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1400 COUNTY-CITY BUIIDING <br />SOUTH BEND,INDIANA 4G6O1-1830 <br />CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR <br />DEPARTMENT OF LAW <br />PHONE 5741235-9241 <br />Fnx 574/235-9892 <br />TDD 574/ 235-5567 <br />CHARLES $. LEONE ALADEAN M. DERosE <br />CITY ATTOR'EY CHIEF ASSISTANT CITY ATTORNEY <br />May 10, 2004 <br />Ms. Karen White, President <br />South Bend Common Council <br />4`'' Floor County-City Building <br />South Bend, IN 46601 <br />Re: Substitute Bill No. 26-04 <br />Dear Ms. White: <br />Attached is a substitute Bill No. 26-04 regarding establishment of a new South Bend Rainy <br />Day Fund. <br />'L~. <br />The substitute version of Bill No. 26-04 addresses the concerns of the Common Council as <br />expressed at a past Personnel and Finance Committee meeting, and it combines some of the language <br />of original Bill 26-04 with helpful additions from Council's attorney, Ms Kathleen Cekanski- <br />Farrand. <br />A summary of changes contained in substitute Bill 26-04 is as follows: <br />(1) The ordinance title has been changed to reflect that the creation of this fund is part <br />of and is an amendment to the South Bend Municipal Code. <br />(2) Because the enabling statute, Indiana Code § 36-1-8-5.1 has two versions (highly <br />unusual), the Statement of Purpose and Intent of the Substitute Bill confirms that the <br />City of South Bend has selected the version of I.C. 36-1-8.5-1 that was amended by <br />Public Law 267-2003 (also known as version "b"). This version seems to grant <br />broader authority to a political subdivision in the use of the fund, and it is the same <br />version cited by the County in its Rainy Day Fund ordinance. <br />(3) The purpose language has been clarified, yet retains the same general grant of <br />authority to use the fund for any other purposes consistent with law. <br />(4) A subpart has been added to mirror the restriction set forth inI.C. 36-1-8-5.1(version <br />"b") regarding a 10% budget limitation on transfers to a rainy day fund. <br />THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH <br />JEFFREY M. JANKOWSKI JOHN R. LMNGSTON ROBERT C. ROSENFELD JOHN E. BRODEN <br />