DOCKET

OF A MEETING OF

THE LAKE' WOOD CITY COUNCIL

TO BE HELD IN THE COUNCIL CHAMBERS

LAKE' WOOD CITY HALL - 12650 DETROIT AVENUEMARCH 2, 2015

7: 30 P.M.

The Regular Meetings of Lakewood City Council shall be held on the first and third Mondays ofeach month at 7: 30 P. M., except that when such meeting date falls on a holiday such meeting shall insteadbe held on the following day. A Docket and Agenda of the business proposed to be transacted by Councilwill be available in the Clerk' s Office and on the City' s website www.onelakewood.com after 4 PM on theFriday before a Council meeting.

Section 121. 08 of the Codified Ordinances of the City of Lakewood establishes rules for the publicto follow when speaking before Council:

ADDRESSING COUNCIL — The President may recognize any non - member for addressingCouncil on any question then pending. hr such cases, the person recognized shall address the chair, statehis or her name and address and the subject matter he or she desires to discuss. Speakers must becourteous in their language and avoid personalities. When addressed by the Chair, the speaker must yieldthe floor and comply with all rulings of the chair, said rulings not being open to debate. Except withpermission of Council specifically given, speakers shall be limited to five minutes. No person who hashad the floor shall again be recognized until all others desiring an opportunity to speak have been givenan opportunity to do so.

AGENDA ITEMS PROTOCOL:

The Clerk at the beginning of the meeting will present the AGENDA ITEMS sign -in sheet to the Presidentof Council. Speakers will be called to address Council by the Chair. A citizen must first write his or her name, address and agenda item number on the designated sign -in sheet in order to be recognized.

PUBLIC COMMENT PROTOCOL:

The clerk at the end of the meeting will present the PUBLIC COMMENT sign -in sheet to the President ofCouncil. Public Comment will be welcomed at the end of a Council Meeting on miscellaneous issues or issues otherthan agenda items. A citizen must fast write his or her name, address and topic on the designated sign -in sheet inorder to be recognized. The forum is not designed to be a question and answer session.

I. Pledge ofAllegiance

II. Moment of Silence

III. Roll Call

Reading & disposal of the minutes of the Regular Meeting of Council held January 20, 2015Reading & disposal of the minutes of the Regular Meeting of Council held February 2, 2015Reading & disposal of the minutes of the Regular Meeting of Council held February 17, 2015

Reports, legislation and communications from Members of Council, the Mayor and other CityOfficials.

OLD BUSINESS * * **

Committee of the Whole Report regarding February 23, 2015 & March 2, 2015

Committee meetings addressing Letter of Intent submitted to Lakewood City Council bythe Lakewood Hospital Association ( LHA) the Lakewood Hospital Foundation ( LHF) and Cleveland Clinic. Committee Report regarding 8771 -14 & March 2, 2015 meeting. To be provided) Chair; Madigan

2. RESOLUTION NO. 8771 -14 A RESOLUTION to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take

effect and be in force after the earliest period allowed by law, appointingto the Planning Commission for the six -year term beginning

January 1, 2015 and ending December 31, 2020. ( Referred to the Committee of theWhole 11/ 3/ 14, Deferred 1/ 20/ 15, 2/2/ 15, 2/ 17/ 15) ( Pg. 6)

3. Rules & Ordinances Committee Report regarding Ordinance No. 61 - 14. ( To Be

Provided) Chair; O' Leary.

4. ORDINANCE NO. 61 -14 — AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take

effect at the earliest period allowed by law, to approve the editing and inclusion of certainordinances and resolutions as parts of the various component codes of the CodifiedOrdinances and to provide for the publication of such new matters. ( PLACED ON 1sT

READING & REFERRED TO THE RULES & ORDINANCES COMMITTEE

12/ 15/ 14, 2ND READING 1115115) ( Pg.7)

5. ORDINANCE NO. 5 -15 - AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take

effect and be in force after the earliest period allowed by law, law authorizing the transferand advance of certain funds. ( PLACED ON

Is'

READING & REFERRED TO THE

FINANCE COMMITTEE 2/ 17/ 15) ( Pg. 9)

6. ORDINANCE NO. 6 -15 - AN ORDINANCE to take effect immediately provided it receivesthe affirmative vote of at least five members of Council, or otherwise to take effect at the earliest

period allowed by law, authorizing the issuance of notes in the amount of not to exceed12, 027, 000 in anticipation of the issuance of bonds to pay costs of (i) improving Madison Avenue

by providing new traffic signalization; ( ii) improving and renovating the refuse facility; ( iii) replacing the roof on city hall; ( iv) resurfacing Atkins Avenue, Arlington Road, Arthur Avenue, Blossom Park Avenue, Brockley Avenue, Clifton Boulevard, Cranford Street, Cove Avenue, Donald Street, Hird Avenue, Lakeland Road, Lakeland Avenue, Larchmont Avenue, LauderdaleAvenue, Lewis Drive, Madison Avenue, McKinley Avenue, Marlowe Avenue, Morrison Avenue, Nicholson Street, North Marginal Street, Northland Avenue, Olive Avenue, Overlook Road, SouthMarginal Street, St. Charles Avenue, Summit Avenue, Wascana Avenue, Waterbury Road, Woodward Avenue, Woodward Sheet, Wyandotte Avenue, and other streets located within the city;

v) improving Detroit Avenue, Franklin Street, Hilliard Street and Madison Avenue by providingnew and upgraded traffic signalization and pedestrian signals; ( vi) improving the municipal garageventilation system; ( vii) improving parks within the city, including Lakewood Park, Wagar Parkand the Lakewood Park skate house, together with all necessary appurtenances thereto; ( viii)

2

reconstructing Madison Avenue; ( ix) constructing a sheet pile bulkhead, docks and a parkingarea, together with all necessary appurtenances thereto; ( x) improving sidewalks within the city, xi) replacing a salt storage facility and ( xii) improving the sewer system in the city by

constructing the West End sewer separation project and a new sanitary sewer and improvementsand renovations to the existing sanitary sewers and storm water sewers along Edgewater Drive, together with all necessary appurtenances thereto, and retiring notes previously issued for suchpurpose; and approving related matters. ( PLACED ON

1sT

READING & REFERRED TO

THE FINANCE COMMITTEE 2/ 17/ 15) ( Pg. 11)

7. ORDINANCE NO. 7 -15 — AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take effect

at the earliest period allowed by law, authorizing the issuance of notes in the amount of notto exceed $ 2,000,000 in anticipation of the issuance of bonds; to pay costs of West Endsewer separation project, together with all necessary appurtenances thereto. ( PLACEDON 1sT READING & REFERRED TO THE FINANCE COMMITTEE 2/ 17/ 15) ( Pg.20)

8. ORDINANCE NO. 8 -15 - AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of council, or otherwise to take effect

at the earliest period allowed by law, authorizing the issuance of notes in the amount of notto exceed $ 1, 500,000 in anticipation of the issuance of bonds; to pay the costs of

resurfacing Arthur Avenue, Carabel Avenue, Cliffdale Avenue, Cook Avenue, CranfordAvenue, Edgewater Drive, Edwards Avenue, Garfield Avenue, Kenneth Avenue, LakePoint Drive, Maile Avenue, Nicolson Avenue, Ogontz Avenue, Owego Avenue, RockwayAvenue, Sloane Subway, South Marginal Drive, St. Charles Avenue, and other streetslocated within the city. ( PLACED ON

Is'

READING & REFERRED TO THE

FINANCE COMMITTEE 2/ 17/ 15) ( Pg. 28)

9. ORDINANCE NO. 9 -15 - AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take effect

at the earliest period allowed by law, authorizing the issuance of notes in the amount of notto exceed $ 950, 000 in anticipation of the issuance of bonds; to pay the costs of improvingparks within the city, including Lakewood Park, together with all necessaryappurtenances thereto. ( PLACED ON 1" READING & REFERRED TO THE

FINANCE COMMITTEE 2/ 17/ 15) ( Pg. 36)

10. ORDINANCE NO. 10 -15 - AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take effect

at the earliest period allowed by law, authorizing the issuance of notes in the amount of notto exceed $ 650,000 in anticipation of the issuance of bonds; to pay costs of improvingsidewalks within the city. ( PLACED ON

1sT

READING & REFERRED TO THE

FINANCE COMMITTEE 2/ 17/ 15) ( Pg. 44)

11. ORDINANCE NO. 11 -15 - AN ORDINANCE to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take effect

at the earliest period allowed by law, authorizing the issuance ofnotes in the amount of notto exceed $ 250,000 in anticipation of the issuance of bonds; and to pay the costs of . replacing or improving the roofs of city hall, city hall annex, Winterhurst ice rink and the

3

city' s service garage. ( PLACED ON1sT

READING & REFERRED TO THE FINANCE

COMMITTEE 2/ 17/ 15) ( Pg. 52)

12. ORDINANCE NO. 12 -15 - AN ORDINANCE amending Chapter 145, Keep LakewoodBeautiful Board, of the Codified Ordinances of the City of Lakewood, in order to updatethe code regulating the composition and duties of this board. ( PLACED ON 1sTREADING & REFERRED TO THE PUBLIC WORKS COMMITTEE 2/ 17/ 15)( Pg. 60)

13. RESOLUTION NO. 8794 -15 - A RESOLUTION to take effect immediately provided itreceives the affirmative vote of at least five members of Council, or otherwise to take

effect and be in force after the earliest period allowed by law, establishing a pilotprogram in western Lakewood to remove clean water sources from the City' s sanitarysewer system in the furtherance of the City' s permitting under the Ohio EnvironmentalProtection Agency; authorizing the Mayor ( Director of Public Safety), the Director ofPublic Works, the Director of Law, the Director of Finance and /or the PurchasingManager to enter into contracts for professional services for the pilot program, and toadvertise for bids and enter into contracts for the purchase of repair, maintenance and

operating supplies, services and equipment for the pilot program as authorized by theAdministrative Code of the City of Lakewood with the lowest and best bidder or biddersor as otherwise provided by law in an amount not to exceed $ 900, 000.00; declaring anuisance; and identifying resident payment options under the pilot program. ( 1st Readingand referred to the Public Works Committee 2/ 17/ 15) ( Pg. 65 )

NEW BUSINESS * * **

14. Communication from Councilmember Juris regarding Appointment of DonnaldHeckelmoser to The Citizens Advisory Committee. ( Pg.76)

15. Communication from Councilmember Marx regarding scheduling hearing for publicinput on health management in Lakewood. ( Pg. 77)

16. Communication from Mayor Summers regarding Mayoral appointment to the LakewoodCitizens Advisory Committee. ( Pg.79)

17. Communication from Mayor Summers regarding Mayoral appointment to the LakewoodLoan Approval Board. ( Pg. 80)

18. Communication from Mayor Summers regarding MOU with Lakewood City SchoolDistrict over future project of mutual benefit. ( Pg. 81)

19. RESOLUTION NO. 8795- 15 — A RESOLUTION authorizing the Mayor to enter into anagreement with the Superintendent of the Lakewood City School District committing theCity of Lakewood to a memorandum of understanding regarding the City' s exploration ofa future project of mutual benefit to the City and the School District. ( Pg. 82)

4

20. Communication from Law Director Butler regarding Updates to Chapter 143, CityRecords Commission. ( Pg. 87)

21. ORDINANCE NO. 13 -15 — AN ORDINANCE amending Chapter 143, City RecordsCommission, of the Codified Ordinances of the City of Lakewood, in order to update thecode regulating the composition and duties of the commission. ( Pg. 88)

22. Liquor Permit Application for a D2 TREX to Bevy in Birdtown 12112 Madison Avefrom Cincinnati, Oh 45239. ( Pg. 95)

23. Liquor Permit Application for D5, D6 to Citizens Eatery, 14600 Detroit Ave, fromPacers same address. ( Pg. 96)

24. Liquor Permit Application for D2, D2X, D3, D3A, D6 stocks to Barrio, 15527 -33

Madison Ave. ( Pg.97)

5

i

RESOLUTION NO. 8771 - 14

REFERRED TO Committee of the Whole 11/ 3/ 14.

DEFERRED 1/ 20/ 15.

DEFERRED 2/ 17/ 15.

BY:

DEFERRED 2/ 2/ 15.

A RESOLUTION to take effect immediately provided it receives the affirmative voteof at least five members of Council, or otherwise to take effect and be in force after theearliest period allowed by law, appointing to the Planning

Commission for the six -year term beginning January 1, 2015 and ending December 31, 2020.

WHEREAS, the end of a term has caused a vacancy on the Planning Commissionbeginning January 1, 2015, in a seat occupied by a Council appointee, thus requiring anappointment to the commission; and

WHEREAS, this Council by a vote of at least five of its members determines that thisresolution is an emergency measure and that it shall take effect at the earliest date possible asset forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City ofLakewood, and that it is necessary for the immediate preservation of the public property, health and safety, and to provide for the usual daily operation of municipal departments inthat the position to be occupied by this appointee is currently vacant; now, therefore

BE IT RESOLVED BY THE CITY OF LAKEWOOD:

Section 1. Council appoints to the Planning Commission

for the six -year term beginning January 1, 2015 and ending December 31, 2020.

Section 2. It is found and determined that all formal actions of this Councilconcerning and relating to the passage of this resolution were passed in open meetings of thisCouncil and that all deliberations of this Council and any of its committees that resulted insuch actions were in meetings open to the public and in compliance with legal requirements.

Section 3. This resolution is hereby declared to be an emergency measure necessaryfor the immediate preservation of the public peace, property, health, safety and welfare in theCity and for the usual daily operation of the City for the reasons set forth and defined in thepreamble to this ordinance, and provided it receives the affirmative vote of at least five ofmembers of Council, this resolution shall take effect and be in force immediately upon itsadoption by the Council and approval by the Mayor, or otherwise it shall take effect and be inforce after the earliest period allowed by law.

Adopted: PRESIDENT

CLERK

Approved: MAYOR

PLACED ON 1ST READING & REFERRED TO THE

RULES & ORDINANCES COMMITTEE 12/ 15/ 14.

PLACED ON 2ND READING 1/ 51] 5.

ORDINANCE NO. 61 - 14BY:

AN ORDINANCE to take effect immediately provided it receives the affirmative vote ofat least five members of Council, or otherwise to take effect at the earliest period allowed by law,

e.

component

tcodesr

ofthe Codified Ordinances oand to provide for the publicationon of such new

matter.

WHEREAS, the Walter H. Diane Company has completed a quarterly revision andupdating of the Codified Ordinances of the City; and

WHEREAS, various ordinances and resolutions of a general and permanent nature thathave been passed by Council but not yet included in the Codified Ordinances of the City havenow been made a part thereof; and

WHEREAS, this Council by a vote of at least five of its members. determines that thisordinance is an emergency measure and that it shall take effect immediately, as set forth inArticle III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood, andthat it is necessary for the immediate preservation of the public property, health, and safety andto provide for the usual daily operation of municipal departments, in that the publication anddistribution of the 2014 Replacement Pages for the Codified Ordinances of the City of Lakewoodshould be conducted at the earliest date possible; now, therefore,

BE IT ORDAINED BY CITY OF LAKEWOOD, OHIO: Section 1. The editing, arrangement and numbering and renumbering of the following

ordinances and resolutions and parts of ordinances and resolutions are hereby approved as partsof the various component codes of the Codified Ordinances of the City, so as to conform to theclassification and numbering system of the Codified Ordinances:

Ord. No. Date C.O. Section

24 -14 10 -6 -14 129.60

30 -14 9 -2 -14 129.33, 506.04, 901. 18, 1160. 14, 1306.44, 1306.72, 1321. 02, 1321. 03, 1323. 04, 13023. 05

33 -14 10 -6 -14 111. 15

34. 14 11 -3 -14 737.01 to 737. 11,

Section 2. The Second Amended Charter published in the Codified Ordinances is theofficial charter of the City of Lakewood.

Section 3. It is found and determined that all formal actions of this Council concerningand relating to the passage of this ordinance were adopted in an open meeting of this Council andthat all such deliberations of this Council and of any of its committees that resulted in suchformal action were in meetings open to the public in compliance with all legal requirements.

7

Section 4. This ordinance is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in its preamble, and provided it receives the affirmative vote of at least five members of Council this ordinanceshall take effect and be in force immediately, or otherwise shall take effect and be in force afterthe earliest period allowed by law.

Adopted:

Approved:

President of Council

Clerk of Council

Mayor

PLACED ON 1ST READING & READING &

REFERRED TO THE FINANCE

2/ 17/ 15.

ORDINANCE NO. 5 - 15BY:

AN

at least five of Council, oreotherwise

l

tolttake effect

it

and be in force

affirmative

fter the earliest

period allowed by law, law authorizing the transfer and advance of certain funds.

celis an emergencymeasure, and that this lordinance

r

hall take effect atthe earliest date

set

ordinance

possible

Lakewood, and

Article

t it is

III, for the immediate preservation of the public peace,

Cityproperty, health and safety, and to provide for the usual daily operation of municipal departmentsto provide for the usual daily operation of the City in that the City must record all financialtransactions within the appropriate fiscal period; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The Director of Finance is hereby authorized to make the following transfers

Section 2. It is found and determined that all formal actions of this Council concerning

and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of this Council and of any of its committees that resulted in suchformal action were in meetings open to the public in compliance with all legal requirements.

Section 3. This ordinance is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in the preamble, and provided it receives the affirmative vote of at least five members of Council, this ordinanceshall take effect and be in force immediately upon its adoption by the Council and approval bythe Mayor, or otherwise it shall take effect and be in force after the earliest period allowed bylaw.

Adopted:

Approved:

10

President of Council

Clerk of Council

Mayor

PLACED ON 1st REading & referred to Finance Cmte

2 / 17 / 15 . SERIEs 2015VARIOUS pURPOSEIb>PROVESmNTNOrFS jEMN0TN0>

By: ORDINANCE NO. 6 - 15

AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at leastfive members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing theimproving and renovatingissuance of notes in the amount of not to exceed $ 12, 027, 000 in anticipation of the issuance of bonds to pay

costs of (i) improving Madison Avenue by providing new traffic

esurfac'mgtrAtkins Avenue, Arlington Road, the refuse facility; ( iii) replacing the roof on city hall; ( iv) Arthur Avenue, Blossom Park Avenue, Brockley

Avenue,

ke]andlrAvenae, Larcrhmont Avenue, LauderdaleAvenue, Donald Sheet, Hird Avenue, Lakeland Road, Avenue, Lewis Drive, Madison Avenue, McKinley Avenue, Marlowe Avenue, Morrison Avenue, Nicholson Street, North Marginal Street, Northland Avenue, Olive Avenue, Overlook Road, South Marginal

mr roving DetroitSheet,

onSt. Charles Avenue, Summit Avenue, Wascana Avenue, Waterbury Road, Woodward venue, Woodward Street, Wyandotte Avenue, and other streets located within

ovidn cnew( and upgraded traffic

Avenue, Franklin Street, Hilliard Street and Madison Avenue by p g

signalization and pedestriansignals; (vi) improving the municipal

ar Park and the

ventilation

Lakewood Parkrskaephouse,

parks within the city, includingLakewood Park, Wag reconstructing Madison Avenue; ( ix)

together with all necessaryappurtenances

thereto; ( viii) appurtenances

constructing a sheet pile bulkhead, docks and a parking area, together with all necessary appthereto; ( x) improving sidewalks within the city, (xi) replacing a salt storage facility and ( xii) improvingthe sewer system in the city by constructing the West End sewer separation project and a new sanitary

water sewers along

sewer andimprovements and renovations to the

urtenanir

ces thereto, and retiring nottes previously issued

Edgewater Drive, together with all necessary appfor such purpose; and approving related matters.

WHEREAS, the City Council ( the " Council ") of the City of Lakewood, Ohio ( the " City ") hasissued notes dated Apr

amount of $12, 027,000, which will matureApril 14, 2014, in the aggregate In amo

April 10, 2015 ( the " Outstanding Notes"), in anticipation of the issuance of bonds described herein; andWHEREAS, it appears advisable in lieu of issuing bonds at this time to issue new notes in

anticipation of the issuance of bonds, and to retire all, or a portion of, the Outstanding Notes; andWHEREAS, the Director of Finance ( the " Director of Finance ") of the City has certified to this

Council that the estimated life of the improvement stated in the title of this ordinance ( the "Project") whichis to be financed with the proceeds of bonds and notes hereinafter referred to exceeds five years, themaximum maturity of bonds being 19 years and notes being 19 years; and

WHEREAS, this Council by a vote of at least five of its members determines that this ordinanceis an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forthhealth andin Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood ( the

Charter "), and that it is necessary for the immediate preservation of the public property, safety, and to provide for the usual daily operations of municipal departments and further to allow theCity to issue the notes with other notes to be issued by the City into a consolidated issue and obtainsavings in the issuance of the notes; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

the City

Section

in the principal

J_ssuance of Bonds. exceed $ 2,027,000, for the purposeo

herebyofpayng the costPaying

Project.

11

A. AIKiv7

Section 2. Trms ° interest

B

at the mabmum averageannual

interesttrate Presentlyentry

as defined herein below), o

payable semiannually until the principal sum is paid, and shall matureestimated to be 4.50 / o per annum, in 19 annual

installments.

ssary to issue, Section 3.

re shall be ostied, notes in anticipation of the issuance of the Bonds. d this Council hereby

determines that the

Section 4. Combining Notes for Pu oses of Issuance and Sale. It is hereby determined, that orthe purposes of

issuance and sale, it may be in the best interest of the City to combine the Notes with

inother limited tax general obligations notes of the City authorized by separate ordinance of this Counc il. ro hate. The CombinedThe Notes and such Oth- notes "

shall alsoomean the CombinedNotestwhere

appropriate.

Notes.

Series2015 ' or

this ordinance, the of Lakewood, Ohio Various Purpose Improvement Notes, Notes shall be designated " Cityas otherwise determined by the Director of Finance.

Section 5. Term °Notes ") hall be in the amount of not toOexceed $ 12, 027 OOOe which um does notanticipatory notes ( the, exceed the amount of the Bonds. The Notes shall be dated the date established by the

Dirafter thedate of

and certified to this Council and

provided hat

on

uch date

atshallsnotl

be

determined

ater than onety

Director

only, in suchand certified to this Council, pissuance of the Notes. The Notes shall be issued as fully registered notes in book entry

r ofFinance. Thedenominations as shall be determined by the Director of Finance, but not exceedingthe principal

amount

irecO

ofNotes

maturingu dasyfullyregistered

notes innbookentry form in denominattiionstOf $ 100, 000or anyate and shall be

Notes shall be issintegral multiple

atra000

on exempt fromtheorequtementsoof

Rule

a

5c2t12 ofitheeUnUnited States

shall be soldSecurities and Exchange Commission.

The Director of Finance is authorized and directed to execute a Certificate of Fiscal OfficerRelating to Terms

requirements (

the " Certificate

thi ordinances ad topresent the same t this Cuneilaftertclosng. Notes,

consistent with

led ed for the prompt payment of the same. Section 6. Generalri° —n Pledge. The Notes shall be the full generalobligation

rm the issuance ofand the full faith, credit and revenue of the City are hereby p gThe par value to be received from the sale of the Bonds and any excess funds resultingthe Notes shalt,

b the extent necessary, be used only for the retirement of the Notes at maturity and arebe issued

hereby pledged for such purpose. The Notes mayon one or more series.

Section 7. Debt Se_ n 1 ° e I=c . There shall be and is hereby levied annually on all the taxable

property of the Notes are outstanding, in an amount not less than thatm the City, in addition to all other taxes and inside the ten mill limitation, a direct tax (the " DebtService Levy") for each year during which any

interest upon the Noteswhich would have been

anlevieddn

if the

amo

Bonds

t whichissufficient o

pwithoutrovide, funds to pay

cc of the Notes, for the

purpose of providing, rovide a fund for the repayment of the principal of the Notestax

as and when the same falls due and top shall not be less than the interest and sinkingmaturity or upon redemption. The Debt Service Levyrequired by Article XII, Section 11 of the Ohio Constitution.

The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extendedsame officers, in the same manner, and at the same time thatupon the tax duplicate and collected by the

122

taxes for general purposes for each of such years are certified, extended and collected. The Debt Serviceshall be placed in a separate and distinct fund, which shall beLevy shall be placed before and in preference to all other items and for the full amount thereof. Theand interest on and principal of the Notes

funds derived from the Debt Service Levyif the City determines that

irrevocablypledged for the payments of the premium, if any,

ear, the amount

payment of the Notes and Bonds in any yand Bonds when and as the same falls due. Notwithstandingthe

Notes and B

funds will be available from other sources for the

duceof the Debt Service Levy for such year shall be reduced by the amount of funds which will be so available, and the City shall

appropriate such funds to the payment of the Notes and Bonds in accords

year ofttwelve 30-

Section 8. Sale of_ the Notes• such rate per annum asrshall be determined by the Director of Financeday months, payable at maturrty, and certified

tothiissNCodudrlanrovidedthpr'rvat

rate

saleto11KeyBanc

CapOahMarkets Inc.,hCleveland,alOhroand hereby are, the " Original Purchaser"), at the purchase price set forth in the Certificate of Fiscal officer.

of the purchase price and accrued interest, if any, to the date ofThe Director of Finance is hereby authorized and directed to deliver the Notes, when executed, tothe Original Purchaser upon

payment

ose.

delivery. The proceeds

e City and used for

except any

the purposeaforesaid and fotrio other

purpon, shall be deposited

in the Treasury o

Any accrued inter'

lied to

thedfrom

the principallf andinterest onthe Notes, or other

retirement fund to be app p Y remium received from the sale of the Notes may beobligations of the City as permitted by law. Any Pused to pay the financing costs of the Notes within the meaning of Ohio Revised Code Section 133. 01( Kor be deposited into the bond retirement fund in the manner provided by law.

rovided that any and all of such signatures may be a facsimile, shall beSection 9. Form andExecution of Notes• Pa ent of Notes. The Notes shall be executed

me, shallbeDirector of

Finance and the Mayor, pp

improveNotes, Series 2015,

and interest at the office ofdesignated " City of

Lakewood, Ohio Various

11 b

Purpose Imp

determined by the Director of Finance, and shall be payable

x r

both principal

Note Registrar ( as defined hereinbelow). The Notes shall express upon their faces the purpose for whichthey are issued and that they are issued pursuant to this ordinance.

money of

of and interest on theThe principal

deducton for the servicesoof the NoteeRegstrlar. The principal of and interest on theof America without presentation and surrender of the Notes at their maturity at the office of theNotes shall be payable upon p purpose or shall be entitled to any

tinted on the

Note Registrar. No Note shall be valid or become obligatoryfor any p

the Note Registrar shallsecurity or benefit under this ordinance

ray as authenticating

mess nd til a cc

Authentication by theheN to

p' rtificate of

Note, is signed by the Note Regbe conclusive

evidence

retitled t

that

thetheNote

ty and benefit ofthssordinancey The

ertificaterofrauthenaicatiornordinance and rs It shall not

may be signed by anyofficer or offi

roved byethe Director of Fnance on bhalf of the City

as an agent

of the Note Registrar as shall be appbe necessary that the same authorized person sign the certificate of authentication on all of the ores. Bement with such bank or other

appropriatefinancial

and directed to

Section 10. Anpointment ofNote Registrar. The Director ofFinance is authorizeopriteto which

execute on behalf of the City a Note Reg

rent note registrar, transfer agent, institution as shall be acceptable to the Director of Finance and the original Purchaser,

pursuant

check or

such bank or financial institution shall agree to serve as authenticating agent, and paying agent ( the " Note Registrar") for the Notes. Interest shall be payable at maturity by13

3

registration books of the City maintained

draft mailed to the Registered owner hereof, as shown on theand is herebyFinance in such officer' s discretion shall determine that it would be in the best interest of

Registrar' shall be unable or unwilling to sby the Note Registrar. If at any

time the Note

erve as such,

the Director of Fina performed by another patty, the Director of Finance may, the City for such

functions to be p agreement with a national banking association or otherauthorized and

directed to, enter into an agr to erform the services required of theappropriate

institutionexperienced in providing

suchservices, p

Registrar. So long as any of the Notes remainNote Registrar hereunder. Each such successor Note Registrar shall promptly adviseat the office of thethe change in identity and new

address of the Note Reg

e and transfer of Notes asoutstanding,

the City shall cause to be

maintaoy for the regita, .

exchangistrar, erson in

Note Registrar, all books and recordsnecessa Subjectect to the provisions of this ordinance, the p

registered on the Note Register shall be regarded as the absolute ownerprovided in this section ( the " Note Register )•

of and interest.on any Note shall bewhose name any Note shall be regnor the Note Registrar shall baff

shadthereof for all purposes. Payment of or on account of the principalistration may be changed as herein provided. All paymentsmade only to or upon the order of that person. Neither the City

by any notice to the contrary, but the regbe valid and effectual to satisfy and discharge the liability upon the Notes, including the interest thereon, to the extent of the amount or

amounts so paid.

ether with arar

Any Notes, uponpresentation

andsurrender at

thenoffice

nauthorized by the. owneorgto do so by aRegistrar, may be exchanged for Notes of the same

request for exchangesigned by the registered

owner or

eg

P

e ate to the unmaturedpower of attorney in a form satisfactory to the Note Reginterest at the same rate and maturing on the sameform and of any authorized denomination or denominations equal in the aggregateprincipal amount of the Notes surrendered, and bearingdate.

Register uponpresentation

andsurrender

thereof

person

A Note may be transferred only on the Note Reg t executed by the registered owner or by a pistrar, together with an

assignment Registrar. Upon

office of the Note Reg a ower of attorney in a form satisfactory to the Note Regauthorized by the owner to do so by p fete authenticate and deliver a new Noor amount of the

that transfer, the Note Registrar shall comp to the unmatured principal

authorized

denomination ordenominations

e

equal in the aggregate

on the same date.

Notessurrendered,

and bearinginterest at the same rate and maturing

t an Note during aof a notice of redemption of

The City and the Note Registrar shall not be required to transfer orexchange

y Notes selected forperiod beginning at the opening of business 15 days before the day of mailingNotes, and ending

at the close of businthe date of uch mailing,

mailing,

redemption, in whole or in part, following ed or transferred hereunder, the City shall cause to bece with the provisionsIn all cases in which Notes are exchang

e to the owner; except that the Councilexecuted, and the Note Registrar shall authenticate and deliver, the Notes in accordane or transfer shall be without charg

tan or other governmentalof this ordinance. The exchangand Note Registrar may

make a chargesufficient to reimburse them or any

e or transfer of thecharge required to be paid be aid before it begins the procedure for the exchange evidencing

with

falnrespect to the exchange or transfer. The Council or the Note Registrar may

require that those charges, y, P

Notes. All Notes issued upon any transfer or exchange shall be the valid obligations of the City, the same debt, and entitled to the saute benefits under this ordinance, as the Notes surrendered upon thattransfer or

exchange, terms shall have

Section 11. Book E_ BookSystem' For purposes of this ordinance, the following

the following meanings:

144

the beneficial

h a book entryBook entry form" or " book entry system" means a form or system under which (iright to payment of principal, of and interest on the Notes may be transferred only throughregistered (

ii) physicalwner, with the Notes ` ,immobilized

e '

o the custody of the Depository, and the book entry isjai interests in those Notes.

the record that identifies the owners of beneficstem to record beneficialDepository" means any securities depository that is a clearing agency under federal law

operating and maintaining, together with its participants, a book entry systemownership

n

notes and to effect transfers Of

ork,

book entryand includes The Depository Trust

Company (a limited purpose trust company),

The Notes may initially be issued to a Depository for use in a book entry system and theprovisions of this Section shall apply, notwithstanding any other provision of this ordinance: : (i) thereshall be a single Note of each maturity,

those Notes shall be registered in the name of the Depositoryii) Y (...)

or its nominee, as registered owner, andimmobilized in the Custody of the Depositor); ( iii) the

unties oowners in book caner

himof beneficialmteestsin

receive

any Notesein book entry form shall be shown bycertificates; ( iv) Pbook entry on the system maintained and operated by the Depository, and transfers of the ownership ofbeneficial interests shall be made only by the Depository and by book entry; and (v) the Notes as suchshall not be transferable or exchangeable, except for transfer to another Depository to another nomineeof a Depository, without further action by the City. Note service charges on Noteess in book entry formregistered in the name of a Depository or its nominee

resentation andsurrenderlof Notes as provided in this

Depository or its authorized representative upon pordinance.

roviding for making allThe Note Registrar may, with the approval of the City, enter into an agreement with theportion thereof (other• than anybeneficial owner or registered owner of any Note in the custody of a Depository p

payments to that owner of principal and interest on that Note

la

any p

payment of the entire unpaid principal amount thereof) at a place and in a manner ( including wiretransfer

Noteeupon anyconditionsawhi

hrshall be satisfactory

i

to the

without

Note Registrarsand to therCity. surrender

applicable date agreed upon asPayment

to any event shall be made to the person who is the registered owner of that Note on the ateOf each of those agreements, certified to bethat principal is due, or, with respect to the payment of interest, as of the app

of principal

the case may be. The Note Registrar will furnish

ents for Notes and to the City. Any paymentcorrect by the Note Registrar, to other paying agentsor interest pursuant to such all agreement shall constitute payment thereof pursuant to, and for allpurposes Of, this ordinance.

If requested, the Mayor, Director ofFinance, Clerk of Council, or any other officer of this Council,

name

is authorized and directed to execute, acknowledge

aagent for

deliver,

Notes

the

and The DposiitoryTrust Company,

t

asof and on behalf of the City,

letter agreement among the City, the paying gdepository, to be delivered in connection with the issuance of the Notes to the Depository for use in a booentry

system in substantiallythe form submitted to this Council.

in a book

if any

em tithe City and the Note Registrar Mayattempt toeestablish a securitiesitesdepository/bookok entry

entry system, relationship

with another

qualifiedDepository

d the

nder thisRegistrar, after the Noe Registrarehasgmade

do not or are unable to do so, provision

otes

for

the Depository

15

andauthenticate and deliver bondncertificaes in fullygisteredlform to the

pet

N

155

not the result of action or inaction by the City or the Note Registrar, of thoseassigns of the Depository or its nominee, all at the cost and expense ( including costs of printing definitiveNotes), if the event ispersons requesting

suchissuance.

and

Section 12. Federal' Law Compliance. The City herebycovenants that it will comply

with the

without

oss income for federal income tax purposes, includingrequirements of all existingand future laws which must be satisfied

ii

income

of theNotes soht

includingNotes

will continue to be excluded from gross

financed with t proceeds

limitation restrictions on the use of the propertywill not

constitute "private activity

The

within covenants that it lllrestrict the use of the proceeds of

the No;

as amended ( the " Code "). as may be necessary, after taking into accountso that they will not constitute arbitrage bondsthe Notes in such

manner and

m

such extent, if any, Y

reasonable

expectations

C

the time the debt is incurred,

under Section 148 of the Code and the regulations prescribed thereunder ( the "Regulation s "). including the Mayor, is hereby authorizedThe Director of Finance, or any other oelection, selection, designation, choice, consent, approval or waiver

fficer of the City, given under the

and directed ( a) to make or effect anyon behalf of the City

favorable tax treatment or thewith respect to the Notes as

permitted or required to be ma e or

compliancewith

requirementsforth

of penalties, ogfederal income tax laws, for the purpose of assuring, enhancing or protectingstatus of the Notes or interest thereon or assisting

rebateamount or any

payment

an

of specialamounts in lieu of making

computations

t mied by, or Paying'

i

y

the burden or expense of suchcompliance, reducing any

as determined by the Director ofmaking any

payments a ents,

excessearnings as rebate, or obviating

those amounts

e

p yin

Finance, which action shall be in writing and signed by the Director of Finance, or any other officer oft eb to take any and all actions, make or obtain calculations, to

City, including the Mayor, on behalf of the City; Oo to ivebehalf of

and make or give reports, covenants and

grossinctome and the ntended tax status of the Notes;

be

forth

for inclusion n the transcript of proceedings, settingassure the exclusion of Merest from gr

ertainng to Section 148an

appropriate

certificate on behalf of the City, re arding compliance by

the facts,

esulationsand the resresentaftons,rwarrantes and covenants of hCity g

and the Regp lations.

the City with sections 141 through 150 of the Code and the Reguuate records pertaining to investment of allto the maximum extent possible and presently foreseeable, theThe Director of

Finance shall keep andmaintain adeq

a itcability to the Notes whichproceeds of the Notes sufficient to pe tgulation now or hereafter having ppCity to comply with any federal law or reg

Department of the Treasury. The, Dire

efts to, the UntdFinance of thelimits the amount of Note proceeds which may be invested on an unrestricted yield or requires the try o

rebatearbitage

profits to the United States

applicability to theregulation having appCity is hereby authorized and directed to file such reports with, and rebate arbitage pStates Department of the Treasury, to the extent that any federal law or regNotes requires any such reports or rebates.

on behalf of this Council, is herebyA ointment of Bond Counsel. The Director of Finance,

authorized to approyal of the Director of Finance, shall notoint the law firm of Bricker & Eckier LLP to serve as bond counsel for the Notes. The

fees

authorized

be paid to such firm shall be subject to review and appexceed the fees customarily charged for such services, and shall be paid upon closing of the financingfrom proceeds of the Notes.

Section 13. Transcri t of Proceedin s• Execution of

AdditionalDocuments. The °

ffo the Notesp

proceedings pertainingcharge of the minutes of the Council and any other officers of the,, erCouncil,

Such transcript shalt include certifiedhereby authorized and directed to prepare and certifytrue

uanscri t of roceeding p

and to furnish a copy of such transcript to the original16

6

Power

to issue

copies of all proceeding or as shown by the books and records unders and records of the Council relating to the ower and authority of the Citybut not limited to a general certificate of the Clerk of Council and a no- the Notes and certificates as to matters within their knowledge

their custody and control, includinglitigation certificate of the Mayor

of the City as to the facts stated

Finance, and

nuchcertified copies and certificates

shad be deemed

a eements, certificates, and otherThe Director of Finance is herebyauthorized and

directed to take such action and to execute

other

and

deliver, appropriate in order to carry out the intent of this

The behalf of this Council, such additional instruments, grdocuments as may be in their discretion necessary or app' Pordinance.

Such documents

tlscrhallshall deem nenecessary

orappropriate.

consistent with the terms of this

the

ordinance, as they o

of the Notes in order to makeSection 14. Satisfaction of

Conditions for Note Issuance. It ii

herebydetermined that

er or

acts,

obligations of the City have happened, been done and been pconditions and things necessary to be done precedent to and in the issuingthem legal, valid and binding g that the full faith, credit and revenue of the City are herebyregular and due form as required byawent of the principal and interest thereof at maturity; and that noirrevocably pledged for the prompt p Ylimitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing theNotes.

Section 15. Com Hance with O on

and elating to the adopton of this ordinance

determined

ere adopted in

all formal actions of this Council concerning

compliance with all legalCouncil

an open meeting of this Council, and that alldeliberations this

public, niof any of its committees that

resulted in such formal action, were in meeting p

requirements including Section 121.22 of the Ohio Revised Code. Fiscal Officer of Cuyahoga County, Ohio, Section 16. Filin of Bond Ordinance. The Clerk of Council is hereby directed to forward a

certified copy of this ordinance to the County

Yenc measure

health and safety, and to provide for theSection 17. EmergencyMeasure. This ordinance is hereby declared to be an emergencynecessary for the immediate preservation of the public property, usual daily

operations of municipal detoarissuetand ellothe Nots to enable the City

ltor

timely retirerthe

to be immediately reserve its credit, and provided it receives the affirmative vote of at leastOutstanding Notes and thereby pfive of this Council, this ordinance shall take effect and be in force at the earliest date possible as seforth in Article III, Sections 10 and 13 of the Charter. -- Adopted: —'

2015 president of Council

Clerk of Council

Approved: 2015

Mayor

17

VAIUOUSPURPOSElhip"OvahffE1JTI

0iFS,

6FURD015ZEEUNOQ4Ol

To: The City Council of theCity of Lakewood, Ohio

The undersigned Director of Finance of the City of Lakewood, Ohio as the fiscal officer of saidCity, hereby

certifies as follows: rovements ") exceeds five

1. The estimated life of the improvements described as follows (the " Impyears: providing new traffic

i improvingMadison

Avenue by piii replacing the

to paycosts of O

lovingand renovating

the refuse facility; ( iii) Arthur Avenue,

resurfacing Atkins Avenue, Arlington Road, roofn city all

imp' Cranford Street, roof on City Hall; (iv) Clifton Boulevard,

BiockleyAvenue,

Lakeland Road, Lakeland Avenue, Blossom Park

Avenue,

Bird Avenue, Madison Avenue, Cove

Avenue, Donald Street, Lewis Drive,

LarclnnontAvenue,

LauderdaleAvenue,

SouthMarlowe Avenue, Morrison Avenue, Nicholson Street, NorthOlive Avenue, Overlook Road, McKinleyAvenueiM

hland Avenue, Wascana Avenue, Marginal Street, it Avenue,

Marginal Street, St. Charles Avenue, Sunni Wyandotte Avenue, and

Waterbury Road, Woodward Avenue, Woodward Street, v improving Detroit Avenue, Franklinroviding new and upgraded traffic

othersheets

located within the City; ()

the municipal garageStreet Hilliard Street and

Madison Avenue

pmproving Lakewood

edestriansignals; (

i)

includingsignalization

and proving

parkswithin the City,

ether with allventilation system; ( vii) imp

vinreconstructing

Madison Avenue; ( ix) Park, Wagar Park and the Lakewood Park Skate House, togethernecessary pp docks and a parking area, together with allappurtenances thereto; (, Viii)

constructinga sheet pile

bulkhead,

improvingsidewalks

within hein the City

necessary

appurtenances

thereto; Oroving

the sewersystem

sewer

replacinga salt

storage facility and

Se

impproject and a new sanitary

by constructingthe West End Sewer

Separationsewers and storm

Ed ewaterDrive,

together with all necessaryand improvements and renovations to the existing sanitarywater

sewers along g

thereto and the maximumimprovements

Ohio

2. The amounts

proposed to be expendedfor variousulatedsin accodance with Section 133. 20,

maturity Of bonds issued for such purposes, Revised Code, are as follows:

2p ears

A. ImprovingMadison Avenue by providing

new trafficsignalization; Y

B. Improving and renovating the refuse facility; 20 yearsC. Replacing the roof on City Hall; 20 years

lm on Road, Arthur Avenue, BlossomDoDonald Street,

Atkins Avenue, Ai' gt

Cranford Street, Cove Avenue, Lauderdale

D. ResurfacingClifton Boulevard,

BrockleyAvenue, Lakeland Avenue, Larchmont Avenue,

Hird Avenue, Lakeland Road, adison

Avenue, McKinleyAvenue,

Marlowe, Avenue,

Olive

Avenue, Lewis Drive, M North Marginal Street Northland Avenue, Morrison Avenue, Nicholson Street,

18

WyandotteAvenue, Overlook Road, South Marginal Street, St. Charles Avenue, Summit venue, Avenuea

Avenue,

they streets

Waterbury o

within

Woodward

the City,

Avenue,

15 years

Woodward Street Wy

E. Improving Detroit Avenue, Franklin Street, Hilliard Street and Madison Avenue byproviding new and upgraded traffic signalization and pedestrian signals; 15 yearsF. Improving the municipal garage ventilation system; 20 yearsG. improving parks within the City, including Lakewood Park, Wagar Park and theLakewood Park Skate House, together with all necessary appurtenances thereto; 10

years

H. ReconstructingMadison Avenue; 20 years

ether with all

1. Constructing a sheet pile bulkhead, docks and a parking area, tognecessary appurtenances thereto; 16 years

J. Improving sidewalks within the City; 10 yearsK. Replacing a salt storage facility; 20 years

L. Improving the sewer system in the City by constructing the West End SeweretherSeparation project and a new sanitary sewer and improvements and renovations o

the existing sanitarysewers

uappurtenances thereto; 40 yearswith

along Edgewater Drive, tog

with all necessary app

3. The weighted average of said maturities is 19 years, therefore the maximum maturity of asingle issue of bonds proposed to be issued to pay the cost of such

permanent

ection

improvements,

mended

calculated

t if otes are

accordance

sued in anticipation of the isOsua cc of such bonds, theyears, pmaximum maturity of such notes is 19 years.

Dated: February 17, 2015

192

Director of Finance

City ofLakewood, Ohio

PLACED ON 1ST READING & REFERRED TO THE FINANCE

COMMITTEE 2 / 174J doSPUPPoSEInHROVEnmNr NOTES. SER s 2oI5SEWER IMPROVIN4IU- w'ERT' D PORTfON

UnORDINANCE NO. 7 % 15

AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at leastffect at the earliest period allowed

five members

of notes i the

Council, otherwise to take, e

to exceed $2,000000 in anticipation of the isance of bonds; Ito pay

issuance ether with all necessary

costs of West End sewerseparation

project, tog

appurtenancesthereto.

Ohio

WHEREAS, the Director of Finance ( the " Director of Finance ") of the City of Lakewood, the " City ") has certified to this Council that the estimated life of the improvement stated in the title of this40 ears and notes being 20 years; andordinance ( the " Project ") which is to be financed with the proceeds of bonds and notes hereinafter referred

to exceeds five years, the maximum maturity of bonds being YWHEREAS, this

and

Council bythis Ordinance shat] take effectatthe earliest

i

to possible

asstet forth

of Lakewood ( theis an emergency me

health andin Article III, Sections 10 and 13 of the Second Amended Charter of the CityCharter, and that it is necessary for the immediate preservation of the public property,

safety, and o

t

provide

he notes

or

theusual

notest

l0 issued by the

municipal

ity

departments

raconsolidated

rt

issue and obtain

City tosavings in the issuance of the notes; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

of to exceed $ 2, 000, 000, for the purpose of paying the cost of theSection 1. Issuanc___ e of Bonds. It is hereby declared necessary to issue bonds ( the " Bonds") ofthe City In the principal sum of nProject.

Terms O____ f the Bonds. The Bonds shall be dated prior to the maturity date of the NotesSection 2.

as defined herein below), shall bear interestsemiannually

maximum

the principal

annual interestpaid, and shall mature

estimated to be 4. 50% per annum, payablein 10 annual installments.

Section 3. Issuance of Bond Antici anon Notes. It is necessary to issue, and this Council herebydetermines that there shall be issued, notes n anticipation of the issuance of the Bonds.

the purposes of

4.

ssuanceand sale,tit moat' be in the best inter, t of the Citytorcombine he Notswth

other limited taxsuch

generalobligations

hall be jointly referred

authorized byto heren as the " Combned Notes. thiAs used in

ate ordinance of

The Note

this ordinance,

be designated " "City ofLakewood, OhioeVarVarious Purpose improvemimprovement Notes, Series 2015,

1

orwhere appropriate. The

Notes shall

as otherwise determined by the Director of Finance. Section

notes the Notes't)

shalltbe n the lamout of not to exceed $ 2, 000, 000, 000, 000, whit] um does ntOfFisral

anticipatory

excee

to this Council and shall mature on

shall

uh date as shall be determine by t e Director of Financeand certified

and certified o this

The Notes shall

that

ssued

adateaily regi terd notes m book entry form only, in such

suh year after the

issuance of the

20

incipal amount

of Notes

amaturing oniany oneedate and shall be numbered as determined by the Directorpof Fiance. Thedenomintions as

Notes shall be issued as fully registered notes in book -entry form in denominations of $100, 000 or anyshall

integral multiple

a tra0atransaction exempt from theorequirementsoof Rule l5c2t12 ofltheeUnted StatesSecurities and Exchange Commission.

The Director of Finance is authorized and directed to execute a Certificate of Fiscal Officerforththe Notes,

Relating ntoi ,Certificate cal

onsitnt wit herequrement of thi ordinance, and to present the same t this Council after closingSection 6. General Obligation Pledge. The Notes shall be the full general obligation of the City,

and the full faith, credit and revenue of the City are hereby pledged for the prompt payment

issuance

the same.

at

The par value to be received from the saleused only forhe retirementnof theuNotes at maturity and aely excess

the Notes shall, to the extent necessary, hereby pledged for such purpose. The Notes may be issued in one or more series.

the " Debt

property in the City, in addition to all other taxes and insSection 7. Debt Service1' W' There shall be and is hereby levied annually on all the taxable

in an amount not less than thatide the ten mill limitation, a direct tax

Service Levy ") for each year during which any of the Notes are outstanding, funds to pay interest upon the Noteswhich would have been levied if the Bonds had been issued without the prior issuance of the Notes, fort e

purpose of providing, and in an amount which is sufficient to provide, as and when the same falls due and to provide a fund for the repayment of the principal of the Notes atmaturity or upon redemption. The Debt Service Levy shall not be less than the interest and sinking fund taxrequired by Article X11, Section i l ofthe Ohio Constitution.

The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extendedupon the tax duplicate and collected by the same officers, in the same manner, and at the same time thattaxes for general purposes for each of such years are certified,

extended and collected. The Debt Service

Ount thereof. The

funds derived foam to Debt serviceice Levy shall be placedeinitems

separate and distinct fund, which shall bein preference to all

irrevocably pledged for the payments of the premium, if any and interest on and principal of the Notesand Bonds when and as the same falls due. Notwithstanding the foregoing, if the City determines that

the

of the

ill

beavailable

Levy for

other

uch year shallbe reducedd by thehamount of fundsnwhich will be so available, and the City shall appropriate such funds to the payment of the Notes and Bonds in accordance with law.

Section 8. Sale of_theN °tas• The Notes shall bear interest, based on a 360 -day year of twelve 30- day months, payable at maturityh rate per annum as shall be determined by the Director of Financeat sue

y pCleveland, Ohioand citified to this Council, provided that such rate shalt not exceed 5. 00% per annum. The Notes shall e, and hereby are, awarded and sold at private sale to Ke Banc Capital Markets Inc., the " Original Purchaser'), at the purchase price set forth in the Certificate of Fiscal Officer.

to the date offhe Director of Finance i

and

ent of the purchaseprice and accruedinterest, if a

when executed, to

the Original Purchaser upon paynterest

delivery. The proceeds of such sale, except

anYad and forno other Purpose,-

be deposited

in the Treasury of the City and used for the purpose afores

Any accrued interest received from the sale of the Notes shall be transferred to the bondretirement fund to be applied to the payment of the principal of and interest on the Notes, or other21

2

Obligations of the City as permitted by law. Any premium received from the sale of the Notes may beused to pay the financing costs of the Notes within the meaning of Ohio Revised Code Section 133. 01( x) or be deposited into the bond retirement fund in the manner provided by law.

by the

Section 9. Form and Execurovided tthat any ad 11 of uch signaturesmay bea

befacsimile, shall be

Diirector of Finance and the Mayor, ptf such

Notes, Series 20151" or as otherwisedesignated " City of Lakewood, Ohio Various Purpose improvementdetermined by the

defined

ofFinance,

andTha

Notesaslaalleexpresouponprincipalther faces the rpurpose for hich

No

they are issued and that they are issued pursuant to this ordinance-

le

The principal of and interest on the Notes shall be paystrar1nThe principal of andinterest ontheof America without deduction for the services of the Note Reg

y

th

purpose

at

shall be entitled to anyNotes shall be payable upon presentation and surrender of the Notes at their maturity at the office oft eNote Registrar. No Note shall be valid or become obligatory

for an P p

Registrar shallsecurity or benefit under this ordinance unless and until certificAuthentication byby the Note

Regtedon the

ate of

Note, is signed by the Note Registrar as authenticating agent. this y

eti under t

beevidence that the

s

e ThecetficateofauthnicationNote so authenticated

ordinance and s entitled the and benefit of rdanc

may be signed by any officer or officers of the Note Registrar or by such other person acting as

It shallll

agent

no

be

he

Noteghat the ame authorizeded peron sign tDhe certificate

Finance

ofauthentication on all of he Notes.

not

Section 10. Appointment ofNote Registrar. The Director of Finance is authorized and directed tog

pursuant to whichexecute on behalf of the City a Note Registrar Agreement with such bank or other appropriate financialagree

g agent, note registrar, transfer agent, institution as shall be acceptable to the Director of Finance and the original Purchaser, psuch bank or financial institution shall a ee to serve as authenticatin agNote Registrar ") for the Notes. Interest shall be payable at maturity by check orand paying agent ( thedraft

Note Registrar. glf at anyOtime the

hereof,

Note Registrarar shalt be unable or unwillingtto serve as such, or

by the Director of Finance ma , and is herebythe Director of Finance in such officer' s discretion shall determine that it would be in the best interest othe City for such

functions to

en

performed by another party,

perform the services required of theauthorized and directed to, enter into an agreement with a national banking association or otherappropriate institution experienced in providing such services, to pNote Registrar hereunder. Each such successor Note Registrar shall

long as

advise all noteholders of

Registrar at the office of thethe change in identity and new address of the Note Registrar- outstanding, the City shall cause to be maintained and kept by the Note RegNote Registrar, all books and records necessary

Subject

h

to the tprevrevisions this ordinance, the person inprovided in this section ( the " Note Register") whose name any Note shall be registered on the Note Register shall be regarded as the absolute

owner

ncipal of and interest on anythereofde only to or upon the order of that person. Neither the City nor the Note Registrar shall be affectedma Y but the registration maybe changed as herein provided. All payments shallby any notice to the contrary, be valid and effectual to satisfy and discharge the liability upon the Notes, including the interest thereon, to the extent of the amount or amounts so paid.

Any Notes, upon presentation and surrender at the office of the Note Registrar, together with arequest for exchange signed by the registered owner or by a person

authorized by the owner to

f t e a

a

e ate to the utimaturedpower of attorney in a form satisfactory to the Note Registrar, may be exchanged for Notes of the sameform and of any authorized denomination or denominations equal in the aggr g22

3

principal amount of the Notes surrendered, and bearing interest at the same rate and maturing on the samedate.

A Note may be transferredher wwith anassignment executed by theregistered owner or bya person

office

iz

the Note Registrar, togauthorized by the owner to do so by a power of attorney in a form satisfactory to the Note Registrar. Uponany

that transfer, the Note Registrar shall complete, authenticate and deliver a new Note or Notes of anyauthorized denomination or denominations equal in the aggregate to the immature d principal amount of theNotes surrendered, and bearing interest at the same rate and maturing on the same date. The City and the Note Registrar shall not be required to transfer or exchange ( i) any Note during a

uperiod beginning at the opening of business 15 days before the day of mailing of a notice of redemption OfNotes, and ending at the close of business

date

e,

such

of suchmailing, or (•') any Notes selected for

redemption, in whole or in part, following the

In all cases n which Notes are exchanged or transferred hereunder, the City shall cause to beexecuted, and the Note Registrar shall

authenticate and deliver, the Notes

eaccordance with the provisions

to

of thisRegistrar may makea

or

hargessufficient to rreitmburse them for any tax

and

otheragovernmental

and

charge required to be paid with

y,

respect

be taid before it begins the pocedure for the exchange or transferaof the

require that those charges, if any, be pNotes. All Notes issued upon any

transfer or exchange shall be the validobligations of the City,

upon

the same debt, and entitled to the same benefits under this ordinance, as the Notes surrendered upon thattransfer or exchange.

Section 11. Book En stem' For purposes of this ordinance, the following terms shall havethe following meanings:

Book entry form" or " book entry system" means a form or system under which (i) the beneficialOn

right to payment

physical Notes

of and interestregistered

formearetissued

oniyrtosaeDepositoryrorgita

nominee as

and

ter

p yregistered owner, with the Notes " immobilized" to the custody of the Depository, and the book entry isthe record that identifies the owners of beneficial interests in those Notes.

is a clearing agency under federalDepository"

means anysecurities depository that

law

stem

operating and maintaining, together with its participants, a book entry system to record beneficialownership of notes and to effect transfers o notes,

YorkbNeweYTo

kform, and includes The Depository Trust

Company (a limited purpose trust company) , NeThe Notes may initially be issued to a Depository for use in a book entry system, and the

provisions of this Section shall apply, notwithstanding any other provision of this ordinance:

Depository

there

u those Notes shall be registered in the name of

thh benefical

shall be a single Note of each maturity, () ii) securities oror its nominee, as registered owner, and immobilized in the custody ofthe Depository; owners in book entry form shall have no right to receive Notes in the form of physical

certificates; ( iv) ownership of beneficial interests in any Notes

tbook entry form shall be shown by

and ( v) the Notes as suchbook entry on the system maintained and operated by the Depository, and transfers of the ownership obeneficial interests shall be made only by the Depository and by book entry; shall not fwithout further action

exchangeable

by

except for eservicetchacharges ontNotes in book entryered

form

ofregistered in the name of a Depository or its nominee shall be payable in same day funds delivered tot e23

4

Depository or its authorized representative upon presentation and surrender of Notes as provided in thisordinance. agreement with the

The Note Registrar may, with the approval of the City, enter into anportion thereof ( other than anycred owner of any

beneficial owner

oowenis

of principal and interestst onhthat NotooraanyDepository

providing11, tuding wirepayments to that amount thereof) at a place and in a manner ( payment of the entire

unpaidprincipal

Thatto the City. transfer of federal funds) other than as provided in this ordinance,

will prior presentation or surrender

Of the Note, upon anyconditions

which shall be satisfactoryto the Note

owner of t

date

to on

upon as

payment

to

anyevent shall be made to the person who is the registered

owner

ab

that

Nomon the date

Registrar will. furnish a copy of each of thoseagreements,

certified to

c

be

that principal is due, or, with respect to the payment of interest, as of e applicable Payment of principal

the case may be. The Note Reg n agents for Notes and to the City. Any p ycorrect by the Note Registrar, to other Paying g

ll

or interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for apurposes of, this ordinance.

If requested, the Mayor, Director of Finance, Clerk of Council, or any other officer of this Council, is authorized and directed to execute, acknowledge and deliver, in the name of and on behalf of the City, theletter agreement among the City, the paying agent for the Notes and The Depository Trust Company, asdepository, to be delivered in connection with the issuance of the Notes to the Depository for use in a bookentry system in substantially the form subinitted to this Council.

If any Depositorydetermines not to continue to act as a depository for the Notes for use

oa book

Registrarand the Note Regentry

system, the City and the Note Registrar mayattempt to establish a

securities deposi o

has made

and the Note Registar, after the Note Registrarrelationship with another qualified Depository under this ordinance. If the Cttydo not or are unable to do so, the City

registered form to theprovision for notification of the beneficial owners by the then Depository, shall permit withdrawal ofttheNotes from the Depository and

authenticate and deliver bond certificates in fully reg

istrar, of those

vent is not the result of action or inaction by the City or the Note Regassigns of the Depository or its nominee, all at the cost and expense ( including costs of printing definitveNotes), if the e

persons requesting such issuance.

Section 12. Federal Tax Law Compliance. The City herebycovenants that it will comply

wit out

gross income for federal income tax purposes, includingrequirements of all existing and future laws which must be satisfied in order that interest on the Notes is

o

financed with the proceeds of the Notes so that the Noteswill continue to be excluded from gi' limitation

restrictions °

ate activity

the propertywthon the meaning of Section 141 of the Internal Revenue Codewill not

constitute pThe City further covenants that it will restrict the use of the

npo account

of 1986, as amended ( the " Code "). as may necessary, after taking

will not constitute arbitrage bondsthe Notes in such manner and to such extent, if any, y

ulations "). reasonable expectations at the time the debt is incurred, so that theyunder Section 148 of the Code and the regulations

prescribedthereunder (the

hRMu or, is hereby authorizedroyal or waiver

The Director of Finance, or anyother officer

ti

the ty, includinglchoice, consent, appoven under the

and directed ( a) to make or effect anyelection,

selection, designation,

aired to be made or g

Purpose of assuring, enhancing or protecting favorable tax treatment or theon behalf of the City with respect to the Notes as permitted or required

purpose, reducing

federal income tax laws, for the

thereoncompliance

withrequirements for

y

that

nuo penalties, or

status of the Notes or interest thereon or assisting p

com

mount or

to determine, or paying, anythe burden or expense of such

compliance, reducing anyrebate amount or any

e

y

the

paying, of

making anypayments of special

amounts in lieu of makingents, as determined by

excess earnings as rebate, or obviating those amounts or paym24

signed b the Director of Finance, or any other officer of theb to take any and all actions, make or obtain calculations, Finance, which action shall be in writing and sign Y

to

City, including the Mayor, on behalf of the City; Oappropriate

c to iveand make or give reports, covenants and certifications of and on behalf of the City, as mayapp )

forthgross income and the intended tax status of the Notes;

Sndesetting

g

assure the exclusion of interest from gr

for inclusion in the transcript of

pertaining to Section 148an

appropriatecertificate on behalf of the City, inin compliance bythe facts, estimates and circumstances, and reasonable expectations of the City p

and theRegulations, and the

representations,

the Code

tie

theRegulations

of the City reg g

the City with sections 141 throughpresently foreseeable, the

The Director of Finance shall keep andmaintain

adequaterecords pertaining

to the

investment

otes whichproceeds of the Notes sufficient to permit, to the maximum extent possible and pbe invested on an unrest'ictCity to comply with any The Director of Finance of the

federal law or regulation now or hereafter having applicabilityLimits the amount of Note proceeds which may

rofits to, the Unitedrebate

arbitrageprofits to the United States Departments

the Treasury•

a licability to theCity is hereby authorized and directed to file such reports with, and rebate arbitrage pStates Department of the Treasury, to the extent that any federal law or regulation having ppNotes requires any

suchreports or rebates.

on behalf of this Council,

Section 13. A ointment of Bond Counsel. The Director of Finance, approval of the Director ofis hereby

authorized to appoint the law firm of Bricker & Eckler LLP to serve as bond counsel for e

Notes. The fees to be paid to such firm shall be subject to review

icesnand shall be paid upon closing

Finance, shall not exceed the fees customarily chargedof the financing from proceeds of the Notes.

Section 14. Transcri t ofProceedin s

Execution ofAdditional

Documents. The ° mo

the Nes

a true transcript of proceedings pertainingcharge of the minutes of the Council and any other officers of the Council, or any of them individually, inth

are

hereby authorized and directed to prepare and certifyand to famish a copy of such

transcript to the OriginalPurchaser. Such transcript shall

include

to

certified

the books and records undercopies of all

proceedings and records of the Council relating

al centficate ofteuClerk of Comic and a no- the Notes and certificates as to matters withinlimited to a general

or

ti

shown by

their custody and control, includinglitigation certificate of te Ma

of the City as to the facts statedtherein.

uch certified copies and certificates

shall be deemed representations

suchadditional

instruments, agreements,

certificates, and other

execute and

The Director ofFinance is hereby

authorized anddirected to take such actin

out theointent of thisdeliver, on behalf

c

this Council, or appropriate in order to carrydocuments as may be in their discretion necessary

discretion shall deem necessary or appropriate. ordinance. Such documents

their

shall be in the form not substantially inconsistent with the terms of thisordinance, as they to

of the Notes in order to makeSection 15. Satisfaction of

Conditions for Note Issuance. It is herebydetermined that

formed in

conditionsand things necessary to be done precedent

thaand

happened, been done and been prebY

them legal, valid and binding obligations of the Cityregular and due form as required by law; that the full faith, credit andrevenue of the City ad that no

irrevocably pledged for the prompt payment of the principal and interest thereof at maturity; limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing theNotes.

and relating to the adoption of this ordinance were adopted inSection 16. Coin liance with O on Meetin P uirements. It is hereby found and determine thatall formal actions of this Council concerning

256

ublic, in compliance with all legalan open meeting of this Council, and that all deliberations of this Council and of any of its committees thatresulted in such formal action, were in meetings open to the prequirements including Section 121. 22 of the Ohio Revised Code.

Ohio. Section 17. Filin of Bond Ordinance. The Clerk of Council is hereby directed to forward acertified copy of this ordinance to the County Fiscal Officer of Cuyahoga County,

health and safety, and to provide for theSection

this

Bluer encv Measure. This ordinance is hereby declared to be an emergency measurenecessary for the immediate preservation of the public prope > usual daily operations of

municipaldepartments, and for the further reason that this ordinance is required

No

s in the issuanceto be immediately

to beeissued by therC

to issue

City into

anconsolidated

note issue and obtain saving

bine the Notes

c in

with

ofhail takeeffect and bean force at the earliest datepossible as set forthvinoArthcle III, Sections 10 and 13S

of the Charter.

Adopted: 2015 president of Council

Clerk of Council

Approved: 2015

Mayor

26

VARIOUS PURPOSE IMPROVEMENT NOTES, SERIES 2015SEWER IMPROVEMENT - WEST &NDPORTION)

To: The City Council of theCity ofLakewood, Ohio

The undersigned Director of Finance of the City of Lakewood, Ohio as the fiscal officer of saidCity, hereby certifies as follows:

s described as follows ( the " Improvements ") exceeds fiveI The estimated life of the improvement

years:

To pay costs of West End Sewer Separation project, together with allnecessary appurtenances thereto

2calculated in accordance with Section

proposed

133. 20, Ohio Revised Code

the

is 40 years ,epprovided that if

notes are issued in anticipation of the issuance of such bonds, the maximum maturity of suchnotes is 20 years.

Dated: February 17, 2015

27

Director ofFinance

City of Lakewood, Ohio

PLACED ON 1ST READING &REFERRED TO THE

FINANCE CO1* V ousFp SE1WROVenuv NOS SEans20tsROADWAY %jpROVENENr PORTION)

InORDINANCE NO. $ = 15

AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at leastfive members of council, or otherwise to take effect at the earliest period allowed by law, authorizing theissuance of notes in the amount of not to exceed $ 1, 500,000 in anticipation

entheissuance of bonds;

a

pay

the costs of resurfacing Arthur Avenue, Carabel Avenue, Clifflale Avenue, Cook Avenue, CranfordAvenue, Sloane Subway, SouthAvenue, Edgewater Drive, Edwards Avenue, Garfield Avenue, Kenneth Avenue, Lake Point Drive, MaileAvenue, Nicolson Avenue, Ogontz Avenue, Owego Avenue,

Rin the c

Marginal Drive, St. Charles Avenue, and other streets located within the city.

of Lakewood, OhioWHEREAS, the Director of Finance ( the " Director of Finance ") of the Citythe " City ") has certified to this Council that the estimated life of the improvement stated in the title of thisof bonds and notes

hereinafter

ordinance

ive roset"

maximum maturity

e

of bonds being 10 years and notes being 15 years; and

referred

to exceedsyears,

this Council by a vote of at least five of its members determines that this ordinanceis an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forthhealth and

inArticle

rtlland that it necesnecessary for the Simmediatepreservation of thetpublcprop, y,

wood ( theof

Charter"),

safety, and

uo provide

notes with other notest beaisued by thecCCity

departments

ntto a consolidated issuessue and obtain

City tosavings in the issuance of the notes; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: purpose of paying the cost of the

City in the principal sto

Project. $

1, 500000, for the purp

rssue bonds ( the " Bonds ") of

the t}

Project.

Lted

Section 2. Terms o_ fthe Bonds. The

esBt

Bonds

maximummum average annual nteresttrate presentlyas defined herein below), semiannually until the principal sum is paid, and shall mature

estimated to be 4.50 / o per annum, payablein 10 annual installments.

Section

a

Issuance of Bond Antici ation Notes. It is necessary to issue, and this Council herebyin anticipation of the issuance of the Bonds . determines that there shall be issued, notes

the purposes of

el. Cocebind sale, tit may be in the blest interest of he City torcombine he NotesawithjT_qses

other limited tax generalobligations notes of the City authorized by separate

ordinance

es

this

used i

Council.

The Notes and such other notes shall be jointly referred to herein as the " Combined Notes." As used inthis

s shall be designated " City of Lakewood, OhiooVarVarious PurposeImprovement Notes, Series 2015, o'

Notes sh

as otherwise determined by the Director of Finance. Section 5'

the

Ter of the "

Nots ") shall be in the amount of not to eNotes'

rrxceede$1 500,000, which sum does not

anticipatory notes the Bonds. The Notes shall be dated the date established by theexceed the amount of

Director of Finance

28

and certified to this Council and shall mature ont such

such

dace shall not be

determined

onetyeDafteorrhe datenot

and certified to this Council, providedform only, in such

issuance of the Notes. The Notes shall be issued as fully registered notes n book entrydenominations

maturmg

shall beonedate and shall be numbered as determied by the Directorpof Finance. Theut not exceeding the

of Notes registered notes in book -entry form in denominations of $100,000 or anyNotes shall be issued as fully reg

intgrablemultiple

a transaction

0

ion exempt from the °requirementsoof

Rule

a

5c2t12 ofltheeUnted States

shall

Securities and Exchange Cotmnission.

The Director of Finance is authorized and directed to execute a Certificate of Fiscal Officerconsistent

Relating to Terms

withe

reNotes (the " Certificateordinance,

f Fical officer") spresent the same t this Council

ftertclosing.

Notes,

Section 6. General obligation Pledye. The Notes shall

bed for

full

he proempt payment f the sameand the full faith, credit and revenue of the City are hereby pledge(

of

The par value to be received from the

saleboe used only fordthe retirement

hereby

the Notes at maturity andareonds

the Notes shall, to the extent necessary, hereby pledged for sueh purpose. The Notes may be issued in one or more series.

Section 7. Debt Se_ r___ iecLe . There shall be and is hereby levied annually

direct

all the taxable

property in the City, in additionrto

g

l other taxes

the Notes are

e ten in"'

ntdinglimitation, inan amount notless thanthat

Service Levy ") for year of the Notes, for the

which would have bee], levied

an amount whichibeen

suffilen

issued

o providehfundsrto pay interest upon the NotesPI of providing, fund tax

as and when the same falls due and to provide a fund

hall not be lessthan the lintBest and sinkiog fund

a

maturity or upon redemption. The Debt Sery ice Levyrequired by Article XII, Section 11 of the Ohio Constitution.

The Debt Service Levy shall be and is hereby orderedcomputed,

certified, levied and extended

at

upon the tax duplicateosesforleach of such years areftcertifiedextended and colletd

t

The Debt Service

taxes general

Le derived from he Debt Service Levy shall be placed inta separate and distinct fund, which shall befunds

irrevocablypledged for the payments of the premium, if any, and interest

foregoing,

and principal

er

the otes

ig theear, the amount

and B

wdiw

available

the same falls dueother sources for he

Notwithstandir

ofte Notes and Bonds

is will e so available,

that

nt of fundsfund

Of the Debt Service Levy for such year shall be reduced

ent of the Notes and Bonds n accordance with law. e,

and the City shall appropriate such funds to he paySection 8. Sale of the Notes. The Notes shall bear interest, based on a 360 -day year of twelve 30-

day months, payable at maturity, at such rate per annum as shall

ed

determined by the Director

es

Finance

Cleveland, Ohioand

ceeeibedtoehtaswCoandcild

that such rate

sale tolKeyBanc Capital1 Markets inc

he Notes shall e, per annum.

and herebythe " Original Purchaser "), at the purchase price set forth in the Certificate of Fiscal Officer. cted to deliver the Notes, when executed, toThe Director of Finance is hereby authorized and dire

any, to the date of

the Original Purchaser

ocedsuofosuch

purchase

or prethereonshall be deposited

delivery. The p' tin the Treasury of the City and used for the purpose aforesaid and for no other purpose. 29

2

Any accruedinterest received from

tof the principal f and luteinterest onsthe Notes

the

or other

retirement fund to be applied to the pay Premium received from the sale of the Notes may beobligations of the City as permitted by law. Any pused to p

osited into the

bondsoftmentotes

in

thin the

the mannernproof

dedhby law.

Code Section 133. 01( K

or be dep by the

Section 9. Form andExecutiono Notca any and all of such signatureotmay

bea

be

facsimile, shall be

Director of Finance and the Mayor, p improvement Notes, Series 2015," or as otherwiseable as to both principal and interest at thefor whichdesignated " City of Lakewood, Ohio Various Purpose Imp

determined by the Director of Finance, and shall be payNote Registrar ( as defined hereinbelow). The Notes shall express upon their faces the purethey are issued and that they are issued pursuant to this ordinance.

in lawful money of the United StatesThe principal of and interest on the Notes shall be pay

principal of and interest on the

rar. The

of America withoutdeduction

presentation and

ofurrenders of tthetNotes at their maturity at the office of theNotes shall be payable upon p u ose or shall be entitled to anyNote Registrar. No Note shall be valid of become obligatory for any p printed on the

agent. Authentication by the Note Registrar shallsecurity

i benefit under this ordinance unless and until a certificate of authentication, asNote, is signed by the Note Registrar as in s •

delivered under l

authenticated

be conclusive

te Noted benefit of thisThecertificateof authentication

ordinance and entitled t the security anmay be signed by any

officer or officers of the Note Registrar or by such other person acting as

shallll

agent

no

of the Note Registrarhat the same

authorizerperson sign the

Director

floatiof authentication on all of

thelNoteslnot

be necessary

Section 10. AnnointmentofNoteReeistrar.

eeDtrWithruchtbank or otheroappopr'tattfmancsl

Registrar Agreement

execute on behalf of the City a Note Regnote re istrar, transfer agent, institution as shall be acceptable to the Director of Finance and the Original Purchaser, pursuant to whit

for the Notes. Interest shall be payable at maturity by check orsuch bank or

shall bal institution shall agree to serve as authenticating

agent,

maintained

and paying agent ( the " Note Registrar,,) draft mailed to the

tr

Registered

a

anownete Not

as shown

shall

le

be

registration

nable or unwilling to serve as such, or

by the Note Reg the Director of Finance may, and is herebythe Director of Finance in such officer' s discretion shall determine that it would be in the best interest oenter into an agreement with a national banking association Or otherthe City for such functions to be performed by another pa

authorized and directed to, such services, to perform the services required of theappropriate institution experienced in providing s

istrar. So long as any of the Notes remainNote Registrar hereunder. Each such successor Note Registrar shall promptly advise all noteholders ofthe change in identity and new address of the Note Regoutstanding, the City shall cause to be maintained and kept by the Note Registrar, at the office of theNote Registrar, all books and records necessary

Subjet to the provisions

changc and

of this ordinancesthe person in

provided in this section ( the " Note Register"). Register shall be regarded as the absolute ownerwhose name any Note shall be registered on the Note Reg shall be

thereof for all purposes. Payment of or on account of the principal of and interest

tr

anyshall b

eashall

made only to

to the contrary, but the registration may be changed as herein providedrRll payments

affected

by any noticebe valid and effectual to satisfy and discharge the liability upon the Notes, including the Merest thereon, ffs so paid.

to the extent of the amount or amount

istrar, together with a

Any Notes, uponpresentation and surrender at the office of the Note Reg g

request for exchange signed by the registered owner or by a person authorized by the owner to do so by a30.

3

to the umnaturedbe exchanged for Notes of the same

power of attorney in a form satisfactory to the Note Registrar, may on the sameform and of any authorized denomination or denominations equal in the aggregateprincipal amount of the Notes surrendered, and bearing interest at the same rate and indate.

A Note may be transferred

eher with anassignmentnt executd by thearegisteed ownereor bya personRegister upon

office of the Note Registrar, tog power of attorney in a form satisfactory to the Note Registrar. Uponauthorized by the owner to do so by a pthat transfer, the Note Registrar shall complete,

authenticat

at to the nnnratued principal amount of theauthorized denomination or denominations equal in the aggregateNotes surrendered, and bearing interest at the same rate and maturing on the same date.

The City and the Note Registrarbusness 15 days before he day of mailing of a notice of redemption fperiod beginning at the opening or ( ii) any Notes selected for

such

Notes, and ending at the closeart, following

f burin ss

date

e

such mailing-

mailing,

redemption, in whole or in p

In all cases in which Notes are exchanged or transferred hereunder, the City shall cause to beexecuted

ordinance.

NTheRegistrar

hange

shall authenticate anshalt be wt .out charge to the ownedaexcept that the Councilof this

or oth

and Note Registrarr

pad with respectgto the exchange or transfer. • The Council or the Note

er

Registrar may

chargerequired

require that

ll Notes issued uponanytransferor exchange shall be the valid obligations •of the Ctyevidencing

Notes. the same debt, and entitled to the same benefits under this ordinance, as the Notes surrendered upon thattransfer or exchange.

Section 11. Rook En tem' For purposes of this ordinance, the following terms shalt havethe following meanings:

Book entry form" or " book entry system" means a form or system under which (i) the beneficialright to payment of principal of and interest on the Notes may be transferred only through a book entryand ( ii) physical Notes in fully registered form are issued only to a Depository or its nominee asthe Notes " immobilized" to the custody of the Depository, and the book entry isregistered owner, with

the record that identifies the owners ofbeneficial interests in those Notes. enc under federal law

Depository" means any securities depository that is a clearing ag yoperating

and maintaining, together with its participants, a book

rnand

system

includes The Dpostory Ttrust

ownership of notes and to effect transfers of obook

eYorkCompany (a limited purpose bust company),

system, and the

The Notes may initially

pp

issuednotwithstanding any Other provision of this ordinance: ( i) thereprovisions of this Section shall apply, rr those Notes shalt be registered in the name of the Depositoryshall be a single Note of each maturity, ( ) or its nominee, as registered owner, and immobilized in the custody of the Depository; ( iii) the beneficial

form shall be shown byreceive

owners in book wnform

ofbeneficial intright

ern in any Notes in book entry

of physical securities or

certificates;

oen ( )

p

book entry; an v) the Notes as suchbook entry on the system maintained and operated by the Depository, and transfers of the ownership obeneficial interests shall be made only by the Depository and byshall not be transferable or exchangeable, except for transfer to another Depository or to another nominee31

4

rther action bywithout fu

of a

Deedit

the, name of a Depository or its

thehall be payableain same day funds delivered to theCity Note service

registerDepository or its authorized representative upon presentation and surrender of Notes as provided in thisordinance. with the

The Note Registrar may, with the approval of the City, enter into anagreement

ifor making all

portion thereof (other than anybeneficial owner or registered owner of anyNote in the custody of a Depository place and in a manner ( including wirepayments to that owner of principal and interest on that Note or any

payment of the entire unpaidprincipal amount

thereof)

n

a e,

Registrar and to the City. Thattransfer of federal funds) other than as provided in this ordinance, without prior presentation or surrenderof the Note, upon any conditions which shall be satisfactory to the Note Regpayment n

i due, or, with respect to the payment of interest, assof the applicabledate agreed

the

ponaas

that principal istrar will furnish a copy of each of those agreements, certified to beagents for Notes and to the City. Any payment of principalthe case may be. The Note Regcorrect by the Note Registrar, to other payingor interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for apurposes of, this ordinance.

Finance, Clerk ofIf requested,

d and theMayor,

execute,

DDirector of I

edge and deliver, Cm the name of and on berhalf of the City, heis authorize agent for the Notes and The Depository Trust Company, asletter agreement among the City, the paying gdepository, to be delivered in connection with the issuance of the Notes to the Depository for use in a booentry system in substantially the form submitted to this Council.

Registrar may attempt to establish a securities depository/ book entrycontinue to act as a depository for the Notes for use in a boo

If any Depository determines not toentry

system, the City and the Note Reg Y

istrar, after the Note Registrar has maderelationship

with anotherqualifiedrD

positand theeNote Regis

If the City and the Note Registrar

do not or are unable to

f

so,

istered form to theprovision for notification of the beneficial owners by the then Depository, shall permit withdrawal oft eNotes from the Depository and

authenticate and deliver bond certificates

in fully T

O

Registrar, of those

assigns

of the

Depository

ventrtnotrthe result of actionor

cost

naction by the (

includingr

the Note Reg

sing definitive

Notes), r

persons requesting such issuance.

Section 12. Federal Tax Law Compliance. The City hereby covenants that it will comply with thegross income for federal income tax purposes, including withoutrequirements

n all existing and future laws which must be satisfied in order that interest on the Notes is anwill continue to be excluded from gt financed with the proceeds of the Notes so that the Noteslimitation restrictions on the use of the propertywill not constitute "

private activity

The City further covenantgs thatet will restrict theusse of he proceedsds of

of 1986, as amended ( the " Code" if any, as may be necessary, after taking into accountt

t3

the Notes in such in and to such extent X

reasonableexpectations

of the Code and

e theregulations

dprescribed

thetaeunder ( the "Regulations")-

earbihage bonds

under Section

The Director of Finance, or any other officer of the City , including the Mayor, is hereby authorizeand directed ( a) to make or effect any election, selection, designation, choice, consent, approval under the

on behalf of the City with respect toose of assuring, enhancing or potecng favorable tax treatment or thefederal income tax laws, for the pure

ent of penalties, orstatus of the Notes or interest thereon or assisting

compliance

rebate

amounteweanyf patt purpose, reducing

the burden or expense of such compliance, reducing any32.

making anypayments of special amounts in lieu of making

computations to determine, or paying, any

the Director of

excess earnings as rebate, or obviating

and signed

amounts or

by the Directortof Finance, r any other officer of theFinance, which action shall be in writing lc

appropriate toCity, including the Mayor, on behalf of the City; (b) to take any and all actions, make or obtain calculations, and make or give reports,

covenants an ce

income and the intended tax status of the Notes; and (c) to

forth

assure the exclusion of interest from gross

to Section

forth

pCity pertainingan appropriate certificate on behalf of the City, for inclusion in the transcript of proceedings, settingregarding compliance bythe facts, estimates and circumstances, and reasonable ex ectations of the Cr pand the Regulations, and the representations, warranties and covenants of the City reg $

the City with sections 141 through 150 of the Code and the Regulations. The Director of Finance shall keep and maintain

adequaterecords pertaining to investment

foreseeable,

all

the

proceeds of the Not

anyfederal law

permit,

tothe

now

maximum

e

ten

hav'nglapplcability tlo the NotehwhichCity to complyI. the amount of Note proceeds which may be invested on an

unrestricted yield or requires

the

City

nUnitedrofits to, rebate arbitrage profits to the United States Department of the Treasury. The Director of Finance of eCity is hereby authorized and directed to file such reports with, and rebate arbitrage p' States Department of the Treasury, to the extent that any federal law or regulation having applicability to theNotes requires any such reports or rebates.

Section 13. A ointment of Bond Counsel. The Director of Finance, on behalf of this Council, approval of the Director of

is hereby authorized to appoint the law firm of Bricker & Eckler LLP to serve as bond counsel for the

Notes. The fees to be paid to such firm shall be subject to review and appFinance, shalt not exceed the fees customarily charged for such services, and shall be paid upon closingOf the financing from proceeds of the Notes.

Section 14. Transcri t of Proceedin s Execution of Additional Documents. The officer havingto the Notescharge of the minutes of the Council and any other officers of the Council, or any of them individually' are

hereby authorized and it

such transcript

o prepare aniheOriginal Porch

aserptSuch transcript

pertaining

l include certified

and to furnish a copycopies of all

proceedings and records of the Council relating to the power and authorityof the City to issue

books and records

the Notes and certificat

including but not lmtited to a general

or

ertificate of the Clerk of Council and a nores as to matters within

their custody and clitigation certificate of the Mayor and the Director of Finance, and such certified copies and certificatesshall be deemed representations of the City as to the facts stated therein.

agreements, certificates, and otherThe Director of Finance is hereby authorized and directed to take such action and to execute anout the intent of thisdeliver, on behalf of this Council, such additional instruments, documents as may be in their discretion necessary or approppropriate in order to carry

ordinance. Such documents shall be in the form not

subspsubstantially consistent with the terms of this

ordinance, as they in their discretion shall deem necessary or a p' pof the Notes in order to makeSection 15. Satisfaction of Conditions for Note Issuance. It is hereby determined that all acts,

obligation of the City have happened, been done and been performed inconditions and things necessary to be done precedent to and in the issuingthem legal, valid and binding g

and that noregular and due form as required by law; that the full faith, credit and revenue of the City are herebyirrevocably pledged for the prompt payment of the principal and interest thereof at maturity; limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing theNotes.

336

Section 16. Com Hance with O en Meetin Re uirements. It is hereby found and determined thatadopted

all forma s Council lluncil and that a deliberations of this Council and of any of is committees thatan open meeting of this COresulted in such formal action, were in meetings open to the public, in compliance with all legalrequirements including Section 121. 22 of the Ohio Revised Code.

Section 17. Filin of Bond Ordinance. The Clerk of Coun

CountybOhioectedto forward a

certified copy of this ordinance to the County Fiscal Officer of CuyahogaSection 18. Bmerae_ ncoy Measure. This ordinance

property,

ipherebyhealth and safety, and to provide for the

necessaryfor the immediate preservation of the public

the

er ,

usual dailydiaily operations

effective inordertoissuenand

and

ell the Notes torenenable the City to

ordinance

ombine the Notes

to

of

with

the

her notes topbovidedatreceives

r

he affi -ma ve vote of ateleat five of this Counciil, ithis ordinanceissue and obtain savings

shall take effect and

vi in force the earliest date possible as set forth in Article III, Sections 10 and 13of the Charter.

Adopted: 2015 President of COUICI

Clerk of Council

Approved: Mayor

347

VANOUS pURPOSEIMPRovpmBwNOTES, SEuB 2015ROADWAY DOPFOVEMENr PORTION)

To: The City Council of theCity of Lakewood, Ohio

The undersigned Director of Finance of the City of Lakewood, Ohio as the fiscal officer of saidCity, hereby certifies as follows:

rovements") exceeds five

1. The estimated life of the improvements described as follows ( the " Impyears:

To pay the costs of resurfacingArthur Avenue, Carabel Avenue,

Drive,

Cliffdale Avenue, Cook Avenue, Cranford Avenue, EdgewaterEdwards Avenue, Garfield Avenue, Kenneth

t Avenue, LOwegointt

Dive, Maile Avenue, Nicolson Avenue, g

Rockway Avenue, Sloan Subway, South Marginal Drive, St. CharlesAvenue, and other streets located within the City

2, The maximum maturity of the bonds proposed to be issued to pay the cost of the Improvements, calculated in accordance with Section 133. 20, Ohio Revised Code, is 15 years, provided that ifnotes are issued in anticipation of the issuance of such bonds, the maximum maturity of suchnotes is 20 years.

Dated: February 17, 2015

35

Director ofFinance

City ofLakewood, Ohio

PLACED ON 1ST READING & REFERRED TO THE

FINANCE COMMITTEE 2/ 17/ 15. VARIOUSP[ Rn5E IMPROVEN0Mi' NOTFS. SERBS 2O1SPARRS A7PROVEMENTPORTION)

By:

ORDINANCE NO. 9 - 15

AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at leastfive members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing theincluding Lakewood Park, together with allissuance of notes in the amount of not to exceed $ 950,000 in anticipation of the issuance of bonds; o pa

the costs of improving parks within the city, necessary

appurtenancesthereto.

of Lakewood, Ohio

WHEREAS, the Director of Finance ( the " Director of Finance ") of the Citythe " City ") has certified to this Council that the estimated life of the improvement stated in the title

fethisg Year and notes being 15 years; andordinance ( the " Project') which is to be financed with the proceeds of bonds and notes hereinafter referred

to exceeds five years, the maximum maturity of bonds being 10 yWHEREAS, this Council by a vote of at least five of its members determines that this ordinance

of (the

is an emergencymeasure

l0 and 13

t

ofdi

Second Amended

e

Charter oflthe City ofLakewoodLak

health and

ance shall take

in Articlepublic ro erty>

Charter "), and that it is necessaryfor the immediate

preservation

p

the p P P

safety, yinto a consolidated issue and obtainand to provide for the usual daily operations of municipal departments and further to allow the

City to issue the notes with other notes to be issued b the Citysavings in the issuance of the notes; now, therefore,

BE IT ORDAINED BY TIE CITY OF LAKEWOOD, OHIO: Issuancee ofBonds. It is hereby declared necessary to issue bonSection 1.

ds ( the " Bonds ") of

sum of not to exceed $ 950, 000, for the purpose of paying the cost of the Project. the City in the principal

Section 2. Terms o. f the Bonds. The Bonds shall b. dated prior

average

the maturitydate

to

the Notes

uni

as defined herein below), shall bresemiannualty until the prncpal sumais paid,

as

shallmature

Presently

estimated to be 4.50% per annum, Payablein to annual

installments.

necessary to issue,

Sectiontere shall be

of

issued,

n

notes in anticipation of the issuance of the Bonds. d this Council hereby

determines that

combine the Notes withSection 4. Combinin Notes for Pu oses of Issuance and Sale. It is hereby determined, that orthe pure

y authorized by separate ordinance of this Council- the of issuance and sale, it may be in the best interest Of the City

in

other limited tax general obligations notes of the CityThe Notes and such, other notes shall be jointly referred to herein as the " Combined Not

Seriesc2015," i

or

this ordinance, the trm "Notes , shall also mean the Combined Notes, whovemnt Notes,

The Combined

Notes shall be designated " City of Lakewood, Ohio Various purpose Impas otherwise

determined by the Director ofFinance.

elating _to Tenns

Section 5. Terms of the

shall be in theamount of nOolexced $950000, which umedoes ' lot

of

anticipatory notes ( the " Notes ) exceed the amount of the Bonds. The Notes shall be dated the date established by the DDirector

r

the date ofand

certified to this Council and shall mat

that such date shall not be

determined

than Ono year

m

after the

n suchure on such

and certified to this Council, providedissuance of the Notes. The Notes shall be issued as fully registered notes in book entry36

the Director of Finance. Ther

Finance, but not exceeding the principal amountdenominations as shall be determined by the Directorof Notes maturing on any one date and shall be numbered as determined byNotes shall

to

issued as fullyregistered

notes in book -entryform in denominations of

ote-,

00 or any

integral multiple of $a,0actin

exempt from therequirementsoOf

Rule

a

15cc2t12OfltheeUnUnited StatesCoupons shall

shall be sold inSecurities and

ExchangeCommission.

d anirected to execute a Certificate of FiscalThe Director

Notesante`

is auth

fcare ofFiscalOfficer ") sett

officer

ing forth the final terms of the Notes, Relating to Termsconsistent with the

requirements of this ordinance, and to present the same to

general obligation of the City, g

for the prompt payment of the same. Section 6. Genexal` t1O —n pledge. The Notes shall be the

t

g

and the full faith, credit and revenue of the City are hereby pledgedbe used only

for the retirement of the Notes at maturity and are

of

The par value to be received from the sale of the Bonds and any excess funds resulting from the Issuancethe Notes shalt, to the extent necessary, be issued in one or more series. hereby pledged for such purpose. The Notes may

Section 7. Debt Sewems' There shall be and is hereby levied annually on all the taxableproperty in the City, in

in an amount not less than thataddition to all other taxes and inside the to mill limitation, a direct tax (the " De tService Levy ") for each year during which any of the Notes are outstanding, funds to pay interest upon the Notes

for the

which would have been levied

an amo

Bonds

t whichissufficient o pprovide,

priorissuance of

of theNotes at

withol

In of providing, ent of the principal

fund tax

shall not be less than the interest and sinkingas and when the same fails due and to provide a fund for t e repamaturity or upon

redempSection 11

Debt

the Ohio

ice

Constitution .

required by Article XII,

The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extendedears are certified, extended

for

collected

lfullt d The Debt

Se Thee and collected by theupon the tax duplicate

same officers, in the same manner, and at the same time thattaxes for general purposes for each of such yLevy shall be placed before and in preference to all other items rinci al of the Notesfunds derived from the Debt Service Levy shall be placed in a separate and distinct fund, which shall beirrevocably

pledged for the payments of the premium, if any, and interest and p P

g

a the City determines thatear, the amountand Bonds when and as the same fails due. Notwithstanding the foregoing,

funds will be available from

for

other

uch

sources

ear shallbereduced by the amount of funds which will be so available,

of the Debt Service Levyyear payment of the Notes and Bonds in accordance with law.

and the City shaltappropriate such funds to the pay

year of twelve 30-

Section 8. Sale ofthe Notes' The Notes shall bear interest, based on a 360 -day yday months, payable at maturity, at such rate per annum as shalt be determined by the Director of Financeand certified to this ConCila

provided

sodathprivat

rate

sale to iKeyBanc Capital

o

Markets Inc.,hCeveland,alOhio

and hereby are, awardedthe " Original Purchaser "), at the purchase price set forth in the Certificate of Fiscal O icer.

uizeda rice and accrued interest, if any, to the date ofThe Director of Finance is hereby authorized and directed to deliver the Notes, when executed, to

of the p p

the Original Purchaser upon payment . delivery. The proceeds of such sale, except any accrued interest or premium thereon, shall be depositein the Treasury of the City and used for the purpose aforesaid and for no other PurposeU 11 be transferred to the bondAny accrued interest received from

the sale

of the p

Of the

of a

retirement fund to be applied to the Payment

372

s

d interest on the Notes, or other

obligations of the City as permitted by law. Any premium received from the sale of the Notes may beused to pay the financing costs of the Notes within the meaning of Ohio Revised Code Section 133. 01( K) or

ddeposited into the bond retirement fund in the manner

provided by law.

by the

Section 9. Form andExecunof

that any and 11 of such signatuesmay bea

be

facsimile, shall be

Director of Finance and the Mayor, provided

rovemchNotes, Series 2015," or as otherwise

designated " City of Lakewood, Ohio Various Purpose hnp purpose for whichdetermined ,

C the Director of Finance, and shall be payable as to both principal and interest at the office oNote Registrar ( as defined hereinbelow). The Notes shall express upon their faces the purethey are issued and that they are issued pursuant to this ordinance.

principal of and interest on theThe principal of and interest on the Notes shall be payable in lawful money of the Unite Statespresentation

andsurrender of the Notes at their

ose

maturity

beentitled to anyof America without deduction for the services of the Note Registrar, The pNotes shall be payable upon pNote Registrar. No Note shall be valid or become obligatory

for any p

Registrar shall

security or benefit under this ordinanceRegistrar andagent. Authentication by the Notee unless and until a certificate

ti

authentication,

to

printed on the

Note, is signed by the Note Reg . be conclusive evidence that the Note so authenticated has been duly issued and delivered under thisfficer or officers of the Note Registrar or by such other person acting as an agentordinance and is entitled to the security and benefit of this ordinance. The certificate of authentication

maybe signed any,

of the Note Registrar

the sameauthorizedrperon sign

Director

e certificaterof authenticationOnon altofelNotes.

no

ance on

be necessary that

Bement with such bank or other appropriate financialSection 10. A ointment of Note Registrar. The Director of Finance is authorized and directed oexecute on behalf of the City a Note Registrar Agr

agent, note registrar, transfer agentinstitution as shall

beaacceptable

on shall agreetolserveras

authenticatmgrgent

Purchaser, pursuant to whit

such bank or financial istrar" for the Notes. Interest shall be payable at maturity by check orand paying

agent ( the " Note Reg ) registration books of the City maintained

Registrar shall be unable or unwilling to serve as such, ordraft mailed to the Registered Owner hereof, as shown on the regby the Note Registrar. If at any

time the Note Regand is hereby

the Director of Finance may, socithe Director of Finance in such officer' s discretion shall determine that it would be in the best interest o

enter into anagreement

with anational b

theyservices

requiredled oftethe City for suchfunctions to be performed by another party> ol- other

authorized anddirected to,

tl advise all noteholders ofappropriate

institutionexperienced in providing

suchservices,

shall promptly

as an of the Notes remainNote Registrar

hereunder. Each suchsuccessor Note Reg

istrar, at the office of thethe change in identity and new address of the Note Registrar. So long Y

e and transfer of Notes asoutstanding, the City shall cause to be. maintained and kept by the Note egSubject to the provisions of this ordinance, the person inNote Registrar, all books and records necessary for the registration, exchangeprovided in this section ( the " Note Register ").

Note shallrinci al of and interest tagshall be affectedwhose name any Noses

shall be registered

of or onaccount

the Note

top

ter

spatbe regarded as

theyabsolute

al

thereof for all pure

made only to or upon the order of that person. Neither the Ci

ed as herein provided. All payments shallby any notice to the contrary, but the registration maybe Changbe valid and effectual to satisfy and discharge the liability upon the Notes, including the interest thereon, to the extent of the amount or

amounts so paid.

stray, together with a

Any Notes, uponpresentation and

surrender at the office

noa

theof

by the owner to do so by asigned b to registered

owner or by a p be exchanged for Notes of the samerequest for exchange sign Y Registrar may

e ate to the uinnaturedpower of attorney in a form satisfactory to to Note Regform and of any authorized denomination or denominations equal n the aggi gM

principal amount of the Notes surrendered, and bearing interest at the same rate and maturing on the samedate.

A Note may be transferred only on the Note Register upon presentation and surrender thereof at theRegistrar together with an assignment executed by the registered owner or by a personoffice

iz

the Note Reg gistrar. Upon

authorized by the owner to dotrarbshall compietettauthenticate

andadelive ra newthe

Note

e

orreNotes of any

that transfer, the Note Reg ate to the unmatured principal amount of theauthorized

denomination ordenominations equal in the aggreg

on the same date. Notes surrendered, and bearing interest at the same rate and maturing

r an Note during a

The City and the Note Registrarusiness 15 days before he day of mailing of a notice of redemption ofperiod beginning at the opening or ( ii) any Notes selected forNotes, and ending at the close of business

date of

daysuch ' ailing'

mailing,

redemption, in whole or in part, following

the Notes in accordance with the provisionslrr all cases in which Notes are exchanged or transferred hereunder, the City shall cause to eexecuted, and the Note Registrar shall authenticate and deliver, governmental

Council

of this ordinance. The exchange or

chargesufficient t

without

reimburse them for any

owner; except

otheragthestar may

and Note Registrar may make a chargbe aid before it begins the procedure for the exchange or transfer of thecharge required to be paid with respect to the exchange or transfer. The Council or the Note

an

require that those charges, if any, P

Notes. All Notes

and entitled to the samebenefits under thisiordinance, as

Notesosurredered upon that

the same debt, transfer or exchange-

Section 11. Book En em' For purposes of this ordinance, the following terms shall havethe following

meanings:

the beneficial

Book entry form" or "book entrysystem"

means a form or system under which

gbook

right to payment of principal of and interest on the N tissma

onlyrtosa Depository rOritanonneetasrred only

and ( ii) physical Notes in fully registeredregistered

owner,

a identifies

the Notes

the owners of beneficialinterests inhose Notes

epository, and the book entry is

the record agency under federal lawDepository" means any securities depository thatether with its participants, a book entry system to record beneficial

is a clearing ag

operatingand maintaining,

together and includes The Depository Trustownership

of notes and to effecttransfers Ofnot

York, Newey

kform,

Company (a limited purpose trust company), and the

The Notes may initially be issued to a Depository for use in a book entry system, provisions of this Section shall apply,

notwithstanding anyother

provision of this ordinance:

Depository

there

shall be a singa those Notes shall be registered in the name oPtthbenefrcial

le Note of each maturity, Osecurities oror its nominee, as registered owner, and immobilized in the custody of the Depository; owners in book entry form shall have no right to receive Notes in the form of physicalcertificates; ( iv) ownership of beneficial interests in any Notes in book entry form shall be shown bythe Notes as suchbook entry on the system maintained and operated by the Depository, and transfers of the ownership o

beneficial interests shall be made only by the Depository and by book entry; and ( v)

form

shall not be transferable

further action by the City. Note

transfer

servicetchacharges on Notes in book entry orof a Depository,

able in same day funds delivered to theregistered it the name of a Depository or its nominee shall be pay

394

Depository or its authorized representative upon presentation and surrender of Notes as provided in thisordinance. enter into an agreement with the

istrar may, with the

approval of the City, providing for making allThe Note Reg

onionthereof (

other than any

anybeneficial owner or

registeredowner of any

Note in the custodyof a Depository P

includingwireOr

andinterest on that

a °aeplace and in a mannerpayments to that owner of

principal

Prior resentation of surrenderpayment of the entire

unpaidprincipal

amountthereof)

Registrar and to the City. provide in thisordinance,

t hwithout

to Reg

P

transfer offederal funds)

nditonswhich

shall be satisfactory

istered owner of that Note on heodate

Of the Note, upon any erson who is the leg applicable date agreed Pa ment of

interest, as of the apP eements, certified to bepayment in any

eventshall be made

tote P

of each of those agrrinci al

that principal is due, or, withrespect

giRegistrar willfurnish a copy Any

payment of p P

the case may be. The Note Reg . i agents for Notes and to the City pursuit to and for all

Registrar, to other pay" g thereof pcorrect by the Note Reg Bement shall constitute paymentor interest pursuant to such an agrpurposes of, this

ordinance.

Clerk of Council, or any other officer of this Council, If requested,

the Mayor, Dh''cctor ofFinance, the name of and on behalf of the City, the

e anddeliver, in ository Trust Company'

the City, the payingagent for the Notes and The Dap

ository for use in a bookis authorized and directed to execute, acknowledgeletter agreement amongdepository, to be delivered in connection with the issuance of the Notes to the ePentry

system in substantiallythe form

submitted to this Council.

for the Notes for use in a bookattempt

a establish a securities depository/ book entryIf any

Depositorydetermines not to continue to act as a depository

and the Note Registrar

entry system, the City and the Note Registrar may istrar, after the Note Registrar has maderelationship with another qualified Depository under this ordinance. If the citythe City and the Note Regshall permit

withdrawal

to thedo not or are

unable to do so, registered form

including costs of printing definitiveosito and

authenticateand

deliver bondcertificates

in fully Teg

of thoseprovision for notification of the beneficial owners by the then Depository'

ethe ( Registrar,

Notes from the Dep rY or the Note Regassigns of the Depository or its nominee, all at the cost an expNotes if the event is not the result of action or

inaction by the City

kith thepersons requesting such issuance. hereby covenants that it will comply

Section 12. Federal Tax Law Com liance. The Cityincluding without

of all existingand

future laws which

efbe satral1e

income tax Purposes,

rest on the Notes is an

requirements roceeds of the Notes so that the Noteswill

continue to be excludedfrom financed with the p

bonds" within the meaningof Section 141 of the Internal

Revenue

ds

e

limitationrestrictions

iv

the use of the property

into accountwill not

constitute "private activity

The City furthercovenants

that it willrestrict

after taking

proceeds of

of 1986, as amended the " Code "). as maybe necessary, bonds

the Notes in suchmanner and to such

extent, if any,

the " Regulations" )•

ode and theregulations

prescribed

thereunder (

authorizedreasonable

expectations

Cthe time the debt is recurred, so that they will not constitute arbitrage

underSection 148 of the including the Mayor, is hereby

or an otherofftcer of the City, ation, choice, consent, approval or waiver

The Director of Finance, Yselection,

design abed to be made or given under theand

directed ( a) to make or effect anyelection,

erinitted or req favorable tax treatment or theWith

respect to the Notes as

enhancing or protecting reducing

on behalf of the Cityu ose of assuring,

liance withrequirements

for that Purpose, reduci

or

federal ncome tax laws, for the p rP

rebate amount or any payment of penalties, status of the Notes

ense

thereoplianceassisting

edcing any computations to determine, or Paying, anythe burden or

expense of such comp

payments, as determined by the Director ofmaking any

Payments ofspecial

amounttsno eiamountsaoP

excess earnings as- rebate, or_ obviating40 -

5

b to take any and all actions, make or obtain

be appropriate, toFinance, which action shall be in writing and signed by the Director of Finance, or any other officer oft eCity, including the Mayor, on behalf of the City; (b)

oss income and the intended tax status of the Notes; and ( c) to giveand make or give reports, covenants and

certifications of and on behalf of the City, as may pp

forth

assure the exclusion of interest from gr proceedings,

to Section

forth

pertaining

anappropriate

certificate on behalf of the City, for inclusion in the transcript of proceeding

compliance bythe facts, estimates and circumstances, and reasonable expectations of the City pand the Regulations, and the

representations,

wanantics and covenants of the City regarding P

the City with sections 141 through 150 of the Code and the Regulations.

to investment of all

The Director of Finance shall keep and maintain adequate records pertainingapplicability to the Notes whichproceeds f the Notes su

any federal law orregulation now or hereafter havinglappd presently foreseeable, the

City to comply withlimits the amount of Note proceeds

which may be invested on anunrestricted

yield or requires the

e United

Finance of the

rebate arbitrageprofits to the United States Department of the Treasury. The Director

af

1cabilability t theCity is hereby authorized and directed

rio file

ent that anyfederal law or

regulation having ppto,

States Department of the Treasury, Notes requires any such reports or rebates.

elDirector of Finance, on

Section 13.

to, appoint the

Bo d

Coon

Brickere& Eckler LLP to serve as bond

of

ounselfor the

is hereby authNotes. The fees to

o,

paid

t such firm shall be subject to review and approval of the Director ofFinance, shall not exceed the fees customarily charged for such services, and shall be paid upon closingOf the financing from proceeds of the Notes.

Section 14. Transcri t of Proceedin s Execution of Additional Documents. The officer havingto he NotesCharge of the minutes of the Council and any other officers of the Council, or any of them individually, arehereby authorized and

of Butchtranscript to heoriginaluPuPurchaser Such transcript hall include certified

and to furnish a copyp

issue

copies of allproceedings and records of the Council relating to the power' and

the

booksand records under

the general certificate of the Clerk of Council and a no- the Notes and certificates as to matters within heir knowledge or as shown ytheir custody and control, including but not limited to alitigation certificate of the Mayor and the Director

the facts stated therein.

dsuch certified copies and certi reates

shall be deemed representations of to Citycertificates, and other

deliver, on behalf of this Council, such additionaThe Director of Finance is hereby authorized and directed to take such

action and to execute an

appropriate in order to cat' out the intent of thisl instruments, agreements,

documents as may be in their discretion necessary or p' apron

psubs

ordinance. Such documents shall be in the form not ntoalriate. consistent with the terms of this

ordinance, as they in their discretion shall deem necessary or a pr pSection 15. Satisfaction of

Conditions for N

toand in the issumgeof the

Nodeterminedin order tojmakeIssuancl

conditions and things necessaryto be done p p eneI been done and been performed inthem legal, valid and binding obligations of the City have ha pregular and due form as required by law; that the full faith, credit and revenue of the City are hereby

irrevocablypledged for the prompt

payment of the principal and interest thereof at maturity; and that

he

limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing theNotes.

Monts. It is herebySection 16. Com liance

Council

with 0

rre

1

and relating t

r

he adopton ofthis oodinance were adopted inall formal actions of this Co

41 _ 6

an open meeting of this Council, and that alldeliberations of this

public, in coplia

comttees that

all legal

resulted in such formal action, were in meetings open to thee prequirements including section 121. 22 of the Ohio Revised Code.

Section 17. Fitin of Bond Ordinance. The Clerk of Council is herebyOhio.

to forward a

io

certified copy of this ordinance to the County Fiscal Officer of Cuyahoga County,

declared to be an

Section 18. Emerge Measure. This ordinance is hereby and safety, nd torprovid for thenecessary

for the immediate preservation of the public property, reason that th

usual daily operations

l effective in opderdto

departments, and

ell the Notes torenable the City

is

to

ordinance

mbine the Notes

to be imm Ywith other notes to be issued by the City into a consolidated note issue and obtain savings in the issuancetake effect and be in force at the earliest date possible as set forth in Article III, Sections 10 and 13of the Notes; and provided it receives the affirmative vote of at least five of this Council, this ordinance

shall

of the Charter.

Adopted: —> 2015

Approved: 2015

President of Council

Clerk of Council

Mayor

427 __

VARIOUS PURPOSE IMPROVEMENPNOTES, SERiE82015PARKS IMPROVEMENT PORTION)

CERTIFICATE OF ESTIMATED LIFE AND MAXIMUM MATURITY

To: The City Council of theCity ofLakewood, Ohio

The undersigned Director of Finance of the City of Lakewood, Ohio as the fiscal officer of saidCity, hereby certifies as follows:

The estimated life of the improvements described as follows ( the " Improvements ") exceeds fiveyears:

To pay the costs of improving parks within the City, including Lakewood Park, together with all necessary appurtenances thereto

2. The maximum maturity of the bonds proposed to be issued to pay the cost of the Improvements, calculated in accordance with Section 133. 20, Ohio Revised Code, is 10 years, provided that ifnotes are issued in anticipation of the issuance of such bonds, the m_ aximum maturity of suchnotes is 15 years.

Dated: February 17, 2015

43

Director of Finance

City ofLakewood, Ohio

PLACED ON 1ST READING & REFERRED TOsFIINSANSE CMTE

2/ 17/ 15. vnwousp s ( IDy R

VEM1TIENTpoxnoN)

10ORDINANCE NO. 1010 = 15

AN ORDINANCE to take effect immediatelyprovided it receives the affirmative

vote of at least

by law

five members

ota

council, or of

o'fnot to exceed $6501000 in antcipation of the suance of bonds; to Pay

issuance of n

costs of improving sidewalks within the city. WBERBAS, the Director of Finance ( the " Director of Finance ") of the City of Lakewood, Ohiohas certified to this Council that the estimated life of the improvement stated in the title of thisthe City) which is to be financed with the proceeds of bonds and noteshereinafterears; and

refer ed

ordinance (the " Project )

to exceeds five years, the maximum maturity of bonds being 10 years and notes being Y

WI

enc measure, and thatts Ordinance shall take effectatthe earliest date

determines

as setet forth

is an emergency health andin Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood ( theCharter "), and that it is necessary for the immediate preservation of the public property, municipal

erafions of

safety, and to r

theusual dail 01

notest be issued by theCity

departmentsfurther

ntoa consoldatd issue and obtain

City to issue he notessavings in the issuance of the notes; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section

Principal sumxceed $650,000, for the purpose of payingthe post of the Project

f

the City in the p p

Section 2. TermsonBonds. The Bonds shall be dated prior to the maturity date of the Notes

as defined herein below), shall bear

semiannuallyuntil the

n averageannual

principal sum is paid, and shall mature

estimated to be 4. 50% per annum, Payablein 10 annual installments.

It is necessary to issue, Section

there shalt be issued,

notesicati pation of the issuance of the Bonds

this Council hereby

determines that

c and Sale. it is

Section 4ssuanceband sale, it moay be in the bast interest of Vile Citytoicombine he Notswith

the purposes

other limited tax generalobligations notes of the City authorized by separate

ordinance of this

used .

ro riate. The CombinedThe Notes and such other notes shall be jointly referred to herein as the " Combined Notes." As used mImprovement Notes, Series 2015," orthis ordinance, the term " Notes" shalt also mean the Combined Notes, where appNotes shall be designated " City of Lakewood, Ohio Various Purpose Imp' as otherwise determined by the Director of Finance.

Section

theNotest)

shalt be in the amount of nOolexccu $650 OOOewhich undoes not

anticipatory notesexceed the amount of the Bonds. The Notes

on s

be dated the date established by the

earnafter thedate ofand certifieddtoOthis Conch

n

provided

all ma

that such dace shallsnotl

be

determined

ater than one

Director of Finance

and certified

issuance of

as shall be determined by the Director lof Finance, but not exceedin he principal mount

44

of Notes maturingissued as fully registered noltes nubookeentry form in denominattiionstof $ 100, 000 or anyone date and

Notes shall

uirements of Rule 15c2 -12 of the United States0 in excess thereof. Coupons shall not be attached to the Notes. The Notesintegral multiple of $5, 00shall be sold in a transaction exempt from the reqSecurities and Exchange Commission.

setting forth the final terms of the Notes, The Director of Finance is authorized and directed to execute a Certificate of Fiscal OfficerRelating to Terms of Notes ( the " Certificate of Fiscal Officer) g

consistent with the requirements of this ordinance, and to present the same to this Council after closing. section

faith, credit

General Obligation pledge. e ° f the City ahe hereby pledged

forfallhe proempt

payment of

thesesame

and the fuThe par value to be received from the sale of the Bonds and any excess funds resulting from the issuance othe Notes shall,

fo such

extent

eThe

necessary,

es may be issued in one or more series,Notes at maturity and are

hereby pledged

Section 7. DebtDebt ServiceThere shall be and is hereby levied annually on all the taxable

property in the City, in addition to all other taxes and inside the ten mill limitation, a direct tax (the " DebtService Levy ") for each year during which any of the Notes are outstanding, in an amount not less than thatfunds to pay Merest upon the Noteswhich would have been levied if the Bonds had been issued without the prior issuance of the Notes, fort ePurpose of providing,

and n an amount which is sufficient to provide,

fund tax

as and when the same falls due and to provide a fund

shall not be lessthan the interest andsinkingfund

at

maturity or uponredemption.

section

The Debt Sery11 of the Ohio

iceConstitution.

required by Article XII,

The

x duplicate and collectedc

shall

thensame officers, in te samemanner, certified,

nd at thename time thatupon the to ptaxes for general purposes for each of such years are certified, extended and collected. The Debt ServiceLevy shall

i ed from he Debt Service Levy shall be placed ina separate and distinct

amount

fund, which shall be

funds de

irrevocably pledged for the payments of the premium, if any, and interest

foregoing,

and principal

er

the otes

ear, the amount

and Bonds when and asbe ava ]able from other

sources for he payment ofte

the

Notes and Bondsin any y

determines that

funds w

of the

e

Debt

shallappropriate such funds tolthe payment of the Notes and Bonds n accordance with law.

available,

and the City year of twelve 30-

Section 8. Sale of_ the Notes. The Notes shall bear interest, based on a 360 -day y

per

day oaths, pa abl

Council, provided that such ratashll not exceed 5. 00 %o per annual

Director

Notes hall be,

and certified

and herebyi nal Purchaser"), at thehe purchase price

sale

et forth m the Certificate

Capital

of Fiscal officer.

Ohio

the O g

The Director ofFinance

ismrnt of

thehoandace

and ae trued intrest, if anyet

executed,

the dae of

est orthe Original Purchaser upon p ypurchase p

accrued inter

delivery. The proceeds of such sale, except anyose aforesaid and for no other purpose

shall be deposrte

in the Treasury of the City and used for the pure

Any accrued interest received

t e paymentt of the

of e

f and

shall

nterest onsthe Notes, tor other

pyprincipal

retirement fund to be app premium received from the sale of the Notes may eobligations of the City as permitted by law. Any p

452

used to pay the financingthe

costs of

retirement fund in '

thin

themannernprovid

f Ohio

d by law.

Code Section 133. 01( x)

or be deposited into

Section 9. Form and ExecuTOVided tthat any and li of sunh signaturestmaybea

befacsimile, shall be

Director of Finance and the Mayor, p

rovemchNotes, Series 2015," or as otherwise

designated " City of Lakewood, Ohio Various Purpose l nprThe Notes shall express upon their faces the purpose for which

h principal and interest at the Office ofdetermined by the Director of Finance, and shall be payable as to botNote Registrar ( as defined hereinbelow). they are issued and that they are issued pursuant to this ordinance.

Registrar The principal of and interest on thThe principal of and interest on the Notes shall be payableReg

ein lawful money of the United States

of America without deduction for the services of the Note at the office of the

Notes shall be payable uponpresentation and

surrender of the Notes at their maturity

tinted on the

Note Registrar.

payable

Note shall be valid or become obligatoryfor any.

purpose

ti

shall be entitled to any

ent. Authentication by the Note Registrar shallsecurity

i benefit under this ordinance unless and until a cert ificate of authentication, as pNote, is signed by the Note Registrar as authenticating agbe conclusive evidence

s entitled t

that

t eesNote

so at

and benefit of thissordinance. The certificate ofauthentication

t

been duly issued and

ithenticated

ordinance and It shall not

may be signed by any, or officers of the Note Registrar or by such other person acting as

shall

agent

of the Note Registrar as shall be approved by the Director of Finance on behalf of the City. be necessary that the same authorized person sign the certificate of authentication on all of the Notes. Bement with such bank or other appropriate financialSection 10. Aunointment ofNote Regishar. The Director of Finance is authorized and directed to

gpursuant to which

execute on behalf of the City a Note Registrar

of agent, note registrar, transfer agent, institution as shall be acceptable to the Director of Finance and the original Purchaser, psuch bank or financial institution shall agree to serve as authenticating g

maintainedand paying agent ( the , Note Registrar") for the Notes. Interest shalt be payable at maturity by check ordraft mailed to the Re,

atany time the Note Registrar shall be

registration

nable or unwilling to etve as such, or

by the Note Reg y

the-Director of Finance may, and is herebythe Director of Finance in such officer' s discretion shall determine that it would be in the best interest othe City for such functions to be performed by another party, authorized and

directed to, enter into anagreement with a national banking

association or other

e

appropriateinstitution

experienced in providingsuch

services, to perform the

advisea

required

er

the

Registrar. So long as any of the Notes remainNote Registrar hereunder. Each such successor Note Registrar shall promptly advise all noteholders oshall cause to be maintained and kept by the Note Registrar, at the office of thethe change in identity and new address of the Note Reg

isriation, exchange and transfer of Notes asoutstanding,

the City erson in

Note Registrar, all books and records necessary

t ") tote provisions of this ordinance, the p

provided in this section ( the " Note Register

n . ister shall be regarded as the absoluteowner

shall be

whose name anyNote shall be registered on the Note Reg

Registrar shall be affectedthereof for all purposes.

the

payment

that person. Neither the City nor the NotetReg

on any11 b a

shall

made only to p changed as herein provided. All Paymentsby any

notice to the contrary, but the registration may Chang

be valid and effectual to satisfy and discharge the liability upon the Notes, including the interest thereon, to the extent of the amount or amounts so paid.

Registrar, together with a )

fflee of the Note

Any Notes, uponpresentation and surrender at the

person authorized byte owner to do so by arequest for exchange

signed by the registeredowner or by P be exchanged for Notes of the same

authorizeddenomination or

ore Rnataons equal in the aggregate to the unmaturedpower of attorney in a foam satisfactory to the Note Registrar, mayform and of any

46

principal amount of the Notes surrendered, and bearing interest at the same rate and maturing on the samedate. Register upon presentation and surrender thereof at the

A Note may be transfened only on the Note istered owner or by a person

ignment executed by the Ioffice of the Note Registrar, together with

of

s

attorney in a form satisfactory to the Note Registrar: Uponauthorized by the owner to do so by a power to the unmatured principal amount of thethat transfer, the Note Registrar shall complete, authenticate and deliver a new Note or Notes o anauthorized

denomination ordenominations equal in the aggregate

on the same date.

Notes surrendered, and bearing interest at the same rate and maturing

an Note during a

transfer or

The City and the Note

Rog business

shall not ben days before the day of mailing of anotice of redemption of

period beginning at the opening a an Notes selected forNotes, and ending at the close of business on the day of such mailing, or (

i)

Y

redemption, in whole or in part, following the date of such mailing.

shall cause to be

In all cases in which Notes are exchanged or transferred hereunder, the Cityexecuted, and the Note Registrar shall

authenticate and deliver, the Notes in accordancewith the provisions

pt

of this ordinance.

trar maymakea charge

sufficient to riehmburse them for anytraxxorxotheragovermn

governmental

and Note Regr Y

chargerequired to be paid with respect

before it begins the procedure for the exchange °or transfer of thehe Council Or the

require that those charges, if any, paid.

Notes.

e

All Notesentitled to the same

benefits under thislordinance, astheallotesurhendered upon thatexchange

the same

transfer or exchange.

Section 11. Book Ensstem' For purposes of this ordinance, the following terms shall havethe following meanings:

the beneficial

Book entryform" or "book entry

system" means a form or system

under which

g

istered form are issued only to a Depository or its nominee asright to payment of principal of and interest on the Notes may be. transferred only through a boo entryand ( ii) physical Notes in fully regregistered

thater, with the Notes

the owners ofbeneficial interests

to

hose

Notensepository, and the book entry rs

of the

there enc under federal law

ether with its participants, a book entry system to record beneficialDepository" means any securities depository that is a clearing agoperating

and maintaining, tog form, and includes The Depository Trustownership

of notes and to effecttransfers of okbNe

entry

Company ( a limited purpose trust company), there

ystem, and the

The Notes may initially be issued to a Depository for use in a book entry sthose Notes shall be registered in the name

ofthe Depository

tcbeneficialprovisions of this Section shall apply, notwithstanding any other' provision of this ordinance: ( r) shall be a single Note of each maturity, (

ii) securities or

or its nominee, as

eegisfo owner, ner,

have no

immobilized

eceive Noesyin the form of physical (

owners in book entrycertificates; ( iv) ownership of beneficial interests in any Notes in book entry form shall be shown ythe Notes as suchbook entry on the system maintained and operated by the Depository, and transfers of the ownership obeneficial interests shall be made only by the Depository and by book entry;

and ( v)

formes on Notes in book entry

shall not

l i transferable or exchangeable, except for transfer to another Depository or to another nomineeof a Depository, without further action by the City. Note service chargesregistered

it the name of a Depository or its nominee shall be payable in same day funds delivered to the47

Depository or its authorized representative upon presentation and surrender of Notes as provided in thisordinance.

The Note Registrar may, with the approval of the City, enter into an agreement with thebeneficial owner or registered owner of any Note in the custody of a Depository providing for making allpayments to that owner of principal and interest on that Note orace and ina manner ( including wirepayment of the entire unpaid principal amount thereof) at a ptransfer of federal funds) other than as provided in this ordinance, without prior presentation or surrenderof th,, Note,

any event

conditions

e made to tshallson who is he registeregistered owner of that Note on thehe datepayment of the

that principal is due, or, with respect to the payment of inteof each of thosepatgragreements, certified to bethe case may be. The Note Registrar will furnish

ents for Notes and to the City. Any payment of principalcorrect by the Note Registrar, to other paying gor interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for alpurposes of this ordinance.

Director ofFinance, Clerk of Council, or any other officer of this Council, If requested, the Mayor

is authorized and directed to execute, acknowledgnt forthe Notes and The Depository Trustt Company, asletter agreement among the City, the paying agentdepository, to be delivered in connection with the issuance of the Notes to the Depository for use in a booentry system in substantially the form submitted to this Council.

es for use in a bookiry

entrysystem, the City and the Note Registrar may

attempt to e

depositoryablish a securitiesitesdepository/bookitory/book entry

relationshipwith at

qualified

hDepository

and

theeNote R

ordinanc

strar, afterhthe Note Registarehasgmadedo not or are unable to do so, provision for notification of the beneficial owners by the then Depository, shall permit withdrawal ofttheNotes

assigns

from the

of the Depository

itoryoritsnmhneecall at the cotand epense (including costs

ofRprinting ,

definitiveertificates in

Notes), if the event is not the result of action or inaction by the City or the Note Registrar, of thosepersons requesting such issuance.

Section 12. Federal Tax Law Compliance. The City hereby covenants that it will comply with thegross income for federal income tax purposes, including withoutrequirements

n all existing and future laws which must be satisfied n order that interest on the Notes is anwill continue to be excluded from financed with the proceeds of the Notes so that the Noteslimitation restrictions on the use of the propertywill not constitute "

private activity

The Ciwtfurthercovenanttsothat it wiilllrestrrestrict the tse of the proceeds of

of 1986, as amended ( the " Code"). tY

he Notes n such manner and to such extent, if any, as may be necessary, after taking into accountreasonable expectations at the time the debt is incurred, so that they will not constitute arbitrage bondsect

under Section

ect

of the Code and the regulations prescribed thereunder (the, "Regulations "). The Director of Finance,

effect anyelection, selection,

designaon

includingchoice, consent, approval or waiver

and directed ( a) to make or Y

alf

ofthe

o tax laws, fortthe purpose of assuring,

permitted

cog or protecting favorable tax treatment or thefederalstatus of the Notes or interest thereon or assisting compliance with requirements for that purpose, reducingthe burden

oraeXpents of special amounts ineleurof makingacomputatcomputations to determine, or payng >sanyiayment of

so of suchcompliance,

making any p Yinexcess earnings as rebate, or obviating those amounts or payments, as determined by the Director o48

s

Finance, which action shall be in writing and signed by the Director of Finance, or any other officer of theCity, including the Mayor, on behalf of the City; (b) to take any and ail actions, make or obtain

calculations,

to

assure the exlusion of

inteovcnantsand

rest from Boss income and the intended tax status of the Notes- gs, s tti g

give

pertaining to Section 148an

appropriate certificate

er behalf of the City, for inclusion in the transcript of proceedings, setting fortthe facts, estimates and circumstances, and reasonable expectations of the City pand the Regulations, and the representations, warranties and covenants of the City regarding compliance bythe City with sections 141 through 150 of the Code and the Regulations.

The Director of Finance shall keep and maintain adequate records pertaining to investment of allapplicability to the Notes whichproceeds of the Notes sufficient to permit, to the maximum extent possible and presently foreseeable, the

City to comply with any federal law or regulation now or hereafter having pplimits the amount of Note proceeds which may be invested on an unrestricted yield or requires the City torebate arbitrage profits to the United States Department of the Treasury. The Director of Finance of theStates Department of the Treasury, to the extent that any federal law or regulation having applicability to theCity is hereby authorized and directed to file such reports with, and rebate arbitrage profits to, the Unite

P

Notes requires any such reports or rebates.

r of Finance, onSection 13. Appoint

oint the

Bond

firm of Bricker

e&

Eckler LLP to serve as bond

of

ounsel for the

is hereby authorized to app p royal of the Director ofNotes. The fees to be paid to such firm shall be subject to review and a p'

from eoceeds of theNa ily charged for such services, and shall be paid upon closing

Finance, shall n e

of the financingproceeds

Section 14. Transcri t of Proceedin s Execution of Additional Documents. The officer havinghereby authorized and directed t prepare and centcertify artrue

transcript ofproceedingspertn

ellto

c

Notes

y of such transcript to the Original Purchaser. Such transcript shall incertified

and to furnish a copycopies of all proceedings and records of the Council relating to the power and authority of the City to issuethe Notes and certificate

custody and control, including but not limited to a generalal

or

ertifiate of e CI k of Council and a nortlitigation certificate of the Mayor and the Director of Finance, and such certified copies and certificatesshall be deemed representations of the City as to the facts stated therein.

The Director of Finance is hereby authorized and directed to take such fiates, and

t

other

deliver, on behalf of this Council, suchadditional

instruments,

order to carry out the intent of thisdocuments as may be in their discretion necessary or appropriateordinance. Such documents shall be in the form not substantially inconsistent with the terms of thisordinance, as they in their discretion shall deem necessary or appropriate.

Section 15. Satisfaction of Conditions for Note Issuance. It is hereby determined that all acts, them

conditions

rand binding obligations of the City thave happened, gbeen done and beenopperformed mreceacm

them g that the full faith, credit and revenue of the City are herebyregular and due form as required by law; irrevocably pledged for the prompt

payment of the principal and interest thereof at

exceeded

maturity; and

i

at

he

limitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing theNotes.

Section 16. Coin liance with O en Meetill Re uirements. It is hereby found and determined thatall formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in49

6

s o en to the public, in compliance with all legal

vereainlmeeingatiop

Of this Council and of any of its committees thatan open meeting of this Council, anresulted in such formal action, requirements including Section 121. 22 of the Ohio Revised Code.

Fiscal Officer of Cuyahoga County, Ohio. Section 17. Filin of Bond Ordinance. The Clerk of Council is hereby directed to forward acertified copy of this ordinance to the County

health and safety, and to provide for theSection 18. F Pr¢

eeasure. This, is hereby declared to be an emergency measure

necessaryfor the immediate

preservation of the public property,

to combine the Notesusual daily operations

effectivre in opiderdtoisuenandasell the Notes torenable he City

ordinance is require

to be immediatelywith other' notes to be issued by the City into a consolidated note issue and obtain savings in the Issuancei the Notes; and provided it receives the affirmative vote of at least five of this Council, this ordinanceshall take effect and be in force at the earliest date possible as set forth in Article III, Sections 10 and 13of the Charter.

Adopted: ----------- 2015 preside off Council

Clerk of Council

Approved: 2015 Mayor

50

VARIOUS PURPOSEIMPROVEAffdnnNOTES, SERIFS 2015SIDEWALK IWROVENM4T PORTION)

CERTIFICATE OF ESTIMATED LIFE AND MAXIMUM MATURITY

To: The City Council oftheCity of Lakewood, Ohio

The undersigned Director of Finance of the City of Lakewood, Ohio as the fiscal officer of saidCity, hereby certifies as follows:

1. The estimated life of the improvements described as follows ( the " Improvements ") exceeds fiveyears:

To pay costs of improving sidewalks within the City

2. The maximum maturity of the bonds proposed to be issued to pay the cost of the Improvements, calculated in accordance with Section 133. 20, Ohio Revised Code, is 10 years, provided that ifnotes are issued in anticipation of the issuance of such bonds, the maximum maturity of suchnotes is 15 years.

Dated: February 17, 2015

51

Director of Finance

City of Lakewood, Ohio

PLACED ON 1ST READING & REFERRED TO THE FINANCE

CMTE. 2/ 17/ 15. VARIOUS poRpOSEAIPROVEME 4TNOTES, Sews 2015

CITY FACILITIES DmROVEMEW PORTION)

ORDINANCE NO. 11 - 15By.

AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at leastfive members of Council, or otherwise to take effect at the earliest period allowed by law, authorizing theissuance of notes in the amount of not to exceed $ 250,000 in anticipation of the issuance of bonds; and topay the costs of replacing or improving the roofs of city hall, city hall annex, Winterhurst ice rinkand the city' s service garage.

WI- IEREAS, the Director of Finance ( the " Director of Finance ") of the City of Lakewood, Ohiothe " City ") has certified to this Council that the estimated life of the improvement stated in the title of thisordinance ( the " Project") which is to be financed with the proceeds of bonds and notes hereinafter referredto exceeds five years, the maximum maturity ofbonds being 11 years and notes being 16 years; and

WHEREAS, this. Council by a vote of at least five of its members determines that this ordinanceis an emergency measure, and that this ordinance shall take effect at the earliest date possible as set forthin Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood ( the

Charter "), and that it is necessary for the immediate preservation of the public property, health andsafety, and to provide for the usual daily operations of municipal departments and further to allow theCity to issue the notes with other notes to be issued by the City into a consolidated issue and obtainsavings in the issuance of the notes; now, therefore,

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Issuanc Bonds. It is hereby declared necessary to issue bonds ( the " Bonds ") of

the City in the principal sum ofnot to exceed $250, 000, for the purpose of paying the cost of the Project. Section 2. Terms of the Bonds; The Bonds shall be dated prior to the maturity date of the Notes

interest rate presently

as defined herein below), shall bearable

semiannually

maximum

t

annual

the principal um is paid, and shall matureestimated to be 4.50% per annum, payein 10 annual installments.

Section 3. Issuance of Bond Anticipation Notes. It is necessary to issue, and this Council herebydetermines that there shall be issued, notes in anticipation ofthe issuance of the Bonds.

SectionNotes for Pur oses of Issuance and Sale. It is hereby determined, that for4. Combini

est

the purposes of issuance

general obligationstons notes of theCity authoried by separate ordinance of thisoCouncil. other limited tax g g

or notes shall be jointlyThe Notes and such othintly referred to herein as the " Combined Notes." As used inthis ordinance, the term " Notes" shall also can the Combined Notes, where appropriate. The Combinedm

Notes shall be designated " City of Lakewood, Ohio Various Purpose Improvement Notes, Series 2015," oras otherwise determined by the Director of Finance.

Section 5. Terms of the Notes- Certificate of Fiscal Officer Relatin to Terms of Notes. Suchanticipatory notes ( the " Notes") shall be in the amount of not to exceed $ 250,000, which sum does notexceed the amount of the Bonds. The Notes shall be dated the date established by the Director of Financeand certified to this Council and shall mature on such date as shall be determined by the Director of Financeand certified to this Council, provided that such date shall not be later than one year after the date ofissuance of the Notes. The Notes shall be issued as fully registered notes in book entry form only, in such

gZ

de

Notesamaturmaturing onlany onedate and shall be numbeinhered as determined by the Directorpof Finance. The

Notes shall be issued as fully registered notes in book -entry form in denominations of $100, 000 or anyshall

multiple

a transaction exempt

thereof.

rom theorequh'ements of Rule 15c2t12 ofltheeUnUnited StatesSecurities and Exchange Commission.

The Director of Finance is authorized and directed to execute a Certificate of Fiscal Officerc2onsistet with he requirements of this ordinance, and topreypresent the samoe t this Council after closing. losng.

Notes, final terms of

Section 6. General Obligation Pledge. The Notes shall be the full general obligation of the City, and the full faith, credit and revenue of the City are her

pledged for the prompt Payment of the same.

the Notes shall, to the

ivextent

the

necessary, be used

e Bonds

only for

and anyetirementnof the Notes atat maturity andeaie

hereby pledged for such purpose. The Notes may be issued in one or more series. Section 7. DebtDebt Set • There shall be and is hereby levied annually

ec

all the taxable

property in the City, in addition to all taxes

the Notes areoutstanding,

en mullliit

ti amount ,

a d

not less than that

Service Levy ") for each year during Y for the

which would have been levied if the Bonds had been issued without the prior i

pay interest upon the Ntesssuance of the Notes,

purpose of providing, and in an amount which is sufficient to provide, as and when the same fails due and to provide a fund for the repayment of the principal of the Notes atmaturity or upon redemption. The Debt Service Levy shall not be less than the interest and sinking fund taxrequired by Article XII, Section 11 of the Ohio Constitution.

The Debt Service Levy shall be and is hereby ordered computed, certified, levied and extendedupon the tax duplicate and collected by the same officers, in the same manner, and at the same time thattaxes for

Levy shall belplaplacedbeforerand

each

in preference to all otheritemseandfor

and

he

collected.

amamount

Debt Service

The

funds derived from the

irrevocably pledged forlthetpayments of the premium, if any, and

separate

nterest on and principal of heNotes

and Bonds when and as the same falls due. Notwithstanding the foregoing, if the City determines thatces for

funds will be available from

for

other

uch

sour

ear shall) bereduced by the amount of fundsnwhich will besohavaable, of the Debt Service Levy Y

and the City shall appropriate such funds to the payment of the Notes and Bonds in accordance with law. Section 8. Sale of the Notes. The Notes shall bear interest, based

in

a 360 -day year of twelve

Finance

and certified to thbs Con

maturity,

povided that

rate

uch

ratannumhall not excleed 5. 00% o per nnum

Director

Notes hall be,

and hereby are, awarded and sold at private sale to KeyBanc Capital Markets Inc., Cleveland, Ohiothe " Original Purchaser "), at the purchase price set forth in the Certificate of Fiscal Officer. The Director of Finance is hereby authorized and directed to deliver the Notes, when executed, to

of

the

delivery. The

proceedsuofosuch

salerexcept

purchase

or premium thereon, hall bedeposited

in the Treasury

proceed

City and used for the purpose aforesaid and for no other purpose.

Any accrued interest

pplied to the payment of the principal f and

shall

nterest on the Notes,tor other

retirement fund to be pp

532 -

obligations of the City as permitted by law. Any premium received from the sale of the Notes may beused to pay the financing costs of the Notes within the meaning of Ohio Revised Code Section 133. 01( K) or be deposited into the bond retirement fund in the manner provided by law. Section 9. Form and Execution of Notes• Pa ment of Notes. The Notes shall be executed by theDirector of Finance and the Mayor, provided that any and all of such signatures may be a facsimile, shall bedesignated " City of Lakewood, Ohio Various Purpose Improvement Notes, Series 2015," or as otherwisedetermined by the Director of Finance, and shall be payable as to both principal and interest at the office ofNote Registrar ( as defined hereinbelow). The Notes shall express upon their faces the purpose for which

they are issued and that they are issued pursuant to this ordinance. The principal of and interest on the Notes shall be payable in lawful money of the United Statesof America without deduction for the services of the Note Registrar. The principal of and interest on the

Notesshall payable

N Note shall be vald o rbecome obligatory fo any pulrpose or shall be entitled to anysecurity

under this ordinance unless and until a certificatey or benefit

of authentication, as printed on the

Note, is signed by the Note Registrar as authenticating agent. Authentication by the Note Registrar shallbe conclusive evidence that the Note so authenticated has been duly issued and delivered under thisordinance and is entitled to the security and benefit of this ordinance. The certificate of authenticationofte

NotgesRegistrar as shall be approved by theoDiector ofFnance on behalf

person acting as an

of the City. It shall

be necessary that the same authorized person sign the certificate of authentication on all of the Notes. Section 10. Appointment of Note Registrar. The Director of Finance is authorized and directed toof the City a Note Regstrar Agreement with such bank or other appropriate financialexecute on behalf acceptable to the Director of Finance and the Original Purchaser, pursuant to which

institution as shall

of

such bank o financial institutionserve s s c

and paying ag t( eReRegistrar")

agree

or the Notes. Interest shall be payable at maturity by check or

draft mailed to the Registered Owner hereof, as shown on the registration books of the City maintainedby the Note Registrar. If at any time the Note Registrar shall be unable or unwilling to serve

interest

such, or

the Director of Finance in such officer' s discretion shall determine

the Director of Finance maybands erebythe City for such functions to be performed by another party, authorized and directed to, enter into an agreement with a national banking association or otherappropriate institution experienced in providing such services, to perform the services required of the

cessor Note Registrar shall

hetchagretin identity and

Each

ew addresscof the Note Registrar. Solongpas any of the Notes Teem on

outstanding, the City shall cause to be maintained and kept by the Note Registrar, at the office of theNote Registrar, all books and records necessary for the registration, exchange and transfer of Notes asprovided in this section ( the " Note Register "). Subject to the provisions of this ordinance, the person inwhose name any Note shall be registered on the Note Register shall be regarded as the absolute ownermade only

all upon the oaidereof that person• Neither the City nor the Note Registrar hall be affelcedby any notice to the contrary, but the registration may be changed as herein provided. All payments shallbe valid and effectual to satisfy and discharge the liability upon the Notes, including the interest thereon,

aid.

to the extent of the amount or amounts so p

Any Notes, upon presentation and surrender at the office of he Note Registrar, together with arequest

of attorney

exchange

n a form satisfactory to he Note Registrar,

r

may bepower

exchanged for Notes of the same

form and of any authorized denomination or denominations equal in he aggregate to the unmatured54

ocnM nv

principal amount of the Notes surrendered, and bearing interest at the same rate and maturing on the samedate.

A Note may be transferred only on the Note Register upon presentation and surrender thereof at theoffice of the Note Registrar, together with an assignment executed by the registered owner or by a personauthorized by the owner to do so by a power of attorney in a form satisfactory to the Note Registrar. Uponthat transfer, the Note Registrar shall complete, authenticate and deliver a new Note or Notes of anyauthorized

denomnation or denominations equal in the aggregate to

Notes surrended,

t

and bearing interest at the same rate andmaturingon thesame

datencipalamount of the

The City and the Note Registrar shall not be required to transfer or exchange (i) any Note during aperiod beginning at the opening of business 15 days before the day of mailing of o notice

ofedempt

ionfof

Notes, and ending at the close of business on the day of such mailing, or (") Y

redemption, in whole or in part, following the date of such mailing.

In all cases in which Notes are exchanged or transferred hereunder, the City shall cause to beexecuted, and the Note Registrar shall authenticate and deliver, the Notes in accordance with the provisionsof this ordinance. The exchange or transfer shall be without charge to the owner; except that the Counciland Note Registrar may make a charge sufficient to reimburse them for any tax or other governmentalcharge required to be paid with respect to the exchange or transfer. The Council or the Note Registrar mayrequire that those charges, if any, be paid before it begins the procedure for the exchange or transfer of theNotes. All Notes issued upon any transfer or exchange shall be the valid obligations of the City, evidencingthe same debt, and entitled to the same benefits under this ordinance, as the Notes surrendered upon thattransfer or exchange.

Section 11. Book E! m• For purposes of this ordinance, the following terms shall havethe following meanings:

Book entry form" or " book entry system" means a form or system under which ( i) the beneficialright to payment of principal of and interest on the Notes may be transferred only through a book entryand ( ii) physical Notes in fully registered form are issued only to a Depository or its nominee asregistered owner, with the Notes " immobilized" to the custody of the Depository, and the book entry isthe record that identifies the owners of beneficial interests in those Notes.

Depository" means an securitiesis a clearing

federal

ioperating and maintaining, together ith it particpantsabook entry system to record beneficialownership of notes and to effect transfers of notes, in book entry form, and includes The Depository TrustCompany ( a limited purpose trust company), New York, New York.

The Notes may initially be issued to a Depository for use in a book entry system, and theprovisions of this Section shall apply, notwithstanding

those Note hall be

other

egistered n the name of the Depository

r

shall be a single Note

st

each maturity, (ii)

or its nominee, as registered owner, and immobilized in the custody of the Depository; ( iii) the beneficialowners in book entry

v r)im

of

shall have

beneficial intright

interests

to

in

receive

any

Notesein book entry form shall be shown by

certificates; ( iv) P

book entry on the system maintained and operated by the Depository, and transfers of the ownership obeneficial interests shall be made only by the Depository and by book entry; and ( v) the Notes as suchshall not be transferable or exchangeable, except for transfer to another Depository or to another nomineeof a Depository, without further action by the City. Note service charges on Notes in book entry form' registered in the name of a Depository or its nominee shall be payable in same day funds delivered to the

55

Depository or its authorized representative upon presentation and surrender of Notes as provided in thisordinance.

The Note Registrar may, with the approval of the City, enter into an agreement with thebeneficial owner or registered owner of any Note in the custody of a Depository providing for making allpayments to that owner of principal and interest on that Note or any portion thereof ( other than anypayment of the entire unpaid principal amount thereof) at a place and in a manner ( including wiretransfer of federal funds) other than as provided in this ordinance, without prior presentation or surrenderof the Note, upon any conditions which shall be satisfactory to the Note Registrar and to the City. Thatpayment in any event shall be made to the person who is the registered owner of that Note on the datethat principal is due, or, with respect to the payment of interest, as of the applicable date agreed upon as

be

the case may be. The Note Registrar will furni

for Notes and t the CtyAny payment oif`prriincipalcorrect by the Note Registrar, to other paying agentsor interest pursuant to such an agreement shall constitute payment thereof pursuant to, and for allpurposes of, this ordinance.

If requested, the Mayor, Director of Finance, Clerk of Council, or any other officer of this Council, is authorized and directed to execute,

acknowledge

agent for he Notes and The Depository Trust Company, asletter agreement among the City, the paying agdepository, to be delivered in connection with the issuance of the Notes to the Depository for use in a bookentry system in substantially the form submitted to this Council.

If any Depository determines not to continue to act as a depository for the Notes for use in a bookentry system, the City and the Note Registrar may attempt to establish a securities depositorylbook entryrelationship with another qualified Depository under this ordinance. If the City and the Note Registrardo not or are unable to do so, the City and the Note Registrar, after the Note Registrar has madeprovision for notification of the beneficial owners by the then Depository, shall permit withdrawal of theNotes from the Depository and authenticate and deliver bond certificates in fully registered form to theassigns of the Depository or its nominee, all at the cost and expense ( including costs of printing definitiveNotes), if the event is not the result of action or inaction by the City or the Note Registrar, of thosepersons requesting such issuance.

Section 12. Federal Tax Law Compliance. The City hereby covenants that it will comply with therequirements ofall existing and future laws which must be satisfied in order that t oincludingewithoutwill continue to be excluded from gross income for federal income tax purposes, limitation restrictions on the use of the property financed with the proceeds of the Notes so that the Noteswill not constitute " private activity

bonds" within the meaning of Section 141

ri

the Internal Revenue Code

Of 1986, as amended (the " Code "). The City further covenants that it will restrict the use of the proceeds ofthe Notes in such manner and to such extent, if any, as may be necessary, after taking into accountreasonable expectations at the time the debt is incurred, so that they will not constitute arbitrage bondsunder Section 148 ofthe Code and the regulations prescribed thereunder ( the " Regulations ").

ized

The Director of Finance, or any other officer of the City, including the Mayor, is herebyoval

author

waiver

and directed ( a) to make or effect any election, selection, designation, choice, consent, approvalon behalf of the City with respect to the Notes as permitted or required to be made or given under thefederal income tax laws, for the purpose of assuring, enhancing or protecting favorable tax treatment or thestatus of the Notes or interest thereon or assisting

compliancee wi

amount

meanyf

payrnentuof penalties, og

the burden or expense of such compliance, reducing anymaking any

payments of special amounts in lieu of makingcomputations

determine, or paying, any

excess earnings as rebate, or obviating those amounts or payments, as determined by the Director of56-

Finance, which action shall be in writing and signed

otakeDirector

and all actions,

Finance,

r obtain alculations,

City, including the Mayor, on behalf of the City; (b) and make or give reports, covenants and certifications of and on behalf of the City, as maybe appropriate toassure the exclusion of interest from gross income and thet

ntin transcriptpt of

proceedings, setting forth

an appropriate certificate on behalf of the City, pertaining to Section 148the facts, estimates and

circumstances, and reasonableexpectations of the City p g

and the Regulations, and the representations, warranties and covenants of the City regarding compliance bythe City with sections 141 through 150 of the Code and the Regulations.

The Director of Finance shall keep and maintain adequaterecords pertaining to investment of all

the

proceeds of the Notes sufficient to pewit, to the maximum extent possible

applicability

a d presently

ot

foreseeable,

Note hWhich

City to comply with any federal law or regulation now or hereafter havinglimits the amount of Note proceeds which may be invested on an unreshYCted yield or requires the City torebate arbitrage profits to the United States Department of the Treasury. The Director of Finance of theto theCity is hereby authorized and directed to file such reports with, and rebate arbitrage profits to, the UniteStates Department of the Treasury, to the extent that any federal law or regulation having applicability

Notes requires any such reports or rebates. ntmond Counsel. The Director of Finance, on behalf of this Council,

Section 13. A oi ent of B

is hereby authorized to appoint the law firm of Bricker & Eckler LLP to serve as bond counsel for the

Finance, shall not exceed the fees eust

firmlyacharged fortschrservices, and

approval

hall be paid upon closingclosing

of the financing from proceeds of the Notes. Section 14. Transcri t of Proceedin s• Execution of Additional Documents. The officer having

hereby authorized and directed

council and any

t prepare and

other

certify a ti transcript ofproceedingspertangto the Notes

and to furnish a copy of such transcript to the Original Purchaser. Such transcript shall include certifiedcopies of all proceedings and records of the Council relating to the power and authority of the City to issuetheir

Notes

ustody and control, including but not limited to a gneral certificate of

err

Clerk of Council and a nor

litigation certificate of the Mayor and the Director of Finance, and such certified copies and certificatesshall be deemed representations of the City as to the facts stated therein.

The Director of Finance is hereby authorized and directed to take such action and to execute anddocuments as may be

of this Council, their discretion

such

ecessary or appropriateate in orderntonearlyout the sintent Of this

ordinance. Such documents shall be n the form not substantially inconsistent with the terms of thisordnance, as they in their discretion shall deem necessary or appropriate.

Section 15. Satisfaction of Conditions for Note Issuance. It is hereby determined that all acts, conditions and thugs necessazy to be done precedent to and n the issuing of the Notes n order to makethem legal, valid and binding obligations of the City

11 faith,

pened, bendonen

the City are herebyregular and due form as required by law; thatirrevocably pledged for the prompt payment of the principal and interest thereof at maturity; and that nolimitation of indebtedness or taxation, either statutory or constitutional, has been exceeded in issuing theNotes.

Section 16. Com liance with O en Meetin Re uirements. It is hereby found and determined thatrelating to the adoption of this ordnance were adopted nall formal actions of this Council concerning and

57

u5lW790v1

an open meeting of this Council, and that all deliberations of this Council and of any of its committees thataction, were in meetings open to the public, in compliance with all legalresulted in such formalrequirements including Section 121. 22 of the Ohio Revised Code.

Section 17. Filin of Bond Ordinance. The Clerk of Council is hereby directed to forward acertified copy of this ordinance to the County Fiscal Officer of Cuyahoga County, Ohio.

Section 18. Emer e asurc• This ordinance is hereby declared to be an emergency measurenecessary for the immediate preservation of the public property, health and safety, and to provide for theusual daily operations of municipal departments, and for the further reason that this ordinance is requiredenable the City

to be immediately effective in order to issue and sell the Notes tosavings

combine the Notes

sue and obtain

of the

her notes t

be idudi by

thCity into

affirmtvetvote of teleast five of this Council, tthis ordinance

with

shall take effect and be in force at the earliest date possible as set forth in Article III, Sections 10 and 13of the Charter.

Adopted: 2015 president of Council

Clerk of Council

Approved: —> 2015

Mayor

587

M4790v1

VARious PuRposE BVROVEmwr NOTES, SERIES 2015CITY FACILITIES IMPROVEMENT PORTION)

CERTIFICATE OF ESTIMATED LIFE AND MAXIMUM MA'I "[JRTI'Y

To: The City Council of theCity of Lakewood, Ohio

The undersigned Director of Finance of the City of Lakewood, Ohio as the fiscal officer of saidCity, hereby certifies as follows:

1. The estimated life of the improvements described as follows ( the " Improvements ") exceeds fiveyears:

To pay the costs of replacing or improving the roofs of City Hall, City HallAnnex, Winterhurst Ice Rink and the City' s service garage

2. The maximum maturity of the bonds proposed to be issued to pay the cost of the Improvements, calculated in accordance with Section 133. 20, Ohio Revised Code, is II years, provided that ifnotes are issued in anticipation of the issuance of such bonds, the maximum maturity of suchnotes is 16 years.

Dated: February 17, 2015

Director ofFinance

City of Lakewood, Ohio

598504790x1

PLACED ON 1ST READING & REFERRED TO THE

PUBLIC WORKS COMMITTEE 2/ 17/ 15.

BY: ORDINANCE NO. 12 - 15

AN ORDINANCE amending Chapter 145, Keep Lakewood Beautiful Board, ofthe Codified Ordinances of the City of Lakewood, in order to update the code regulatingthe composition and duties of this board.

WHEREAS, the Keep Lakewood Beautiful Board was initially created in Sep- romote civic involvement through public interest in the general im- tember 1982 to p od; and maintains an affiliation with Keepprovement of the environment of Lakewo

America Beautiful; and

WIjEREAS, Chapter 145 of the Code stands to be updated to modernize the composition and duties of the Keep Lakewood Beautiful Board; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens ofthe municipality; now, therefore

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Chapter 145, Keep Lakewood Beautiful Board, of the Lakewood COdI-

fred Ordinances, currently reading as follows: CHAPTER 145

KEEP LAKE, WOOD BEAUTIFUL BOARD

145.01 CREATION.

The Keep Lakewood Beautiful Board is hereby created for the purposeof assisting Council and the Mayor in establishing a City-wide policyfor decreasing the amount of loose refuse in the City.

145.02 DUTIES.

The duties of the Keep Lakewood Beautiful Board shall be:

a) To promote public interest in the general improvement of the envi- ronment of the City;

b) To initiate, plan, direct and coordinate programs for litter controlfor the community on a sustainable basis;

1

c) To implement and maintain the Clean Community System; d) To study, investigate and develop plans for improving the health,

sanitation, safety and cleanliness of the City by beautifying publicand private areas in the City;

e) To aid in the prevention of fires, diseases and other casualties bythe removal and elimination of trash and other debris from Publicand private areas;

f) To encourage the placing, planting andlor preservation of trees, flowers, plants, shrubbery, and other objects of ornamentation inthe City;

g) To protect wildlife;

h) To advise and recommend plans to other agencies of the City forthe beautification ofthe City; and

i) Otherwise to promote public interest in the general improvementof the environment of the City.

j) To submit an annual report ofactivities to Council within a mannerto be determined by the Board.

Nothing contained herein, however, shall be construed to abridge orchange the powers and duties of other

commissions,

that any pro- boards and like agencies of the City; and proviject or undertaking begun by the Board shall be terminated at any timeupon the decision of either the Mayor or Council that the continuancethereof is not in the public interest.

145.03 AUTHORITY.

In order to perform the foregoing duties, the Keep Lakewood BeautifulBoard shall have the following authority:

a) To adopt by -taws to facilitate the attainment of its purpose andfunction;

b) To initiate, plan, direct and coordinate cornmunitywide efforts toachieve its goals;

ser-

c) To solicit and accept donationsnc

and

ropex bons of money,

by, and use

vices, products, property and fathe Board for the accomplishment of its objects; and

as to

d) To makerecommendations to Council

andh

the

it deems

Mayor

necessary tothe private sector regarding measuresaccomplish its objects.

145.04 MEMBERSHIP.

a) The Keep Lakewood Beautiful Board provided for herein shall becomposed of fifteen residents of the City of Lakewood. Members61

shall be nominated by the Board and approved by Council and theMayor. In addition, all members of Council and the Mayor shall benonvoting ex- officio members of the Board. The Mayor shall ap- point one member of the administrative staff of the City of Lake- wood who shall serve as Secretary to the Board. The Mayoral ap- pointment is not required to be a resident of the C odf Lakewoodand shall serve until his or her replacement is appoint

of

b) With the exception of the Municipal entativ s, memon the

the Board will be appointed to a four year tonumber of terms that a member may serve.

145.05 PROCEDURE.

a) Fifty percent ( 50 %) plus one of the current Keep Lakewood Beau- tiful Board members shall constitute a quorum for the conduct ofmembersbusiness. The

shall

ingand public harmgs of the Board andshall serve with ut com- pensation.

b) The Board shall hold an organization meeting in December of eachyear and shall elect a Chairman and

y ootherhmattttes of business. its members before proceeding to anyThe Board shall meet regularly and shall designate the time andplace of its meetings.

c) The Board shall adopt its own rules

edmembersrshalibeeinstalled at

of its proceedings. No app

the first regular meeting after their appointment.

d) In order to accomplish its responsibilities, the Board shall establishsub - committees including, but not limited to, the areas of businessand industry, communications, neighborhood associations, com- munity organizations, municipal operations, and schools. Eachsub - committee shall be chaired by a Board member with an un- specified number of community volunteers chosen by the Board asworking sub - committee staff.

shall be and hereby is repealed, and new Chapter 145, Keep Lakewood Beautiful Board, of the Lakewood Codified Ordinances is enacted to read as follows:

CHAPTER 145

KEEP LAKEWOOD BEAUTIFUL BOARD

145.01 CREATION

The KeepLakewood Beautiful Board is hereby createfor

for

litterhprevention,

on, of initiating, planning and coordinating r gra

ace beautification. Thesolid waste reduction, recycling

and

new volunteers.

board shall engage in new programing and welcome

145.02 DUTIES.

The duties of the Keep Lakewood Beautiful Board shall be:

62

a) To promote civic involvement in the general improvement of theenvironment of the City;

b) To enhance the beauty of Lakewood through green space activity; c) To promote litter awareness and prevention;

d) To promote recycling;

e) To encourage individual education and investment in the overallenvironment of the City;

1) To advise and recommend plans to other agencies of the City forthe beautification of the City; and

g) To submit an annual report of activities to Council within a mannerto be determined by the board.

Nothing contained herein, however, shall be construed to abridge orchange the powers and duties of other commissions, departments, ded farther that any

boards and like agencies of the City; ty; andhall be terminated at any tuneject or undertaking began byupon the decision of either the Mayor or Council that the continuancethereof is not in the public interest.

145.03 AUTHORITY.

In order to perform the foregoing duties, the Keep Lakewood BeautifulBoard shall have the following authority:

a) To adopt bylaws to facilitate the attainment of its purpose andfunction;

b) To initiate, plan, direct and coordinate communitywide efforts toachieve its goals;

c) To solicit and accept donations and appropriations of money, ser- vices, products, property and facilities for expenditure and use bythe board for the accomplishment of its objects; and

d) To make recommendations to Council, the Mayor and the privatesector regarding measures which it deems necessary to accomplishits objectives.

145.04 MEMBERSHIP.

a) The Keep Lakewood Beautiful Board provided for herein shall becomposed of a minimum of 10 members.

Members shall be

In ad-

dition,

by the board and approved by Council and the Mayall members of Council and the Mayor shall be nonvotingex -officio members of the board. The Mayor shall appoint onemember of the administrative staff of the City who shall serve asthe secretary to the board. The mayoral appointee shall serve untilhis or her replacement is appointed.

63

b) With the exception of the municipal representatives, members ofthe Board will be appointed to a four -year term with no limit on

the number of terms that a member may serve.

145.05 PROCEDURE

a) Fifty percent plus one of the current Keep Lakewood BeautifulBoard members shall constitute a quorum for the conduct of busi-

ness. The members of the board shall regularly attend meetingsand public hearings of the board and serve without compensation.

b) The board shall elect a chairperson and vice - chairperson from

among its members before proceeding to any other matters ofbusiness during the January meeting. The board shall meet regular- ly and shall designate the time and place of its meetings.

c) The board shall adopt its own rules ofprocedure and keep a recordof its proceedings. Newly appointed members shall be installed atthe first regular meeting after their appointment.

d) In order to accomplish its responsibilities, the board may establishsubcommittees made up of an unspecified number of communityvolunteers. A board member must chair each subcommittee.

Section 2. It is found and determined that all formal actions of this Council con-

cerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its committeesthat resulted in such formal action were in meetings open to the public in compliance

Adopted:

PRESIDENT

CLERK

Approved:

MAYOR

64

1stREAD 2/ 17/ 15.

referred to public works cmte.

RESOLUTION NO. 8794 -15 BY:

A RESOLUTION to take effect immediately provided it receives the affirmative vote ofPe-

at least five members of Council, or otherwise to take effect andLakewood to

after

emremove clean water

riod allowed by law, establishing a pprogram

sources from the City' s sanitary sewer system in the furtherance of the City' s permitting underthe Ohio Environmental Protection Agency; authorizing the Mayor ( Director of Public Safety), the Director of Public Works, the Director of Law, the Director of Finance and/ or the PurchasingManager to enter into contracts for professional services for the pilot program, and to advertisefor bids and enter into contracts for the purchase of repair, maintenance and operating supplies, services and equipment for the pilot program as authorized by the Administrative Code of theCity of Lakewood with the lowest and best bidder or bidders or as otherwise provided by law inan amount not to exceed $ 900,000. 00; declaring a nuisance; and identifying resident paymentOptions under the pilot program.

WHEREAS, the City of Lakewood was issued a renewal of the Ohio Environmental Pro- tection Agency ( Ohio EPA) NPDES Permit dated September 1, 2014 that requires the development of a plan to reduce and eliminate sewage discharges to the environment; and

WHEREAS, to timely meet its legal requirements, the City is undertaking a pilot study toremove clean water sources from the City' s sanitary sewer system as one of the measures criticalto the evaluation and development of an integrated plan; and

WHEREAS, the City strategically chose specific properties within the area bordered byHilliard Road, Atkins Avenue, Eldred Avenue and Delaware Avenue in western Lakewood toundertake the pilot study; and

WHEREAS, the City of Lakewood, in order to properly evaluate the effectiveness of re- moving clean water sources on private property within the compliance schedule contained in theOhio EPA NPDES Permit conditions, has determined the use of public funds, partially to be re- participants, to be in the best interests of the public; andimbursed to the City by the pilot project

WHEREAS, Chapter 913 of the Codified Ordinances prohibits persons from dischargingsewage, industrial waste or other waste into the City' s wastewater disposal system contrary tothe provisions of that chapter, federal or state pretreatment requirements, or any order of Coun- cil; and

WHEREAS, Chapter 913 of the Code prohibits persons from discharging or causing to bedischarged any storm water, surface water, groundwater, roof runoff, subsurface drainage, un- contaminated cooling water or unpolluted industrial process waters to any sanitary sewer, andcontemplates that doing so constitutes a public nuisance; and

65

WHEREAS, this Council desires to provide

e Director

authorization

Law, the

the Mayor (Director

Finnof

PublicSafety), the Director of Public Works, and/ or the Purchasing Manager to enter into contracts for professional services for the pilot pro-

gram, and to advertise for bids and enter into contracts for the purchase of repair, maintenanceAd-

and operating supplies, services and equipment for the pilot program as authorized by the Ad- ministrative Code of the City of Lakewood with the lowest and best bidder or bidders or as oth- erwise provided by law in an amount not to exceed $900,000.00; and

WHEREAS, the City of Lakewood makes this determination solely and expressly for theaforementioned purpose and only for this specific pilot study area; and

WHEREAS, the City of Lakewood has determined it is in the best interest of the public; to protect the public health and welfare, that it is necessary to fund the correction and rehabilita- to the

ppropera comprehensive pa

tion necessary on

element

private lnto educe and elimnate sewageedischargs to the

per developmentenvironment; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio RevisedCode, municipalities have the power of local self - government, and the power to enact laws thatare for the health, safety, welfare; and

WHEREAS, this Council by a vote of at least five of its members determines that thisresolution is an emergency measure and that it shall take effect immediately, as set forth in Arti- cle III, Sections 10 and 13 of the Second Amended Charter of the

health, ad safety andtohpro-

is necessary for the immediate preservation of the public property , vide for the usual daily operation of municipal departments, in that the City must proceed to in- vestigate and correct improper inflow and infiltration of stormwater into the sanitary system un- der the Ohio EPA NPDES permit immediately; now, therefore

BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. The City hereby establishes a pilot project in western Lakewood, within the

area bounded by Hilliard Road to the north, Atkins Avenue to the west, Eldred Avenue to theeast and Delaware Avenue to the south, to remove clean water sources from the City' s sanitarysewer system in the furtherance of the City' s permitting under the Ohio EPA, substantially underthe conditions and specifications identified in the pilot project program guide attached hereto asExhibit A.

Section 2. The Mayor (Director of Public Safety), the Director of Public Works, the Di- rector of Law, the Director of Finance, and/ or the Purchasing Manager be and are hereby author- ized and directed to enter into contracts for professional

services

epfor the pilot program, and to

advertise for bids and enter into contracts for the purchase of repair, maintenance and operatingsupplies, services and equipment for the pilot program as authorized by the Administrative Codeof the City of Lakewood with the lowest and best bidder or bidders or as otherwise provided bylaw in an amount not to exceed $900,000.00.

M.

Section 3. Within the pilot program area, any discharge of sewage, industrial waste orother waste into the City' s wastewater disposal system contrary to the provisions Chapter 913, federal or state pretreatment requirements, or any order of Council; and any discharge or thecausing of any discharge of any storm water, surface water, groundwater, roof runoff, subsurfacedrainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitarysewer constitute and are hereby declared to be public nuisances.

Section 4. Owners of property included within the pilot program are required to partici- pate in the program in accordance with the authority granted to the City, and under penalty im- posed by, Chapters 901, 913 and 917 of the Codified Ordinances and all applicable code. Own- ers shall have the option to test and correct their sewer connections at their own expense usingtheir own contractors, subject to the City' s approval and inspection, and in accordance with theterms of the program, but in any event not later than December 1, 2015. For those correctionsundertaken on private property by the City, the City is expected initially to bear the full cost ofthe corrections, and participants must repay the City 10 percent of such costs. The Director ofFinance is authorized and directed to establish payment options available to those property own- ers who participate in order to lessen the financial impact of the corrections upon owners.

Section 5. The pilot program established in this resolution shall not cease except uponfurther action by Council.

Section 6. It is found and determined that all formal actions of this Council concerningand relating to the passage of this resolution were adopted in an open meeting of this Counciland that all such deliberations of this Council and of any of its committees that resulted in suchformal action were in meetings open to the public in compliance with all legal requirements.

Section 7. This resolution is hereby declared to be an emergency measure necessary forthe immediate preservation of the public peace, property, health, safety and welfare in the Cityand for the usual daily operation of the City for the reasons set forth and defined in its preamble, and provided it receives the affirmative vote of at least five members of Council this resolutionshall take effect and be in force immediately, or otherwise shall take effect and be in force afterthe earliest period allowed by law.

Adopted:

Approved:

67

President

Clerk

Mayor

L: e. S

Fv rrF

r o

000 of

City of LakewoodClean Water Pilot Project

Program Guide

A. Pilot Project Area. The pilot project area will be bordered by Hilliard Road to thenorth, Atkins Avenue to the west, Eldred Avenue to the east and Delaware Avenue to the south, and will include the following residential properties:

Page z

City of Lakewood - Clean Water F618Project Program Guide

If your property is not listed above, you are not a part of the pilot project, although workmay be occurring near your property and at your neighbors' property.

This area was chosen because it features a unique situation where all houses flow into asingle point (the sewer interceptor by Harding Middle School); the homes were built in the sametime period and are of similar design; we have very good data of the current state of sewer flowsduring dry and wet weather; and we can measure before and after flow volumes in a variety ofdry weather and wet (storm) weather conditions.

B. Rationale. The rationale for the pilot project is as follows:

The city' s sewer system is plagued with significant inflow and infiltration, complicat- ed by a complex network of separate and combined sewers. This results in sewage overflows tothe Rocky River and Lake Erie.

into an administrative consent order with the U.S. EPALakewood recently entered

that stipulates the city eliminate all sanitary sewer overflows and basement backups. Lakewood recently was issued a renewal of its Ohio EPA NPDES permit dated Sep-

tember 1, 2014 that requires the development of a plan to reduce and eliminate sewage discharg- es to the environment.

The majority of rainfall that enters the sanitary sewer system comes from sources onprivate property. These sources must be systematically removed. Each source is a small portion

Clean Water PiProject Program GuidePage 3

City of Lakewood

of the enormous volume of water that enters the system, so it will take time before the removalof each source will produce a noticeable effect.

Rain water enters the public sanitary sewer due to the age of the overall system anddevelopment in the city. The city needs to find and eliminate as many sources of rain water in itssanitary sewer system as possible.

The city' s sanitary sewers are properly sized for conveying sewage during dry weath- er. It is only during significant rainfall events that the sanitary and/ or combined sewers becomeoverloaded.

Financing for rehabilitation and corrections on private property is worth analyzing. Costs often exceed normal expectations ofwhat homeowners can absorb.

C. Goals of the Program. The goals of the pilot project are as follows: to improve water quality and achieve compliance with the federal Clean Water Act

and Ohio law;

to reduce the volume of surface and subsurface water entering the city' s sanitary sew- er system;

to reduce overflows into the Rocky River and Lake Erie; to reduce the occurrence of basement flooding; and

to develop a source - control program that considers the financial impact on the resi- dents and technical effectiveness as the city looks toward future citywide programs, correctionsand compliance initiatives.

D. Authority for the Program. The city is operating under the resolution establishingthe pilot program in 2015. Under Chapters 901, 913 and 917 of the Codified Ordinances, thecity may inspect, sample, test and order correction of all instances of improper sewer connectionsfrom private property to the city' s sewer system, and the infiltration of storm water into the sani- tary sewers on private property. The city may also require that all storm water goes from homesto the storm system, and all sanitary water goes from homes to the sanitary system. The pilotprogram will permit the city and homeowners to make necessary corrections on private propertywithout having to impose some of the more difficult penalty provisions, such as injunctive relief, prosecution and the like, upon affected homeowners.

E. Scope of the Program. The city has engaged its own employees and contractors toconduct physical inspection and testing of sewer connections on properties included in the pilotprogram. They will access each basement and yard after arranging a time with you. They willattempt to video existing conditions in the pipes leading to and from your home. They will in- ventory all sewer connections, identify design options for the correction of any violations, andarrange for and conduct corrections of those violations. Some common inflow and infiltrationsources to be addressed in the pilot program are illustrated in the following diagram:

Clean Water P{ of Project Program GuidePage 4

City of Lakewood

COMMON 1/ 1 SOURCES

PERFORATED LID

I i 1y,

YARD DRAIN r

POORLY CAPPEDCLEANOUT ' I

STORM LATERAL _ LL" SUMP PUMP

FOUNDATION DRAIN

SANITARY LATERAL

l ROOTINTRUSION

LEAKING, /

WALLS CRACKED OR CRUSHED PIPE

LEAKING JOINTS — STOR\ CROSS CONNECTED

GROSS- CONNECTED CATCH BASIN

STORM LATERAL SAN.

The correction work includes activities that are directly attributable to the removal ofclean water sources to the sanitary sewers and may include removal of dirty water to storm sew- ers. Examples of correction work may include installation of:

a sump pump receptacle ( sometimes referred to as a crock) to act as a storage well forwater from the foundation (footer) drain;

is sump pump or ejector pump in sumps or crocks located in the basement or exteriorof the house;

a water - pressure- driven backup sump pump or battery powered backup sump prune; downspout diverters or splash pads;

sanitary and storm lateral pipes to replace existing pipes or to reconnect clean watersources to the storm sewer;

liners in existing pipes to stop leaking into the pipe; upgrades to the house electrical system to support installation of pumps including

wiring of a receptacle for the sump pump; revisions to the house plumbing system to support installation of a sump pump in-

cluding installation of new sump -pump discharge piping; Page 5

Clean Water N15Li Project Program GuideQ City of Lakewood - - -

hangers, braces, supports, staples and other systems for routing and securing plumb- ing and electrical systems;

redirecting floor drains to sanitary connection; and/orother corrections required to properly complete the project performed at the discretion

of the city.

Corrections may require:

open trenching or where feasible, trencbless construction methods; exterior excavation around selected portions ofthe house foundation; cutting and removal of concrete basement slabs and any associated floor covering; cutting and removal of sidewalks, driveways, patios, and other exterior hard surfaces; removal of plant materials and salvaging (where feasible) or replacing same with like

plant materials;

temporary alterations to irrigation systems;

drilling, cutting or otherwise creating openings for electrical and plumbing work; cutting and repair of exterior foundation walls to allow redirection of foundation

footer) drains to the sump pump receptacle, and redirection of lateral sewer lines; localized waterproofing of new exterior foundation walls;

surveying, isolating and removing asbestos containing floor covering or insulation ifthere is the potential for creating air born asbestos fibers;

air quality testing; and/or

other appropriate industry standard methods of construction required to properlycomplete the project performed at the discretion of the city.

includeCorrections will not

not necssary to removesourcesof clean watefom the sanitary

sewer system including:

facility

waterproofing old construction;

replacing floor coverings other than those directly disturbed by construction; wall coatings and/ or paint other than required to attempt to match new work with old

construction;

upgrading facilities not associated with the intent of the program; replacing dead, diseased or dangerously rotted plant material; orany activity considered purely decorative.

City of Lakewood _ - _ Clean Water qla Project Program Guide

Page 6

If your property is within the original pilot -study area and you have already made, at yourexpense, corrections to your sewer system after notice of the pilot study was provided in Febru- ary 2014, the city may consider, on a case -by -case basis depending on a number of factors, awarding a credit against your water and sewer charges. This would be determined after the cityhas had an opportunity to determine a scope of work at your property.

F. ownership of Corrections. When work is completed, you will own all property, de- vices and materials used to correct problems. Any general or specific warranties or other bene- fits owned by the city will be transferred, to the extent possible, to you. You will be responsiblefor future operation and maintenance including but not limited to all necessary electrical andpower supply costs. The city will not be responsible for the corrections or any property, devicesand materials used for the corrections. The payment of financial assistance by the city under thisprogram shall not be deemed to give rise to any liability on the part of the city for work per- formed by a contractor or any other person.

G. Payment for Corrections; Financing. Once the evaluations are complete, and scopeof work per property is determined, the following is the city' s financial participation in the cor- rections to be made on your property:

The city will provide you, as the homeowner, notice of the cost of correction with anitemized list of the corrections to be made. The notice will be made either by certified mail orresidence service at the affected property. You can opt in and use the city' s contractor for thecorrections to be made after the notice is made. You will have 30 days to opt in, on a form ap- proved by the city, after receipt of the notice.

Ifyou opt in, the city will pay for 100 percent for initial property correction at yourhome. It is estimated the total cost of correction at most parcels will not exceed $7, 500. Work atsome homes may cost much less; work at others may cost much more.

If you opt in, you will be responsible to repay the city just 10 percent of the cost ofany correction per parcel. You will have the opportunity to set up a payment plan for no morethan 10 years at 0 percent interest. Amounts due under the payment plan will be added to yourwater and sewer bill. Your failure to make a scheduled payment will result in the balance beingassessed to your property tax bill. The city may consider, on a case -by -case basis depending ona number of factors, awarding a full or partial credit for any repayment obligation or against yourwater and sewer charges based upon sewer corrections you may have already made, at your ex- pense, after notice of this pilot study was provided in February 2014.

If you contest the necessity of the corrections contemplated by the city, you will have30 days from the date you receive notice within which to appeal to the city' s Board of BuildingStandards and Building Appeals. Applications for appeals to the board cost $ 25 and must besubmitted with the city' s Division of Housing and Building and the board will hear your appealin accordance with Article XIV of the city' s charter and any applicable rules and regulations.

Ifyou fail to opt in within 30 days of receiving notice of the corrections, you mustbegin to correct the identified sewer connection issues within 90 days, failing which the city mayenforce the penalty provisions of Chapters 901, 913 and 917 of the Codified Ordinances or take

Clean water Pilot ect Program Guide _- -._. Pagelt City of Lakewood - -- -- _- - - _

other actions allowable by any applicable code. All necessary permits must be pulled for suchwork and you must bear the full expense of the corrections. If you fail to opt in, you must com-

plete the work undertaken be completed by December 1, 2015, failing which the city may en- force the penalty provisions of Chapters 901, 913 and 917 of the Codified Ordinances or takeother actions allowable by any applicable code, including abating the nuisance conditions onyour property and assessing the cost to the property.

H. Conditions of Financial Assistance. Any sanitary sewer customer participating inthis program must be the owner of the property, and as a condition to receiving the assistance, you must agree on the opt -in form to the following:

Inspection. The city, on reasonable notice, may inspect the corrections at any time.

Maintenance and Repair. You will operate and maintain the corrections and timely

complete any repairs or replacement ofthe corrections.

Discharge Modifications Prohibited. You will not modify the sump pump dischargeif applicable) in any manner that would directly or indirectly contribute foundation drain flow

and clear water flow to the sanitary sewer system.

Agreement Runs with the Land. You will agree that these conditions run with the

property and may be recorded by the city; and that the city may maintain a record or database ofproperties governed by the agreement.

I. After the Project is Completed. Without written permission of the city, you will notbe permitted to alter the plumbing or connection to the sanitary sewer system after the correc- tions are made, subject to the penalty provisions found within Chapters 901, 913 and 917 of theCodified Ordinances or other applicable law. If the city determines after the project is completedthere is a modification of the system that permits clean water to enter the sanitary sewer, or afailure to maintain or replace a failed sump pump or other equipment that would allow an indi- rect or direct connection to the sanitary sewer system, or such other cause may allow a direct orindirect connection, the city may require further corrections by the property owner.

J. Contact Information. For more information, please contact the city' s Division ofEngineering at (216) 529 -6692 or engineering@lakewoodoh.net.

7-5 - City of Lakewood - Clean Water Pilot Project Program Guide - Page 8

Council at LargeRYAN P. NOWLINTHOMAS R. BULLOCK IIICINDY MARX

March 2, 2015

Lakewood City CouncilLakewood, Ohio 44107

12650 DETROIT AVENUE 44107

121615293055FAX 216/ 226 -3650

Lakewood City CouncilMARY LOUISE MADIGAN, PRESIDENTRYAN P. NOWLIN, VICE PRESIDENT

Re: Appointment of Donnald Heckelmoser toThe Citizens Advisory Committee

Dear Members of Council:

Ward Council

DAVID W. ANDERSON, WARD ISAM O' LEARY, WARD 2SHAWN IURIS, WARD 3MARY LOUISE MADIGAN, WARD 4

This letter is to announce my appointment of Donnald Heckelmoser to the Citizens Advisory Committeefor fiscal year 2015.

Mr. Heckelmoser' s professional experience with the City of Cleveland and his previous term on thiscommittee make him a clear candidate for the position and I expect that he will continue to be asignificant contributor to these deliberations. The city of Lakewood is fortunate to have citizens likeMr. Heckelmoser, who are willing to become engaged in these critical tasks.

Sincerely,

r,

Shawn JurisCouncilmember, Ward 3

76

Councils t LargeRYAN P, NOWLIN

THOMAS R. BULLOCK Ill

CINDY MARX

February 25, 2015

Drear Colleagues,.

12650DEMOrr AVENUE44107 216/529 -6055 rM2161226 -3650WelAvwdcom

Lakewood city CaundIMARY LOUISE MADIGAN, PRESIDENTRYAN P. NOWLIN, VICE PRESIDENT

Ward Council

DAVID W. ANDERSON, WARD ISAM O' LEARY, WARD 2SHAWN P. JURIS, IVARD 3

MARY LOUISE MADIGAN, WARD 4

As Chair of City Council' s Health and Human Services Committee, I would like to schedule apublic hearing to allow our residents to share their thoughts on creating a culture withinLakewood that thrives on healthy living, where health care is efficient and choices can be madeto lead the healthiest of lives. This testimony from Lakewood citizens, many of whom arethemselves health professionals, could help the City, Lakewood Hospital, and any prospectivenew community health foundation achieve the stated desire to implement cutting edgepopulation health management initiatives that would make Lakewood rank among the healthiestcommunities in the nation..

As we carefully deliberate the important decisions before us regarding Lakewood Hospital, Iwould like to invite residents in our city to share their ideas to help us craft this new culture ofhealth within our community.

We certainly know that many residents of Lakewood take pride in our City and have a wealth ofknowledge and ekpertise in many areas around ' healthy living and alternative health caredelivery. Many have already helped to make Lakewood one of the best places to live and raise afamily. I

I believe that the .decisions we make today will serve us long into the future. Lakewoodcertainly can become a model city that demonstrates how a city can be revitalized during thedramatically changing times ofhealth care delivery in our country.

77

We want to make sure that all of our citizens have equal access to health care delivery however, more importantly, because our community rests within a confined environment where our Cityborders also define our school district, we can empower our residents to live healthier lifestylesthrough outreach, education and opportunity. To achieve this goal we must allow our residentsinput to help guide us in making the health of Lakewood a priority, where families can blossomin safe neighborhoods and good health flourishes within the community.

Thank you.

Sir} erely,

CinM

Council at Large

Chair Health and Human Service Committee

78_ .

h

12650 DETROIT AVENUE • 44107. 216/521 -7580. fax 216/521 -1379Website: www.onelakewood.com

MICHAEL SUMMERS

MAYOR

March 2, 2015

Lakewood City CouncilLakewood, Ohio 44107

Re: Mayoral appointment to the Lakewood Citizens Advisory Committee

Dear Members of Council:

It is with great pleasure that I announce my appointment of Corey Clay to the City of LakewoodCitizens Advisory Committee. His term will begin January 1, 2015 and expire on December 31, 2016.

I am grateful that this fine Lakewood citizen is willing to volunteer his time, energy andknowledge to improve the quality of our community. I am confident that he will bringcommitment, prudence and enthusiasm to this important responsibility.

SiSi

ZMichael P. Summers

Wt6

March 2, 2013

12650 DETROIT AVENUE • 44107 • 216/ 521 -7580• fax 216/521 -1379Website: www.onetakewood.com

Lakewood City CouncilLakewood, Ohio 441M

Re: Mayoral appointment to the Lakewood Loan Approval Board

Dear Members of Council:

MICHAEL SUMMERS

MAYOR

It is with great pleasure that I announce my appointment of Carolyn Spath to the City ofLakewood Loan Approval Board. Her term will begin January 1, 2015 and expire on December31, 2019

I am grateful that this fine Lakewood citizen is willing to volunteer her time, energy andknowledge to improve the quality of our community. I am confident that she will bringcommitment, prudence and enthusiasm to this important responsibility.

Sincerely,

Michael P. Summers

90

1

12650 DETROIT AVENUE • 44107 • 216/521 -7580• fax 216/521 -1378Website: www.onelakewood.com

MICHAEL SUMMERS

MAYOR

March 2, 2015

Lakewood City CouncilLakewood, Ohio 44107

Re: MOU with Lakewood City School District over future project of mutual benefit

Dear Members of Council:

As the Lakewood City School District continues with the final phase of its exciting 50 -yearconstruction and reconstruction plan, Superintendent Patterson and I have explored ways forthe city to assist the district in containing costs and promoting our shared constituents' greaterinterests. Following this letter is a resolution and draft memorandum of understanding thatserve those mutual goals.

We recognize that the district will be paying into the city a sizable sum (perhaps upwards of800,000) for permit fees related to the schools' reconstruction in 2015 and 2016, based on the

size and scope of the projects. Our aim in city hall is to maximize our efficiencies internally andanalyze the fees collected against our actual accounted -for costs, such as personnel costs andexpenses related to plan review and the like. To the extent the permit fees collected from theschools exceed the city's accounted -for costs, the MOU would commit the city to contributingthe difference to some future project of mutual benefit to our citizens, all subject to Council' sfuture appropriations and contracting authority and the Board of Education' s approval as well. At this point any such future project is undefined and would only come into clarity afterthoughtful deliberations between city hall and the schools' administration and board.

While the school board considers this same MOU, I would ask that the resolution and itsattachment be referred to a committee of your choosing for further discussion anddeliberation.

Sincerely,

Michael P. Summers

R

RESOLUTION NO. BY:

A RESOLUTION authorizing the Mayor to enter into an agreement with the Superinten- dent of the Lakewood City School District committing the City of Lakewood to a memorandumof understanding regarding the City' s exploration of a future project ofmutual benefit to the Cityand the School District.

WHEREAS, before the Mayor is a proposed memorandum of understanding, attached inits current form to this resolution but not yet finalized, outlining the terms of the City' s commit- ment to exploring a future project of mutual benefit to the City and the School District; and

WHEREAS, the intent of the memorandum of understanding is to commit the parties toexplore a project of benefit to the City' s and School District' s constituents once the School Dis- trict' s final school construction phase has been fully permitted by the City; and

WHEREAS, in the spirit of continuing a historically harmonious relationship with theSchools and promoting fiscal responsibility, this Council and Mayor wish to enter into such anagreement when finalized; now, therefore

BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. The Mayor is hereby authorized to enter into an agreement with the Superin- tendent of the Lakewood City School District committing the City of Lakewood to a memoran- dum of understanding, substantially in the form of the document attached to this resolution asExhibit A, regarding the City' s exploration of a future project of mutual benefit to the City andthe School District.

Section 2. It is found and determined that all formal actions of this Council concerningand relating to the passage of this resolution were adopted in an open meeting of this council, and that all such deliberations of this Council and any of its committees that resulted in suchformal action, were in meetings open to the public, in compliance with all legal requirements.

Adopted:

Approved:

RE

President

Clerk

Mayor

MEMORANDUM OF UNDERSTANDING

between

CITY OF LAKEWOOD, OHIO

and

LAKEWOOD CITY

FUTURE PROJECT

THIS MEMORANDUM 060NDERSTtIND111 ( " MOU ") is entered into at

Lakewood, Ohio, on this day — 5 by and between the City ofof

LAKEWOOD, 12650 - Di it- Avenue, Lakewood, Ohio 44102 _[hereinafter referred to as

CITY "], and the IMWOOB %TY Scfff DISTRICTP 1470 Warren Road, Lakewood,

Ohio 44107 [ hereinafter referred toas-`SCHOOIWTRICT "]; and

VUPkFA c' _ C'TTY r oll movide ECHO= OLDISTRICT with permit services related to

the fmal phase of SCH66MDISTRICT S 50 -year school construction. project, occurring in

2014, 2015

SCHOOL DISTRICT recognize the benefit for all Lakewood

citizens in allowing the CIT'Y and SCHOOL DISTRICT to collaborate during the Project on

containing costs and identifying future opportunities in which CITY and SCHOOL DISTRICT

can benefit their mutually- shared taxpayers; and

WHEREAS, in exchange for SCHOOL DISTRICT' S full payment of permitting fees

charged by CITY during the Project, and in anticipation ( but uncertainty) that those permitting

W

fees will amply cover all of CITY' S actual costs in reviewing plans and issuing permits related to

the Project, CITY wishes to offer to contribute to a future SCHOOL DISTRICT project of

mutual benefit to CITY and SCHOOL DISTRICT once CITY is able to fully assess its actual

permitting costs at the conclusion of the Project; and

WHEREAS, the parties are memorializing this arrangement below in order to foster

greater clarity and communication between the CITY and SCHOOL DISTRICT in the future;

and

WHEREAS, Lakewood City Council and the Mayor, pursuant to Resolution No.

15 authorized the Mayor to enter into and to administer this MOU; and

WHEREAS, the Lakewood City School District Board of Education ( " BOARD "),

pursuant to Resolution No. 2015- authorized the Superintendent to enter into and to

administer this MOU; and

NOW THEREFORE, the CITY and SCHOOL DISTRICT, each acknowledging the

sufficiency of the consideration, agree as follows:

SECTION 1. ANALYSIS OF COSTS AND CONTRIBUTION.

1. 1 Following the conclusion of the CITY' S permitting for the Project and SCHOOL

DISTRICT' S full payment of permitting fees charged by CITY during the Project, the CITY will

analyze whether those fees have covered all of CITY' S actual costs in reviewing plans and

issuing permits related to the Project, including but not limited to expenses, labor and contracted

services.

1. 2 In the event CITY determines permitting fees for the Project exceed CITY' S actual costs,

CITY will commit to contributing an amount representing the fees paid less the CITY' S

accounted -for costs to a future SCHOOL DISTRICT project ( "Future Project") of mutual benefit

2

84

to CITY and SCHOOL DISTRICT, such contribution and Future Project subject to separate

approval of CITY and SCHOOL DISTRICT within the then - current appropriations and

contracting - authority period.

1. 3 The parties recognize that the Future Project is expected to inure to the benefit of CITY and

SCHOOL DISTRICT, and their constituencies, equally.

SECTION 2. TERM AND TERMINATION OF AGREEMENT.

2. 1 This MOU shall be for a term commencing on the effective date of this MOU and

terminating 12 months following the closing -out of the final permit issued by the CITY for the

Project.

SECTION 3. MISCELLANEOUS.

3. 1 No assignment by a party hereto of any rights, obligations, or interests in this MOU

shall be permitted without the prior written consent of the other party.

3. 2 If any provision of this MOU or the application thereof to any person or circumstances is

held invalid, such invalidity shall not affect other provisions or applications of this MOU which

can be given effect without the invalid provision or application, and to this end the provisions of

this MOU are severable.

3. 3 The interpretation, construction and enforcement of the provisions of this MOU shall be

made in strict conformance with the laws of the State of Ohio.

3. 4 This MOU shall be construed to inure to the benefit of, and be binding upon, all of the

parties, and their respective successors in interest and assigns.

The signature pagesfollows.)

M

IN WITNESS WHEREOF, the parties hereto have made and executed this MOU on the

day and year, and at the place, above first written.

ATTEST:

ATTEST:

SCHOOL DISTRICT:

LAKEWOOD CITY SCHOOL

DISTRICT

By: Jeffrey W. Patterson, Superintendent

CITY:

CITY OF LAKEWOOD, OHIO

By: Michael P. Summers, Mayor

March 2, 2015

Lakewood City Council12650 Detroit AvenueLakewood, Ohio 44107

KEVIN M. BUTLERDIRECTOR OF LAW

PAMELA L. ROESSNERCHIEF PROSECUTOR

JENNIFER L. MLADEK

CHIEF ASSISTANTLAW DIRECTOR

ASHLEY L. BELZERASSISTANT PROSECUTOR/

LAW DEPARTMENT ASSISTTANT LAW DIRECTOR

OFFICE OF PROSECUTION12650 Detroit Avenue, Lakewood, Ohio 44107

216) 529 -6030 1 Fax ( 216) 226 -2514vmv.onelakewood.com

law@lakewoodoh.net

Direct dial: ( 216) 529 -6034kev*in.buUer@lakewoOdoh.net

Re: Updates to Chapter 143, City Records Commission

Dear Members of Council:

Following this letter is an ordinance that would revise the content of Chapter 143 in theadministrative code of the codified ordinances, which governs the city' s records commission.

The records commission was created under state law governing the adoption of public recordretention schedules and the need for public entities to comply with those schedules. ALakewood resident, Brian Bardwell, recently brought to our attention that the relevant state codehas been periodically updated through the years since our chapter was last revised, withoutcorresponding revisions to our code. This ordinance fixes that discrepancy, and I have Mr. Bardwell to thank for bringing it to our attention.

Please refer the legislation to an appropriate committee for further discussion and deliberation.

Very truly yours,

Kevin M. Butler

ORDINANCE NO. BY:

AN ORDINANCE amending Chapter 143, City Records Commission, of theCodified Ordinances of the City of Lakewood, in order to update the code regulating thecomposition and duties of this commission.

WHEREAS, the City Records Commission was created to promote open recordsand fulfill the City' s obligations under state public records law; and

WHEREAS, Chapter 143 of the Code stands to be updated to bring the composi- tion and duties of the City Records Commission in line with state law, which has beenupdated throughout the years and most recently in 2011; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and

WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace ofthe citizens of the municipality; now, therefore

BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO:

Section 1. Chapter 143, City Records Commission, of the Lakewood CodifiedOrdinances, currently reading as follows:

CHAPTER 143

CITY RECORDS COMMISSION

143. 01 ESTABLISHMENT AND MEMBERSHIP.

There is hereby established a City Records Commission to be com- posed of the Mayor, one member of Council appointed by the Presi- dent, the senior Judge of the Municipal Court, the Director of Law andthe Finance Director.

143.02 FUNCTIONS OF COMMISSION.

The functions of the City Records Commission shall be to review allapplications for records disposal or transfer and all schedules of record

retention and destruction and all records disposal lists submitted by anyoffice, court, commission, board, department or agency of the City. Such records may be disposed of by order of the Commission pursuantto the procedure hereinafter outlined.

1.1.1

143. 03 DESTRUCTION OF RECORDS REQUIRED TO BERECORDED.

The City Records Commission may order the destruction or other dis- position of any City record, document, plat, court file, paper or instru- ment in writing, specifically required by law to be kept or recorded, provided that such City record, document, plat, court file, paper or in- strument in writing, is first copied or reproduced in the manner and ac- cording to the procedure prescribed in Ohio R.C. 9. 01,

143.04 DESTRUCTION OF RECORDS NOT REQUIRED TO BERECORDED.

The City Records Commission may order the destruction or other dis- position of any City record, document, plat, court file, paper or instru- ment in writing not specifically required by law to be kept without be- ing copied or reproduced as prescribed in Ohio R.C. 9. 01, and whichdoes not involve any title to or right in property or constitute a regularrecord of any court, if such record, document, plat, court file, paper orinstrument is not less than one year old, does not pertain to any pendingcase, claim or action and no longer has any value, historical or other- wise.

143. 05 RESOLUTION TO DESTROY RECORDS AND PROCE- DURE.

When City records have been approved by disposal by resolution of theCity Records Commission, a list of such records shall be sent the Bu- reau of Inspection and Supervision of Public Offices of the Auditor ofState. If the Bureau disapproves the actions of the Commission inwhole or in part, it shall so inform the Commission within a period ofsixty days. Before records are otherwise disposed of, the Ohio Histori- cal Society shall be informed and given the opportunity for a period ofsixty days to select for its custody or disposal such records as it maydeem to be of continual historical value.

143. 06 AUTHORITY OF COMMISSION.

The City Records Commission may revise, alter, approve or reject anyschedule and application or portion thereof and may designate transferand disposal dates and methods of disposal of records when such arenot specifically provided for by law.

No order of the Commission to destroy or otherwise dispose of anyrecords is valid unless it is agreed to by each such member of theCommission eligible to act under this section, reduced to written formand signed by each member.

143.07 COMPLIANCE REQUIRED.

No person having the custody of any records shall transfer, destroy orotherwise dispose of them, or procure or permit the transfer, destructionor other disposition of them without complying with this chapter.

143.08 PUBLIC RECORDS; FEES FOR DUPLICATION.

a) All City officials are hereby authorized to charge up to twenty-fivecents ( 25¢) per letter -size ( eight and one -half inch by eleven inch) or legal -size ( eight and one -half inch by fourteen inch) page forphotocopies, or copies made from microfilm or microfiche, of rec- ords provided to the public in response to public records requests.

1) A deposit of the total charges due for copying public records maybe required prior to copying.

2) No deposit shall be required prior to copying public records wherethe total charges are less than ten dollars ($ 10. 00) unless the re- questor has failed to pay for copies previously ordered.

b) The charge for duplication of larger or oddly shaped documents orfor duplication processes for which the City does not own the nec-

essary equipment, shall be the actual costs to the City, excludingthe labor costs of City employees, as determined by the FinanceDirector on the advice of the custodian of the records to be dupli- cated. A deposit of the total charges due for copying such publicrecords shall be required prior to copying.

c) City officials are hereby authorized to provide, at the election ofthe requester, photocopies or microfilm or microfiche copies oflarge quantities of documents, or copies ofunusually large or odd- ly shaped documents, through a vendor selected by the City, underthe following conditions:

1) Charges, billing arrangements and security for payment shall bethe responsibility of and determined by the vendor and the reques- tor; the City' s only responsibility relative to costs of such copyingshall be to authorize a vendor to duplicate documents upon deliv- ery of a written receipt from the vendor acknowledging payment orsecurity for such costs.

2) The documents to be copied shall be picked up at, and originals re- turned to, City offices by the vendor.

3) The vendor shall implement security measures satisfactory to theCity to maintain the integrity ofCity records and record systems.

4) The Procurement Officer has identified the vendor as being able tocomply with the requirements of this subsection (c).

d) Nothing in this section shall require a City official or employee tosearch for or create records containing selected information.

e) Nothing in this section shall require the duplication of records orother documents which are not available to the public or the re- lease of which is prohibited under the laws of the State of Ohio orthe United States.

f) Nothing in this section shall require City officials to charge or col- lect a fee for providing written information to any person, or shallbe construed to limit the discretion of any director or supervisor towaive fees customarily charged for copies of documents.

I

143.99 PENALTY.

Whoever violates any provision of this chapter is guilty of a misde- meanor of the fourth degree.

shall be and hereby is repealed, and new Chapter 143, City Records Commission, of theLakewood Codified Ordinances is enacted to read as follows:

CHAPTER 143

CITY RECORDS COMMISSION

143. 01 ESTABLISHMENT AND MEMBERSHIP.

There is hereby established a City Records Commission to be com- posed of the Mayor or his or her appointed representative as chairper- son, the Director of Finance the Director of Law and a citizen appoint- ed by the Mayor, exe memo " arr byAe President-,

the senior

Faraxc& -Diror. The commission shall appoint a secretary, who mayor may not be a member of the commission and who shall serve at thepleasure ofthe commission.

143. 02 FUNCTIONS OF COMMISSION.

The functions of the City Records Commission shall be to provide rulesfor retention and disposal of records of the City to review, revise anda rove schedules of records retention to review all applications forrecords disposal and schedules of records disposition submitted by theCi • and to ensure compliance with Peneral law related to records re- tention disposal and other disposition. or tFarisfer and - •'-',•°h° ' 18

reso d retention and and all raeArds dijjs n,-4maFd,- deparftr.- ut or 0-9PBOY Of the

r .v,, n...,

The commission shall

meet at least once every six months and upon the call of the chairper- son.

nz DESTRUCTION OF RECORDS REQUIRED TO REREC,

Ti r:+y Recordspesitie .

me t in b in

gnt in wi-Iting 4s first copied oF reproduced in the manner and acb .

141. 04

a

dis-

position ,

91

14306 T _ Ajjr nr GOAIAIISSION

NO- order

remds is i Iii

cojmjj"qqian

elland signe 1w"t"ch-n:=m6n

143.07- 03 COMPLIANCE 13EQUIRED.

No person having the custody of any records shall transfer, destroy orotherwise dispose of them, or procure or permit the transfer, destructionor other disposition of them without complying with the revelationsand procedures adopted by the ity Records Commission in accordancewith this chapter.

S•_FE COSTSFO DUPI TC -, 143.08 --04

TT` T T ` 11D1

T-I9N.

Except a__S othern!sa noted in this code or by eneral law the City maychar a actual costs for copies, deltve and transmission of public records and may require payment of costs in advance The cost of employ-- ee time may not be included in the cost of copies of or u- Iotherwise permitted under eeneral law The City may choose to employthe services and char e the re nester the costs of a privateto co ublic records so lon as the decision to do so is reasonable.

cems ( 25

ice_? a

yl!

cededor oE)pieq made from microfilm or

tot} public recoml&feguesty—,

I) A deposit F the total ,. t, e« .• due _for $ a

be required p4op4o cs .

2) No deposit shall be reqt,ifpd prior to cap3ing publie recoMs erethe total obarges are jess than ten dollars ( 910,00yenle&&4he-m-

a a

et" e

for duplication prooesses ftw "; Gh the City does Hoi Own the neeb

ecldea, „

the 1Costs to H n' ,., a.. a: n

t4lp, Igor esstq of City employees, as detemined by the FinaneeI) ireetor on

1, advice F the ..• t,. dian ,. Ftl, a url:

eated. A deposit of the total cauges due for eopying-SuGh- publiOreeords shall be required4yier-t.,_,

b

a'

M followinga: a,..,..•

1) Charges, y

billingM

tor; i City' s1 •. t9.• 1' t. reil. a t.. e.. et F 1. ..

I il hea to duplicate a,. e... e.+t.. ... nn ael:..

b

seaufftyf «.....M eegtp

2) The documents to be eopied shall be pieked up-at—,m a

tumed to, Cityry >, a. e.. e.,, l,...

3) The vendor shall implement security rneasufos satisfaamy to theCity to maintain the integrity .

4) The WapmFement Offieu hag idpmtified the vendar as being able 4ocomply with the requirements of thig sl& qection ( 0).

Tjoth jig in t4jis section ql4gll requiree r:ky nffioi4- a105'eP -( e

selr6h -fer -o sreate Fasords oontaWng BOIKL-44nfemiatienv

0

other gel.imefits whiob afe not available to the publicon the reease of which is prahibited under the lows nf the State PC 011ie or

4le- United - States

Ijothjng ..6e11

I F F • d:......,« 1tte., :.. Far

143.99 PENALTY.

AIR

Whoever knowingly violates any pFovision of •.h.?_ ^_

r ?rSection

143. 03 is guilty of a misdemeanor of the fourth degree.

Section 2. It is found and determined that all formal actions of this Council con- cerning and relating to the passage of this ordinance were adopted in an open meeting ofthis Council and that all such deliberations of this Council and of any of its committeesthat resulted in such formal action were in meetings open to the public in compliance

Adopted:

Approved:

94

PRESIDENT

CLERK

1\/ ' • '

OHIODIVISION OF LIQUoOR CON

SROL6606 TUSSING ROAD,

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Title)_ Clerk of County Commissioner

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CLERK OF LAKEWOOD CITY COUNCIL12650 DETROIT AVLAKEWOOD

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REFER TO THIS NUMBER IN ALL INQUIRIES RANSACTION & NUMBEW

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WE DO NOT REQUEST A HEARING. = DID YOU MARK A BOX? IF NOT, THIS WILL BE CONSIDERED A LATE RESPONSE.

PLEASE SIGN BELOW AND MARK THE APPROPRIATE BOX INDICATING YOUR TITLE:

Title)- Clerk of County Commissioner (Date)

Signature)

Clerk of City Council

M Township Fiscal Officer

12650

DETROIEWOOD CITY COUNCIL

AV

LAKEWOOD OHIO 44107

OHIO DIVISION OF LIQUOR CONTROLNOTICE TO LEGISLATIVE 6606 TUSSING ROAD, P. O. BOX 4005

AUTHORITY REYNOLDSBURG, OHIO 43068 -9005

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Signature) ( Title)- Clerk of County Commissioner

Clerk of City Council -

Township Fiscal Officer

CLERK OF LAKEWOOD CITY COUNCIL12650 DETROIT AVLAKEWOOD OHIO 44107

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Date)