HomeMy WebLinkAbout01-22-2018 Agenda Packet
1
SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, January 22, 2018
7:00 P.M.
1. INVOCATION-JOHN P. WARREN- CHAIRMAN OF THE POKAGON BAND OF THE
POTAWATOMI
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES- SUZANNA FRITZBERG, DEPUTY CHIEF OF STAFF
7. COMMITTEE OF THE WHOLE TIME: ______
BILL NO.
89-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE
SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED
USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT
STANDARDS.
01-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2
(ADMINISTRATION) AND CHAPTER 6 (BUILDING) OF THE SOUTH
BEND MUNICIPAL CODE, BY REMOVING ZONING ADMINISTRATION
AND AREA BOARD OF ZONING APPEALS FROM THE
RESPONSIBILITIES OF THE BUILDING DEPARTMENT AND REMOVING
ASSOCIATED FEES.
02-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE
OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING
FUNDS TO PAY FOR CERTAIN CAPITAL PROJECTS AND INCIDENTAL
EXPENSES IN CONNECTION THEREWITH AND ON ACCOUNT OF THE
ISSUANCE OF THE BONDS, AND ALL MATTERS RELATED THERETO
2
03-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE
PROCEEDS OF THE CITY OF SOUTH BEND GENERAL OBLIGATION
BONDS, SERIES 2018.
8. BILLS ON THIRD READING TIME:______
BILL NO.
89-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE
SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED
USE DISTRICTS TO REVISE PERMITTED USES AND DEVELOPMENT
STANDARDS.
01-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 2
(ADMINISTRATION) AND CHAPTER 6 (BUILDING) OF THE SOUTH
BEND MUNICIPAL CODE, BY REMOVING ZONING ADMINISTRATION
AND AREA BOARD OF ZONING APPEALS FROM THE
RESPONSIBILITIES OF THE BUILDING DEPARTMENT AND REMOVING
ASSOCIATED FEES.
02-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE
OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING
FUNDS TO PAY FOR CERTAIN CAPITAL PROJECTS AND INCIDENTAL
EXPENSES IN CONNECTION THEREWITH AND ON ACCOUNT OF THE
ISSUANCE OF THE BONDS, AND ALL MATTERS RELATED THERETO
03-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE
PROCEEDS OF THE CITY OF SOUTH BEND GENERAL OBLIGATION
BONDS, SERIES 2018.
9. RESOLUTIONS
BILL NO.
18-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, RESCINDING RESOLUTION NO. 4663-17 AND
APPROVING A MEMORANDUM OF AGREEMENT BETWEEN THE CITY
3
OF INDIANAPOLIS, INDIANA, ACTING THROUGH THE INDIANAPOLIS
FIRE DEPARTMENT, AND THE CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK FORCE ONE
10. BILLS ON FIRST READING
BILL NO.
06-18 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING
DESCRIBED PROPERTIES: STREET VACATION – WESTERN AVENUE
FROM FRANCES STREET EAST 241 FEET +/- TO PARRY STREET, THE
FIRST NORTH/SOUTH ALLEY EAST OF FRANCES STREET, BETWEEN
WESTERN AVENUE ON THE NORTH TO THE FIRST EAST/WEST ALLEY
SOUTH OF WESTERN AVENUE, SOUTH BEND, INDIANA
11. UNFINISHED BUSINESS
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.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the
Council’s website, and also in paper f ormat in the Office of the City Clerk, 4th
Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however,
t he official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law
or equity by a party against the Common Council or the City of South Bend, Indiana.
__________________________________________________________________________________________________________________
____
OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
Phone 574-235-9221 • Fax 574-235-9173 • TDD 574-235-5567 • www.SouthBendIN.gov
BIANCA L. TIRADO
DEPUTY CLERK
DIRECTOR OF POLICY
JENNIFER M. COFFMAN
CHIEF DEPUTY
DIRECTOR OF OPERATIONS
JOSEPH R. MOLNAR
ORDINANCE VIOLATIONS
BUREAU CLERK
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: JANUARY 18, 2018
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for MONDAY,
JANUARY 22, 2018:
Council Informal Meeting Room
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
3:30 P.M. BOARD OF FINANCE MEETING TBA
1. Annual Board of Finance Meeting where the South Bend Common Council convenes as a
local Board of Finance to elect its officers
3:50 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON
1. Bill No. 02-18- Authorizing The Issuance of General Obligation Bonds
2. Bill No. 03-18- Appropriating of Bonds, Series 2018
4:00 P.M. HEALTH & PUBLIC SAFETY JO M. BRODEN, CHAIRPERSON
1. Bill No. 18-02- Rescinding Resolution No. 4663-17: Indiana Task Force One MOA Approval
4:10 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON
1. Bill No. 89-17- Mixed Use District Zoning Text Amendments
2. Bill No. 01-18- Transfer of Zoning Related Responsibilities
Council President Tim Scott has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Zoning and Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor Pete Buttigieg
Committee Meeting List
News Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS
Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Gavin Ferlic, Chairperson Oliver J. Davis, Member
Regina Williams-Preston, Vice-Chairperson Randy Kelly, Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Regina Williams-Preston, Chairperson Gavin Ferlic, Member
Randy Kelly, Vice-Chairperson Karen L. White, Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Dr. David Varner, Chairperson Gavin Ferlic, Member
Tim Scott, Member Karen L. White, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Jo M. Broden, Chairperson Oliver J. Davis, Member
John Voorde, Vice-Chairperson Karen L. White, Member
INFORMATION AND TECHNOLOGY COMMITTEE- Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Tim Scott, Chairperson Dr. David Varner, Member
Gavin Ferlic, Vice-Chairperson Randy Kelly, Member
PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Randy Kelly, Chairperson Oliver J. Davis, Member
Dr. David Varner, Vice-Chairperson John Voorde, Member
2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-3-18)
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Karen L. White, Chairperson Regina Williams-Preston, Member
Gavin Ferlic, Vice-Chairperson John Voorde, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
John Voorde, Chairperson Jo M. Broden, Member
Randy Kelly, Vice-Chairperson Gavin Ferlic, Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Regina Williams-Preston, Member
Jo M. Broden, Vice-Chairperson John Voorde, Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers and all related matters.
Dr. David Varner, Chairperson Randy Kelly, Member
Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Oliver J. Davis, Chairperson Gavin Ferlic, Member
John Voorde, Vice-Chairperson Jo M. Broden, Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council
Tim Scott
Dr. David Varner
2018 COMMON COUNCIL STANDING COMMITTEES (Rev.01-3-18)
TIM SCOTT, 1ST District Council Member
President
Information and Technology, Chairperson Council Rules Committee, Member
Sub-Committee on Minutes, Member
REGINA WILLIAMS-PRESTON 2nd District Council Member
Community Relations Committee, Chairperson Residential Neighborhood Committee, Member
Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member
Utilities Committee, Member
RANDY KELLY, 3rd District Council Member
PARC Committee, Chairperson Community Investment Committee, Member
Community Relations Committee, Vice Chairperson Information & Technology Committee, Member
Public Works & Property Vacation, Vice Chair Utilities Committee, Member
JO M. BRODEN, 4TH District Council Member
Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member
Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member
DR. DAVID VARNER, 5TH District Council Member
Utilities Committee, Chairperson Information & Technology Committee, Member
Council Rules Committee, Chairperson Sub-Committee on Minutes, Member
PARC Committee, Vice-Chairperson
OLIVER J. DAVIS, 6TH District Council Member
Vice President
Zoning & Annexation Committee, Chairperson Community Investment Committee, Member
Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member
PARC Committee, Member
GAVIN FERLIC, AT LARGE Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Community Relations Committee, Member
Information & Technology Committee, Vice-Chairperson Public Works & Property Vacation, Member
Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member
Council Rules Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhood Committee, Chairperson Community Relations Committee, Member
Personnel & Finance Committee, Chairperson Council Rules Committee, Member
Health & Public Safety Committee, Member
JOHN VOORDE, AT LARGE Council Member
Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member
Health and Public Safety, Vice-Chairperson PARC Committee, Member
Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member
Filed in Clerk's Office
City of South
Bend R DEC 0 5 2011
KAREEMAH FOWLER
Common Council
CITY CLER SOUTH BEND,IN
441 County-City Building • 227 W.Jefferson Blvd
South Bend,Indiana 46601-1830 Fax (574) 235-9173
TDD: (574)235-5567
Tim Scott http://www.southbendin.gov
President
Oliver Davis
Vice-President
November 30, 2017
Gavin Ferlic
Chairperson,Committee South Bend Common Council
o f the Whole
4 Floor, County-City Building
South Bend, IN 46601
Tim Scott
First District
Re: Proposed Mixed Use District Zoning Text Amendments
Regina Williams PrestonDear Council Members:
Second District
I am filing the attached proposed ordinance with the Office ofthe City Clerk.
Randy Kelly The ordinance proposes text amendments to the Zoning Chapter 21 of the South
Third District
Bend Municipal Code to revise permitted uses and development standards for the
MU Mixed Use District. These changes will better support reinvestment in our
Jo M. Broden mixed-use neighborhood centers and traditional pedestrian-oriented design.
Fourth District
These zoning concepts were discussed at the
Zoning&Annexation Committee
David Varner meetings held on August 28, September 25,November 13, and November 27.
Fifth District For procedural purposes, which is required by our Municipal Code and Indiana
Code §
36-7-4-607,these proposed zoning text amendments are being initiated
Oliver Davis by the Common Council.
Sixth District
The proposed ordinances would have first reading by the Common Council on
Gavin Ferlic December 11. Thank you for your consideration.
At Large
John Voorde
Sincerely,
At Large
Karen White
y
At Large
o M. Broden John Voorde
South Bend Common Council South Bend Common Council
Council Member, 4th District Council Member At Large
Attachment
cc:
Larry Magliozzi, Executive Director,Area Plan Commission
Angela Smith, Deputy Director, Area Plan Commission
Michael Divita, Planner, South BendCommunity Investment
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 3 COMMERCIAL/MIXED USE DISTRICTS
TO REVISE PERMITTED USES AND DEVELOPMENT STANDARDS
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Experience in using the Ordinance's provisions for the
MU Mixed Use District has shown that development in this district frequently requires the use
of variances even to complete projects consistent with the neighborhood context. This
ordinance revises uses and development standards to better support the development of
mixed-use urban neighborhood centers and traditional pedestrian-oriented design.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana as follows:
SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/
Mixed Use Districts, Section 21-03.02 MU Mixed Use District, is hereby deleted and replaced
with a new Section 21-03.02 as follows:
Section 21-03.02 MU Mixed Use District.
Intent- The MU Mixed Use District is established to promote the development of a dense
urban neighborhood center environment. The regulations are intended to encourage all the
elements of a traditional neighborhood center, including: storefront retail; professional
offices; and dwelling units located either in townhouse developments or in the upper stories or
rear of mixed-use buildings. The development standards in this district are designed to:
encourage a pedestrian oriented design throughout the district; and,maintain an appropriate
pedestrian scale,massing and relationship between buildings and structures within the
district.
a) Permitted Uses.
1) Primary Uses.
A) Clothing Service: Including but not limited to: Costume Rental;
Dressmaking; Dry Cleaning and Laundry Establishment; Millinery
Fabric) Shop; Self-service Laundry; Shoe Repair Shop; Tailor and
Pressing Shop; Tuxedo Rental.
B)
Educational Uses: Including but not limited to: Child Care Center;
Child Care Ministry; Cottage School; Public Library; School—
Commercial, Trade or Business.
C) Food Sales and Service: Including but not
limited to:
Bakery—Retail;
Cabaret—Family; Convenience Store; Dairy Bar—Retail;
Delicatessen; Farmers Market; Grocery; Ice CreamStore—Retail;
Manufacturing Retailers;Restaurant—
Fast Food(without drive-in or
drive-through); Restaurant—Family;Restaurant—Family, with
Lounge; Yogurt Store—Retail.
D) Governmental Use: Including but not limited to: Governmental
Offices; Post Office—without outside parking of delivery vehicles.
E) Miscellaneous: Including but not limited to: Bed&Breakfast; Bus
Station; Clinic (medical, dental or optometrists);
Cottage Business/
Residential;Electrical/Electronics Repair.
F) Office/Professional Services: Including but not limited to: Architect;
Artist; Bank Machines - Walk-up; Construction Companies (office
only); Consultant; Contractors (office only); Dentist; Design Services;
Engineer; Financial Institution; Insurance Agent; Lawyer; Musician;
Physician; Pharmacist; Photographic Studio; Professional Offices; Real
Estate Office; Travel Agency.
G) Personal Service: Including but not limited to: Barber Shop; Beauty
Shop.
H) Public Facilities: Including but not limited to: Community Center;
Funeral Home; Mortuary;Neighborhood Recycling Collection Point;
Public or Private Park—Active or Passive; Religious Use. (
Ord. No.
9653-06)
1) Recreation: Including but not limited to: Aerobics Studio; Banquet
Hall; Dance Studio; Fraternal Organization; Gymnastics Studio; Lodge;
Private Club; Social Club; Theater—Indoor. (Ord. No. 9760-07)
J) Residential: Including but not limited to:
Dwelling Unit—upper level;
Dwelling Unit—first floor with business;Multifamily Dwelling;
TwoFamilyDwelling(see Section 21-03.02 (
b) (13)for applicable
development standards).
K) Retail: Including but not limited to: Antique Shop; Apparel Shop; Art
Gallery; Arts and Craft Store; Bicycle Sales and Service; Camera Store;
Card Shop; Clock Shop; Coin and Stamp Shop; Computer Store; Drug
Store; Flower Shop; Frame Shop; Gift Shop; Hobby Shop; Toy or
Game Shop; Jewelry Store; Music Store;Newsdealer; Shoe Store;
Stationery and Book Store; Video Store.
Controlled Use. See Section 21-08.02—Special Regulations for
Controlled Uses for additionalrequirements.
2) Special Exception Uses.
A) Food Sales and Service: Including but not limited to: Bar *; Cabaret—
21 and Over *;Nightclub *; Restaurant—Drive 1n; Restaurant—Drive
Through; Tavern *.
B) Government Use: Including but not limited to: Fire Station; Municipal
State Road Maintenance Facility; Police Station; Post Office—with
outside parking of delivery vehicles.
C) Miscellaneous: Including but not limited to: Artificial Lake;
Conference Center; Motel.
D) Public Facilities: Including but not
limited to:
Cemetery—with or
without Crematory, Funeral Home, Mausoleum or Mortuary;Parking
Garage; Parking Lot—Commercial. (Ord. No. 9653-06)
E) Recreation: Including but not limited to: Amusement Arcade *;
Billiard Hall *; Country Club; Fairgrounds; GolfCourse; Golf Driving
Range; Swimming Pool -private or public. (
Ord. No. 9760-07)
F) Residential: Including but not limited to: Group Residences; One (1)
Single Family Dwelling. (Ord. No. 10451-16)
G) Retail: Including but not limited to: Liquor Store; Tobacco Store.
H) Utilities: Including but not
limited to:
Electricity Relay Station; Public
Utility Substation; Pumping Stations; Water Towers.
Controlled Use. See Section 21-
08.02—Special Regulations for
Controlled Uses for additional requirements.
3) Accessory Uses—See Section 21-03.11 (a)—
Accessory Uses, Buildings and
Structures.
4) Temporary Uses—See Section 21-03.11 (b)—Temporary Uses, Building
Structures.
5) HomeOccupations—See Section 21-03.11 (c)—Home Occupations.
b) Development Standards.
1) MinimumLot Width and Frontage - each lot shall have a minimum lot width
and
frontage on a public street of
25
feet.
2)
Yards and Building Setbacks.
A)
Front- afront yard and building setback measured from the greater of
the proposed right-of-way or existing right-of-way shall be provided as
follows:
Minimum Maximum
Limited Access Highway: 50' NA
All other Streets: 5' 12'
Provided, however, on all streets except limited access highways,
building placement shall be in compliance with the following
regulations:
i.For sites containing one
building—in elevation view from the
streetfrontage, at least fifty(50)percent ofthe length ofthe
fagade ofthe building facing a street shall be located at or
between the minimum setback and the maximum setback;
ii. For sitescontaining multiple buildings—in elevation view from
the streetfrontage, at least fifty(50)percent ofthe visible
fagades of the buildings facing a street shall be located at or
between the minimum setback and the maximum setback; and,
iii.
Parking areas and interior access drives shall not be located in
front ofa line five (5) feet behind thefront building line. Ifthe
lot does not have a building,parking areas and interior access
drives shall have a minimum front setback of twelve (12) feet.
If a parking area or interior access drive is located less than
seventeen (17) feet from the front lot line, it shall be screened
by a compact row of shrubs/hedge plants planted three feet on-
center(3' o.c.)
immediately behind thefront building line.
Shrubs shall be at least twenty-four inches (24") at time of
planting and shall be maintained at a maximum height of thirty-
six inches (36").
B) Minimum Side Yard and Setback—The minimum side yard and setback
shall be as follows:
i.Minimum Side Yard—zero (0) feet,provided,however, if a side
yard is provided along a side lot line not abutting an alley, such
setback shall not be less than five (5) feet.
ii. Minimum Side Residential Bufferyard—five (5)feet.
C) Minimum Rear Yard and Setback—The minimum rear yard and setback
shall be as follows:
i.Minimum Rear Yard—five (5) feet.
ii. Minimum Rear Residential Bufferyard—fifteen(15) feet when
not separated from a residential use by apublic alley. If
separated from a residential use by apublic alley, no rear
residential bufferyard is required,but the minimum rear yard
requirement shall apply.
3) Use of Minimum Yards and Residential Bufferyards.
All minimum yards and residential bufferyards shall be landscaped in
compliance with the requirements for perimeteryard landscaping as set forth
in Section 21-07.01 —Landscape Regulations of this Ordinance and shall
remain free from structures except where expressly permitted below:
A) Minimum Front Yards—
i.along limited access highways—may include: parking areas,
loading areas, interior access drives, or interior access
driveways,provided that no portion of such area may be located
closer to the right-of-way than fifteen(15) feet; or signs as
regulated
by Section 21-07.03 —Sign Regulations of this
Ordinance, and shall otherwise be maintained as open space
free from buildings or structures.
ii. along all other streets—
may include: driveways or signs as
regulated
by Section 21-07.03 —Sign Regulations of this
Ordinance, and shall otherwise be maintained as open space
free from buildings or structures.
B) Minimum Side and Rear Yards—may include driveways, interior
access driveways,parking areas, loading areas, walkways or other
pedestrian way connections to adjoining lots,provided that the
remainder of said yards shall be maintained as open space free from
buildings or structures.
C) Minimum Side and Rear Residential Bufferyards—may include
driveway connections to adjoining lots, or walkways or other pedestrian
way connections to adjoining lots,provided that the remainder of said
yards shall otherwise be maintained as open space free from buildings
or structures.
4) Building Height.
A) Minimum Front Fagade Height— in the elevation view from the street
frontage, eighteen(18) feet.
B) Maximum Building Height—
Forty(40) feet; not to exceed three (3)
stories.
5) Landscaping— See Section 21-07.01 —Landscape Regulations.
6) Lighting—See Section 21-07.02—Lighting Regulations.
7) Signs—See Section 21-07.03 —Sign
8) Parking—See Section 21-07.04—Off-Street Parking Regulations.
9) Loading—See Section 21-07.05 —Off-Street Loading Regulations.
10) Greenway Connection Required—If the lot abuts any portion of a greenway, a
direct linkage from the project to such greenway shall be provided.
11) Outdoor Operations—All uses and operations (except off-streetparking,
off-street loading and delivery and walk-up customer service windows) shall
be conducted completely within enclosed buildings, except where expressly
permitted below:
A) Outdoor seating for restaurants,provided that such outdoor seating:
i.shall not be located in any street right-of-way except as
permitted by the Board of Public Works; and,
ii. shall not block an entrance or exit to or from the business or
building or conflict with Americans with Disabilities Act
standards.
B) Outdoor display or sales of merchandise:
i.shall not be located in any street right-of-way except as
permitted by the Board of Public Works;
ii. shall not block an entrance or exit to or from the business or
building or conflict with Americans with Disabilities Act
standards;
iii. shall not exceed ten percent(10%) of the gross floor area of
each non-related and separately operated use;
iv. shall be permitted only during the hours of operation ofthe
business and shall be removed at the close of each business day;
and,
V.
shall be merchandise normally found within the on-premise
business. (Ord.No. 9653-06)
C) Walk-up customer service windows or Automated Teller Machines
ATM's),provided that such facilities are not free-standing and are set
flush with thefagade of the building.
D) Vending machines,provided that vending machines:
i.
shall abut the exterior wall ofthe building; and,
ii. shall not be located in a required yard or required residential
bufferyard.
12) Building Design and Orientation.
A) Orientation.
i.
Primaryfagades shall be oriented to thefront lot line. When on
a corner lot,the primaryfagade shall be oriented to the primary
street and the design ofthe primaryfagade shall extend a
minimum of ten(10) feet along the secondary street.
ii.
The primary building entrance shall be located on thefront
fagade.
B) Articulation and Activation.
i.
Frontfagades at least one hundred twenty (120) feet in length
should be designed to look like more than one building. For
buildings that are one hundred twenty (120) feet or longer, no
section ofthefrontfagade longer than sixty (60) feet may look
like one building.
ii. For commercial and mixed-use buildings,the minimum front
fagade surface that shall be glazed (window and door surface
area) is as follows:
a.
Ground floorfrontfagade surface along a primary street
seventy(70)percent;
b.
Ground floorfrontfagade surface along a secondary
street—twelve and one-half(12.5)percent;
C.Upper floorfront fagade surface—twelve and one-half
12.5)percent.
The ground floorfrontfagade glazing is calculated based on the
totalfagade area between two (2) and eight(8) feet above
grade. The upper floorfront fagade surface area is calculated
based on the total surface area located between the elevation of
any floor to the elevation of the floor above it or the elevation of
the roof. Windows and doors shall have clear (untinted) glass
and shall be open to the interior(not faux).
iii. A walkway shall connect from the sidewalk to the primary
entrance.
C) Building Materials.
i.Additions to Existing Buildings: All additions to existing
buildings shall utilize building materials that are compatible
and harmonious with the materials used on the existing
building.
ii.
Exterior Renovations, Major Additions and Accessory
Buildings: Exterior renovations,major additions and accessory
buildings to existing buildings or facilities are encouraged to
comply with the provisions in sub-Section(iii), below, for new
construction, however,the minimum requirement for exterior
renovations, major additions and accessory buildings shall be
the same as in sub-Section(
i), above, for additions to existing
buildings.
iii. New Construction: In order to create variation and interest in
the built environment, all new primary buildings shall comply
with one (1) of the following two (2) sets of architectural
regulations regarding building material and architectural
features on eachfrontfagade:
a.All brick or stone (limestone, granite, etc.), excluding
window, display window, door, roofing, fascia and soffit
materials,provided that the brick or stone used on each
applicablefagade shall include at least two (2)
architectural elements (e.g., quoins, pilasters, soldier
courses, lintels, friezes, cornices, dentils, architraves,
etc.); or,
b.
Two (2) or more building materials (excluding window,
display window, door and roofing materials), provided:
1.
Primary Building Material: The primary
building material shall be either: brick; stone
limestone, granite, etc.); synethetic equivalents
of brick or stone; architectural pre-cast concrete,
if the surface looks like brick or stone; traditional
stucco; or fiber cement, and shall constitute a
minimum of sixty-six (66)percent of each
applicable fagade excluding glazed surfaces.
Exterior insulation and finish system(E.I.F.S.) or
equivalent; vinyl; or standard, fluted, or split face
concrete masonry units (CMUs) are prohibited as
a primary building material.
2.
Secondary Building Material: The secondary
building material shall constitute a minimum of
ten(10)percent of thefagade excluding glazed
surfaces. Glass curtain wall may qualify as a
secondary building material.
3. Architectural Features: In addition,the exterior
building material selection shall be
supplemented with the use of multiple colors or
architectural elements (e.g., quoins,pilasters,
soldier courses, lintels, friezes, cornices, dentils,
architraves, etc.) on eachfrontfagade.
iv.
Building materials used on thefrontfaVade shall extend a
minimum depth of sixteen(16) inches along the sidefavade as
measured from the face of the frontfagade.
D) Mechanical Equipment—HVAC equipment shall not be placed in the
front yard or on thefrontfaVade.
13)
Development Standards for Two Family Dwellings.
Notwithstanding anything in this MU District to the contrary, a twofamily
dwelling shall be subject to the applicable development standards ofthe SF2
District.
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
Presentedby 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
Filed in Clerk's Office
ED 0 5 2011
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
LAWRENCE P. MAGLIOZZI
1?YFC11"r ICE WRFC I'(I R
Angela M. Smith
AREA PLANCOMMISSION OF ST, JOSEPH COUNTY, IN
2 2 7 W. JEFF ERSON BLV D., ROO M 1140 ('O IIN T Y-
CIT Y BUILDING, SO UTH BE ND, INDIANA 4 6 6 0 1 (574)23S-9571
Wednesday, January 17, 2018
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: An ordinance of the Common Council of the City of South Bend,Indiana, amending Chapter 21 of the South
Bend Municipal Code,Article 3 Commercial/Mixed Use Districts to revise Permitted Uses and Development
Standards-APC#2855-17.
Dear Council Members:
I hereby Certify that the above referenced ordinance of The Honorable Common Council was legally advertised on
January 4,2018 and that the Area Plan Commission at its public hearing on January 16, 2018 took the following
action:
Upon a motion by Robert Hawley, being seconded by John Leszczynski and unanimously carried,a
proposed ordinance of the Common Council of the City of South Bend, Indiana, amending Chapter 21
of the South Bend Municipal Code,Article 3 Commercial/Mixed Use Districts to revise Permitted
Uses and Development Standards, is sent to the Common Council with a FAVORABLE
recommendation. Updating the MU Mixed Use District to better reflect the intent and application of
the pedestrian-oriented district within the urban context will simplify development and strengthen the
mixed-use neighborhood centers.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common 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 of the public hearing,and will be forwarded to you at a later date to be made a part of this report.
Sincerel ,
Lawrence P. Magliozzi
Attachment
S ERVING S T. JOSEPH CO UN TY, SOUTH BEND. LAKEVILLE. NE W CARLIS LE, NOR TH LIBE RTY, OSCE OLA & ROS ELAND
W W W.S)C I N D I A N A.CO H1306/ate.-
PI1 A
LAWRENCE
P. MAGLIOZZI
I-\LC U TI% F. 1)1 1 2 LC TO R
Angela M. Smith
Depu t D I r e ror
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFF ERSON BLV D., R OOM 1 1+
0 COU NTY-CITY BUI LDING, SOUTH B EN D, INDIAN A +6601 (57+) 235-9571
January 16, 2018
Honorable South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
RE: Bill#89-17
Rezoning: APC42855-17
Dear Council Members:
The Area Plan Commission held a public hearing on January 16, 2018 for the above reference petition.
This petition is set for public hearing before the Common Council on Monday, January 22, 2018.
Ordinance& Petition Amendments:
The following changes were made to the Ordinance:
Hotel was added as a permitted use (consistent with historical interpretations)
Replace"Lot Frontage" requirements with"Project Frontage"
Minimum front setback was reduced to 0'
Removed additional development standards for Two-family dwellings
Public Hearing Summary:
There was no one present to speak in favor or opposition to the petition.
If you have any further questions,please feel free to contact me at(574) 235-9571.
Sincerely,
1- Y,t a 6
Angela M. Smith
Deputy Director
CC: Bob Palmer
SERV ING ST. JOS EPH CO UNTY, SOUTH BEN D, L AKEVILLE, NEW CAR LISLE, NO RTH LIB ERT Y, OSCEO L A & ROSELA N D
W W W.S T J O S E PH C 0 U N T Y I N DI A NA.C 0 M/A R E A P L A N
Staff Report 1/5/2018
APC # 2855-17
Owner:
The Honorable Common Council
Location: TEXT AMENDMENT
Jurisdiction: City of South Bend
Public Hearing Date: 1/16/2018
Requested Action:
The petitioner is requesting a text amendment to repeal and replace Section 21-03.02 MU
Mixed Use District.
Staff Comments:
Since its adoption in 2004, experience has shown that development in the MU Mixed Use
district frequently requires the use ofvariances and special exception use approvals,even
to complete projects consistent with the neighborhood context. This ordinance revises uses
and development standards to better support the development of the mixed-use urban
neighborhood centers and traditional pedestrian-oriented design. Because the changes
involve so many subsections within the chapter,the staff suggesting a replacement chapter.
Some ofthe changes include allowing private clubs and lodges as permitted uses, changing
to a minimum project frontage instead of lot frontage in order to allow for integrated
developments,reducing setbacks,eliminating plaza requirements, decreasing the minimum
height, and updating the architectural standards to better reflect the desired urban design
appropriate for the district.
Recommendation:
Based on information available prior to the public hearing,the staff recommends sending
this petition to the Common Council with a favorable recommendation.
Analysis:
Updating the MU Mixed Use District to better reflect the intent and application ofthe
pedestrian-oriented district within the urban context will simplify development and
strengthen the mixed-use neighborhood centers.
APC# 2855-17 Page 1 of 1
u v
l T, ll JCITY SOUTH BEND PEA E
BUILDING DEPARTMENT
Filed in Clerk's Office
December |V, 2O)7
DEC 2 2 2017
KAREEMAH FOWLER
Mr. Tim Scott CITY CLERK,Suu/HuEmu IN
President, South Bend Common Council
227W. Jefferson 8)vd., Suite 4OUS
South Bend, Indiana 466Ol
RE: AN ORDINANCE OFTB2 COMMON COUNCIL OF THE CITY 0F SOUTH BEND,
INDIANA, AMENDING CHAPTER 2 (ADMINISTRATION) AND CHAPTER 6
0DD.DlNG)OP THE SOUTH BEND MUNICIPAL CODE,BY REMOVING ZONING
ADMINISTRATION AND AREA BOARD OF ZONING APPEALS FROM THE
RESPONSIBILITIES OF THE BUILDING DEPARTMENT AND REMOVING
ASSOCIATED FEES
Dear President Scott:
Attached for filing, please findthe above-referenced ordinance tohe considered hy the Common
Council at its January 8, 2010 meeting. This ordinance amends Chapters 2 and 6 of the South Ocud
8uoioipu\ Code to reflect the transfer ofzoning-related responsibilities formerly vested with the Building
Department to the Area Planning Department of St. Joseph County.
Specifically,the Building Department will no longer be chiefly responsible for the enforcement o[
the City's Zoning Ordinance, nor administration of Zoning Ordinance fuondoux and the Area Board of
Zoning Appeals. This ordinance rescinds those responsibilities from the Municipal Code's list ofBuilding
Department functions, along with certain fees associated with those functions.
I will be pn:neodug this ordinance to the Common Council. Your favorable consideration in
requested. Please do not hesitate to contact me if you need additional information.
Siouerc|y,
Cbudeu Qulnt, Building Commissioner
Building Department
EXCELLENCE
I ACCOUNTABILITY I INNOVATION | |N[LU5|(}N
I EMPOWERMENT N
Vze5s.Lafayett ea.u.|svxr,00|South Bend.Ind iana^oanz|v5/'/.
zus.,o*|/s/4.
ea5-5,mz
BILL NO.01-18
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA AMENDING CHAPTER 2 (ADMINISTRATION) AND CHAPTER 6
BUILDING) OF THE SOUTH BEND MUNICIPAL CODE,BY REMOVING ZONING
ADMINISTRATION AND AREA BOARD OF ZONING APPEALS FROM THE
RESPONSIBILITIES OF THE BUILDING DEPARTMENT AND REMOVING
ASSOCIATED FEES.
STATEMENT OF PURPOSE AND INTENT
Historically the Building Commissioner has also served as the Zoning Administrator for the
City of South Bend, with the Building Department providing the appropriate staff functions
associated with these responsibilities. Throughout the State, these responsibilities are usually
assigned to the planning staff. The Building Department and Area Plan Commission staffs have
worked closely to establish a process and timeline by which these responsibilities will transfer to the
Area Plan Commission on January 1, 2018.
NOW, THEREFORE, BE IT ORDAINED by the Common Council ofthe City of
South Bend, Indiana as follows:
SECTION I. Chapter 2, (Administration), Article 4, (Executive Departments), Section 2-
13 (Departments established) of the South Bend Municipal Code is amended at subsection(B)
9)to read as follows:
9) Building Department:
C
d) Board of Zoning Appeals administfative suppeft;
e)_LcjBuilding trade licensing/registration testing and enforcement.
SECTION II. Chapter 6, (Building),Article 1 (General Provisions), of the South Bend
Municipal Code, is hereby amended at Section 6-4.1 to read as follows:
Sec. 6-4.1Filing fees; improvement location permits and document
Processing/preparation fees.
The fees levied by this section shall be paid prior to the issuance or acceptance
by the
Building Commissioner of any qpplications filed. petitions filed with the Board ofZoning
Appeals. impr-ovemei4
leeations pefmits, of
w6tte:fi d-Ae-1—iffl-ents on zoning and uses as regulated
by Chapter-21 of the South Bead UnioinAj Code. Deetffnent preeessing fees sha4l be paid prior-
to the
issuanee of doet-iffi-em S, iffie._ limited to ver-if ing zoning, legal
uses, lots of r-eeoFds and rebuild letters.
1) Board of Zoning Appeals-
a. peals and ar--ianee ..... $85-.00
b.Sp c a xceptio 300.0-0
e.
Eaeh varianee filed simultaneously with another-var-ianee or special exception
45.00
2) (1)MVrovement Location Permit Tent and Temporary Structures:
a. First Term ..... $40.00
b. Renewal ..... $45.00
2)Document Processing/Preparation Fees:
a. er-
ineatie„ only ..... $30.00
b. A'Qther Verification Documents ..... $50.00
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, retroactive to January 1, 2018.
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
120ON COUNTY-CITY BUILDING 4G PHONE 574/235-9822
227 W.JEFFERSON BLVD. y FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
U
Filed in Clerk's Office
I's
JAN 0 21018
KAREEMAH FOWLER
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
CITY OLFRK,SOUTH REND, Ifs!
DEPARTMENT OF ADMINISTRATION AND FINANCE
January 2, 2018
Mr. Tim Scott
President, South Bend Common Council
227 W. Jefferson Blvd., Suite 400 S
South Bend, Indiana 46601
RE:
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY
FOR CERTAIN CAPITAL PROJECTS AND INCIDENTAL EXPENSES IN
CONNECTION THEREWITH AND ON ACCOUNT OF THE ISSUANCE OF
THE BONDS, AND ALL MATTERS RELATED THERETO
Dear Council President Scott:
Attached for filing, please find the above-referenced ordinance to be considered by the
Common Council for first reading at its January 8,2018 meeting,and for public hearing on January
22, 2018.
This ordinance authorizes the issuance of general obligation bonds for the purpose of
providing the payment of costs and expenses for the construction of a new Fire Station 9 at the
corner of Mishawaka Avenue and 21 st Street, and the construction of an additional classroom
building on the grounds of the Luther J. Taylor Sr. Fire Training Center.
Randy Rompola of Barnes &
Thornburg LLP and Herschel Frierson of Crowe Horwath
LLP will be presenting this ordinance to the Common Council, and I will be in attendance along
with representatives of the South Bend Fire Department.
Your favorable consideration is
requested. Please do not hesitate to contact me if you need additional information.
Sincerely.
Jennifer Hockenhull, Controller
Department of Administration and Finance
Excellence
I Accountability I Innovation
I Inclusion
I Empowerment
Filed in Clerk's Office
JAN 0 2 2018
Bill No. KAREEMAH FOWLER
CITY CLERK,SOUTH REND,IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING
FUNDS TO PAY FOR CERTAIN CAPITAL PROJECTS AND
INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND ON
ACCOUNT OF THE ISSUANCE OF THE BONDS, AND ALL MATTERS
RELATED THERETO
STATEMENT OF PURPOSE AND INTENT
The Common Council (the "Council") of the
City of South Bend, Indiana (the "
City"),
has considered undertaking (i) replacement of current Fire Station 9 with a newly constructed
station at the corner of Mishawaka Avenue and 21 st Street in the City which new station would
be approximately 10,000 square feet and would house Engine 9, Medic 9, and Boat 2 and
accommodateup to 7 assigned firefighters per
day and (ii) construction of an additional
classroom building on the grounds of the Luther J. Taylor Sr. Fire Training Center which
proposed building would be an approximately 3,000 square foot building and would house a
rugged, divisible classroom with capacity for 100 personnel and additional training props and
storage areas (collectively, the "Projects")
in the City. It would be of public utility and benefit
and in the best interests of the City and its citizens to pay the costs of all or a portion of the
Projects through the issuance of general obligation bonds of the City payable from a tax levied
upon all of the taxable property of the City, as described herein, to the extent other revenues of
the City are not available for such purpose, as more fully described herein.
The Council now deems it advisable to issue, pursuant to Ind. Code §
36-4-6-19, Ind.
Code §
6-1.1-20-1, et. seq., and other applicable provisions ofthe Indiana Code (collectively, the
Act"), the "
City of South Bend, Indiana, General Obligation Bonds, Series 2018" (the
Bonds"),
in one (1) or more series (with an appropriate series designation for each such series),
in the original principal amount of not to exceed Five Million Four Hundred Thirty Thousand
Dollars ($5,430,000) (the "Authorized Amount")
for the purpose of providing for the funding of
i) all or a portion of the costs of the Projects, (
ii) preliminary expenses related thereto and all
incidental expenses incurred in connection therewith (all of which are deemed to be a part of the
Projects), (
iii) the costs of selling and issuing the Bonds, and (iv) a debt service reserve fund for
the Bonds as provided herein. The original principal amount of the Bonds, together with the
outstanding principal amount of previously issued bonds or other obligations which constitute a
debt of the
City, is no more than two percent (2%) of one-third (1/3) of the total net assessed
valuation of the
City. The amount of proceeds of the Bonds allocated
to pay costs of the Projects,
together with estimated investment earnings thereon, does not exceed the cost of the Projects as
estimated by the Council.
The Council now finds that all conditions precedent to the adoption of an Ordinance
authorizing the issuance ofthe Bonds have been complied with in accordance with the Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS:
SECTION I. Authorization for Bonds.
In order to provide financing for the Projects
and incidental expenses incurred in connection therewith and on account of the issuance of the
Bonds,the City shall borrow money and issue the Bonds as herein authorized.
SECTION II. General Terms of Bonds. In order to procure said loan for such purposes,
the Controller is hereby authorized and directed to have prepared and to issue and sell negotiable
general obligation bonds of the City, in one or more series, in an amount not to exceed the
Authorized Amount, to be designated "City of South Bend, Indiana, General Obligation Bonds,
Series 2018" (with an appropriate additional series designation, if applicable) for the purpose of
providing financing for the Projects and incidental expenses, such expenses to include without
limitation all expenses of every kind incurred preliminarily to the funding of the Projects, and the
costs ofselling and
issuing the Bonds. The final principal amount of the Bonds (not exceeding
the Authorized Amount) shall be determined by the Controller of the City prior to the sale of the
Bonds.
The Bonds shall be signed in the name of the City by the manual or facsimile signature of
the Mayor of the City and attested by the manual or facsimile signature of the Clerk ofthe City,
who shall affix the seal of the City to each of the Bonds manually or shall have the seal
imprinted or impressed thereon by facsimile or other means. In case any Officer whose signature
or facsimile signature appears on the Bonds shall cease to be such Officer before the delivery of
the Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such
Officer had remained in office until delivery thereof. The Bonds shall also be authenticated by
the manual signature of the Registrar (as hereinafter defined). Subject to the provisions of this
Ordinance regarding the registration of the Bonds,
the Bonds shall be fully negotiable
instruments under the applicable laws ofthe State of Indiana.
The Bonds are, as to all the principal thereof and interest due thereon, general obligations
of the City, payable from ad valorem property taxes on all taxable property within the City, to
the extent other revenues of the City are not sufficient for such purpose as described in Section
VIII hereof.
The Bonds shall be issued in fully registered form in denominations of Five Thousand
Dollars ($5,000)
or any integral multiple thereof (or such different denominations as the
Controller shall determine prior to the sale of the Bonds),
shall be numbered consecutively from
2018R-1 upward, and shall be originally dated as oftheir date of issuance. The Bonds shall bear
interest payable semiannually on January 15 and July 15 of each year, beginning not earlier than
July 15, 2018, at a rate or rates notexceeding six percent (
6.00%) per annum (the exact rate or
rates to be determinedby bidding pursuant
to Section 6 of this Ordinance). Interest shall be
calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty
30) day months.
The Bonds shall mature serially on January 15 and July 15 of each year,
beginning on July 15, 2018, and ending not later than January 15, 2038, in such amounts as the
2
Controller, with the advice of the City's municipal advisor, shall determine prior to the sale of
the Bonds.
All payments of interest on the Bonds shall be paid by check mailed one (1) business day
prior to the interest payment date to the registered owners thereof as ofthe last day of the month
preceding such month in which such interest payment date occurs at the addresses as they appear
on the registration books keptby the Registrar (the "Registration Record"), or at such other
address as is provided to the Paying Agent (as hereafter defined) in writing by such registered
owner. All principal payments on the Bonds shall be made upon surrender thereof at the
principal office of the Paying Agent, in any coin or currency of the 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 Bonds shall be payable from the interest payment date to which interest has
been paid next preceding the authentication date thereof unless such Bonds are authenticated
after the last day of the month preceding the month in which such interest payment date occurs
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 last day of the month preceding
the month in which the first interest payment date occurs, in which case they shall bear interest
from the original date, until the principal shall be fully paid.
Each Bond shall be transferable or exchangeable only upon the Registration Record by
the registered owner thereof in person, or by his attorney duly authorized in writing, upon
surrender of such 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 casemay 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, the Registrar and the Paying Agent may treat and consider the persons in
whose names such 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 due
thereon.
In the event any 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 Bond with their reasonable
fees and expenses in this connection.
Any Bond issued pursuant to this paragraph shall be
deemed an original, substitute contractual obligation ofthe City, whether or not the lost, stolen or
destroyed 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 Bonds issued hereunder.
3
SECTION III. Terms of Redemption. The Controller, upon consultation with the City's
municipal advisor, may designate maturities of Bonds (or portion thereof in authorized
denominations) 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 Controller, upon consultation with the
City's municipal advisor, is hereby authorized and directed to determine the terms governing any
such redemption.
Notice ofredemption shall be mailed by first-class mail or by registered or certified mail to the
address of each registered owner of a Bond to be redeemed as shown on the Registration Record
not more than sixty (60) days and not less thanthirty (30) days prior to the date fixed for
redemption except to the extent such redemption notice is waived by owners of Bonds redeemed,
provided, however, that failure to give such notice by mailing, or any defect therein, with respect
to any Bond shall not affect the validity of any proceedings for the redemption of any other
Bonds.
The notice shall specify the date and place of redemption, the redemption price and the
CUSIP numbers (if any) of the Bonds called for redemption.
The place of redemption may be
determinedby 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, and thereafter, such Bonds shall no longer be
protected bythis Ordinance and shall not be deemed to be outstanding hereunder, and the holders
thereof shall have the right only to receive the redemption price.
All Bonds which have been redeemed shall be canceled and shall not be reissued;
provided, however, that one (1) or more new registered Bonds shall be issued for the
unredeemed portion ofany Bond without charge to the holder thereof.
No later than the date fixed for redemption, funds shall be deposited with the Paying
Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply
such funds to the payment of, the Bonds or portions thereof called for redemption, including
accrued interest thereon to the redemption date. No payment shall be made upon any Bond or
portion thereof called for redemption until such 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 bond.
SECTION
IV. Appointment of Registrar and
Paving Agent.
The Controller is hereby
authorized to serve as, or to appoint a qualified financial institution to serve as, Registrar and
Paying Agent for the Bonds (the "Registrar" or "
Paying Agent").
The Registrar is hereby
charged with the responsibility of authenticating the Bonds, and shall keep and maintain at its
principal office or corporate trust office books for the registration and transfer of the Bonds. The
Mayor and the Clerk are hereby authorized to enter into such agreements or understandings with
such institution 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.
The Registrar and Paying Agent may, at any time, resign as Registrar and Paying Agent
by giving thirty (30) days written notice to the Controller and to each registered owner of the
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 Controller.
4
Such notice to the may be served
personally or be sent
by first-class or registered mail. The
Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the
Controller, in which event the Controller may appoint a successor Registrar and Paying Agent.
The Controller shall notify each registered owner of the Bonds then outstanding of the removal
of the Registrar and Paying Agent. Notices to registered owners ofthe 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
Bonds, cash and investments 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 V. Form of Bonds. (a) The form and tenor of the Bonds shall be
substantially as follows, all blanks to be filled in properly and all necessary additions and
deletions to be made prior to delivery thereof-
2018R-
UNITED STATES OF AMERICA
STATE OF INDIANA COUNTY OF ST.JOSEPH
CITY OF SOUTH BEND,INDIANA
GENERAL OBLIGATION BOND,SERIES 2018
Interest
Maturity Original Authentication
Rate Date Date Date CUSIP]
REGISTERED OWNER:
PRINCIPAL SUM:DOLLARS($_)
The City of South Bend,Indiana(the"
City")for value received,hereby promises to pay to the Registered
Owner set forth above, the Principal Sum set forth above on the Maturity Date set forth above, 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 last day of the month preceding the month in which such interest
payment date occurs and on or before such interest payment date in which case it shall bear interest from such
interest payment date,or unless this bond is authenticated on or before June 30,2018,in which case it shall bear
interest from the Original Date,which interest is payable semiannually on January 15 and July 15 of each year,
beginning on
July 15, 2018. Interest shall be calculated on the basis of a three hundred sixty (360) day year
comprised of twelve(12)thirty(30)day months.
The principa l of this bond is payable at the "Registrar" or "
Paying Agent"), in
Indiana. All payments of interest on this bond shall be paid by check mailed one(1)business day
prior to the interest payment date to the registered owner hereof as ofthe first day of the month in which such
interest payment date occurs 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 and premium, if any, on this Bond shall be made upon surrender thereof at the principal [corporate
trust] office ofthe Paying Agent in any coin or currency of the United States ofAmerica which on the dates of
such payment shall be legal tender for the payment of public and private debts.
This Bond is one(1)of an authorized issue of negotiable bonds of the City, of like original date,tenor and
effect, except as to denomination, numbering, interest rates, and dates of maturity, in the total amount of
Million Hundred Thousand Dollars ($ numbered
consecutively from 2018R-1 upward,issued for the purpose ofproviding funds to pay for all or aportion ofthe
5
costs of construction of certain capital projects,and the costs of the issuance of bonds therefor,as authorized by
Ordinance No. adopted
by the Common Council of the
City on the_
day of 2018, entitled
AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY FOR
CERTAIN CAPITAL PROJECTS AND INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND
ON ACCOUNT OF THE ISSUANCE OF THE BONDS, AND ALL MATTERS RELATED THERETO" (the
Ordinance"), and in accordanc e with I.C. § 36-4-6-19 and other applicable provisions of the Indiana Code,as
amended (collectively, the "Act").
The owner of this Bond, by the acceptance hereof, agrees to all the terms
and provisions contained in the Ordinance and the Act.
PURSUANT TO THE PROVISIONS OF THE ACT AND THE ORDINANCE, THE PRINCIPAL OF
THIS BOND AND ALL OTHER BONDS OF SAID ISSUE AND THE INTEREST DUE THEREON ARE
PAYABLE AS A GENERAL OBLIGATION OF THE CITY, FROM AN AD VALOREM PROPERTY TAX
TO BE LEVIED ON ALL TAXABLE PROPERTY WITHIN THE CITY TO THE EXTENT OTHER
REVNEUES OF THE CITY ARE NOT SUFFICIENT FOR SUCH PURPOSE.
INSERT REDEMPTION TERMS]
Notice of such redemption shall be mailed by first-class mail or by registered or certified mail not more
than sixty(60)days and not less than thirty(30)days prior to the date fixed for redemption to the address of the
registered owner of each Bond to be redeemed as shown on the registration record of the City except to the
extent such redemption notice is waived by owners of the Bond or Bonds redeemed; provided, however, that
failure to give such notice by mailing,or any defect therein with respect to any bond shall not affect the validity
of any proceedings for the redemption
ofany oth er
Bonds.
The notice shall specify the date and place of
redemption,
the r e d emption price
and the CUSIP numbers, if any, of the Bonds called for redem p tion. 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, and thereafter, such Bonds shall no longer be protected by the
Ordinance,and shall not be deemed to be outstanding thereunder.
This Bond is subject to defeasance prior to payment as provided in the Ordinance.
If this Bond shall not be presented for payment on the date fixed therefor,the City may deposit in trust with
the Paying Agent,or another paying agent,an amount sufficient to pay such Bond,and thereafter the Registered
Owner shall look only to the funds so deposited in trust for payment and the City shall have no further
obligation or liability in respect thereto.
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 ofreceiving payment of,or on account of,the principal hereofand interest due hereon.
The bonds maturing in any one (1) year are issuable only in fully registered form in the denomination of
5,000 or any integral multiple thereof.
A Continuing Disclosure Contract from the City to each registered owner or holder ofany bond,dated as ofthe
date of initial issuance of the Bonds (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 any Bond, 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.]
It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in
the execution, issuance and delivery of this Bond have been done and performed in regular and due form as
provided by law.
6
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 ofthe Registrar.
IN WITNESS WHEREOF, the City of South Bend, Indiana, has caused this Bond to be executed in its
corporate name by the manual or facsimile signatures of its duly elected, qualified and acting Mayor,
countersigned by its duly appointed, qualified and acting Controller, and its corporate seal to be hereunto
affixed,imprinted or impressed by any means and attested manually or by facsimile by the Clerk of the City.
CITY OF SOUTH BEND,INDIANA
By:
Mayor
Countersigned:
Controller
SEAL)
ATTEST:
Clerk
It is hereby certified that this Bond is one (1) of the Bonds described in the within-mentioned Ordinance
duly authenticated by the Registrar.
as Registrar
By:
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as
though they were written out in full according to applicable laws or regulations:
TEN.COM.as tenants in common
TEN.ENT.
as tenants by the entireties
JT.TEN.
as joint tenants with right of survivorship and
not as tenants in common
UNIF.TRANS.
MIN.ACT Custodian
Cust.) Minor)
under Uniform Transfers to Minors Act of
State)
Additional abbreviations may also be used,although not contained in the above list.
FOR VALUE RECEIVED the und ers i gned
hereby sells, assigns
and transfers un to
Please Print or Typewrite Name and Address)
principal amount (must be a multiple of $5,000) of the within bond and all rights
7
thereunder,and
hereby irrevocably cons titut es
and appoints attorney to transfer
the within bond on the books kept for the registration thereof with full power of substitution in the premises.
NOTICE: The signature to this assignment must correspond
with the name as it appears on the face of the within bond in
every particular, without alteration or enlargement or any
chan ge w hatsoever.
Signature Guaranteed:
NOTICE: Signature(s)must be guaranteed by an
eligible guarantor institution participating
in a Securities Transfer Association recognized
signature guarantee program.
End of Form of Bonds)
b)
The 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 bonds to the purchasers.
The following provisions ofthis section apply in such event.
One (1) definitive Bond of each maturity shall be delivered to the Clearing Agency (or its
agent) and held in its custody. The City and the Registrar and 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 Bonds as are necessary or appropriate to accomplish or recognize
such book-entry form Bonds.
During any time that the Bonds remain and are held in book-entry form on the books ofa
Clearing Agency, (1) any such Bond may be registered upon the books kept by the Registrar in
the name of such
Clearing Agency, orany nominee thereof,
including Cede & Co., as nominee
of TheDepository Trust
Company; (2) the Clearing Agency in whose name such Bond is so
registered shall be, and the City and the Registrar and Paying Agent may deem and treat such
Clearing Agency as, the absolute owner and holder of such Bond for all purposes of this
Ordinance, including,without limitation,the receiving ofpayment ofthe principal of and interest
on such Bond,the receiving of notice and giving of consent; (
3)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 Bond, including, without limitation, any
responsibility or obligation hereunder to maintain accurate records ofany interest in any 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 Bond, the receiving of notice or the giving of consent;
and (4) the Clearing Agency is not required to present any Bond called for partial redemption
prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency
8
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 Bonds to the effect that such Clearing Agency is unable or unwilling to
discharge its responsibility as a Clearing Agency for the Bonds, or the City elects to discontinue
its use of such Clearing Agency as a Clearing Agency for the Bonds, then the City and Registrar
and 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 Bonds, as are necessary or appropriate to
discontinue use of such Clearing Agency as a Clearing Agency for the Bonds and to transfer the
ownership of each ofthe Bonds to such person or persons, including any other Clearing Agency,
as the holders ofthe Bonds may direct in accordance with this Ordinance. Any expenses of such
discontinuance and transfer, including expenses of printing new certificates to evidence the
Bonds, shall be paid by the City.
During any time that the 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 participant or indirect participant with respect to
the
identity ofany beneficial owner of 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 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners ofthe
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 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, and the provisions of any such 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 Bonds are held in book-entry form, the provisions of Section 5 of this Ordinance
shall control over conflicting provisions in any other section of this Ordinance.
SECTION VI. Sale of Bonds. The Bonds shall be sold
in a competitive sale. The
Controller shall cause to be published a notice of sale once each week for two (2) consecutive
weeks in accordance with I.C. § 5-3-1-2. 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. Said bond sale notice shall state the time and place of sale, the
purpose for which the 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, that specifications and information concerning the Bonds are on file in the
office of the Controller and are available on request, 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, including any terms and conditions of sale which provide an
exclusion or exemption from the applicability of all or a portion of the provisions of Rule 15c2-
12 of the U.S. Securities and Exchange Commission, as amended (
the "SEC Rule") in which
case the Controller may set the minimum authorized denomination of the Bonds at One Hundred
9
Thousand Dollars ($100,000) and integral multiples of$5,000 in excess thereof as contemplated
by the SEC Rule.
As an alternative to the publication of a notice of sale, the Controller may sell the Bonds
through the publication of a notice of intent to sell the Bonds and compliance with related
procedures pursuant to I.C. § 5-1-11-2(b).
All bids for the Bonds shall be sealed and shall be presented to the Controller in accord
with the terms set forth in the Bond sale notice. Bidders for the Bonds shall be required to name
the rate or rates of interest which the Bonds are to bear, which shall be the same for all Bonds
maturing on the same date, and the interest rate bid on any maturity of Bonds must be no less
than the interest rate bid onany and all prior maturities, notexceeding six percent (6.00%) per
annum, and such interest rate or rates shall be in multiples of one-eighth (1/8) or one-hundredth
1/100) of one per cent. The Controller shall award the Bonds to the bidder who offers the
lowest interest cost, to be determined by computing the total interest on all the 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 ninety-eight percent (98.
0%) of the par value of the Bonds
or such higher percentage as the Controller shall determine, with the advice of the City's
municipal advisor, prior to the sale of the Bonds) and accrued interest, if any, 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 ofthe City, or
wire transfer (as instructedby the
City) (the "Deposit"), in an amount not to exceed one percent
1%) of the aggregate principal amount of the 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 Bonds and pay for the same as soon as the
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 be 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.
After the Bonds have been properly sold and executed, the Controller shall receive from
the purchaser's payment for the Bonds and shall provide for delivery of the Bonds to said
purchaser.
The Controller is hereby authorized and directed to obtain a legal opinion as to the
validity of the Bonds from Barnes &
Thornburg LLP, and to furnish such opinion to the
purchasers of the Bonds or to cause a copy of said legal opinion to be printed on each Bond. The
cost of such opinion shall be paid out of the proceeds of the Bonds.
SECTION VII.
a) Use of Bond Proceeds. A portion of the proceeds received from the sale
of the Bonds shall be deposited into a fund created and designated as the "City of South
Bend, Indiana,
2018 Bond Project Fund" (the "Project Fund"). The proceeds deposited
10
into the Project Fund shall be expended only for the purpose ofpaying expenses incurred
in connection with the Projects, together with the expenses incidental thereto and on
account of the issuance of the Bonds.
Any balance remaining in the Project Fund after
the completion of the Projects that is not required to meet unpaid obligations incurred in
connection therewith and on account of the issuance of the Bonds may be used to pay
debt service on the Bonds or otherwise used as permitted by law.
b) Bond Fund.
There is hereby created a separate fund, designated as the
City of South Bend, Indiana 2018 Bond Fund" (the "Bond Fund"), which shall be
applied to the payment ofthe principal of and interest on the Bonds. As taxes attributable
to the debt service levy for the Bonds are collected, subject to Section VIII hereof, they
shall be accumulated in an account of the Bond Fund hereby created and designated as
the "
City of South Bend, Indiana 2018 Bond Tax Account" (the "Tax Account"). The
Bond Fund shall also have a separate account designated the Revenues Account as
described in Section VIII hereof.
c) Reserve Fund. At the time of the sale of the Bonds, the Controller, with
the advice of the City's municipal advisor, may determine to establish a debt service
reserve fund for the Bonds (the "Reserve Fund"), which shall be funded with a portion of
the proceeds of the Bonds in an amount determined by the municipal advisor to be
required to adequately secure the Bonds (the "Debt Service Reserve Requirement"). All
money in the Reserve Fund shall be used and withdrawn by the City solely for the
purpose of making deposits into the Bond Fund, in the event of any deficiency at any
time in such fund, or for the purpose of paying the interest on or principal of or
redemption premiums, if any, on the Bonds in the event that no other money is lawfully
available therefor.
Any amount in the Reserve Fund in excess of the Debt Service
Reserve Requirement shall be withdrawn from the Reserve Fund and deposited in the
Bond Fund.
Money in the Reserve Fund shall also be available to make the final
payments of interest and principal on the Bonds.
Notwithstanding the foregoing, the
Controller, with the advice of the City's municipal advisor, may enable the City to satisfy
all or any part of its obligation to maintain an amount in the Reserve Fund equal to the
Debt Service Reserve Requirement by depositing a Reserve Fund Credit Facility in the
Reserve Fund, provided that such deposit does not adversely affect any then existing
rating on the Bonds.
A Reserve Fund Credit Facility is hereby defined as a letter of
credit, liquidity facility, insurance policy or comparable instrument furnished by a bank,
insurance company, municipal institution or other entity pursuant to a reimbursement
agreement or similar instrument between such entity and the City for the purpose of
satisfying in whole or in part the City's obligation to maintain the Reserve Requirement.
In the event the amount on deposit in the Reserve Fund is ever less than the Debt Service
Reserve Requirement,the City shall deposit from available revenues an amount sufficient
to increase the amount on deposit to equal the Debt Service Reserve Requirement.
SECTION VIII. Reduction of Tax Lew and Pledge of Certain Other Revenues. The
amount of the tax levy each year applicable to making payments on the Bonds as set forth in the
budget of
the
City (the "TaxLevy") shall be reduced by available revenues of the City to the
extent such revenues have been set aside and designated by the City for such purpose in the
account of the
City's Debt Service Fund hereby created and designated as the "
City of South
11
Bend, Indiana 2018 General Obligation Bond Revenues Account" (the "Revenues Account").
The City hereby covenants to levy the Tax Levy each year payments are due with respect to the
Bonds to the extent the revenues of the City described herein are not sufficient to timely pay the
principal of and interest on the Bonds.
The amounts available and so deposited in the Revenues Account ofthe Bond Fund shall
be determined at the time the budget and tax levy for a given year is finally fixed, and such
amounts shall be used for no purpose except as contemplated above and are hereby pledged by
the
City to the payment of the Bonds, such pledge
being effective as set forth
in I.C. § 5-1-14-4
without the necessity of filing or recording this Ordinance or any other instrument except in the
records of the City.
The City hereby finds and determines that it reasonably expects to pay debt service on the
Bonds from a combination of EMS Revenues, Local Income Tax Revenues and tax increment
finance revenues from the River East Development Area with such revenues being deposited into
the Revenues Account, and not from the Tax Levy, and that therefore the Project is not a
controlled project" for purposes of I.C. §
6-1.1-20-1.1
SECTION IX. Defeasance. If,when the Bonds or any 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 Bonds or any portion thereof for redemption have been given,
and the whole amount of the principal and the interest so due and payable upon such Bonds or
any portion thereof then outstanding shall be paid, or (i) cash, or (ii) direct non-callable
obligations of (including obligations issued or held in book entry form on the books of) the
Department of the
Treasury of the United States of America,
and securities fully and
unconditionally guaranteed as to the timely payment of principal and interest by the United
States of America, 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 Bonds or such designated portion thereof shall no longer be
deemed outstanding or secured by this Ordinance.
SECTION X. 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 percent
66-2/3%) in aggregate principal amount of the Bonds then outstanding shall have the right, from
time to time,to consent to and approve the adoption by the City ofsuch 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 on any
Bond,without the consent of the holder of each Bond so affected; or
b) A reduction in the principal amount of any Bond or the rate of
interest thereon, or a change in the monetary medium in which such amounts are
payable, without the consent of the holder of each Bond so affected; or
12
c)
A preference or priority of any Bond over any other Bond, without
the consent of the holders of all Bonds then outstanding; or
d) A reduction in the aggregate principal amount of the Bonds
required for consent to such supplemental ordinance, without the consent of the
holders of all Bonds then outstanding.
If the City shall seek 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
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 Bonds. The Registrar shall not, however, be subject to any liability to any owners
ofthe Bonds by reason ofits failure to mail such notice, and any such failure shall not affect the
validity ofsuch supplemental ordinance when consented to and approved as herein provided.
Whenever at any time within one (1) 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 ofthe
Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal amount
of the 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 ofthe 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
Bonds, whether or not such owners shall have consented thereto.
No owner of any 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 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 Bonds, and the terms and provisions
of the Bonds and this Ordinance, or any supplemental Ordinance, may be modified or altered in
any respect with the consent ofthe City and the consent of the owners of all the Bonds then
outstanding.
Without notice to or consent ofthe owners of the 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),
e)
To cure any ambiguity or formal defect or omission in this
Ordinance or in any supplemental Ordinance; or
13
f) To grant to or confer upon the owners of the Bonds any additional
rights, remedies, powers, authority or security that may lawfully be granted to or
conferred upon the owners of the Bonds; or
g) To procure a rating on the Bonds from a nationally recognized
securitiesrating agency designated in such suppleme ntal ordinance, if such
supplemental ordinance will not adversely affect the owners ofthe Bonds; or
h) To obtain or maintain bond insurance with respect to the Bonds; or
i)
To provide for the refunding or advance refunding of the Bonds; or
0) To make any other change which, in the determination of the
Council in its sole discretion,is not to the prejudice of the owners of the Bonds.
SECTION XI. Continuing Disclosure. The Mayor and the Clerk are hereby authorized
to execute and deliver on behalf of the City a Continuing Disclosure Contract upon delivery of
the Bonds, with such terms therein as approved by such officers,the execution of such document
by such officers to
be evidence of such approval.
Notwithstanding any other provision of this
Ordinance, failure of the City to comply with the Continuing Disclosure Contract shall not be
considered an event of default under the Bonds or this Ordinance.
SECTION XII. Approval of Official Statement.
If legally required as part of a public
offering of the Bonds,the Controller is hereby authorized to deem final an official statement with
respect to the Bonds, as of its date, in accordance with the provisions the SEC Rule, subject to
completion as permitted by the SEC Rule, and this Common Council further authorizes the
distribution ofthe deemed final official statement, and the execution, delivery and distribution of
such document as further modified and amended with the approval of the Controller in the form
of a final official statement.
SECTION XIII. Other Action. The appropriate Officers of the City are hereby
authorized to take all actions to obtain a rating, bond insurance or any other form of credit
enhancement for the Bonds if economically feasible and desirable and with the favorable
recommendation ofthe municipal advisor to the City. In addition, the appropriate Officers of the
City are hereby authorized and directed to take any other action deemed necessary or advisable
in order to effectuate the acquisition, construction and equipping ofthe Projects, the issuance of
the Bonds, or any other purposes of this Ordinance.
SECTION XIV. No Conflict. All Ordinances, Resolutions, and Orders or parts thereof
in conflict with the provisions of this Ordinance are to the extent of such conflict hereby
repealed. After the issuance of the Bonds and so long as any of the Bonds or interest thereon
remains unpaid, except as expressly provided herein, this Ordinance shall not be repealed or
amended in any respect that will adversely affect the rights of the holders of the Bonds, nor shall
the City adopt any Law, Ordinance or Resolution that in any way adversely affects the rights of
such holders.
SECTION XV. Severability; Interpretation.
If any section, paragraph or provision of
this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or
14
unenforceability of such section, paragraph or provision shall not affect any of the remaining
provisions of this Ordinance.
Unless the context or laws clearly require otherwise, references
herein to statutes or other laws include the same as modified, supplemented or superseded from
time to time.
SECTION XVI. 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 XVII. Effectiveness. This Ordinance shall be in full force and effect from
and after its adoption and the procedures required
by applicable law. Upon payment in full of
the principal and interest respecting the Bonds authorized hereby or upon deposit of an amount
sufficient to pay when due such amounts in accord with the defeasance provisions herein, all
pledges, covenants and other rights granted by this Ordinance shall cease.
Member ofthe Common Council
Attest:
Kareemah Fowler, City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the
day of 2018, at
o'clock m.
Kareemah Fowler, City Clerk
Approved and signed
by me on the
day of 2018, at_o'clock
m.
Pete Buttigieg, Mayor
DMS 112812130
15
W Ill /;/.
120ON COUNTY-CITY BUILDING 1
J
PHONE 574/235-9822
227 W.JEFFERSON BLVD.FAX 574/235-9928
SOUTH BEND, INDIANA 46601-1830
rr' c t _
x
Filed in Clerk's Office
JAN 0 2 2016
CITY OF
SOUTH BEND PETE BUTTIGIEG, MAYOR h KAREEMAH FOWLER
DEPARTMENT OF ADMINISTRATION AND FINANCE-_7RK,SOUTH BEND,IN
January 2, 2018
Mr. Tim Scott
President, South Bend Common Council
227 W. Jefferson Blvd., Suite 400 S
South Bend, Indiana 46601
RE: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, APPROPRIATING THE PROCEEDS OF THE CITY OF
SOUTH BEND GENERAL OBLIGATION BONDS, SERIES 2018
Dear Council President Scott:
Attached for filing, please find the above-referenced ordinance for first reading by the
Common Council at its January 8, 2018 meeting, and for public hearing on January 22, 2018.
This ordinance authorizes the appropriation of a sum not to exceed Five Million Four
HundredThirty Thousand Dollars ($5,430,000), out of the proceeds of sale of the general
obligation bonds described in the general obligation bond ordinance filed contemporaneously with
this ordinance,for the purpose ofproviding the payment of costs and expenses for the construction
of a new Fire Station 9 at the corner of Mishawaka Avenue and 21 st Street, and the construction
ofan additional classroom building on the grounds ofthe Luther J.Taylor Sr.Fire Training Center.
Randy Rompola of Barnes & Thornburg LLP and Herschel Frierson of Crowe Horwath
LLP will be presenting this ordinance to the Common Council, and I will be in attendance along
with representatives of the South Bend Fire Department. Your favorable consideration is
requested. Please do not hesitate to contact me if you need additional information.
Sincerely,
0""I UG.
0
Jennifer Hockenhull, Controller
Department of Administration and Finance
Excellence I Accountability I Innovation I Inclusion I Empowerment Q
W
Filed in Clerk's Office
Bill No.
JAN 0 2 2018
KAREEWIAH-=01NLER
ORDINANCE NO. CITYC!.ERK.SOUTH SEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,
APPROPRIATING THE PROCEEDS OF THE CITY OF SOUTH BEND
GENERAL OBLIGATION BONDS, SERIES 2018
STATEMENT OF PURPOSE AND INTENT
WHEREAS,the Common Council(the"Council")
of the City ofSouth Bend,Indiana(the
City"),has,on January 22,2018,adopted an ordinance,the provisions ofwhich arehereby included
herein by this reference thereto, determining to issue general obligation bonds of the City in an
original aggregate principal amount ofnot to exceed Five Million Four Hundred Thirty Thousand
Dollars ($5,
430,000) (the "Bonds"),
for the purpose of providing funds for undertaking (i)
replacement of current Fire Station 9 with a newly constructed station at the corner ofMishawaka
Avenue and 21st Street in the City whichnew stationwould be approximately 10,000 square feetand
would house Engine 9,Medic 9,and Boat 2 and accommodate up to 7 assigned firefighters per day
and (ii) construction of an additional classroom building on the grounds of the Luther J Taylor Sr.
Fire Training Centerwhich proposed buildingwouldbe an approximately 3,000square footbuilding
and would house a rugged, divisible classroom with capacity for 100 personnel and additional
training props and storage areas (collectively,the"Projects")
in the City; and
WHEREAS,the Council did not include the proceeds ofthe Bonds in the regular budget for
the City for the year 2018; and
WHEREAS, there are insufficient funds available or provided for in the City's existing
budget and tax levy which may be applied to the cost ofthe Project, and the issuance ofthe Bonds
has been authorized to procure the necessary funds and an extraordinary emergency and necessity
exists for the making ofthe additional appropriation set out herein; and
WHEREAS,the Cityhas caused notice ofahearing on said appropriation to be published as
required by law; and
WHEREAS,such public hearing was held onJanuary 22,2018,at 7:00 p.m.(local time)in
the Common Council Meeting Room,4"'Floor ofthe County-City Building in South Bend,Indiana,
on said appropriation at which all taxpayers and interested persons had an opportunity to appear and
express their viewsregarding such additional appropriation.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND,INDIANA,AS FOLLOWS:
Section I.
There is hereby appropriated a sum not to exceed Five Million Four Hundred
Thirty Thousand Dollars ($5,430,000), out of the proceeds of the Bonds received by the City in
connection with the sale ofthe Bonds,together with any premium paid by the original purchasers of
the Bonds and all investment earnings thereon,for use by the City in paying the cost ofthe Project,
together with any expenses incidental thereto, capitalized interest on the Bonds, if any, funding a
debt service reserve fund, ifnecessary, and the issuance costs of the Bonds.
Section II. Such appropriation shall be in addition to all appropriations provided for in
the existing budget and levy, and shall continue in effect until the completion ofthe Project. Any
surplus of such proceeds shall be credited to the proper fund as provided by law.
Section IV.
A certified copy ofthis ordinance,together with such other proceedings and
actions as may be necessary, shall be filed by the Controller ofthe City, along with a report of the
appropriation, with the Indiana Department of Local Government Finance.
Section V.
Any and all prior actions taken by any officer ofthe City or member ofthe
City in connection and consistent with this ordinance are hereby ratified and approved.
Member of the Common Council
Attest:
Kareemah Fowler, City Clerk
Presented by me,the undersigned Clerk ofthe City of South Bend,to the Mayor ofthe City
of South Bend,Indiana on the
day of 2018,at o'clock
M.
Kareemah Fowler, City Clerk
Approved and signed
by me on the
day of 2018, at_o'clock
m.
Pete Buttigieg, Mayor
DMS 11297932v2
2
1200 CouNTY-CITY BUILDING S p UT>
PHONE 574/235-9241
227 W.JEFFERSON BOULEVARD O O FAX 574/235-7670
SOUTH BEND,INDIANA 46601-1830 t: TTY 574/235-5567
U d
tW PEA CE ,y
ly
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF LAW
STEPHANIE STEELE ALADEAN M.DEROSE
CORPORATION COUNSEL CITY ATTORNEY
January l 6, 2018
Filed in Clerk's OfficeMr.Tim Scott
President, South Bend Common Council
227 W.Jefferson
Blvd., Suite 400 S
JAN 17 2018
South Bend,Indiana 46601
KAREEMAH FOWLER
RE: A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SO gEND,IN
RESCINDING RESOLUTION NO. 4663-17 APPROVING A MEMORAND
AGREEMENT BETWEEN THE CITY OF INDIANAPOLIS, INDIANA, ACTING THROUGH
THE INDIANAPOLIS FIRE DEPARTMENT,AND THE CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK FORCE ONE
Dear President Scott:
Your favorable consideration is requested for the above-referenced resolution approving a revised
Memorandum of Agreement between the City of South Bend and the City of Indianapolis that enables the
City ofSouth Bend to become a participating agency in Indiana Task Force One,an urban search and rescue
task force within the National Urban Search&Rescue Response System.
This resolution also expressly rescinds the Common Council's Resolution No. 4663-17, which
approved a prior version of the memorandum between the City of South Bend and the Indianapolis
Department of Public Safety. The Indianapolis Department of Public Safety was dissolved before
Resolution No. 4663-17 was adopted, and the prior memorandum was not executed by the City of
Indianapolis following the resolution's adoption. This resolution approves the revised memorandum
between the City of South Bend and the City of Indianapolis.
I will be presenting this resolution to the Common Council on January 22, 2018, along with Fire
Chief Steve Cox and Battalion Chief Chris Baker. If you have any questions, please do not hesitate to
contact me.
Sincerely,
Elliot Anderson
Assistant City Attorney
cc: Chief Cox
ELLIOT A.ANDERSON ASHLEY MILLS COLBORNBENJAMIN J.DOUGHERTY
CLARA MCDANIELS THOMAS E.PANOWICZ DANIELLE CAMPBELL WEISS
Filed in Clerk's Office
7 2018
BILL NO. 18-02
KARL<
A EEMAH FOWLER
RESOLUTION NO.
CITY CLERK,SOUTH BEND,IN
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,RESCINDING RESOLUTION NO. 4663-17 AND APPROVING A
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF INDIANAPOLIS, INDIANA,ACTING THROUGH THE
INDIANAPOLIS FIRE DEPARTMENT, AND THE CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK FORCE ONE
WHEREAS,the
City of
Indianapolis("Indianapolis"),acting through the Indianapolis Fire
Department, is the sponsoring agency for Indiana Task Force One (the "Task Force"), an urban
search and rescue task
force within
the National Urban Search & Rescue Response System, by
virtue of an agreement between Indianapolis and the Federal Emergency Management Agency
FEMA"); and
WHEREAS, the
City of South Bend ("South Bend"), acting on behalf of the South Bend
Fire Department, desires to enter into a cooperative arrangement with Indianapolis to become a
participating agency in the Task Force; and
WHEREAS, through the cooperative arrangement, South Bend personnel will participate
in preparedness activities required by FEMA and in urban search and rescue operations and/or
deployment of the Task Force, and South Bend will be reimbursed for expenses incurred in its
participation in the cooperative arrangement; and
WHEREAS, Indianapolis and South Bend have developed a Memorandum of Agreement
the "MOA"),
which is attached as Exhibit A, containing governing provisions for South Bend's
participation in the Task Force, which was approved by the City of South Bend Board of Public
Works (the "BPW") on January 9, 2018; and
WHEREAS, the MOA approved by the BPW in January 2018 supersedes the prior
Memorandum of Agreement between South Bend and the now-dissolved Indianapolis Department
ofPublic Safety that was approved by the BPW on August 17, 2017, and by the Common Council
on August 28, 2017, through the adoption of Resolution No. 4663-17.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. The Common Council of the City of South Bend, Indiana, hereby rescinds
Resolution No. 4663-17, and approves the Memorandum of Agreement incorporated herein as
Exhibit A between the City of Indianapolis, Indiana, Acting through the Indianapolis Fire
Department, and the
City of South Bend, Indiana, Regarding Indiana Task Force One.
Section II.
This Resolution shall be given retroactive effect to December 1, 2017, from
and after its adoption by the Common Council and approval by the Mayor.
Tim Scott, Council President
Member of the
Common Council
Filed in Clerk's Office
JAN 17 2()8
KAREEMAH FOWLER
MEMORANDUM OF AGREEMENT CITYCLERK SOUTH BEND,'lN
BETWEEN THE
CITY OF INDIANAPOLIS,INDIANA acting through the INDIANAPOLIS FIRE
DEPARTMENT,AND THE
CITY OF SOUTH BEND, INDIANA,
REGARDING INDIANA TASK.FORCE ONE
I
THIS MEMORANDUM OF AGREEMENT(
hereinafter referre d
to as"Agreement"),
is entered into
by and between the City of Indianapolis, Indiana acting through the Indianapolis Fire Department
hereinafter r eferred
to as "CITY"),
and the City of South Bend, Indiana, a political subdivision of the
State of Indiana, acting through its Board of Public Works for and on behalf of the South Bend Fire
Department.
I
I
RECITALS:
WHEREAS, pursuant to federal law, principally the Robert T. Stafford Disaster Relief and
Emergency Assistance
Act, 42 U.S.C. §§ 5121 through 5206 (hereinafter referred to as the "Stafford
Act"),
the U.S. Department of Homeland Security, acting through the Federal Emergency Management
Agency (hereinafter referred
to as "FEMA"), operates the National Urban Search & Rescue Response
System(hereinafter referred to as"System")
in conjunction with State and local governments;and
WHEREAS,the CITY is the sponsoring agency for Indiana Task Force One (hereinafter referred to
as "Task Force"),
an urban search and rescue task force of the System, established in 1992 pursuant to an
agreement between FEMA and the City ofIndianapolis,Indiana;and
WHEREAS, the CITY in its capacity as sponsoring agency is responsible for recruiting and
organizing the Task Force such that the Task Force consists of individuals occupying certain specified
positions plus additional support personnel, all of whom have been properly trained with the requisite
skills and capabilities required for urban search and rescue operations and/or deployment of the Task
Force;and3
WHEREAS,the Task Force may be deployed as a single unit or it may be reorganized into teams for.
purposes of modularized responses for limited or specialized activations,and members of the Task Force
may also be deployed as members of a management or other technical team;and
WHEREAS, the CITY in the performance of it's responsibilities may enter into cooperative
arrangements with federal,state,or local government entities,or non-profit or for-profit entities,to serve
as participating agencies in the Task Force, and with individuals to serve as affiliated personnel of the
Task Force;and
WHEREAS, the CITY in its capacity as sponsoring agency is obligated to enter into written
agreements with those participating agencies and affiliated personnel setting forth the relationship
between the parties;and
WHEREAS,the City of South Bend,Indiana, desires to be a participating agency in the Task Force,
subject to all of the provisions ofthis Agreement;
NOW, THEREFORE, the CITY and the City of South Bend, Indiana, (hereinafter referred to as
Participating Agency"), in consideration of the foregoing recitals and the following promises, hereby
agree as follows. E
Revised OCC 10-2016 I
I. CONSTRUCTION
1.01 With r es pect to National Urban Search&Rescue Response System activities of the Participating
Agency and its employees under this Agreement,the provisions ofInterim Final Rule,"National
Urban Search and Rescue Response System,"
70 Fed. Reg. 9182 (Feb. 24, 2005) 44 CFR Part
208 (hereinafter referred
to as "Interim Final Rule"),
hereby are incorporated and made
applicable.
1.02
To the extent it may be applicable,the Interim Final Rule will prevail and govern this Agreement;
and upon the effective date of a final role that supplants the Interim Final Rule governing this
subject(hereinafter referred to as"Final Rule"),the Final Rule shall supersede the Interim Final
Rule and shall prevail over any contrary provisions in the governance ofthis Agreement.
1.03 This Agreement is entered into by and between the parties, who agree that subject to all of the
provisions ofthis Agreement,the City of South Bend,Indiana,will serve as Participating Agency
for the Task Force. Each party further agrees that it assumes all ofthe duties and responsibilities
assigned to that party under this Agreement,and that so long as this Agreement remains ineffect,
the party will fully perform all ofthose duties and responsibilities.
H. TERM AND TERMINATION
l
2.01 This Agreement shall be effective when it has been duly and regularly authorized and executed
I by both p arties. For purposes of reference and convenience, the patties have agreed that the
effective date ofthe Agreement is December 1,2017.
2.
02 The Agreement shall continue in effect unless and until it is terminated as provided in this
Agreement.
E 2.03
The Agreement may be terminated by either party upon thirty (30) days written notice, except
that the Participating Agency may not terminate this Agreement without the written consent of
the CITY during any time interval when the Task Force has been placed on alert status or has
been activated,ifthe alert or activation affects participants of the Participating Agency.
i
III. CONDITIONS OF AGENCY PARTICIPATION
3.01
The Participating Agency hereby agrees to commit at least one (1) individual employee ofthe
I Participating Agency (hereinafter referred to as "Committed Personnel") to serve in designated
positions on the Task Force as determined by the CITY and Task Force.
I
3.02
The Participating Agency further agrees that the Committed Personnel shall be able to deploy
within one(1)hour after notification, on a twenty-four(24)hour per day and three hundred and
sixty-five(3 65)days peryear basis.
3.03 The Parties agree that on an ongoing basis the Task Force shall provide any and all required
training of the Committed Personnel to satisfy such conditions of preparedness and response as
may be required
by the Task Force. The
Participating Agency shall not be required to mandate
the Committed Personnel to participate in the training.
3.04 Upon execution of this Agreement, the Participating Agency shall provide the CITY and Task
Force with a written list of the names, addresses, and appropriate contact information of the
I Committed Personnel;thereafter,the Participating Agency shall also provide the CITY and Task
Revised OCC 10-2016
2
i
i
t
Force with immediate wri tten notification ofany additions to or deletions from such list. All
Committed Personnel shall be subject to approval and acceptance by the Task Force
E Administrator.
E
3.05 The Parties will cooperate with each other so as to facilitate achievement of the goals and
objectives of the System as fully and completely as possible, and as further provided in Section
VIII of the Agreement.
IV. TORT LIABILITY AND WORKERS' COMPENSATION
4.
01
The Participating Agency and the Committed Personnel shall be afforded such coverage for tort
liability and workers' compensation as is afforded all Task Forces and their System members
under federal law.
4.02
Except as afforded by the Federal Government,the responsibility for risks associated with claims
fortort liability and workers' compensation arising out ofparticipation in the Task Force,shall be
the responsibility of the CITY and not under any circumstances, the responsibility of the
Participating Agency. At all times, the CITY and Task Force shall maintain in full force and
effect, for the benefit of the Committed Personnel, coverage for workers' compensation to
j provide coverage for risks associated with and/or arising out of the Committed Personnel's
participation in the Task Force and/or the Committed Personnel's responsibilities under this
Agreement.
V. FINANCIAL PROVISIONS
I 5.01 Preparedness Funds
5.01.1 In its sole discretion, the CITY may distribute to the Participating Agency such
preparedness grant funding as the CITY shall be eligible to and does receive from
FEMA. Any such distributions shall be subject to the requirements of the preparedness
Egrants and the needs ofthe Task Force generally.
5.01.2 Any other funding received by the CITY from sources other than the federal government
may also be made available as the CITY determines in its discretion. The CITY shall
make such distributions fairly and equitably taking into account the mission, goals and
objectives of the Task Force and the needs of the CITY as compared to other proper
needs and demands.
5.02 Response Funds
5.02.1 The CITY shall promptly reimburse the Participating Agency for response expenses.that .
are authorized to be incurred by or for the benefit ofthe Committed Personnel engaged in
Task Force activities, upon receiving reimbursement for such expenses from the federal
government. Such expenses must be properly ascertained, accumulated and reported to
the CITY, and the funds to be utilized for payment must have been reimbursed by or on
behalf ofFEMA to the CITY.
5.02.2 After an alert or activation, the Participating Agency shall provide the CITY with a
complete cost reimbursement package to be submitted by the CITY as part of an overall
cla im p ackag e Which the CITY is ob l iged to submit to FEMA.
The Participating
Agency's cost reimbursement package shall be submitted to the CITY within thirty(30)
days after the end of the Personal Rehabilitation Period establis hed
by FEMA. The
Revised QCC 10-2016
3
f
Participating Agency's cost reimbursement package shall be prepared in conformance
with applicable federal directives which the CITY shall disseminate to the Participating
Agency.
i
I
5.02.3 The Participating Agency shall provide the CITY with the established hourly or daily
r ates ofpay of each of
the Committed Personnel. Such information shall be stated on
Exhibit A" to this Agreement, attached hereto and incorporated herein by reference.
I Throughout the term of the Agreement, the Participating Agency also shall notify the
CITY immediately of any changes to such established hourly or daily rates of pay by
providing a substitute"Exhibit A"that contains the new information.
5.02.4 In order to ensure proper reimbursement from FEMA, the compensation of Committed
Personnel on the Task Force shall be in accordance with established pay schedules and
policies, during an alert,and from the time ofactivation and until the Task Force returns,
is deactivated,and Committed Personnel are returned to regular work schedules.
5.03 All financial commitments of the CITY are subject to the availability and receipt of funds by the
CITY from FEMA and other sources.
5.04
Neither the Participating Agency nor any Committed Personnel shall be reimbursed for costs
incurred outside the scope of this Agreement.
5.05 The parties agree that in the event the CITY makes an overpayment to a Participating Agency and
the CITY is required to reimburse FEMA for such overpayment, then the Participating Agency
shall be responsible for collecting any overpayment from the Committed Personnel and shall
promptly reimburse the CITY for such overpayment.
VI. MANDATORY MINIMUM REQUIREMENTS FOR
COMMITTED PERSONNEL
6.01 Each individual in the Committed Personnel must satisfy all of the requirements for participation
in the Task Force as listed in this Section VI of the Agreement.
6.02 The Committed Personnel shall be employees of the Participating Agency in good standing.
Entry-level employees who are probationary or in a similar status are not eligible.
6.03 The Committed Personnel shall be of good moral character and shall not have been convicted ofa
felony or ofany other criminal offense involving moral turpitude.
I6.04 The Committed Personnel serving in a Task Force position that requires the individual member to
hold a license, registration, certificate or other similar authorization to lawfully engage in an
activity mustholdthe appropriate authorization,which mustbe currentand validly issued.
6.
05
Subject to any applicable FEMA standards, each Committed Personnel member must meet the
medical/fitness standards mutually agreed upon by the CITY and the Participating Agency, and
further must not have any medical condition or disability that will prevent performance of the
duties of the Task Force position he/she occupies.
t6.06 Each Committed Personnel member must be able to respond on a mission for a duration of at
least fourteen(14)days.
6.07 Each Committed Personnel member must be capable of improvising and functioning for long
Revised OCC 10-2016
4
hours under adverse working conditions.
6.08 Each Committed Personnel member must receive such inoculations as are specified by the CITY.i
6.09 Each Committed Personnel member must be aware of the signs, symptoms and corrective
measur es of Critical Incident Stress Syndrome.
I
6.10 Each Committed Peisomtel member must understand and adhere to safe working practices and
procedures as required in the urban disaster environment.
6.11 Each Committed Personnel member must have a working knowledge of the US&R System and
the Task Force's organizational structure,operating procedures, safety practices,teltninolagy and
communication protocols.
6.12 Each Committed Personnel member must have completed such courses of education and training
and other requirements as the CITY and Task Force shall specify.
6.13
The CITY has authority to suspend or terminate a Committed Personnel member's participation
i on the Task Force for failure to satisfy any mandatory minimum requirement.
VII. CLOTHING AND EQUIPMENT
7.01 The CITY and/or Task Force will issue to each Committed Personnel member certain items of
personal protective clothing and equipment for use inTask Force activities and operations. In the
event of activation, the Committed Personnel shall provide certain additional items of personal
clothing and equipment. Items of clothing and equipment supplied by the CITY or Task Force
shall remain the property of the CITY or Task Force and shall be returned promptly whenever a
person ceases to be a Committed Personnel member.
7.02 Subjectto FEMA requirements,all uniforms will display the official patch ofthe Task Force and
the official patch ofthe System,as specified by the CITY. The CITY shall specify the design of
the uniform and any identifying insignia or markings.
VIII. COMMAND,CONTROL AND COORDINATION
8.01 When the Committed Personnel have been activated or have otherwise been placed at the
direction,control and funding of FEMA(e.g.,during participation in FEMA-sponsored training),
the ultimate authority for command, control and coordination of the service ofthe Committed
Personnel reposes with FEMA. Subject to the principle just stated, the following provisions of
this Section VIII govern the responsibilities ofthe parties with respect to supervisory,disciplinary
and other specified aspects ofthe employment ofthe Committed Personnel within the context of
j his/her participation on the Task Force.
i 8.02
Nothing in this Agreement is intended to,nor does it, establish the creation ofajoint venture or
joint enterprise between the CITY and
Participating Agency. Nor shall anything herein be
deemed to create or affect the employer-employee relationship between the Participating Agency
I and its employees who are members ofthe Committed Personnel, and the Participating Agency.
II shall at all times continue to be fully responsible for all of its employment obligations to its
employees, including the compensation and benefits that the Participating Agency has agreed to
I
provide.
8.03
While participating in System activities conducted by the Task Force, all Committed Personnel
lRevised OCC 10-2016
i
i
i
I shall be subject to and observe and comply with all lawful orders and directions of the authorized
representatives ofthe CITY acid the Task Force. Sponsoring Agency retains the right to suspend
i
or exclude any Participant from participation on the Task Force for cause including failure to
abide by the provisions ofthis Agreement.
i
8.04 The CITY and/or the Task Force shall exercise direct supervisory authority with respect to
Participants during activations,deployments and other activities ofthe TaskForce conducted by
the CITY, but fordisciplinary purp oses, that authority is limited to temporary suspension or i
permanent exclusion from participation. In all other instances where disciplinary action may be
necessary, the CITY shall report the pertinent circumstances to the Participating Agency, who
shall cooperate with the CITY and shall administer discipline as appropriate in accordance with
the Participating Agency's established rules and regulations.
IX. MEDIA AND INFORMATION POLICY
I
9.01 Subjectto applic a b l e law,
including FE regulations, all photographs and video taken on
deployments will be kept under the control of the CITY and Task Force until the use of such
materials in internal or external education programs or other dissemination is approved.
9.02 All applicable federal,state,and local media policies will be strictly enforced and followed.
9.03 Subject to applicable rules and regulations, the CITY and Task Force will have the primary
responsibility for coordination of media coverage and liaison with media sources and
representatives concerning activities ofthe Task Force.
I X. RULES OF CONDUCT
I
10.01 Committed Personnel will be expected to abide by the rules ofconduct established by the CITY.
10.02 The failure of a Committed Personnel member to abide by the rules of conduct constitutes good
cause for suspension or exclusion from the Task Force under Section VIII ofthis Agreement.
XI. PREPAREDNESS ACTIVITIIES
11.01 The CITY shall c onduct Task Force manage men t, a dmini st r ation,
training, equipment
procurement and other preparedness activities required by FBMA. The Participating Agency and
its Committed Personnel shall cooperate with the CITY and shall participate in the activities as
necessary to achieve Task Force preparedness goals and objectives.
11.02 As established by System directives but subject to the availability offederal funding, the CITY
shall procure and maintain required ca ches of equipment and supplies. The contents of these
caches shall be utilized for deployments of the Task Force and, subject to federal rules and
regulations, will be made available for training activities of the CITY and the Participating
Agency. Committed Personnel shall use Task Force cache equipment and supplies only for
authorized purposes and shall exercise reasonable care to protect and preserve the property
against loss or damage. The Participating Agency shall be financially accountable for any Task .
Force property that is lost or damaged due to negligence or unauthorized use by the Participating
Agency or its Committed Personnel.
E
6
Revised OCC 10-2016
I'
I
XIL NOTIFICATION PROCEDURES AND OTHER
COMMUNICATIONS
12.01 Alerts and Activation
k
E
12.01.1 The CITY shall determine whether the Task Force is capable of and will respond to
activation orders.
i 12.01.2 The Participating Agency at all times shall maintain a ready means to be contacted
hereinafter refe rred to as "Point of Notification")
by the CITY or Task Force regarding
possible deployments ofthe Task Force. The Point ofNotification shall.include 24-hour
telephonic and electronic capabilities.
12.01.3 Upon receipt of alert or activation orders, the CITY shall give prompt telephonic and
e l e ct r onic notice to the
Participating Agency's Point of Notification. The notice shall
designate the Task Force positions for which the Participating Agency's Committed
Personnel are being requisitioned, the location of the assembly point, and to the extent
known,the nature and character of the activation.
12,01.4 The Participating Agency shall at all times maintain the capability of providing
f requisitioned Committed Personnel for participation on a deployment ofthe Task Force.
12,01.5 Upon receipt of an activation order for the Task Force, the Participating Agency shall
cause the required Committed Personnel to respond to the assembly point designated in
the notice.
12.02 Mobilization
12.02.1 All requisitioned Committed Personnel will respond to the designated assembly point
within one(1)hour of notification with all required personal clothing and equipment and
required documentation.
I
12.02.2 The Participating Agency will select its Committed Personnel through a pre-established
selection system that ensures the requisition is promptly tilled with fully qualified
individuals. .
12.02.3 Selected members ofthe Committed Personnel will be subject to a medical pre-screening
for deployment. Any such memberwho fails the screening will not be deployed.
12.02.4 The CITY retains the sole right to determine which Committed Personnel, if any, will
respond with the Task Force when activated.
12.03 Other Communications, The CITY will remain in contact with the Participating Agency through
the Participating Agency's Point ofNotification during the period of activation.
XM. CRITICAL INCIDENT STRESS SYNDROME AND
MANAGEMENT
3
13.01
The CITY will have primary responsibility to offer critical incident stress syndrome intervention
and support during and after activation.
7
Revised OCC 10-2016
13.
02 Costs incurred for unauthorized critical incident stress syndrome activities are not eligible for
reimbursem e nt.
i
XIV. GENERAL PROVISIONS
i
pursua nt
I
14.41 Authority. As morespecifically indicated above and below,this Agreement is made(a)
to the provisions of the Interim Final.Rule or the Final Rule; and (b) under the authority of
Indiana law, in furtherance of the purposes of the National Urban Search and Rescue Response
System.
I
14.02 Amendments. Except as otherwise expressly provided, this Agreement may be modified or
amended only by another written agreement approved and executed by both parties,and all such \
amendments will be attached to this Agreement.
14.03 Delegation. The obligations of the Participating Agency set forth in this Agreement are non-
delegable and may not be assigned to or assumed by any other person without the prior written
consent of the CITY.
14.04Controlling Law. Except and to the extent federal law controls, this Agreement shall be
construed and enforced as between the parties accordingto the laws ofthe State ofIndiana.
14.45 Conflict of Interest. No party shall engage in any conduct or activity in the performance ofthis
Agreement or participation in the System that constitutes a conflict of interest under applicable
federal,state or local law.
i 14.06 Compliance with LaW.
Each party shall at all times observe and comply with all applicable
federal,state and local laws.
I 14.07 Noll Except as provided otherwise with respect to emergency notifications, if it is necessary
for the purposes ofthis Agreement for one of the named patties to give notice to the other named
party,notice shall be inwriting withtheexpenses ofdeliveryormailingfully prepaidand shallbe
i delivered by personal service or a form of public or private mail service requiring proof of
delivery. Notice is effective upon personal delivery, or by mail service, on the date of either
actual receipt or five days af terposting, whi cheve r
is first. Unless changed in writing in
accordance with this Section,notice shall be served on the party at the following address:
to the CITYand Task Force:
Administrator,Indiana Task Force One
2650 Fortune Circle East Drive
Indianapolis,IN 46241
to the PartfcipatingAgencv:
City of South Bend—Fire Department
City ofSouth Bend—Legal Department
c/o Fire Chief 1200 County-City Building
1222 S.Michigan Street 227 W.Jefferson Blvd.
South Bend,IN 46601 South Bend,IN 46601
l 14.48 Titles and Section Headings Titles and section headings are for convenience only and are not a
part of the parties'Agreement.
8
Revised oCC 10-2016
j
14.09 Severabilit .
Should any provision of this Agreement be determined to be invalid or
unenforceable under applicable law, the provision shall, to the extent required, be severed from
the remainder of the Agreement which shall continue in full force and effect.
14.10 Successors and Assigns. This Agreement and its provisions are binding upon and inure to the
benefit of the parties and to their respective successors in interest; provided, however, this
Agreement does not and will not bestow any rights or remedies upon persons to whom an
unlawful delegation or assignment has been made by the Participating Agency.i
14.11
Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions
and any claims,liabilities,injuries,suits,demands or expenses ofany kind that may result or arise
out ofany alleged conduct by the party, its officers or employees,in the performance or omission
of any act or responsibility of that party under this Agreement. In the event a claim is made
against either or both parties,the intent ofthe parties is to cooperate in the defense of said claim
and to cause an insurer, if any, to do likewise. However, each party shall have the right to take
any action it believes necessary to protect its interests.
14.12 Nondiscrimination. The CITY and the Participating Agency shall not discriminate against any
employee or applicant for employment to be employed in the performance of this Agreement,
with respect to her or his hire, tenure, terms, conditions, or privileges of employment, or any
matter directly or indirectly related to employment, because of her or his race, sex, sexual
orientation, gender identity, religion, color, national origin, ancestry, age, disability, or United
States military service vete r an st at us. Breach of this section shall be regarded as a material
breach of this Agreement.
14.13 Third Party Beneficiaries. This Agreement is made for the sole and exclusive benefit of the
named patties and their lawful successors in interest,and no other person or entity is intended to,
I
nor shall such other person or entity acquire or be entitled to receive any rights or benefits as a
third-party beneficiary ofthis Agreement.
14.14 Nonon-pa rties. Neither the United States of America nor the State of Indiana is a party to this
IAgreement.
i
I 14.15 Assurances ofUnderstanding. Each party represents to the other the following:that the party has
I
fully read and understood all ofthe provisions ofthis Agreement;that the party has secured and
considered such legal advice and other expert counsel as the party deemed necessary and
advisable for these purposes; and, that in agreeing to execute and become a signatory to this
Agreement the party has deemed itself adequately informed and advised as to all of the risks
assumed and obligations undertaken pursuant to this Agreement.
14.16
Signatory Authority. Each person executing this Agreement represents the following:that he/she
was and is lawfully authorized to sign the Agreement on behalf of the party he/she represents;
that execution ofthe Agreement was duly and regularly authorized bythe party's governing body;
and, that to the person`s best knowledge and belief the Agreement is a binding and enforceable
obligation ofthe party on whose behalf he/she executed his/her signature.
14.17 Entire Agreement. This Agreement constitutes the entire agreement between the patties with
I
respect to the subject matter,and it supersedes any prior agreements on this matter.
i
Signature page tofollow)
3 9
Revised OCC 10-2016
s
F
IN WITNESS WHEREOF,the parties have executed this Memorandum of Agreement as ofthe dates
shown below.
City of South Bend acting through its BoardCity of Indianapolis acting through the
of Public Works("Partici)ating Agency"): Indianapolis Fire Department{"
tine City"):
GaryGil/o t, resident
By
j Ernest V.Malone,Chief IFD
Therese Dorau, ember
Date:
Liza isritzberg, emb r
Elizabeth Maradilc,Member
Sams Mueller,Member
Approved as to form and legality:
AT EST:
By.
U da Martin,Cleric Richard McDennott,
Assistant Corporation Counsel
I
Date: / o / Date:
i
Approved for execution:
I
By:
Fady Qaddoura,City Controller
10
Revised OCC 10-2016
i'
l
ii
EXHIBIT A
ESTABLISHED HOURLY OR DAILY RATES OF PAY
OF COMMITTED PERSONNEL
Name and rank
of Committed Personnel:
Hourly or Daily Rate ofPay:
1
i
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
i
I
Revised OCC 10-201611
f
I
Uanch, "a r nerrr
cV Associates, lnc;.
Land Surveyors M
Professional Engineers
Landscape Architects M
Land Planners
Office: (574)234-4003 / (800)594-4003 Fax: (574)234-4009
1643 Commerce Drive South Bend, IN 46628
Honorable Members of the
City of September 12,2017
South Bend Common Council
4t'Floor County-City Building
South Bend, Indiana 46601
RE: Street Vacation — Western Avenue from Frances Street east 241 feet +/- to
Parry Street, the First North/South Alley east ofFrances Street,between Western
Avenue on the North to the First East/West Alley south of Western Avenue,
South Bend, Indian
Dear Council Members:
On behalf of our clients, we are requesting the approval of the Vacation for all the Public
Streets and Alleys known as Street Vacation—Western Avenue from Frances Street east 241 feet
to Parry Street, the First North/South Alley east of Frances Street, between Western Avenue
on the North to the First East/West Alley south ofWestern Avenue, South Bend, Indiana.
The reason for this request is to allow for the future development of property adjacent to the
the proposed vacated streets and alleys.
If you have any questions concerning this matter, please feel free to give me a call at 234-
4003.
Sincerely,
Michael J. Danch
President
Danch, Harper&Associates Filed in Clerk's Office
File No. 170209
JAN 16 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
4s010T11
d
1316 COUNTY-CITY BUILDING v b PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD W rEncEFAX 574/235-9171
SOUTH BEND.INDIANA 46601-1830
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
BOARD OF PUBLIC WORKS
December 21, 2017
Michael Danch
Danch, Hamer&Associates,Inc.
1643 Commerce Drive
South Bend,IN 46628
RE: Alley/Street Vacation—
Western Avenue from Frances Street running East 175 feet,More or Less
and First North/South Alley East of Frances Street,between Western Avenue on the North and running
South of 198 feet,More or Less,to the First East/West Alley South ofWestern Avenue(Preliminary
Review)
Dear Mr. Danch:
The Board of Public Works, at its December 21, 2017, meeting, reviewed comments by the Engineering
Division, Area Plan Commission, Community Investment, Fire Department, and the Solid Waste Division.
Per Indiana Code 36-7-3-13 criteria, all departments gave favorable recommendations regarding the vacation
of this street/alley.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
alley/street.
Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a
radius map showing properties within 150' ofthe proposed vacation foryour petition to the Common Council.
Once you pick up the radius map,proceed to the City Clerk's office for your alley/street vacation packet.
in rely,
L nda M. Martin,C1 k
c:Federico Rodriguez,Fire Department
Donna Hanson,Engineering
Bianca Tirado, City Clerk's Office
Filed in Clerk's Office
ANN i6 2018
KAREEMAH FOWLER
CITY CLERK,SOUTH BEND,IN
GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DORAU
BILL NO. 06-18
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTIES:
Street Vacation — Western Avenue from Frances Street east 241
feet+/-
to Parry Street, the First North/South Alley east ofFrances
Street, between Western Avenue on the North to the First
East/West Alley south of Western Avenue, South Bend, Indiana
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 1.
The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following properties:
1). Street Vacation—
Western Avenue from Frances Street running east 241 feet more or less to
Parry Street.
2). Alley Vacation—
The First North/South Alley east of Frances Street, between Western
Avenue on the North and running south 198 feet more or less to the First East/West Alley
south of Western Avenue.
hereby determines that it is desirable to vacate said properties.
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 Tax Key Numbers may be injuriously or
beneficially affected by such vacating:
18-6006-0166 18-6006-0166.03 18-6006-0166.02 18-6008-0183 18-6006-0163 18-6008-0189
18-6006-0162 18-6006-0161 18-6006-0160 18-6006-0158 18-6006-0156 18-6008-0190
18-6006-0154 18-6006-0164.
03 18-
6006-0164.02
18-6006-0149
18-6006-0150 18-6013-0297
18-6006-0151 18-6006-0153 18-6006-0164.01 18-6013-0285 18-6013-0286 18-6013-0288
18-6013-0287.01 18-6013-0292 18-6013-0294 18-6013-0297 18-6013-0296 18-6013-0283
18-6013-0295 18-6013-0290 18-6013-0289 18-6008-0184 18-6008-0188 18-6013-0280
18-6013-0281 18-6013-0282
2
SECTION IV. The purpose of the vacation of the real properties is to vacate that portion
of all the Public Alleys and Streets in the described area to allow for the development of some of
the adjacent property.
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.
Tim Scott, Council President
Member of the Common Council
Attest:
Kareemah N. Fowler, City Clerk
Office ofthe City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the
day of 2018, at
o'clock m.
Kareemah N. Fowler, City Clerk
Office ofthe City Clerk
Approved and signed
by me on the
day of 2018, at_o'clock
m.
I
Pete Buttigieg, Mayor
City of South Bend, Indiana
PETITION TO VACATE PUBLIC RIGHTS-OF-WAY
STREETS/ALLEYS)
To the Common Council Date: 9-12-17
ofthe City of South Bend, Indiana
We, the undersigned property owner(s),petition you to vacate:
1). Street Vacation—
Western Avenue from Frances Street running east 241 feet more or less to
Parry Street.
2). Alley Vacation—
The First North/South Alley east ofFrances Street,between Western
Avenue on the North and running south 198 feet more or less to the First East/West Alley
south of Western Avenue.
Tax Key Numbers owned by the Petitioners:
18-6006-0164.02 18-6008-0184 18-6008-0188 18-6008-0189 18-6008-0190 18-6013-0289
18-6013-0290 18-6013-0295 18-6013-0281 18-6013-0282 18-6013-0280 18-6006-0156
NAME(signed&printed) &ADDRESS
or-If e Robe enry Corporation or
enry-W' liams, Inc.
404 South Fr ces Street 404 South Frances Street
South Bend In iana 46624 South Bend, Indiana 46624
S-T-jWe -
7 11,
jfi Li_ fie-l l
Office of
the
City Clerk CONTACT PERSON NAME:
Kareemah Fowler, City Clerk Michael J. Danch
Room 455-County-City Building Danch, Hamer&Associates, Inc.
South Bend, IN 46601 1643 Commerce Drive
574-235-9221 South Bend, Indiana 46628
e-mail: mdanch@danchhamer.com
Filed in Clerk's Office
JAN 16 2018
KAREEMAH FOWLER
CITY CLERK.,SOUTH BEND.IN
018-606 016501K 018 b006 135 01 60060131 018-6108
3858
x,01
i,
018-006-i 1t 5 018-
6006-013 018,6006101.46M018 6006 016502 018-6006=0139018
6006 0145 018'6108-'-3
1""
018-6006-01481.018=60060138, 018=610838
018 1 61
013-6006- 03
018-6006-0166'C 9
018-E 006 0163
a„ 0lo-6)Ot1-0158
6006-01,0
l;l;, X006- 11!56 p
C164
R' Oy 53 x_
48,
61 -
397
018-6006-016602' 1 r+
018-C11-1-1977-3
018-6111;
0 1 87,60 610164)1-n -
r
E b 1-
Li
4L -6013-0 2c._ `<
r
t =
Ci?t
c, _lf t 186013_028 r/1 '
08013-0287)1,
In18
6_C!1028)
M8
T E
18-6013-
0250 N
3-0292`x-"
1,. t
60 29S
C18T%b 029
f k C18 60130297
O1S 6008"0191.
C 18-6013 0299
A
018-63x01 018'60,1 001:
Oj. 018r6013r0300
lZ6:0 401siq,° • 018-6013-0302 0186013-030
t
018-6013
E
d in
t!
18 r
12=t'
270
018-6601'13-0308
8 6090 019801 fkN
i .•-.
ri01818-6 012018 6013' 310
o±
018 6013 311 KAREEM Ytlt
MY CI ERK
o,
w=Nae,. City of South Bend
Dept. of Public Works
Alley Vacation 150' Radius
227 W Jefferson
Blvd.#1316
South Bend,
IN 46601Robert Henry Corporation
Phone: (574) 235-9251 The alley to be vacated is the NS alley 14' in width,
0 150' Buffer running -198' from the S RoW of Western St., E of S.
Address List attached
Francis and W of S. Eddy St.,
And Western Ave. running
Date Prepared:
12/29/2017 DCH
E -183' from E RoW of
S. Francis
St. -20' in width.