equal width 105 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways. Restrictions of recordand zoning ordinance, if any.

Parcel 2Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being the East-erly 3 feet of Sublot No. 147 and theNortherly half of a vacated alley inthe Posen Subdivision of part ofOriginal One Hundred Acre LotsNos. 375 and 376, as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and together forming aparcel of land having a frontage of3 feet on the Southerly side ofSowinski Avenue, N.E., and extend-ing back of equal width 105 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways. Restrictions of recordand zoning ordinances, if any.



P. P. No. 107-07-073Part 1

Situated in the City of Cleveland,County of Cuyahoga and State ofOhio, and known as being the West-erly 32 feet from front to rear of

Sublot No. 147 in Joseph Hoffman’sPosen Subdivision of a part of Orig-inal One Hundred Acre Lots Nos. 375and 376, as shown by the recordedplat in Volume 20 of Maps, Page 29of Cuyahoga County Records andbeing 32 feet front on the Southerlyside of Sowinski Avenue, N.E., andextending back of equal width 99feet deep to an alley as appears bysaid plat, be the same more or less,but subject to all legal highways.

Part 2Situated in the City of Cleveland,

County of Cuyahoga and State ofOhio, and known as being part of avacated 12 foot alley vacated by theCity of Cleveland Ordinance No.1397-378 of part of Original One Hun-dred Acre Lot No. 375 and boundedand described as follows:

Beginning in the Southwesterlycorner of Sublot No. 147 in the PosenSubdivision recorded in Volume 20,Page 29 of Maps; thence Southerlyalong a Southerly prolongation of theWesterly line of said Sublot No. 147six feet to the center line of saidvacated alley; thence Easterly alongthe center line of said vacated alley32 feet to a point distant, Westerlymeasured along said center line 3feet from its intersection with theSoutherly prolongation of the East-erly line of said Sublot No. 147;thence, Northerly in a direct line 6feet to a point in the Southerly lineof said Sublot No. 147 distant West-erly, measured along said Southerlyline 3 feet from the Southeasterlycorner of Sublot No. 147; thence West-erly along the Southerly line ofSublot No. 147, 32 feet to the place ofbeginning, be the same more or less,but subject to all legal highways.

That part of premises in captionwhich was a part of vacated alley,as vacated by Ordinance No. 1397-38,is subject to any rights by way ofeasements which may exist in favorof the public or in favor of ownersof other lots in said Allotment, andalso to the rights of any Public Util-ity Company for maintenance of nayexisting Public Facilities in saidVacated Roadway.




County of Cuyahoga and State ofOhio, and known as being Sublot No.149 and part of a 10 feet alley nowvacated and also part of a 12 footalley now vacated in the Posen Sub-division of part of Original OneHundred Acre Lots Nos. 375 and 376,as shown by the recorded plat inVolume 20 of Maps, Page 29 of Cuya-hoga County Records, together form-ing a parcel of land bounded anddescribed as follows:

Beginning on the Southerly line ofSowinski Avenue, N.E., at the North-easterly corner of Sublot No. 149;thence Westerly along the Souther-ly line of Sowinski Avenue, 35 feetto its intersection with the center-line of said 10 feet alley, now vacat-ed; thence Southerly along the cen-terline of said 10 foot alley 105 feetto its intersection with the center-line of said 12 foot alley, now vacat-


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ed; thence Easterly along the cen-terline of said 12 foot alley 35 feetto its intersection with the Souther-ly prolongation of the Easterly lineof said Sublot No. 149; thenceNortherly along said Southerly pro-longation and the Easterly line ofSublot No. 149, 105 feet to the placeof beginning, be the same more orless, but subject to all legal high-ways.




County of Cuyahoga and State ofOhio, and known as being Sublot No.57 and part of a 12 foot alley vacat-ed by City Ordinance 1937-38 in thePosen Subdivision of a part of Orig-inal One Hundred Acre Lot Nos. 375and 376 as shown by the recordedplat in Volume 20 of Maps, Page 29of Cuyahoga County Records andtogether being 30 feet front on theNortherly side of KosciuszkoAvenue, N.E., and extending backbetween parallel lines 105 feet tothe center line of said vacated alley,as appears by said plat. Subject tozoning ordinances, if any.

Section 61. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases andSupplies is hereby authorized to sellPermanent Parcel No. 107-07-041 asmore fully described below, to NewJerusalem Missionary Baptist Church.



County of Cuyahoga and State ofOhio, and bounded and described asfollows:

To wit: Known as being SublotNo. 58 in the Posen Allotment ofpart of Original One Hundred AcreLot Nos. 375 and 376 in said City,said Sublot No. 58 has a frontage of35 feet on the Northerly side ofKosciuszko Avenue (formerly Hoff-man Street) and extends 99 feetdeep to an alley, as shown by therecorded plat in Volume 20 of Maps,Page 29 of Cuyahoga CountyRecords, and that part of theSoutherly half of a 12 foot alleylying Northerly of said Sublot No. 58,vacated by Ordinances of the City ofCleveland passed September 12, 1938and being Ordinance No. 1937-38.



Section 64. That the considerationfor the subject parcel shall be estab-

lished by the Board of Control andshall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.





ing the sale of real property as partof the Land Reutilization Programand located on East 65th Street toLucius Williams and Annette Wil-liams.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 106-08-024,106-08-025 and 106-08-026, as morefully described below, to LuciusWilliams and Annette Williams.



County of Cuyahoga and State ofOhio, and known as being theSoutherly 5 feet front to rear ofSublot No. 6 and all of Sublot No. 8and the Northerly 10 feet front torear of Sublot No. 10 in Samuel B.Strangs Subdivision of part of Orig-inal One Hundred Acre Lot No. 341,as shown by the recorded plat inVolume 3 of Maps, Page 46 of Cuya-hoga County Records, and being aparcel of land 40 feet front on the

Easterly side of East 65th Street(formerly Norwood Street) andextending back of equal width 132feet 4 inches as appears by saidplat, be the same more or less, butsubject to all legal highways.


County of Cuyahoga and State ofOhio, and known as being Sublot No.12 and the Southerly 15 feet fromthe front to rear of Sublot No. 10 inSamuel B. Strange’s Allotment ofpart of Original One Hundred AcreLot No. 341, as shown by the record-ed plat in Volume 3 of Maps, Page46 of Cuyahoga County Records, andtogether forming a parcel of land 40feet front on the Easterly side ofNorwood Street, and known as East65th Street, and extending back ofequal width about 132.33 feet deepto an alley in the rear, be the samemore less, but subject to all legalhighways.



County of Cuyahoga and State ofOhio, and known as being the West-erly 95 1/3 feet of Sublot Nos. 14 and15 in Samuel B. Strang’s Allotmentof part of Original One HundredAcre Lot No. 341, as shown by therecorded plat in Volume 3 of Maps,Page 46 of Cuyahoga CountyRecords, and forming a parcel ofland 50 feet front on the Easterlyside of East 65th Street (formerlyNorwood Street) and extending backbetween parallel lines 95 feet 4 inch-es as appears by said plat, be thesame more or less, but subject to alllegal highways.







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Ord. No. 975-03.By Council Members Gordon, John-


An emergency ordinance authoriz-ing the Director of CommunityDevelopment and other Directors ofCity Departments to enter into con-tract with various agencies to pro-vide social service programs, autho-rizing the Director of CommunityDevelopment to enter into Memo-randa of Understanding with thevarious Directors of City Depart-ments, and authorizing the Directorof Parks, Recreation and Propertiesto enter into lease agreements withvarious non-profit agencies to pro-vide facilities for recreation activi-ties.



Section 1. That the Director ofCommunity Development is autho-rized to enter into or amend con-tracts with various agencies to pro-vide social service programs.

Section 2. That the Director ofPublic Safety is authorized to enterinto or amend contracts with vari-ous non-profit and governmentalagencies to provide school safetyprograms.

Section 3. That the Director ofCommunity Relations is authorizedto enter into or amend contractswith various non-profit agencies toprovide youth at risk programs.

Section 4. That, notwithstandingand as an exception to the provi-sions of Chapters 181 and 183 of theCodified Ordinances of Cleveland,Ohio, 1976, and as amended, theDirector of Parks, Recreation andProperties is authorized to enterinto lease agreements with St.Joseph’s Church of Collinwood andGreater New Calvary Baptist Churchfor a one year term in an amountnot to exceed $19,800.00 each to pro-vide facilities for recreation activi-ties.

Section 5. That the Director ofCommunity Development is autho-rized to enter into Memoranda ofUnderstandings with the Directorsof Public Safety, Community Rela-tions and Parks, Recreation andProperties for the purposes de-scribed in Sections 2, 3 and 4a b o v e .

Section 6. That the aggregatecost of the contracts authorized bythis ordinance shall be in anamount not to exceed $3,140,000.00and shall be paid from Fund Nos.14 SF 028 and 14 SF 029, RequestNo. 125745.





ing the Director of CommunityDevelopment to enter into or amendcontracts with various agencies toprovide housing, commercial, indus-trial and real estate developmentactivities.



Section 1. That the Director of Com-munity Development is authorized toenter into or amend contracts withvarious agencies to provide housing,commercial, industrial and real estatedevelopment activities.

Section 2. That the cost of saidcontracts shall be in an amount notto exceed $2,525,000.00, and shall bepaid from Fund Nos. 14 SF 028 and14 SF 029, Request No. 125744.

Section 3. That the Director ofCommunity Development is autho-rized to accept program income anduse this and other program incometo finance additional housing, com-mercial, industrial and real estatedevelopment activities, and suchprogram income is hereby appropri-ated for those purposes.

Section 4. That the Director ofCommunity Development is autho-rized to enter into or amend con-tracts with the agencies administer-ing the housing, commercial, indus-trial and real estate activities thatgenerated program income in anamount not to exceed that generat-ed program income and to be paidfrom the revolving fund in Fund 14.





ing the Director of CommunityDevelopment to enter into contractswith CDBG-eligible agencies to im-plement the Cityworks Program.



Section 1. That the Director of Com-munity Development is hereby autho-rized to enter into contracts with var-ious CDBG-eligible agencies to imple-ment the Cityworks Program.

Section 2. That the aggregate costof said contracts shall be in anamount not to exceed $250,000.00,any prior years CDBG Cityworksprogram balances, and CDBG pro-gram income, and shall be paid fromFund Nos. 14 SF 029, Request No.125741.





ing the Director of CommunityDevelopment to enter into one ormore contracts with Cleveland StateUniversity to provide various hous-ing, urban land-use, property parcel,vacant lot, and residential realestate market data services, prod-ucts, studies, and other technicalassistance in order to facilitateneighborhood planning and pro-gramming efforts.



Section 1. That the Director ofCommunity Development is autho-rized to enter into one or more con-tracts with Cleveland State Univer-sity to use the Urban Center’s Hous-ing Policy Research Program to pro-vide various housing, urban land-use, property parcel, vacant lot, andresidential real estate market dataservices, products, studies, and othertechnical assistance in order tofacilitate neighborhood planningand programming efforts for theperiod beginning January 1, 2002and ending June 30, 2004.

Section 2. That the cost of the con-tract or contracts shall be paid fromFund No. 14 SF 027, Request No.125742.



Ord. No. 979-03.By Council Members Gordon, Britt


An emergency ordinance authoriz-ing the Directors of CommunityDevelopment and Public Health toenter into contracts with variousagencies to provide AIDS-relatedservices.




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Section 1. That the Director ofPublic Health and the Director ofCommunity Development are autho-rized to enter into contracts withvarious agencies to provideHIV/AIDS prevention, education,under File No. 979-03-A, and in addi-tion, the sum of not more than$117,500 is appropriated to the De-partment of Public Health foradministrative costs of implement-ing the contracts authorized by thisordinance. Any agency that receivesfunds under this ordinance shall berequired to comply with the evalua-tion services provided by ClevelandState University’s School of SocialWork.

Section 2. That the Director ofPublic Health and the Director ofCommunity Development are autho-rized to enter into a memorandumof understanding for this programin accordance with the terms autho-rized by this legislation.

Section 3. That the cost of the con-tracts authorized shall not exceed$672,500 and shall be paid fromFund Nos. 13 SF 172 and 14 SF 029,Request No. 121909.





ing the Director of Law to apply forand accept a grant from the Crimi-nal Justice Services Agency for the2003 Team Approach to ViolenceAgainst Women Program – Prosecu-tion; and to enter into one or morecontracts with the County of Cuya-hoga and L.J.D. & Associates toimplement the program.



Section 1. That the Director ofLaw is authorized to apply for andaccept a grant in the amount of$194,950, from the Criminal JusticeService Agency, to conduct the 2003Team Approach to Violence AgainstWomen Program – Prosecution, forthe purposes set forth in the appli-cation and according thereto; thatthe Director of Law is authorized tofile all papers and execute all doc-uments necessary to receive thefunds under the grant; and that saidfunds are appropriated for the pur-poses set forth in the application forthe grant.

Section 2. That the application forthe grant, File No. 982-03-A, made apart hereof as if fully rewritten,including the obligation of the Cityof Cleveland to provide cash match-ing funds in the sum of $64,983 fromFund Nos. 01-100105-639905 and 01-100106-639905, is approved in allrespects.

Section 3. That the Director ofLaw is authorized to enter into oneor more contracts with the Countyof Cuyahoga and L.J.D. & Associatesto implement the program asdescribed in the file, payable fromthe fund or funds to which are cred-ited the grant proceeds and cashmatch accepted under this ordi-nance.





An emergency ordinance authoriz-ing the issuance and sale of up to$7,200,000 City of Cleveland, OhioEconomic Development RevenueBonds, Series 2003A (Lower EuclidAvenue Project) and up to $2,000,000City of Cleveland, Ohio EconomicDevelopment Revenue Bonds, Series2003B (Lower Euclid Avenue Pro-ject) for the purpose of assistingcertain property owners in thefinancing of costs of “projects”within the meaning of Chapter 165,Ohio Revised Code, and authorizingthe execution and delivery of loanagreements and a trust indenturesecuring the payment of the bonds;establishing certain funds of thecity; and related matters.

Whereas, the City of Cleveland,Ohio (the “Issuer”), a municipal cor-poration and political subdivision inand of the State of Ohio, is autho-rized and empowered, by virtue ofthe laws of the State of Ohio, includ-ing without limitation, Section 13 ofArticle VIII, Ohio Constitution, andChapter 165, Ohio Revised Code, (a)to issue its revenue bonds for thepurpose of making a loan to assistin the financing of costs of acquir-ing, constructing, installing, equip-ping or improving a “project,” asdefined in Section 165.01, Ohio Re-vised Code, (b) to enter into loanagreements and to provide for “rev-enues,” as defined in Section 165.01,sufficient to pay the principal ofand interest and any premium onthose revenue bonds, (c) to securethose revenue bonds by a trustindenture, as provided herein, and(d) to adopt this Ordinance and toenter into the Trust Indenture andthe Agreements, all as defined here-in, upon the terms and conditionsprovided herein and therein; and

Whereas, the Issuer has deter-mined that it is necessary anddesirable to issue its EconomicDevelopment Revenue Bonds, Series2003A and Series 2003B (LowerEuclid Avenue Project) (i) to assistin the financing of the costs ofacquiring, constructing, installing,equipping or improving “projects,”as defined in Section 165.01, OhioRevised Code, and (ii) to pay cer-tain costs of issuance in connectionwith such Series 2003A and Series2003B Bonds; and

Whereas, the proposed forms ofthe Indenture and the Agreements(as such terms are defined herein)have been placed on file with theIssuer prior to this meeting; and

Whereas, this ordinance consti-tutes an emergency measure in thatthe same provides for the immediatepreservation of the public property,health and safety, and for the fur-ther reason that approval of thefunding of each Project will stimu-late the creation and preservation ofjob opportunities and advance andpromote residential, commercial andeconomic development in the Projectareas; now, therefore,


Section 1. Definitions. In additionto the words and terms defined else-where in this Ordinance or in theIndenture, the following words andterms as used in this Ordinanceshall have the meanings set forthbelow. Capitalized words and termsnot defined in this Section or else-where in this Ordinance and usedherein shall have the meaningsassigned to them in the Indenture,including Exhibit A thereto which isincorporated herein by reference,unless the context or use clearlyindicates another meaning or intent:

“238 Euclid” means 238 Euclid,LLC, an Ohio limited liability com-pany, and its successors and as-signs.

“238 Euclid Loan Agreement”means the Agreement, to be datedas of the first day of the month inwhich the Closing Date of the Series2003A Bonds occurs, by and betweenthe Issuer and 238 Euclid, as amend-ed and supplemented from time totime.

“238 Euclid Project” means theconstruction and renovation of com-mercial restaurant and retail facili-ties, all as more fully described inExhibit A to the 238 Euclid LoanAgreement.

“318 Euclid” means 318 Euclid, LLC,an Ohio limited liability company,and its successors and assigns.

“318 Euclid Loan Agreement”means the Agreement, to be datedas of the first day of the month inwhich the Closing Date of the Series2003A Bonds occurs, by and betweenthe Issuer and 318 Euclid, as amend-ed and supplemented from time totime.

“318 Euclid Project” means theconstruction and renovation of com-mercial restaurant and retail facili-ties, all as more fully described inExhibit A to the 318 Euclid LoanAgreement.

“Act” means Chapter 165, OhioRevised Code, as enacted andamended from time to time pursuantto Section 13 of Article VIII of theOhio Constitution.

“Agreement” or “Agreements”means the 238 Euclid Loan Agree-ment, the 318 Euclid Loan Agree-ment and the OSF Loan Agreement.

“Authorized Denominations” means$100,000 and any larger denomina-tion constituting an integral multi-ple of $1,000, unless otherwise pro-vided in the Final Terms Certificate.

“Bond” or “Bonds” means theSeries 2003A and the Series 2003BBonds.

“Bond Funds” means the Series2003A Bond Fund and the Series2003B Bond Fund created under theIndenture.


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“Bond Service Charges” means, forany period of time, the principal of(whether at stated maturity, bymandatory sinking fund redemption,or otherwise) and interest, and anypremium due on the Bonds for thatperiod or payable at that time, asthe case may be.

“Borrower” or “Borrowers” means238 Euclid, 318 Euclid and OSF, andtheir lawful successors and assigns,to the extent permitted by theAgreements.

“City” means the City of Cleve-land, Ohio.

“Clerk” means the Clerk of theCouncil of the Issuer.

“Closing Date” means, with re-spect to any Series of Bonds, thedate on which the Bonds of thatSeries are delivered to the OriginalPurchaser thereof and paymenttherefor is made to the Issuer.

“Codified Ordinances” means theCodified Ordinances of the City ofCleveland.

“Council” means the Council of theCity of Cleveland, Ohio.

“District” means the real propertydescribed in Ordinance No. 2247-02,passed by the Council on December16, 2002.

“Economic Development Director”means the Director of EconomicDevelopment of the City.

“Euclid/Prospect II TIF Fund”means the urban redevelopment taxincrement equivalent fund estab-lished by the City in Ordinance No.2247-02 pursuant to Section 5709.43,Ohio Revised Code.

“Final Terms Certificate” meansthe Series 2003A Final Terms Cer-tificate, the Series 2003B-1 FinalTerms Certificate and the Series2003B-2 Final Terms Certificate.

“Fiscal Officer” means the Direc-tor of Finance of the Issuer.

“Holder” or “Holder of a Bond”means the person in whose name aBond is registered on the Registerfor which provision is made in theIndenture.

“Indenture” means the TrustIndenture, between the Issuer andthe Trustee, to be dated as of thefirst day of the month in which theClosing Date of the Series 2003ABonds occurs, as amended or sup-plemented from time to time.

“Interest Payment Date” meanseach June 15 and December 15 com-mencing December 15, 2003, or suchother Interest Payment Date asdefined in the applicable FinalTerms Certificate.

“Issuer” means the City. “Law Director” means the Director

of Law of the Issuer.“Loan” means the loan by the

Issuer to each Borrower of a portionof the proceeds received from thesale of the various Series of Bonds.

“Loan Payments” means theamounts required to be paid by eachBorrower in repayment of the Loanpursuant to the provisions of eachrespective Agreement.

“Mandatory Redemption Dates”means the Principal Payment Dateor Dates on which each Series ofBonds shall be subject to Mandato-ry Sinking Fund Redemption.

“Mandatory Sinking Fund Re-demption Requirements” means, asto the Bonds, the deposits requiredto be made in respect of the manda-tory redemption requirements as setforth in the Indenture.

“Mayor” means the Mayor of theCity.

“Nontax Revenues” means allmoney of the Issuer that is notmoney raised by taxation, to theextent available, if needed, fordeposit in the Bond Fund as pro-vided in the Indenture, includingbut not limited to the following: (a)charges for services and paymentsreceived in reimbursement for ser-vices; (b) payments in lieu of taxesnow or hereafter authorized by Statestatute; (c) fines and forfeitures;(d) fees from properly imposedlicenses and permits; (e) investmentearnings on any funds of the Issuerthat are credited to the Issuer’s Gen-eral Fund; (f) proceeds from thesale of assets; (g) rental income;(h) grants from the United States ofAmerica and the State of Ohio; (i)gifts and donations; and (j) ProjectRevenues.

“Ordinance” means this Ordinanceproviding for the issuance of theBonds and approving the Agree-ments, the Indenture and relatedmatters.

“Original Purchaser” means withrespect to the Series 2003A Bondsand the Series 2003B-1 Bonds, theCity, and with respect to the 2003B-2 Bonds, Cleveland New MarketsInvestment Fund, LLC.

“OSF” means OSF Properties, Inc.,an Ohio corporation, and its succes-sors and assigns.

“OSF Loan Agreement” means theAgreement, to be dated as of thefirst day of the month in which theClosing Date of the Series 2003ABonds occurs, by and between theIssuer and OSF, as amended andsupplemented from time to time.

“OSF Project” means the construc-tion of an approximately 550-spaceparking garage, all as more fullydescribed in Exhibit A to the OSFLoan Agreement.

“Other Property Excess ServicePayments” means Service Paymentsin excess of $25,000 in the aggregatederived from property owned by anyproperty owner or its affiliates(other than affiliates of OSF, and itssuccessors and assigns) who has notreceived proceeds of the Bonds.

“Person” or words importing per-sons mean firms, associations, part-nerships (including without limita-tion, general and limited partner-ships), joint ventures, societies,estates, trusts, corporations, publicor governmental bodies, other legalentities, and natural persons.

“Pledged Nontax Revenues” means(i) all Project Revenues, (ii) pro-ceeds of any series of Bonds to beused to pay capitalized interest orotherwise to be available to payBond Service Charges, (iii) allmoney in the Special Funds, and(iv) all income and profit from theinvestment of the foregoing money.

“Principal Payment Date” meansPrincipal Payment Date as definedin the applicable Final Terms Cer-tificate.

“Projects” means, collectively, the238 Euclid Project, the 318 EuclidProject and the OSF Project.

“Project Fund” means the Series2003A Project Fund and the Series2003B Project Fund as establishedunder the Indenture.

“Project Purposes” means theacquisition, construction, rehabilita-tion and renovation of real and per-sonal property consisting of com-mercial facilities for parking, enter-tainment and retail sales purposes,or any other use which may be per-

mitted by the Act and the Agree-ments.

“Project Revenues” means (a) theService Payments (other than theOther Property Excess Service Pay-ments) (b) the Loan Payments, (c)all amounts payable to the Trusteewith respect to the principal orredemption price of, or interest on,the Bonds (i) by each Borrower asrequired under the Agreements and(ii) upon deposit in the Bond Fundfrom the proceeds of the Bonds, (d)any moneys and investments in eachProject Fund, and (e) investmentincome with respect to any of theforegoing.

“Regular Record Date” means thefirst day of the calendar month inwhich an Interest Payment Dateoccurs.

“Series 2003A Bond Fund” meansthe Series 2003A Bond Fund estab-lished under the Indenture.

“Series 2003A Bonds” means theSeries 2003A-1 Bonds and the Series2003A-2 Bonds.

“Series 2003A Final Terms Certifi-cate” means the certificate or cer-tificates authorized under Section 5of this Ordinance with respect to theSeries 2003A-1 Bonds and the Series2003A-2 Bonds, to be signed by theFiscal Officer, setting forth anddetermining those terms or othermatters pertaining to the Series2003A Bonds and their issuance,sale, and delivery as this Ordinancerequires or authorizes to be set forthor determined therein, in substan-tially the form put on file with theClerk in connection with this Ordi-nance in File No. 983-03-A.

“Series 2003A-1 Bonds” means theCity of Cleveland, Ohio EconomicDevelopment Revenue Bonds, Series2003A-1 (Lower Euclid Avenue Pro-ject).

“Series 2003A-2 Bonds” means theCity of Cleveland, Ohio EconomicDevelopment Revenue Bonds, Series2003A-2 (Lower Euclid Avenue Pro-ject).

“Series 2003B Bond Fund” meansthe Series 2003B Bond Fund estab-lished under the Indenture.

“Series 2003B Bonds” means theSeries 2003B-1 Bonds and the Series2003B-2 Bonds.

“Series 2003B-1 Final Terms Cer-tificate” means the certificate or cer-tificates authorized under Section 5of this Ordinance with respect to theSeries 2003B-1 Bonds, to be signedby the Fiscal Officer, setting forthand determining those terms orother matters pertaining to theBonds and their issuance, sale, anddelivery as this Ordinance requiresor authorizes to be set forth ordetermined therein, in substantiallythe form put on file with the Clerkin connection with this Ordinance inthe above-mentioned File.

“Series 2003B-2 Final Terms Cer-tificate” means the certificate or cer-tificates authorized under Section 5of this Ordinance with respect to theSeries 2003B-2 Bonds, to be signedby the Fiscal Officer, setting forthand determining those terms orother matters pertaining to theBonds and their issuance, sale, anddelivery as this Ordinance requiresor authorizes to be set forth ordetermined therein, in substantiallythe form put on file with the Clerkin connection with this Ordinance inthe above-mentioned File.

“Series 2003B-1 Bonds” means theCity of Cleveland, Ohio Economic


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Development Revenue Bonds, Series2003B-1 (Lower Euclid Avenue Pro-ject).

“Series 2003B-2 Bonds” means theCity of Cleveland, Ohio EconomicDevelopment Revenue Bonds, Series2003B-2 (Lower Euclid Avenue Pro-ject).

“Service Payments” means the ser-vice payments in lieu of taxes madepursuant to the TIF Agreement, tobe held in the Euclid/Prospect IITIF Fund.

“Special Funds” means the SpecialFunds as defined in the Indenture.

“State” means the State of Ohio. “TIF Agreement” means the Tax

Increment Financing Agreementbetween the City and Lower EuclidAvenue LLC, dated as of December20, 2002.

“Trustee” means the Trustee asset forth in each Final Terms Cer-tificate, until a successor Trusteeshall have become such pursuant tothe applicable provisions of theIndenture, and thereafter “Trustee”shall mean the successor Trustee.

The captions and headings in thisOrdinance are solely for convenienceof reference and do not define, limit,or describe the scope or intent ofany provisions or Sections of thisOrdinance.

Section 2. Determinations by thisCouncil. This Council finds anddetermines that (i) each Project isa “project” as defined in the Act andis consistent with the purposes ofSection 13 of Article VIII, Ohio Con-stitution; (ii) the utilization of eachProject is in furtherance of the pur-poses of the Act and will benefit thepeople of the Issuer and of the Stateby creating jobs and employmentopportunities and improving theeconomic welfare of the people ofthe Issuer and the State; and (iii)provision of the loans to financecosts of each Project, includingwithout limitation the financingthereof, will require the issuance,sale, and delivery of the Bonds inan aggregate principal amount notto exceed $9,200,000, issued asdescribed below.

This Council hereby determinesthat the following conditions rela-tive to the Projects establishedunder Section 8 of Ordinance No.2247-02, passed by the Council onDecember 16, 2002, have been met:

(a) The Projects are restaurant orentertainment facilities and parkingfacilities containing at least 250parking spaces for use by residentsor patrons of residential, retail,restaurant or entertainment facili-ties within the District; and

(b) The Projects which are restau-rant or entertainment facilities meetthe following criteria:

(i) the Projects, or a portion there-of, shall be leased to anchor tenantsleasing a minimum of 5,000 squarefeet;

(ii) the cost of tenant improve-ments for each of the Projects is atleast $125 per square foot;

(iii) the proposed tenant is ananchor tenant which, in the reason-able judgment of the owner of theproposed Projects, and not objectedto by the Director of EconomicDevelopment, would attract cus-tomers from an area greater than 50miles from the location of the Pro-jects; and

(iv) the lease term for each of theProjects is at least five (5) years.

Section 3. Authorization of Bonds.This Council finds and determinesthat it is necessary to, and theIssuer shall, issue, sell, and deliver,as provided and authorized hereinand in the Indenture and pursuantto the authority of the Act, up to$7,200,000 aggregate principalamount of Series 2003A Bonds, up to$1,000,000 aggregate principalamount of Series 2003B-1 Bonds andup to $1,000,000 aggregate principalamount of Series 2003B-2 Bonds forthe purpose of making loans toassist 238 Euclid, 318 Euclid andOSF, respectively, in the financingof costs of each Project. The Series2003A Bonds shall be designated“City of Cleveland, Ohio EconomicDevelopment Revenue Bonds, Series2003A (Lower Euclid Avenue Pro-ject),” and shall include two sub-series of Bonds labeled Series 2003A-1 and Series 2003A-2. The Series2003B Bonds shall be designated“City of Cleveland, Ohio EconomicDevelopment Revenue Bonds, Series2003B (Lower Euclid Avenue Pro-ject),” and shall include two sub-series of Bonds labeled Series 2003B-1 and 2003B-2.

Section 4. Terms and Provisions ofBonds.

(a) Generally. The Bonds (i)shall be issued, unless a supple-mental indenture shall have beenexecuted and delivered pursuant tothe Indenture, only in fully regis-tered form, substantially as set forthin the Indenture; (ii) shall beexchangeable for Bonds of the sameSeries of Authorized Denominations,as provided in the Indenture; (iii)shall be numbered in such manneras to distinguish each Bond fromany other Bond; (iv) shall be inAuthorized Denominations; (v) shallbe subject to optional and mandato-ry redemption, in the amounts, uponthe conditions, and at the times andprices, and shall have such otherterms as are set forth in each FinalTerms Certificate provided for inSection 5 hereof and in the Inden-ture; and (vi) shall be dated theirdate of delivery, as may be estab-lished in each Final Terms Certifi-cate. Each Bond shall bear interest,in accordance with the Indenture,from the most recent date to whichinterest has been paid or duly pro-vided for or, if no interest has beenpaid or duly provided for, from itsdate.

In the manner and to the extent,if any, so provided in each FinalTerms Certificate, the Issuer’spledge of the Nontax Revenues withrespect to the Bonds shall be sub-ordinated to the Issuer’s pledge ofsuch other obligations designated ineach Final Terms Certificate assenior to the Bonds.

(b) Interest Rates and PaymentDates. The Bonds shall bear the rateor rates of interest per year (com-puted on a 360-day year of 12months, each consisting of 30 days),as shall be established, subject tosubsection (d) of this Section, ineach Final Terms Certificate. Inter-est on the Bonds shall be payable atsuch rate or rates on the InterestPayment Dates until the principalamount has been paid or providedfor.

(c) Principal Payment Schedule.The aggregate principal amounts ofBonds to be issued; the PrincipalPayment Dates, including the dates

on which the Bonds are stated tomature and the amount thereof thatare stated to mature on each suchdate; the Mandatory RedemptionDates, and the Mandatory SinkingFund Redemption Requirements foreach Mandatory Redemption Dateare set forth in the applicable FinalTerms Certificate.

(d) Conditions for Establishmentof Interest Rates and Principal Pay -ment Dates and Amounts. The rateor rates of interest per year to beborne by each Series of Bonds andthe amount of each Series of Bondsmaturing or payable pursuant toMandatory Sinking Fund Redemp-tion Requirements on each PrincipalPayment Date shall be such that theweighted average maturity of theBonds shall not exceed 30 years, andthe final Principal Payment Dateshall occur not later than December31, 2033. The weighted average ofthe rate or rates of interest per yearto be borne by the Bonds, deter-mined by taking into account therespective principal amounts of theBonds and terms to maturity ormandatory sinking fund redemptionof those principal amounts of Bonds,shall not exceed 8% per year.

(e) Payment of Bond ServiceCharges. The Bond Service Chargeson the Bonds shall be payable inlawful money of the United Statesof America without deduction forthe services of the Trustee as pay-ing agent. Principal of the Bondsshall be payable when due upon pre-sentation and surrender of theBonds at the principal corporatetrust office of the Trustee. Intereston the Bonds shall be paid on eachInterest Payment Date by check ordraft mailed to the person in whosename the Bond was registered, andto that person’s address appearing,on the Bond Register at the close ofbusiness on the Regular RecordDate.

(f) Redemption Provisions. Ex-cept as otherwise provided in eachFinal Terms Certificate consistentwith the determination by the Fis-cal Officer of the best interest ofand financial advantages to theIssuer, the Bonds shall be subject toredemption prior to stated maturityas follows:

(i) Mandatory Sinking Fund Re -demption. The Bonds shall be sub-ject to mandatory redemption inpart by lot and be redeemed pur-suant to Mandatory Sinking FundRequirements, as set forth above.

(ii) Optional Redemption. TheBonds shall also be subject toredemption at the option of theIssuer in accordance with the termsand conditions set forth in eachFinal Terms Certificate and in theIndenture at a redemption price of100% of the amount redeemed plusaccrued interest to the redemptiondate.

If money for the redemption of allof the Bonds and portions thereof tobe redeemed, together with accruedinterest thereon to the redemptiondate, is held by the Trustee on theredemption date, so as to be avail-able therefor on that date and ifnotice of redemption has beendeposited in the mail as aforesaid,then from and after the redemptiondate those Bonds and portions there-of called for redemption shall ceaseto bear interest and no longer shallbe considered to be outstanding. Ifthat money shall not be so available


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on the redemption date, or thatnotice shall not have been deposit-ed in the mail as aforesaid, thoseBonds and portions thereof shallcontinue to bear interest, until theyare paid, at the same rate as theywould have borne had they not beencalled for redemption. All moneyheld by the Trustee for the redemp-tion of particular Bonds shall beheld in trust for the account of theregistered owners thereof and shallbe paid to them, respectively, uponpresentation and surrender of thoseBonds.

(g) Signing. The Bonds shall besigned by the Mayor and the FiscalOfficer, and approved as to form bythe Law Director, provided that anyor all of such signatures may be fac-similes, and shall bear the corporateseal of the Issuer or a facsimilethereof.

Section 5. Sale of the Bonds. TheFiscal Officer is hereby authorizedand directed to negotiate and ap-prove the sale of each Series ofBonds with the Original Purchaserfor such Bonds, at the purchaseprice established in each FinalTerms Certificate, which purchaseprice shall not be less than the prin-cipal amount of each series of Bondsplus accrued interest, and in accor-dance with the terms and provisionsof this Ordinance, and to determinethe interest rates on and the aggre-gate principal amount and principalmaturities of the Bonds in order toconsummate the sale of the Series2003A Bonds and the Series 2003B-1Bonds on or around June 1, 2003,and the Series 2003B-2 Bonds on oraround December 1, 2004, subject tothe limitations contained in Section4 hereof. Such approval shall be evi-denced by the signing of each FinalTerms Certificate by the Fiscal Offi-cer that sets forth and shall setforth the principal amount of andinterest rates on the Bonds and thematurity schedule of the Bondstogether with any other mattersrequired under this Ordinance. EachFinal Terms Certificate shall beincorporated in and form a part ofthis Ordinance. The Fiscal Officer isalso hereby authorized and directedto determine the extent, if any, andmanner in which the Issuer’s pledgeof Nontax Revenues with respect tothe Bonds will be subordinated tothe pledge of such Revenues withrespect to any obligations designat-ed in each Final Terms Certificateas senior to each Series of Bonds.

The agreement of Cleveland NewMarkets Investment Fund, LLC asOriginal Purchaser to purchase theSeries 2003B-2 Bonds shall be evi-denced by its signature on the FinalTerms Certificate for the Series2003B-2 Bonds. The Fiscal Officer isauthorized to make the necessaryarrangements on behalf of theIssuer to establish the date, loca-tion, procedure, and conditions forthe delivery of each Series of Bondsto each Original Purchaser. Thatofficer is further authorized to takeall actions necessary to effect duesigning, authentication, and deliv-ery of the Bonds under the terms ofthis Ordinance and the Indenture.

It is determined that the parame-ters for the terms of the Bonds, andthe sale thereof at private sale, allas provided for in this Ordinance,are in the best interest of and mostadvantageous for the Issuer and in

compliance with all legal require-ments.

Section 6. Application of Proceedsof the Bonds.

(a) The proceeds of the sale ofthe Series 2003A-1 Bonds shall beallocated and deposited as follows:

(i) To the Series 2003A-1 ExpenseAccount of the Series 2003A ProjectFund, the amount necessary to paythe costs of issuance of the Series2003A-1 Bonds.

(ii) To Series 2003A-1 School Dis-trict Account of the Series 2003AProject Fund, $115,444.

(iii) To the 318 Euclid Account ofthe Series 2003A Project Fund, anamount equal to five-sevenths (5/7)of the balance of the Series 2003A-1Bond Proceeds to pay the costs ofthe acquisition, construction, reha-bilitation, and renovation of the 318Euclid Project.

(iv) To the OSF Account of theSeries 2003A Project Fund, anamount equal to two-sevenths (2/7)of the balance of the Series 2003A-1Bond Proceeds to pay the costs ofthe acquisition, construction, reha-bilitation, and renovation of the OSFProject.

(b) The proceeds of the sale ofthe Series 2003A-2 Bonds shall beallocated and deposited as follows:

(i) To the Series 2003A-2 ExpenseAccount of the Series 2003A ProjectFund, the amount necessary to paythe costs of issuance of the Series2003A-2 Bonds.

(ii) To the 318 Euclid Account ofthe Series 2003A Project Fund, anamount equal to five-sevenths (5/7)of the balance of the Series 2003A-2Bond Proceeds to pay the costs ofthe acquisition, construction, reha-bilitation, and renovation of the 318Euclid Project.

(iii) To the OSF Account of theSeries 2003A Project Fund, anamount equal to two-sevenths (2/7)of the balance of the Series 2003A-2Bond Proceeds to pay the costs ofthe acquisition, construction, reha-bilitation, and renovation of the OSFProject.

(c) The Proceeds of the sale ofthe Series 2003B-1 Bonds shall beallocated and deposited as follows:

(i) To the Series 2003B-1 ExpenseAccount of the Series 2003B ProjectFund, the amount necessary to paythe costs of issuance of the Series2003B-1 Bonds.

(ii) To the 318 Euclid Account ofthe Series 2003B Project Fund, anamount equal to the balance of theSeries 2003B-1 Bond Proceeds to paythe costs of the acquisition, con-struction, rehabilitation, and reno-vation of the 318 Euclid Project.

(d) The Proceeds of the sale ofthe Series 2003B-2 Bonds shall beallocated and deposited as follow:

(i) To the Series 2003B-2 ExpenseAccount of the Series 2003B ProjectFund, the amount necessary to paythe costs of issuance of the Series2003B-2 Bonds.

(ii) To the 238 Euclid Account ofthe Series 2003B Project Fund, anamount equal to the balance of theSeries 2003B-2 Bond Proceeds to paythe costs of the acquisition, con-struction, rehabilitation, and reno-vation of the 238 Euclid Project.

Section 7. Payment and Securityfor the Bonds. The Bonds are spe-cial obligations of the Issuer. TheBonds do not and shall not represent

or constitute a debt or pledge of thefaith or credit or taxing power ofthe Issuer, and the owners of theBonds have no right to have taxeslevied by the Issuer for the paymentof Bond Service Charges, and eachBond shall contain a statement tothat effect; provided, however, thatnothing herein shall be deemed toprohibit the Issuer, of its own voli-tion, from using to the extent it islawfully authorized to do so, anyother resources for the fulfillment ofany of the terms, conditions or oblig-ations of the Indenture, this Ordi-nance or the Bonds.

(a) Payment. Bond ServiceCharges on the Bonds are payablesolely from the Project Revenuesand from other moneys of the Citylawfully available therefor includ-ing, without limitation, Nontax Rev-enues, which Nontax Revenues arehereby determined by the Issuer,pursuant to Section 165.12 of theOhio Revised Code, to be money thatis not raised by taxation.

(b) Security. Payment of theBonds is secured by a pledge of andan assignment of the Nontax Rev-enues and the grant of a securityinterest in the Pledged Nontax Rev-enues to the extent provided in thisOrdinance and in the Indenture; pro-vided, however, that the Issuer’spledge of Nontax Revenues withrespect to any Series of the Bondsshall be subordinated in the mannerand to the extent, if any, set forthin the applicable Final Terms Cer-tificate with respect to the Issuer’spledge of such Nontax Revenues tosecure any obligations designated inthe applicable Final Terms Certifi-cate as senior to the Bonds.

The Issuer hereby covenants andagrees that, as and to the extentprovided in the Indenture, it shallappropriate in its annual appropria-tion measure for each year NontaxRevenues in an amount sufficient topay all Bond Service Charges dueand payable in the then currentyear, less any amounts remaining inthe Bond Funds after all Bond Ser-vice Charges for the prior year havebeen paid.

The Bonds do not and shall notrepresent or constitute a debt orpledge of the faith or credit or tax-ing power of the Issuer, and theowners of the Bonds have no rightto have taxes levied by the Issuerfor the payment of Bond ServiceCharges.

Nothing herein shall be construedas requiring the Issuer to use orapply to the payment of Bond Ser-vice Charges any funds or revenuesfrom any source other than NontaxRevenues. Nothing herein, however,shall be deemed to prohibit theIssuer, of its own volition, fromusing, to the extent that it is autho-rized by law to do so, any otherresources for the fulfillment of anyof the terms, conditions or obliga-tions of this Ordinance or of theBonds.

Section 8. Covenants of Issuer.The Issuer, by issuance of theBonds, covenants and agrees withthe Holders of the Bonds as follows:

(a) Use of Proceeds. The Issuerwill use the proceeds of the Bondsfor the Project Purposes stated here-in.

(b) Segregation of Funds. TheIssuer will direct the Trustee to seg-regate, for accounting purposes, the


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Funds established under the Inden-ture from all other revenues andfunds of the Issuer.

(c) The Transcript of Proceed -ings. The Clerk of this Council, orother appropriate officer of theIssuer, will furnish to each OriginalPurchaser and to the Trustee a truetranscript of proceedings, certifiedby the Clerk of this Council or otherofficer, of all proceedings had withreference to the issuance of theBonds, together with such informa-tion from the Issuer’s records as isnecessary to determine the regular-ity and validity of such issuance.

(d) Further Acts. The Issuer will,at any and all times, cause to bedone all such further acts andthings and cause to be signed anddelivered all such further instru-ments as may be necessary to carryout the purpose of the Bonds andany ordinance authorizing the sameor as may be required by the Act.

(e) Obligations of Issuer. TheIssuer will observe and perform allits agreements and obligations pro-vided for by the Bonds, the Inden-ture, or this Ordinance. All of theobligations under this Ordinanceand the Indenture are hereby estab-lished as duties specifically en-joined by law and resulting from anoffice, trust or station upon theIssuer within the meaning of Sec-tion 2731.01 of the Ohio RevisedCode.

(f) Prevailing Wage Rates. As pro-vided in Section 165.031, Ohio RevisedCode, all wages paid to laborers andmechanics employed on each Projectshall be paid at not less than the pre-vailing rates of wages of laborersand mechanics for the class of workcalled for by each Project, whichwages shall be determined in accor-dance with the requirements of Chap-ter 4115, Ohio Revised Code, fordetermination of prevailing wagerates; provided, that if the Borroweror other nonpublic user of each Pro-ject undertakes, as part of each Pro-ject, construction to be performed byits regular bargaining unit employ-ees who are covered under a collec-tive bargaining agreement whichwas in existence prior to the date ofthe commitment instrument under-taking to issue the Bonds, then, inthat event, the rate of pay providedunder the collective bargainingagreement may be paid to thosee m p l o y e e s .

Section 9. The Indenture and theAgreements. To provide for theissuance and sale of the Bonds andthe consummation of the transac-tions contemplated therein, the Fis-cal Officer is authorized and direct-ed, for and in the name and onbehalf of the Issuer, to execute,acknowledge and deliver, the Inden-ture and each Agreement approvedas to form and correctness by theLaw Director and in substantially inthe form put on file with the Clerkin connection with this Ordinance inthe above-mentioned File. Thoseinstruments are approved withchanges therein as are not incon-sistent with this Ordinance and notadverse to the Issuer and which arepermitted by the Act and the lawsof Ohio and as shall be approved bythe Fiscal Officer executing theIndenture and each Agreement; pro-vided, that the approval of thosechanges by the Fiscal Officer, andtheir character as not being sub-

stantially adverse to the Issuer,shall be conclusively evidenced bythe signing of those instruments bythe Fiscal Officer and the LawDirector.

Section 10. Other Documents andActions. The Mayor, the Fiscal Offi-cer, the Law Director, the Clerk andany other appropriate officer of theIssuer, alone or in conjunction withany of the foregoing, are authorizedand directed to execute any certifi-cations, financing statements, as-signments and instruments (includ-ing but not limited to interest ratehedges, swap agreements, and for-ward purchase agreements) andopinions, and to take such otheractions, as are desirable, advisable,necessary, or appropriate to perfectthe assignments set forth in theIndenture and to consummate thetransactions contemplated in thisOrdinance, the Indenture and eachAgreement.

Section 11. Compliance with OpenMeeting Requirements. It is foundand determined that all formalactions of this Council concerningand relating to the passage of thisOrdinance were passed in an openmeeting of this Council, and that alldeliberations of this Council and ofany of its committees that resultedin those formal actions, were inmeetings open to the public, in com-pliance with the law.

Section 12. Severability. Each sec-tion of this Ordinance and each sub-division or paragraph of any sectionthereof is declared to be indepen-dent and the finding or holding ofany section or any subdivision orparagraph of any section thereof tobe invalid or void shall not bedeemed or held to affect the validi-ty of any other section, subdivisionor paragraph of this Ordinance.

Section 13. Emergency. This ordi-nance is hereby declared to be anemergency measure and, provided itreceives the affirmative vote of two-thirds of all the members elected toCouncil, it shall take effect and bein force immediately upon its adop-tion and approval by the Mayor; oth-erwise, it shall take effect and bein force from and after the earliestperiod allowed by law.




ing the Director of Finance to enterinto one or more concession agree-ments for the provision of pay tele-phone service at various City facili-ties, but excluding the rights-of-wayof the City, for a term not to exceedthree years, with two one-yearoptions to renew.



Section 1. That, notwithstandingany provision of the Codified Ordi-nances of Cleveland, Ohio, 1976, tothe contrary, after approval of the

concessionaire by the City Councilthe Director of Finance is autho-rized to enter into one or more con-cession agreements for the provisionof pay telephone service at variousCity facilities, but excluding any ofthe rights-of-way of the City. Thefacilities may include ClevelandHopkins International Airport, theConvention Center, City Hall, Cityjails, and other City facilities, orany combination of these facilities,all if deemed advantageous in theopinion of the Director of Finance.The Director of Finance shall con-duct a full and complete canvass ofqualified vendors. The compensationto be paid to the City under this bythis ordinance shall be for a termnot to exceed three years, with twoone-year options to renew, exercis-able by the Director of Finance, andshall be prepared by the Director ofLaw, and approved and certified bythe Director of Finance.




departmental request).An emergency ordinance to amend

Section 3 of Ordinance No. 1989-01,passed October 22, 2001, relating tocontracts for the placement of paytelephones in the right-of-way.



Section 1. That Section 3 of Ordi-nance No. 1989-01, passed October 22,2001, is amended to read as follows:

Section 3. That the contracts forpay telephones in the right-of-waythat are authorized by Section670B.03 shall be prepared by theDirector of Law and contain suchterms as may be necessary in theopinion of the Director of Law andDirector of Finance to protect theinterests of the City. A copy of anycontract form that is proposed to beused for right-of-way pay telephonesshall be submitted to the Clerk ofCouncil at least thirty (30) daysprior to the execution of any con-tract using said contract form.

Section 2. That existing Section 3of Ordinance No. 1989-01, passedOctober 22, 2001, is repealed.




1538

Ord. No. 986-03.By Councilman Jackson (by departmental request).An emergency ordinance authorizing the Director of Finance to pay as Moral Claims the sums opposite the names of

the claimants.Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal

department; now, therefore,Be it ordained by the Council of the City of Cleveland:Section 1. That the Director of Finance is authorized to pay as Moral Claims the sums opposite the names of

the following claimants and charged against the fund numbers opposite the names of the claimants:

Claimant Claim No. Amount Division FundPatricia Cangelosi-Williams 11165 $ 4 , 3 1 8 . 1 0 Park Maintenance 01-701205-672000William C. Beverly, III 11307 212.93 Park Maintenance 01-701205-672000Mary Hughey 11410 25.00 Park Maintenance 01-701205-672000Hattie M. Brown 11472 790.00 Park Maintenance 01-701205-672000Karl F. Morris 11512 28.00 Park Maintenance 01-701205-672000Brenda Glass 11474 $ 140.00 Park Maintenance 62 SF 001

(Cemeteries)Ethel Minters 11485 3,725.00 Park Maintenance 62 SF 001

(Cemeteries)Ronald Perrott 11491 475.00 Park Maintenance 62 SF 001

(Cemeteries)David Henderson 11507 2,086.50 Park Maintenance 62 SF 001

(Cemeteries)Earlene E. McCurdy 11569 582.17 Park Maintenance 62 SF 001

(Cemeteries)Rubin Jones 11365 $ 495.00 Park Maintenance 01-701204-672000

(Urban Forestry)Eunous Spencer 11466 250.00 Park Maintenance 01-701204-672000

(Urban Forestry)Gary A. Jones 11475 250.00 Park Maintenance 01-701204-672000

(Urban Forestry)Lovie Finch 11479 3,518.00 Park Maintenance 01-701204-672000

(Urban Forestry)Anna Farley 11499 500.00 Park Maintenance 01-701204-672000

(Urban Forestry)Janice Oliver 11570 500.00 Park Maintenance 01-701204-672000

(Urban Forestry)Kathy Thomas 11227 $ 269.00 Municipal Clerk of Courts 01-011601-672000Michael Dean-El 11437 $ 500.00 Fire 01-600302-672000Scott Plate 11529 500.00 Fire 01-600302-672000Curtis Love 11534 312.73 Fire 01-600302-672000Myrtell Turner 11538 300.00 Fire 01-600302-672000Shelia Jenkin 11190 $ 100.00 Police 01-600202-672000Lawrence Piorkowski 11404 528.90 Police 01-600202-672000Ray Lipford 11463 $ 80.00 Police 01-600202-672000Clara Gathright 11473 164.00 Police 01-600202-672000William Hester 11478 250.00 Police 01-600202-672000Alverta McRae 11500 163.50 Police 01-600202-672000Terron Owens 11540 35.00 Police 01-600202-672000Tim Hruby 11541 1,600.00 Police 01-600202-672000Theresa Reed 11470 $ 40.00 Waste Collection 01-400303-672000Julia M. Asberry 11501 21.99 Waste Collection 01-400303-672000Kenya R. Gray 11504 20.30 Waste Collection 01-400303-672000Peter Pyros 11528 31.26 Waste Collection 01-400303-672000Elizabeth Daniels-Horton 11530 20.00 Waste Collection 01-400303-672000Ella M. Smedley 11559 21.99 Waste Collection 01-400303-672000Debra A. Mason 11400 $ 659.95 Water Pollution Control 54 SF 001Kevin Thomas 11419 1,000.00 Water Pollution Control 54 SF 001James G. McPhillips 11446 1,475.00 Water Pollution Control 54 SF 001Darnell Parker 11456 2,000.00 Water Pollution Control 54 SF 001John Sygula 11464 315.56 Water Pollution Control 54 SF 001Mark Wolf 11487 2,000.00 Water Pollution Control 54 SF 001Michael J. Nugent 11502 500.00 Water Pollution Control 54 SF 001Alan Beno 11503 37.67 Water Pollution Control 54 SF 001Paulette M. Baglyos 11510 157.00 Water Pollution Control 54 SF 001Patricia A. Larson 11515 327.71 Water Pollution Control 54 SF 001Edith Hopkins 11522 753.10 Water Pollution Control 54 SF 001Larry Martin 11524 1,500.00 Water Pollution Control 54 SF 001Frank D. McGuire 11525 2,000.00 Water Pollution Control 54 SF 001Dan Zemnik 11526 439.24 Water Pollution Control 54 SF 001Reggie Hughes 11532 1,600.00 Water Pollution Control 54 SF 001Steve Lenart 11539 640.00 Water Pollution Control 54 SF 001Stephanie Calloway 11551 1,870.00 Water Pollution Control 54 SF 001Sandra M. Robinson 11555 2,000.00 Water Pollution Control 54 SF 001Michelle Gacom 11556 500.00 Water Pollution Control 54 SF 001Antonio Tomasi 11560 2,000.00 Water Pollution Control 54 SF 001

Section 2. That the authority of the Director of Finance to pay the amounts in this ordinance is conditionedon a City-approved written acceptance by the claimant of the City’s offer to pay this claim within six monthsfrom the effective date of this ordinance.

Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmativevote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately uponits passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliestperiod allowed by law.



1539



ing the Director of Finance to enterinto an agreement with Calfee, Hal-ter & Griswold LLP for state lobby-ing services for the City of Cleve-land.



Section 1. That the Director ofFinance is authorized to enter intoan agreement with Calfee, Halter &Griswold LLP for state lobbying ser-vices for the City of Cleveland, forthe approximate sum of $24,000, anda period not to exceed one year,payable from Fund No. 01-999800-632000, Request No. 100358.





ing the purchase by one or morerequirement contracts of paper andenvelopes, for the Division of Print-ing and Reproduction, Departmentof Finance.



Section 1. That the Director ofFinance is authorized to make oneor more written requirement con-tracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe period of one year of the nec-essary items of various paper andenvelopes, in the approximateamount as purchased during thepreceding term, to be purchased bythe Commissioner of Purchases andSupplies upon a unit basis for theDivision of Printing and Reproduc-tion, Department of Finance. Bidsshall be taken in a manner thatpermits an award to be made forall items as a single contract, or byseparate contract for each or anycombination of the items as theBoard of Control determines. Alter-nate bids for a period less than oneyear may be taken if deemed desir-able by the Commissioner of Pur-chases and Supplies until provisionis made for the requirements forthe entire term.

Section 2. That the costs of thecontract or contracts shall becharged against the proper appro-priation accounts and the Director

of Finance shall certify the amountof the initial purchase, which pur-chase, together with all later pur-chases, shall be made on order ofthe Commissioner of Purchases andSupplies under a requisitionagainst the contract or contractscertified by the Director ofFinance. (RL 133075)



Ord. No. 989-03.By Council Members Cimperman


An emergency ordinance authoriz-ing the Director of Finance to enterinto an amendment to Lease Agree-ment No. 43521 to extend the termof the existing Lease Agreement forthe rental of office space in theNinth Street Plaza Building for theDivision of Information Systems Ser-vices.

Whereas, under Ordinance No.1785-90, passed January 14, 1991,the Director of Finance enteredinto Lease Agreement No. 43521with the predecessor of the currentowner of 1401 East Ninth Street forthe lease of office space in theNinth Street Plaza Building, for theDivision of Information SystemsServices; and

Whereas, the representative of thecurrent building owner is ArgentCommercial Management, Ltd.; and

Whereas, under various ordi-nances, this Council authorized mod-ifications to the Lease Agreement;and

Whereas, the City wishes to fur-ther modify the Agreement; and



Section 1. That the Director ofFinance is authorized to enter intoan amendment to Lease AgreementNo. 43521 with Argent CommercialManagement, Ltd., for the continuedrental of approximately 18,750square feet of space located on the4th floor of the Ninth Street PlazaBuilding.

Section 2. That the amendmentauthorized by this ordinance shallextend the term of the agreementfor one year until December 31, 2004,at a price of $16.70 per square foot,or approximately $328,800 annually.The amendment shall be paid fromFund No. 01-151101-636000, subject toannual appropriation.

Section 3. That all other terms andconditions of Lease No. 43521 as pre-viously in effect before this amend-ment shall remain the same.

Section 4. That the amendmentshall be prepared by the Director of

Law and shall contain any addi-tional provisions that the Directordeems necessary to protect and ben-efit the public interest.



Ord. No. 990-03.By Council Members Sweeney,

Cimperman and Jackson (by depart-mental request).

An emergency ordinance to amendSections 4 and 5 of Ordinance No.1530-02, passed November 25, 2002,relating to accepting grants fromthe Federal Highway Administra-tion for public infrastructure im-provements.



Section 1. That Sections 4 and 5 ofOrdinance No. 1530-02, passedNovember 25, 2002, are amended toread as follows:

Section 4. That pursuant to Sec-tion 167 of the Charter of the Cityof Cleveland, it is determined tomake the public improvement ofimplementing the projects describedin Section 1 of this ordinance, forthe Departments of Public Service,Parks, Recreation and Propertiesand Economic Development, as ap-propriate, by contract duly let to thelowest responsible bidder after com-petitive bidding on a unit basis forthe improvements.

Section 5. That the Directors ofPublic Service, Parks, Recreationand Properties, and Economic Devel-opment, as appropriate, are eachauthorized to enter into one or morecontracts for the making of each ofthe above public improvements withthe lowest responsible bidder aftercompetitive bidding on a unit basisfor the improvement, provided, how-ever, that each separate trade andeach distinct component part of theimprovement may be treated as aseparate improvement, and each, orany combination of such trades orcomponents may be the subject of aseparate contract on a unit basis.

Section 2. That Sections 4 and 5 ofOrdinance No. 1530-02, passedNovember 25, 2002, are repealed.




1540

Ord. No. 991-03.

By Council Member Cimperman (by request).

An emergency ordinance authorizing the Director of Public Service to issue a permit to Capital University to

encroach into the public right-of-way of East 14th St. South of Carnegie Ave. with 2-Directional Signs to be attached

to Cleveland Public Power utility poles (by separate permission).




Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of

Council, and assignable by the Permittee with the written consent of the Director of Public Service to Capital

University, Cleveland Center; 1320 Sumner Avenue, Brownell Hall; Cleveland, Ohio 44115-2851, for the construction,

use and maintenance of two (2) Directional Signs to be attached to Cleveland Public Power Utility Poles (by

separate permission) which will encroach into the public right-of-way of East 14th Street South of Carnegie Avenue

at the locations described as follows:

LOCATION: POLE NUMBER: POLE OWNER:

East 14th Street

3rd Pole South of Carnegie Avenue (East) No Tag C.P.P.

6th Pole North of Carnegie Avenue (East) No Tag C.P.P.

Section 2. That nothing in this ordinance grants or shall be considered to grant to Permittee any right,

privilege or permission to use or to attach or affix any object to poles other than described in Section 1, of

this ordinance.

Section 3. That said signs are to be placed in the public right-of-way at the locations as aforesaid in Section

1, and shall be constructed in accordance with plans and specifications approved by the Commissioner of Engi-

neering and Construction. That all other required permits, including a Building Permit, shall be obtained before

said signs are erected.

Section 4. That the Permit herein authorized shall be prepared by the Director of Law and shall be issued only

when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any

and all loss which may result from said permit.

Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the

affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately






1541

Ord. No. 992-03.By Council Member Cimperman

(by request).An emergency ordinance authoriz-

ing the Director of Public Service toissue a permit to Cleveland TheaterDistrict Development Corporation toencroach into the right-of-way ofHuron Rd. & Prospect Ave. at theN.E. corner of East 9th St. to con-struct planting beds, benches, bi-cycle racks and public art in thearea known as “The Plaza at HuronPoint”.



Section 1. That the Director ofPublic Service hereby is authorizedto issue a permit, revocable at thewill of Council, and assignable bythe Permittee with the written con-sent of the Director of Public Ser-vice to Cleveland Theater DistrictDevelopment Corporation; 1501 Eu-clid Avenue, Suite 200; ClevelandOhio 44115; for the construction, useand maintenance of planting beds,benches, bicycle racks and publicart in the area known as “The Plazaat Huron Point” which will encroachinto the public right-of-way ofHuron Road and Prospect Avenue atthe Northeast corner of East 9thStreet at the location described asfollows:

ENCROACHMENT AREA/HURON RD.& PROSPECT AVE. AT

N.E. CORNER E. 9TH ST.Situated in the City of Cleveland,

County of Cuyahaga and the Stateof Ohio, and known as being the fol-lowing described premises:

Beginning at the Northeast cornerof Huron Road and East 9th Street,thence North 55°-45'-50" East, alongthe Northerly line of Huron Road adistance 235.42 feet to the Southeastcorner of Parcel Number 101-36-23;

Thence South 34°-14'-10" East tothe Northerly curb of Huron Road;

Thence following said curb South-erly to the intersection of HuronRoad and Prospect Avenue

Thence Westerly along said Pros-pect Avenue to a point;

Thence North 34°-14'-10" West(and approximately 30.00 feet) tothe point of beginning.

Section 2. That said planting beds,benches, bicycle racks and publicart will be placed within the publicright-of-way as aforesaid in Section1, and will be constructed in accor-dance with plans and specificationsapproved by the Commissioner ofEngineering and Construction. Thatall other required Permits, includinga Building Permit, shall be obtainedbefore said fence is constructed.

Section 3. That this permit hereinauthorized shall be prepared by theDirector of Law and shall be issuedonly when in the opinion of theDirector of Law, the City of Cleve-land has been properly indemnified

against any and all loss which mayresult from said permit.





ing the Director of Public Service toenter into an agreement with theState of Ohio, Department of Trans-portation to maintain, repair, andplow the Jennings Freeway inexchange for road salt, for a periodof two years, with two options torenew for two consecutive years.



Section 1. That the Director ofPublic Service is authorized to enterinto an agreement with the State of

Ohio, Department of Transportation,for the State to maintain, repair, andplow the Jennings Freeway inexchange for road salt, for a periodof two years, with two (2) optionsexercisable by the Director of Pub-lic Service, to renew for additionaltwo-year consecutive terms, and can-celable on thirty days written noticeby the director.





ing the Director of Public Service toapply for and accept a grant fromthe Ohio Department of NaturalResources for the 2004 Recycle,Ohio! Program; authorizing saidDirector to enter into one or morecontracts with various agencies toimplement the program; and autho-rizing one or more contracts for thepurchase of equipment and suppliesfor the program.



Section 1. That the Director ofPublic Service is authorized to applyfor and accept a grant in theapproximate amount of $200,000from the Ohio Department of Natur-al Resources, for the 2004 Recycle,Ohio! Program, for the purposes inthe summary and according thereto;that the Director of Public Serviceis authorized to file all papers andexecute all documents necessary toreceive the funds under the grant;and that the funds are appropriatedfor the purposes set forth in thesummary for the grant.

Section 2. That the summary forthe grant, File No. 994-03-A, made apart as if fully rewritten, includingthe obligation of the City of Cleve-land to provide varying levels ofcash match dependent upon theactivities applied for and the Cuya-hoga County per capita income(CPCI) as compared to the mediancounty per capita income (MCPCI)of the State of Ohio, payable fromFund No. 01-400307-639905, is ap-proved in all respects.

Section 3. That the Director ofPublic Service is authorized to enterinto an agreement with the OhioDepartment of Natural Resources toimplement the program.

Section 4. That the Director ofPublic Service is authorized to enterinto one or more contracts with var-ious agencies for the implementa-tion and operation of the program.

Section 5. That the Director of Pub-lic Service is authorized to make oneor more written contracts under theCharter and the Codified Ordinancesof Cleveland, Ohio, 1976, for therequirements for the period of the

grant term for the necessary itemsof equipment and supplies necessaryfor implementation and operation ofthe grant, to be purchased by theCommissioner of Purchases and Sup-plies on a unit basis for the Depart-ment of Public Service. Bids shall betaken in a manner which permits anaward to be made for all items as asingle contract, or by separate con-tract for each or any combination ofthe items as the Board of Controlshall determine. Alternate bids for aperiod less than a year may be takenif deemed desirable by the Commis-sioner of Purchases and Suppliesuntil provision is made for the re-quirements for the entire grant term.

The cost of the contracts or con-tracts shall be charged against theproper appropriation account andthe Director of Finance shall certi-fy the amount of the initial pur-chase, which purchase, togetherwith all later purchases, shall bemade on order of the Commissionerof Purchases and Supplies under arequisition against the contract cer-tified by the Director of Finance.

Section 6. That the cost of theabove authorized contracts shall bepaid from the fund or funds towhich are credited the grant pro-ceeds accepted under this ordinanceand the cash match.



Ord. No. 998-03.By Council Members Coats and


ing the purchase by one or morerequirement contracts of labor andmaterials necessary to install andmaintain decorative and speciallighting, for the Division of Cleve-land Public Power, Department ofPublic Utilities, for a period not toexceed two years.



Section 1. That the Director of Pub-lic Utilities is authorized to makeone or more written requirement con-tracts under the Charter and the Cod-ified Ordinances of Cleveland, Ohio,1976, for the requirements for theperiod of two years of the necessaryitems of labor and materials neces-sary to install and maintain decora-tive and special lighting, in theapproximate amount as purchasedduring the preceding term, to be pur-chased by the Commissioner of Pur-chases and Supplies on a unit basisfor the Division of Cleveland PublicPower, Department of Public Utili-ties. Bids shall be taken in a man-ner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of the itemsas the Board of Control determines.

Alternate bids for a period less thantwo years may be taken if deemeddesirable by the Commissioner ofPurchases and Supplies until provi-sion is made for the requirements forthe entire term.






ing the Director of Public Utilitiesto enter into one or more contractswithout competitive bidding withDatamatic, Ltd. for the purchase ofmaintenance for a Datamatic meterreading, collections, investigationsand meter maintenance system,including hardware and softwaresupport, for the Division of Water,Department of Public Utilities.



Section 1. That this Council hasdetermined that the within com-modities are non-competitive andcannot be secured from any sourceother than Datamatic, Ltd. There-fore the Director of Public Utilitiesis authorized to make one or morewritten contracts with Datamatic,Ltd. on the basis of its proposaldated February 14, 2003, for the pur-chase of maintenance for a Data-matic meter reading, collections,investigations and meter mainte-nance system, including hardwareand software support, to be pur-chased by the Commissioner of Pur-chases and Supplies for a grossprice for the Division of Water,Department of Public Utilities.

Section 2. That the cost of the con-tract or contracts authorized shallbe paid from Fund No. 52 SF 001,Request No. 136003.




1542



ing the purchase by one or morerequirement contracts of labor andmaterials necessary to fabricatering and pinion gears, includingequipment and appurtenances, forthe Division of Water, Departmentof Public Utilities, for a period notto exceed two years.



Section 1. That the Director of Pub-lic Utilities is authorized to make oneor more written requirement con-tracts under the Charter and the Cod-ified Ordinances of Cleveland, Ohio,1976, for the requirements for theperiod of two years of the necessaryitems of labor and materials neces-sary to fabricate ring and piniongears, including equipment and ap-purtenances, in the approximateamount as purchased during the pre-ceding term, to be purchased by theCommissioner of Purchases and Sup-plies on a unit basis for the Divisionof Water, Department of Public Util-ities. Bids shall be taken in a man-ner that permits an award to be madefor all items as a single contract, orby separate contract for each or anycombination of the items as theBoard of Control determines. Alter-nate bids for a period less than twoyears may be taken if deemed desir-able by the Commissioner of Pur-chases and Supplies until provision ismade for the requirements for theentire term.






ing the purchase by one or morerequirement contracts of labor andmaterials necessary to repair orreplace fire hydrants, for the Divi-sion of Water, Department of PublicUtilities, for a period not to exceedtwo years.



Section 1. That the Director of Pub-lic Utilities is authorized to makeone or more written requirement con-tracts under the Charter and the Cod-ified Ordinances of Cleveland, Ohio,1976, for the requirements for theperiod of two years of the necessaryitems of labor and materials neces-sary to repair or replace firehydrants, in the approximate amountas purchased during the precedingterm, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Division ofWater, Department of Public Utili-ties. Bids shall be taken in a man-ner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of the itemsas the Board of Control determines.Alternate bids for a period less thantwo years may be taken if deemeddesirable by the Commissioner ofPurchases and Supplies until provi-sion is made for the requirements forthe entire term.






An emergency ordinance deter-mining the method of making thepublic improvement of installing asolar power system at a water treat-ment plant located within the Cityof Cleveland and authorizing theDirector of Public Utilities to enterinto one or more public improvementcontracts for the making of theimprovement, and authorizing theDirector of Public Utilities to applyfor and accept a grant from the OhioEnergy Office to implement the im-provement.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of installing asolar power system at a water treat-ment plant located within the Cityof Cleveland, including but not lim-ited to, solar panels, CD-AC invert-ers, isolation transformers, variouselectrical switches and safety equip-

ment, for the Division of Water,Department of Public Utilities, byone or more contracts duly let to thelowest responsible bidder or biddersafter competitive bidding for a grossprice for the improvement.

Section 2. That the Director ofPublic Utilities is authorized to enterinto one or more contracts for themaking of the public improvementwith the lowest responsible bidderafter competitive bidding for a grossprice for the improvement, provided,however, that each separate tradeand each distinct component part ofthe improvement may be treated asa separate improvement, and each, orany combination, of the trades orcomponents may be the subject of aseparate contract for a gross price.On request of the director the con-tractor shall furnish a correct sched-ule of unit prices, including profitand overhead, for all items consti-tuting units of the improvement. Allcontracts entered into under thisordinance shall contain the MBE,FBE, and workforce goals in effectat the time the contracts were bid.

Section 3. That the cost of theimprovement authorized shall bepaid from Fund No. 52 SF 001, 52 SF223, 52 SF 225, 52 SF 227, 52 SF 229,52 SF 231, the proceeds of the grantdescribed in Section 4, and suchother grant proceeds as may becomeavailable for this purpose, RequestNo. 136002.

Section 4. That the Director ofPublic Utilities is authorized toapply for and accept a grant in theamount of $50,000, from the OhioEnergy Office to implement the pub-lic improvement described in thisordinance; that the Director of Pub-lic Utilities is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposesdescribed in this ordinance.





An emergency ordinance deter-mining the method of making thepublic improvement of labor andmaterials needed to construct andrepair catch basins and manholes;and authorizing the Director of Pub-lic Utilities to enter into one or morepublic improvement requirement con-tracts for the making of the im-provement.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of labor and


1543

materials needed to construct andrepair catch basins and manholes,for the Division of Water PollutionControl, Department of Public Utili-ties, by one or more public improve-ment requirement contracts duly letto the lowest responsible bidder orbidders on a unit basis for theimprovement.

Section 2. That the Director ofPublic Utilities is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for the re-quirements for the term of one yearor two years for the making of theabove public improvement with thelowest responsible bidder or biddersafter competitive bidding on a unitbasis for the improvement for a peri-od not to exceed two years, pur-chased by the Commissioner of Pur-chases and Supplies on a unit basisfor the Division of Water PollutionControl, Department of Public Utili-ties. Bids shall be taken in a man-ner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than the specified term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.






An emergency ordinance deter-mining the method of making thepublic improvement of installing awater main within an easementlocated on SYSCO property andauthorizing the Director of PublicUtilities to enter into one or morepublic improvement contracts forthe making of the improvement.



Section 1. That, under Section 167of the Charter of the City of Cleve-land, it is determined to make thepublic improvement of installing awater main within an easementlocated on SYSCO property which

will extend from the west end ofCleveland Business Park to GraytonRoad, for the Division of Water,Department of Public Utilities, byone or more contracts duly let to thelowest responsible bidder or biddersafter competitive bidding for a grossprice for the improvement.

Section 2. That the Director ofPublic Utilities is authorized toenter into one or more contracts forthe making of the public improve-ment with the lowest responsiblebidder after competitive bidding fora gross price for the improvement,provided, however, that each sepa-rate trade and each distinct compo-nent part of the improvement maybe treated as a separate improve-ment, and each, or any combination,of the trades or components may bethe subject of a separate contractfor a gross price. On request of thedirector the contractor shall furnisha correct schedule of unit prices,including profit and overhead, forall items constituting units of theimprovement. All contracts enteredinto under this ordinance shall con-tain the MBE, FBE, and workforcegoals in effect at the time the con-tracts were bid.

Section 3. That the cost of theimprovement authorized shall bepaid from Fund Nos. 52 SF 001, 52SF 223, 52 SF 225, 52 SF 227, 52 SF229, and 52 SF 231, Request No.122793.



Ord. No. 1006-03.By Council Members Gordon, Cim-

perman, White and Jackson (bydepartmental request).

An emergency ordinance to amendSections 327.99, 367.99 and 3103.99 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as amended by var-ious ordinances, relating to penal-ties for violations of the Zoning,Housing and Building Codes.



Section 1. That Sections 327.99,367.99, and 3103.99, as amended byOrdinance No. 542-01, passed June 19,2001, are amended to read as follows:

Section 327.99 Penalty(a) Except as provided in divi-

sions (c) and (d) below, any person,firm or corporation who violates anyof the provisions of this ZoningCode or who fails to comply shall,for each and every violation or fail-ure, be fined not less than one hun-dred dollars ($100.00), nor more thanfive hundred dollars ($500.00) orimprisoned for not less than tendays, nor more than ninety days, orboth. A separate offense shall bedeemed committed each day duringor on which such violation or fail-

ure to comply is permitted to existunder notification thereof.

(b) The imposition of any penal-ty under this division shall not beconstrued as excusing or permittingthe continuance of any violation,and when the violation constitutes anuisance, any owner of the premis-es, whether the owner at the timethe violation was committed or hisassignee, shall be deemed guilty ofa violation of this Zoning Code eachday he permits such nuisance to con-tinue unabated after due notice fromthe Director of Building and Hous-ing of the existence of such nui-sance.

(c) Any person, firm, or corpora-tion who violates any provision ofSection 337.16 of this Zoning Code orwho fails to comply shall, for eachand every violation or failure, befined not less than two hundredfifty dollars ($250.00), nor more thanfive hundred dollars ($500.00) whichfine shall not be reduced, waived orsuspended. In addition, imprison-ment for not less than ten days normore than ninety days may beimposed. A separate offense shall bedeemed committed each day duringor on which such violation or fail-ure to comply is permitted to existafter notification thereof.

(d) Whoever violates Sections337.23, 347.02, 347.10, 349.02, 349.04,349.13, 350.19, 357.13 or, 357.14 or Sec-tion 347.08 as a first offense of thatsection shall be fined not more thanone hundred dollars ($100.00). Inaddition to any other method ofenforcement provided for in thischapter, the above listed minor mis-demeanors may be enforced by theissuance of a citation in compliancewith Rule 4.1 of the Ohio Rules ofCriminal Procedure.

(e) Whoever violates Section347.08 as a second offense of thatsection shall be fined not more thantwo hundred fifty dollars ($250.00)or imprisoned for not more thanthirty (30) days, or both. Whoeverviolates Section 347.08 as a third orsubsequent offense of that sectionshall be fined not more than onethousand dollars ($1,000.00) orimprisoned for not more than sixmonths, or both.

(f) The Director of Building andHousing shall consult with theCouncilperson of each ward aboutthe enforcement of the provisions ofthis section in their particular wardand shall provide the Councilpersonof each ward with a written week-ly report listing the violations ofthis section in their particular ward.

(g) Authority to enforce the abovelisted misdemeanors through issu-ance of a citation shall expire andshall be of no further force andeffect two (2) years after the effec-tive date of this section.

Section 367.99 Penalty(a) Whoever violates any provi-

sion of his Housing Code for whichno other penalty is provided or anyrule or regulation promulgatedthereunder or fails to comply orwith any written notice or writtenorder issued thereunder, or whoeverrefuses to permit entry by the Hous-ing Inspector at a reasonable hour,and whoever interferes with,obstructs, hinders or delays suchhousing inspector while attemptingto make such inspection shall befined not less than fifty dollars($50.00) nor more than five hundreddollars ($500.00) for the first


1544

offense, and for a second or subse-quent offense shall be fined not lessthan one hundred dollars ($100.00),nor more than one thousand dollars($1,000.00), or imprisoned for notmore than six months or both. A sep-arate offense shall be deemed com-mitted each day during or on whichan offense occurs or continues.

Whoever causes or permits thecontinuation of any violation of thisCode or any rule or regulation pro-mulgated hereunder or fails to com-ply or with any written notice orwritten order issued hereunder, sub-sequent to conviction therefor shallbe liable for further prosecution,conviction and punishment upon thesame order or notice without thenecessity of issuing a new order ornotice, until full compliance hasbeen had on such order or noticeupon which the original convictionwas had.

(b) Whoever violates Section367.11 shall be fined not less thantwo hundred fifty dollars ($250.00)nor more than five hundred dollars($500.00) for each offense thereof.

(c) Whoever violates Section367.12 or 367.13 shall be fined notless than one hundred dollars($100.00) nor more than one thou-sand dollars ($1,000.00).

(d) Whoever violates Section 371.01shall receive a mandatory fine of notless than three hundred dollars($300.00) nor more than one thousanddollars ($1,000.00) or imprisoned fornot more than six months or both. Aseparate offense shall be deemedcommitted each day during or onwhich an offense occurs or continues.

(e) Whoever violates Sections369.13, 369.14, 369.15, 369.16, 369.17,369.18, 369.19, 371.05, 371.07, 371.10 or371.13 or Section 369.08 as a firstoffense shall be fined not more thanone hundred dollars ($100.00). Inaddition to any other method ofenforcement provided for in thischapter, the above listed minor mis-demeanors may be enforced by theissuance of a citation in compliancewith Rule 4.1 of the Ohio Rules ofCriminal Procedure. Whoever vio-lates Sections 392.02, 392.03, 392.04,392.05 or 392.06 is subject to thepenalty established in Section 392.99of these Codified Ordinances. Inaddition to any other means ofenforcement provided for in theseCodified Ordinances by statute, Sec-tions 392.02, 392.03, 392.04, 392.05 or392.06 may be enforced by theissuance of a citation in compliancewith Rule 4.1 of the Rules of Crim-inal Procedure, provided that theoffense is a minor misdemeanor.

(f) Whoever violates Section 369.08as a second offense of that sectionshall be fined not more than twohundred fifty dollars ($250.00) orimprisoned for not more than thirty(30) days or both. Whoever violatesSection 369.08 as a third or subse-quent offense of that section shall befined not more than one thousanddollars ($1,000.00) or imprisoned fornot more than six months, or both.

(g) A court of competent jurisdic-tion may require whoever is con-victed of or pleads guilty to a vio-lation of this Housing Code to payto the City’s Department of Buildingand Housing, fees for inspections ofviolation that have not been reme-died, which fee is described in Sec-tions 367.08 and 3105.26, and theexpenses or costs incurred under theprovisions for demolition or board-ing contained in the Housing Code.

(h) The Director of Building andHousing shall consult with theCouncilperson of each ward aboutthe enforcement of the provisions ofthis section in their particular wardand shall provide the Councilpersonof each ward with a written week-ly report listing the violations ofthis section in their particular ward.

(i) Authority to enforce the abovelisted misdemeanors through issu-ance of a citation shall expire andshall be of no further force andeffect two (2) years after the effec-tive date of this section.

Section 3103.99 Penalty(a) Whoever violates any provi-

sion of this Building Code for whichno other penalty is provided or anyrule or regulation or order promul-gated thereunder, or any codeadopted herein, or fails to complywith the lawful order issued pur-suant thereto is guilty of a misde-meanor of the first degree and shallbe fined not more than one thousanddollars ($1,000.00) or imprisoned notmore than six (6) months or both.Each day during which noncompli-ance or a violation continues shallconstitute a separate offense.

(b) Whoever violates Sections3103.10, 3105.01, 3105.02, 3105.05,3109.11, 3125.01, 3101.11, 3113.03,3113.10, 3113.16 or division (e) ofSection 3101.10 as a first offense ofthose sections shall be fined notmore than one hundred dollars($100.00). In addition to any othermethod of enforcement provided forin this chapter, the above listedminor misdemeanors may beenforced by the issuance of a cita-tion in compliance with Rule 4.1 ofthe Ohio Rules of Criminal Proce-dure.

(c) As provided by RC 2901.23and 2929.31, organizations convictedof an offense shall be fined notmore than five thousand dollars($5,000.00) for a misdemeanor of thefirst degree.

(d) Whoever violates Sections3101.11, 3113.03, 3113.10, 3113.16 ordivision (e) of Section 3101.10 as asecond offense of those sectionsshall be fined not more than twohundred fifty dollars ($250.00) orimprisoned for not more than thirty(30) days, or both. Whoever violatesSections 3101.11, 3113.03, 3113.10,3113.16 or division (e) of Section3101.10 as a third or subsequentoffense of those sections shall befined not more than one thousanddollars ($1,000.00) or imprisoned fornot more than six months, or both.

(e) A court of competent jurisdic-tion may require whoever is con-victed of or pleads guilty to a vio-lation of this Building Code, to payto the City’s Department of Buildingand Housing, the fee for inspectionof violations that have not beenremedied, which fee is described inSections 3103.09 and 3105.26, and theexpenses or costs incurred underSection 3103.09 for the removal,repair, alteration, securing or board-ing of a building or structure.

(f) The Director of Building andHousing shall consult with thecouncilperson of each ward aboutthe enforcement of the provisions ofthis section in their particular wardand shall provide the Councilpersonof each ward with a written week-ly report listing the violations ofthis section in their particular ward.

(g) Authority to enforce the abovelisted misdemeanors through issu-

ance of a citation shall expire andshall be of no further force andeffect two (2) years after the effec-tive date of this section.

Section 2. That existing Sections327.99, 367.99, and 3103.99, as amend-ed by Ordinance No. 542-01, passedJune 19, 2001, are repealed.




Jackson.An emergency ordinance authoriz-

ing the Director of Public Safety toapply for and accept a grant fromthe Criminal Justice ServicesAgency for the 2003 Team Approachto Violence Against Women Pro-gram _ Law Enforcement; and toenter into one or more contractswith the County of Cuyahoga andL.J.D. & Associates to implement theprogram.



Section 1. That the Director of Pub-lic Safety is authorized to apply forand accept a grant in the amount of$160,617 from the Criminal JusticeService Agency, to conduct the 2003Team Approach to Violence AgainstWomen Program _ Law Enforce-ment, for the purposes set forth inthe application and according there-to; that the Director of Public Safe-ty is authorized to file all papers andexecute all documents necessary toreceive the funds under the grant;and that said funds are appropriatedfor the purposes set forth in theapplication for the grant.

Section 2. That the application forthe grant, File No. 1007-03-A, made apart hereof as if fully rewritten,including the obligation of the Cityof Cleveland to provide cash match-ing funds in the sum of $53,539 fromFund Nos. 01-600201-639905 and 10 SF027, is approved in all respects.

Section 3. That the Director ofPublic Safety is authorized to enterinto one or more contracts with theCounty of Cuyahoga and L.J.D. &Associates to implement the pro-gram as described in the file,payable from the fund or funds towhich are credited the grant pro-ceeds and cash match acceptedunder this ordinance.

Section 4. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by Public Safety.



1545


Jackson (by departmental request).An emergency ordinance a u t h o r i z-

ing the purchase by one or morerequirement contracts of labor andmaterials necessary to service andmaintain elevators at Police Head-quarters and the 3rd District PoliceStation, including emergency service,for the Division of Police, Departmentof Public Safety, for a period of oneyear with a one year option to renew.



Section 1. That the Director of Pub-lic Safety is authorized to make oneor more written requirement con-tracts under the Charter and the Cod-ified Ordinances of Cleveland, Ohio,1976, for the requirements for theperiod of one year of the necessaryitems of labor and materials neces-sary to service and maintain eleva-tors at Police Headquarters and the3rd District Police Station, includingemergency service, in the approxi-mate amount as purchased duringthe preceding term, with one (1)option exercisable by the Director ofPublic Safety, to renew for an addi-tional one-year consecutive term, andcancelable on thirty days writtennotice by the Director, to be pur-chased by the Commissioner of Pur-chases and Supplies upon a unitbasis for the Division of Police,Department of Public Utilities. Bidsshall be taken in a manner that per-mits an award to be made for allitems as a single contract, or by sep-arate contract for each or any com-bination of the items as the Board ofControl determines. Alternate bidsfor a period less than one year maybe taken if deemed desirable by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.





Jackson (by departmental request).An emergency ordinance a u t h o r i z-

ing the Director of Public Safety toapply for and accept a grant from theFederal Bureau of Justice Assistance,for the 2003 Bulletproof Vest Part-nership Grant, and authorizing theDirector of Public Safety to enter intoone or more requirement contractsfor the purchase of equipment neces-sary to implement the grant.



Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in theamount of $309,324.00, from the Fed-eral Bureau of Justice Assistance, toconduct the 2003 Bulletproof VestPartnership Grant, for the purposesin the application; that the Directorof Public Safety is authorized to fileall papers and execute all docu-ments necessary to receive thefunds under the grant; and that thefunds are appropriated for the pur-poses set forth in the application forthe grant.

Section 2. That the applicationfor the grant, File No. 1010-03-A,made a part hereof as if fullyrewritten, including the obligationof the City of Cleveland to providecash matching funds in the sum of$309,324.00, from Fund Nos. 10 SF025 and 10 SF 027, is approved inall respects.

Section 3. That the Director ofPublic Safety shall have theauthority to extend the term of thegrant if the extension does notinvolve an increase in the dollaramount of the grant specifieda b o v e .

Section 4. That the Director ofPublic Safety is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for the period of thegrant term for the necessary itemsof equipment necessary to imple-ment the grant, to be purchased bythe Commissioner of Purchases andSupplies on a unit basis for theDepartment of Finance. Bids shallbe taken in a manner which per-mits an award to be made for allitems as a single contract, or byseparate contract for each or anycombination of the items as theBoard of Control determines. Alter-nate bids for a period less than thegrant term may be taken if desiredby the Commissioner of Purchasesand Supplies until provision ismade for the requirements for theentire grant term.

That the cost of the contractsshall be charged against the properappropriation account and the Direc-tor of Finance shall certify theamount of the initial purchase,which purchase, together with alllater purchases, shall be made onorder of the Commissioner of Pur-chases and Supplies under a requi-sition against the contract or con-tracts certified by the Director ofFinance.





ing the Director of Public Safety toapply for and accept a grant fromthe Ohio Department of Public Safe-ty, for the 2003 EMS/Fire TrainingGrant, and authorizing the Directorof Public Safety to enter into one ormore requirement contracts for thepurchase of equipment and trainingnecessary to implement the grant.

Whereas, this ordinance constitutesan emergency measure providing forthe usual daily operation of a munic-ipal department; now, therefore,


Section 1. That the Director ofPublic Safety is authorized to applyfor and accept a grant in the amountof $234,411.50, from the Ohio Depart-ment of Public Safety, to conduct the2003 EMS/Fire Training Grant, forthe purposes in the application; thatthe Director of Public Safety isauthorized to file all papers and exe-cute all documents necessary toreceive the funds under the grant;and that the funds are appropriatedfor the purposes set forth in theapplication for the grant.

Section 2. That the application forthe grant, File No. 1011-03-A, made apart as if fully rewritten, includingthe obligation of the City of Cleve-land to provide cash matching fundsin the sum of $71,495.75, from FundNos. 01-600300-639905 and 11 SF 006,is approved in all respects.


Section 4. That the Director ofFinance is authorized to make oneor more written requirement con-tracts under the Charter and the Cod-ified Ordinances of Cleveland, Ohio,1976, for the requirements for theperiod of the grant term for the nec-essary items of equipment and train-ing necessary to implement thegrant, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Departmentof Finance. Bids shall be taken in amanner which permits an award tobe made for all items as a single con-tract, or by separate contract foreach or any combination of the itemsas the Board of Control determines.Alternate bids for a period less thanthe grant term may be taken ifdesired by the Commissioner of Pur-chases and Supplies until provisionis made for the requirements for theentire grant term.

That the cost of the contract orcontracts shall be charged againstthe proper appropriation account andthe Director of Finance shall certifythe amount of the initial purchase,which purchase, together with alllater purchases, shall be made onorder of the Commissioner of Pur-chases and Supplies under a requisi-tion against the contract or contractscertified by the Director of Finance.




1546



An emergency ordinance to amendthe title, the third whereas clause,and Section 3 of Ordinance No. 1136-02, passed June 17, 2002, relating toan Enterprise Zone Agreement withOatey Warehouse, LLC and its af-filiates.



Section 1. That the title, the thirdwhereas clause, and Section 3 of Ordi-nance No. 1136-02, passed June 17,2002, are amended to read as follows:

An emergency ordinance authoriz-ing the Director of Economic Devel-opment to enter into an EnterpriseZone Agreement with Oatey Ware-house, LLC, Oatey Co., Oatey SupplyChain Services, Inc., OW Holdings,LLC and Cherne Industries, Inc. toprovide for a ten year seventy-fivepercent abatement on certain realestate tax and a sixty five percentabatement on certain tangible per-sonal property tax as an incentiveto construct real property improve-ments, acquire new personal proper-ty investments and relocate existingpersonal property from outside theCity of Cleveland to Fogg Industri-al Park Sublot 24A on West 140thStreet and 4700 West 160th Street.

Whereas, Oatey Warehouse, LLCand OW Holdings, LLC the (“Enter-prise”) have proposed to constructreal property improvements to Sub-lot 24A in the Fogg Industrial Parkon West 140th Street; and

Section 3. That the terms of saidtax abatement shall be in accordancewith the terms as set forth in theSummary contained in File No. 1136-02-B. The terms of said file notwith-standing, the terms of the tax abate-ment shall not be amended, nor shallthe tax abatement be assignable ortransferable to any entity, withoutthe prior legislative authorization byCleveland City Council.

Section 2. That the existing title,the third whereas clause, and Sec-tion 3 of Ordinance No. 1136-02,passed June 17, 2002, are repealed.



Ord. No. 1014-03.By Council Members Westbrook


An emergency ordinance authoriz-ing the Director of Port Control toenter into one or more requirementcontracts with Simplex Grinnell forlabor and materials necessary tomaintain, repair, and expand thecomputerized facility managementsystem, for the Department of PortControl.



Section 1. That this Council hasdetermined that the within servicesare non-competitive and cannot besecured from any source other thanSimplex Grinnell. Therefore, theDirector of Port Control is autho-rized to make one or more writtenrequirement contracts under theCharter and the Codified Ordinancesof Cleveland, Ohio, 1976, for therequirements for the period of oneyear of the necessary items of laborand materials necessary to main-tain, repair, and expand the com-puterized facility management sys-tem which includes, the currentaccess control system, the fire detec-tion system, and CCTV equipment,for the Department of Port Control.




Ord. No. 1015-03.By Council Members Westbrook


An emergency ordinance authoriz-ing the purchase by one or morerequirement contracts of labor andmaterials necessary to maintain,repair, and modify existing airfield,parking, and terminal lighting sys-tems, for the various divisions of theDepartment of Port Control, for aperiod not to exceed two years.



Section 1. That the Director of PortControl is authorized to make one ormore written requirement contractsunder the Charter and the CodifiedOrdinances of Cleveland, Ohio, 1976,for the requirements for the period oftwo years of the necessary items oflabor and materials necessary tomaintain, repair, and modify existingairfield, parking, and terminal light-ing systems, in the approximateamount as purchased during the pre-ceding term, to be purchased by theCommissioner of Purchases and Sup-plies on a unit basis for the variousdivisions of the Department of PortControl. Bids shall be taken in a man-ner that permits an award to be madefor all items as a single contract, orby separate contract for each or anycombination of the items as the Boardof Control determines. Alternate bidsfor a period less than two years maybe taken if deemed desirable by theCommissioner of Purchases and Sup-plies until provision is made for therequirements for the entire term.






ing the purchase by one or morerequirement contracts of labor andmaterials necessary service andmaintain elevators and escalators,for the Division of Convention Cen-ter & Stadium, Department of Parks,Recreation and Properties, for aperiod not to exceed three years.



Section 1. That the Director ofParks, Recreation and Properties isauthorized to make one or morewritten requirement contracts underthe Charter and the Codified Ordi-nances of Cleveland, Ohio, 1976, forthe requirements for the period ofthree years of the necessary itemsof labor and materials necessary toservice and maintain elevators andescalators, in the approximate amountas purchased during the precedingterm, to be purchased by the Com-missioner of Purchases and Supplieson a unit basis for the Division ofConvention Center & Stadium, De-partment of Parks, Recreation andProperties. Bids shall be taken in amanner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than three years may be takenif deemed desirable by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.


Section 3. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives theaffirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage and


1547





ing the purchase by one or morerequirement contracts of labor andmaterials necessary to plant trees atvarious locations through the Cityof Cleveland on City-owned proper-ties, for the Division of Park Main-tenance and Properties, Departmentof Parks, Recreation and Properties.



Section 1. That the Director ofParks, Recreation and Properties isauthorized to make one or more writ-ten requirement contracts under theCharter and the Codified Ordinancesof Cleveland, Ohio, 1976, for therequirements for the period of oneyear of the necessary items of laborand materials necessary to plant treesat various locations through the Cityof Cleveland on City-owned propertiesin the approximate amount as pur-chased during the preceding term, tobe purchased by the Commissioner ofPurchases and Supplies upon a unitbasis for the Division of Park Main-tenance and Properties, Departmentof Parks, Recreation and Properties.Bids shall be taken in a manner thatpermits an award to be made for allitems as a single contract, or by sep-arate contract for each or any com-bination of the items as the Board ofControl determines. Alternate bids fora period less than one year may betaken if deemed desirable by theCommissioner of Purchases and Sup-

plies until provision is made for therequirements for the entire term.





1548

Ord. No. 1018-03.

By Council Members White and Jackson (by departmental request).

An emergency ordinance to amend Section 133.30 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended

by Ordinance No. 2393-02, passed February 3, 2003, relating to cemetery rates.




Section 1. That Section 133.30 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No.

2393-02, passed February 3, 2003, is amended to read as follows:

Section 133.30 Cemetery Rates

The Commissioner of Park Maintenance and Properties shall collect the following charges for services, space,

and supplies at City-owned cemeteries:

CEMETERY RATES:

Mon.-Fri. Sat.

(a) Single grave section

(1) Adult grave $371.00 $371.00

Interment 337.00 506.00

Total 708.00 877.00

(2) Baby grave (container of 4 feet or less) 108.00 108.00

Interment 94.00 141.00

Total 202.00 249.00

(b) Lot sections

(1) Flush marker sections

One Grave $ 594.00

Family Lot (Two Graves) 1,188.00

Interment 506.00 759.00

(2) Raised marker section

One Grave 714.00

Family Lot (Two Graves) 1,428.00

Interment 506.00 759.00

(3) Interment in lot sections

A. Adult grave 506.00 759.00

B. Adult grave _ extra deep (depth of 8 feet) 621.00 931.00

C. Interment on top of extra deep 506.00 759.00

D. Baby grave or still born on top 94.00 141.00

E. Cremated remains in urn 216.00 324.00

F. Cremated remains in vault 270.00 405.00

G. Placement of additional remains in casket

at time of burial (recording fee) 94.00 94.00

(c) Urn garden section

(1) Single plot grave 243.00

(2) Interment (includes marker setting and vault) 297.00 452.00

Saturday burials 1 1/2 times the interment charge

(d) Veteran Section Interment 337.00 506.00

(e) Memorial parks:

(1) Adult (Infirmary burial - City or County) 337.00 N/A

(2) Baby 94.00 N/A

(f) Additional services available:

(1) Disinterments (Monday-Friday only)

A. Adult grave 1,046.00

B. Adult grave - extra deep 1,114.00

C. Baby grave 297.00

D. Cremated remains in urn garden 358.00

E. Cremated remains - location other than urn garden 229.00

(2) Setting and foundation charges

A. Markers

1. 18" x 10" (Baby) 102.00

2. 2' x 1' 168.00

3. 3' x 1' or 4' x 1' 263.00

4. Resetting: one-half (1/2) of price listed above for

replacement of same size markers

B. Monument foundation (per cubic foot) 26.00

C. Veteran stones (flat granite) 168.00

D. Flower container (installation) 21.00

(3) Miscellaneous services

A. Opening and closing grave for inspection

1. Identify without disturbing remains 911.00

2. Remove for autopsy; replace in open grave 992.00

B. Private mausoleums: receipt and discharge 432.00

C. Highland Chapel Park Mausoleum

l. Crypts: seal or unsealed 358.00

2. Niches: seal or unsealed 229.00

D. Use of chapel for services

1. First hour 75.00

2. Each hour thereafter or fraction thereof 65.00

E. Saturday burials: one and one-half (1 1/2) times the

interment charge in divisions (b) through

(e) of this section

(g) Effective January 1, 2004, all rates listed in division (a) through (f) of this section shall be increased by

four percent (4%).

(h) Effective January 1, 2005, all rates listed in division (a) through (f) of this section shall be increased an

additional four percent (4%) over the four percent increase authorized in 2004.

(i) Charges for damages: Anyone who causes damage to the cemetery ground, including without limitation,

fences, hydrants or headstones, and who does not restore the damaged portion to its previous condition shall be

liable to the City for the City’s cost of restoration.

(j) Highland Park Chapel Mausoleum:

Charges for resale of niches and

crypts that have been repurchased

by the City of Cleveland

1. Niches in Highland Park Mausoleum $1,215.00

2. Crypts in Highland Park Mausoleum $3,375.00

Tier Level

(k) Service Charges

1. Bad Check Charge $ 25.00

2. Late Payment

A. Charges not received by time of interment including

checks that cannot be processed because of errors $ 33.00

B. Setting charges not received up to the time

stone is delivered including checks that cannot be

processed because of errors $ 33.00

C. Additional charge per day $ 7.00

Section 2. That Section 133.30 of the Codified Ordinances of Cleveland, Ohio, 1976, as amended by Ordinance No.

2393-02, passed February 3, 2003, is repealed.








1549

Ord. No. 1019-03.By Council Members Britt and


ing the Director of Public Health toenter into one or more contractswith TSI to provide strategic plan-ning for the Department of PublicHealth.



Section 1. That the Director of Pub-lic Health is authorized to enter intoone or more contracts with TSI forprofessional services necessary toprovide strategic planning for theDepartment of Public Health, whichwould include but not be limited to,assessing, planning, and developingstrategies on the basis of their pro-posal dated May 23, 2003, in the totalsum of $30,000, for the Department ofPublic Health. The contract or con-tracts shall be paid from Fund No.01-500501-632000, Request No. 121589.




Jackson (by departmental request).An emergency ordinance to amend

Section 2 of Ordinance No. 680-02,passed May 13, 2002, relating to arequirement contract for burials forindigent dead; and authorizing thepurchase by requirement contract ofburials for indigent dead, for theDivision of Health, Department ofPublic Health, for a period not toexceed one year.



Section 1. That Section 2 of Ordi-nance No. 680-02, passed May 13,2002, is amended to read as follows:

Section 2. That the cost of the con-tracts shall be charged against theproper appropriation account and theDirector of Finance shall certifythereon the amount of the initial pur-chase thereunder, which purchase,together with all subsequent pur-chases, shall be made on order of theCommissioner of Purchases and Sup-plies pursuant to a requisition againstsuch contract duly certified by theDirector of Finance. (RL 121427)

Section 2. That existing Section 2of Ordinance No. 680-02, passed May13, 2002, is repealed.

Section 3. That the Director ofPublic Health is authorized to makeone or more written requirementcontracts under the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the requirements forthe period of one year for the nec-essary items of burials for indigentdead, in the approximate amount aspurchased during the precedingterm, to be purchased by the Com-

missioner of Purchases and Suppliesupon a unit basis for the Divisionof Health, Department of PublicHealth. Bids shall be taken in amanner that permits an award to bemade for all items as a single con-tract, or by separate contract foreach or any combination of theitems as the Board of Control deter-mines. Alternate bids for a periodless than one year may be taken ifdeemed desirable by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.

Section 4. That the costs of the con-tract or contracts shall be chargedagainst the proper appropriationaccounts and the Director of Financeshall certify the amount of the ini-tial purchase, which purchase,together with all later purchases,shall be made on order of the Com-missioner of Purchases and Suppliesunder a requisition against the con-tract or contracts certified by theDirector of Finance. (RL 121595)





ing the Director of Public Health toenter into contracts with variousagencies to provide AIDS-relatedservices, in conjunction with theHOPWA Grant.



Section 1. That the Director ofPublic Health is authorized to enterinto one or more contracts in con-junction with Housing Opportunitiesfor People With AIDS (HOPWA)Grant, to provide AIDS-related ser-vices with the following agencies,not to exceed the followingamounts:

Agency Amount

AIDS Taskforce ofGreater Cleveland-ARAP

$139,966

AIDS Taskforce ofGreater Cleveland-Nutrition

$217,119

AIDS Taskforce ofGreater Cleveland-CBI Housing

$120,751

AIDS Taskforce ofGreater Cleveland-Hebron House

$155,647

AIDS Taskforce ofGreater Cleveland Gurnick Place

$68,040

AIDS Taskforce ofGreater Cleveland-Support Project

$66,204

New Light Church of the Nazarene

$56,445

Visiting Nurse Association$41,138

Any agency that receives fundsunder this ordinance shall be re-quired to comply with the evaluationservices provided by Cleveland StateUniversity’s School of Social Work.

In addition, the sum of not morethan $25,000.00 is appropriated to theDepartment of Public Health foradministrative costs of implement-ing the HOPWA program.

Section 2. That the costs of thecontracts authorized above shall bepaid from Fund No. 13 SF173.



Ord. No. 1025-03.By Council Member Gordon.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 2203 Forestdale Ave-nue to Bartizan Construction, Ltd.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 008-25-038,as more fully described below, toBartizan Construction, Ltd.



County of Cuyahoga and State ofOhio, and known as being Sublot No.104 in the Park Addition to Brook-lyn Village Ohio of part of OriginalBrooklyn Township Lot Nos 65 and74, as shown by the recorded plat inVolume 13 of Maps, Page 39 of Cuya-hoga County Records, and a part ofOriginal Brooklyn Township Lot No.65, together forming a parcel of landbounded and described as follows:

Beginning on the Southerly sideof Forestdale Avenue S.W. at theNorthwesterly corner of Sublot No.


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104: thence Easterly along theSoutherly side of Forestdale Ave-nue, S.W., 40 feet to the Northeast-erly corner thereof; thence Souther-ly along the Easterly line of saidSublot No. 104 and along the East-erly line of a parcel of land con-veyed to Lana P. Baxter by deeddated May 7, 1958 and recorded inVolume 9080, Page 402 of CuyahogaCounty Records, about 120 feet tothe Southeasterly corner thereof;thence Westerly along the Souther-ly line of said parcel so conveyedto the Southwesterly corner there-of; thence Northerly along theWesterly line of said parcel so con-veyed and along the Westerly lineof Sublot No. 104 about 120 feet tothe place of beginning, as appearsby said plat, be the same more orless, but subject to all legal high-ways.

Restrictions contained in theinstrument dated September 10, 1889and recorded in Volume 459, Page 73of Cuyahoga County Records.








ing the sale of real property as partof the Land Reutilization Programand located at 2239 East 43rd Streetto Burten, Bell, Carr Development,Inc.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 103-24-011and 103-24-012, as more fullydescribed below, to Burten, Bell,Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being Sublot No.22 in W.J. Gordon’s Subdivision of apart of Original Ten Acre Lot No.71 in said City. Said Sublot No. 22has a frontage of 40 feet on theEasterly side of Arlington Court(now East 43rd Street, S.E.) andextends back of equal width 60 feetdeep as per Plat of said Subdivisionrecorded in Volume 11 of Maps,Page 17 of Cuyahoga CountyRecords, as appears by said plat, bethe same more or less, but subjectto all legal highways.



County of Cuyahoga and State ofOhio, and known as being Sublot No.21 in W.J. Gordon’s Allotment ofOriginal Ten Acre Lot No. 71, asshown by the recorded plat in Vol-ume 11 of Maps, Page 17 of Cuya-hoga County Records, and being 40feet front on the Easterly side ofArlington Court, (now known asEast 43rd Street) and extendingback of equal width 60 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.




Section 5. That the conveyanceauthorized hereby shall be made byofficial deed prepared by the Direc-tor of Law and executed by theMayor on behalf of the City ofCleveland. The deed shall contain

such provisions as may be necessaryto protect and benefit the publicinterest including such restrictivecovenants and reversionary inter-ests as may be specified by theBoard of Control, the Director ofCommunity Development or theDirector of Law.



Ord. No. 1029-03.By Council Members Lewis and

Jackson.An emergency ordinance to amend

Section 187.01 and Section 187.09 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as amended byOrdinance No. 77-94, passed March14, 1994, and Ordinance No. 1186-92,passed June 15, 1992, respectively,relating to front organizations.





Section 187.09, as amended byOrdinance No. 1186-92, passed June15, 1992,are hereby amended to read as fol-lows:

Section 187.01 Definition of TermsAs used in this chapter, the fol-

lowing words, phrases and termsshall be defined as set forth below:

(a) “Administrator” means eitherthe administrator of the MinorityBusiness Enterprise program or ofthe Female Enterprise program ofthe Office of Equal Opportunity.

(b) “Business Enterprise Code,”“Code” or “Chapter” means all theprovisions of this Chapter 187 of theCodified Ordinances of the City ofCleveland.

(c) “City” means the City of Cleve-land, Ohio.

(d) “Cleveland contracting mar-ket” means the geographic marketarea consisting of Cuyahoga, Sum-mit, Lake and Lorain counties.

(e) “Construction” means the erec-tion, rehabilitation, alteration, con-version, extension, demolition orrepair of improvements to real prop-erty, including facilities providingutility service and includes thesupervision, inspection, and otheron-site functions incidental to con-struction.

(f) “Contract” means a bindingagreement executed on or after theeffective date of the Minority Busi-ness Enterprise Code whereby theCity either grants a privilege or iscommitted to expend or does expendits funds or other resources for orin connection with the followingpurposes:

(1) Construction of any publicimprovement, including changeorders or subsidiaries approved by


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the City during the performance ofsuch construction;

(2) Purchase of personal property;(3) Purchase of any services;(4) Lease of any personal proper-

ty; or(5) Concession agreements where-

by the City grants a specific per-mission, privilege or license inaccordance with Section 188.04 andSection 188.041 of the Codified Ordi-nances of the City.

“Contract” shall not mean con-tracts with other public entities,except as provided in division (h) ofSection 187.03.

(g) “Contracting department”means any administrative depart-ment under charge of the mayor ofany office, board or commissiontreated or construed as a depart-ment of the City government for anypurpose pursuant to the Charter orordinances of the City.

(h) “Contractor” means a separateor distinguishable businesses entityemploying five or more persons andparticipating or seeking to partici-pate in the performance of a con-tract, including but not limited tominority business enterprises andfemale business enterprises whereapplicable.

(i) “Control” means the unencum-bered ability to direct operationsand management.

(j) “Director” means the Directorof the Office of Equal Opportunity.

(k) “Disability” means any physi-cal or mental impairment that sub-stantially limit one or more of anindividual’s major activities.

(l) “Discriminate” means toexclude an individual or group sole-ly on the basis of race, religion,color, sex, sexual orientation,national origin, age, disability, eth-nic group or Vietnam-era or disabledveteran status.

(m) “Discriminate on the basis ofage” means to discriminate, as deter-mined by appropriate Federal law,against individuals over the age offorty (40).

(n) “Female business enterprise”or “FBE” means a sole proprietor-ship, partnership, or corporationowned, operated and controlled byone or more females who have fiftyone percent (51%) ownership. Theone or more females must have oper-ational and managerial control,interest in capital, and earningscommensurate with the percentageof female ownership. To qualify asa female business enterprise, theenterprise shall be located anddoing business in the Cleveland con-tracting market.

(o) “Joint venture” means an asso-ciation of two or more persons orbusinesses to carry out a singe busi-ness enterprise for profit for whichpurpose they combine their proper-ty, capital, efforts, skills and knowl-edge.

(p) “Minority” means a UnitedStates citizen or lawful, permanentresident who is Black, Hispanic,Asian-American or Native American.

(q) “Minority Business Enterprise”or “MBE” means a sole proprietor-ship, partnership, or corporationowned, operated and controlled byone or more minority persons whohave at least fifty-one percent(51%) ownership. The minority per-son(s) must have operational andmanagerial control, interest in capi-tal, and earnings commensuratewith the percentage of ownership.To qualify as a minority businessenterprise, the enterprise shall belocated and doing business in theCleveland contracting market.

(r) “Front Organization” meansany Female Business Enterprise orMinority Business Enterprise thatserves as a Contractor to the City,or as a subcontractor to any Con-tractor under contract with the City,who obtained and/or retained certi-fication through false statements orwho committed to performance of adistinct element of the work underthe contract but, did not carry outits responsibilities by actually per-forming, managing or supervisingthe work involved, or who did notprovide products, services, goods orsupplies in a manner, in the Direc-tor’s determination, consistent withits certification.

Section 187.09 Decision and Avail-able Sanctions for Noncompliance

(a) Within five days after thehearing required by Section 187.08,the Director shall issue and send bycertified mail to the contractor, find-ings of fact and a determination ofcompliance or noncompliance withthe Code. If the Director determinesthat the contractor is in compliancewith the applicable provisions of theCode, he shall issue an appropriatecertificate. If the Director deter-mines that the contractor is indefault with respect to any repre-sentation by the contractor uponwhich a certificate or contract wasawarded or that the contractor isnot in compliance with the applica-ble provisions of the Code and itsregulations, the Director, in additionto whatever other remedies may beavailable with respect to the fore-going and other defaults under anycontract in question, may:

(1) Cancel any existing certificateor statement of deemed complianceor order that a certificate or state-ment of deemed compliance not beissued until the contractor cures thedefault or is in full compliance withthe applicable provisions of theCode; or

(2) Recommend that the Citywithhold all or part of any pay-ments due such contractor untilsuch time as the contractor curesthe default or is in full compliancewith the applicable provisions of theCode; or

(3) Recommend that the City can-cel the contract and declare a for-feiture of any performance bond;

(4) Recommend that the Directorof Law take such legal action,whether civil or criminal, as hedeems appropriate;

(5) Recommend rescission of thecontract based upon a materialbreach of contract pertaining toMBE and FBE participation;

(6) Recommend disqualification ofa bidder, contractor, or other businessfrom eligibility for providing goods orservices to the City for a period notto exceed two (2) years; or

(7) Payment of damages, includ-ing any liquidated damages speci-fied in the contract.

(b) Notwithstanding any otherprovision of this section, if theDirector determines after an inves-tigative hearing that the City hascontracted with a Front Organiza-tion and/or that a Contractor hasparticipated with an FBE or MBEContractor in activities it knewwould create a Front Organization,then the Director shall:

i) Decertify the Contractor and/orFront Organization;

ii) Prohibit the Contractor and/orFront Organization from being cer-tified for a period of not less thanone (1) year after a final determi-nation; and

iii) Refer the matter to the CityProsecutor’s office for appropriateaction pursuant to section 187.131.

(c) The decision of the Director isfinal an may be appealed to theBoard of Zoning Appeals, whosedecision, in turn, may be reviewedby the Common Pleas Court pur-suant to RC Chapter 2506, or as oth-erwise provided by law.



Section 187.09, as amended byOrdinance No. 1186-92, passed June15, 1992, are hereby repealed.





ing the Director of Public Safety toapply for and accept a grant fromthe Ohio Office of Criminal JusticeServices for the Division of PoliceMobile Data Computers Program;and to enter into contracts neces-sary to implement the program.



Section 1. That the Director of Pub-lic Safety is authorized to apply forand accept a grant in the approxi-mate amount of $550,000, and anyother funds that may become avail-able during the grant term, from theOhio Office of Criminal Justice Ser-vices to conduct the Division of PoliceMobile Data Computers Program; thatthe Director of Public Safety is autho-rized to file all papers and executeall documents necessary to receivethe funds under the grant; and thatthe funds are appropriated for thepurposes set forth in the applicationfor the grant contained in the filedescribed below.

Section 2. That the application forthe grant, File No. 1030-03-A, made apart of this ordinance as if fullyrewritten, including the obligationof the City of Cleveland to providea cash match in the sum of $183,334,payable from Fund No. 11 SF 006, isapproved in all respects.

Section 3. That, for a two yearperiod, the Director of Public Safe-ty is authorized to apply for andaccept separate grants in amountsnot to exceed $500,000 each that maybecome available from time to timefrom the Ohio Office of CriminalJustice Services to conduct the Divi-sion of Police Mobile Data Comput-ers Program, including all computertechnology services, software andequipment necessary to support thatprogram; that the Director of PublicSafety is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grants; and that the funds are


1552

appropriated for the purposes setforth in the grant applications.

Prior to the application for anygrant under the authority of thissection, and prior to the acceptanceand expenditure of the same, theDirector of Public Safety shall noti-fy the Clerk of Council.

Section 4. That for each of the sep-arate grant applications authorizedin Section 3, a cash match in theamount of twenty-five percent(25%) of each of the grant amounts,payable from Fund Nos. 10 SF 027and 11 SF 006, is approved.

Section 5. That the Director ofPublic Safety is authorized tomake one or more written require-ment contracts under the Charterand the Codified Ordinances ofCleveland, Ohio, 1976, for therequirements for the necessaryitems of technology services, soft-ware, equipment, and suppliesneeded to implement the program.Bids shall be taken in a mannerthat permits an award to be madefor all items as a single contract,or by separate contract for each orany combination of the items asthe Board of Control shall deter-mine. Alternate bids for a periodless than the grant term may betaken if desired by the Commis-sioner of Purchases and Suppliesuntil provision is made for therequirements for the entire term.

Section 6. That the costs of thepurchases authorized by this ordi-nance shall be charged against thefund or funds which are credited thegrant proceeds accepted under thisordinance, the cash match, and shallbe charged against the proper ap-propriation accounts and the Direc-tor of Finance shall certify theamount of the initial purchase,which purchase, together with alllater purchases, shall be made on

order of the Commissioner of Pur-chases and Supplies under a requi-sition against the contract or con-tracts certified by the Director.

Section 7. That the Director ofPublic Safety shall have the author-ity to extend the term of the grantif other funds become available dur-ing the grant term. Notwithstandingthe above, the Director of PublicSafety shall have the authority toextend the term of the grant if theextension does not involve anincrease in the dollar amount of thegrant specified above.



Ord. No. 1098-03.By Council Members O’Malley,

Westbrook, Sweeney, Cimperman andJackson (by departmental request).

An emergency ordinance to amendSection 1 of Resolution No. 656-03,adopted April 14, 2003, relating tothe relaying and repairing side-walks, aprons, driveway and curbsencroaching upon the public right-ofway on Woodhaven Avenue fromWest 63rd Street to Ridge Road,West 98th Street from Lorain Ave-nue to Walford Avenue and West100th Street from Clifton Boulevardto Franklin Boulevard.

Whereas, this ordinance consti-tutes an emergency measure provid-

ing for the usual daily operation ofa municipal department; now, there-fore,


Section 1. That Section 1 of Res-olution No. 656-03, adopted April 14,2003, is amended to read as fol-l o w s :

Section 1. That it is necessaryand conducive to the public healthand welfare that WoodhavenAvenue from West 63rd Street toRidge Road, West 98th Street fromLorain Avenue to Walford Avenueand West 100th Street from CliftonBoulevard to Franklin Boulevard,be improved by relaying andrepairing sidewalks, drivewayaprons, and curbs (includingadjustments of castings and land-scaping, if necessary) encroachingupon the public right-of-way or oth-erwise improving the right-of-wayin accordance with plans, specifi-cations and profiles, prepared andplaced in File No. 656-03-A, and inaccordance with the cost estimateof $605,546.07, prepared and placedin File No. 656-03-B in the Office ofthe Clerk of Council, which plans,specifications and profiles andcosts are approved.

Section 2. That Section 1 of Reso-lution No. 656-03, adopted April 14,2003, is repealed.




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Ord. No. 1099-03.

By Council Members Lewis and Jackson (by departmental request).

An emergency ordinance approving the collective bargaining agreement with the Cleveland Building and Con-

struction Trades Council; and to amend Section 43 of Ordinance No. 384-03, passed March 10, 2003, relating to com-

pensation for various classifications.




Section 1. That, in accordance with division (B) of Section 4117.10 of the Revised Code, this Council approves

the collective bargaining agreement with the Cleveland Building and Construction Trades Council for the period

from November 15, 2002 to March 31, 2004, which provides, among other things, for an increase in the salaries

and wages for members of the bargaining unit.

Section 2. That Section 43 of Ordinance No. 384-03, passed March 10, 2003, is amended to read as follows:

Section 43. 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......................................................................... 5/1/03 $31.18 $40.28

2. Boiler Maker................................................................................. 7/1/03 $33.40 $42.35

3. Bricklayer...................................................................................... 5/1/03 $27.20 $35.08

4. Bricklayer Foreman................................................................... 5/1/03 $28.45 $36.08

5. Carpenter........................................................................................ 5/1/03 $27.06 $34.70

6. Carpenter Foreman..................................................................... 5/1/03 $28.31 $35.95

7. Carpenter Apprentice................................................................. 5/1/03 $ 9.47 $18.06

8. Cement Finisher.......................................................................... 5/1/03 $27.26 $35.16

9. Cement Finisher Foreman....................................................... 5/1/03 $28.51 $36.16

10. Electrical Worker....................................................................... 5/1/03 $32.51 $42.34

11. Electrical Worker Foreman.................................................... 5/1/03 $33.76 $43.34

12. Glazier............................................................................................. 5/1/03 $27.01 $34.82

13. Ironworker..................................................................................... 8/1/02 $31.45 $39.31

14. Ironworker Foreman.................................................................. 8/1/02 $32.70 $41.56

15. Painter............................................................................................. 6/1/03 $26.40 $34.08


Jackson (by departmental request).An emergency ordinance approv-

ing the Plan of Operation and Gov-ernance for the City of Cleveland’snatural gas aggregation program;and to repeal Ordinance No. 798-03,passed June 2, 2003.

Whereas, Section 4929.26 of theRevised Code permits a municipali-ty to create a retail natural gasaggregation program and therebycombine the natural gas loads of itsresidents and businesses for the pur-pose of seeking cheaper sources ofnatural gas for such customers; and

Whereas, on November 6, 2001, theelectors of the City of Clevelandvoted to authorize such a programin the City; and

Whereas, under division (C) ofSection 4929.26 of the Revised Code,the legislative authority or board ofa municipality developing an auto-matic aggregation program is re-quired to adopt a plan of operationand governance for its municipalaggregation program; and

Whereas, this Council previouslyenacted legislation authorizing theCity to join the Northeast Ohio Pub-lic Energy Council (“NOPEC”) toenable the City to act jointly withother member political subdivisionsand maximize the potential benefitsof gas deregulation through grouppurchasing efforts; and

Whereas, on behalf of this Coun-cil under Section 4929.26 of theRevised Code, two public hearingshave been held on the Plan of Oper-ation and Governance for the NOPECgas aggregation program; and



Section 1. That this Council adoptsthe NOPEC Plan of Operation andGovernance contained in CouncilFile No. 1100-03-A for the implemen-tation and administration of Cleve-land’s municipal aggregation pro-gram under Section 4929.26 of theRevised Code.

Section 2. That this Council findsand determines that all formalactions of this Council concerningand relating to the adoption of thisordinance were taken in an openmeeting of this Council and that alldeliberations of this Council and ofany committees that resulted inthose formal actions were in meet-ings open to the public in compli-ance with the law.



Ord. No. 1101-03.By Council Member Cimperman

(by request).An emergency ordinance authoriz-

ing the Director of Public Service toissue a permit to 3500 Group, Ltd. toencroach into the right-of-way ofPenn Court N.W. for the placement,use and maintenance of an ATM(automated teller machine) for theFifth Third Bank to be located in aportion of Penn Court N.W.



Section 1. That the Director ofPublic Service hereby is authorizedto issue a permit, revocable at thewill of Council, and assignable bythe Permittee with the written con-sent of the Director of Public Ser-vice to 3500 Group, Ltd., (by Cleve-land Real Estate Services, Inc.,Authorized Agent), 2012 West 25thStreet, Cleveland, Ohio; for the con-struction, use, maintenance andplacement of an ATM (automatedteller machine) for the Fifth ThirdBank, which will encroach into thepublic right-of-way of a portion ofPenn Court N.W. at the locationdescribed as follows:

ENCROACHMENT AREA INPENN CT. N.E./FIFTH THIRD

BANK ATM LOCATIONSituated in the City of Cleveland,

County of Cuyahoga and the Stateof Ohio, and known as being the fol-lowing described premises:

Being the southeasterly 4.00 feetof Penn Court N.W. (17.00 feet wide)extending Southeasterly from Ful-ton Road N.W. (66 feet wide) about15.00 feet.

Section 2. That said ATM (auto-mated teller machine) will be placedwithin the public right-of-way asaforesaid in Section 1, and will be

constructed in accordance with plansand specifications approved by theCommissioner of Engineering andConstruction. That all other requiredpermits, including a Building Per-mit, shall be obtained before saidATM (automated teller machine) isconstructed.

Section 3. That nothing in this ordi-nance grants or shall be consideredto grant to Permittee any right, priv-ilege or permission to use or attachor affix any object to poles, walls orbuildings except as described in Sec-tion 1, of this ordinance.

Section 4. That this permit hereinauthorized shall be prepared by theDirector of Law and shall be issuedonly when in the opinion of theDirector of Law, the City of Cleve-land has been properly indemnifiedagainst any and all loss which mayresult from said permit.

Section 5. That this ordinance ishereby declared to be an emergencymeasure and provided it receives theaffirmative vote of two thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.


Ord. No. 1102-03.By Council Members Coats, Swee-

ney, Cimperman and Jackson (bydepartmental request).

An emergency ordinance to amendSections 1 and 5 of Resolution No.545-02, adopted April 1, 2002, relatingto the relaying and repairing ofsidewalks, driveway aprons andcurbs encroaching upon the publicright-of-way, adjustment of castings,as necessary, and grading, seedingor re-seeding tree lawns, as neces-sary, on Catalpa Road from EuclidAvenue to the north end; and Cleve-land Road from St. Clair to TaftAvenue.



Section 1. That Sections 1 and 5 ofResolution No. 545-02, adopted April1, 2002, are amended to read as fol-lows:


1554

16. Painter – Apprentice................................................................. 5/1/03 $ 9.24 $18.06

17. Painter Foreman......................................................................... 6/1/03 $27.65 $35.08

18. Pipefitter (Welder).................................................................... 5/1/03 $32.47 $41.90

19. Pipefitter Foreman..................................................................... 5/1/03 $33.72 $42.90

20. Plasterer......................................................................................... 5/1/03 $26.98 $34.82

21. Plasterer Foreman...................................................................... 5/1/03 $28.23 $35.82

22. Plumber (Welder)....................................................................... 5/1/03 $32.27 $41.91

23. Plumber Foreman....................................................................... 5/1/03 $33.52 $42.91

24. Roofer.............................................................................................. 5/1/03 $27.50 $35.53

25. Sheet Metal Worker................................................................... 5/1/03 $30.54 $39.37

26. Sheet Metal Worker Foreman................................................ 5/1/02 $31.79 $40.37

Section 3. That existing Section 43 of Ordinance No. 384-03, passed March 10, 2003, is repealed.




period allowed by law.Passed June 10, 2003.Effective June 12, 2003.

Section 1. That it is necessary andconducive to the public health andwelfare that Catalpa Road fromEuclid Avenue to the north end; andCleveland Road from St. Clair to TaftAvenue, be improved by relaying andrepairing sidewalks, driveways apronsand curbs encroaching upon the pub-lic right-of-way, adjustment of cast-ings, as necessary, and grading,seeding or re-seeding of tree lawns,as necessary, or otherwise improvingthe right-of-way in accordance withplans, specifications and profiles atthe estimated cost of $206,090.34,

heretofore prepared and placed inFile No. 545-02-B, in the Office of theClerk of Council, which plans, speci-fications, profiles and estimatedcosts are approved.

Section 5. That the Director ofFinance is directed to cause writtennotice of the passage of this reso-lution to each lot or parcel of landto be assessed or upon any otherperson or corporation entitled byany process of law to notice if thatowner, person or corporation isdirectly affected by the amendmentof this resolution.

Section 2. That Sections 1 and 5 ofResolution No. 545-02, adopted April1, 2002, are repealed.




1555

Ord. No. 1103-03.

By Council Member Polensek (by request).

An emergency ordinance authorizing the Director of Public Service to issue a permit to Northeast Shores

Development Corporation to encroach into the right-of-way of Waterloo Rd. & E. 156th St. with 21-Surveillance

Signs to be attached to Cleveland Public Power Utility Poles (by separate permission).




Section 1. That the Director of Public Service hereby is authorized to issue a permit, revocable at the will of

Council, and assignable by the Permittee with the written consent of the Director of Public Service to Northeast

Shores Development Corporation; 15721 Waterloo Road, Suite 200; Cleveland, Ohio 44110; for the construction, use

and maintenance of twenty-one (21) Surveillance Signs to be attached to Cleveland Public Power Utility Poles

(by separate permission) which will encroach into the public right-of-way of Waterloo Road and East 156th Street

at the following locations:

LOCATION: POLE NUMBER USE/POLE OWNER:

Waterloo Road:

15504 Waterloo (S) No Tag Sign/C.P.P.

SE Corner of E. 156th St. No Tag Sign/C.P.P.

15704 Waterloo (S) A2782 Sign/C.P.P.



16005 Waterloo (N) No Tag Sign/C.P.P.



East 156th Street (East Side):

381 E. 156th St. (E) No Tag Sign/C.P.P.

353 E. 156th St. (E) No Tag Sign/C.P.P.

315 E. 156th St. (E) A2644 Sign/C.P.P.

291 E. 156th St. (E) A3935 Sign/C.P.P.

NE Cor. Grovewood (E) A3943 Sign/C.P.P.

East 156th Street (West Side):

SW Cor. Grovewood A3944 Sign/C.P.P.

282 E. 156th St. (W) DOM 32 109 Sign/C.P.P.

308 E. 156th St. (W) No Tag Sign/C.P.P.



362 E. 156th St. (W) A2672 Sign/C.P.P.

390 E. 156th St. (W) A2716 Sign/C.P.P.

410 E. 156th St. (W) A2719 Sign/C.P.P,

Section 2. That said Surveillance Signs will be placed within the public right-of-way as aforesaid in Section 1,

and will be constructed in accordance with plans and specifications approved by the Commissioner of Engineer-

ing and Construction. That all other required permits, including a Building Permit, shall be obtained before said

fence is constructed.

Section 3. That nothing in this ordinance grants or shall be considered to grant to Permittee any right,

privilege or permission to use or to attach or affix any object to poles except as described in Section 1 of this

o r d i n a n c e .

Section 4. That this permit herein authorized shall be prepared by the Director of Law and shall be issued only

when, in the opinion of the Director of Law, the City of Cleveland has been properly indemnified against any

and all loss which may result from said permit.

Section 5. That this ordinance is hereby declared to be an emergency measure and, provided it receives the

affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately





Ord. No. 1104-03.

By Council Members Sweeney and Jackson (by departmental request).

An emergency ordinance authorizing the Director of Public Service to make alterations and modifications in

Contract No. 60510 for the renovation of City Council offices with EnviroCom Construction, Inc. for the Department

of Public Service.




Section 1. That the Director of Public Service is authorized to make the following alterations and modifications

in Contract No. 60510 with EnviroCom Construction, Inc. for the renovation of City Council offices, for the Depart-

ment of Public Service:

ADDITIONS

Item #1 – RFI 017 – Electrical revisions associated with fan coil unit located in Room 230.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48.00

RFI #002 and our conversation on February 4, 2003 - Relocation of condensing unit.

Pearlrock Companies

Labor – 12 Hours @ $57.00/Hr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 684.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 80.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 962.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48.10

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,010.10

Item #1A – Furnish and Install wiremold #3000 from Telephone Closet 220 and Conference Room 202D. Wiremold

to be surface mounted atop partition walls into accessible ceiling.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 570.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300.00

Miscellaneous Patching . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,070.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 53.50

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,123.50

Item #2 – RFI 015 – Furnish and install cabinet lighting circuit and outlet for microwave in Lounge 219.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 445.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 895.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44.75

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 939.75

Item #2A – Furnish and install conduit, workboxes and channel floor and wall for Tele/Data outlet in Clerk’s

Area Room 224.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 793.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44.50

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 934.50

EnviroCom Construction, Inc.

Floor patching – 71 L.F. @ $7.60/L.F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 539.60

Passage recommended by

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43.16

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40.79

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 623.55

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,558.05

Item #3 – Proposal Request #1: Additional T.V. and Data outlets dated February 3, 2003.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,927.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 499.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,426.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 271.30

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,697.30


1556



Wall patching – 130 L.F. @ $9.00/L.F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,170.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,702.00

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 136.16

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 128.67

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,966.83

Item #3A – Demo and floor patching in Room 240.


Carpenters – 6 Hours @ $50.00/Hr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300.00

Laborer – 1 Hour @ 36.06 / Hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36.06

Material – 2 Sheets 3/4" Plywood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 38.40

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 374.46

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29.95

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28.30

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 432.71

Item #4 – Provide labor and material as required to disconnect and reinstall fire alarm smoke detectors.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 100.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,600.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 130.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,730.00

Item #4A– Miscellaneous floor prep and patching (See Architectural Floors correspondence dated April 22, 2003).

Architectural Floors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,415.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 520.75

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,935.75

Item #5 – Furnish and install conduit, workboxes and channel floor and wall for Tele/Data outlet in Committee

Room 225.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 793.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 97.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44.50

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 934.50



Wall patching – 25 L.F. @ $9.00/L.F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 225.00

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30.16

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28.50

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 435.66

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,370.16

Item #5A – Mezzanine floor T & M repairs.


Carpenters – 16 Hours @ $50.00/Hr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 800.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67.51

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 867.51

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69.40

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65.58

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,002.49

Item #6 – Additional floor demolition and patching as required for Tele/Data in Law Room 200A.


Demolition – 2 Hours @ 36.06 / Hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 72.12


Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 224.12

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 17.92

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16.94

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 258.98


1557

Item #6A – Floor demo as directed by Paul Burik; Room 202D, Corridor 202C and Room 223.


Laborer – 8 Hour @ 36.06 / Hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 288.48

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23.07

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21.08

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 333.35

Item #7 – Corridor Panel 2NE Feeder revisions

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,400.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,200.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11,600.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 580.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,180.00

Item #8 – As we are sure you are aware EnviroCom Construction, Inc. employed its subcontractor Unimech Cor-

poration to make the necessary repairs to pneumatic air lines encountered during demolition of the masonry wall

in Archive Room 221. As these lines are not indicated on the drawings and would now be in conflict with the

revised floor plan, the following is a cost summary for the work as described above.

Unimech Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 278.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13.90

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 291.90

Item #9 – RFI #009 – Lounge 219 – Existing steel columns uncovered during demolition.

“Box out” existing columns with 5/8" Drywall over 3/4" Plywood

Century Contractors, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 619.00

(4) Four Sheets of 3/4" CDX Plywood . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 64.00

Scribe millwork to fit around column “box out” and provide additional backsplash.

Ham Cabinets Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 753.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 37.65

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 790.65

Item #10 – RFI #005 – Cost for replacement of existing louvers and return air grilles.

Unimech Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 810.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40.50

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850.50

Item #11 – Relocate existing conduit and install new wiring to the existing floor box in President’s room. Floor

box is feed from a 3-way switch box in Lounge – scheduled for removal.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 340.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 68.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 408.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.40

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 428.40

Item #12 – RFI #13 – Change metal studs to 18 Gauge.

Century Contractors, Inc.

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 90.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7.85

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 164.85

Item #13 – RFI #18 – Replace two additional “D” Fixtures in East Stair.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 450.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200.00


Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 270.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 940.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 987.00


1558

Item #14 – Floor patching in Administrative Support Room 209 as requested by Paul Burik.


Demolition – 1 Hour @ 36.06 / Hour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36.06

Floor Patching – 4.5' L.F.@ $7.60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34.20

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 70.26

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.62

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.31

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 81.19

Item #15 – Additional floor patching as required for Tele/Data in Administrative Support Room 209.



Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 159.60

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12.76

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12.06

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 184.42

Item #16 – Furnish and install conduit, workboxes and channel floor for Tele/Data outlet in Administrative

Support Room 209.

Ranger Electric

Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 850.00

Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 287.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,137.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56.85

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,193.85

Item #17 – Demo of existing clay tile and removal of unsupported steel lintels, re-install drywall to cover opening

(no finish has been included).



Material (Drywall and metal studs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 308.48

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24.67

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23.32

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 356.47

Item #18 – Removal of Vinyl Asbestos Tile in Room 240.

Precision Environmental Co.

Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,100.00

Third party air monitoring . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,575.00

Extend of floor patching and cost to be determined following removal of VAT.

Item #19 – Plaster removal and patching in Room 240, scope of work as described below ONLY.



ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11.53

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10.90

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 166.67


1559


Patching 99 Sq. Ft. @ $3.00/Sq. Ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 297.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14.85

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 311.85

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 478.52

Item #20 – Paint window trim in Room 230, paint as determined by Paul Burik during weekly job meeting on

March 25, 2003.

Mike McGarry & Sons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$100.00

ECI OH & P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 105.00

Item #21 – Revised Plan A/A3-1 add W8 X 18 with 5/16" plate – dated March 18, 2003.


Labor as required to offload steel beam – 8 Hour @ $36.06 / Hour . . . . . . . . . . . . $ 288.48

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23.07

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21.80

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 333.35

Epic Steel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 420.00

Zavarella Brothers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,700.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,120.00

ECI OH &P @ 5% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 156.00

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,609.35

Item #22 – Fasten 1/2" plywood sub-floor in Mezzanine Corridor. Scope of work – fasten plywood to metal frame

of gyp-crete blanks with #10 – 1 1/2" drill point screws with countersink heads on 16" centers, install plywood

clips at all butt joints that do not align with frame and removal and replacement of de-laminated plywood in (2)

areas. Work to be performed 2nd shift for safety reasons.


Carpenters – 32 Hours @ $50.00 / Hr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,600.00

Miscellaneous Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 100.00

Sub Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,700.00

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 136.00

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 128.52

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,964.52 Not applicable

Item #23 – Extended General Conditions due to delays beyond our control as documented in our correspondences

LTR001, LTR002, and LTR006.

(6) Six weeks @ $1,800.00 / week . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,800.00

ECI Overhead @ 8% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 864.00

ECI Profit @ 7% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 816.48

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12,480.48

Total Subsidiary Additions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $65,116.55

Original Contract Amount $268,500.00

Total Subsidiary Additions +65,116.55

REVISED CONTRACT AMOUNT $333,616.55

which alteration has been recommended in writing by the director of Public Service, countersigned by the Mayor,

and consented to by the surety on the contract, which price to be paid has been agreed in writing and signed

by the Director of Public Service and the Contractor. This alteration will cause an increase in the amount of the

original contract in the sum of $65,116.55, to be paid from Fund No. 01-010101-639000.








1560

Ord. No. 1105-03.

By Council Members Johnson, Cimperman and Jackson (by departmental request).

An emergency ordinance authorizing the Director of Parks, Recreation and Properties to make alterations and

modifications in Contract No. 60652 for renovations and site improvements to the Kenneth L. Johnson Aquatic

Playground with Nerone & Sons, for the Department of Parks, Recreation and Properties.

Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a munic-

ipal department; now, therefore,


Section 1. That the Director of Parks, Recreation and Properties is authorized to make alterations and

modifications in Contract No. 60652 with Nerone & Sons for renovations and site improvements to the Kenneth L.

Johnson Aquatic Playground, for the Department of Parks, Recreation and Properties:

ADDITIONS – ORIGINAL ITEMS

ITEM DESCRIPTION

1 Demolition, grading & site preparation,

complete (lump sum) $ 5,064.40

49 Furnish & install 8’ vinyl coated fence,

complete (70 lf @ 41.82) $ 2,927.40

77 Aquatics package (AquaPlay 350 addition),

complete (lump sum) $196,958.30

TOTAL ADDITIONS – ORIGINAL ITEMS $204,950.10

NEW ITEMS – SUBSIDIARY ITEMS

ITEM DESCRIPTION

78 Remote-controlled cantilevered gate,


TOTAL NEW ITEMS – SUBSIDIARY ITEMS $ 11,880.00

CREDITS – ORIGINAL ITEMS

ITEM DESCRIPTION

77 Aquatics package (Starburst deletion),


TOTAL CREDITS – ORIGINAL ITEMS $ 17,900.30

Additions $ 204,950.10

New Items + 11,880.00

Subsidiary Additions $ 216,830.10

Subsidiary Additions $ 216,830.10

Credits - 17,900.30

Total Subsidiary Additions $ 198,929.80

Original Contract $ 730,436.18

Total Subsidiary Additions + 198,929.80

Revised Contract Amount $ 929,365.98

which alteration has been recommended in writing by the Director of Parks, Recreation and Properties,

countersigned by the Mayor, and consented to by the surety on the contract, which price to be paid has been

agreed in writing and signed by the Director of Parks, Recreation and Properties and the Contractor. This

alteration will cause an increase in the amount of the original contract in the sum of $198,929.80, to be paid from

Fund Nos. 20 SF 323, 20 SF 330, 20 SF 343, 20 SF 354, 20 SF 361, 20 SF 370, 20 SF 377, 20 SF 381, and 11 SF 006.








1561

Ord. No. 1106-03.By Council Members Johnson,

White and Jackson (by departmen-tal request).

An emergency ordinance to amendSection 133.321 of the Codified Ordi-nances of Cleveland, Ohio, 1976, asenacted by Ordinance No. 2393-02,passed February 3, 2003, relating torental fees for recreation center use.



Section 1. That Section 133.321 ofthe Codified Ordinances of Cleveland,Ohio, 1976, as enacted by OrdinanceNo. 2393-02, passed February 3, 2003,is amended to read as follows:

Section 133.321 Rental Fees forRecreation Center Use

(a) The Commissioner of Recre-ation may allow private parties torent recreation center community ormeeting rooms during regular oper-ational hours provided that the par-ties pay the fees specified in divi-sion (c) of this section. The Com-missioner of Recreation may allowthe following private groups to rentat no cost recreation center commu-nity or meeting rooms during regu-lar operational hours provided thatthe room will not be used to raisemoney for political campaigns orpolitical issues:

(1) Branches, departments or of-fices of the City of Cleveland if theevent furthers the functions or goalsof that branch, department or office.

(2) Non-profit organizations andneighborhood organizations, such asblock clubs, street clubs and wardclubs, located within the City ofCleveland if the purpose of theevent is to address providing or sup-porting direct health and welfareservices to individuals or to addresssafety, building or housing issues.

(3) Schools located within the Cityof Cleveland if the event furthers aneducational or recreational purpose.

(b) The Commissioner of Recre-ation may allow private parties torent recreation center community ormeeting rooms before or after regu-lar operational hours provided thatthe parties pay the fees specified indivision (c) of this section.

(c) The Director of Parks, Recre-ation and Properties shall assessand collect the following fees forrental of recreation center commu-nity or meeting rooms:

(1) During regular operationalhours in 2003, sixty-five dollars($65.00) per hour per staff person re-quired.

(2) During regular operationalhours in 2004, sixty-eight dollars($68.00) per hour per staff person re-quired.

(3) Before or after regular opera-tional hours in 2003, eighty dollars($80.00) per hour per staff personrequired.

(4) Before or after regular opera-tional hours in 2004, eighty-four dol-lars ($84.00) per hour per staff per-son required.

(d) The Commissioner of Recre-ation may allow private parties torent portions of the recreation cen-ters for recreation uses before or

after regular operational hours pro-vided that the parties pay the feesspecified in division (f) of this sec-tion.

(e) The Commissioner of Recre-ation may allow the groups identi-fied in division (a)(1), (a)(2), and(a)(3) of this section to rent portionsof the recreation centers for recre-ation uses before or after regularoperational hours provided that theparties pay one-half of the fees spec-ified in division (f) of this section.

(f) The Director of Parks, Recre-ation and Properties shall assessand collect the following fees forrental of portions of the recreationcenters for recreation uses:

(1) In 2003, eighty dollars ($80.00)per hour per staff person required.

(2) In 2004, eighty-four dollars($84.00) per hour per staff personrequired.

(g) The Commissioner of Recre-ation may allow the CuyahogaCounty Board of Elections to rent atno cost recreation center communityor meeting rooms or any portions ofthe recreation centers before, duringor after regular operational hoursfor voting purposes.

(h) Any party renting a portion ofa recreation center under this sec-tion shall also secure a permit fromthe Director under Section 133.03and shall pay any fee required forthat permit.

Section 2. That existing Section133.321 of the Codified Ordinances ofCleveland, Ohio, 1976, as enacted byOrdinance No. 2393-02, passed Feb-ruary 3, 2003, is repealed.




Jackson.An emergency ordinance authoriz-

ing the Director of Economic Devel-opment to enter into a UDAG grantagreement contract with FamicosFoundation to provide economicdevelopment assistance to partiallyfinance real property improvements,and all other associated costs forthe renovation of property located at7210 Central Avenue, Cleveland,Ohio, 44104.



Section 1. That the Director ofEconomic Development is autho-rized to enter into a UDAG grantagreement contract with FamicosFoundation to provide economicdevelopment assistance to partiallyfinance real property improvements,and all other associated costs forthe renovation of property located at

7210 Central Avenue, Cleveland,Ohio, 44104.

Section 2. That the terms of thegrant shall be in accordance withthe terms in the Summary containedin File No. 1107-03-A.

Section 3. That the costs of thegrant shall not exceed Twenty-FiveThousand Dollars ($25,000) andshall be paid from Fund No. 17 SF652, Request No. 103702.

Section 4. That the Director ofLaw is authorized to prepare theUDAG grant agreement contract andother documents as are necessary tocomplete the transaction.



Ord. No. 1109-03.By Council Members Cimperman


An emergency ordinance authoriz-ing the Director of the City Plan-ning Commission to apply for andaccept a grant from the Ohio Depart-ment of Natural Resources for theCleveland Lakefront Park Improve-ments Project.



Section 1. That the Director of theCity Planning Commission is autho-rized to apply for and accept agrant in the approximate amount of$1,500,000 and any other funds thatmay become available during thegrant term, from the Ohio Depart-ment of Natural Resources to con-duct the Cleveland Lakefront ParkImprovements Project; that theDirector of the City Planning Com-mission is authorized to file allpapers and execute all documentsnecessary to receive the funds underthe grant; and that the funds areappropriated for the purposes setforth in the letter from the OhioDepartment of Natural Resourcesfor the grant contained in the filedescribed below.

Section 2. That the letter from theOhio Department of Natural Re-sources for the grant, File No. 1109-03-A, made a part of this ordinanceas if fully rewritten, is approved inall respects.




1562

Ord. No. 1110-03.By Council Member Cintron.An emergency ordinance authoriz-

ing certain persons to engage inmobile peddling in Ward 14. (CoryBoda).

Whereas, pursuant to Section675.07 of the Codified Ordinances ofCleveland, Ohio, 1976, (the “Codified

Ordinances”) the consent of Councilexpressed by ordinance is a prereq-uisite to peddling upon public rights

of way outside of the Central Busi-ness District; and

Whereas, this Council has con-sidered the requests of certain per-

sons to engage in peddling outsideof the Central Business District,and has determined that it is in the

public interest to allow each ofsaid persons to peddle in Ward 14;a n d


tutes an emergency measure provid-ing for the usual daily operation ofa municipal department; now, there-


the City of Cleveland:Section 1. That this Council con-

sents, as required by, Section 675.07of the Codified Ordinances to alloweach persons named below to

engage in peddling in the publicrights of way of Ward 14: CoryBoda.

Section 2. That all of the require-

ments of Chapter 675 of the CodifiedOrdinances shall apply to the per-sons named in Section 1 of this ordi-

nance.Section 3. That the privilege

granted may be revoked at any timeby this Council.

Section 4. That this ordinance isdeclared to be an emergency mea-sure and, provided it receives the

affirmative vote of two-thirds of allthe members elected to Council, itshall take effect and be in forceimmediately upon its passage and

approval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest period

allowed by law.Passed June 10, 2003.Effective June 12, 2003.

Ord. No. 1111-03.By Council Member Britt.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into an agree-ment with Alex Community Devel-opment Corporation – Empoweringthe People to Prosper, for theWomen’s Business Center projectthrough the use of Ward 6 Neigh-borhood Equity Funds.




the City of Cleveland:Section 1. That the Director of

Community Development is autho-rized to enter into an agreementwith Alex Community Development

Corporation – Empowering the Peo-ple to Prosper, for the Women’sBusiness Center project for the

public purpose of providing train-ing, counseling and technical assis-

tance to welfare to work lowincome women and minority andfemale owned businesses through

the use of Ward 6 NeighborhoodEquity Funds.

Section 2. That the cost of saidcontract shall be in an amount not

to exceed $75,000 and shall be paidfrom Fund No. 10 SF 166.


Law shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect the

City’s interest.Section 4. That this ordinance is

hereby declared to be an emergency

measure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in force

immediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in force



Ord. No. 1113-03.By Council Member Coats.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into anagreement with Substance of LifeEnterprises Inc. for Substance ofLife, Enterprises Program throughthe use of Ward 10 NeighborhoodEquity Funds.




the City of Cleveland:Section 1. That the Director of

Community Development is autho-rized to enter into an agreementwith Substance of Life Enterprises

Inc. for the implementation of asustainable technologies educationprogram for the public purpose ofeducating and training Cleveland

residents in solar and renewabletechnology through the use ofWard 10 Neighborhood Equity

F u n d s .Section 2. That the cost of said

contract shall be in an amount notto exceed $58,800 and shall be paid

from Fund No. 10 SF 166.Section 3. That the Director of

Law shall prepare and approve said

contract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.

Section 4. That this ordinance ishereby declared to be an emergencymeasure and, provided it receives

the affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage and

approval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest period

allowed by law.Passed June 10, 2003.Effective June 12, 2003.


Jones, White, Britt, Scott, Conwell,Coats, Polensek, Rybka, Cimperman,Cintron, Gordon, O’Malley, Zone,Westbrook, Brady, Sweeney andDolan.

An emergency ordinance amend-ing the Title and Sections 1 and 2of Ordinance No. 1034-03 passed June2, 2003 as it relates to the ClevelandFire Fighters Memorial Fund forCleveland Fire Fighters MemorialRelocation/Enhancement Projectthrough the use of Ward(s) 13, 1, 2,6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18,19, 20, 21 Neighborhood EquityFunds.



Section 1. That the Title and Sec-tions 1 and 2 of Ordinance No. 1034-03 passed June 2, 2003 are herebyamended to read as follows:

An emergency ordinance autho-rizing the Director of Parks, Prop-erties and Recreation to enter intoan agreement with the ClevelandFire Fighters Memorial Fund forCleveland Fire Fighters MemorialRelocation/Enhancement Projectthrough the use of Ward(s) 13, 1,2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17,18, 19, 20, 21 Neighborhood EquityF u n d s .

Section 1. That the Director ofParks, Properties and Recreation isauthorized to enter into an agree-ment with the Cleveland Fire Fight-ers Memorial Fund for the ClevelandFire Fighters Memorial Reloca-tion/Enhancement Project for thepublic purpose of creating a sculp-ture that describes the profession offire fighting to City of Clevelandresidents through the use ofWard(s) 1, 2, 6, 8, 9, 10, 11, 12, 13,14, 15, 16, 17, 18, 19, 20 and 21 Neigh-borhood Equity Funds.

Section 2. That the cost of saidcontract shall be in an amount notto exceed $16,500 and shall be paidfrom Fund No. 10 SF 166.

Section 2. That the Title and Sec-tions 1 and 2 of Ordinance No. 1034-03 passed June 2, 2003 are herebyrepealed.



Ord. No. 1115-03.By Council Member Conwell.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into an agree-ment with Garrett Square Develop-ment Corp. for the Garrett SquareYouth Economic Development Pro-gram through the use of Ward 9Neighborhood Equity Funds.


1563



Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementwith Garrett Square DevelopmentCorp. for the Garrett Square YouthEconomic Development Programfor the public purpose of teachingCleveland Public School studentsabout the concepts of economicdevelopment through the use ofWard 9 Neighborhood EquityF u n d s .


Section 3. That the Director ofLaw shall prepare and approve saidcontract and that the contract shallcontain such terms and provisionsas he deems necessary to protect theCity’s interest.



Ord. No. 1116-03.By Council Member Gordon.An emergency ordinance to amend

Sections 1 and 2 of Ordinance No.2191-02, passed November 11, 2002 asit pertains to authorizing the Direc-tor of Community Development toenter into an agreement with SeniorCitizens Resources Inc for HolidayMeals Program through the use ofWard 15 Neighborhood EquityFunds.



Section 1. That Sections 1 and 2 ofOrdinance No. 2191-02, passedNovember 11, 2002 are herebyamended to read as follows:

Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementeffective from December 1, 2001 toDecember 31, 2003 with Senior Citi-zens Resources Inc for the HolidayMeals Program for the public pur-pose of providing holiday meals tosenior citizens residing in the Cityof Cleveland through the use ofWard 15 Neighborhood EquityFunds.


Section 2. That Sections 1 and 2 ofOrdinance No. 2191-02, passedNovember 11, 2002 are hereby re-pealed.




ing the Director of CommunityDevelopment to enter into an agree-ment with Burten, Bell, Carr Devel-opment Inc. for the CommunityAwareness and Safety Programthrough the use of Ward 5 Neigh-borhood Equity Funds.



Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementeffective May 30, 2003 with Burten,Bell, Carr Development Inc. for theCommunity Awareness and SafetyProgram for the public purpose ofproviding educational workshops forCleveland residents on safety, com-munity services, and health throughthe use of Ward 5 NeighborhoodEquity Funds.





Ord. No. 1118-03.By Council Member Johnson.An emergency ordinance authoriz-

ing the Director of Parks, Propertiesand Recreation to enter into anagreement with the Cleveland Base-ball Federation for a ClevelandBaseball Federation Programthrough the use of Ward 4 Neigh-borhood Equity Funds.



Section 1. That the Director ofParks, Properties and Recreation isauthorized to enter into an agree-ment with the Cleveland BaseballFederation for a Cleveland Base-ball Federation Program for thepublic purpose of providing base-ball recreational activities for Cityof Cleveland youth through the useof Ward 4 Neighborhood EquityF u n d s .





Ord. No. 1119-03.By Council Member Lewis.An emergency ordinance a u t h o-

rizing the Director of CommunityDevelopment to enter into an agree-ment with the Center for SelfImprovement Enrichment Centerfor Project Launch through the useof Ward 7 Neighborhood EquityF u n d s .



Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementwith the Center for Self Improve-ment Enrichment Center for ProjectLaunch for the public purpose ofproviding workforce training andsupportive services referral for Cityof Cleveland residents through theuse of Ward 7 Neighborhood EquityFunds.






1564


ing the Director of CommunityDevelopment to enter into an agree-ment with the Center for SelfImprovement Enrichment Center forthe Women of Excellence Programthrough the use of Ward 7 Neigh-borhood Equity Funds.



Section 1. That the Director ofCommunity Development is autho-rized to enter into an agreementwith the Center for Self Improve-ment Enrichment Center for theWomen of Excellence Program forthe public purpose of providingassistance to young women residingin the City of Cleveland in the areaof self improvement and developingbasic life skills in order to lead pro-ductive lives through the use ofWard 7 Neighborhood Equity Funds.






Conwell and Zone.An emergency ordinance authoriz-

ing the Director of CommunityDevelopment to enter into a grantagreement with African AmericanMusic Association, Inc. for providingtheir You Won’t Foul Out with anEducation program in order to carryout the public purpose of providingeducational programming to the res-idents of the City of Clevelandthrough the use of Ward 9 Neigh-borhood Equity Funds.



Section 1. That the Director ofCommunity Development is autho-rized to enter into a grant agree-ment with African American MusicAssociation, Inc. for providing theirYou Won’t Foul Out with an Edu-cation program in order to carry outthe public purpose of providing edu-cational programming to the resi-dents of the City of Cleveland

through the use of Ward 9 Neigh-borhood Equity Funds.





Ord. No. 1123-03.By Council Member Westbrook.An emergency ordinance authoriz-

ing the Director of Finance to enterinto contract for the purchase of one(1) speed enforcement mobile detec-tor unit for use in Ward 18 throughthe use of Restricted Income Taxfunds after a dollar for dollarexchange of NEF funds for Restrict-ed Income Tax funds.

Whereas, Codified Ordinance Sec-tion 191.0101 provides that Restrict-ed Income Tax funds shall only beapplied to certain payments; and

Whereas, the Department ofFinance has agreed to exchangeNEF funds for Restricted IncomeTax funds; and

Whereas, this type of exchangeand similar exchanges will increaserevenue to the City’s general fund;and

Whereas, NEF dollars from Ward18 were exchanged dollar for dollarfor Restricted Income Tax funds;and



Section 1. That the Director ofFinance is hereby authorized toenter into a written contract, inaccordance with the Charter and theCodified Ordinances of Cleveland,Ohio, 1976, for the purchase of one(1) speed enforcement mobile detec-tor unit and related equipment foruse in Ward 18.

Section 2. That the cost of saidcontract hereby authorized shall bepaid from Fund No. 10 SF 166 and/orFund No. 11 SF 006.



Ord. No. 1124-03.By Council Member Zone.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Tillman Avenue toJack Meyers-Kiousis and AlannaMeyers-Kiousis.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 003-09-064,003-09-088, 003-09-102, as more fullydescribed below, to Jack Meyers-Kiousis and Alanna Meyers-Kiousis.



County of Cuyahoga and State ofOhio, and known as being the East-erly part of Sublot No. 391 in S.S.Stone’s Subdivision of part of Origi-nal Brooklyn Township Lot No. 50,as shown by the recorded plat inVolume 2 of Maps, Page 19 of Cuya-hoga County Records and boundedand described as follows:

Beginning on the Northerly line ofTillman Avenue, N.W., at the South-easterly corner of said Sublot No.391; thence Northerly along the East-erly line of said Sublot No. 391, 132feet to the Northeast corner of saidSublot; thence Westerly along theNortherly line of said Sublot 30 feet;thence Southerly to a point on theSoutherly line of said Sublot 33 feetWesterly from the line beginning;thence Easterly along the Northerlyline of Tillman Avenue, N.W., 33 feetto the place of beginning, be thesame more or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being part ofSublot Nos. 391 and 392 in S.S. StonesSubdivision of part of OriginalBrooklyn Township Lot No. 50, asshown by the recorded plat in Vol-ume 2 of Maps, Page 19 of CuyahogaCounty Records, bounded anddescribed as follows:

Beginning on the Southeasterlyline of West 58th Street, (formerly


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Waverly Avenue), at the Northwest-erly corner of said Sublot No. 392;thence Easterly along the Northerlyline of said Sublot No. 392 and 391,about 28.17 feet to the Northwester-ly corner of land conveyed toThomas Curley by Deed datedAugust 20, 1890 and recorded in Vol-ume 468, Page 629 of CuyahogaCounty Records; thence Southerlyalong the Westerly line of land con-veyed to Thomas Curley, about 50feet to the Northwesterly corner ofland conveyed to Dennis McIntyreby Deed dated September 11, 1890and recorded in Volume 484, Page 25of Cuyahoga County Records; thenceWesterly along the Northerly line ofland so conveyed to Dennis McIn-tyre, about 33.70 feet to the saidSoutheasterly line of West 58thStreet; thence Northeasterly alongsaid Southeasterly line of West 58thStreet, about 52.90 feet to the placeof beginning, be the same more orless, but subject to all legal high-ways.



County of Cuyahoga and State ofOhio, and known as being parts ofSublot Nos. 391 and 392 in S.S.Stone’s Subdivision of part of Origi-nal Brooklyn Township Lot No. 50as shown by the recorded plat inVolume 2 of Maps, Page 19 of Cuya-hoga County Records, together form-ing a parcel of land bounded anddescribed as follows:

Beginning in the Northerly line ofTillman Avenue, N.W., at its inter-section with the Easterly line ofWest 58th Street; thence Northeast-erly along the Northwesterly side ofTillman Avenue, 71.53 feet (priordeed 70.83 feet proportional share ofsurplus .70 feet; the surplus being 6feet between West 58th Street andWest 54th Street) to the Southwest-erly line of land conveyed to Leo-nard Anthony Macken and HelenMacken by deed dated May 6, 1946and recorded in Volume 6079, Page283 of Cuyahoga County Records forthe beginning of the parcel to beconveyed; thence Northwesterlyalong the Southwesterly line of landso conveyed to Leonard Macken andHelen Macken, 63.54 feet; thencedeflecting to the left 91° 16' to theleft measure 29.52 feet to a drill holein the top of stone step; thencedeflecting 84° 10' 30" to the leftmeasure 63.88 feet to an iron pin onthe Northerly line of Tillman Ave-nue; thence Northeasterly along Till-man Avenue, 34.50 feet to the placeof beginning.


Section 4. That the considerationfor the subject parcel shall be estab-lished by the Board of Control and

shall be not less than Fair MarketValue taking into account suchterms and conditions, restrictionsand covenants as are deemed nec-essary or appropriate.





ing the sale of real property as partof the Land Reutilization Programand located at on scattered sites toNortheastern Neighborhood Develop-ment Corporation.

Whereas, the City of Clevelandadopted and implemented proce-dures under Chapter 5722 of theOhio Revised Code to facilitatereutilization of nonproductive landssituated within the City of Cleve-land; and




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 110-19-038 asmore fully described below, to North-eastern Neighborhood DevelopmentCorporation.



County of Cuyahoga and State ofOhio, and known as being part ofOriginal One Hundred Acre Lot No.371, and described as follows:

Beginning on the Southerly line ofTemblett Avenue, N.E., at the North-

easterly corner of a parcel of landconveyed to William J. Shannon andothers, which deed is dated Novem-ber 9, 1912 and recorded in Volume1417, Page 638 of Cuyahoga CountyRecords; thence Westerly along saidSoutherly line 42 feet; thence South-erly about 81.84 feet to a point inthe Southerly line of a parcel ofland conveyed to Lena Janovitz bydeeded dated November 4, 1918 andrecorded in Volume 2133, Page 436of Cuyahoga County Records; dis-tant Westerly measured along saidSoutherly line 42 feet from theSoutheasterly corner of said parcelat a point in the Northerly line of aparcel of land conveyed to Louisand Ida Kreiger by deed dated June9, 1927 and recorded in Volume 3495,Page 474 of Cuyahoga CountyRecords; thence Westerly along saidNortherly line 4.50 feet to theNorthwesterly corner thereof; thenceSoutherly along the Southerly line ofsaid parcel so conveyed 50 feet tothe Southeasterly corner thereof;thence Easterly along the Southerlyline of said parcel so conveyed 46.37feet to the Southeasterly cornerthereof; thence Northerly along theEasterly line of said parcel so con-veyed to Louis and Ida Kreiger andalong the Easterly line of the par-cel of land conveyed to LenaJanovitz as aforesaid 129.14 feet tothe place of beginning, be the samemore or less, but subject to all legalhighways.

Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 110-20-040 asmore fully described below to North-eastern Neighborhood DevelopmentCorporation.



County of Cuyahoga and State ofOhio, and known as being Sublot No.25 in the B. Carl Tremaines HopkinsAvenue Allotment of part of Origi-nal One Hundred Acre Lot No. 371as shown by the recorded plat inVolume 60 of Maps, Page 28 of Cuya-hoga County Records, and being 40feet front on the Northerly side ofHopkins Avenue, N.E. and extendingback 146.03, feet deep on the West-erly line, 146.54 feet on the brokenEasterly line, which is also theWesterly line of East 117th Street,and having a rear line of 38.23 feet,as appears by said plat, be the samemore or less, but subject to all legalhighways.





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County of Cuyahoga and State ofOhio, and known as being SublotNo. 38 in the Wagner Allotment ofpart of Original One Hundred AcreLot No. 371, as shown by the record-ed plat in Volume 49 of Maps, Page24 of Cuyahoga County Records,and being a parcel of land 40 feetfront on the Southerly side of Fair-port Avenue, N.E. and extendingback of equal width 100 feet, asappears by said plat, be the samemore or less, but subject to alllegal highways.


Section 7. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 110-21-081 asmore fully described, to Northeast-ern Neighborhood Development Cor-poration.



County of Cuyahoga and State ofOhio, and known as Sublot No. 7 inThe Wagner Allotment of part ofOriginal One Hundred Acre Lot No.371 as shown by the recorded platin Volume 49 of Maps, Page 24 ofCuyahoga County Records, andbeing 40 feet front on the Northerlyside of Fairport Avenue, N.E. andextending back of equal width 100feet, as appears by said plat, be thesame more or less, but subject to alllegal highways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.36 in L.J. Hostetter’s Subdivision ofpart of Original One Hundred AcreLot No. 371, as shown by the record-ed plat in Volume 46 of Maps, Page7 of Cuyahoga County Records. SaidSublot No. 36 has a frontage of 40feet on the Northerly side of OhlmanAvenue, N.E. and extending back ofequal width 100 feet deep, asappears by said plat.





County of Cuyahoga and State ofOhio, and known as being Sublot No.158 in the Lake View Land andImprovement Company’s Subdivisionof a part of Original One HundredAcre Lot Nos. 379 and 380, as shownby the recorded plat in Volume 40of Maps, Page 13 of Cuyahoga Coun-ty Records, and being 40 feet fronton the Southerly side of ChesterfieldAvenue N.E., and extending back ofequal width 112 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.42 in H.C. Ford’s Allotment of partof Original One Hundred Acre LotsNos. 387 and 388 as shown by therecorded plat in Volume 14 of Maps,Page 47 of Cuyahoga CountyRecords, being 40 feet front on theSoutherly side of Moulton Avenue,N.E., and extending back of equalwidth 125 feet deep, be the samemore or less, but subject to all legalhighways. Also subject to all zoningordinances, if any.




County of Cuyahoga and State ofOhio, and known as being all orSublot No. 23 in the H. Clark Ford’sAllotment of part of Original OneHundred Acre Lots Nos. 387 and 388as shown by the recorded plat inVolume 14 of Maps, Page 47 of Cuya-hoga County Records, and being 40feet front on the Northerly line ofKelton Avenue, N.E., and extendsback between parallel lines, 125 feetdeep, as appears by said plat, be thesame more or less, but subject to alllegal highways.

Section 17. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-

plies is hereby authorized to sellPermanent Parcel No. 120-11-032 asmore fully described below, to North-eastern Neighborhood DevelopmentCorporation.



County of Cuyahoga and State ofOhio, and known as being Sublot No.16 in the Aumik Allotment of partof Original One Hundred Acre LotNo. 388, as shown by the recordedplat in Volume 16 of Maps, Page 5of Cuyahoga County Records, andbeing 48 feet fronton the North-westerly side of Ashbury Avenue,N.E., (formerly Crawford Street) andextending back 135.97 feet, on theEasterly line; 140.82 feet on theWesterly line and having an irreg-ular rear line of 41.07 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being SublotNo. 17 in the Aumick Subdivision ofpart of Original One Hundred AcreLot No. 388. as shown by the record-ed plat in Volume 16 of Maps, Page5 of Cuyahoga County Records andbeing 47.75 feet front on the North-westerly side of Ashbury Avenue,N.E., (formerly Crawford Street)and extending back 135.97 feet onthe Westerly line, 114.99 feet on theEasterly line and having a rearline of 41.77 feet, as appears bysaid plat.

Section 21. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases andSupplies is hereby authorized to sellPermanent Parcel No. 120-14-010 asmore fully described below, to North-eastern Neighborhood DevelopmentCorporation.



County of Cuyahoga and State ofOhio and further described as fol-lows: and known as being Sublot No.33 in Martin Dodge’s Subdivision ofpart of Original One Hundred AcreLot No. 388, as shown by the record-ed plat in Volume 17 of Maps, Page16 of Cuyahoga County Records, andbeing 38 feet front on the South-easterly side of Crawford Road


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(now known as Ashbury Avenue,N.E.) and extending back of equalwidth 120 feet along the Northeast-erly side of McKinley Street (nowknown as East 123rd Street) asappears by said plat, be the samemore or less, but subject to all legalhighways.

Subject to: Easement recited onDocument No. 139520 of CuyahogaCounty Records filed February 16,1948.

Subject to: Easement recited inVolume 10936, Page 613 of CuyahogaCounty Records filed August 8, 1963.





County of Cuyahoga and State ofOhio, and known as being Sublot No.35 in the Martin Dodge Subdivisionof part of Original One HundredAcre Lot No. 388, as shown by therecorded plat in Volume 17 of Maps,Page 16 of Cuyahoga CountyRecords, and being 44 feet front onthe Southeasterly side of AshburyAvenue, N.E. (formerly CrawfordStreet), 120 feet on the Southwest-erly line, 112.90 feet on an irregularNortheasterly line, and having anirregular rear line of 39.29 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.





County of Cuyahoga and State ofOhio, and known as being Sublot No.17 in H. C. Ford’s Allotment of partof Original One Hundred Acre LotNo. 388, as shown by the recordedplat in Volume 14 of Maps, Page 40of Cuyahoga County Records andbeing 40 feet front on the Westerlyside of East 120th Street (formerlyOakland Avenue), and extendingback of equal width 120 feet, asappears by said plat, be the samemore or less, but subject to all legalhighways.


Section 27. That all documentsnecessary to complete the con-veyance authorized by this ordi-nance shall be executed within six

(6) months of the effective date ofthis ordinance. If all of the docu-ments are not executed within six(6) months of the effective date ofthis ordinance, or such additionaltime as may be granted by theDirector of Community Develop-ment, this ordinance shall berepealed and shall be of no furtherforce or effect.






ing the sale of real property as partof the Land Reutilization Programand located on scattered sites toNortheastern Neighborhood De-velopment Corporation.

Whereas, the City of Clevelandadopted and implemented proceduresunder Chapter 5722 of the OhioRevised Code to facilitate reutiliza-tion of nonproductive lands situatedwithin the City of Cleveland; and




Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio, 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 110-27-093 asmore fully described below, to N o r t h-eastern Neighborhood DevelopmentCorporation.



County of Cuyahoga and State ofOhio, and known as being Sublot No.158 in the Lake View Land andImprovement Company’s Subdivisionof a part of Original One HundredAcre Lot Nos. 379 and 380, as shownby the recorded plat in Volume 40of Maps, Page 13 of Cuyahoga Coun-ty Records, and being 40 feet fronton the Southerly side of ChesterfieldAvenue N.E., and extending back ofequal width 112 feet deep, asappears by said plat, be the samemore or less, but subject to all legalhighways.


Section 3. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 120-03-127 asmore fully described below to North-eastern Neighborhood DevelopmentCorporation.



County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 62 and part of Sublot No.63 in the Hamilton’s Allotment of apart of Original One Hundred AcreLot No. 387as shown by the record-ed plat in Volume 24 of Maps, Page13 of Cuyahoga County Recordsand together forming a parcel ofland bounded and described as fol-lows:

Beginning on the Easterly line ofEast 110 East Street (formerly Park-wood Avenue) and the Northwester-ly corner of said Sublot No. 62;thence Easterly along the saidNortherly line of Sublot No. 62, 109.76feet to the Northeasterly cornerthereof; thence Southerly along theEasterly line of Sublot No. 62, 40feet to the Southeasterly cornerthereof; thence Westerly along thesaid Southerly line of Sublot No. 62,32 feet; thence Southerly parallel tothe Easterly line of East 110thStreet, 5 feet; thence Westerly par-allel to the Northerly line of saidSublot No. 63, 78.01 feet to the East-erly line of East 110th Street; thenceNortherly along the said Easterlyline of East 110th Street, 45 feet tothe place of beginning.





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County of Cuyahoga and State ofOhio, and known as being SublotNo. 84 in Knight and Richardson’sAllotment of part of Original OneHundred Acre Lot No. 387, as shownby the recorded plat in Volume 15of Maps, Page 19 of CuyahogaCounty Records and being 40 feetfront on the Westerly side of East112th Street (formerly CullisonStreet) and extending back ofequal width 100 feet, as appears bysaid plat.

Section 7. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No. 120-08-091 asmore fully described, to Northeast-ern Neighborhood Development Cor-poration.



County of Cuyahoga and State ofOhio, and known as being Sublot No.30 in Knight and Richardson Subdi-vision of part of Original One Hun-dred Acre Lot No. 387 as shown bythe recorded plat in Volume 15 ofMaps, Page 19 of Cuyahoga CountyRecords and being 40 feet front onthe Westerly side of East 111thStreet and extending back of equalwidth 120 feet, as appears by saidplat, be the same more or less, butsubject to all legal highways.




Section 12. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage and



Ord. No. 1137-03.By Council Members Conwell and

Coats.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located on Brackland Avenue toEastside Neighborhood Homes L.P.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 110-15-194,110-15-195 and 110-15-001 as morefully described below, to EastsideNeighborhood Homes L.P.



County of Cuyahoga and State ofOhio, and known as being Sublot No.45 in the Bor-Mot Superior ThroughSubdivision as shown by the record-ed plat in Volume 85 of Maps, Page40 of Cuyahoga County Records, andbeing a parcel of land 42.26 feetfront on the Southerly curved sideof Brackland Avenue, N.E. andextending back 115 on the Westerlyline, 128.62 feet on the Easterly lineand having a rear line of 40 feet asappears by said plat, be the samemore or less, but subject to all legalhighways.

An undivided 1/8 interest is here-by conveyed.


County of Cuyahoga and State ofOhio, and known as being SublotNo. 44 in Bor Mot Superior ThroughSubdivision of part of Original OneHundred Acre Lots Nos. 365 and373, as shown by the recorded platin Volume 85 of Maps, Page 40 ofCuyahoga County Records andbeing 46.76 feet front on theSoutherly curved side of BracklandAvenue, N.E., and extending back

152.90 feet on the Easterly line,128.62 feet on the Westerly line andhaving a rear line of 40 feet, asappears by said plat, be the samemore or less, but subject to alllegal highways.



County of Cuyahoga and State ofOhio, and known as being SublotNos. 2 and 3 in the Bor Mot Supe-rior Through Subdivision of part ofOriginal One Hundred Acre LotsNos. 365 and 373 as shown by therecorded plat in Volume 85 ofMaps, Page 40 of Cuyahoga Coun-ty Records and together forming aparcel of land having a frontage of74 feet on the Easterly side of East128th Street and extending back124.75 feet on the Southerly line,124.94 feet on the Northerly line,which is also the Southerly line ofBrackland Avenue, N.E., and hav-ing a rear line of 79 feet, asappears by said plat, be the samemore or less, but subject to alllegal highways.

Subject to restrictions recorded inVolume 85, Page 40 of CuyahogaCounty Records.

Also subject to restrictions record-ed in Volume 2927, Page 387 ofCuyahoga County Records.

Further subject to Zoning Ordi-nances, if any.







1569


ing the sale of real property as partof the Land Reutilization Programand located on East 39th Street toBurten, Bell, Carr Development, Inc.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 103-31-064and 103-31-080, as more fullydescribed below, to Burten, Bell,Carr Development, Inc.



County of Cuyahoga and State ofOhio, and known as being theNortherly one-half of Sublot No. 110and all of Sublot No. 112 in CharlesH. Norton’s Re-Subdivision of CharlesH. Norton’s former Subdivision ofpart of Original Ten Acre Lot No. 44,as shown by the recorded plat of saidRe-Subdivision and Subdivision inVolume 3 of Maps, Page 24 of Cuya-hoga County Records, said Northerlyone-half of Sublot No. 110 and all ofSublot No. 112 together forming aparcel of land having a frontage of45 feet on the Westerly side of East39th Street, (formerly Osborn Street)and extending back of equal width125 feet, as appears by said plat, bethe same more or less, but subject toall legal highways.


County of Cuyahoga and State ofOhio, and known as being all ofSublot No. 64 and the Northerly one-half of Sublot No. 62 in the C.H.Nor-ton Subdivision of part of OriginalTen Acre Lot No. 44 as shown bythe recorded plat in Volume 3 ofMaps, Page 24 of Cuyahoga Coun-ty Records,, together forming aparcel of land 45 feet front on theWesterly side of East 39th (for-merly Osborne Street and extend-ing back of equal width 125 feet asappears by said plat, be the samemore or less, but subject to alllegal highways.

Section 3. That all documents nec-essary to complete the conveyanceauthorized by this ordinance shall

be executed within six (6) monthsof the effective date of this ordi-nance. If all of the documents arenot executed within six (6) monthsof the effective date of this ordi-nance, or such additional time asmay be granted by the Director ofCommunity Development, this ordi-nance shall be repealed and shall beof no further force or effect.






ing the sale of real property as partof the Land Reutilization Programand located on East 87th Street toEmmett Bismarck Saunders III.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 119-05-063and 119-05-064, as more fullydescribed below, to Emmett Bismar-ck Saunders III.



County of Cuyahoga and State ofOhio, and known as being theSoutherly 18 feet from front to rearof Sublot No. 24, and the Northerly 21feet from front to rear of Sublot No.25 in Heisel and Stewart’s Allotmentof part of Original One Hundred AcreLots Nos. 391, 392 and 400 as shownby the recorded plat in Volume 13 ofMaps, Page 20 of Cuyahoga CountyRecords, and together forming a par-cel of land having a frontage of 39feet on the Easterly side of East 87thStreet (formerly Brookfield Street),and extending back of equal width125 feet, as appears by said plat, bethe same more or less, but subject toall legal highways.



County of Cuyahoga and State ofOhio, and known as being theSoutherly 13 feet on Sublot No. 23,and the Northerly 26 feet of SublotNo. 24 in Heisel and Stewart’s Sub-division of part of Original OneHundred Acre Lots Nos. 391, 392 and400 as shown by the recorded platin Volume 13 of Maps, Page 20 ofCuyahoga County Records, andtogether forming a parcel of land 39feet front on the Easterly side ofEast 87th Street (formerly Brook-field Street), and extending back ofequal width 125 feet, as appears bysaid plat, be the same more or less,but subject to all legal highways.





Section 6. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,


1570

it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise itshall take effect and be in forcefrom and after the earliest periodallowed by law.



ing the sale of real property as partof the Land Reutilization Programand located on Linwood Avenue toAntonio Lyndell Mitchell andStephanie Gilbert McDonald.





Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 106-11-032,as more fully described below, toAntonio Lyndell Mitchell andStephanie Gilbert McDonald.



County of Cuyahoga and State ofOhio, and known as being the Orig-inal One Hundred Acre Lot No. 342and bounded and described as fol-lows:

Beginning on the Northerly lineof Linwood Avenue, N.E. (formerlyLinwood Street) at a point distantEasterly 997 feet front it intersec-tion with the Easterly line of East71st Street (formerly GiddensAvenue); thence Northerly about149 feet to a point in the Souther-ly line of Simpson an Goakes Allot-ment; 997 feet East of Westerlyline of East 71st Street; thenceEasterly, along the Southerly lineof Simpson and Goakes Allotment50 feet; thence Southerly about 149feet to a point in the Northerly lineof Linwood Avenue, N.E. 50 feetEasterly of the place of beginning;thence Westerly along the Norther-ly line of Linwood Avenue, N.E. 50feet to the place of beginning andbeing further known as Sublot No.17 in Thomas N. White proposedAllotment of a part of Original One

Hundred Acre Lot No. 342, be thesame more less, but subject to alllegal highways.

Subject to: Restrictions recited inVolume 980, Page 617 of CuyahogaCounty Records filed August 17,1905






Ord. No. 1141-03.By Council Member Scott.An emergency ordinance authoriz-

ing the sale of real property as partof the Land Reutilization Programand located at 10413 Ostend Avenueto Maher J. Ali.



Whereas, this ordinance consti-tutes an emergency measure provid-ing for the usual daily operation of

a municipal department; now, there-fore,


Section 1. That pursuant to Sec-tion 183.021 of the Codified Ordi-nances of Cleveland, Ohio 1976, theCommissioner of Purchases and Sup-plies is hereby authorized to sellPermanent Parcel No(s). 109-09-138,as more fully described below, toMaher J. Ali.



County of Cuyahoga and State ofOhio, and known as being Sublot No.301 in B. Schatzinger’s SuperiorPark Subdivision of part of OriginalOne Hundred Acre Lot No. 377, asshown by the recorded plat in Vol-ume 35 of Maps, Page 20 of Cuya-hoga County Records and being 40feet front on the Northerly side ofOstend Avenue, N.E., and extendingback of equal width 87.50 feet asappears by said plat, be the samemore or less, but subject to all legalhighways.

Subject to easement recorded inVolume 1201, Page 456 of CuyahogaCounty Records.








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Ord. No. 1142-03.By Council Members Brady and

Johnson.An emergency ordinance to amend

Section 133.32 of the Codified Ordi-nances of Cleveland, Ohio, 1976, asamended by Ordinance No. 839-02,passed June 3, 2002, relating to therental of Halloran Skating Rink.



Section 1. That Section 133.32 ofthe Codified Ordinances of Cleve-land, Ohio, 1976, as amended byOrdinance No. 839-02, passed June 3,2002, is hereby amended to read asfollows:

Section 133.32 Rental of HalloranSkating Rink

(a) The Commissioner of Recre-ation may allow private parties torent Halloran Skating Rink duringany period when Division of Recre-ation programs are not scheduledor in progress provided that saidparties secure a permit from theDirector of Recreation pursuant toSection 133.03 and pay the feesspecified in division (b) of this sec-t i o n .

(b) The Director of Parks, Recre-ation and Properties shall assessand collect the following fees andcharges for the rental of HalloranSkating Rink:

(1) Permit application, pursuant toSection 133.03

$10.00(2) Fee for rental of rink

N/A(3) Personnel and Operating

Expenses$88.00 per hour

(4) Utility Charges$32.00 per hour

(c) The Director of Parks, Recre-ation, and Properties shall depositthe fees and charges collected forthe rental of Halloran Skating Rinkinto the fund or funds designatedto pay the costs of the general oper-ation of the skating rink, the equip-ment and maintenance costs asso-ciated with maintaining the skat-ing rink, and for skating rink facil-ity improvements and that thesefunds collected may be used for andare appropriated for these purpos-e s .

(d) During any period when Divi-sion of Recreation programs are notscheduled or in progress, the Com-missioner of Recreation shall allowbranches, departments, offices, andgroups of the City of Cleveland touse Halloran Skating Rink providedthat such groups pay one-half of thepermit application, personnel andoperating expenses, and utilitycharge fees specified in division (b)of this section. The Director ofParks, Recreation, and Propertiesshall not require more than fivedays prior notice to obtain the per-mit required by Section 133.03.

Section 2. That existing Section133.32 of the Codified Ordinances ofCleveland, Ohio, 1976, as amendedby Ordinance No. 839-02, passed June3, 2002, is hereby repealed.



Ord. No. 1143-03.By Council Member Cimperman.An emergency ordinance consent-

ing and approving the issuance of apermit for the Gal’Lop For Kids 5KRun on December 14, 2003, sponsoredby HMA Productions.



Section 1. That pursuant to Section411.06 of the Codified Ordinances ofCleveland, Ohio 1976, this Councilconsents to and approves the holdingof the Gal’lop For Kids 5K Run, spon-sored by HMA Productions, onDecember 14, 2003, with the Runbeginning at East 22 & Central, East22nd to Cedar, Cedar to East 30th,East 30th to Central, Central to East40th, East 40th to Woodland, Wood-land to East 22nd, East 22nd to Com-munity College, Community Collegeto East 24th, East 24th to Central,Central to East 22nd to Finish, pro-vided that the applicant sponsor shallmeet all the requirements of Section411.05 of the Codified Ordinances ofCleveland, Ohio, 1976. Streets may beclosed as determined by the Chief ofPolice and safety forces as may benecessary in order to protect the par-ticipants in the event. Said permitshall further provide that the City ofCleveland shall be fully indemnifiedfrom any and all liability resultingfrom the issuance of the same, to theextent and in form satisfactory to theDirector of Law.

Section 2. That this ordinance ishereby declared to be an emergencymeasure and, provided it receivesthe affirmative vote of two-thirds ofall the members elected to Council,it shall take effect and be in forceimmediately upon its passage andapproval by the Mayor; otherwise, itshall take effect and be in forcefrom and after the earliest periodallowed by law.



ing and approving the issuance of apermit for the Easter Seals Walkwith Me 5K Run & Walk on July 19,2003, sponsored by Hermes Sports &Events.



Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of the Easter SealsWalk with Me 5K Run & Walk,sponsored by Hermes Sports &Events, on July 19, 2003, with theRun/Walk beginning at West 3rdand Stones Levee, West 3rd to EagleStreet Ramp, Eagle Street Ramp toEagle Street, Eagle Street toOntario, Ontario to Huron, Huron toWest Superior hill, West Superiorhill to West 10th, West 10th toFront, Front to Old River Road, OldRiver Road to Settler’s Landingsidewalk, Settler’s Landing side-walk to Merwyn, Merwyn to Center,Center to Canal, Canal to TowerCity Amphitheatre parking lot, pro-vided that the applicant sponsorshall meet all the requirements ofSection 411.05 of the Codified Ordi-nances of Cleveland, Ohio, 1976.Streets may be closed as determinedby the Chief of Police and safetyforces as may be necessary in orderto protect the participants in theevent. Said permit shall further pro-vide that the City of Cleveland shallbe fully indemnified from any andall liability resulting from theissuance of the same, to the extentand in form satisfactory to theDirector of Law.



Ord. No. 1145-03.By Council Members Zone and

Cimperman.An emergency ordinance consent-

ing and approving the issuance of apermit for the St. Patrick’s Pot-O-Gold Run on June 21, 2003, spon-sored by Hermes Sports & Events.



Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of the St. Patrick’s Pot-O-Gold Run, sponsored HermesSports & Events, on June 21, 2003,with the Run Route beginning atWest 54th & Bridge, Bridge to Ful-ton, Fulton to Franklin, Franklinto West 65th, turn around, returnsame route, provided that the appli-cant sponsor shall meet all therequirements of Section 411.05 ofthe Codified Ordinances of Cleve-land, Ohio, 1976. Streets may beclosed as determined by the Chiefof Police and safety forces as may


1572

be necessary in order to protect theparticipants in the event. Said per-mit shall further provide that theCity of Cleveland shall be fullyindemnified from any and all lia-bility resulting from the issuanceof the same, to the extent and inform satisfactory to the Director ofL a w .




ing and approving the issuance of apermit for the USO Run for theTroops on June 14, 2003, sponsoredby Hermes Sports & Events.



Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of the USO Run for theTroops, sponsored by Hermes Sports& Events, on June 14, 2003, with theRun beginning at the US NavalReserve Center on N. MarginalRoad, N. Marginal Road to East 9th,East 9th to Lakeside, Lakeside toOntario, turn around, Lakeside toEast 9th, East 9th to Erieside,Erieside to Al Lerner Way, AlLerner Way to West 3rd, West 3rdto Erieside, Erieside across East 9thto N. Marginal, N. Marginal to East26th, turn around, N. Marginal toNaval Reserve and Finish, providedthat the applicant sponsor shallmeet all the requirements of Section411.05 of the Codified Ordinances ofCleveland, Ohio, 1976. Streets maybe closed as determined by theChief of Police and safety forces asmay be necessary in order to pro-tect the participants in the event.Said permit shall further providethat the City of Cleveland shall befully indemnified from any and allliability resulting from the issuanceof the same, to the extent and inform satisfactory to the Director ofL a w .




Conwell.An emergency ordinance c o n s e n t-

ing and approving the issuance of apermit for The 4th Annual BreastCancer Preventathon 5K Walk onJune 8, 2003, sponsored by the 3-HGroup and One to One Fitness Center.



Section 1. That pursuant to Sec-tion 411.06 of the Codified Ordi-nances of Cleveland, Ohio 1976, thisCouncil consents to and approvesthe holding of The 4th AnnualBreast Cancer Preventathon 5KWalk, sponsored the 3-H Group andOne to One Fitness Center, on June8, 2003, with the Walk Route begin-ning at One to One Fitness Center;north on Adelbert to Euclid Avenue,Euclid to Mayfield, Mayfield to Ran-dom, Random to Corness, Cornell toCircle, Circle to One to One; repeatthe course, provided that the appli-cant sponsor shall meet all therequirements of Section 411.05 of theCodified Ordinances of Cleveland,Ohio, 1976. Streets may be closed asdetermined by the Chief of Policeand safety forces as may be neces-sary in order to protect the partici-pants in the event. Said permit shallfurther provide that the City ofCleveland shall be fully indemnifiedfrom any and all liability resultingfrom the issuance of the same, tothe extent and in form satisfactoryto the Director of Law.




ing and approving the issuance of apermit for the Healthy Start Run onAugust 3, 2003, sponsored by HMAProductions.



Section 1. That pursuant to Section411.06 of the Codified Ordinances ofCleveland, Ohio 1976, this Councilconsents to and approves the holdingof the Healthy Start Run, sponsoredby HMA Productions, on August 3,2003, with the Race beginning atEast 22nd & Woodland, East 22nd toCarnegie, Carnegie to East 9th, East9th to Euclid, Euclid to East 21st,East 21st to Cedar, Cedar to East22nd, East 22nd to Woodland, Finish,provided that the applicant sponsor

shall meet all the requirements ofSection 411.05 of the Codified Ordi-nances of Cleveland, Ohio, 1976.Streets may be closed as determinedby the Chief of Police and safetyforces as may be necessary in orderto protect the participants in theevent. Said permit shall further pro-vide that the City of Cleveland shallbe fully indemnified from any and allliability resulting from the issuanceof the same, to the extent and in formsatisfactory to the Director of Law.




ing and approving the issuance of apermit for the Cleveland CorporateChallenge Race on July 27, 2003,sponsored by Hermes Sports &Events.



Section 1. That pursuant to Section411.06 of the Codified Ordinances ofCleveland, Ohio 1976, this Councilconsents to and approves the holdingof the Cleveland Corporate ChallengeRace, sponsored by Hermes Sports &Events, on June 14, 2003, with theRace beginning at S. Marginal westend of Municipal Parking Lot, S. Mar-ginal to East 55th, turn around andreturn same route, provided that theapplicant sponsor shall meet all therequirements of Section 411.05 of theCodified Ordinances of Cleveland,Ohio, 1976. Streets may be closed asdetermined by the Chief of Police andsafety forces as may be necessary inorder to protect the participants inthe event. Said permit shall furtherprovide that the City of Clevelandshall be fully indemnified from anyand all liability resulting from theissuance of the same, to the extentand in form satisfactory to the Direc-tor of Law.



COUNCIL COMMITTEEMEETINGS

NO MEETINGS


1573

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

Calfee, Halter & Griswold LLP — state lobbying services — Director of Finance

(O 987-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540

Jennings Freeway — maintain, repair, and plow — State of Ohio — exchange for road salt

(O 993-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

AIDS

AIDS-related services — contracts — Public Health (O 979-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

AIDS-related services — HOPWA grant — contracts with various agencies

(O 1021-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550

Appropriations

Project Clean Program — Community Development Block Grant funds — Parks, Recreation and

Properties — implement Program (O 771-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495

Board of Control — Community Development Department

Alonzo Avenue and Oakdale Avenue (Ward 1) — various parcels — to Amistad Development

Corporation per Ord. 145-03 (BOC Res. 355-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1427

East 68th Street (Ward 7) — PPN 118-05-002/003/071 — to Michael R. Lisman per Ord. 779-03

(BOC Res. 354-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

West 41st Street (Ward 14) — PPN 007-01-039/113 — to Premier Investments, Inc.

(BOC Res. 352-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Finance Department

MITIS computer system maintenance and support — contract per Ord. 359-03 to Modis

Incorporated — Division of Taxation (BOC Res. 353-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Land Reutilization Program




(BOC Res. 354-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426


(BOC Res. 352-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Land Reutilization Program (Ward 1)





(BOC Res. 354-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426



(BOC Res. 352-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Professional Service Contracts

MITIS computer system maintenance and support — contract per Ord. 359-03 to

Modis Incorporated — Division of Taxation, Dept. of Finance

(BOC Res. 353-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Software system administration, support and training — approve subcontractor —

BOC Res. 770-02 — Division of Water, Dept. of Public Utilities (BOC Res. 348-03) . . . . . . . . . . . . . . . . . . . . . . . 1425


1574

Board of Control — Public Service Department

Air compressors, 185CFM trailer mounted — contract per Ord. 1262-02 to APO Holdings Inc.,

d.b.a., Air Power of Ohio Co. (BOC Res. 351-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Public Utilities Department


BOC Res. 770-02 — Division of Water (BOC Res. 348-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425

Water mains (East), repair of — contract per Ord. 1956-01 to Utilicon Corporation —

Division of Water (BOC Res. 349-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425

Water mains (West), repair of — contract per Ord. 1956-01 to Terrace Construction

Company, Inc. — Division of Water (BOC Res. 350-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Requirement Contracts

Air compressors, 185CFM trailer mounted — contract per Ord. 1262-02 to APO

Holdings Inc., d.b.a., Air Power of Ohio Co. — Dept. of Public Service

(BOC Res. 351-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Water mains (East), repair of — contract per Ord. 1956-01 to Utilicon Corporation —

Division of Water, Dept. of Public Utilities (BOC Res. 349-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425


Company, Inc. — Division of Water, Dept. of Public Utilities

(BOC Res. 350-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Taxation Division

MITIS computer system maintenance and support — contract per Ord. 359-03 to Modis

Incorporated — Dept. of Finance (BOC Res. 353-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Control — Water Division


BOC Res. 770-02 — Dept. of Public Utilities (BOC Res. 348-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425

Water mains (East), repair of — contract per Ord. 1956-01 to Utilicon Corporation — Dept.

of Public Utilities (BOC Res. 349-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1425


Company, Inc. — Dept. of Public Utilities (BOC Res. 350-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1426

Board of Zoning Appeals — Report

Audubon Boulevard, 3136, (Ward 4) — Dorothy Solomon, owner — appeal granted and adopted

on 6/16/03 (Cal. 03-124) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Cedar Avenue, 9404, (Ward 7) — Cleveland Clinic Foundation, owners, c/o Rolland Newman —

appeal withdrawn on 6/16/03 (Cal. 03-95) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Detroit Avenue, 2814, (Ward 13) — Bounce Properties LLC, owner c/o Julie Trott, agent —

motion for reconsideration granted on 6/16/03 (Cal. 03-57) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

East 105th Street, 1395, (Ward 9) — Doyle Britton, owner — appeal heard on 6/16/03

(Cal. 03-143) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

East 105th Street, 2173, (Ward 6) — Cleveland Clinic Foundation, owners, c/o Rolland

Newman — appeal withdrawn on 6/16/03 (Cal. 03-97) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

East 87th Street, 3020, (Ward 4) — Clark H. Parker, owner — appeal heard on 6/16/03

(Cal. 03-140) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445

East 93rd Street, 1900, (Ward 7) — Cleveland Clinic Foundation, owners, c/o Rolland

Newman — appeal postponed to 7/7/03 on 6/16/03 (Cal. 03-94) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446





Fulton Road, 2906, (Ward 14) — Luis Burgos, owner dba Caribe Bake Shop — appeal heard on

6/16/03 (Cal. 03-108) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445

Linwood Avenue, 5702, (Lot A), (Ward 7) — Rysar Properties, owner, c/o Tim Goldstein -

appeal granted and adopted on 6/16/03 (Cal. 03-145) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Lorain Avenue, 4142-46, (Ward 14) — Harry Pallas, owner — appeal granted and adopted on

6/16/03 (Cal. 03-125) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Miles Avenue, 9333, (Ward 2) — Allen Chapel Missionary Baptist Church, owner, c/o Lucille

Allen — appeal granted and adopted on 6/16/03 (Cal. 03-123) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Silsby Road, 3873, (Ward 21) — David Telbar, owner — appeal heard on 6/16/03

(Cal. 03-138) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445


1575

Way Avenue, 9410, (Ward 2) — Londell Edwards, owner — appeal heard on 6/16/03

(Cal. 03-137) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445

West 130th Street, 4611, (Ward 20) — United Petroleum Marketing LLC, owner — appeal heard

on 6/16/03 (Cal. 03-142) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445

West 148th Street, 4564, (Ward 20) — Tammy Tiedemann, owner — appeal postponed to 7/7/03

on 6/16/03 (Cal. 03-139) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

West 5th Street, 2164, (Ward 13) — Sutton Builders, owners c/o Keith Sutton, agent —

appeal granted and adopted on 6/16/03 (Cal. 03-113) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Board of Zoning Appeals — Schedule

Carnegie Avenue, 3866, (Ward 5) — James and Charles Comella, owners, and James Jackson,

tenant — appeal to be heard on 6/30/03 (Cal. 03-152) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445

West 5th Street, 2150, (Ward 13) — Sutton Builders, owner c/o Keith Sutton, agent —

appeal to be heard on 6/30/03 (Cal. 03-149) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1445

West 7th Street, 2087, (Ward 13) — Sutton Builders, owner c/o Keith Sutton, agent —


West 7th Street, 2093, (Ward 13) — Sutton Builders, owners c/o Keith Sutton, agent —


Bonds

Bonds — amend Sects. 181.32 and 185.14 (O 793-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1501

Bonds — amend Sects. 181.33, 185.15, 185.39, and 185.41 (O 794-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503

Core City Program — revenue bonds — $27,400,000 — economic and community development

(O 1982-02). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451

Economic Development Revenue Bonds — Series 2003B (Lower Euclid Avenue Project) —

$7,200,000 — home owners financial assistance (O 983-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1534

Building and Housing Department

Penalties for violations of the Zoning Housing and Building Codes — amend Sects. 327.99,

367.99 and 3103.99 (O 1006-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544

Building Code


367.99 and 3103.99 (O 1006-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544

Burials

Burials for indigent dead — Division of Health — amend Ord. No. 680-02

(O 1020-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550

Cemeteries

Cemetery rates — amend Sec. 133.30 (O 1018-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1548

City of Cleveland Bids

Cab / chassis with cargo A, B, C — Department of Public Service — Division of Motor

Vehicle Maintenance — per Ord. 1262-02 — bid due July 2, 2003

(advertised 6/18/2003 and 6/25/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Computer, mobile data — Department of Public Safety — Division of Police — per Ord.

2167-01 — bid due July 10, 2003 (advertised 6/18/2003 and 6/25/2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Insurance, Blanket employee dishonesty coverage — Department of Finance — per C.O. Sec.

171.13 — bid due July 9, 2003 (advertised 6/18/2003 and 6/25/2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Larchwood Avenue sewer relining and repalcement — Department of Public Utilities —

Division of Water Pollution Control — per Ord. 1086-02 — bid due July 3, 2003

(advertised 6/18/2003 and 6/25/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

LED traffic and pedestrian signal equipment — Department of Public Service — Division of

Traffic Engineering — per Ord. 2207-2000, 1109-02, 1110-02, 371-03 — bid due July 9, 2003

(advertised 6/18/2003 and 6/25/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Life Safety System Maintenance — Department of Parks, Recreation and Properties —

Division of Convention Center and Stadium — per Ord. 237-03, 604-03 — bid due July 3, 2003

(advertised 6/18/2003 and 6/25/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Pavement grinding — Department of Public Service — Division of Streets — per Ord. 366-03 —

bid due July 2, 2003 (advertised 6/11/2003 and 6/18/2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446


1576

PVC conduit, fittings & accessories — Department of Public Utilities — Division of

Cleveland Public Power — per C.O. Sec. 129.26 — bid due July 9, 2003

(advertised 6/11/2003 and 6/18/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Software, deployment — Department of Public Safety — Division of Police — per Ord.

2167-01 — bid due July 10, 2003 (advertised 6/18/2003 and 6/25/2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Trucks, large capacity, rental of — Department of Public Service — Division of Streets —

per Ord. 367-03 — bid due July 2, 2003 (advertised 6/11/2003 and 6/18/2003) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

Uniform clothing (Bailiff Department) — Department of Finance — behalf of Cleveland

Municipal Court — per Ord. 2143-01, 2309-02 — bid due July 2, 2003

(advertised 6/18/2003 and 6/25/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

West 111th Street / West 114th Street 8' water main repair — Department of Public

Utilities — Division of Water — per Ord. 1155-01 — bid due July 9, 2003

(advertised 6/11/2003 and 6/18/2003). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1446

City Council

EnviroCom Construction, Inc. — Contract No. 60510 — alterations and modifications —

City Council offices (O 1104-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1556

City Planning Commission

Broadway Miles Area — transportation and design studies (O 907-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

Cleveland Lakefront Park Improvements Project — grant — Ohio Department of Natural

Resources (O 1109-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562

Cleveland Fire Fighter’s Memorial

Cleveland Fire Fighters” Memorial Relocation/Enhancement Project — amend Ord. 1034-03

— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21

Neighborhood Equity Funds (O 1114-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563

Cleveland Foundation

Cleveland Contractor Assistance Program — grants — Gund Foundation

& Cleveland Foundation — Office of Equal Opportunity (O 790-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Cleveland Housing Network

Low income housing units — rehabilitation or construction (O 903-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Rental housing — construction — Community Development Block Grant float loan

(O 904-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

W. 50th St., 1833 — Land Reutilization Program (O 695-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1493

Cleveland Public Power

Decorative and special lighting — install and maintain (O 998-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Cleveland State University

Market data services — contracts — housing, urban land-use, property parcel,

vacant lot, and residential real estate — neighborhood planning and

programming efforts (O 978-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Codified Ordinances

Agreements with employees to secure information technology training — new Section

171.372 (O 797-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1504


Bonds — amend Sects. 181.33, 185.15, 185.39, and 185.41 (O 794-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503

Cemetery rates — amend Sec. 133.30 (O 1018-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1548

Check in/check out — establishment of zones for valet parking, limousine, day care and

passenger drop off/pick up and hotel check in/check out; violations and fees

— amend Sec. 451.33 (O 833-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1507

City’s Offenses and Business Activities Code — amend Sects. 603.10, 605.05, 607.01,

607.02, 607.03, 607.07, 607.10, 607.12, 609.05, 609.08, 617.021,617.03,

621.071, 621.072, 623.07, 625.04, 625.05, 625.11, 625.12, and 625.17 — repeal

Sects. 605.031, 607.06, 609.06 (O 834-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1507

Fannie M. Lewis Cleveland Resident Employment Law — new Chapter 188

(O.2031-A-02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1456


1577

Front organizations — amend Sects. 187.01 and 187.09 (O 1029-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1551

Hearing procedure — amend Sec. 187.08 — subpoena power — new Sec. 187.081

(O 791-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Information Systems Services Division & duties of Commissioner — amend Sections 127.44

& 127.45 (O 148-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1470


367.99 and 3103.99 (O 1006-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544

Rental fees for recreation center use — amend Sec. 133.321 (O 1106-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562

Rental of Halloran Skating Rink — amend Sec. 133.32 (O 1142-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572

Reports on the use of bid discounts and evaluation credits — new Sec. 187.132

(O 795-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503

Small contract rotation program — new Section 187.032 (O 796-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503

Subcontractors, bids, suppliers, and payments — amend Sects. 181.22, 185.03, 185.36, and

187.03 — new Sects. 181.37 and 185.341 (O 792-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Vehicles regulation — amend Traffic Code, Part IV — new Sects. 403.99, 433.01 and

433.011 (O 835-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1512

Collective Bargaining Agreements

Cleveland Building and Construction Trades Council — amend Sec. 43 of Ord. No. 384-03

(O 1099-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1553

Community Development

African American Music Association, Inc. — You Won’t Foul Out with an Education program

— Wards 9, 17 and 20 Neighborhood Equity Funds (O 1121-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

Alex Community Development Corporation — agreement — Women’s Business Center — Ward

6 Neighborhood Equity Funds (O 1111-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563

Brackland Ave. — Land Reutilization Program — Eastside Neighborhood

Homes L.P. (O 1137-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1569

Burten, Bell, Carr Development Inc. — Community Awareness and Safety Program — Ward 5


Center for Self Improvement Enrichment Center — Project Launch — Ward 7 Neighborhood

Equity Funds (O 1119-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

Center for Self Improvement Enrichment Center — Women of Excellence Program — Ward 7


Cityworks Program — CDBG-eligible agencies — contracts (O 977-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Cleveland State University — contracts — market data services — — housing, urban

land-use, property parcel, vacant lot, and residential real estate — neighborhood

planning and programming efforts (O 978-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533


(O 1982-02). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451

E. 39th St. — Land Reutilization Program — Burten, Bell, Carr Development, Inc.

(O 1138-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570

E. 43rd St., 2239 — Land Reutilization Program — Burten, Bell, Carr Development, Inc.

(O 1026-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1551

E. 65th St. — Land Reutilization Program — Lucius Williams and Annette Williams

(O 935-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1532

E. 68th St. — Land Reutilization Program — Michael B. Lisman (O 779-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495

E. 87th St. — Land Reutilization Program — Columbus Davis, Jr. and Theresa

D. Bell-Davis (O 932-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

E. 87th St. — Land Reutilization Program — Emmett Bismarck Sounders III

(O 1139-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570

East 88th, 91st and 92nd Streets — Land Reutilization Program — Cuyahoga Metropolitan

Housing Authority (O 81-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1459

Forestdale Ave., 2203 — Land Reutilization Program — Bartizan Construction, Ltd.

(O 1025-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550

Garrett Square Development Corp. — Garrett Square Youth Economic Development Program —

Ward 9 Neighborhood Equity Funds (O 1115-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563

Housing, commercial, industrial and real estate development activities. — contracts —

various agencies — Community Development (O 976-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Kinsman Rd., 11720-22 — Land Reutilization Program — Willie R. Jones and Mary T. Jones,

Trs. (O 788-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1498

Lakeside Ave., between W. 6th & W. 9th Sts. — lease properties — County of Cuyahoga —

parking for Warehouse District (O 780-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1496

Lincoln Ave. — Land Reutilization Program — Terrance Freeman (O 784-03). . . . . . . . . . . . . . . . . . . . . . . . . . 1498

Linwood Ave. — Land Reutilization Program — Antonio Lyndell Mitchell and Stephanie

Gilbert McDonald (O 1140-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1571


1578

Linwood Ave., 6907 — Land Reutilization Program — Essie Grishom

(O 248-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1470

Low income housing units — rehabilitation or construction — Cleveland Housing Network

(O 903-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Luther Ave., 5125 — Land Reutilization Program — Philana Carroll (O 435-03) . . . . . . . . . . . . . . . . . . . . . . . . 1471

Maple Ave., 12409 — Land Reutilization Program — Northeastern Neighborhood Development

Corp. (O 782-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497

Miles Ave., 9323 & 9325 — Land Reutilization Program — Allen Chapel Missionary Baptist

Church (O 507-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472

Northeastern Neighborhood Development Corp. — Land Reutilization Program — scattered

sites (Ward 9) (O 1136-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1568


sites (Ward 9) (O 1135-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1566

Ostend Ave., 10413 — Land Reutilization Program — Maher J. Ali (O 1141-03). . . . . . . . . . . . . . . . . . . . . . . . . 1571

Project Clean Program — appropriation — Community Development Block Grant funds

— Parks, Recreation and Properties — implement Program (O 771-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495

Rental housing — construction — Cleveland Housing Network — Community Development

Block Grant float loan (O 904-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Senior Citizens Resources, Inc — Holiday Meals Program — amend Ord. 2191-02 — Ward 15


Social service programs — Memoranda of Understanding — facilities for recreation

activities — Community Development — City Departments (O 975-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Sowinski and Kosciusko Aves. — Land Reutilization Program — New Jerusalem Missionary

Baptist Church (O 934-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1528

Storefront Renovation Program applicants, — agreements — Community Development —

reimburse (O 905-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Substance of Life Enterprises Inc. — Substance of Life, Enterprises Program — Ward 10


Tillman Ave. — Land Reutilization Program — Jack Meyers-Kiousis and Alanna

Meyers-Kiousis (O 1124-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

Treadway Ave. — Land Reutilization Program — Jamie Marquardt and Deborah A. Marquardt

(O 930-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

Union Ave., 11720 — Land Reutilization Program — Juanito Marshall

(O 693-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1493

W. 50th St., 1833 — Land Reutilization Program — Cleveland Housing Network, Inc.

(O 695-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1493

West Lakeside Ave. — between W. 6th & W. 9th Sts. — lease property — County of

Cuyahoga — Marshall Parking LLC — long-term parking — Marshall Place

(O 781-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497

Whittier Ave. — Land Reutilization Program — James E. Sears (O 933-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . 1527

Woodland Ave. — Land Reutilization Program — Cuyahoga Metropolitan Housing Authority

(O 846-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520

Year 29 Community Development Grant — public improvements — Community Development,

Public Service, Parks, Recreation and Properties, and Public Utilities (O 685-03) . . . . . . . . . . . . . . . . . . 1487

Community Development Block Grant Program


— Parks, Recreation and Properties — implement Program (O 771-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495

Rental housing — construction — Cleveland Housing Network — Community Development

Block Grant float loan (O 904-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Concession Agreements

Pay telephone service — various City facilities (O 984-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1538

Contracts

AIDS-related services — Public Health (O 979-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Cityworks Program — CDBG-eligible agencies (O 977-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Cleveland State University — market data services — — housing, urban land-use,

property parcel, vacant lot, and residential real estate — neighborhood planning

and programming efforts (O 978-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533



Housing, commercial, industrial and real estate development activities. — various

agencies — Community Development (O 976-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533


1579

Juvenile Accountability Incentive Block Grant Program — amendments — Contract Nos.

60242, 60316, and 60319 — Public Safety (O 702-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494

Kenneth L. Johnson Aquatic Playground — renovations and site improvements — Nerone &

Sons — Contract No. 60652 — modifications (O 1105-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1561

Kinsman Road watermain — Contract No. 60176 with DLZ Ohio, Inc. — amendment

(O 428-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471

Superior Ave. — streetscape improvements — Greater Cleveland Partnership

(O 651-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487

Team Approach to Violence Against Women Program — Law Enforcement, 2003 — grant —

County of Cuyahoga and L.J.D. & Associates — implement program (O 1007-03) . . . . . . . . . . . . . . . . . . . 1545

TSI — contracts — provide strategic planning — Public Health (O 1019-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550

Violence Against Women Program — Prosecution, 2003 — grant — Criminal Justice Services

Agency — County of Cuyahoga and L.J.D. & Associates — implement the program

(O 982-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1534

Convention Center

Elevators and escalators — service and maintain (O 1016-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

Criminal Justice Services



Cuyahoga County

Lakeside Ave., between W. 6th & W. 9th Sts. — lease properties — parking for Warehouse

District (O 780-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1496



West Lakeside Ave. — between W. 6th & W. 9th Sts. — lease property — Marshall Parking

LLC — long-term parking — Marshall Place (O 781-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497

Cuyahoga Metropolitan Housing Authority

East 88th, 91st and 92nd Streets — Land Reutilization Program (O 81-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1459

Woodland Ave. — Land Reutilization Program (O 846-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520

Economic Development Department

Central Ave., 7210 — UDAG grant agreement contract — Famicos Foundation

(O 1107-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562


(O 1982-02). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451

E. 9th St. & Euclid Ave. buildings — remediation of environmental contamination — grant

— The Richard Jacobs Group, Inc. — implement project (O 914-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526



Empowerment Zone Labor Force Development Program — establish individual training

accounts (O 816-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506

Oatey Warehouse, LLC — Enterprise Zone Agreement — amend Ord. 1136-02

(O 1013-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

Workforce Investment Act grant, 2004 — grant — State of Ohio Bureau of Employment

Services (O 906-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1524

Emergency Medical Service Division

Bio-Chemical First Responder Personal Protective Apparel Program — grant (O 704-03). . . . . . . . . . . . . . . . 1494

Lifepak 12 defibrillators — purchase — Medtronic Physio-Control (O 814-03). . . . . . . . . . . . . . . . . . . . . . . . . . . 1506

Enterprise Zone Agreement

Oatey Warehouse, LLC — amend Ord. 1136-02 (O 1013-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

Famicos Foundation

Central Ave., 7210 — UDAG grant agreement contract (O 1107-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562


1580

Fees


Finance Department

Calfee, Halter & Griswold LLP — agreement — state lobbying services (O 987-03) . . . . . . . . . . . . . . . . . . . . 1540

Catalpa Rd. & Cleveland Rd. — sidewalks, driveway aprons and curbs — grading, seeding

or re-seeding tree lawns — amend Ord. 545-02 (O 1102-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1554


(O 1982-02). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451



Moral Claims — pay (O 986-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1539

Ninth Street Plaza Building — Lease Agreement No. 43521 — amendment — Div.

of Information System Services (O 989-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540

Paper and envelopes — Division of Printing and Reproduction (O 988-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540

Pay telephone — placement — right-of-way — amend Ord. 1989-01 (O 985-03) . . . . . . . . . . . . . . . . . . . . . . . . . . 1538

Pay telephone service — various City facilities — concession agreements (O 984-03) . . . . . . . . . . . . . . . . . . . 1538

Speed enforcement mobile detector unit (1) — Ward 18 — exchange NEF funds for

Restricted Income Tax funds (O 1123-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

Unarmed, uniformed security guard services — purchase — various divisions (O 888-03) . . . . . . . . . . . . . . . 1520

West Shoreway — resurface — Ohio Department of Transportation (O 898-03) . . . . . . . . . . . . . . . . . . . . . . . . . 1522

Woodhaven Ave. — W. 98th St. — W. 100th St. — sidewalks, aprons, driveway and curbs

— relay & repair — amend Res. 656-03 (O 1098-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1553

Fire Division

Bio-Chemical First Responder Personal Protective Apparel Program — grant (O 703-03). . . . . . . . . . . . . . . . 1494

Explorers Program — urging the Division of Fire to establish (R 1129-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

Funds



Gifts

Self-contained breathing apparatus (6) — Northeast Ohio Regional Sewer

District (O 813-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506

Grants

Bio-Chemical First Responder Personal Protective Apparel Program — Division of Fire

(O 703-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494

Bio-Chemical First Responder Personal Protective Apparel Program — Division of Emergency

Medical Service (O 704-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494

Bisbee Playground — rehabilitation — 2001 Urban Parks and Recreation Recovery Program

— amend Ord. 1079-01 (O 500-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472

Bulletproof Vest Partnership Grant, 2003 — Federal Bureau of Justice Assistance (O 1010-03) . . . . . . . . . . 1546

Cleveland Contractor Assistance Program — Gund Foundation & Cleveland Foundation

— Office of Equal Opportunity (O 790-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Cleveland Lakefront Park Improvements Project — Ohio Department of Natural Resources —

City Planning Commission (O 1109-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562

Division of Police Mobile Data Computers Program — Ohio Office of Criminal Justice

Services (O 1030-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1552

E. 9th St. & Euclid Ave. buildings — remediation of environmental contamination — The

Richard Jacobs Group, Inc. — implement project (O 914-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

EMS/Fire Training Grant, 2003 — Ohio Department of Public Safety (O 1011-03) . . . . . . . . . . . . . . . . . . . . . . 1546

Federal Highway Administration — public infrastructure improvements — amend Ord.

1530-02 (O 990-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540

Recycle, Ohio! Program, 2004 — Ohio Department of Natural Resources — Public Service

(O 994-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Team Approach to Violence Against Women Program — Law Enforcement, 2003 — County

of Cuyahoga and L.J.D. & Associates — implement program (O 1007-03) . . . . . . . . . . . . . . . . . . . . . . . . . . 1545

Violence Against Women Program — Prosecution, 2003 — Criminal Justice Services Agency

— County of Cuyahoga and L.J.D. & Associates — implement the program (O 982-03) . . . . . . . . . . . . . 1534

Workforce Investment Act grant, 2004 — State of Ohio Bureau of Employment Services

(O 906-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1524


1581

Gund Foundation


& Cleveland Foundation — Office of Equal Opportunity (O 790-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Halloran Skating Rink

Rental of Halloran Skating Rink — amend Sec. 133.32 (O 1142-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572

Health Department

AIDS-related services — contracts (O 979-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

AIDS-related services — HOPWA grant — contracts with various agencies (O 1021-03). . . . . . . . . . . . . . . . . 1550

Burials for indigent dead — Division of Health — amend Ord. No. 680-02 (O 1020-03) . . . . . . . . . . . . . . . . . . 1550

TSI — contracts — provide strategic planning (O 1019-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550

Hotels

Check in/check out — establishment of zones for valet parking, limousine, day care and

passenger drop off/pick up and hotel check in/check out; violations and fees

— amend Sec. 451.33 (O 833-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1507

Information System Services Division


& 127.45 (O 148-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1470

Ninth Street Plaza Building — Lease Agreement No. 43521 — amendment (O 989-03) . . . . . . . . . . . . . . . . . . . 1540

Land Reutilization Program

Brackland Ave. — Eastside Neighborhood Homes L.P. (O 1137-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1569

Colfax and Minnie Aves. — Cleveland Housing Network, Inc. (O 691-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1489

E. 39th St. — Burten, Bell, Carr Development, Inc. (O 1138-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570

E. 43rd St., 2239 — Burten, Bell, Carr Development, Inc. (O 1026-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1551

E. 65th St. — Lucius Williams and Annette Williams (O 935-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1532

E. 68th St. — Michael B. Lisman (O 779-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495

E. 87th St. — Columbus Davis, Jr. and Theresa D. Bell-Davis (O 932-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

E. 87th St. — Emmett Bismarck Sounders III (O 1139-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570

East 88th, 91st and 92nd Streets — Cuyahoga Metropolitan Housing Authority

(O 81-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1459

Forestdale Ave., 2203 — Bartizan Construction, Ltd. (O 1025-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1550

Kinsman Rd., 11720-22 — Willie R. Jones and Mary T. Jones, Trs. (O 788-03). . . . . . . . . . . . . . . . . . . . . . . . . . 1498

Lincoln Ave. — Terrance Freeman (O 784-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1498

Linwood Ave. — Antonio Lyndell Mitchell and Stephanie Gilbert McDonald

(O 1140-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1571

Linwood Ave., 6907 — Essie Grishom (O 248-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1470

Luther Ave., 5125 — Philana Carroll (O 435-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471

Maple Ave., 12409 — Northeastern Neighborhood Development Corp. (O 782-03) . . . . . . . . . . . . . . . . . . . . . . . . . 1497

Miles Ave., 9323 & 9325 — Allen Chapel Missionary Baptist Church (O 507-03) . . . . . . . . . . . . . . . . . . . . . . . . . 1472

Northeastern Neighborhood Development Corp. — scattered sites (Ward 9) \

(O 1136-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1568

Northeastern Neighborhood Development Corp. — scattered sites (Ward 9)

(O 1135-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1566

Sowinski and Kosciusko Aves. — New Jerusalem Missionary Baptist Church

(O 934-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1528

St. Clair Ave., 10727 & 10803 — Farreed Jabr aka Fred Jabr. (O 1545-02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451

Tillman Ave. — Jack Meyers-Kiousis and Alanna Meyers-Kiousis (O 1124-03) . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

Treadway Ave. — Jamie Marquardt and Deborah A. Marquardt (O 930-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

Union Ave., 11720 — Juanito Marshall (O 693-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1493

W. 50th St., 1833 — Cleveland Housing Network, Inc. (O 695-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1493

Whittier Ave. — James E. Sears (O 933-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1527

Woodland Ave. — Cuyahoga Metropolitan Housing Authority (O 846-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520

Law Department

Violence Against Women Program — Prosecution, 2003 — grant — Criminal Justice Services

Agency — County of Cuyahoga and L.J.D. & Associates — implement the program

(O 982-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1534


1582

Lease Agreement



Leases



Liquor Permits

Almira Ave., 8806 — objection (Ward 18) (R 1134-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1450

Cedar Ave., 7905 — objection (Ward 6) (R 1126-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448

Cedar Ave., 8927 — objection (Ward 6) (R 1125-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

E. 116th St., 2892 — objection (Ward 4) (R 1130-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

E. 131st St., 4209 — objection (Ward 1) (R 1131-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

Harvard Ave., 7020 — objection (Ward 12) (R 1133-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1450

Superior Ave., 8802 — objection (Ward 7) (R 1132-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1450

W. 46th St., 3271 — objection (Ward 14) (R 1127-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448

Memoranda of Understanding

Social service programs — facilities for recreation activities — Community Development

— City Departments (O 975-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Moral Claims

Moral Claims — pay (O 986-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1539

Motor Vehicle Maintenance Division (MVM)

Automobile, van and truck parts — purchase (O 806-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505

Honda and Stihl engine, mower, and cutting equipment parts — purchase (O 803-03) . . . . . . . . . . . . . . . . . . 1504

Leach packer parts — A & H Equipment Co. (O 808-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506

Meyer snow plow and spreader parts — purchase (O 802-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1504

Remanufactured automatic Allison transmissions — purchase (O 804-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505

Truck oils, lubricants, and solvents — purchase (O 805-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505

Neighborhood Equity Funds


— Wards 9, 17 and 20 (O 1121-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

Alex Community Development Corporation — agreement — Women’s Business Center — Ward

6 (O 1111-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563

Burten, Bell, Carr Development Inc. — Community Awareness and Safety Program — Ward 5

(O 1117-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

Center for Self Improvement Enrichment Center — Project Launch — Ward

7 (O 1119-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

Center for Self Improvement Enrichment Center — Women of Excellence Program — Ward 7

(O 1120-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

Cleveland Baseball Federation Program — Parks, Properties and Recreation — Ward

4 (O 1118-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21

(O 1114-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563


Ward 9 (O 1115-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563


(O 1116-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564



Substance of Life Enterprises Inc. — Substance of Life, Enterprises Program — Ward 10

(O 1113-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563

Northeast Ohio Regional Sewer District

Self-contained breathing apparatus (6) — gift (O 813-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506


1583

Northeast Shores Development Corporation

Waterloo Rd. & E. 156th St. — 21-Surveillance Signs — permit

(O 1103-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1555

Office of Equal Opportunity



& Cleveland Foundation (O 790-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Hearing procedure — amend Sec. 187.08 — subpoena power — new Sec. 187.081

(O 791-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Reports on the use of bid discounts and evaluation credits — new Sec. 187.132

(O 795-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503

Small contract rotation program — new Section 187.032 (O 796-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1503

Subcontractors, bids, suppliers, and payments — amend Sects. 181.22, 185.03, 185.36, and

187.03 — new Sects. 181.37 and 185.341 (O 792-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1499

Ohio Bureau of Employment Services

Workforce Investment Act grant, 2004 — grant (O 906-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1524

Ohio Department of Natural Resources

Cleveland Lakefront Park Improvements Project — grant —City Planning Commission

(O 1109-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562

Recycle, Ohio! Program, 2004 — grant — Public Service (O 994-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Ohio Department of Transportation (ODOT)

Jennings Freeway — maintain, repair, and plow — agreement — State of Ohio — exchange

for road salt (O 993-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

West Shoreway — resurface (O 898-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1522

Parking





(O 781-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497

Parking Facilities Division

Coast Municipal Parking Lot — install cyclone vinyl fencing (O 902-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Parks Maintenance Division

Trees — plant various locations — City-owned properties (O 1017-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1548

Parks, Recreation and Properties Department


— grant — amend Ord. 1079-01 (O 500-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472

Cleveland Baseball Federation Program — Ward 4 Neighborhood Equity Funds

(O 1118-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Coast Municipal Parking Lot — install cyclone vinyl fencing — Division of Parking

Facilities (O 902-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Elevators and escalators — service and maintain — Division of Convention Center

& Stadium (O 1016-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

Kenneth L. Johnson Aquatic Playground — renovations and site improvements — Nerone &

Sons — Contract No. 60652 — modifications (O 1105-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1561

Lincoln Park — rehabilitation — cash donation — Tremont West Development Corporation

— 2002 Urban Parks and Recreation Recovery Project (O 901-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523


— implement Program (O 771-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495


1584

Social service programs — Memoranda of Understanding — facilities for recreation

activities — Community Development — City Departments (O 975-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1533

Trees — plant various locations — City-owned properties — Division of Park Maintenance

and Properties (O 1017-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1548



Permits

Capital University — public right-of-way — 2-Directional Signs (O 991-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

Cleveland Corporate Challenge Race — Hermes Sports & Events (O 1149-03) . . . . . . . . . . . . . . . . . . . . . . . . . . 1573

Cleveland Theater District Development Corp. — right-of-way — Huron Rd. & Prospect Ave.

— The Plaza at Huron Point (O 992-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

Easter Seals Walk with Me 5k Run & Walk — Hermes Sports & Events (O 1144-03) . . . . . . . . . . . . . . . . . . 1572

Gal’Lop For Kids 5k Run — HMA Productions (O 1143-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572

Healthy Start Run — HMA Productions (O 1148-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573

Penn Court N.W. — placement of ATM — 3500 Group, Ltd. (O 1101-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1554

St. Patrick’s Pot-O-Gold Run — Hermes Sports & Events (O 1145-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572

The 4th Annual Breast Cancer Preventathon 5k Walk — 3-H Group and One to One

Fitness Center (O 1147-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573

USO Run for the Troops — Hermes Sports & Events (O 1146-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573

Personnel Department

Compensation — amend Sects. 5, 11, 27, 28, 29, 30, 31, 32, 34, 35, 40 and 46 of Ord. No.

384-03 (O 605-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1474

Fannie M. Lewis Cleveland Resident Employment Law — new Chapter 188

(O.2031-A-02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1456


& 127.45 (O 148-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1470

Playgrounds


— grant — amend Ord. 1079-01 (O 500-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472

Police Division

Division of Police Mobile Data Computers Program — grant — Ohio Office of Criminal

Justice Services (O 1030-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1552

Elevators — Police Headquarters and the 3rd District Police Station — service and

maintain (O 1008-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546

Port Control Department

Airfield, parking, and terminal lighting systems — maintain, repair, and modify —

various divisions (O 1015-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

Computerized facility management system — Simplex Grinnell — requirement contracts

(O 1014-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

Printing and Reproduction Division

Paper and envelopes (O 988-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540

Recreation Centers


Resolutions — Miscellaneous

Explorers Program — urging the Division of Fire to establish

(R 1129-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

Matricula Consular — personal identification — Mexican nationals living in Cleveland

(R 1128-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448

Red stop light safety camera system — encouraging administration to study feasibility

(R 2477-02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447


1585

Restricted Income Tax Fund



Right-of-Way

Cleveland Theater District Development Corp. — permit — Huron Rd. & Prospect Ave. —

The Plaza at Huron Point (O 992-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

Waterloo Rd. & E. 156th St. — 21-Surveillance Signs — permit — Northeast Shores

Development Corp. (O 1103-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1555

Safety Department

Bio-Chemical First Responder Personal Protective Apparel Program — grant — Division of

Fire (O 703-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494

Bio-Chemical First Responder Personal Protective Apparel Program — grant — Division of

Emergency Medical Service (O 704-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494

Bulletproof Vest Partnership Grant, 2003 — grant — Federal Bureau of Justice Assistance

(O 1010-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546

Division of Police Mobile Data Computers Program — grant — Ohio Office of Criminal

Justice Services (O 1030-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1552

Elevators — Police Headquarters and the 3rd District Police Station — service and

maintain (O 1008-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546

EMS/Fire Training Grant, 2003 — grant — Ohio Department of Public Safety

(O 1011-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1546

Explorers Program — urging the Division of Fire to establish (R 1129-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

Juvenile Accountability Incentive Block Grant Program — amendments — Contract Nos.

60242, 60316, and 60319 (O 702-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1494

Lifepak 12 defibrillators — purchase — Medtronic Physio-Control — Division

of Emergency Medical Service (O 814-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506

Self-contained breathing apparatus (6) — gift — Northeast Ohio Regional Sewer District

(O 813-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506



Salaries

Cleveland Building and Construction Trades Council — collective bargaining agreement —

amend Sec. 43 of Ord. No. 384-03 (O 1099-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1553

Compensation — amend Sects. 5, 11, 27, 28, 29, 30, 31, 32, 34, 35, 40 and 46 of Ord. No.

384-03 (O 605-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1474

Senior Citizen Resources

Holiday Meals Program — amend Ord. 2191-02 — Ward 15 Neighborhood Equity

Funds (O 1116-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

Service Department

Automobile, van and truck parts — purchase — Division of Motor Vehicle Maintenance

(O 806-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505



Dillewood Rd — Nottingham Rd — Creekview Dr — E. 176th St. — E. 177th St.

— sidewalks, aprons, driveway and curbs — special assessments

(O 895-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521



Federal Highway Administration — grants — public infrastructure improvements — amend

Ord. 1530-02 (O 990-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1540

Geotechnical testing and consulting services — professional consultants

(O 807-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505

Honda and Stihl engine, mower, and cutting equipment parts — purchase — Division

of Motor Vehicle Maintenance (O 803-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1504

Jennings Freeway — maintain, repair, and plow — agreement — State of Ohio — exchange

for road salt (O 993-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541


(O 428-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471


1586

Leach packer parts — A & H Equipment Co. — Division of Motor Vehicle Maintenance

(O 808-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1506

Memphis Ave — from Ridge Rd to Pearl Rd — rehabilitation — amend Ord.

2368-92 (O 894-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521

Meyer snow plow and spreader parts — purchase — Division of Motor Vehicle Maintenance

(O 802-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1504

Penn Court N.W. — placement of ATM — 3500 Group, Ltd. — permit (O 1101-03) . . . . . . . . . . . . . . . . . . . . . . 1554

Recycle, Ohio! Program, 2004 — grant — Ohio Department of Natural Resources — Public

Service (O 994-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Remanufactured automatic Allison transmissions — purchase — Division of Motor Vehicle

Maintenance (O 804-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505

Rock salt and deicer — purchase — Division of Streets (O 896-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521

Superior Ave. — streetscape improvements — Greater Cleveland Partnership — contracts

(O 651-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487

Truck oils, lubricants, and solvents — purchase — Division of Motor Vehicle maintenance

(O 805-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1505

W. 93rd St. — special assessments — sidewalks, driveway aprons and curbs — grading,

seeding or re-seeding tree lawns (O 897-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1522






Sewers

Broadview Road area sewer system — manholes and catch basins — public improvement

(O 598-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473

Sidewalks




— sidewalks, aprons, driveway and curbs — special assessments (O 895-03). . . . . . . . . . . . . . . . . . . . . . . 1521





Signs



Stadium

Elevators and escalators — service and maintain — Division of Convention Center

& Stadium (O 1016-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1547

State of Ohio

E. 9th St. & Euclid Ave. buildings — remediation of environmental contamination — grant

— The Richard Jacobs Group, Inc. — implement project (O 914-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

Jennings Freeway — maintain, repair, and plow — agreement — exchange

for road salt (O 993-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

Street Vacation

Crossing Court S.E. (portion) — intention to vacate (R 607-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Gates Ave. — vacate (O 600-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473

Streets — Name

Bob Hope Memory Lane — designate — E. 14th St. (O 514-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472


1587

Streets — Dedication


Streets Division

Rock salt and deicer — purchase — Division of Streets (O 896-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521

Traffic Code


433.011 (O 835-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1512

Trees

Plant at various locations — City-owned properties — Division of Park Maintenance and

Properties (O 1017-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1548

Tremont West Development Corporation

Lincoln Park — rehabilitation — cash donation — 2002 Urban Parks and Recreation

Recovery Project (O 901-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1523

Utilities Department

Broadview Road area sewer system — manholes and catch basins — public improvement

(O 598-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473

Catch basins and manholes — public improvement (O.1004-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543 1556

Datamatic meter reading, collections, investigations and meters maintenance system —

Division of Water (O 1000-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Decorative and special lighting — install and maintain (O 998-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Fire hydrants — repair or replace — Division of Water (O 1002-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543

Natural gas aggregation program — approving the Plan of Operation and Governance

— repeal Ord. No. 798-03 (O 1100-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1554

Ring and pinion gears — fabricate — Division of Water (O 1001-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543

Solar power system — public improvement — water treatment plant (O 1003-03). . . . . . . . . . . . . . . . . . . . . . . 1543

Water main — SYSCO property — public improvement (O 1005-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544


Public Service, Parks, Recreation and Properties, and Public Utilities

(O 685-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487

Vehicles


433.011 (O 835-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1512

Ward 01


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


E. 131st St., 4209 — objection — liquor permit (R 1131-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

Lincoln Ave. — Land Reutilization Program — Terrance Freeman

(O 784-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1498

Ward 02

Broadway Miles Area — transportation and design studies — City Planning

(O 907-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Crossing Court S.E. (portion) — intention to vacate (R 607-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447

Gates Ave. — vacate (O 600-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1473

Miles Ave., 9323 & 9325 — Land Reutilization Program — Allen Chapel Missionary Baptist

Church (O 507-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1472


1588

Ward 03

Kinsman Rd., 11720-22 — Land Reutilization Program — Willie R. Jones and Mary T. Jones,

Trs. (O 788-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1498

Union Ave., 11720 — Land Reutilization Program — Juanito Marshall (O 693-03) . . . . . . . . . . . . . . . . . . . . . . 1493

Ward 04

Cleveland Baseball Federation Program — Parks, Properties and Recreation — Neighborhood

Equity Funds (O 1118-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

E. 116th St., 2892 — objection — liquor permit (R 1130-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1449

Ward 05

Burten, Bell, Carr Development Inc. — Community Awareness and Safety Program

— Neighborhood Equity Funds (O 1117-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

Central Ave., 7210 — UDAG grant agreement contract — Famicos Foundation

(O 1107-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1562

E. 39th St. — Land Reutilization Program — Burten, Bell, Carr Development, Inc.

(O 1138-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1570

E. 43rd St., 2239 — Land Reutilization Program — Burten, Bell, Carr Development, Inc.

(O 1026-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1551


(O 428-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1471

Woodland Ave. — Land Reutilization Program — Cuyahoga Metropolitan Housing Authority

(O 846-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1520

Ward 06

Alex Community Development Corporation — agreement — Women’s Business Center —


Cedar Ave., 7905 — objection — liquor permit (R 1126-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448

Cedar Ave., 8927 — objection — liquor permit (R 1125-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1447


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


The 4th Annual Breast Cancer Preventathon 5k Walk — permit — 3-H Group and One to One

Fitness Center (O 1147-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573

Ward 07

Center for Self Improvement Enrichment Center — Project Launch — Neighborhood Equity

Funds (O 1119-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1564

Center for Self Improvement Enrichment Center — Women of Excellence Program


E. 65th St. — Land Reutilization Program — Lucius Williams and Annette Williams (O 935-03) . . . . . . . . 1532

E. 68th St. — Land Reutilization Program — Michael B. Lisman (O 779-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1495

E. 87th St. — Land Reutilization Program — Columbus Davis, Jr. and Theresa

D. Bell-Davis (O 932-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

E. 87th St. — Land Reutilization Program — Emmett Bismarck Sounders III (O 1139-03) . . . . . . . . . . . . . . 1570

East 88th, 91st and 92nd Streets — Land Reutilization Program — Cuyahoga Metropolitan

Housing Authority (O 81-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1459

Linwood Ave. — Land Reutilization Program — Antonio Lyndell Mitchell and Stephanie

Gilbert McDonald (O 1140-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1571

Linwood Ave., 6907 — Land Reutilization Program — Essie Grishom (O 248-03) . . . . . . . . . . . . . . . . . . . . . . . 1470

Luther Ave., 5125 — Land Reutilization Program — Philana Carroll (O 435-03) . . . . . . . . . . . . . . . . . . . . . . . . 1471

Sowinski and Kosciusko Aves. — Land Reutilization Program — New Jerusalem Missionary

Baptist Church (O 934-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1528

Superior Ave., 8802 — objection — liquor permit (R 1132-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1450

Whittier Ave. — Land Reutilization Program — James E. Sears (O 933-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . 1527

Ward 08


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Ostend Ave., 10413 — Land Reutilization Program — Maher J. Ali (O 1141-03). . . . . . . . . . . . . . . . . . . . . . . . . 1571

St. Clair Ave., 10727 & 10803 — Land Reutilization Program — Farreed Jabr aka Fred

Jabr. (O 1545-02) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1451


1589

Ward 09




Homes L.P. (O 1137-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1569


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21





sites (O 1136-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1568


sites (O 1135-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1566

The 4th Annual Breast Cancer Preventathon 5k Walk — permit — 3-H Group and One to One

Fitness Center (O 1147-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573

Ward 10


Homes L.P. (O 1137-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1569




— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Maple Ave., 12409 — Land Reutilization Program — Northeastern Neighborhood Development

Corp. (O 782-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497

Substance of Life Enterprises Inc. — Substance of Life, Enterprises Program


Ward 11


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21



— sidewalks, aprons, driveway and curbs — special assessments (O 895-03). . . . . . . . . . . . . . . . . . . . . . . 1521



Ward 12

Broadway Miles Area — transportation and design studies — City Planning

(O 907-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Harvard Ave., 7020 — objection — liquor permit (R 1133-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1450

Ward 13


Capital University — permit — public right-of-way — 2-Directional Signs

(O 991-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

Cleveland Corporate Challenge Race — permit — Hermes Sports & Events

(O 1149-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Cleveland Theater District Development Corp. — permit — right-of-way — Huron Rd.

& Prospect Ave. — The Plaza at Huron Point (O 992-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1541

Easter Seals Walk with Me 5k Run & Walk — permit — Hermes Sports

& Events (O 1144-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572

Gal’Lop For Kids 5k Run — permit — HMA Productions (O 1143-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1572

Healthy Start Run — permit — HMA Productions (O 1148-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573


parking for Warehouse District (O 780-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1496


1590



Penn Court N.W. — placement of ATM — 3500 Group, Ltd. — permit (O 1101-03) . . . . . . . . . . . . . . . . . . . . . . 1554

St. Patrick’s Pot-O-Gold Run — permit — Hermes Sports & Events (O 1145-03) . . . . . . . . . . . . . . . . . . . . . . . . 1572

Superior Ave. — streetscape improvements — Greater Cleveland Partnership — contracts

(O 651-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487

USO Run for the Troops — permit — Hermes Sports & Events (O 1146-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1573



(O 781-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1497


Ward 14

Boda, Cory — peddler (O 1110-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1563


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


W. 46th St., 3271 — objection — liquor permit (R 1127-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1448

Ward 15


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Forestdale Ave., 2203 — Land Reutilization Program — Bartizan Construction, Ltd. (O 1025-03) . . . . . . . . 1550

Memphis Ave — from Ridge Rd to Pearl Rd — rehabilitation — amend Ord. 2368-92 (O 894-03) . . . . . . . . 1521



Treadway Ave. — Land Reutilization Program — Jamie Marquardt and Deborah A. Marquardt

(O 930-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1526

Ward 16


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Memphis Ave — from Ridge Rd to Pearl Rd — rehabilitation — amend Ord.

2368-92 (O 894-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1521



Ward 17




— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Franklin Blvd. (south) near W. 81st St. — change the zoning — Parking District (O 606-03). . . . . . . . . . . 1486

St. Patrick’s Pot-O-Gold Run — permit — Hermes Sports & Events (O 1145-03) . . . . . . . . . . . . . . . . . . . . . . . . 1572

Tillman Ave. — Land Reutilization Program — Jack Meyers-Kiousis and Alanna

Meyers-Kiousis (O 1124-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565

W. 50th St., 1833 — Land Reutilization Program — Cleveland Housing Network, Inc. (O 695-03) . . . . . . . . 1493


Ward 18

Almira Ave., 8806 — objection — liquor permit (R 1134-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1450


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Speed enforcement mobile detector unit (1) — exchange NEF funds for Restricted Income

Tax funds (O 1123-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1565







1591

Ward 19


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Ward 20




— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Ward 21


— Ward(s) 13, 1, 2, 6, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21


Warehouse District



Water Division

Datamatic meter reading, collections, investigations and meters maintenance system

(O 1000-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1542

Fire hydrants — repair or replace (O 1002-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543

Ring and pinion gears — fabricate (O 1001-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543

Solar power system — public improvement — water treatment plant (O 1003-03). . . . . . . . . . . . . . . . . . . . . . . 1543

Water main — SYSCO property — public improvement (O 1005-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544

Water Pollution Control Division

Catch basins and manholes — public improvement (O.1004-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1543 1556

Zoning Code

Franklin Blvd. (south) near W. 81st St. — change the zoning — Parking

District (O 606-03). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1486


367.99 and 3103.99 (O 1006-03) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1544


1592