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HomeMy WebLinkAbout08-22-11 Council Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MONDAY, AUGUST 22, 2011 7 : 00 P.M. 1 . .INVOCATION 2 . PLEDGE TO THE FLAG 3. ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES S. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES A. REPORT ON GRAFFITI PROGRAM FROM PHIL ST. CLAIR, DIRECTOR OF PARKS AND RECREATION 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 49--11 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF CEDAR STREET, FROM NILES AVENUE EAST, 172 FEET EAST/WEST TO THE VACATED NORTH/SOUTH ALLEY 10-11 PUBLIC HEARING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE, AS AMENDED, AMENDING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW SECTION 21--06. 03, NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA 18-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 48-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS 8 . BILLS, THIRD READING TIME: BILL NO. 49-11 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST/WEST ALLEY NORTH OF CEDAR STREET, FROM NILES AVENUE EAST, 172 FEET EAST/WEST TO THE VACATED NORTH/SOUTH ALLEY 10-11 THIRD READING ON A BILL AMENDING AND SUPPLEMENTING CHAPTER 21 : ZONING ORDINANCE OF THE CITY OF SOUTH BEND MUNICIPAL CODE, AS AMENDED, AMENDING ARTICLE 6, OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW SECTION 21-06. 03, NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT; AND AMENDING THE ZONING MAP OF THE CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA 18-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 48-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS 52-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY' S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS 53-11 FIRST READING ON A BILL FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 54-11 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 55-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 56--11 FIRST READING ON A BILL FIXING SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CI'T'Y OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL NO. 34-11 - REZONING - 3500 BLOCK OF MCKINLEY AND 600 BLOCK OF HICKORY ROAD 2 . BILL NO. 42-11 - REZONING - PROPERTY BOUNDED BY PINE ST. , WESTERN AVE. , LAUREL ST. & FIRST ALLEY NORTH OF WESTERN 3 . BILL NO. 47 -11 - AMEND MUNICIPAL CODE, CHAPTER 21 - ZONING - SECTIONS 21-01-03 AND 21- 04 . 11 12 . NEW BUSINESS 13 . PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME- NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 1314 Cgvtm-Crrx Bu]LOIr,G PHONE 574/235-9251 227 W]EFrExsoN Bove E,vARV 94�N� � FAX 574/235-9171 SAIrrH BEND,INA[ANA 46601-1830 ley M 1865 CITY of SOUTH BEND S`I mw J. LURcn,MAYOR BOARD OF 'PUBLIC WORDS July 25,2011 Mr. Terry Lang Lang-Feeney&Associates 715 S. Michigan Street South Bend, Indiana 46601 RE: Al ley Vacation--First Half of East/West Alley North of Cedar Street between Niles Avenue and Hill Street (Preliminary Review) Dear Mr. Lang: The Board of Public Works, at its July 25, 2011, meeting, reviewed comments by the Engineering Division, Area PIan Commission, Economic Development, Fire Department, Police Department, and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is.located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. NIPSCO stated there are currently gas facilities in this alley and they will need to maintain access for maintenance purposes.They object to this vacation Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley, subject to all utility easements. The Board noted if there is any construction on this site,you will need to pay to relocate the utilities, GARYA.Gmcrr,P.L DoNALD R.INN CARL P Lrr'rR"ELL PRE51DENT Ma'A''6R MtMSEP Mr �1 .R �� �/ ��.. ��YY_ + / - � F r ,7 yy+• _ rvS.y+ r-F '�"�.I -7 d c° vn .. . .. .. �. ..... . _____. 1 ,. ._. ,_s.. .9 s Sao 4 Nel rr BOX- a s,r ec �c� aci M s 6 w N I Ov 3 tot $f "tat, a u � SbII � a QZ AM tK Rl 47 '71N a cv ' Cho now ab'a p From Nancy Schrader To: Memo-Vacations Date: 6/7/20112:01 PM Subject: Ailey Vacation- Memorial Hospital Attachments: S45C-51106071.3400.pdf Please provide your recommendalion. Thank you, Nancy Schrader City of South Bend Department of Engineering and Board of Public works 227 West Jefferson,Room 1316 South Bend,Indiana 46WI Office: (574)2359251 Fax:(574)235-9171 This message may contain confidential and/or proprietary information and is intended for the personlentity to whom it was originally addressed.Any use by others is strictly prohibited. From: <Maller-Daemon @CCBMS.SOUTHBEND.CITY> To: <NJSCHRAD@southbendin.gov> Date: 6/7/20112:02 PM Subject: Message status -undeliverable Attachments: Part.001 The message that you seat was undeliverable to the following: RMATHIA @SouthBendlN,Gov(550 Mailbox not found) Possibly truncated original message follows: From; Stephen Goen To: Nancy Schrader Date., 6/8/20117:34 AM Subject: Re:Alley Vacatlon -Memorial Hospital approved This message may contain confidenbal and/or proprietary information and Is Intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt.Stephen Goen Traffic Commander St Joe Co.Fatal Alcohol Crash'ream South Bend Police Departrnent-Traffic Investigations 701 W.Sample 5t South Bend,IN 46601 (574)235-7515 (574)235-7538 >>>Nancy Schrader 6/7/20112:00 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office; (574)235.9251 Fax: (574)235-9171 This message may contain confidential and/or proprietary information and is Intended for the person/entity to whom it was originally addressed.Any use by others Is strictly prohibited. From: <pmgriffin o?NiSource.com> To: "Nancy Schrader"<NJSCHRAD@southbendin.gov> Date: 6/8/2011 2:21 PM Subject: Re:Alley Vacation-Memorial Hospital Attachments: S45C-511060713400.pdf CC: <imartin @southbendln.gov> NIPSCO objects to recommendation to vacate this alley. NIPSCO currently has gas facilities in the alley in question and will need to maintain access for maintenance.purposes. Thank-you, Philip M. Griffin NIPSCO Project Engineer 11 Office Phone:574-284-2214 Mobile Phone: 574220-3804 FAX: 574-284-2220 "Nancy Schrader" <NJSCHRAD @southbe ndin.gov> To <jbyorni @co.st-joseph.in.us>, 06/07/2011 02:00 <pmgKffin @njsource.com>, "Andre PM Price"<APRICE @southbendin.gov>, "Chris Dressel° <CORESSEL@southbendin.gov>, "Cheryl Greene"<CGREENE @southbendjn.gov>, "Carl Littrell" <CLITTREL @southbendin.gov>, "Federico Rodriguez" <frodrlgu@southbendfn.gov>, "Jeff Gibney"<jglbney@south6endin.gov>, <RMATHIA @SouthBendiN.Gov>, "Stephen Goen"<SGOEN @southbendin.gov> cc "Nancy Schrader" <NJSCHRAD @southbendin.gov> Subject Alley Vacation-Memorial Hospital Page 1 of 1 Nancy Schrader - Re: Alley Vacation w Memorial Hospital From: Federico Rodriguez To: Nancy Schrader Date: 6114/20117:58 AM Subject: Re: Alley vacation - Memorial Hospital Approved S.B.F.D Federico"Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodriau@southbendIn.00v >>> Nancy Schrader 6/7/20112:00 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235-9251 Fax: (574) 235-9171 ICJ N N N NN NNNNNN----- NIVNNN--rt.NN NNNNn.NNN^.nlN Nry This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was originally addressed. Any use by others is strictly prohibited. /lNNNNNNNNN NNNNN NNNNNNNNNNNNNNry NNNNNNNN ryNNNNNN.vNNNN file:/1C:iDocuments and SettingsWSCHRAMLocal Set tingslTemp\XPgrpwise14DF7149,.. 6/14/2011 t ,iOMN W. BYORN! OCECUTIVE DIRECTOR LARRY MAGLIOZZ1 DEPUTY grRECran AREA PLAN C©MMiSSIOI�t OF ST. JOSEPH COUNTY, IN 227 -l"FERSON BLVD. ROOM 1 140 COUNTY.CITY BLDG. SOUTH SENDS INDIANA 46601 (574)735-9571 June 17,2011 City of South Bend Board of Public Woks 13"Floor,County-City Building South Bernd,Indiana 46601 RE: Right-of-Way Vtcatiou Applicant: Larry Lies Vacation of West Half ofEast/West Alley North of Cedar Between Niles Avenue and Mall Street Dear Board Members: The staff has reviewed this petition. It is the staffs opinion that: (1) The vacation would not binder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. It is our understanding that the alley is purposed to be vacated for future development of the adjacent land to the north and south, which is currently owned by Madison Center Inc. (Memorial Hospital). Access to this land and land to the east will continue to be maintained via the adjacent Niles Avenue, Cedar Street, and Hill Street rights-of-way. (2) The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The portion of the alley to be vacated and the continuation of the alley to the east do not provide sole access to any of the adjacent land. (3) The vacation would not hinder the public's access to a church,school,or other public building or place. There are no churches,schools,or other public places lying along this alley from Niles Avenue to Hil1 Street. SERVING:ST.JOSEPH COUNTY.SOUTH BEND.LAKPALL.6.NEW CARLISLE,NORTH'"Ekrr OSCEOLA&ROSELgND ++ww.sxJosaphe�unsyindiana.eom/q,�p� From: Chris Dressel To: Nancy Schrader Date: 6/18/20115:22 AM Subject: Re:Alley Vacation - Memorial Hospital Attachments: Chris Dressel.vcf CC: Jeff Gibney Recommended for approval. Christopher D.[Hesse! Planner Sitycle Coordinator Weed and Seed Coordinator City of South Bend Division of Community Development 1200 County-city Building 227 W.Jefferson South Bend,IN 46601 Phone:574-235-5847 Fax:574-235-9469 rAM=l@sauthkndin.aov >>> Nancy Schrader 6/7/20112:00 PM>>> Please provide your recommendation. Thank you. Fancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574)235-9251 Fax: (574)235.9171 This message may contain confidential andlor proprietary Information and is intended for the person/entity to whom it was originally addressed.Any use by others is strictly prohibited. I14'r fop 1- INTER-OFFICE MEMORANDUM BOARD OF PUSUC WORKS DATE SENT: §x/2011 TO: Andre Price, Solid Waste Bob Mathia, Community& Economic Development Carl Littreli, Engineering Department ris Dressel., Community& Economic Development ederico Rodriguez, Fire Department Jeff Gibney, Community& Economic Development L,46hn Byorni, Area Plan Commission (jbyomi@cQ.st= Sh.in.us or 235-9813 fax) tephen Goen, Police Department Cheryl Greene, Clty Attorney's Office hit Griffin, N1PSC4 m riffn@nisource.com)(FYI Only) FROM: Linda M. Martin, Clem SUBJECT: REQUEST FOR RECOMMENDATION—ALLEY VACATION APPLICANT: Memorial Hospital LOCATION: First Half of East/West Alley North of Cedar Between Niles and Hill DATE DUE. June 17, 2011 FAX OR E-MAIL TO: 235-91711 imairtinftsouthbandin,Sov RECOMMENDATIONS AND COMMENTS: By Date 7/1/ ///// O�M1.1t iP .�kh4 �t t 1!7 fj INTER-OFFICE MEMORANDUM BOARD OF'PUBLIC WORKS DATE SENT: 5/7/2011 TO: Andre Price, Solid Waste t cli ad Littrel1, Engineering Department z,4ris Dressel, Community & Economic Development �derico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development t-,46hn Byorni, Area Plan Commission UL rni co.st- ig ph.m.us or 235-9813 fax) /Stephen Goen, Police Department eryl Greene, City Attorney's Office v C 0 Griffin, NIPSCO ( m rif n(&nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk . SUBJECT: REQUEST FOR RECOMMENDATION —ALLEY VACATION APPLICANT: Memorial Hospital LOCATION: First Half of East/West Alley North of Cedar Between Niles and Hill DATE DUE: June 1712011 FAX OR E-MAIL TO: 235-9171 1 I Martin(M-southbendinm RECOMMENDATIONS AND COMMENTS: By Date ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The first East/West alley North of Cedar Street, from Niles Avenue East, 172 feet East/West to the vacated North/South Alley. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows. SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The alley to be vacated is the first East/West alley North of Cedar Street, from Niles Avenue East to the vacated North/South alley (Vacation Ordinance #9521-04) for a distance of 172 feet and a width of 14 feet, being a part of Cottrell's Addition and also a part of the Original Town of Lowell (now City of South Bend) in the City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: Memorial Hospital of South Bend, Inc. (Key No. 018-5008-0195 & 018-5023-0804) Section IV. The purpose of the vacation of the real property is to make better use of the property currently separated by said alley in preparation of a subdivision which shall incorporate it. bocument2 SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock M. City Clerk Approved and signed by me on the day of -120 , at o'clock M. Mayor, City of South Bend, Indiana Filed in Clo-! 'Ws 0,1 1 jst. READING PUBLIC HEARING 3 rd READING NOT APPR{3VADc ,wwa"x': i5 CITY CLL REFERREQ PASSB�g._;;3;� AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21: ZONING ORDINANCE OF THE CITY OF SOUTH BEND MUII lap,AL CODE,AS AMENDED, AMENDING ARTICLE 6,OVERLAY AND SPECIAL USE DISTRICTS BY ADDING A NEW SECTION 21-06.03,NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY ZONING DISTRICT;AND AMENb1Nd THE aoNING MAP O:F THE CITY OF SOUTH BEND TO APPLY THE NEW OVERLAY DISTRICT TO AN AREA GENERALLY KNOWN AS NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on May 7, 2004. The zoning ordinance contains provisions for establishing Overlay Districts. The South Bend Redevelopment Commission has established the Northeast Neighborhood Development Area. Residents of this area have been working to establish design guidelines for this area. On August 26, 2009, the Commission approved and adopted its Resolution No. 2598 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND ADOPTING THE NORTHEAST NEIGHBORHOOD DESIGN GUIDELINES". On September 15, 2009, The St. Joseph County Area Plan Commission approved Resolution No. 203-09 which approved a resolution of the South Bend Redevelopment Commission amending the Development Plan for the Northeast Neighborhood Development Area(hereafter referred to as "NNDA") and adopted the Northeast Neighborhood Design Guidelines. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section 1. Chapter 21, Zoning, of the South Bend Municipal Code,be amended by adding the following new section 21-06.03 Northeast Neighborhood Development Area Overlay Zoning District(hereafter referred to as "NNZO"). Sec. 2I-06.03 Northeast Neighborhood Development Area Overlay Zoning]District Notwithstanding any provision elsewhere in this South Bend Zoning Ordinance("hereafter referred to as "this SBZO") to the contrary, all new development within the NNZO shall be subject to the following regulations. In the case of conflict between the provisions of this NNZO and other provisions of the SBZO, the provisions of this NNZO shall control. (a) Intent. It is the intent of this NNZO to codify a number of the recommendations of the Northeast Neighborhood Design Guidelines which are most relevant and applicable to new development in the NNDA. Page I of 26 By codifying a number of the recommendations of the Northeast Neighborhood Design Guidelines, the NNZO accomplishes the following purposes: (1) To establish a comprehensive design approach for the NNDA; (2) To encourage high-quality design of future buildings and site development that preserves and enhances the character of a traditional neighborhood; (3) To create a strong, unique neighborhood identity image; (4) To provide a range of design options to address future development opportunities; and (5) To instill and enforce the sense of"pride of place".among residents, businesses, and property owners. (b) Applicability (1) New Development—The regulations contained in this NNZO shall be applicable to all new construction on real property located within the area designated as the Northeast Neighborhood Development Area Overlay Zoning District on the Zoning District Map for the City of South Bend. In order to assure the compatibility of new development within the NNDA with that of the surrounding community, any new building, structure or sign within the NNDA after the effective date of the NNZO shall be subject to the regulations contained in this NNZO. Renovations or expansions of existing buildings, structures, or signs are not subject to the regulations of this NNZO but shall be subject to all applicable regulations of the underlying zoning district. (2) Land Use—The land use permitted on any individual lot with this NNDA shall be determined by the underlying zoning district. (3) Development Standards—The determination of which of the development standards and regulations of this NNZO shall be applicable to a particular lot, project or development shall be determined by the proposed use of the real property, not by the underlying zoning district. (4) Special Exception Uses—For those uses which must be reviewed by the Board of Zoning Appeals and approved by the Common Council through the Special Exception Process in accordance with the underlying zoning, the applicable regulations of this NNZO shall be determined by the Board of Zoning Appeals and the Common Council as part of their determination of the appropriateness of the use. Page 2 of 26 (c) Defnitions. In addition to the definitions contained in Article 11, Section 2 1-11 Definitions,the following definitions apply in this NNZO. (1) Arcade—A series of arches supported by columns or piers; a building or part of a building with a series of arches. (2) Articulation- The relationship of contacting surfaces to create a series of plane changes in order to avoid a flat appearance. (3) Atrium - An opening connecting two or more stories other than enclosed stairways, elevators, hoistways, escalators, plumbing, electrical, air-conditioning or other equipment, which is closed at the top and not defined as a mall. (4) Bay- One unit of a building that consists of a series of similar units, commonly defined by the number of window and door openings per floor or by the space between columns or piers. (5) Belt Course - A narrow, horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels. (6) Brace- A diagonal stabilizing member of a building frame. (7) Bracket- A support element under eaves, shelves or other overhangs; often more decorative than functional. (8) Building Mass - The height, width and depth of a structure. (9) Building Scale- The relationship of a particular building, in terms of building mass, to other nearby and adjacent buildings. (10) Cantilever- A projecting beam or part of a structure supported only at one end. (11) Casement - A window with sash hung vertically and opening inward or outward. (12) Colonial Style-The style of architecture, decoration, and furnishings of the British colonies in America in the 17th and 18th centuries, mainly adapted to local materials and demands from prevailing English styles.[Provide graphic) (13) Cornice- Projecting ornamental molding along the top of a building or wall. (14) Craftsman Style -A movement that originated in England in the late 1800s as a reaction to poor-quality, mass-produced goods, conceiving of craft and decoration as a single entity in the fabrication of objects. [Provide graphic] Page 3 of 26 05.1) Cupola - A dome shaped roof on a circular base, often set on the ridge of a roof. (15.2) Decorative Fence—A fence made of metal or wood with open areas representing not less than 75% of the fence area. Chain link, barbed wire or similar style fences shall not be considered decorative. (15.3) Decorative Wall—A wall made'of brick, split-face block, or other decorative masonry material. Plain concrete block shall not be considered decorative. (16) Dormer- A vertically set window on a sloping roof, the roofed structure housing such a window. (17) Eaves -The projecting overhang at the lower edge of a roof . (18) Egress -An exit. (19) Flat Roof-A roof that has no perceptible pitch or slope. (20) Fenestration- The arrangement of windows in a wall. (21) Gable - A triangular wall segment at the end of double pitched or gabled roof. (22) Gambrel - A ridged roof with two slopes on each side, the lower slope having the steeper pitch. (23) Hipped Roof- A roof with four uniformly pitched sides. (24) Ingress -An access or entry point. (25) Lintels - A beam supporting the weight above a door or window opening. (26) Mansard Roof- A roof that has two slopes on all four sides. (27) Masonry- Wall construction of materials such as stone,brick and adobe. (28) Modern Style—The style of architecture commonly referred to by architects, and in North American architectural literature, as "Modem"or"Modernistic". For example, see McAlester, Virginia& Lee,A Field Guide to American Houses, Alfred H. Knopf, New York 1984 p. 464 et seq. [Provide graphic] (29) Molding- A continuous decorative band that is either carved into or applied to a surface. (30) Mullion -A vertical member separating, and often supporting, windows, doors or panels set in a series. Page 4 of 26 (31) Parapet-A low, solid, protective wall or railing along the edge of a roof or balcony. (32) Pavers -Preformed paving blocks that are installed on the ground to form patterns while at the same time facilitate pedestrian and vehicular travel. (33) Plaza-An open space that may be improved and landscaped, usually surrounded by streets and buildings. (34) Portico - A major porch or overhang supported by columns. (35) Prairie Style -A style of the early 20th century, notably Frank Lloyd Wright that emphasized the horizontal lines responding to the flatness of the Midwestern prairie. [Provide graphic] (36) Setback-The distance between a building and any lot line. (37) Sill- The lowest horizontal member of a frame structure, resting on and anchored to a foundation wall (38) Spindle - A turned wooden element, often used in screens stair railings and porch trim. (39) Steeply-sloped - Having a pitch of 10/12 or greater for a minimum horizontal distance of thirty-six inches (36"). (40) Street frontage: Primary—a parcel's front lot line abutting the street on which the parcel's address is platted. (41) Street frontage: Secondary—a parcel's side lot line where, because the parcel is a corner lot, the side lot line abuts a street other than the street on which the parcel's address is platted. (42) Streetwall - The continuation of zero lot line building facades along a street. (43) Step back - An architectural element in which the upper stories of a tall building are stepped back from the lower stories. (44) Transom - A crosspiece separating a doorway from a window or fanlight above it. (45) Tudor Style - A transitional style of English architecture that developed during the reign of the royal house of Tudor in the second half of the 18th century, characterized by the Tudor arch and the application of Renaissance details to buildings. [Provide graphic] Page 5 of 26 (46) Turret-A small, slender tower usually at the corner of a building, often containing a circular stair. (47) Uplight-A decorative tight fixture used to accent architectural elements or landscaping. (48) Vault- An arched ceiling of masonry. (49) Veranda -A roofed open gallery or porch. Page 6 of 26 (d) Single Family and Two-Family Residential All new single family and two-family residential construction shall comply with the following regulations: (1) Single Family and Two-Family Residential Building Massing (A) Angular or curved building massing is prohibited. (B) Building heights shall not be less than one(1) story(or fifteen feet[l5')) and shall not exceed two-and-a-half(2 %Z) stories (or thirty-five feet [35']). (C) Front doors and windows to major rooms shall face the primary street. (D) Front porches are required and shall have a minimum depth of eight feet (8') and cover a minimum of fifty percent(50%) of the primary street elevation. (2) Single Family and Two-Family Residential Roof Shapes (A) Hipped and gabled roofs are acceptable roof types. (B) Mansard, mock mansard, and barrel roofs are prohibited. OMM ROOF ?ALLOWID1 \4_ MANWe MIS IWT RLLCWIO1 (C) Eaves shall have a minimum overhang of two feet(2') and a maximum overhang of three feet(3'). (3) Single Family and Two-Family Residential Building Design and Materials (A) Fagades (i) Buildings that have identifiable architectural styles shall incorporate elements and details that remain consistent with that style. (ii) Unarticulated, Modern Style building fagades-are prohibited. Page 7 of 26 {iii) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (iv) Building designs that create blank wall conditions facing primary or secondary streets or orient front doors so that they are not visible from the primary street are prohibited. (v) The front door and windows shall be the dominant elements of the front facade. (B) Fenestration (i) Buildings shall provide fenestration on facades facing primary and secondary streets. Exposed, blank walls are prohibited. (ii) Door and window shapes shall be rectangular(oriented vertically), square,or Palladian. (iii) Round,hexagon,and octagonal shaped doors or windows shall only be allowed as accents. (iv) The front door shall be the dominant feature on the front facade of the house and shall remain consistent with the building's architectural style or character. (v) Doors and windows shall be made of painted metal, wood, fiberglass or vinyl. Dark or reflective glass is prohibited. (vi) Mill finish(non-colored)aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening,and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, fiberglass or vinyl. (viii) Solid metal security gates,metal roll-down windows,and tink/grill security devices are prohibited in all residential windows and doorways. (C) Materials (i) "Jumbo,"or other commercial-grade/scale bricks, cinder/concrete block, unfinished metal,plywood,unfinished pre-cast or poured- in-place concrete are prohibited on any residential building facades. Page 8 of 26 (ii) Roofs, if sloped,shall be clad in cedar wood shake, fiberglass, asphalt shingles,prefinished metal shingles or slate. (iii) When used, asphalt or fiberglass shingles with a"shadow line" effect are encouraged, as long as they meet or exceed local building codes. (D) Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the facade area. (E) Projections (i) Residential entrances shall be visible from the street, easily accessible, and well-lit. Architectural elements such as porches, porticos, and canopies are required to identify residential entrances and maintain the existing neighborhood character. (ii) The floors of front porches shall be raised between twenty-four and forty-eight inches(24"-4$") above finished grade and be designed so as to allow access to the public sidewalk at the front lot line. (iii) A front entry porch, portico or canopy element shall provide for a minimum depth of six feet(6'). (iv) Porticos shall extend relative to the door or access they frame, up to 30% of the primary facade. (v) Porch handrails of perforated metal, stainless steel cables, or unfinished metal mesh are prohibited. (vi) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel,masonry, or similar material to the primary building. (F) Lighting (i) Floodlights and uplights with bulbs greater than 140 watts on residential building fagades are prohibited.Motion-sensored flood lights and security tights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent,fluorescent,LED or metal halide Page 9 of 26 lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Mechanical Equipment and Utilities (i) Exposed mechanical equipment along primary and secondary street frontages is prohibited. (ii) Window-mounted air conditioning units placed facing primary or secondary street frontages are prohibited. (iii) Satellite television dishes shall be located according to the provisions of the SBZO, unless documentation is provided to demonstrate a lack of reception, shall not be visible from the primary street frontage. If such documentation is provided, the satellite television dish shall be located as discretely as possible. (5) Single Family and Two-Family Residential Landscaping (A) Steeply-sloped yards in excess of a slope of 2 to l (two foot horizontal for one foot vertical)shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) Decorative walls, decorative fences, or hedges shall not exceed three feet (3) in height along the front and side property lines that face the primary or secondary streets. (C) Decorative walls, decorative fences, and hedges shall be no greater than five feet(- 5°) in height along the rear and side property lines that do not face the streets. (6) Single Family and Two-Family Residential Parking and Service Areas (A) Off-street parking shall be provided by an enclosed garage located to the rear of the primary structure. (B) Side-loaded garages accessible from primary or secondary street frontages are permitted only when legal alley access to garages is not available. (C) Garages that gain access from the front of the property or the primary street are prohibited unless there exists a lack of legal access from an alley or secondary street. Page 10 of 26 (D) If the garage door on an attached garage must face a primary street due to lack of legal access from an alley or secondary street,the garage door must be set back a minimum of 20 feet from the front fagade of the house. (E) Garages oriented with garage doors facing an alley shall have a setback (apron)of not less than 18'from the alley,sufficient to accommodate the parking of an automobile. (F) Garage setbacks shall include paved and screened locations for trash cans if trash cans are not stored in the garage. (G) No more than one(1)double or two (2) single garage doors are permitted to face any primary or secondary street. (H) Garages shall incorporate roof types that match the roof type of the primary building. Hipped and gabled are acceptable roof types. (I) Three-car garages are prohibited. (J) Driveways fifteen feet(15')or greater at the curb or circular designed driveways within the front yard setback are prohibited. (7) Single Family and Two-Family Residential Building Addresses (A) Address numbers should be a minimum of three inches (3") in height. Vinyl-applied numbers are prohibited. (e) Multi-Family Residential All new multi-family residential construction shall comply with the following regulations: (1) Multi-Family Residential Building Massing (A) In the event of mixed residential building types on abutting lots located within the same block face, the height and massing of new multi-family. buildings shall be no more than twice the height and massing of the immediately abutting building, including buildings on the same lot. (B) Angular or curved building massing is prohibited. ' (C) Buildings shall not exceed three (3) stories or forty feet(40') in height. (2) Multi-Family Residential Roof Shapes Page 11 of 26 (A) Eaves shall have a minimum overhang of two feet (2) and a maximum overhang of three feet(3'). (3) Multi-Family Residential Building Setbacks (A) Building setbacks shall not exceed ten feet(10) from the right of way line of the street on which the parcel's address is platted. (4) Multi-Family Residential Building Design (A) Fagades (i) All residential buildings shall include design elements including but not limited to front doors/entries, front porches, articulated rooflines, and balanced/symmetrical fenestration on the primary fagade. (ii) Residential buildings that have identifiable architectural styles shall incorporate elements and details that remain consistent'with that style. (iii) Unarticulated, Modern Style building facades are prohibited. (iv) Front building fagades shall be oriented toward, and parallel to, all primary street frontages including corner lots. (v) Building designs that create blank wall conditions facing primary or secondary streets are prohibited. (vi) The front door(s) shall be a prominent feature on the front fagade of the building and shall face the primary street frontage. (vii) Building designs that create blank wall conditions facing the street or orient front doors so that they are not visible from the street are prohibited. (viii) Front doors and windows shall be the dominant elements of the front facade. (ix) Garage doors shall face alleys or be oriented so as to not face the primary street frontage. (x) Front doors, mailboxes, and windows to major rooms shall face the primary street frontage. (B) Multi-Family Residential Fenestration Page 12 of 26 (i) Buildings shall provide fenestration on fagades facing primary and secondary streets. Exposed, blank walls are prohibited. (ii) Door and window shapes shall be rectangular(oriented vertically), square,or Palladian. (iii) Round,hexagon,and octagonal shapes shall only be allowed as accents (iv) Doors and windows shall be made of painted metal, wood, vinyl or fiberglass. (v) Opaque or reflective glass is prohibited. (vi) Mill finish(non-colored)aluminum door and window frames are prohibited. (vii) If a building has window shutters, the window shutters shall be sized and shaped to match the associated opening, and shall be mounted against the outside edge of the window. Window shutters shall be either louvered or paneled, and made of painted wood, metal, vinyl, or fiberglass. (viii) Solid metal security gates, metal rolldown windows, and link/grill security devices are prohibited in all windows and doorways. (C) Multi-Family Residential Materials (i) Cinder/concrete block, metal, plywood, unfinished pre-cast or poured-in-place concrete are prohibited on any residential building fagades except for basement foundation walls between the first floor sill plate and grade, where concrete,concrete masonry, brick, stone or stucco is permitted. (ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass shingles, asphalt shingles, slate shingles, clay tile, prefinished pre-stamped metal shingles or other recognized residential roofing material. Sheet or roll-type roofing is prohibited. (D) Multi-Family Residential Colors (i) Bright colors are prohibited as primary house colors but may be used for subtle trim accents in amounts not to exceed 10% of the facade area. Page 13 of 26 (E) Multi-Family Residential Projections (i) Attached dwelling units shall have street-facing, individual entries and porches along the primary street frontage. Decks and garages shall be located and oriented to the rear of the structure. (ii) Front doors shall be a prominent feature on the primary street fagade of the unit. (iii) Porch handrails of perforated metal, stainless steel cables, and unfinished metal mesh are prohibited. (iv) Open porch bases are prohibited. Porch bases shall be continuously skirted with a painted wood lattice panel, masonry, concrete or similar material to the primary building. (F) Multi-Family Residential Lighting (i) Floodlights and uplights with bulbs greater than one hundred(100) watts on residential building fagades are prohibited. Motion- sensored flood lights and security lights shall be limited to rear door entries, side door entries or garages only. (ii) Building and landscape lighting shall be a natural white color consistent with incandescent,fluorescent,LED or metal halide lighting. Colored lights are prohibited unless for appropriate seasonal decoration or interest. (G) Multi-Family Residential Mechanical Equipment and Utilities (i) Mechanical equipment shall not be located along primary and secondary street frontages. (ii) Rooftop mechanical equipment shall be located in the center or rear comer of a building,away from the primary street elevation. (iii) Roof top mechanical equipment shall be screened by the roof form. When the roof form cannot hide such equipment, a solid screen shall be constructed of materials similar to those of the primary fagade. (iv) Satellite television dishes shall be located so that they are not visible from the primary street. (S) Multi-Family Residential Landscaping Page 14 of 26 (A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for one foot vertical)shall incorporate a slope retention element of either a small retaining wall with steps as a transition to the sidewalk or ground cover/low shrub planting schemes. (B) When utilized, decorative walls, fences, or hedges shall not exceed three feet(Y) in height along the front and side property lines that face the streets. (C) Decorative fences and hedges shall be no greater than five feet(S') in height along the rear and side property lines that do not face the streets. (D) For urban townhome development, if front yard fencing is provided, said fencing shall be of a single,unified fence design for all units within a project. Individual fencing of individual urban townhome front yards is prohibited. (6) Multi-Family Residential Parking and Service Areas (A) Urban Townhome/Rowhome Residential (i) Off-street parking for all new urban townhome/rowhomes, shall be in the form of an enclosed garage located at the rear of the primary structure. (ii) Garages oriented with garage doors facing an alley shall have a setback(apron)of not less than 18'from the alley, sufficient to accommodate the parking of an automobile. (iii) Side-loaded garages accessible from priniary or secondary street frontages are permitted only when legal alley access to garages is not available. (iv) Garages that have ingress or egress from the front of the property or the primary street are prohibited. (v) Garage setbacks shall include paved and screened locations for trash cans if trash cans cannot be stored in the garage. (vi) Garages that have ingress or egress from rear alleys may incorporate double-car doors. (vii) No more than one(1) double or two (2) single garage doors are permitted to face any street. Page 15 of 26 (viii) Garages shall incorporate hipped or gabled roof types that complement the roof type of the primary building. Where appropriate to the design, dormers may be included. (ix) Three-car garages are prohibited. (x) Driveways shall be no more than twelve feet(12') wide at front property line. (xi) Circular driveways within the front yard setback are prohibited. (xii) Driveways on corner lots shall be located to maximize the distance from intersections. (xiii) Driveway curb-cuts shall be placed to maximize the number of on- street parking spaces. (B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome Design) (i) Off-street parking areas shall be located behind buildings with access off a secondary street or alley. Visitor parking shall also be located behind the buildings or at on-street parking locations. (ii) Off-street parking areas shall be located at least fifteen feet from any building fagade. (iii) Off-street parking areas shall be adequately lit and shall minimize glare on surrounding properties. (7) Multi-Family Residential Building Addresses (A) All buildings shall clearly display their address numbers along the primary street elevation in a conspicuous place on the side of or above the front door of the building. Address numbers shall be at least three inches (3") in height. (B) Address numbers should be a minimum of three inches (Y) in height. Vinyl-applied numbers are prohibited. Page 16 of 26 (fl Commercial 1 Mixed Use buildings All new commercial or mixed-use building construction shall comply with the following regulations: (1) Commercial/Mixed Use Buildings Located in the MU-District (A) All buildings on properties zoned "MU"(Mixed-Use District of the SBZO) shall include active first-floor commercial space. (2) Commercial/Mixed Use Building Massing (A) In areas with buildings developed on abutting lots fincluding across the street) the maximum building.height shall not be more than fifteen (15)feet greater than the average of the maximum height on abutting lots, provided that the maximum building height for a portion of the building may increase one (1) foot for each additional one (1) foot of setback for that portion of the building. (B) Buildings shall be oriented towards the street with main entrances or windows facing the primary or secondary street frontages. (C) Buildings sited at irregular or random angles to the street are prohibited. (D) Multiple or attached building complexes shall maintain a consistent street orientation and shall also maintain a parallel or perpendicular orientation to each other. (E) Multi-story commercial/mixed-use buildings shall maintain a minimum commercial fagade height for the first floor retail of fifteen feet(15'). (F) Gaps between buildings that interrupt the streetwall are prohibited except for pedestrian pathways and service alleys within long blocks. Such pedestrian pathways and service alleys should link the primary streets to parking areas and public spaces located behind buildings, and be no greater than fifteen feet(15') wide. (G) The fagade of any single-story commercial/mixed-use building shall be at least twenty-two feet(22') in height. (H) All sides of any free-standing single-user"outlot"retail buildings shall include four-sided design(i.e., be designed and detailed with each facade having the same level with similar materials and details).. (1) Multi-story mixed-use buildings shall not have a continuous uninterrupted fagade greater than sixty feet(601)in height or length. Page 17 of 26 (J) Upper floor residential/office uses are required to provide fagade or roof form articulation along with building fenestration changes to accentuate the mixed-use character of the building. (K) Terraces and balconies, if incorporated, shall be designed so as not to protrude beyond the primary building fagade. (3) Commercial/Mixed Use Building Shapes (A) Roofs shall be hipped, gabled,or flat with a parapet. Parapets shall range between three and five feet(3'-S') in height. (B) Mansard, mock mansard, and barrel roofs as the main roof style are prohibited. (C) Eaves shall have a minimum overhang of two feet (2) and a maximum overhang of three feet(3'). (4) Commercial/Mixed Use Building Setbacks (A) Off-street parking areas located between the building and street are prohibited. (B) The maximum front building setback shall be five feet(5') to maintain the streetwall. (C) Corner buildings shall have a maximum setback of five feet(5') from the primary and secondary street property line to hold or frame site corners along both street frontages. (D) Buildings shall have a zero foot(0') side setback from the interior side property line, except for pedestrian access through the site. (E) Pedestrian access areas shall not exceed a maximum of fifteen feet(15') wide. (F) Pedestrian areas between buildings are prohibited unless necessary for access to/from off-street parking areas to store entrances. (5) Commercial/Mixed Use Building Design (A) Multiple building developments using one overall architectural theme shall intrude varied roof forms, fagade treatments, sign bands,and details to create the effect of a traditional neighborhood retail street which developed over many years. Page 18 of 26 (B) Building fagades shall include design elements (i.e. height of a wall or cornice or parapet line, window lines, belt courses or other horizontal design elements)that substantially replicate the pattern of abutting buildings or sections of the same building. (C) Mixed-use buildings shall express a clear defined retail base, middle, and top. (D) Building architectural details and features include but not be limited to cornices, belt courses, window bays, variations in wall plane, and roof features. (E) Blank or windowless elevations that face primary or secondary streets are prohibited. Walls which do not included window glazing or storefront entrances shall be articulated by the provision of. faux windows trimmed with frames, sills, lintels, awnings; murals; or similar elements. (F) Street-facing fagades of buildings with fifty(50)feet or more of horizontal length shall include the use of vertical bays between twenty-five (25) to thirty(30) feet in width to give the appearance of small, individual storefronts. Techniques for implementation include changes in articulation of plane of the building fagade such as vertical bays, columns and reveals. Columns or reveals, if used, shall not be less than eighteen (18) inches in width. (G) First-floor retail on a street facing fagade shall have a minimum window surface of sixty percent (60%) and maximum of seventy-five percent (75%). Upper-floor residential or office shall have a minimum window surface of twenty-five percent(25%)and maximum of forty percent (40%). (H) Unarticulated, flat front, all glass or metal, Modern Style buildings are prohibited. (6) Commercial/Mixed Use Building Fenestration (A) Window shapes shall be vertically-oriented rectangular, square, or Palladian. (B) Round,hexagon, and octagonal shapes shall only used only as accents. (C) Solid windowless walls are prohibited unless necessary to the function of the building. If such walls are necessary to the function of the building, they shall incorporate arches, piers, columns, murals, tasteful graphics, Page 19 of 26 planters and/or other elements that reduce building scale and add visual interest. (D) Commercial or mixed-use buildings with ground-level retail or office space shall include clear glass windows to allow views into building interiors. Opaque or reflective glass is prohibited. (E) Storefront windows shall be constructed of painted or clad wood or metal and clear glass. (F) Solid metal security gates,metal roll-down windows, and link or grill security devices are prohibited. (7) Commercial/Mixed Use Building Materials (A) Unarticulated or finished concrete block and plywood are prohibited on commercial mixed-use building facades or on walls that are visible from streets, sidewalks and parking areas. (B) Stucco, metal, exterior insulation systems(EIFS), unfinished pre-cast concrete panels and cast-in-place concrete are prohibited as the primary material used on commercial mixed-use building facades or walls visible from streets, sidewalks and parking areas. Up to 10%of facades facing streets, sidewalks or parking areas can be comprised of one or a combination of these materials. (C) Decorative block, "renaissance stone,"smooth/textured synthetic plaster and wood trim should may be used only for decorative accent purposes and shall be limited to 10%of facades facing streets, sidewalks or parking areas, (D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt shingles, tile or real/synthetic slate and shall meet all standards required by the City building code. Standing seam finished metal roofing should be used for accent purposes only and shall be limited to 15%of the roof surface area. (E) Windows and doors shall be constructed of colored clad wood or painted metal and clear glass. Mill finish (non-colored)aluminum door and window frames are prohibited. Anodic coatings, copper, and brass finishes are acceptable alternates. (8) Commercial/Mixed Use Building Color Page 20 of 26 (A) Bright colors are prohibited as primary building colors but may be used for subtle trim accents in amounts not.to exceed 10%of the fagade area. (9) Commercial/Mixed Use'Builditg Projections (A) Buildling'entrances shall:.be visible from the street. Architectural elements, canopies, and lighting shall help to identify entrances. (B) Pedestrian,pass-ftoughs, areades or paseos, and other like permanent architectural features shall be`finished on all their surfaces with the same quality and types of matenals`as a building exterior in compliance with these guidelines. " (C) Retractable and internally lit awnings are prohibited. (D) A standard clear awning height shall be eight and a half feet(8'6") above the sidewalk. (10) Commercial/Mixed Use Mechanical Equipment and Utilities (A) Mechanical equipment and utilities shall be hidden from view along all primary and secondary street frontages. (B) Rooftop mechanical equipment shall be located in the center or rear corner of a building, away from the primary street elevation. (C) Rooftop mechanical equipment shall be screened by the roof form or a solid screen constructed of materials similar to those of the primary facade. Perforated or louvered screens may be used.. (D) Vents, gutters, downspouts, flashings, electrical conduits, and other appurtenances shall be painted to match the adjacent surface unless being used expressly as an accent material. (E) Window-mounted air conditioners are prohibited. Wall or in-wall mounted air conditioning condensing equipment is prohibited facing streets or pedestrian ways. (11) Commercial/Mixed Use Decorative Fencing (A) Wood, chain-link, and barbed-wire fencing is prohibited. (B) Decorative three foot(Y) height masonry walls may be used in conjunction with landscaping to provide screening. Decorative masonry walls shall incorporate the same or complementary materials and detailing as adjacent buildings and streetscape. Page 21 of 26 k Exh,iRG sut wall iAd I?Adkgo;,�tftmk IR']Iai19'#il S3pW,�j1��51+1��4'SICNt (12) Commercial/Mixed Use Outdoor Cafes and Seating Areas (A) Outdoor cafes and seating areas shall so be located as to maintain a minimum useable sidewalk width of not less than six feet(61). (B) Sidewalk cafes shall obtain a seasonal permit from the City of South Bend. (13) Commercial/Mixed Use Landscape Guidelines (A) Parkway Tree Lawn Plantings—All plantings within the parkway tree lawn shall obtain approval of the South Bend Board of Public Works. Page 22 of 26 (14) CommerciaUMixed Use Off-street Parking and Service Areas (A) Parking and service areas shall be located at the rear of the building. With the exception of on-street parking, parking and service areas that front primary and secondary streets are prohibited. fQ �n' 1 (B) Dedicated off-street parking for individual businesses is prohibited, with the exception of drop-off/pick-up type service businesses, which may provide one dedicated space per business, daring business hours. Multi- use buildings shall provide shared off-street parking. (C) Off-street parking areas for commercial/mixed-use buildings shall be located at Ieast fifteen feet(15') from all building fagades. (D) Where alleys are used in a commercial/mixed-use area as a means for access to and from off-street parking areas, the width of such alleys shall be at least eighteen feet(18')wide.z1v VW EM I r Not ALLOWED ALLOWED (E) Where applicable, curb-cuts should be placed to maximize the number of on-street (curb)parking spaces. Page 23 of 26 (g) Signs Any new sign shall comply with the following regulations: (1) Single Family Residential Single Family Residential uses shall be permitted signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF 1, SF2, MFI and MF2 Districts of the SBZO applicable to the single family dwellings or single family platted subdivisions. (2) Multi-Family,Residential Multi-family residential uses shall be permitted freestanding identification signs in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF 1, SF2, MF I and MF2 Districts of the SBZO applicable to the multifamily dwelling uses provided that: (A) the maximum height of a freestanding identification sign may be up to eight(8) feet above grade; and , (B) there shall be no minimum setback for such freestanding identification sign provided such signs shall not encroach into any public right-of-way or clear sign area regulated by Section 21-01.01 (t)—Clear Sight Area Requirements of the SBZO. (3) Commercial /Mixed-Use Commercial /Mixed-Use buildings shall be permitted signs in compliance with the provisions of Section 21-07.03 (e) On-Premise Signs: MU& CBD Districts of the SBZO applicable to the MU District provided that: (A) Building identification signs shall be limited to one (1) sign per building being either: a parapet mounted wall sign not to exceed forty(40)square feet in area; or, a grand projecting sign not to exceed (80) square feet in area. (B) In addition, each tenant/use within a building shall be allowed one (1) business identification sign per frontage of the tenant/use limited to either: a fascia mounted lower level wall sign not to exceed twelve(12)square feet in area per sign; or, a blade sign not to exceed twelve(12) square feet in area per sign. Page 24 of 26 Section H. Chapter 21 of the City of South Bend Municipal Code, as amended, is further amended and supplemented by applying the NNZO Overlay District to the following described property: Beginning at the intersection of the centerlines Hill Street and LaSalle Avenue; thence East along said centerline of LaSalle Avenue to the West right-of-way line of Frances Street; thence South along said West right-of-way line to the North right-of-way line of the First East-West alley South of LaSalle Street; thence West along said North right-of-way line to the West right-of-way line of the First North-South alley West of Frances and its projection North; thence South along said West right-of-way line and its projection to the centerline of Colfax Street; thence East along said centerline to the centerline of Eddy Street; thence North along said centerline to the centerline of LaSalle Street; thence East along said centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the centerline of Rockne Drive;thence Northeasterly along said centerline to the East right-of-way line of Twyckenham Drive; thence North along said East right-of-way line to the Southwest corner of Lot 38 in Wooded Estates as shown in the Office of the Recorder of St.Joseph County, Indiana; thence Northeasterly along the Southeast lines of Lots 38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive; thence Northeasterly to the Southwesterly corner of Lot 35 in said Wooded Estates;thence Northeasterly along the Southeasterly lines of Lots 35, 34, 33, 32, 31 and 30 in said Wooded Estates to the Westerly right-of-way line of Black Oak Drive; thence Northeasterly to the Northwest corner of Lot 48 in said Wooded Estates;thence East along the North line of Lots 48, 51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to the centerline of Edison Road; thence West to the East line of Lot 5 Vacval and Davidson Subdivision projected South; thence North along said East line and its projection to the Northeast corner of said Lot 5; thence West to the East property line of a parcel of land owned by the Patrick Simeri Revocable Trust(Tax Key#024-1008-0618); thence North to the Northeast corner of said Simeri parcel; thence West along the North line of said Simeri parcel to the Northwest corner of said Simeri parcel; thence South along the West line of said Simeri parcel to a point 208.71 feet North of the South line of the Southeast Quarter of Section 31, Township 38 North, Range 3 East, St. Joseph County, Indiana; thence West parallel with said South line, a distance of 208.71 feet; thence North to the Northeast comer of the Jamison Inn Condominium; thence West along the North line of said Jamison Inn Condominium to the centerline of Ivy Road; thence South along said centerline of Ivy Road to the North right-of-way tine of Edison Road; thence Westerly, Southwesterly and Westerly along said North right of—way line of Edison Road and changing to Angela Boulevard to the Southwest corner of a parcel of land having Tax Key Number 18-51234392.02 in records of the St.Joseph County Auditor's Office; thence North along the West property Iine of said Tax Key Number 18-51234392.02 to the centerline of the now vacated Angela Boulevard; thence Southwesterly along said centerline of the now vacated Angela Boulevard to the centerline of Notre Dame Avenue; thence West along the centerline of Angela Boulevard to the West line of Lot 95 University Heights as shown in the Office of the Recorder of St. Joseph County, Indiana projected North; thence South along the West lines of Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32; thence West along the North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence South along said centerline to the centerline of Napoleon Street; thence West along said centerlinc to the ccnterline of Niles Avenue; thence Southeasterly along said centerline to the centerline of Corby Street; thence East along said centerline to the first North-South alley West of Hill Street; thence South along the centerline of said alley and said alley extended to the centerline of Crescent Avenue; thence Northeasterly along said centerline to the centerline of Hill Street: thence South along the centerline of Hill Street to the place of beginning containing 594.61 acres more or less. Page 25 of 26 Section 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Counci Attest: is co ,b� � City Clerk opporway IF "�' Cound 800n Oil Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock M. City Clerk Approved and signed by me on the day of 2011 at o'clock m, ' Mayor of the City of South Bend, Indiana F110d in 3—[ d-1j st READING JUN 2 3 2011 -UBLIC HEARING j i rd READING Page 26 of 26 a0T APPROVED �s CLERK HNgo 0ROE tITE! ; ;g tEFERP.ED .�.....�._ _� IaCCF� ` ' 7;SSigpy, �GQ��N �f'TS� ST. JOSEPH COUNTY/SOUTH BEND $0U" .J�� BUILDING DEPARTMENT o� AAV Q 125 S. LAPAYETTE Blvll. o SUITE 100 h SOUTH BEND, IN 46601 (574) 235-9554 �� ry TDD 574-235-5567 x FAX 574-235-5541 1865 JAMES D.MARKLE,R.A. CHARLES C.BULOT MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator July 20, 2011 South Bend Common Council 4th Floor, County-City Bldg, South Bend, Indiana 46601 RE: Substitute Bill No. 18-11 Dear Council Members: We are submitting a revised bill. The revision made is in Section 1 (b) (1) a, The Cost per Square Foot (CSF) times the Total Square Footage (TSF) times the Local Variable Factor(LVF) of$.00118 was changed to $.00098. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Charles C. Bulot, C.B.O,, C.F.M, Building Commissioner CCB/rkn Filed in Clerk's, Office JUL 2 t) ?.01i JOHN VOORDE r NA (g 3- REVISED ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend and the County of st, Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board". In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic review of the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Department. This review revealed that the Department has been operating with a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of$38,560. Therefore, it has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6, Article 1, Section 6-4 (b) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: (b) Unless otherwise provided in the Building Code, the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. zXXXXX (100,000) square feet and ten AQL --- feet, with a Minimum fee of twenty dollars 42"0)-. (1) The fee for permits issued for residential and commercial new construction and building additions shall be based upon the following: a. Cost per Square Foot (CSF)times„the,Total Square Footage (TSFtimes the Local Variable Factor VF of .$.00098. b. Cost per Square Foot (CSF) shall be determined b�h_e_International Code Council Building Valuation Table in effect in January of each year. C. The cost per sctuare foot (CSF) by occupancy classifications shall be amended as follows: 1. Groups F-1, F-2 11-1 H-2 H-3 H-4 and M shall have the same rate as A-3. 2. Groups 1-4,R-2,and R-4 shall have the same rate as 1-1. 3. Groups S-1 S-2, and U shall have the same rate as R-3. d. Minimum Fee - $30.00 (2) Permits issued for all alterations, repairs, remodeling of existing structures over five hundred dollars ($500.00), fence installations, in-ground pool installations, communication towers, and utilities shall be subject to the following fee schedule: Estimated Construction Costs..... .............................................................................Permit Fees $1.00 to 1,000.00.............................................................................20.00 30.00 1,001.00 to 2,000.00.........................................................................25-08 35,00 2,001.00 to 3,000.00................................................................................................39:80 40.00 3,001.00 to 4,000.00.................................................................................................3--5:08 45.00 4,001.00 to 5,000.00.,...............................................................................................49:88 50.00 5,001.00 to 6,000.00.................................................................................................45:08 55.00 6,001.00 to 7,000.00.................................................................................................50.08 60,00 7,001,00 to 8,000.00.................................................................................................x:80 65.00 8.,001.00 to 9,000.00........................................................ . ........._.........................§8:98 70.00 9,001.00 to 10,000.00...............................................................................................6-5.00 75.00 10,001.00 to 11,000.00.............................................................................................70:88 80.00 11,001.00 to 12,000.00....................................11........................................................7 : 85.00 12,001.00 to 13,000.00.............................................................................................8,0:80 90.00 13,001.00 to 14,000.00.............................................................................................85.00 95.00 14,001.00 to 15,000.00.............................................................................................90:00 100.00 15,001.00 to 16,000.00.............................................................................................95.00 105.00 16,001.00 to 17,000.00........................................................................................... 100.0 110.00 17,001.00 to 18,000,00............................................................................................]9§.A9 115.00 18,001.00 to 19,000.00............................................................................................110:00 118.00 19,001.00 to 20,000.00............................................................................................1 13:08 121.00 20,001.00 to 21,000.00............................................................................................1 8.08 124.00 21,001.00 to 22,000.00:........................................................................................... 1:00 127.00 22,001.00 to 23,000.00............................................................................................x-24:90 130.00 2 23,001.00 to 24,000.00................................................................................ .....427.00 133.00 24,001.00 to 25,000.00................................................................................ ........4-3,€L;A9 136.00 25,001.00 to 26,000.00............................................................................... .....133 0 139.00 26,001.00 to 27,000.00.................................................................................................................................. 142.00 27,001.00 to 28,000.00.......................................................................................... . 0 145.00 28,001.00 to 29,000.00............................................................................................442:89 148.00 29,001.00 to 30,000.00. .................................................................................... .145:-88 151.00 30,001.00 to 31,000.00................................................... 31,001.00 to 32,000.00............................... ................ ..........................................1�8-:88 154.00 .. 32,001.00 to 33,000.00................................................ ...........................................�9 157.00 ...........................................444.00 160.00 33,001.00 to 34,000.00............................................................................................4-3 :80 163.00 34,001.00 to 35,000.00............................................................................................410-08 166.00 35,001.00 to 36,000.00....................................................................................... .13:09 169.00 36,001.00 to 37,000.00........................................................................................... 4-98 172.00 37,001.00 to 38,000.00.,..................................................................... ....................4-01-4-.00L- 175.00 38,001.00 to 39,000.00............................................................................................i 7-2.00 178.00 39,001.00 to 40,000.00..................................................................................... 40,001.00 to 41,000.00......................................................... .......175:88 181.00 41,001.00 to 42,000.00..................................................... ...................................44" 184.00 42,001.00 to 43,000.00. 184-80 187.00 43,001.00 to 44,000.00....................................................................... .....................18x4 0 190.00 44,001.00 to 45,000.00................................................................... ......................944 193.00 45,001.00 to 46,000.00............................................................... . .........................48$-98 196.00 46,00 1.00 to 47,000.00............................................................. .. ...........................1 -:99 i 99.00 47,001.00 to 48,000.00......................................................... ...............................-1-x:98 202.OQ 48,001.00 to 49,000.00..................................................... ...................................4s39:-88 245.00 49,001.00 to 50,000.00............................................................................................22:08 208.00 50,001.00 to 51,000.00............................................................ ... .....................2 878 211.00 51,001.00 to 52,000.00......................................................... ............................28$68 214.00 52,001.00 to 53,000.00............................................................................................�88 217.00 53,001.00 to 54,000.00.......................................................................... ................24-4:-09 220.00 ..................21-7:99 223.00 54,001.00 to 55,000.00............................................................................................220.00 226.00 55,001.00 to 56,000.00............................................................................................2-23:90 229.00 56,001.00 to 57,000.00..............................................................................I.............2., 232.00 57,001.00 to 58,000.00............................................................................................" 89 235.00 58,001.00 to 59,000.00............................................................................................232,00 237.00 59,001.00 to 60,000.00............................................................................................2-4:-Q0 239.00 60,001.00 to 61,000.00.............. .............................................................................237LAO 241.00 61,001.00 to 62,000.00............................................................................... .............239798 243.00 62,001.00 to 63,000.00............................................................................................24-1:88 245.00 63,001.00 to 64,000.00............................................................................................243:89 247.00 64,001.00 to 65,000.00............................................................................................243:98 249.00 65,001.00 to 66,000.00............................................................................................247:99 251.00 66,001.00 to 67,000.00............................................................................................249:08 253.00 67,001.00 to 68,000.00............................................................................................2.341:89 255.00 68,001.00 to 69,000.00.............................................................................................253 0 257.00 69,001.00 to 70,000.00............................................................................................25-5.00 259.00 70,001.00 to 71,000.00............................................................................................x.00 261.00 71,001.00 to 72,000.00............................................................................................259.00 263.00 72,001.00 to 73,000.00............................................................................................261.00 265.00 73,001.00 to 74,000.00.,,..,............................................... ......................................263.00 267.00 74,001.00 to 75,000.00........................................I...................................................265.00 269.00 75,001.00 to 76,000.00............................................................................................267.00 271.00 76,001.00 to 77,000.00............................................................................................29.00 273.00 77,001.00 to 78,000.00............................................................................................271-.00 275.00 78,001.00 to 79,000.00............................................................................................27300 277.00 79,001.00 to 80,000.00............................................................................................275.09 279.00 80,001.00 to 81,000.00....................................................................:.......................277.00 281.00 81,001.00 to 82,000.00............................................................................................279.00 283.00 82,001.00 to 83,000.00............................................................................................281.00 285.00 83,001.00 to 84,000.00............................................................................................283.00 287.00 84,001.00 to 85,000.00............................................................................................285.00 289.00 85,001.00 to 86,000.00............................................................................................287.00 291.00 86,001.00 to 87,000.00...................................................................... .....................289.0 0 293.00 87,001.00 to 88,000.00.,................................................... ..................................291.00 295.00 88,001.00 to 89,000.00............................................................................................29- 0 297.00 89,001.00 to 90,000.00............................................................................................295.00 299.00 90,001.00 to 91,000.00............................................................................................29;:00 301.00 91,001.00 to 92,000.00-.................................................................... .....................29 00 303.00 92,001.00 to 93,000.00............................................................................................201:00 305.00 93,001:00 to 94,000.00............................................................................................38398 307.00 94,001.00 to 95,000.00............................................................................................305.00 309.00 95,001.00 to 96,000.00....................................................................,.......................30708 311.00 96,001.00 to 97,000.00............................................................................................309.08 313.00 97,001.00 to 98,000.00............................................................................................311.00 315.00 98,001.00 to 99,000.00............................................................................................34300 317.00 99,001.00 to 100,000.00..........................................................................................315.00 320.00 100,000 and up........................................................................................................315:00 320.00 Plus, per thousand dollars ($1,000.00) of estimated construction cost thereafter, up to one million dollars ($1,000,000.00)total estimated construction cost ........................... .....0:7-5 0.90 Plus, per one thousand dollars ($1,000.00) of estimated construction costs thereafter A-.50 0.60 (3) �:' A dollars ($25 n"` Thirty dollars ($30.00) for each re-inspection made by department inspectors of commercial and industrial projects. (4) Fifty dollars ($50.00) Sixty dollars ($60.00) for each additional final inspection necessitated by the failure to pass the previous final inspection. 4 (7) Sign Permits. Fees shall be charges-d for the issuance of permits for the installation or erection of freestanding signs; billboards, including outdoor and off-premises signs; facia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one (1) square foot or less of display area and embellishments: No fee b.One (1) square foot to twenty-five (25) square feet of display area and embellishments: ThiAy dollars ($30.00) Forty dollars ($40.00); c.Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments: Fift dell ars f$50-.044) Sixty dollars ($60.00); d Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Eighty-five„dollars..($85 00); e. In excess of one hundred (100) square feet of display area and embellishments: One hundred deflar-s 00.00) One hundred twenty dollars ($120.00)-, f. Temporary signs: Fi-rsttk:4 . (an) days pe Initial permit, Thirty-five dollars ($35.00); each thirty (30) day-s--r,7 extension of a temporary permit, Fort -five dollars ($45.00). (8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 er square foot with a minimum fee of Thi dollars $30.00 . venty- b. Commercial: 1. $0.015 l2er square foot with a minimum fee of Forty dollars ($40,00). dellar-s ($35-.00)Pef story on building whieh have W to fotif thOUSOAIA A IVIA11 W41NN1 V feet per st 2. Fifty dollafs ($50.00)per- story ejj_b���� (4,001)to ten theusand , siefy en buildings whk4i-��� one (10,00 1 ,000) square fe atjxw�, 4. One hundred del lar-s ($100.00)per-stery en bui Idings "i eh have avep4wenty- (25,000) squafe feet per story. Each building sewer: a. Under 100'........................ .. 10.0A 12.00 ........................................................................... b. 100' or over.................................................................................................... 28:89 25.00 Each building water: a. Under 100'..................................................................................................... 1-0.00 12.00 b. 100' or over................................................................................................... 28-00 25.00 L55,) Each water softener.............................................................................................. 6:00 7.00 Eachtrailer park sewer....................................................... ................................. 9:09 10.00 Each drain within building for rainwater systems................................................ 3:90 6.00 Each water heater and/or vent............................................................................... 6:00 7.00 L9,) Each gas reconnection............................................................................................ 20.00 30.00 1U0)Each gas piping system, per outlet.......................................................................... 2:-00 3.00 LUI Each industrial waste pretreatmcut interc.eption,_including its_trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps........... 7L.W 8.00 Nnstallation, alteration or repair of water piping and/or water treating equipment.. X90 6.00 Repair or alteration of drainage or vent piping. ..................................................... 5-08 6.00 14 Each drywell............................................................................................................48:00 12.00 Each lawn sprinkler system on any one (1) meter, including backflow protection devices thereof.................................................................................... 3-00 6.00 Fire protection sprinkler system: a. Up to 30 heads...............................................................................................20.00 30.00 b. Plus each additional 10 heads thereafter .................................................. 7:00 8.00 L17)Gas tanks and pumps...............................................................................................10.0 12.00 Back-up generator— gas line: a. 10 Kv or less. 30.00 b. Over I OKv. 50.00 i9) Each re-inspection............................................................................................... 24:90 30.00 k2o Each additional final inspection...'....................................................................... 38;80 60.00 (e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three (3) times, once each for underground work, rough-enin work, and final completion. A complete line test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify the plumbing inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of thin, dollars ($30.00) shall be charged for each future inspection of that stage of work. Section V. Chapter 6, Article 1, Section 6-24(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c)Fees. Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below; with a minimum permit fee of thirty_d_ollars ($30.00): (1) Temporary service far construction: Allamperage............................................................$ 7.00 (2)Switchboards and panel hoards each, new and replaced- 60-amp......................................................................$ 7.00 100-amp.................................................................... 9.00 200-amp.................................................................... 12.00 400-amp.................................................................... 15.00 600-amp.................................................................... 20.00 Over 600-amp to 2,000 amp,.................................... 25.00 Over2,000 amp........................................................ 50.00 (3) Circuits (new or replaced): a. Each circuit........................................................... 5.00 (4) Horsepower (machinery): a. First hp.................................................................. 7.00 b. Each additional hp................................................ 0.25 (5) Back-up;generator: a. 10 Kv or less. 30.00 b. Over 10 Ky. 50 00 (5)(6)Pool wiring and/or bonding..................................29,9 30.00 (6)(7)Repair, extension, and/or maintenance of wiring.........20.00 30.00 (7)(8)Reset, relocation, reconnect fees, each........................... 299 30.00 (8)(9) Each re-inspection fee......................................................25.0 30.00 (9),(1O)Each additional final inspection......................................50.00 60.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit, a permit may be taken for the minimum amount known with new permits issued as the extent of the work is known. Section VI. Chapter 6, Article 1, Section 6-25(a) of the South Bend Municipal Code be and hereby is amended to read as follows: (a) All electrical wiring and equipment installations and alterations requiring a permit shall be inspected by the Electrical Inspector. The permit holder shall notify the Electrical Inspector at least twenty-four (24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of the dollars ($30.00) shall be charged for each future inspection of that stage of work. Section VII. Chapter 6, Article 1, Section 6-36.3(c) of the South Bend Municipal Code be and hereby is amended to read as follows: (c) Fees. Each application for a permit for installation of heating, ventilating, air conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance with the schedule below, with a minimum permit fee being thirty dollars $30.00 . When the total capacity of any system in any single installation is provided by more 8 than one (1) unit, the sum of the capacities of each unit and the total number of such units shall determine the fee. Space heaters, each 30,000 Btu input or more........................................ 20;00 30.00 ,(2) Warm-air furnaces, unit heaters, cabinet heaters, and radiant tube heaters: A. Up to 300,000 Btu..................................................... 20.00 30.00 b. 300,000 Btu input or more........................................................... 30-0040.00 JD Oil and gas conversions: A. Up to 300,000 Btu input.......................I......I................. 20.00 30.00 b. 300,000 Btu input or more............................................................ 30.00 40.00 Electric furnaces (air handling): a. Less than 100 kw input.................................................. 20.09 30.00 b. 100 kw input or more.................................................................... -30.08 40.00 CQ Air Conditioning: a. Central, electric: 1. Less than 5 tons..................................................... 20.09 30.00 2. 5 to 10 tons.................................................................................30.00 40.00 3. Over 10 tons...............................................................................50.00 60.00 b. Water chillers.................................................................................. 3:90 85.00 c. EMI-air blower................................................................................2000 30.00 Ventilating and exhaust systems: a. Less than 500 CFM capacity.................................................5-09 6.00 b. 500 to 1,500 CFM capacity.................................................. 9:09 12.00 (Plus 1.00 for each 500 CFM or fraction thereof in excess of 1,500 CFM) Ventilating commercial hoods, including make up air: a. 500 CFM to 1,500 CFM capacity.........................................3000 60.00 b. Over 1,500 CFM capacity.................................................. 58:08 120.00 Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment: a. 1 to 5 horsepower, each........................................................4-,00 17.00 b. 6 to 10 horsepower, each......................................................25.08 30.00 e. More than 10 horsepower, each............................................40.00 45.00 Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each: a. Up to 7 '/z tons.................................................................... 40.08 45.00 b. 7 '/2 tons or more................................................................ 604 70.00 Heat pumps: a. 1,000 to 60,000 Btu's input.................................... 20.00 30.00 b. 60,000 to 300,000 Btu's: 1. Up to 7 % tons,each.................................................4099 45.00 2. 7 %tons or more, each..............................................75.00 85.00 c. Earth, coupled water source...................................................30.09 60.00 LUI Boilers, steam or hot water: a. Up to 300,000 Btu's............................................. 20.00 30.00 b. 300,000 Btu's or more..........................................................50:99 60.00 Through-wall combination air conditioning/heating and VAV boxes w/coil: a. First unit.................................................................................29:99 30.00 LEach additional unit..............................................................10.00 12.00 c. Solar heat units..................................................................... 5099 60.00 Air handlers a. 400 CFM to 2,500 CFM......................................................... 30.00 b. Over 2,500 CFM............................................ 69:99 70.00 14 Back-up generators--gas line: a. 10 Kv or less. 30.00 b. Over 10 Kv. 50.00 15 Duct and register: a. First 15 openings, per system. 30.00 b. Each openinq thereafter per s stem. 1.00 Gasreconnection, each...............................................I....................... 20-0030.00 Gas piping(distribution of piping to equipment) to be included on permit application Each gas piping system, per outlet.......................................... X90 3.00 Woodburning stoves,per flue (including chimney and chimney connector)..................................................................... 2-0: 9 30.00 (19) Each reinspection fee............................................................................25,00 30.00 (20) Each additional final inspection............................................................50.09 60.00 SECTION VIII. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. .9. 0 t Member, South Bend Common C ncil Attest: d e ,•� a � r s � iY d�•:Do47.k? -A b �153v �.t a.. ?s'.t 2..4 r;�d!J'�.a,yy t� ,�. City Clerk Couar.0 non me 6" Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of ? 2 , at o'clock m. Mayor, City of S ► READING 1.0 Filed in V m rk's Office D$LIC HEARING A READING JUL > 0120111 DT APMOVED _ FERRED JOi~ N VOOF6I E _.. rtrvv rt cou c^i rim salon tt,r �SO V Ttl 8F �O` l}14�1r�r�/I'tG 1400 COUNTY-Cry BmDJNG �\\ �j PHONE 5741235-9.241 227 W JFFa.RSOrr BOULEVARD � , ��i FAx 574/235-7670 SOUTH BEND,INDIANA 46601-1830 A � 38b5 CITY OF SOUTH BEND STEPHEN J. LuECKE,MAYOR DEPARTMENT OF ILAW CPARLES S. LEONE ALADEAN M. DERosE CITY ATroRNFX CHTF.F AssrsrANT C=ATToRNRY August 18, 2011 Mr. Derek Dieter President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 Re: Substitute Bill 48-11 Dear President Dieter: Please accept for filing with the Common Council Substitute Bill 48-11 which amends various Sections of Chapter 4, Section 61 of the South Bend Municipal Code regulating the licensing of taxi companies, taxicabs and taxi drivers. .'his Substitute Bill modifies the original Bill regarding the dates for issuance of licenses and fees in subsection (uu) of Section 4-61, and it contains some minor typographical changes as well. Thank you again for your consideration of this matter.. Sincerely, Ann Carol Nash Assistant City Attorney Enc. Cc: A. DeRose o s RG� Ti4omAs L. BODNAR CHERYL A. GRPENF, ANN-CAROL NAsH ANDREA L. BEACHKoFsKY LAWRENCE j.METENER JEFFREY L. SANFORD ,JOHN E. BRODFN SUBSTITUTE BILL 48-11 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code to revise provisions for the licensing of taxicab companies, vehicles and drivers . The Common Council of the City of South Bend determines that it should amend the taxi license requirements to promote the safety of taxicab drivers, passengers and the general public. Taxicab companies and drivers should provide reliable and consistent service . The standards for taxi service should be easily understood and enforced. The amendments to the taxi license requirements will enhance the quality of life in the community, create a favorable impression of the City, and encourage residents and visitors to make greater use of taxi services and other amenities within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS : Section I . Chapter 4 , Article 4, Section 4-17, of the South Bend Municipal Code shall be and hereby is, amended to read as follows : (a) The following businesses' shall be licensed annually and charged the fee so designated. Every business which fails to obtain a proper renewal license by, the date required by this section, shall be assessed an additional late fee of ten (10) percent of the total fee charged, which shall be paid prior to the issuance of a license . (b) Licenses issued pursuant to section 4-45 and 4-46 shall be renewed on or before March I or April 1 of each year following the year in which they are issued or renewed, according to the name of the business holding the license . 1 If the name of the business holding the license begins with a letter falling between A and M within the alphabet, the renewal date shall be on or before March 1 of each year. If the name of the business holding the license begins with a letter falling between N and Z within the alphabet, the renewal date shall be on or before April 1 of each year. Licenses issued pursuant to section 4--48 shall be renewed on or before May 1, of each year following the year in which they are issued or renewed. Licenses issued pursuant to section 4-61 shall be renewed on or before ffunc October I of each year following the year in which they are issued or renewed. All other licenses issued pursuant to this chapter shall be renewed on or before January 31 of each year. (c) In the event an application for a new license is made six (6) months after the applicable renewal date, the fee shall be prorated to one-half ( } of the yearly license fee. (d) Regulated business : (1) Adult business . (2) Alarm agent . (3) Arborist, tree service. (4) Carnivals and circuses . (5) Automotive repair and service centers . (6) Food vending vehicles . (7) Hotels, motels . (8) Laundries, laundries (self-service) , self-service dry cleaners . (9) Massage parlors . (10) Massage technicians . (11) Open air stands . (12) Peddlers and canvassers . (13) Outdoor motion picture theaters . (14) Paraphernalia (drug related) . (15) Pool halls . (16) Precious metals . 2 (17) Public parking facilities . (18) Recycling drop off centers . (19) Restaurants . (20) Restaurants with live entertainment, music (class A and B cabarets) . (21) Rubbish and garbage removal . (22) Scrap metal dealers, transfer stations, recycling operations, junk dealers . (23) Secondhand dealers . (24) Solicitations, charitable . (25) Taxicab companies, vehicles and drivers . (26) Transient merchants . (27) Vehicle removal service. Section II. Chapter 4 , Article 4 , Section 4-61, of the South Bend Municipal Code shall be and hereby is, amended to read as follows : Sec . 4-61. Taxicabs; companies, vehicles and drivers . (a) Definitions. As used in this section: (1) Company license means the written license issued by the Controller authorizing the holder to conduct a taxicab business in the City. (2) Cruising means the driving of a taxicab on the streets, alleys or public places of the City, in search of or soliciting prospective passengers for hire . (3) Driver means any person who is in actual physical control of a taxicab and is operating the taxicab for hire. (4) Driver 's license means a written license issued by the Controller to a person to drive a taxicab upon the streets of the City. (5) Holder means a person to whom a company license has been issued. 3 (6) Manifest means a daily record prepared by a taxicab driver of all trips made by such driver showing time and place of origin., destination, number of passengers and the amount of fare of each trip. (7) Operator means any person owning, in charge of, or managing a taxicab business in the City. (8) Rate card means a card for display in each taxicab which contains the scheduled rates of fare charged by the operator of such taxicab with a receipt of the Controller. (9) Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of twelve (12) or ±ess• fewer persons, including the driver, and not operated on a fixed route. (10) Taximeter means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. (11) Taxi stand means a place on public property where the Board of Public Works has authorized a holder of a company license to receive passengers . (12) Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger. (13) T> hic e Taxicab license means the written license issued by the Controller authorizing the vehicle to be driven as a taxicab in the City. (b) Taxicab inspection; issuance of license; maintenance: (1) Inspections . Prior to the operation of any vehic±e taxicab under this section and prior to the issuance of a vehicle license, the vehicle taxicab shall be thoroughly examined and inspected by the Depattment of Central Services Division and the Bureau of Weights and Measures and found to 4 be in s q od operating _ condition, clean, free of rust and body damage, and in compliance with the requirements of this section. Each taxicab must be equipped with the following driver protection and safety features, all of which shall be in conformance with specifications adopted by the Board of Public Works : a. A system enabling the silent activation of a distress or trouble signal by the driver; and b. Signs or decals affixed to the taxicab advising the public that the driver carries no more than a certain sum in change . The sum specified shall be between five dollars ($5 . 00) and thirty dollars ($30 . 00) . The equipment required by this section shall be maintained in good working order at all times . The taxicab license for any vehicle taxicab in violation of this section shall be subject to immediate suspension, and such vehicle shall be subject to impoundment as provided hereafter. Members ' of the Police Department, the De artment of Code Enforcement ersons with special police commissions issued by the Board of Public Safety.,. or the Central Services Division may conduct unannounced inspections of taxicabs in order to ensure compliance with this section' s Provisions, and shall re ort an noncom liance to the Controller. (2) License issuance upon compliance . When the Departmei t e, Central Services Division and the Bureau of Weights and Measures finds that a -eh±-com taxicab is in safe good operating condition, is in compliance with the requirements of this section, and has met the standards established by this section, the Controller shall issue a veh-e-le taxicab license to the owner or driver of the veh-ic� taxicab. The license shall state the authorized seating capacity of the vehicle. (3) Periodic inspections . Every taxicab operating under this section shall be periodically inspected by the Bepartment of Central Services Division at such intervals as necessary to ensure the maintenance of safe good operating conditions . in addition no license or renewal of license 5 shall be issued for any vehicle unless it has passed both Central Services Division and Bureau of Weights and Measures inspections within sixty (60) days prior to such issuance or renewal . The scheduling of inspections is the responsibility of the taxicab company. Every_ taxicab must be inspected at Least once every six months .. _If_ a taxicab is inspected by the St . Joseph County Airport . Authority and the company owner presents a certificate no less than 14 days after it is issued to the Central Services Division six months after the Central Services Division inspects and approves the taxicab, the six month .inspection requirement is satisfied, if the company owner _does not present a St . Joseph County Airport Authority certificate,_ the owner is responsible for having the taxicab reinspected by the Central. Services Division. The City Controller shall post on the City_website taxicab inspection forms , used .by_ the Central Services Division and the Airport Authority, along.- with the Airport Authorit standards and requirements for taxicabs for hire. Taxicabs fail to ass ins ection or for which a scheduled inspection is missed will be subject to a twenty-five . dollar 25 . 00 reinspect ion fee which will be due at the time of reinspection. (4) Cleanliness Every taxicab operating under this section shall be kept in a clean and sanitary condition inside the passenger area and trunk and outside the vehic le taxicab. The interior of the taxicab must be free of debris and loose dirt and foul odors . The upholstery must be free of grease , food ashes dirt and stains and not ripped or torn. Body and _operating condition. Vehi e-1 Taxicabs must also be free from mechanical_ defects, rust and body damage. All taxicabs that have -any.---body-any.---body damage, mechanical disrepair, or other damage or defects must be repaired in a skilled and professional manner before being licensed or operated as taxicabs within the City. Vans and sport utility vehicles used as taxicabs must be equipped with a running board or step to assist passengers entering and exiting the taxicabs . Members of the Police Departtner.t, the Departmerit Of- Code Enforcement, or the --e-partment of eentral b ILLCL7 conduct periodic, unanx ounced inspections of taxicabs in order to ensure compliance with thi8 h-JG-Lj-CLg.LCX4PIT---,-� PT 0 V and shall report any noncompliance to the r (-5�6) Top lights ._ Every taxicab operating under this section shall have a top light permanently affixed which indicates that the vehicle is a taxicab. The top light must be in good working order and must be illuminated between sundown and sunup each day while it is in operation. 7 Exhaust system. Every taxicab., must be equipped with a muffler in - good working condition. The engine and power mechanism of every taxicab shall be so equipped and adjusted as to prevent escape of excessive fumes, smoke or noise . (g) Brakes . Every taxicab must be e q uipp ed -with service brakes d ra es_upon. all wheels , The brakes must be a eq uate to control-__the movement of and to stop and hold such taxicab, including two separate means of a lyinq the brakes . All brakes shall be maintained in good working order and shall be -so- adjusted as to operate as practicable as with_ respect to the wheels on the opposite sides of the taxicab. C91_. Bumpers .. Every taxicab must be equipped with-bumpers . Bumper -covers must be complete and not ripped or torn. (10) Horn. - Every taxicab_ must be equipped with a horn in good woKkina order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no _horn_ shall emit an unreasonably loud or harsh whistle. - 11-)_ Headlights and tail lights . Every taxicab must be equipped with at at _least _two _tail - lamps_ mounted on the rear which when lighted -shall emit a red light plainly visible from a distance of 500 feet to the rear. The lamps must be located at - a_ height of not more than seventy-two (72) or less than twent 20 inches . In addition either a tail lamp or a separate lam must be laced so as to illuminate with a white light the rear registration_--plate of the taxicab. Lenses must not be cracked or broken. 7 12 Reflectors , Every taxicab must have on the rear, either_ as a part of the tail lamps or separately, two red reflectors_ which must be mounted at a height of _ not�less than twenty (2 twenty or more than sixty (60) inches from _..... level ground. 13 Stop lamps . Every taxicab must be equipped with a stop lamp or lamps on the rear of the taxicab which shall dis la a red light and which shall be activated upon application of the foot brake . Such lamps shall be in operable condition. 14 Turn and hazard signals . Every taxicab must be equipped with lamps or mechanical signal devices on the foot „ and rear for the purpose of indicating intention to turn ... g a_......_._._.__,.,..._..... either to the right or the left . Both front and rear lamps must flash the intended turning direction of the taxicab and must be in good working condition. Four_(4) -way hazard flashers must also be operable. (15) Mirrors . Every taxicab must be equipped with a mirror so located as to reflect to the driver a view of the roadway for a distance of at least 200 feet to the rear of the taxicab. Lenses must not be cracked or broken. (16) _Seat belts . Every taxicab must be equipped with seat belts for the driver and for each of the passengers . These belts must be in good repair and available in -plain view for passenger use . (17) Tires . All tires on the taxicab must have rubber on the entire traction surface at least 3/32 inch thick above the wear out strips on the entire periphery. _.,.,......_. (18) windows . All windshields and windows in every taxicab must be free of cracks, breaks or chips . No signs may be placed - on a taxicab windshield except non-transparent ones which are no larger than four (4) inches__square . Such signs May be laced on the windows in the lower corner furthest from the driver' s osition. No advertisements may be place d on windows or windshields . (19) Windshield wipers . Every taxicab must be, equipped with windshield wipers controlled by the driver. Every 8 windshield wiper must be maintained in good working order. 12-0-L Company association. Every taxicab must be associated with a company licensed under this section and the company operator shall be responsible for avoiding the transfer of taxicabs from one compally company to another or the addition or deletion of taxicabs available to the compaDy company without prior inspection and approval, and for avoiding__lapses in the insurance and standards required b this section. (21.1- Taxicab complying with definition. Every taxicab shall comply with the definition of a taxicab set forth in this section including the seating capacity,----in order to o erate for hire, _(22.1 Effective no later than January 2 2013 every taxicab must-be _equipped to make audio and visual recordings within the taxicab, and such recordings must be in use during each y g _ „ preserved for sixty passenger ride . Recordings shall be , , (607 days_ and made available to the Ci„ty Controller, the South Bend Police Department, or an-y other City Department required to enforce provisions of this ordinance upon request: of the Department . 23 Effective no later than January 2 , 2013 , no taxicab may be licensed if it is more than seven (7) model years old. _L__�_ .. e standards required 24 Any taxicab which fails to meet th by must be taken out of „service and not operated until is it reinspected and Passes _inspection. The taxicab owner must return the City issued taxicab plates to the Central Services Division immediately upon taking the vehicle out of service . (c) Information on exterior of taxicab; no imitation of insignia; removal of identifying information: (1) Every taxicab shall bear on the outside of each front or rear door, in letters between three (3) and five (5) inches in height, the name of the holder of -a the company license, the number of the vehicle taxicab license between three (3) and five (5) inches- in height on the rear of such vehicle taxicab, and a x_ hicie taxicab license plate bearing 9 the number .of the license and the year of issuance . (2) The taxicab may shall bear an identifying color, - color scheme or design approved by the eontroller Central Services Division. To promote uniform standards and to assist the public in identifying taxi companies, all _taxicabs_ licensed under the same company name shall bear_ the same color, color scheme or design as the other licensed under the same company name . No vehicle taxicab covered by the terms of this section shall be licensed whose color scheme, identifying design, monogram; or insignia to be used thereon shall, in the of the eorttroiier,, conflict with or imitate any color scheme, identifying ' design, monogram or insignia used on vehicic8 taxicabs already operating under this section, in such a manner as to be misleading or tend to deceive or defraud the public . If after a license has been issued for a taxicab, the color scheme, identifying design, monogram or insignia thereof is changed so as to be; the opinion of the controller7 in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license covering such taxicab shall be suspended or revoked pursuant to the provisions of section 4-16 . (3) If a company ceases use of a vehicle as a taxicab, the company operator shall immediately remove the City license plate, company name, taxicab number and all other letters or numbers identifying the vehicle as a taxicab. The company operator shall return the license plate to the City _within one (1) business day after. the company the vehicle as a taxicab. The failure of the company operator to comply with this requirement may _result_ in fines and enforcement procedures , including company _ revocat3on, pursuant to section 4--16 . 4) Every taxicab must have - posted on the rear passenger side door a list of all rates charged. The must_ be the same as that set forth in the company application or the most recent change of rate notice provided to the Controller. Rates must be legible and letters and numbers setting forth rates must be at least one Z inch in height . 10 (d) License and overall service required of taxicab companies; manifest required; refusal deemed a violation; revocation: (1) No person or :entity shall transport or offer to transport a passenger for a fare in any vehicle required to be licensed as ataxicab unless the person or entity first obtains a company license pursuant to this section. A-I-± operating under the provisions of this section shall fir apply for and obtain ' a company ±icens-e— All taxicab companies shall render service to all members of the public desiring to use taxicabs to travel to and from all locations within the City. Each company_-application shall accompanied by a co of the certificate issued b the Indiana Secretar of State demonstrating the companV name and form of organization, and shall contain the business address and registered agent. (2) Holders of taxicab company licenses shall maintain a properly zoned office with a telephone line answered twenty- four (24) hours a day for the purpose of receiving calls and dispatching cabs . The telephone line must be answered by a dispatcher or other person who is not operating a taxicab at the time he or she is answering the telephone or dispatching taxicabs No taxi company may accept calls or dispatch taxicabs from a taxicab or from a -Propertv that is not properly zoned. They shall answer all calls received by them for services inside the corporate limits of the City as soon as they can do so. if the services cannot be rendered within a reasonable tame, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. if a cofft any occurrence,perating–a lawful taxicab business at the time of passage of this ordinance d'oes not -th�--e hundred it-1housand do!! s of liability coverage per urt least three (3) vehicles in and top lights as Tuqutred by this sectic that company sinall have twelve (H:2) months af ter the ef fe-c-tive date of this ordinance to meet such requirements and to submit proof of compliance tI--' the eontroiler. The failure of a company license holder to have a telephone call for service answered within in a. reasonable time shall result in the issuance of fines– license suspension or revocation, or other sanctions as 11 provided in this chapter. (3) Any taxicab company or ' taxicab driver that refuses to accept a call anywhere in the corporate limits of the City at any time when such company or driver has available taxicabs, or who fails. or refuses to give overall taxicab service, shall be deemed a violator of this section. The license granted to such violator shy may be revoked or suspended, or the violator may receive a citation pursuant to the provisions of section 4-16 . However, any taxicab driver or company shall have the right to refuse service to a drunk or disorderly person, or to a person who has previously refused to pay the legal fare, or to a person who has threatened or menaced the taxicab driver. Any taxicab company shall also have the right to make reasonable policies and rules for the safety of its drivers and passengers, so long as it does not engage in illegal discrimination or refuse to render overall service . (4) All companies shall register, maintain, license and insure at least six (6) taxicabs in order to obtain taxi company licenses, and shall have in service at all times, at least two (2) taxicabs licensed under this section. (5) All companies shall list on their application and at all times have registered to drive their company taxicabs at least six (6) drivers in order to obtain company licenses,.. with at least two 2) of those drivers operating at all times . (6) If a company operating a lawful taxicab business at the time of passage of this ordinance does not have at least six (6) taxicabs in service, _ and at least six (6) company drivers as required by this section, that company shall have until January 2, 2013 to meet such requirements and to submit proof of coml2liance to the Controller. (e) Manifest required; retention. Every taxicab driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare . Every taxicab driver shall give 12 all completed manifests to the operator at the conclusion of each tour of duty. The forms for each manifest shall be furnished to the driver by the operator and shall be of a character approved by the Controller. The compaLiy company license holder shall provide the manifest to the City Controller, Central Services Division, South Bend Police Department or City Attorney' s Office; within twenty- four (24) hours of any request made in writing via mail, facsimile or electronic correspondence . The failure of a driver or a company holder to comply with this subsection may result in fines, suspension or revocation of the license _ held by the driver, the company, or both. (f) Records required; access; retention: (I) Every holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures and such other operating information as may be required by the Controller. (2) Every holder shall maintain the records containing such information and other data required by this article at a place readily accessible for examination by the Controller_, the South Bend Police Department , the Central Services Division or the City Attorney' s Office . (3) All records required by this subsection shall be preserved and maintained by the holder for three (3) calendar years . (S) 7�dre:rbising on rehiclee. Subject to the r-- regulations of e eontr,,.,IIe-L , O.ny holder or driver may permit advertising materials to be affixed to or installed in on taxicabs .- W Taxicab .information posting. Every taxicab shall be .eQuipped with a placard visible to the ipassencTers, containing Information pertaining to the taxicab' s operation and the requirements of taxi companies and drivers . This placard shall minimally contain the following: (1) The full name of the driver 13 (2) The name of the taxicab company; _L�J The taxicab identification number- _(AJ A map of the South Bend area- (5)- A rate card that indicates all of the rates charged by ^ the taxicab company for transportation n of_,,_passengers and „ matches the rates published with the City and the rates indicated on the outside of the taxicab; (6) A telephone number for the passengers to call if they have any complaints with the operation of the taxicab or its driver. The placard may- be provided by, or the specific language of the placard may_ beprescribed by, the Central Services Division, the Controller, or the Controller' s -designee . (h) Taximeters; specifications; inspection: (1) All taxicabs operated under the authority of this section shall be equipped with taximeters fastened in front of the passengers, visible to them at all times during the day and night . After sundown, and until sunrise, the face of the taximeter shall be illuminated. (2) The .71hall be operate"' by et mer- anisms of standard design and --onst=- ction and shall com ly with the standards required by the Bureau of Weights and Measures and mect all regulations of the National ±nstitutu- of Standards and Tolerances (NIST) . The taximeter shall be driven from a nonpowered wheel b— Hexible a7nd per anently attached driving mechanism. ±t shall be seaied affect the correct reatding -and recording. Each taximete-r shall have et flag to denote whert the vehicle taxicab employed -hen it is not employed. The driver shall place the flag of such taximete-L a nonrecording–poz-i-t±on at the b.—L. LICLtion of each trip-7 +a3 The taximeter shall be subject to inspection from time 14 to time by the Bureau of Weights and Measures . Any inspector or other officer, of the Bureau is authorized, either on complaint of any person or without such complaint, to inspect any meter. Upon discovery of any inaccuracy, the inspecting officer shall notify the person operating such taxicab to cease operation. Thereupon, no person may allow the taxicab to be operated until the taximeter is repaired and passes inspection by the Bureau of Weights and Measures . (43) A taximeter must be inspected and passed by the Bureau of weights and Measures within a sixty (60) day period prior to the issuance or renewal of the taxicab ' s vehicle license. The scheduling of a taximeter inspection is the responsibility of the taxicab company. Failure to comply with this subsection' s provisions will shall result in the denial or revocation of a vehicle license . (4) Upon passing ins ection the Bureau of Weight and Measures or the Central Services Division shall attach a seal to the taximeter containing the following: (i)_ signature of the inspector; ii statement that the meter has passed inspection; (iii) date of the inspection;` iv taxicab' s State license plate number; (v) taxicab' s City license plate number; vi name of the taxicab' s owner; and (vii) such additional information as the Central Services Division may deem necessary. (i) Establishment and change of rates of fare; display of rate card: (1) The operator of a taxicab company shall establish a rate-s of fare according to a mileage rates as measured by the taximeter, an hourly rate, or a flat rate . However, the operator is prohibited from charging any type n excess of the t e of rate or amount �n addition to or � rates allowed in this section. The rates of fare established by an operator shall be effective only after the rates of fare have has been submitted in writing to and acknowledged as received by the Controller, either in a new or renewed company license` application or on a separate 15 written notice. (2) Every taxicab operated under this section shall have at all times a rate card receipted by the Controller setting forth the scheduled rates of fare displayed in plain view of all passengers . The rate set forth on the rate card must be the same as the rate set forth on the exterior of the taxicab and on the rate provided to the Central Services Division, as well as any fares posted or Quoted via website, email, or social networking devices . (3) The company may have more than one (1) scheduled rate of fare, to allow for times of the year or week, based on demand. However, the company may _onl.yinclude the charges .Provided in this section. The comgany may increase its rate durina the license ear rovided that it must first comply with the notice and display requirements of this subsection. (4 ) The company shall submit to the controller its scheduled rates of fare each year along with its application for a license or a renewal of the license. .0 Charges for taxicab service may - only include the following: a pick-up charge for trips resulting from a telephone request; ii a.-pickup charge for traps not resulting from a telephone request; (iii) a_mileage charge measured in a standard increment-;_ iv a waiting charge; (v) an extra passenger charge; vi an alternative hourly charge; vii an alternative Notre Dame Football home game fare, on the date that the University of Notre Dame hosts home football games; viii a flat rate, so long as the company _does not have _ nce more than one flat rate in existence at any one tune xs, , ._..... .___._.. ,.. Effective January - 2 2013 each company shall be equipped and authorized to accept_ payment of„ the fare by credit or debit card. It shall be unlawful for a taxi company owner or driver to discourage a customer from paying 16 by credit card or to char e an additional amount for paying by credit or debit card. (j ) Receipt upon deman ; contents. The driver of any taxicab shall, , at the end of the trip, offer to give the passenger a written receipt for the amount charged. The receipt shall contain: (1) The names of the holder and driver. (2) The vehicle license number or motor number. (3) The amount charged. (4) The date of transaction. (k) Refusal to pay legal fare: (1) No person shall refuse to pay the legal fare of any vehic±e taxicab mentioned in this section after having hired the vgig taxicab. (2) No person shall hire any --�icl taxicab with intent to defraud the person from whom it is hired of the value of such service . (1) Charging excess rates prohibited. No person or company owning, operating, or driving any taxicab shall charge a passenger in excess of the rate of fare indicated on the taximeter, if the taxicab is hired by mileage, or as advertised in the card displayed inside the taxicab or on the outside of the taxicab, or in excess of the rate submitted to the Controller in writing and acknowledged by the Controller, as required by this section. (m) Taxi stand license; application; approval : (1) Any holder or group of holders of a company license under this section desiring to occupy a certain designated place on a public street of the City as a taxi stand shall file an application with the Controller on forms to be furnished by the Controller. 17 (2) The application shall contain the following: a. The number of taxicabs to be maintained at the particular stand; b. The statement that there will be maintained a telephone numbers or other communication device near such or in Iding, for at least that will be used to facilitate communication between the taxicab using the stand and the central office of the holder (s) ; and C. The location of the proposed stand. (3) The Department of Public Works shall review the application for a taxi stand license and shall make a recommendation as to the application for consideration of the Controller. In making its recommendation, the Department of Public Works shall determine whether the proposed stand would be consistent with public convenience and safety. (4) Upon the holder of a company license complying with the above requirements, and upon the Board' s favorable recommendation, the Controller shall issue to the holder a license to occupy the taxicab stand. (n) Taxi stand license fee; terms; transferability; encroachment of stand; revocation: (1) The holder of a taxi stand license shall pay one hundred and twenty-five dollars ($125 . 00 per year to the Controller for each twenty-two (22) feet of the public streets occupied and used as a taxi stand. (2) The taxi stand license shall continue to be valid from year to year upon payment of the fee or until suspended or revoked pursuant to the provisions of this section and section 4-16 . (3) No taxi stand license shall may be transferred or assigned. 18 (4) The stand for which such license shall be issued shall not encroach upon any part of the street (s) or curb (s) zoned or designated for any other purpose . (5) The taxi stand license may be revoked by the Controller for good cause shown after due notice to the taxi stand licensee and opportunitV for a hearing held pursuant to section 4-16 . (o) Marking of taxi stands. The Department of Public Works; or its designee shall mark all taxicab stands by appropriate painting of the adjacent curb and by affixing to the curb at each end of the stand a metal standard with the words "Taxicab Stand of " plainly stenciled upon the standard. (p) Use of taxi stands. All taxi stands may be occupied and used only by taxicabs belonging to or under the control of the company license holder to whom the standards are assigned for the full period of twenty-four (24) hours each day. All taxi stands shall always be available for use by the Police or Fire Departments of the City and subject to the rights of reasonable ingress and egress of the abutting property owner or lessee . Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as taxicab stands . (q) Taxicabs awaiting employment to park only at stands; exceptions: (1) No owner, license holder, operator, or driver of any taxicab licensed under the provisions of this section shall cause or permit the taxicab to stand while waiting employment at any place other than a taxi stand so designated and licensed to the holder under the provisions of this section. The standing of any taxicab at a stand or in an area not licensed as provided in this section shall be unlawful and shall constitute good cause for revocation of the taxicab company license, driver' s license and/or vehicle license, and/or for imposition of a fine in the amount of one hundred dollars ($100 . 00) . 19 (2) The time reasonably necessary to take on or discharge passengers at the point of embarkment or discharge shall not be construed as a standing of the taxicab under the provisions of this section, provided that as soon as passengers have been received or discharged, the taxicab leaves the point of parking where receiving or discharging passengers has taken place, unless the act occurred at a licensed stand. (r) Cruising; soliciting passengers; standards of appearance and hygi ene. (1) Any driver may solicit employment by driving through any public street without stopping, other than when required because of obstruction of traffic, and at such speed as not to interfere with or impede traffic. (2) No driver may solicit passengers for a taxicab except when sitting in the driver ' s compartment of such taxicab or while standing immediately adjacent to the curbside . The driver of any taxicab shall remain in the driver ' s compartment or immediately adjacent to the vehicle taxicab at all times when such vehicle taxicab is upon the public street, except that, when necessary, a driver may be absent from the vehicle—taxicab for not more than ten (10) consecutive minutes . Nothing herein contained shall prohibit any driver from assisting passengers with their parcels or into or out of the vehicle taxicab or from exiting the taxicab solely for the purpose of determining whether a taxicab was called. (3) No driver may solicit passengers in an unreasonably loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct`'the movement of any persons, or follow any person for the purpose of soliciting passengers . No driver may disrupt or interfere with the travel of other drivers or passengers of other drivers . No driver ma abuse insult threaten strike or harm any other driver or an 'Passenger. No driver may refuse to transport or unreasonably dela transporting a passenger to the order to attempt to obtain more ' passenger s destination in,,,,......_., ,.. ....._. „ refuse to transport a passengers for hare . ?�?o r h'�. d...., ,.,.e r may 20 passenger to the passenger' s destination if the destination is within ten (10) miles outside the corporate limits of the City of South Bend and if the driver can safely and legally reach the destination. (4) All drivers must maintain a neat and clean appearance and observe reasonable standards of personal hygiene while on duty or while operating a taxicab licensed by the City. All drivers must keep the interior of their taxicabs reasonably free of body odors or odors from food or other items , (5) All drivers are rohibited from smoking in their taxicabs and shall passengers from smoking while inside their taxicabs . All taxicabs are to be designated "non-smoking. " _ This_ provision shall _apply even while the taxicab is "off-duty" and not being commerciall operated or for hire as a taxicab._ (-56) All drivers shall be and free of body odor noticeable to a reasonable Passencrer. All drivers shall have visible head and facial hair neatly trimmed and combed or brushed. All drivers shall wear shirts, blouses, or dresses with sleeves and collars or necklines that are finished, sewn and not cut and hemmed slacks, shorts, skirts or dresses . All drivers shall wear clean clothing without tears or holes . Shirts or blouses must completely cover the driver' s waist . No driver shall wear sweat pants , sweat shirts , trunks , tank tops , body shirts, muscle shirts, see through_ clothing any visible underwear, _ sandals or flip flops . These dress requirements must be met at any time a driver is operating a taxicab marked or licensed as a taxicab within. the City, regardless of whether it is for hire . (fs7) Failure to comply with the requirements of this subsection may subject the driver to a fine of not less than twenty-five dollars ($25 . 00)' and not more than one hundred ($100 . 00) issued by the Police Department, an officer commissioned to issue ordinance violation citations, or the Department of Code Enforcement, in addition to other penalties available under this section against the driver or 21 holder. (s) Receipt and discharge of passengers. Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road, and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right-or left-hand sidewalk, or side of the roadway, in the absence of a sidewalk. (t) Refusal to convey orderly passengers prohibited. No driver of a taxicab may refuse or neglect to convey any orderly person upon request anywhere in the City, unless previously engaged or unable or forbidden by the provisions of this section to do so, if such person agrees to pay the fare for the use of the taxicab. However, the driver may comply with reasonable rules and policies of the taxicab company made for the safety and comfort of drivers and passengers . (u) Additional passengers. A driver may permit persons other than the first person employing the taxicab to ride in the same taxicab, unless the first person refuses to permit additional persons . (v) Number of passengers restricted. No driver may permit more persons to be carried in a taxicab as passengers than the rated seating capacity of the taxicab as stated in the license for the veh± taxicab. The driver may not permit any non-fare paying acquaintance family member or animal to ride in the taxicab while cruising or operatingit_for hire_ (w) Unlawful acts. it shall be a violation of this section for any driver of a taxicab to solicit business for any hotel, or to attempt to divert patronage from one hotel to another, or use a vehicle taxicab for any purpose other than the transporting of passengers and/or parcels . However, taxicab drivers and company owners are permitted and encouraged to provide literature and information on local businesses and attractions to assist their passengers . (x) Deceiving passengers prohibited. No owner or driver of any 22 taxicab may deceive, misinform or mislead any passenger, who may ride or desire to ride in such vehicle taxicab, as to a destination or the rate to be charged. (y) Direct route to be followed. Any taxicab driver employed to transport passengers to a definite point shall take the shortest and most direct route possible that will carry the passengers to their destination safely and expeditiously. (z) Limitation on number of persons riding in front seat. No driver or owner of any licensed taxicab may allow more than one (1) person to ride on the front seat with the driver of the hide taxicab while it is engaged in the business of carrying persons for hire . (aa) Disposition of articles left in taxicabs. Whenever any package, baggage or goods of any kind are left in any taxicab or in the custody of the driver of such --mot taxicab, the driver shall, upon the discovery of the package or article, immediately deliver the same to the company' s main office and receive from such office a receipt, unless the package or article is first delivered to the owner at the owner ' s request. The company may charge the passenger its scheduled rate of fare for delivery of a package or article . (bb) Adoption of additional rules and regulations. The Controller shall have the power to make and adopt any additional rules and regulations as, in the Controller ' s judgment and discretion, are necessary and proper for safety in the driving or managing of taxicabs, provided, that so long as the additional rules and regulations are not inconsistent with the provisions of this section. (cc) Enforcement of section. The Police Department, Officers of Departments commissioned to issue ordinance violation citations and the Department of Code Enforcement are given the authority and are instructed to observe the condition of drivers and vehicles taxicabs and conduct of holders and drivers operating under this section. Upon discovering a violation of the provisions of this section, the Police or 6ode Enforcement Officer shall issue a citation. The Officer shall report the violation to the Controller, who will order or take appropriate 23 action under section 4-16. (dd) Penalties and impoundment of vehicles. (1) Any person operating a taxi company,_ operating as _a taxi driver, or operating a vehicle as a taxi without a current license,_ in violations of section 4-17 or this section shall be fined $500. 00 for the violation. Any person violating any other of the provisions of this section shall be fined not more than one hundred dollars ($100 . 00) per violation. Each day that a violation is permitted to exist shall constitute a separate violation. (2) Any fines issued for a violation of this section' s provisions must be paid before a driver ' s license, vehicle taxicab license, or company license may be issued or renewed. If the person_ or entity receivinqa fine does not pay the fine_ within ten (10) days after it is issued, the erson or entity shall be required to_pay a_late fee in the amount of fifty dollars ($50 . 00) . (3) tinder this tecti�)n shall be rettrned to the owner -upon the owner ' s compHance with t of this section and the payment: of et fine ±-n the arnount of one hundred dollars ($188 . 88) , along wJ -cowing a_d storage fees . If the driver of a taxicab operates the taxicab in an unsafe manner or condition or fails to produce a valid driver ' s license or vehicic taxicab license issued pursuant to this section at the request of any member of the Police Department, Department of Code Enforcement, an officer commissioned to issue ordinance violation citations, or Hepartment of Central Services Division, the vehicle shall be impounded. (4) Before a person may recover possession of the impounded vehicle, the person shall provide proof that the person is the title holder or lessor of the vehicle and proof of a vehicle license and taxi driver ' s license for the driver from whom the vehicle was impounded. The owner or lessor shall also pay all outstanding fines and all costs incurred in the impoundment and storage of the vehicle before the vehicle is returned to the owner or lessor. A vehicle 24 impounded because it was operated by an unlicensed driver may be returned to the owner or lessor without proof of the driver obtaining a license only if the holder of the company license first shows proof to the City that the driver is not or is no longer employed or authorized by the company to drive a taxicab for the company. (ee) Company license --Required. No person shall operate or permit a taxicab owned or controlled by that person to be operated as a vehicle for hire upon the streets of the City without having first obtained a new or renewed company license from the Controller. (ff) ;922me- Company license A,- pplication; contents: (1) An application for a company license or a renewal of a license shall be submitted to the Controller upon forms provided by the Controller and be verified under oath. A+i- and Hecessfty at the time of Iche effective date of t! the effective date of this crdinance . (2) The application shall furnish the following information: a . The name and address of the applicant . b. The financial status of the applicant, - including the amounts of all unpaid judgments against the applicant, the court and cause [case] numbers where such judgments were entered, and the nature of the transaction or acts giving rise to such judgments . C. The experience of the applicant in the transportation of passengers . d. The amount and type of liability insurance coverage issued or to be issued to the applicant to cover any claims which may be made against the company, the name of the insurance company, the numbers of any 25 policies in effect, and all policy expiration dates . e . The number of rehic±en taxicabs to be operated or controlled by the applicant, and the year, color, make and State license plate number and City license plate number, if known, of each vehic±e taxicab. f. The color scheme and insignia to be used to designate the vehicie or W hic±es taxicab of the applicant . g. Information as to whether the applicant for a company license has been convicted of a felony or misdemeanor, and, if so, when and where such conviction took place, and the nature of the crime for which the applicant was convicted. h. The mailing and street address and telephone number of the place of business . i . The rates of fare to be charged by the company. j . The names and addresses of each person authorized by the company to drive a company vehic±e taxicab within the City of South Bend and the State license plate number and City license plate number, if known, of the vtee taxicab assigned to each driver. k. Such further information as the Controller may require. (gg) Same--Investigation of traffic and police record: ( i ) The Police Department shall conduct an investigation of each applicant for a company license and make a recommendation to the Controller as to whether the application should be granted. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likelihood that granting the application will endanger the health, safety or welfare of the public. The Police Department shall recommend denial of the application if the 26 applicant has been convicted of any felony or any crime against a person within twenty (20) years before the date of the application, or if the applicant has been convicted of a misdemeanor or of any crime or infraction involving dishonesty, driving while intoxicated or under the influence of alcohol or intoxicants, or driving with a suspended license within ten (10) years before the date of the application or is currently on parole or probation under the Criminal Justice System of the United States or of any state. A report of the investigation and the recommendation of the Police Department,— shall be attached to the application for the consideration of the Controller. Any applicant who has a valid license as of the effective date of this ordinance shall be deemed to have met the requirements for a favorable Police Department recommendation as of that date. (2) The Controller shall consider the recommendation of the Police Department and all information provided relevant to the application in determining whether the application should be granted. (hh) Same issuance; denial : (1) If the Controller finds that the applicant for a company license is fit, willing and able to perform such public transportation and to conform to the provisions of this section and the rules promulgated by the Controller, the Controller shall issue a company license to the applicant ,stating: a . The name and address of the applicant . b. The number of veh±c±es taxicabs authorized under such certificate . C. The date of issuance . (2) If a company does not qualify for a license under the terms of this section, the application shall be denied. The applicant may then request a hearing pursuant to section 4- 16. 27 (ii) Beint—Liability insurance required; contents: (1) No company license may be issued, or continued in operation, unless there is on file in the office of the Controller, and in force and effect a current policy of insurance covering each vehicle to be operated as a taxicab in an amount of not less than fifty thousand dollars ($50, 000 . 00) for injury to or destruction of property as a result of any one (1) occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than three hundred thousand dollars ($300, 000 . 00) for all public liability from any one (1) occurrence . The policy of insurance shall also provide for uninsured and under insured coverage in an amount of not less than $100, 000 . 00. The policy of insurance_shall also include.medical benefits in an amount of not than__$50., 000 ..00 . The policy shall be updated annually and be on file with the office of the Controller before any issuance or renewal of a company license. (2) The policy of insurance shall insure the owner and agent against liability for the payment of any final judgment, Less any deductible amounts, or retained limits not in excess of one thousand dollars ($1, 000 . 00) that may be rendered against the owner or agent for injury or damages to the property or person of others, or for damage for the wrongful death of others, resulting from any accident or collision for which the owner or agent will be liable on account of any act of negligence in the operation of the taxicab, or which may arise or result from any violation of any of the provisions of this article or the laws of the State, by him or any agent . (3) The policy of insurance on file in the office of the Controller shall contain the following provision: "The City, through the office of the Controller, will be given fifteen (15) days ' notice prior to the effective date of the cancellation or other material change of this policy. " (jj ) Sone Payment of fee prerequisite to .issuance; exception: 28 (1) No company license may be issued until the holder has paid an annual license fee of twenty fire one hundred dollars ($25 . 86) 100 . 00- for the right to engage in the taxicab business and fifty dollars ($50 . 00) each year for each vehicle taxicab operated under the company license. The license fees shall be in addition to any other license fees or charges established by this section or any other statute or ordinance. (2) The license fees for companies and vth±c±es taxicabs as provided for in this subsection, shall not apply to persons having a valid license as of the effective date of this ordinance until the time the license for such companies and taxicabs is to be renewed in the year following the adoption of this ordinance. (kk) Same-Transferability. No and necess±ty or compnn-,�- license issued pursuant to this section may be sold, assigned, mortgaged or otherwise transferred. (11) Same Suspension or revocation; notice: (1) A company license issued under the provisions of this section may be revoked or suspended by the Controller pursuant to the provisions of section 4-16, if the holder thereof has : a. Violated any of the provisions of this section, b. Discontinued operation for more than ten (10) days . C. Violated this Code or any ordinance of the City or the laws of the United States or the State of Indiana, the violation of which reflects unfavorably on the fitness of the holder to offer public transportation. (2) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard, pursuant to section 4-16. 29 (mm) Driver 's license---Required. No person shall drive or allow a vehicle taxicab to be driven for hire upon the streets of the City, unless the driver of such taxicab shall have first obtained and have then in force a taxicab driver' s license issued under the provisions of this section. (nn) Same--Application contents; physician 's report; fee exception: (1) An application for a taxicab driver' s license shall be submitted to the Bepartment of Central Services Division on forms provided by the Controller and verified under oath. (2) The application shall contain the following information: a. The names and addresses of four (4 ) residents of the City of South Bend who have known the applicant for a period of five (5) years . b. The experience of the applicant in the transportation of passengers . C. The educational background of the applicant. d. A concise history of the applicant ' s employment, including dates of employment and addresses of employers for the ten (10) years before the date of the application. e. Information as to whether the applicant for a driver' s .license has been convicted of a felony or misdemeanor, and, if so, when and where such conviction took place, and the nature of the crime for which the applicant was convicted. f. A certified copy of the driving record of the applicant from any state or country in which the applicant has lived for the ten_ (10_) year period preceding the a lication. g,� A certified copy of the records of the law enforcement agencies for the jurisdictions where the 30 applicant has resided for the twenty (,20_) years preceding the application, _ for the Purpose of demonstrating the criminal history of the applicant, if any. h. If the a lication is for a new driver' s license the applicant must also„ „ ProvideDroof that the ......._. al2plicantis sufficiently proficient in the English language .. to _ communicate with _ passengers,_ law enforcement officials and Persons Processina the prospective driver',s application. The applicant may do q oath that the so by:--- (I)_ makin a statement under _ ;.s English or that the app_licantsnative lan g cage �,., applicant has spoken English for at least five (5) years; or (2) -Rroducing certified copies of diplomas or results of an English proficiency examination. The Controller, Central _ Services Division or a designee accepting the application shall have the authority to inquire into the .credentials of the organization or entity providing a di lama or examination results . (3) The application shall be accompanied by a photograph of the driver and a current public passenger chauffeur ' s license issued by the State of Indiana or the State of Michigan, certificate from a licensed physician certifying that, in the physician ' s opinion, the applicant is not suffering from any disease or infirmity which may make the applicant an unsafe or unsatisfactory driver. (4) Each applicant for a „driver' s license ,shall submit to a drug test at the applicant" s expense and submit the test results with the application. Each applicant shall also be subiect to requests by _the City Controller,_ Central Services Division City Attorney' s Office or designee thereof for drug testing and shall comiDly with the request within fort - ei ht 4$ hours of the request, if a complaint or investi ation demonstrates that drug testing should be required. Testing shall be conducted by an .independent drug testincr entity approved by the Controller. The Central Services Division shall maintain a list of the approved testing facilities . 31 (5) Each.._._applicant must be _willing to submit to a testing program a-i-med at determl n�n„�,_ the applicant' s-s g_eoa_ra p., ,i.__c...a.— l knowledge of the_--_South Bend„ area. The ,test shall be administered at the discretion of the Controller and under _ p ,,, the Controller' s supervision. (46) At the time the application is filed, the applicant shall pay the Controller the sum of five dollars ($5. 00) as a processing fee . The applicant shall also pay the Controller the sum of t-e-rr fifteen dollars -(-$. ($15. 00) per year upon approval of the application and before issuance of the license. (i57) The provisions of this subsection shall not apply to persons having a valid taxicab driver' s license at the time this becomes effective, but such persons shall comply with the renewal provisions of this section after the effective date of this ordinance. (oo) ;5aIrre---Investigation of traffic and police .record. The Police Department shall conduct an investigation of each applicant for a taxicab driver' s license . A report of the .investigation and the recommendation of the Police Department shall be attached to the application for the consideration of the Controller. In making its recommendation, the Police Department shall consider the criminal history of the applicant, if any, and the likelihood that granting the application will endanger the health, safety or welfare of the public. The Police Department shall recommend denial of the application if the applicant has been convicted of any felony or any crime against a person within twenty (20) years before the date of the application, or if the applicant has been convicted of a misdemeanor or of any crime or infraction .involving dishonesty, driving while intoxicated or under the influence of alcohol or intoxicants, or driving with a suspended license within ten (10) years before the date of the application or is currently on parole or probation under the Criminal Justice System of the United States or of any state. Any applicant who has a valid license as of the effective date of this ordinance shall be deemed to have met the requirements for a favorable Police Department recommendation as of that date. A report of the investigation and the recommendation of the Police Department, shall be attached to the application for the 32 consideration of the Controller. (pp) 6nn —Application approval or rejection; written report if rejected: (1) The Controller shall, upon consideration of the application and the reports, recommendations and certificate required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a hearing pursuant to section 4-16 to offer evidence why the application should be reconsidered. (2) The Controller shall __mot- provide the reasons for rejecting the application and any evidence pertinent to the rejection at the hearing. (qq) Stne Driver 's license issuance; term (1) Upon approval of an application for a taxicab driver' s .license, and following payment of the licensing fee, the Controller shall issue a driver ' s license to the applicant which bears the name, address, age, signature and photograph of the applicant . (2) The license shall be in effect until. May 3i September 30 of the year after it is issued. A license for every subsequent year shall be issued upon the applicant meeting the requirements of this section. (rr) Same Display of license. Every driver licensed under this section shall post the driver ' s license in such a place as to be in full view of all passengers while such driver is operating a taxicab, and shall show the license to any passenger, prospective passenger, or South Bend Police Officer, any officer commissioned to issue ordinance violation citations an -r employee of the Central Services Division, the Department of Code Enforcement or the Bureau of Weights and Measures upon demand. However, for the personal safety of the driver, the home address of the driver may be deleted from the license which is on display. The driver shall maintain on file in the Office of the City Controller the driver' s current address . 33 (ss) Same-- Suspension or revocation. The Controller may deny a license----or may suspend or revoke any taxicab company, taxicab, or driver ' s license issued under this section for a driver failing or refusing to comply with the provisions of this Code. The suspension shall last for a period of not more than thirty (30) days;_ A license may not be revoked unless the driver has received notice and has had an opportunity for a hearing in accordance with section 4-16 of this Code . (tt) Compliance with Federal, State and City laws. Every driver licensed under this division shall comply with all City, State and Federal laws . Failure to do so shall justify the Controller suspending or revoking a license . (uu) Length of company, driver 's or reh:�cl-e taxicab licenses. If issued or renewed on or after i�une August 1, but before December 31, the company, driver ' s or vehic�-, taxicab license, issued or renewed under this section shall be valid from the date issued or renewed until May 3i September 30 of the following year. If issued on or after January 1, but before May July 31, then the company or veh±c±e taxicab license, issued under this section shall be valid until May 3} September 30 of that year. The fee for licenses issued between March 1 and AuausfiI shall be reduced by one half. vv The Department of Administration and Finance .,shall post on the City websitethe names of companies licensed to operate pursuant to this section, along.....w. ith application and inspection forms used in licensing pursuant to this section and where practicable, photographs or depictions of the types and appearances of taxicabs used by each licensed company. SECTION III . This ordinance shall be in full force and effect from and after its passage by the Common Council, and approval by the Mayor, and publication as required by law. However, if a company, taxicab or driver, operating with a license at the time of passage of this ordinance does not currently meet the requirements as to numbers of taxicabs or drivers, control of taxicabs, or colors, color schemes or insignia on taxicabs, the company, taxicab and driver shall be given until January 2, 2013 to comply with those requirements . 34 5 -1 Member of the Common C�Zncil Attest : ti r_ Heide an City Clerk fix 110-ding Wd 'resented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o' clock M. City Clerk Approved and signed by me on the day of , 2011, at O' clock . m. Mayor, City of South Bend, Indiana B:\wpdata\LICENSE\TAXI\4-6l.taxi bill substitute bill to amend.rtf Cc- i st READING b t A-W13 Q T PUBLIC HEARING 35 3 rd READING NOT APPROVED REFERREQ PASSfig ` ,,.z. 4&pU Tit City ®f South Bend Comm®n Council 1865 441 County-City Building . 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter TDD (574) 235-5567 President July 6, 2011 http://www.southbendin.gov Oliver J. Davis Members of the Common Council Vice-.President 4th Floor County-City Building Ann Puzzello South Bend, Indiana 46601 Chairperson, Committee of the Whole Dear Council Members: .. Derek D. Dieter On May 25th seven (7) members of the South Bend Common Council sent a First District letter to the South Bend Redevelopment Commission regarding a request on Henry Davis, Jr.- their agenda for an additional $300,000 of TIF dollars for the construction of Second District the proposed Animal Shelter at 521 Eclipse Place. That letter was also sent to Mayor Luecke, Gary Gilot, Jeff Gibney and Catherine Toppel, so that all key Thomas LaFountain city departments would be involved in further discussions. The Redevelopment Third District Commission tabled that appropriation request. Ann Puzzello Much work and planning has gone into this proposed Fourth District understanding that on June 30'h, the Board of public Works again opened bids David Varner on the proposed construction of the Animal Shelter, with those bids coming in Fifth District well above the projected estimates. Oliver J. Davis We will soon be reviewing comprehensive documents related to the 2011 city Sixth District budget. I believe that the same due diligence which we use for budgetary Al "Buddy' Kirsits reviews is appropriate for proposed capital projects. At Large In the interest of finding an amicable and lasting solution for a comprehensive Timothy A. Rouse and fiscally responsible animal care, control and shelter program, I am At Large introducing this resolution. This would help provide a mechanism and opportunity for further discussion on this important community project. Karen L. White At Large Most sincerely, David A. Varner Fifth District Council M ember Filed 1l i Attachment < FJUL-JUL � JOHNvooAt."E CITMCLERK,SOUTH VEND,P! RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SUPPORTING THE NEED FOR QUALITY ANIMAL CARE AND CONTROL SERVICES INCLUDING SPACE TO HOUSE AND CARE FOR SUCH ANIMALS AT A REASONABLE COST TO THE TAXPAYERS in June of 2010, the Board of Public Works opened bids for the construction of a new animal shelter for the City of South Bend,with the lowest bid coming in approximately$32,000 over budget; and the City reviewed the architectural plans again, in the interest of incorporating greater energy efficiencies in the hope of reducing the facility's operating costs;and the initial bid for construction of$1.5 million did not include the project's"soft costs such as architect and engineering fees, landscaping, parking lot and furniture and equipment"; which resulted in an additional funding request being made to the Redevelopment Commission in the amount of$300,000 which was tabled in order to permit further discussions;and the proposed new shelter is planned to quadruple the size of the current animal shelter located at 105 South Olive Street,where it has operated since 1996;and on June 30, 2011, the Board of Public Works received bids on the construction of a new animal shelter,with such bids coming again above the project estimates;and approximately 4,000 animals per year are handled by the South Bend shelter,with the new facility projected to help increase adoptions by at least ten percent;and the City currently budgets approximately$520,000 for animal care and control; and needs to discuss whether funding for the construction of a duplicate animal control facility is in the best interest of our community or whether it would be more feasible for the City Administration to enter into.negotiations with other entities for a comprehensive animal control program. W..,Oil9"Way y1e g4nd Q&ur!iasua,as follows: Section I. The South Bend Common Council believes that there is no doubt that our community needs quality animal care and control services, which include the means to house such animals in a safe, sanitary and humane manner. Section II. The Council further believes that exploring all animal control alternatives would be the prudent thing to do,especially during challenging fiscal times. Section Ill. Consolidation of duplicate services, especially when paid with tax dollars, should be considered as a viable and feasible goal by the City,in which the Common Council wishes to be involved. Section IV. This Resolution shall be in ful) rre and effect from and after its adoption by the Council and approval by the Mayor. 9 Derek D.Dieter, I"District 6 �"; Oliver J.Davis,6' District Henry Davis,Jr.,2" District ,� Al"Buddy"Kirsits,At Large Thomas LaFountain,3' District '" �' p Timothy A Rouse,At Large Ann Puzzello,4"District ;�1 r'� Karen L.White,At Large . U' Dr,David Varner,5"Di riot Filed i John Voorde,City Clerk "`_ ;,Stephen J.Luecke,Mayor of South Bend RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1122 Notre Dame Avenue AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR John and Jennifer Sejdinaj WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1122 Notre Dame Avenue, South Bend, Indiana., and which is more particularly described as follows: Real estate in St Joseph County, in the State of Indiana described as Lot lettered B in E &M Goemer Replat as per plat thereof recorded May 19, 1988 as Instrument 8812958 in the Office of the Recorder of Saint Joseph County, Indiana. and this property has Tax Key Number 18-5105-3666, be designated as a 'Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et sea., and South Bend Municipal Code Sections 2-76 g seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and . WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real Property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION 11. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2)family dwellings designed for up to four(4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III.' The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5)calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council 51P ' cry# ys �tkY t$' a$� wd tJtl� '�S'a�S1.�i��s C Filed In F t,7, PRESENTED 0 Z J t j 5 JOHN VOLN09 NOT APROW0 3 CftY 10LEW SOUTH BEND,IADOPTED ADOPTE I�ti'i�t<<l�ji 4 1400 COUNW-CmBuTaxxc ,� : 227 W JRR,TAsoN BOULEVARD ��,•\� ,, e NONP 57412359241 SOuTH BEND,INDIANA 46601-1830 � ••��"E FAx 5741235-7670 F � % K 1865 CITY OF SOUTH BEND STEP14F-N LuECKE, MAYOR .DEPARTMENT OF LAW CHARLES S. LF.oNF. ALADEAN M. DERQsE CITyATFORNFY August 16,2011 C14JIT ASSISTANT Crf'yATroRNEY Mr, Derek Dieter President, South Bend Common Council 4"'Floor, County-City Building South Bend, IN 46601 Re: Ordinance to Transfer Ownership of a Small Portion of Fredrickson Park to the State of Indiana and to Rescind Ordinance 10079-11 Dear President Dieter: Enclosed is a proposed Ordinance which accepts a Uniform Property or Easement Acquisition Offer for a small part of Fredrickson Park and rescinds previous Council action. In March of this year after the recommendation of the Board of Park Commissioners, the South Bend Common Council passed Ordinance 10079-11 providing for a transfer of a small portion of Fredrickson Park to the Indiana Department of Transportation in connection with the widening of State Road 23, On July 19, 2011 the Indiana Department of Transportation rescinded its offer. They have made a new offer for a smaller portion of land and a correspondingly smaller amount of money, Eight Hundred Ten Dollars ($810.00), I spoke briefly with Council Member Puzzello on the afternoon of August 15, 2011. For your aid and understanding of the proposed transfer of land, I am enclosing: A. An area photograph showing the entire Fredrickson Park and indicating the lot frorn which the land which is the subject of this Ordinance lies; B. A drawing prepared by the Indiana Department of Transportation showing the land in question; C. The Uniform Property or Easement Acquisition Offer which was presented; D. Park Board Resolution 2011-9 which was approved by the Board of Park Commissioners at its last regular meeting,August 15, 2011; and E. The July 19, 2011 letter from the Indiana Department of Transportation rescinding its offer. meeting.I will present this Ordinance to the Common Council both at its Committee and its regular TFIOMAS L, BODNAR CHERYL A, GREENE ANN-CAROL NASH ANDREA.I.,.BEACHKOFSKY LAWRFNCE J.METEIVFR JEFFREY L SANFORD �ORN E. BRODEN \U O Mr. Dieter Page 2 August 16, 20111 Your favorable attention to this matter will be most appreciated. Very truly yours, Thomas L. Bodnar TLB/cw Assistant City Attorney Enclosures [FlIed in office AUj C crry JOHN vlookmi rry CLERK,SiDUTH SEND,W ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO TRANSFER A PORTION OF FREDRICKSON PARK FROM THE BOARD OF PARK COMMISSIONERS TO THE STATE OF INDIANA AND TO RESCIND ORDINANCE 10079-11 STATEMENT OF PURPOSE AND INTENT On March 24, 2011 the South Bend Common Council passed Ordinance 10079-11, which provided for the transfer of 0.086 acres of the northwesterly portion of Fredrickson Park to the Indiana Department of Transportation in accordance with an Uniform. Property or Easement Acquisition Offer made by that department. Since then, the Indiana Department of Transportation has rescinded that offer and made a new offer to purchase 0.037 acres from the northwesterly portion of Fredrickson Park which is more particularly described in the attached Exhibit "A". On August 15, 2011, the South Bend Board of Park Commissioners recommended this offer be accepted. The Common Council, under I.C. 36-10-4-18, has the authority to authorize the sale of Park land. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. That a portion of the northwesterly part of Fredrickson Park, which portion is more particularly described in Exhibit "A" be transferred to the State of Indiana, pursuant to the Uniform Property or Easement Acquisition Offer in accordance with Indiana statutes. Section II. The proceeds of the sale of the land described in Exhibit "A" shall be credited to the Park Department and the proceeds expanded for the improvement of remaining park land or purchase of other land for Park purchases. Section III. Ordinance 10079-11 is hereby rescinded. Section IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: t�iJ'17i kS 0',11Y t� M���J18 Pb 4 City Clerk �E ,1 �°�}, '.r � � Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock M. Deputy City Clerk Approved and signed by me on the _^_ day of 2011, at o `clock m. Mayor, City of South Bend, Indiana Filed In Clark's ®ffi-.'i. PU3! C t:cr;z I;]G r.} a rd READIING ; D1 NOT AFPROV D JOHN 7 �O)AbE REFERRED CITY CLERK,Sc U'M BEND,IN PASSED »r r ��� ! Ali r 'd Y� 'r w' F X"� .,�r !�$ f "�°1F' t •�,,.. r[� - ",7c^ t •\,11. '(y*. 4.al.�.uu>'7 gr 1r a 4 st ,4 1r J _l. -i ki� .�i-- yk � I f-Fa y�[ r L!-i- y'�,�_ .. � t �+ r '�,. $� � - '•I 1 t 74-I „g Y �' x. \'' P-y,�T,br ' .'� [�.rf , -. r• a'p.�'"� y _Y Ir '.� 1 �4 �°r�'7; ++}kn w.� y"k aM1*�k �� a '-'�t'y � ff�'�%'� .!r ��'• [+ J s - •� r� 1� �'�.f J I�I l.I I � og�" -. � '. i. !r'� •�V. �a���2.��r" ��:94��'._',9r •Y� �F, [' � . Ir$'4 .r h� .:, `4 '.Yy" f�,..•� '� �.a ' �' iM' Cr iY' �\ �,r� �? tl, i a a� Nw3"'�"�},��`W`r in r��y��1.�.ii.;'4�y@•��rh� .1' � ;', '� � .s ;;y .t?� "�,��+A �k`�;r h ^�w�� �a `rF ��Y r �, � '�r�,� �, �—�- 1 •, I� gg 1 { P. 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By: jessicaynunq EXHIBIT "B" SHEET 1 OF 2 RIGHT-OF-WAY PARCEL PLAT PREPARED FOR INDIANA DEPARTMENT OF TRANSPORTATION BY WESSLER ENGINEERING �' a t/z• � F 'o s,4 1 inch = 40 ft 007 001 EQU: P.O.T. 90+00.00, "S10A-PR" P.C. 58+10.43. "A-PR" = P.O.C. 58+88.48 "A-PR' 001 P.T. 57+13,97, "A-PR" 0 RIGHT-OF-WAY 0.037 ACRES (1,613 SO. FT.)f s, CIS' 2 19 All \r ti X14 PARCEL: 147 OWMM: CITY OF SOUTH BEND, INDIANA DRAWN B'Y: JNY 12-13-10 CODE: 3786 CHECRBD BY: RLN 12-13-10 ��� STP-5050(007) ROAD: S.R. 23 DES. NO.: 9133815 COUNTY' ST. JOSEPH DEED INSTR. N0. 8417354, DATED 08-14-1984 SECiii 6 TAX 10 K EY: 71-09-06-176-028.000-026 TOWNSW: 37-N HATCHED AREA IS THE MGR' 3-E APPROXIMATE TAKING D23ONS SHOWN AU FWY '1U AWVX » MCORD DOCUMMM Flailed: 2D7/i7 }2.27pm. Dwe, id:\Land Projects\51497-04\,0wg'-,R6w P10n5\51497-134-RW PARCELS (3F-50),dwg, Layout: 147 CITY OF s6 2, BY lesslcnyonng EXHIBIT "B" (CONT.) SHEET 2 OF 2 PARCEL COORDINATE CHART POINT CENTERLINE STATION OFFSET NORTHING EASTING 20017* "A-PR" 20018* ' A-PR 20072* S1OA-PR' 304 "A-PR" 57+23.80 18.44' R 2347110.7078 174209.731 434 "A-PR" 56+97.43 13.98' R 2347093.881fi 174180.6157 519 56+88.59 75.00 R 2347045.6983 .174219.0741 520 A---PR" 57+13.93 75.42' R 2347085.4892 174237.7649 NOTE: STATIONS & OFFSETS CONTROL OVER BOTH NORTH & EAST COORDINATES AND BEARINGS & DISTANCES *SEE LOCATION CONTROL ROUTE SURVEY PLAT. SURVEYOR'S STATEMENT To the best of my knowledge, information and belief, this plat, together with the Location Control Route Survey Plot, recorded on 02/18/2010, as Instrument Number 1004280 in the Office of the Recorder of St. Joseph County, Indiana (incorporated and made a part hereof by reference), comprise a Route Survey executed in accordance with Indiana Administrative Cade 865 IAC 1-12 (Rule 12). �� `\\\����\UU1111i4111(III11f11////Q// RONALD L. NOLAN —-- _DATED: 12-13-10 a RFO'l9 REGISTERED LAND SURVEYOR NO. SO 439 N0• '2 STATE OF INDIANA * SO 439 STATE OF �HOJANP. YY �A� ///ir/pllllfi!!I I I lllti4t111��,�\\\ ESSLER ENGINEERING More than a Project- www.w.rrerr•npinr..iwp.eorn PARCEL: 147 OWNER: CITY OF SOUTH BEND. INDIANA CODE: 3786 DRAWN BY: JNY 12-13-10 PROJECT: STP—S050(007) CK9CZZD BY: RLN 12-13-10 ROAD: S.R. 23 DES. NO.: 9133615 COUNTY: ST. JOSEPH DEED INSTR. N0. 8417354, BATED 08-14-1984 5EC1'ION: 6 TAX ID KEY: 71-09-06-176-028.000-026 TOifNSHIP: 37—N RANGE: 3—E INDIANA DEPARTMENT OF THAMPORTATION yy Driving Indiana's Econornic Growth 100 North Senate Avenue Room N642 Mitchell E. Daniels, Jr,, Governor Indianapolis,Indiana 46204 Michael B. Cline, Commissioner UNIFORM PROPERTY OR EASEMENT ACQUISITION OFFER REVISED OFFER PROJECT., STP-5050 (007) PARCEL. 147 -- CODE: 3786 ROAD: SR2� COUNTY: St, rose TO: City of South Bend, Indiana 227 W. Jefferson Blvd. 1400 City County Bldg. Ste. 12-00 South Bend, IN 46601 The State of Indiana, acting by and through the Indiana Department of Transportation is authorized by Indiana law to obtain your property or an easement across your property, for certain public purposes. The Indiana Department of Transportation needs (12�ur ro er (an easement across your land) for a public highway improvement known as S.R. 23 and needs to take the (P12p e r ty (easement) as described on the attached legal description. It is our opinion that the fair market value of the (RLQperty from you is 810.00 and, ) (eas emerit) we want to acquire therefore, the Indiana Department of Transportation offers you $ 810.00 for the above described (P!9-R—erty) ( easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer,you may.expect payment in full within ninety (90) days after signing the documents accepting g this offer and executing the deed, grant or easement, and provided there are no difficulties in clearing liens or other problems with title to the land. Possession will be required thirty(3 0) days after you have received your payment in full. Page 2 Project: STP-S050 (007) Parcel: 147 HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS: I. By law, the Indiana Department of Transportation is.required to make a good faith effort to .purchase {vovrPraUecty ( ) 2. You do not have to accept this offer and the Indiana Department of Transportation is not required -to agree to your demands. 3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of( our roperty) �� �^�am�Wt =-V ), the Indiana Department of Transportation has the right to file suit to condemn, and acquire the ro er ) (asezm ut) in the county in which the real estate is located. 4. You have the right to seek advice of an attorney, real estate appraiser or any other person of your choice on this matter. 5. You may object to the public purpose and necessity of this project. 6. . 'If the Indiana Department of Transportation files a suit to condemn and acquire( our ro erty) (­afl-e&semQ;A4 and the court grants its request to condemn, the court will then appoint three appraisers who will.make an independent appraisal of the ( ro ert-y) ( e,-it) to be acquired. 7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (pig er ( serrent) condemned, $. If the court appraisers' report is not accepted by either of us, then the Indiana Department of Transportation has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, the Indiana Department of Transportation is legally entitled to immediate possession of the( ro er ieftaenTcrr). You may, subject to the approval of the court, make withdrawals from the amount deposited with court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment. Page 3 Project: STP-5050 (007) parcel: 147 9. The trial will decide the full amount of damages you are to receive. Both of us will be enti to present legal evidence supporting our opinions of the fair market value of the � y employ, at your lr d The court's decision may be more or less than this offer. You ma ro erty o cost, appraisers and attorneys to represent you at this time or at any time during the the proceeding described in the notice. course of 10. If you have any questions concerning this matter, you may contact us at: The Indiana Department of Transportation Real Estate Division Indiana Government Center North 100 North Senate Avenue,Room N642 Indianapolis, Indiana 46204-2249 Attn: Office of Real Estate Phone: 317-232-5300 This offer was made to owner(s): -City of South Bend, Indiana of ST. Joseph County on (Date) By: Stephen J. Luecke- Ma or of St. Joseph County on (Date) of on (Date) of on (Date) BY: �L (Signati. ) Mary Lo — a7-1 (Printed Name and Title) Agent of: The Indiana Department of Transportation Page 4 Project: STP-S050 (007) Parcel l47 The undersigned persons executing this deed represent and certify on behalf of the Grantor, that he/she is a duly elected officer of The City of South Bend,Indiana,the Grantor,and has been fully empowered by proper resolution,ar Che by-laws of the Grantor,to execute and deliver this deed; that the Grantor is a corporation in good standing in the State of its origin and,where required, in the Stale where the subject real estate is situate;that the Grantor has full corporate capacity to convey the real estate described;and that all necessary corporate action for the making of this conveyance has been duly tai:en, If you decide to accept the offer of $ 810,00 made by the Indiana Department flf Transportation, sign your name below and mail this form to the address indicated above. An additional COPY Of this offer has been provided for your file. ACCEPTANCE OF OFFER I(We), Ci of South Bend Indiana for the use and benefit of its De artment of Public Parks owner(s) of the above described property or interest in property, hereby accept the offer of $ 810.00 made by the Indiana Department of Transportation on this 20 11 - day of Cit1of South Bend Indiana for the use and benefit of i#s De artment ofPublic Parks By: Stephan 1. Luecke -1Mayor NOTARY'S CERTIFICATE STATE OF Indiana } COUNTY OF St. Jose h } SS:. } Subscribed and sworn to before me this day of My commission expires: My county of residence is: (Signature) (Printed) Notary Public RESOLUTION NO, 201 -.9 A RESOLUTION OF THE BOARD OF PARK COMMISSIONERS OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING OWNERSHip OF A PART OF FREDRICKSON PARK TO THE STATE OF INDIANA WHEREAS, the Board of Park Commissioners of the Civil City of South Bend (Hereinafter referred to as Park Commissioners) is authorized under T.C. 36-10-4 to administer park property for the City of South Bend; and WHEREAS, the Board of Park Commissioners is authorized to acquire and dispose of real and personal property under I.C. 36-10-4-9(c)(8); and WHEREAS, the Board of.Park Commissioners under said authority has acquired and operates the property known as Fredrickson Park, including a portion more particularly described in the attached Exhibit "A";and WHEREAS, in January 2011, the City of South Bend received a Uniform Property or Easement Acquisition Offer, from the Indiana Department of Transportation to acquire a portion of Fredrickson Park, 0.86 acres, in exchange for One Thousand Nine Hundred Dollars ($1,900.00) which it accepted in Resolution 2011-1; and WHEREAS, the City of South Bend has received from the Indiana Department of Transportation, a letter from rescinding its offer to acquire 0,86 acres and a new Uniform Property or Easement Acquisition Offer to acquire a portion of the Park described in the attached Exhibit "A" in exchange for Eight Hundred Ten Dollars ($810.00); and WHEREAS, the Board of Park Commissioners desires to accept the most recent Uniform Property or Easement Acquisition Offer from the Indiana Department of Transportation. NOW, THEREFORE BE IT RESOLVED By. THE BOARD OF PARK COMMISSIONERS OF THE CIVIL CITY OF SOUTH BEND, INDIANA that: I. The Board of Park Commissioners rescinds Resolution 2011.1• 2. The Board of Park Commissioners authorize the transfer of that rt ion of Fredrickson Park described in the attached Exhibit "A" from the Department of Public po Parks of the City of South Bend, Indiana to the State of Indiana. 3. The Park Commissioners authorize the President of the Board or the Vice- President, or in the absence of the President or Vice-President, the Executive Secretary, to attest to the Deed and to any and all other documents relating to the transfer of real estate from the City of South Bend and to effect the closing of same on the advice of legal counsel; and 4. In accordance with the requirements unposed by I.C. 35-10-4-13, this transfer is subject to the approval of an Ordinance by the South Bend Common Council approving the sale, and this Resolution shall be in full force and effect upon the approval of said Ordinance. Dated this day of August, 2011. CITY OF SOUTH BEND BOA OF P COMMIS IONERS v � , l Robert " errty, President { 6 bl�e_ rt Goodrich, Vice-President ATTEST: Thomas Kelly William Carleton Garrett Mullins Executive Secretary INDIANA DEPARTMENT Or TRANSPORTATION Driving Indiana's Economic Growth 100 North Senate Avenue PHONE;(317)234-1901 'OP TY L � Room N642 FAX; (317)233-3055 Mitchell E. Daniels, Jr., Governor Indianapolis, Indiana 46204 RTTN;Mary Loy Michael Cline, Commissioner July 19, 2011 Project: STP-5050-(007) Code: 3786 Parcel: I47 Dear Mayor Luecke, My name is Mary Loy, a land acquisition agent for INDOT. I left an offer packet for you at your office on 1/18/11. This was for the purchase of 0.086 acres (3,780 SF) of Fee Simple Right of Way off of the property located at approx. 1330 South Bend Ave., South Bend, IN 46617 This offer has been rescinded as of the date this letter is received. I apologize for any inconvenience and will assist you with any questions you may have. I want to thank you for the time you spent reviewing this offer, but the offer given was incorrect; the legal description is for 0.086 acres of fee simple right of way and the State of Indiana was only to purchase 0.037 acres (1,613 SF) for the purpose Of improving State Road 23. The offer amount was for $1,900.00 and it should have shown an offer amount of$810,00 for the purchase of 0.037 acres of fee simple right of way. I will be putting together another offer with the correct amount of land to be purchased by the State of Indiana and the correct amount of compensation of$810.00. Feel free to call or email me with any questions you may have. My email address is: malo nu,indot.in. ov Office phone # is: 317-234-1901 Mail: IGCN 100 N Senate Ave Rm. N642 Indianapolis IN 46204 ATTN: Mary Loy Respectfizlly, Mary Loy Realty Specialist INDOT www.in.gov/dot/ An Equal Opportunity Employer 1200 CoUN7y-Crrx&zwwr, 227 W.JEFFERsoN BOuLEVARp �� �� , PHONE 5741235-9371 Solrrrl BEND,INDIANA 46401-1830 FAx 5741235-9021 fe w K 1865 CITY OF SouTH BEND STEPHEN J. LUECKE,MAYOR COMMUNITY $L EcONOMic DEVELOPMENT JEFFREY V. GIBNEY EXEcuTWE DIRECTOR August I2,2011 Derek Dieter President South Bend Common Council 400 County-City Building South Bend,Indiana 46601 Dear President Dieter: The attached ordinance for Council consideration will appropriate$280;080 in renewal funding under the Shelter Plus Care Program(SPC). It has been requested by HUD, and agreed to by the City and Oaklawn, that the three previously separate agreements for SPC be consolidated into one. The new grant is as follows: IN0009C5H001003 $ 280,080 Term: Sept.!,2011-August 31,2012 The City serves as a fiscal agent and recipient of funds for the eligible agency, as determined by HUD,to be the recipient of the SPC dollars. The funding allocated provides support for sponsor based rental assistance for housing severely mentally ill clients. The grant provides for assistance for 37 units. I will be presenting this ordinance at the September 12,2011 meeting,however if there are any questions please contact me. Thank you. Sincere , Filed -~-, k's 0iC Pamela C.Me er Director AUG cc:L. Raygoza, J.Gibney, G. Zientara,J.March,B. Leonard CITY CL eij�, COMMr3NITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL&PROGRAM PAMELA C.MPYER DONALD E.INKS MANAGEMENT 5741235-9660 5741235-9373 ELIZABETH LEONARD FAx 5741235-9469 5741235-9371 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $280,080 WITHIN THE COMMUNITY AND ECONOMIC DEVELOPMENT FUND 212 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SHELTER PLUS CARE GRANT PROGRAM STATEMENT OF PURPOSE AND INTENT In order to deliver services to seriously physically and mentally ill individuals within our community, The City of South Bend received funds from the U. S. Department of Housing and Urban Development for the delivery of such services through various sub-grantees. The funds appropriated in this ordinance will aid in defraying the costs of housing and related services. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. The sum of$280,080 is hereby appropriated in Community and Economic Development Fund 212 and shall be administered by the Department of Community& Economic Development and its designated sub-grantees as noted below: OakIawn Psychiatric Center IN0009C5H001003 $280,080 (9/l/11-8/31/12) Scattered Sites TOTAL $280,080 SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk nirg of !M is only to rxMft M oppW,tin y €brpy�.p s3 tals I°ii,1 std Presented to Me by the Mayor of the City of South Bend, Indiana on the day of , at o'clock M. City Clerk Approved and signed by nee on the day f y , z�, at o'clock m. Mayor, City of South Bend, Indiana Filed iniC�I.ork s Office 9 st READING d "z"�'~� AUQ 10 2011 PUBLIC HEARING A READING JOHN VOORDE ;T APPRQVTO CITY CLERK,SOUTH OEND,IN ERRED ,. PA55fD ,?_ BARNE.,S&.THORNBURG LLP 600 1st Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Philip J.Faccenda,Jr. Fax(574)237-1125 (574)237-1148 philip.faccenda@btlaw.cotn www btlaw.cotta August 17, 2011 HAND DELIVERED Mr. John Voorde Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: City of South Bend, Indiana Sewage Works Revenue Bonds of 2011 Dear Mr. Voorde: Enclosed for filing are multiple copies of the Ordinance for the above-referenced City of South Bend, Indiana Sewage Works Revenue Bonds of 2011 for financing sewage works projects in the City of South Bend as described in the Ordinance for first reading before the Common. Council on August 22, 2011 and second reading on September 12, 2011. Please call me with any questions you may have. Very truly yours, BARNES & THORNBURG LLP Philip J. Faccenda, Jr. PJF:ske Enclosures _ ... cc: John E. Broden, Esq. (w/enc.) SBDS02 PFACCENDA 4233040 f Atkinta Chicago Delaware lndiana Lc)s Angeles Michigan Minneapolis Ohio Washington,D.C. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), presently owns and operates a sewage works by and through its Board of Public Works (the "Board") for the collection and treatment of sewage and other wastes (the "Sewage Works" or the "Works"), pursuant to the provisions of Indiana Code 36-9-23, as amended (the "Act"). The Board has determined and recommended to the Common Council of the City (the "Common Council") that certain additions, extensions and improvements to the Sewage Works, as described herein, are necessary. The Board has employed Greeley and Hansen, LLC, The Troyer Group, Inc., Lawson-Fisher Associates, P.C., DI,7.., Inc., Abonmarche Consultants, R.W. Armstrong, Donahue and Associates, Malcolm Pirnie, Inc., Ken Herceg & Associates, Wightman Petrie, American Structurepoint, Inc., Symbiont Science, Engineering and Construction, Inc., Gary A. Gilot, P.E., Carl P. Littrell, P.E., Patrick Henthorn, P.E. and Rob Nichols, as professional engineers (the "Engineers"), to prepare and file plans, specifications, and detailed descriptions and estimates of the costs of the necessary additions, extensions and improvements to the Sewage Works, which plans, specifications, descriptions and estimates, to the extent required by law, have been duly submitted to and approved or will be approved by all governmental authorities having jurisdiction thereover (the improvements and extensions to the Sewage Works as described in the Engineers' plans and specifications and below are referred to herein as the "Project"), including, without limitation, the Indiana Department of Environmental Management (the "Department"). The Common Council finds that the estimates prepared and delivered by the Engineers with respect to the costs (as defined in Indiana Code 36-9-23-11) of acquisition, construction and installation of such improvements and extensions to the Sewage Works, and including all authorized costs relating thereto, including the costs of issuance of bonds on account of the financing of all or a portion thereof, will be in the estimated amount not to exceed Twenty- Two Million and 001100 Dollars ($22,000,000.00). The Common Council finds that to provide funds necessary to pay for the costs of the Project, it will be necessary for the City to issue sewage works revenue bonds in an amount not to exceed Twenty-Two Million and 00/100 Dollars.($22,000,000.00). Pursuant to Ordinance No. 8919-98 adopted by the Common Council on June 22, 1998 (the "1998 Ordinance"), the City has heretofore issued revenue bonds payable from the Net Revenues (as defined below) of the Sewage Works, such bonds being designated as "Sewage Works Refunding Revenue Bonds of 1998" (the "1998 Bonds"), outstanding after December 1, 2010, in the amount of$12,245,000, and maturing on December 1, 2018. Pursuant to Ordinance No. 9523-04 adopted by the Common Council on August 10, 2004 (the "2004 Ordinance"), the City has heretofore issued sewage works bonds payable from the Net Revenues of the Sewage Works, designated as "Sewage Works Revenue Bonds of 2004" (the "2004 Bonds"), outstanding after December 1, 2010, in the amount of $8,930,000, and maturing on December 1, 2024 Pursuant to Ordinance No. 9672-06 adopted by the Common Council on April 11, 2006, as amended by Ordinance No. 9767-07 adopted by the Common Council on June 25, 2007 (collectively, the "2006 Ordinance"), the City has heretofore issued revenue bonds payable from the Net Revenues of the Sewage Works, such bonds being designated as (i) "Sewage Works Revenue Bonds of 2006" (the "2006 Bonds"), outstanding after December 1, 2010, in the amount of$7,050,000, and maturing on December 1, 2026; (ii) "Sewage Works Revenue Bonds of 2007" (the "2007 Bonds"), outstanding after December 1, 2010, in the amount of $14,915,000, and maturing on December 1, 2027; and (iii) "Sewage Works Revenue Bonds of 2007 B" (the "2007B Bonds"), outstanding after December 1, 2010, in the amount of $14,845,000, and maturing on December 1, 2027. Pursuant to Ordinance No. 9951-09 adopted by the Common Council on August 10, 2009, as amended by Ordinance No. 9971-09 adopted by the Common Council on October 26, 2009 (collectively, the "2009 Ordinance"), the City has heretofore issued revenue bonds payable from the Net Revenues of the Sewage Works, designated as "Sewage Works Revenue Bonds of 2009" (the "2009 Bonds"), outstanding after December 1, 2010, in the amount of $3,166,795, and maturing on December 1, 2028. Pursuant to Ordinance No. 10052-10 adopted by the Common Council on November 8, 2010 (the "2010 Ordinance" and with the 1998 Ordinance, the 2004 Ordinance, the 2006 Ordinance and the 2009 Ordinance, the "Prior Ordinances"), the City has heretofore issued revenue bonds payable from the Net Revenues of the Sewage Works, designated as "Sewage Works Revenue Bonds of 2010" (the "2010 Bonds" and with the 1998 Bonds, 2004 Bonds, 2006 Bonds, 2007 Bonds, 2007B Bonds and 2009 Bonds, the "Prior Bonds"), currently outstanding in the amount of$9,345,000, and maturing on December 1, 2030. The Prior Ordinances permit the issuance of additional revenue bonds ranking on a parity basis with the Prior Bonds for the purpose of financing the costs of future additions, extensions and improvements to the Sewage Works, so long as certain conditions are met. Crowe Horwath LLP, Financial Advisor to the City (the "Financial Advisor'), has been employed by the Board for the purpose of analyzing the records and finances of the Sewage Works, and has submitted preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds payable out of the revenues of the Sewage Works and ranking on a parity with the Prior Bonds. Subject to the provisions of the immediately preceding paragraph, this Council now finds that all conditions precedent to the adoption of an ordinance, authorizing the issuance of - 2 - additional bonds ranking on a parity with the Prior Bonds for the purpose of financing the cost of the Project and the authorized costs relating thereto, have been complied with in accordance with the provisions of the Prior Ordinances and the Act. The Common Council consequently seeks to authorize the issuance of revenue bonds to finance the acquisition, construction and installation of the Project pursuant to the Act and the sale of such revenue bonds at public sale pursuant to the provisions of Indiana Code 5-1-11, subject to and dependent upon the terms and conditions hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS; SECTION 1. Acquisition, Construction and Installation of the Project. The City, acting by and through the Board and as the owner and operator of the Sewage Works for the collection and treatment of sewage and other wastes, hereby orders, authorizes and directs the Board to proceed with the acquisition, construction and installation of additions, extensions and improvements to the Sewage Works, pursuant to the Act and in accordance with the plans, specifications and cost estimates prepared and filed with the Board by the Engineers, which plans, specifications and cost estimates are hereby adopted and approved and, by reference, incorporated fully into this Ordinance, and two copies of which are now on file in the office of the Board and are open for public inspection. The actions of the Board in connection with the acquisition, installation, and financing of such improvements to the Sewage Works are hereby authorized, approved, ratified and confirmed. Where used in this Ordinance, the term "City" shall be construed also to include any department, board, commission or officer or officers of the City or of any City department, board or commission. The terms "Sewage Works," "sewage works," "works" and similar terms used in this Ordinance shall be construed to mean and include the existing structures and property of the Sewage Works and all enlargements, improvements, extensions and additions thereto, and replacements thereof, now or subsequently constructed or acquired, from the proceeds of the bonds authorized herein or otherwise. Such additions, extensions and improvements shall be constructed and the bonds herein authorized shall be issued pursuant to the provisions of this Ordinance and the Act. , SECTION 2. Description of the Project. The Project consists of the improvements described in Appendix A attached hereto and incorporated herein. The City, acting by and through the Board, shall proceed with the acquisition; construction and installation of the Project and shall enter into all contracts necessary or appropriate for such purpose, in conformity with and subject to the requirements and conditions set forth in this Ordinance and in the Act and in accordance with the plans and specifications previously prepared for and on behalf of the City. SECTION 3. Authorization for Bonds. In accordance with the Act and for the purpose of providing funds with which to pay the costs of the Project, together with all authorized costs relating thereto including the costs of the issuance of the 2011 Bonds (defined below) on account thereof, the City shall issue and sell its sewage works revenue bonds, in one or more series, in an amount not to exceed Twenty-Two Million Dollars ($22,000,000.00), to be designated "Sewage - 3 - Works Revenue Bonds of 2011" (the "2011 Bonds"). Such 2011 Bonds shall be signed in the name of the City by the manual or facsimile signatures of the Mayor of the City (the "Mayor") and the Controller of the City (the "Controller") and attested by the Clerk of the City (the "Clerk"), who shall affix the seal of the City to each of the 2011 Bonds manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature appears on the 2011 Bonds shall cease to be such officer before the delivery of such 2011 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery thereof. The 2011 Bonds shall also be authenticated by the manual signature of the Registrar (as defined below). Subject to the provisions of this Ordinance regarding the registration of the 2011 Bonds, the 2011 Bonds shall be fully negotiable instruments under the laws of the State of Indiana (the "State"). Any other provisions of this Ordinance to the contrary notwithstanding, the 2011 Bonds shall be issued on a parity with the outstanding Prior Bonds, and none of the provisions of this Ordinance shall be construed to affect the rights of the holders of the outstanding Prior Bonds. The Board shall instruct the Financial Advisor to perform any and all computations necessary to confirm the preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for issuance of additional revenue bonds on parity with the outstanding Prior Bonds. The City shall not issue the 2011 Bonds without first receiving a certificate from the Financial Advisor in form and substance satisfactory to the Controller regarding compliance with certain conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds on parity with the outstanding Prior Bonds. The 2011 Bonds shall be on a parity with the Prior Bonds, and shall be sold at a price not less than 99% of the par value thereof, shall be issued in fully registered form in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, shall be numbered consecutively from R-I up, shall be originally dated as of the first day of the month in which the 2011 Bonds are sold or as otherwise determined by the Controller, and shall bear interest at a rate or rates not exceeding eight percent (8.0 %) per annum (the exact rate or rates to be determined pursuant to Section 8 hereof) payable on the first (Ist) day of June and December in each year, following the original date of the 2011 Bonds as determined by the Controller, with the advice of the financial Advisor and as set forth in the notice of intent to sell bonds or notice of bond sale pursuant to in Section 8 herein. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. The 2011 Bonds shall mature annually on December I as finally determined by the Mayor and the Controller with the advice of the Financial Advisor and as set forth in the notice of intent to sell referred to herein and as evidenced by delivery of the executed initial issue of the 2011 Bonds to the Registrar for authentication; provided that the original aggregate principal amount does not exceed the amount authorized above, and that the final maturity shall be no later than December 1, 2031. All payments of interest on the 2011 Bonds shall be paid by check or draft mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date at the addresses as they appear on the registration books kept by the Registrar (the "Registration Record") or at such other address as is provided to the Paying Agent (as defined below) in writing by such registered owner, All principal payments and premium, if any, on the 2011 Bonds shall be made upon surrender thereof at the principal corporate trust office of the Paying Agent in any coin or currency of the - 4 - United States of America which on the date of such payment shall be legal tender for the payment of public and private debts. Interest on 2011 Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2011 Bonds are authenticated after the fifteenth (15th) day of the month preceding an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the fifteenth (15th) day of the month immediately preceding the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. The 2011 Bonds and any bonds ranking on a parity therewith, as to principal, premium and interest, shall be payable from and are hereby secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues, herein defined as the gross revenues of the Sewage Works after deduction only for payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes (the "Net Revenues"), of the Sewage Works of the City, which bonds constitute a first charge on said Net Revenues. The City shall not be obligated to pay said bonds or the interest or premium, if any, thereon except from the Net Revenues of the Works, and said bonds shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. Each 2011 Bond shall be transferable or exchangeable only upon the Registration Record by the Registrar, by the registered owner thereof in person, or by his attorney duly authorized in writing, upon surrender of such 2011 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City, except for any tax or governmental charge required to be paid in connection therewith, which shall be payable by the person requesting such transfer or exchange. The City, Registrar and Paying Agent may treat and consider the persons in whose name such 2011 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2011 Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof The City and the Registrar may charge the owner of such 2011 Bond with their reasonable fees and expenses in this connection. Any bond issued pursuant to this - 5 - paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2011 Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other 2011 Bonds issued hereunder. SECTION 4. Terms of Redemption. (a) The Mayor and the Controller, upon consultation with the Financial Advisor, may designate maturities of the 2011 Bonds (or a portion thereof in integral multiples of$5,000 of principal amount each) that shall be subject to optional redemption and/or mandatory sinking fund redemption, and the corresponding redemption dates, amounts and prices (including premium, if any). Except as otherwise set forth in this Ordinance, the Mayor and the Controller, upon consultation with the Financial Advisor, are hereby authorized and directed to determine the terms governing any such redemption, provided that any redemption premium shall not exceed two percent (2%) of the par amount of the 2011 Bonds to be redeemed. (b) Notice of redemption shall be given not less than 30 days prior to the date of redemption and shall be mailed by first-class mail or by registered or certified mail to the address of each registered owner of a 2011 Bond to be redeemed as shown on the Registration Record 45 days prior to the date fixed for redemption, except to the extent such redemption notice is waived by owners of 2011 Bonds redeemed; provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any 2011 Bond shall not affect the validity of any proceedings for the redemption of any other 2011 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2011 Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2011 Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such 2011 Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. (c) The 2011 Bonds may be subject to mandatory sinking fund redemption as set forth herein. At the option of the successful bidder for each series of the 2011 Bonds, all or a portion of the 2011 Bonds of a particular series may be aggregated into one or more term bonds payable from mandatory sinking fund redemption payments (the "Term Bonds") required to be made as set forth below. The Terra Bonds shall have a stated maturity or maturities on December 1 of the years in which the 2011 Bonds are outstanding as determined pursuant to Section 3 hereof or as determined by the successful bidder. In the event that the successful bidder opts to aggregate certain 2011 Bonds into Term Bonds, such Term Bonds shall be subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date, but without remium, on December 1 of each year and in the principal amounts corresponding to and consistent with the maturity schedule for the 2011 Bonds set forth in the bond sale notice. - 6 - The Registrar and Paying Agent shall credit against the current mandatory sinking fiend requirement for a Term Bond of a particular maturity, any 2011 Bonds of such maturity delivered to the Registrar and Paying Agent for cancellation or purchased for cancellation by the Registrar and Paying Agent and cancelled by the Registrar and Paying Agent and not theretofore applied as a credit against any mandatory sinking fund requirement. Each 2011 Bond so delivered or purchased shall be credited by the Registrar and Paying Agent at 100% of the principal amount thereof against the mandatory sinking fund redemption requirements for the applicable Term Bond in order of mandatory sinking fund redemption (or final maturity) dates determined by the Clerk, and the principal amount of such Term Bond to be redeemed on such mandatory sinking fund redemption dates by operation of the mandatory sinking fund requirements shall be reduced accordingly; provided, however, the Registrar and Paying Agent shall only credit 2011 Bonds against the mandatory sinking fund requirements to the extent such 2011 Bonds are received on or before 45 days preceding the applicable mandatory sinking fund redemption date. The Registrar shall determine by lot (treating each $5,000 principal amount of each 2011 Bond as a separate 2011 Bond for such purpose) the 2011 Bonds within a Term Bond of a particular maturity to be redeemed pursuant to the mandatory sinking fund redemption requirements on December 1 of each year. Notice of any such mandatory sinking fund redemption shall be given in the same manner as notice of optional redemption is required to be given pursuant to this Section 4 of this Ordinance. If 2011 Bonds are to be redeemed by optional redemption and mandatory sinking fund redemption on the same date, the Registrar shall select by lot the 2011 Bonds for optional redemption before selecting the 2011 Bonds by lot for the mandatory sinking fund redemption. In the event any of the 2011 Bonds are issued as Term Bonds, the form of the 2011 Bond set forth in Appendix B to this Ordinance shall be modified accordingly. Any reference to payment of principal on the 2011 Bonds shall include payment of scheduled mandatory sinking fund redemption payments described in this Section 4. (d) All 2011 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered 2011 Bonds shall be issued for the unredeemed portion of any 2011 Bond without charge to the holder thereof. (e) No later than the date fixed for redemption, funds shall be deposited with the Paying Agent to pay, and the Paying Agent is hereby authorized and directed to apply such funds to the payment of, the 2011 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2011 Bond or portion thereof called for redemption until such 2011 Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed 2011 Bond. SECTION 5. Appointment of Registrar and Paying Agent. The Controller is hereby authorized to appoint a registrar and a paying agent for the 2011 Bonds ("Registrar" or "Paying - 7 - Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2011 Bonds, and shall keep and maintain books for the registration and transfer of the 2011 Bonds. The Mayor is hereby authorized to enter into such agreements or understandings with any institution serving as Registrar and Paying Agent as will enable the institution to perform the services required of the Registrar and Paying Agent. The Controller is authorized to pay such fees as the institution may charge for the services it provides as Registrar and Paying Agent, and such fees may be paid as fiscal agency charges from the Sinking Fund described herein to pay the principal of and interest on the 2011 Bonds. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first-class mail to each registered owner of the 2011 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or be sent by registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2011 Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to registered owners of the 2011 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the bond register. Any predecessor Registrar and Paying Agent shall deliver all the 2011 Bonds and cash in its possession and the bond register to the successor Registrar and Paying Agent. At all times, the same entity shall serve as Registrar and as Paying Agent. SECTION 6. Form of Bonds. The form and tenor of the 2011 Bonds shall be substantially as set forth in Appendix B, with all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery thereof. SECTION 7. Authorization for Book-Entry System. The 2011 Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of 2011 Bonds to the purchasers. The following provisions of this section apply in such event. One definitive 2011 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City, the Registrar and the Paying Agent may, in connection therewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2011 Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2011 Bonds. During any time that the 2011 Bonds remain and are held in book-entry form on the books of a Clearing Agency: (1) any such 2011 Bond may be registered upon the books kept by the Registrar in the name of such Clearing Agency, or any nominee thereof, including Cede & Co., as nominee of The Depository Trust Company; (2) except as otherwise described in the Continuing Disclosure Contract described below, the Clearing Agency in whose name such 2011 Bond is so registered shall be, and the City, the Registrar and the Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2011 Bond for all purposes - 8 - of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest on such 2011 Bond, the receiving of notice and giving of consent; (3) except as otherwise described in the Continuing Disclosure Contract, neither the City nor the Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2011 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2011 Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal of or interest or premium, if any, on any 2011 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2011 Bond called for partial redemption prior to receiving payment so long as the Registrar, the Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2011 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2011 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2011 Bonds, then the City, the Registrar and the Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2011 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2011 Bonds and to transfer the ownership of each of the 2011 Bonds to such person or persons, including any other Clearing Agency, as the holders of the 2011 Bonds may'direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2011 Bonds, shall be paid by the City. During any time that the 2011 Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any direct or indirect participant with respect to the identity of any beneficial owner of 2011 Bonds as of a record date selected by the Registrar. For purposes of determining whether the consent, advice, direction or demand of a registered owner of a 2011 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2011 Bonds as the bondholders and any consent, request, direction, approval, objection or other instrument of such beneficial owner may be obtained in the fashion described 'in this Ordinance. During any time that the 2011 Bonds are held in book-entry form on the books of a Clearing Agency, the Mayor, the Controller and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency or a Blanket Issuer Letter of Representations (the "DTC Letter of Representations"), and the provisions of any such DTC Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including, without limitation, same day funds settlement payment procedures. Further, during any time that the 2011 Bonds are held in book-entry form, the provisions of this section shall control over conflicting provisions in any other section hereof. - 9 - SECTION 8. Sale of Bonds. (a) The Controller is hereby authorized and directed to have the 2011 Bonds prepared, and the Mayor, Controller and the Clerk are hereby authorized and directed to execute the 2011 Bonds in substantially the form and the manner herein provided. (b) The 2011 Bonds shall be sold in a competitive sale. The Controller shall cause to be published either (i) a notice of sale once each week for two consecutive weeks in accordance with LC.§5-3-1-2, in which case the date fixed for. the sale shall not be earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days after the second of such publications, or (ii) a notice of intent to sell bonds once each week for two weeks in accordance with I.C. §5-1-11-2 and LC. §5-3-1-4 and in a newspaper of general circulation published in the State capital. Said sale notice shall state the time and place of sale, the purpose for which the 2011 Bonds are being issued, the total amount thereof, the amount and date of each maturity, the maximum rate or rates of interest thereon, their denominations, the time and place of payment, the terms and conditions upon which bids will be received and the sale made and such other information as is required by law or as the Controller shall deem necessary. The Controller is designated as the officer responsible for the sale of the 2011 Bonds, and shall provide or cause to be provided all notices required by law. All bids for the 2011 Bonds shall be presented to the Controller in accord with the terms set forth in the sale notice. Bidders for the 2011 Bonds shall be required to name the rate or rates of interest which the 2011 Bonds are to bear, which shall be the same for all 2011 Bonds maturing on the same date and the interest rate bid on any maturity of 2011 Bonds must be no less than the interest rate bid on any and all prior maturities, not exceeding eight percent (8%) per annum, and such interest rate or rates shall be in multiples of one-one hundredth (1/100) of one percent (1%). The Controller shall award the 2011 Bonds to the bidder who offers the lowest interest cost, to be determined by computing the total interest on all the 2011 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding thereto the amount of the discount, if any. No bid for less than nine percent (99%) of the par value of the 2011 Bonds, plus accrued interest, shall be considered. The Controller may require that the successful bidder provide to the City a good faith deposit in the form of cash, certified or cashier's checks payable to the order of the City, or wire transfer (as instructed by the City) (the "Deposit"), in an amount not to exceed one percent (1%) of the aggregate principal amount of the 2011 Bonds as a guaranty of the performance of said bid. The successful bidder shall be required to submit to the City the Deposit not later than 3:30 p.m. (local time) on the next business day following the award. In the event the successful bidder shall fail or refuse to accept delivery of the 2011 Bonds and pay for the same as soon as the 2011 Bonds are ready for delivery or at the time fixed in the notice of.sale, then such Deposit and the proceeds thereof shall be the property of the City and shall be considered as its liquidated damages on account of such default. In the event no satisfactory bids are received on the day named in the sale notice, the sale may be continued from day to day thereafter for a period of thirty (30) days without readvertisement; provided, however, that if said sale is continued, no bid shall be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for sale in the bond sale notice. The Controller shall have full right to reject any and all bids. The opinion of bond counsel to the City approving the legality of the 2011 Bonds will be furnished to the purchaser at the expense of the City. - 10 - (c} Upon the consummation of the sale of the 2011 Bonds, the Controller is hereby authorized and directed to (1) to collect from the purchaser the purchase price for the 2011 Bonds; (ii) deliver the 2011 Bonds to the purchaser;, and (iii) take the purchaser's receipt for the 2011 Bonds. The amount to be collected from the purchaser shall be the full amount which the purchaser has agreed to pay therefor, which shall be not less than 99% of the par value of the 2011 Bonds plus accrued interest to the date of delivery. (d) The 2011 Bonds, when fully paid for and delivered to the purchasers, shall be the binding special revenue obligations of the City, payable out of the Net Revenues of the City's Sewage Works to be set aside into the Sinking Fund as herein provided. SECTION 9. Use of Bond Proceeds. Any accrued interest and premium received at the time of delivery of the 2011 Bonds shall be deposited in the Debt Service Account of the Sinking Fund described below and shall be applied to the payment of interest on the 2011 Bonds on the earliest interest payment dates. The remaining proceeds received from the sale of the 2011 Bonds shall be deposited in a bank or banks which are legally qualified depositories of the funds of the City, in a special fund to be designated as the "City of South Bend, Indiana, 2011 Sewage Works Construction Fund No. 659" (the "Project Fund"). The numeric designation for the Project Fund may be changed from time to time at the discretion of the Controller. The proceeds deposited in the Project Fund shall be expended only for the purpose of paying the cost of the Project and the costs of issuance of the 2011 Bonds. Any balance remaining in the Project Fund after the completion of the Project, which is not required to meet unpaid obligations incurred in connection therewith or to pay the costs of issuance of the 2011 Bonds, may be used as provided in Indiana Code 5-1-13, as amended, or as otherwise permitted by law. SECTION 10. Official Statement and Continuing Disclosure Contract. (a) The Mayor and the Controller each are hereby authorized to deem final an official statement with respect to the 2011 Bonds, as of its date, in accordance with the provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "Rule"), subject to completion as permitted by the Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Mayor or the Controller in the form of a final official statement. (b) If necessary in order for the purchaser or the underwriter of the 2011 Bonds to comply with the Rule, the Mayor and/or the Controller are hereby authorized to execute and deliver, in the name and on behalf of the City, (1) an agreement by the City to comply with the requirements for a continuing disclosure undertaking of the City pursuant to subsection (b)(5) or (d)(2) of the Rule, and (ii) amendments to such agreement from time to time in accordance with the terms of such agreement (the agreement and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Contract"), The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Contract. The remedies for any failure of the City to comply with and carry out the provisions of the Continuing Disclosure Contract shall be as set forth therein. - I1 - SECTION 11. Collection of Revenues; Funding Operation, Repair and Maintenance. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges shall be deposited in the Sewage Works Revenue Fund (the "Revenue Fund"), as set forth in the Prior Ordinances and continued hereby, and such revenues shall be segregated and kept separate and apart from all other funds and bank accounts of the City. Out of said revenues the proper and reasonable expenses of operation, repair and maintenance of the Sewage Works shall be paid, the principal and interest of all bonds and fiscal agency charges of bank paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid as hereinafter provided. On the last day of each calendar month there shall be credited from the Revenue Fund to the Sewage Works Operations and Maintenance Fund (the "Operations Fund"), as set forth in the Prior Ordinances and continued hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the Sewage Works on a day-to-day basis, but none of such moneys in such fund shall be used for deprecation, replacements, improvements, extensions or additions. Any balance in the Operations Fund in excess of the expected expenses of operation, repair and maintenance for the then next succeeding month may be transferred to the Sinking Fund referred to below if necessary to prevent a default in payment of principal or interest on outstanding bonds. SECTION 12. Sewage Works Sinking Fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking fund (the "Sinking Fund") previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account and the Reserve Account previously established and continued hereby in said Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal of and interest on all of the then outstanding bonds of the Sewage Works to the final maturity thereof: (b) Bond and Interest Account. There shall be transferred, on or before the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account, an amount equal to the sum of one-sixth (1/6) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one-tweifth (1/12) of the amount of principal payable on all then outstanding bonds of the Sewage Works payable on the then next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding respective interest and principal payment dates shall have been so credited; provided that such fractional amounts shall be appropriately increased, if necessary, to provide for the first interest and first principal payments on the 2011 Bonds. There shall similarly be - 12 - credited to the Bond and Interest Account any amount necessary to pay the bank fiscal agency charges, if any, for paying the principal of and interest on outstanding bonds of the Sewage Works as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owners of the outstanding bonds of the Sewage Works or to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of any bank fiscal agency charges. (c) Reserve Account. On the date of delivery of the 2011 Bonds or any other bonds payable from the Reserve Account, funds on hand of the Sewage Works, proceeds of the 2011 Bonds or such other bonds or a combination thereof may be deposited into the Reserve Account. Except as otherwise required by the Prior Ordinances, the balance to be maintained in the Reserve Account shall equal but not exceed an amount (the "Reserve Requirement") equal to the least of(i) the maximum annual debt service on the 2011 Bonds and any other bonds payable from the Reserve Account, (ii) one hundred twenty-five percent (125%) of average annual debt service on the 2011 Bonds and any other bonds payable from the Reserve Account, or (iii) ten percent (10%) of the proceeds of the 2011 Bonds and any other bonds payable from the Reserve Account, plus if and to the extent the amount set forth above is less than maximum annual debt service on the 2011 Bonds and any other bonds payable from the Reserve Account, a minor portion of the proceeds thereof under Section 148(c) of the Internal Revenue Code of 1986, as amended (the "Code"). Notwithstanding such Reserve Requirement, certain of the Prior Ordinances require a Reserve Requirement in an amount equal to the maximum annual debt service on the sewage works revenue bonds payable from the Reserve Account (including the 2011 Bonds and the Prior Bonds) so long as the Prior Bonds with such a Reserve Requirement are outstanding. If the initial deposit into the Reserve Account does not equal the Reserve Requirement, or if no deposit is made, the City shall deposit a sum of Net Revenues into the Reserve Account on the last day of each calendar month until the balance equals the Reserve Requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the Reserve Requirement within five (5) years of the date of delivery of the 2011 Bonds. The Reserve Account shall constitute the margin for safety and protection against default in the payment of principal of and interest on the 2011 Bonds and any other bonds payable from the Reserve Account, and the moneys in the Reserve Account shall be used to pay current principal and interest on the 2011 Bonds and any other bonds payable from the Reserve Account to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. Any deficiency in the balance maintained in the Reserve Account shall be made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. Any moneys in the Reserve Account in excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement Fund (as described herein) or be used for the purchase of outstanding bonds or installments of principal of fully registered bonds at a price not exceeding par and accrued interest, and redemption premium, if any. As an alternative to holding cash funds in the Reserve Account, the City, with the advice of the Financial Advisor and the City's bond counsel, may satisfy all or any part of its obligation to maintain any amount in the Reserve Account by depositing a Credit Facility (as defined below) therein, provided that such deposit does not adversely affect any then existing rating on - 13 - the 2011 Bonds. Notwithstanding the prior sentence, certain of the Prior Ordinances require the City to additionally give notice to (and/or seek the consent of) the holder of certain of the Prior Bonds so long as such Prior Bonds are outstanding prior to any deposit of a Credit Facility in the Reserve Account. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City. As long as any such Credit Facility is in full force and effect, any valuation of the Reserve Account shall treat the maximum amount available under such Credit Facility as its value. To the extent that any 2011 Bonds are insured, and the Credit Facility is not being provided by the insurer of such 2011 Bonds, such insurance policy shall be subject to the insurer's prior written consent. The Mayor and the Controller are hereby authorized to obtain such a Credit Facility for each series of 2011 Bonds being sold, and are authorized to enter into any agreements with such Credit Facility provider that they deem necessary with the advice of the Financial Advisor. Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. SECTION 13. Sewage Works Improvement Fund. On the first day of each calendar month after the 2011 Bonds are issued, after meeting the requirements for operation, repair, and maintenance and the Sinking Fund, all available net revenues shall be credited to the Sewage Works Improvement Fund as set .forth in the Prior Ordinances and continued hereby. Said fund shall be used for improvements, replacements, additions and extensions of the Sewage Works. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or if necessary to eliminate any deficiencies in credits to or minimum balance in the Debt Service Reserve Account of the Sinking Fund. SECTION 14. Investments. The moneys in any of such funds or accounts shall be invested in accordance with the laws of the State of Indiana relating to the depositing, holding, securing or investing of public funds, and in accordance with the arbitrage certificate delivered at the time of delivery of any bonds payable from such funds and accounts. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges and from the investment of moneys in the funds herein created shall be segregated and kept separate and apart from all other funds and accounts of the City. No moneys derived from the revenues of the Sewage Works (including investment income) shall be transferred to the general fund of the City or be used for any purpose not connected with the Sewage Works if such transfer or use would interfere with the flow of funds set forth herein. Investment income from such funds and accounts shall, except as otherwise provided herein, be treated as revenues of the Sewage Works, and shall be used as provided in this Ordinance. - 14 - SECTION 15. Books and Records. The City shall keep proper books of records and accounts, separate froM7 all of its other records and accounts, in which complete and correct entries shall be made showing all revenues collected from the Works and deposited in said funds, all disbursements made therefrom on account of the operation of the Works and to meet the requirements of the Sinking Fund, and all other transactions relating to the Works, including the cash balances in each of the funds and accounts described herein as of the close of the preceding fiscal year. Upon written request, there shall be prepared and furnished to the original purchasers of the 2011 Bonds and to any subsequent owner of the bonds at the time then outstanding, not more than four (4) months after the close of each fiscal year, operating income and expense and balance sheet statements of the Works, covering the preceding fiscal year, which annual statements shall be certified by the Controller, or the person charged with the duty of auditing the books and records relating to the Works, or such statements may be prepared by an independent certified public accountant retained by the City for the purpose of preparing such statements. Copies of all such statements and reports shall be kept on file in the office of the Controller. Any owner or owners of the 2011 Bonds then outstanding shall have the right at all reasonable times to inspect the Works and all records, accounts and data of the City relating thereto. Such inspections may be made by representatives duly authorized by written instrument. SECTION 16. Rate Covenant. The City shall, to the fullest extent permitted by law, establish, maintain and collect just and equitable rates and charges for the use of and the services rendered by said Sewage Works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage system of the City, or that in any way uses or is served by such Works. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, for depreciation and improvement, and for the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the 2011 Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the 2011 Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. SECTION 17. Defeasance, If, when the 2011 Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2011 Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2011 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non-callable obligations of (including obligations issued or held in book- entry form on the books of)the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2011 Bonds or - 15 - such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues, SECTION 18. Additional Bonds. The City reserves the right to authorize and issue additional bonds, payable out of the revenue of its Sewage Works, ranking on a parity with the 2011 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the Sewage Works or to provide for a complete or partial refunding of the 2011 Bonds or other bonds payable out of the revenues of the Sewage Works, subject to the following conditions: (a) The interest on and principal of all bonds payable from the revenues of the Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this condition shall be deemed satisfied if any required amount is to be provided from the proceeds of the parity bonds or other funds of the City. (b) All required deposits to the Sinking Fund shall have been made in accordance with the provisions of the Ordinance. (c) The Net Revenues of the Sewage Works in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2011 Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding 2011 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued; or, prior to the issuance of said parity bonds, the sewage rates and charges shall be increased sufficiently so that said increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for said year equal to not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding 2011 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued. For purposes of this subsection, the records of the Sewage Works shall be analyzed and all showings shall be prepared by a certified public accountant or independent financial advisor employed by the City for that purpose. (d) The principal of the additional parity bonds shall be payable annually on December 1 and the interest shall be payable semiannually on June 1 and December 1 during the periods in which principal and interest are payable. SECTION 19. Additional Covenants of the City. For the purpose of further safeguarding the interests of the holders of the 2011 Bonds, it is specifically provided as follows: (a) All contracts let by the City in connection with the construction of said additions and improvement to the Sewage Works in connection with the Project shall be let after due advertisement as required by the laws of the State of Indiana, and all contractors shall be required to furnish surety bonds in an amount equal to one hundred percent (100%) of the amount of such contracts, to insure the completion of said contracts in accordance with their terms, and such contractors shall also be required to carry such employers liability and public liability insurance as are required under the - 16 - laws of the State of Indiana in the case of public contracts, and shall be governed in all respects by the laws of the State of Indiana relating to public contracts. (b) All additions and improvement to the Sewage Works in connection with the Project shall be constructed under the supervision and subject to the approval of the Engineers or such other competent engineer as shall be designated by the Board. All estimates for work done or material furnished shall first be checked by the Engineers or such other competent engineer as shall be designated by the Board and approved by the Board. (c) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (d) So long as any of the 2011 Bonds are outstanding, the City shall maintain insurance on the insurable parts of the Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. In addition to or in lieu of the foregoing, the City may provide for coverage on all or part of the Works comparable to that described above through a self-insurance program. Insurance proceeds shall be used in replacing or repairing the property destroyed or damaged; or if not used for that purpose shall be treated and applied as Net Revenues of the Works. (e) So long as any of the 2011 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof,nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance.of the Works. (f) So long as any Prior Bonds are held by the Indiana Finance Authority (the "Authority") and remain outstanding: (1) the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works, without the prior written consent of the Authority, and (ii) the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (g) Except as provided in Section 18 hereof, so long as any of the 2011 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the Sewage Works shall be authorized, executed, or issued by the City except such as shall be made subordinate and junior in all respects to the 2011 Bonds, unless all of the 2011 Bonds are redeemed, retired, or defeased coincidentally with the delivery of such additional bonds or other obligations, - 17 - (h) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with the Sewage Works. (i) This Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of any 2011 Bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. (j) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2011 Bonds for the uses and purposes herein set forth. The provisions of this Ordinance shall also be construed to create a trust in the portion of the Net Revenues herein directed to be set apart and paid into the Sinking Fund and for the uses and purposes of said Fund as set forth in this Ordinance. The owners of the 2011 Bonds shall have all of the rights, remedies and privileges set forth under the Act in the event of default in the payment of the principal of or interest on any of the 2011 Bonds or in the event of default with respect to any of the provisions of this Ordinance or the Act. SECTION 20. Tax Covenants. In order to preserve the exclusion of interest on the 2011 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2011 Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2011 Bonds or property financed by the 2011 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2011 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2011 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2011 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to a non-governmental person in any manner that would in substance constitute a loan of the 2011 Bond proceeds. (c) The City will not tape any action or fail to take any action with respect to the 2011 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2011 Bonds pursuant to Section 103 of the Code, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2011 Bond proceeds or other monies treated as 2011 Bond proceeds to the federal government as provided in Section 148 of the Code, and will set aside such monies, which may be paid from investment income on funds and accounts, in trust for such purposes. - 18 - (d) The City will file an information report Dorm 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2011 Bond is outstanding hereunder which would cause any 2011 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations applicable thereto as in effect on the date of delivery of the 2011 Bonds. The City will not take any action or fail to take any action with respect to the 2011 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2011 Bonds pursuant to Section 103(a) of the Code, and the City will not act in any manner which would adversely affect such exclusion. Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Covenants") which are designed to preserve the exclusion of interest on the 2011 Bonds from gross income under federal income tax law (the "Tax Exemption") need not be complied with if the City receives an opinion of nationally recognized bond counsel that any Tax Covenant is unnecessary to preserve the Tax Exemption. SECTION 21. Amendments. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty-six and two-thirds per cent (66- 2/3°/x) in aggregate principal amount of the 2011 Bonds then outstanding shall have the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 20.11 Bond or an advancement of the earliest redemption date on any 2011 Bond; or (b) A reduction in the principal amount of any 2011 Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable; or (c) The creation of a lien upon or a pledge of the revenues of the Sewage Works ranking prior to the pledge thereof created by this Ordinance; or (d) A preference or priority of any 2011 Bond or 2011 Bonds over any other 2011 Bond or 2011 Bonds; or (e) A reduction in the aggregate principal amount of the 2011 Bonds required for consent to such supplemental ordinance. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the registration books held by the - 19 - Registrar. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2011 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2011 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2011 Bonds of not less than sixty-six and two-thirds per cent (66-213%) in aggregate principal amount of the 2011 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2011 Bonds, whether or not such owners shall have consented thereto. No owner of any 2011 Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the City or its officers from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2011 Bonds then outstanding, shall thereafter be determined exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments, Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2011 Bonds, and the terms and provisions of the 2011 Bonds and this Ordinance, or any supplemental ordinance, may be modified or altered in any respect with the consent of the City and the consent of the owners of all the 2011 Bonds then outstanding. Without notice to or consent of the owners of the 2011 Bonds, the City may, from time to time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with the terms and provisions hereof (which supplemental ordinances shall thereafter form a part hereof), (a) to cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; or (b) to grant to or confer upon the owners of the 2011 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2011 Bonds; or (c) to procure a rating on the 2011 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance will not adversely affect the owners of the 2011 Bonds; or - 20 - (d) to make any other change which is not to the prejudice of the owners of the 2011 Bonds; or (e) to provide for the refunding or advance refunding of the 2011 Bonds. SECTION 22. Defaults. In the event available moneys hereunder, subject to the restrictions on use of money held under this Ordinance as set forth herein, are insufficient to pay debt service on all bonds payable from the revenues of the Sewage Works when due, available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2011 Bonds and any bonds issued on parity with the 2011 Bonds as follows: First - To the payment to the persons entitled thereto of all installments of interest then due, including interest on any past due principal at the rate borne by such bond, in the order of the maturity of the installments of such interest and, if the amount available shall not be sufficient to pay in full any particular installment, then to such payment ratably, according to the amounts due on such installments, to the persons entitled thereto, without any discrimination or privilege; and Second - To the payment to the persons entitled thereto of the unpaid principal of and premium on any of such bonds which shall have become due either at maturity or pursuant to a call for redemption (other than bonds called for redemption for the payment of which other moneys are held), in the order of their due dates, and, if the amount available shall not be sufficient to pay in the amounts due on any particular date, then to such payment ratably, according to the amount due on such date, to the persons entitled thereto without any discrimination or privilege. During the continuance of any default in the payment of either principal of or interest or premium on any 2011 Bond or bonds issue on parity with the 2011 Bonds, no payment shall be made with respect to any subordinate and junior bonds ("Junior Bonds"). Moneys available for payment to holders of Junior Bonds shall, in the event of an insufficient amount being available to pay all debt service with respect to the Junior Bonds when due, be applied to the Junior Bonds in accordance with the sequence and other terms set forth above with respect to payments regarding bonds issued on parity with the 2011 Bonds unless otherwise provided in the ordinance authorizing the Junior Bonds. SECTION 23. No Conflict. Except as described below, all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 24. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 25. Bond Insurance. In connection with the sale of the 2011 Bonds, the Mayor, the Controller and the Clerk are each authorized to execute and deliver such agreements and instruments as they deem advisable to secure bond insurance for the 2011 Bonds, and the - 21 - execution and delivery of such agreements and instruments are hereby approved. The premium, if any, for such bond insurance shall be payable from the proceeds of the 2011 Bonds. SECTION 26. Rates and Charges. The estimate of rates and charges which will be needed and charged to the general classes of users of property to be served by the Sewage Works in order to provide sufficient moneys to make payments of principal and interest on the 2011 Bonds, along with the other payments identified in this Ordinance, is set forth in Ordinance No. I0019-10, adopted by the Common Council on June 28, 2010. SECTION 27. Holidays, Etc. If the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the city in which the Registrar or Paying Agent is located are typically closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. Effectiveness. This Ordinance shall be in full force and effect from and after its passage, provided, the provisions of the ordinances pursuant to which the Prior Bonds were issued shall remain in effect and shall supersede the provisions of this Ordinance in the event of any conflict with this Ordinance until such time as the Prior Bonds are all defeased on paid in full. SEC'T'ION 29. Notice of Adoption and Purport of this Ordinance. Upon passage of this Ordinance, the Clerk of the City shall immediately cause to be published in accordance with Indiana Code 5-3-1, a notice of the adoption and purport of this Ordinance in accordance with Indiana Code Section 36-9-23-10. In the event that any objecting petition is filed in accordance with Indiana Code Section 36-9-23-12, no further proceedings shall be taken by the City relating to the Project until the later of(i) the date on which the court having jurisdiction over such matter confirms the decision of the City to issue bonds relating to the Project, or (ii) if an appeal is taken, the date on which the appropriate court of last resort confirms the decision of the City to issue bonds relating to the Project, except as permitted by Indiana Code Section 36-9-23-12(f). SECTION 30. Actions and Agreements. Each of the Mayor, the Controller and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. - 22 - PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of , 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council dj Vnis W1 is 0' and li0f PEW"- Mod ed " ail 15t READING PUBLIC NEARING .,..........:.. ;" .b, 3 rd READING LITdaLE ,«; fit` au"t7,fPst NOT APPROVED - 23 REFERRED. PASSED APPENDIX A PROJECT DESCRIPTION The Project consists of the design, acquisition, construction and installations of certain additions, extensions and improvements to the Sewage Works, including, but not limited to: 1. Diamond Avenue Separation — Sewer separation improvements along Diamond Avenue to approximately Vassar Avenue. 2. East Bank Separation — Sewer separation improvements for Combined Sewage Overflow ("CSO") separation along the east bank of the St. Joseph River within the City. i. Bendix Separation — Sewer separation improvements along Bendix Drive north of Lincoln Way West. 4, Waste Water Treatment Plant digester improvements. 5. Preparation of CSO Long-Terra Control Plan Designs of the City. 6. Making any and all improvements related to and contemplated by the CSO Long- Term Control Plan of the City. 7. Make any and all additional improvements related to the foregoing. A-1 APPENDIX B FORM OF 2011 BOND No, R-_ UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND SEWAGE WORKS REVENUE BOND OF 2011 Interest Maturity Original Authentication Rate Date Date Date CUSIP % 1 , 20� , 20_ , 20 RL"GISTERED OWNER: Cede & Co. PRINCIPAL. SUM: Dollars ($ } The City of South Bend, in St. Joseph County, State of Indiana, for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond is subject to and is called for redemption prior to maturity as hereinafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding an interest payment date and on or before such interest payment date in which case interest shall be paid from such interest payment date, or unless this bond is authenticated on or before 15, 20 in which case it shall bear interest from the Original Date, which interest is payable semi-annually on the first day of June and December of each year, beginning on 1, 20 The principal of this bond is payable at the office of (the "Registrar" or "Paying Agent"), in , Indiana. All payments of interest on this bond shall be paid by check or draft mailed one business day prior to the interest payment date to the registered owner hereof as of the fifteenth day of the month preceding the interest payment date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the registered owner. All payments of principal of this bond shall be made upon surrender thereof at the principal corporate trust office of the Paying Agent in any coin or currency of the United States of B-1 America which on the dates of such payment shall be legal tender for the payment of public and private debts. This bond is one of an authorized issue of bonds (the "Bonds") of the City of South Bend, Indiana, of like original date, tenor and effect, except as to denomination, numbering, interest rates, redemption terms and dates of maturity, in the total amount of Dollars ($ ), numbered from R-I up, issued for the purpose of providing funds to be applied to the cost of certain additions, extensions and improvements to the sewage works of the City (the "Sewage Works" or the "Works"), and to pay all expenses necessarily incurred in connection with the issuance of such bonds, as authorized by Ordinance No. adopted by the Common Council of the City of South Bend on the day of , 2011, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing the Acquisition, Construction and Installation of Certain Additions, Extensions and Improvements for the City's Sewage Works, the Issuance and Sale of Revenue Bonds to Provide Funds for the Payment of the Costs Thereof, and the Collection, Segregation and Distribution of the Revenues of Such Sewage Works, and Other Related Matters" (the "Ordinance"), and in strict compliance with the provisions of I.C. 36-9-23, as amended (collectively, the "Act"). Pursuant to the provisions of the Act and said Ordinance, the principal of and interest on (i) this bond and all other bonds of this issue, (ii) all Prior Bonds (as defined in the Ordinance), which Prior Bonds are on a parity with this bond and all other bonds of this issue, and (iii) all bonds hereafter issued on a parity with this bond and all other bonds of this issue, are payable solely from the Sewage Works Sinking Fund, as described in the Ordinance, to be provided from the Net Revenues (defined as the gross revenues of the Sewage Works of the City after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes). This bond and the issue of which it is a part, together with the Prior Bonds and any parity bonds hereafter issued constitute a first charge against said Net Revenues. The City of South Bend irrevocably pledges the entire Net Revenues of said Sewage Works to the prompt payment of the principal of and interest on the bonds authorized by the Ordinance, of which this is one, and any bonds ranking on a parity therewith (including the Prior Bonds), to the extent necessary for that purpose, and covenants that it will cause to be fixed, maintained and collected such rates and charges for service rendered by the Works as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, to provide for proper depreciation and for the payment of the sums required to be paid into said Sewage Works Sinking Fund under the provisions of the Ordinance. In the event the City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for under Indiana law. The City of South Bend further covenants that it will set aside and pay into its Sewage Works Sinking Fund a sufficient amount of the Net Revenues of the Works to (a) pay the principal and interest payments on all bonds payable from the Net Revenues of the Sewage Works, as such principal and interest shall fall due, (b) pay the necessary fiscal agency charges for paying all bonds and interest as required by the Ordinance, and (c) an additional amount B-2 necessary to maintain the reserve required by the Ordinance. Such required payments shall constitute a first charge upon all the Net Revenues of the Works. [The Bonds maturing on and after 1, 20�, are redeemable at the option of the City on 1, 20 , or any date thereafter, on thirty (30) days' notice, in whole or in part, in inverse order of maturity and by lot within a maturity, at face value, together with the following premiums: % if redeemed on 1, 20 or thereafter on or before , 20 ; % if redeemed on , 20 or thereafter prior to maturity; plus in each case accrued interest to the date fixed for redemption.] [Notice of redemption shall be mailed to the address of the Registered Owner as shown on the registration record of the City, as of the date which is forty-five (45) days prior to such redemption date, not less than thirty (30) days prior to the date fixed for redemption. The notice shall specify the date and place of redemption and sufficient identification of the Bonds called for redemption. The place of redemption may be determined by the City. Interest on the Bonds so called for redemption shall cease on the redemption date fixed in such notice, if sufficient funds are available at the place of redemption to pay the redemption price on the date so named.] (The Bonds shall be called for redemption in multiples of $5,000. The Bonds in denominations of more than $5,000 shall be treated as representing the number of Bonds obtained by dividing the denomination of the Bond by $5,000 within a maturity. The Bonds may be redeemed in part. In the event of the redemption of the Bonds in part, upon surrender of the Bond to be redeemed, a new Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond surrendered shall be issued to the Registered Owner.] This bond is subject to defeasance prior to payment as provided in the Ordinance and the owner of this bond, by the acceptance hereof, hereby agrees to all the terms and provisions contained in the Ordinance. This bond is transferable or exchangeable only upon the books of the City kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the Registered Owner or his attorney duly authorized in writing, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. The City, any registrar and any paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest due hereon. B-3 The bonds maturing in any one year are issuable only in fully registered form in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of the bonds maturing in such year. (A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the bonds of this issue (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of this bond and all other bonds of this issue, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.) THIS BOND SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WI'T'HIN THE MEANING OF THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA, AND THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST THEREON EXCEPT FROM THE SPECIAL FUND, ENTITLED "SEWAGE WORKS SINKING FUND" AS DESCRIBED HEREIN, PROVIDED FROM THE NET REVENUES OF THE CITY'S SEWAGE WORKS UTILITY. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the preparation and complete execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. B-4 3 IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signatures of the Mayor and Controller, its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its City Cleric. CITY OF SOUTH BEND, INDIANA (SEAL OF CITY) By Mayor By Controller ATTEST: City Clerk CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. as Registrar By Authorized Representative B-5 �goUTH4t'P4 ►� Pr z a Y865 CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION& FINANCE GREGG D.ZIENTARA CONTROLLER August 17, 2011 Mr. Derek Dieter President, South Bend Common Council 4t1'Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Levying Taxes and Fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2012 and ending December 31, 2012. This tax rate will apply for property tax assessments in fiscal 2011 with tax payable in fiscal 2012. This bill is respectively submitted for 1st read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2 nd read and public hearing at the council meeting on September 26, 2011, with 3rd read and council vote at the council meeting on October 10, 2011. The bill attached submitted for 1$t read fling contains tax rates undefined. The tax rates will be defined prior to the advertising notice deadline of August 31, 2011. A substitute bill will be filed at that time for discussion with the Council during the Personnel and Finance Committee sessions, and public hearings. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respecti ly submitted, Gregg D. i ntara Filed In..:Clerk'r ffl`-7r, ' cc: Stephen J. Luecke, Mayor of the City of South Bend Aladean DeRose, Chief Assistant City Attorney John Voorde; Clerk of the City of South Bend Kathleen Cekanski-Farrand,Attorney for the Common Council JINN tfOGRpl L CITY OLM K.,SOUTH BEND,IN I County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 Phone: 574/235-9216 Fax. 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. . AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section i. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2011 to be collected in the year 2012 the following: For CORPORATION GENERAL FUND,the sum of$0.00000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND,the sum of$0.00000 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of$0.00000 on each one hundred dollars of Taxable Property. Total Civil City Rate$0.00000 For REDEVELOPMENT BOND(COLLEGE FOOTBALL HALL OF FAME), the sum of$0.00000 on each one hundred dollars of Taxable Property. Total Redevelopment Rage$0.00000 Section Il. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: end City Clerk couOd `j on VIS �$0U fe � 1kACL .1865 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION& FINANCE GREGG D.ZIENTARA CONTROLLER August 17, 2011 Mr. Derek Dieter President, South Bend Common Council 41h Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the fiscal year ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2012 and ending December 31, 2012. This bill is respectively submitted for 14 read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2 nd read and public hearing at the council meeting on September 26, 2011, with 3rd read and council vote at the council meeting on October 10, 2011. This bill will be presented to the Common Council by the Mayor, Controller, Departments Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Please note that as of the date of this filing, City Administration is in contact with the Office of the City Clerk to define and determine the appropriate schedule for the committee meeting sessions of the Personnel and Finance Committee to affect Council review of the 2012 budget of the City of South Bend. Respect ly submitted, Gregg D. entara Filed cc: Step'hen J. Luecke, Mayor of the City of South Bend .; Aladean DeRose, Chief Assistant City Attorney John Voorde, Clerk of the City of South Bend AN i Kathleen Cekanski-Farrand, Attorney for the Common Council Cl1V CIJOHN VOORDE SOUTH BEND,IN County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012,AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2012. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2012, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2012, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: (102) Rainy Day Fund (103) Excess Levy Fund (201) Park and Recreation Fund (202) Motor Vehicle Highway Fund (203) Park Recreation Non-Reverting Fund (209) Studebaker Oliver Reverting Grants (210) Economic Development Grant Fund (211) Community& Economic Development Operating Fund (212) Community and Economic Development Fund (216) Police State Seizures Fund (217 Gift, Donation, Bequest Fund (218 Police Curfew Violations Fund (220) Law Enforcement Continuing Education Fund (222) Central Services Fund (226) Liability Insurance & Premium Reserve Fund (227) Loss Recovery Fund (249) Public Safety Local Option Income Tax Fund (250) General Grant Fund (251) Local Roads and Streets Fund (252) Excess Welfare Distribution Fund (258) Human Rights-Federal Fund (271) East Race Waterway (273) Morris PAC/Palais Royale Marketing Fund (278) Police Take Home Car Liability Fund (280) Police Block Grant Fund (281) Economic Development Revenue Bonds Fund (288) E.M.S. Capital Improvement Fund (289) Hazmat Fund (291) Indiana River Rescue Fund (292) Police Grants Fund (294) Regional Police Academy Fund (295) COPS More Grant (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403) Zoo Endowment Fund (404) County Option Income Tax Fund (405) Park Department Non-Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (410) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CRED Fund (450 Palais Royale Historic Preservation Fund (655 Project ReLeaf Fund (677) Hall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K-9 Unit Fund (711) Self-Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION Ill. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun Attest: per @V1 y [ �� 3n6r _41 pp'df V.YSw it° f a ��p �1�.�a��fw ��tis.t��n mss{ City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the clay of , 2 , at o'clock M. Deputy City Clerk Approved and signed by me on the day of 2 at o'clock m. Mayor, City of South Bend, Indiana ' , 1 st READING PUBLIC HEART* f 3 rd READR G a n , NOT APPROVE) REFERRED Jf.NN. aa�3ORO A e CCM CITY�i!_I ii k cr j rt- molon ,u pUTgB�4, d Fr U W 2865 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION& FINANCE GREGG D.ZIENTARA CONTROLLER August 17, 2011 Mr. Derek Dieter President, South Bend Common Council 4'h Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 466601 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year commencing January 1, 2012 and ending December 31, 2012. This bill is respectively submitted for 14 read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2"d read and public hearing at the council meeting on September 26, 2011, with 3`d read and council vote at the council meeting on October 10, 2011. This bill will be presented to the Common Council by the Mayor, Controller, Departments Heads and other staff of City Administration as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Please note that as of the date of this filing, City Administration is in contact with the Office of the City Clerk to define and determine the appropriate schedule for the committee meeting sessions of the Personnel and Finance Committee to affect Council review of the 2012 budget of the City of South Bend. Respec+ ely submitted, Gregg ©. ientara — _ 5 fflCe cc: Stephen J. Luecke, Mayor of the City of South Bend "' "aA"c°° Aladean DeRose, Chief Assistant City Attorney John Voorde, Clerk of the City of South Bend AV 01 Kathleen Cekanski-Farrand,Attorney for the Common Council r 4O CLERK, V®0140 �?�°�'3+LERK,I ourrH ENti,tiN County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012 AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2012. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana,its various departments, funds,commissions and institutions for the fiscal year ending December 31,2012,the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section 11, and for the purposes hereinafter specified in Section It, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION 11. For the fiscal year ending December 31, 2012, the above appropriations are made within the following funds of the City: (600) Consolidated Building Fund (601) Parking Garage Fund (610) Solid Waste Fund (611) Solid Waste Depreciation Fund (620) Water Works General Operations Fund (622) Water Works Capital Fund (623) Water Works Bond Capital Fund (624) Water Works Customer Deposit Fund (625) Water Works Sinking Fund (626) Water Works Bond Reserve Fund (629) Water Works O&M Reserve Fund (640) Sewage Repair Fund/Insurance Fund (641) Sewage Works General Operations Fund (642 Sewage Works Capital Fund (643 Sewage Works O&M Reserve Fund (647) Sewer Bond 2007 Fund (649) Sewage Works Sinking Fund (650) Sewage Works Clay Operating Fund (651) Sewer Bond 2007E Fund (653) Sewage Works Debt Service Reserve Fund (658) Sewer Bond CSO Plan 2010 Fund (67 0) Century Center Operating Fund (671) Century Center Capital Fund (659) Sewage Works 2011 Bond Construction Fund (661) Sewage Works 2012 Bond Construction Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. O V. /x Member of the Common Counci Attest: 9*9 Of MIS bW Is only to pmV,�de an OPPmWy (Or Public heallng Ond City Clerk CDUftC Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock , m. Deputy City Clerk Approved and signed by me on the day of 2 at o'clock M. Mayor, City of South Bend, Indiana F'11 an derk`,� p t i st READING Q t AV Q 17 Z fl I f PUBLIC HEARING 3 rd READING HN VOORDE NOT AFFROYfD Dil y CLERK,SOUTH BEND,IN .. REFERRED. _.. PASSM /4 OTITg V "=k CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION air FINANCE GREGG D.ZIENTARA CONTROLLER August 17, 2011 Mr. Derek Dieter President, South Bend Common Council 4'" Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 re: Ordinance Fixing Maximum Salaries and Wages of Appointed Officials and Non-Bargaining Employees for the fiscal year commencing on January 1, 2012 and ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the maximum salaries and wages of appointed officials and non-bargaining employees for the fiscal year commencing on January 1, 2012 and ending December 31, 2012. This bill is respectively submitted dfor 1$' read filing with the Common Council for the council meeting scheduled for August 22, 2011, 2 read and public hearing, 3 read and council vote at the September 12, 2011 Common Council meeting. This bill will be presented to the Common Council by the Mayor and Controller as required at the appropriate sessions of the Personnel and Finance Committee and at the public hearing. Respecti el ubmitted, Gregg D.` n ra cc: Stephen J. Luecke, Mayor of the City of South Bend Aladean DeRose, Chief Assistant City Attorney �Office John Kathleen Ceka Clerk of the City of Common Filed in Clerk's Attorney Council AQ i .? 20I.l It JOHN 1100 E CCTyC CLERK,SOU NDT IN gym.,,. — _l County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 Bill No. ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2012 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City of South Bend for the calendar year 2012. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for approximately all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees, This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation (a) The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the,State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis. Amounts by alphabetical position are set forth as well as the annual salary for each position. Section I1. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference, (a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2012. The provisions of the City's Personnel Policies and Procedures Manual as it may be amended from time to time shall apply and are incorporated herein by reference. (b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time, incorporated herein by reference. (c) f=amily Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. (d) Insurance. (1) Comprehensive Maior Medical Insurance. The City shall maintain a comprehensive major medical insurance program that all non bargaining employees may participate in under the rules and guidelines of the plan document. All employees receive a copy of'a plan document each year. (2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. (3) Payment for Election to Leave Em to gr's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty($930) per month ($65 biweekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty($930)payment per month thereafter. (4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars ($95,000)for each employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. (5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty(60)day eligibility period; and that the long-term disability program requires a minimum of a ninety(90) day eligibility period which must be met. (e) Hiring Bonus. The Mayor, may, at his/her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100)to four thousand ($4,000). (f) Police Communication Em to ees. Employees working in the communications area of the Police Department will be paid stand-by beeper pay as follows: one hour of straight time pay will be paid to one employee to cover each shift each day for the one hour immediately preceding the shift change. (g) Allowances 1. Auto Allowance. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred ($500)dollars per month. 2. Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one-hundred ($100) per month. (h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1)year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. (i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time. (j) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty(40) hours per week, or a reduced full-time schedule of thirty-two (32)hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. (k) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule, not to exceed one thousand forty(1040) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits), they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorney's employed in the City Attorney's Office in part-time positions as well as all elected Council members. These positions are eligible for participation in all of the Employer's Benefit Programs. (1) Policies and Procedures. Two (2) copies of the City's Personnel Policies and Procedures Manual and the Family and Medical Leave Act Policy shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County- City Building, South Bend, Indiana. Section III. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Member of the Common Council ' Attest: S�Fft of phis r."3 i's only to pmvkld 0 City Clerk bZ41, I Cg 1 Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock M. Deputy City Clerk Approved and signed by me on the day of 2011, at o `clock m. Mayor, City of South Bend, Indiana Fl led In Clerk's-d-ffhce t READING -L.L—f IBLIC NEARING d READING JOHIN VOO APPROYFA )r. CITY CLERK,SOUTH BEND,1` " A ERRED ssm City of South Bend,Indiana Effective Date: 2012 Salary Ordinance Setting Maximum Salary January 1,2012 Jab 2011 2012 2012 2012 Code note 4k Jab Title Salary Salary Ei-Weekfy %increase Status note note 3 noted note2 Full-Time Positions NENB-B-3 Academic Coordinator-CB Center Full Time 31,337 NENB-B-3 Academic Coordinator-MLK Center 31,980 Full Time 35,623 36,348 1,230 2% NENB-C-2 Accounting Assistant 1,398 2%Full Time 37,976 38,740 1,490 2% NENB-C-1 Accounting Clerk 1V Full Time 29,574 30,586 1,161 2% NENB-A-S Accounts Payable Supervisor Full Time 42,058 43,550 1,675 4% NENB-O-4 Accounts Payable Technician Full Time 31,191 NENB-C-1 Administrative Assistant! 31,746 1,221 2/ Full Time 35,259 35,984 1,384 2% NB-B-1-1 Administrative Assistant!! Full Time 36,313 37,050 1,425 2% ENB-B-1 Animal Control Assistant Full Time 30,620 ENB-B-1 Animal Control Officer 31,486 1,202 2% Fu!!Time 30,845 31,4$6 1,211 2% ENB-B-1 Animal Control Officer Senior Full Time 34,084 ENS-A-3 Assistant Box Office Manager l Full Time 34,788 1,338 2% ENB-A-3 Assistant Box Office Manager 1! 30,120 30,732 1,162 2 9 Full Time 33,671 34346 1,321 2% ENB-8-1 Assistant City Attorney Full Time 67,143 ENB-A-3 Assistant City Engineer 68,510 2,635 2% ENB-A-3 Assistant Director Administrative Sery Full Time 68,563 73,060 2,810 7%Full Time 49,149 ENB-A-3 Assistant Director Communication Cntr Full Time 44,185 4 , 2% ENBA-3 Assistant Director of Distribution Full Time 45,655 455,566 1,054 1 791 734 2/ ENB-A-3 Assistant Director of Treatment Full Time 45,393 ENS-A-3 Assistant Director Administration&Marketing Full Time 46,306 1,781 2% ENB-A-3 Assistant Director Booking&Event Operation 45,276 46'202 1,777 2% EN8 A-3 Assistant Director CED Full Time 42,864 43,732 1,682 2% Full Time 55,624 ENB-A-3 Assistant Director Human Resources 56,758 2,183 2% Full Time 50,366 51,376 1,976 2% EN8 A-3 Assistant Director MPAC Financial Reporting Full Time 43,936 44,824 ENB-A-3 Assistant Director Recreation 1,724 2% Full Time 50,219 51,246 1,971 2% ENB-B-1 Assistant Facility Operations Manager Full Time 31,620 32,266 1 2q1 ENS-A-1 Assistant To The Mayor Full Time 64,136 2% ENB-8-5 AssistantZoningAdministrator 65,442 2,517 2°/u Fui!Time 51,293 52,336 2,013 2% ENS-A-5 Athletic Supervisor ENS-A-4 Box Off Full Time 39,541 40,362 1,552 2% Office Manager ENS-A-I Building Cammisloner Full Time 37,083 37,830 1,455 2% 279 ENB-5-3 Building Inspector V! Full Time 76, 77,818 2,993 2% ENS-B-3 Business License Administrator Full Time 42,345 43,212 1,662 2%Ful!Time new 35,070 ENB-B-3 CED Specialist It 1,195 ENB-8-3 CED Specialist III Full Time 36,305 37,050 1,425 2%EN8-B-3 CED Specialist Vi Full Time 38,451 39,234 1,509 2%ENB-8-3 CED Specialist Senior Fu!!Time 48,793 49,790 1,915 2% ENBA-5 Center Supervisor Full Time 52,736 53,794 2,069 2% ENB-B-] Chemist Full Time 39,541 40,352 1,552 2%ENB-B-1 Chemist Lead Full Time 43,975 44,876 1,726 2% Full Time new 47,736 1,636 ENB-B-1 ChiefDe Deputy C Officer Full Time 44,021 44,902 1,727 2% ENB-A-4 Chief Deputy City Clerk Full Time 44,996 45,916 1,766 2% NENB- 1 City lerk Secretary Full Time 44,423 45,318 1,743 NENB-C-1 City Clerk Secretary Fu!!Time 2% ENBA-1 City Controller 29,658 30,264 1,164 2% Full Time 84,228 85,930 3,305 2% ENB-A-] City Engineer Full Time 74,909 76,414 2,939 2% NB-B-1-] Clerk Pro Municipal off Full Time 25,984 26,520 1,020 2% ENB-B-1 Club Pro Municipal Golf Course Full Time 44,580 45,474 1,749 2% NENB-8-3 Collection Specialist ENB-B-3 Code inspector Full Time 36,285 37,024 1,424 2% 3&7 ENB-A-5 Communication i Supervisor Full Time 31,Full Time 40,303 41,132 1,582 2%32,006 1,231 2% ENB-A-5 Communication t!Supervisor Full Time 40,839 ENB-A-5 Communication Specialist! Full Time 29,131 30,868 1,188 6%41,678 1,603 2% NENB-8-3 Communication Specialist I! Full Time 32,676 34,528 1,328 5% NENB-B-3 Communication Specialist!11 Full Time 32,836 35,022 1,347 7% NENB-F-I Court Liaison Full Time 30,996 31,616 1,218 NENB-F-1 Crime Analyst Full Time 2% NENB-F-1 Crime Laboratory Supervisor 33,936 34,632 1,332 2% Full Time 50,938 51,974 1,999 2% NENBF-1 Crime Lab Lions Ma Examiner Full Time 51,714 52,754 2,029 2% ENB-A-4 CSO Operations Manager Fui!Time 53,778 54,8fi0 NENB-8-3 Customer Service Coordinator Full Time 37,789 38,558 1,483 2%2,110 2% ENB-A-4 Customer Service Manager Full Time 43,334 44,226 1,701 2% ENB-A-S Customer Service Supervisor Ful!Time 40,303 NENB-F-1 Data Entry/Alarms Coordinator 41,132 1,582 2% Full Time 28,234 28,808 1,108 2% NENB-F-1 Data Entry R Specialist Coordinator Full Time 31,694 32,652 1,252 2% ENB-A--1 Data Entry Specialist l! Full Time 27,707 28,262 1,087 2% ENB-A-S Data Processing supervisor Full Time 40,303 41,132 1,582 2% NENB2 Deputy City Departmental system Specialist Full Time 42,351 43,292 1,662 2% NENB-C-1 Deputy City Clerk N Full Time 38,543 ENB-B-3 Design/Plan Review Specialist 39,338 1,513 2% ENB-A-3 Director City Finance Full Time 54,080 55,172 2,122 2% Full Time 66,300 67,626 2,601 ENB-A-2 Director of Development 2% Full Time 55,322 ENB-A-2 Director of Distributions 56,446 2,171 2% Full Time 57,276 58,422 2,247 2% 2012 budget tAaft o11 xx-17 salaryordinenca nen Largainfngpo3ifion comp xis pge 104 City of South Bend,Indlana Effective Date: January 1,2012 2011 Salary Ordinance Setting Maximum Salary 2011 2012 2012 2012 Job Salary Salary 8i-Weekly increase Code note 1) Job Title Status note note 3 note 3) note2 Full-Time Positions ENB A-3 Director of Finance(Park Administration) Full Time 55,322 56,446 2,171 2% ENB-A-2 Director of Finance(Water Utility) Full Time 57,931 59,096 2,273 2% EN8-A-3 Director of Finance(Public Works) Full Time 63,240 64,505 2,481 2% ENB-A-2 Director of Financial Services Full Time 54,090 55,172 2,122 2916 ENB-A-2 Director of Marketing&Promotions Full Time 49,502 50,518 1,943 2°% ENB-A-4 Director Records Bureau Full Time 41,616 42,456 1,633 2% ENB-A-1 Director of Streets Full Time 68,193 69,576 2,676 2 EN8-A-2 Director of Treatment Full Time 53,881 54,964 2,114 20116 ENB-A-1 Director Parks&Recreation Full Time 74,047 75,530 2,905 2% ENB A-1 Director Public Works Full Time 81,135 82,756 3,183 2 ENB-A-2 Director Administrative Services Full Time 55,864 56,992 2,192 2% ENS-A-2 Director Administrative Services Parks Full Time 55,864 56,992 2,192 2% ENB-A-1 Director Central Services Full Time 67,011 68,354 2,629 2% ENB-A-1 Director Code Enforcement Full Time 67,867 69,238 2,663 2% ENB-A-2 Director Communication Cntr Full Time 54,334 55,432 2,132 2% ENB-A-2 Director Communications&Radio Full Time 51,310 52,338 2,013 2% ENB-A-2 Director Communications&Special Projects Full Time 67,181 58,344 2,244 2% ENB-A-1 Director Community Development Full Time 67,011 68,354 2,629 2% ENB A-1 Director CSO Project Management Full Time 71,292 72,722 2,797 2% ENS-A-1 Director Economic Development Full Time 67,011 68,354 2,629 2% ENS-A-2 Director Energy Conservation Full Time 68,016 69,394 2,669 2% ENB-A-2 Director Financial&Program Management Full Time 61,410 62,660 2,410 2% ENBA-2 Director Golf Operations Full Time 55,864 56,992 2,192 2% ENB-A-2 Director Human Resources Full Time 61,910 63,154 2,429 2% ENB-A-2 Director Human Rights Full Time 53,186 54,262 2,087 2% ENB-A-1 Director Information Technology Full Time 67,011 66,354 2,629 2% ENB-A-2 Director Recreation FuliTime 61,483 62,738 2413 2% ENB-A-2 Director Secretarial Services Full Time 47,136 48,100 1,850 2% ENB-A-2 Director WasteWater Full Time 66,065 67,392 2,592 2% ENB-A-2 Director WasteWater Maintenance Full Time 58,695 59,878 2,303 2% ENB-A-1 Director Water Works Full Time 67,011 68,354 2,629 2% ENB-A-2 Director Zoo Full Time 55,822 56,940 2,190 2% NENB-0-1 Distribution Records Drafter Full Time 36,780 37,518 1,443 2% ENB-A-1 Division Director of Environmental Services Full Time 70,227 71,656 2,756 2% ENE-B-2 Engineer Aide IV Full Time 36,780 37,518 1,443 2% ENB-8-2 Engineer 11 Full Time 64,377 65,676 2,526 2% ENB-B-2 Engineer Inspector Full Time 27,789 38,556 1,483 2% ENB-B-2 Event Service Technician i Full Time 24,449 24,960 960 2% ENB-8-2 Event Service Technician 11 Full Time 27,631 28,392 1,092 2% NENB-F-1 Evidence Technician Full Time 33,948 35,542 1,367 5% ENB-A-1 Executive Director CED Full Time 90,941 92,768 3,568 2% ENB-A-1 Executive Director Morris-PAC Full Time 73,772 75,270 2,895 2% ENB-A-4 Facility Operations Manager Full Time 44,755 45,656 1,756 2% NENB-F-1 Film Processor Full Time 32,896 33,566 1,291 2% NENB-B-3 Financial Specialist I Full Time 31,111 31,746 1,221 2% NENB-B-3 Financial Specialist I/ Full Time 33,934 34,632 1,332 2% NENB-B-3 Financial Specialist If/ Full Time 37,977 38,740 1,490 291a NENB-B-3 Financial Specialist 1V Full Time 40,258 41,080 1,580 2% NENB-B-3 Financial Specialist Senior Full Time 48,077 49,062 1,887 2% NENB-F-1 FingerPrintftoto Technician Full Time 32,896 33,565 1,291 2% ENB-A-5 Fitness Supervisor Full Time 39,541 40,352 1,552 2% ENB-A-5 Foreman IV Full Time 37,101 37,856 1,456 2% ENB-A-5 Foreman V Full Time 41,829 42,666 1,641 2% ENB-8-1 Forester Full Time 51,733 52,780 2,030 2% ENB-8-1 General Zoo Curator Full Time 46,079 47,008 1,808 2% ENB-A-4 GIS Manager Full Time 54,913 56,030 2,155 2% ENBA-4 Golf Course/Rink Manager Full Time 49,620 50,622 1,947 2% ENB-B-1 Greenkeeper Full Time 40,337 41,158 1,583 2% ENB-A-5 Healthy Seniors Supervisor Full Time 33,979 34,684 1,334 2% ENB-B-3 Housing Specialist Full Time 41,918 42,770 1,645 2% EIVB-13-3 Housing Specialist VI Full Time 44,509 45,422 1,747 2% ENS-S-3 Housing Specialist Senior Full Time 49,447 50,440 1,940 2% ENB-B-3 Human Resources Specialist iV Full Time 42,056 42,900 1,650 2% NENB-B-2 industrial Pretreatment Specialist 1 Full Time 46,818 47,762 1,837 2% ENB-B-3 Intake Officer/investigator Full Time 31,014 31,642 1,217 2% NCNB-C-2 Internal Auditor Full Time 53,581 54,678 2,t03 2% NENB-8-2 Inventory Control Technician It Full Time 32,653 33,332 1,282 2% ENS-B-3 Investigatorll Full Time 35,543 36,270 1,395 2% ENB-B-3 Investigator IiI Full Time new 38,584 1,484 ENB-B-3 Investigator IV Full Time 40,073 40,898 1,573 2% ENB-B-3 Investigator Full Time 42,053 42,900 1,650 2% NENB-B-2 Laboratory Technician Fuli Time 29,658 30,264 1,164 2% NENB-C-2 License Clerk Full Time 33,936 34,632 1,332 2% 2012 budge)Dreg sill x f I Salary GrOnance non bargaWng poadion comp,ala Peg.2 of 4 City of South Bend,Indiana r=ffective Date: January 1,2012 2012 Salary Ordinance Setting Maximum Salary 2011 2012 2012 2012 Job Salary Salary BI-Weekly %increase Code Mote 1 Job Title Status note note 3 (note 3 (note? Full-Time Positions NENB-8-2 Locator Fuli Time 37,469 38,220 1,470 2% ENB-A-S Maintenance Foreman 11 Full Time 33,536 34,216 1,316 2% EN8 A-4 Maintenance Manager Full Time 52,211 53,274 2,049 2% ENS-A-5 Maintenance Mechanic Supervisor Full Time 50,097 51,116 1,966 2% ENB-A-5 Maintenance Superintendent Full Time 55,864 56,992 2,192 2% ENB-A-4 Manager of Equipment Service Full Time 53,329 54,418 2,093 2% ENS-A-4 Manager of Sewer Operations Pull Time 57,083 60,008 2,308 5% ENB-A-4 Manager of Solid Waste Operations Full Time 54,854 55,952 2,152 2% ENB-A-4 Manager of Streets Full Time 54,854 55,952 2,152 2% ENS-A-4 Manager Environmental Compliance Full Time 56,985 59,566 2,291 5% ENB-A-4 Manager Parts Maintenance Full Time 38,515 39,286 1,511 2% ENB-B-i Marketing and Education Curator Full Time 37,805 38,584 1,484 2% ENB-B-1 Naturalist Full Time 32,252 32,916 1,266 2% ENB-B-2 Network Engineer Full Time 52,602 53,664 2,064 2% ENB A-4 Office Manager Full Time 32,424 33,098 1,273 2% ENS-A-4 Operations Manager Full Time 57,083 58,240 2,240 2% ENB-A-5 Operations Supervisor Full Time 52,211 53,274 2,049 2% NENB-C-2 Ordinance Violations Bureau Clerk Full Time 32,529 33,202 1,277 2% NENB-B-3 Paralegal Full Time 39,959 40,768 1,568 2% NENB-F-1 Park Police 11 Full Time 31,596 32,240 1,240 2% NENB-A-5 Payroll Supervisor Full Time 37,976 38,740 1,490 2% E1,18-A-4 Permits Manager Full Time 43,015 43,888 1,688 2% ENB-8-3 Planner VI Fulf rime 48,793 49,790 1,915 2% NENB-8-2 Preventative Maintenance Coordinator Full Time 36,665 37,414 1,439 2% ENE-A-4 Print Shop Manager Full Time 41,829 42,666 1,641 2% NENB-B-2 Print Shop Technician Full Time 34,340 35,048 1,348 2% ENB-A-5 Program Supervisor Full Time 39,541 40,352 1,552 2% ENB-B-2 Programmer Analyst/ Full Time 40,827 41,652 1,602 2% ENB-8-2 Programmer Analyst It Full Time 42,577 43,446 1,671 2% ENB-B-3 Project Analyst VI Full Time 41,257 42,094 1,619 2% ENB-B-3 Project Analyst Vlll Full Time 44,579 45,474 1,749 2/a ENB-B-3 Project inspector I Full Time 43,015 43,888 1,688 2% EN8-B-3 Project lnspector/I Full Time 45,819 46,748 1,798 2% ENS-A-4 Project Manager Full Time 47,289 48,256 1,856 2% NENB-F"-I Public Assistance Clerk it Full Time 27,083 27,638 1,063 2% ENB-A-4 Public Construction Manager Full Time 58,939 60,138 2,313 2% NENB-B-3 Public Relations Specialist Full Time 39,535 40,325 1,551 2% NENB-8-3 Public Works Safety Coordinator Full Time 44,038 44,928 1,728 2% ENB-A-4 Purchasing Manager Full Time 56,744 60,008 2,308 6% NENB-B-2 Quaiity Assurance Distribution Technician Full Time 37,101 37,856 1,456 2% NENB-B-2 Quality Assurance Treatment Technician Full Time 39,729 40,534 1,559 2% NENB-B-2 Radio Techician 111 Full Time 46,865 47,814 1,839 2% NENB-B-2 Radio Technician 1 Full Time 42,193 43,056 1,656 2% NENB-B-2 Radio Technician 11 Full Time 43,575 44,460 1,710 2% ENB-A-4 Residential Marketing Specialist Full Time 57,222 58,370 2,245 2% ENB-A-5 Rum Village Park Supervisor Full Time 36,622 37,362 1,437 2% ENB-A-4 Safety&Risk Manager Full Time 48,170 52,000 2,000 6% NENB•8-3 Sales/EventAssociate Full Time 33,747 34,424 1,324 2% ENB-B-3 SCDA instrument Specialist Full Time 49,611 50,622 1,947 2% NENB-C-1 Secretary!? Full Time 25,256 25,766 991 2% NENB-C-1 Secretary III Full Time 26,527 27,066 1,041 2% NENB-C-1 Secretary IV Full Time 28,151 28,730 1,105 2°% NENB-C-1 Secretary of the Board Full Time 39,729 40,534 1,559 2% NENB-C-1 Secretary V Full Time 29,659 30,264 1,164 2% ENB-B-3 Senior CAD Specialist Full Time 43,015 43,888 1,688 2% ENB-B-3 Senior GIS Specialist Full Time 44,464 45,370 1,745 2% NENB-F-1 Senior Property/Evidence Custodian Full Time 31,854 32,500 1,250 2% ENB-A-5 Signal Supervisor Full Time 49,611 50,622 1,947 2% NENB-B-3 Special Events Assistant Full Time 35,906 36,634 1,409 2% ENS-A-5 Special Events Supervisor Full rime 38,562 39,338 1,513 2% NENB-B-3 Stock Room&Safety Coordinator Fiji/Time 44,037 44,928 1,728 2% ENS-A-5 Superintendent 11 Full Time 44,211 45,110 1,735 2% ENB-A-5 Superintendent/if Full Time 45,651 46,566 1,791 2% ENB-A-5 Superintendent V Full Time 50,097 51,116 1,966 2% ENB-B-2 System Specialist 11 Full Time 48,086 49,530 1,905 3% ENB-B-2 system Specialist 111 Full Time 51,149 53,716 2,066 5% ENB-B-2 System Specialist 1V Full Time 56,134 60,008 2,308 7% ENB-A-4 Technical Stage Manager Full Time 36,435 37,180 1,430 2% ENS-A-4 Traffic&Lighting Manager Full Time 54,854 55,952 2,152 2% ENB-B-2 Utilities System Specialist Full Time 49,042 50,024 1,924 2% NENB-B-3 Violence Prevention Coordinator I Full Time 31,337 31,980 1,230 2% NEN8-B-3 Violence Prevention Coordinator 1i Full Time 35,096 35,802 1,377 2% NENB-B-2 Water Treatment OperatorPF Full Time 40,303 41,132 1,582 2% 2012 budge!D aR 810-11 Salary Ordinance non bargaW g posltlon camp.xls Page 3nr4 City of South Bend,Indiana Effective Date: January 1,2012 2012 Salary Ordinance Setting Maximum Salary Job 2011 2012 2012 2012 Code note 1 Salary Salary Bi-Weekly %Y.Increase Job Title Status note note 3 note 3 Motet FulkTime Positrons NENB-B-3 Water Works Special Projects Coordinator! Full Time 39,729 40,534 2� NEN8-B-3 Wafer Works Special Projects Coordinator 11 1,559 1 Full Time 43,334 44,226 1,701 2% NENB-2 Water Quality Specialist Full Time 50,982 52,026 2% NENB-B-3 Youth Sports Coordinator 2,001 ENe A-5 Youth Supervisor Full Time 31,337 31,980 1,230 2% Full Time 39,541 40,352 1,552 2% N ENS-B-1 Zoning Specialist Full Time 37,774 38,532 ENB-B-1 Zoo Veterinarian 1,482 a Full Time 54,470 55,562 2,137 2% Part-Time Positions Receiving Benefits NENB-0-4 CED Project Coordinator Part Time 35,739 36,478 1,483 2� ENB-D-1 Chief City Assistant Attorney Part Time 41,285 42,146 1,40 ENB-D-1 CltyAttorney a ENB-D-1 Deputy City Attorney III Part Time 55,522 56,654 2,179 2%Part Time 35,460 36,192 ENB-D-I Deputy City Attorney IV 1392 2% Part Time 45,492 46,410 1,765 2 a Hourly Non Bargaining Maximum hourly rate Hourly Hourly 26.40 26 92 JBIMEW 2% Other Compensation Water Utility Off duty water technicians monitoring water operations off site Hourly 0.30 0.30 INEMIM 0% Note{s) 1 Jab Codes maintained by Human Resource Department 2 Bi-weekly pay based on 26 pay periods 3 Maximum salary-pay may be less than maximum 4 5 6 7 8 Salary Rate Increase 2.0% 2012 budget Dreg aill xwH Salary Ordr'nance Mn bargaining position ccrn,Xjs P®ge 4 014 B JOHN W. YORNI EXECUTIVE DIRECTOR w LARRY MAGLICOZZI PC DEPUTYDIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227W.JEFFERSON BLVD_ ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 4660E (574)235-9571 August 17,2011 The Honorable Council of the City of South Bend ` 4th Floor, County-City Building South Bend, 1N 46601 RE: A proposed ordinance of Earth Designs Real Estate, LLC to zone from CB Community Business to PUD Planned Unit Development, property located in the 3500 block of E. McKinley Avenue and the 600 block of Hickory Road, City of South Bend-APC# 2597- 11 Dear Council Members: 1 hereby Certify that the above referenced ordinance of Earth Designs Real Estate, LLC was legally advertised on Thursday, August 4, 2011 and that the Area Plan Commission at its public hearing on Tuesday, August 16, 2011 took the following action: Upon a motion by Richard Warner, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of Earth Designs Real Estate, LLC to zone from CB Community Business to PUD Planned Unit Development, property located in the 3500 block of E. McKinley Avenue and the 600 block of Hickory Road,City of South Bend is sent to the Common Council with an unfavorable recommendation. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the County Council's first reading. The amended Ordinance was legally advertised and heard.by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes ofthe public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, w. W. Byornl JWB;jsc Attachment CC: Earth Designs Real Estate, LLC Frank A. Perri SERVING:ST JOSEPH COUNTY SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY.OSCEOLA 9. ROSELAND www.st10$ePhccurityindlana.com/Areaplan Staff Report APC# 2597-11 Owner: Earth Designs Real Estate, LLC Location: the 3500 block of E. McKinley Avenue and the 600 block of Hickory Road. Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to PUD Planned Unit Development District to allow commercial, single family, multi-family and self storage. Land Uses and Zoning: On site: Both parcels currently are undeveloped. The McKinley Avenue site has an access drive to the former Steve&Barry's building. North: To the north of both parcels are single family homes zoned SFI Single Family and Two Family District. East: To the east of the McKinley parcel are two single family homes, a cell phone tower site, a dentist office, the Elks Club, and the vacant Steve & Barry's store zoned CB Community Business District. To the east of the Hickory parcel is the Town&Country shopping center in Mishawaka. South: To the south of the McKinley parcel are single family homes zoned SFI Single .Family and Two Family District. To the south of the Hickory parcel is the site of a proposed Dollar General, and two multi-tenant retail centers zoned CB Community Business. West: To the west of the McKinley parcel are single family homes zoned SFI Single Family and Two Family District. To the west of the Hickory parcel is the vacant Steve&Barry's store parking lot zoned CB Community Business District. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site,plan description: The McKinley parcel is t 5.6 acres. The Hickory parcel is .75 acres. The developer proposes three phases. Phase 1,the northern 364' of the McKinley parcel, is proposed for self storage units in addition to uses allowed in the Phases 2 & 3. The buffering of Phase I from the adjacent residential includes a 6' high solid wood privacy fence and 14 evergreen trees. There is also a landscaping area to the south of Phase 1. Phase 2, the remainder of the McKinley parcel, proposes uses allowed in the CB, SFI, SF2, MF I and M92 districts. The residential districts have been defined with a maximum number of units per acre. Single family would be developed at between S and 10 units per acre and multifamily would have a maximum of 30 units per acre. Phase 3,the entire Hickory parcel,proposes uses allowed in the CB, MF I and M92 districts. There will be one sign on McKinley and one sign on Hickory according to the standards for integrated centers - freestanding identification signs. The percentage of open space is 15%. All other standards shall comply with the current South Bend Zoning Ordinance. Earth Designs Real Estate, LLC #2597-11 Page 1 of 3 Zoning and land use history& trends: Prior to the adoption of the latest zoning ordinance in 2004, the site was zoned B Multifamily and C Commercial. In 2008, the McKinley parcel was petitioned to be rezoned to MF2 for multifamily dwellings. The Area Plan Commission sent the petition to the Common Council with an unfavorable recommendation. The petition was tabled indefinitely before the Common Council. Traffic and transportation considerations: Both McKinley Avenue and Hickory Road have four lanes. Access will be from existing curb cuts along McKinley Avenue and Hickory Road. A new curb cut is proposed on McKinley Avenue,subject to approval by the City Engineer. Additional information: In 2007, there was a "declaration of reciprocal easements" recorded as the result of the McKinley Hickory.Minor Subdivision. These easements are for access, parking and utilities. 5 Criteria(per IC 36-7-4-603): 1. Comprehensive Plan: Policy flan: City Plan, South Bend Comprehensive„Plan November 2006 LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The Future Land Use Map identifies this area as Medium Density residential. 2. Current conditions and character: The site is currently vacant land. The character of the area is a mixture of commercial and residential uses. 3. Most desirable use: The most desirable uses for this property are ones that compliment the high density and commercial uses adjacent to this site. 4. Conservation of property values: The commercial property values to the east should not be affected by the rezoning. The surrounding residential property values may be affected by the rezoning. 5. Responsible development and growth: It is responsible development and growth to accommodate appropriate and compatible responsible infill development on an underutilized property. Earth Designs Real Estate, LLC #2597-11 Page 2of3 r Recommendation: Based on information available prior to the public hearing the staff recommend this petition be sent to the Common Council with a favorable recommendation subject to a final site plan showing the following: 1) The addition of 7 evergreens for a total of 21, along the north and west property lines of Phase 1,meeting the requirements of Table 21-07:01-B: Minimum Size at Time of Planting, 2) The landscaping area on the south line of Phase 1 needs to conform to the South Bend Zoning Ordinance based on the type of uses ultimately developed in Phase 2, 3) The height of the multifamily buildings be limited to 40'or 3 stories,and 4) If Phase 2 develops as multifamily, landscaping along the west property line, must at a minimum, meet the Type A: Open requirements as defined in the South Bend Zoning Ordinance, with the possible addition of evergreens trees. Analysis: This PUD allows the property to be developed with multiple options. If the property develops at a higher residential density, it would serve as a buffer between the commercial development to the east and the residential area to the west. Additional landscaping on the west,and reducing the height of the buildings, will further buffer the adjacent single family, if the property develops commercially,.the resulting development would be the same as if it were developed under the present zoning. Additional landscaping on the north and west of Phase I will further buffer the self storage units from the adjacent single family homes. The Staff would not normally support a PUD with such a wide range of uses on a relatively small parcel. However the Staff recognizes the difficulty of developing an infill property such as this one. The development must still be sensitive to the existing residential neighborhood to the west and across McKinley to the south, hence the additional recommendations relative to the screening, landscaping and height restrictions. Earth Designs Real Estate, LLC #2597-11 Page 3 of 3 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3500 BLOCK OF EAST MCKINLEY"ENUE AND 600 BLOCK OF HICKORY ROAD, COUNCILMANIC DISTRICT FOUR, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE LAND 1S VACANT AND CURRENTLY ZONED CB — COMMUNITY BUSINESS AND IS BEING CHANGED TO PUD — PLANNED UNIT DEVELOPMENT. THIS WILL ALLOW THE SITE TO BE DEVELOPED INTO A VARIETY OF USES TO INCLUDE THE CURRENT COMMERCIAL DEVELOPMENT AND ADDING SINGLE FAMILY, MULTI-FAMILY AND SELF STORAGE. THE PURPOSE OF THE NEW ZONING IS TO ALLOW THE LAND TO BE DEVELOPED IN A MANNER THAT IS MARKET DRIVEN AND FLEXIBLE IN ORDER TO ALLOW SUCCESSFUL DEVELOPMENT. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bead, St. Joseph County, State of Indiana: Lots 1 & 3 of the McKinley- Hickory Minor Subdivison be and the same is hereby established as PUD — Planned Unit Development, SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _ day of , 2 , at.o'clock M. City Clerk Approved and signed by me on the day of 2 , at- o'clock M. Mayor, City of South Bend, Indiana JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZ1 DEPUTY DIRECTOR 4APR.EAA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND,INDIANA 46601 (S74) 23S-9571 August 17, 2011 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend,IN 46601 RE: A proposed ordinance of The Salvation Army, Sherry John and Janette Miller to zone from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District,property located at on the north side of Western Avenue between Pine Street and Laurel Street,City of South Bend-APC#2603-11 Dear Council Members: I hereby Certify that the above referenced ordinance of The Salvation Army, Sherry John and Janette Miller was legally advertised on Thursday,August 4,2011 and that the Area Plan Commission at its public hearing on Tuesday,August 16,2011 took the following action: Upon a motion by John DeLee, being seconded by Gary Gilot and unanimously carried, with Gerry Phipps abstaining,the proposed ordinance of The Salvation Army, Sherry John and Janette Miller to zone from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District, property located at on the north side of Western Avenue between Pine Street and Laurel Street,City of South Bend is sent to the Common Council with a favorable recommendation. The parking lot will support the community center, which has the potential to increase the attraction of the area as a destination. The relocated billboard will be further away from Laurel Street,have less of an impact to the neighborhood,and allow for a better usage of the parking lot. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a Eater date to be made a part of this report. Sincerely, O V I�. n W. $Yom] Y JWB:jsc Attachment CC: The Salvation Army The Troyer Group, Inc. Sherry John Janette Miller SERVING:ST.)C?SEP'H COUNTY,SOUTH BEND,LAKEVILLE,NEW CARLISLE,NORTH LIBERTY,OSCEOLA&ROSELAND vvww.stjosephcountyindiana,comfAreapian Staff Renort APC# 2603-11 Owner: The Salvation Army Location: On the north side of Western Avenue between Pine Street and Laurel Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District and PUD Planned Unit Development District to PUD Planned Unit Development District to allow an off-site parking lot for the Ray and Joan Kroc Corps Community Center and for one off-premise advertising sign structure with two sign faces. Land Uses and Zoning: On site: On site is an existing off-premise advertising sign (billboard) at the southwest corner of the lot. The remainder is vacant land in the process of being cleared. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a vacant lot zoned CB Community Business District. South: To the south is the Kroc Center zoned PUD Planned Unit Development. West: To the west across Laurel is the Elks Lodge zoned MU Mixed Use District. District yeses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan. Site plan description: The site is just over an acre and will consist of 87 parking spaces and a relocated and updated off premise advertising sign (billboard). The sign will not have more than 300 square feet of face area and will not be more than 30 feet in height. Perimeter yard landscaping and interior off street parking area landscaping(landscape islands)requirements are consistent with City of South Bend Zoning Ordinance, Section 21-07.01. The paved area will be 70%. The open space/landscaping will be 30%. There are no buildings. Zoning and land use history& trends: The eastern 182 feet was zoned PUD as part of the Kroc Center project. It received Final Site Plan approval on June 30, 2011. The expansion of the legal description and the addition of the off-premise sign as a use,required a new rezoning and site plan. Traffic and transportation considerations: Western has four lanes. Laurel has two lanes. Pine Street is an improved alley. Access to the parking area will be from both Laurel and Pine Streets. At the July 25, 2011, Common Council meeting, funds were approved to install a traffic signal at the intersection of Western and Laurel. Utilities: Sewer and water connections will not be required for this site. The Salvation Army #2603-11 Page 1 of 2 Additional information: The off-premise advertising sign currently on one of the lots, is anon-conforming use. The new sign retains the"V"-shaped configuration, but on a modern support structure. 5 Criteria(per IC 36-7-4-603): I. Comprehensive Plan: Policy Plan: Ci Plan South Bend Com rehensive.Plan November 2006 LU 5: Coordinate land use and transportation planning. UD 1.5: Require aesthetically pleasing parking facilities. Land Use Plan: The future land use map shows this area as mixed use. Plan Implementation/Other Plans: A Vision Plan for the Commercial Corridor of The Western Avenue of South Bend Indi M&Feb 2003 The Community Feedback Report noted that organized activities/sports for young people would add quality of life to Western Avenue. This parking lot would allow more people to take advantage of the activities being offered at the Kroc Center. 2. Current Conditions and character: This area has residential in the single family neighborhood to the north, plus the multi-family developments south of Western. Also in the neighborhood is a retail center, a church and the Ray and Joan Kroc Corps Community Center, currently under construction. 3. Most desirable use: The most desirable use involves developing land which has been vacant for some time, and at the same time, supporting the new community center. 4. Conservation of property values: It is the staffs opinion that, with the prescribed landscaping, nearby property values should not be adversely affected, 5. Responsible development and growth: The development of the parking lot will support the community center. Recommendation: Based on information available prior to the public Bearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation, Analysis: The parking lot will support the community center, which has the potential to increase the attraction of the area as a destination. The relocated billboard will be further away from Laurel Street, have less of an impact to the neighborhood, and allow for a better usage of the parking lot. The Salvation Army #2603-11 Page 2 of 2 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY BOUNDED BY Pine Street, Western Avenue, Laurel Street, and the first alley north of'Western Avenue, Councilmanic District 2,IN THE CITY OF SOUTH BEND, INDIAN. STATEMENT OF PURPOSE AND INTENT The intent is to rezone the proposed land from Mixed Use and Planned Unit Development to a Planned Unit Development for vehicle parking for operation of a community center and assembly space for religious use and for one off-premises advertising sign structure with two faces. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South'Bend, Indiana as follows: SECTION 1. Ordinance No.: 9495-04 is amended, which ordinance is commonly knows as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lots 9 through 12, inclusive, ofRuckman's Subdivison of Bank Outlet 75. be and the same is hereby established as a Planned Unit Development District. SECTION II., This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: Member of the Common Council City Clerk Presented by me to the Ma Mayor of the City of South Bend, Indiana on the-__ da y of 2011, at ock m. ' City Clerk Approved and signed by me on the day of 2011 t-.-_. . � o'clock m. Red FADING HEARNO Mayor of the City of South Ben ,In an Q ;'.�DI�1G �;)?(tOVEa s tj FWED JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSO►V BLVD. ROOM 1 140 COUNTY-CITY BLDG_ SOUTH BEND,INDIANA 46601 (574)235-9571 August 17,2011 The Honorable Council of the City of South Bend 4th Floor, County-City Building L South Bend, IN 46601 RE: A proposed Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South Bend Municipal Code, Article 1 Basic Provisions, Section 21-01-03 Non- Conforming Lots, Uses, Buildings, Structures or Signs; and Article 4 Industrial Districts, Section 21-04.11 General Regulations for Industrial Districts, City of South Bend. -APC# 2601-11 Dear Council Members: I hereby Certify that the above referenced ordinance of was legally advertised on Thursday, August 4, 2011 and that the Area Plan Commission at its public hearing on Tuesday, August 16, 2011 took the following action: Upon a motion by Robert Hawley, being seconded by Phil Sutton and unanimously carried, the proposed Ordinance initiated by the Area Plan Commission, amending Chapter 21 of the South .Bend Municipal Code, Article 1 Basic Provisions, Section 21-01-03 Non-Conforming Lots, Uses, Buildings, Structures or Signs; and Article 4 Industrial Districts, Section 21-04.11 General Regulations for Industrial Districts, City of South Bend, is sent to the Common Council with a favorable recommendation. These amendments will correct prior scrivener's errors in Ordinance 10094-11, and allow for residential accessory structures located in Industrial zoned districts. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ohn W. Byarni JWB jsc Attachment SERVING:ST.JOSEPH COUNTY.SOUTH BEND.LAKEVILLE,NEW CARLISLE.NORTH LIBERTY,OSCEOLA&ROSELAND www.stjas epheau ntyindia nn,corm/Areap Ian Staff A.PC# 2601-11 Owner: APC Initiated Location: Text Amendment Jurisdiction: City of South Bend Requested Action: The requested action is a text change, amending Chapter 21 of the South Bend Municipal Code, Article I Basic Provisions, Section 21-01-03 Non-Conforming Lots, Uses, Buildings, Structures or Signs;and Article 4 Industrial Districts, Section 21-04.11 General Regulations for Industrial Districts,City of South Bend. Additional information: Section I of the proposed ordinance will correct scrivener's errors within Ordinance#10094-11, in Section 21-01.03, sub-sections(f), (i), and(k). Section II replaces sub-section (g)within Section 21-01.03, which was inadvertently removed in Ordinance#10094-11. Section III inserts a revised sub-section(h), as originally intended in Ordinance#10094-11, Section IV adds a new sub-section allowing accessory structures for legally established nonconforming single-family homes in Industrial Districts, A similar provision already exists in the Commercial Districts. Recommendation: Based on information available prior to the public hearing, the staff recommends that the amendments to the City of South Bend Zoning Ordinance be forwarded to the City of South Bend Common Council with a favorable recommendation. Analysis: These amendments will correct prior scrivener's errors in Ordinance 10094-11, and allow for residential accessory structures located in Industrial zoned districts. #2601-11 Page 1 of 1