NEW LEGISLATION. September 25, 2017

Transcription

1 NEW LEGISLATION September 25, 2017 Temp. No. Introduced Committee Description B-70 9/25/17 Fin An ordinance authorizing the Director of Public Service to enter into a contract or contracts, for the sale of Cuyahoga Falls Bulk Electric System (BES) 138KV assets to American Transmission Systems Inc. (ATSI), a First Energy Subsidiary, and declaring an B-71 9/25/17 Fin An ordinance authorizing the Director of Public Service to enter into a contract or contracts, without competitive bidding, with OMEGA JV1 for the as is purchase of all JV1 assets on City property and to terminate the OMEGA JV1 lease agreement, and declaring an B-72 9/25/17 Fin An ordinance authorizing the Director of Public Service to enter into a contract or contracts for the purchase of two automated packer trucks for use by the Sanitation Division, and declaring an B-73 9/25/17 PI An ordinance authorizing the Director of Public Service to enter into a contract or contracts, according to law, for professional services necessary for engineering, bidding and management of the JV1 upgrade project, and declaring an B-74 9/25/17 PA An ordinance amending Section of the Codified Ordinances, relating to impounding of vehicles in the City of Cuyahoga Falls, and declaring an Please Recycle Waste Paper

2 CALENDAR September 25, 2017 The following legislation will be up for passage at the Council Meeting on September 25, Temp. No. Introduced Committee Description B-64 9/11/17 PZ An ordinance accepting the Planning Commission approval, findings and conditions of the site plan for the construction of a 15,900 square foot warehouse addition for Eagle Elastomer at 70 Cuyahoga Falls Industrial Parkway on Parcel , and declaring an B-65 9/11/17 Fin An ordinance authorizing the Parks and Recreation Board and/or Director of Public Service to enter into a cooperative procurement agreement with The Cooperative Purchasing Network ( TCPN ), waiving competitive bidding for the purchase of products, services, materials and supplies purchased through cooperative purchase agreements administered by TCPN, and declaring an B-66 9/11/17 PA An ordinance authorizing the Mayor to enter into a lease agreement or agreements with Riverside Community Urban Redevelopment Corporation, and declaring an B-67 9/11/17 PI An ordinance authorizing the Director of Public Service to execute a modification of Contract No with Chagrin Valley Paving, Inc, and declaring an B-68 9/11/17 CD An ordinance authorizing the Director of Community Development to enter into a Community Reinvestment Area Tax Exemption Agreement with McHale Group Ltd and Eagle Elastomer Incorporated, and declaring an

3 B-69 9/18/17 PA An ordinance amending the Traffic Control File by providing for installation of various traffic control devices, and declaring an

4 PENDING LEGISLATION September 25, 2017 Temp. No. Introduced Committee Description B-64 9/11/17 PZ An ordinance accepting the Planning Commission approval, findings and conditions of the site plan for the construction of a 15,900 square foot warehouse addition for Eagle Elastomer at 70 Cuyahoga Falls Industrial Parkway on Parcel , and declaring an B-65 9/11/17 Fin An ordinance authorizing the Parks and Recreation Board and/or Director of Public Service to enter into a cooperative procurement agreement with The Cooperative Purchasing Network ( TCPN ), waiving competitive bidding for the purchase of products, services, materials and supplies purchased through cooperative purchase agreements administered by TCPN, and declaring an B-66 9/11/17 PA An ordinance authorizing the Mayor to enter into a lease agreement or agreements with Riverside Community Urban Redevelopment Corporation, and declaring an B-67 9/11/17 PI An ordinance authorizing the Director of Public Service to execute a modification of Contract No with Chagrin Valley Paving, Inc, and declaring an B-68 9/11/17 CD An ordinance authorizing the Director of Community Development to enter into a Community Reinvestment Area Tax Exemption Agreement with McHale Group Ltd and Eagle Elastomer Incorporated, and declaring an B-69 9/18/17 PA An ordinance amending the Traffic Control File by providing for installation of

5 various traffic control devices, and declaring an

6 B-70 Presented by the Administration CITY OF CUYAHOGA FALLS, OHIO ORDINANCE NO AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT OR CONTRACTS, FOR THE SALE OF CUYAHOGA FALLS BULK ELECTRIC SYSTEM (BES) 138KV ASSETS TO AMERICAN TRANSMISSION SYSTEMS INC. (ATSI), A FIRST ENERGY SUBSIDIARY, AND DECLARING AN EMERGENCY. WHEREAS, the City owns a 138KV Ring Bus at the Valley Substation, a 138KV Ring Bus at the Theiss Substation, 1.87 miles of 138KV lines on Portage Trail Extension and related equipment; and WHEREAS, American Transmission Systems Inc. (ATSI) is a First Energy subsidiary; and WHEREAS, recent Federal Energy Regulatory Commission (FERC), North American Electric Reliability Corporation (NERC) and PJM Interconnection LLC (PJM) regulations require the Cuyahoga Falls Electric System to become a NERC and PJM transmission owner, thereby substantially increasing the number of regulations imposed upon the Cuyahoga Falls Electric System; and WHEREAS, ATSI provides the City transmission services to the aforementioned equipment. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cuyahoga Falls, County of Summit and State of Ohio, that: Section 1. The Director of Public Service is hereby authorized to enter into a contract or contracts with ATSI for the sale of a 138KV Ring Bus at the Valley Substation, a 138KV Ring Bus at the Theiss Substation, 1.87 miles of 138KV lines on Portage Trail Extension and related equipment and appurtenances. Section 2. Any other ordinances and resolutions or portions of ordinances and resolutions inconsistent herewith are hereby repealed, but any ordinances and resolutions or portions of ordinances and resolutions not inconsistent herewith and which have not previously been repealed are hereby ratified and confirmed. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public,

7 in compliance with all legal requirements including Chapter 107 of the Codified Ordinances. Section 4. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of Cuyahoga Falls, and provided it receives the affirmative vote of two-thirds of the members elected or appointed to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Passed: President of Council Clerk of Council Approved: Mayor 9/25/17 O:\2017ords\sell-equipment to First-Energy.doc

8 B-71 Presented by the Administration CITY OF CUYAHOGA FALLS, OHIO ORDINANCE NO AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT OR CONTRACTS, WITHOUT COMPETITIVE BIDDING, WITH OMEGA JV1 FOR THE AS IS PURCHASE OF ALL JV1 ASSETS ON CITY PROPERTY AND TO TERMINATE THE OMEGA JV1 LEASE AGREEMENT, AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of Cuyahoga Falls, County of Summit and State of Ohio, that: Section 1. The Director of Public Service is hereby authorized to enter into a contract or contracts, without competitive bidding, with OMEGA JV1 for the purchase of all JV1 assets on City property and to terminate the OMEGA JV1 lease agreement. Section 2. The Director of Finance is hereby authorized and directed to make payment for same from the Electric Fund, line item Capital Outlay. Section 3. Any other ordinances and resolutions or portions of ordinances and resolutions inconsistent herewith are hereby repealed, but any ordinances and resolutions or portions of ordinances and resolutions not inconsistent herewith and which have not previously been repealed are hereby ratified and confirmed. Section 4. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements including Chapter 107 of the Codified Ordinances. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of Cuyahoga Falls and the inhabitants thereof, and provided it receives the affirmative vote of two-thirds of the members elected or appointed to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Passed: President of Council Clerk of Council Approved Mayor 9/25/17 O:\2017ords\JV1 Purchase.doc

9 B-72 Presented by the Administration CITY OF CUYAHOGA FALLS, OHIO ORDINANCE NO AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT OR CONTRACTS FOR THE PURCHASE OF TWO AUTOMATED PACKER TRUCKS FOR USE BY THE SANITATION DIVISION, AND DECLARING AN EMERGENCY. BE IT ORDAINED by the Council of the City of Cuyahoga Falls, County of Summit and State of Ohio, that: Section 1. The Director of Public Service is hereby authorized to enter into a contract or contracts for the purchase of two automated packer trucks including installation of standard equipment through the NJPA bid or any other source having a price equal to or lower than that provided by the NJPA bid. Any requirement for competitive bidding is hereby suspended. Section 2. The Director of Finance is hereby authorized and directed to make payment for same from Sanitation Fund, line item Capital Outlay. Furthermore, the Director of Finance is hereby authorized to increase appropriations in the Sanitation Fund, line item Capital Outlay by $650,000. Section 3. Any other ordinances and resolutions or portions of ordinances and resolutions inconsistent herewith are hereby repealed, but any ordinances and resolutions or portions of ordinances and resolutions not inconsistent herewith and which have not previously been repealed are hereby ratified and confirmed. Section 4. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Chapter 107 of the Codified Ordinances. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of Cuyahoga Falls and the inhabitants thereof, and provided it receives the affirmative vote of two-thirds of the members elected or appointed to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Passed: President of Council Clerk of Council Approved: Mayor 9/25/17 O:\2017ords\Packer Trucks Sanitation.doc

10 B-73 Presented by the Administration CITY OF CUYAHOGA FALLS, OHIO ORDINANCE NO AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT OR CONTRACTS, ACCORDING TO LAW, FOR PROFESSIONAL SERVICES NECESSARY FOR ENGINEERING, BIDDING AND MANAGEMENT OF THE JV1 UPGRADE PROJECT, AND DECLARING AN EMERGENCY. WHEREAS, the City plans to purchase the JV1 generators and use them for peak shaving. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cuyahoga Falls, County of Summit and State of Ohio, that: Section 1. The Director of Public Service is hereby authorized to enter into a contract or contracts, according to law, for professional services necessary for engineering, bidding and management of the JV1 upgrade project. Section 2. The Director of Finance is hereby authorized and directed to make payment for same from the Electric Fund, line item Capital Outlay. Section 3. Any other ordinances and resolutions or portions of ordinances and resolutions inconsistent herewith are hereby repealed, but any ordinances and resolutions or portions of ordinances and resolutions not inconsistent herewith and which have not previously been repealed are hereby ratified and confirmed. Section 4. It is hereby found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Chapter 107 of the Codified Ordinances. Section 5. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of Cuyahoga Falls, and provided it receives the affirmative vote of two-thirds of the members elected or appointed to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Passed: President of Council Clerk of Council Approved: Mayor 9/25/17 O:\2017ords\JV1 Upgrade Project.doc

11 B-74 Presented by the Administration CITY OF CUYAHOGA FALLS, OHIO ORDINANCE NO AN ORDINANCE AMENDING SECTION OF THE CODIFIED ORDINANCES, RELATING TO IMPOUNDING OF VEHICLES IN THE CITY OF CUYAHOGA FALLS, AND DECLARING AN EMERGENCY. WHEREAS, the towing of vehicles from private property has become difficult and costly for towing companies due to changes in state law; and WHEREAS, the City of Cuyahoga Falls has an interest in allowing private property owners to have unwanted vehicles removed from their property by a police authorized tow. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Cuyahoga Falls, County of Summit, and State of Ohio, that: Section 1. Section (a)(18) of the Codified Ordinances of the City of Cuyahoga Falls is hereby added to read in full as follows (new text double underlined; deleted text in strikethrough): SECTION IMPOUNDING OF VEHICLES; NOTICE TO OWNER. (a) Police officers are authorized to provide for the removal and impounding of vehicles under the following circumstances: (1) When any vehicle is left unattended upon any street right of way or upon any public or private property and there is an immediate emergency, hazard or threat to property or public safety. (2) When any vehicle is left upon any public or private property in a lawfully designated and marked fire lane. (3) When any vehicle is left unattended upon any street right of way or bridge or in any tunnel when such vehicle constitutes a hazard or obstruction to the normal movement of traffic, or unreasonably interferes with street cleaning, street maintenance, repair, or snow removal operations. (4) When any vehicle is left unattended upon any street right of way in excess of twenty-four consecutive hours, or upon any other public property, whether owned or controlled by the City or Board of Education, County, State or Federal government, in excess of forty-eight consecutive hours. (5) When any vehicle is left unattended on any street or other public property and is not parked entirely within the marked individual parking space. (6) When any vehicle is left unattended in excess of ten minutes in the City Hall parking lot spaces which are designated as limited to ten minutes for payment of utility bills. (7) When any vehicle is left unattended in the Natatorium parking area and the operator thereof is not a patron or staff member of the Natatorium. (8) When any vehicle is left unattended and blocks the ingress or egress to any private street or any public or private driveway or other property including the high school circular drive, without obtaining permission of the owner or other person lawfully authorized to give such permission. (9) When any vehicle does not bear current lawful license plates and is operated or unattended on any street or right of way or other public property or any private property open to the public for purposes of vehicular travel or parking. (10) When any vehicle has been damaged or wrecked so as to be inoperable or violates equipment provisions of this Traffic Code whereby its continued operation would constitute a condition hazardous to life, limb or property. (11) When any vehicle is left unattended due to the removal of an ill, injured or arrested operator.

12 (12) When any vehicle has been operated by any person who is driving without a lawful license or while his license has been suspended or revoked. (13) When any vehicle has been operated by any person who has failed to stop in case of an accident or collision. (14) When any vehicle has been stolen or operated without the consent of the owner. (15) When any vehicle has been used in or connected with the commission of a felony. (16) When any vehicle is found for which three or more citation tags for violations of this Traffic Code have been issued and the owner or operator thereof has failed to respond to such citation tags as lawfully required. (17) When any vehicle is left unattended within the Front and Center Urban Renewal Project, on public or private property, and blocks ingress or egress for delivery, sanitation pickup, utility vehicles, maintenance purposes or emergency services. (18) Upon complaint of a person in lawful control of a premises, an officer may order the impounding of any motor vehicle that has been left on private property without the permission of the property owner for at least 48 hours. The person in control of the premises shall sign an affidavit, attesting that they are in lawful control of the property, that the motor vehicle has been there for at least 48 hours without the property owner s permission, and that they authorize the removal of the motor vehicle. (b) The Police Department shall forthwith take reasonable steps to notify the registered vehicle owner of the fact of such removal and impounding, reasons therefor and the place of storage. (c) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. Section 2. Any other ordinances and resolutions or portions of ordinances and resolutions inconsistent herewith are hereby repealed but any ordinances and resolutions or portions of ordinances and resolutions not inconsistent herewith and which have not previously been repealed are hereby ratified and confirmed. Section 3. It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and all deliberations of this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Chapter 107 of the Codified Ordinances. Section 4. This ordinance is hereby declared to be an emergency measure necessary for the preservation of the public peace, health, safety, convenience and welfare of the City of Cuyahoga Falls and the inhabitants thereof and provided it receives the affirmative vote of two-thirds of the members elected or appointed to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force at the earliest period allowed by law. Passed: President of Council Clerk of Council Approved Mayor 9/25/17 O:\2017ords\Amend IMPOUNDING OF VEHICLES.doc