DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE DEPT. OF PUBLIC SAFETY

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1 The City Record Official Publication of the Council of the City of Clevel July the Twenty-Third, Two Thous Fourteen Frank G. Jackson Mayor The City Record is available online at Kevin J. Kelley President of Council Containing PAGE Patricia J. Britt City Clerk, Clerk of Council Ward Name 1 Terrell H. Pruitt 2 Zachary Reed 3 Joe Cimperman 4 Kenneth L. Johnson 5 Phyllis E. Clevel 6 Mamie J. Mitchell 7 TJ Dow 8 Michael D. Polensek 9 Kevin Conwell 10 Jeffrey D. Johnson 11 Dona Brady 12 Anthony Brancatelli 13 Kevin J. Kelley 14 Brian J. Cummins 15 Matthew Zone 16 Martin J. Sweeney 17 Martin J. Keane City Council 3 The Calendar 49 Board of Control 49 Civil Service 50 Board of Zoning Appeals 50 Board of Building Stards Building Appeals 52 Public Notice 53 Public Hearings 53 City of Clevel Bids 53 Adopted Resolutions Ordinances 54 Committee Meetings 84 Index 84 Printed on Recycled Paper

2 DIRECTORY OF CITY OFFICIALS CITY COUNCIL LEGISLATIVE President of Council Kevin J. Kelley Ward Name Residence 1 Terrell H. Pruitt Throckley Avenue Zack Reed East 149th Street Joe Cimperman...P.O. Box Kenneth L. Johnson Hampton Road Phyllis E. Clevel East 36th Street Mamie J. Mitchell Shaker Boulevard, # TJ Dow Decker Avenue Michael D. Polensek Brian Avenue Kevin Conwell Ashbury Avenue Jeffrey D. Johnson Parkgate Avenue Dona Brady West Boulevard Anthony Brancatelli Ottawa Road Kevin J. Kelley Parkridge Avenue Brian J. Cummins Mapledale Avenue Matthew Zone West 69th Street Martin J. Sweeney West 133rd Street Martin J. Keane Colletta Lane City Clerk, Clerk of Council Patricia J. Britt, 216 City Hall, MAYOR Frank G. Jackson Ken Silliman, Secretary to the Mayor, Chief of Staff Darnell Brown, Executive Assistant to the Mayor, Chief Operating Officer Valarie J. McCall, Executive Assistant to the Mayor, Chief of Government Affairs Martin J. Flask, Executive Assistant to the Mayor of Special Projects Monyka S. Price, Executive Assistant to the Mayor, Chief of Education Maureen Harper, Executive Assistant to the Mayor, Chief of Communications Jenita McGowan, Executive Assistant to the Mayor, Chief of Sustainability Natoya J. Walker Minor, Chief of Public Affairs Interim Director of Equal Opportunity. OFFICE OF CAPITAL PROJECTS Matthew L. Spronz, Director DIVISIONS: Architecture Site Development Robert Vilkas, Chief Architect, Manager Engineering Construction Richard J. Switalski, Manager Real Estate James DeRosa, Commissioner DEPT. OF LAW Barbara A. Langhenry, Director, Gary D. Singletary, Chief Counsel, Richard F. Horvath, Chief Corporate Counsel, Thomas J. Kaiser, Chief Trial Counsel, Room 106: John Skrtic, Law Librarian, Room 100 DEPT. OF FINANCE Sharon Dumas, Director, Room 104; Natasha Brt, Manager, Internal Audit DIVISIONS: Accounts Lonya Moss Walker, Commissioner, Room 19 Assessments Licenses Dedrick Stephens, Commissioner, Room 122 City Treasury James Hartley, Interim Treasurer, Room 115 Financial Reporting Control James Gentile, Controller, Room 18 Information Technology Services Douglas Divish, Commissioner, 205 W. St. Clair Avenue Purchases Supplies Tiffany White, Commissioner, Room 128 Printing Reproduction Michael Hewitt, Commissioner, 1735 Lakeside Avenue Taxation Nassim Lynch, Tax Administrator, 205 W. St. Clair Avenue DEPT. OF PUBLIC UTILITIES Paul Bender, Director, 1201 Lakeside Avenue DIVISIONS: Clevel Public Power Ivan Henderson, Commissioner Utilities Fiscal Control Frank Badalamenti, Chief Financial Officer Water Alex Margevicius, Interim Commissioner Water Pollution Control Rachid Zoghaib, Commissioner DEPT. OF PORT CONTROL Ricky D. Smith, Director, Clevel Hopkins International Airport, 5300 Riverside Drive DIVISIONS: Burke Lakefront Airport Khalid Bahhur, Commissioner Clevel Hopkins International Airport Fred Szabo, Commissioner DEPT. OF PUBLIC WORKS Michael Cox, Director OFFICES: Administration John Laird, Manager Special Events Marketing Tangee Johnson, Manager DIVISIONS: Motor Vehicle Maintenance Daniel A. Novak, Commissioner Park Maintenance Properties Richard L. Silva, Commissioner Parking Facilities Antionette Thompson, Interim Commissioner Property Management Tom Nagle, Commissioner Recreation Samuel Gissentaner, Interim Commissioner Streets Rell T. Scott, Interim Commissioner Traffic Engineering Robert Mavec, Commissioner Waste Collection Disposal Rell T. Scott, Interim Commissioner DEPT. OF PUBLIC HEALTH Toinette Parrilla, Director, 75 Erieview Plaza DIVISIONS: Air Quality George Baker, Commissioner Environment Chantez Williams, Commissioner, 75 Erieview Plaza Health Myron Benett, Commissioner, 75 Erieview Plaza DEPT. OF PUBLIC SAFETY Michael C. McGrath, Director, Room 230 DIVISIONS: Animal Control Services John Baird, Chief Dog Warden, 2690 West 7th Street Correction Robert Taskey, Commissioner, Clevel House of Corrections, 4041 Northfield Rd. Emergency Medical Service Nicole Carlton, Acting Commissioner, 1708 South Pointe Drive Fire Patrick Kelly, Chief, 1645 Superior Avenue Police Calvin D. Williams, Chief, Police Hdqtrs. Bldg., 1300 Ontario Street DEPT. OF COMMUNITY DEVELOPMENT Daryl Rush, Director DIVISIONS: Administrative Services Jesus Rodriguez, Commissioner Fair Housing Consumer Affairs Office John Mahoney, Manager Neighborhood Development Chris Garl, Commissioner Neighborhood Services Louise V. Jackson, Commissioner DEPT. OF BUILDING AND HOUSING Edward W. Rybka, Director, Room 500 DIVISIONS: Code Enforcement Thomas E. Vanover, Commissioner Construction Permitting Narid Hussain, Commissioner DEPT. OF HUMAN RESOURCES Deborah Southerington, Director, Room 121 DEPT. OF ECONOMIC DEVELOPMENT Tracey A. Nichols, Director, Room 210 DEPT. OF AGING Jane Fumich, Director, Room 122 COMMUNITY RELATIONS BOARD Room 11, Blaine Griffin, Director, Mayor Frank G. Jackson, Chairman Ex-Officio; Rev. Dr. Charles P. Lucas, Jr., Vice-Chairman, Council Member Brian Cummins, Eugene R. Miller, (Board Lawyer), Roosevelt E. Coats, Jenice Contreras, Kathryn Hall, Yasir Hamdallah, Evangeline Hardaway, John O. Horton, Gary Johnson, Sr., Daniel McNea, Stephanie Morrison-Hrbek, Rol Muhammad, Gia Hoa Ryan, Peter Whitt. CIVIL SERVICE COMMISSION Room 119, Robert Bennett, President; Michael L. Nelson, Sr., Vice-President; Lucille Ambroz, Secretary; Members: Pastor Gregory Jordan, Michael Flickinger. SINKING FUND COMMISSION Frank G. Jackson, President; Council President Kevin J. Kelley; Betsy Hruby, Asst. Sec y.; Sharon Dumas, Director. BOARD OF ZONING APPEALS Room 516, Carol A. Johnson, Chairman; Members; Mary Haas McGraw, Ozell Dobbins, Joan Shaver Washington, Tim Donovan, Elizabeth Kukla, Secretary. BOARD OF BUILDING STANDARDS AND BUILDING APPEALS Room 516, Joseph F. Denk, Chairman; Howard Bradley, Patrick M. Gallagher, Robert Maschke, Halim M. Saab, P.E., Alternate Members D. Cox, P. Frank, E. P. O Brien, Richard Pace, J.F. Sullivan. BOARD OF REVISION OF ASSESSMENTS Law Director Barbara A. Langhenry, President; Finance Director Sharon Dumas, Secretary; Council President Kevin J. Kelley. BOARD OF SIDEWALK APPEALS Capital Projects Director Matthew Spronz, Law Director Barbara A. Langhenry; Council Member. BOARD OF REVIEW (Municipal Income Tax) Law Director Barbara A. Langhenry; Utilities Director Paul Bender; Council President Kevin J. Kelley. CITY PLANNING COMMISSION Room 501 Freddy L. Collier, Jr., Director; Anthony J. Coyne, Chairman; David H. Bowen, Lillian Kuri, Lawrence A. Lumpkin, Gloria Jean Pinkney, Norman Krumholz, Council Member Phyllis E. Clevel. FAIR HOUSING BOARD Charles See, Chair; Lisa Camacho, Daniel Conway, Robert L. Render, Genesis O. Brown. HOUSING ADVISORY BOARD Room 310 Keith Brown, Terri Hamilton Brown,Vickie Eaton-Johnson, Mike Foley, Eric Hodderson, Janet Loehr, Mark McDermott, Marcia Nolan, David Perkowski, Joan Shaver Washington, Keith Sutton. CLEVELAND BOXING AND WRESTLING COMMISSION Robert Jones, Chair man; Clint Martin, Mark Rivera. MORAL CLAIMS COMMISSION Law Director Barbara A. Langhenry; Chairman; Finance Director Sharon Dumas; Council President Kevin J. Kelley; Councilman Kevin Kelley. POLICE REVIEW BOARD Thomas Jones, Board Chair Person; Vernon Collier, Vermel Whalen, Nancy Cronin, Elvin Vauss. CLEVELAND LANDMARKS COMMISSION Room 519 Jennifer Coleman, Chair; Laura M. Bala, Robert N. Brown, Allan Dreyer, Giancarlo Calicchia, Council Member Terrell H. Pruitt, Robert Vilkas, Donald Petit, Interim Secretary. AUDIT COMMITTEE Yvette M. Ittu, Chairman; Debra Janik, Bracy Lewis, Diane Down ing, Donna Sciarappa, Council President Kevin J. Kelley; Law Director Barbara A. Langhenry. CLEVELAND MUNICIPAL COURT JUSTICE CENTER 1200 ONTARIO STREET JUDGE COURTROOM ASSIGNMENTS Judge Courtroom Presiding Administrative Judge Ronald B. Adrine Courtroom 15A Judge Pinkey S. Carr Courtroom 12B Judge Marilyn B. Cassidy Courtroom 13A Judge Michelle Denise Earley Courtroom 12C Judge Emanuella Groves Courtroom 14B Judge Anita Laster Mays Courtroom 14C Judge Lauren C. Moore Courtroom 14A Judge Charles L. Patton, Jr. Courtroom 13D Judge Raymond L. Pianka (Housing Court Judge) Courtroom 13B Judge Angela R. Stokes Courtroom 15C Judge Pauline H. Tarver Courtroom 13C Judge Ed Wade Courtroom 12A Judge Joseph J. Zone Courtroom 14D Earle B. Turner Clerk of Courts, Russell R. Brown III Court Administrator, Gregory A. Sims Chief Bailiff; Jerome M. Krakowski Chief Probation Officer, Gregory F. Clifford Chief Magistrate, Victor Perez City Prosecutor

3 The City Record OFFICIAL PUBLICATION OF THE COUNCIL OF THE CITY OF CLEVELAND Vol. 101 WEDNESDAY, JULY 23, 2014 No CITY COUNCIL WEDNESDAY, JULY 16, 2014 The City Record Published weekly by the City Clerk, Clerk of Council under authority of the Charter of the City of Clevel The City Record is available online at Address all communications to PATRICIA J. BRITT City Clerk, Clerk of Council 216 City Hall PERMANENT SCHEDULE STANDING COMMITTEES OF THE COUNCIL MONDAY Alternating 9:30 A.M. Health Human Services Committee: Cimperman (CHAIR), Mitchell (VICE-CHAIR), Brady, Clevel, Conwell, Cummins, J. Johnson. 9:30 A.M. Municipal Services Property Committee: K. Johnson (CHAIR), Sweeney (VICE-CHAIR), Brancatelli, Cummins, Dow, J. Johnson, Reed. MONDAY 2:00 P.M. Finance Committee: Kelley (CHAIR), Clevel (VICE- CHAIR), Brady, Brancatelli, Conwell, Keane, Mitchell, Pruitt, Zone. TUESDAY 9:30 A.M. Development, Planning Sustainability Committee: Brancatelli (CHAIR), Clevel (VICE-CHAIR), Cimperman, Cummins, Dow, Pruitt, Zone. TUESDAY Alternating 1:30 P.M. Utilities Committee: Pruitt (CHAIR), Brady (VICE- CHAIR), Brancatelli, Cummins, Keane, Mitchell, Polensek. 1:30 P.M. Workforce Community Benefits Committee: Clevel (CHAIR), Zone (VICE-CHAIR), J.Johnson, Polensek, Pruitt, Reed, Sweeney. WEDNESDAY Alternating 10:00 A.M. Safety Committee: Zone (CHAIR), Conwell (VICE- CHAIR), Cimperman, Dow, K.Johnson, Keane, Polensek. 10:00 A.M. Transportation Committee: Keane (CHAIR), Dow (VICE-CHAIR), Conwell, J. Johnson, K.Johnson, Reed, Sweeney. The following Committees meet at the Call of the Chair: Mayor's Appointments Committee: Sweeney (CHAIR), Brady, Clevel, Dow, Kelley. Operations Committee: Pruitt (CHAIR), Kelley, Keane, Mitchell, Zone. Rules Committee: Kelley (CHAIR), Clevel, Cummins, Keane, Pruitt. OFFICIAL PROCEEDINGS CITY COUNCIL Clevel, Ohio Wednesday, July 16, 2014 The meeting of the Council was called to order at 5:46 p.m. with the President of Council, Kevin J. Kelley, in the Chair. Council Members present: Dona Brady, Joe Cimperman, Phyllis E. Clevel, Kevin Conwell, Brian J. Cummins, TJ Dow, Jeffrey D. Johnson, Kevin J. Kelley, Kenneth L. Johnson, Martin J. Keane, Mamie J. Mitchell, Michael D. Polensek, Terrell H. Pruitt, Zack Reed, Martin J. Sweeney Matthew Zone. Also present were: Mayor Frank G. Jackson, Chief of Staff Ken Silliman, Chief Operating Officer Darnell Brown, Chief of Government Affairs Valarie J. McCall, Chief of Sustainability Jenita McGowan, Directors Langhenry, Dumas, Smith, Spronz, Parrilla, McGrath, Cox, Rush, Rybka, Southerington, Nichols, Griffin Ambroz. Council Members, Administration, Staff, those in the audience rose for a moment of silent reflection, the Pledge of Allegiance. MOTION On the motion of Council Member Keane, the reading of the minutes of the last meeting was dispensed with the journal approved. Seconded by Council Member Clevel. COMMUNICATIONS File No Allen Dreyer Deputy Clerk Clevel City Council 601 Lakeside Avenue Room 220 Clevel, Ohio Dear Mr. Dreyer: 1011 July 1, 2014 You are requested, without objection of Clevel City Council, to serve as Clerk of Council Pro Tempore for all matters requiring the Clerk s signature between July 2 July 7, Your assistance is appreciated. Received. Sincerely, Kevin J. Kelley, President Council File No A. From Cuyahoga County Board Of Elections. Amended Certificate of Result of Election on Question or Issue for Issue 11 at the election on May 6, Received. File No From Diana Holly, Asset Manager, Emerald Development & Economic Network, Inc. Notification of intent to apply for the multifamily funding programs of the Ohio Housing Finance Agency for a residential rental development known as EDEN Scattered Site Preservation Initiative Phase 1 at Parkhurst Avenue in Clevel, Ohio. Received. File No From David Bruckman, Chief Systems Analyst/Biostatistician & Accreditation Coordinator, Office of Biostatistics, Department of Public Health, City of Clevel. Notification of award acceptance of a $4,000 grant from Ohio Public Health Partnership through the Centers for Disease Control the Ohio Department of Public Health, supporting preparation towards accreditation from the Public Health Accreditation Board. Received. File No From Jennifer Wintner, Project Consultant, Welcome House, Inc. Notification of intent to apply for the multifamily funding programs of the Ohio Housing Finance Agency for a residential development for young adults with developmental disabilities known as Archives Apartments at 2845 Franklin Boulevard in Clevel, Ohio. Received. OATHS OF OFFICE File No Myron Benett, Commissioner of Health, Department of Public Health. Received. File No Patrick Cusick, Deputy Commissioner of Environment, Department of Public Health. Received.

4 4 The City Record July 23, 2014 File No Toinette Parrilla, Director of the Department of Public Health. Received. File No Chantez Williams, Commissioner of Environment, Department of Public Health. Received. File No Freddy L. Collier, Jr., Planning Director Secretary to the City Planning Commission. Received. File No Chris Garl, Assistant Director of City Planning. Received. STATEMENT OF WORK ACCEPTANCE File No From Department of Public Works Office of Capital. Projects, City of Clevel, for Loew Park Ball Diamond Improvements. Contractor: F. Buddie Contracting, LTD. Contract: #PI Date of Acceptance: June 9, Received. FROM OHIO DIVISION OF LIQUOR CONTROL File No RE: # Transfer of Ownership Application, D1 D2 D3 D3A D6. Main Avenue Bar, LLC, 1231 Main St. (Ward 3). Received. File No RE: # New License Application, C1. Wright on Time Take Out, LLC, Grovewood Avenue (Ward 8). Received. File No RE: # New License Application, C1. Goldberg Investments Group, LLC, 4200 West 130th St. (Ward 16). Received. File No RE: # Transfer of Location Application, C2 C2X. Shri Hanuman, Inc., 5611 Woodl Avenue (Ward 5). Received. File No RE: # Transfer of Ownership Application, D1 D2 D3 D3A D6. CLP, Inc., 4370 Pearl Road (Ward 13). Received. File No RE: # New License Application, Dot & Beanies Tavern, Inc., 6201 St. Clair Avenue (Ward 10). Received. File No RE: # Transfer of Ownership Application, D1 D2 D3 D3A. Reid Ivaskovic, LLC, W. Pearl Road (Ward 12). Received. File No RE: # New License Application, D5J. Arcadian Food & Drink, Inc., 6418 Detroit Avenue (Ward 15). Received. File No RE: # Stock Application, D2 D2X D3 D3A D6. Brinor, Inc., 2205 St. Clair Avenue (Ward 7). Received. File No RE: # Transfer of Ownership Application, C1 C2. AAAR Gas, Inc., 7910 Harvard Avenue (Ward 12). Received. File No RE: # Stock Application, D5 D6. McNamaras Pub, Inc., 8611 Lake Avenue (Ward 15). Received. File No RE: # Stock Application, D1 D2 D3 D3A D West 130th Street, Inc., 4645 West 130th St. (Ward 16). Received. File No RE: # Transfer of Ownership Application, D5 D6. Maetab, LLC, 627 Prospect Avenue (Ward 3). Received. File No RE: # Economic Development Transfer, D5. Sushi 86, Inc., 509 Prospect Ave., E. (Ward 3). Received. File No RE: # Transfer of Ownership Application, C1 C2. Balluti E-Z Go, Inc., 3500 Brookpark Road (Ward 13). Received. File No RE: # Transfer of Location Application, D1 D2 D3 F3A D6. Kelleys Pub, LLC, Lakewood Heights Blvd. (Ward 16). Received. File No RE: # Transfer of Ownership Application, D5 D West 6th, LLC, 1275 West 6th St. (Ward 3). Received. File No RE: # Economic Development Transfer, C2. K A Florist, Ltd., Carnegie Avenue (Ward 6). Received. File No RE: # Economic Development Transfer, D2 D2X D3 D6. Dos Amigos, LLC, 530 Euclid Avenue (Ward 3). Received. File No RE: # New License Application, C1. Debs Market, Inc., 8412 Cedar Avenue (Ward 6). Received. File No RE: # Transfer of Location Application, C1 C2 D6. Rida, Inc., Euclid Avenue (Ward 10). Received. File No RE: # Liquor Agency Contract. Rida, Inc., Euclid Avenue (Ward 10). Received. File No RE: # Transfer of Ownership Application, C2 C2X. Lorain Avenue Super Mercabo, Inc., 4506 Lorain Avenue (Ward 3). Received. File No RE: # New License Application, D5J. Bon Appetit Management Co., Bellflower Road (Ward 9). Received. File No RE: # Transfer of Location Application, D5 D6. Blueprint, LLC, Euclid Avenue (Ward 10). Received File No RE: # New License Application, D5. Board of Park Commissioners Clevel Metro Park District, 1785 Merwin St. (Ward 3). Received. File No RE: # New License Application, D5J. Upper Room Entertainment, LLC, Waterloo (Ward 8). Received. File No RE: # New License Application, D5A. Hopkins Partners/ Sheraton Airport Hotel, 5300 Riverside Dr. (Ward 17). Received. CONDOLENCE RESOLUTIONS The rules were suspended the following Resolutions were adopted by a rising vote: Res. No Charles A. Marks. Res. No Stafford Lee Hodge. Res. No Henrietta Goodwin. Res. No Irene Scruggs. Res. No Bessie B. McIntyre. Res. No Judge Clarence L. Gaines. Res. No William Alvin Cunningham. Res. No Jimmy Scott. CONGRATULATIONS RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No Robert A. Jackimowicz. Res. No David Ebersole. Res. No Jack Thompson. Res. No Nancy Lynne Baxter. Res. No Daniel P. Joyce. Res. No Rev. Dr. Leroy Banks, Sr., Beulah Banks. Res. No Rev. Dr. Stephen Rowan. Res. No Pauline Salter Dixon. Res. No Pamela Young. Res. No Kasumi. Res. No Deena Mirow Epstein. Res. No Kathleen Cerveny. Res. No Richard Myers. Res. No Brad Ricca. Res. No Valerie Mayen. Res. No Raymond Bobgan. Res. No William Busta. Res. No Club Alma Yaucana 25th Annual Coffee Festival. Res. No Rev. Timothy D. Boze. Res. No Anita Comedy. Res. No Rev. Robert James Turner. RECOGNITION RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No L.O.V.E. Ensemble Concert Choir. Res. No Williams - R Family Reunion. Res. No Moore Counseling & Mediation Services, Inc. Res. No Lester Ackerman.

5 July 23, 2014 The City Record 5 Res. No Clevel s American Civil War Special History Event. Res. No Ukrainian American Veterans, Inc., Post 24 (67th Annual Convention). APPRECIATION RESOLUTIONS The rules were suspended the following Resolutions were adopted without objection: Res. No Eric Wobser. Res. No Judy Comeau- Hart. Res. No Elder Paul Carrington. WELCOME RESOLUTION The rules were suspended the following Resolution was adopted without objection: Res. No Maurice Hines. COMMEMORATION RESOLUTION The rules were suspended the following Resolution was adopted without objection: Res. No Roberto Ocasio Day. FIRST READING EMERGENCY ORDINANCES REFERRED Ord. No By Council Members Cimperman Kelley (by departmental request). the Director of Public Health to apply for accept a grant from the Cuyahoga County Board of Health for the 2015 Immunization Action Plan Program; authorizing the Director to charge accept fees for this program; authorizing one or more agreements with Medicaid Medicaid HMOs for the City to receive payments. Section 1. That the Director of Public Health is authorized to apply for accept a grant in the approximate amount of $95,340, any other funds as they become available during the grant term, from the Cuyahoga County Board of Health, to conduct the 2015 Immunization Action Plan Program; that the Director of Public Health is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes in the summary budget for the grant. Section 2. That the summary budget for the grant, presented to the Finance Committee of this Council at a public hearing on this legislation set forth in File No A, is made a part of this ordinance as if fully rewritten, including the obligation to devote program income from third-party billings, estimated at $1,000, is approved in all respects, shall not be changed without additional legislative authority. Section 3. That the Director of Public Health shall have the authority to extend the term of the grant during the grant term. Section 4. That the Director of Public Health is authorized to enter into one or more agreements with Medicaid Medicaid HMOs to receive payments under this ordinance. Section 5. That the Director of Public Health is authorized to charge accept fees from participants of this program to deposit those fees into a revolving fund which will be used to provide additional materials equipment, supplies, services under the program described in the file, the funds are appropriated for that purpose. Section 6. That the Director of Public Health shall deposit the grant accepted under this ordinance into a fund or funds designated by the Director of Finance to implement the program as described in the file appropriated for that purpose. Section 7. That, unless expressly prohibited by the grant agreement, under Section 108(b) of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Public Health may sign all documents do all things that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. The contracts will be paid from the fund or funds to which are credited any grant funds program income accepted under this ordinance. Section 8. That this ordinance is Referred to Directors of Public Health, Finance, Law; Committees on Health Human Services, Finance. Ord. No By Council Members Cimperman Kelley (by departmental request). the Director of Public Health to apply for accept a grant from Cuyahoga County Solid Waste Management District for the 2015 Solid Waste Disposal Program. Section 1. That the Director of Public Health is authorized to apply for accept a grant in the approximate amount of $70,000, any other funds that may become available during the grant term, from the Cuyahoga County Solid Waste Management District to conduct the 2015 Solid Waste Disposal Program; that the Director is authorized to file all papers execute all documents necessary to receive the funds under the grant; that the funds are appropriated for the purposes described in the Summary for the grant contained in the file described below. Section 2. That the Summary for the grant, File No A, made a part of this ordinance as if fully rewritten, as presented to the Finance Committee of this Council at the public hearing 1013 on this legislation, is approved in all respects shall not be changed without additional legislative authority. Section 3. That the Director of Public Health shall have the authority to extend the term of the grant during the grant term. Section 4. That the Director of Public Health shall deposit the grant accepted under this ordinance into a fund or funds designated by the Director of Finance to implement the program as described in the file appropriated for that purpose. Section 5. That, unless expressly prohibited by the grant agreement, under Section 108(b) of the Charter, purchases made under the grant agreement may be made through cooperative arrangements with other governmental agencies. The Director of Public Health may sign all documents do all things that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. The contracts will be paid from the fund or funds to which are credited any grant funds accepted under this ordinance. Section 6. That this ordinance is Referred to Directors of Public Health, Finance, Law; Committees on Health Human Services, Finance. Ord. No By Council Members Pruitt Kelley (by departmental request). the Director of Public Utilities to enter into one or more contracts with BIG Wireless, LLC for professional services necessary to provide Level 3 support maintenance on communication links between buildings towers having existing point-to-point links, for remote monitoring, spare or replacement parts equipment, hardware upgrades, labor if necessary, for the Division of Water, Department of Public Utilities, for a period of one year. Section 1. That the Director of Public Utilities is authorized to enter into one or more contracts with BIG Wireless, LLC for professional services necessary to provide Level 3 support maintenance on communication links between buildings towers having existing point-to-point links, for remote monitoring, spare or replacement parts equipment, hardware upgrades, labor if necessary, in the total sum of $83,000, for the Department of Public Utilities, for a period of one year. The contract or contracts shall be paid from Fund No. 52 SF 001, Request No. RQS 2002, RL Section 2. That this ordinance is

6 6 The City Record July 23, 2014 Referred to Directors of Public Utilities, Finance, Law; Committees on Utilities, Finance. Ord. No By Council Members Pruitt Kelley (by departmental request). the Director of Public Utilities to enter into one or more requirement contracts without competitive bidding with Interfleet, Inc. to host, maintain, replace, as needed, components of the automated vehicle locator system, for the Division of Water, Department of Public Utilities, for a period of two years, with two one-year options to renew, the first of which requires additional legislative authority. Section 1. That this Council determines that the within commodities are non-competitive cannot be secured from any source other than Interfleet, Inc. Therefore, the Director of Public Utilities is authorized to make one or more written requirement contracts with Interfleet, Inc., for the requirements for a period not to exceed two years, with two oneyear options to renew, the first of which requires additional legislative authority, of the necessary items to host, maintain, replace, as needed, components of the automated vehicle locator system, to be purchased by the Commissioner of Purchases Supplies on a unit basis, for the Division of Water, Department of Public Utilities. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted the first of the one-year options to renew is exercised, then the second of the one-year options to renew may be exercisable at the option of the Director of Public Utilities, without the necessity of obtaining additional authority of this Council. Section 2. That the costs of the contract or contracts shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases Supplies by a delivery order issued against the contract or contracts certified by the Director of Finance. (RQN 2002, RL ) Section 3. That this ordinance is Referred to Directors of Public Utilities, Finance, Law; Committees on Utilities, Finance. Ord. No By Council Members K. Johnson Brancatelli (by departmental request). An emergency ordinance to amend the title Section 1 of Ordinance No , passed October 29, 2012, relating to an encroachment permit to Crown Castle NG East Inc. to encroach into the public right-of-way with nodes duct banks at various locations. Section 1. That the title Section 1 of Ordinance No , passed October 29, 2012, are amended to read as follows: the Director of Capital Projects to issue a permit to Crown Castle NG East Inc. to encroach into the public right-of-way with 24 nodes (distributed antenna systems) to be attached to Clevel Public Power utility poles City of Clevel traffic signal poles (by separate permission of the poles owners) along with 24 ground cabinets 25 duct banks to connect existing AT&T manholes ground cabinets for the nodes. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Crown Castle NG East Inc., 2000 Corporate Drive, Canonburg, PA ( Permittee ) to encroach into the public right-of-way of various streets by installing, using, maintaining 24 nodes (distributed antenna systems) to be attached to Clevel Public Power utility poles City of Clevel traffic-signal poles (by separate permission of the poles owners) along with 24 ground cabinets 25 duct banks to connect existing AT&T manholes ground cabinets for the nodes, at 36 inches minimum depth, at the locations more fully described as follows: Address Pole Type Owner 1951 Superior Avenue East Fiberglass Streetlight CPP 1534 Superior Avenue East Fiberglass Streetlight CPP 1218 Superior Avenue East Steel Traffic Pole City 602 Superior Avenue East Steel Traffic Pole City 2007 SR-14/US-422 Steel Traffic Pole City 2168 SR-14/US-422 Steel Streetlight CPP 2329 SR-14/US-422 Steel Streetlight CPP 1955 East 9th Street Steel Traffic Pole City 2212 East 9th Street Steel Traffic Pole City 1363 Euclid Avenue Steel Traffic Pole City 1745 Euclid Avenue Steel Traffic Pole City 1803 Carnegie Avenue Steel Traffic Pole City 2104 Prospect Avenue Steel Traffic Pole City 2103 Chester Avenue Steel Traffic Pole City 2413 Chester Avenue Wood Streetlight CPP 2396 Euclid Avenue Steel Traffic Pole City 222 St. Clair Avenue NE Steel Traffic Pole City 208 W. Lakeside Avenue Steel Streetlight CPP 597 E. Lakeside Avenue Steel Traffic Pole City 1019 Lakeside Avenue E Concrete Streetlight CPP 904 St. Clair Avenue NE Steel Traffic Pole City 903 W. Superior Avenue Steel Traffic Pole City 1088 East 9th Street Fiberglass Streetlight CPP 520 Erieside Avenue Fiberglass Streetlight CPP 1014

7 July 23, 2014 The City Record 7 Duct Bank Locations Node: VRZCL01A Address: 1951 Superior Avenue East Affected Intersections: Superior Avenue East East 21st Street, Superior Avenue East East 19th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 170B located 52 feet northwest of the centerline of Superior Avenue East along East 21st Avenue, thence 17 feet southeast along East 21st Street to a bend, thence 316 feet southwest running 5 feet southeast of parallel to the northwestern curb line of Superior Avenue East to a bend, thence northwest 7 feet to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL02A Address: 1534 Superior Avenue East Affected Intersections: Superior Avenue East East 15th Street, Lindazzo Avenue East 15th Street, Rockwell Avenue East 15th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 103D at the intersection of East 15th Street Rockwell Avenue, thence 20 feet northeast to a bend, thence 395 feet southeast running 2 feet southwest of parallel to the northeastern curb line of East 15th Street to a bend, thence 49 feet northeast along Superior Avenue East to a bend, thence 4 feet southeast to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL03A Address: 1218 Superior Avenue East Affected Intersection: Superior Avenue East East 12th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 160B located 55 feet south of Superior Avenue East in East 12th Street, thence 9 feet northwest along East 12th Street to a bend, thence 70 feet northeast across East 12th Street to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL04A Address: 602 Superior Avenue Affected Intersection: Superior Avenue East 6th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 129H located 37 feet south of Superior Avenue in East 6th Street, thence 3 feet northwest along East 6th Street to a bend, thence 52 feet northeast across East 6th Street to a bend, thence southeast 6 feet to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL05G Address: 2007 Ontario Street Affected Intersection: South Roadway Ontario Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 77F located 150 feet southeast of the centerline of South Roadway in Ontario Street, thence 70 feet northwest running 10 feet northeast of parallel to the southeastern curb line of Ontario Street to a bend, thence northeast 12 feet to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL06A Address: 2168 Ontario Street Affected Intersection: 150'-180' south of the Ontario Street High Street intersection Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 79D located 154' south of the centerline of High Street in Ontario Street, thence 25 feet northwest across Ontario Street to a bend, thence 65 feet southwest along Ontario Street to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL07B Address: 2329 Ontario Street Affected Intersections: Ontario Street Bolivar Road, Ontario Street Eagle Avenue Metes & Bounds of Conduit Path in Right-of-Way: Beginning at manhole located 43 feet southeast of the centerline of Bolivar Road along the northeastern curb line of Ontario Street, thence 43 feet southeast running 4 feet behind the northeastern curb line of Ontario Street, thence 12 feet northeast to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL08A Address: 1955 East 9th Street Affected Intersection: Euclid Avenue East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 55C located 38 feet northeast of East 9th Street in Euclid Avenue, thence 17 feet north across Euclid Avenue to a bend, thence northwest 29 feet to a bend, thence west 7 feet to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL09B Address: 2212 East 9th Street Affected Intersection: Bolivar Road East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at AT&T manhole 157J located 40 feet southeast of the centerline of Bolivar Road in East 9th Street, thence 26 feet southwest across East 9th Street to an existing CPP traffic light pole terminus point of the proposed duct line. 1015

8 8 The City Record July 23, 2014 Node: VRZCL10A Address: 1363 Euclid Avenue Affected Intersection: Euclid Avenue East 14th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 57 I located 31' northeast of the centerline of East 14th Street in Euclid Avenue, thence 19 feet north across Euclid Avenue to a bend, thence west 14 feet to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL11A Address: 1745 Euclid Avenue Affected Intersections: Euclid Avenue East 18th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 57H located 13 feet east of the centerline of East 18th Street in Euclid Avenue, thence 41 feet west along Euclid Avenue to a bend, thence 29 feet north across Euclid Avenue to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL12B Address: 1803 Carnegie Avenue Affected Intersection: Carnegie Avenue East 18th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at AT&T manhole 32B in the isl at the southwest corner of the East 18th Street Carnegie Avenue intersection, thence 96 feet southeast across East 18th Street to a bend on the eastern side of East 18th Street, thence 214' north along East 18th Street to an existing CPP traffic light pole in the northeast corner of said intersection terminus point of the proposed duct line. Node: VRZCL13A Address: 2104 Prospect Avenue Affected Intersection: Prospect Avenue East 21st Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 96C located 38 feet west of East 21st Street in Prospect Avenue, thence 50 feet east along Prospect Avenue to a bend, thence 46 feet toward the southern curb line of Prospect Avenue to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL14C Address: 2103 Chester Avenue Affected Intersections: Chester Avenue East 21st Street, Payne Avenue & East 21st Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 85C located 11 feet south of the centerline of Payne Avenue in East 21st Street, thence 760 feet south running 4 feet west of parallel to the eastern curb line of East 21st Street crossing Chester Avenue to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL15A Address: 2413 Chester Avenue Affected Intersections: Payne Avenue East 24th Street, Payne Court East 24th Street, I-90 Ramps East 24th Street, Chester Avenue East 24th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 86B located 18 feet west of the centerline of East 24th Street in Payne Avenue, thence 25 feet east along Payne Avenue to a bend, thence 860 feet south running 4 feet west of parallel to the eastern curb line of East 24th Street to a bend around the northeastern corner of East 24th Street Chester Avenue, thence 85 feet east along Chester Avenue to a bend, thence 4' north to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL016A Address: 2396 Euclid Avenue Affected Intersection: Euclid Avenue East 24th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 59E located adjacent to the centerline of East 24th Street in Euclid Avenue, thence 13 feet south across Euclid Avenue to a bend, thence 70 feet west along Euclid Avenue to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL17A Address: 222 St. Clair Avenue Affected Intersection: St. Clair Avenue West Mall Drive Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 117A located 116' southwest of the intersection of St. Clair Avenue West Mall Drive, thence 48 feet northeast along St. Clair Avenue to a bend, thence 45 feet southeast across St. Clair Avenue to an existing CPP street light pole terminus point of the proposed duct line. Node: VRZCL18A Address: 208 Lakeside Avenue W Affected Intersection: Lakeside Avenue Ontario Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 76A located 18 feet southwest of the centerline of Ontario Street in Lakeside Avenue, thence 34 feet southwest along Lakeside Avenue to a bend, thence 15 feet northwest across Lakeside Avenue to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL19A Address: 597 Lakeside Avenue East Affected Intersection: Lakeside Avenue East East 6th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 74A located 17 feet southwest of the centerline of East 6th Street in Lakeside Avenue East, thence 37 feet southwest along Lakeside 1016

9 July 23, 2014 The City Record 9 Avenue East to a bend, thence 10 feet northeast across Lakeside Avenue East to an existing CPP traffic light pole terminus point of the proposed duct line. Node: VRZCL20A Address: 1019 Lakeside Avenue East Affected Intersection: 155'-355' northwest of East 9th Street on Lakeside Avenue East Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole located 155 feet northeast of the centerline of East 9th Street in Lakeside Avenue East, thence 24 feet northeast along Lakeside Drive East, thence 28 feet on an angle to Lakeside Avenue East to a bend, thence 149 feet northeast running 4 feet southeast of parallel to the northwestern curb line of Lakeside Avenue East to a bend, thence northwest 6 feet to an existing CEI street light pole terminus point of the proposed duct line. Node: VRZCL21A Address: 904 St. Clair Avenue Northeast Affected Intersection: St. Clair Avenue Northeast East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 119D located 136 feet northeast of the centerline of East 9th Street in St. Clair Avenue NE, thence 65 feet southeast across St. Clair Avenue NE to a bend, thence southwest running 4 feet northwest of parallel to the southeastern curb line of St. Clair Avenue NE to a bend, thence southeast 5 feet to an existing CEI street light pole terminus point of the proposed duct line. Node: VRZCL22A Address: 903 West Superior Avenue Affected Intersections: West Superior Avenue Superior Avenue, West 9th Street West Huron Road Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 126E located 60' northwest of the centerline of West Superior Avenue in Superior Avenue, thence southeast 110 feet across Superior Avenue to an existing CEI street light pole terminus point of the proposed duct line. Node: VRZCL23B Address: 1088 East 9th Street Affected Intersection: Erieside Avenue East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole located 460' southwest of the East 9th Street centerline on West 9th Street, thence 451 feet north behind the eastern curb line of Erieside Avenue to an existing CEI street light pole terminus point of the proposed duct line. Node: VRZCL24B Address: 520 Erieside Avenue Affected Intersection: Erieside Avenue Alfred Lerner Way Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole located 93 feet northeast of the northwestern leg of Erieside Avenue along the northeastern portion of Erieside Avenue, thence 165 feet northeast along the back of the southeastern curb line of Erieside Avenue to an existing CPP street light pole terminus point of the proposed duct line. Node: HUBB Location Address: 1100 Carnegie Avenue Affected Intersection: Carnegie Avenue East 9th Street Metes & Bounds of Conduit Path in Right-of-Way: Beginning at existing AT&T manhole 26A located 165 feet northeast of the centerline of East 9th Street in Carnegie Avenue, thence 85 feet northeast along Carnegie Avenue to a bend, thence southeast 30 feet across Carnegie Avenue to the HUBB located at 1100 Carnegie Avenue terminus point of the proposed duct line. Section 2. That the existing title Section 1 of Ordinance No , passed October 29, 2012, are repealed. Section 3. That this ordinance is be in force from after the earliest Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability. Ord. No By Council Members K. Johnson Brancatelli (by departmental request). the Director of Capital Projects to issue a permit to Crown Castle NG East Inc. to encroach into the public right-of-way with 23 nodes (distributed antenna systems) to be attached to Clevel Public Power utility poles City of Clevel traffic signal poles (by separate permission of the poles owners) together with 23 ground cabinets electrical duct banks. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to Crown Castle NG East Inc., 2000 Corporate Drive, Canonburg, PA ( Permittee ), to encroach into the public right-of-way of various streets by installing, using, maintaining 23 nodes (distributed antenna systems) to be attached to Clevel Public Power utility poles City of Clevel traffic-signal poles (by separate permission of the poles owners) together with 23 ground cabinets electrical duct banks, at the locations more fully described as follows: Name Crown BUN Address Lat Long Node CL E. 114th St Node CL E. 117th St

10 10 The City Record July 23, 2014 Node CL Imperial Ave Node CL E. 126th St Node CL Clarebird Ave Node CL E. 142nd St Node CL E. 137th St Node CL Horner Ave Node CL E. 143rd St Node CL Kensington Ave Node CL Wayl Ave Node CL Courtl Ave Node CL W. 134th St Node CL Puritas Ave Node CL W. 127th St Node CL Carter Rd Node CL W. 9th St Node CL Lakeside Ave Node CL E. 9th St Node CL Location to be confirmed approved by Division of Engineering Construction Node CL Robert Lockwood Jr. Dr Node CL W. 9th St Node CL Prospect Ave Section 2. That Permittee may assign the permit only with the written consent of the Director of Capital Projects. 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; Permittee shall obtain such permission from the respective pole owner. Section 3. That the encroaching objects permitted by this ordinance shall conform to plans specifications first approved by the Manager of Engineering Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroachments. Section 4. That the Director of Law shall prepare the permit authorized by this ordinance shall incorporate such additional provisions as the director determines necessary to protect benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 5. That the Permit shall reserve reasonable right of entry to the encroachment location to the City. Section 6. That this ordinance is be in force from after the earliest Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability. Ord. No By Council Members K. Johnson Brancatelli (by departmental request). the Director of Capital Projects to issue a permit to K&D Management LLC to encroach into the public rightof-way of East 9th Street, Superior Avenue, Walnut Avenue by installing, using, maintaining permanent streetscape improvements. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to K&D Management LLC, 4420 Sherwin Road, Willoughby, Ohio ( Permittee ), to encroach into the public right-of-way of East 9th Street, Superior Avenue, Walnut Avenue by installing, using, maintaining permanent streetscape improvements including, but not limited to, curbed tree pits grates, irrigation lines appurtenances, fencing for outdoor dining area, lighted planters electrical ducts, Column -style pedestrian lights electrical ducts, 8" by 36" bollards, ramp railing, at the following location: Encroachment Permit Area 1717 East 9th Street Clevel, Ohio Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Original Two Acre Lot No. 167, said premises being more particularly bounded described as follows: Beginning at the intersection of the northeasterly line of East 9th Street (formerly Erie Street), 99 feet wide, the southeasterly line of Superior Avenue N. E., 132 feet wide; Course No. 1: thence South 33-59'- 50" East along the northeasterly line of East 9th Street, a distance of feet to its intersection with the northwesterly line of Walnut Avenue N. E., 66 feet wide; Course No. 2: thence North 55-53'- 43" East along the northwesterly line of Walnut Avenue N. E., a distance of feet to a point; Course No. 3: thence South 34-06'- 17" East, a distance of feet to a point; Course No. 4: thence South 55-53'- 43" West, a distance of feet to a point of curvature; Course No. 5: thence northwesterly along the arc of a curve deflecting to the right, a distance of feet to a 1018 point of tangency, said curve having a radius of feet, a central angle of 89-53'-33", a tangent distance of feet, a chord which bears North 79-03'-04" West, feet; Course No. 6: thence North 33-59'- 50" West, a distance of feet to a point of curvature; Course No. 7: thence northeasterly along the arc of a curve deflecting to the right, a distance of feet to a point of tangency, said curve having a radius of feet, a central angle of 90-12'-10", a tangent distance of feet, a chord which bears North 10-54'-05" East, feet; Course No. 8: thence North 55-48'- 00" East, a distance of feet to a point; Course No. 9: thence South 34-12'- 00" East, a distance of feet to a point on the southeasterly line of Superior Avenue N. E.; Course No. 10: thence South 55-48'- 00" West along the southeasterly line of said Superior Avenue N. E., a distance of feet to the place of beginning, said premises containing acre of l more or less, as prepared in June of 2014 by Robert A. Dorner, Registered Professional L Surveyor No on behalf of

11 July 23, 2014 The City Record 11 McSteen & Associates, Inc. under Project No being subject to all legal highways easements of record. The basis of bearings for this survey is North 55-48'-00" East as the centerline of Superior Avenue N. E., as evidenced by monuments found, is the same bearing as found in Volume 365 of Maps, Pages of Cuyahoga County Records. Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans specifications first approved by the Manager of Engineering Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroach - ment(s). Section 3. That the Director of Law shall prepare the permit authorized by this ordinance shall incorporate such additional provisions as the director determines necessary to protect benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s). Section 5. That this ordinance is Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability Ord. No By Council Members Cimperman, K. Johnson Brancatelli (by departmental request). the Director of Capital Projects to issue a permit to WSCH, LLC to encroach into the public right-of-way of 3000 Bridge Avenue N.W. by installing, using, maintaining an entry-area ADA ramp stair. Section 1. That the Director of Capital Projects is authorized to issue a permit, revocable at the will of Council, to WSCH, LLC, 3000 Bridge Avenue N.W. Clevel, Ohio ( Permittee ), to encroach into the public right-of-way of Bridge Avenue N.W. by installing, using, maintaining an entry-area ADA ramp stair, at the following location: Hicap Ramp Encroachment Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being an area inside the right of way of Bridge Avenue, a 66' right of way, said point being contiguous with the southerly line of Sublot Numbers of the Severance Folsom s Subdivision part of Original Lots No. 52 in the Township of Brooklyn. Commencing at a point witnessed by a record 5/8" capped iron rod stamped Welch s Clev at the most Northeasterly corner of said Sublot No. 54 on the westerly right of way of West 30th Street, 66 feet wide; thence S 31 37'02" E, ' more or less along said westerly Right of Way of West 30th Street to a point of intersection with the northerly Right of Way of Bridge Avenue, 66 feet wide, said point being referenced by an encroaching building corner South 0.05 feet East 0.42 feet; thence S 58 13'11" W, 12.93' along said northerly Right of Way of Bridge Avenue to the true point of beginning; 1.) Thence S 31 46'49" E, 5.68' to a point; 2.) Thence S 58 11'55" W, 26.06' parallel with the north line of said Bridge Avenue to a point; 3.) Thence N 31 46'49" W, 5.69' to a point on the south line of said Bridge Avenue; 4.) Thence N 58 13'11" E, 25.06' along the south line of said Bridge Avenue to the true point of beginning. The above described hicap ramp easement contains acres which is in the Right of Way of said Bridge Avenue as geometrically described from record data from a survey by the Atwell Group of Solon Ohio dated 9/20/2012 not physically surveyed by H. David Laurila, P.S of Laurila Surveying on May 19, Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That Permittee may assign the permit only with the prior written consent of the Director of Capital Projects. That the encroaching structure(s) permitted by this ordinance shall conform to plans specifications first approved by the Manager of Engineering Construction. That Permittee shall obtain all other required permits, including but not limited to Building Permits, before installing the encroach - ment(s). Section 3. That the Director of Law shall prepare the permit authorized by this ordinance shall incorporate such additional provisions as the director determines necessary to protect benefit the public interest. The permit shall be issued only when, in the opinion of the Director of Law, a prospective Permittee has properly indemnified the City against any loss that may result from the encroachment(s) permitted. Section 4. That the permit shall reserve to the City reasonable right of entry to the encroachment location(s). Section 5. That this ordinance is Referred to Directors of Capital Projects, City Planning Commission, 1019 Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability. Ord. No By Council Member Kelley (by departmental request). the Director of Finance to exercise the third option to renew Contract No. MA 1511 RC with Software House International to provide Microsoft licenses for the various divisions of City government. Whereas, under the authority of Ordinance No , passed July 14, 2010, the Director of Finance entered into Contract No. MA 1511 RC with Software House International to provide Microsoft licenses for the various divisions of City government; Whereas, Ordinance No requires further legislation before exercising the third option to renew on this contract; Section 1. That the Director of Finance is authorized to exercise the third option to renew Contract No. MA 1511 RC for an additional year in the approximate of $1,637,750.00, for the requirements for an additional year of Microsoft licenses for the various divisions of City government. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. (RQN 1511 RL ) Section 2. That this ordinance is Referred to Directors of Finance, Law; Committee on Finance. Ord. No By Council Members Keane Kelley (by departmental request). the Director of Port Control to exercise the second option to renew Contract No. PS with Tran- Systems Corporation of Ohio, Inc. to provide professional services needed for on-call design construction support services, for the Department of Port Control. Whereas, under the authority of Ordinance No , passed June 4, 2012, the Director of Port Control entered into Contract No. PS with TranSystems Corporation of Ohio, Inc. for professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control; Whereas, Ordinance No requires further legislation before exercising the second option to renew on this contract;

12 12 The City Record July 23, 2014 Section 1. That the Director of Port Control is authorized to exercise the second option to renew Contract No. PS for an additional year, with TranSystems Corporation of Ohio, Inc. for professional services needed for on-call design construction support services, for the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. Section 2. That this ordinance is Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Keane Kelley (by departmental request). the Director of Port Control to exercise the second option to renew Contract No. PS with CHA Consultants, Inc. to provide professional services needed for on-call design construction support services, for the Department of Port Control. Whereas, under the authority of Ordinance No , passed June 4, 2012, the Director of Port Control entered into Contract No. PS with CHA Consultants, Inc. for professional services needed for on-call design construction support services, for the Department of Port Control; Whereas, Ordinance No requires further legislation before exercising the second option to renew on this contract; Section 1. That the Director of Port Control is authorized to exercise the second option to renew Contract No. PS for an additional year, with CHA Consultants, Inc. for professional services needed for on-call design construction support services, for the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. Section 2. That this ordinance is Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Keane Kelley (by departmental request). the Director of Port Control to exercise the first option to renew Contract No. PS with Northl Research Corp. to provide professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control. Whereas, under the authority of Ordinance No , passed June 4, 2007, the Director of Port Control entered into Contract No. PS with Northl Research Corp. for professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control; Whereas, Ordinance No requires further legislation before exercising the first option to renew on this contract; Section 1. That the Director of Port Control is authorized to exercise the first option to renew Contract No. PS for an additional year, with Northl Research Corp. for professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. Section 2. That this ordinance is Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Keane Kelley (by departmental request). the Director of Port Control to exercise the first option to renew Contract No. PS with O.R. Colan Assoc., LLC. to provide professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control. Whereas, under the authority of Ordinance No , passed June 4, 2007, the Director of Port Control entered into Contract No. PS with O.R. Colan Assoc., LLC. for professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control; Whereas, Ordinance No requires further legislation before exercising the first option to renew on this contract; 1020 Section 1. That the Director of Port Control is authorized to exercise the first option to renew Contract No. PS for an additional year, with O.R. Colan Assoc., LLC. for professional services needed to survey appraise real personal property, rights-of-way, easements, other real property interests, for the various divisions of the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. Section 2. That this ordinance is Referred to Directors of Port Control, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance giving final consent of the City of Clevel to the State of Ohio for the removal replacement of the Canal Road Bridge; authorizing the Director of Capital Projects to enter into contracts with the State of Ohio; causing payment to the State of Ohio for the City s share of the improvement. Whereas, under Ordinance No , passed February 7, 2011, as amended by Ordinance No , passed September 19, 2011 Ordinance No , passed February 11, 2013 this Council authorized the City of Clevel to cooperate with the Director of Transportation for the removal replacement of the Canal Road Bridge, PID 89064, over CSX Railroad under the Norfolk Southern Railroad (the Improvement ); Whereas, the City shall cooperate with the Ohio Director of Transportation in the above described project by assuming bearing one hundred percent (100%) of the cost of the entire cost of the Improvement, less the amount of Federal-aid funds, including NOACA, set aside by the Director of Transportation for the financing of this improvement from funds allocated by the Federal Highway Administration, U.S. Department of Transportation, further, the City agrees to assume bear one hundred percent (100%) of the cost of Preliminary Engineering rightof-way, excluding in-house preliminary engineering right-of-way charges incurred by the State; Whereas, the share of the City s cost of the Improvement is now estimated to be $809,462, but may be adjusted when the percentages of actual costs are determined; Whereas, the City agrees to assume contribute 100% of the cost of any items included in the construction contract at the request of the City, which are determined by the State not eligible or made necessary by the Improvement; Whereas, the Ohio Director of Transportation has approved the legislation proposing cooperation has caused to be made plans specifications an estimate of costs expense for the Improvement

13 July 23, 2014 The City Record 13 has transmitted copies of the same to this legislative authority; Whereas, the City desires the Ohio Director of Transportation to proceed with the Improvement; Section 1. That this Council requests the Ohio Director of Transportation to proceed with the Improvement. Section 2. That the Director of Capital Projects is authorized to enter into contracts with the State /or their pre-qualified consultants for the preliminary engineering phase of the Project, to enter into contracts with the Director of Transportation necessary to complete the Improvement. Section 3. That the Clerk of Council is authorized directed to transmit to the State three (3) certified copies of this ordinance immediately on its taking effect, it shall become the basis for proceeding with the Improvement. Section 4. That this Council is authorized to cause payment to the State of the City s share of the Improvement, payable from Fund Nos. 20 SF 520, 20 SF 528, 20 SF 534, 20 SF 540, 20 SF 546, 20 SF 554, 20 SF 563, 52 SF 001, 54 SF 001, RQS 0103, RL Section 5. That this ordinance is Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to execute a deed of easement a temporary deed of easement granting to Cuyahoga County certain easement rights in property located on East 49th Street declaring the easement rights not needed for the City s public use. Whereas, Cuyahoga County (the County ) has requested the Director of Public Works to convey certain easement rights temporary easement rights in property located on East 49th Street known as Permanent Parcel No ; Whereas, the County requires the easement rights on East 49th Street for the rehabilitation of East 49th Street Bridge at Morgana Run Trail Project; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that an easement interest in the following described property is not needed for the City s public use: PARCEL #2-SH EAST 49TH STREET (C.R. 378) BRIDGE NO STANDARD HIGHWAY EASEMENT TO CONSTRUCT AND MAINTAIN A STONE WING WALL, FOR SUBSURFACE DRAINAGE AND FOR SLOPE Situated in the City of Clevel, County of Cuyahoga, State of Ohio, being part of the Original 100 Acre Lot No. 320 being acres PERMANENT EASEMENT #2-SH for Bridge No located within a record parcel of l as conveyed to City of Clevel by deed dated February 1, 2005 as recorded in AFN of Cuyahoga County Records more particularly bounded described as follows: Beginning at a 1" iron pin in a monument box found at an angle point on the centerline of East 49th Street, said point being at Station on the centerline of right-of-way of East 49th Street as shown on the Centerline Schematic Plan (Sheet 2 of 5) of the Right-of Way Plans for East 49th Street (C.R. 378), County Project #M as recorded in Volume 375, Page 82 of Cuyahoga County Map Records; Thence South 09 01'05" East, along the centerline of said East 49th Street a distance of feet to a point, said point being at Station on the centerline of said East 49th Street; Thence North 80 58'55" East, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street the TRUE POINT OF BEGINNING of the herein described tract of l; 01. Thence South 66 08'57" East, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 02. Thence South 24 47'57" West, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 03. Thence South 80 58'55" West, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 04. Thence North 09 01'05" West, a distance of feet to the TRUE POINT OF BEGINNING containing, more or less acres (518 sq. ft.), subject to all legal easements, restrictions, reservations, conditions rights-of-way of previous record. Basis of Bearing for this legal description is North 09 01'05" West as the centerline of East 49th Street as evidenced by monuments found is the same as calculated reproduced based on using Ohio State Plane Coordinate System, North Zone (NAD ) Datum by ties to the O.D.O.T. CORS Network using GRAF are for the purpose of indicating variations; The stations referred to herein are from the centerline of right-of-way of East 49th Street (C.R. 378) Bridge No in the City of Clevel, as shown on the Centerline Schematic Plan of the Right-of-Way Plans for East 49th Street (C.R. 378) Bridge No This description was prepared under the supervision of 1021 reviewed by Adam D. Treat P.S. #8058 from a survey made under the supervision of Adam D. Treat P.S. #8058 for Michael Benza & Associates in conjunction with the Cuyahoga County Plan East 49th Street Bridge (C.R. 378) Bridge No PARCEL #2-SH-1 EAST 49TH STREET (C.R. 378) BRIDGE NO STANDARD HIGHWAY EASEMENT TO CONSTRUCT AND MAINTAIN A BRIDGE STRUCTURE Situated in the City of Clevel, County of Cuyahoga, State of Ohio, being part of the Original 100 Acre Lot No. 320 being acres PERMANENT STANDARD HIGH- WAY EASEMENT #2-SH-1 for Bridge No located within a record parcel of l as conveyed to City of Clevel by deed dated February 1, 2005, as recorded in AFN of Cuyahoga County Records more particularly bounded described as follows: Beginning at a 1" iron pin in a monument box found at an angle point on the centerline of East 49th Street, said point being at Station on the centerline of right-of-way of East 49th Street as shown on the Centerline Schematic Plan (Sheet 2 of 5) of the Right-of Way Plans for East 49th Street (C.R. 378), County Project #M as recorded in Volume 375, Page 82 of Cuyahoga County Map Records; Thence South 09 01'05" East, along the centerline of said East 49th Street a distance of feet to a point, said point being at Station on the centerline of said East 49th Street; Thence North 80 58'55" East, a distance of feet to a point on the easterly line of East 49th Street the southwesterly corner of a parcel of l conveyed to Ted & Tom, LLC by the recorded deed in AFN of Cuyahoga County Records the northwesterly corner of said City of Clevel parcel, said point being feet right of Station on the centerline of said East 49th Street the TRUE POINT OF BEGINNING of the herein described tract of l; 05. Thence along the arc of a curve, deflecting to the left, along the southerly line of said Ted & Tom, LLC parcel the northerly line of said City of Clevel parcel, an arc distance of 6.26 feet to a point, said point being feet right of Station on the centerline of said East 49th Street, said arc having a radius of feet, a central angle of 0 19'38" a chord of 6.26 feet which bears South 62 00'10" East; 06. Thence South 09 01'05" East, a distance of feet to a point on the southerly line of said City of Clevel parcel the northerly line of a parcel of l conveyed to Clevel Central Enterprises Corp. by the recorded deed in Volume , Page 54 of Cuyahoga County Records, said point being feet right of Station on the centerline of said East 49th Street; 07. Thence along the arc of a curve, deflecting to the right, along the southerly line of said City of Clevel parcel the northerly line of said Clevel Central Enterprises Corp. parcel, an arc distance of 5.99 feet to a point, said point being on the easterly line of said East 49th Street the southwesterly corner of said City of Clevel parcel the

14 14 The City Record July 23, 2014 northwesterly corner of said Clevel Central Enterprises Corp. parcel, said point being feet right of Station on the centerline of said East 49th Street, said arc having a radius of feet, a central angle of 0 17'14" a chord of 5.99 feet which bears North 65 32'03" West; 08. Thence North 09 01'05" West, along the easterly line of said East 49th Street the westerly line of the said City of Clevel parcel, a distance of feet to the TRUE POINT OF BEGINNING containing, more or less acres (612 sq. ft.), subject to all legal easements, restrictions, reservations, conditions rights-of-way of previous record. Basis of Bearing for this legal description is North 09 01'05" West as the centerline of East 49th Street as evidenced by monuments found is the same as calculated reproduced based on using Ohio State Plane Coordinate System, North Zone (NAD ) Datum by ties to the O.D.O.T. CORS Network using GRAF are for the purpose of indicating variations; The stations referred to herein are from the centerline of right-of-way of East 49th Street (C.R. 378) Bridge No in the City of Clevel, as shown on the Centerline Schematic Plan of the Right-of-Way Plans for East 49th Street (C.R. 378) Bridge No This description was prepared under the supervision of reviewed by Adam D. Treat P.S. #8058 from a survey made under the supervision of Adam D. Treat P.S. #8058 for Michael Benza & Associates in conjunction with the Cuyahoga County Plan East 49th Street (C.R. 378) Bridge No Section 2. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that a temporary easement interest in the following described property is not needed for the City s public use: PARCEL #2-T EAST 49TH STREET (C.R. 378) BRIDGE NO TEMPORARY EASEMENT FOR BRIDGE REHABILITATION Situated in the City of Clevel, County of Cuyahoga, State of Ohio, being part of the Original 100 Acre Lot No. 320 being acres TEMPORARY EASEMENT #2-T for Bridge No located within a record parcel of l as conveyed to City of Clevel by deed dated February 1, 2005, as recorded in AFN of Cuyahoga County Records more particularly bounded described as follows: Beginning at a 1" iron pin in a monument box found at an angle point on the centerline of East 49th Street, said point being at Station on the centerline of right-of-way of East 49th Street as shown on the Centerline Schematic Plan (Sheet 2 of 5) of the Right-of Way Plans for East 49th Street (C.R. 378), County Project #M as recorded in Volume 375, Page 82 of Cuyahoga County Map Records; Thence South 09 01'05" East, along the centerline of said East 49th Street a distance of feet to a point, said point being at Station on the centerline of said East 49th Street; Thence North 80 58'55" East, a distance of feet to a point on the easterly line of East 49th Street the southwesterly corner of a parcel of l conveyed to Ted & Tom, LLC by the recorded deed in AFN of Cuyahoga County Records the northwesterly corner of said City of Clevel parcel, said point being feet right of Station on the centerline of said East 49th Street Thence along the arc of a curve, deflecting to the left, along the southerly line of said Ted & Tom, LLC parcel the northerly line of said City of Clevel parcel, an arc distance of 6.26 feet to a point, said point being feet right of Station on the centerline of said East 49th Street, said arc having a radius of feet, a central angle of 0 19'38" a chord of 6.26 feet which bears South 62 00'10" East the TRUE POINT OF BEGINNING of the herein described tract of l; 01. Thence continuing along the arc of a curve, deflecting to the left, along the southerly line of said Ted & Tom, LLC parcel the northerly line of said City of Clevel parcel, an arc distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street, said arc having a radius of feet, a central angle of 3 35'13" a chord of feet which bears South 63 57'35" East; 02. Thence South 09 01'05" East, a distance of feet to a point on the southerly line of said City of Clevel parcel the northerly line of a parcel of l conveyed to Clevel Central Enterprises Corp. by the recorded deed in Volume , Page 54 of Cuyahoga County Records, said point being feet right of Station on the centerline of said East 49th Street; 03. Thence along the arc of a curve, deflecting to the right, along the southerly line of said City of Clevel parcel the northerly line of said Clevel Central Enterprises Corp. parcel, an arc distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street, said arc having a radius of feet, a central angle of 3 09'52" a chord of feet which bears North 67 15'35" West; 04. Thence North 09 01'05" West, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 05. Thence North 80 58'55" East, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 06. Thence North 24 47'57" East, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 07. Thence North 66 08'57" West, a distance of feet to a point, said point being feet right of Station on the centerline of said East 49th Street; 08. Thence North 09 01'05" West, a distance of feet to the TRUE POINT OF BEGINNING containing, more or less acres (6209 sq. ft.), subject to all legal easements, restrictions, reservations, conditions rights-of-way of previous record. Basis of Bearing for this legal description is North 09 01'05" West as the centerline of East 49th Street as evidenced by monuments found is 1022 the same as calculated reproduced based on using Ohio State Plane Coordinate System, North Zone (NAD ) Datum by ties to the O.D.O.T. CORS Network using GRAF are for the purpose of indicating variations; The stations referred to herein are from the centerline of right-of-way of East 49th Street (C.R. 378) Bridge No in the City of Clevel, as shown on the Centerline Schematic Plan of the Right-of-Way Plans for East 49th Street (C.R. 378) Bridge No This description was prepared under the supervision of reviewed by Adam D. Treat P.S. #8058 from a survey made under the supervision of Adam D. Treat P.S. #8058 for Michael Benza & Associates in conjunction with the Cuyahoga County Plan East 49th Street (C.R. 378) Bridge No Section 3. That by at the direction of the Board of Control, the Commissioner of Purchases Supplies is authorized to convey the abovedescribed non-exclusive easement interest the non-exclusive temporary easement to the County subject to any conditions stated in this ordinance at a price of $1,364 other valuable considerations, which is determined to be fair market value. Section 4. That the easement temporary easement shall be nonexclusive the purpose of the easements shall be for the rehabilitation of East 49th Street Bridge at Morgana Run Trail Project. Section 5. That the duration of the easement shall be perpetual; that the duration of the temporary easement shall be until the rehabilitation of East 49th Street Bridge at Morgana Run Trail Project is completed; that the easement temporary easement may include reasonable right of entry rights to the City; that the easement temporary easement shall not be assignable without the consent of the Director of Public Works; that the easement temporary easement shall require that the County provide reasonable insurance, pay any applicable taxes assessments. Section 6. That the conveyances referred to above shall be made by official deed of easement official deed of temporary easement prepared by the Director of Law executed by the Director of Public Works on behalf of the City of Clevel. The deed of easement the deed of temporary easement shall contain any additional terms conditions as are required to protect the interest of the City. The Directors of Public Works Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect the rehabilitation of East 49th Street Bridge at Morgana Run Trail Project within the property described in this ordinance. Section 7. That this ordinance is Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Planning Development Sustainability, Finance.

15 July 23, 2014 The City Record 15 Ord. No By Council Member Kelley (by departmental request). the Director of Finance to enter into one or more contracts with Employee Benefits International for professional services necessary to continue to evaluate the internal operational procedures administrative processes for the City of Clevel Self-Insured Employee Healthcare Benefits Plan, including the evaluation of the policies procedures involving the City of Clevel Prisoner Healthcare administration. Section 1. That the Director of Finance is authorized to enter into one or more contracts with Employee Benefits for professional services necessary to continue to evaluate the internal operational procedures administrative processes for the City of Clevel Self-Insured Employee Healthcare Benefits Plan, including the evaluation of the policies procedures involving the City of Clevel Prisoner Healthcare administration, in an amount not to exceed $75,000.00, for the Department of Finance. The contract or contracts shall be paid from Fund No. 70 SF 201, Request No. RQS 0402, RL Section 2. That this ordinance is Referred to Directors of Finance, Law; Committee on Finance. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Community Development to enter into one or more Leases By Way of Concession with the Detroit Shoreway Community Development Organization, the Clevel Public Theatre, the Near West Theater, Inc., or their designees, for maintaining operating surface parking lots at various locations within the Gordon Square Parking Master Plan, for a period of twenty years. Whereas, on June 9, 2008 this Council passed Ordinance No authorizing the acquisition of property the making of public infrastructure parking lot improvements to implement the Gordon Square Arts District Parking Plan; Section 1. That notwithsting any provision of the Codified Ordinances of Clevel, Ohio, 1976, to the contrary, the Director of Community Development is authorized to enter into one or more Leases By Way of Concession with the Detroit Shoreway Community Development Organization, or its designee, for maintaining operating surface parking lots at the following locations: Property located on the eastern side of West 65th Street, known as Permanent Parcel Nos , , , , , ; property running between West 67th Street on the west West 65th Street on the east, known as Permanent Parcel Nos , , , , , , , for a period of twenty years, may be cancellable by the Director of Community Development. Section 2. That notwithsting any provision of the Codified Ordinances of Clevel, Ohio, 1976, to the contrary, the Director of Community Development is authorized to enter into one or more Leases By Way of Concession with the Clevel Public Theatre, or its designee, for maintaining operating surface parking lots at the following location: Property located on the southern side of Detroit Avenue, known as Permanent Parcel No , for a period of twenty years, may be cancellable by the Director of Community Development. Section 3. That upon acquisition completion of the parking lot improvements authorized under Ordinance No , passed June 9, 2008 for this parcel notwithsting any provision of the Codified Ordinances of Clevel, Ohio, 1976, to the contrary, the Director of Community Development is authorized to enter into one or more Leases By Way of Concession with the Near West Theatre, Inc., or its designee, for maintaining operating surface parking lots at the following location: Property located on the western side of West 67th Street, known as Permanent Parcel No , for a period of twenty years, may be cancellable by the Director of Community Development. Section 4. That the concession agreements authorized in this ordinance shall be prepared by the Director of Law. Section 5. That this ordinance is Referred to Directors of Community Development, City Planning Commission, Finance, Law; Committees on Development Planning Sustainability, Finance. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to lease certain property known as the Oxbow Building located at 1283 Riverbed Street to Downtown Clevel Alliance for the purpose of providing community space for residents stakeholders, docks for Flotsam Jetsam, a secondary office space for Flats Forward Inc., for a term of five years, with two five year options to renew, exercisable by the Director of Public Works Whereas, the City of Clevel owns certain property known as the Oxbow Building located at 1283 Riverbed Street, which is not needed for the City s public use; Whereas, Downtown Clevel Alliance has proposed to lease the property from the City; Section 1. That notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, the Director of Public Works is authorized to lease to Downtown Clevel Alliance ( Lessee ), certain property known as the Oxbow Building located at 1283 Riverbed Street, which is not needed for the City s public use is more fully described as follows: Legal Description for Oxbow property PPN Situated in the city of Clevel, county of Cuyahoga, state of Ohio known as being a part of the original Brooklyn township lot no. 70, but now in the city of Clevel known as being all of river lots nos. 7, 8 9 two feet off of the northerly side of river lot no. 10, described as follows, to wit: Commencing at a point in the easterly line of West River Street two feet southerly from the northerly line of river lot no. 10, thence northerly along the easterly line on West River Street feet to the northerly line on river lot no. 7, thence easterly at right angles with West River Street along the northerly line of said river lot no. 7 to the Cuyahoga River, thence southerly up said Cuyahoga River about feet to a line parallel with the northerly line of river lot no. 10 two feet distant southerly therefrom, thence westerly along said parallel line to the easterly line of West River Street at the place of beginning, together with all riparian rights of the grantors in to the Cuyahoga River the rights interest of the grantors in West River Street, now known as Riverbed Street, from which 30 feet was vacated between Center Street to Sycamore Street in Section 2. That the term of the lease authorized by this ordinance shall be for five years, with two five year options to renew, exercisable by the Director of Public Works. Section 3. That the property authorized by this ordinance shall be leased at a rental of $1.00 per year other valuable consideration including capital improvements ongoing maintenance of the building, which is determined to be fair market value, exclusive of utilities taxes. Section 4. That the lease may authorize the Lessee to make improvements to the leased premises subject to the approval of appropriate City agencies officials. Section 5. That the lease shall be prepared by the Director of Law. Section 6. That the Director of Public Works, the Director of Law, other appropriate City officials are authorized to execute any other documents certificates, take any other actions which may be necessary or appropriate to effect the lease authorized by this ordinance.

16 16 The City Record July 23, 2014 Section 7. That this ordinance is Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Planning Development Sustainability, Finance. Ord. No By Council Members Keane Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of constructing all necessary infrastructure needed for the BKL Terminal Enhancement Program; authorizing the Director of Port Control to enter into one or more public improvement contracts for the making of the improvement; authorizing the Director to employ one or more professional consultants to design the improvement to conduct a facilities assessment. Section 1. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement of constructing all necessary infrastructure needed for the BKL Terminal Enhancement Program (the Improvement ), for the Department of Port Control, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding for a gross price for the Improvement. Section 2. That the Director of Port Control is authorized to enter into one or more contracts for the making of the public improvement with the lowest responsible bidder or bidders after competitive bidding for a gross price for the Improvement, provided, however, that each separate trade each distinct component part of the Improvement may be treated as a separate Improvement, each, or any combination, of the trades or components may be the subject of a separate contract for a gross price. On request of the director, the contractor shall furnish a correct schedule of unit prices, including profit overhead, for all items constituting units of the improvement. Section 3. That the Director of Port Control is authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance. Section 4. That the Director of Port Control is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Clevel in order to provide professional services necessary to design the Improvement, to conduct a facilities assessment. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as may be determined after a full complete canvass by the Director of Port Control for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Port Control, certified by the Director of Finance. Section 5. That the cost of the contracts other expenditures authorized shall be paid from Fund Nos. 60 SF 001, 60 SF 104, 60 SF 106, 60 SF 112, 60 SF 114, 60 SF 115, 60 SF 116, 60 SF 117, 60 SF 119, 60 SF 121, 60 SF 122, 60 SF 126, 60 SF 128, 60 SF 130, 60 SF 141, 60 SF 160, from the fund or funds to which are credited any grant proceeds accepted for this purpose or federal PFCs, if authorized for this purpose, Request No. RQS 3001, RL Section 6. That this ordinance is Referred to Directors of Port Control, City Planning Commission, Finance, Law; Committees on Transportation, Finance. Ord. No By Council Members Pruitt Kelley (by departmental request). the purchase by one or more requirement contracts of disposal of debris at lfills, for the Divisions of Water, Clevel Public Power, Water Pollution Control, Department of Public Utilities, for a period of two years, with two one-year options to renew, the first of which requires additional legislative authority. Section 1. That the Director of Public Utilities is authorized to make one or more written requirement contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, for the requirements for a period of two years, with two one-year options to renew, of the necessary items of disposal of debris at lfills, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases Supplies on a unit basis for the Divisions of Water, Clevel Public Power, Water Pollution Control, Department of Public Utilities. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases Supplies until provision is made for the requirements for the entire term. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative 1024 authority is granted the first of the one-year options to renew is exercised, then the second of the one-year options to renew may be exercisable at the option of the Director of Public Utilities, without the necessity of obtaining additional authority of this Council. Section 2. That the costs of the contract or contracts shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of any purchase under the contract, each of which purchases shall be made on order of the Commissioner of Purchases Supplies by a delivery order issued against the contract or contracts certified by the Director of Finance. (RQN 2002, RL ) Section 3. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 4. That this ordinance is Referred to Directors of Public Utilities, Finance, Law; Committees on Utilities, Finance. Ord. No By Council Members Pruitt Kelley (by departmental request). the purchase by one or more requirement contracts of various types of valves, actuators, appurtenances, labor materials necessary to service, repair, replace, exercise, test, maintain various types of valves, actuators, appurtenances, for the Division of Water, Department of Public Utilities, for a period of two years, with two one-year options to renew, the first of which is exercisable through additional legislative authority. Section 1. That the Director of Public Utilities is authorized to make one or more written requirement contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, for the requirements for a period up to two years, with two one-year options to renew, of the necessary items of various types of valves, actuators, appurtenances, labor materials necessary to service, repair, replace, exercise, test, maintain various types of valves, actuators, appurtenances, in the approximate amount as purchased during the preceding term, to be purchased by the Commissioner of Purchases Supplies on a unit basis for the Division of Water, Department of Public Utilities. The first of the one-year options to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted the

17 July 23, 2014 The City Record 17 first of the one-year options to renew is exercised, then the second of the one-year options to renew may be exercisable at the option of the Director of Public Utilities, without the necessity of obtaining additional authority of this Council. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases Supplies until provision is made for the requirements for the entire term. Section 2. That the costs of the contract or contracts shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of the initial purchase, which purchase, together with all later purchases, shall be made on order of the Commissioner of Purchases Supplies under a requisition against the contract or contracts certified by the Director of Finance. RQN 2002, RL Section 3. That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Utilities may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 4. That this ordinance is Referred to Directors of Public Utilities, Finance, Law; Committees on Utilities, Finance. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). the Director of Public Works to execute one or more deeds of easement granting to the Clevel Electric Illuminating Company its affiliated company, American Transmission Systems, Incorporated, The Greater Clevel Regional Transit Authority certain easement rights in a portion of Ambler Park, declaring that the easement rights granted are not needed for the City s public use. Whereas, Clevel Electric Illuminating Company its affiliated company, American Transmission Systems, Incorporated, The Greater Clevel Regional Transit Authority has requested the Director of Public Works to convey certain easement rights in a portion of Ambler Park; Whereas, The Greater Clevel Regional Transit Authority requires the easements to install security fencing for its Fairhill Substation located at 2880 Stokes Boulevard, The Clevel Electric Illuminating Company its affiliated company, American Transmission Systems, Incorporated, is seeking to secure easement rights for future access to the substation; Whereas, the easement rights to be granted are not needed for the City s public use; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio, 1976, it is found determined that easement interests in the following described property are not needed for the City s public use: Description of Easement on the City of Clevel property, P.P.No in Clevel, OH Situated in the City of Clevel, County of Cuyahoga, State of Ohio, being part of the Original 100 Acre Lot No. 411 being more particularly bounded described as follows: Beginning at the intersection of the easterly line of Stokes Boulevard (80' Wide) the southerly line of Cedar Avenue (78' Wide); Thence South 42 31'52" East, along the easterly line of said Stokes Boulevard, a distance of feet to point on the southerly line of a parcel of l conveyed to The City of Clevel by Deed Volume 7251, Page 618 of Cuyahoga County Records; Thence North 56 29'58" East, along the southerly line of said City of Clevel parcel, a distance of feet to the TRUE POINT OF BEGIN- NING of the herein described tract of l; 01. Thence North 56 29' 58" East, a distance of feet to a point; 02. Thence North 47 20' 21" East, a distance of feet to a point; 03. Thence South 42 39' 27" East, a distance of feet to a point; 04. Thence South 23 51' 36" East, a distance of feet to a point; 05. Thence South 30 50' 40" West, a distance of feet to a point; 06. Thence South 37 29' 39" West, a distance of feet to point; 07. Thence South 64 03' 54" West, a distance of feet to a point; 08. Thence North 86 19'43" West, a distance of feet to a point; 09. Thence North 66 05'43" West, a distance of feet to the True Point of Beginning containing, more or less acres subject to all legal easements, restrictions, reservations, conditions rights-of-way of previous record. Legal Description prepared by Michael Benza & Associates under Project No Section 2. That the Commissioner of Purchases Supplies is authorized to convey the above-described easement interests to Clevel Electric Illuminating Company its affiliated company, American Transmission Systems, Incorporated, The Greater Clevel Regional Transit Authority subject to any conditions stated in this ordinance, at a price determined to be fair market value by the Board of Control, after appraisal of the property. Section 3. That the easements shall be non-exclusive the purpose of the easements shall be to install security fencing for the RTA Fairhill Substation located at 2880 Stokes Boulevard for future access to the substation Section 4. That the duration of the easements shall be perpetual; that the easements shall not be assignable without the consent of the Director of Public Works; that the easements shall require that Clevel Electric Illuminating Company its affiliated company, American Transmission Systems, Incorporated, The Greater Clevel Regional Transit Authority provide reasonable insurance, maintain any Clevel Electric Illuminating Company its affiliated company, American Transmission Systems, Incorporated, The Greater Clevel Regional Transit Authority improvements located within the easements; pay any applicable taxes assessments; shall contain such other terms conditions that the Director of Law determines to be necessary to protect benefit the City. Section 5. That the conveyances referenced above shall be made by official deeds of easement prepared by the Director of Law executed by the Director of Public Works on behalf of the City of Clevel. The Directors of Public Works Law are authorized to execute any other documents, including without limitation, contracts for rights of entry, as may be necessary to effect this ordinance. Section 6. That this ordinance is Referred to Directors of Public Works, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). the Director of Public Safety to execute a deed of easement granting to the Clevel Electric Illuminating Company certain easement rights in property at 1935 East 101st Street located under the service drive of Fire Station No. 10, declaring that the easement rights granted are not needed for the City s public use. Whereas, the Clevel Electric Illuminating Company ( CEI ) has requested the Director of Public Safety to convey certain easement rights in property at 1935 East 101st Street located under the service drive of Fire Station No. 10; Whereas, CEI requires the easement to install an underground conduit as part of their larger-scale project designed to hle future load growth for the Clevel Clinic; Whereas, the easement rights to be granted are not needed for the City s public use; Section 1. That, notwithsting as an exception to the provisions of Chapters of the Codified Ordinances of Clevel, Ohio,

18 18 The City Record July 23, , it is found determined that an easement interest in the following described property is not needed for the City s public use: Description of Underground Utility Easement E-17 For the Illuminating Company on the City of Clevel property P.P.No in Clevel, OH Situated in the City of Clevel, County of Cuyahoga, State of Ohio, being part of the Original 100 Acre Lot No. 401 being more particularly bounded described as follows: Beginning at the intersection of easterly line of East 101st Street (60' Wide) the southerly line of Chester Avenue (86' Wide); Thence South 00 35'13" West, along the easterly line of East 101st. Street, a distance of feet to the TRUE POINT OF BEGINNING of the herein described tract of l; 01. Thence South 84 41' 23" East, a distance of feet to a point; 02. Thence North 89 54' 02" East, a distance of feet to a point; 03. Thence North 47 18' 30" East, a distance of feet to a point; 04. Thence South 89 54' 02" East, a distance of feet to a point; 05. Thence South 77 19' 57" East, a distance of feet to a point on an easterly line of a parcel of l conveyed to The City of Clevel by Deed Volume , Page 37 of Cuyahoga County Record s on the northerly line of a parcel of l conveyed to The Ronald McDonald House of Clevel, Inc. by AFN ; 06. Thence South 88 54' 33" West, along the northerly line of said Ronald McDonald House parcel, a distance of feet to a point 07. Thence South 27 52'18" West, a distance of feet along the westerly line of said Ronald McDonald House parcel to a point; 08. Thence South 80 48' 55" West, a distance of feet to a point; 09. Thence South 89 54' 02" West, a distance of feet to a point; 10. Thence North 00 05' 58" West, a distance of 2.50 feet to a point; 11. Thence South 89 54' 02" West, a distance of feet to a point; 12. Thence along the arc of a curve, deflecting to the left, an arc distance of feet to a point, said arc having a radius of feet, a central angle of 34 23'37" a chord of feet which bears South 72 42'14" West, said point being on the southerly line of said City of Clevel parcel; 13. Thence South 88 54' 33" West, along the southerly line of said City of Clevel parcel, a distance of 6.60 feet to a point on the easterly line of said East 101st Street; 14. Thence North 00 33'27" East, along the easterly line of said East 101st Street, a distance of feet to the True Point of Beginning containing, more or less acres, subject to all legal easements, restrictions, reservations, conditions rights-of-way of previous record. Legal Description prepared by Michael Benza & Associates under Project No Section 2. That the Commissioner of Purchases Supplies is authorized to convey the above-described easement interest to CEI subject to any conditions stated in this ordinance, at a price determined to be fair market value by the Board of Control. Section 3. That the easement shall be non-exclusive the purpose of the easement shall be to implement CEI s larger-scale project designed to hle future load growth for the Clevel Clinic. Section 4. That the duration of the easement shall be perpetual; that the easement shall not be assignable without the consent of the Director of Public Safety; that the easement shall require that CEI provide reasonable insurance, maintain any CEI improvements located within the easement; pay any applicable taxes assessments; shall contain such other terms conditions that the Director of Law determines to be necessary to protect benefit the City. Section 5. That the conveyance referenced above shall be made by official deed of easement prepared by the Director of Law executed by the Director of Public Safety on behalf of the City of Clevel. The Directors of Public Safety Law are authorized to execute any other documents, including without limitation, contracts for right of entry, as may be necessary to effect this ordinance. Section 6. That this ordinance is Referred to Directors of Public Safety, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability, Finance. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance to amend the title Sections 1 2 of Ordinance No , passed January 13, 2014, relating to one or more contracts with Debt Next, LLC to assist various departments with improving its accounts receivables management. Section 1. That the title Sections 1 2 of Ordinance No , passed January 13, 2014, are amended to read as follows: An Emergency Ordinance authorizing the Director of Finance to enter into one or more contracts with Debt Next, LLC, for professional services necessary to assist various departments divisions of the City with improving its accounts receivables management, authorizing a software license agreement with Debt Next, LLC to use their proprietary software, for a period up to two years, with two one-year options to renew, exercisable by the Director of Finance. Section 1. That the Director of Finance is authorized to enter into one or more contracts with Debt Next, LLC, for professional in-house accounts receivables management, collection consulting services necessary to collect amounts claims owed to the various departments divisions of the City government to authorize a software license agreement with Debt Next, 1026 LLC to use their proprietary software. Section 2. That the compensation to be paid for the services for the software license shall be a contingent fee, the percentage or rate of which shall be fixed by the Board of Control. The contract or contracts authorized shall require that all amounts collected be remitted to the City for deposit in the City Treasury. Section 2. That the existing title Sections 1 2 of Ordinance No , passed January 13, 2014, are repealed. Section 3. That this ordinance is Referred to Directors of Finance, Law; Committee on Finance. Ord. No By Council Members K. Johnson Kelley (by departmental request). An emergency ordinance to supplement the Codified Ordinances of Clevel, Ohio, 1976, by enacting new Section relating to authorizing stard requirement contracts for labor materials for capital maintenance repair of City facilities. Section 1. That the Codified Ordinances of Clevel, Ohio, 1976, are supplemented by enacting new Section to read as follows: Section Labor Materials for Capital Maintenance Repair of City Facilities (a) The Director of Public Works is authorized to enter into one or more stard purchase or requirement contracts duly let to the lowest best bidder after competitive bidding for materials, equipment, services, supplies necessary for capital maintenance repair of City facilities, labor installation, if necessary. Any purchase made under this section shall be made by the Commissioner of Purchases Supplies paid from the annual appropriations made for this purchase. (b) That under Section 108(b) of the Charter, the purchases authorized by this ordinance may be made through cooperative arrangements with other governmental agencies. The Director of Public Works may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 2. That this ordinance is Referred to Directors of Public Works, Finance, Law; Committees on Municipal Services Properties, Finance.

19 July 23, 2014 The City Record 19 Ord. No By Council Member Zone. An emergency ordinance to amend Section of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed December 3, 2012, to increase towing fees for impounded vehicles. Section 1. That Section of the Codified Ordinances of Clevel, Ohio 1976, as amended by Ordinance No , passed December 3, 2012, is amended as follows: Section Impounding Towing Fees (a) In addition to the storage fee provided for in Section , the following fees shall be assessed against the owner or other person claiming an impounded vehicle: (1) An impound fee of thirty dollars ($30.00), except that the impound fee shall be reduced to ten dollars ($10.00) for a person reclaiming a recovered stolen vehicle. (2) A towing fee of one hundred twenty-five dollars ($125.00), except that the towing fee shall be reduced to fifty dollars ($50.00) for a person reclaiming a recovered stolen vehicle, shall be increased to one hundred seventy-five dollars ($175.00) for a person reclaiming a vehicle impounded incident to an arrest. The towing charge shall be increased by thirty-five dollars ($35.00) if a dolly or flatbed is used or if a tire or tires are changed. (b) No towing or impounding fees shall be charged when the vehicle is the property of the victim of a crime such vehicle is being held by the Division of Police for processing. Section 2. That existing Section of the Codified Ordinances of Clevel, Ohio 1976, as amended by Ordinance No , passed December 3, 2012, is repealed. Section 3. That this ordinance is Referred to Directors of Public Safety, Finance, Law; Committees on Safety, Finance. Ord. No By Mayor Jackson Council Members Zone Kelley (by departmental request). An emergency ordinance to repeal various sections of the Codified Ordinances of Clevel, Ohio, 1976, as enacted amended by various ordinances; to supplement the codified ordinances by enacting new Sections to relating to weapons; to supplement the Codified Ordinances by enacting new Sections to relating to gun offender registry. Section 1. That the following Sections of the Codified Ordinances of Clevel, Ohio, 1976, are repealed: Section , as amended by Ordinance No , passed May 6, 2002, Section , as amended by Ordinance No , passed June 7, 1999, Sections , as amended by Ordinance No , passed June 9, 1975, Section , as amended by Ordinance No , passed March 25, 1974, Section , as amended by Ordinance No , passed March 18, 1996, Section , as amended by Ordinance No , passed June 9, 1975, Section , as enacted by Ordinance No , passed May 11, 1992, Section , as enacted by Ordinance No , passed May 11, 1992, Section , as amended by Ordinance No , passed June 9, 1975, Section , as amended by Ordinance No , passed August 15, 2001 Section , as amended by Ordinance No , passed June 9, 1975, Section , as amended by Ordinance No , passed June 16, 1975, Sections , , , , , , as amended by Ordinance No , passed June 14, 1976 Sections , as amended by Ordinance No , passed June 14, 1976 Section , as amended by Ordinance No , passed May 15, 1976, Section , as amended by Ordinance No , passed March 18, 1996, Section 627A.01, as enacted by Ordinance No , passed November 11, 1991, Sections 627A A.03, as enacted by Ordinance No , passed May 11, 1992, Section , as amended by Ordinance No , passed March 20, 2006, Section , as enacted by Ordinance No , passed November 18, 1991, Section , as amended by Ordinance No , passed July 12, 2006, Sections , as enacted by Ordinance No , passed November 18, 1991, Section , as amended by Ordinance No , passed March 18, Section 2. That the Codified Ordinances are supplemented by enacting new Sections to to read as follows: CHAPTER 627 WEAPONS Section Definitions As used in this Chapter: (a) Automatic firearm means any firearm designed or specially adapted to fire a succession of cartridges with a single function of the trigger. Automatic firearm also means any semiautomatic firearm designed or specially adapted to fire more than thirty-one cartridges without reloading, other than a firearm chambering only.22 caliber short, long, or long-rifle cartridges. (b) Ballistic knife means a knife with a detachable blade that is propelled by a spring-operated mechanism. (c) Concealed hgun license or license to carry a concealed hgun means: (1) Subject to this section, a license or temporary emergency license to carry a concealed hgun issued under Section or of the Revised Code or a license to carry 1027 a concealed hgun issued by another state with which the attorney general has entered into a reciprocity agreement under Section of the Revised Code. (2) A reference in any provision of this Code to a concealed hgun license issued under Section of the Revised Code or a license to carry a concealed hgun issued under Section of the Revised Code means only a license of the type that is specified in that section. A reference in any provision of this Code to a concealed hgun license issued under Section of the Revised Code, a license to carry a concealed hgun issued under Section of the Revised Code, or a license to carry a concealed hgun on a temporary emergency basis means only a license of the type that is specified in Section of the Revised Code. A reference in any provision of this Code to a concealed hgun license issued by another state or a license to carry a concealed hgun issued by another state means only a license issued by another state with which the attorney general has entered into a reciprocity agreement under Section of the Revised Code. (d) Dangerous ordnance : (1) means any of the following, except as otherwise provided in this section: A. Any automatic or sawed-off firearm, zip-gun, or ballistic knife; B. Any explosive device or incendiary device: C. Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid, other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol, other high explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite, sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder, other blasting agents; any other explosive substance having sufficient brisance or power to be particularly suitable for use as a military explosive, or for use in mining, quarrying, excavating, or demolitions; D. Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb, torpedo, or similar weapon, designed manufactured for military purposes, the ammunition for that weapon; E. Any firearm muffler or silencer; F. Any combination of parts that is intended by the owner for use in converting any firearm or other device into a dangerous ordinance. (2) does not include any of the following: A. Any firearm, including a military weapon the ammunition for that weapon, regardless of its actual age, that employs a percussion cap or other obsolete ignition system, or that is designed safe for use only with black powder; B. Any pistol, rifle, or shotgun, designed or suitable for sporting purposes, including a military weapon as issued or as modified, the ammunition for that weapon, unless the firearm is an automatic or sawed-off firearm; C. Any cannon or other artillery piece that, regardless of its actual age, is of a type in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic, or other system for absorbing recoil returning the tube into battery without displacing

20 20 The City Record July 23, 2014 the carriage, is designed safe for use only with black powder; D. Black powder, priming quills, percussion caps possessed lawfully used to fire a cannon on a type defined in this division during displays, celebrations, organized matches or shoots, target practice, smokeless black powder, primers, percussion caps possessed lawfully used as a propellant or ignition device in small-arms or small-arms ammunition; E. Dangerous ordnance that is inoperable or inert cannot readily be rendered operable or activated, that is kept as a trophy, souvenir, curio, or museum piece. F. Any device that is expressly excepted from the definition of a destructive device pursuant to the Gun Control Act of 1968, 82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, regulations issued under that act. (e) Deadly weapon means any instrument, device or thing capable of inflicting death, designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon. (f) Explosive means any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion. Explosive includes all materials that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4 explosives by the United States department of transportation in its regulations includes, but is not limited to, dynamite, black powder, pellet powders, initiating explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs, cordeau detonant fuses, instantaneous fuses, igniter cords igniters. Explosive does not include fireworks, as defined in Section of the Revised Code, or any substance or material otherwise meeting the definition of explosive set forth in this section that is manufactured, sold, possessed, transported, stored, or used in any activity described in Section of the Revised Code, provided the activity is conducted in accordance with all applicable laws, rules, regulations, including, but not limited, the provisions of Section of the Revised Code the rules of the fire marshal adopted pursuant to Section of the Revised Code. (g) Explosive device means any device designed or specially adapted to cause physical harm to persons or property by means of an explosion, consisting of an explosive substance or agency a means to detonate it. Explosive device includes without limitation any bomb, any explosive demolition device, any blasting cap or detonator containing an explosive charge, any pressure vessel that has been knowingly tampered with or arranged so as to explode. (h) (1) Firearm means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. Firearm includes an unloaded firearm, any firearm that is inoperable but that can readily be rendered operable. (2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations actions of the individual exercising control over the firearm. (i) Hgun means any of the following: (1) Any firearm that has a short stock is designed to be held fired by the use of a single h; (2) Any combination of parts from which a firearm of a type described in this division can be assembled. (j) Incendiary device means any firebomb, any device designed or specially adapted to cause physical harm to persons or property by means of fire, consisting of an incendiary substance or agency a means to ignite it. (k) Sawed-off-firearm means a shotgun with a barrel less than eighteen inches long, or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-six inches long overall. (l) Semi-automatic firearm means any firearm designed or specially adapted to fire a single cartridge automatically chamber a succeeding cartridge ready to fire, with a single function of the trigger. (m) Valid concealed hgun license or valid license to carry a concealed hgun means a concealed hgun license that is currently valid, that is not under a suspension under division (A)(1) of Section of the Revised Code, under Section of the Revised Code, or under a suspension provision of the state, other than this state in which the license was issued, that has not been revoked under division (B)(1) of Section of the Revised Code, under Section of the Revised Code, or under a revocation provision of the state other than this state in which the license was issued. (n) Zip-gun means any of the following: (1) Any firearm of crude extemporized manufacture; (2) Any device, including without limitation a starter s pistol, that is not designed as a firearm, but that is specially adapted for use as a firearm; (3) Any industrial tool, signaling device, or safety device, that is not designed as a firearm, but that as designed is capable of use as such, when possessed, carried, or used as a firearm. (RC Section ) Section Carrying Concealed Weapons (a) No person shall knowingly carry or have, concealed on the person s person or concealed ready at h, any of the following: (1) A deadly weapon other than a hgun; (2) A hgun other than a dangerous ordnance; (3) A dangerous ordnance. (b) No person who has been issued a concealed hgun license shall do any of the following: (1) If the person is stopped for a law enforcement purpose is carrying a concealed hgun, fail to promptly inform any law enforcement officer who approaches the person after the person has been stopped that the person has been issued a concealed hgun license that the person then is carrying a concealed hgun; (2) If the person is stopped for a law enforcement purpose is carrying a concealed hgun, knowingly fail to keep the person s hs in 1028 plain sight at any time after any law enforcement officer begins approaching the person while stopped before the law enforcement officer leaves, unless the failure is pursuant to in accordance with directions given by a law enforcement officer; (3) If the person is stopped for a law enforcement purpose is carrying a concealed hgun, knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the person is stopped, including, but not limited to, a specific order to the person to keep the person s hs in plain sight. (c) (1) This section does not apply to any of the following: A. An officer, agent, or employee of this or any other state or the United States, or to a law enforcement officer, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry hguns is acting within the scope of the officer s agent s, or employee s duties; B. Any person who is employed in this state, who is authorized to carry concealed weapons or dangerous ordnance or is authorized to carry hguns, who is subject to in compliance with the requirements of Section of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in this section does not apply to the person; C. A person s transportation or storage of a firearm, other than a firearm described in divisions (b), (d), (f), (g), (j) (n) of Section of this Code, in a motor vehicle for any lawful purpose if the firearm is not on the actor s person; D. A person s storage or possession of a firearm, other than a firearm described in divisions (b), (d), (f), (g), (j) (n) of Section of this Code, in the actor s own home for any lawful purpose. (2) Division (a)(2) of this section does not apply to any person who, at the time of the alleged carrying or possession of a hgun, is carrying a valid concealed hgun license, unless the person knowingly is in a place described in division (B) of Section of the Revised Code. (d) It is an affirmative defense to a charge under this section of carrying or having control of a weapon other than a hgun other than a dangerous ordnance that the actor was not otherwise prohibited by law from having the weapon that any of the following applies: (1) The weapon was carried or kept ready at h by the actor for defensive purposes while the actor was engaged in or was going to or from the actor s lawful business or occupation, which business or occupation was of a character or was necessarily carried on in a manner or at a time or place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent person in going armed. (2) The weapon was carried or kept ready at h by the actor for defensive purposes while the actor was engaged in a lawful activity had reasonable cause to fear a criminal attack upon the actor, a member of the actor s family, or the actor s home, such as would justify a prudent person in going armed. (3) The weapon was carried or kept ready at h by the actor for any lawful purpose while in the actor s own home.

21 July 23, 2014 The City Record 21 (e) No person who is charged with a violation of this section shall be required to obtain a concealed hgun license as a condition for the dismissal of the charge. (f) (1) Whoever violates this section is guilty of carrying concealed weapons. Except as otherwise provided in this division, carrying concealed weapons in violation of division (a)(1) (a)(2) of this section is a misdemeanor of the first degree. This section shall not apply in any case in which the conduct constitutes a felony under the laws of the State of Ohio. (2) If a person being arrested for a violation of division (a)(2) of this section promptly produces a valid concealed hgun license, if at the time of the violation the person was not knowingly in a place described in division (B) of Section of the Revised Code, the officer shall not arrest the person for a violation of that division. If the person is not able to promptly produce any concealed hgun license if the person is not in a place described in that section, the officer may arrest the person for a violation of that division, the offender shall be punished as follows: A. The offender shall be guilty of a minor misdemeanor if both of the following apply: 1. Within ten days after the arrest, the offender presents a concealed hgun license, which license was valid at the time of the arrest to the law enforcement agency that employs the arresting officer. 2. At the time of the arrest, the offender was not knowingly in a place described in division (B) of Section of the Revised Code. B. The offender shall be guilty of a misdemeanor shall be fined five hundred dollars if all of the following apply: 1. The offender previously had been issued a concealed hgun license, that license expired within the two years immediately preceding the arrest. 2. Within forty-five days after the arrest, the offender presents a concealed hgun license to the law enforcement agency that employed the arresting officer, the offender waives in writing the offender s right to a speedy trial on the charge of the violation that is provided in Section of the Revised code. 3. At the time of the commission of the offense, the offender was not knowingly in a place described in Division (B) of Section of the Revised Code. C. If neither division (f)(2)a. nor B. of this section applies, the offender shall be punished under division (f)(1) of this section. (3) Except as otherwise provided in this division, carrying concealed weapons in violation of division (b)(1) of this section is a misdemeanor of the first degree,, in addition to any other penalty or sanction imposed for a violation of division (b)(1) of this section, the offender s concealed hgun license shall be suspended pursuant to division (A)(2) of Section of the Revised Code. If, at the time of the stop of the offender for a law enforcement purpose that was the basis of the violation, any law enforcement officer involved with the stop had actual knowledge that the offender has been issued a concealed hgun license, carrying concealed weapons in violation of division (b)(1) of this section is a minor misdemeanor, the offender s concealed hgun license shall not be suspended pursuant to division (A)(2) of Section of the Revised Code. (4) Carrying concealed weapons in violation of division (b)(2) or (3) of this section is a misdemeanor of the first degree. In addition to any other penalty or sanction imposed for misdemeanor violation of division (b)(2) or (3) of this section, the offender s concealed hgun license shall be suspended pursuant to division (A)(2) of Section of the Revised Code. (g) If a law enforcement officer stops a person to question the person regarding a possible violation of this section, for a traffic stop, or for any other law enforcement purpose, if the person surrenders a firearm to the officer, either voluntarily or pursuant to a request or dem of the officer, if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, the firearm is not contrab, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of Section of the Revised Code applies. (RC Section ) Section Limiting Firearm Purchases to One Person every 90 Days (a) No person shall purchase or otherwise acquire more than one firearm within a 90-day period. (b) This section does not apply to: (1) Any law enforcement or corrections agency, or law enforcement or corrections officer acting within the course scope of the officer s employment or official duties; (2) A United States Marshall or member of the Armed Forces of the United States or the National Guard, or a federal or state official, who is required to possess a firearm in the operation of his or her official duties; (3) Licensed firearm manufacturers, importers or dealers, while engaged in the course scope of their activities as licensees, provided that the transfers are between licensees all such licensees are properly licensed under federal or state law; (4) A private security firm, or private security personnel, who acquire the firearms for use in the course scope of employment; (5) A gunsmith acquiring firearms solely for the purposes of service or repair; (6) A common carrier, warehouseman or other person engaged in the business of transporting or storing goods, to the extent that the possession or receipt of any firearm is in the ordinary course of business, not for the personal use of any such person; (7) A person acquiring firearms by operation of law upon the death of the former owner of the firearms; or (8) A person whose firearm was stolen or irretrievably lost who considers it essential that the firearm be replaced immediately if the loss or theft occurred within 90 days of the 1029 person s attempt to replace the firearm, as reflected by the date of loss or theft on an official police report filed under Section (c) Any person who violates this section is guilty of a misdemeanor of the first degree. Section Using Weapons While Intoxicated (a) No person, while under the influence of alcohol or any drug of abuse, shall carry or use any firearm or dangerous ordnance. (b) Whoever violates this section is guilty of using weapons while intoxicated, a misdemeanor of the first degree. (RC Section ) Section Improperly Hling Firearms in a Motor Vehicle (a) No person shall knowingly transport or have a firearm in a motor vehicle, unless the person may lawfully possess that firearm under applicable law of this state or the United States, the firearm is unloaded, the firearm is carried in one of the following ways: (1) In a closed package, box, or case; (2) In a compartment that can be reached only by leaving the vehicle; (3) In plain sight secured in a rack or holder made for the purpose; (4) If the firearm is at least twentyfour inches in overall length as measured from the muzzle to the part of the stock furthest from the muzzle if the barrel is at least eighteen inches in length, either in plain sight with the action open or the weapon stripped, or if the firearm is of a type on which the action will not stay open or which cannot easily be stripped, in plain sight. (b) No person who has been issued a concealed hgun license, who is the driver or an occupant of a motor vehicle that is stopped as a result of a traffic stop or a stop for another law enforcement purpose or is the driver or an occupant of a commercial motor vehicle that is stopped by an employee of the motor carrier enforcement unit for the purposes defined in Section of the Revised Code, who is transporting or has a loaded hgun in the motor vehicle or commercial motor vehicle in any manner, shall do any of the following: (1) Fail to promptly inform any law enforcement officer who approaches the vehicle while stopped that the person has been issued a concealed hgun license that the person then possesses or has a loaded hgun in the motor vehicle; (2) Fail to promptly inform the employee of the unit who approaches the vehicle while stopped that the person has been issued a concealed hgun license that the person then possesses or has a loaded hgun in the commercial motor vehicle; (3) Knowingly fail to remain in the motor vehicle while stopped or knowingly fail to keep the person s hs in plain sight at any time after any law enforcement officer begins approaching the person while stopped before the law enforcement officer leaves, unless the failure is pursuant to in accordance with directions given by a law enforcement officer; (4) Knowingly disregard or fail to comply with any lawful order of any law enforcement officer given while the motor vehicle is stopped, including, but not limited to, a specific order

22 22 The City Record July 23, 2014 to the person to keep the person s hs in plain sight. (c) (1) Divisions (a) (b) of this section do not apply to any of the following: A. An officer, agent, or employee of this or any other state or the United States, or a law enforcement officer, when authorized to carry or have loaded or accessible firearms in motor vehicles acting within the scope of the officer s, agent s, or employee s duties; B. Any person who is employed in this state, who is authorized to carry or have loaded or accessible firearms in motor vehicles, who is subject to in compliance with the requirements of Section of the Revised Code, unless the appointing authority of the person has expressly specified that the exemption provided in this division does not apply to the person. (2) Division (a) of this section does not apply to a person who transports or possesses a hgun in a motor vehicle if, at the time of that transportation or possession, both of the following apply: A. The person transporting or possessing the hgun is carrying a valid concealed hgun license. B. The person transporting or possessing the hgun is not knowingly in a place described in division (B) of Section of the Revised Code. (3) Division (a) of this section does not apply to a person if all of the following apply: A. The person possesses a valid electric-powered all-purpose vehicle permit issued under Section of the Revised Code by the chief of the division of wildlife. B. The person is on or in an electricpowered all-purpose vehicle as defined in Section of the Revised Code or a motor vehicle during the open hunting season for a wild quadruped or game bird. C. The person is on or in an electricpowered all-purpose vehicle as defined in Section of the Revised Code or a motor vehicle that is parked on a road that is owned or administered by the division of wildlife, provided that the road is identified by an electric-powered allpurpose vehicle sign. (d) (1) The affirmative defenses authorized in divisions (d)(1) (2) of Section are affirmative defenses to a charge under division (a) of this section that involves a firearm other than a hgun. (2) It is an affirmative defense to a charge under division (a) of this section of improperly hling firearms in a motor vehicle that the actor transported or had the firearm in the motor vehicle for any lawful purpose while the motor vehicle was on the actor s own property, provided that this affirmative defense is not available unless the person, immediately prior to arriving at the actor s own property, did not transport or possess the firearm in a motor vehicle in a manner prohibited by division (a) of this section while the motor vehicle was being operated on a street, highway, or other public or private property used by the public for vehicular traffic. (e) No person who is charged with a violation of division (a) of this section shall be required to obtain a concealed hgun license as a condition for the dismissal of the charge. (f) Whoever violates this section is guilty of improperly hling firearms in a motor vehicle. Violation of division (a) of this section is a misdemeanor of the fourth degree. Except as otherwise provided in this division, a violation of division (b)(1) or (2) of this section is a misdemeanor of the first degree,, in addition to any other penalty or sanction imposed for the violation, the offender s concealed hgun license shall be suspended pursuant to division (A)(2) of Section of the Revised Code. If at the time of the stop of the offender for a traffic stop, for another law enforcement purpose, or for a purpose defined in Section of the Revised Code that was the basis of the violation any law enforcement officer involved with the stop or the employee of the motor carrier enforcement unit who made the stop had actual knowledge of the offender s status as a licensee, a violation of division (b)(1) or (2) of this section is a minor misdemeanor, the offender s concealed hgun license shall not be suspended pursuant to division (A)(2) of Section of the Revised Code. A violation of division (b)(3) or (4) of this section is a misdemeanor of the first degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (b)(3) or (4) of this section, the offender s concealed hgun license shall be suspended pursuant to division (A)(2) of Section of the Revised Code. (g) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or dem of the officer, if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, the firearm is not contrab, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of Section of the Revised Code applies. (h) As used in this section: (1) Motor vehicle, street, highway have the same meanings as in Section of the Revised Code. (2) Unloaded means: A. With respect to a firearm other than a firearm described in division (h)(6) of this section, that no ammunition is in the firearm in question, no magazine or speed loader containing ammunition is inserted into the firearm in question, one of the following applies: 1. There is no ammunition in a magazine or speed loader that is in the vehicle in question that may be used with the firearm in question. 2. Any magazine or speed loader that contains ammunition that may be used with the firearm in question is stored in a compartment within the vehicle in question that cannot be accessed without leaving the vehicle or is stored in a container that provides complete separate enclosure. B. For the purposes of division (h)(2)a.2. of this section, a container that provides complete separate enclosure includes, but is not limited to, any of the following: A package, box, or case with multiple compartments, as long as the loaded magazine or speed loader the firearm in question either are in separate compartments within the package, box, or case, or, if they are in the same compartment, the magazine or speed loader is contained within a separate enclosure in that compartment that does not contain the firearm that closes using a snap, button, buckle, zipper, hook loop closing mechanism, or other fastener that must be opened to access the contents or the firearm is contained within a separate enclosure of that nature in that compartment that does not contain the magazine or speed loader; 2. A pocket or other enclosure on the person of the person in question that closes using a snap, button, buckle, zipper, hook loop closing mechanism, or other fastener that must be opened to access the contents. C. For the purposes of division (h)(2)a. B. of this section, ammunition held in stripper-clips or in enbloc clips is not considered ammunition that is loaded into a magazine or speed loader. (6) Unloaded means, with respect to a firearm employing a percussion cap, flintlock, or other obsolete ignition system, when the weapon is uncapped or when the priming charge is removed from the pan. (7) Commercial motor vehicle has the same meaning as in division (A) of Section of the Revised Code. (8) Motor carrier enforcement unit means the motor carrier enforcement unit in the department of public safety, division of state highway patrol, that is created by Section of the Revised Code. (i) Divisions (h)(5)a. B. of this section do not affect the authority of a person who is carrying a valid concealed hgun license to have one or more magazines or speed loaders containing ammunition anywhere in a vehicle, without being transported as described in those divisions, as long as no ammunition is in a firearm, other than a hgun, in the vehicle other than as permitted under any other provision of this chapter. A person who is carrying a valid concealed hgun license may have one or more magazines or speed loaders containing ammunition anywhere in a vehicle without further restriction, as long as no ammunition is in a firearm, other than a hgun, in the vehicle other than as permitted under any provision of this chapter. (RC Section ) Section Failure to Secure Dangerous Ordnance (a) No person, in acquiring, possessing, carrying, or using any dangerous ordnance shall negligently fail to take proper precautions: (1) To secure the dangerous ordnance against theft or against its acquisition or use by any unauthorized or incompetent person; (2) To insure the safety of persons property. (b) Whoever violates this section is guilty of failure to secure dangerous ordnance, a misdemeanor of the second degree. Section Improperly Providing Access to Firearms to a Minor (a) No person shall leave a firearm so as to allow access to the firearm by a person who is under eighteen years of age, except for lawful hunting,

23 July 23, 2014 The City Record 23 sporting, or educational purposes, including, but not limited to, instruction in firearms or hgun safety, care, hling, or marksmanship under the supervision control of a responsible adult. (b) A person who violates this section is guilty of a misdemeanor of the first degree. (RC Section ) Section Underage Purchase of Firearms (a) No person under twenty-one years of age shall purchase or attempt to purchase a hgun, provided that this division does not apply to the purchase or attempted purchase of a hgun by a person eighteen years of age or older under twenty-one years of age if either of the following apply: (1) The person is a law enforcement officer who is properly appointed or employed as a law enforcement officer has received firearms training approved by the Ohio peace officer training council or equivalent firearms training. (2) The person is an active or reserve member of the armed services of the United States or the Ohio national guard, or was honorably discharged from military service in the active or reserve armed services of the United States or the Ohio national guard, the person has received firearms training from the armed services or the national guard or equivalent firearms training. (b) Whoever violates this section is guilty of underage purchase of a hgun, a misdemeanor of the second degree. (RC Section ) Section Improperly Discharging a Firearm on or near Prohibited Premises (a) No person shall do any of the following: (1) Without permission from the proper officials subject to division (b)(4) of this section, discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery; (2) Subject to division (b)(5) of this section, discharge a firearm on a lawn, park, pleasure ground, orchard, or other ground appurtenant to a schoolhouse, church, or inhabited dwelling, the property of another, or a charitable institution; (3) Discharge a firearm upon or over a public road or highway; (4) Discharge a firearm within five hundred (500) feet of the grounds of any park, playground, or recreation center owned by the City. (b) This section does not apply to the following: (1) A person acting in self-defense or otherwise with privilege to do so; (2) A law enforcement or corrections officer acting within the course scope of the officer s employment or official duties; (3) Security personnel acting within the course scope of their employment; (4) A person who, while on the person s own property, discharges a firearm; (5) A person who owns any type of property described in division (a)(2) who, while on the person s own enclosure, discharges a firearm. (c) Any person who violates this section is guilty of a misdemeanor of the first degree. (RC Section ) Section Prohibited Weapons on School Property; Duty to Notify Police (a) Subject to division (b) of this section, any school official or employee who discovers a prohibited weapon upon school grounds or in a school building shall immediately notify the Chief of Police or his or her designee request the assistance of the Division of Police. (b) Division (a) of this section shall not apply: (1) To any school official or employee who has personal knowledge that the notification required by division (a) has already been given with respect to a particular discovery of a particular prohibited weapon; or (2) When the prohibited weapon is in the possession of an officer, agent or employee of this or any other state or the United States, members of the armed forces of the United States or the organized militia of this or any other state, or law enforcement officers, as defined in division (k) of Section , to the extent that any such person is authorized to possess a prohibited weapon is acting within the scope of his or her duties. (c) Any school official or employee who fails to comply with division (a) of this section is guilty of a misdemeanor of the first degree. (d) For purposes of this section, a prohibited weapon is any weapon defined, described, or listed in any division of Section , Section , Section , Section , Section , or Section Section Possessing Certain Weapons at or About Public Places (a) No person shall knowingly carry, have in his or her possession or ready at h any BB gun, pellet gun, knife having a blade two one-half (2-1/2) inches in length or longer, brass knuckles, cestus, billy, karate stick, blackjack, sword or saber while at or about a public place. (b) As used in this section, public place means any place to which the general public has access a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business any grounds, areas or parks where persons would congregate. (c) This section does not apply to officers, agents or employees of this or any other state or the United States, to law enforcement officers authorized to carry or possess deadly weapons or to persons with private or special police commissions, acting within the scope of their duties. (d) This section shall not apply if any weapon in division (a) of this section was part of a public weapon display, show or exhibition, or was in the possession of a person participating in an organized match, competition or practice session. (e) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing the weapon, that the weapon was kept ready at h by the actor for defense purposes, while he or she was engaged in his or her lawful business or occupation, which business or occupation was of such character or at such a place as to 1031 render the actor particularly susceptible to criminal attack, such as would justify a prudent man in having the weapon ready at h. (f) It is an affirmative defense to a charge under this section that the actor was not otherwise prohibited by law from possessing a knife having a blade two one-half (2-1/2) inches in length or longer, that either (i) the actor at the time was engaged in a lawful business or pursuit that business or pursuit requires a knife having a blade two one-half (2-1/2) inches in length or longer as a tool of trade or pursuit, or (ii) the knife having a blade two one-half (2-1/2) inches in length or longer was kept ready at h by the actor for defense purposes, while he or she was engaged in his or her lawful business or occupation, which business or occupation was of such character or at such a place as to render the actor particularly susceptible to criminal attack, such as would justify a prudent man in having such a knife ready at h. (g) Notwithsting the provisions of Section division (a) of Section , whoever violates this section is guilty of possessing certain weapons on or about public places, a misdemeanor of the first degree. Section Seizure Confiscation of Deadly Weapons (a) In any situation where a deadly weapon is present a person has been drinking or disturbing the peace, threatening bodily harm or causing or threatening a disturbance or violence, there is reasonable cause for the investigating police officer to believe that such deadly weapon may be used to cause bodily harm, such deadly weapon may be seized by the police kept in the custody of the Chief of Police until released by an order of a court of competent jurisdiction. (b) Any deadly weapon seized by a police officer upon the arrest of any person, firm or corporation charged with a violation of any of the provisions of this chapter, or any felony or misdemeanor involving the use of a deadly weapon or the use of force or violence or the threat of the use of force or violence against the person of another, shall be confiscated by the Division of Police for disposal. However, any deadly weapon seized which has been reported stolen shall be returned to the owner thereof, unless possession by the owner would constitute a violation of any provision of these Codified Ordinances or of State or Federal law. Section Reporting Transfers of Firearms (a) Except for transfers involving a licensed gun dealer, no person shall sell or transfer a firearm without reporting the sale or transfer to the Division of Police. The Director of Public Safety may promulgate rules regulations governing the reporting process. (b) A person who violates this section is guilty of a misdemeanor of the first degree. Section Defacing Identification Marks of Firearms; Possessing Defaced Firearm (a) No person shall do either of the following: (1) Change, alter, remove, or obliterate the name of the manufacturer,

24 24 The City Record July 23, 2014 model, manufacturer s serial number, or other mark of identification on a firearm. (2) Possess a firearm knowing or having reasonable cause to believe that the name of the manufacturer, model, manufacturer s serial number, or other mark of identification on the firearm has been changed, altered, removed, or obliterated. (b) (1) Whoever violates division (a)(1) of this section is guilty of defacing identification marks of a firearm. Except as otherwise provided in this division, defacing identification marks of a firearm is a misdemeanor of the first degree. (2) Whoever violates division (a)(2) of this section is guilty of possessing a defaced firearm. Except as otherwise provided in this division, possessing a defaced firearm is a misdemeanor of the first degree. (c) Division (a) of this section does not apply to any firearm on which no manufacturer s serial number was inscribed at the time of its manufacture. (RC Section ) Section Unlawful Transactions in Weapons (a) No person shall: (1) Manufacture, possess for sale, sell or furnish to any person other than a law enforcement agency for authorized use in police work, any brass knuckles, cestus, billy, blackjack, sbag, switchblade knife, springblade knife, gravity knife or spring-loaded weapon capable of propelling a knife or knifelike projectile, including, but not limited to, a ballistic knife (sometimes referred to commonly as a KGB knife) or similar weapon /or advanced martial arts weapons, including, but not limited to shurikan (throwing star), nunchuck, sword, knife, staff, Tonfa, Kama, Sai /or other similar weapons. This paragraph does not apply to the possession /or use of advanced martial arts weapons on the premises of a recognized martial arts school or during the time said weapons are being transported directly to or from said premises. (2) As used in paragraph (a)(1) hereof, the following designated martial arts weapons are defined as follows: A. Nunchuck two (2) pieces of hardwood sticks, generally equal in size weight, held together by a piece of string, leather or chain. B. Sword a weapon with a long blade for cutting or thrusting designed, manufactured or marketed as a martial arts weapon. C. Knife a weapon consisting of a single- or double-edged short blade for cutting or throwing designed, manufactured or marketed as a martial arts weapon. D. Staff a hardwood stick the size of which can vary from two (2) to six (6) feet in length which can be used to strike, to block, to jab, to hold throw an opponent. E. Tonfa a hardwood shaft which measures about seventeen (17) inches in length with a hle approximately four one-half (4-1/2) inches in length affixed to the shaft. F. Kama an instrument consisting of a hle with a long curved single-edged blade affixed at the end of the hle. G. Sai a piece of steel or heavy metal that is approximately twelve (12) inches in length with a pointed or blunted end two (2) prongs that extend down from the blade to form a hle a protection for strikes. (3) When transferring any dangerous ordnance to another, negligently fail to require the transferee to exhibit such identification, license or permit showing him or her to be authorized to acquire dangerous ordnance pursuant to Section of the Revised Code, or negligently fail to take a complete record of the transaction forthwith forward a copy of such record to the sheriff of the county or safety director or police chief of the municipality where the transaction takes place; (4) Knowingly fail to report to law enforcement authorities forthwith the loss or theft of any firearm or dangerous ordnance in the person s possession or under the person s control. (b) Whoever violates this section is guilty of unlawful transactions in weapons. Violation of subsection (a)(1) or (3) hereof is a misdemeanor of the second degree. Notwithsting the provisions of Section or (a), violation of subsection (a)(4) is a misdemeanor of the fourth degree. Section Prohibition Against Transferring Firearms or Dangerous Ordnance to a Felon or Intoxicated Person (a) No person shall negligently sell, lend, give, or furnish any firearm to any person prohibited by Section or of the Revised Code from acquiring or using a firearm, or negligently sell, lend, give, or furnish any dangerous ordnance to any person prohibited by Section , , or of the Revised Code from acquiring or using any dangerous ordnance. (b) A person who violates this section is guilty of a misdemeanor of the first degree. Section Voluntary Surrender of Firearms Dangerous Ordnance (a) No person who acquires, possesses, or carries a firearm or dangerous ordnance in violation of Section or of the Revised Code shall be prosecuted for such violation, if he reports his possession of firearms or dangerous ordnance to any law enforcement authority, describes the firearms of [or] dangerous ordnance in his possession where they may be found, voluntarily surrenders the firearms or dangerous ordnance to the law enforcement authority. A surrender is not voluntary if it occurs when the person is taken into custody or during a pursuit or attempt to take the person into custody under circumstances indicating that the surrender is made under threat of force. (b) Any firearm or dangerous ordnance, declared to be illegal under the provisions of Section or RC Section may be disposed of by presenting the firearm or dangerous ordnance by the person owning or possessing it, at any district police station in the City of Clevel, at the Central Police Station or the Detective Bureau of the Division of Police. (c) No person disposing of a firearm or dangerous ordnance in the manner at the places herein designated, shall be required to make any written or oral statement or 1032 report concerning the firearm or dangerous ordnance or the circumstances surrounding its acquisition, possession or present or past ownership. Receipt can be made available upon request. Section Reporting Lost or Stolen Firearms (a) No person who resides in the City shall fail to report to the Division of Police the theft or loss of a firearm he or she owns or possesses within forty-eight (48) hours of the time he or she knew or should have known that the firearm had been stolen or lost. (b) The report to the Division of Police under division (a) shall contain the following information: (1) The name, address social security number of the person owning or having possession of the firearm; (2) The model, caliber, serial number manufacturer of the firearm; (3) Any registration number for the firearm; (4) The date place of the theft or loss; (5) A complete statement of the facts circumstances surrounding the theft or loss. (c) This section does not apply to: (1) Any law enforcement or corrections agency, or law enforcement or corrections officer acting within the course scope of the officer s employment or official duties; or (2) A United States Marshall or member of the Armed Forces of the United States or the National Guard, or a federal or state official, who is required to possess a firearm in the operation of his or her official duties. (d) No person shall knowingly provide false or misleading information pertaining to the loss or theft of a firearm that they own. (e) Any person who violates division (a) or (d) of this section is guilty of a misdemeanor of the second degree. Section Facsimile Firearms (a) (1) Firearm shall have the same meaning as used in Section of this chapter. (2) Replica or facsimile of a firearm shall mean any device or object made of plastic, wood, metal or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, replica or facsimile of a firearm shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, firearms that are inoperable cannot readily be rendered operable, or any other device which might reasonably be perceived to be a real firearm. (b) No person shall display, market for sale or sell any replica or facsimile of a firearm in the City. The provisions of this subsection shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm. (c) Except in self-defense, no person shall draw, exhibit or brish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy or

25 July 23, 2014 The City Record 25 with the intent to commit an act which is a crime under the laws of the City, State or Federal government against any other person. (d) No person shall draw, exhibit or brish a replica or facsimile of a firearm or simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brishing knows or has reason to know that such law enforcement officer, fire fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties. (e) (1) Whoever violates division (b) of this section is guilty of unlawful sale of a replica firearm, a misdemeanor of the third degree. (2) Whoever violates division (c) of this section is guilty of brishing a replica firearm, a misdemeanor of the first degree. (3) Whoever violates division (d) of this section is guilty of brishing a replica firearm in the presence of a public safety officer, a misdemeanor of the first degree. Section Conveyance or Possession of an Object Indistinguishable from a Firearm in a School Safety Zone (a) No person shall knowingly possess an object in a school safety zone if both of the following apply: (1) The object is indistinguishable from a firearm, whether or not the object is capable of being fired. (2) The person indicates that the person possesses the object that it is a firearm, or the person knowingly displays or brishes the object indicates that it is a firearm. (b) Division (a) of this section does not apply to premises upon which home schooling is conducted. Division (a) of this section also does not apply to a school administrator, teacher, or employee who possesses an object that is indistinguishable from a firearm for legitimate school purposes during the course of employment, a student who uses an object that is indistinguishable from a firearm under the direction of a school administrator, teacher, or employee, or any other person who with the express prior approval of a school administrator possesses an object that is indistinguishable from a firearm for a legitimate purpose, including the use of the object in a ceremonial activity, a play, reenactment, or other dramatic presentation, or a ROTC activity or another similar use of the object. (c) Whoever violates division (a) of this section is guilty of illegal possession of an object indistinguishable from a firearm in a school safety zone. Except as otherwise provided in this division, illegal possession of an object indistinguishable from a firearm in a school safety zone is a misdemeanor of the first degree. (d) As used in this section: (1) Object that is indistinguishable from a firearm means an object made, constructed, or altered so that, to a reasonable person without specialized training in firearms, the object appears to be a firearm. (2) School safety zone consists of a school, school building, school premises, school activity, school bus. (3) School, school building, school premises have the same meaning as in Section of the Revised Code. (4) School activity means any activity held under the auspices of a board of education of a city, local, exempted village, joint vocational, or cooperative education school district; a governing authority of a community school established under Chapter 3314 of the Revised Code; a governing board of an educational service center, or the governing body of a school for which the state board of education prescribed minimum stards under Section of the Revised Code. (5) School bus has the same meaning as in Section of the Revised Code. (RC Section ) Section Sale of Long-Bladed Pocket Knives (a) No person shall give or sell a pocket knife having a blade of two one-half (2-1/2) inches in length or longer, without first requiring a purchaser to properly identify himself or herself register in a book kept for such purpose giving his or her name, address age. The register shall be subject to inspection by any officer of the law upon dem. (b) No person shall give, sell or exhibit for sale to a minor a knife having a blade two one-half (2-1/2) inches in length or longer. (c) Every person, firm or corporation dealing in the sale of knives shall post a copy of this section in a conspicuous place in such place of business. (d) Whoever violates this section is guilty of unlawful pocket knife sale, a misdemeanor of the third degree. Section Sale or Possession of Sling Shots Pea Shooters (a) No person shall carry on or about his or her person, sell or exhibit for sale a sling shot, commonly consisting of a forked stick with an elastic b attached, or a piece of elastic such as rubber, with a bag attached for shooting of projectiles. (b) No person shall carry on or about his or her person, sell or exhibit for sale a pea shooter, commonly consisting of a hollow cylindrical object made of one (1) or more materials through which an object may be propelled by blowing air through the same. (c) Whoever violates this section is guilty of unlawful sale or possession of sling shots or pea shooters, a minor misdemeanor. Section Unlawful Display of Weapons (a) No person, firm or corporation shall exhibit for sale in showcases or show windows any daggers, stilettoes, brass or iron knuckles billies, or display any signs, posters, cartoons or display cards, suggesting the sale of such weapons. (b) Whoever violates this section is guilty of unlawful display of weapons, a misdemeanor of the first degree. Section Possession or Use of Stench Bombs (a) No person shall possess or use a tear gas device, stink bomb, smoke generator or other device releasing a substance which is harmful or offensive to persons exposed or which 1033 tends to cause public alarm. This section does not apply to law enforcement agents in the discharge of official duty. (b) Whoever violates this section is guilty of unlawful possession or use of stench bombs, a misdemeanor of the first degree. Section Tear Gas Guns (a) No person not being a law enforcement officer acting in the line of duty or a person engaged in repelling robbers, thieves, murderers or other law violators in the defense protection of his or her home or place of business, shall aim discharge at any person a weapon or device of any kind which impels by compressed air, spring release or other means a projectile containing any liquid or gas which is dangerous to the safety or health of such person, or which otherwise discharges any such liquid or gas upon the person of another. (b) Whoever violates this section is guilty of unlawful tear gas gun use, a misdemeanor of the first degree. Section Containers or Combustibles (a) No person shall make, use, have on or about his or her person or under his or her control any device or container, having a combustible material or substance which can be used as a means of igniting such device or container attached thereto as a fuse containing therein any flammable or combustible material or substance, which device or container can be used as a firebomb by igniting the fuse or igniting the fuse breaking the device or container by dropping, tossing or throwing such device or container against or upon an object. However, this section does not apply to any person using, making or having such device or container in his or her possession or under his or her control in the course of a legitimate business, employment or occupation. (b) Whoever violates this section is guilty of unlawful manufacture, possession or use of combustible container, a misdemeanor of the first degree. Section Jump Traps (a) No person shall use or permit the use within the City of any steel jump animal trap or similar device with spring activated jaws of the types commonly used for the trapping of fur bearing animals, which is capable of inflicting cruelty upon dogs or cats or which constitutes a hazard to small children. (b) Whoever violates this section is guilty of unlawful jump trap use, a misdemeanor of the third degree. Section 3. That the Codified Ordinances are supplemented by enacting new Sections to to read as follows: CHAPTER 628 GUN OFFENDER REGISTRY Section Definitions For purposes of this chapter, the following definitions apply: (a) Convicted or conviction means: (1) Having been found guilty of a gun offense by a jury or judicial officer; or (2) The acceptance of a plea of guilty or nolo contendere for a gun offense.

26 26 The City Record July 23, 2014 (b) Director means the Director of Public Safety or the Director s designee. (c) Gun offender or offenders means any person convicted of a gun offense. Gun offender does not include a person whose conviction has been reversed on appeal or otherwise set aside pursuant to law. (d) Gun Offense means: (1) a violation of any of the following Revised Code sections or any substantially equivalent Codified Ordinance section that involves a firearm: Firearms prohibitions Endangering aircraft or airport operations Carrying concealed weapons Possession of firearm in beer liquor permit premises prohibition, exceptions Illegal conveyance or possession of deadly weapon or dangerous ordnance or of object indistinguishable from firearm in school safety zone Illegal conveyance of deadly weapon or dangerous ordnance into courthouse illegal possession or control in courthouse Having weapons while under disability Using weapons while intoxicated Improperly hling firearms in a motor vehicle Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function Discharge of firearm on or near prohibited premises Unlawful transaction in weapons Possessing a defaced firearm Improperly furnishing firearms to minor (2) Any offense where the indictment or information charging the offense specifies that the offender had a firearm on or about the offender s person or under the offender s control while committing the offense. Section Duty to Register (a) A gun offender who (1) resides in the City; (2) on or after the effective date of this section is convicted of a gun offense shall register with the Director within five (5) days of either: (a) release, if the gun offender receives a sentence of imprisonment; or (b) the time sentence is imposed, if the sentence does not include imprisonment. (b) Notwithsting division (a), any gun offender who did not register in the time set forth in division (a) because, following the gun offender s discharge or release from a federal, state or local correctional facility, the gun offender was confined to a residential treatment center, hospital or other institution, shall register within five (5) days of the offender s discharge or release from such institution. (c) A gun offender who did not reside in the City at the time when registration would have otherwise been required under this chapter, subsequent to that time becomes a resident of the City, shall register within five (5) days of becoming a resident of the City. (d) The form manner of registration shall be as provided in rules regulations promulgated by the Director. (e) The registration shall include the following information: (1) The gun offender s name, date of birth, sex; (2) The address where the gun offender resides, any home or mobile phone number regularly used by the gun offender; (3) Any other legal name or alias of the gun offender; (4) A copy of the driver s license or non-driver s photo identification card, or other document to establish proof of residence acceptable to the Director; (5) A photograph of the gun offender; (6) A description of the gun offense for which the offender was convicted; (7) The name, address phone number of the offender s place of work; (8) The name address of any educational institution which the gun offender attends; (9) Any other information that the Director shall find reasonably necessary to effect the purposes of this chapter. (f) The gun offender shall submit to fingerprinting in accordance with rules regulations promulgated by the Director. (g) This chapter shall not apply to any person who: (1) Can demonstrate that the person s conviction for a gun offense was (i) reversed on appeal or otherwise set aside pursuant to law, including receiving a pardon; or (ii) based on a law that was invalidated or held to be unconstitutional or otherwise invalid; or (2) Was adjudicated a juvenile delinquent for an offense that, if committed by an adult, would not constitute a conviction for a gun offense. Section Initial Annual Registration (a) For the initial registration, a gun offender shall report in person at such place as the Director may direct. (b) After the initial registration, the gun offender shall report in person at such place as the Director may direct no later than one year after the date of the initial registration thereafter no later than one year after the date of each annual registration, until such time that the gun offender is no longer required to register. Section Registration Period A gun offender shall comply with the requirements of this chapter, including the registration requirement, for a period of four (4) years after the date of the offender s first registration. Section Duty to Report Change of Information A gun offender shall report any change in information required by this chapter within five (5) days of the change, in a manner in a form prescribed by the Director. Section Creation of Gun Registry The Director shall collect the information provided under this chapter create maintain a list of registered of gun offenders. Section Sharing Registration Information The Director may make the information collected under this chapter available to federal, state local law enforcement agencies. Section Cooperation with other Agencies The Director shall cooperate with federal, state local law enforcement agencies the judiciary to facilitate implementation of this chapter. Section Rules Regulations The Director shall promulgate rules regulation for the implementation of this chapter to prescribe all forms information required. Section Offense; False Information (a) No person who is a gun offender shall fail to register or fail to renew the offender s registration as provided in this chapter. (b) No person shall knowingly provide false or misleading information pertaining to the offender s registration information. Section Penalty (a) Any person who violates Section is guilty of a misdemeanor of the first degree. (b) Each day that a violation continues shall constitute a separate distinct offense. Section 4. That this ordinance is Referred to Directors of Public Safety, Finance, Law; Committees on Safety, Finance. FIRST READING ORDINANCE REFERRED Ord. No By Council Member Sweeney. An ordinance changing the Use, area Height Districts of ls located on the northeast corner of West 135th Street Lorain Avenue to Multi-Family Residential, a D Area District a 2 Height District (Map Change No. 2492). Section 1. That the Use, Area Height Districts of ls bounded described as 1034

27 July 23, 2014 The City Record 27 Beginning in the centerline of Lorain Avenue at its intersection with the southerly prolongation of the centerline of W. 135th Street; Thence northerly along said centerline of W 135th St to its intersection with the westerly prolongation of the southerly line of a parcel of l conveyed to Willie T Cox by deed dated August 6, 1985 recorded in Auditor s File Number V said parcel also being known as Cuyahoga County s Permanent Parcel Number ; Thence easterly along said westerly prolongation southerly line to its intersection with the easterly line thereof; Thence northerly along said easterly line to its intersection with the northerly line thereof; Thence easterly along said northerly line to its intersection with the westerly line of Sublot No. 16 in the Lorain Villas (Settlement Property Company) Allotment shown on the recorded plat in Volume 59, Page 16 of Cuyahoga County Map Records; Thence southerly along said westerly line its southerly prolongation to its intersection with the southwesterly prolongation of the southerly line of Sublot No. 11 in said allotment; Thence northeasterly along said prolongation southerly line its northeasterly prolongation to its intersection with the centerline of Berea Road; Thence southerly along the centerline of Berea Road to its intersection with the centerline of Lorain Avenue; Thence westerly along the centerline of Lorain Avenue to its intersection with the place of origin; as shaded on the attached map is changed to a Multi-Family District, a D Area District a 2 Height District. Section 2. That the change of zoning of ls described in Section 1 shall be identified as Map Change No. 2492, shall be made upon the Building Zone Maps of the City of Clevel on file in the office of the Clerk of Council 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 Referred to Directors of City Planning Commission, Law; Committee on Development Planning Sustainability. 1035

28 28 The City Record July 23, 2014 FIRST READING EMERGENCY RESOLUTIONS REFERRED Res. No By Council Members Zone, K. Johnson Brancatelli (by departmental request). An emergency resolution declaring the intent to vacate a portion of Father Caruso Drive N.W., West 73rd Street West 74th Street. Whereas, this Council is satisfied that there is good cause to vacate a portion of, Father Caruso Drive N.W., West 73rd Street West 74th Street as described; for the usual daily operation of a municipal Section 1. That this Council declares its intent to vacate a portion of the following described real property: LEGAL DESCRIPTION OF A PART OF FATHER CARUSO DRIVE, WEST 73RD STREET AND WEST 74TH STREET Situated in the City of Clevel, County of Cuyahoga State of Ohio, known as being part of Original Brooklyn Township Lot Number further bounded described as follows: Beginning at an iron pin monument marking the centerline intersection of Father Frascati Avenue (variable width) West 73rd Street (50 feet wide); Thence N 00 33'18" E, along said centerline of West 73rd Street, a distance of feet to a point; Thence N 89 26'42" W, a distance of feet to a point on the westerly line of said West 73rd Street the principal point of beginning of the premises herein intended to be described; Course No. 1: Thence N 00 33'18" E, along said westerly line of West 73rd Street, a distance of feet to its intersection with the southerly line of Father Caruso Drive (52 feet wide); Course No. 2: Thence S 63 31'18" W, along said southerly line of Father Caruso Drive, a distance of feet to its intersection with the easterly line of West 74th Street (60 feet wide); Course No. 3: Thence S 00 01'18" E, along said easterly line of West 74th Street, a distance of feet to its intersection with the northerly line of said Father Frascati Avenue; Course No. 4: Thence S 89 58'42" W, along said northerly line of Father Frascati Avenue, a distance of feet to a point on the westerly line of said West 74th Street; Course No. 5: Thence N 00 01'18" W, a distance of feet to its intersection with the northerly line of said Father Caruso Drive; Course No. 6: Thence N 63 31'18" E, along said northerly line of Father Caruso Drive, a distance of feet to its intersection with the northerly prolongation of the westerly line of West 70th Street (60 feet wide); Course No. 7: Thence S 00 11'33" W, along said northerly prolongation of the westerly line of West 70th Street, a distance of feet to its intersection with the southerly line of said Father Caruso Drive; Course No. 8: Thence N 79 45'40" W, along said southerly line of Father Caruso Drive, a distance of feet to an angle point therein; Course No. 9: Thence S 63 31'18" W, continuing along said southerly line of Father Caruso Drive, a distance of feet to a point of curved turnout between said Father Caruso Drive West 73rd Street; Course No. 10: Thence along the arc of said curved turnout, deflecting to the left, feet, said curve having a radius of feet, delta angle of 62 58'00", a chord which bears S 32 02'18" W, a distance of feet to a point of tangency; Course No. 11: Thence S 00 33'18" W, along the easterly line of said West 73rd Street, a distance of feet to a point; Course No. 12: Thence N 89 26'42" W, a distance of feet to the principal point of beginning containing acres of l as described by John E. Jansky, Registered Surveyor Number 6640 of The C.W. Courtney Company, in May 2014, be the same or less, but subjected to all legal highways. Bearings used herein are based on assumed meridian are used to indicate angles only. Legal Description approved by Greg Esber, Section Chief, Plats, Surveys House Numbering Section. Section 2. That this resolution is upon its adoption approval by the Referred to Directors of Capital Projects, City Planning Commission, Finance, Law; Committees on Municipal Services Properties, Development Planning Sustainability Res. No By Council Members Brancatelli, Zone, Cimperman, Brady, Polensek J. Johnson. An emergency resolution establishing a working committee to study the effectiveness of Trap-Neuter-Return Return to Field Community Cat city services community education to decrease free-roaming cat populations in Clevel s neighborhoods create a safe, healthy, humane community for cats people alike. Whereas, the Clevel Animal Protective League (APL) estimates that there are more than 60,000 freeroaming, feral, or community cats in Clevel alone; Whereas, the APL, Clevel Division of Animal Control Services (CDACS), Clevel City Council receive countless calls from city residents about cats in their neighborhoods; Whereas, currently, a partnership between the APL the City of Clevel allows caretakers to trap free-roaming cats, transport them to the APL where they are spayed neutered at a subsidized cost, return cats to their territory provide ongoing care; Whereas, since the inception of this trap-neuter-return (TNR) program, approximately 5000 free-roaming cats are served a year, with approximately 50% coming from the city of Clevel, the number of complaints received about stray cats has decreased at the CDACS in Clevel s neighborhoods; Whereas, this Council will establish a working committee, including the APL, CDACS, Health Department, Committees on Safety, Development, Planning Sustainability, Health to study the effectiveness of Trap-Neuter-Return services that are currently provided by the City APL, how to exp those services to include targeted TNR new Return to Field (RTF) strategies to further decrease free-roaming cat populations create a safe, healthy, humane community; Whereas, this working committee will study TNR RTF Community Cat ordinances programs in other cities, examine the City s current ordinances, possibly repeal portions that require the City to impound cats; Whereas, the committee also will study ways to educate the community on how to be an effective cat caretaker, including possible caregiver training; Whereas, the committee will study the feasibility of incorporating Community Cat services into the CDACS s operations new facility, study propose costs to be included in the 2015 City budget; Whereas, the ultimate goal of the working committee is to reduce reproduction of free-roaming cats by humanely trapping, surgically sterilizing, returning the cats to their territory as community cats. for the usual daily operation of a municipal Section 1. That this Council establishes a working committee to study the effectiveness of Trap-Neuter- Return Return to Field Community Cat city services community education to decrease free-roaming cat populations in Clevel s neighborhoods create a safe, healthy, humane community for cats people alike. Section 2. That the Clerk of Council is hereby directed to transmit a copy of this resolution to Sharon A. Harvey, President & CEO, Clevel Animal Protective League Section 3. That this resolution is measure, provided it receives the shall take upon its adoption approval by the Mayor; otherwise it shall take effect be in force from after the earliest period allowed Referred to Directors of Public Safety, Finance, Law; Committees on Safety, Finance. FIRST READING EMERGENCY ORDINANCES READ IN FULL AND PASSED Ord. No By Council Members Cimperman Kelley (by departmental request). An emergency ordinance to amend Section of the Codified Ordinances of Clevel, Ohio, 1976, as enacted by Ordinance No , passed March 4, 2013, relating to contracts with the State of Ohio to receive reimbursement under the Medicaid

29 July 23, 2014 The City Record 29 Administrative Claiming (MAC) Program for the Department of Public Health. Section 1. That Section of the Codified Ordinances of Clevel, Ohio, 1976, as enacted by Ordinance No , passed March 4, 2013, is amended to read as follows: Section Contracts with the State of Ohio to Receive Reimbursement under the Medicaid Administrative Claiming (MAC) Program for the Department of Public Health (a) The Director of Public Health is authorized to enter into contracts with the State of Ohio to receive reimbursement of costs for services related to activities that support efforts to identify enroll eligible clients into Medicaid under the Medicaid Administrative Claiming (MAC) Program. (b) The Director of Public Health is authorized to accept reimbursements from the State of Ohio under the MAC Program deposit those funds into Fund No. 10 SF 962 to be used to finance the operation of the Department of Public Health. Section 2. That existing Section of the Codified Ordinances of Clevel, Ohio, 1976, as enacted by Ordinance No , passed March 4, 2013, is repealed. Section 3. That this ordinance is Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Keane Kelley (by departmental request). the Director of Port Control to exercise the second option to renew Contract No. PS with Michael Baker, Jr. Inc. to provide professional services needed for on-call design construction support services, for the Department of Port Control. Whereas, under the authority of Ordinance No , passed June 4, 2012, the Director of Port Control entered into Contract No. PS with Michael Baker, Jr. Inc. for professional services needed for on-call design construction support services, for the Department of Port Control; Whereas, Ordinance No requires further legislation before exercising the second option to renew on this contract; Section 1. That the Director of Port Control is authorized to exercise the second option to renew Contract No. PS for an additional year, with Michael Baker, Jr. Inc. for professional services needed for on-call design construction support services, for the Department of Port Control. This ordinance constitutes the additional legislative authority required by Ordinance No to exercise this option. Section 2. That this ordinance is Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 15. Nays 1. Those voting yea: Council Members Kelley, Brady, Cimperman, Clevel, Conwell, Cummins, Dow, K. Johnson, Keane, Mitchell, Polensek, Pruitt, Reed, Sweeney Zone. Those voting nay: Council Member J. Johnson. Absent: Council Member Brancatelli. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the Clevel Association of Rescue Employees (CARE), Local 1975; to amend Section 22 of Ordinance No , passed March 31, 2014, relating to compensation for various classifications. Section 1. That under division (B) of Section of the Revised Code, this Council approves the collective bargaining agreement with Clevel Association of Rescue Employees (CARE), Local 1975, under the terms contained in File No A, for the period from April 1, 2013 through March 31, 2016, which provides, among other things, for an increase in the salaries wages for members of the bargaining unit under the following schedule: Increase Approximate Date of Increase 1% April 1, % April 1, % April 1, 2015 Section 2. That Section 22 of Ordinance No , passed March 31, 2014, is amended to read as follows: Section 22. Clevel Association of Rescue Employees (CARE), Local That salaries compensation in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification: Minimum Maximum 1. Emergency Medical Dispatcher... $24, $43, Emergency Medical Dispatcher Trainee Emergency Medical Technician... 26, , Emergency Medical Technician Trainee Paramedic I... 27, , Paramedic II... 29, , Paramedic III... 33, , Section 3. That existing Section 22 of Ordinance No , passed March 31, 2014, is repealed. Section 4. That this ordinance is be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. 1037

30 30 The City Record July 23, 2014 third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance approving the collective bargaining agreement with the International Local 100, AFSCME Ohio Council 8 AFL-CIO; to amend Section 8 of Ordinance No , passed March 31, 2014, relating to compensation for various classifications. Section 1. That under division (B) of Section of the Revised Code, this Council approves the collective bargaining agreement with the International Local 100, AFSCME Ohio Council 8 AFL-CIO, under the terms contained in File No A, for the period from April 1, 2013 through March 31, 2016, which provides, among other things, for an increase in the salaries wages for members of the bargaining unit under the following schedule: Increase Approximate Date of Increase 1% April 1, % April 1, % April 1, 2015 Section 2. That Section 8 of Ordinance No , passed March 31, 2014, is amended to read as follows: Section 8. International Local 100, AFSCME Ohio Council 8 AFL-CIO. That salaries in the following classifications shall be fixed by the appointing authority in accordance with the schedule appearing after each classification: Minimum Maximum 1. Accountant I... $14.39 $ Accountant II Accountant III Accountant Clerk I Accountant Clerk II Activities Therapist Airport Information Representative Airport Operations Agent I Airport Operations Agent II Airport Safety Man Architect Associate Engineer Assistant Plan Examiner Assistant Residential Plan Examiner Associate Programmer Bill Collector Billing Clerk Building Inspector Building Inspector I Building Inspector II Building Inspector III Building Inspector IV Caseworker I Caseworker II Cashier/Starter Chemist Chief Miscellaneous Investigator Citizens Information Representative Claims Examiner Clinical Laboratory Assistant Clinical Laboratory Technician I Clinical Laboratory Technician II Community Development Planner Community Health Aide Community Relations Representative I Community Relations Representative II Community Relations Representative III Computer Monitor Assistant Computer Operator Construction Technician Consumer Protection Specialist Contract Monitoring Specialist Cook Copy Center Operator Customer Service Representative Data Control Clerk Data Conversion Operator Development Officer Disease Intervention Specialist I

31 July 23, 2014 The City Record Disease Intervention Specialist II Drug Alcohol Counselor Elevator Inspector Engineer Environmental Compliance Specialist I Environmental Compliance Specialist II Environmental Compliance Specialist III Environmental Enforcement Specialist I Environmental Enforcement Specialist II Environmental Enforcement Specialist III Environmental Monitoring Specialist I Environmental Monitoring Specialist II Environmental Monitoring Specialist III Financial Analyst Financial Counselor First Press Operator General Storekeeper Geriatric Outreach Worker Hazardous Material Specialist Head Cook Head Storekeeper Help Desk Analyst Home Maintenance Aide House Connection Inspector Residential Building Inspector Income Tax Tracer Information Control Analyst Inspector of Weight Measures Instrumentation Technician I Instrumentation Technician II Instrument Repairman Intake Specialist Interim Building Inspector Interim Mechanical Inspector Interim Residential Building Inspector Interim Residential Plan Examiner Junior Cashier Junior Clerk Lab Coordinator Laboratory Assistant Lscape Designer Life Guard Life Guard Captain Mechanical Inspector I Mechanical Inspector II Mechanical Inspector III Mechanical Inspector IV Medical Billing Reimbursement Specialist Medical Coder Billing Analyst Messenger Meter Reader Miscellaneous Investigator Monitoring, Auditing Evaluation Coordinator Network Analyst I On The Job Training Specialist Parking Attendant Parking Meter Collector Parking Meter Serviceman Permit Processing Specialist Pharmacist Photographer Photographic Laboratory Technician Physical Director I Physical Director II Residential Plan Examiner Play Director Pressman Preventive Health Counselor Preventive Health Educator Principal Cashier Principal Clerk Print Shop Helper Private Secretary Program Analyst Programmer Programmer Analyst Property Clerk

32 32 The City Record July 23, Psychiatric Social Worker Public Health Nursing Aide Public Health Sanitarian I Public Health Sanitarian II Public Health Sanitarian III Public Health Sanitarian IV Public Information Officer Quality Assurance Analyst Quality Control Coordinator Radio Dispatcher Radio Technician Receptionist Recreation Aide Recreation Instructor Recreation Instructor I Recreation Instructor II Recreation Instructor III Redevelopment Advisor Redevelopment Coordinator Registered Animal Health Technician Rehabilitation Inspector Second Press Operator Secretary Secretary to Director of Consumer Affairs Senior Assistant City Planner Senior Assistant Designer Senior Assistant Mechanical Engineer Senior Cashier Senior Chemist Senior Clerk Senior Computer Operator Senior Contract Monitoring Specialist Senior Data Conversion Operator Senior Development Officer Senior Draftsman Senior Laboratory Technician Senior Lscape Architect Sewer Service Man Site Inspector Social Worker for Homeless Starter (Golf) Stenographer III Stock Clerk Storekeeper Surveyor Tax Auditor I Tax Auditor II Technical Specialist Technical Specifications Writer Telecommunications Analyst I Telephone Operator Telephone Supervisor Traffic Sign Marking Technician Trainee Building Inspector Trainee Residential Plan Examiner Typist Water Hydraulic Repairman Water Meter Repairman Water Pipe Repairman Water Serviceman Water System Construction Inspector Web Content Editor Section 3. That existing Section 8 of Ordinance No , passed March 31, 2014, is repealed. Section 4. That this ordinance is be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays

33 July 23, 2014 The City Record 33 Ord. No By Council Members J. Johnson Conwell. directing the Director of Office of Capital Projects to issue a permit to the Glenville Festival Committee to stretch banners on East 105rd Street Ostend Avenue; East 88th Street St. Clair Avenue; East 103rd Street St. Clair Avenue; for the period from July 17, 2014 to August 16, 2014, inclusive, celebrating the annual Glenville Heritage Festival. Section 1. That notwithsting the provision of Section of the Codified Ordinances, of Clevel, Ohio, 1976, the Director of the Office of Capital Projects is hereby authorized directed to issue a permit to the Glenville Festival Committee to install, maintain remove banners on, East 105th Street Ostend Avenue; East 88th Street St. Clair Avenue; East 103rd Street St. Clair Avenue; inclusive. Said banner shall be approved by the Office of Capital Projects, in consultation with the Director of Public Safety, as to type, method of affixing location so as not to interfere with any sign erected maintained under the requirements of law or ordinance. The permission of the owner of any pole from which a banner will be hung must be obtained prior to issuance of the permit. No commercial advertising shall be printed or permitted on said banner said banner shall be removed promptly upon the expiration of said permit. Section 2. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise, it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley. the Clerk of Council to enter into one or more internship agreements with various individuals to provide assistance to the Office of the Clerk the members of Clevel City Council in any all matters related to official Council business. Section 1. That the Clerk of Council is authorized to enter into one or more internship agreements with various individuals to provide assistance to the Office of the Clerk the members of Clevel City Council in any all matters related to official Council business, as may be directed by the Clerk or her designees. The agreements may be for terms of any number of weeks starting on or after September 1, 2014 ending on or before September 30, The individuals shall be paid on an hourly basis in an amount up to not to exceed $15.00 per hour shall be certified from fund number 01, subfund 001, department 0101, object Section 2. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Reed Mitchell. the Director of the Department of Community Development to enter into agreement with Fairfax Renaissance Development Corporation for the Neighborhood Technology Center Program through the use of Wards 2 6 Casino Revenue Funds. Section 1. That the Director of the Department of Community Development is authorized to enter into an agreement with Fairfax Renaissance Development Corporation for the Neighborhood Technology Center Program for the public purpose of providing computer training to the residents of Clevel through the use of Wards 2 6 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $43,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Mitchell. An emergency ordinance to add the name Elder Paul Carrington Way as a secondary honorary name to Fuller Avenue between East 89th Street East 93rd Street Section 1. That, notwithsting as an exception to the Codified Ordinances of the City of Clevel, 1976, the name Elder Paul Carrington Way shall be added as a secondary honorary name to Fuller Avenue between East 89th Street East 93rd Street. Section 2. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members J. Johnson Polensek. An emergency ordinance to designate the track at Collinwood Athletic Complex as the Louis Slapnik Track. Whereas, for more than 26 years, Louis Slapnik was the girls track coach at Collinwood High School, leading his teams to nine Girls State Track Championships; Whereas, Louis Slapnik is the only Division I coach in the State of Ohio to win five straight team championships he has earned a place as a coach in the Ohio High School Athletic Association Hall of Fame; Whereas, Mr. Slapnik has been a true leader in the Collinwood community as teacher, coach mentor to so many; Section 1. That the track at Collinwood Athletic Complex be is hereafter designated as the Louis Slapnik Track. Section 2. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Polensek. the Director of the City Planning Commission to enter into agreement with the Northeast Shores Development Corporation for the East 185th Street Planning Study through the use of Ward 8 Casino Revenue Funds.

34 34 The City Record July 23, 2014 Section 1. That the Director of the Planning Commission is hereby authorized to enter into an agreement with the Northeast Shores Development Corporation for the East 185th Street Planning Study for the public purpose developing a comprehensive plan to reconstruct existing streetscape to develop a l use plan for the East 185th Street corridor area in the city of Clevel through the use of Ward 8 Casino Revenue Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $10,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Mayor Jackson Council Member Kelley. the Mayor to enter into agreement with the Clevel 2016 Host Committee, Inc. to hold the 2016 Republican National Convention in Clevel authorizing various directors to accept grants gifts, issue permits, enter into contract, perform various tasks necessary to support the Convention in Clevel in Whereas, the City of Clevel ( City ) has been selected to hold the 2016 Republican National Convention (the Convention ); Whereas, the Convention will attract thouss of delegates, visitors news media to the City showcase the City on a national world stage; Whereas, the Clevel 2016 Host Committee, Inc. (the Host Committee ) desires to secure the City desires to provide certain facilities services to undertake certain obligations related to conducting the Convention in Clevel; Whereas, the City recognizes the compelling need for security other essential City services during the Convention to provide a safe, secure, clean positive environment for those attending the convention other visitors to Clevel during the event; Whereas, the City supports endorses the efforts of the Host Committee, its partners regional officials to promote the local economy, encourage commerce economic development promote the positive achievements in our community; Whereas, this Council supported the efforts of Mayor Jackson the Host Committee to bring the Convention to Clevel through the unanimous adoption of Resolution No , adopted on February 24, 2014; Whereas, the Convention provides an opportunity for Clevel to establish partnerships regional collaboration benefiting our City the region into the future, will generate millions of dollars of economic impact for the City the surrounding region; department constitutes an emergency measure providing for the immediate preservation of the public peace, property, health safety in that the timely authorization signing of the necessary agreements commitments to support the Convention are required to accomplish the City s goal of bringing the 2016 Republican National Convention to Clevel; now, therefore, Section 1. That, notwithsting any Code provision or ordinance to the contrary, the Mayor is authorized to enter into one or more agreements with the Host Committee to hold the Convention in Clevel, which shall include the following provisions: (a) That City-owned facilities, including Public Hall, the public areas of City Hall, Browns Stadium, Voinovich Park, Malls A, B & C, the City-owned lakefront parking lots, Public Square, the North Coast Marina, may be made available to the Host Committee as needed as a venue for Convention-related activities, as an in-kind contribution on terms acceptable to the Director of Public Works or such other director having management responsibility for the facility; (b) That the Gateway East Parking Garage may be temporarily closed converted to a media work space at the cost of the Host Committee Willard Park Garage may be made available for the parking of vehicles as part of the Convention, including a payment to the City in the projected amount of lost parking revenue during the period that the garage is closed or a fee for the parking of vehicles as determined by the Director of Finance based on past parking revenue figures the requirements of the City s parking facilities bonds; (c) That the City will expedite the review approval process for all licenses, permits, approvals, reviews, variances inspections required by the laws of the City as needed for the Convention related activities; (d) That the City will provide all security, traffic control related protective services as required by the Convention security traffic control plan authorized by Section 2 of this ordinance as determined by the Director of Public Safety; (e) That the City will coordinate with the Host Committee on the implementation of a comprehensive technology telecommunications services plan for the Convention provide access as determined appropriate by the Directors of Public Safety Finance, as applicable to the duties of their respective departments; (f) That, notwithsting any Code provision or ordinance to the contrary, the City may issue the necessary permits required for the hanging 1042 or display of banners other signage related to the Convention on City rights-of-way City-owned property to expedite the review permit approval process for a comprehensive general signage plan for the temporary display of signage in support of the Convention within the Central Business District the major routes into the City, in accordance with a plan proposed by the Host Committee approved by the Director of Capital Projects; (g) That the City will coordinate with the Host Committee the making of any public improvements likely to impact the Convention further agrees to negotiate completion guarantees on City construction projects to insure completion prior to the start of the Convention; (h) That, in support of the economic development promotion opportunities for Clevel associated with the Convention, the City agrees to contribute an amount not to exceed $2,500,000 to the Host Committee at such time on such terms as are acceptable to the Director of Economic Development; (i) That the Host Committee agrees to secure all necessary permits consents pay the City s stard permitting fees as required for the Convention related activities; (j) That the Host Committee agrees to reimburse the City for reasonable, anticipated costs unrelated to the provision of the City s stard municipal services not covered by grants, gifts or other sources of funds accepted under this ordinance; (k) That the City will work in partnership with the Host Committee in all of its activities related to the Convention, including the regulation of Convention related services to insure consistency in treatment cost. Section 2. That, notwithsting any Code provision or ordinance to the contrary, the Director of Public Safety is authorized to develop implement a Convention security traffic control plan in consultation with federal, state other local law enforcement agencies consistent with national security requirements, including the designation of one or more security zones related to the Convention development implementation of a traffic plan that involves the closing of streets rerouting of traffic to accommodate the increased traffic, buses vehicles related to the convention. The Director is further authorized to enter into agreements with federal, state other local law enforcement agencies as needed to implement the plan. Section 3. That the Director of Public Safety is authorized to apply for accept a National Special Security Events (NSSE) grant or grants grants from other federal, state local granting agencies for the purpose of developing implementing the security traffic control plan for the Convention. The Director is further authorized to file all papers execute all documents necessary to receive the funds accepted under this ordinance, upon acceptance of the funds by the Director, they shall be appropriated for the purposes set forth in grant agreement. Section 4. That the Directors of Public Works, Public Safety, Capital Projects, Finance, as applicable to the duties of their respective departments, are authorized to employ by

35 July 23, 2014 The City Record 35 contract or contracts one or more consultants or other professionals or one or more firms of consultants or other professionals, including insurance consultants, necessary for the purpose of supplementing the regularly employed staff of the several departments of the City of Clevel in order to provide professional services necessary to prepare for hold the Convention. The selection of the professional consultants shall be made by the Board of Control on the nomination of the appropriate director. Section 5. That, under Section 167 of the Charter of the City of Clevel, this Council determines to make the public improvement of constructing improvements in the rights-of-ways on public property in the City necessary to prepare for hold the Convention, for the Departments of Public Works, Public Safety Capital Projects, by one or more contracts duly let to the lowest responsible bidder or bidders after competitive bidding on a unit basis for the improvement. Section 6. That the Directors of Public Works, Public Safety, Capital Projects, as applicable to the duties of their respective departments, are authorized to enter into one or more contracts for the making of the public improvements authorized by Section 5 of this ordinance with the lowest responsible bidder or bidders after competitive bidding on a unit basis for the improvement, provided, however, that each separate trade each distinct component part of the improvement may be treated as a separate improvement, each, or any combination, of the trades or components may be the subject of a separate contract on a unit basis. Section 7. That the Directors of Public Works, Public Safety, Capital Projects, Finance, as applicable to the duties of their respective departments, are authorized to make one or more written stard contracts written requirement contracts under the Charter the Codified Ordinances of Clevel, Ohio, 1976, the period of requirements to be determined by the appropriate director, for the purchase or rental of the necessary items of materials, equipment, supplies, services, including insurance policies, necessary to prepare for host the Convention, to be purchased or procured by the Commissioner of Purchases Supplies on a unit basis for the appropriate department. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Section 8. That the costs of any requirement contract authorized by Section 7 of this ordinance shall be charged against the proper appropriation accounts the Director of Finance shall certify the amount of the initial purchase or procurement, which purchase or procurement, together with all later purchases or procurements, shall be made on order of the Commissioner of Purchases Supplies under a requisition against the contract or contracts certified by the Director of Finance. Section 9. That under Section 108(b) of the Charter, any purchases authorized by this ordinance may be made through cooperative agreements with other governmental agencies. The Directors of Public Works, Public Safety, Capital Projects, as applicable to the duties of their respective departments, may sign all documents that are necessary to make the purchases, may enter into one or more contracts with the vendors selected through that cooperative process. Section 10. That the Directors of Public Works, Public Safety, Capital Projects, as applicable to the duties of their respective departments, are authorized to apply pay for permits, licenses, or other authorizations fees required by any regulating entity or other public authority to implement this ordinance, including those relating to construction of any improvements. Section 11. That, notwithsting any Code provision or ordinance to the contrary, the Public Works, Public Safety, Capital Projects, as applicable to the duties of their respective departments, are authorized to issue public gathering permits, demonstration permits, temporary use permits, parade permits, business access operations permits during the a period starting one month before the first day of the Convention until one week after the completion of the Convention, subject to reasonable time, place, manner regulations promulgated by the appropriate director approved by the Board of Control, to use the rightsof-way public property, to allow appropriate access operation of affected businesses /or to protect public safety, persons, property, to accommodate the interests of persons participating in the gathering persons not participating in the gathering, all in accordance with the security plan promulgated under Section 3 of this ordinance. The permits issued under this section may exclude public assemblies in certain areas defined in the regulations as required in the Convention security traffic control plan prohibit materials objects defined in the regulations in certain areas as defined in the regulations. Section 12. That, notwithsting any Code provisions or ordinances to the contrary, the various City directors are authorized to develop implement policies practices for consolidating applications for expediting review issuance of City licenses, permits, approvals, reviews inspections as required by the laws of the City as need for the Convention related activities to issue a comprehensive convention permit that incorporates various City permits for the Convention, including review approval of a comprehensive signage plan in the Central Business District the major routes into the City as proposed by the Host Committee, in a form acceptable to the Director of Law. Section 13. That the Directors of Public Works, Public Safety, Capital Projects, Finance as applicable to the duties of their respective departments, are authorized to apply for accept any gifts or grants from public or private entities for the purpose of effectuating this ordinance. The appropriate director is further authorized to file all papers execute all documents necessary to receive the funds accepted under this ordinance, upon acceptance of the funds by the appropriate director, they shall be 1043 appropriated for the purposes set forth in this ordinance. Section 14. That the Directors of Public Works, Public Safety, Capital Projects, as applicable to the duties of their respective departments, are authorized to apply pay for permits, licenses, or other authorizations required by any regulatory agency or public authority to permit performance of the work authorized by this ordinance as needed to accommodate the Convention. Section 15. That, notwithsting any Code provisions or ordinances to the contrary, the Director of Port Control is authorized to enter into one or more agreements with the Host Committee for the use of airport lakefront property under the Director s management, including the Burke Lakefront Airport parking areas, as needed for Convention related activities on terms acceptable to the Director. Section 16. That the Director of Public Utilities is authorized to enter into one or more agreements with the Host Committee to provide utility services to the Convention related activities in accordance with the stard terms conditions of the City s utilities. Section 17. That the Directors of Public Works, Public Safety, Capital Projects, as applicable to the duties of their respective departments, are authorized to enter into one or more contracts with the federal government, the State of Ohio, the Greater Clevel Regional Transit Authority, Cuyahoga County, the Gateway Development Corporation, the Clevel-Cuyahoga County Port Authority, Cavaliers Operating Company, LLC, Clevel Indians Baseball Company Limited Partnership, any other entity involved in the Convention process as needed to effectuate the purposes of this ordinance. Section 18. That all agreements authorized by this ordinance shall be approved by the Director of Law contain such terms conditions as necessary to protect the public interest consistent with the purposes of this ordinance. Section 19. That the cost of any expenditure incurred under this ordinance, including all contracts, shall be paid from Fund No.10 SF 963, from the fund or funds to which are credited any grant funds or gifts received under this ordinance, from the fund or funds to which are credited the proceeds of any existing or future bond issue that includes these purposes, from any other funds that are appropriated for this purpose as determined by the Director of Finance. Section 20. That this ordinance is Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0.

36 36 The City Record July 23, 2014 Ord. No By Council Member Reed. the Director of the Department of Public Health to enter into an agreement with Case Western Reserve University School of Medicine for the Lung Cancer Screening Prevention Program through the use of Ward 2 Neighborhood Capital Funds. Section 1. That the Director of the Department of Public Health is authorized to enter into an agreement with the Case Western Reserve University School of Medicine for the Lung Cancer Screening Prevention Program for the public purpose of providing health screenings for the prevention of lung cancer for city of Clevel residents through the use of Ward 2 Neighborhood Capital Funds. Section 2. That the cost of said contract shall be in an amount not to exceed $10,000 shall be paid from Fund No. 10 SF 177. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Economic Development to enter into an amendment to Contract No. CT 9501 LA with West 25th Street Lofts, LLC, or its designee, to change certain repayment terms of the loan. Whereas, under Ordinance No , passed July 20, 2011, this Council authorized the Director of Economic Development to enter into Contract No. CT 9501 LA with West 25th Street Lofts, LLC, or its designee ( West 25th Street Lofts ), to provide economic development assistance to partially finance the soft costs the acquisition of real property located at West 25th Street; Whereas, the City West 25th Street Lofts wish to change certain repayment terms of the loan; Section 1. That the Director of Economic Development is authorized to enter into an amendment to Contract No. CT 9501 LA any collateral documents with West 25th Street Lofts to change certain repayment terms of the loan, which are identified in File No A. Section 2. That the amendment all related documents will be prepared by the Director of Law. Section 3. That this ordinance is Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Reed. the Director of the Department of Community Development to enter into an agreement with Coach Sam s Inner Circle Foundation for the Aiming Higher After-school Program through the use of Ward 2 Casino Revenue Funds. Section 1. That the Director of the Department of Community Development is authorized to enter into agreement with Coach Sam s Inner Circle Foundation for the Aiming Higher After-school Program for the public purpose of providing after-school education health fitness activities for at-risk youth residing in the city of Clevel through the use of Ward 2 casino revenue funds. Section 2. That the cost of said contract shall be in an amount not to exceed $20,000 shall be paid from Fund No. 10 SF 188. Section 3. That the Director of Law shall prepare approve said contract that the contract shall contain such terms provisions as he deems necessary to protect the City s interest. Section 4. That this ordinance is measure, provided it receives the shall take upon its passage approval by the Mayor; otherwise it shall take effect be in force from after the earliest Motion to suspend rules, Charter, statutory provisions place on final passage. third time in full. Passed. Yeas 16. Nays 0. FIRST READING EMERGENCY RESOLUTIONS READ IN FULL AND ADOPTED Res. No By Council Member Conwell. An emergency resolution objecting to the renewal of a C2 C2X Liquor Permit at 1163 East 123rd Street. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; 1044 Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a C2 C2X Liquor Permit, Permit No owned by 123 Food Mart, Inc., DBA USA Food Mart, 1163 East 123rd Street, Clevel, Ohio 44108, requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brancatelli. An emergency resolution objecting to the transfer of ownership of a C1 C2 Liquor Permit to 7910 Harvard Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a C1 C2 Liquor Permit from Reham Food Mart, Inc., DBA Clark Oil, 7910 Harvard Avenue, Clevel, Ohio 44105, Permanent Number to AAAR Gas, Inc., 7910 Harvard Avenue, Clevel, Ohio 44105, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of

37 July 23, 2014 The City Record 37 the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of ownership of a C1 C2 Liquor Permit from Reham Food Mart, Inc., DBA Clark Oil, 7910 Harvard Avenue, Clevel, Ohio 44105, Permanent Number to AAAR Gas, Inc., 7910 Harvard Avenue, Clevel, Ohio 44105, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Mitchell. An emergency resolution withdrawing objection to the renewal of a D5 Liquor Permit at Central Avenue repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a D5 Liquor Permit to Dionne Mae Thomas, DBA Josephine s Lounge, Central Avenue, Clevel, Ohio 44104, Permanent Number by Resolution No , adopted by the Council on July 10, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a D5 Liquor Permit to Dionne Mae Thomas, DBA Josephine s Lounge, Central Avenue, Clevel, Ohio 44104, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Mitchell. An emergency resolution withdrawing objection to the renewal of a C1, C2 D6 Liquor Permit at 3230 East 93rd Street repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a C1, C2 D6 Liquor Permit to Semaan Marketing, Inc., 3230 East 93rd Street, Clevel, Ohio 44104, Permanent Number by Resolution No , adopted by the Council on July 10, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of C1, C2 D6 Liquor Permit to Semaan Marketing, Inc., 3230 East 93rd Street, Clevel, Ohio 44104, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays Res. No By Council Member Polensek. An emergency resolution objecting to a New C1 Liquor Permit at Grovewood Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Wright on Time Take Out, LLC, DBA Wright On Time Take Out, Grovewood Avenue, Clevel, Ohio 44119, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Wright on Time Take Out, LLC, DBA Wright On Time Take Out, Grovewood Avenue, Clevel, Ohio 44119, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption.

38 38 The City Record July 23, 2014 third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Dow. An emergency resolution withdrawing objection to the renewal of a C2 C2X Liquor Permit at 9306 Hough Avenue repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a C2 C2X Liquor Permit to George F. Dixon, DBA Dixon s Grocery, 9306 Hough Avenue, Clevel, Ohio 44106, Permanent Number by Resolution No , adopted by the Council on August 14, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a C2 C2X Liquor Permit to George F. Dixon, DBA Dixon s Grocery, 9306 Hough Avenue, Clevel, Ohio 44106, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution withdrawing objection to the transfer of ownership of a D1, D2, D3, D3A D6 Liquor Permit at 3232 Lakeside Avenue repealing Resolution No , objecting to said transfer. Whereas, this Council objected to the transfer of ownership of a D1, D2, D3, D3A D6 Liquor Permit to 1515 LLC, DBA Bar 216, 3232 Lakeside Avenue basement, Clevel, Ohio 44114, Permanent No by Resolution No adopted by the Council on February 24, 2014; Whereas, this Council wishes to withdraw its objection to the above transfer consents to said transfer; for the usual daily operation of a municipal Section 1. That objection to the transfer of ownership of a, D1, D2, D3, D3A D6 Liquor Permit to 1515 LLC, DBA Bar 216, 3232 Lakeside Avenue basement, Clevel, Ohio 44114, Permanent No , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate transfer thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution objecting to the transfer of location of a D2, D2X, D3 D6 Liquor Permit to 4133 Lorain Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of location of a D2, D2X, D3 D6 Liquor Permit from Cuyahoga Sportservice, Inc., Field Level Level 100 & 300 & 500, 1085 West Third Street, Unit A, Clevel, Ohio 44114, Permanent Number to Plum Café, LLC, 4133 Lorain Avenue, Clevel, Ohio 44113, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, 1046 Section 1. That Council does hereby record its objection to the transfer of location of a D2, D2X, D3 D6 Liquor Permit from Cuyahoga Sportservice, Inc., Field Level Level 100 & 300 & 500, 1085 West Third Street, Unit A, Clevel, Ohio 44114, Permanent Number to Plum Café, LLC, 4133 Lorain Avenue, Clevel, Ohio 44113, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Zone. An emergency resolution withdrawing objection to the renewal of a D5 Liquor Permit at Lorain Avenue West 73rd Street, repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a D5 Liquor Permit to Kloos & Das Co., Inc., DBA Red Pepper Lounge, Lorain Avenue West 73rd Street, Clevel, Ohio 44102, Permanent Number by Resolution No , adopted by the Council on August 14, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a D5 Liquor Permit to Kloos & Das Co., Inc., DBA Red Pepper Lounge, Lorain Avenue West 73rd Street, Clevel, Ohio 44102, be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed

39 July 23, 2014 The City Record 39 Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution withdrawing objection to the renewal of a D1, D2, D3, D3A D6 Liquor Permit at 1204 Old River Road Mezzanine Patio repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a D1, D2, D3, D3A D6 Liquor Permit to Lucic Enterprises, Inc., DBA Lucics, 1204 Old River Road Mezzanine Patio, Clevel, Ohio 44113, Permanent Number by Resolution No , adopted by the Council on July 10, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a C1 Liquor Permit to Lucic Enterprises, Inc., DBA Lucics, 1204 Old River Road Mezzanine Patio, Clevel, Ohio 44113, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution withdrawing objection to the renewal of a D5 D6 Liquor Permit at 2232 Rockwell Avenue repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a D5 D6 Liquor Permit to MPKS, Inc., DBA Alibi Inn, 2232 Rockwell Avenue, Clevel, Ohio 44114, Permanent Number by Resolution No , adopted by the Council on July 10, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a D5 D6 Liquor Permit to MPKS, Inc., DBA Alibi Inn, 2232 Rockwell Avenue, Clevel, Ohio 44114, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brancatelli. An emergency resolution objecting to the transfer of ownership of a D1, D2, D3 D3A Liquor Permit to W. Pearl Road, 1st floor basement. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D1, D2, D3 D3A Liquor Permit from Maddon Enterprises, LLC, DBA Browns Grill, W. Pearl Road, 1st floor basement, Clevel, Ohio 44109, Permanent Number to Reid Ivaskovic, LLC, W. Pearl Road, 1st floor basement, Clevel, Ohio 44109, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of ownership of a D1, D2, D3 D3A Liquor Permit from Maddon Enterprises, LLC, DBA Browns Grill, W. Pearl Road, 1st floor basement, Clevel, Ohio 44109, Permanent Number to Reid Ivaskovic, LLC, W. Pearl Road, 1st floor basement, Clevel, Ohio 44109, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution withdrawing objection to the renewal of a C1 C2 Liquor Permit at 3074 West 14th Street, repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a C1 C2 Liquor Permit to Salbros, Inc., DBA Gas City, 3074 West 14th Street, Clevel, Ohio 44113, Permanent Number by Resolution No , adopted by the Council on July 10, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a C1 C2 Liquor Permit to Salbros, Inc., DBA Gas City, 3074 West 14th Street, Clevel, Ohio 44113, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption

40 40 The City Record July 23, 2014 shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Clevel. An emergency resolution objecting to the transfer of location of a C2 C2X Liquor Permit to 5611 Woodl Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of location of a C2 C2X Liquor Permit from Irving Torres, DBA Tony s Deli, 2177 West 30th Street, 1st floor front, Clevel, Ohio 44113, Permanent Number to Shri Hanuman, Inc., DBA Hometown Grocery, 5611 Woodl Avenue, Clevel, Ohio 44104, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of location of a C2 C2X Liquor Permit from Irving Torres, DBA Tony s Deli, 2177 West 30th Street, 1st floor front, Clevel, Ohio 44113, Permanent Number to Shri Hanuman, Inc., DBA Hometown Grocery, 5611 Woodl Avenue, Clevel, Ohio 44104, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution objecting to a New C1 Liquor Permit at 2033 Ontario Street. Whereas, Council has been notified by the Division of Liquor Control of an application for a New C1 Liquor Permit at Divya Jivan, Inc., DBA Downtown Convenience, 2033 Ontario Street, Clevel, Ohio 44115, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New C1 Liquor Permit at Divya Jivan, Inc., DBA Downtown Convenience, 2033 Ontario Street, Clevel, Ohio 44115, Permanent Number ; requests the Superintendent of Liquor 1048 Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member J. Johnson. An emergency resolution objecting to a Liquor Agency Contract located at Euclid Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for a Liquor Agency Contract at Rida, Inc., DBA Green Lite Beverage & Liquor, Unit D, Euclid Avenue, Clevel, Ohio 44112, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a Liquor Agency Contract at Rida, Inc., DBA Green Lite Beverage & Liquor, Unit D,

41 July 23, 2014 The City Record Euclid Avenue, Clevel, Ohio 44112, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member J. Johnson. An emergency resolution objecting to the transfer of liquor license of a C1, C2 D6 Liquor Permit to Euclid Avenue, Unit D. Whereas, Council has been notified by the Department of Liquor Control of an application for the transfer of liquor license of a C1, C2 D6 Liquor Permit from Rida, Inc., DBA Green Lite Beverage & Liquor, Unit DD, Euclid Avenue, Clevel, Ohio 44112, Permanent Number to Rida, Inc., DBA Green Lite Beverage & Liquor, Unit D, Euclid Avenue, Clevel, Ohio 44112, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Department of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Director of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of liquor license of a C1, C2 D6 Liquor Permit from Rida, Inc., DBA Green Lite Beverage & Liquor, Unit DD, Euclid Avenue, Clevel, Ohio 44112, Permanent Number to Rida, Inc., DBA Green Lite Beverage & Liquor, Unit D, Euclid Avenue, Clevel, Ohio 44112, Permanent Number ; requests the Director of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member J. Johnson. An emergency resolution objecting to a New D3A Liquor Permit at 6201 St. Clair Avenue, 1st floor. Whereas, Council has been notified by the Division of Liquor Control of an application for a New D3A Liquor Permit at Dot & Beanies Tavern, Inc., 6201 St. Clair Avenue, 1st floor, Clevel, Ohio 44103, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; 1049 for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to a New D3A Liquor Permit at Dot & Beanies Tavern, Inc., 6201 St. Clair Avenue, 1st floor, Clevel, Ohio 44103, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brady. An emergency resolution objecting to the renewal of a D5 Liquor Permit at Bosworth Road, 1st floor. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No owned by Masich, Inc., Bosworth Road, 1st floor, Clevel,

42 42 The City Record July 23, 2014 Ohio 44111, requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brancatelli. An emergency resolution objecting to the renewal of a D5 Liquor Permit at 4061 East 71st Street, 1st floor patios. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D5 Liquor Permit, Permit No owned by Big Boss S Barbeque & Lounge, LLC, 4061 East 71st Street, 1st floor patios, Clevel, Ohio 44105, requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brady. An emergency resolution objecting to the renewal of a D1, D2, D3 D3A Liquor Permit at Denison Avenue, 1st floor basement. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1, D2, D3 D3A Liquor Permit, Permit No owned by Bartlett Tavern, LLC, DBA Bonkers Tavern, Denison Avenue, 1st floor basement, Clevel, Ohio 44111, requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, 1050 a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Brady. An emergency resolution objecting to the renewal of a D1, D2, D3 D3A Liquor Permit at Lorain Avenue, 1st floor basement. Whereas, the uniform date for renewal of liquor permits in the State of Ohio is October 1st; Whereas, pursuant to Section of the Revised Code, the legislative authority of a municipal corporation may object to the renewal of a permit based upon legal grounds as set forth in division (A) of Revised Code Section ; Whereas, the applicant is unfit to continue to engage in the liquor permit business in that he has operated his liquor permit business in a manner that demonstrates a disregard for the laws, regulations or local ordinances of the state, that this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code, objections to renewal of liquor permits shall be made no later than thirty days prior to the expiration date of the permit; now, therefore, Section 1. That Council does hereby record its objection to the renewal of a D1, D2, D3 D3A Liquor Permit, Permit No owned by Cyber Weekend Ltd., DBA It s Life, Lorain Avenue, 1st floor basement, Clevel, Ohio 44111, requests the Superintendent of the Division of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County, a statement by the Director of Law that, in the Director s opinion, that the objection is based upon substantial legal grounds within the meaning intent of division (A) of Section of the Revised Code to the Superintendent of the Division of Liquor Control.

43 July 23, 2014 The City Record 43 Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution objecting to the transfer of ownership of a D5 D6 Liquor Permit to 627 Prospect Avenue. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D5 D6 Liquor Permit from Soul Concepts, Inc., DBA Stone Town, 627 Prospect Avenue, E. & Patio, Clevel, Ohio 44115, Permanent Number to Maetab, LLC, DBA Stonetown, 627 Prospect Avenue, Clevel, Ohio 44115, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of ownership of a D5 D6 Liquor Permit from Soul Concepts, Inc., DBA Stone Town, 627 Prospect Avenue, E. & Patio, Clevel, Ohio 44115, Permanent Number to Maetab, LLC, DBA Stonetown, 627 Prospect Avenue, Clevel, Ohio 44115, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution supporting the Alliance for a Healthier Generation Healthy Schools Program the implementation of its framework in the Clevel Metropolitan School District, encouraging all CMSD schools to enroll in the program, build school wellness councils, including teachers/staff, students, parents, community partners, complete the Healthy Schools Program Inventory to assess current school efforts, develop an action plan based on what s important achievable in each school community. Whereas, the City of Clevel Clevel City Council are committed to creating a Healthy Clevel with healthy neighborhoods residents who live healthier lifestyles including being physically active improving nutrition with access to fruits vegetables; Whereas, the Clevel Metropolitan School District (CMSD) has adopted a revised Comprehensive Wellness Policy in April 2013 (Resolution No (B)) to provide procedures to ensure that students receive consistent information education regarding proper nutrition, increased physical activity, the benefits of healthy lifestyle choices through the school, classroom, cafeteria; Whereas, the Alliance for a Healthier Generation (Alliance), founded by the Clinton Foundation the American Heart Association, engages schools using the Healthy Schools Program Framework that identifies specific best practices to create healthier school environments including policy systems, employee wellness, school meals, physical education, health education, student wellness, competitive food beverages; Whereas, the Saint Luke s Foundation of Clevel, Mt. Sinai Health Care Foundation, United Way of Greater Clevel have funded a dedicated Alliance Program Officer for CMSD for the next three years; Whereas, 30.8% of children 30.1% of adults in the state of Ohio are 1051 obese the state ranks 24th (children) 13th (adults) for state obesity ranking; Whereas, Healthy students perform better, attend school more, behave better in class; Whereas, 95% of school-aged youth in the United States attend school; other than home, it is where they spend the most time; Whereas, Children consume nearly 50% of their daily calories while attending school; Whereas, the Alliance Healthy Schools Program reaches 892 schools over 465,000 students in the state of Ohio; Whereas, the CMSD serves 45,900 meals, 16,900 breakfasts, 29,000 lunches per day; Whereas, 79 schools in the CMSD have expressed interest in participating in the Healthy Schools Program; Whereas, five CMSD Schools (Buhrer Dual Language Academy, Douglas MacArthur Girls Leadership Academy, John Marshall High School, Michael R. White STEM School, Ginn Academy) have achieved Bronze Recognition Status by the Alliance for a Healthier Generation; an emergency measure for the immediate preservation of public peace, property, health or safety, now, therefore, Section 1. That this Council supports the Alliance for a Healthier Generation Healthy Schools Program the implementation of its framework in the Clevel Metropolitan School District, encourages all CMSD schools to enroll in the program, build school wellness councils, including teachers/staff, students, parents, community partners, complete the Healthy Schools Program Inventory to assess current school efforts, develop an action plan based on what s important achievable in each school community. Section 2. That this resolution is measure, provided it receives the shall take upon its adoption approval by the Mayor; otherwise it shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cimperman. An emergency resolution objecting to the transfer of ownership of a D5 D6 Liquor Permit to 1276 West 6th Street patio, 1st 2nd floors basement. Whereas, Council has been notified by the Division of Liquor Control of an application for the transfer of ownership of a D5 D6 Liquor Permit from Suroc, Inc., DBA Sushi Rock, 1276 West 6th Street patio, 1st 2nd floors basement, Clevel, Ohio 44113, Permanent Number to 1276 West 6th, LLC,

44 44 The City Record July 23, West 6th Street patio, 1st 2nd floors basement, Clevel, Ohio 44113, Permanent Number ; Whereas, the granting of this application for a liquor permit to this high crime area, which is already saturated with other liquor outlets, is contrary to the best interests of the entire community; Whereas, the applicant does not qualify to be a permit holder /or has demonstrated that he has operated his liquor business in disregard of the laws, regulations or local ordinances of this state or any other state; permit is sought has not conformed to the building, safety or health requirements of the governing body of this County or City; permit is sought is so arranged or constructed that law enforcement officers or agents of the Division of Liquor Control are prevented reasonable access to the establishment; permit is sought is so located with respect to the neighborhood that it substantially interferes with public decency, sobriety, peace or good order; Whereas, this objection is based on other legal grounds as set forth in Revised Code Section ; for the immediate preservation of the public peace, prosperity, safety welfare pursuant to Section of the Ohio Revised Code. Council s objection to said permit must be received by the Superintendent of Liquor Control within 30 days of notification; now, therefore, Section 1. That Council does hereby record its objection to the transfer of ownership of a D5 D6 Liquor Permit from Suroc, Inc., DBA Sushi Rock, 1276 West 6th Street patio, 1st 2nd floors basement, Clevel, Ohio 44113, Permanent Number to 1276 West 6th, LLC, 1276 West 6th Street patio, 1st 2nd floors basement, Clevel, Ohio 44113, Permanent Number ; requests the Superintendent of Liquor Control to set a hearing for said application in accordance with provisions of Section of the Revised Code of Ohio. Section 2. That the Clerk of Council be she is hereby directed to transmit two certified copies of this resolution, together with two copies of a letter of objection two copies of a letter requesting that the hearing be held in Clevel, Cuyahoga County. Section 3. That this resolution is measure, provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cummins. An emergency resolution withdrawing objection to the renewal of a D5 Liquor Permit at 3194 West 25th Street, 1st floor basement repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a D5 Liquor Permit to 3194 Tavern, LLC, DBA Stumble Inn, 3194 West 25th Street, 1st floor basement, Clevel, Ohio 44109, Permanent Number by Resolution No , adopted by the Council on August 14, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a D5 Liquor Permit to 3194 Tavern, LLC, DBA Stumble Inn, 3194 West 25th Street, 1st floor basement, Clevel, Ohio 44109, Permanent Number , be the same is hereby withdrawn Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. Res. No By Council Member Cummins. An emergency resolution withdrawing objection to the renewal of a D2, D2X, D3 D3A Liquor Permit at Fulton Road, 1st floor repealing Resolution No , objecting to said renewal. Whereas, this Council objected to the renewal of a D2, D2X, D3 D3A Liquor Permit to Patricia M. Carr, DBA Crystal Sports Bar, Fulton Road, 1st floor, Clevel, Ohio 44109, Permanent Number by Resolution No , adopted by the Council on August 14, 2013; Whereas, this Council wishes to withdraw its objection to the above permit consents to said permit; for the usual daily operation of a municipal Section 1. That objection to the renewal of a D2, D2X, D3 D3A Liquor Permit to Patricia M. Carr, DBA Crystal Sports Bar, Fulton Road, 1st floor, Clevel, Ohio 44109, Permanent Number , be the same is hereby withdrawn 1052 Resolution No , containing such objection, be the same is hereby repealed that this Council consents to the immediate permit thereof. Section 2. That this resolution is measure provided it receives the shall take upon its adoption shall take effect be in force from after the earliest period allowed Motion to suspend rules, Charter, statutory provisions place on final adoption. third time in full. Adopted. Yeas 16. Nays 0. SECOND READING EMERGENCY ORDINANCES PASSED Ord. No By Council Members K. Johnson Brancatelli (by departmental request). the Director of Capital Projects to issue a permit to NF II Clevel, LLC to encroach into the public rightof-way of Euclid Avenue Prospect Avenue by installing, using, maintaining 2 basement vaults, canopy a canopy/marquee. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members K. Johnson, Brancatelli, Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of repairing renovating the East Side Market parking lot; authorizing the Director of Public Works to enter into one or more public improvement contracts to construct the improvement; authorizing the director to employ one or more professional consultants necessary to design the improvement. Approved by Directors of Public Works, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). the Director of Capital Projects to accept certain easement interests from Geis Tower Hotel Master Llord, LLC for a public sidewalk. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance.

45 July 23, 2014 The City Record 45 third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Brancatelli Kelley (by departmental request). the Director of Community Development to enter into one or more contracts with various housing development entities, or their designees, to implement the Housing Trust Fund Program, for costs associated with various housing activities. Approved by Directors of Community Development, Finance, Law; Passage recommended by Committees on Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members K. Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance to vacate a portion of Luke Road S.E. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Cimperman, K. Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance to vacate a portion of Mulberry Street N.W. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. 15. Nays 0. Read second time. Read third time in full. Passed. Yeas 15. Nays 0. Pursuant to Rule 19 of the Rules of Council, Council Member Cimperman recused himself from the vote regarding Ordinance No Ord. No By Council Members Keane, K. Johnson, Brancatelli Kelley (by departmental request). An emergency ordinance to vacate a portion of Triskett Court N.W. Approved by Directors of Capital Projects, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Cimperman. An emergency ordinance to amend Sections of the Codified Ordinances of Clevel, Ohio, 1976, as amended by Ordinance No , passed April 25, 2011, defining smoking to include alternative nicotine products, including electronic cigarettes, in the smoking ban on City property. Approved by Directors of Public Health, Public Works, Finance, Law; Passage recommended by Committees on Health Human Services, Finance, when amended, as follows: 1. In the title, line 2, strike Sections insert Section In Section 1, line 1, strike Sections insert Section ; in line 2, strike are insert is. 3. In Section 1, at amended Section , strike divisions (d), (e), (f) in their entirety insert new division (d) to read as follows: (d) As used in this Chapter: (1) A. Alternative nicotine product means, subject to division (d)(1)b., an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling. B. Alternative nicotine product does not include any of the following: 1. Any cigarette or other tobacco product; 2. Any product that is a drug as that term is defined in 21 U.S.C. 321(g)(1); 3. Any product that is a device as that term is defined in 21 U.S.C. 321(h); 4. Any product that is a combination product as described in 21 U.S.C. 353(g). (2) A. Electronic cigarette means, subject to division (2)B. of this section, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. B. Electronic cigarette does not include any item, product, or device described in division (1)B. 1. to 4. of this section. (3) Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, other lighted smoking device for burning tobacco or any other plant, or alternative nicotine product, including electronic cigarettes. Smoking does not include the burning of incense in a religious ceremony.. 4. In Section 1, at amended Section (g), line 1, strike (g) Outdoor Area means insert (4) Outdoor Area means. 5. In Section 1, strike the entire text of amended Section in its entirety. 6. In Section 2, line 1, strike Sections insert Section ; in line 2, strike are insert is. 7. In Section 3, line 1, strike Sections insert Section Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Members J. Johnson, K. Johnson, Brancatelli Kelley (by departmental request). the Commissioner of Purchases Supplies to purchase property located at Nottingham Road needed to construct a new entryway to R.J. Taylor Park from Nottingham Road, for the Department of Public Works. Approved by Directors of Public Works, City Planning Commission, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Development Planning Sustainability, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Keane Kelley (by departmental request). An emergency ordinance determining the method of making the public improvement of constructing all necessary infrastructure needed for the South Campus Area Development Project; authorizing the Director of Port Control to enter into one or more public improvement contracts for the making of the improvement; authorizing the Director to employ one or more professional consultants to design the improvement. Approved by Directors of Port Control, City Planning Commission, Finance, Law; Passage recommended by Committees on Transportation, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Kelley (by departmental request). An emergency ordinance to amend Sections 8 39 of Ordinance No , passed March 31, 2014, relating to compensation for various classifications. Approved by Directors of Human Resources, Finance, Law; Passage recommended by Committee on Finance, when amended, as follows: 1. In the title, line 2; in Section 1, line 1; in Section 2, line 1, strike 8 39 insert in all three places. 1053

46 46 The City Record July 23, In Section 1, strike amended Section 8 in its entirety following amended Section 39 insert new Section 41 to read as follows: Section 41. That the appointing authority shall fix the salaries in the following classifications in accordance with the schedule appearing after each classification: Minimum Maximum 1 Assistant Building Official... $42, $142, City Comptroller... 42, , City Treasurer... 42, , Chief Technology Officer... 80, , Commissioner of Accounts... 40, , Commissioner of Administrative Services - Community Development... 40, , Commissioner of Air Quality... 42, , Commissioner of Assessments Licenses... 40, , Commissioner of Burke Airport... 40, , Commissioner of Clevel Hopkins International Airport... 42, , Commissioner of Clevel Public Power... 45, , Commissioner of Code Enforcement... 42, , Commissioner of Construction Permitting... 42, , Commissioner of Emergency Medical Services... 42, , Commissioner of Environment... 42, , Commissioner of Health... 45, , Commissioner of House of Corrections... 40, , Commissioner of Information Technology & Services. 52, , Commissioner of Motor Vehicle Maintenance... 40, , Commissioner of Neighborhood Development... 40, , Commissioner of Real Estate... 40, , Commissioner of Neighborhood Services... 42, , Commissioner of Park Maintenance Properties... 42, , Commissioner of Parking Facilities... 40, , Commissioner of Printing Reproduction... 40, , Commissioner of Property Management... 45, , Commissioner of Purchases Supplies... 42, , Commissioner of Recreation... 42, , Commissioner of Streets... 40, , Commissioner of Traffic Engineering... 42, , Commissioner of Utilities Fiscal Control... 40, , Commissioner of Waste Collection Disposal... 40, , Commissioner of Water... 45, , Commissioner of Water Pollution Control... 40, , Deputy City Treasurer... 26, , Deputy Director Department of Building Housing 36, , Director of Workforce Development... 70, , EMS Pre-Hospital Medical Director... 80, , Income Tax Administrator... 42, , Manager of Administration Public Works... 40, , Manager of Internal Audit... 40, , Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Members K. Johnson Kelley (by departmental request). the purchase by one or more requirement contracts of various onroad vehicles, apparatus, offroad equipment, cabs, bodies, accessories, equipment other aftermarket items necessary to equip the vehicles authorized for their intended purposes, including vehicle rehabilitation, training, inspections, as needed, for the Director of Public Works, for a period of one year. Approved by Directors of Public Works, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Pruitt Kelley (by departmental request). the purchase by one or more requirement contracts of labor materials necessary to maintain the SCADA PCCS Systems, including replacement parts, equipment, computer software, software upgrades, support software, software implementation, system changes, configurations, programming, tuning, upgrades, services support maintenance necessary for the operation of the systems; authorizing the Director to enter into one or more requirement contracts with various companies to provide critical proprietary components for the systems, for 1054 the Divisions of Water, Water Pollution Control, Clevel Public Power, Department of Public Utilities for a period up to two years, with two options to renew for one year, the first of which is exercisable through additional legislative authority. Approved by Directors of Public Utilities, Finance, Law; Passage recommended by Committees on Utilities, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Zone Kelley (by departmental request). the Director of Public Safety to apply for accept a grant from the Ohio Attorney General for the Ohio Drug Use Prevention Program.

47 July 23, 2014 The City Record 47 Approved by Directors of Public Safety, Finance, Law; Passage recommended by Committees on Safety, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Zone Kelley (by departmental request). the Director of Public Safety to apply for accept a grant from the Ohio Office of Criminal Justice Services for the 2014 Ohio Drug Law Enforcement Fund Grant; authorizing the purchase by one or more requirement contracts of materials, equipment, supplies, services needed to implement the grant. Approved by Directors of Public Safety, Finance, Law; Passage recommended by Committees on Safety, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Zone Kelley (by departmental request). the Director of Public Safety to employ one or more professional consultants to perform an information technology assessment to prepare a five-year strategic plan, for the Department of Public Safety s information technology systems. Approved by Directors of Public Safety, Finance, Law; Passage recommended by Committees on Safety, Finance, when amended, as follows: 1. In the title, line 2; in Section 1, first paragraph, line 1; in Section 1, second paragraph, lines 2 4, strike Public Safety insert Finance. 2. In Section 1, second paragraph, lines 6 7, strike approved by the Director of Public Safety certified, insert approved certified. Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Members Zone Kelley (by departmental request). the Director to enter into one or more requirement contracts for the purchase of various types of furniture for the new Midtown Police Station located at 4501 Chester Avenue other police facilities, for the Division of Police, Department of Public Safety, for a period of one year, with two one-year options to renew, exercisable by the Director of Public Safety. Approved by Directors of Public Safety, Finance, Law; Passage recommended by Committees on Safety, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Pruitt Kelley (by departmental request). the purchase by one or more requirement contracts of pumps, electric motors, controls, transformers, circuit breakers, switchgear appurtenances, for materials, equipment, supplies, parts, services necessary to test, maintain repair water pumps, electric motors, controls, transformers, circuit breakers, switchgear appurtenances, including but not limited to inspection, supplies, repairing, testing, labor, installation, if necessary, for the Division of Water, Department of Public Utilities, for a period up to two years, with two options to renew for a one-year period, the first of which is exercisable through additional legislative authority. Approved by Directors of Public Utilities, Finance, Law; Passage recommended by Committees on Utilities, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members Pruitt Kelley (by departmental request). the purchase by one or more requirement contracts of various sized PVC FRE ductline materials, for the Division of Clevel Public Power, Department of Public Utilities, for a period up to two years, with two one-year options to renew, the first of which requires additional legislative authority. Approved by Directors of Public Utilities, Finance, Law; Passage recommended by Committees on Utilities, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Members K. Johnson Kelley (by departmental request). the Directors of Public Works Finance to employ one or more temporary employment agencies to provide professional services to supply temporary seasonal personnel for the Department of Public Works the Project Clean program for the Department of Finance, for a period up to one year. Approved by Directors of Public Works, Finance, Law; Passage recommended by Committees on Municipal Services Properties, Finance. third time in full. Passed. Yeas 16. Nays 0. Ord. No By Council Member Cimperman. An emergency ordinance designating the Wagner Awning Company Building (also known as the Clevel-Akron Bag Company Factory) as a Clevel Lmark. Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0. SECOND READING ORDINANCES PASSED Ord. No By Council Member Zone. An ordinance changing the Use, Area Height Districts of ls located on the east side of West 117th Street on both sides of West 116th Street south of Clifton Boulevard along the railroad tracks as shown on the attached map to General Retail Business, Local Retail Business, Multi-Family Residential, Two Family Residential, a B, C or D Area District a 1, 2 or 3 Height District (Map Change No. 2478). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development, Planning Sustainability, when amended, as follows: 1. Strike Section 4 in its entirety insert the following: Section 4. That the Use, Area Heights Districts of ls bounded described as follows: Beginning at the intersection of W. 116th Street Clifton Boulevard; Thence southerly along the centerline of W. 116th Street to its intersection with the easterly prolongation of the southerly line of a parcel of l conveyed to Carisa White by deed dated April 14, 2000 recorded in Auditor s File Number said parcel also being known as ; Thence westerly along said easterly prolongation southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line to its intersection with the southerly line of a parcel of l conveyed to Holda Rosemary&Rose(Life Est by deed dated March 22, 1985 recorded in Auditor s File Number V said parcel also being known as ; 1055

48 48 The City Record July 23, 2014 Thence westerly along said southerly line to its intersection with the westerly line thereof; Thence northerly along said westerly line its northerly prolongation to its intersection with the northerly line of a parcel of l conveyed to Mc Clell Charles E Mc Clell Doris L by deed dated October 17, 1985 recorded in Auditor s File Number V said parcel also being known as ; Thence easterly along said northerly line its easterly prolongation to its intersection with the centerline of W. 116th Street; Thence northerly along the centerline of W. 116th Street to its intersection with the place of origin; as shaded on the attached map is changed to a Two Family District, a B Area District a 1 Height District.. 2. Strike the existing map insert the following: PPPP 1056 Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Member Zone. An ordinance establishing a Pedestrian Retail Overlay District (PRO) on ls located on the west side of West 117th Street between Detroit Avenue Madison Avenue (Map Change No. 2479). Approved by Directors of City Planning Commission, Law; Passage recommended by Committee on Development, Planning Sustainability, when amended, as follows: 1. In the title, line 3, in Section 1, line 1, strike west side insert north south sides of Detroit Avenue at West 117th Street on the east side in both places. Amendments agreed to. third time in full. Passed. Yeas 16. Nays 0. In compliance with Section 33 of the Charter a copy of the legislation was furnished to each member of Council before final passage. Ord. No By Council Member Cimperman. An ordinance changing the Use District of ls on the east side of W. 11th Street south of Kenilworth from Two Family Residential to Residence Office District (Map Change No. 2490). Approved by Directors of City Planning Commission, Law; Passage 1056 recommended by Committee on Development Planning Sustainability. third time in full. Passed. Yeas 16. Nays 0. SECOND READING EMERGENCY RESOLUTIONS ADOPTED Res. No By Council Members Cimperman Miller, Clevel Kelley (by departmental request). An emergency resolution declaring the intent to vacate a portion of West 20th Street (66.00 feet wide).