City Council

City of Middleburg Heights, Ohio Council Agenda October 14,2025 6:00 P.M. REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE Minutes of the Regular Meeting of September 23,2025 Minutes of the Executive Session of September 23,2025 COMMUNICATIONS AUDIENCE PARTICIPATION APPOINTMENTS AND CONFIRMATIONS ORDINANCES. RESOLUTIONS AND MOTIONS 1. City Parks, Recreation & Services Committee - Mr. Ali, Chairman 2. Finance, Taxation & Assessments Committee - Mr. Bortolotto, Chairman 3. Legislation & Rules Committee — Mr. Zakel, Chairman 4. Public Health, Safety & Relief Committee - Mr. McGregor, Chairman 5. Public Improvements Committee - Mr. Sage, Chairman 6. Streets, Utilities & Railroad Committee - Mr. Meany, Chairman 7. Zoning & Building Code Committee - Mr. Ference, Chairman MAYOR’S REPORT 1. Law Director 2. Finance Director 3. Recreation Director 4. Economic Development Director 5. Service Director ADJOURNMENT  City of Middleburg Heights, Ohio OCTOBER 14,2025 Council Agenda PAGE 2 UN-NUMBERED LEGISLATION INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance to make supplemental appropriations for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO A Resolution authorizing the mayor and finance director to renew the contract with the Cuyahoga County General Health District for Public Health Services. INTRODUCED BY COUNCIL PRESIDENT BORTOLOTTO An Ordinance providing for the issuance and sale of not to exceed $2,100,000 of notes, in anticipation of the issuance of bonds, for the purpose of paying costs of reconstructing, resurfacing, grading, draining, paving and curbing Smith Road including constructing related sidewalks, water lines and related water supply facilities, sanitary sewers and related sanitary facilities, storm sewers and related drainage facilities, installing signage and traffic signalization, and relocating existing utilities as necessary, together with the necessary related improvements and appurtenances thereto, as designated in the plans approved or to be approved by council, and declaring an emergency. INTRODUCED BY MAYOR CASTELLI A Resolution accepting the FY2024 Assistance to Firefighters Grant from the U.S. Department of Homeland Security. X  DELIVERED OCT 09 Z025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced bv: Mr, Bortoiotto, Mn Meanv. and Mr. Ference AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR CURRENT EXPENDITURES AND EXPENSES FOR THE CITY OF MIDDLEBURG HEIGHTS FOR THE CALENDAR YEAR 2025 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, CUYAHOGA COUNTY, STATE OF OHIO: Section 1. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025, the following sums be appropriated from the General Fund: Increase Description (Decrease) General Govt - Misc. Contr. Services - TMS Bagley Rd. Corridor Systems Analysis $ 32,690.00 Law - HR Consulting Fees $ 50,000.00 Total Increase to the General Fund 82,690.00 Section 2. That in order to provide for current expenditures and expenses for the City of Middleburg Heights for the calendar year 2025, the following sums be appropriated from the Capital Imp. Fund: Increase Description (Decrease) Facility Maintenance - Capital - City Hall Security Improvements 55,000.00 Gen. Gov’t - Capital - Southland Redevelopment (Sears Demo change orders) 198,000.00 Gen. Gov’t - Capital - Southland Redevelopment (Burlington Demo change order) 187,300.00 Service - Capital - Mechanic's Diagnostic Scan Tool (net of trade) $ 9,000.00 Total Increase to the Capital Imp. Fund 449,300.00 Section 3. That it is hereby found and determined that all formal actions of this council concerning and relating to the passage of this ordinance were adopted in an open meeting of this council, and that all deliberations of this council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements including chapter 107 of the Codified Ordinances and section 121.22 of Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE ZAKEL  DELIVERED OCT 0 9 2025 City of Middleburg Heights, Ohio Ordinance No. 2025- Introduced bv: Mr. Bortolotto, Mr. Meanv. and Mr. Ference A RESOLUTION AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO RENEW THE CONTRACT WITH THE CUYAHOGA COUNTY GENERAL HEALTH DISTRICT FOR PUBLIC HEALTH SERVICES WHEREAS, Chapter 3709 of the Ohio Revised Code stipulates that each city in the State of Ohio must provide health services either through a city health district or by a valid contract with the county health district; and WHEREAS, the City has continued to have a valid contract with the Cuyahoga County General Health District as required by Ohio law; and WHEREAS, the City’s contract with the Cuyahoga County General Health District for Public Health Services will expire on December31, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO, AS FOLLOWS: Section 1: That the Mayor and Finance Director are hereby authorized to enter into a contract with the Cuyahoga County General Health District for providing public health services from January 1, 2026, through December 31, 2027, in the amount of $143,396.00 for calendar year 2026 and $160,680.00 for calendar year 2027, a copy of which is attached hereto and marked “Exhibit A”. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. PASSED PRESIDENT OF COUNCIL ATTEST: CLERK OF COUNCIL PRESENTED TO MAYOR APPROVED ON: YEAS NAYS BORTOLOTTO ALI MAYOR SAGE MEANY MCGREGOR FERENCE ZAKEL  PUBLIC HEALTH SERVICES AGREEMENT (City with a General Health District - Authority—Sec. 3709.08 O.R.C.) This Agreement is entered into on the 1®* day of January, 2026 (“Effective Date”) by and between the Cuyahoga County Board of Health (the "Board"), a separate political subdivision of the State of Ohio organized under the Constitution and Laws of the State of Ohio, and the City of Middlebut^ Heights, a political subdivision, with its principal office located at 15700 E. Bagley Road Middleburg Heights, Ohio 44130 (the “City”), for and in consideration of the promises, covenants, and conditions hereinafter set forth. WHEREAS, Cuyahoga County Board of Health is a general health district as defined under Ohio Revised Code (ORC) Section 3709.01 and is endowed with all of the statutory and other authority granted to it by reason of the Ohio Statutes as amended from time to time by the State Legislature; and WHEREAS, the City has continued to have a city public health district as required by Ohio law; and WHEREAS, pursuant to ORC Section 3709.01, each city in the State constitutes a health district and each county is a "general health district," and as provided for in ORC Sections 3709.051, 3709.07, and 3709.10, there may be a union of a general health district and a city health district; and WHEREAS, ORC Section 3709.08 authorizes cities and villages in Cuyahoga County to enter into an Agreement with the Cuyahoga County General Health District on certain terms and conditions; and WHEREAS, the District Advisory Council of the Cuyahoga County General Health District. creaipH hv ORC 3709.03, after giving due notice by publication as required by law, held a public meeting on March 20,2025 at which by a majority vote of members representing the townships and villages of said county, did vote affirmatively on the question of providing public health services to the cities in Cuyahoga County, and did authorize the Chairman of the District Advisory Council to enter into an Agreement with the Mayor of the City for providing public health services therein; and WHEREAS, the Board is engaged in the governance of providing public health services as described in this Agreement, has the knowledge, skill, and resources to provide such services, and desires to perform such services for or on behalf of the Board for the City; and WHEREAS, the City is willing to enter into an Agreement with the Board to provide such services in accordance with the terms and conditions of Ohio law and this Agreement. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: 1. EFFECTIVE DATE, TERM AND TERMINATION. (a) Effective Date, Term. This Agreement shall commence on the Effective Date first stated above and shall continue through December 31,2027, unless earlier terminated pursuant to Section 1(b). (b) Termination. This Agreement may be terminated upon the occurrence of one of the following events: (i) Failure for any reason of the either party to fulfill its obligations under this Agreement, after written notice is provided by the non-breaching party of such failure providing at least ninety (90) days for the breaching party to correct any such failure, and if such failure is not corrected within said period, the non-breaching party may give written notice of immediate termination; Page I of7  (ii) Upon nine (9) months written notice, or on or before April I of the year prior to termination by either party for any reason. 1. THE SERVICES. (a) Scope of Services. Subject to the terms and conditions contained in this Agreement and its exhibits, the Board will provide to the City and, as applicable, to all persons receiving the direct services provided for herein, the Services that are set forth and described in the Scope of Work (SOW) attached as Exhibit A, which Exhibit is incorporated herein. (b) Unless otherwise agreed by the Parties in writing, all transactions for Services through Board will be provided in accordance with the provisions of Ohio law and/or this Agreement, including any revisions of the same, as both Parties may from time to time execute to document the addition, revision, or enhancement of Services. (c) Standard of Performance of Services. The Board will devote such time and will use its best efforts as necessary to perform the Services in a professional manner that: (i) is consistent with the standards of its industry and in a good and workmanlike manner, and (ii) utilizes the care, skill, and diligence normally applied by other similar boards of health in the performance of services similar to the Services. id) The City shall provide suitable space for the Board employees who make regular visits to the City on a daily or weekly basis. 2. PAYMENT. (a) Compensation. Compensation is based on the ten (10) year census population estimate for the City and a per capita rate established by the Board. The per capita rate is the same rate applied to all Villages, Townships in the general health district as well as for all cities that enter into a Public Health Services Agreement with the Board. The most recent ten (10) year census for population in the City dated September 2021, is 16,004 residents. The current per capita rate established by the Board is $8.96 per capita for calendar year 2026 and $10.04 per capita for calendar year 2027. The total amount due based on the per capita rate will be One hundred and forty-three thousand three hundred and ninety-six dollars ($143,396.00) for calendar year 2026 and be One hundred and sixty thousand, six hundred and eighty dollars ($ 160,680.00) for calendar year 2027. The Board reserves the right to change its per capita rate, as considered on an annual basis, based on current economic conditions and public health needs. In the event that the Board votes to make a change in the per capita rate, said change shall be limited to annual rates effective on January 1 for the following calendar year. The Board shall provide notice of the change in the per capita rate for the coming calendar year on or before October 31st of the current calendar year. (b) In consideration for the health services described in Exhibit A, which will be provided by the Board to and within the City, the City shall pay to the Board the total annual sum One hundred and forty-three thousand three hundred and ninety-six dollars ($143,396.00) for calendar year 2026 and the total annual sum of One hundred and sixty thousand, six hundred and eighty dollars ($160,680.00) for calendar year 2027. The City hereby directs the Fiscal Officer of Cuyahoga County to place to the credit of the Board and the Fiscal Office of Cuyahoga County is hereby authorized and directed to deduct the sum stated above in equal, semi-annual installments of Seventy-one thousand, six hundred and ninety-eight dollars ($71,698.00) from the regular property tax settlement to be made for said City for calendar year 2026 and Eighty thousand, three hundred and forty dollars ($80,340.00) from the regular property tax settlement to be made for said City for calendar year 2027. Page 2 of 7 4. RECORDS. (a) The Board shall maintain copies of all records created or received by the Board in the performance of the work under this Agreement as required by Ohio’s public records law. Any records created or received as a part of this Agreement shall be made available to the City upon request subject to exceptions listed below. (b) Any non-private health information in confidential records or information in the records created by the Board or that come into the possession of the Board under this Agreement shall, if provided to the City, be kept confidential by the City. (c) The Board is prohibited by State and Federal law from sharing protected health information and said records will not be shared with the City unless there is compliance with the proper method for release of said information. 5. NO ASSIGNMENT, TRANSFER, OR SUBAGREEMENT. In performing the services specified under the terms of this Agreement, the Board shall not assign, transfer, or delegate any of the work or services, nor subcontract the work out to any other entity, nor shall any subcontractor commence performance of any part of the work or services included in this Agreement, unless such subcontracting is specified in this Agreement or its Exhibits, or unless prior written consent is provided by the City. 6. INDEPENDENT AGREEMENT. (a) The Board hereby acknowledges that it is an independent contractor and neither it nor its employees or agents are employees of the City. The Board shall be responsible for the payment or withholding of any federal, state or local taxes, including, but not limited to, income, unemployment, and workers’ compensation for its employees, and the City will not provide, or contribute to any plan which provides for benefits, including but not limited to unemployment insurance, workers’ compensation, retirement benefits, liability insurance or health insurance. All individuals employed by the Board provide personal services to the City are not public employees of the City under Ohio state law. (b) No agency, employment, joint venture or partnership has been or will be created between the parties pursuant to the terms and conditions of this Agreement. Inasmuch as the City is interested in the Board’s end product, the City does not control the manner in which the Board performs this Agreement. 7. NOTICES. All notices, invoices and correspondence which may be necessary or proper for either party shall be addressed as follows: TO THE BOARD: Cuyahoga County Board of Health Attention: Roderick Harris, Health Commissioner 5550 Venture Drive Parma, Ohio 44130 TO THE CITY: City of Middleburg Heights Attention: Mayor Matthew Castelli 15700 E. Bagley Road Middleburg Heights, Ohio 44130 Page 3 of7  And City of Middleburg Heights Attention: Director of Law 15700 E. Bagley Road Middleburg Heights, Ohio 44130 5. EFFECT OF ELECTRONIC SIGNATURE By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, including, without limitation, that all documents requiring signatures by the parties may be executed by electronic means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic transactions. 6. APPLICABLE LAW AND VENUE Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself or arising from alleged extra contractual facts prior to, during, or subsequent to the Agreement, including without limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the Agreement, will be governed by, construed, and enforced in accordance with the Laws of the State of Ohio, without regard to the conflict of laws or the legal theory upon which such matter is asserted. 7. SEVERABILITY. If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the validity of the other provisions of this Agreement. Moreover, any provisions that should survive the expiration or termination will survive the expiration or termination of this Agreement. 8. AMENDMENT This Agreement shall not be modified except by the express written consent by both parties hereto. 9. WAIVER. Waiver by either party or the failure by either party to claim a breach of any provision of this Agreement shall not be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof. 10. FORCE MAJEURE. Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, war or any cause outside the party's reasonable control. II. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed to be an original copy, and all of which together shall constitute one Agreement binding on all parties hereto, notwithstanding that all the parties shall not have signed the same counterpart. Page 4 of 7 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all prior and contemporaneous agreements, representations or understandings, whether written or oral, as to the same. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representative to be effective as of the Effective Date as specified in Section 1 of this Agreement. FOR THE BOARD: Approved as to form. Cuyahoga County Board of Health Office of General Counsel Mayor David Smith By: President District Advisory Council Date: Date: FOR THE CITY: Approved as to form. By: Mayor Matthew Castelli Director of Law Date: Date: Page 5 of7  EXHIBIT A SCOPE OF WORK The General Health District of Cuyahoga County, Ohio, hereby agrees to provide health services for the City of Middieburg Heights for the calendar years 2026 and 2027 as set forth below (“Services”)- The Board shall have full authority to be and act as the public health authority for the City. The Services described in the schedule listed below in this Exhibit will be provided by the District Board of Health of Cuyahoga County (“Board”) to the City. The Services will include all necessary medical, nursing, sanitary, laboratory and such other health services as are required by the Statutes of the State of Ohio. Air pollution enforcement services, as described in Chapter 3704 of the Ohio Revised Code (“ORC”), will be conducted through the designated agent, the Cleveland Division of Air Pollution Control, not by the Board. This authorization is contingent upon renewal of the Agreement between the Ohio EPA and the City of Cleveland and satisfactory performance of the Agreement terms and conditions regarding air pollution control in Cuyahoga County. The Board of Health reserves the right to alter, modify or amend this Agreement provision with notice to the City. The following specific services shall be a part of the Services provided under this Agreement: List of Functions, Programs and Services Animal Control and Shelter: Rabies Surveillance - Animal bite follow up Environmental Health - State Programs: Food Service Operation Licensing/ Inspection/Education Retail Food Establishment Licensing & Inspection. School Facilities Inspection Smoke Free Workplace Enforcement Public Swimming Pool & Spa Licensing & Inspection Tattoo & Body Piercing Enforcement Temporary Park Camp Licensing/Inspection/Enforcement Clean Indoor Air Regulation - complaint based response Home Day Care Inspections - USDA Inspections Only/Fee for Service Nuisance & Vector Control Residential Housing/Commercial Building Inspection - complaint based response Solid Waste Enforcement West Nile Virus Prevention/Mosquito Control Animal Venue Licensing/Inspection/Enforcement Emergency Preparedness: Public Health Emergency Preparedness (PHEP) Planning and Cities' Readiness Initiative activities Emergency Management Committee - participation Page 6 of7 ' ./ ● Development of Local Emergency Response Plan - participation Community Outreach and Education Northeast Ohio Regional Public Health Partnership - participation Epidemiology, Surveillance, Investigation Services: Reportable Infectious Disease investigation and follow-up (excluding HIV/AIDS; STD; TB) Disease Outbreak Management Regional Infection Control Committee - participation NEO Regional. Epidemiology Response Team - participation Health Promotion: (As Appropriate) Immunization Program: Childhood and Adult Vaccine Administration Services - Fee for Service. Most insurance accepted, by appointment. Charges may be waived for inability to pay. Seasonal Influenza vaccine clinics - Fee for Service, most insurance accepted. Immunize Ohio- participation Jail Inmate Health Services: Jail Inspection - provided once annually Lead Poisoning Prevention: Pediatric blood lead testing - Fee for Service. Charges may be waived for inability to pay Case management Environmental Assessment - Limited fee for service Community Education and Outreach Greater Cleveland Healthy Homes Advisory Council Occupational Health: Immunizations and Tuberculosis screenings - Fee for Service Bureau for Children with Medical Handicaps (BCMH) Public Health Nursing Services Administrative Services: Administration Grant Writing & Management Budget Records Management Accounts Payable, Accounts Receivable Data Entry & Program Management Reports - Financial & Statistical Payroll The Board maintains a range of grant funded programs for citizens throughout the County who are income qualified. THE BOARD RESERVES THE RIGHT TO AMEND THIS EXHIBIT AT ANYTIME. Page 7 of 7  DELIVERED OCT 0/9 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Ordinance No. 2025- Introduced by: Mr. Bortolotto. Mr. Meanv. and Mr. Ference AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $2,100,000 OF NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF RECONSTRUCTING, RESURFACING, GRADING, DRAINING, PAVING AND CURBING SMITH ROAD INCLUDING CONSTRUCTING RELATED SIDEWALKS, WATER LINES AND RELATED WATER SUPPLY FACILITIES, SANITARY SEWERS AND RELATED SANITARY FACILITIES, STORM SEWERS AND RELATED DRAINAGE FACH.ITIES, INSTALLING SIGNAGE AND TRAFFIC SIGNALIZATION, AND RELOCATING EXISTING UTILITIES AS NECESSARY, TOGETHER WITH THE NECESSARY RELATED IMPROVEMENTS AND APPURTENANCES THERETO, AS DESIGNATED IN THE PLANS APPROVED OR TO BE APPROVED BY COUNCIL, AND DECLARING AN EMERGENCY. WHEREAS, pursuant to Ordinance No. 2024-82, passed on October 8, 2024, there were issued $4,780,000 Street Improvement Notes, Series 2024 (the Outstanding Notes), in anticipation of bonds for the purpose stated in Section 1, which Outstanding Notes mature on November 26,2025; and WHEREAS, this Council finds and determines that the City should retire the Outstanding Notes with the proceeds of the Notes described in Section 3 and other funds available to the City; and WHEREAS, the Director of Finance, as fiscal officer of the City, has certified to this Council that the estimated life or period of usefulness of the improvement described in Section 1 is at least five years, the estimated maximum maturity of the Bonds described in Section 1 is at least 20 years and the maximum maturity of the Notes described in Section 3, to be issued in anticipation of the issuance of the Bonds, is November 26, 2044; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, COUNTY OF CUYAHOGA, STATE OF OHIO, THAT: Section 1. Authorized Principal Amount of Anticipated Bonds and Purpose. It is necessary to issue bonds of the City in an aggregate principal amount not to exceed $2,100,000 (the Bonds) for the purpose of paying costs of reconstructing, resurfacing, grading, draining, paving and curbing Smith Road including constructing related sidewalks, water lines and related water supply facilities, sanitary sewers and related sanitary facilities, storm sewers and related drainage facilities, installing signage and traffic signalization, and relocating existing utilities as necessary, together with the necessary related improvements and appurtenances thereto, as designated in the plans approved or to be approved by Council. Section 2. Estimated Bond Terms. The Bonds shall be dated approximately November 1,2026, shall bear interest at the now estimated rate of 6% per year, payable semiannually until the principal amount is paid, and are estimated to mature in 20 annual principal installments on December 1 of each year that are in such amounts that the total principal and interest payments on the Bonds in any fiscal year in which principal is payable are substantially equal. The first interest payment on the Bonds is estimated to be June 1,2027, and the first principal payment of the Bonds is estimated to be December 1,2027. Section 3. Authorized Principal Amount of Notes: Dating; Interest Rate. It is necessary to issue and this Council determines that notes in an aggregate principal amount not to exceed $2,100,000 (the Notes) shall be issued in anticipation of the issuance of the Bonds and to retire, together with other funds available to the City, the Outstanding Notes. The Notes shall be dated the date of issuance and shall mature one year from the date of issuance; provided that the Director of Finance may, if it is determined to be necessary or advisable to the sale of the Notes, establish a maturity date that is any date not later than one year from the date of issuance by setting forth that maturity date in the certificate awarding the Notes and signed in accordance with Section 6 (the Certificate of Award). The Notes shall bear interest at a rate not to exceed 6% per year (computed on the basis of a 360-day year consisting of 12 30-day months), payable at maturity and until the principal amount is paid or payment is provided for. The aggregate principal amount of and rate of interest on the Notes shall be determined by the Director of Finance in the Certificate of Award. Section 4. Payment of Debt Charges: Paving Agent. The debt charges on the Notes shall be payable in lawful money at the office of the Director of Finance (the Paying Agent). Section 5. Execution of Notes: Book Entry System. The Notes shall be signed by the Mayor 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. The entire principal shall be represented by a single note, which shall not have coupons attached, shall be numbered as determined by the Director of Finance and shall express upon its face the purpose, in summary terms, for which it is being issued and that it is issued pursuant to this Ordinance. Section 6. Sale of the Notes. The Notes are offered at a purchase price, not less than par, as shall be determined by the Director of Finance, plus any accrued interest, to the Treasury Investment Board of the City for investment under Section 731.56 of the Revised Code and the City’s Codified Ordinances. Any Notes not purchased by the Treasury Investment Board shall be sold at not less than 100% of par plus accrued interest at private sale by the Director of Finance in accordance with law and the provisions of this Ordinance. The Director of Finance shall 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 Mayor, 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 any transcript certificates, financial statements 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. 2  The expenditure of the amounts necessary to pay financing costs (as defined in Section 133.01 of the Revised Code) in connection with the Notes is authorized and approved, and the Director of Finance is authorized to provide for the payment of such costs from the proceeds of the Notes to the extent available and otherwise from any other funds lawfully available that are appropriated or shall be appropriated for that purpose. Section 7. Application of Note Proceeds. 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. Section 8. Application and Pledge of Bond or Renewal Note Proceeds or Excess Funds. 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. Provisions for Tax Lew. 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 money from the municipal income tax 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 money so available and appropriated in compliance with the covenant hereinafter set forth. To the extent necessary, the debt charges on the Notes and Bonds shall be paid from municipal income taxes lawfully available therefor under the Constitution and laws of the State of Ohio; and the City hereby covenants, subject and pursuant to such authority, including particularly Sections 133.05(B)(7) and 5705.51(A)(5) and (D) of the Revised Code, to appropriate annually from such municipal income taxes such amount as is necessary to meet such annual debt charges. Nothing in this Section in any way diminishes the pledge of the full faith and credit and property taxing power of the City to the prompt payment of the debt charges on the Notes and Bonds. Section 10. Certification and Delivery of Ordinance and Certificate of Award. The Clerk of Council is directed to deliver or cause to be delivered a certified copy of this Ordinance and a copy of the signed Certificate Award to the Cuyahoga County Fiscal Officer. 3 Section 11. Satisfaction of Conditions for Note Issuance. 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 12. Retention of Bond Counsel. The legal services of Squire Patton Boggs (US) LLP, _ as bond counsel, be and are hereby retained. The legal services shall be in the nature of legal advice and recommendations as to the documents and the proceedings in connection with the issuance and sale of the Notes and the rendering of the necessary legal opinion upon the delivery of the Notes. In rendering those legal services, as an independent contractor and in an attorney-client relationship, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those legal services and shall be reimbursed for the actual out-of- pocket expenses it incurs in rendering those legal services. The Director of Finance is authorized to provide for the payment of those fees and any reimbursements from the proceeds of the Notes to the extent available and otherwise is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section 13. Retention of Municipal Advisor. The services of MAS Financial Advisory Services LLC, as municipal advisor, be and are hereby retained. The municipal advisory services shall be in the nature of financial advice and recommendations in connection with the issuance and sale of the Notes. In rendering those municipal advisory services, as an independent contractor, that firm shall not exercise any administrative discretion on behalf of the City in the formulation of public policy, expenditure of public funds, enforcement of laws, rules and regulations of the State, the City or any other political subdivision, or the execution of public trusts. That firm shall be paid just and reasonable compensation for those municipal advisory services and shall be reimbursed for the actual out-of-pocket expenses it incurs in rendering those municipal advisory services. The Director of Finance is authorized to provide for the payment of those fees and any reimbursements from the proceeds of the Notes to the extent available and otherwise is authorized and directed to make appropriate certification as to the availability of funds for those fees and any reimbursement and to issue an appropriate order for their timely payment as written statements are submitted by that firm. Section 14. Compliance with Open Meeting Requirements. 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 its 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 in compliance with the law, including Chapter 107 of the City’s Codified Ordinances and Section 121.22 of the Revised Code. 4 Section 15. Captions and Headings. The captions and headings in this Ordinance are solely for convenience of reference and in no way define, limit or describe the scope or intent of any Sections, subsections, paragraphs, subparagraphs or clauses hereof. Reference to a Section means a section of this Ordinance unless otherwise indicated. Section 16. Declaration of Emergency; Effective Date. This Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the City and for the further reason that this Ordinance is required to be immediately effective in order to sell the Notes at the earliest possible date, which is necessary to make their proceeds available to enable the City to retire the Outstanding Notes and thereby preserve its credit; wherefore, this Ordinance shall be in full force and effect immediately upon its passage and approval by the Mayor. Passed: President of Council Attest: Clerk of Council Approved On: Presented to Mayor: Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel 5  FISCAL OFFICER’S CERTIFICATE TO THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, OHIO: As fiscal officer of the City of Middleburg Heights, Ohio, I certify m connection with yom proposed issue of not to exceed $2,100,000 of notes (the Notes), to be issued in anhcipaUon of the issufflice of bonds (the Bonds), for the purpose of paying costs of reconstructing, resurfacing, grading, draining, paving and curbing Smith Road including constructing related sidewalks, water lines md related water supply facilities, sanitary sewers and related sanitary facilities, ^orm sewers and related drainage facUities, installing signage and traffic signalization, and relocating existing utilities as necessary, together with the necessary related improvements and appurtenances thereto, as designated in the plans approved or to be approved by Council (the improvement), that. 1. The estimated life or period of usefulness of the improvement is at least five years. 2. The estimated maximum maturity of the Bonds, calculated in accordance with Section 133.20 of the Revised Code, is 20 years, being my estimate ofthe life or period ofusefulness of improvements. If and to the extent a portion of the proceeds of the Bonds may be determmed to be allocated to a class or classes having a maximum maturity of less than 20 years but in excess of five years then the maximum maturity of the Bonds would still be at least 20 years by reason of a sufScient portion of the proceeds of the Bonds allocated to a class or classes having a maximum maturity or an estimated period of usefulness in excess of 20 years. If notes in anticipation of the Bonds^ outstanding later than the last day of December of the fifth year followmg the year of issuance of the original issue of notes, the period in excess of those five years shall be deducted from that maximum maturity of the Bonds. 3. The maximum maturity of the Notes is November 26, 2044, which is 20 years from November 26,2024, the date of issuance of the original notes issued for this purpose. Dated: October 14,2025 4 Director oPFinance City of MjMleburg Heights, Ohio  DELIVERED OCT 0 8 2025 CITY OF MIDDLEBURG HEIGHTS, OHIO Resolution No. 2025- Introduced By: Mayor Matthew Castelli A RESOLUTION ACCEPTING THE FY2024 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY WHEREAS, the purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards; and WHEREAS, the City applied for an Assistance to Firefighters Grant (FG) from the U.S. Department of Homeland Security; and WHEREAS, after careful consideration, FEMA has determined that the application submitted was consistent with the Assistance to Firefighters Grant Program’s purpose and was worthy of award; and WHEREAS, the FY2024 Assistance to Firefighter Grant (FG) funding has been approved in the amount of $34,857 in Federal funding, the City is required to contribute non- Federal funds equal or greater than 5.00% of the Federal funds awarded, or $1,742.86 for a total approved budget of $36,600; and WHEREAS, the grant will be used to purchase an Automatic Chest Compression Device (CPR) with hard shell case, applicable straps, battery, charger, power supply, and DC cable, which will replace one currently obsolete device (donated by SWGHC in 2014) increasing the department total to three. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MIDDLEBURG HEIGHTS, STATE OF OHIO. AS FOLLOWS: Section 1: That the U.S. Department of Homeland Security FY2024 Assistance to Firefighters Grant in the amount of $34, 857 is hereby accepted. Section 2: It is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this Resolution were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal actions were in meetings open to the public, in compliance with all legal requirements, including Chapter 107 of the Middleburg Heights Code and Section 121.22 of the Ohio Revised Code. Passed: President of Council Attest: Approved On: Clerk of Council Presented to Mayor:, Mayor Yea Nay Bortolotto Ali Sage Meany McGregor Ference Zakel