CROSS REFERENCES
General powers and duties, Charter § 111
Fixation of utility rates, Charter § 112
Accounts of publicly owned utilities, Charter § 113
Provisions for public utility grants, Charter § 181 et seq.
Water pollution, RC 715.08
Laying pipes in highway, RC 743.23
Recording public utilities documents, CO 113.04
There is hereby established a Division of Cleveland Public Power in the Department of Public Utilities, to be administered and controlled by a Commissioner of Cleveland Public Power, subject to the provisions of the Charter and ordinances of the City and to the supervision and direction of the Director of Public Utilities.
(Ord. No. 2826-90. Passed 1-28-91, eff. 2-5-91)
Note: Pursuant to Section 2 of Ord. No. 2826-90, any references in the Codified Ordinances to Division of Light and Power and Commissioner of Light and Power shall be amended to read Division of Cleveland Public Power and Commissioner of Cleveland Public Power, respectively.
The Commissioner of Light and Power shall have charge and management of all plants owned and operated by the City for the purposes of generating and distributing electric current for the use of the City and its inhabitants, or of others to whom such current may be sold. The Commissioner shall provide general management supervision and the executive direction necessary to control, administer, develop and maintain a reliable and efficient electric power system and all services and functions associated therewith. The Commissioner shall also see that the streets of the City are properly and adequately lighted.
(Ord. No. 1629-73. Passed 1-28-74, eff. 1-28-74)
There is hereby established in the Division of Light and Power, in the Department of Public Utilities, a Bureau of Street Lighting, to be administered and controlled by a Chief of the Bureau of Street Lighting subject to the provisions of the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Utilities.
(Ord. No. 579-68. Passed 4-8-68, eff. 4-10-68) (Board of Control Res. No. 236-68. Adopted 4-24-68)
The Chief of the Bureau of Street Lighting shall determine, within the appropriation made by Council for street lighting, the number, size and location of all street lights and he shall authorize the installation, removal, transfer or relocation of street lights. He shall supervise the lighting of gas lamps in the parks and prepare specifications for contracts for the operation and maintenance of such lights; he shall participate in negotiating all contracts between the City and the privately owned public utilities for street lighting; he shall have authority to make or cause to be made surveys of street lighting when requested to do so by Council. He shall have such other and further duties as may from time to time be required of him by the Director of Public Utilities, the Commissioner of Light and Power or Council.
(Ord. No. 579-68. Passed 4-8-68, eff. 4-10-68) (Board of Control Res. No. 236-68. Adopted 4-24-68)
There is hereby established in the Department of Public Utilities a Division of Water, to be controlled and administered by a Commissioner of Water, subject to the provisions of the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Utilities.
(Ord. No. 2754-89. Passed 12-4-89, eff. 12-11-89)
The Commissioner of Water shall have the charge and management of all assets and facilities owned and operated by the City for the furnishing of water for the use of the City and its inhabitants or for the use of others to whom water may be sold.
(Ord. No. 2754-89. Passed 12-4-89, eff. 12-11-89)
The Director of Public Utilities, either directly or through the proper division established in the Department of Public Utilities, shall manage and supervise the planning, construction, improvement and maintenance of the sewage disposal plants of the City, and manage and supervise the operation and maintenance of the sewer system of the City. The Director or Department shall also manage and supervise all matters relating to the elimination, control or regulation of water pollution in or upon watercourses, rivers, streams or lakes bounding upon or within the City, and enforce all ordinances or regulations relating thereto.
(Ord. No. 1599-65. Passed 6-18-65, eff. 6-21-65)
There is hereby established a Division of Water Pollution Control in the Department of Public Utilities of the City, which shall be administered and controlled by a Commissioner of Water Pollution Control, subject to the provisions of the Charter and ordinances of the City, and to the direction of the Director of Public Utilities.
(Ord. No. 1599-65. Passed 6-18-65, eff. 6-21-65)
The Commissioner of Water Pollution Control shall manage and supervise the disposal of sewage; manage and supervise the operation of such plant as the City may maintain for the treatment and disposal of sewage; cause to be prepared plans, drawings, estimates and engineering specifications necessary for construction and repair of sewers; construct and repair sewers; and have charge of the operation and maintenance of the sewer system of the City, including catch basins, and manage and supervise the elimination, control or regulation of any matter relating to the pollution of watercourses, rivers, streams or lakes bounding upon or within the City.
(Ord. No. 2111-A-69. Passed 3-9-70, eff. 3-11-70)
There is hereby established in the Department of Public Utilities a Division of Utilities Engineering to be administered and controlled by a Commissioner, who shall be known as the Commissioner of Utilities Engineering, subject to the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Utilities.
(Ord. No. 739-48. Passed 5-17-48) (Board of Control Res. No. 568-48. Adopted 6-2-48)
The Commissioner of Utilities Engineering shall administer and supervise the consolidated engineering services of the three divisions of the Department of Public Utilities, including surveys, plans and supervision of construction; plans specifications and design of improvements; records and research and supervision and control of skilled workmen of construction and major maintenance within the Department. He shall perform such other and further duties as may from time to time be required of him by ordinance or by the Director of Public Utilities.
(Ord. No. 739-48. Passed 5-17-48) (Board of Control Res. No. 568-48. Adopted 6-2-48)
There is hereby established in the Department of Public Utilities, a Division of Utilities Fiscal Control, to be administered and controlled by a Commissioner who shall be known as the Commissioner of Utilities Fiscal Control, subject to the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Utilities.
(Ord. No. 739-48. Passed 5-17-48) (Board of Control Res. No. 568-48. Adopted 6-2-48)
The Commissioner of Utilities Fiscal Control shall administer and supervise the fiscal affairs of the Department of Public Utilities generally, except as to such matters specifically placed under the supervision and control of other officers by the Charter, and control the meter readings, stores, billing, collections and other commercial and control functions; supervise in conformity with all Charter requirements the accounts required to be kept for the utilities operations of the Department of Public Utilities or required under the provisions of any indenture of mortgage securing the issuance of bonds for improvements constructed by the Department and perform such other and further duties as may from time to time be required of him by ordinance or by the Director of Public Utilities.
(Ord. No. 739-48. Passed 5-17-48) (Board of Control Res. No. 568-48. Adopted 6-2-48)
There is hereby established in the Department of Public Utilities, a Division of Administrative Services to be under the authority of, and controlled by a Commissioner who shall be the Executive Commissioner of Administration, subject to the Charter and ordinances of the City, and to the supervision and direction of the Director of Public Utilities.
(Ord. No. 2180-73. Passed 12-26-73, eff. 12-26-73) (Board of Control Res. No. 726-73. Adopted 12-19-73)
The Executive Commissioner of Administration shall control and supervise the consolidated functions of the five divisions of the Department of Public Utilities, including consumer service, safety, health, personnel management and training, legislation and employee and labor relations within the Department. any change in duties as enunciated herein and in Section 129.14 shall be subject to approval of Council.
(Ord. No. 2180-73. Passed 12-17-73, eff. 12-26-73)
There is hereby established in the Office of the Director of Public Utilities an Office of Telecommunications to be administered and controlled by the Director of Public Utilities or his designee, subject to the provisions of the Charter and Codified Ordinances of Cleveland, Ohio, 1976, and to the supervision of the Director of Public Utilities. The Director of Public Utilities, or his designee, shall oversee, monitor and regulate cable television systems and fiber optic communications systems operating within the City.
(Ord. No. 2225-93. Passed 11-8-93, eff. 11-10-93)
The Chief of the Bureau of Urban Forestry shall promulgate and enforce rules and regulations for the trimming of trees in the public rights-of-way in the City of Cleveland. All persons or entities, including the City of Cleveland, who own utility poles, wires, or street lighting facilities in the public rights-of-way shall trim trees located in the right-of-way in their respective service areas in accordance with such rules and regulations and in accordance with such schedules as are approved by the Chief of the Bureau of Urban Forestry. The Chief of the Bureau of Urban Forestry may, after notification to the owner of failure to comply with the rules for the regulation of tree trimming and a reasonable time to cure such deficiencies, perform any tree trimming activities which, in the discretion of the Chief of the Bureau of Urban Forestry, are necessary for the public health, safety and welfare. The cost of such services shall be charged to the owner of the facilities.
(Ord. No. 1439-94. Passed 6-18-96, eff. 6-26-96)
Contracts for the service or products of public utilities, providing for payment to the City of the established rates for such service or products may be signed and executed in behalf of the City by any person designated for that purpose by Director of Public Utilities, provided that contracts with other municipal corporations or public authorities for the disposal of sewage by the City and for the furnishing of water by the City to be distributed by or in such other municipal corporation or public authority shall be executed by the Mayor, after the substance of each such proposed contract has been communicated to Council and published in the City Record.
(Ord. No. 63410-A. Passed 9-22-24)
The Director of Public utilities is hereby authorized to enter into and sign contracts for the furnishing to any municipality which has contracted for the supplying of water by the City,either directly with such municipality or through a contractor employed by such municipality for constructing steel reservoirs or water mains, of services for preparation for painting, painting and chlorinating surfaces of newly constructed steel reservoirs, which contracts shall provide for payment to the City for labor and materials furnished, plus fifteen percent.
(Ord. No. 1148-65. Passed 5-17-65, eff. 5-20-65)
The Director of Public Utilities shall have authority to make provision for the payment of utilities bills for products or services of the Department of Public Utilities, through conveniently located branches of banks, savings and loan associations and bonded check cashing agencies. Bonds proffered by check cashing or money order agencies shall be subject to approval of the Director. Such provision for the payment of bills shall provide that no charge shall be made to the City for this service nor to any customer.
(Ord. No. 1501-74. Passed 11-18-74, eff. 11-25-74)
The Director of Public Utilities shall have the authority to accept on behalf of the City, a grant of easement from any person, firm, corporation or political subdivision for the purpose of installing and for maintaining water mains, sewer lines or any other type of utility appurtenances. The Director of Public Utilities is further authorized to release on behalf of the City any easement acquired pursuant to this section no longer needed for the purposes for which it was acquired. All such easements and releases of easements must be approved by the Director of Law and filed with the County Recorder.
(Ord. No. 408-91. Passed 6-17-91, eff. 6-26-91)
The Director of Public Utilities is hereby authorized to enter into contracts with municipalities and other political subdivisions for the billing and collection of sewer charges.
All contracts authorized by this section shall provide for the equitable distribution of the cost of maintaining the City's billing and collection system among all of the municipalities and political subdivisions using the City's billing and collection services.
All contracts authorized by this section shall be prepared by the Director of Law and shall contain such provisions as shall protect the interests of the City, including but not limited to, appropriate hold harmless clauses.
(Ord. No. 831-95. Passed 12-18-95, eff. 12-26-95)
The Director of Public Utilities is authorized to purchase easements, permits, licenses and other interests in real property necessary for the operation of the various divisions of the Department of Public Utilities, provided that the cost of each such easement, permit, license or other interest in real property does not exceed three thousand five hundred dollars ($3,500.00).
(Ord. No. 1548-84. Passed 10-8-84, eff. 10-15-84)
The Director of Public Utilities is authorized to expend funds for membership and other related expenses for employee participation in professional and trade organizations and associations deemed by the Director of Public Utilities to be necessary to the operations of the various Divisions of the Public Utilities Department, including but not limited to membership dues, program registration fees, research, expenses related to participation in professional meetings and events, and other related expenses.
(Ord. No. 127-92. Passed 3-16-92, eff. 3-24-92)
The Director of Public Utilities is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for water treatment chemicals deemed by the Director of Public Utilities to be necessary to the operations of the Division of Water, including, but not limited to, alum polymer coagulant, high calcium quicklime, aluminum sulfate, chlorine, sodium silicofluoride, hydroflurosilific acid, and corrosion inhibitors. Any purchase made pursuant to his section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for such purpose.
(Ord. No. 1630-92. Passed 9-21-92, eff. 9-25-92)
The Director of Public Utilities is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for Water system maintenance equipment deemed by the Director of Public Utilities to be necessary to the operations of the Division of Water, including, but not limited to: meters and meter parts; manhole covers, rings, and manholes; ductile iron pipe and fittings; copper pipe and tubing; parts for pumps, engines and saws; service fittings and pipe couplings; lining cement, mortar cement and sand; valves, valve boxes, and appurtenances; bypass piping, fittings and valves; fire hydrants and fire hydrant parts; pipe repair clamps; and stop cock boxes. Any purchase made pursuant to this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for such purpose.
(Ord. No. 1630-92. Passed 9-21-92, eff. 9-25-92)
The Director of Public Utilities is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for utility poles and crossarms, cable and wire, transformers, high voltage switching equipment, meters and metering equipment, streetlighting materials, manholes, rings and covers, all as deemed by the Director of Public Utilities to be necessary to the operations of the Division of Cleveland Public Power. Any purchase made pursuant to this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for such purpose.
(Ord. No. 1630-92. Passed 9-21-92, eff. 9-25-92)
The Director of Public Utilities is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for Water Pollution Control system maintenance equipment deemed by the Director of Public Utilities to be necessary to the operations of the Division of Water Pollution Control, including, but not limited to, catch basins, spacers, manhole covers, vitrified clay pipe, and equipment for sewer cleaning. Any purchase made pursuant to this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for such purpose.
(Ord. No. 1630-92. Passed 9-21-92, eff. 9-25-92)
The Director of Public Utilities is authorized to enter into one or more standard purchase or requirement contracts duly let to the lowest and best bidder after competitive bidding for the purchase of laboratory testing equipment and related items and to enter into one or more professional services contracts for the purchase of laboratory testing and analytical services, deemed by the Director of Public Utilities to be necessary to the operations of the Division of Water for compliance with applicable regulatory agency requirements, including, but not limited to, the United States and Ohio Environmental Protection Agencies.
Any purchase made by standard purchase or requirement contract pursuant to this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for such purpose. The selection of a professional consultant or consultants made pursuant to this section shall be made by the Board of Control upon the nomination of said Director of Public Utilities from a list of qualified consultants available for such employment as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling such a list. The compensation to be paid for such services shall be fixed by the Board of Control. Professional services contracts herein authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, certified by the Director of Finance, and paid from the annual appropriations made for such purpose.
(Ord. No. 485-96. Passed 5-6-96, eff. 5-14-96)
(a) That the Director of Public Utilities is authorized to enter into standard purchase or requirement contracts duly let to the lowest and best bidders after competitive bidding, for the labor and materials necessary to dispose of catch basin debris citywide, for terms of one year as determined by the Director of Public Utilities to be necessary to the operation of the Division of Water Pollution Control. Any purchases made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.
(b) As to requirement contracts, alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire term. The Director of Public Utilities is authorized to enter into one or more contracts with a term of two years instead of one year when there is a financial advantage to the City. For purposes of this section, a financial advantage shall be determined by the Director of Public Utilities by comparing the bids received for both terms.
(Ord. No. 996-03. Passed 7-16-03, eff. 7-23-03)
(a) That the Director of Public Utilities is authorized to enter into public improvement by requirement contracts of constructing and repairing catch basins and manholes duly let to the lowest responsible bidder, after competitive bidding on a unit basis for the improvement for terms of one year. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Any purchases made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.
(b) Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire term. The Director of Public Utilities is authorized to enter into one or more requirement contracts with a term of two years instead of one year when there is a financial advantage to the City. For purposes of this section, a financial advantage shall be determined by the Director of Public Utilities by comparing the bids received for both terms.
(Ord. No. 996-03. Passed 7-16-03, eff. 7-23-03)
(a) That the Director of Public Utilities is authorized to enter into public improvement contract by requirement contracts for the public improvement of constructing and installing replacement sewers and repairing and rehabilitation of existing sewers duly let to the lowest responsible bidder, after competitive bidding on a unit basis for the improvement for terms of one year. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Any purchases made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.
(b) Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire term. The Director of Public Utilities is authorized to enter into one or more requirement contracts with a term of two years instead of one year when there is a financial advantage to the City. For purposes of this section, a financial advantage shall be determined by the Director of Public Utilities by comparing the bids received for both terms.
(Ord. No. 996-03. Passed 7-16-03, eff. 7-23-03)
(a) That the Director of Public Utilities is authorized to enter into public improvement contract by requirement contracts for the public improvement of maintaining and repairing detention basins, detention facilities, and structures duly let to the lowest responsible bidder, after competitive bidding on a unit basis for the improvement for terms of one year. Bids shall be taken in a manner that permits an award to be made for all items as a single contract, or by separate contract for each or any combination of the items as the Board of Control determines. Any purchases made under this section shall be made by the Commissioner of Purchases and Supplies and paid from the annual appropriations made for this purpose.
(b) Alternate bids for a period less than the specified term may be taken if desired by the Commissioner of Purchases and Supplies until provision is made for the requirements for the entire term. The Director of Public Utilities is authorized to enter into one or more requirement contracts with a term of two years instead of one year when there is a financial advantage to the City. For purposes of this section, a financial advantage shall be determined by the Director of Public Utilities by comparing the bids received for both terms.
(Ord. No. 651-09. Passed 6-8-09, eff. 6-12-09)
On September 1, 1985, and on September 2, 1986, every full-time City employee in the Department of Public Utilities who is in the classification of Water Pipe Repairman, Water Meter Repairman, Water Hydraulic Repairman, Sewer Serviceman, Water Pipe Repairman Foreman, Water Meter Repairman Foreman, and Water Hydraulic repairman Foreman shall be entitled to payment of two hundred twenty-five dollars ($225.00) per year for the purchase of safety shoes and protective clothing for work in inclement weather.
(Ord. No. 2290-85. Passed 9-23-85, eff. 9-27-85)
Every full-time City employee who is in the classification of Security Officer shall be entitled to a uniform allowance payment of two hundred seventy-five dollars ($275.00) during the employee's first year of employment and a payment of two hundred fifty dollars ($250.00) each year of employment thereafter.
(Ord. No. 2325-85. Passed 9-16-85, eff. 9-23-85)
Every full-time City employee in the Department of Public Utilities in the classifications set forth below shall be entitled to reimbursement for purchase of authorized items of clothing in an amount not to exceed two hundred fifteen dollars ($215.00) per employee:
Apprentice Cable Splicer
Apprentice Lineman
Cable Foreman
Cable Splicer
Cable Splicer I
Cable Splicer II
Cable Splicer Helper
Dispatcher Electric System Operator
Electric Meter Industrial Installer
Electric Meter Instrument Specialist and General Tester
Electric Meterman Apprentice
Electric Meter Service Foreman
Electric Meter Service Installer I
Electric Meter Service Installer II
Electric Motor & Transformer Repairman
Electric Switchboard Operator Foreman
Electric Transmission & Distribution Inspector
Foreman Low Tension
Gas Turbine Mechanic
Gas Turbine Mechanic Apprentice
Junior Electric Switchboard Operator
Line Clearance Man
Line Foreman
Line Helper Driver
Lineman
Lineman Leader
Line Switchman
Low Tension Lineman
Low Tension Lineman Apprentice
Safety Signal Trouble Lineman
Senior Electric Switchboard Operator
Senior Lineman
Signal System Powerman
Traffic Signal Control Technician
Traffic Signal Trouble Lineman
Transformer Repairman Foreman
Trouble Lineman
Underground Conduit Foreman
(Ord. No. 3107-85. Passed 12-16-85, eff. 12-18-85)
Notwithstanding and as an exception to the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Public Utilities, or any person designated for this purpose by the Director, is hereby authorized to enter into contracts for the wholesale purchase and sale of electric power and energy, as needed, for the Division of Cleveland Public Power.
(Ord. No. 906-2000. Passed 6-12-00, eff. 6-22-00)
Notwithstanding and as an exception to the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Public Utilities is hereby authorized to enter into contracts for the provision of retail electric aggregation services and power supply, following express legislative approval by Cleveland City Council authorizing such contract or contracts, in order to provide for the delivery of retail electric power to the customers of The Cleveland Electric Illuminating Company in the City pursuant to a City-wide aggregation program adopted pursuant to Section 4928.20 of the Ohio Revised Code.
(Ord. No. 1390-2000. Passed 10-2-00, eff. 10-11-00)
The Director of Public Utilities is hereby authorized to enter into contracts with the State of Ohio to reimburse the State for the cost of betterments of Cleveland Public Power electric facilities constructed as part of State roadway improvement projects, provided that the cost of all of the betterments on a particular State roadway improvement project does not exceed one hundred thousand dollars ($100,000). This section shall be repealed and be of no further force and effect two (2) years after the effective date of this section.
(Ord. No. 1838-93. Passed 11-8-93, eff. 11-17-93)
There is hereby established in the Office of the Director of Public Utilities an Office of Radio Communications System Management to be administered and controlled by the Director of Public Utilities or that Director's designee, subject to the provisions of the Charter and Codified Ordinances of Cleveland, Ohio, 1976, and to the supervision of the Director of Public Utilities. The Director of Public Utilities, or that Director's designee, shall oversee, monitor and regulate the City's radio communications system.
(Ord. No. 1227-95. Passed 6-18-96, eff. 6-26-96) (Board of Control Res. No. 601-96. Adopted 9-11-96)
The Director of Public Utilities is hereby authorized to issue permits to parties wishing access to the City's radio communications system as follows:
(a) Upon receipt of an application for a permit to listen to radio channels approved by the Office of Radio Communications System Management for listening by the general public, and payment of the fee fixed pursuant to division (c) of this section, the Director of Public Utilities shall issue the permit on a form promulgated by the Director for that purpose.
(b) All permits issued pursuant to this section shall be issued for a period of one (1) year commencing November 1. Permits may be renewed if an application for renewal on a form promulgated by the Director of Public Utilities for that purpose is submitted to the Director of Public Utilities not less than ninety (90) days before termination of the previous permit. If an application for renewal is timely submitted to the City and the City does not take action to approve or deny the renewal prior to the expiration of the permit, the Director of Public Utilities shall extend the permit on a month-by-month basis until the City has taken action as required by this chapter.
(c) Each application for a new or renewal permit shall be accompanied by a fee, which shall be fixed by the Board of Control.
(d) The Director of Public Utilities may at any time revoke or suspend permits granted under the authority of this chapter for failure to comply with the terms of the permit.
(Ord. No. 1227-95. Passed 6-18-96, eff. 6-26-96)