Ordinance -2017 ORDINANCE TO ENACT CHAPTER 734 OF THE

Ordinance _____-2017

ORDINANCE TO ENACT CHAPTER 734 OF THE CODIFIED ORDINANCES OF THE CITY OF PAINESVILLE, OHIO PERTAINING TO ICE CREAM SALES VEHICLES/CARTS WITHIN THE CITY OF PAINESVILE, PROVIDING FOR LICENSING PROCEDURES AND ESTABLISHING VIOLATIONS, AND DECLARING AN EMERGENCY

WHEREAS, the City Council of the City of Painesville, Ohio has determined it is necessary to update the Business Regulations to include the ice cream sales vehicles/carts; and

WHEREAS, it is appropriate to establish reasonable regulations to govern ice

cream sales vehicles/carts in the City of Painesville, Ohio in an effort to provide reasonable opportunities to operate within the City; and

WHEREAS, the City further finds that such regulations are needed in order to

protect the public health, safety and welfare.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PAINESVILLE, OHIO AS FOLLOWS: Section I. That Chapter 734 of the Codified Ordinances is hereby enacted as follows:

734.01 General Purpose

The general purpose of the ordinance is to allow vending from ice cream sales vehicles/carts under the conditions set forth in this Chapter.

734.02 Definitions. As used in this chapter, the following terms shall have the meaning indicated: (a) ICE CREAM - All frozen desserts of any kind, including, but not limited to, ice

cream, ice milk, popsicles or ice sherbets. (b) ICE CREAM SALES VEHICLES/CARTS - Every device in, upon or by which any

person or property is or may be drawn upon a public street or sidewalk in which ice cream, ice milk, popsicles, ice sherbets or frozen desserts of any kind are carried for purposes of retail sales. (c) MOTOR VEHICLE - Every vehicle which is self-propelled.

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(d) VEHICLE - Every device in, upon or by which any person or property is or may be transported or drawn on a street, sidewalk or alley. (e) VEND or VENDING - Offering ice cream, ice milk, popsicles, ice sherbets or frozen

desserts of any kind from a vehicle on the streets or sidewalks of the City for retail sale. (f) VENDOR - Any individual who vends.

734.03 Vendor's and Sales Vehicle Licenses Required. (a) No person shall engage in the retail sale of ice cream from any vehicle within the

City without having first obtained a license therefor. This license is hereinafter called an "ice cream vendor's license."

(b) No person shall, as a principal, allow a vehicle to be used for the retail sale of ice cream on the streets and public areas of the City without having first obtained a license therefor. This license is hereinafter called an "ice cream sales vehicle license."

(c) All licenses issued by the City allowing for the sale of ice cream from vehicles shall contain a clause prohibiting the assignment or transfer of the license.

(d) All vehicular licenses shall be prominently displayed and affixed to the vehicle. All vendor licenses shall be worn by the vendor at all times while vending.

(e) All licenses granted under this section shall expire on the last day of the calendar year following their issuance.

734.04 Vendor's License Application; Fee; Investigations; Transferability; Suspension and Revocation. (a) Each individual desiring to engage in the business of selling ice cream as a vendor shall make a written application therefor to the Community Development Department on a form provided by the Community Development Department. Said form shall contain the following:

(1) The full name, permanent address, telephone number, electronic e-mail address, date of birth, and driver’s license number of the applicant. (2) The name, name, permanent address, telephone number, electronic e-mail address, date of birth, and business license number of the firm or corporation for whom or which the applicant is employed in the retail sale of ice cream. (3) The type of vehicle to be operated by the applicant and pictures; if it is a motor vehicle, the applicant shall provide a copy of a valid driver's license. (4) Proof of liability insurance coverage in the amount approved by the City Manager, with the City of Painesville named as an additional insured.

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(5) Proof of Ohio Department of Taxation Itinerant Vendor’s License, if required (when required). (6) Proof that the applicant is current and compliant in the payment of any City of Painesville taxes on payroll and net profits at the time such proof is submitted; or if the applicant is not current and compliant in the payment of any City of Painesville taxes on payroll and net profits, that that the applicant has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement at the time such proof is submitted. (7) Affirmation that, upon issuance of a permit, the applicant will provide to the Community Development Department written documentation of any change in the information required by this Chapter, as well as written documentation of any modification, damage, destruction, or decommissioning of the unit, within thirty (30) calendar days of any such change. (8) Proof of a City income tax filing number or exemption from the City of Painesville tax provided by the Regional Income Tax Agency (RITA). (9) Ice cream vendors must be licensed and equipped in accordance with the rules and regulations of all local, state, and federal agencies having jurisdiction over such vehicles. (10) A listing of all criminal convictions of the applicant within the last two years, and all earlier felony convictions. (11) An affidavit that the information contained in the application is accurate and correct.

(b). Each individual shall pay to the City Manager or designee a $100.00 application fee at the time the application is made. A portion of the fee shall be used to conduct a criminal background investigation. In the event that the application is rejected under Subsection C, thereof, the portion of the fee not used for the criminal background investigation shall be refunded. (c). If the applicant is to operate a motor vehicle, the Chief of Police shall cause an investigation to be made into the driving record of the applicant. The Chief shall report the findings of his or her investigation to the City Manager or designee, who may, if finding the applicant not to be a safe and competent driver based on said driving record, deny the application. (d). Each license issued shall not be transferable or assignable and shall not be valid for more than one year. (e). Ice cream vendor's permit may be suspended by the Chief of Police upon a subsequent conviction of the vendor of a criminal offense, a violation or suspected violation of this chapter or suspicion of fraud in obtaining a permit under this chapter. A permit may be revoked by the Community Development Department for the same

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causes as above specified for suspension, after giving the vendor reasonable notice and an opportunity to be heard.

734.05 Vehicle Permit Application; Fees. (a) Each person, firm or corporation owning or leasing a vehicle from which the retail sale of ice cream will be made shall file an application with the City Manager’s Office or designee on a form provided by the City Manager or designee. Said form shall contain the following: (1) The full name, permanent address and local address of the applicant. (2) The name of the business entity which the applicant represents. (3) The type of vehicle which this permit will cover, and the motor vehicle registration number or bicycle or cart permit number thereof. B. If the vehicle is classified as a motor vehicle, the applicant shall also provide the City Manager or designee with the following: (1) The report of an inspection made by the Painesville Police Department. (2) A certificate of insurance showing that the applicant is carrying the following minimum amount of insurance: a combined single limit of $500,000 for public liability and property damage for injuries, including those resulting in death from any one occurrence and on account of any one accident, and property damage insurance for damages on account of any one accident or occurrence. Certificates shall contain an agreement signed by the insurance company that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City Manager or designee by the insurance company. C. The applicant shall pay a $50.00 permit fee per vehicle as established by this Ordinance.

734.06 Vending Restrictions Generally.

A. No person shall vend before 10:00 a.m. or after 9:00 p.m. or sunset, whichever comes first.

B. No person shall use bells, amplified music or other audible devices to vend before 11:00 a.m. or between the hours of 5:00 p.m. and 6:00 p.m.

C. No person shall vend unless the ice cream truck is lawfully parked or stopped. D. No person shall vend except from the side of the truck away from moving traffic and

as near as possible to the curb or edge of the street. E. No person shall vend to a person standing in the roadway. F. No person shall stop on the left side of a one-way street to vend. G. No driver of an ice cream truck shall back up or reverse the vehicle to make or attempt a sale.

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H. Stop within twenty (20) feet of an intersection or double park when attempting a sale or when making a sale; I. No driver shall play music or bells in excess of that allowed under Chapter 539 of the Painesville Codified Ordinances.

734.07 Restricted Area. A. No person shall engage in the retail sale of ice cream from a vehicle on any of the

following streets: Jackson Street, Richmond Street, Mentor Avenue, Walnut Street, State Street, Bank Street, Chestnut Street and East Erie Street.

B. In the Central Business District, the prohibitions on places of sale may be waived for a maximum of four days if approved by the City Manager or designee.

C. Whenever such a waiver is made, other requirements may be established by the Community Development Department to protect the health, safety and welfare of the City.

734.08 Unauthorized Riders Prohibited. A. The driver of an ice cream truck shall not permit any unauthorized person to ride in

or on the vehicle. B. No person shall ride in or on an ice cream truck, unless he or she is employed by its

owner or unless he or she is authorized, in writing, to do so by the owner or the Police Department. Additional persons shall be required to pay the fee to obtain a criminal background check as specified in 734.03 b.

734.09 Equipment Requirements for Ice Cream Trucks. In addition to other equipment required by law, every motor vehicle/cart used as an ice

cream truck shall be equipped with: A. Signal lamps mounted at the same level and as high and as widely spaced laterally

as practicable. These lamps shall be five to seven inches in diameter and shall display two alternately flashing amber lights on the front of the vehicle and two alternately flashing red lights on the rear of the vehicle, both lights visible at 500 feet in normal sunlight upon a straight level street.

B. A convex mirror mounted on the front so that the driver, in his or her normal seating position, can see the area in front of the truck which is otherwise obscured by the hood.

C. Each side of the vehicle must be marked, in letters and numbers, at least three inches in height, with the name and address of the registered ice cream vendor or his or her principal.

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734.10 Use of Special Lights on Ice Cream Trucks. A. The driver of an ice cream truck stopped on the streets for the purpose of vending

shall actuate the special flashing lights required by 734.08. B. These lights shall not be used when the truck is in motion or at any time the truck is

stopped for a purpose other than vending.

734.11 Effect of Chapter on Health and Traffic Laws. A. Nothing contained in this chapter shall be construed as usurping the authority of the

Lake County General Health Department or any other entity governing the wholesomeness of food.

B. The possession of a permit issued under this chapter does not give the vendor the authority to violate any traffic law, ordinance or regulation.

734.99 Penalty. A. A violation of any section of this Chapter shall be deemed a criminal violation as follows:

1) Whoever violates Section 734.04 or 734.05 shall be guilty of a misdemeanor of the first degree. Any such violation shall constitute a separate offense on each successive day continued. Strict liability is intended to be imposed for a violation of this section. 2) Whoever violates Section 734 shall be guilty of a minor misdemeanor. Strict liability is intended to be imposed for a violation of this section. 3) A violation of any section of Chapter 734 may be grounds for suspension, revocation or permanent revocation of the Ice Cream Sales Vehicles/Carts permit or in the case of a new application may be grounds to refuse to issue such permit for a determinate period of time up to ninety (90) days or permanently, in addition to any other penalties established for such violation in applicable section of the City of Painesville Codes.

Section II. That this Ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the proposed change is necessary to allow regulations to be put into place to regulate ice cream sales vehicles/carts within the City limits, and therefore, this Ordinance shall become effective immediately upon its passage.

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PASSED:

_________________________________ Paul W. Hach, II President of Council ATTEST: __________________________________ Valerie Vargo Clerk of Council

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ORDINANCE NO.

AN ORDINANCE TO ENACT CHAPTER 733 OF THE CODIFIED ORDINANCES OF THE CITY OF PAINESVILLE, OHIO PERTAINING TO FOOD TRUCK STANDARDS and DECLARING AN EMERGENCY.

WHEREAS, the Council of the City of Painesville, Ohio, has determined that it is necessary to update the Codified Ordinances pertaining to food truck standards of the City of Painesville.

NOW, THEREFORE, BE IT ORDAINED that the Council of the City of Painesville, Lake County, Ohio hereby enacts the following provisions pertaining to the vending and sale of food and related products within the City of Painesville.

Section I. That Chapter 733 of the Codified Ordinances is hereby enacted as follows:

733.01 PURPOSE AND INTENT.

The purpose of this ordinance is to promote and protect the public safety, convenience, comfort, prosperity, and general welfare by regulating food truck activities throughout the City of Painesville under the conditions set forth in this Chapter.

733.02 DEFINITIONS.

(a) "Event Holder" means a person, group, or organization responsible for the hosting or operation of a Permitted Event.

(b) "Food" shall mean a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

(c) "Food Service Operation" means, for the purposes of a mobile food vending permit, a place, location, site, or separate area where food intended to be served in individual portions is prepared or served for a charge or required donation. As used in this division, "served" means a response made to an order for one or more individual portions of food in a form that is edible without washing, cooking, or additional preparation and "prepared" means any action that affects a food other than receiving or maintaining it at the temperature at which it was received.

(d) "Food Truck" means a motorized vehicle or mobile food unit which is temporarily located on a premise to sell food items to the general public.

(e) "Health License" means an official document issued by a department of health pursuant to Section 3701 of the Ohio Revised Code. Such document shall be an annual health license.

(f) "Ice Cream Truck" means motor vehicles from which ice cream, popsicles, ice sherbets, frozen desserts, or other similar items are sold.

(g) "Licensing Period" means the calendar year and all licenses granted under this section shall expire on the last day of the calendar year following their issuance.

(h) "Mobile Food Vending Permit" means an official document issued by the Community Development Department authorizing operation of a mobile food vending unit within the corporate limits of the City of Painesville.

(i) "Mobile Food Vending Unit" means a food service operation or retail food establishment that is operated from a food truck. For the purpose of a mobile food vending permit, "mobile food vending unit" excludes food delivery operations and vending machines, as defined in Ohio Revise Code 3717.01 (L).

(j) "Mobile Food Vendor" means every corporation, association, joint stock association, person, firm or partnership, their lessees, directors, receivers, trustees, appointees by any court whatsoever, or the heirs, executors, administrators, or personal representatives or assignees of any deceased owner, owning, controlling, operating or managing any mobile food vending unit.

(k) "Non-Incorporated Children's Stands" shall mean a non-incorporated business that is commonly owned and operated by a child or children to sell lemonade or other beverages (e.g. iced tea, coffee, hot chocolate, etc.) and snack foods (e.g. cookies, etc.)

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(I) "Operator" means the individual who manages one (1) or more mobile food vending units whether as the owner, an employee of the owner or as an independent contractor.

(m) "Permanently revoke" means to terminate all rights and privileges under a mobile food vending permit for a period of ninety (90) days or greater and to render the holder of the permit ineligible to reapply for said permit.

(n) "Permitted Events" means events as approved by the City Manager under Section 735.11(e).

(o) "Public Event" means any public activity or gathering or assemblage of people, other than a special event, that is open to the general public and requires the issuance of a health license or temporary health license pursuant to Ohio Revised Code 3717.01 for participating mobile food vendors. "Public event" includes, by way of example and not by way of limitation, a sporting event at an arena or stadium, a state fair, a concert, or a theatre production.

(p) "Revoke" means to terminate all rights or privileges under a mobile food vending permit for a period not to exceed ninety (90) days after which the individual must reapply for a permit.

(q) "Special Event" means any activity or gathering or assemblage of people upon public property or in the public right-of-way for which a street closure, race event, parade permit, community market, or other like permit has been issued by the City of Painesville.

(r) "Suspend" means to temporarily deprive a permittee of rights or privileges under a permit for a period not to exceed ninety (90) days.

(s) 'Vending" shall mean the sale of food to a person who is the ultimate consumer. Such sales do not include those from a vending machine, as defined in Ohio Revised Code 3717.01 (L).

733.03 PERMIT REQUIRED FOR OPERATION.

(a) No individual or organization shall operate, or cause to be operated, any mobile food vending unit within the corporate limits of the City of Painesville without a current and valid Mobile Food Vending Permit and applicable health license issued in accordance with laws, rules and regulations established in the Ohio Revised Code, the Ohio Administrative Code, or the City of Painesville Codes, whichever is applicable.

(b) Mobile Food Vending units, to be located on private property, that only operate as part of a special event or public event shall not require a mobile food vending permit. Such units must comply with any health licensing requirements of the State of Ohio.

(c) Nothing in this chapter shall be construed as superseding, supplanting, or otherwise replacing any duty imposed by Ohio Revised Code Chapter 3701 or 3717, or rules or regulations promulgated thereunder, upon an application for a health license, or upon a department of health in the conduct of its responsibilities relative to mobile food vending units.

733.04 APPLICATION FOR PERMIT.

(a) An application for a Mobile Food Vending permit must be submitted by the owner of the unit or owner of the business to the City of Painesville Community Development Department. A separate application must be submitted for each unit. Application for a Mobile Food Vending permit shall be on a form prescribed by the Community Development Department and shall substantially comply with subsection (b) of this section.

(b) Application for a Mobile Food Vending permit shall be made under oath and shall contain the following information and/or material:

1. Name, permanent address, telephone number, electronic mail address, date of birth, and driver's license number of the mobile food vending unit owner;

2. Business name or DBA, permanent address, and telephone number, if different from the owner information;

3. Proof of Ohio Department of Taxation Itinerant Vendors License, if required; (when required)

4. A physical description of the unit proposed to be licensed for mobile food vending;

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5. Current and valid state vehicle registration information for the unit proposed to be permitted for mobile food vending;

6. A certificate of insurance showing that the applicant is carrying the following minimum amount of insurance: a combined single limit of $500,000 for public liability and property damage for injuries, including those resulting in death from any one occurrence and on account of any one accident, and property damage insurance for damages on account of any one accident or occurrence. Certificates shall contain an agreement signed by the insurance company that prior to modification, cancellation or termination of the subject policy, written notice shall be sent to the City Manager or designee by the insurance company.

7. Proof of a City of Painesville income tax filing number or exemption from the City of Painesville division of income tax through RITA;

8. Proof that the applicant is current and compliant in the payment of any City of Painesville taxes on payroll and net profits at the time such proof is submitted; or if the applicant is not current and compliant in the payment of any City of Painesville taxes on payroll and net projects, that the applicant has entered into an agreement to pay any delinquency and is abiding by the terms of the agreement at the time such proof is submitted;

9. Proof of a filing number or exemption from the Ohio Department of Taxation;

10. Affirmation that, upon issuance of a permit, the applicant will provide to the Community Development Department written documentation of any change in the information required by this chapter, as well as written documentation of any modification, damage, destruction, or decommissioning of the unit, within thirty (30) calendar days of any such change; and

11. Location of the proposed operation of business. If private property, letter of support from the property owner shall be submitted with the application.

12. Payment of a mobile food vending permit annual fee of $500.00. If a mobile food vending permit is applied for on or after August 15th of any calendar year the permit fee shall be prorated to $250.00.

(c) The Community Development Department must examine all applications for a Mobile Food Vending permit under this chapter and make, or cause to be made, any further investigation into the application as is deemed necessary in order to make a timely determination regarding the application.

(d) The Community Development Department shall provide a written determination to each applicant. If a complete application for a mobile food vending permit is not approved, any reason(s) for that determination must be provided to each applicant in writing.

733.05 OPERATING REQUIREMENTS.

(a) Mobile Food Trucks shall obtain all applicable approvals and permits, and shall follow all applicable processes as required by the City of Painesville and/or the Event Holder.

(b) Mobile Food Trucks shall comply with all local, state, and federal laws, regulations and ordinances.

(c) Mobile Food Trucks shall be permitted as follows:

1. Shall be permitted only within the commercial and industrial zoning districts:

2. Shall be located on a lot containing a principal building, must be parked on a hard surfaced area and the maximum number of food trucks per lot is limited as follows:

a. Maximum of 1 food truck on lots between one-quarter acre and 1 acres; and

b. Maximum of 2 food trucks on lots greater than 1 acre.

c. For purposes of the limitations in this Section, adjacent lots under common ownership shall be considered as a single lot.

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(d) Site requirements:

1. Shall be located at least 250 feet from the main entrance to any eating establishment or similar food service business, 250 feet from any outdoor dining area as measured from the designated location on the lot accommodating the food truck. In the event that one or more of the aforementioned uses locates within the minimum separation requirement subsequent to the food truck location being approved, the approved Mobile Food Truck may continue to operate at the approved location until the food truck permit has expired.

2. Shall be located at least 5 feet from the edge of any driveway or public sidewalk, utility boxes and vaults, handicapped ramp, building entrance, exit or emergency access/exit way, or emergency call box and must not locate within any area of the lot that impedes, endangers, or interferes with pedestrian or vehicular traffic. Food trucks must be located a minimum distance of 25 feet in all directions from any fire hydrant(s).

3. The Mobile Food Truck must not occupy parking spaces required to fulfill the minimum requirements of the principal use.

4. All parking required by the addition of the Mobile Food Truck to the property must be fulfilled on-site, must be hard surfaced, and must be in addition to any required parking spaces for the principal use, unless the principal use's hours of operation do not coincide with those of the food truck.

5. Associated seating must not occupy parking spaces required to fulfill the minimum requirements of the principal use, unless the principal use's hours of operation do not coincide with those of the food truck business.

6. Associated seating must not occupy parking spaces that may be leased to other businesses and used to fulfill their minimum parking requirements.

7. Associated seating must be removed from all permitted locations during impermissible house of operation and must not be stored, parked, or left overnight on any public street or sidewalk.

9. Associated seating areas must not occupy any handicap accessible parking spaces.

10. The Mobile Food Truck vendor is responsible for the proper disposal of waste and trash associated with the operation. City of Painesville trash receptacles shall not be used for this purpose. Vendors must remove all waste and trash from their approved location at the end of each day or as needed to maintain the health and safety of the public. The vendor must keep all areas within 5 feet of the truck and associated seating area clean of grease, trash, paper, cups, or cans associated with the vending operation.

11. No liquid waste or grease is to be disposed of in tree pits, storm drains or onto the sidewalks, streets, or other public space. Under no circumstances can grease be released or disposed of in the City of Painesville's sanitary sewer system.

12. No free-standing signage or audio amplification is allowed as part of the food trucks vending operation. Mobile food trucks are otherwise exempt from signage regulations in Painesville Codified Ordinance Chapter 1341.

13. Hours of operation are limited to the hours between 7:00 a.m. and 10:00 p.m. unless approved by the City Manager. Mobile food trucks are required to be removed from the premises during non-business hours.

14. Operator or their designee must be present at all times except in cases of an emergency.

(e) The following activities shall be exempted from the chapter within the City of Painesville:

1. Ice Cream Trucks; and

2. Non-Incorporated Children's Stands.

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733.06. SPECIAL EVENTS AND PUBLIC EVENTS, PERMITS NOT REQUIRED.

(a) No mobile food vending permit shall be required for any mobile food vending unit that operates exclusively as a subset of a City of Painesville approved Special Event, within the approved areas and time frames.

(b) No mobile food vending permit shall be issued within the right-of-way or on City of Painesville property, unless part of a Special Event.

733.07 OPERATION ON PRIVATE PROPERTY ONLY.

(a) Individuals or organizations shall be permitted to operate or cause to be operated any Mobile Food Vending Unit on private property within the corporate limits of the City of Painesville after meeting the permit and fee requirements of this chapter, unless otherwise exempted by this chapter.

(b) Operation of a Mobile Food Vending Unit on private property must be in compliance with all applicable zoning requirements related to commercial activity on private property.

733.08 EXPIRATION AND RENEWAL OF PERMIT.

(a) All licenses granted under this section shall expire on the last day of the calendar year following their issuance.

(b) Each permitee must comply with the application and inspection requirements of this chapter to receive a new permit for the succeeding permit period.

733.09 TRANSFER OF PERMIT PROHIBITED.

No Mobile Food Vending Permit issued under this chapter shall be transferred or assigned by the named permitee to any other individual or organization, or to any other Mobile Food Vending Unit. Should a change in ownership of a Mobile Food Vending Unit occur at any time, the succeeding owner must comply with the application, inspection, and fee requirements of this chapter.

733.10 PERMIT SUSPENSION, REVOCATION.

(a) Permits issued under this chapter may be suspended or revoked by the City of Painesville for one or more of the following reasons:

1. Fraud, misrepresentation or bribery in securing a permit or during the course of business; or

2. Violation of any provision of this chapter; or

3. Failure to display the Mobile Food Truck permit as issued; or

4. Failure to have valid permits or licenses required by the Lake County General Health Department or any other City of Painesville, state or federal agency; or

5. Conviction of any criminal or traffic offense while using a Food Cart or Mobile Food Truck or conviction of any criminal offense involving theft or fraud; or

6. For any of the reasons which could have been grounds for refusing to issue the original license; or

7. Knowingly allowing another person to use a Mobile Food Truck in violation of any provision of this chapter.

8. For other good cause at the discretion of the City Manager.

733.11 APPEALS.

Any individual or organization who has been refused a permit or renewal of a permit under this chapter or has had a permit issued under this chapter suspended or revoked, may appeal such decision shall have the right to appeal to the Safety Director of the City. An appeal shall be filed within thirty days after the receipt of notice of the decision.

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733.12 SEVERABILITY CLAUSE.

If any particular portion of this chapter is declared to be invalid by a court of competent jurisdiction, such declaration of invalidity shall be limited to the particular portion declared invalid. This declaration of invalidity shall not affect or impair the remainder of this chapter, and to this end, the provisions are severable.

733.13 PENALTY.

(a) A violation of any section of this chapter shall be deemed a criminal violation as follows:

1. Whoever violates Section 733.02 shall be guilty of a misdemeanor of the first degree. Any such violation shall constitute a separate offense on each successive day continued. Strict liability is intended to be imposed for a violation of this section.

2. Whoever violates any other section of Chapter 733 shall be guilty of a minor misdemeanor Strict liability is intended to be imposed for a violation of these sections.

3. A violation of any section of chapter 733 may be grounds for the suspension, revocation or permanent revocation of the Mobile Food Truck permit or in the case of a new application may be grounds to refuse to issue such permit for a determinate period of time up to ninety {90) days or permanently, in addition to any other penalties established for such violation in applicable section of the City of Painesville Codes.

Section II. That this Ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the proposed change is necessary to allow regulations to be put into place to regulate the mobile food truck industry within the city limits, and therefore this ordinance shall become effective immediately upon it, passage.

PASSED:

ATTEST: VALERIE VARGO PAUL W. HACH, II CLERK OF COUNCIL PRESIDENT OF COUNCIL

ORDINANCE NO. AN ORDINANCE AMENDING SECTION 735.11 OF THE PAINESVILLE CODE OF 1998 RELATING TO ROADSIDE STANDS AND SELLING ON STREET and DECLARING AN EMERGENCY.

SECTION I. That Section 735.11 of the Painesville Code of 1998 is hereby amended to read as follows:

735.11 ROADSIDE STANDS AND SELLING ON STREET PROHIBITED.

a) No person shall keep or maintain any outdoor display area or temporary structure within the City where flowers, vegetables, foodstuffs or any other items or commodities are kept, sold, or bartered.

b) For the purpose of this section, any motor vehicle or other type of vehicle or cart whether motor propelled or otherwise that parks or remains in, or at one location for the purpose of such activity defined in subsection (a) hereof, shall be considered a roadside stand and in violation of this section.

c) No person shall sell or offer to sell in, on or from the street, sidewalks or alleys within the City or from any motor vehicle or other type of vehicle or cart, whether motor- propelled or otherwise, located upon any street, sidewalk or alley within the City, any goods, services, merchandise, foodstuffs or other article or thing of any kind.

d) This provision shall not apply to: (1) Merchants having a retail establishment within the border of the City provided;

A. Registration has been issued pursuant to this chapter for each person and/or location.

B. The point of sale is not within 200 feet from a retail establishment offering exclusively the same product or service.

C. There is no obstruction to vehicular or pedestrian traffic flow as determined by the issuer of the permit.

(2) The owner of a product of his or her own raising or the manufacturer of any articles manufactured by him or her to vend or sell in any way, by himself or herself or his or her agent, any such article or produce on the land on which the product was raised or manufactured.

e) Special permission of the City Manager may be granted for a temporary period only, not to exceed four (4) days, when associated with a special event.

SECTION II. That this Ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety, and general welfare of the inhabitants of the City of Painesville, the emergency being the immediate necessity to address roadside stands and selling on street within the City of Painesville, and therefore, this Ordinance shall be effective immediately upon its passage.

PASSED:

PAUL HACH, JR. President of Council

ATTEST:

VALERIE VARGO Clerk of Council

1

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PAINESVILLE, LAKE COUNTY,OHIO:

OriginalSECTION I.

GENERAL GOVERNMENT:LEGISLATIVE:COUNCIL:FUNCTION NO. 111:

PERSONNEL SERVICES 10,048.00$ MATERIALS AND SUPPLIES 400.00$ SERVICES AND CHARGES 8,430.00$

111 TOTAL - COUNCIL: 18,878.00$

CLERK OF COUNCIL:FUNCTION NO. 112:


112 TOTAL - CLERK OF COUNCIL: 10,349.00$ 110 TOTAL - LEGISLATIVE: 29,227.00$

JUDICIAL - MUNICIPAL COURT:JUDICIAL ACTIVITIES:FUNCTION NO. 121:

PERSONNEL SERVICES 236,370.00$ 121 TOTAL - JUDICIAL ACTIVITIES: 236,370.00$

CLERK OF COURT:FUNCTION NO. 122:

PERSONNEL SERVICES 568,831.00$ SERVICES AND CHARGES 25,673.00$

122 TOTAL - CLERK OF COURT: 594,504.00$

PROBATION:FUNCTION NO. 123:

PERSONNEL SERVICES 196,749.00$ 123 TOTAL - PROBATION: 196,749.00$ 120 TOTAL - JUDICIAL - MUNICIPAL COURT: 1,027,623.00$

EXECUTIVE:CITY MANAGER:FUNCTION NO. 131:


131 TOTAL - CITY MANAGER: 61,352.00$

PROMOTIONS, COMMUNICATIONS AND PR ACTIVITY:FUNCTION NO. 133:


133 TOTAL - 11,708.00$

INFORMATION TECHNOLOGY:FUNCTION NO. 134:

SERVICES AND CHARGES 27,650.00$ 134 TOTAL - 27,650.00$ INFORMATION TECHNOLOGY:

That there be appropriated from the GENERAL FUND, FUND NO. 101:

PROMOTIONS, COMMUNICATIONS AND PR ACTIVITY:

ORDINANCE NO.

AN ORDINANCE TO MAKE APPROPRIATIONS FOR THE CURRENT EXPENSES AND EXPENDITURES OF THE CITY OF PAINESVILLE, STATE OF OHIO

FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018

AND DECLARING AN EMERGENCYAND ADOPTING THE OPERATING BUDGET,

2

GENERAL FUND (CONTINUED)GENERAL GOVERNMENT (CONTINUED)

HUMAN RESOURCES:FUNCTION NO. 135:


135 TOTAL - 64,316.00$

ECONOMIC DEVELOPMENT:FUNCTION NO. 137:


137 TOTAL - 38,790.00$ 130 TOTAL - 203,816.00$

FINANCE:ADMINISTRATION:FUNCTION NO. 141:


141 TOTAL - 49,209.00$

ACCOUNTING:FUNCTION NO. 142:


142 TOTAL - 46,751.00$

PURCHASING AND WAREHOUSING:FUNCTION NO. 143:


143 TOTAL - 25,592.00$

INCOME TAX COLLECTION:FUNCTION NO. 144:

SERVICES AND CHARGES 256,000.00$ 144 TOTAL - 256,000.00$ 140 TOTAL - 377,552.00$

LAW:ADMINISTRATION:FUNCTION NO. 151:

PERSONNEL SERVICES 32,340.00$ SERVICES AND CHARGES 600.00$

150 TOTAL - 32,940.00$

ENGINEERING:ADMINISTRATION:FUNCTION NO. 161:


160 TOTAL - 67,970.00$

PUBLIC LANDS AND BUILDINGS:BUILDING OPERATIONS, MAINTENANCE AND REPAIRS:FUNCTION NO. 171:

PERSONNEL SERVICES 10,883.00$ MATERIALS AND SUPPLIES 3,290.00$ SERVICES AND CHARGES 48,359.00$

170 TOTAL - 62,532.00$

ADMINISTRATION:

HUMAN RESOURCES:

PUBLIC LANDS AND BUILDINGS:

ENGINEERING:

ACCOUNTING:

PURCHASING AND WAREHOUSING:

INCOME TAX COLLECTION:

ECONOMIC DEVELOPMENT:EXECUTIVE:

FINANCE:

LAW:

3

GENERAL FUND (CONTINUED)GENERAL GOVERNMENT (CONTINUED)

MISCELLANEOUS:INSURANCE:FUNCTION NO. 191:

SERVICES AND CHARGES 47,393.00$ 191 TOTAL - 47,393.00$

TAX SETTLEMENT DEDUCTIONS:FUNCTION NO. 192:

SERVICES AND CHARGES 17,050.00$ 192 TOTAL - 17,050.00$ 190 TOTAL - 64,443.00$ 100 TOTAL - 1,866,103.00$

PUBLIC SAFETY :POLICE:LAW ENFORCEMENT-SWORN OFFICERS:FUNCTION NO. 211:

PERSONNEL SERVICES 3,143,033.00$ 211 TOTAL - 3,143,033.00$

LAW ENFORCEMENT:FUNCTION NO. 212:


212 TOTAL - 540,845.00$ 210 TOTAL - 3,683,878.00$

FIRE:FIRE FIGHTING, PREVENTION AND INSPECTION:FUNCTION NO. 221:

PERSONNEL SERVICES 2,139,330.00$ MATERIALS AND SUPPLIES 28,750.00$ SERVICES AND CHARGES 54,937.00$

221 TOTAL - 2,223,017.00$

FIRE SERVICE:FUNCTION NO. 222:

PERSONNEL SERVICES 159,101.00$ 222 TOTAL - 159,101.00$ 220 TOTAL - 2,382,118.00$

POLICE AND FIRE COMMUNICATIONS:CONTROL CENTER:FUNCTION NO. 231:

SERVICES AND CHARGES 542,700.00$ 231 TOTAL - 542,700.00$ 200 TOTAL - 6,608,696.00$

HIGHWAYS AND STREETS:PUBLIC WORKS:ADMINISTRATION:FUNCTION NO. 311:


311 TOTAL - 122,385.00$

STREET MAINTENANCE AND REPAIR:FUNCTION NO. 313:

MATERIALS AND SUPPLIES 35,000.00$ 313 TOTAL - 35,000.00$

SIDEWALKS:FUNCTION NO. 314:


POLICE:

FIRE FIGHTING, PREVENTION AND INSPECTION:

FIRE SERVICE:

ADMINISTRATION:

LAW ENFORCEMENT-SWORN OFFICERS:

STREET MAINTENANCE AND REPAIR:

LAW ENFORCEMENT:

FIRE:

CONTROL CENTER:PUBLIC SAFETY :

SIDEWALKS:

INSURANCE:

TAX SETTLEMENT DEDUCTIONS:MISCELLANEOUS:GENERAL GOVERNMENT:

4

GENERAL FUND (CONTINUED)

BUILDING MAINTENANCE:FUNCTION NO. 318:

MATERIALS AND SUPPLIES 2,550.00$ SERVICES AND CHARGES 29,595.00$

318 TOTAL - 32,145.00$

EQUIPMENT MAINTENANCE:FUNCTION NO. 319:


319 TOTAL - 146,123.00$

EMPLOYEE BENEFITS:FUNCTION NO. 320:

PERSONNEL SERVICES 283,837.00$ 320 TOTAL - 283,837.00$

SIDEWALKS-SNOW REMOVAL:FUNCTION NO. 322:

MATERIALS AND SUPPLIES 400.00$ 322 TOTAL - 400.00$

310 TOTAL - 649,890.00$

PARKING:PARKING METERS:FUNCTION NO. 331:

MATERIALS AND SUPPLIES 500.00$ SERVICES AND CHARGES 300.00$

331 TOTAL - 800.00$

PARKING LOTS:FUNCTION NO. 333:


TRAFFIC SIGNS, MARKINGS, SIGNALS:FUNCTION NO. 341:


341 TOTAL - 56,687.00$ 300 TOTAL - 720,777.00$

PUBLIC HEALTH AND WELFARE:COUNTY HEALTH DISTRICT ASSESSMENT:FUNCTION NO. 431:


ASSISTANCE TO NEEDY/AGED:POOR RELIEF:FUNCTION NO. 441:

SERVICES AND CHARGES 300.00$ 441 TOTAL - 300.00$ 400 TOTAL - 156,710.00$

CULTURE-RECREATION:PARKS:ADMINISTRATION:FUNCTION NO. 511:


511 TOTAL - 129,274.00$

PARKING:

PUBLIC WORKS:

HIGHWAYS AND STREETS:

EQUIPMENT MAINTENANCE:

EMPLOYEE BENEFITS:

SIDEWALKS-SNOW REMOVAL:

BUILDING MAINTENANCE:

PARKING METERS:

PARKING LOTS:

TRAFFIC SIGNS, MARKINGS, SIGNALS:

POOR RELIEF:PUBLIC HEALTH AND WELFARE:

ADMINISTRATION:

COUNTY HEALTH DISTRICT ASSESSMENT:

5


PARKS SYSTEM:FUNCTION NO. 512:


512 TOTAL - 280,577.00$

BUILDINGS MAINTENANCE:FUNCTION NO. 513:

MATERIALS AND SUPPLIES 250.00$ SERVICES AND CHARGES 14,381.00$

513 TOTAL - 14,631.00$

MORSE AVENUE COMMUNITY CENTER:FUNCTION NO. 514:


RECREATION ACTIVITIES:FUNCTION NO. 521:


521 TOTAL - 166,084.00$

LEISURE TIME ACTIVITIES:SENIOR CITIZENS CENTER:FUNCTION NO. 531:


COMMUNITY FUNCTIONS:FUNCTION NO. 532:

SERVICES AND CHARGES 28,000.00$ 532 TOTAL - 28,000.00$ 530 TOTAL - 53,000.00$ 500 TOTAL - 650,916.00$

COMMUNITY ENVIRONMENT:PLANNING COMMISSION:FUNCTION NO. 611:

MATERIALS AND SUPPLIES 20.00$ SERVICES AND CHARGES 405.00$

611 TOTAL - 425.00$

DEMOLITION:FUNCTION NO. 621:


PLANNING AND DEVELOPMENT:FUNCTION NO. 631:


631 TOTAL - 43,162.00$

HOUSING AND BUILDING CODE ENFORCEMENT:CODE ENFORCEMENT:FUNCTION NO. 641:


641 TOTAL - 88,847.00$

DEMOLITION:

CODE ENFORCEMENT:

PLANNING AND DEVELOPMENT:

PARKS SYSTEM:

CULTURE-RECREATION:

PARKS:

COMMUNITY FUNCTIONS:

BUILDINGS MAINTENANCE:

MORSE AVENUE COMMUNITY CENTER:

PLANNING COMMISSION:

RECREATION ACTIVITIES:

SENIOR CITIZENS CENTER:

LEISURE TIME ACTIVITIES:

6


WEED CONTROL:FUNCTION NO. 652:

SERVICES AND CHARGES 9,000.00$ 652 TOTAL - 9,000.00$ 650 TOTAL - 9,000.00$ 600 TOTAL - 153,134.00$

FINANCING USES:FUNCTION NO. 901:

NON-OPERATING CHARGES 200.00$ 901 TOTAL - 200.00$

TRANSFERS-OUT:FUNCTION NO. 910:

OPERATING TRANSFERS/RESERVES 305,000.00$ 910 TOTAL - 305,000.00$

NON-DEPARTMENTAL:FUNCTION NO. 970:

PERSONNEL SERVICES 1,884,297.00$ SERVICES AND CHARGES 72,000.00$

970 TOTAL - 1,956,297.00$

RESERVES:FUNCTION NO. 999:

RESERVES: 127,950.00$ 999 TOTAL - 127,950.00$ 101 TOTAL - 12,545,783.00$

SECTION II. That there be appropriated from the COMPENSATION BALANCE RESERVE FUND,FUND NO. 154:


PERSONNEL SERVICES 200,000.00$ 154 TOTAL - COMPENSATED BALANCE RESERVE 200,000.00$

SECTION III. That there be appropriated from the STREET CONSTRUCTION, MAINTENANCE ANDREPAIR FUND, FUND NO. 201:

PUBLIC WORKS:ADMINISTRATION:FUNCTION NO. 311:

PERSONNEL SERVICES 71,385.00$ 311 TOTAL - ADMINISTRATION: 71,385.00$

STREET CONSTRUCTION AND RECONSTRUCTION:FUNCTION NO. 312:




313 TOTAL - 6,750.00$

SNOW AND ICE REMOVAL:FUNCTION NO. 316:


316 TOTAL - 90,285.00$ 310 TOTAL - 347,523.00$

HIGHWAY/STREET IMPROVEMENT:FUNCTION NO. 791:

CAPITAL OUTLAY 420,000.00$ 791 TOTAL - 420,000.00$

TREE CARE AND WEED CONTROL:COMMUNITY ENVIRONMENT:

HIGHWAY/STREET IMPROVEMENT:

RESERVES:

FINANCING USES:

GENERAL FUND

STREET CONSTRUCTION AND RECONSTRUCTION:

NON-DEPARTMENTAL:

WEED CONTROL:

PUBLIC WORKS:


SNOW AND ICE REMOVAL:

TRANSFERS-OUT:

7

STREET CONSTRUCTION, MAINTENANCE & REPAIR FUND (CONTINUED)

DEBT SERVICE-UNVOTED:FUNCTION NO. 801:

DEBT SERVICE 462,448.00$ 57 TOTAL - 462,448.00$

DEBT SERVICE:FUNCTION NO. 805:




SECTION IV. That there be appropriated from the STATE HIGHWAY IMPROVEMENT FUND, FUND NO. 202:

PUBLIC WORKS:STATE HIGHWAY MAINTENANCE:FUNCTION NO. 321:


SECTION V. That there be appropriated from the CEMETERIES FUND, FUND NO. 204:

CEMETERIES:ADMINISTRATION:FUNCTION NO. 421:


421 TOTAL - 155,276.00$

EVERGREEN/RIVERSIDE:FUNCTION NO. 422:


422 TOTAL - 165,002.00$

BUILDINGS MAINTENANCE:FUNCTION NO. 423:



PERSONNEL SERVICES 103,021.00$ 970 TOTAL - 103,021.00$ 204 TOTAL - 433,477.00$

SECTION VI. That there be appropriated from the POLICE PENSION TRANSFER FUND, FUND NO. 208:


SERVICES AND CHARGES 1,000.00$

LAW ENFORCEMENT-SWORN OFFICERS:FUNCTION NO. 211:


SECTION VII. That there be appropriated from the FIRE PENSION TRANSFER FUND, FUND NO. 209:



POLICE PENSION TRANSFER FUND

NON-DEPARTMENTAL:

DEBT SERVICE:

EVERGREEN/RIVERSIDE:

BUILDINGS MAINTENANCE:

CEMETERIES FUND

DEBT SERVICE

STREET CONSTRUCTION, MAINTENANCE & REPAIR FUND

NON-DEPARTMENTAL:

STATE HIGHWAY IMPROVEMENT FUND

ADMINISTRATION:

8

FIRE PENSION TRANSFER FUND (CONTINUED)

FIRE FIGHTING, PREVENTION AND INSPECTION:FUNCTION NO. 221:


SECTION VIII. That there be appropriated from the LAW ENFORCEMENT FUND, FUND NO. 212:

POLICE:LAW ENFORCEMENT:FUNCTION NO. 212:


SECTION IX. That there be appropriated from the MUNICIPAL MOTOR VEHICLE LICENSE FUND,FUND NO. 215:

STREET MAINTENANCE AND REPAIR:TRANSFERS-OUT:FUNCTION NO. 910:


SECTION X. That there be appropriated from the INDIGENT DRIVERS ALCOHOL TREATMENT FUND,FUND NO. 217:

GENERAL GOVERNMENT:JUDICIAL ACTIVITIES:FUNCTION NO. 121:


SECTION XI. That there be appropriated from the ENFORCEMENT AND EDUCATION FUND,FUND NO. 218:


MATERIALS AND SUPPLIES 4,850.00$ CAPITAL OUTLAY 12,596.00$

218 TOTAL - 17,446.00$

SECTION XII. That there be appropriated from the CITY MOTOR VEHICLE LICENSE TAX FUND,FUND NO. 219:



SECTION XIII. That there be appropriated from the FIRE LEVY FUND, FUND NO. 220:





FINANCING USES:FUNCTION NO. 901:



OPERATING TRANSFERS/RESERVES 50,000.00$ 910 TOTAL - 50,000.00$ 220 TOTAL - 86,699.00$

FIRE SERVICE:

LAW ENFORCEMENT FUND

ENFORCEMENT AND EDUCATION FUND

FIRE LEVY FUNDTRANSFERS-OUT:

CITY MOTOR VEHICLE LICENSE TAX FUND

TAX SETTLEMENT DEDUCTIONS:

FINANCING USES:

FIRE PENSION TRANSFER FUND

INDIGENT DRIVERS ALCOHOL TREATMENT FUND

MUNICIPAL MOTOR VEHICLE LICENSE TAX FUND

9

SECTION XIV. That there be appropriated from the PROBATION SERVICES FUND, FUND NO. 222:

JUDICIAL - MUNICIPAL COURT:PROBATION:FUNCTION NO. 123:


123 TOTAL - $ 96,195.00


PERSONNEL SERVICES 15,695.00$ 970 TOTAL - 15,695.00$ 222 TOTAL - $ 111,890.00

SECTION XV. That there be appropriated from the EMERGENCY MEDICAL SERVICES FUND,FUND NO. 229:



221 TOTAL - 518,939.00$




PERSONNEL SERVICES 89,610.00$ 970 TOTAL - 89,610.00$ 229 TOTAL - EMERGENCY MEDICAL SERVICES FUND 650,990.00$

SECTION XVI. That there be appropriated from the MUNICIPAL COURT COMPUTERIZATION FUND,FUND NO. 230:


PERSONNEL SERVICES 61,048.00$ SERVICES AND CHARGES 12,500.00$ CAPITAL OUTLAY 15,000.00$

122 TOTAL - 88,548.00$

PROBATION:FUNCTION NO. 123:




SECTION XVII. That there be appropriated from the SHAMROCK BUSINESS CENTER FUND, FUND NO. 231:




DEBT SERVICE 892,230.00$


SERVICES AND CHARGES 150,000.00$ 231 TOTAL - 1,047,930.00$

MUNICIPAL COURT COMPUTERIZATION FUND

PROBATION SERVICES FUND


NON-DEPARTMENTAL:

NON-DEPARTMENTAL:

NON-DEPARTMENTAL:

CLERK OF COURT:

PROBATION:

PROBATION:

FIRE SERVICE:

SHAMROCK BUSINESS CENTER TIF FUND

10

SECTION XVIII. That there be appropriated from the BROWNFIELD GRANT FUND, FUND NO. 233:



SECTION XIX. That there be appropriated from the VICTIM'S ADVOCATE GRANT FUND, FUND NO. 234:


PERSONNEL SERVICES 26,379.00$


PERSONNEL SERVICES 505.00$ 234 TOTAL - 26,884.00$

SECTION XX. That there be appropriated from the FIRE IMPROVEMENT LEVY FUND, FUND NO. 236:




MATERIALS AND SUPPLIES 54,000.00$ SERVICES AND CHARGES 45,450.00$ CAPITAL OUTLAY 66,000.00$

222 TOTAL - 165,450.00$ 236 TOTAL - 173,450.00$

SECTION XXI. That there be appropriated from the ROAD IMPROVEMENT LEVY FUND, FUND NO. 237:





SECTION XXII. That there be appropriated from the GENERAL BOND RETIREMENT FUND, FUND NO. 301:


SERVICES AND CHARGES 900.00$ 301 TOTAL - 900.00$

SECTION XXIII. That there be appropriated from the SPECIAL ASSESSMENT BOND RETIREMENT FUND,FUND NO. 303:







GENERAL BOND RETIREMENT FUND

ROAD IMPROVEMENT LEVY FUND

VICTIM'S ADVOCATE GRANT FUND

FIRE IMPROVEMENT LEVY FUND

BROWNFIELD GRANT FUND

SPECIAL ASSESSMENT BOND RETIR. FUND

FIRE SERVICE:

11

SECTION XXIV. That there be appropriated from the MUNICIPAL COURT CAPITAL PROJECTS FUND,FUND NO. 415:




CAPITAL OUTLAY 30,000.00$ 122 TOTAL - 30,000.00$ 415 TOTAL - 35,000.00$

SECTION XXV. That there be appropriated from the CAPITAL IMPROVEMENT FUND, FUND NO. 424:

BUILDING OPERATIONS, MAINTENANCE AND REPAIRS:FUNCTION NO. 171:


STREET CONSTRUCTION AND RECONSTRUCTION:FUNCTION NO. 312:








IMPROVEMENTS/EQUIPMENT:FUNCTION NO. 799:


SECTION XXVI. That there be appropriated from the GIRDLED ROAD WATER IMPROVEMENT FUND,FUND NO. 425:



SECTION XXVII. That there be appropriated from the JACKSON STREET INTERCHANGE PROJECT FUND,FUND NO. 427:



SECTION XXVIII. That there be appropriated from the INDUSTRIAL PARK PROJECT FUND, FUND NO. 428:



STREET CONSTRUCTION AND RECONSTRUCTION:

JUDICIAL ACTIVITIES:

BUILDING OPERATIONS, MAINTENANCE AND REPAIRS:

HIGHWAY/STREET IMPROVEMENT:


GIRDLED ROAD WATER IMPROVEMENT FUND

CAPITAL IMPROVEMENT FUND

JACKSON STREET INTERCHANGE PROJECT FUND

MUNICIPAL COURT CAPITAL PROJECTS FUND

INDUSTRIAL PARK PROJECT FUND

PARKS SYSTEM:

CLERK OF COURT:

IMPROVEMENTS/EQUIPMENT:

12

SECTION XXIX. That there be appropriated from the MUNI COURT SPECIAL PROJECTS FUND, FUND NO. 429:



121 TOTAL - 34,041.00$



122 TOTAL - 85,237.00$

IMMOBILIZATION REMOTE DEVICESFUNCTION NO. 124:




SECTION XXX. That there be appropriated from the CAPITAL EQUIPMENT RESERVE FUND, FUND NO. 430:

HUMAN RESOURCES:FUNCTION NO. 135:


ACCOUNTING:FUNCTION NO. 142:


ADMINISTRATION:FUNCTION NO. 161:



CAPITAL OUTLAY 158,250.00$ DEBT SERVICE 17,110.00$

212 TOTAL - 175,360.00$


FUNCTION NO. 313:






CODE ENFORCEMENT:FUNCTION NO. 641:

CAPITAL OUTLAY 22,500.00$ DEBT SERVICE 9,624.00$

641 TOTAL - 32,124.00$

HUMAN RESOURCES:

ACCOUNTING:

PARKS SYSTEM:

LAW ENFORCEMENT:

ADMINISTRATION:


CODE ENFORCEMENT:

CLERK OF COURT:

IMMOBILIZATION REMOTE DEVICES

NON-DEPARTMENTAL:MUNI COURT SPECIAL PROJECTS FUND


JUDICIAL ACTIVITIES:

13

CAPITAL EQUIPMENT RESERVE FUND (CONTINUED)

IMPROVEMENTS/EQUIPMENT:FUNCTION NO. 799:


SECTION XXXI. That there be appropriated from the DEPOSIT TRUST FUND, FUND NO. 601:


NON-OPERATING CHARGES 6,000.00$ 137 TOTAL - 6,000.00$



CODE ENFORCEMENT:FUNCTION NO. 641:

SERVICES AND CHARGES 1,000.00$ NON-OPERATING CHARGES 10,000.00$

641 TOTAL - 11,000.00$ 601 TOTAL - 20,000.00$

SECTION XXXII. That there be appropriated from the ZONING APPLICATION TRUST FUND, FUND NO. 603:

COMMUNITY ENVIRONMENT:ZONING APPLICATION:FUNCTION NO. 612:


SECTION XXXIII. That there be appropriated from the CEMETERY TRUST - OPERATIONS FUND, FUND NO. 605:

CEMETERIES:EVERGREEN/RIVERSIDE:FUNCTION NO. 422:

SERVICES AND CHARGES 200.00$ 422 TOTAL - 200.00$ 605 TOTAL - 200.00$

SECTION XXXIV. That there be appropriated from the SPECIAL ENDOWMENT-OPERATIONS FUND,FUND NO. 606:

EVERGREEN/RIVERSIDE:FUNCTION NO. 422:


SECTION XXXV. That there be appropriated from the LAW ENFORCEMENT TRUST FUND, FUND NO. 613:

PUBLIC SAFETY :POLICE:LAW ENFORCEMENT:FUNCTION NO. 212:


SECTION XXXVI. That there be appropriated from the WATER REVENUE FUND, FUND NO. 710:

WATER SERVICE:LAW ENFORCEMENT-SWORN OFFICERS:FUNCTION NO. 211:




IMPROVEMENTS/EQUIPMENT:

EVERGREEN/RIVERSIDE:

SPECIAL ENDOWMENT - OPERATIONS FUND

LAW ENFORCEMENT TRUST FUND

CODE ENFORCEMENT:

CEMETERY TRUST - OPERATIONS FUND

ADMINISTRATION:

DEPOSIT TRUST FUND

ZONING APPLICATION TRUST FUND



ECONOMIC DEVELOPMENT:

CAPITAL EQUIPMENT RESERVE FUND

14

WATER REVENUE FUND (CONTINUED)





711 TOTAL - 1,142,297.00$

UTILITIES OFFICE:FUNCTION NO. 712:


712 TOTAL - 171,726.00$

FILTRATION AND PUMPING:FUNCTION NO. 713:


713 TOTAL - 1,105,683.00$

SUPERVISION-DISTRIBUTION OPERATIONS:FUNCTION NO. 714:


714 TOTAL - 175,926.00$

DISTRIBUTION OPERATIONS:FUNCTION NO. 715:


715 TOTAL - 890,637.00$

FIRE HYDRANTS:FUNCTION NO. 716:


INSURANCE AND MISCELLANEOUS:FUNCTION NO. 719:


DEBT SERVICE-REVENUE SUPPORTED:FUNCTION NO. 803:


NONOPERATING EXPENSES:FUNCTION NO. 902:



OPERATING TRANSFERS/RESERVES 100,000.00$



UTILITIES OFFICE:

FIRE HYDRANTS:

DISTRIBUTION OPERATIONS:

ADMINISTRATION:

NON-DEPARTMENTAL:

DEBT SERVICE-REVENUE SUPPORTED:

NONOPERATING EXPENSES:

INSURANCE AND MISCELLANEOUS:


WATER REVENUE FUND

FILTRATION AND PUMPING:

SUPERVISION-DISTRIBUTION OPERATIONS:

WATER SERVICE:

15

SECTION XXXVII. That there be appropriated from the WATER CONSTRUCTION FUND, FUND NO. 712:

WATER PLANT IMPROVEMENT:FUNCTION NO. 796:

CAPITAL OUTLAY 8,607,500.00$ 796 TOTAL - 8,607,500.00$

WATER DISTRIBUTION IMPROVEMENT:FUNCTION NO. 797:





DEBT SERVICE 20,349.00$ 902 TOTAL - 20,349.00$ 712 TOTAL - 10,294,008.00$

SECTION XXXVIIIThat there be appropriated from the SEWER REVENUE FUND, FUND NO. 720:

SANITARY SEWER SERVICE:LAW ENFORCEMENT-SWORN OFFICERS:FUNCTION NO. 211:






721 TOTAL - 871,071.00$



722 TOTAL - 171,726.00$

SUPERVISION-PLANT AND SYSTEM:FUNCTION NO. 723:


723 TOTAL - 93,947.00$

PLANT AND PUMPING OPERATIONS:FUNCTION NO. 724:


724 TOTAL - 1,417,646.00$

SANITARY SEWER-COLLECTION AND TRANSMISSION:FUNCTION NO. 725:


725 TOTAL - 205,090.00$

ADMINISTRATION:


UTILITIES OFFICE:

SANITARY SEWER-COLLECTION AND TRANSMISSION:

SUPERVISION-PLANT AND SYSTEM:

WATER PLANT IMPROVEMENT:

DEBT SERVICE:

PLANT AND PUMPING OPERATIONS:

WATER CONSTRUCTION FUNDNONOPERATING EXPENSES:

WATER DISTRIBUTION IMPROVEMENT:


16

SEWER REVENUE FUND (CONTINUED)

SANITARY SEWER-EQUIP. OPERATIONS & MAINTENANCE:FUNCTION NO. 726:


726 TOTAL - 6,200.00$










RESERVES: 40,000.00$ 999 TOTAL - 40,000.00$ 720 TOTAL - 3,816,469.00$

SECTION XXXIX. That there be appropriated from the SEWER CONSTRUCTION FUND, FUND NO. 722:

SANITARY SEWER IMPROVEMENT:FUNCTION NO. 793:

CAPITAL OUTLAY 35,000.00$

WATER POLLUTION CONTROL PLANT IMPROVEMENT:FUNCTION NO. 798:






SECTION XL. That there be appropriated from the ELECTRIC REVENUE FUND, FUND NO. 730:

ELECTRIC SERVICE:LAW ENFORCEMENT-SWORN OFFICERS:FUNCTION NO. 211:





PERSONNEL SERVICES 11,563.00$ 222 TOTAL - 11,563.00$ FIRE SERVICE:

RESERVES:

INSURANCE AND MISCELLANEOUS:SANITARY SEWER SERVICE:

TRANSFERS-OUT:


SEWER CONSTRUCTION FUND

NON-DEPARTMENTAL:

SANITARY SEWER-EQUIP. OPERATIONS & MAINTENANCE:



SEWER REVENUE FUND

17

ELECTRIC REVENUE FUND (CONTINUED)



TRAFFIC SIGNS, MARKINGS, SIGNALS:FUNCTION NO. 341:


341 TOTAL - 154,611.00$



731 TOTAL - 1,601,137.00$



732 TOTAL - 515,127.00$

SUPERVISION-PLANT OPERATIONS:FUNCTION NO. 733:

PERSONNEL SERVICES 167,173.00$ MATERIALS AND SUPPLIES 15,650.00$ SERVICES AND CHARGES 431,442.00$ NON-OPERATING CHARGES 730,000.00$

733 TOTAL - 1,344,265.00$

BOILER OPERATIONS AND MAINTENANCE:FUNCTION NO. 734:


734 TOTAL - 1,472,896.00$

GENERATION OPERATIONS AND MAINTENANCE:FUNCTION NO. 735:


735 TOTAL - 1,172,745.00$

FUEL AND PURCHASED POWER:FUNCTION NO. 736:

MATERIALS AND SUPPLIES 340,000.00$ SERVICES AND CHARGES 15,325,000.00$

736 TOTAL - 15,665,000.00$

SUPERVISION-DISTRIBUTION OPERATIONS:FUNCTION NO. 737:


737 TOTAL - 207,387.00$

DISTRIBUTION OPERATIONS:FUNCTION NO. 738:


738 TOTAL - 1,821,974.00$ DISTRIBUTION OPERATIONS:


BOILER OPERATIONS AND MAINTENANCE:

SUPERVISION-PLANT OPERATIONS:

FUEL AND PURCHASED POWER:

SUPERVISION-DISTRIBUTION OPERATIONS:

TRAFFIC SIGNS, MARKINGS, SIGNALS:

ADMINISTRATION:

UTILITIES OFFICE:

GENERATION OPERATIONS AND MAINTENANCE:

18

ELECTRIC REVENUE FUND (CONTINUED)






PERSONNEL SERVICES 1,680,627.00$ 970 TOTAL - 1,680,627.00$ 730 TOTAL - 26,376,057.00$

SECTION XLI. That there be appropriated from the ELECTRIC CONSTRUCTION FUND, FUND NO. 732:





ELECTRIC PLANT IMPROVEMENT:FUNCTION NO. 794:


ELECTRIC DISTRIBUTION IMPROVEMENT:FUNCTION NO. 795:





CAPITAL OUTLAY 15,000.00$ 970 TOTAL - 15,000.00$ 732 TOTAL - 6,518,589.00$

SECTION XLII. That there be appropriated from the REFUSE FUND, FUND NO. 740:



COLLECTION AND DISPOSAL:FUNCTION NO. 743:

SERVICES AND CHARGES 100.00$ 743 TOTAL - 100.00$ 740 TOTAL - 3,100.00$

UTILITIES OFFICE:

INSURANCE AND MISCELLANEOUS:

UTILITIES OFFICE:

ADMINISTRATION:

NON-DEPARTMENTAL:

REFUSE FUNDCOLLECTION AND DISPOSAL:

ELECTRIC DISTRIBUTION IMPROVEMENT:

ELECTRIC PLANT IMPROVEMENT:

ELECTRIC REVENUE FUND


NON-DEPARTMENTAL:ELECTRIC CONSTRUCTION FUND


ELECTRIC SERVICE:

19

SECTION XLIII. That there be appropriated from the STORM WATER UTILITY FUND, FUND NO. 760:

STORM WATER UTILITY SERVICE:ADMINISTRATION:FUNCTION NO. 761:

PERSONNEL SERVICES 32,899.00$ MATERIALS AND SUPPLIES 200.00$ SERVICES AND CHARGES 250.00$

761 TOTAL - 33,349.00$

STORM WATER OPERATIONS:FUNCTION NO. 763:


763 TOTAL - 104,420.00$

CAPITAL PROJECTS:STORM SEWER IMPROVEMENT:FUNCTION NO. 792:









RESERVES: 25,000.00$ 760 TOTAL - 1,260,901.00$

SECTION XLIV. That there be appropriated from the COMMUNITY PROGRAMS FUND, FUND NO. 770:



SUMMER CAMP:FUNCTION NO. 773:


773 TOTAL - 16,000.00$

SPECIAL EVENTS:FUNCTION NO. 777:


777 TOTAL - 6,500.00$

RECREATIONAL ACTIVITIES:FUNCTION NO. 778:


778 TOTAL - 3,200.00$


PERSONNEL SERVICES 850.00$ 970 TOTAL - 850.00$ 770 TOTAL - 42,204.00$

SPECIAL EVENTS:

RECREATIONAL ACTIVITIES:

ADMINISTRATION:

NON-DEPARTMENTAL:COMMUNITY PROGRAMS FUND

NON-DEPARTMENTAL:

STORM WATER OPERATIONS:

STORM WATER UTILITY FUND

ADMINISTRATION:

SUMMER CAMP:


20

SECTION XLV. That there be appropriated from the SUPPLIES ROTARY FUND, FUND NO. 802:

ROTARY SUPPLIES:FUNCTION NO. 782:


SECTION XLVI. That there be appropriated from the EMPLOYEE HEALTH INSURANCE FUND,FUND NO. 803:

ROTARY CONTRACT SERVICES:FUNCTION NO. 783:

PERSONNEL SERVICES 3,413,480.00$ SERVICES AND CHARGES 915,240.00$

803 TOTAL - 4,328,720.00$

SECTION XLVII. That there be appropriated from the WORKERS' COMPENSATION RETROSPECTIVE FUND,FUND NO. 805:

ROTARY CONTRACT SERVICES:FUNCTION NO. 783:

PERSONNEL SERVICES 330,000.00$ SERVICES AND CHARGES 300,000.00$

805 TOTAL - 630,000.00$

SECTION XLVIII. That there be appropriated from the STATE PATROL TRANSFER AGENCY FUND,FUND NO. 952:

NONOPERATING DISBURSEMENTS:FUNCTION NO. 903:

NON-OPERATING CHARGES 89,000.00$ 952 TOTAL - 89,000.00$

SECTION XLIX. That there be appropriated from the CDBG FUND, FUND NO. 955:

ECONOMIC DEVELOPMENT GRANT:FUNCTION NO. 634:


***GRAND TOTAL - ALL FUNDS 78,457,859.00$

SECTION L.

SECTION LI.

SECTION LII.

SECTION LIII.

SECTION LIV.expenditures within the same fund to meet the capital improvement demands of the fund during the year. Such transfers shall not exceed the total appropriated for the capital activities of the fund.

SECTION LV.

STATE PATROL TRANSFER AGENCY FUND

EMPLOYEE HEALTH INSURANCE FUND

WORKERS' COMPENSATION RETROSPECTIVE FUND

SUPPLIES ROTARY FUND

during the year. Such transfers of personnel service appropriation amounts shall be only to or from other personnel

ordinance to the Lake County Auditor, and to obtain a Certificate of County Auditor that the total appropriations fromThat the Director of Finance is hereby instructed to transmit a certified copy of this

each fund do not exceed the Official Estimate of Resources from the County Auditor, in accordance with applicable

accounting records with the Accounting Division of the Department of Finance, in accordance with the line itemThat the Director of Finance is hereby authorized to establish line item appropriation

accounts, within activity account appropriation totals, in order to better meet the operating needs of the activity accounts

expenditure/expense accounts contained in the 2018 Operating Budget of the City of Painesville, Ohio.

That the Operating Budget for the City of Painesville, Ohio for the period beginning

provisions of the Ohio Revised Code.

CDGB FUND

service accounts. Such transfers shall not exceed the total appropriated for the specific activity account purpose.

That the City Manager is hereby authorized to transfer appropriations among expenditure

January 1, 2018 hereto filed with the City Council in preliminary form, and which has been reviewed by this Council,and upon which all of the appropriations contained herein have been based, be and the same hereby is adopted, inaccordance with the applicable provisions of Article V, Section I, of the Charter of the City of Painesville, Ohio.

That the City Manager is hereby authorized to transfer appropriations among capital

That the Director of Finance is hereby authorized to draw his/her checks upon the Citytreasury for payment from any of the foregoing appropriations upon receiving proper certificates and vouchers approvedby officers authorized by law to approve, or authority of Council to make expenditures, provided no checks shall bedrawn for salaries or wages except to persons employed by authority of law or ordinance.

21

SECTION LVI. That, in addition to expenses for travel and attendance at conferences, seminars and meetings of recognized public interest groups and meetings directly concerned with City business, expenses for thefollowing are deemed to be a public purpose and, subject to appropriation, documentation by invoices or receipts,and approval by the City Manager or President of Council as the appropriate approving authority, may legally bepaid from City funds; receptions deemed beneficial to the City, including refreshments, but excluding alcoholic beverages; advertisements in programs, magazines and newspapers; meals and expenses to promote the City;honorariums for service; attendant expenses for official celebrations; and expenses of individuals appointed by Councilto City Boards, Commissions and Committees.

SECTION LVII. That this ordinance is hereby declared to be and is passed as an emergency measure forthe protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City ofPainesville, the emergency being that it is necessary that an appropriations ordinance be immediately passed in order tomaintain the finances of said City, and therefore, this ordinance shall become effective immediately upon its passage.

PASSED:

Paul W. Hach, IIPresident of Council

ATTEST:

Valerie VargoClerk of Council

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101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100

A B C D E F G H I J KNAME Program Function FUND FUND NAME NUMBE ROMAN #

100 GENERAL GOVERNMENT: 100 GENERAL FUND 1 SECTION I. I110 LEGISLATIVE: 101 GENERAL FUND 2 SECTION II. II111 COUNCIL: FUNCTION NO. 111: 151 GENERAL FUND RESERVE 3 SECTION III. III112 CLERK OF COUNCIL: FUNCTION NO. 112: 152 EMPLOYEE HEALTH INSURANCE RESERVE 4 SECTION IV. IV120 JUDICIAL - MUNICIPAL COURT: 153 WORKERS COMPENSATION RESERVE 5 SECTION V. V121 JUDICIAL ACTIVITIES: FUNCTION NO. 121: 154 COMPENSATED BALANCE RESERVE 6 SECTION VI. VI122 CLERK OF COURT: FUNCTION NO. 122: 200 SPECIAL REVENUE FUNDS 7 SECTION VII. VII123 PROBATION: FUNCTION NO. 123: 201 STREET CONSTRUCTION, MAINTENANCE & REPAIR FUND 8 SECTION VIII. VIII124 IMMOBILIZATION REMOTE DEVICES FUNCTION NO. 124: 202 STATE HIGHWAY IMPROVEMENT FUND 9 SECTION IX. IX125 TECHNOLOGY GRANTS FUNCTION NO. 125: 204 CEMETERIES FUND 10 SECTION X. X130 EXECUTIVE: 208 POLICE PENSION TRANSFER FUND 11 SECTION XI. XI131 CITY MANAGER: FUNCTION NO. 131: 209 FIRE PENSION TRANSFER FUND 12 SECTION XII. XII133 PROMOTIONS, COMMUNICATIONS AND PR ACTIVITY: FUNCTION NO. 133: 212 LAW ENFORCEMENT FUND 13 SECTION XIII. XIII134 INFORMATION TECHNOLOGY: FUNCTION NO. 134: 215 MUNICIPAL MOTOR VEHICLE LICENSE TAX FUND 14 SECTION XIV. XIV135 HUMAN RESOURCES: FUNCTION NO. 135: 217 INDIGENT DRIVERS ALCOHOL TREATMENT FUND 15 SECTION XV. XV136 RECREATION ACTIVITIES: FUNCTION NO. 136: 218 ENFORCEMENT AND EDUCATION FUND 16 SECTION XVI. XVI137 ECONOMIC DEVELOPMENT: FUNCTION NO. 137: 219 CITY MOTOR VEHICLE LICENSE TAX FUND 17 SECTION XVII. XVII138 VOUCHER'S PROGRAM FUNCTION NO. 138: 220 FIRE LEVY FUND 18 SECTION XVIII. XVIII140 FINANCE: 221 UNDERGROUND STORAGE TANK FUND 19 SECTION XIX. XIX141 ADMINISTRATION: FUNCTION NO. 141: 222 PROBATION SERVICES FUND 20 SECTION XX. XX142 ACCOUNTING: FUNCTION NO. 142: 223 COPS FUND 21 SECTION XXI. XXI143 PURCHASING AND WAREHOUSING: FUNCTION NO. 143: 224 CLEVELAND FOUNDATION GRANT FUND 22 SECTION XXII. XXII144 INCOME TAX COLLECTION: FUNCTION NO. 144: 225 MUNI COURT SECURITY GRANT FUND 23 SECTION XXIII. XXIII150 LAW: FUNCTION NO. 150: 226 SKATE FACILITY FUND 24 SECTION XXIV. XXIV151 ADMINISTRATION: FUNCTION NO. 151: 227 FIRE SPECIAL REVENUE FUND 25 SECTION XXV. XXV160 ENGINEERING: 228 FEDERAL EMERGENCY MANAGEMENT AGENCY FUND 26 SECTION XXVI. XXVI161 ADMINISTRATION: FUNCTION NO. 161: 229 EMERGENCY MEDICAL SERVICES FUND 27 SECTION XXVII. XXVII170 PUBLIC LANDS AND BUILDINGS: 230 MUNICIPAL COURT COMPUTERIZATION FUND 28 SECTION XXVIII. XXVIII171 BUILDING OPERATIONS, MAINTENANCE AND REPAIRS: FUNCTION NO. 171: 231 SHAMROCK BUSINESS CENTER TIF FUND 29 SECTION XXIX. XXIX180 BOARDS AND COMMISSIONS: 232 2008 FEMA FUND 30 SECTION XXX. XXX181 CIVIL SERVICE COMMISSION: FUNCTION NO. 181: 233 BROWNFIELD GRANT FUND 31 SECTION XXXI. XXXI182 CHARTER REVIEW COMMISSION: FUNCTION NO. 182: 234 VICTIM'S ADVOCATE GRANT FUND 32 SECTION XXXII. XXXII190 MISCELLANEOUS: 235 SENIOR CITIZENS' SERVICES FUND 33 SECTION XXXIII. XXXIII191 INSURANCE: FUNCTION NO. 191: 236 FIRE IMPROVEMENT LEVY FUND 34 SECTION XXXIV. XXXIV192 TAX SETTLEMENT DEDUCTIONS: FUNCTION NO. 192: 237 ROAD IMPROVEMENT LEVY FUND 35 SECTION XXXV. XXXV193 (OPEN) FUNCTION NO. 193: 300 DEBT SERVICE FUNDS 36 SECTION XXXVI. XXXVI194 (OPEN) FUNCTION NO. 194: 301 GENERAL BOND RETIREMENT FUND 37 SECTION XXXVII. XXXVII195 NON-DEPARTMENTAL: FUNCTION NO. 195: 303 SPECIAL ASSESSMENT BOND RETIR. FUND 38 SECTION XXXVIII. XXXVIII196 (OPEN) FUNCTION NO. 196: 304 LAND ACQUISITION NOTE RETIREMENT FUND 39 SECTION XXXIX. XXXIX197 (OPEN) FUNCTION NO. 197: 400 CAPITAL PROJECT FUNDS 40 SECTION XL. XL198 (OPEN) FUNCTION NO. 198: 415 MUNICIPAL COURT CAPITAL PROJECTS FUND 41 SECTION XLI. XLI199 MISCELLANEOUS: FUNCTION NO. 199: 424 CAPITAL IMPROVEMENT FUND 42 SECTION XLII. XLII200 PUBLIC SAFETY : 425 GIRDLED ROAD WATER IMPROVEMENT FUND 43 SECTION XLIII. XLIII210 POLICE: 426 SHAMROCK BLVD. ROAD PROJECT FUND 44 SECTION XLIV. XLIV211 LAW ENFORCEMENT-SWORN OFFICERS: FUNCTION NO. 211: 427 JACKSON STREET INTERCHANGE PROJECT FUND 45 SECTION XLV. XLV212 LAW ENFORCEMENT: FUNCTION NO. 212: 428 INDUSTRIAL PARK PROJECT FUND 46 SECTION XLVI. XLVI220 FIRE: 429 MUNI COURT SPECIAL PROJECTS FUND 47 SECTION XLVII. XLVII221 FIRE FIGHTING, PREVENTION AND INSPECTION: FUNCTION NO. 221: 430 CAPITAL EQUIPMENT RESERVE FUND 48 SECTION XLVIII. XLVIII222 FIRE SERVICE: FUNCTION NO. 222: 431 MILLSTONE ACQUISITION FUND 49 SECTION XLIX. XLIX230 POLICE AND FIRE COMMUNICATIONS: 432 GRISTMILL FMA ACQUISITION FUND 50 SECTION L. L231 CONTROL CENTER: FUNCTION NO. 231: 433 GRISTMILL HMGP ACQUISITION FUND 51 SECTION LI. LI240 PROTECTION: 434 LAKE HOSPITAL DEMOLTION PROJECT FUND 52 SECTION LII. LII241 DISASTER SERVICES: FUNCTION NO. 241: 435 CITY HALL FIRE FUND 53 SECTION LIII. LIII250 SAFETY ACTIVITIES: 600 EXPENDABLE TRUST FUNDS 54 SECTION LIV. LIV251 PAINESVILLE SAFETY TOWN: FUNCTION NO. 251: 601 DEPOSIT TRUST FUND 55 SECTION LV. LV300 HIGHWAYS AND STREETS: 602 PLAN REVIEW TRUST FUND 56 SECTION LVI. LVI310 PUBLIC WORKS: 603 ZONING APPLICATION TRUST FUND 57 SECTION LVII. LVII311 ADMINISTRATION: FUNCTION NO. 311: 605 CEMETERY TRUST - OPERATIONS FUND 58 SECTION LVIII. LVIII312 STREET CONSTRUCTION AND RECONSTRUCTION: FUNCTION NO. 312: 606 SPECIAL ENDOWMENT - OPERATIONS FUND 59 SECTION LIX. LIX313 STREET MAINTENANCE AND REPAIR: FUNCTION NO. 313: 607 COLUMBARIUM TRUST FUND 60 SECTION LX. LX314 SIDEWALKS: FUNCTION NO. 314: 608 ELECTRIC SPECIAL OBLIGATION BOND ESCROW FUND (CLOS 61 SECTION LXI. LXI315 STREET CLEANING: FUNCTION NO. 315: 610 PAINESVILLE SAFETY TOWN FUND 62 SECTION LXII. LXII316 SNOW AND ICE REMOVAL: FUNCTION NO. 316: 613 LAW ENFORCEMENT TRUST FUND 63 SECTION LXIII. LXIII317 STORM SEWERS AND DRAINS: FUNCTION NO. 317: 614 WORKERS COMPENSATION RETROSPECTIVE FUNDING TRUST 64 SECTION LXIV. LXIV318 BUILDING MAINTENANCE: FUNCTION NO. 318: 700 ENTERPRISE (UTILITIES) FUNDS 65 SECTION LXV. LXV319 EQUIPMENT MAINTENANCE: FUNCTION NO. 319: 710 WATER REVENUE FUND 66 SECTION LXVI. LXVI320 EMPLOYEE BENEFITS: FUNCTION NO. 320: 711 WATER DEPOSIT FUND 67 SECTION LXVII. LXVII

712 WATER CONSTRUCTION FUND 68 SECTION LXVIII. LXVIII321 STATE HIGHWAY MAINTENANCE: FUNCTION NO. 321: 720 SEWER REVENUE FUND 69 SECTION LXIX. LXIX322 SIDEWALKS-SNOW REMOVAL: FUNCTION NO. 322: 722 SEWER CONSTRUCTION FUND 70 SECTION LXX. LXX323 LEAF/YARD WASTE REMOVAL: FUNCTION NO. 323: 730 ELECTRIC REVENUE FUND 71 SECTION LXXI. LXXI330 PARKING: 731 ELECTRIC DEPOSIT FUND 72 SECTION LXXII. LXXII331 PARKING METERS: FUNCTION NO. 331: 732 ELECTRIC CONSTRUCTION FUND 73 SECTION LXXIII. LXXIII332 PARKING GARAGE: FUNCTION NO. 332: 733 ELECTRIC REPLACEMENT AND IMPROVEMENT FUND 74 SECTION LXXIV. LXXIV333 PARKING LOTS: FUNCTION NO. 333: 734 ELECTRIC UTILITY RESERVE FUND 75 SECTION LXXV. LXXV340 TRAFFIC SIGNS, MARKINGS, SIGNALS: 735 SMART GRID PROJECT FUND 76 SECTION LXXVI. LXXVI341 TRAFFIC SIGNS, MARKINGS, SIGNALS: FUNCTION NO. 341: 740 REFUSE FUND 77 SECTION LXXVII. LXXVII400 PUBLIC HEALTH AND WELFARE: 750 OFF-STREET PARKING REVENUE FUND 78 SECTION LXXVIII. LXXVIII410 SUPPORT OF PRISONERS: 751 OFF-STREET PARKING DEBT SERVICE FUND411 PRISONER EXPENSE: FUNCTION NO. 411: 752 OFF-STREET PARKING DEPOSIT FUND420 CEMETERIES: FUNCTION NO. 420: 760 STORM WATER UTILITY FUND421 ADMINISTRATION: FUNCTION NO. 421: 770 COMMUNITY PROGRAMS FUND422 EVERGREEN/RIVERSIDE: FUNCTION NO. 422: 800 INTERNAL SERVICE FUNDS423 BUILDINGS MAINTENANCE: FUNCTION NO. 423: 801 FUEL AND OIL ROTARY FUND430 PAYMENT TO COUNTY HEALTH BOARD: 802 SUPPLIES ROTARY FUND431 COUNTY HEALTH DISTRICT ASSESSMENT: FUNCTION NO. 431: 803 EMPLOYEE HEALTH INSURANCE FUND440 ASSISTANCE TO NEEDY/AGED: 805 WORKERS' COMPENSATION RETROSPECTIVE FUND441 POOR RELIEF: FUNCTION NO. 441: 900 NON-EXPENDABLE TRUST FUNDS500 CULTURE-RECREATION: 901 EVERGREEN CEMETERY TRUST FUND510 PARKS: 902 RIVERSIDE CEMETERY TRUST FUND511 ADMINISTRATION: FUNCTION NO. 511: 903 SPECIAL ENDOWMENT TRUST FUND512 PARKS SYSTEM: FUNCTION NO. 512: 950 AGENCY FUNDS 513 BUILDINGS MAINTENANCE: FUNCTION NO. 513: 952 STATE PATROL TRANSFER AGENCY FUND514 MORSE AVENUE COMMUNITY CENTER: FUNCTION NO. 514: 953 ELECTRONIC LICENSE FORFEITURE FUND515 LITTER CONTROL: FUNCTION NO. 515: 955 CDGB FUND520 RECREATION: 960 LAND BANK FUND521 RECREATION ACTIVITIES: FUNCTION NO. 521: 990 GENERAL FIXED ASSETS530 LEISURE TIME ACTIVITIES: 998 GENERAL LONG TERM DEBT531 SENIOR CITIZENS CENTER: FUNCTION NO. 531:

101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200

A B C D E F G H I J K532 COMMUNITY FUNCTIONS: FUNCTION NO. 532:600 COMMUNITY ENVIRONMENT:610 COMMUNITY PLANNING AND ZONING: FUNCTION NO. 610:611 PLANNING COMMISSION: FUNCTION NO. 611:612 ZONING APPLICATION: FUNCTION NO. 612:620 DEMOLITION:621 DEMOLITION: FUNCTION NO. 621:630 COMMUNITY DEVELOPMENT: FUNCTION NO. 630:631 PLANNING AND DEVELOPMENT: FUNCTION NO. 631:632 VINYL SIDING PROGRAM: FUNCTION NO. 632:633 STOREFRONT IMPROVEMENT PROGRAM: FUNCTION NO. 633:634 ECONOMIC DEVELOPMENT GRANT: FUNCTION NO. 634:640 HOUSING AND BUILDING CODE ENFORCEMENT:641 CODE ENFORCEMENT: FUNCTION NO. 641:642 PLAN REVIEW: FUNCTION NO. 642:650 TREE CARE AND WEED CONTROL:651 TREE CARE: FUNCTION NO. 651:652 WEED CONTROL: FUNCTION NO. 652:700 CAPITAL PROJECTS AND/OR PROPRIETARY FUNCTIONS:710 WATER SERVICE:711 ADMINISTRATION: FUNCTION NO. 711:712 UTILITIES OFFICE: FUNCTION NO. 712:713 FILTRATION AND PUMPING: FUNCTION NO. 713:714 SUPERVISION-DISTRIBUTION OPERATIONS: FUNCTION NO. 714:715 DISTRIBUTION OPERATIONS: FUNCTION NO. 715:716 FIRE HYDRANTS: FUNCTION NO. 716:717 EQUIPMENT OPERATIONS AND MAINTENANCE: FUNCTION NO. 717:719 INSURANCE AND MISCELLANEOUS: FUNCTION NO. 719:720 SANITARY SEWER SERVICE:721 ADMINISTRATION: FUNCTION NO. 721:722 UTILITIES OFFICE: FUNCTION NO. 722:723 SUPERVISION-PLANT AND SYSTEM: FUNCTION NO. 723:724 PLANT AND PUMPING OPERATIONS: FUNCTION NO. 724:725 SANITARY SEWER-COLLECTION AND TRANSMISSION: FUNCTION NO. 725:726 SANITARY SEWER-EQUIP. OPERATIONS & MAINTENANCE: FUNCTION NO. 726:727 PRE-TREATMENT: FUNCTION NO. 727:729 INSURANCE AND MISCELLANEOUS: FUNCTION NO. 729:730 ELECTRIC SERVICE:731 ADMINISTRATION: FUNCTION NO. 731:732 UTILITIES OFFICE: FUNCTION NO. 732:733 SUPERVISION-PLANT OPERATIONS: FUNCTION NO. 733:734 BOILER OPERATIONS AND MAINTENANCE: FUNCTION NO. 734:735 GENERATION OPERATIONS AND MAINTENANCE: FUNCTION NO. 735:736 FUEL AND PURCHASED POWER: FUNCTION NO. 736:737 SUPERVISION-DISTRIBUTION OPERATIONS: FUNCTION NO. 737:738 DISTRIBUTION OPERATIONS: FUNCTION NO. 738:739 INSURANCE AND MISCELLANEOUS: FUNCTION NO. 739:740 REFUSE SERVICE:742 UTILITIES OFFICE: FUNCTION NO. 742:743 COLLECTION AND DISPOSAL: FUNCTION NO. 743:745 RECYCLING: FUNCTION NO. 745:749 INSURANCE AND MISCELLANEOUS: FUNCTION NO. 749:750 (OPEN)760 STORM WATER UTILITY SERVICE:761 ADMINISTRATION: FUNCTION NO. 761:762 UTILITIES OFFICE: FUNCTION NO. 762:763 STORM WATER OPERATIONS: FUNCTION NO. 763:770 UTILITIES DEPOSITS: FUNCTION NO. 770:771 ADMINISTRATION: FUNCTION NO. 771:773 SUMMER CAMP: FUNCTION NO. 773:774 ADULT TRIPS: FUNCTION NO. 774:775 AFTER SCHOOL ACTIVITIES: FUNCTION NO. 775:776 MORSE AVENUE: FUNCTION NO. 776:777 SPECIAL EVENTS: FUNCTION NO. 777:778 RECREATIONAL ACTIVITIES: FUNCTION NO. 778:779 RECREATION FUND RAISER FUNCTION NO. 779:780 INTERNAL SERVICE FUNCTIONS: FUNCTION NO. 780:781 ROTARY FUEL AND OIL: FUNCTION NO. 781:782 ROTARY SUPPLIES: FUNCTION NO. 782:783 ROTARY CONTRACT SERVICES: FUNCTION NO. 783:790 CAPITAL PROJECTS:791 HIGHWAY/STREET IMPROVEMENT: FUNCTION NO. 791:792 STORM SEWER IMPROVEMENT: FUNCTION NO. 792:793 SANITARY SEWER IMPROVEMENT: FUNCTION NO. 793:794 ELECTRIC PLANT IMPROVEMENT: FUNCTION NO. 794:795 ELECTRIC DISTRIBUTION IMPROVEMENT: FUNCTION NO. 795:796 WATER PLANT IMPROVEMENT: FUNCTION NO. 796:797 WATER DISTRIBUTION IMPROVEMENT: FUNCTION NO. 797:798 WATER POLLUTION CONTROL PLANT IMPROVEMENT: FUNCTION NO. 798:799 IMPROVEMENTS/EQUIPMENT: FUNCTION NO. 799:800 DEBT SERVICE FUNCTIONS:801 DEBT SERVICE-UNVOTED: FUNCTION NO. 801:802 DEBT SERVICE-VOTED: FUNCTION NO. 802:803 DEBT SERVICE-REVENUE SUPPORTED: FUNCTION NO. 803:804 DEBT SERVICE-MORTGAGE REVENUE: FUNCTION NO. 804:805 DEBT SERVICE: FUNCTION NO. 805:900901 FINANCING USES: FUNCTION NO. 901:902 NONOPERATING EXPENSES: FUNCTION NO. 902:903 NONOPERATING DISBURSEMENTS: FUNCTION NO. 903:910 TRANSFERS-OUT: FUNCTION NO. 910:960 REDOX BATTERY PROJECT FUNCTION NO. 960:970 NON-DEPARTMENTAL: FUNCTION NO. 970:980 CLEARANCE ACCOUNTS: FUNCTION NO. 980:999 RESERVES: FUNCTION NO. 999:

Object Expenditure EXPENSET TOTAL -

51 PERSONNEL SERVICES52 MATERIALS AND SUPPLIES53 SERVICES AND CHARGES CONTRACTUAL SERVICES

201202203204205206207208

A B C D E F G H I J K54 UTILITIES55 SERVICES AND CHARGES OPERATING EXPENSES56 CAPITAL OUTLAY57 DEBT SERVICE58 NON-OPERATING CHARGES NON-OPERATING EXPENSES59 OPERATING TRANSFERS/RESERVES

599 RESERVES 60 REFUNDS/REIMBURSEMENTS - OPERATING

ORDINANCE NO. __-__ AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF

$1,000,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS TO PAY COSTS OF REHABILITATING AND IMPROVING THE CHESTNUT STREET WATER STORAGE TANK; REPLACING A WATER LINE IN ELM STREET, TOGETHER WITH ALL APPURTENANCES THERETO; IMPROVING THE CITY’S STORM WATER MANAGEMENT SYSTEM BY CONSTRUCTING AND INSTALLING STORM SEWER LINES, DETENTION BASINS AND INLET BASINS, TOGETHER WITH ALL APPURTENANCES THERETO; RESURFACING PORTIONS OF NELSON STREET, EAST MAIN STREET AND CERTAIN CITY STREETS TO BE APPROVED BY CITY COUNCIL, TOGETHER WITH ALL WORK INCIDENTAL THERETO; ACQUIRING A DUMP TRUCK WITH SNOW PLOW, TOGETHER WITH NECESSARY APPURTENANCES THERETO; IMPROVING THE CITY’S STORM WATER MANAGEMENT SYSTEM BY CONSTRUCTING AND INSTALLING STORM SEWER LINES, DETENTION BASINS, INLET BASINS AND RELATED IMPROVEMENTS, INCLUDING THE NORTH AVENUE STORM WATER PROJECT AND THE CITY’S 2010 STORM WATER IMPROVEMENT PROGRAM, TOGETHER WITH ALL APPURTENANCES THERETO; RELOCATING WATER MAINS ALONG STATE ROUTE 86 AND AUBURN ROAD, TOGETHER WITH ANY NECESSARY APPURTENANCES THERETO; IMPROVING THE MUNICIPAL WATER SYSTEM BY CONSTRUCTING AND INSTALLING NEW WATER LINES AND OTHER DISTRIBUTION SYSTEM IMPROVEMENTS TOGETHER WITH THE NECESSARY APPURTENANCES THERETO; AND EXTENDING SANITARY SEWER LINES AND CONSTRUCTING A PUMP STATION TO SERVICE THE SHAMROCK BOULEVARD AREA OF THE CITY, ALL TOGETHER WITH THE NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY.

WHEREAS, pursuant to Ordinance No. 1-17, passed January 3, 2017, notes in anticipation of the issuance of bonds dated February 21, 2017, maturing February 20, 2018, in the aggregate principal amount of $1,600,000 were issued to pay a portion of the costs of the following improvements as part of a consolidated issue pursuant to Section 133.30(B) of the Revised Code (the “Outstanding Notes”): (i) $45,000 principal amount of notes were issued to pay additional costs of replacing a water filter at the City’s water plant (“Project 1”); and (ii) $106,944 principal amount of notes were issued to pay costs of rehabilitating and improving the Chestnut Street water storage tank (“Project 2”); and (iii) $119,385 principal amount of notes were issued to pay costs of replacing a water line in Elm Street, together with all appurtenances thereto (“Project 3”); and (iv) $102,018 principal amount of notes were issued to pay costs of improving the City’s Storm Water Management System by constructing and installing storm sewer lines, detention basins and inlet basins, together with all appurtenances thereto (“Project 4”); and (v) $295,653 principal amount of notes were issued to pay costs of resurfacing portions of Nelson Street, East Main Street and certain City streets to be approved by City Council, together with all appurtenances thereto (“Project 5”); and (vi) $60,500 principal amount of notes were issued to pay costs of acquiring a dump truck with snow plow, together with necessary appurtenances thereto (“Project 6”); and (vii) $90,000 principal amount of notes were issued to pay costs of improving the City’s storm water management system by constructing and installing storm sewer lines, detention basins,

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inlet basins and related improvements, including the North Avenue storm water project and the City’s 2010 storm water improvement program, together with all appurtenances thereto (“Project 7”); and (viii) $22,000 principal amount of notes were issued in anticipation of bonds to pay costs of replacing sanitary sewer liners in Mentor Avenue, Jackson Street and at select railroad crossing locations (“Project 8”); and

(ix) $93,500 principal amount of notes were issued in anticipation of the issuance of bonds to pay costs of relocating water mains along State Route 86 and Auburn Road, together with any necessary appurtenances thereto (“Project 9”); and (x) $250,000 principal amount of notes were issued in anticipation of the issuance of bonds to provide the funds necessary to redeem the outstanding principal amount of the City’s Water System Improvement Bonds, Series 1998, which were issued to pay costs of improving the municipal water system by constructing erosion control improvements at the water treatment plant, an elevated storage tank, a booster station and water mains and other water treatment plant and distribution system improvements (“Project 10”); and (xi) $75,000 principal amount of notes were issued in anticipation of the issuance of bonds to pay costs of improving the municipal water system by constructing and installing new water lines and other distribution system improvements, together with the necessary appurtenances thereto (“Project 11”); and

(xii) $340,000 principal amount of notes were issued in anticipation of bonds to pay costs of extending sanitary sewer lines and constructing a pump station to service the Shamrock Boulevard area of the City, all together with the necessary appurtenances thereto (“Project 12”); and WHEREAS, this Council finds and determines that the City should retire $600,000 aggregate principal amount of the Outstanding Notes with funds available to the City, attributed to each project as follows: Project 1, $45,000 (the entire remaining balance); Project 2, $16,500; Project 3, $14,070; Project 4, $19,934; Project 5, $94,736; Project 6, $5,500; Project 7, $52,760; Project 8, $22,000 (the entire remaining balance); Project 9, $9,500; Project 10, $250,000 (the entire remaining balance); Project 11, $10,000; and Project 12, $60,000; and WHEREAS, this Council finds and determines that the City should retire the remaining outstanding principal amount of the Outstanding Notes with the proceeds of the Notes described in Section 3 and that the principal amount of each Project to be funded as part of the Notes described in Section 3 is as follows; and Project Principal Amount 2 (Storage Tank) $ 90,444 3 (Waterline) 105,315 4 (Storm Water Management) 82,084 5 (Street Resurfacing – 2008) 200,917 6 (Fleet Procurement) 55,000 7 (Storm Water Management - 2010) 37,240 9 (Relocating Water Mains) 84,000 11 (Water Lines) 65,000 12 (Sanitary Sewer) 280,000 WHEREAS, the Director of Finance, as fiscal officer of this City, has certified to this Council that the estimated life or period of usefulness of each of Project being funded as a part of the Notes is at least five years, and that the estimated maximum maturity of the bonds for each Project and the maximum maturity of the notes for each Project, to be issued in anticipation of the bonds, are as follows; Maximum Maturity Maximum Maturity Project of Bonds - years of Notes 2 (Storage Tank) 7 March 22, 2026 3 (Water Line) 33 March 20, 2027 4 (Storm Water Management) 33 March 20, 2027 5 (Street Resurfacing – 2008) 9 March 18, 2028 6 (Fleet Procurement) 4 March 18, 2023

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7 (Storm Water Management -2010) 36 March 11, 2030 9 (Relocating Water Mains) 31 November 15, 2025 11 (Water Lines) 35 August 12, 2029 12 (Sanitary Sewer) 38 August 2, 2032 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Painesville, Lake County, Ohio, that: Section 1. It is necessary to issue bonds of this City in the aggregate principal amount of $1,000,000 (the Bonds) for the purpose of paying costs of the Projects described above. Section 2. The Bonds shall be dated approximately February 1, 2019 shall bear interest at the now estimated rate of 5.5% per year, payable semiannually until the principal amount is paid, and are estimated to mature in twenty annual principal installments on December 1 of each year, each of which installment represents the aggregate of all principal payments for that year as if a separate issue of bonds were issued for each Project with the following number of principal installments for each Project, with principal installments on each separate issue being in such amounts that the total principal and interest payments on that issue in any fiscal year in which principal is payable are not more than three times the amount of those payments in any other fiscal year: Number of Project Principal Installments 2 (Storage Tank) 7 3 (Water Line) 20 4 (Storm Water Management) 20 5 (Street Resurfacing – 2008) 9 6 (Fleet Procurement) 4 7 (Storm Water Management - 2010) 20 9 (Relocating Water Mains) 20 11 (Water Lines) 20 12 (Sanitary Sewer) 20 The first principal installment is estimated to be December 1, 2020 and the first interest payment on the Bonds is estimated to be June 1, 2019. Section 3. It is necessary to issue and this Council determines that notes in the aggregate principal amount of $1,000,000 (the Notes) shall be issued in anticipation of the issuance of the Bonds and to retire, together with other available moneys of the City, the Outstanding Notes. The Notes shall be dated as of their date of issuance and shall mature not earlier than six months from the date of issuance and not later than twelve months from that date, as shall be fixed by the Director of Finance in the certificate signed in accordance with Section 6 of this Ordinance (the Certificate of Award). The Notes shall bear interest at a rate or rates not to exceed 5.5% per year (computed on the basis of a 360-day year consisting of 12 30-day months), payable at maturity or at any date of earlier prepayment as provided for in Section 4 and until the principal amount is paid or payment is provided for. The rate or rates of interest on the Notes shall likewise be determined by the Director of Finance in the Certificate of Award. Section 4. The debt charges on the Notes shall be payable in lawful money of the United States of America or in Federal Reserve funds of the United States of America, as determined by the Director of Finance in the Certificate of Award, and shall be payable, without deduction for services of the City’s paying agent, at the principal corporate trust office of The Huntington National Bank or of a bank or trust company designated by the Director of Finance in the Certificate of Award, after determining that the payment at that bank or trust company will not endanger the funds or securities of the City and that proper procedures and safeguards are available for that purpose, or at the office of the Director of Finance if agreed to by the Director of Finance and the Original Purchaser (as defined in Section 6) (the Paying Agent). If agreed to by the Original Purchaser, the Notes shall be prepayable without penalty or premium at the option of the City at any time prior to maturity (the Prepayment Date) as provided in this Ordinance. Prepayment prior to maturity shall be made by deposit with the Paying Agent of the principal amount of the Notes together with interest accrued thereon to the Prepayment Date. The City’s right of prepayment shall be exercised by mailing a notice of prepayment, stating the Prepayment Date and the name and address of the Paying Agent, by certified or registered mail to the Original Purchaser and to the Paying Agent not less than seven days prior to the Prepayment Date. If money for prepayment is on deposit with the Paying Agent on the Prepayment Date following the giving of that notice, interest on the principal amount prepaid shall cease to accrue on the Prepayment Date. The Director of Finance may request the Original Purchaser to use its best efforts to arrange for the delivery of the Notes at the designated office of the Paying Agent for prepayment, surrender and cancellation.

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Section 5. The Notes shall be signed by the City Manager and the Director of Finance, in the name of the City and in their official capacities, provided that one of those signatures may be a facsimile. All references in this Ordinance to the Director of Finance shall mean the Director of Finance or any person at the time performing the duties of the chief financial officer and fiscal officer of the City. All references in this Ordinance to City Manager shall mean the City Manager of the City or any person serving in an interim or acting capacity with respect to that office. The Notes shall be issued in the denominations and numbers as requested by the Original Purchaser and approved by the Director of Finance, provided that no Note shall be issued in a denomination less than $100,000. The entire principal amount may be represented by a single note and may be issued as fully registered securities (for which the Director of Finance will serve as note registrar) and in book entry or other uncertificated form in accordance with Section 9.96 and Chapter 133 of the Revised Code if it is determined by the Director of Finance that issuance of fully registered securities in that form will facilitate the sale and delivery of the Notes. The Notes shall not have coupons attached, shall be numbered as determined by the Director of Finance and shall express upon their faces the purpose, in summary terms, for which they are issued and that they are issued pursuant to this Ordinance. As used in this section and this Ordinance: “Book entry form” or “book entry system” means a form or system under which (i) the ownership of beneficial interests in the Notes and the principal of, and interest on, the Notes may be transferred only through a book entry, and (ii) a single physical Note certificate is issued by the City and payable only to a Depository or its nominee, with such Notes “immobilized” in the custody of the Depository or its agent for that purpose. The book entry maintained by others than the City is the record that identifies the owners of beneficial interests in the Notes and that principal and interest. “Depository” means any securities depository that is a clearing agency under federal law operating and maintaining, with its Participants or otherwise, a book entry system to record ownership of beneficial interests in the Notes or the principal of, and interest on, the Notes and to effect transfers of the Notes, in book entry form, and includes and means initially The Depository Trust Company (a limited purpose trust company), New York, New York. “Participant” means any participant contracting with a Depository under a book entry system and includes security brokers and dealers, banks and trust companies, and clearing corporations. The Notes may be issued to a Depository for use in a book entry system and, if and as long as a book entry system is utilized, (i) the Notes may be issued in the form of a single Note made payable to the Depository or its nominee and immobilized in the custody of the Depository or its agent for that purpose; (ii) the beneficial owners in book entry form shall have no right to receive the Notes in the form of physical securities or certificates; (iii) ownership of beneficial interests in book entry form shall be shown by book entry on the system maintained and operated by the Depository and its Participants, and transfers of the ownership of beneficial interests shall be made only by book entry by the Depository and its Participants; and (iv) the Notes as such shall not be transferable or exchangeable, except for transfer to another Depository or to another nominee of a Depository, without further action by the City. If any Depository determines not to continue to act as a Depository for the Notes for use in a book entry system, the Director of Finance may attempt to establish a securities depository/book entry relationship with another qualified Depository. If the Director of Finance does not or is unable to do so, the Director of Finance, after making provision for notification of the beneficial owners by the then Depository and any other arrangements deemed necessary, shall permit withdrawal of the Notes from the Depository, and shall cause the Notes in bearer or payable form to be signed by the officers authorized to sign the Notes and delivered to the assigns of the Depository or its nominee, all at the cost and expense (including any costs of printing), if the event is not the result of City action or inaction, of those persons requesting such issuance. The Director of Finance is also hereby authorized and directed, to the extent necessary or required, to enter into any agreements determined necessary in connection with the book entry system for the Notes, after determining that the signing thereof will not endanger the funds or securities of the City. Section 6. The Notes shall be sold at not less than 97% of the principal amount thereof, plus accrued interest, at private sale by the Director of Finance to the original purchaser thereof designated in the Certificate of Award (the Original Purchaser) in accordance with law and the provisions of this Ordinance. The Director of Finance shall, in accordance with his determination of the best interests of and financial advantages to the City and its taxpayers and conditions then existing in the financial markets, sign the Certificate of Award referred to in Sections 3 and 4 evidencing that sale to the Original Purchaser and the terms of the Notes, including the purchase price, the interest rate and the maturity of the Notes, cause the Notes to be prepared, and have the Notes signed and delivered, together with a true transcript of proceedings with reference to the issuance of the Notes if requested by the Original Purchaser, to the Original Purchaser upon payment of the purchase price. The City Manager, the Director of Finance, the Director of Law, the Clerk of Council and other City officials, as appropriate, are each authorized and directed to sign

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any transcript certificates, financial statements, a note purchase agreement consistent with this Ordinance, and other documents and instruments, and to take such actions as are necessary or appropriate to consummate the transactions contemplated by this Ordinance. The Director of Finance is authorized, if it is determined to be in the best interest of the City, to combine the issue of Notes with one or more other note issues of the City into a consolidated note issue pursuant to Section 133.30(B) of the Revised Code, and no Note of that consolidated issue shall be issued in a denomination less than $100,000. The Director of Finance is further authorized, if it is determined to be in the best interest of the City in connection with the sale of the Notes, to obtain a rating on the Notes from one or more nationally recognized rating service. The Director of Finance is hereby authorized to offer all or part of the Notes at par and any accrued interest to the Treasury Investment Board of the City for investment under Section 731.56 of the Revised Code in accordance with law and the provisions of this ordinance if, as a result of the conditions then existing in the financial markets, the Director of Finance determines it in the best financial interest of the City in lieu of the private sale authorized in the preceding paragraph. Section 7. The proceeds from the sale of the Notes, except any premium and accrued interest, shall be paid into the proper fund or funds and those proceeds are appropriated and shall be used for the purpose for which the Notes are being issued. Any portion of those proceeds representing premium and accrued interest shall be paid into the Bond Retirement Fund. Any “financing costs” as defined in Section 133.01(K) of the Ohio Revised Code, relating to the Notes, including but not limited to the fees and expenses of the City’s bond counsel, financial advisor and Paying Agent, may be paid from the same sources from which debt charges on the Notes and Bonds are paid. Section 8. The par value to be received from the sale of the Bonds or of any renewal notes and any excess funds resulting from the issuance of the Notes shall, to the extent necessary, be used to pay the debt charges on the Notes at maturity and are pledged for that purpose. Section 9. During the year or years in which the Notes are outstanding, there shall be levied on all the taxable property in the City, in addition to all other taxes, the same tax that would have been levied if the Bonds had been issued without the prior issuance of the Notes. The tax shall be within the ten-mill limitation imposed by law, shall be and is ordered computed, certified, levied and extended upon the tax duplicate and collected by the same officers, in the same manner, and at the same time that taxes for general purposes for each of those years are certified, levied, extended and collected, and shall be placed before and in preference to all other items and for the full amount thereof. The proceeds of the tax levy shall be placed in the Bond Retirement Fund, which is irrevocably pledged for the payment of the debt charges on the Notes or the Bonds when and as the same fall due. In each year to the extent the income from (i) the City’s waterworks system, including for Projects 2, 3, 9, and 11, and (ii) the City’s storm sewer management system, including for Projects 4 and 7, is available for the payment of the debt charges on the Notes and Bonds and is appropriated for that purpose, the amount of the tax shall be reduced by the amount of the income so available and appropriated. Section 10. The City covenants that it will use, and will restrict the use and investment of, the proceeds of the Notes in such manner and to such extent as may be necessary so that (a) the Notes will not (i) constitute private activity bonds, arbitrage bonds or hedge bonds under Sections 141, 148 or 149 of the Internal Revenue Code of 1986, as amended (the Code) or (ii) be treated other than as bonds to which Section 103(a) of the Code applies, and (b) the interest on the Notes will not be an item of tax preference under Section 57 of the Code. The City further covenants that (a) it will take or cause to be taken such actions that may be required of it for the interest on the Notes to be and remain excluded from gross income for federal income tax purposes, (b) it will not take or authorize to be taken any actions that would adversely affect that exclusion, and (c) it, or persons acting for it, will, among other acts of compliance, (i) apply the proceeds of the Notes to the governmental purpose of the borrowing, (ii) restrict the yield on investment property, (iii) make timely and adequate payments to the federal government, (iv) maintain books and records and make calculations and reports and (v) refrain from certain uses of those proceeds, and, as applicable, of property financed with such proceeds, all in such manner and to the extent necessary to assure such exclusion of that interest under the Code. The City hereby represents that the Outstanding Notes (the Refunded Obligation) were designated or deemed designated, and qualified, as a “qualified tax-exempt obligation” under Section 265(b)(3) of the Code. The City hereby covenants that it will redeem the Refunded Obligation from proceeds of, and within 90 days after issuance of, the Notes, and represents that all other conditions are met for treating the amount of the Notes not in excess of the principal amount of the Refunded Obligation outstanding immediately prior to the redemption of the Refunded Obligation as “qualified tax-exempt obligations” without necessity for further designation and as not to be taken into account under subparagraph (D) of Section 265(b)(3) of the Code pursuant to subparagraph (D)(ii) of Section 265(b)(3) of the Code. The amount of the Notes (such amount being the issue price of the Notes less accrued interest, if any, as determined under the Code) in excess of the principal amount of the Refunded

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Obligation that is outstanding immediately prior to the redemption of the Refunded Obligation, if any, is hereby designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code. In that connection, the City hereby represents and covenants that it, together with all its subordinate entities or entities that issue obligations on its behalf, or on behalf of which it issues obligations, in or during the calendar year in which the Notes are issued, (i) have not issued and will not issue tax-exempt obligations designated as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the Code, including the aforesaid amount of the Notes, in an aggregate amount in excess of $10,000,000, and (ii) have not issued, do not reasonably anticipate issuing, and will not issue, tax-exempt obligations (including the aforesaid amount of the Notes, but excluding obligations, other than qualified 501(c)(3) bonds as defined in Section 145 of the Code, that are private activity bonds as defined in Section 141 of the Code and excluding refunding obligations that are not advance refunding obligations as defined in Section 149(d)(5) of the Code to the extent that the amount of the refunding obligations does not exceed the outstanding principal amount of the refunded obligations) in an aggregate amount exceeding $10,000,000, unless the City first obtains a written opinion of nationally recognized bond counsel that such designation or issuance, as applicable, will not adversely affect the status of the Notes as “qualified tax-exempt obligations.” Further, the City represents and covenants that, during any time or in any manner as might affect the status of the Notes as “qualified tax-exempt obligations,” it has not formed or participated in the formation of, or benefitted from or availed itself of, any entity in order to avoid the purposes of subparagraph (C) or (D) of Section 265(b)(3) of the Code, and will not form, participate in the formation of, or benefit from or avail itself of, any such entity. The City further represents that the Notes are not being issued as part of a direct or indirect composite issue that combines issues or lots of tax-exempt obligations of different issuers. The Director of Finance, as the fiscal officer, or any other officer of the City having responsibility for issuance of the Notes is hereby authorized (a) to make or effect any election, selection, designation, choice, consent, approval, or waiver on behalf of the City with respect to the Notes as the City is permitted to or required to make or give under the federal income tax laws, including, without limitation thereto, any of the elections provided for in Section 148(f)(4)(C) of the Code or available under Section 148 of the Code, for the purpose of assuring, enhancing or protecting favorable tax treatment or status of the Notes or interest thereon or assisting compliance with requirements for that purpose, reducing the burden or expense of such compliance, reducing the rebate amount or payments or penalties, or making payments of special amounts in lieu of making computations to determine, or paying, excess earnings as rebate, or obviating those amounts or payments, as determined by that officer, which action shall be in writing and signed by the officer, (b) to take any and all other actions, make or obtain calculations, make payments, and make or give reports, covenants and certifications of and on behalf of the City, as may be appropriate to assure the exclusion of interest from gross income and the intended tax status of the Notes, and (c) to give one or more appropriate certificates of the City, for inclusion in the transcript of proceedings for the Notes, setting forth the reasonable expectations of the City regarding the amount and use of all the proceeds of the Notes, the facts, circumstances and estimates on which they are based, and other facts and circumstances relevant to the tax treatment of the interest on and the tax status of the Notes. Each covenant made in this section with respect to the Notes is also made with respect to all issues any portion of the debt service on which is paid from proceeds of the Notes (and, if different, the original issue and any refunding issues in a series of refundings), to the extent such compliance is necessary to assure exclusion of interest on the Notes from gross income for federal income tax purposes, and the officers identified above are authorized to take actions with respect to those issues as they are authorized in this section to take with respect to the Notes. Section 11. The Clerk of Council is directed to deliver a certified copy of this Ordinance to the County Auditor. Section 12. This Council determines that all acts and conditions necessary to be done or performed by the City or to have been met precedent to and in the issuing of the Notes in order to make them legal, valid and binding general obligations of the City have been performed and have been met, or will at the time of delivery of the Notes have been performed and have been met, in regular and due form as required by law; that the full faith and credit and general property taxing power (as described in Section 9) of the City are pledged for the timely payment of the debt charges on the Notes; and that no statutory or constitutional limitation of indebtedness or taxation will have been exceeded in the issuance of the Notes. Section 13. This Council finds and determines that all formal actions of this Council and 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 any of its committees that resulted in those formal actions were in meetings open to the public, all in compliance with the law. Section 14. This Ordinance is declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and general welfare of the inhabitants of the City, and for the further reason that this Ordinance must be immediately effective so that the

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Notes can be delivered at the earliest possible date to make their proceeds available to enable the City to timely refund the Outstanding Notes, and thereby preserve its good credit; wherefore, this Ordinance shall be in full force and effect immediately upon its passage. PASSED: _____________________________ Paul W. Hach, II President of Council ATTEST: _________________________ Valerie Vargo Clerk of Council

Document #010-8340-3159

City of Painesville Various Purpose Notes, Series 2018 2017

Project Number

Project Name Projet Description 2017 Principal Amount

2018 Principal Amount

2018 Pay Down Fund Other Funding Sources

Originally Issued

Bonds Maximum Maturity

Notes Maximum Maturity

1 Water Plant Improvement

to pay additional costs of replacing a water filter at the City’s water plant

45,000$ -$ 45,000$ 712 City's waterworks

system

3/24/2005 32 3/24/25

2 Chestnut Street Storage Tank

to pay costs of rehabilitating and improving the Chestnut Street water storage tank

106,944$ 90,444$ 16,500$ 712 City waterwork's

system

3/22/2006 8 3/22/26

3 Water Line to pay costs of replacing a water line in Elm Street, together with all appurtenances thereto

119,385$ 105,315$ 14,070$ 712 City's waterworks

system

3/20/2007 34 3/20/27

4 Storm Water Management

to pay costs of improving the City’s Storm Water Management System by constructing and installing

-$ -$ 760 City's Storm Sewer

Management System

3/20/2007 34 2/20/27

storm sewer lines, detention basins 47,018$ 32,084$ 14,934$ 760 3/20/2007 and inlet basins, together with all 55,000$ 50,000$ 5,000$ 760 3/20/2007

5 Street Resurfacing - 2008

to pay costs of resurfacing portions of Nelson Street, East Main Street and

84,323$ 60,822$ 23,501$ 201 3/18/2008 10 3/18/28

Nelson Street Resurfacing

certain City streets to be approved by 48,600$ -$ 48,600$ 201 3/18/2008

East Main Street Improvements

City Council, together with all work incidental thereto

162,730$ 140,095$ 22,635$ 201 3/18/2008

6 Fleet Procurement 2 1/2 ton dump truck with snow plow 60,500$ 55,000$ 5,500$ 201 3/18/2008 5 3/18/23

7 North Avenue Storm Sewer 55,860$ 37,240$ 18,620$ 760 3/11/2010 37 3/11/30

Annual Storm Water Capital Improve. 34,140$ -$ 34,140 760 City's Storm Sewer

Management System

3/11/2010

8

Mentor Avenue and Jackson

Street Improvement

to pay costs of replacing sanitary sewer liners in Mentor Avenue, Jackson Street and at select railroad crossing locations

22,000$ -$ 22,000$ 722 City's

sewerage system

3/22/2006 33 3/22/2026

9 Water System to pay costs of relocating water mains along State Route 86 and Auburn Road, together with any

93,500$ 84,000$ 9,500 712 City's

Waterworks System

11/15/2005 32 11/15/2025

10 Water System Refunding Water GO Bonds that were issued in 1998 250,000$ -$ 250,000 710 City will pay

down at least $250,000 a

year 10 12/1/2018

11 Water Lines Water lines 75,000$ 65,000$ 10,000$ 712 water revs 8/12/2009 36 8/12/2029

12 Shamrock Bridge & Brookstone Blvd. Sanitary Sewer Pump Station 340,000$ 280,000$ 60,000$ 231 TIF Revenues 8/2/2012 39 8/2/2032

Storm Water Mgmt.

Document #010-8340-3159

City of Painesville Various Purpose Notes, Series 2018 2017

Project Number

Project Name Projet Description 2017 Principal Amount

2018 Principal Amount

2018 Pay Down Fund Other Funding Sources

Originally Issued

Bonds Maximum Maturity

Notes Maximum Maturity

1,600,000$ 1,000,000$ 600,000$

Originally Part of the November Issuance. Moved to be part of the March 2012 Issuance to save issuance costs.Originally Part of the August Issuance. Moved to be part of the March 2015 Issuance to save issuance costs.

ORDINANCE NO. —

AN ORDINANCE ENACTING SECTION 933.191 OF THE PAINESVILLE CODE OF 1998, RELATING TO EXTENDING THE WATER SYSTEM INFRASTRUCTURE IMPROVEMENT FEE AND DECLARING AN EMERGENCY

WHEREAS, the City Council has identified a significant need and safety concern to make

improvements to the Water System infrastructure; and

WHEREAS , the current resources are not adequate to meet the needs outlined by the City Administration to maintain the quality, safety and integrity of the water system. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL of the City of Painesville, Lake County, Ohio: SECTION I. That Section 933.191 of the Painesville Code of 1998 is hereby enacted to read as follows: 933.191 Infrastructure Improvement Fee

For the purposes of maintaining and making capital improvements to the Water Distribution System and the Water Plant, the City Manager is hereby authorized and directed to charge and collect monthly an Infrastructure Improvement Fee effective July 1, 2011 based on the following:

Infrastructure Fee: shall be paid by all customers for meters that provide water supply, fire suppression systems, back-up service, deductible meters, and air conditioning meters. Sprinkler meters shall be exempt.

Meter size (inches) Monthly Charge

5/8 $8.00

1 $9.00

I-1/4 $50.00

1-1/2 $75.00

2 $100.00 3 $120.00

4 $150.00

6 and above $175.0

All such fees shall be collected solely for the improvement of the system. Said fee shall terminate June 30, 2026 December 31, 2039

SECTION It. That this Ordinance is passed as an emergency measure for the protection and preservation of the peace, health, safety and general welfare of the inhabitants of the City of Painesville, the emergency being the immediate necessity to facilitate the maintenance of the Water System infrastructure, and therefore, this Ordinance shall be effective immediately upon its passage.

PASSED:

EFFECTIVE DATE:

__________________________________________ Paul Hach, II President of Council ________________________________________ Valerie Vargo Clerk of Council

Documents

Ordinance -2017 ORDINANCE TO ENACT CHAPTER 734 OF THE