ordinance no. 2018-79 introduced by: councilmembers … · 05/11/2018 · that have been...

ORDINANCE NO. 2018-79

INTRODUCED BY: COUNCILMEMBERS LANE SCHLESSEL

AND CHARLES LOPRESTI

AN ORDINANCE AMENDING CHAPTER 672 OF

THE CODIFIED ORDINANCES OF THE CITY

TITLED WEAPONS BY AMENDING SECTIONS

672.01, 672.03 AND 672.09, AND DECLARING AN

EMERGENCY

WHEREAS, this Council has become aware of certain municipalities which

permit weapons, and apparatus which may be used as weapons, to be use for sport; and

WHEREAS, there are certain uses which are not appropriate in the City of

Lyndhurst; and

WHEREAS, this Council wishes to address those uses. Now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST,

COUNTY OF CUYAHOGA, STATE OF OHIO, THAT:

SECTION 1. Section 672.01 of the Codified Ordinances of the City titled

“Definitions” is hereby amended to read as follows (new material appears like THIS;

deleted material appears like this):

672.01 DEFINITIONS.

As used in this chapter:

(a) "Deadly weapon" means any instrument, device or thing WHICH, IN THE

OPINION OF THE CITY PROSECUTOR, IS capable of inflicting SERIOUS INJURY

OR death, and IS designed or specially adapted for use as a weapon, or possessed, carried

or used as a weapon. DEADLY WEAPON INCLUDES BUT IS NOT LIMITED TO A

SLINGSHOT, BOW AND ARROW, SWITCHBLADE KNIFE, THROWING KNIFE,

TOMAHAWK AND THROWING AXE.

(b) (1) "Firearm" means any deadly weapon capable of expelling or propelling one or

more projectiles by the action of an explosive or combustible propellant. "Firearm"

includes an unloaded firearm, and any firearm that is inoperable but that can readily be

rendered operable.

(2) When determining whether a firearm is capable of expelling or propelling one or

more projectiles by the action of an explosive or combustible propellant, the trier of fact

may rely upon circumstantial evidence, including, but not limited to, the representations

and actions of the individual exercising control over the firearm.

(c) "Handgun" means any of the following:

(1) Any firearm that has a short stock and is designed to be held and fired by the use

of a single hand;

(2) Any combination of parts from which a firearm of a type described in subsection

(c) (1) of this section can be assembled.

(d) "Semi-automatic firearm" means any firearm designed or specially adapted to fire a

single cartridge and automatically chamber a succeeding cartridge ready to fire, with a

single function of the trigger.

(e) "Automatic firearm" means any firearm designed or specially adapted to fire a

succession of cartridges with a single function of the trigger.

(f) "Sawed-off firearm" means a shotgun with a barrel less than eighteen inches long,

or a rifle with a barrel less than sixteen inches long, or a shotgun or rifle less than twenty-

six inches long overall.

(g) "Zip-gun" means any of the following:

(1) Any firearm of crude and extemporized manufacture;

(2) Any device, including without limitation a starter's pistol that is not designed as a

firearm, but that is specially adapted for use as a firearm;

(3) Any industrial tool, signaling device or safety device, that is not designed as a

firearm, but that as designed is capable of use as such, when possessed, carried or used as

a firearm.

(h) "Explosive device" means any device designed or specially adapted to cause

physical harm to persons or property by means of an explosion, and consisting of an

Propos

ed

Ord. No. 2018 –79

explosive substance or agency and a means to detonate it. "Explosive device" includes

without limitation any bomb, any explosive demolition device, any blasting cap or

detonator containing an explosive charge, and any pressure vessel that has been

knowingly tampered with or arranged so as to explode.

(i) "Incendiary device" means any firebomb, and any device designed or specially

adapted to cause physical harm to persons or property by means of fire, and consisting of

an incendiary substance or agency and a means to ignite it.

(j) "Ballistic knife" means a knife with a detachable blade that is propelled by a spring-

operated mechanism.

(k) "Dangerous ordnance" means any of the following, except as provided in

subsection (l) hereof:

(1) Any automatic or sawed-off firearm, zip-gun or ballistic knife;

(2) Any explosive device or incendiary device;

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN, cyclonite, TNT, picric acid and

other high explosives; amatol, tritonal, tetrytol, pentolite, pecretol, cyclotol and other high

explosive compositions; plastic explosives; dynamite, blasting gelatin, gelatin dynamite,

sensitized ammonium nitrate, liquid-oxygen blasting explosives, blasting powder and

other blasting agents; and any other explosive substance having sufficient brisance or

power to be particularly suitable for use as a military explosive, or for use in mining,

quarrying, excavating or demolitions;

(4) Any firearm, rocket launcher, mortar, artillery piece, grenade, mine, bomb,

torpedo or similar weapon, designed and manufactured for military purposes, and the

ammunition for that weapon;

(5) Any firearm muffler or suppressor;

(6) ANY DEADLY WEAPON AS SET OUT IN SECTION (a), ABOVE;

(7)(6) Any combination of parts that is intended by the owner for use in converting

any firearm or other device into a dangerous ordnance.

(l) "Dangerous ordnance" does not include any of the following:

(1) Any firearm, including a military weapon and the ammunition for that weapon,

and regardless of its actual age, that employs a percussion cap or other obsolete ignition

system, or that is designed and safe for use only with black powder;

(2) Any pistol, rifle or shotgun, designed or suitable for sporting purposes, including

a military weapon as issued or as modified, and the ammunition for that weapon unless

the firearm is an automatic or sawed-off firearm;

(3) Any cannon or other artillery piece that, regardless of its actual age, is of a type

in accepted use prior to 1887, has no mechanical, hydraulic, pneumatic or other system

for absorbing recoil and returning the tube into battery without displacing the carriage,

and is designed and safe for use only with black powder;

(4) Black powder, priming quills and percussion caps possessed and lawfully used to

fire a cannon of a type defined in subsection (l)(3) hereof during displays, celebrations,

organized matches or shoots, and target practice, and smokeless and black powder,

primers and percussion caps possessed and lawfully used as a propellant or ignition

device in small-arms or small-arms ammunition;

(5) Dangerous ordnance that is inoperable or inert and cannot readily be rendered

operable or activated, and that is kept as a trophy, souvenir, curio or museum piece.

(6) Any device that is expressly excepted from the definition of a destructive device

pursuant to the "Gun Control Act of 1968," 82 Stat. 1213, 18 U.S.C.921 (a)(4), as

amended, and regulations issued under that Act.

(m) “Explosive” means any chemical compound, mixture, or device, the primary or

common purpose of which is to function by explosion. “Explosive” includes all materials

that have been classified as division 1.1, division 1.2, division 1.3, or division 1.4

explosives by the United States Department of Transportation in its regulations and

includes, but is not limited to, dynamite, black powder, pellet powders, initiating

explosives, blasting caps, electric blasting caps, safety fuses, fuse igniters, squibs,

cordeau detonant fuses, instantaneous fuses, and igniter cords and igniters. “Explosive”

does not include “fireworks”, as defined in Ohio R.C. 3743.01, or any substance or

material otherwise meeting the definition of explosive set forth in this section that is

manufactured, sold, possessed, transported, stored or used in any activity described in

Ohio R.C. 3743.80, provided the activity is conducted in accordance with all applicable

Propos

ed

Ord. No. 2018 –79

laws, rules and regulations, including, but not limited to, the provisions of Ohio R.C.

3743.80, and the rules of the Fire Marshal adopted pursuant to Ohio R.C. 3737.82.

(n) (1) “Concealed handgun license” or “license to carry a concealed handgun”

means, subject to subsection (n)(2) of this section, a license or temporary emergency

license to carry a concealed handgun issued under Ohio R.C. 2923.125 or 2923.1213 or a

license to carry a concealed handgun issued by another state with which the Attorney

General has entered into a reciprocity agreement under Ohio R.C. 109.69.

(2) A reference in any provision of the Ohio Revised Code to a concealed handgun

license issued under Ohio R.C. 2923.125 or a license to carry a concealed handgun issued

under Ohio R.C. 2923.125 means only a license of the type that is specified in that

section. A reference in any provision of the Ohio Revised Code to a concealed handgun

license issued under Ohio R.C. 2923.1213, a licence to carry a concealed handgun issued

under Ohio R.C. 2923.1213, or a license to carry a concealed handgun on a temporary

emergency basis means only a license of the type that is specified in Ohio R.C.

2923.1213. A reference in any provision of the Ohio Revised Code to a concealed

handgun license issued by another state or a license to carry a concealed handgun issued

by another state means only a license issued by another state with which the Attorney

General has entered into a reciprocity agreement under Ohio R.C. 109.69.

(o) “Valid concealed handgun license” or “valid license to carry a concealed handgun”

means a concealed handgun license that is currently valid, that is not under a suspension

under division (A)(1) of Ohio R.C. 2923.128, under Ohio R.C. 2923.1213, or under a

suspension provision of the state other than this State in which the license was issued, and

that has not been revoked under division (B)(1) of Ohio R.C. 2923.128, under Ohio R.C.

2923.1213 or under a revocation provision of the state other than this State in which the

license was issued.

(p) “Misdemeanor punishable by imprisonment for a term exceeding one year” does

not include any of the following:

(1) Any federal or state offense pertaining to antitrust violations, unfair trade

practices, restraints of trade or other similar offenses relating to the regulation of business

practices;

(2) Any misdemeanor offense punishable by a term of imprisonment of two years or

less.

(q) “Alien registration number” means the number issued by the United States

Citizenship and Immigration Services Agency that is located on the alien’s permanent

resident card and may also be commonly referred to as the “USCIS number” or the “alien

number”.

(r) “Active duty” has the same meaning as defined in 10 U.S.C. 101.


“Using Weapons While Intoxicated” is hereby amended to read as follows (new material

appears like THIS; deleted material appears like this):

672.03 USING WEAPONS WHILE INTOXICATED.

(a) No person, while under the influence of alcohol or any drug of abuse, shall carry or

use any DEADLY WEAPON, firearm or dangerous ordnance.

(b) Whoever violates this section is guilty of using weapons while intoxicated, a

misdemeanor of the first degree.


“Pointing and Discharging Firearms and Other Weapons” is hereby amended to read as

follows (new material appears like THIS; deleted material appears like this):

672.09 POINTING AND DISCHARGING FIREARMS AND OTHER WEAPONS.

(a) Except as provided in divisions (c) and (d) of this section, no person shall

discharge any air gun, rifle, shotgun, revolver, pistol or other firearm, or make use of any

sling or SHOT, BOW AND arrow, SWITCHBLADE KNIFE, THROWING KNIFE,

TOMAHAWK OR THROWING AXE within the corporate limits of the Municipality.

(b) No person shall, intentionally and without malice, point or aim a firearm at or

toward another or discharge a firearm so pointed or aimed.

Propos

ed

Ord. No. 2018 –79

(c) This section does not extend to cases in which firearms, slings or arrows

SLINGSHOTS, BOWS AND ARROWS, SWITCHBLADE KNIVES, THROWING

KNIVES, TOMAHAWKS AND THROWING AXES are used in self-defense, in the

discharge of official duty or in justifiable homicide.

(d) This section does not extend to cases in which BB guns and other air guns, or

slings or arrows SLINGSHOTS, BOWS AND ARROWS, SWITCHBLADE KNIVES,

THROWING KNIVES, TOMAHAWKS AND THROWING AXES are used in the

confines of dwellings, provided such use is under adult supervision and is approved by

the Chief of Police.

(e) Whoever violates any of the provisions of this section is guilty of a misdemeanor

of the fourth degree.

SECTION 4. This Council declares that the various provisions of this Ordinance

are severable, and if any word, clause, sentence, paragraph, or section of this Ordinance

shall be declared unconstitutional or otherwise invalid by the judgment or decree of any

court of competent jurisdiction, such unconstitutionally or illegality shall not affect any of

the remaining words, clauses, sentences, paragraphs, and sections of this Ordinance.

SECTION 5. The Council finds and determines that all formal actions of this

Council relating to the adoption of this Ordinance have been taken at open meetings of

this Council; and that deliberations of this Council and of its committees, resulting in

such formal action, took place in meetings open to the public, in compliance with all

statutory requirements including the requirements of Section 121.22 of the Ohio Revised

Code.

SECTION 6. This Ordinance is hereby declared to be an emergency measure

necessary to implement the aforesaid sections of the general offenses code in the City

immediately and without delay so as to protect the residents of the City. Therefore, this

Ordinance shall take effect immediately upon the affirmative vote of not less than five (5)

members elected to Council, and signature by the Mayor, or otherwise at the earliest time

allowed by law.

PASSED:

____________________________________

MAYOR

VICE MAYOR

ATTEST:

Clerk of Council

I, the undersigned Clerk of Council of the City of Lyndhurst, hereby certify that there is

no newspaper published or having an office of publication in said City, and that I

published the foregoing Ordinance by advertising the same by title on one day in each of

two consecutive weeks in a newspaper of general circulation in said City on

______________________________and .

____________________________________

Clerk of Council

First Reading:

Second Reading:

Third Reading:

Propos

ed


Introduced By: Administration

TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES

AND OTHER EXPENDITURES OF THE CITY OF LYNDHURST

FOR THE PERIOD ENDING DECEMBER 31, 2018

REPEALING ORDINANCE NO. 2018-77

AND DECLARING AN EMERGENCY

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

LYNDHURST, STATE OF OHIO:

Section 1. That to provide for the current expenses and other expenditures of the City

of Lyndhurst for the period beginning January 1, 2018 and ending December 31, 2018, the following sums be

appropriated as set forth in the following sections.

Section 2. That there be appropriated from the General Fund the following:

SECURITY OF PERSONS AND PROPERTY

1111 POLICE

Salaries & Wages $3,180,864

Other Expenses $812,731 $3,993,595

1114 ANIMAL CONTROL

Salaries & Wages $0

Other Expenses $35,500 $35,500

1116 SPO & AUXILIARY

Salaries & Wages $64,500


1118 PARKS & SCHOOL SECURITY



1121 COMMUNICATIONS



1131 FIRE DEPARTMENT

Salaries & Wages $2,635,697

Other Expenses $720,327 $3,356,024

TOTAL SECURITY OF PERSONS AND PROPERTY $8,087,181

PUBLIC HEALTH AND WELFARE

2211 COUNTY HEALTH DEPARTMENT


Ordinance No. 2018-80 Page 1

Propos

ed

TOTAL PUBLIC HEALTH AND WELFARE $60,484

COMMUNITY ENVIRONMENT

3311 PLANNING COMMISSION



3313 BOARD OF ZONING APPEALS




Propos

ed

3315 ARCHITECTURAL BOARD OF REVIEW



3323 BUILDING DEPARTMENT



TOTAL COMMUNITY ENVIRONMENT $540,581

LEISURE TIME ACTIVITIES

4419 PARKS



4421 BRAINARD SPRAYGROUND



4422 LYNDHURST POOL



4433 HOME DAYS


4435 HOLIDAY LIGHTING


4437 COMMUNITY PARTNERSHIP ON AGING


TOTAL LEISURE TIME ACTIVITIES $807,549

BASIC UTILITIES

5561 REFUSE COLLECTION AND DISPOSAL



5563 RECYCLING



5565 LEAVES



5567 TREES



Propos

ed


TOTAL BASIC UTILITIES $1,375,894


Propos

ed

GENERAL GOVERNMENT

7711 MAYOR



7712 INCOME TAX ADMINISTRATION


7713 FINANCE DEPARTMENT



7714 LAW DEPARTMENT



7715 SERVICE DEPARTMENT



7717 CIVIL SERVICE COMMISSION



7721 COUNCIL



7731 MUNICIPAL COURT


Other Expenses $481,280 $1,316,104

7741 GENERAL ADMINISTRATION


7742 PUBLIC LANDS & BUILDINGS



7744 STATUTORY


7746 ENGINEERING



7761 UNCLAIMED


TOTAL GENERAL GOVERNMENT $4,844,957

TOTAL OPERATIONS $15,716,646


Propos

ed

INTERFUND TRANSFERS & ADVANCES

to Police Pension Fund $430,312

to Fire Pension Fund $450,850

to LV Perm Improv Tax Inc Fund $811,325

to Permanent Improv Fund $765,000

to Sewer Maintenance Fund $0

to Sewer Construction Fund $0

to Community Center Fund $245,000

to Petty Cash Fund $0

TOTAL INTERFUND TRANSFERS AND ADVANCES $2,702,487

GRAND TOTAL GENERAL FUND $18,419,133


Propos

ed

Section 3. That there be appropriated from the Special Revenue Fund Class the following:

210 STATE HIGHWAY FUND


TOTAL STATE HIGHWAY FUND $50,000

220 COURT PROBATION SERVICES



TOTAL COURT PROBATION SERVICES $38,228

230 COURT SPECIAL PROJECTS FUND



231 COURT SPECIAL PROJECTS IDIAM FUND


TOTAL COURT SPECIAL PROJECTS FUND $257,211

240 STREET CONSTRUCTION, MAINT. & REPAIR FUND

1141 TRAFFIC SAFETY



5552 STORM SEWERS



6611 STREETS



6621 SNOW REMOVAL



TOTAL STREET CONSTRUCTION, MAINT & REPAIR FUND $925,642

250 COMMUNITY CENTER FUND



TOTAL COMMUNITY CENTER FUND $283,580

260 COURT EDP FUND

Salaries & Wages $100


TOTAL COURT EDP FUND $230,300


Propos

ed

280 DUI/INDIGENT FUND


TOTAL DUI/INDIGENT FUND $50,000

290 LAW ENFORCEMENT FUND


TOTAL LAW ENFORCEMENT FUND $10,000

291 LAW ENFORCEMENT ESA FUND


TOTAL LAW ENFORCEMENT ESA FUND $16,000

TOTAL SPECIAL REVENUE FUNDS $1,860,961


Propos

ed

Section 4. That there be appropriated from the Debt Service Fund Class the following:

310 GENERAL BOND RETIREMENT FUND

Other Expenses $1,199,000 $1,199,000

TOTAL GENERAL BOND RETIREMENT FUND $1,199,000

320 LV PUBLIC IMPROVEMENT FUND


TOTAL GENERAL LV PUBLIC IMPROV FUND $391,322

TOTAL DEBT SERVICE FUNDS $1,590,322

Section 5. That there be appropriated from the Capital Projects Fund Class the following:

410 PERMANENT IMPROVEMENT FUND

Capital Outlay $923,867 $923,867

TOTAL PERMANENT IMPROVEMENT FUND $923,867

440 PARKS & RECREATION EQUIPMENT


TOTAL PARKS & RECREATION EQUIPMENT FUND $5,000

450 STREET IMPROVEMENT FUND

Capital Outlay $1,183,476 $1,183,476

TOTAL STREET IMPROVEMENT FUND $1,183,476

470 CAPITAL RESERVE FUND

Capital Outlay $1,768,284 $1,768,284

TOTAL CAPITAL RESERVE FUND $1,768,284

TOTAL CAPITAL PROJECTS FUNDS $3,880,627

Section 6. That there be appropriated from the Special Asssessment Fund Class the following:

810 STREET LIGHTING FUND


TOTAL STREET LIGHTING FUND $229,750

820 SEWER MAINTENANCE & REPAIR FUND


Other Expenses $101,186


TOTAL SEWER MAINTENANCE & REPAIR FUND $657,728

830 SIDEWALK FUND


Propos

ed


TOTAL SIDEWALK FUND $154,000

840 SEWER CONSTRUCTION FUND

Other Expenses $28,500


TOTAL SEWER CONSTRUCTION FUND $971,845

850 SHADE TREE FUND



TOTAL SEWER MAINTENANCE & REPAIR FUND $141,073

TOTAL SPECIAL ASSESSMENT FUNDS $2,154,396


Propos

ed

Section 7. That there be appropriated from the Trust & Agency Fund Class the following:

710 OTHER TRUST & AGENCY


TOTAL OTHER TRUST & AGENCY FUND $159,500

720 POLICE PENSION FUND


.

TOTAL POLICE PENSION FUND $518,585

730 FIRE PENSION FUND


.

TOTAL FIRE PENSION FUND $595,125

790 PETTY CASH FUND

Other Expenses $0 $0

.

TOTAL PETTY CASH FUND $0

TOTAL TRUST & AGENCY FUNDS $1,273,210

GRAND TOTAL ALL FUNDS $29,178,649

Section 8. The Director of Finance is hereby authorized to draw her warrant for payment of any

of the foregoing appropriations upon receiving the proper certifications and voucher thereof, approved by the

Council of the City of Lyndhurst, Ohio or officers authorized by law to approve the same, or by ordinance or

resolution of Council to make expenditures, provided that no warrant be drawn or paid for salaries or wages

except to persons employed by authority of and in accordance with law or ordinance.

Section 9. REPEAL OF PRIOR ORDINANCES: Any and all ordinances, or parts thereof,

inconsistent herewith, and specifically Ordinance No. 2018-77 to the extent it is inconsistent herewith, are hereby

repealed; otherwise, any provisions of such Ordinance not inconsistent herewith shall remain in full force and effect.

Section 10. Council finds and determines that all formal actions of this Council relating to the adoption

of this Ordinance have been taken at open meetings of this Council; and that deliberations of this Council and of its

committees, resulting in such formal action, took place in meetings open to the public, in compliance with all statutory

requirements including the requirements of Section 121.22 of the Ohio Revised Code.

Section 11. This Ordinance is hereby declared to be an emergency measure necessary for the

immediate preservation of the public peace, health and safety, for further reason that it is necessary to

immediately make the appropriations herein in order that the City can properly function and meet its

obligations currently. Wherefore, this Ordinance shall take effect immediately upon its passage by the

affirmative vote of not less than five (5) members elected to council and approval by the Mayor;

otherwise, from and after the earliest time allowed by law.

PASSED:

Mayor

ATTEST:

Clerk of Council Vice- Mayor


Propos

ed

I, the undersigned Clerk of Council of the City of Lyndhurst, hereby certify that there is no newspaper

published or having an office of publication in said City, and that I published the foregoing Ordinance by

advertising the same by title on one day in each of two consecutive weeks in a newspaper

of general circulation in said City, on and .

Clerk of Council

First Reading:

Second Reading:

Third Reading:


Propos

ed


INTRODUCED BY: ADMINISTRATION

AN ORDINANCE CREATING THE POSITION OF CITY

ENGINEER FOR THE PERIOD BEGINNING JANUARY 1, 2019

AND ENDING DECEMBER 31, 2020; FIXING THE DUTIES

AND COMPENSATION FOR SAID POSITION; PROVIDING

FOR THE MAYOR TO CONTRACT FOR OTHER MUNICIPAL

ENGINEERING SERVICES FOR THE CITY; AND

DECLARING AN EMERGENCY

WHEREAS, by the adoption of Ordinance No. 2016-92 the City created the

position of City Engineer, made appointment thereto and provided for the duties and

compensation for said position; and

WHEREAS, the City is currently under contract with Chagrin Valley

Engineering, Ltd., to act as municipal engineers for the City, and the City is desirous of

continuing that contract to the extent provided for herein. Now, therefore,


CUYAHOGA COUNTY, STATE OF OHIO, THAT:

SECTION 1. The position of City Engineer is hereby established for the period

beginning January 1, 2019, and ending December 31, 2020,

SECTION 2. Salaried compensation for said position is hereby established at an

annual sum of Nineteen Thousand Three Hundred Dollars ($19,300.00), which shall be

payable in bi-weekly installments and subject to all normal payroll and public employee

retirement system deductions.

SECTION 3. The position of City Engineer established in Section 1 shall be

filled by appointment of the Mayor as provided for in the City Charter.

SECTION 4. In addition to the aforesaid appointment, the Mayor is hereby

authorized and directed to enter into a contract with Chagrin Valley Engineering, Ltd., in

accordance with the Proposal dated October 29, 2018, a copy of which is attached hereto

and made a part hereof as Attachment “A”, to act for and on behalf of the City on all

municipal engineering matters, other than those matters set forth in Section 1 hereof.

SECTION 5. The contractual services to be provided to the City by Chagrin

Valley Engineering, Ltd., and the compensation for same shall be as follows:

A. SERVICES TO BE RENDERED FOR PUBLIC IMPROVEMENTS:

1. Preparation of all necessary plans, profiles, specifications and

estimates of cost of every kind for all public improvements.

2. Serving as the authorized representative of the City and reviewing

the execution of all public work undertaken by the City pursuant to

plans and specifications approved by the Council.

3. Supervising and directing all inspectors of public work.

4. Furnishing to the Council and other City Officials, plans,

specifications and estimates of costs of all improvements for the

guidance of the Council and City Officials and for the information

and guidance of other persons dealing with the City.

Propos

ed

2018-81

Page 2

That for such basic services in connection with the construction of public

improvements as described above, Chagrin Valley Engineering, Ltd., shall receive

compensation on a percentage of the actual cost of construction of all improvements

made by Council and under his control. The percentage paid shall be as follows:

COST OF CONSTRUCTION FEE

$0 - $ 150,000 Hourly

$ 150,000 - $ 250,000 $ 15,000 plus 7% of the amount

over $150,000

$ 250,000 - $ 500,000 $ 22,000 plus 7% of the amount

over $250,000

$ 500,000 - $1,000,000 $ 39,500 plus 6.5% of the amount

over $500,000

$1,000,000 - $5,000,000 $ 72,000 plus 5.5% of the amount

over $1,000,000

B. HOURLY RATE SCHEDULE: For additional services for which the

Engineer shall have been authorized to prepare material or work not let by Contract, or

for special surveys, reports, or the preparation of special assessments, compensation shall

be made on the basis of time spent by the Engineer or his employees and associates at the

rates set forth in the following schedule of hourly rates, plus reimbursable expenses.

Municipal Engineer $90.00 per hour

Assistant Engineer $80.00 per hour

Surveyor $74.00 per hour

Designer $64.00 per hour

Contract Administrator $63.00 per hour

Inspector $45.50 per hour

Clerical $35.00 per hour

Field Crew (1 man) $87.00 per hour



Storm Water Coordinator $71.00 per hour

Storm Water Technician $62.00 per hour

Wetland Scientist $77.00 per hour

Wetland Technician $62.00 per hour

Prints, Materials, Supplies and Services by others shall be at actual cost.

SECTION 6. The Municipal Engineers provided for in Section 1 and Section 4

agree that for the duration of their appointment by this Municipality neither they nor any

member of Chagrin Valley Engineering, Ltd., or employee thereof, will accept any private

engineering or surveying work that requires their review and/or approval unless approved

by the Mayor and Council; however, work for Federal, State, County or Regional

Governments is not prohibited.

SECTION 7. Chagrin Valley Engineering, Ltd., agrees to save harmless and

indemnify the City from any and all claims, demands, causes of action, costs, legal

expenses, or any other costs or expenses, of or from contractors or any person or entity

arising from improper information or guidance from Chagrin Valley Engineering, Ltd.,

which results in a poor, substandard or wrong result or results, when said contractor,

person or entity have faithfully observed the plans and specifications prepared by Chagrin

Valley Engineering, Ltd., unless the responsibility therefore shall be clearly that of the

City or another third party. The foregoing sentence does not limit the usual common law

remedies available to the City for breach of contract or other violation of contract for

engineering services.

SECTION 8. The contract provided herein with Chagrin Valley Engineering,

Ltd., may be terminated by either party on sixty (60) days advance written notice to the

other, provided that such termination shall not affect the duty of the City Engineer or

Chagrin Valley Engineering, Ltd., to render service, nor the obligation of the Municipality

to pay for such service rendered, before the effective date of termination.

Propos

ed

2018-81

Page 3

SECTION 9. This Ordinance shall be executed as a Contract in lieu of the

preparation of special contract documents since this Ordinance contains the

understanding and agreement between Chagrin Valley Engineering, Ltd., and the City,

and the Mayor is authorized to execute said Contract.






Code.


necessary for the immediate preservation of the public peace, health, safety and welfare of

the residents of the City for the reason that the appointment of the Municipal Engineer

must be effective immediately in order to provide for the efficient operation of the

various departments of the City. Therefore this Ordinance shall take effect immediately

upon the affirmative vote of not less than five (5) members elected to Council, and

signature by the Mayor, or otherwise at the earliest time allowed by law.

PASSED:

MAYOR

VICE-MAYOR

ATTEST:

Clerk of Council

Sections Four through Nine hereof, inclusive, be and are hereby executed by the parties as

the contract between them for the period of January 1, 2018 to December 31, 2020. The

undersigned, Chagrin Valley Engineering, Ltd., hereby accepts the above mentioned

agreement as contractual Municipal Engineers for the City of Lyndhurst as set forth in

said sections upon the terms and conditions as hereinbefore set forth, and agrees to

perform the duties of said office as hereinabove provided.

THE CITY OF LYNDHURST CHAGRIN VALLEY ENGINEERING, Ltd.

By: By: MAYOR PATRICK A. WARD Title

I, the undersigned Clerk of Council of the City of Lyndhurst, hereby certify that

there is no newspaper published or having an office of publication in said City, and that I


two consecutive weeks in a newspaper of general circulation in said City, on

and .

Clerk of Council

First Reading: ____________________

Second Reading: ___________________

Third Reading: ____________________

Propos

ed



AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1

WITH TEAMCRAFT ROOFING, INC., FOR THE

LYNDHURST SERVICE GARAGE AND WEST

ENTRANCE TO CITY HALL ROOF REPAIR PROJECT,

AND DECLARING AN EMERGENCY

WHEREAS, the City has previously entered into a Contract with TeamCraft

Roofing, Inc. for the Lyndhurst Service Garage and west entrance to City Hall Roof

Repair Project; and

WHEREAS, TeamCraft Roofing, Inc. has successfully completed the Contract;

and

WHEREAS, it is necessary to enter into a Change Order as set forth herein due

to needed additions to the Contract or unforeseen circumstances associated with the

Contract. Now, therefore,


CUYAHOGA COUNTY, STATE OF OHIO, THAT:

SECTION 1. The Mayor be and he is hereby authorized to enter into a Change

Order Contract with TeamCraft Roofing, Inc. for the additional amount of Nine Thousand

Nine Hundred Dollars ($9,900.00), in addition to the Contract heretofore authorized by

the Board of Control of this Council, to replace one drain on the upper roof and to install

two new drains on the lower roof, all as more fully set forth in Change Order No. 1, dated

October 23, 2018, which is fully incorporated herein. The City’s Consultant has

approved the aforesaid Change Order.

SECTION 2. The Director of Finance be and is hereby authorized and directed to

pay the amount provided for in Section 1 of this Ordinance upon passage hereof and

execution of the Change Order authorized herein and completion of the work.

SECTION 3. This Council determines that the work included in the Contract

with TeamCraft Roofing, Inc. has been completed, and the Contract may be closed out,

and the retainage released, pursuant to the application and certificate for final payment,

the final Contract price, including additions and deletions, being Three Hundred Four

Thousand Nine Hundred Dollars ($304,400.00). This final payment amount has been

approved by the City’s Consultant.

SECTION 4. The Mayor be and he is hereby authorized to execute all documents

necessary to complete the closeout of this Contract in accordance with this Ordinance.






Code.


necessary for the immediate preservation of the public peace, health and safety of the City

of Lyndhurst and its residents for the reason that it is necessary to approve the aforesaid

changes so as to not unnecessarily delay the completion of the aforesaid Project.

Therefore, this Ordinance shall take effect immediately upon the affirmative vote of not

less than five (5) members elected to Council, and signature by the Mayor, or otherwise at

the earliest time allowed by law.

Propos

ed

Ord. No. 2018-82

Page -2-

PASSED:

MAYOR

VICE-MAYOR

ATTEST:

Clerk of Council





and .

Clerk of Council

First Reading: ____________________

Second Reading: ___________________

Third Reading: ____________________

Propos

ed

RESOLUTION NO. 2018-83


A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A

GRANT FROM THE FEDERAL EMERGENCY

MANAGEMENT AGENCY AND THE DEPARTMENT OF

HOMELAND SECURITY PURSUANT TO THE FISCAL YEAR

2017 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM

TO FUND THE OPERATING AND SAFETY PROGRAM,

AUTHORIZING THE EXPENDITURE OF THE LOCAL

SHARE, AND DECLARING AN EMERGENCY

WHEREAS, the City has submitted an application to the Federal Emergency

Management Agency (FEMA) and the Department of Homeland Security (DHS) for grant

funds for assistance in the Fiscal Year 2017 Assistance to Firefighters Grant Program to

fund the Operations and Safety Program for the City’s Fire Department; and

WHEREAS, FEMA has informed the City that its grant application has been

approved, and grant funds in the amount of Fifty-Three Thousand Three Hundred

Twenty-Six Dollars ($53,326.00) are available to the City; and

WHEREAS, it is necessary to immediately accept said grant, and to authorize

payment of the local share. Now, therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LYNDHURST,

CUYAHOGA COUNTY, OHIO, THAT:

SECTION 1. This Council hereby authorizes the Mayor to accept a grant from

the Federal Emergency Management Agency (FEMA) and the Department of Homeland

Security (DHS) in the amount of Fifty-Three Thousand Three Hundred Twenty-Six

Dollars ($53,326.00), as part of the Fiscal Year 2017 Assistance to Firefighters Grant

Program, to fund the Operations and Safety Program for the City's Fire Department, and

further authorizes expenditure of Two Thousand Six Hundred Sixty-Six Dollars

($2,666.00) as the City’s local share.

SECTION 2. The Mayor is hereby authorized to execute all documents

necessary to accept said grant, and all actions taken by the Mayor to accept said grant

prior to the effective date of this Resolution are hereby ratified and approved.


Council relating to the adoption of this Resolution have been taken at open meetings of




Code.

SECTION 4. This Resolution is hereby declared to be an emergency measure

necessary for the immediate preservation of the health, safety and welfare of the residents

of the City of Lyndhurst for the reason that the grant must be accepted immediately in

order to provide continuing assistance to the City’s Fire Department. Therefore this

Resolution shall take effect immediately upon the affirmative vote of not less than five

(5) members elected to Council and signature by the Mayor or otherwise at the earliest

time allowed by law.

PASSED:

MAYOR

VICE-MAYOR

ATTEST:

Clerk of Council

Propos

ed

Res. 2018-83

Page -2-



published the foregoing Resolution by advertising the same by title on one day in each of


and .

Clerk of Council

First Reading: ____________________

Second Reading: __________________

Third Reading: ___________________

Propos

ed

RESOLUTION NO. 2018-84


A RESOLUTION RATIFYING AND ADOPTING THE

CITY’S CREDIT CARD POLICY AND DECLARING AN

EMERGENCY

WHEREAS, Section 9.21 of the Ohio Revised Code requires the legislative authority of

a political subdivision to adopt a written policy for the use of credit card accounts; and

WHEREAS, the City of Lyndhurst uses credit card accounts from time to time; and

WHEREAS, Council must adopt a written credit card policy to comply with said statute,

a copy of said policy being attached hereto and made a part hereof as Exhibit “A.” Now,

therefore,

BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LYNDHURST,

CUYAHOGA COUNTY, OHIO, THAT:

SECTION 1. The City’s credit card policy is hereby ratified and adopted, a copy of said

credit card policy being attached hereto, marked Exhibit "A" and incorporated herein as if fully

rewritten.

SECTION 2. The Council finds and determines that all formal actions of this Council

relating to the adoption of this Resolution have been taken at open meetings of this Council; and

that deliberations of this Council and of its committees, resulting in such formal action, took

place in meetings open to the public, in compliance with all statutory requirements including the

requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. This Resolution shall take effect at the earliest time allowed by law.

PASSED: _____________________

________________________________

MAYOR

________________________________

VICE-MAYOR

ATTEST: _____________________

Clerk of Council



published the foregoing Resolution by advertising the same by title on one day in each of two

consecutive weeks in a newspaper of general circulation in said City, on ___________

and .

Clerk of Council

First Reading:

Second Reading:

Third Reading:

Propos

ed

ORDINANCE NO: 2018-85


AN ORDINANCE AMENDING ORDINANCE NO. 2018-76 WHICH

ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY

RATES OF PAY FOR BARGAINING EMPLOYEES IN THE

VARIOUS OFFICES AND DEPARTMENTS, AND WHICH

CONFIRMED LONGEVITY COMPENSATION, VACATIONS,

HOLIDAYS AND OTHER BENEFITS, IN THE CITY OF

LYNDHURST, OHIO, REPEALING CERTAIN SECTIONS OF

ORDINANCE NO. 2018-76 INCONSISTENT HEREWITH, AND

DECLARING AN EMERGENCY

WHEREAS, Council previously enacted Ordinance No. 2018-76 establishing the

salary, compensation, and hourly rates of pay for employees in the various offices and

departments, including members of boards and commissions and confirming other specific

matters related thereto effective January 1, 2018 unless otherwise specified; now, therefore,


CUYAHOGA COUNTY, STATE OF OHIO

SECTION 1. That salary, compensation and hourly rates of pay for bargaining

unit employees of various offices and departments of the City of Lyndhurst are hereby

fixed effective January 1, 2019, unless otherwise specified, as follows, subject to the

method of payment provided for in Section 12:

A. SAFETY FORCES

SUBSECTION 1. POLICE DEPARTMENT:

a. Lieutenants $100,698.78 per annum

Sergeants $89,909.81 per annum

Patrolman with two years or more

service in the Department $80,276.23 per annum

Patrolman with more than one year

but less than two years service

in the Department $73,585.47 per annum

Patrolman with more than six months

but less than one year service

in the Department $66,890.84 per annum

Patrolman with less than six months

service in the Department $62,591.02 per annum

Members of the Police Department

assigned to Detective Duties

(in addition to regular salary) $150 per month

Members of the Police Department

assigned as Detective Bureau

Commander and Traffic Bureau

Commander (in addition to

regular salary) $150 per month

b. Dispatch Supervisor $25.94 to $27.94 per hour

Dispatch Coordinator $24.65 to $26.65 per hour

Community Relation Liaison $27.77 to $29.77 per hour

Police Secretary (Full – Time) $22.33 to $24.33 per hour

Police Secretary (Part – Time) $20.04 to $22.04 per hour

c. Police Radio Dispatcher $24.69 to $26.69 per hour

d. Shift differentials, overtime, uniform allowance vacations and holidays,

Propos

ed

Ordinance No. 2018-

85 page 2

sick leave, emergency pay leave, on-the-job injury leave, jury duty

compensation, education premium, tuition reimbursement, remedial salary

adjustment, longevity, life insurance and sick leave conversion shall be as

provided in the Collective Bargaining Agreement.

SUBSECTION 2. FIRE DEPARTMENT:

a. Captain - Fire Prevention Officer $96,364 per annum

Captains $95,900 per annum

Lieutenants $85,626 per annum

Firefighter with two years or more

service in Dept. (Class A) $76,452 per annum

Firefighter with more than one year but

less than two years service in Dept. $70,057 per annum

Firefighter with more than six months but

less than one year service in Dept. $63,691 per annum

Firefighter with less than six months

service in Dept. $59,597 per annum

Collective Bargaining Unit Members of

the Fire Department certified as

paramedics and assigned to paramedic

duty (in addition to regular salary as

stated in the Collective Bargaining

Unit Agreements 5% annual base pay

b. Overtime for members of the Fire Department, Uniform Allowances Tours

of Duty, Vacations and Holidays, Sick Leave, Sick Leave Conversion,

Longevity, Emergency Paid Leave, and other benefits shall be as provided

in the Collective Bargaining Agreement.

SUBSECTION 3. DIRECTOR OF SAFETY $0 per annum (effective 1/23/02)

SECTION 2. That salary, compensation and hourly rates of pay for bargaining

unit employees of various offices and departments of the City of Lyndhurst are hereby

fixed effective January 1, 2019, unless otherwise specified, as follows, subject to the

method of payment provided for in Section 12:

A. BUILDING DEPARTMENT.

SUBSECTION 1.

Building Inspector $45,000 to $66,077 per annum

Housing Inspector $42,000 to $57,091 per annum

Clerk/Secretary $29,770 to $52,586 per annum

Custodians (full-time) $14.13 - $31.34 per hour

SUBSECTION 2.

a. The Inspectors (full-time) shall be reimbursed for dry cleaning upon

presentation of invoices up to $100.00 per person per year. Reimbursement

upon presentation of invoices up to $300.00 per person per year shall be

given for work shirts, work pants, or safety shoes.

Propos

ed

Ordinance No. 2018-

85 page 3

b. For the employees in the Building Department wages, overtime, remedial cash

adjustment, longevity, certification adjustments, hospitalization, union

standard premium, holidays, vacations, sick leave, sick leave conversion,

and such other provisions shall be as provided in the Respective Collective

Bargaining Agreement.

B. SERVICE DEPARTMENT

SUBSECTION 1. The Director of Public Service shall be reimbursed for dry

cleaning upon presentation of invoices for such dry cleaning in the amount of $10.00 with

a maximum amount of $100.00 per year.

SUBSECTION 2. SERVICE DEPARTMENT EMPLOYEES

a. All employees in Department covered by Collective

Bargaining Agreement $20.00 to $36.37 per hour

b. General Foreman $28.80 to $39.00 per hour

c. All Hospitalization, Shoe Allowance, Protective Eye Glasses, Remedial Salary

Adjustment, Crew Leader Premium, General Foreman Premium,

Commercial Driver's License Allowance and Sick Leave Conversion shall

be as provided in the respective Collective Bargaining Agreement.

SUBSECTION 3. Overtime for employees in the Service Department, Uniform

Allowance, Vacations and Holidays, Sick Leave, Call Back, and Emergency Paid Leave

shall be as provided in the Collective Bargaining Agreement.

C. CLERICAL EMPLOYEES IN THE VARIOUS DEPARTMENTS

SUBSECTION 1. FULL-TIME CLERKS / ACCOUNTANTS

a. Full time Clerks $12.15 to $25.00 per hour

b. Full time Accountants $14.15 to $30.26 per hour

c. For the employees in the Finance Department, wages, overtime, remedial

cash adjustment, longevity, certification adjustments, hospitalization,

education premium, union steward, holidays, vacations, sick leave, sick

leave conversion, and such other provisions shall be as provided in the

Respective Collective Bargaining Agreement.

SECTION 2. DEFINITIONS:

A full-time employee is defined as one who is employed to work a minimum of 40 hours

per week on an annual basis.

A part-time employee is defined as one who is employed to work less than 40 hours per

week on a permanent basis and is scheduled to work regularly scheduled hours, each week, and 52

weeks per year.

A seasonal employee is defined as one who is employed to work for a specified limited

period of time regardless of the number of hours worked in one week.

Retirement is defined as withdrawal from employment with the City of Lyndhurst pursuant

to and through an established retirement plan of Police and Fire Pension, P.E.R.S., Disability

Retirement, Death or any other lawful pension plan.

Propos

ed

Ordinance No. 2018-

85 page 4

SECTION 3. LONGEVITY:

Longevity compensation shall be as provided in Codified Ord. 159.08

SECTION 4. HOSPITALIZATION:

Hospitalization shall be as provided in Codified Ord. 159.09 and in regard to any specific

bargaining unit as provided in the Collective Bargaining Agreement entered into with said

bargaining unit.

SECTION 5. VACATIONS AND HOLIDAYS:

Vacations and Holidays shall be as provided in Codified Ord.159.10 as amended to date.

SECTION 6. OTHER HOLIDAY PROVISIONS:

Other Holiday provisions shall be as provided in the respective Collective Bargaining

Agreements and Codified Ord. 159.10 as modified to accommodate the agreements.

SECTION 7. SICK LEAVE:

Sick Leave shall be as provided in Codified Ord. 159.11 as amended to date or as provided

in the Collective Bargaining Agreements.

SECTION 8. EMERGENCY PAID LEAVE:

Emergency Paid Leave shall be as provided in Codified Ord. 159.12, or as provided in the

Collective Bargaining Agreements.

SECTION 9. OVERTIME:

Overtime shall be as provided in Codified Ord.159.14 unless modified by a collective

bargaining agreement approved by Council, at which time the terms and conditions of said

Collective Bargaining Agreement shall prevail.

SECTION 10. COMPENSATION DURING JURY SERVICE:

Jury Service Compensation shall be as provided in Codified Ord.159.07(c).

SECTION 11. PAYMENT OF SALARIES AND COMPENSATION:

Payment of Salaries and Compensation shall be as provided in Codified Ord. 159.07(a) as

amended to date.

SECTION 12. EFFECTIVE DATE:

This Ordinance and provisions herein made with respect to compensation and other

benefits shall be effective with the full pay period that includes January 1, 2019 unless a different

effective date as to specific provisions is stated herein, in which case such specific effective date

shall prevail.

This Ordinance shall apply only to bargaining unit persons who are employees of the City

of Lyndhurst on and after the date of passage of this ordinance.

SECTION 13. REPEAL OF PRIOR ORDINANCES:

Any and all ordinances, or parts thereof, inconsistent herewith, and specifically Ordinance

No. 2018-76 to the extent it is inconsistent herewith, are hereby repealed, otherwise, any provisions

of such Ordinance not inconsistent herewith shall remain in full force and effect.

Propos

ed

Ordinance No. 2018-

85 page 5

SECTION 14. Council finds and determines that all formal actions of this Council relating

to the adoption of this Ordinance have been taken at open meetings of this Council; and that

deliberations of this Council and of its committees, resulting in such formal action, took place in

meetings open to the public, in compliance with all statutory requirements including the


SECTION 15. This Ordinance is hereby declared to be an emergency measure necessary

for the preservation of the public peace, health and safety of the City of Lyndhurst and its

inhabitants for the reason that compensation of the officers and employees of the City must be

determined and fixed in order to provide for the current operation of the City Government.

Therefore, this Ordinance shall take effect immediately upon the affirmative vote of not less than

five (5) members elected to Council and signature by the Mayor or otherwise at the earliest time

allowed by law and its provisions shall be effective as of January 1, 2019 unless stated otherwise

herein.

PASSED:

MAYOR

VICE MAYOR

ATTEST:

Clerk of Council

I, the undersigned Clerk of Council of the City of Lyndhurst, hereby certify that there is no

newspaper published or having an office of publication in said City, and that I published the

foregoing Ordinance by advertising the same by title on one day in each of two consecutive weeks

in a newspaper of general circulation in said City, on and .

Clerk of Council

First Reading:

Second Reading:

Third Reading:

Propos

ed

ORDINANCE NO: 2018-86


AN ORDINANCE AMENDING ORDINANCE NO. 2018-69 WHICH

ESTABLISHED THE SALARY, COMPENSATION, AND HOURLY

RATES OF PAY FOR NON-BARGAINING EMPLOYEES IN THE

VARIOUS OFFICES AND DEPARTMENTS, INCLUDING MEMBERS OF

BOARDS AND COMMISSIONS, AND WHICH CONFIRMED

LONGEVITY COMPENSATION, VACATIONS, HOLIDAYS AND

OTHER BENEFITS, IN THE CITY OF LYNDHURST, OHIO,

REPEALING CERTAIN SECTIONS OF ORDINANCE NO. 2018-69

INCONSISTENT HEREWITH, AND DECLARING AN EMERGENCY

WHEREAS, Council previously enacted Ordinance No. 2018-69 establishing the salary,

compensation, and hourly rates of pay for employees in the various offices and departments,

including members of boards and commissions and confirming other specific matters related

thereto effective January 1, 2018 unless otherwise specified; now, therefore,

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST, CUYAHOGA

COUNTY, STATE OF OHIO

SECTION 1. That salary, compensation and hourly rates of pay for non-bargaining unit

employees of various offices and departments of the City of Lyndhurst are hereby fixed effective

January 1, 2019, unless otherwise specified, as follows, subject to the method of payment

provided for in Section 11:

A. SAFETY FORCES

SUBSECTION 1. POLICE DEPARTMENT:

a. Chief $95,000 to $114,240 per annum

Executive Officer $105,092 per annum

aa. Executive Officer $200 lump sum paid in 2019

b. Police Radio Dispatcher (Part-Time) $21.52 to $24.52 per hour

bb. Part Time Dispatchers who serve as matrons will be paid

a premium of $25.00 per search

Confidential Secretary $16.38 to $31.62 per hour

bb. Confidential Secretary $200 lump sum paid in 2019

DEPUTY POLICE

Park Guards (Seasonal) $ 9.00 to $11.50 per hour

Auxiliary Police, up to including

25 hours per year $1.25 per annum

Auxiliary Police, who at year end

have worked at least 26 hours,

but less than 41 hours $187.50 per annum



but less than 56 hours $375 per annum








have worked at least 96 hours $1,625 per annum

Propos

ed

Ordinance No.2018-86 page 2

Special Police, during periods of time assigned special duty by Chief:

SPO $15.00 to $28.00 per hour

Jailer (Part-Time) $16.63 to $22.50 per hour

Court Officer (Part-Time) $11.00 to $12.78 per hour

c. Shift differentials, overtime, uniform allowance vacations and holidays,

sick leave, emergency pay leave, on-the-job injury leave, jury duty

compensation, tuition reimbursement, remedial salary adjustment,

longevity, life insurance and sick leave conversion shall be as provided in

the collective bargaining agreement.

SUBSECTION 2. FIRE DEPARTMENT:

a. Chief $95,000 to $114,240 per annum

SUBSECTION 3. DIRECTOR OF SAFETY $0 per annum effective 1/23/02)

B. DEPARTMENT OF LAW

SUBSECTION 1.

DIRECTOR OF LAW $53,000 per annum

The services to be performed by the Director of Law, as a part-time employee of

the City (effective March 1, 1999) subject to all benefits of part-time employees of the

City and further subject to all normal deductions, including PERS, and including health

insurance coverage through the City’s health insurance program (effective February 1,

2006) of which the full monthly premium is reimbursed to the City as a payroll

deduction., and included in the annual compensation shall be: l) Attendance and advice at

all regular and special Council Meetings not to exceed 24 meetings per year; 2)

Attendance and advice at all regular and special Planning Commission Meetings not to

exceed 12 meetings per year; 3) Attendance and advice at all regular and special Board of

Zoning Appeals Meetings not to exceed 12 meetings per year; 4) All regular legislation

necessary for above meetings; 5) All meetings of the Civil Service Commission and

regular business; and 6) Up to twelve hours of legal service per month.

All other matters requiring attention by the Law Director not included in l through

6 above shall, in addition to the base salary, be compensated for at the rate of $130.00 per

hour. Such other matters include but are not limited to special preparation and services

required beyond the scope of l through 6 and litigation, court appearances, negotiations,

preparations of covenants, zoning legislation and research, certificates, notes, bonds,

assessments and other matters incidental to the foregoing special services.

Should any special representation be required beyond the normal scope of the

regular or special duties outlined above, upon recommendation of the Mayor, approval of

such representation and compensation for such services shall be subject to formal

approval by Council in advance.

Upon the request of the Director of Finance, the Director of Law shall submit in

writing a memo setting a value on the services performed in connection with any public

project financed by special assessments. Such amount shall then be included in the cost

of such project with a memo entry of credit to the General Fund in the same amount.

Propos

ed


SUBSECTION 2.

PROSECUTOR $25,000 to $35,700 per annum

The services to be performed by the City Prosecutor shall be as set out in Section

133.03 of the Codified Ordinances. The hourly rate referred to in Section 133.01(c) shall

be $110.00.

C. FINANCE DEPARTMENT.

DIRECTOR OF FINANCE $95,000 to $114,240 per annum

SUBSECTION 1.

Assistant Finance Director $55,000 to $88,740 per annum

cc. Assistant Finance Director lump sum $200 paid in 2019

D. BUILDING DEPARTMENT.

BUILDING COMMISSIONER $85,000 to $112,000 per annum

SUBSECTION 1.

Part-time Inspector $11.00 – $19.19 per hour

Custodians (part-time) $11.00 – $19.19 per hour

SUBSECTION 2. The Building Commissioner shall be reimbursed for dry

cleaning upon presentation of invoices for such dry cleaning in the amount of $10.00

with a maximum amount of $100.00 per person per year.

E. SERVICE DEPARTMENT

DIR. OF PUBLIC SERVICE $85,000 to $112,000 per annum

SUBSECTION 1(a). The Director of Public Service shall be reimbursed for dry

cleaning upon presentation of invoices for such dry cleaning in the amount of $10.00

with a maximum amount of $100.00 per year.

(b). The Director of Public Service shall serve in the capacity as either full or part

time as determined by the Mayor.

SUBSECTION 2. SERVICE DEPARTMENT EMPLOYEES

a. Part-time Service $12.50 to $28.03 per hour

SUBSECTION 3. SEASONAL EMPLOYEES – SERVICE

First Year $11.83 per hour

Second Year $12.27 per hour

F. CLERICAL EMPLOYEES IN THE VARIOUS DEPARTMENTS AND

DEPUTY CLERKS

SUBSECTION 1(a). EXECUTIVE SECRETARY

Secretary to Mayor $35,000 to $68,799 per annum

(b) Secretary to Mayor lump sum $200 paid in 2019

Propos

ed


(c) Whenever the Secretary to Mayor is to attend meetings or work additional

hours outside his/her regular work hours he/she shall be guaranteed at

least two (2) hours additional pay at one and a half (1-1/2) times the

regular rate of pay and if on a holiday he/she shall be guaranteed four (4)

hours pay at two (2) times their regular rate of pay.

SUBSECTION 2. FULL-TIME CLERKS

$12.50 to $28.41 per hour

SUBSECTION 3. PART-TIME CLERKS

$12.00 to $22.15 per hour

SUBSECTION 4. PART-TIME ASSISTANT CLERK OF COUNCIL

$17.50 to $26.20 per hour

SUBSECTION 5. SEASONAL CLERKS

First Year $11.50 per hour

Second Year $12.50 per hour

G. LYNDHURST MUNICIPAL COURT

Judge As established by State of Ohio

SUBSECTION 1. To be paid: 60% by the City of

Lyndhurst and 40% by Cuyahoga

County (amounts are shown as

combined 100% full salary)

Clerk of Court $46,708 to $79,800 per annum

Chief Bailiff $10,000 to $61,200 per annum

Magistrate $ 9,000 to $61,200 per annum

SUBSECTION 2.

Administrative Assistant $24,331 to $56,100 per annum

Magistrate $ 9,000 to $61,200 per annum

Special Projects & Tech Coordinator $35,000 to $71,400 per annum

Deputy Bailiff (Full-Time) $24,822 to $58,801 per annum

Deputy Bailiff (Part-Time) $11.26 to $27.41 per hour

Probation Officer $14.00 to $28.99 per hour

Law Clerk $15.00 to $20.40 per hour

Deputy Clerk (Full-Time) $13.00 to $30.27 per hour

Deputy Clerk (Part-Time) $13.00 to $21.42 per hour

Seasonal (Part-time) $10.00 to $20.40 per hour

H. MEMBERS OF BOARDS AND COMMISSIONS: Appointed by the Mayor.

Board of Architectural Review

$1,250 salary + $ 75 per meeting not to exceed $2,150 per annum

City Planning Commission

$1,500 salary + $75 per meeting not to exceed $2,400 per annum

Civil Service Commission


Board of Zoning Appeals


Propos

ed


I. COMMUNITY CENTER STAFF:

Community Center Coordinator $17.50 - $23.97 per hour

ii. Community Center Coordinator lump sum $200 paid in 2019

Part-time Assistant to Coordinator $12.00 - $17.56 per hour

Part-time Program Assistant $10.00 - $ 13.50 per hour

SECTION 2. DEFINITIONS:

A full-time employee is defined as one who is employed to work a minimum of 40 hours

per week on an annual basis.

A part-time employee is defined as one who is employed to work less than 40 hours per

week on a permanent basis and is scheduled to work regularly scheduled hours, each week, and

52 weeks per year.

A seasonal employee is defined as one who is employed to work for a specified limited

period of time regardless of the number of hours worked in one week.

Retirement is defined as withdrawal from employment with the City of Lyndhurst

pursuant to and through an established retirement plan of Police and Fire Pension, P.E.R.S.,

Disability Retirement, Death or any other lawful pension plan.

SECTION 3. LONGEVITY:

Longevity compensation shall be as provided in Codified Ord. 159.08

SECTION 4. HOSPITALIZATION:

Hospitalization shall be as provided in Codified Ord. 159.09 and in regard to any specific

bargaining unit as provided in the Collective Bargaining Agreement entered into with said

bargaining unit.

SECTION 5. VACATIONS AND HOLIDAYS:

Vacations and Holidays shall be as provided in Codified Ord.159.10 as amended to date.

SECTION 6. OTHER HOLIDAY PROVISIONS:

Other Holiday provisions shall be as provided in the respective collective bargaining

agreements and Codified Ord. 159.10 as modified to accommodate the agreements.

SECTION 7. SICK LEAVE:

Sick Leave shall be as provided in Codified Ord. 159.11 as amended to date or as

provided in the collective bargaining agreements.

SECTION 8. EMERGENCY PAID LEAVE:

Emergency Paid Leave shall be as provided in Codified Ord. 159.12, or as provided in

the collective bargaining agreements.

SECTION 9. OVERTIME:

Overtime shall be as provided in Codified Ord.159.14 unless modified by a collective

bargaining agreement approved by Council, at which time the terms and conditions of said

collective bargaining agreement shall prevail.

SECTION 10. COMPENSATION DURING JURY SERVICE:

Jury Service Compensation shall be as provided in Codified Ord.159.07(c).

Propos

ed


SECTION 11. PAYMENT OF SALARIES AND COMPENSATION:

Payment of Salaries and Compensation shall be as provided in Codified Ord. 159.07(a) as

amended to date.

SECTION 12. EFFECTIVE DATE:

This Ordinance and provisions herein made with respect to compensation and other

benefits shall be effective from and after such pay period that includes January 1, 2019 unless a

different effective date as to specific provisions is stated herein, in which case such specific

effective date shall prevail.

This Ordinance shall apply only to non-bargaining unit persons who are employees of the

City of Lyndhurst on and after the date of passage of this ordinance.

SECTION 13. REPEAL OF PRIOR ORDINANCES:

Any and all ordinances, or parts thereof, inconsistent herewith, and specifically

Ordinance No. 2018-69 to the extent it is inconsistent herewith, are hereby repealed, otherwise,

any provisions of such Ordinance not inconsistent herewith shall remain in full force and effect.


for the preservation of the public peace, health and safety of the City of Lyndhurst and its

inhabitants for the reason that compensation of the officers and employees of the City must be

determined and fixed in order to provide for the current operation of the City Government.

Therefore, this Ordinance shall take effect immediately upon the affirmative vote of not less than

five (5) members elected to Council and signature by the Mayor or otherwise at the earliest time

allowed by law and its provisions shall be effective as of January 1, 2019 unless stated otherwise

herein.

PASSED:

Mayor

Vice-Mayor

ATTEST:

Clerk of Council


no newspaper published or having an office of publication in said City, and that I published the

foregoing Ordinance by advertising the same by title on one day in each of two consecutive

weeks in a newspaper of general circulation in said City, on _______ and _____.

Clerk of Council

First Reading:

Second Reading:

Third Reading:

Propos

ed



AN ORDINANCE AMENDING CHAPTER 159 OF THE

CODIFIED ORDINANCES OF THE CITY TITLED

“EMPLOYEES GENERALLY” BY AMENDING SECTION

159.10 CAPTIONED VACATION AND HOLIDAYS, AND

DECLARING AN EMERGENCY.


LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO THAT:

SECTION 1. That the Codified Ordinances of the City of Lyndhurst are hereby

supplemented by amending Section 159.10 to read as follows: (new material appears like THIS:

deleted materials to appear like this) :

159.10 VACATION AND HOLIDAYS

Each full-time salaried and hourly rate employee in the several offices and departments of

the City shall be entitled to vacation with full pay as follows:

After one year and through five years of

continuous service 2 weeks each year

After five years and through ten years

of continuous service 3 weeks each year

After ten years and through fifteen years

of continuous service 4 weeks each year

After fifteen years of continuous service 5 weeks each year

AFTER TWENTY YEARS OF

CONTINUOUS SERVICE 6 WEEKS EACH YEAR

In addition, for each year of continuous service after twenty (20) years, an employee will

receive an additional day of vacation up to five (5) additional days as shown in the following

schedule:

Twenty-one years 1 day

Twenty-two years 2 days

Twenty-three years 3 days

Twenty-four years 4 days

Twenty-five years 5 days

VACATION LEAVE ACCRUES ONLY WHILE AN EMPLOYEE IS IN PAY STATUS

(E.G., VACATION, PAID MILITARY LEAVE, SICK LEAVE, ETC.). NO VACATION IS

EARNED WHILE AN EMPLOYEE IS IN UNPAID STATUS. IF AN EMPLOYEE WAS NOT

PAID FOR A FULL YEAR PRIOR TO THEIR VACATION ANNIVERSARY DATE, AND

WAS ON UNPAID STATUS FOR ANY PORTION OF THE YEAR, HE SHALL NOT EARN

OR ACCRUE VACATION DURING THE PERIOD OF TIME HE IS IN UNPAID STATUS.

PRORATED VACATION CREDIT IS GIVEN FOR ANY PART OF A PAY PERIOD.

Full-time employment by another political subdivision of the State shall be included when

determining years of continuous service, provided that there is not more than one month between

termination from such former public employment and appointment in the City. EMPLOYEES

WITH PRIOR SERVICE CREDIT WILL BE ENTITLED TO VACATION TIME

COMMENSURATE WITH THOSE YEARS OF SERVICE BUT ONLY AFTER ONE YEAR

OF SERVICE FOR THE CITY OF LYNDHURST.

If an employee is appointed after April 1 and prior to October 1 of the calendar year, he or she

is entitled to two weeks the following year. If an employee is appointed between October 1 and

December 31, he or she is entitled to one week vacation the following year after six months of

employment. If an employee is appointed between January 1 and April 1, he or she is entitled to

one week vacation in that year after six months of employment.

Propos

ed

Ord. 2018 – 87

Page 2

Vacation time shall accrue to the employee each calendar year following the determination of

the first vacation period as set forth above. A vacation shall be taken by the employee during the

year in which it has accrued. If an employee has been unable to use his or her full vacation

allotment during a calendar year, the employee will be paid any unused vacation pay up to, and

not in excess of, forty (40) vacation hours' vacation pay.

All vacations shall be taken at such time as is approved by the department head or the Mayor.

During vacations, employees shall receive their current salary or the proportionate amount

thereof if the Mayor or department head schedules such vacations into shorter periods for the

convenience of the conduct of City business.

Hourly paid part-time employees shall accrue vacation time in the same manner as full- time

employees, except that the per day hours of vacation pay shall be those part-time hours normally

worked by such part-time employees. Seasonal employees shall not be entitled to vacation pay.

Part-time employees must work a portion of each month, and a minimum thirty hours per week,

to be entitled to pro-rated vacation pay.

AFTER ONE YEAR OF SERVICE, IN THE EVENT OF TERMINATION OF

EMPLOYMENT WITH THE CITY FOR ANY REASON OTHER THAN DISCIPLINARY

DISCHARGE WITH JUST CAUSE, EACH EMPLOYEE SHALL BE ENTITLED TO

PAYMENT, AT THEIR CURRENT REGULAR RATE OF PAY, FOR ANY EARNED BUT

UNUSED VACATION LEAVE TO THEIR CREDIT AT THE TIME OF SEPARATION.

VACATION PAY OUT SHALL BE PRORATED BASED UPON THE TIME OF

SEPARATION.

If an employee retires or leaves employment prior to October 1, there shall be no additional

paid vacation time beyond his or her entitlement for that year. If an employee retires or leaves

employment between October 1 and April 1, he or she shall be entitled to one-half of his or her

annual entitlement for the coming year, and if he or she retires or leaves employment after April

1, he or she shall be entitled to his or her full paid vacation time as determined by the above

procedure.

In addition to vacation, each full-time or part-time municipal employee hired after August 1,

2012 who works thirty or more hours per week, whether on an hourly basis or salary basis shall

be entitled to the following holidays with pay.

New Year's Day Thanksgiving Day

Memorial Day Day After Thanksgiving Day

Labor Day Christmas Day

Independence Day Five floating holidays

IN THE EVENT ANY OF THE AFOREMENTIONED HOLIDAYS FALL ON SATURDAY,

THE FRIDAY IMMEDIATELY PRECEDING SHALL BE OBSERVED AS THE HOLIDAY.

IN THE EVENT ANY OF THE AFOREMENTIONED HOLIDAYS FALL ON SUNDAY,

THE MONDAY IMMEDIATELY SUCCEEDING SHALL BE OBSERVED AS THE

HOLIDAY

Floating holidays shall be taken within the calendar year and shall be at a time requested by the

employee with the approval of the department head. Seasonal employees shall not be entitled to

holiday pay. Persons who are hired or leave employment during the calendar year shall be

entitled to one floating holiday for each three months worked or portion thereof. A portion may

not be less than one month. EMPLOYEES WHO ARE HIRED OR SEPARATED FROM

EMPLOYMENT DURING A GIVEN YEAR SHALL RECEIVE PRORATED FLOATING

HOLIDAY BENEFITS IN AMOUNT OF 4 (FOUR) HOURS OF FLOATING HOLIDAY

TIME FOR EACH FULLY COMPLETED MONTH OF SERVICE IN ACTIVE PAY STATUS.

IN THE EVENT THAT AN EMPLOYEE RETIRES AFTER HAVING UTILIZED A

GREATER AMOUNT OF HOLIDAY LEAVE TO WHICH HE OTHERWISE WOULD HAVE

BEEN ENTITLED AT THE TIME OF SEPARATION, HE SHALL HAVE ANY EXCESS

DEDUCTED FROM HIS FINAL PAY IN ORDER TO RECOUP THE OVERAGE.

Notwithstanding the foregoing, all noncollective bargaining unit employees within a

department shall be entitled to receive the same vacation and holiday allowances as the collective

bargaining unit employees within that department.


relating to the adoption of this Ordinance have been taken at open meetings of this Council; and


Propos

ed

Ord. 2018 – 87

Page 3




for the immediate preservation of the health, safety and welfare of the residents of Lyndhurst for

the reason that it is necessary to enact said amendment immediately in order to comport with the

City’s Employee Handbook and Collective Bargaining Agreements. It shall therefore take effect

immediately upon passage by the affirmative vote of not less then five (5) members elected to

Council and approved by the Mayor or otherwise at the earliest time allowed by law.

PASSED:

____________________________________

MAYOR

VICE-MAYOR

ATTEST:

Clerk of Council




weeks in a newspaper of general circulation in said City, on _____________and

_________________.

Clerk of Council

First Reading: __________________

Second Reading: ________________

Third Reading: _________________

Propos

ed

ORDINANCE NO. 2018 -88


AN ORDINANCE AMENDING CHAPTER 159 OF THE

CODIFIED ORDINANCES OF THE CITY TITLED

“EMPLOYEES GENERALLY” BY AMENDING SECTION

159.11 CAPTIONED SICK LEAVE AND DECLARING AN

EMERGENCY


LYNDHURST, CUYAHOGA COUNTY, STATE OF OHIO THAT:

SECTION 1. That the Codified Ordinances of the City of Lyndhurst are hereby

supplemented by amending Section 159.11 to read as follows: (new material appears like THIS:

deleted materials to appear like this) :

159.11 SICK LEAVE.

(a) All full-time employees, and part-time employees hired after August 1, 2012

who work thirty or more hours per week, shall be entitled to sick leave of 4.6 hours for each

eighty hours of service or fraction thereof, including vacation, holidays and sick days, but not

including overtime hours as provided in Section 159.14. Effective January 1, 2013, sick leave

shall not accrue during paid sick leave.

(b) Employees may use sick leave, upon approval of the Mayor or the department

head, for absence due to personal illness, pregnancy, injury, exposure to a contagious disease

which could be communicated to other employees, and to illness or death in the employee's

immediate family. For purposes of this Section, immediate family is limited to only spouse,

child or parent.

(c) Unused sick leave shall be cumulative without limit. When sick leave is used, it

shall be deducted from the employee's credit on the basis of one hour for every one hour of

absence from previously scheduled work.

(d) The Mayor or department head may require the employee to furnish a

satisfactory affidavit or medical report that his or her absence was caused by illness due to any of

the causes mentioned in this section.

(e) Sick leave during any portion of a work period shall be counted for the purpose

of determining the existence of any overtime served in such work period. Transfer of

accumulated sick leave from one public agency of the State to another shall be in accordance

with Ohio R.C. 124.38, which provides for credit of unused sick leave when re-employment in

another public agency takes place within ten years.

(f) In accordance with the provisions of Ohio R.C. 124.39, the City herewith

provides a policy for the credit of unused sick leave upon retirement for certain employees in the

classified and unclassified services of the City. (1) Such an employee with ten or more years of

cumulative public service in a political subdivision of the State shall receive payment for not

more than a maximum of 240 hours unused sick leave time based on a formula of one-fourth of

the employee's accrued but unused sick leave earned while employed by the City at retirement,

but not to exceed a maximum accrual of 960 hours. EMPLOYEES WITH LESS THAN

FIFTEEN YEARS OF SERVICE ARE NOT ELIGIBLE FOR ANY ADDITIONAL

PAYMENTS. (2) In lieu of the foregoing minimum payment SET FORTH IN (1), an eligible

employee may take the following payment if the same is greater PAYMENT WILL BE

GREATER THAN THE AMOUNT RECEIVED UNDER (1). Any eligible employee retiring

from the City shall be paid on a scale based on years of service with the City allowing thirty

percent for fifteen years with Lyndhurst; thirty-five percent for twenty years with Lyndhurst;

forty percent for twenty-five years with Lyndhurst; and forty-five percent for thirty years with

Lyndhurst. In addition to that amount UNDER (2), the City will pay twenty-five percent of the

accumulated sick leave which exceeds 960 hours up to a cap of 1,200 hours. In other words, the

City will pay such employee twenty-five percent of the accumulated sick leave between 960

hours and 1,200 hours. The City will also pay EMPLOYEES ELIGIBLE UNDER (2) one-sixth

of the unused sick time that is in excess of 1,212 hours but less than 3,113 total hours. The

payment shall be based on the employee's rate of pay at retirement and eliminates all sick leave

Propos

ed

Ord. 2018-88

Page 2

credit accrued but unused by the employee at the time the payment is made. The increased

percentages allowed herein shall take into account only years of service with the City. An

eligible employee shall apply for payment of accumulated sick leave from the appointing

authority within 120 days after eligibility therefor.

(g) In the case of the death of an employee while on the City payroll, if such

employee has ten or more years of cumulative public service in a political subdivision of the

State, accumulative sick leave shall be paid his or her personal representative in the same manner

as provided upon retirement above.

(h) Provisions of this section are not applicable to elected officials, members of

boards and commissions or Auxiliary Police.

(i) In December of each year, for any nonunion City employee who has

accumulated more than 960 hours of sick leave and has used fewer than five sick days during the

preceding twelve-month period, the City will, at the employee's option, buy back up to five sick

days so that the total number of sick days used or paid for that period equals five. In other

words, the following schedule will apply for such employees:

Sick Days Used Sick Days City Will Buy

0 5

1 4

2 3

3 2

4 1

5 or more 0

The City will not buy back any sick days if the employee has used five or more sick days

during the twelve-month period. For any days paid under this program, the amount of sick leave

will be treated as used and will not be credited to the employee's accumulated sick leave.


relating to the adoption of this Ordinance have been taken at open meetings of this Council; and





for the immediate preservation of the health, safety and welfare of the residents of Lyndhurst for

the reason that it is necessary to enact said amendment immediately in order to comport with the

City’s Employee Handbook. It shall therefore take effect immediately upon passage by the

affirmative vote of not less then five (5) members elected to Council and approved by the Mayor

or otherwise at the earliest time allowed by law.

PASSED:

____________________________________

MAYOR

VICE-MAYOR

ATTEST:

Clerk of Council

Propos

ed

Ord. 2018-88

Page 3




weeks in a newspaper of general circulation in said City, on _____________and

_________________.

Clerk of Council

First Reading: __________________

Second Reading: ________________

Third Reading: _________________

Propos

ed



AN ORDINANCE DECLARING IMPROVEMENTS TO A CERTAIN

PARCEL OF REAL PROPERTY TO BE A PUBLIC PURPOSE,

DESCRIBING THE PUBLIC IMPROVEMENTS TO BE MADE TO

DIRECTLY BENEFIT SUCH PARCEL, REQUIRING THE OWNER OF

THE IMPROVEMENTS ON SUCH PARCEL TO MAKE SERVICE

PAYMENTS IN LIEU OF TAXES, ESTABLISHING A MUNICIPAL PUBLIC

IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE

DEPOSIT OF SUCH SERVICE PAYMENTS, AND RELATED

AUTHORIZATIONS PURSUANT TO OHIO REVISED CODE SECTIONS

5709.40, 5709.42 AND 5709.43; AND DECLARING AN EMERGENCY

WHEREAS, Ohio Revised Code Sections 5709.40, 5709.42 and 5709.43 (the “Act”) provide

that this Council may describe public improvements to be made which directly benefit certain parcels,

declare improvements with respect to such parcels of real property located in the City of Lyndhurst

(the “City”) to be a public purpose, thereby authorizing the exemption of those improvements from

real property taxation for a period of time, and provide for the making of service payments in lieu of

taxes by the owner of such parcels, and establish a municipal public improvement tax increment

equivalent fund into which such service payments shall be deposited; and

WHEREAS, the City expects the real property described in Exhibit A hereto to be developed

with commercial improvements (that area, as the parcels therein are consolidated or subdivided, is

hereinafter referred to as the “Property,” excluding the portions thereof to be part of public streets and

other public improvements otherwise exempt from property taxation for their governmental use); and

WHEREAS, to improve the flow of vehicular and pedestrian traffic and to provide other

public improvements in and around the Property, this Council desires to cause the construction of the

public infrastructure improvements described in Exhibit B hereto (the “Public Improvements”) that

once made will directly benefit the Property; and

WHEREAS, the City has determined that it is necessary and appropriate and in the best

interests of the City to provide for service payments in lieu of taxes with respect to the Property

pursuant to Section 5709.42 of the Ohio Revised Code to pay costs of the Public Improvements (the

“Service Payments”); and

WHEREAS, the South Euclid Lyndhurst City School District has been notified of this

Ordinance consistent with Revised Code Section 5709.83;

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LYNDHURST, COUNTY

OF CUYAHOGA, OHIO, THAT:

SECTION 1. Public Improvements. The Public Improvements described in Exhibit B

hereto intended to be made or caused to be made by the City are hereby designated as those Public

Improvements that directly benefit, or that once made will directly benefit, the Property and are hereby

determined to be necessary for the development of the Property and for the public health, safety and

welfare.

SECTION 2. Property Tax Exemption. Pursuant to and in accordance with the provisions

of Ohio Revised Code Section 5709.40, and, in particular, Section 5709.40(B), this Council hereby

finds and determines that 100% of the increase in the assessed value of the Property that would first

appear on the tax list and duplicate of real and public utility property after the effective date of this

Ordinance (which increase in assessed value is herein referred to as the “Improvement” or

“Improvements” as defined in said Section 5709.40) is a public purpose, and 100% of said

Improvement is hereby declared to be a public purpose for a period of 30 years and exempt from

taxation commencing with tax year 2019 and ending on the earlier of (1) the date the Improvements

have been exempted from taxation for a period of 30 years or (2) the date on which the City has

collected into the Fund established in Section 4 hereof a total amount of payments in lieu of taxes

available for and sufficient to pay the costs provided in Section 4 hereof.

Propos

ed

SECTION 3. Service Payments. As provided in Section 5709.42 of the Revised Code,

the owner or owners of the Improvement are hereby required to and shall pay the Service Payments

to the County Treasurer on or before the final dates for payment of real property taxes, which Service

Payments shall be deposited in The Avenue Public Improvement Tax Increment Equivalent Fund

established in Section 4 hereof. In accordance with Ohio Revised Code Section 5709.42, the City

requests that the County Fiscal Officer distribute a portion of the Service Payments directly to the

South Euclid Lyndhurst City School District in an amount equal to the property tax payments the

School District would have received from the portion of the Improvements exempted from taxation,

had such Improvements not been exempted from taxation. This Council authorizes the Mayor,

Director of Finance, and Director of Law, and other appropriate officials of the City, to provide such

information and certifications, and execute and deliver or accept delivery of such instruments, as are

necessary and incidental to collect those Service Payments, and to make such arrangements as are

necessary and proper for payment of the Service Payments.

SECTION 4. Tax Increment Equivalent Fund. This Council hereby establishes pursuant

to and in accordance with the provisions of Section 5709.43 of the Ohio Revised Code, the City Area

Public Improvement Tax Increment Equivalent Fund (the “Fund”), into which shall be deposited all

of the Service Payments and any associated rollback payments and related interest and penalty

payments distributed to the City with respect to the Improvements on the Property (and not owed to

the School District as provided in Section 3 hereof), by or on behalf of the County Fiscal Officer as

provided in Section 5709.42 of the Ohio Revised Code, and hereby provides that all of the moneys

deposited in the Fund shall be used for any or all of the following purposes:

(i) to pay any and all planning, engineering, acquisition, construction, installation,

financing costs, and any and all other direct and indirect costs of the Public

Improvements, including those costs set forth in Ohio Revised Code Section

133.15(B);

(ii) to pay the interest on and principal of bonds or notes, and premium, if any, including

refunding or additional bonds or notes or other obligations issued or loans entered into

by the City, or other governmental entity to finance costs of the Public Improvements

until such notes or bonds or other obligations or loans are paid in full, and to pay

trustee and other costs related to servicing the obligations and providing and

replenishing a reserve fund and to pay costs charged by the issuer of the obligations;

and

(iii) to reimburse the City, the State of Ohio or other governmental entity, or a private

entity under contract with the City, for any funds used to pay costs of the Public

Improvements, or to pay interest, principal, or premium, and related costs on any of

the aforesaid notes, bonds, loans or other obligations, prior to receipt of Service

Payments.

The Fund shall remain in existence so long as the Service Payments are collected and used

for the aforesaid purposes, after which said Fund shall be dissolved in accordance with said Section

5709.43.

SECTION 5. Filing and Reporting to State. Pursuant to Section 5709.40 of the Ohio

Revised Code, the Clerk of Council is hereby directed to deliver a copy of this Ordinance to the

Director of the Development Services Agency of the State of Ohio within fifteen days after its

passage. On or before March 31 of each year that the exemption set forth in Section 2 hereof remains

in effect, the Director of Finance or other appropriate City official shall prepare and submit to the

Director of the Development Services Agency the status report required under Section 5709.40 of the

Ohio Revised Code.

SECTION 6. Compliance with Open Meeting Requirements. This Council finds and

determines that all formal actions of this Council and of any of its committees concerning and relating

to the passage of this Ordinance were taken in an open meeting of this Council or committees, and

that all deliberations of this Council and of any committees that resulted in those formal actions were

in meetings open to the public in compliance with the law.

Propos

ed

SECTION 7. Captions and Headings. The captions and headings in this Ordinance are

solely for convenience of reference and in no way define, limit or describe the scope or intent of

any Sections, subsections, paragraphs, subparagraphs or clauses hereof. Reference to a Section

means a section of this Ordinance unless otherwise indicated.

SECTION 8. Declaration of Emergency; Effective Date. This Ordinance is declared to

be an emergency measure necessary for the immediate preservation of the public peace, health and

safety of the City, and for the further reason that this Ordinance is required to be immediately effective

in order to enable the City to provide for the construction of needed Public Improvements; wherefore,

this Ordinance shall be in full force and effect immediately upon its passage by the affirmative vote

of not less than five (5) members elected to Council, and approval by the Mayor, or otherwise at the

earliest time allowed by law.

PASSED:

MAYOR

VICE MAYOR

ATTEST:

Clerk of Council

I, the undersigned Clerk of Council of the City of Lyndhurst, hereby certify that there is no

newspaper published or having an office of publication in said City, and that I published the foregoing

Ordinance by advertising the same by title on one day in each of two consecutive weeks in a

newspaper of general circulation in said City, on ___________, 2018 and , 2018.

Clerk of Council

First Reading:

Second Reading:

Third Reading:

Propos

ed

ordinance no. 2018-79 introduced by: councilmembers … · 05/11/2018 · that have been...

Documents