ORDINANCES AND RESOLUTIONS PASSED BY COUNCIL NOVEMBER 18, 2009

ORDINANCES

200901355 Ord. No. 0327-2009

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/7/2009, authorizing the grant of a permanent easement within Nassau Street to Majed Hajjar for constructing and maintaining a retaining wall and patio, which interest is not adverse to the interest retained by the City. (APPROVED BY CITY PLANNING COMMISSION ON 11/6/2009)

200901479 Ord. No. 0328-2009

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer and appropriation of the sum of $15,282.85 from the unappropriated surplus of Other City Deposits Fund 638 to capital improvement program project account Capital Arts Project '04 (980x162x02935), in order to comply with motions approved by City Council directing the City Administration to transfer unused Capital Arts Project '04 project account.

200901460 Ord. No. 0329-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/28/2009, authorizing the City Manager to apply for and accept four (4) grants for a total of approximately $6,496,320.00 from the U.S. Department of Housing and Urban Development for the purpose of funding the 2009 Shelter Plus Care Program.

200901494 Ord. No. 0330-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the Department of City Planning to solicit and accept donations of money, in-kind contributions, and other items of value, for use in hosting the 2010 City of Cincinnati Neighborhood Summit, scheduled for February 26 and 27, 2010 at the Cintas Center at Xavier University.

200901515 Ord. No. 0331-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer and return of the sum of $300,000 from Capital Improvement Program project account 980x162x03178, "HOME Match," to Income Tax Permanent Improvement Fund 758; AUTHORIZING the transfer and return of the sum of $52,512 from Capital Improvement Program project account 980x162x03562, "Strategic Housing Initiatives Program '09," to Income Tax Permanent Improvement Fund 758; and further AUTHORIZING the transfer of $352,512 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 to the unappropriated surplus of the HOME Investment Partnership Fund 411 for the purpose of complying with the City?s agreement with the U.S. Department of Housing and Urban Development ("HUD") related to findings from the first of three audits performed by the HUD Office of Inspector General.

200901519 Ord. No. 0332-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer and appropriation of the sum of $165,000 from various HOME Investment Trust project accounts to HOME Investment Trust project account no. 411x162x99030, "Tap/Permit Fee Assistance '09", according to the attached schedule of transfer, for the purpose of providing funding to Habitat for Humanity to assist with the costs of providing homeownership opportunities to low income homebuyers.

200901520 Ord. No. 0333-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer and appropriation of the sum of $100,000 from various HOME Investment Trust project accounts to the HOME Investment Trust project account no. 411x162x99500, "American Dream Downpayment Initiative '09", according to the attached schedule of transfer, for the purpose of providing funding for down payment and closing cost assistance to low and moderate income homebuyers.

200901537 Ord. No. 0334-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/16/2009, amending Ordinance No. 71-2008 by expanding the permissible uses and sources of funding the Fund 389, "Communications and Marketing Activities" to include contributions made to further economic development in the City of Cincinnati; and further AUTHORIZING the transfer and appropriation of the sum of $115,000.00 from the unappropriated surplus of Fund 424, "Cable Communications," to Fund 389, "Communications and Marketing Activities," for the purpose of funding economic development in the City of Cincinnati.

200901489 Ord. No. 0335-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the City Manager to execute a funding agreement with MC3 GROUP, LTD. in order to assist in the construction of market rate housing; DECLARING that the housing is a permanent improvement; and DECLARING that assisting the construction of the housing is a public purpose.

200901499 Ord. No. 0336-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the City of Cincinnati Board of Health to apply for, accept and appropriate grant funding in the amount of $328,700.88 from a contract between the Hamilton County General Health District and the City of Cincinnati Board of Health as part of grant funding that Hamilton County will receive from the State of Ohio, Department of Health's Public Health Emergency Response (PHER) project for the purpose of providing planning, immunizations and investigations to protect the residents of the Cincinnati Health District jurisdiction from the H1N1 pandemic.

200901557 Ord. No. 0337-2009

ORDINANCE, (EMERGENCY) submitted by Councilmember Cole, dated 11/17/2009, AUTHORIZING the Southwest Ohio Regional Transit Authority (SORTA) to implement fare increases on Metro services, as hereafter set forth due to SORTA's 2010 budget shortfall.

200901501 Ord. No. 0338-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the appropriation of $40,391,660 from the unappropriated surplus of Income Tax - Transit Fund (759) to operating account 759x080x7200 for the purpose of providing for the current expenses of the Southwest Ohio Regional Transit Authority (SORTA) for the calendar year 2010.

200901504 Ord. No. 0339-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, establishing new capital improvement program project account no. 980x105x03677, "Red Bank & Madison CORF;" and further AUTHORIZING the appropriation of the sum of $3,000,000.00 into newly established capital improvement program project account no. 980x105x03677 for the purpose of providing funding for the clean-up of environmental contamination, demolition of buildings and other eligible uses at the Development at Red Bank and Madison site in Madisonville.

200901514 Ord. No. 0340-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, approving and authorizing the execution of a Community Reinvestment Area LEED Tax Exemption Agreement with RBM Development Company, LLC, thereby authorizing real property tax exemption for a period of fifteen years in connection with the construction of an 132,000 square-foot office building to Leadership in Energy and Environmental Design Certified, Silver, Gold or Platinum standards, as defined by the U.S. Green Building Council located at 4820 Red Bank Road, Cincinnati Ohio 45212, at an estimated cost of $15,000,000.00 in the City of Cincinnati Community Reinvestment Area.

200901516 Ord. No. 0341-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer of the sum of $460,020 within the General Fund from and to various operating accounts for the purpose of realigning and providing funds for the ongoing needs of City departments.

200901517 Ord. No. 0342-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer of the sum of $1,774,790.00 within the General Fund, from and to various operating accounts according to the attached schedule of transfers for the purpose of realigning and providing funds for the ongoing needs of city departments.

200901518 Ord. No. 0343-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer of the sum of $1,678,720 from various restricted fund accounts to other restricted fund accounts for the purpose of realigning and providing funds for the continuation of City services, and appropriating certain amounts from the unappropriated surplus for current year operating expenses.

200901521 Ord. No. 0344-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer and appropriation of the sum of $1.0 million from the unappropriated surplus of the Stormwater Management Utility Fund 107 to the Duck Creek Flood Protection '04 Capital Improvement Program project account no. 980x410x02985, in order to purchase property, acquire easement rights, and pay for other miscellaneous services for Phase IVC of the Duck Creek Flood Protection project according to the terms of Amendment II of the Project Cooperative Agreement that the City of Cincinnati signed on September 15, 2004 with the United State Army Corps of Engineers, which funds will subsequently be repaid in full by the United States Army Corps of Engineers pursuant to the Project Cooperative Agreement.

200901522 Ord. No. 0345-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the City Manager to apply for, accept and appropriate a grant in the approximate amount of $500,000.00 from the United States Environmental Protection Agency ("U.S. EPA") Climate Showcase Communities grant program which will be used for the purpose of supporting advocacy and outreach efforts to implement the Green Cincinnati Plan.

200901523 Ord. No. 0346-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing the transfer of the sum of $19,707,830 from the unappropriated surplus of Bond Retirement Fund 151 to operating account 151x134x7700 for the purpose of repaying short-term bond anticipation notes that mature on November 30 and December 1, 2009.

200901540 Ord. No. 0347-2009

ORDINANCE, submitted by Mayor Mallory from Milton Dohoney, Jr., City Manager, on 10/28/2009, AMENDING Sections 321-5, 321-13, 321-15, 321-17 and 321-137 of Chapter 321 of the Cincinnati Municipal Code, "Procurement and Disposal of Supplies, Services and Construction," to promote economic development in the City of Cincinnati by encouraging the increased participation of small businesses in City contracts.

200901480 Ord. No. 0348-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing and directing the City Manager to establish the terms and conditions for the presentation of fireworks on Fountain Square for "Downtown Dazzle" from approximately 7:00 p.m. until approximately 7:15 p.m. on December 5, 2009, December 12, 2009, and December 19, 2009; and further AUTHORIZING and DIRECTING the City Manager to take such actions as are necessary and proper to implement the presentation of such fireworks presentations notwithstanding the provisions of Chapter 708, Chapter 713, Section 910-7, Chapter 1213, and any other provisions of the Cincinnati Municipal Code and the Rules and Regulations for the Use of Fountain Square which would prohibit or inhibit programs deemed proper by the City Manager in the presentation of such fireworks.

200901481 Ord. No. 0349-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing and directing the City Manager to establish the terms and conditions for the presentation of fireworks on Fountain Square from 12:00 a.m. until 12:15 a.m. on January 1, 2009; AUTHORIZING and directing the City Manager to take such actions as are necessary and proper to implement the presentation of such fireworks notwithstanding the provisions of Chapter 708, Chapter 713, Section 910-7, Chapter 1213, and any other provisions of the Cincinnati Municipal Code and the Rules and Regulations for the Use of Fountain Square which would prohibit or inhibit programs deemed proper by the City Manager in the presentation of such fireworks; and AUTHORIZING the City Manager or his designee to authorize the issuance of a permit allowing amplification of sound on Fountain Square from 8:00 p.m. on December 31, 2009 until 1:00 a.m. January 1, 2010.

200901487 Ord. No. 0350-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing and directing the City Manager to establish terms and conditions for presentation of "Light Up the Square" by Macy's, Procter & Gamble, Toyota, and Cincinnati Bell on Fountain Square, on Friday, November 27, 2009, from 6:00 p.m. to 8:00 p.m.; and further AUTHORIZING and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "Light Up the Square," notwithstanding the provisions of Chapter 708, Chapter 713, Section 910-7, Chapter 1213, and any other provisions of the Cincinnati Municipal Code and the Rules and Regulations for the Use of Fountain Square which would prohibit or inhibit programs deemed proper by the City Manager in the presentation of such fireworks.

200901488 Ord. No. 0351-2009

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/12/2009, authorizing and directing the City Manager to establish the terms and conditions for the presentation of fireworks on Fountain Square for "Polar Explosion" sponsored by Light Borne and Rozzi's Famous Fireworks on Fountain Square from 6:30 p.m. until 7:00 p.m. on Saturday, November 28, 2009, with a fireworks presentation at approximately 6:45 p.m.; and further AUTHORIZING and DIRECTING the City Manager to take such actions as are necessary and proper to implement the presentation of such fireworks presentation notwithstanding the provisions of Chapter 708, Chapter 713, Section 910-7, Chapter 1213, and any other provisions of the Cincinnati Municipal Code and the Rules and Regulations for the Use of Fountain Square which would prohibit or inhibit programs deemed proper by the City Manager in the presentation of such fireworks.

200901559 Ord. No. 0352-2009

ORDINANCE, (EMERGENCY) submitted by Councilmember Qualls dated 11/18/2009, AUTHORIZING the transfer of the sum of $3,400 from General Fund 050 non-personnel account no. 050x029x7200 to General Fund 050 personnel account no. 050x029x7100 for the purpose of adjusting the office budget of Councilmember Roxanne Qualls.

RESOLUTIONS

200901560 Res. No. 0053-2009

RESOLUTION, dated 11/18/2009 submitted by Councilmember Qualls, URGING the Ohio Department of Transportation (ODOT) to immediately provide additional discretionary funding to the Southwest Ohio Regional Transit Authority (SORTA) for the purpose of avoiding public transit service reductions and fare increases in the Greater Cincinnati region.

200901561 Res. No. 0054-2009

RESOLUTION, dated 11/18/2009 submitted by Councilmember Qualls, URGING the Ohio-Kentucky-Indiana Regional Council of Governments (OKI) to immediately provide additional discretionary funding to the Southwest Ohio Regional Transit Authority (SORTA) for the purpose of avoiding public transit service reductions and fare increases in the Greater Cincinnati region.