Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10-25-10 Council Agenda & Packet
Af"F'ATTIA SOUTH BEND COMMON COUNCIL. MONDAY, OCTOBER 25, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS '7.nn n A/t 10 -58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, HONORING AND PUBLICLY RECOGNIZING THE RICH LIFE AND LEGACY OF THE LATE DR. ROLAND W. CHAMBLEE, SR. 10 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA 10 -60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP, STADIUM PLACE PHASE 11 ANNEXATION AREA 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: (BILLS 30 -10, 53 -10 AND 54 -10 COUNCIL PORTION ONLY) BILL NO. 30--10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 53--10 PUBLIC HEARING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL, DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 54 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 46 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT 4, E. LEROY & PATRICIA YODER, 17904 STATE ROAD 23, SOUTH BEND, INDIANA 46635 47--10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS), 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA 62 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508,976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 63 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 64 -10 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 8. BILLS, THIRD READING TIME: RTT,T, Nt) 30 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS 53 -10 THIRD READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 54 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 62 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508,975.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 53 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $118,414 WITHIN FUND 212 RECEIVED FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S EMERGENCY SHELTER GRANT PROGRAM 64 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 9. RESOLUTIONS BILL NO. 10 -55 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1832 CAMPEAU ST., SOUTH BEND, INDIANA 46617 10 -56 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 925 SOUTH WEBSTER STREET, SOUTH BEND, INDIANA 10 -57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF MAPLE LANE AVENUE & STATE ROAD 23 10 -61 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 926 NORTH ST. PETER STREET AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR MARKUS AND KRUPALI KRUSCHE 10 -62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1016 NOTRE DAME AVENUE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. NICHOLAS & DIANE ENTRIKIN 10 -63 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING AND APPROVING THE ISSUANCE OF RECOVERY ZONE FACILITY BONDS UP TO THE AMOUNT OF $37,150,000 TO DILLINGHAM HILL RE, LLC FOR THE CHASE TOWER PROJECT 10. BILLS, FIRST READING RTT,T. N0_ 66--10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS 67 -10 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE EAST /WEST ALLEY BETWEEN LASALLE STREET AND COLFAX AVENUE LYING WEST OF SYCAMORE STREET, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 60 -10 - REZONING - 3609 WESTERN AVE. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR BEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 0. 15 acres of land containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 34.2% contiguous, generally located at the southeast corner of State Road 23 and Maple Lane Avenue. It is anticipated that the annexation area will be a massage therapy business allowable under "OB" office buffer zoning. This site will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A parcel of land being a part of the West half of Southwest Quarter of Section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southeast corner of Lot 238 Maple Lane Subdivision; thence West along the South line of said Lot 238 and its projection West to the West right -of -way line of Maple Lane Avenue; thence North along said West right- of-way line of Maple lane Avenue and its projection North to the Northwesterly right -of -way line of State Road 23; thence Northeasterly along said Northwesterly right -of -way line of State Road 23 to its intersection with the Northerly projection of the East line of said Lot 238; thence South along the East line of said Lot 238 and its projection North to the place of beginning. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does now hereby establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with sufficient capacity to service this area, with fees for prior main line extensions due upon application for a tap permit, and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. It is required that the annexation area integrate harmoniously with the surrounding residential areas. If redeveloped in the future, it should also be required that neo- tradiitional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with the foregoing conditions may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. NOT APPROVED Member, South Bend Common C 4uncil � Y" C land ound -1 r 41;6 h1kN1'Jje1 L �'L T THE CI'T'Y OF SOUTH BEND FISCAL PLAN ---- - ----- SR 23 & MAPLE LANE ANNEXATION AREA Stephen J. Luecke - Mayor South Bend CiM Council Derek Dieter Henry Davis Jr. Tom LaFountain Ann Puzzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White Prepared By: Division of Community Development 227 W. Jefferson Blvd. Suite 1200 N South. Bend, IN 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Exhibit "A" September 2, 20104E,t4`�.�p 0C i CITY SR 13 & Maple Lane Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION .............................. ............................... 3 SECTION II. GENERAL DATA ................................ ............................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate I. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ..................... ............................... 5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......... 9 SECTION V. FISCAL IMPACT ............................... ............................... 12 Fiscal Impact: TABLE 1 ............................ ............................... 13 SECTION VI. APPROVAL.— ........... ...................................................... . 14 Tax Rate Information: TABLE 2. ...................................................... 15 LegalDescription: . .......................................... .,............................. 16 Map: MAP 1 .... .................................................. ............................... 17 SR 23 & Ma le Lane Annexation ,area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance SECTION II. GENERAL DATA A. Location The Annexation Area is generally located near the southeast corner of State Road 23 and Maple Lane Avenue (17904 Maple Lane Avenue) See Map I. B. Legal Description The Annexation Area is Lot 238 one recorded plat of the Maple Lane Subdivision. The complete legal description with adjacent Right of Way is forthcoming. The complete legal description will be found on Page 15 when available. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiquous 34.2% Non-Conti guous 65.8% Total 100% D. Size of Annexation Area The Annexation Area is 0.15 acres in area. E. Buildings and Land Use The property is currently zoned "OB" Office Buffer in the County, and is a residence converted to a commercial use. SR 23 &;!4a 'Cie Lane Annexation Area 4 F. Zoning & Subdivisions Property owner is seeking annexation and rezoning to enable use not permitted in OB in the County (Message Therapy) but is permitted in OB in the City per the County /City Zoning Administrator. G. Population Zero (0) persons currently reside in the Annexation Area, and no residents are proposed to live in the Annexation Area. H. Tax Rate Per HEA 1001 the tax rates caps for different classifications of property are as follows regardless of being within South Bend or unincorporated St. Joseph County: Property ELoperty Type 2009 After 2009 Homestead 1.5% 1.0% Non - Homestead Residential 2.5% 2.00/o A ricultural 2.5% 2.0% Other commercial 3.50/b 3.00% 1. Assessments 2009 payable 2010, St. Joseph County Auditor property tax records: Land and Improvements Net: $107,400 J. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this Annexation. SR 2.3 & Maple Lane Annexation Area 5 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - No sewer lines abut the property. The nearest sewer available is on Roosevelt Street to the south, extension of that sewer, if desired, would be at the petitioners expense. Water - The South Send Water Works currently has a 12" main on State Road 23. There is also an 8" water main on the west side of Maple Lane with more than adequate capacity for the annexation area. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36 -9 -22- 2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - No additional street lighting will be necessary. Waivers of Annexation - The owner has signed a Waiver of Right to Remonstrate Against and Consent to Annexation as a condition of connection to the public water supply. . Streets - No new public streets have been proposed as part of this annexation. Drainage Plan - The site is currently well- drained by the State Road 23 drainage system. General Budget Analysis 2008 Actual Budget Report for the Department: Expenditures: $6,303,240 Miles of Roadway in City: @480 Cost per Mile: @$13,131.75 New Mileage within Area: @.00 miles (feet) Estimated Maintenance cost for Annexation Area per year: @$0 B. Police Department The Annexation Area would be expected to be added to the already existing BEAT 11. police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as SR 23 & Maple .Lane Annexation area 6 all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area. Number of new Parcels: Cost for Annexation Area per year: $562 (1 C. Fire Department $27,354,426 @42,908 @637.51 @48,685 @$562 0 1 parcel x $562 cost /parcel) Fire Response - The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 2.9 miles away and Fire Station # at 2520 Mishawaka Ave., which is approximately 3.00 miles away and Fire Station #1 at 1222 S. Michigan which is approximately 3.7 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation, Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area, Adequate water supply will be necessary as development takes place. Emergency Medical Response -.The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive, which is approximately 2.6 miles away and Medic #2, located at Fire Station #1, 1222 S. Michigan St. Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. SR 23 & Maple Lane Annexation Area 7 Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement Fire Department ___EMS Fund Fire Pension Fund $21,819,894 $1,013,542 $5,688,519 @42,908 1 Cost for Annexation Area per year: @$509 @$24 @$33 @48,685 @$448 @$21 @$117 0 1 $448 $21 $117 Total Per Year Cost: $586 The Annexation Area will be added to Area 4. 2008 Actual Budget Report for the Department: Expenditures: $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $47 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain multi - family residential units. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single- family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Tri -plex: $22.56 per month Quad: $23.80 per month Recycling fee: $1.97 per month F. Administrative Services SR 23 c& Male Lane Annexation Area 8 The City of South Bend provides a wide range of services other than those noted above, such as the Mayor =s office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county -wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County /South Bend Building Department are some of the county -wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County -wide services will continue to be supported by the County and Township tax rates that will remain in effect. SR 23 & Maple Lane Annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA The proposed Annexation Area is located on the relatively busy State Road 23 commercial corridor and is northeast of the State Road 23 and Ironwood commercial node. To the west of the Annexation Area there is bank zoned "LB" local Business in the City. To the north and east of the Annexation Area there are a variety of business or office uses in the County. To the south of the Annexation Area is a residential area in the County. This proposed annexation is being annexed "as -is" insofar as the current structure wi[I remain. The structure was originally a single family home with a detached garage, and was converted to "OB" Office Buffer use in the County. Per the City /County Zoning Administrator the proposed message therapy business use is allowed in "OB" in the City of South Bend, but not in St. Joseph County. As the Annexation Area is contiguous to the City and utilizing City water services the owners of the property are seeking annexation and rezoning into the City instead of seeking a rezoning in the County. In consideration of maintaining a positive balance between the commercial uses on the commercial corridor and the residential areas to the north and south, it is recommended that as a condition of rezoning and annexation that the business limits its hours of operation from Six (6) AM to Ten (10) PM. SR 23 & Maple Lane Annexation Area 10 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and /or owner of the parcels must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2008 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Property tax revenues based upon full implementation of HEA 1001. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. SR 23 & Maple Lane Annexation Area 11 TABLE 1 Summary Table s Estimated Fiscal Impact Expenditures Capital (est.) Non - Capital 5 -Year Per Year (est.) Sewer Extension $0.00 To be installed by $0.00 developer Water Extension $0.00 To be installed by $0,00 developer To be Street Lights $0.00 installed by $0.00 developer Police $0.00 $562 $2,810 Fire &EMS $0.00 $586 $2,930 Code $0.00 $47 $235 Street Maintenance 0.00 $0 $0 Street Construction $0.00 To be installed by $0,00 developer Approximate 5 -Year Cost $5,975.00 Revenues Tax Year @ Property Taxes unincorporated (est) (year 1; 2011) $3,765 (year 2; 2012) $7,530 (year 3; 2013) $11,295 (year 4; 2014) $15,060 (year 5; 2015) $18,825 Note. All Revenues estimated & cumulative MVH /LRSA estimated from revenue /mile X 5 years $0 @$11,340 Total $18,225 A. Revenue estimate based on $107,400 net assessment at capped commercial tax rate of 3% plus the Exempted Tax Rate of 0.5 %. SR 23 & Maple Lane Annexation Area 12 SECTION VI. APPROVAL. Approved by the City of South Bead Common Council this day of 2010. SR 23 & Ma le Lane Annexation Area 13 LEGAL DESCRIPTION A parcel of land being a part of the West half of Southwest Quarter of Section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southeast corner of Lot 238 Maple Lane Subdivision; thence West along the South line of said Lot 238 and its projection West to the West right -of -way line of Maple Lane Avenue; thence North along said West right -of -way line of Maple lane Avenue and its projection North to the Northwesterly right-of-way line of State Road 23; thence Northeasterly along said Northwesterly right -of -way line of State Road 23 to its intersection with the Northerly projection of the East line of said Lot 238; thence South along the East line of said Lot 238 and its projection North to the place of beginning. uF.. SR 23 & Maple Lane Annexation Area 14 Map I Division of Community Development State Road & Maple Lane A,ugu�t., 2010 NUENC==�� Feet �WAIIVM-.... Annexation Area 0 10 20 40 60 80 NORTH' " "' Note: Map does not include adjacent ROW included in Annexation Area. Howe the description is accurate. r j��\ �-o , to -(0o RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STADIUM PLACE PHASE II ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.04 acres of land containing single family structures, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue). it is anticipated that the annexation area will be developed for one, three- story, multi - family buildings with a total of 21 units. This development will require a basic level of municipal public services of a non - capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non- capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # I I ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140,00± FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70± FEET MORE OR LESS; THENCE WEST 60.00± FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40± FEET MORE OR LESS; THENCE EAST 60.00± FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.47± FEET MORE OF LESS; THENCE WEST 356.00± FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Section II. It shall be and hereby is declared now and established that it is the policy of the City of South Bend, to furnish to said territory services of a non- capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section N. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard, the annexation and rezoning is subject to the following condition: the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Furthermore, it is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo- traditional buildingisite design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with all the conditions set forth in this Section IV may result in the City's repeal of annexation. Section V. This Resolution shall be effective from and of the date of adoption by the Common Council and approval by the Mayor. POT AP'rROV,Erls WPTED Member, South Bend Common Co it �b;Yf1s�kaY?rtr u�i¢r&e 0 jrk' VOORDE THE CITY OF SOUTH BEND FISCAL PLAN STADIUM PLACE PHASE Ii ;ANNEXATION AREA Stephen J Luecke - Mayor South Bend Ci jy Council Derek Dieter Henry Davis Jr. Tom LaFountain Ann Puzzello David Varner Oliver Davis Al Kirsits Timothy Rouse Karen White Prepared By: Division of Community= Development 227 W. Jefferson Blvd. Suite 1200 N South Bend, 1N 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Exhibit "A" September 2, 2010 t �r'c, Mice 0 C 1 3 2010 C9'"! Stadium Place Annexation Area 2 TABLE OF CONTENTS SECTION I. INTRODUCTION .............................. ............................... 3 SECTION II. GENERAL DATA........... ..................... ............................... 3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings and Land Use F. Zoning & Subdivisions G. Population H. Tax Rate 1. Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES ..................... ............................... 5 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA .......... 9 SECTION V. FISCAL IMPACT ............................... ............................... 12 Fiscal Impact: TABLE 1 ............................ ............................... 13 SECTION VI. APPROVAL... .............................. ..................................... 14 Tax Rate Information: TABLE 2 ........................ ............................... 15 LegalDescription: .... ....................................... ............................... 16 Map: MAP 1 ...................................................... ............................... 17 Stadium Village Annexation Area 3 SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in Clay Township, St. Joseph County, Indiana (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance Please note that this Fiscal Plan has been revised to reflect changes in the size of the Annexation Area per the petitioner's request. 54739 Willis Avenue was removed from the Annexation Area. It is anticipated that this property will be annexed at a later date for inclusion into the overall Stadium Place development. SECTION II. GENERAL DATA A. Location The Annexation Area is generally located near the northwest corner of Vaness and Willis Avenue (54703 & 54719 Willis Avenue) See Map 1. B. Legal Description The Annexation Area is part of the Southeast quarter of Section 31, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana. For a complete legal description see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5°/x) contiguous to the current City limits: Continuous 28.4% Non - Contiguous 71.6% Total 100% D. Size of Annexation Area The Annexation Area is 1.04 acres in area. E. Buildings and Land Use Stadium Village Annexation Area 4 The properties are currently single - family residential in the County. F. Zoning & Subdivisions Stadium Place Developers LLC are seeking annexation and rezoning to Planned Unit Development 'PUD" into the City for the purposes of receiving municipal services for the development of 21 rental units in one three -story buildings. This is in addition to three existing structures, with 90 rental units, in the City that are included in the PUD rezoning. G. Population Per developer plans, it is anticipated that a minimum of 42 residents will reside in the Annexation Area. H. Tax Rate Per HEA 1001 the tax rates caps for different classifications of property are as follows regardless of being within South Bend or unincorporated St. Joseph County: Property Type 2009 After 2009 Homestead 1.5% 1.0% Non - Homestead Residential 2.5% 2.0% Agricultural 2.5% 2.0% Other commercial 3.5% 3.0% 1. Assessments 2009 payable 2010, St. Joseph County Auditor property tax records: Land and Improvements Net: $206,900 J. Municipal Legislative District The Annexation Area will be in the 4th District. K. Hiring Plan It is anticipated that this annexation will not result in the elimination of jobs for employees of any other governmental entities. The Clay Township Trustee has been notified of this Annexation. Stadium Village Annexation Area 5 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A ten inch diameter public sanitary sewer was installed in Vaness Street during the construction of the Stadium Village development. Four 6 inch diameter sewer taps were included in that work. The Phase II development will use these taps to connect to the existing sanitary sewer. Revenue from customers on this sewer will be sufficient to operate and maintain the facility without burden to other ratepayers. Water - The South Bend Water Works currently has a 6" main on the west side of Willis Avenue that will provide sufficient capacity for the annexation area Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36 -9 -22- 2, I.C. 8 -1.5 -3 and 4, and the rules and regulations of the South Bend Water Works and Sewer Utility. Street Lighting - The developer of this property will be required to install a street lighting system. Additional revenue to the General Fund from this annexation area will be sufficient to pay for street light operations. Waivers of Annexation -- No waivers of annexation. are in effect for the Annexation Area. Streets _ No new public streets have been proposed for this development. Approximately 270 feet of Willis Avenue will be annexed. Thus, 400 feet of the street will be within the City. Maintenance of this street segment will be included in the working agreement between South Bend and Saint Joseph County to share routine maintenance activity on boundary areas. Drainage Plan - Drainage facilities will be required to be constructed by the developer and meet the latest City of South Bend standards. General Budget Analysis 2008 Actual Budget Report for the Department: Expenditures: $6,303,240 Miles of Roadway in City: @480 Cost per Mile: @$13,131.75 New Mileage within Area: @.007miles (feet) Estimated Maintenance cost for Annexation Area per year: @$92 B. Police (Department The Annexation Area would be expected to be added to the already existing BEAN 11. Police patrols, traffic enforcement, and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area to this beat. At this time it is not expected that this annexation would cause calls for service to increase significantly and it is not anticipated that it will be necessary to increase police patrols beyond Stadium VillageAnnexation area 6 1 � _ .IIIIIIIIIIIII II �I�11111 r Il!!lI�I .IIIAIA9M the already existing beat patrol at this time. The area under consideration is not expected to cause any unusual problems. At the present time the cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. However, this area, as well as all other areas of the City, will continually be monitored for level of service demands and other criteria that would necessitate additional resources through budgetary increases or possibly shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable and consistent with that as in all other areas of the City. Police coverage to this area could begin immediately upon annexation and coordination of the conversion of the 911 emergency phone system for that area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department. Expenditures: $27,354,426 Number of Households in City (2000): @42,908 Cost per Household: @637.51 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$562 Proposed Number of Households in Area: 21 Number of new Parcels: 2 Cost for Annexation Area per year: $1,124 (2 parcels x $562 cost /parcel) C. Dire Department Fire Response - The City provides a fully staffed, full time fire department housed in 12 fire stations strategically located throughout the city. The Annexation Area will be serviced primarily by Station #3, located at 1805 McKinley Avenue, approximately 1.9 miles away. Additional Fire Department units would respond from Fire Station #2 located at 430 Dr. Martin Luther King Drive which is approximately 2.9 miles away and Fire Station # at 2520 Mishawaka Ave., which is approximately 3.00 miles away and Fire Station #1 at 1222 S. Michigan which is approximately 3.7 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Adequate water supply will be necessary as development takes place. Emergency Medical Response - The City, under contract with St. Joseph County, provides emergency medical response to the unincorporated areas of St. Joseph County. Of the seven ambulances currently in service, 3 are dedicated for response to the unincorporated areas. These are Medic Units #10, 11, and 12. The Annexation Area is currently being serviced by Medic #11, located at Fire Station #11 at 3505 N. Bendix. Upon incorporation, the Annexation Area will be serviced by Medic #3, located at Fire Station #2, 430 Dr. Martin Luther King Drive, which is approximately 2.6 miles away and Medic #2, located at Fire Station #1, 1222 S. Michigan St. Stadium Village Annexation Area 7 Emergency medical response will continue to be provided by the City of South Bend. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2008 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2008): Cost per Parcel: Proposed Number of Households in Area Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement Fire Department EMS Fund Fire Pension Fund $21,819,894 $1,013,542 $5,688,519 @42,908 2 Cost for Annexation Area per year: @$509 @$24 @$33 @48,685 @$448 @$21 @$117 21 2 $896 $42 $234 Total Per Year Cost: $1,172 The Annexation Area will be added to Area 4. 2008 Actual Budget Report for the Department: Expenditures: $2,294,102 Number of Parcels in City (2008): @48,685 Cost per Parcel: @$47 Proposed Number of Parcels in Area: 2 Cost for Annexation Area per year: $94 E. Environmental Services Wastewater Treatment - Wastewater treatment services are supported by user fees, and are paid through the Water Works billing system. Solid Waste - Industrial, commercial and apartment customers are not served by the Bureau of Solid Waste. The annexation will contain multi- family residential units. These uses will have centralized waste collection locations. A licensed private waste hauler will be required to serve these developments. As single - family, duplex units are constructed, The Division of Environmental Services could service them at the rates noted below. For reference purposes, the following Bureau of Solid Waste rates apply for residential customers effective September 1, 2008: Single family rate: $10.56 per month Senior rate: $ 6.34 per month Duplex rate: $16.56 per month Stadium Pillage Annexation Area 8 Tri -plex: $22.56 per month Quad: $23.80 per month Recycling fee: $1.97 per month P. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayors office, the Legal Department, and the Parks & Recreation. These services are available upon the effective date of the Annexation. Full and dedicated response for non - capital services will be in place within one year of the effective date of the Annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county -wide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission and the St. .Joseph County /South Bend Building Department are some of the county -wide agencies and their services that will continue to provide the same type and level of services to the Annexation Area. County -wide services will continue to be supported by the County and Township tax rates that will remain in effect. Stadium f lla e annexation Area 9 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA As with any new development, the proposed use and development of this site becomes important relative to its relationship with the existing, surrounding uses. City Plan, South Bend's comprehensive plan, notes that Land use relationships, pedestrian movement /safety and vehicular site access are important elements to be addressed in developments of all kinds. City Plan also expresses a need to consider how buildings relate to the street. Building design that is sensitive to massing, shape, scale and finishes will ensure that private development will enhance and reinforce the City's commitment to development and design of the highest quality. Land Use - Transportation Analysis Just to the north is the site of the large scale condo development of Irish Crossings in unincorporated St. Joseph County. Properties to the south, east, and west of the Annexation Area also feature recently developed medium to high density condo and rental units. The busy State Road 23 commercial corridor is just east of the Annexation Area. The plans that have been unveiled represent one distinctively designed 3 -story building totaling 21 units, which will complement the existing three building with 90 units at Stadium Place. The buildings set -backs and massing are appropriate for the area, and enclose an interior parking area from view. Due to the close proximity of the University of Notre Dame, it is anticipated that additional requests to build medium density residential and limited mixed -use development will occur in areas north of the annexation area. The City Plan Land Use Map notes that the area between Willis and Ivy Road should be used for medium density residential development. Given the surrounding zoning and development patterns, the proposed "PUD" zoning classification request is appropriate for the annexation area. However, more detailed land use planning is needed for areas to the north of Vaness Street to ensure that future development occurs in an appropriate fashion. Development Criteria If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger open space network. It should also be required that neo- traditional building /site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible duality. It is required that the annexation area integrate harmoniously with the surrounding residential areas. The building materials, set -backs and other site elements and amenities for the proposed developments within the annexation area appear to honor neo- traditional design fundamentals. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard the annexation and rezoning is subject to the following conditions; 1) the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Stadium Yilluge Annexation Area 1 D Building plans and other information to satisfy these requirements must be submitted by the developer to the City as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Stadium Village Annexation Area 11 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and /or owner of the parcels must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City will be completed within the time frames provide by State law and this fiscal plan. S) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of: 2007 payable 2408 tax rates, taxes paid in previous years by a comparable development, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Property tax revenues based upon full implementation of HEA 1001. 7) Department expenditures and revenues are derived from the City of South. Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services will not be required or possibly requested for many years. Hence, the cost of providing services over the first five should be evaluated with this in mind. Stadium 1ji11a e Annexation Area 12 TABLE 1 Summary Table s Estimated fiscal Impact Expenditures Capital (est.) Non - Capital 5 -Year Per Year (est.) Sewer Extension $0.00 To be installed by $0.00 developer Water Extension $0.00 To be installed by $0.00 developer To be Street Lights $0.00 installed by $0.00 developer Police $0.00 $1,124 $5,620 Fire &EMS $0.00 $1,172 $5,860 Code $0.00 $94 $470 Street Maintenance 0.00 $92 $460 Street Construction $0.00 To be installed by $Q.00 developer Approximate 5 -Year Cost $12,410.00 Revenues Tax Year @ Property Taxes unincorporated (est) (year 1; 2011) 06/09 $42,000 (year 2; 2012) 07/10 $84,000 (year 3; 2013) 08/11 $126,000 (year 4; 2014) 10/12 $168,000 (year 5; 2015) 11/13 $210,000 Note; All Revenues estimated & cumulative MVH /LRSA estimated from revenue /mile X 5 years $429 @$11,340 Total $210,429 A. Revenue estimate based on $100,000 average per unit assessed value for 21 rental units, taxed at two percent of assessed value. Stadium 2 lage Annexation Area 13 B. Total estimated assessed value: $2,100,000 (21 x $100,000.00) C. Total estimated per year tax revenue: $42,000 ($2,100,000 x 0.02) Stadium Viida e Annexation Area 14 SECTION VI, APPROVAL Approved by the City of South Bend Common Council this day of 2010. F 117-1 in kCI 0 T 2010 CIT V Stadium Village Annexation Area 15 LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 27 IN THE PLAT OF "VANESS PLAT" AS RECORDED IN PLAT BOOK # I I ON PAGE # 13 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 140.00± FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 14.70± FEET MORE OR LESS; THENCE WEST 60.00± FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID WEST LINE 79.40± FEET MORE OR LESS; THENCE EAST 60.00± FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG EAST LINE OF WILLIS AVENUE A DISTANCE OF 50.47± FEET MORE OF LESS; THENCE WEST 356.00± FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 1.04 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. Stadium Village Annexation Area 16 ti is 9 Map I ANNEXATION DIAGRAM --- ---- -- do-' R/W UNE lyw LINE — - — - — - — - — - — - — - — - — C/T. 9tmD2Tm azm=x W 1�1- UNLI 4_�_ . 0�n_ i .1 i "I ---------------- P.O.B.— L Z7E _;WCu�_mlr'&UV WT—i REVISED 9/22/10 100, I SCALE I-- TOO" Land Surveyors - Professional Engineers Landscape Archtt*cW• Land Planners (574)234-4003 / (800)594-4GQ3 • Fo.� (574)254 -4110 1643 C.--.—. D,;— • South Bend. IN 46628 9 in A C> >F 4.70':L F"W'd In clowfer, SEA' 24 7010 01fice oC-i 1 '3 2010 '011 cl c L A- Substitute Bill No. 30 -10 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF ARTICLE 9, OF CHAPTER 2 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING THE HUMAN RIGHTS ORDINANCE BY THE INCLUSIONS OF NEW PROVISIONS ADDRESSING EMPLOYMENT FAIRNESS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana, has long been a respected leader in the area of municipal legislation in the State of Indiana, and thus, it has been determined that the current South Bend Human Rights Ordinance should be amended to prohibit employment discrimination based on sexual orientation or gender identity, and to provide remedies for such discrimination occurring within the city limits. Presently, under Mayor Stephen J. Luecke's Executive Order issued in 2009, persons employed by City of South Bend are protected from job discrimination due to sexual orientation, gender identity, and persons employed by the State of Indiana enjoy similar rights under Governor issued Executive Orders. It is fair, reasonable, and appropriate that citizens of South Bend who work for other employers within the City receive the same protection. South Bend is committed to the principle that all persons within this City be recruited, hired, developed, promoted, and treated as employees on the basis of individual merit and ability. To achieve this objective, by guaranteeing the right of nondiscrimination in employment without reference to a person's sexual orientation and/or gender identity, it is necessary to amend South Bend's Human Rights Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 9 of the South Bend Municipal Code shall be amended to read in its entirety as follows: ARTICLE 9. HUMAN RIGHTS ORDINANCE. Sec. 2 -126. Short Title. This article shall be known as the South Bend Human Rights Ordinance. Sec. 2 -127. Purpose. (a) It is the public policy of the City of South Bend to provide all of its citizens equal opportunity for education, employment, access to public conveniences and accommodations, and acquisition through purchase or rental of real property including, but not limited to, housing, and to eliminate segregation or separation based on race, religion, color, sex, disability, national origin or ancestry, sexual orientation or „gender identity in a IgMent, and familial status in housing, since such segregation is an impediment to equal opportunity. Equal education and employment opportunities and equal access to and use of public accommodations and equal opportunity for acquisition of real property including but not Iimited to housing are hereby declared to be civil rights. (b) The practice of denying these rights to properly qualified persons by reason of race, religion, color, sex, disability, national origin or ancestry, sexual orientation or gender identit y in the matter of employment, or familial status in the case of housing of such person is contrary to the principles of freedom and equal opportunity, and is contradictory to the objectives of the public policy of this City and shall be considered discriminatory practices. The promotion of equal opportunity without regard to race, religion, color, sex, disability, national origin or ancestry, sexual orientation or gender identity-in the matter of employment or familial status in the case of housing, through reasonable methods is the purpose of this Article. (c) It is also the public policy of this City to protect employers, labor organizations, employment agencies, property owners, real estate brokers, builders, builders and lending institutions from unfounded charges of discrimination. See, 2- 127.1. Prohibited Conduct. (a) No person shall discriminate against any other person in education, employment, access to public conveniences and accommodations based on race, color, sex, disability, national origin, ancestry, or sexual orientation or gender identity in the matter of employment. Nor shall any person deny any other person equal opportunity for education, employment, access to public conveniences and accommodations based on race, religion, color, sex, disability, national origin, ancestry or sexual orientation or _ gender identity_ _ in the matter of employment. Such discrimination or denial of equal opportunity shall be an unlawful practice. (b) No person shall refuse to sell or to rent after the making of a bona fide offer; refuse to negotiate for the sale or rental or otherwise make unavailable or deny a dwelling; or otherwise discriminate against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, or national origin. Conduct in violation of this section shall be an unlawful practice. (c) No person may coerce, intimidate, threaten or interfere with any other person: (1) In the exercise or enjoyment of any right granted or protected by this chapter; or (2) Because the person has exercised or enjoyed, or has aided or encouraged another person in the exercise or enjoyment of, any right granted or protected by this chapter. [P.L. 66- 1990, § 2.] 2 (d) No person shall commit any other discriminatory practices as defined in any other section of this Article. (e) Protections in this Article a ainst discrimiato ractices with regard to sexual orientation or gender identity shall not apply to decisions of an employer which is a religious society or order, association, organization, institution or related entily when such protections affect the defi nition,.- advancement of the missions), practice(s) or belief(s) of such religious society or order, association, organization, institution or related entity charaed with the implementation of such decision or decisions, and no requirement of this article shall compel gay person to act in a. manner contrary to that which has been granted specific protection by the United States Supreme Court in BoScouts ofAmerica and Monmouth Council, et al. v. Dale,. 530 U.S. 640 (2000). (f) The protections in this Article against discriminate ractices regarding sexual orientation or gender identit y in MloyLnent shall not be construed to require that health care laps insurance, pension, or similar additional benefits provided by employers and benefiting the spouses of employees be extended to non - married domestic partners of an em to ee. (e) W This Article shall be construed broadly to effectuate its purpose. See. 2 -128. Definitions. (a) The term "Commission" shall mean the South Bend Human Rights Commission. (b) The term "director" shall mean the Director of the South Bend Human Rights Commission. (c) The term "Commission attorney" shall mean the City Attorney or such assistants of the City Attorney as may be assigned to the Commission, or such other attorney as may be engaged by the Commission with the consent of the City Attorney. (d) The term "employee" shall mean any person employed by anther for wages or salary; provided, that it should not include any person employed by his or her parents, spouse or child. (e) The term "employer" shall include the City of South Bend, or any department thereof, and any person having six (G) or more employees within the State of Indiana and doing business within the City, except that the term does not include: (1) Any bona fide private membership club (other than a labor organization) which is exempt from taxation under Section 501(c) of the Internal Revenue Code of 1954; (2) Any school, educational or charitable institution owned or conducted by or affiliated with a church or religious institution to the extent that the school, educational or charitable institution hires employees of a particular religion; (3) Any office, officer, board, commission, department, division, bureau, committee, fund, agency, and, without limitation by reason of any enumeration herein, any other instrumentality of the State of Indiana, any hospital, any penal institution and any other 3 institutional enterprise and activity of the State of Indiana, wherever located; the universities supported in whole or in part by State funds; and the Judicial Department of the State of Indiana. (f) The term "employment agency" shall mean any person undertaking, with or without compensation, to procure, recruit, refer or place employees. (g) The term "labor organization" shall mean any organization which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment or of mutual aid or protection in connection with employment. (h) The term "educational institution" shall mean all public and private schools and training centers except those affiliated with religious institutions, only insofar as they may give preference to members of their religious group in selecting their students, except that they shall not discriminate on the basis of race, color or national origin. (i) The term "discriminatory practice" shall mean the exclusion of a person by another person from equal opportunity or a system which excludes persons from equal opportunity in employment, education, public conveniences and accommodations because of race, religion, color, sex, disability, national origin, of ancestry, or sexual orientation or gender identity in the matter of eMployment. A discriminatory practice also means the refusal to sell or rent after the making of a bona fide offer; the refusal to negotiate for the sale or rental or otherwise making unavailable or denying, or otherwise discriminating against any person in the terms, conditions, privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, familial status, disability, or national origin. A "discriminatory practice" shall also include the following: 1. Advertising for the sale or rental of a dwelling in a manner that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, or national- origin; 2. Falsely representing that a dwelling is not available for inspection, sale, or rental based on race, color, religion, sex, disability, familial status, or national origin; 3. Coercion, intimidation, threats, or interference with any person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other person in the exercise of enjoyment of any right granted or protected by sections 2- 128.1, 2- 128.2, 2- 128.3, 2 -128.4 or 2 -128.5 of this chapter; 4. Blockbusting based on representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin; 4 5. Discrimination because of race, color, religion, sex, disability, national origin, or familial status by persons or entities whose business includes engaging in residential real estate transactions in the making of a loan or the granting of financial assistance for residential real estate, in the selling, brokering or appraisal of residential real estate, or by the denial of access to or participation in a multiple - listing service or other real estate broker organization or services. Every discriminatory practice relating to the acquisition or sale of real property, education, public accommodations or employment shall be considered unlawful unless it is specifically exempted by this Article. 0) "Public accommodation" shall mean any establishment, organization or authority which caters or offers its services or facilities or goods to the general public, including, but not limited to, motels, hotels, theaters, stores, public restaurants, public library services, and public recreational services and facilities. (k) "Charging party" shall mean any individual charging on his own behalf to have been personally aggrieved by a discriminatory practice or the Director of the Commission with the approval of the full Commission charging that a discriminatory practice was committed against a person other than himself or a class of people in order to vindicate the public policy of the City of South Bend as defined in sections 2 -127, 2- 128.1, 2- 128.2, 2- 128.3, 2 -128.4 and 2 -128.5 of this Article. (1) "Charge" shall mean any written grievances filed by a charging party with the Commission. The original shall be signed and verified before a notary public or other person duly authorized by law to administer oaths and take acknowledgments; notarial service shall be furnished by the Commission without charge. To be acceptable by the Commission a charge shall be sufficiently complete so as to reflect properly the full name and address of the charging party; the name and address of the respondent against whom the charge is made; the alleged discriminatory practice and a statement of the particulars thereof; if of a continuing nature, the dates between which said continuing acts of discrimination are alleged to have occurred; and a statement as to any other action, civil or criminal, instituted in any other form based upon the same grievance as is alleged in the charge, together with a statement as to the status or disposition of such other action. No charge based upon discrimination in housing and housing related transactions as prohibited by this act shall be valid unless filed within one (1) year from the date of the alleged act. No charge based upon any discrimination other than housing and housing related transactions shall be valid unless filed within ninety (90) days from the date of the alleged act, or from the date of the termination of a published and mcaningful grievance procedure provided by a respondent employer, or labor union. (m) "Respondent" shall mean any person against whom a charge is filed. (n) "Consent agreement" shall mean a formal agreement entered into in lieu of adjudication. (o) "Affirmative action" shall mean those acts which the Commission deems necessary to assure compliance with the South Bend Human Rights Ordinance. 5 (p) The term "sex" as it applies to segregation or separation in this article shall apply to all types of employment, education, public accommodation and housing. (q) "Disabled" or "disability" means, with respect to a person: (1) A physical or mental impairment that substantially limits one (1) or more of the person's major life activities; (2) . A record of having an impairment described in subdivision (1); or (3) Being regarded as having an impairment described in subdivision (1). The term does not include current illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802). The term does not include an individual solely because the individual is a transvestite. (r) "Person" means one (1) or more individuals, partnerships, associations, organizations, corporations, labor organizations, cooperatives, Iegal representatives, trustees, trustees in bankruptcy, mutual companies, joint -stock companies, trusts, unincorporated organizations, trustees, receivers, fiduciaries and other organized groups of persons. (s) "Familial status" means that the person who is the subject of discrimination is: (1) Pregnant; (2) Domiciled with an individual younger than eighteen (18) years of age in regard to whom the person: (A) is the parent or legal custodian; or (B) Has the written permission of the parent or legal custodian for domicile with that person; or (3) In the process of obtaining legal custody of an individual younger than eighteen (18) years of age. (t) "To rent" includes to lease, to sublease, to let, or to otherwise grant for a consideration the right to occupy premises not owned by the occupant. (u) "Dwelling" means: (1) Any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or (2) Any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1). M (v) "Secretary" means the Secretary of Housing and Urban Development. traditionally associated with the individual's assigned sex at birth. W "Sexual orientation" means an individual's actual or perceived identi or practice as a lesbian woman, gay man, bisexual person or heterosexual_ person. Sec. 2- 128,1. Prohibited Notices, Statements, Advertisements, or Representations in Housing. (a) A person may not make, print, or publish or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make such a preference, limitation, or discrimination. (b) A person may not represent to any person because of race, color, religion, sex, disability, familial status, or national origin that a dwelling is not available for inspection, for sale, or rental when the dwelling is so available. (c) A person may not, for profit, induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into a neighborhood of a person or persons of a particular race, color, sex, disability, religion, familial status or national origin. Sec. 2- 128.2. Handicapped DisabiIi Discrimination in Housing. (a) A person may not discriminate in the sale or rental or otherwise make unavailable or deny a dwelling to any buyer or renter, nor may a person discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of- (1) The buyer or renter or person; (2) A person residing in or intending to reside in the dwelling after the dwelling is sold, rented, or made available; or (3) Any person associated with the buyer or renter or person. (b) For purposes of this section only, discrimination includes the following: (1) A refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises. 7 (2) A refusal to make reasonable accommodations in rules, policies, practices or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling. (3) In connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct those dwellings in a manner that: (A) The public use and common use parts of the dwellings are readily accessible to and usable by disabled persons; (B) All the doors are designed to allow passage into and within all premises within the dwellings and are sufficiently wide to allow passage by disabled persons in wheelchairs; and (C) All premises within the dwellings contain the following features of adaptive design: 1. An accessible route into and through the dwelling; 2. Light switches, electrical outlets, thermostats, and other environmental controls in accessible locations; 3. Reinforcements in bathroom walls to allow later installation of grab bars; and 4. Usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space. (c) As used in subsection (b), "covered multifamily dwellings" means: (1) Buildings consisting of.four (4) or more units if the buildings have one (1) or more elevators; and (2) Ground floor units in other buildings consisting of four (4) or more units. (d) Compliance with the rules of the fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people (ANSIA117.1) satisfies the requirements of subsection (b)(3)(C). (e) This section does not require that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. [P.L. 66 -1990, § 2.] 8 Sec. 2- 128.3. Loans or Financial Assistance. (a) As used in this section, "residential real estate related transaction" means the following: (1) Making or purchasing loans or providing other fmancial assistance: (A) To purchase, construct, improve, repair, or maintain a dwelling; or (B) Secured by residential real estate. (2) Selling, brokering, or appraising residential real property. (b) A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available, or in the terms or conditions of a real estate related transaction because of race, color, religion, sex, disability, familial status, or national origin. [P.L. 66 -1190, § 2.] Sec. 2- 128.4. Brokers' Organizations, Services, or Facilities. A person may not deny any person access to, or membership or participation in, a multiple - listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, sex, handicap, familial status, or national origin. [P.L. 66 -1990, § 2.] Sec. 2- 128.5. Elderly );lousing Exception to Discrimination Based on Familial Status. (a) The denial of housing rights and opportunities based on familial status as prohibited by this article shall not apply to housing intended for and solely occupied by persons over sixty -two (62) years of age or older or which is designed and operated to assist elderly persons under a federal or state program. If there are persons living in such housing under age sixty -two (62), this exception applies provided that: (1) All occupants after September 13, 1988 are at least sixty -two (62) years old; (2) Any unoccupied units are reserved for occupancy by persons at least sixty -two (62) years old; and (3) Any persons under age sixty -two (62) occupying said housing after September 13, 1988 are employees of the housing and their family members residing in the same unit, and such employees perform substantial duties directly related to the management or maintenance of the housing. 0 (b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. See. 2- 12$,6. Single - Family and Small Unit Exception. (a) Except for the prohibition against the making, printing or publishing of a sale or rental notice containing discriminatory preference or limitation as set forth in section 2- 128,1(a) of this article, no other prohibition concerning housing or housing related practices shall apply to: (1) Any single - family house sold or rented by an owner: Provided, that such private individual owner does not own more than three (3) such single - family houses at any one time: Provided further, that in the case of the sale of any such single - family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty -four- month period: Provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single - family houses at any one time: Provided further, that after December 31, 1969, the sale or rental of any such single - family house shall be excepted from the application of this title only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 2- 128.1(a) of this article; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title; or (2) Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. (b) The determination of whether any housing unit falls within the exception created by this section shall be made by the Commission and shall be consistent with any determinations already made by the Secretary of Housing and Urban Development. Sec. 2 -129. Human Rights Commission Created, Composition; Tenure of Members, Filling Vacancies; Removal, Compensation. (a) There is hereby created a South Bend Human Rights Commission composed of nine (9) members who are residents of the City of South Bend and are representative of the racial, ethnic, religious, economic and educational groups in the community. 10 (b) Successors to all members of the Commission shall be appointed for terms of four (4) years, except when appointed to fill a vacancy, in which case such appointment shall be for the unexpired term. (c) Members of the Commission maybe removed by the appointing authority for just cause. All members of the Commission shall serve without compensation. See. 2-130. Appointment of Members, Quorums Election of Officers; Meetings; Concurrence of Majority Required for Action. (a) Six (6) members shall be appointed by the Mayor and three (3) members shall be appointed by the President of the Common Council. Each appointment shall be for a term of four (4) years. In the event of death or resignation of any member, his successor shall be appointed to serve for the unexpired period of the term for which such member had been appointed. Members of the Commission may be removed by the appointing authority for just cause. All members of the Commission shall serve without compensation and any five (5) members shall constitute a quorum. (b) The Commission shall elect from its membership once each year a chair, vice -chair and secretary. (c) The Commission shall hold one (1) regular meeting each month and such special meetings as the chair may deem necessary. (d) It shall take the concurrence of a majority of the Commission membership to take legal or official action, except that a determination of probable cause may be based upon a concurrence of a majority of Commissioners voting upon the case excluding members abstaining. See. 2 -131. Powers and Duties of Commission. The Commission is empowered to and shall do the following: (a) Establish and maintain a permanent office in the City of South Bend. (b) Recommend to the Mayor for appointment an executive director, or such personnel as it may deem necessary, and to prescribe their duties. (c) Adopt, promulgate, amend and rescind such rules and regulations, procedural and substantive, as may be consistent with the provisions of this article and state laws. Such rules and regulations shall be adopted in accordance with the provisions of this article as it may hereafter be amended. (d) Formulate policies to effectuate the purposes of this article and make recommendations to the City to effectuate such policies. The several departments, commissions, boards, authorities, divisions, bureaus and officers of the City may famish the Commission, upon its request, all 11 records, papers, and information in their possession relating to any matter before the Commission. (e) Receive and investigate charges of discriminatory practices. The Commission shall not hold hearings in the absence of a charge as herein defined. All investigations of charges shall be conducted by staff members of the Commission. (f) Issue such publications and such results of investigations and research as in its judgment will tend to minimize or eliminate discrimination because of race, color, religion, sex, disability, national origin or ancestry, sexual orientation or gender identity in the matter of employment, or familial status in the case of housing. (g) Prepare and issue a report annually to the Common Council and Mayor, describing in detail the investigation and conciliation proceedings it has conducted and their outcome, the progress made and any other work performed and achievements towards the elimination of discrimination. (h) Prevent any person from discharging, expelling or otherwise discriminating against any other person because he filed a charge or has testified in any hearing before this Commission, or has in any way assisted the Commission in any matter under investigation. (i) Appoint hearing officers, hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any such person under oath, and require the production for examination of any books and papers relating to any matter under investigation or in question before the Commission. The Commission shall have the exclusive power to subpoena, but it shall consult with the Department of Law concerning the issuance of a subpoena. The Department of Law may veto the issuance of a subpoena if and only if such an issuance would be an abuse of the Commission's subpoena power. Abuse of the Commission's subpoena power shall include but not be limited to use of such subpoena power for harassment purposes, issuance of a subpoena for information clearly irrelevant to the investigation being conducted, and issuance of a subpoena for information over an excessively broad span of time. Contumacy or refusal to obey a subpoena issued pursuant to this section shall constitute a contempt. All hearings shall be held within the City of South Bend at a location determined by the Commission. A citation of contempt may be issued upon application by the Commission to the circuit or superior court, or judge thereof, in the County in which the hearing is held or in which the witness resides or transacts business. (1) The Commission shall state its finding of fact after a hearing, and, if the Commission finds a person has engaged in an unlawful discriminatory practice, it may cause to be served on such person an order requiring such person to cease and desist from the unlawful discriminatory practice and requiring such person to take further affirmative action as will effectuate the purposes of this article, including but not limited to the power to restore charging party's losses incurred as a result of discriminatory treatment, as the Commission may deem necessary to assure justice. The Commission may require the posting of notice setting forth the public policy of Indiana concerning civil rights and the 12 respondent's compliance with said policy in places of public accommodations; and it may require proof of compliance to be filed by the respondent at periodic intervals. (A) Except in housing cases which are separately treated in sub -part (C) of this section, the Commission may impose a penalty upon any respondent of one thousand five hundred dollars ($1,500.00) for the first and second violation of this article within a five -year period, and may further impose a penalty of two thousand five hundred dollars ($2,500.00) for three (3) or more violations of this article within a five-year period. (B) When applied to discrimination in employment, the Commission shall also have power, to the extent consistent with state law , to restore charging party's losses by awarding damages including wages, salary, commissions, fringe benefits in an amount not to exceed that lost over a two -year period. For discrimination in employment and housing, the Commission shall also have the power, to the extent consistent with state law, to award damages which will compensate charging party for future pecuniary loss, emotional pain, suffering, inconvenience, anguish, loss of enjoyment of life and other non - pecuniary losses, costs and attorney fees. (C) To vindicate the public interest in cases of housing discrimination, the Commission may assess a civil penalty of two thousand five hundred dollars ($2,500.00) for each commission of a discriminatory housing practice. (D) The Commission may sue to recover a civil penalty due under this section. [P.L. 66 -1990, § 2.1 (2) Judicial review of any decision of the Commission as referred to in this article may be obtained under IC 4- 21.5 -1 in the same manner as if the decision was that of a State agency. However, only in those cases involving discriminatory housing practices as prohibited by this Chapter, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have decided in a civil action those claims asserted in a finding of probable cause. Such election must be made not later than twenty (20) days after the date of receipt by the electing person of service under this chapter, and such person shall give written notice to the Commission and all other complainants and respondents to whom the finding of probable cause relates. Such civil action shall be filed in the circuit or superior court of St. Joseph County or any other court of proper jurisdiction, and if the court finds that a discriminatory housing practice has occurred or is about to occur, the court may grant any relief appropriate in a civil action under this Article or IC 22- 9.5 -8.1 -2 or as authorized by the Civil Rights Act of 1991, or the federal Fair Housing Act. (3) In those cases involving discriminatory housing practices as prohibited by this Act where final adjudicative Commission action is in favor of the charging party, the charging party shall be permitted to have damages determined in the circuit of superior court of St. Joseph County or any other court of proper jurisdiction having the power to 13 award punitive damages as allowed by the Fair Housing Act. Charging parties shall make such a request to the Commission in writing within five (5) days from the notice of final Commission action, which notice shall advise charging parry of this right to damage determination, and the Commission shall represent charging party at the Commission's expense in such court action for damages. The Commission shall seek such a judicial determination of damages within one (1) year of the alleged discriminatory housing practice. If it is impracticable for the Commission to seek such a determination within one (1) year of the alleged discriminatory act, it shall notify charging party and respondent in writing of its reasons for not doing so, and shall undertake such judicial determination as soon as practicable. 0) Reduce the terms of conciliation agreed to by the parties to a writing to be called a "consent agreement" which the parties and a majority of the Commissioners shall sign and when so signed the consent agreement shall have the same effect as a final decision of the Commission. If the Commission determines that a party to a consent agreement is not complying with the agreement, the Commission may obtain enforcement of the consent agreement in a circuit or superior court upon showing that the party is subject to the Commission's jurisdiction. (k) Institute actions in the St. Joseph Superior or Circuit Court for appropriate or equitable relief. (1) Transfer cases to the Indiana Civil Rights Commission or to an appropriate federal agency and to receive case's transferred from the Indiana Civil Rights Commission or from, an appropriate federal agency. The South Bend Human Rights Commission shall proceed to act on any case transferred to it from the Indiana Civil Rights Commission as if the case had been originally filed with the South Bend Human Rights Commission as of the date the charge was filed with the Indiana Civil Rights Commission. See. 2 -132. Discrimination in Performance of City Contracts. Every contract to which the City is a party, including franchises granted to the public utilities, shall contain a provision requiring the contractor and his subcontractor not to discriminate against any employee or applicant for employment who is to be employed in the performance of such contracts with respect to his hire, tenure, terms, conditions or privileges of employment, because of his race, religion, color, sex, handicap, sexual orientation or gender identi1L national origin or ancestry. Breach of this covenant may be considered a material breach of the contract. See. 2- 132.1. Private Enforcement. This section may be enforced by an aggrieved charging party through the commencement of an action in the St. Joseph County Circuit or Superior Court or any other court of proper jurisdiction not less than one (1) year after the occurrence or termination of the alleged discriminatory practice. 14 NTOT APPP0Vj= RFFCRRF1-,-. ,, ,ss�0 Section II. Severability. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor and legal publication. Member, South Bend Coxnmon'Council — Attest: nrQ0 aid I on 16 Issue. John Voorde, City Clerk Presented by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2006, at o'clock . m. Janice Talboom, Deputy Clerk Approved and signed by me on the day of 2006 at o'clock .m. ' Stephen J. Luecke Mayor of the City of South Bend, Indiana IN - 0 f f J UL 2 2 2010 15w_w�1, COUNTY- -CRY SUILDINO 227 W. JEFFERSON BOULEVARD SaurHBEND, IN 4W1 August 18, 2010 Mr. Derek Dieter, President South Fend Common Council 4 Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 CITY OF +SoUT'l ae" STEPHEN J. OFFICE OF ADMINIST Lu C14A MAYO Gt'EOG ®. RA77old �& FIaANCI= aZIENTARA' CITY CON'T'ROLLER PkoNe 874- 235 -9216 F;AX 574 236 -Ogn re: Ordinance Appropriating Monies Depambents of the Civil City of for the purpose of Defra i South Bend for the fiscal year ending Dthe Expenses ember 31, 2011 Several Dear Council President Dieter: Attached herewith please find a bill for Common Council consi of South Bend for civil c uy expenditures for the fiscal year ending Detion r 2 The ordinance attached is submitted for 1'� read filing appropriating monies for the City scheduled on August 23, 2010. 1. g with the Common Council for the meeting ! will present the aforernent�ned bill Commutes meeting and at the 9' the Common Public hearing intended for September 2 ap2D10riate Personal &Finance submitted, Gregg D. cc: Stephen J. Luecke, Mayor of the City of South Bend F 1 ORDINANCE NO. Mxx xx AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH SEND, INDIANA FOR THE FISCA. L YEAR BEGINNING JANUARY 1, 2019, AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to a pro Hate expenses of several departments of the Civil City of Saute BendAlndiana for 2011 s to defray the NOW, THEREFORE; BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SEC- -- T 1. For the expenses of the Civil City Government, its various departments, funds, cornmissrons, and institutions for the fiscal year ending December 31 sums of money, as set ford? in the attached budget which is made a art hereof,, are hereby p , 2011, the fallowing appropriated and ordered set apart Out of the funds hereinafter named and for the purposes hereinafter specified, subject to the laws governing the same: The sums herein appropriated shalt be deemed to include all expenditures authorized to be made In said year, unless otherwise expressly stipulated ar provided by the laws. ise SECTION II. For the fiscal year ending December 31, 2011, there is hereby appropriated out of the General Fund and from Funds other than the General Fund, of said City to wit: ?) Rainy Day Fund 3) Excess Levy Fund Park and Recreation Fund '? Motor Vehicle Highway Fund Park Recreation Non - Reverting Fund Studebaker Oliver Reverting Grants Economic Development Grant Fund ? Community & Economic Development Operating Fund I Community and Economic Development Fund Police State Seizures Fund Gift, Donation, Bequest Fund Police Curfew Violations Fund Law Enforcement Continuing Education Fund Central Services Fund Liability Insurance & Premium Reserve Fund Loss Recovery Fund Public Safety Local Option Income Tax Fund General Grant Fund Local Roads and Streets Fund Excess Welfare Distribution Fund Human Rights - Federal Fund East Race Waterway Morris PAC / Palais Royale Marketing Fund Police Tape Horne Car Liability Fund Police Block Grant Fund Economic Development Revenue Bonds Fund E.M.S. Capital Improvement Fund Hazmat Fund Indiana River Rescue Fund Police Grants Fund Regional Police Academy Fund COPS More Grant (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401) Coveleski Stadium Capital Fund (403 Zoo Endowment Fund (404 County Option income Tax Fund (405) Park Department Non - Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund (408) County Economic Development Income Tax Fund (409) Cumulative Sewer Fund (41 D) Urban Action Development Grant Fund (412) Major Moves Construction Fund (416) Morris Performing Arts Center Capital Fund (434) CRED Fund (450) Palais Royale Historic Preservation Fund (655) Project ReLeaf Fund (677) Nall of Fame Capital Fund (701) Fire Pension Fund (702) Police Pension Fund (705) Police K -9 Unit Fund (711) Self- Funded Employee Benefit Fund (713) Unemployment Compensation Fund (730) City Cemetery Trust Fund SECTION III. 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: C ra•4 t s � �°� Y City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . M. Deputy City Clerk Approved and signed by me on the day of 2 , at o'clock .m. Mayor, City of South Bend, Indiana 7 st READING C?— �-- 3 —'C U PUBLIC HEAPING 3 rry itcA ):NG N01' A1>PRQV�D }« REFERRED REED f ASS Cu 7 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46WI August 18, 2010 CITY Ole SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION $ FINANCE GREGG D. ;,ZIENTARA, C17Y CONTROLLER Mr. Derek Dieter, President South Bend Common Council 0 Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 PHONE 574- .235 -9216 FAX 574,23x-9928 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2011 Dear Council President Dieter: Attached herewith please fiend a bill for Common Council consideration appropriating monies for the City of South Bend for enterprise fund expenditures for the fiscal year ending December 31, 2011. The ordinance attached is submitted for 9 't read filing with the Common Council for the meeting scheduled on August 23, 2010. I will present the aforementioned bill at the Common Council's appropriate Personal & Finance Committee meeting and at the public hearing intended for September 27. 2()10, Respectively submitted, Gregg Tie ra cc: Stephen J. Luecke, Mayor of the City of South Bend 2u • , ilk PACE � 86 CITY Ole SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION $ FINANCE GREGG D. ;,ZIENTARA, C17Y CONTROLLER Mr. Derek Dieter, President South Bend Common Council 0 Floor County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 PHONE 574- .235 -9216 FAX 574,23x-9928 re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2011 Dear Council President Dieter: Attached herewith please fiend a bill for Common Council consideration appropriating monies for the City of South Bend for enterprise fund expenditures for the fiscal year ending December 31, 2011. The ordinance attached is submitted for 9 't read filing with the Common Council for the meeting scheduled on August 23, 2010. I will present the aforementioned bill at the Common Council's appropriate Personal & Finance Committee meeting and at the public hearing intended for September 27. 2()10, Respectively submitted, Gregg Tie ra cc: Stephen J. Luecke, Mayor of the City of South Bend 2u ORDINANCE NO. xxxx -xx AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT it is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2011. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the Cliy of South Bend, Indiana, its various departments, funds, commissions and institutions for the fiscal year ending December 31, than the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section if, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2011, the above appropriations are made within the fa 17owing funds of the City: Consolidated Building Fund Parking Garage Fund Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Works Capital Fund Water Works Bond Capital Fund Water Works Customer Deposit Fund Water Works Sinking Fund Water Works Bond Reserve Fund Water Works O &M Reserve Fund Sewage Repair Fund /Insurance Fund Sewage Works General Operations Fund Sewage Works Capital Fund Sewage Works O&M Reserve Fund Sewer Bond 2004-2006 Fund Sewer Bond 2007 Fund Sewage Works Sinking Fund Sewage Works Clay Operating Fund Sewer Bond 2007B Fund Sewage Works Debt Service Reserve Fund Sewer Bond CSO Plan 2010 Fund Century Center Fund (299) Police Federal Drug Enforcement Fund (313) Hall of Fame Debt Service Fund (377) Professional Sports Development Fund (401 Coveleski Stadium Capital Fund (403 Zoo Endowment Fund 404 County Option Income Tax Fund 405) Park Department Non- Reverting Capital Fund (406) Cumulative Capital Development Fund (407) Cumulative Capital Improvement Fund ,408) Ceu * Ecohomic Development Income Tax Fund 409) Cumulative Sewer Fund '410) Urban Action Development Grant Fund `412) Major Moves Construction Fund 416) Morris Performing Arts Center Capital Fund 434) CRED Fund 450) Palais Royale Historic Preservation Fund 655) Project ReLeaf Fund 577) Hail of Fame Capital Fund 701) Fire Pension f=und 702) Police Pension Fund 705) Police K -9 Unit Fund 711) Self- Funded Employee Benefit f=und 713) Unemployment Compensation Fund 730) City Cemetery Trust Fund SECTION Ili. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 0-0 L. r-)- j Member of the Common Council Attest: �a�ke 3x� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 -, at o'clock _. m. Deputy City Clerk Approved and signed by me on the day of 2 at O'clock . m. 3 rj FrD ",i�NG NOT APP GVED REFERRED PASSEL) Mayor, City of South Bend, Indiana 3 � 5 � 1200 COUNTY-CITY BUILDING 227 JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235 -9371 FAX 5741235 -9021 TDD 5741235 -5567 Crrx o1J Sourly BFrrD STEPHF -N J. LuEcxE, MAYOR COMMUNITY &- EcONOMrc DEvnop VIENT JEFFREY V. GIBNEY ExEcuTIVE DIRECTOR August 6, 2010 Mr. Derek Dieter, President South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 RE; Maple Lane and SR 23 Annexation Area Dear Mr. Dieter: Bill Number 46 -10 is a voluntary annexation proposing to annex contiguous territory to the City of South Bend. The Annexation Area is proposed to be zoned "0" Office upon annexation. The Indiana Code requires that voluntary annexation ordinances be advertised 20 days before public hearing, and adopted no earlier than 14 days after the public hearing. Fiscal plans, required of all annexations, must be adopted after the public hearing of the annexation ordinance. I am requesting that the following schedule be followed: Public hearing (Second Reading): October 25, 2010 Hearing on fiscal plan (by resolution): October 2S, 2010 Adoption (Third Reading): November 8, 2010 The interruption in the Second Reading is due to the Fiscal Plan having to be scheduled before the Board of Public Works, the Board of Public Safety, and the zoning proposal to be heard by the Area Plan Commission, if you have any questions, please feel free to contact me at 289 -1066 x 223. Thank you. interely, ,A�i -A: r2. Jeff V�tton Planner, Division of Community Development cc: Area Plan Commission Kathy - Cekanski- Farrand, Attorney, Common Council A! Kirsits, Chair, Zoning & Annexation Committee COMMUNITY DEVELOPMENT ECONOMiC DEVELOPMENT FINANCIAL & PROGRAM PAMELA C, Mr..YEFL DoNALj) E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZABETH LtaNARD Pax: 5741235 -9697 5741235 -9371 Area Plan Commission of Sts Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813 September 22, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Stadium Place Developers, LLC to zone from R Single Family District (County) and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District (South Bend), property located at 54703, and 54719 Willis Avenue and 1855 Vaness Street, City of South Bend - AFC# 2566 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of Stadium Place Developers, LLC was legally advertised on Thursday, September 9, 2010 and that the Area Plan Commission at its public hearing on Tuesday, September 21, 2010 took the following action: Upon a motion by Richard Warner, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Stadium Place Developers, LLC to zone from R Single Fancily District (County) and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District (South Bend), property located at 54703, 54719 and 547339 Willis Avenue and 1855 Vaness Street, City of South Bend is sent to the Common Council with a favorable recommendation. The petition is consistent with recent developments in this area. Previous approvals for this and surrounding sites has established Vaness Street as a higher density, pedestrian - orientated area, connecting the University of Notre Dame campus with the State Road 23 commercial/business corridor. 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. Sincerely, 061m 4o+m4"4_ JWB:jsc Attachment CC: Stadium Place Developers, LLC, Danch, Harper & Associates, Inc. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2566 -10 Owner: Stadium Place Developers, LLC Location: 54703, and 54719 Willis Avenue and 1855 Vaness Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting an annexation and zone change from R Single Family District (County) and PUD Planned Unit Development District (South Bend) to PUD Planned Unit Development District (South Bend) to allow a residential planned unit development which will allow more than two unrelated persons per unit. Land Uses and Zoning: On site: On site are three existing apartment buildings and two single family residences. North: To the north is an undeveloped parcel zoned R Single Family District and a multi - family townhome development (Irish Crossings) zoned PUD Planned Unit Development District, both in the County. East: To the east is a single - family home zoned R Single Family District in the County. Across Willis Avenue is an automobile retail and service business zoned C Commercial in the County and a multi- family townhome development zoned MF2 High Density Multifamily District in the City. South: To the south across Vaness Street are apartments zoned MF2 High Density Multifamily District and a multi - tenant retail center zoned CB Community Business District both in the City. West: To the west across Burdette Street is a multi - family townhome development zoned MFI Urban Corridor Multifamily District in the City. District uses and development standards: The Planned Unit Development (PUD) District is designed and intended to: encourage creativity and innovation in the design of developments; provide for more efficient use of land; permit special consideration of property with outstanding natural or topographical features; facilitate use of the most appropriate construction techniques in the development of land; and, provide for any individual land use not otherwise specified elsewhere in this Ordinance. The PUD District encourages imaginative uses of open space, promotes high standards in design and construction, and furthers the purposes of the Comprehensive Plan, The PUD District is not intended for the development of residential subdivisions or other developments which are provided for as a matter of right within any district of this Ordinance. Stadium Place Developers, LLC #2566 -10 Page 1 of 3 Site plan. description: The 3.66 acre site includes three existing three story apartment buildings. One additional three story apartment building is proposed. The four buildings will contain 111 dwelling units and will cover 42,300 square feet or 28% of the site. The overall density is 30 dwelling units per acre. The paved areas will cover 80,100 square feet or 53% of the site. The remaining 28,753 square feet or 19% of the site will be open space and landscaped areas. The number of parking spaces as proposed does not meet the current standards of the South Bend zoning ordinance for multifamily residential, which is two spaces per unit. A total of 173 parking spaces are provided for the 111 dwelling units, which equals 1.56 spaces per dwelling unit. .Zoning and land use history & trends: In 2006, the site was proposed to be developed as a 60 unit condominium hotel (APC #2403 -06). All the units were proposed to be individuallly owned. In November 2008, the City Council passed a rezoning and annexation for a portion of the subject property from R Single Family District (County) and MU Mixed Use District (City) to the PUD Planned Unit Development District (South Bend) to allow for the construction of three apartment buildings (APC #2480 -08). Traffic and transportation considerations: Vaness Street, Willis Avenue and Burdette Street are two -lane roads. Utilities: The site will be served by municipal water and sewer from the City of South Bend. Additional information: (Agency comments) The Building Department commented that additional landscaping is required around the dumpsters. This concern was addressed on a revised preliminary site plan. The Division of Engineering and Public Construction has no comment. 5 Criteria (per IC 36 -7-4 -603): 1. Comprehensive Plan: Policy Plan: Ci of South Bend - Cily Plan November 2006. Objective H1.1 Encourage residential developments to contain a mix of housing types, densities, price ranges and amenities. Objective H5.1 Promote the variety, style, and affordability of the housing stock. Stadium Place Developers, LLC #2566 -10 Page 2 of 3 This petition is consistent with the City of South Bend Comprehensive Plan (City Plan) objectives for housing. Land Use PIan: City of South Bend - Ci1y Pian November 2006. Objective LU 2.1 Encourage developers to use planned unit and traditional neighborhood development models to promote land use compatibility in future developments. The Future Land Use map identifies this area as mixed use. This rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The area surrounding Vaness Street, Willis Avenue, and Burdette Street has a variety of uses. To the north between Vaness and Burdette Street, there is one vacant lot and the Irish Crossings townhouse development, while the south side of Vaness Street contains the Turtle Creek Apartment complex. The character of the area between State Road 23 and Vaness Street and the area east of Willis Avenue is commercial and multifamily. The character of the area west of Burdette Street is multifamily residential. 3. Most desirable use: The most desirable use is high density residential. 4. Conservation of property values: The surrounding commercial and multifamily property values should be conserved with the PUD rezoning. 5. Responsible development and growth: It is responsible development and growth to allow sites to be appropriately developed when compatible with the surrounding area. Recommendation: Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation. Analysis: The petition is consistent with recent developments in this area. Previous approvals for this and surrounding sites has established Vaness Street as a higher density, pedestrian - orientated area, connecting the University of Notre Dame campus with the State Road 23 commercial/business corridor. Stadium Place Developers, LLC #2566 -10 Page 3 of 3 . Rezoning from: "PUD" PLANNED UNIT DEVELOPMENT (CITY) & "R" SINGLE FAMILY DISTR to "PUD" (CITY) PLANNED UNIT DEVELOPMENT DISTRICT Zoning Key COUNTY, "C" COMMERCIAL COUNTY "R" SINGLE FAMILY DISTRICT COUNTY "PUD" PLANNED UNIT DEVELOPMENT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "MI =2" HIGH - DENSITY MULTIFAMILY DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT SOUTH BEND "PUD" PLANNED UNIT DEVELOPMENT + 1 inch = 150 feet :• ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH, COUNCILMANIC DISTRICT: 4 E. Leroy & Patricia Yoder 17904 State Road 23 South Bend, Indiana 46635 STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 0.27 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed and zoned. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: A parcel of land being a part of the West half of Southwest Quarter of Section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southwest comer of Lot 238 Maple Lane Subdivision; thence North along the West line of said Lot 238 and its projection North to the Northwesterly right -of -way line of State Road 23, thence Northeasterly along said Northwesterly right -of -way line of State Road 23 to its intersection with the Northerly projection of the East line of said Lot 238; thence South along the East line of said Lot 238 and its projection North to the Southeast comer of said Lot 238; thence West along the South line of said Lot 238, a distance of 49.30 feet to the place of beginning. Yodar4rdh8r40WithReM ft.doc SECTION_ IL That the boundaries of the City of South Bend:, Indiana, shall be and are hereby declared to be extended so as to. include the real estate of the above described parcel as a part of the City of South Bend, Indiana. SECTION I1I. Ordinance No. 9495-04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate, with the exception of all adjacent rights -of -way, in the City of South Bend, St. Joseph County, State of Indiana be and the same is hereby established as OB Office District; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. MEMBER OF THE COMMON COUNCIL Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2010, at o'clock —. m. City Clerk Approved and signed by me on the day of , 2010, at — o'clock —.m. 1 st READIN-G, PUBLIC t'EAR!NG 3 rd READING NOT APPROWD REBFER�R{ED NY $deti9'0nanceWiMe=rung. &)c Mayor, City of South Bend, Indiana ruc�d In AUG 1 0 2010 PETITION FOR THE VOLUNTARY ANNEY -ATTON INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) l (We) am /are the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A" 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3) That this Petition is signed by at least one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed 4) The property sought to be annexed and rezoned is located at. 17904 State Road 23, South Bend, Indiana 46636 S) The Property Tax Key Number(s) is: 002-2077-3501 6) The name and address of the property owner(s) of the petition site is /are: E. Leroy & Patricia Yoder 29712 Peavine Street Dowagiac, Michigan 49047 7) The name and address of the contingent purchaser(s), if applicable, is /are: NIA 8) The parcel is 0.27acres in size and currently has the following use(s) on it: Office space. 9) Number of people currently residing on the property: N/A 10) It is desired and requested that the petition site be rezoned Y0ftMgp1eiWWMPelWMWMR&=JnQ d )0 I ! , -S ,. i? ! I i � i ; - � s'71. � , -� c, < I o i, . i, i i -, . p i h 7: %t v-o d : va 0 .0 fof 1 i:.;1, I.:, I � �11 p"qw; 0 Amu m, at diL sib A, lax SO wimm s WhY is A? ininn A, lqz 4 jl W10 K nq" N` 4, 1w I Sam, Am, iw�o� pow ynyo 233 1601 vmv bit 04137q, F111r,d In Clerk's Office AUG 1 6 2010 J 0 Pi'l 1v r, %, T- E MYCLUX, RD. Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www, stiosephcountyindiana .com /areaplan Fax 574 235 -9813 September 22, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of E. Leroy & Patricia Yoder to zone from OB Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend - APC4 2565 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of E. Leroy & Patricia Yoder was legally advertised on Thursday, September 9, 2010 and that the Area Plan Commission at its public hearing on Tuesday, September 21, 2010 took the following action: Upon a motion by John DeLee, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance of E. Leroy & Patricia Yoder to zone from O/B Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend is sent to the Common Council with a favorable recommendation. The conversion of a vacant office structure to a personal service business is compatible with the mixed land uses within the area. It provides a transition zone between the businesses to the southwest and the offices to the northeast, while establishing a buffer zone protecting the southern residential neighborhood. The surrounding property values should be conserved with the rezoning, The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, i m4i 19 tibt,E, �—l�tn �W`. B orn�.i((Ujj Y JWB jsc Attachment CC: E. Leroy & Patricia Yoder Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, fndiana Staff Regort APC # 2565 -10 Owner: E. Leroy & Patricia Yoder Location: 17904 State Road 23 Jurisdiction: City of South Bend Requested Action: The petitioner is requesting an annexation and zone change from OB Office/Buffer District (County) to OB Office Buffer District (City of South Bend) to use an existing structure for a massage therapy business. Land Uses and Zoning: On site: On site is an existing office structure zoned OB Office / Buffer District (County). North: Across State Road 23 to the northwest are two buildings each with one store front zoned B Business District, and a financial services office zoned C Commercial; to the northeast is a single- family house zoned R Single - Family Residential District, and a professional office zoned OB Office/Buffer District. East: To the east is a professional office zoned OB Office/Buffer District. South: To the south is a single - family house zoned R Single Family District. West: To the west across Maple Lane Avenue is a dry cleaning business zoned LB Local Business District in the City of South Bend. District uses and development standards: The OB Office Buffer District is established to promote the development of small scale office, professional, business, governmental and quasi - government uses. Since the types of permitted uses in the OB District are typically less commercial in appearance and are architecturally more harmonious with residential structures, this district can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments. Site plan description: The site is 6,638 square feet (0.15 acres). There is an existing office structure and garage totaling 1,153 square feet covering 171% of the site. Hard surfaces, including a two space parking area, stoops, and sidewalks, cover 14% of the site. The remaining 69% of the site is open space and landscaped areas. There is an existing driveway near the south property line on Maple Lane Avenue which provides access to a one stall garage. The driveway and garage provide a total of 3 parking spaces. E. Leroy & Patricia Yoder #2565 -10 Page 1 of 3 CiV of South Bend - City Plan, November 2006 LU 2.2. Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. The rezoning is consistent with this policy. Land Use Plan: City of South Bend - City Plan November 2006 The Future Land Use map identifies this area as mixed use. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: The site is currently an unoccupied office building. The character of the area is a mixture of business, office and residential land uses. 3. Most desirable use: The most desirable land use is low- intensity office, service, or single - family residential. a. Conservation of property values: The surrounding property values should not be affected by the approval of this rezoning. 5. Responsible development and growth: It is responsible development and growth to allow a personal service business to be located along a major thoroughfare. Recommendation: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The conversion of a vacant office structure to a personal service business is compatible with the mixed land uses within the area. It provides a transition zone between the businesses to the southwest and the offices to the northeast, while establishing a buffer zone protecting the southern residential neighborhood. The surrounding property values should be conserved with the rezoning. E. Leroy & Patricia Yoder #2565 -10 Page 3 of 3 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN CLAY TOWNSHIP CONTIGUOUS THEREWITH: COUNCILMANIC DISTRICT #4, STADIUM PLACE DEVELOPERS, LLC, JEAN C. JOHNSON- TRUSTEE FOR THE JEAN C. JOHNSON REVOCABLE TRUST, ROBERT A. HOWLAND, JR. AND GLENN & KAYE BLOSSOM (PETITIONERS) 54700 BLOCK OF BURDETTE STREET, SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for the voluntary annexation and for the zoning of 2.20+/ - acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of the Ordinance to annex this territory to the City of South Bend, Indiana, and to establish a zoning district for this territory. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION PARCEL I. (ANNEXATION & REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE SOUTHWEST CORNER OF LOT # 26 IN THE PLAT OF " VANESS PLAT" AS RECORDED IN PLAT BOOK # 11 ON PAGE # 13 THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE; THENCE NORTH A DISTANCE OF 269.80 FEET MORE OR LESS ALONG THE WEST LINE OF SAID LOT 26, LOT 27 AND A PORTION OF LOT 28 IN SAID PLAT, THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 28, A DISTANCE OF 356.00 FEET MORE OR LESS TO THE EAST LINE OF WILLIS AVENUE; THENCE SOUTH ALONG SAID EAST LINE A DISTANCE OF 269.80 FEET MORE OR LESS; THENCE WEST 356.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.20 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL II. (REZONING): THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING A POINT AT THE INTERSECTION OF THE NORTH RIGHT- OF-WAY LINE OF VANESS STREET AND THE WEST RIGHT -OF -WAY LINE OF WILLIS AVENUE; THENCE WEST ALONG THE NORTH RIGHT -OF -WAX LINE OF SAID VANESS 2 STREET, 504.00 FEET MORE OR LESS; THENCE NORTH, 129.80 FEET MORE OR LESS; THENCE WEST, 88.58 FEET MORE OR LESS, TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF BURDETTE STREET; THENCE NORTH ALONG SAID EAST RIGHT -OF -WAY LINE, 194.70 FEET MORE OR LESS; THENCE EAST, 296.00 FEET MORE OR LESS; THENCE SOUTH 194.70 FEET MORE OR LESS; THENCE EAST 296.00 FEET MORE OR LESS TO THE WEST LINE OF WILLIS AVENUE; 'THENCE SOUTH ALONG SAID WEST RIGHT -OF -WAY LINE, 119.80 FEET MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINING 2.71 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described Parcel I as a part of the City of South Bend, .Indiana. SECTION III. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City Of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the above described real estate in Parcels I 6 II, with the exception of all adjacent rights -of -way, is hereby established as PUD - Planned Unit Development District, in the City of South Bend, St. Joseph County, State of Indiana; provided, however, that the required, established, and stated procedures for review of such zoning classification by the Area Plan Commission have been fully satisfied. SECTION IV. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approved by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the Day of 2 , at O'clock . M. City Clerk PETITION FOR THE VOLUNTARY ANNEXATION INTO and THE ZONING OF THE ANNEXED LAND IN THE CITY OF SOUTH BEND, INDIANA We the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, and for the zoning of that land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1). We are the owner(s) (hereinafter "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2). Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, and be granted a zoning designation as herein requested, both by proper ordinance. 3). That this Petition is signed by at least (CHECK ONE): X a. one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR b. fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR c. the owners of seventy -five (75 %) of the total assessed value of the land for property tax purposes. 4). The properties sought to be annexed and rezoned is located at: 54703 Willis Avenue, South Bend, Indiana 46637, 54719 Willis Avenue, South Bend, Indiana 46637, 1855 Vaness Street, South Bend, Indiana 46637 5). That the name and address of the property owner(s) of the petition site are: Jean C. Johnson- Trustee of the Jean C. Johnson Revocable Trust 54703 Willis Avenue South Bend, Indiana 46637 Tax Key Nos. 02 -1106- 5384.01 (574) 272 -5359 Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429 -4044. Tax Key Nos. 02- 1106 -5383, Tax Key Nos. 02 -1106- 5389.01 Tax Key Nos. 02 -1106 -5389 Tax Key Nos. 02- 1106 - 5393.02 Tax Key Nos. 02- 1106 - 5393.01 Tax Key Nos. 02- 1106 -5394 Tax Key Nos. 02- 1106 -5395 Glenn & Kaye Blossom 42 Welsh Road Essex Fells, NJ 17021 Tax Key Nos. 02- 1106 -5384 (718) 984 -6838 2 6) . That the name and address of the contingent purchaser(s), if applicable, is: Stadium Place Developers, LLC 822 Main Street Lafayette, Indiana 47902 (765) 429 -4044. 7). Parcel I, the property to be annexed is 1.14 + /- acres in size and currently has the following use(s) on it: Single - family homes. Population (3). Parcel II, the property to be rezoned 2.88 + /- acres in size and is presently in the City and contains a three (3) three - story buildings for previously approved student housing. 8). It is desired and requested that the petition site be rezoned: Parcel I.: (Anticipated Build -out year - 2012) From: R - Single Family District (County Zoning) To: PUD - Planned Unit Development District Parcel II.: (Existing Buildings) From: PUD - Planned Unit Development District To: PUD - Pl.anned Unit Development District for the following uses: Residential Planned Unit Development as allowed under the PUD - Planned Unit Development District Zoning classification. 9). The following information has been submitted with the Petition: a). 1. A legal description of the property, titled as Exhibit "A ". 2. A list of names and addresses of all property owners, along with the tax key numbers for all properties, within 300 feet of the petition property; 2a. 17 Copies of site plan. 3. Addressed, stamped envelopes for all property owners within 300 feet of the petition property. b). By signing this petition, I /We and any contingent Purchaser understand that if the Council approves this petition to annex and zone, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to and approved by the Area Plan Commission within one (1) year of the Council's action. In addition, a building permit must be issued for the use indicated on the petition within one year following the approval of the final site plan. Failure to submit a final site plan or obtain a building permit within the specified time period, causes the zoning of the petitioned property to revert to its former zoning classification. Under certain conditions, a time extension on the submittal of the final site plan may be requested. k:;;u ' E I + v 3 10) The Signature (s.) of a11 property owners) , or Attorney for all property owner (s) , 11). Mileage of new roadway (proposed) within the petition is 0.05 Miles. This mileage Will only include the area of Willis Avenue annexed with this petition Signed: ` d^^ T'-- ( � Ton Troeger for Stadium Place Developers, LtC 822 Main Street Lafayette, Indlana 47902 (765) 429 - 4044. Cr n +Johns n Trustee the ,lean ohnson Li Revocable Tr . " 54703 Willis Avenue South Bend, Indiana 46637 O-N) 272 -535;9 ten:dlosSbum `. 2 Welsh Road Essex Fells, NJ 07021 T73 _ a.Z 7 - 6 A.1How d., Jam. South, dance 46637 No.) Kaye Bl som 42 We.Ish Road Essex Fells, NJ, 0702.1 12). Name, Address & Phone Number of Cpntact Person /greparer: Danch, Harner & Associates, Inc. C/O Michael Danch 1643 Commerce br-dve South Bend, Indiana 46628 (57.4) 234- -- 400.3. S EP 1 7 2010 ,t ^.13Pt tf00°�D� C7YCLi:Pg, F0. ORDINANCE NO AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA TRANSFERRING $508.976.00 AMONG VARIOUS ACCOUNTS WITHIN FUND 212 COMMUNITY DEVELOPMENT IN THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Statement of Pu ose and Intent: In order to assure the efficient and timely utilization of Community Development Block Grant Funds in accordance with the community's Housing & Community Development Plan, transfers are needed: NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The sum of $508,976.00 is hereby transferred among accounts within Fund 212 as set forth below. This appropriation shall be administered in fiscal year 2011 by the Department of Community and Economic Development and its subgrantees, in accordance with the 2011 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions: Reduce the following• CD07 - 810 Amount 4 CHC 30,963 CD07 - 8126 South Bend Heritage Office Project l ,963 CD08 -8107 Housing Development Corporation REWARD 16,000 CD08 -8134 Indiana Plan 28;555 CD08 -8161 Community Coordinated Child Care 1,263 CD08 -8171 SBPD Foot Patrols 81 CD08 -8100 Program Delivery Housing Counseling 31,613 CD09 -8149 Habitat for Humanity Cleveland Street 785 Excess Program Income 18,442 Excess 2010 Entitlement 380.124 Total $508,976 Increase the following: Amount 2011 Rebuilding Together, Inc. 135,000 2011 South Bend Heritage Foundation Robertsons Rehab 337,500 2011 South Bend Police Department - Foot Patrols 36.476 Total $508,976 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 Coun `I Attest: x City Clerk yy COOK Presented by me to the Mayor of the City of South Bend, Indiana on the day of > 20 , at o'clock m. 1200 COU W -Crrr BUILDING 227 W. JEFFERSON BOuLEVARD Sourx BEND, INDIANA 46601 -1830 Pr1oNE 5741235 -9371 FAX 5741235 -9021 TDD 574/ 235 -5567 CITY OF SOUTH BFND STEPHEN J. LLMCn, MAYOR COMMUNI'T'Y ECONOMIC 113EVELOPMENT Mr. Derek Dieter President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: ,JEFFREY V. GIBNEY. ExEcLmw Dmcrox October 4, 2010 The attached bill for the Council's consideration and approval will appropriate $11 8,414 in 2011 Emergency Shelter grant (ESG) funds as part of the 2011 Action Plan of the 2010 -2014 Housing & Community Development Plan. As the Council will recall, the proposed allocation was included in the information provided on August 25, 2010 and made public for the 30 day comment period beginning September 8, 2010. The Plan was also the subject of two public hearings on October 15, 2010. Should there be any questions on this bill please contact me at 235 -5845. I will be present to address this at the October 25th meeting. Thank you. a er Director t CC: J. March J. Gibney E. Leonard G. Zientara J. Rosheck nz G% -° 5 2010 L- - CITY tai, COMMUNITY 1715"VuoPMENT ECONOMIC DLvELoPMI;NT FINANCIAL & PROGRAM PAMELA C. MEYER DoNALiA F. INKS MANAr FmvNT 5741235 -9660 574/235 -9371 EQL ABBTH LmpiARD FAX: 5741235 -9697 5741235 -9371 1,t UADiNG po f,UP;UC HEARING 3rd UADING NOT APPROWD rIEFERPED PASSED Section 111. This ordinance shall be in full force and effect from and after its passage by the Common Council and Approval by the Mayor. Member of the Common 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 Send, Indiana f T 1200 COUNTY -CrTY BUILDING 227 W. JEPFMON Bouuvmo SOUTH BEND, INDIANA 46601 -1830 PHONE 5741235 -9371 FAx 574/235 -9021 TDD 5741235 -5567 CITY of SouTH BEND STEPHEN J. LuEcxE, MAYOR C®.MML7I iTy & ECONOMIC DEVELOPMENT Mr. Derek Dieter President South Bend Common Council 227 W. Jefferson Blvd. Suite 400 South Bend, IN 46601 Dear President Dieter: JEFFREY V. GIBNEY ExEclrrlvE DIRECTOR October 4, 2010 The attached bill for Council consideration and approval will appropriate $2,596,651 in 2011 Community Development Block Grant (CDBG) funds. This action complements the transfer of $508,976 in reprogrammed funds and together they allocate new funds in accordance with the 2011 Action Plan of the 2010 -2014 Housing and Community Development Plan. As was provided to the Council members on August 25, 2010, the 2011 HCD Action Plan was the subject of a 30 -day public comment period that began September 8, 2010 and expired October 8, 2010. In addition, the 2011 HCD Action Plan was the subject of two public hearings held on September 15, 20,10. Comments received during the comment period and public hearings were taken into consideration in developing the final 2011 HCD Action Plan. Should there be any questions on this bill please contact me at 235 -5845. I will be present to address this issue at the October 25th meeting. Thank you. Sin rely Pamela C. Mey Director cc: Jeff Gibney Greg Zientara John March Judy Rosheck FT.,11 in Clio, COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL &C PROGRAM PAMELA C. MM R DONALD E. INKS MANAGEMENT L' 5741235 -9669 5741235 -9371 ELIZABEVI LwNAm FAX: 5741235 -9697 5741235 -9371 1 Lei 611111 U.1_►C1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,596,651 FROM THE COMMUNITY DEVELOPMENT FUND (FUND 212) FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT OF THE CITY OF SOUTH BEND, INDIANA, AND DESIGNATED SUBGRANTEE AGENCIES FOR THE PROGRAM YEAR BEGINNING JANUARY 1, 2011, TO BE ADMINISTERED THROUGH THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Statement of Purpose and Intent: The government of the City of South Bend, in partnership with the City's private sector and residents, is committed to the goal of improving the quality of life in the City, its neighborhoods, and for its residents. As part of this commitment to a comprehensive community development and improvement program, the City of South Bend, through its Department of Community and Economic Development, will apply for and anticipates receiving on or about January 1, 2011 the approval of the United States Department of Housing and Urban Development to expend $2,596,651 in the execution of certain housing rehabilitation /assistance, code enforcement, public improvement, neighborhood development, public service, and general program planning and development activities. In order to implement the aforementioned activities, funds are required. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1. The sum of $2,596,651 is hereby appropriated for the program year starting January 1, 2011, for the City of South Bend's Community Development Block Grant Fund (Program Year 2011). The appropriation shall be used as approved by the United States Department of Housing and Urban Development under Title Twenty -four (24) of the Code of Federal Regulations, Part Five Hundred and Seventy (570) for the Community Development Program Year 2011. This appropriation shall be administered by the Department of Community and Economic Development and its designated subgrantees, in accordance with the 2011 Housing and Community Development (HCD) Action Plan, which is hereby approved and incorporated by reference with respect to the following distributions subject to quarterly progress reports being submitted by Community & Economic Development and all sub recipients. B- 11 -MC -1$ -0011 Communi1y Develo ment Pro am Near Northwest Neighborhood, Inc.- Planning & Administration 120,000 South Bend Heritage Foundation — Planning & Administration 162,000 South Bend Human Rights Commission -Fair Housing Activities 10,000 r :1DAT'AISHARF:' +.C:OMMDEV`CDBG PROGRAM''2011 PROGRAM YEAR APPLICATION PROCESS 201 I C'DBG ORDINANCE DOC Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20 , at o'clock M. City Clerk Approved and signed by me on the day of at o'clock M. st READfNG � 0 UBLIC HEARIR rd READING 1 0T APPROVED EFERRED ASSED 20 , Stephen J. Luecke, Mayor OCT -° 5 2010 r RESOLUTION NO. A RESOLUTION OF THE.-COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A °PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED. AT 1832 CAMPEAU ST, SOUTH BEND, IN 46617 WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1832 CAMPEAU ST., SOUTH BEND IN 46617 in order to permit A special exception use to allow an accessory dwelling. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Cleric. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. f ,,'OT APPPxoV D Member of the Common Council °i Clerk'S OVICO S JOHN VOOR hil,138. Girl rLERK, SO PETITION to ALLOW an ACCESSORY DWELLING Monday, September 13, 2010 Area Board of Zoning Appeals St. Joseph County /South Bend Building Department 125 S. Lafayette Blvd, Suite 100 South Bend, IN 46601 RE: Joseph R Crimmins and Kathleen C Crimmins, owners 1832 Campeau St, South Bend, IN 46617 Township: Portage Zoning: SF1 Short Legal: Lot 328 of Coquillard Woods addition. section C of South Bend Seeking a variance from the maximum allowable 17' height to 21'10" for an accessory buildin and from the required 6' side yard setback to 3' and I am writing to request special exception use for the construction of a garage /accessory dwelling building located at 1832 Campeau St, South Bend, IN 45617. This structure's primary use is a two car garage with a second level space that may be used as a loft living space with a bath a sinall kitchen/laundry area. We have a son who is 10 years old who was born with Down Syndrome, He is fairly high functioning except he is has not developed verbal language yet. Our goal is to have a place he can call his own place should that be possible down the road. We also both come from large families (each coming from a family with seven children) They live as far out as Seattle and Spokane WA, Portland OR, Nashville TN, Cincinnati OH and would like to be able to welcome them to our home during visits with a private place to stay should they desire. We also recently added on and renovated the primary home structure to accommodate our 87 year old father to live with us as well. This home was highlighted in the Saturday, April 24, 2010 South Bend Tribune Home section by staff writer Becky Emmons. As such we feel the proposed use will not be injurious to the public health, safety, comfort, community moral standards. convenience or general welfare. As you can see from the architect's project plans we have built a quality addition, incorporated many `green' technologies and systems to be a better neighbor to our en.virorni-rent as well. We've spent considerable time and research effort and money by hiring an architect who is sensitive to the existing house's architecture and neighborhood character as well as our own special family needs now (universal access) and in the future. Thus we feel the proposed use will not injure or adversely affect the use of adjacent area or property values therein. In fact it should enhance them and is consistent with the existing streetscape and architectural character of the existing house and neighborhood. Thus it should be compatible with the recommendations of the City of South Bend Comprehensive Plan. I respectfully ask the Area Board of Zoning Appeals to approve this special use as an accessory building. Regards, Joseph R Crimmins 1832 Campeau St South Bend, In 46617 574.287.1832 (home) n 4 Cc: 013 m WC Co CD a C Z o .�b a CD PL 0 M III w a� a Grrm IMAOdprea Im r—pm e"o S.0 h ft.d, td FW AIS-11 f -. v 27 February m0® r---■mmmq 4 ®0DOn0 cr CL O � CD � rah s■ CEO C: r O ® �c - M. go �F ®6 Cl) m z 0 m `�� ^ \ \ I , -i \ � / \\ s r, PARCELI® NAME-1 AWILINGAIDD OAAIUNGCIT MAIUNGSTA NWLINGZIP MAGERA JAMES K d 1716 Rockne 018 -5142 -5218 LOUISE M Dr South Bend IN 4661 LIMBEROPOULOS 519 GEORGE T & BILLIE RAS GREENLAW 018 -5068 -2360 JOINT TEN W.FROS N South Bend IN 4661 SHABAZZ MUHAMMAD A 1855 018 -5189 -6489 & PAMELA A Campeau St South Bend IN 46617 KEATING BARRY P AND 1839 i 018-5169 -6487 MARYANN O Campeau St South Bend 1 IN 4661 1722 Rockne 018- 5142 -5219 WUNDER GERALD J Dr South Send IN. 4661 DOUGHERTY JAMES P & 625 N 018- 5183 -6921 JACQUELINE M Coqu;tlard Dr South Bend IN 4661 1604 Rackne 018 - 5169 -6483 KANOUSE SCOTT M Dr South Bend IN 4661 HENRY THOMAS W & 1801 Bader 018 -5068 -2349 ANGELA M Av South fiend IN 4661 MCMAHON PATRICK M 1805 Bader 018- 5068 -2350 AND ROBERTA A Ave South Bend IN 4661 018- 5068 -2347 L4NNUIER LISBETH S 1727 Bader South Bend IN 4661 1630 Rockne 018 -5142 -5215 HARRIS KATHLEEN R Dr South Bend IN 4661 CRIMMINS JOSEPH R & 1832 018 - 5142 -5222 KATHLEEN COSTELLO Campeau St South Bend IN 4661 1704 Rockne 018 -5142 -5216 REESE RICHARD K JR Dr South Bend IN 4661 WOLF PATRICK L & 1838 018 - 5142 -5221 BARBARA J Campeau St. South Bend IN 4061 RANDOLPH DAVID M & 1815 Bader 018 -5068 -2351 MARY A Ave South Bend IN 4661 RANDOLPH DAVID M & 1815 Bader 018- 5068 -2352 MARY A Ave South Bend IN 4661 RANDOLPH DAVID M & 1615 Badar 018- 5068 -2353 MARY A Ave South Bend IN 4661 1711 Bader 018- 5068 -2343 HALEY VIRGINIA S Ave South Send IN 4661 OHAYER WILLIAM W & 018 -5068 -2344 MARISSA 11715 Bader South Bend IN 4661 018-5068 -2348 MINNE TIMOTHY A 1731 Bader South Bend IN 4661 WHARTON KENNETH C 1710 Rockne 018 -55142 -5217 AND JACQUELYN A Dr South Bend IN 4667 ROUHSELANG FAMILY LIVING TRUST ROUHSELANG LLOYD J & SHIRLEY A RETAIN A LIFE 1849 018 -55169 -6488 ESTATE Campeau South Bend IN 4661 TULCHINSKY MARK D 1826 018 - 5142 -5223 AND MARY ANNE Campeau South Bend IN 46617 1719 E Bader 018 - 5068 -23455 CLEMENTS EDWARD J St South Send IN 4661 1723 E Bader 018-5068-2346 TEPE MANETTE A St South Bend IN 4661 MANIER DANIEL P & 1848 018- 5142 -5220 KAREN K Campeau South Bend IN 4661 LEWIS JAMES M & 833 N 018 -5183 -6920 ROEMER LEWIS GRETA CoquiNard South Bend IN 46617 1020 018- 5142 -5224 KENNEDY DOREEN Campeau South Send IN 4561 HAMILTON EDDIE WAND 1728 Rockne 018 -5142 -5225 PEARLINE Drive South Bend IN 4661 1734 Rockne 018- 5142 -5226 FORBES PHYLLIS J Dr South Bend IN 46617 GARCIA KENNETH N & 1833 018- 5169-6486 ELIZABETH R Campeau South Bend IN 4681 BROWN MARILYN I TRUSTEE IN TRUSTMARILYN BROWN REV LIV TR RESERVED 1821 LIFE ESTATEWD4363 08- CAMPEAU 016- 5169-6485 o1-o8 ST South Bend IN 4681 BROWN MARILYN I TRUSTEE OR HER SUCCESSORS IN TRUST UNDER THE MARILYN BROWN REVOCABLE LIVING TRUST WILIFE 1821 018 -5169 -6484 ESTATE Campeau St lSouth Bend IN 4661 KOSTYLEV ANATOLIY P & 1740 Rockne 018 -5142 -5227 ALLA DAVID or South Bend IN 4661 STEPHAN PHILLIP AND 705 N 018 -5183 -6919 BETTY LEE Coquillard fSouth Bend IN 46617 1812 Rockne 018- 5169 -6482 GROHOWSKI KENNETH S Dr South Bend IN 4881 GARRISON JAMES ALAN 1820 018 -5169 -6481 8 JACQUELINE GENE ROCKNE DR South Send IN 4881 FRICK DEAN B & 1828 Rockne 018 - 5169 -6480 DOLORES E Dr South Bend IN 4661 lDr 1832 Rockne 018 - 5169 -6479 PITTS ROBERT E JR South Bend IN 4061 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 925 SOUTH WEBSTER STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code §36 -7 -4 -918.6 requires the Common Council to give notice pursuant to I.C. §5- 14 -1.5 -5 of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to I.C. §36 -7 -4- 918.4; and WHEREAS, the Area Board of Zoning Appeals has made a recommendation pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code §5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at 925 South Webster Street, South Bend, Indiana in order to allow outdoor storage of soil and other fill material on an area not to exceed seventy -five percent (75 %) of the total lot area. SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana hereby finds that: I. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive flan. SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. t--o 3 c;] Member, Common Council Filed In Clerk's Off -ice SEP 1 4 2010 JOHN! VOORDE CITY CLERK, SO. "1FHO, IN, (MKMEGIDEVAULT. WWW.KR I EGD EVA U LT, CC September 14, 2010 Area Board of Zoning Appeals of St. Joseph County, Indiana 125 South Lafayette Boulevard, Suite 100 South Bend, Indiana 46601 John H. Lloyd Direct Dial: (574) 277 -1208 E -mail: jlloyd @kdlegal.com Re: Letter Petition for Special Use Permit Property Address: 925 South Webster Street, Portage Township, South Bend Property Owner: MMBlair, LLC Dear Honorable Board Members: On behalf of MM Blair, LLC we are submitting this Letter Petition for Special Use Permit for consideration by the Area Board of Zoning Appeals (the "Board "). This petition is being filed to request a Special Use Permit to allow for the outdoor storage of soil and other fill material on an area not to exceed seventy -five percent (75 %) of the total lot area. The following information is provided in accordance with the Board's filing requirements: I . Name, Address and Phone Number of Petitioner/Property Owner: MM Blair, LLC 10343 McKinley Highway Osceola, Indiana 46561 Contact: Mark Osler, Member (574) 674 -6488 2. Location of Subject Property (Address): 925 South Webster Street, Portage Township, South Bend, Indiana 46619, and is more particularly described in Exhibit "A" attached hereto. 410I EOIsoN LAKES PARKWAY, SUITE 100, MISHAWAKA, IN 46545-3441 T574.277.1200 F 574.277.1 201 vv I![ MEMAS LAW HRMS WORLDWIDE (MKMEGIDEVAULT. WWW, K F I EGDEVAU Lt. C OM September 14, 2010 Page 2 3. Statement of Special Use Requested and Reason for Request. Pursuant to Section 21 -04.02 (a)(2)(B)(iii) of the South Bend Municipal Code, Petitioner respectfully requests a Special Use Permit for the above- referenced property (the "Property") to allow for the outdoor storage of soil and other fill material not to exceed seventy -five percent (75 %) of the total lot area. The Special Use Permit is requested to allow Petitioner to continue its operations at the Property. 4. Proposed Findings of Fact Under I.C. 36 -7 -4- 918.4 (Standards for Special Exceptions): 1 €. The proposed use will not be injurious to the public ,health, safety, comfort, community moral standards, convenience or general welfare of the community. The Property is currently zoned GI — General Industrial and has been used by Petitioner for the outdoor storage of soil and other fill material for many years. The Property has been used more frequently in recent months due to an upswing in business making it necessary for Petitioner to apply for a Special Use Permit to allow for outdoor storage on an area not to exceed seventy -five percent (75 %) of the total lot area, Issuance of a Special Use Permit will not be injurious to the public health, safety, comfort, morals, convenience or general welfare of the community as it will allow Petitioner to continue to utilize the Property in a manner consistent with its present and intended future use and to use the Property to its maximum potential. II. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Special Use Permit will not injure or adversely affect the use of the adjacent area or properties as all materials stored outside will be contained within the Property's boundaries. In addition, the Property is bounded by other industrially zoned parcels and will not cause a diminution in property value. (M KRIEG DE AUL 1 sM WWW. KR I EGO EVA U LT. CO September 14, 2010 Page 3 Ill. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The Property is currently zoned GI- General Industrial which allows for the outdoor storage of soil and other fill materials. The need for a Special Use Permit arises as the storage area required exceeds fifty percent (50 %) of the total lot area. South Bend Municipal Code Section 21-04.2 allows for outdoor storage or operations exceeding fifty percent of the total lot area as long as a special exception is obtained, Consequently, the proposed use is consistent with the character of the GI- General Industrial District in which the Property is located and is also an authorized use. IV, The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. The proposed use of the Property is compatible with the recommendations of the City of South Bend Comprehensive Plan (the "Plan ") which anticipates the continued use of the petition Property and adjacent parcels as an industrially -zoned district. 5. Name, Address and Telephone Number of Person Presenting Petition, if other than Owner: John H. Lloyd Krieg DeVault LLP 4101 Edison Lakes Parkway, Suite 100 Mishawaka, Indiana 46545 Telephone: (574) 277 -1200 b. Zoning Classification of Property and Township: (a) Zoning: GI — General Industrial (b) Township: Portage In addition, we are enclosing the following attachments to this petition: (M KnIE DEVAULM WWW.KRILGOrVAULT.COM September 14, 2010 Page 4 Exhibit A — Legal Description Exhibit B — Site Plan Exhibit C -- Aerial View of the Property Exhibit D — List of Adjacent Property Owners Should you have any questions regarding this Petition, please feel free to contact me. Very truly yours, John . Lloyd JHL /smr Enc. KD 2914880 l.DOCX EXHIBIT A Legal Descri tion A part of the West Half of the Northwest Quarter of Section 14, Township 37 North, Range 2 East, described as follows, viz. Beginning at the intersection of the South line of Sample Street in the City of South Bend, with the West line of Webster Street in said City, as existed on November 21, 1978 (the said place of beginning being at a point 20 feet West of the East line of Bank Out Lot 102 as shown on the Second Plat of Out Lots of the Town, now City of South Bend, as platted by the State Bank of Indiana extended South, and 16 '/z feet South of the North line of said Northwest Quarter of Section 14); thence West along the said South -line of Sample Street, a distance of 330 feet; thence South a distance of 651.75 feet; thence East a distance of 330 feet to the West line of said Webster Street; thence North along the said West line of Webster Street, a distance of 651.75 feet to the place of beginning, EXCEPTION THEREFORM the following: Beginning at a point on the South line of Sample Street in the City of South Bend, Indiana as existed on November 21, 1978, 20 feet West of a point where the East line of the said Bank Out Lot 102 if extended due South would intersect the South line of said Sample Street; thence from said commencement point, running West on the South line of Sample Street, 330 feet; thence due South 330 feet; thence East 330 feet; thence North 330 feet to the place of beginning. FWV'f 9.1_rJ LIST OF ADJACENT PROPERTY OWNERS Petitioner: MM Blair LLC Petition Property: 925 South Webster Street, South Bend, Indiana Wayne Calhoun Inc. 1011 South Walnut Street South Bend, Indiana 46619 Tax Key No. 18- 8021 -0839 Mary Ann T. Lacay Revocable Living Trust c/o Mary Ann T. Lacay, Trustee 193 7 Creekbank Lane South Bend, Indiana 46635 Tax Key No. 18- 8021 - 084001 Imagineering Enterprises Inc. 1302 West Sample Street South Bend, Indiana 46619 Tax Key No. 18- 8021 - 084002 Ritschard Bros. 1204 West Sample Street South Bend, Indiana 46619 Tax Key No. 18 -8021 - 084103 18 -8021 - 084111 Webster Street Holdings LLC 829 Opal Drive Valparaiso, Indiana 46383 Tax Key No, 18- 8021 - 084105 Ramar Land Corp. Attention: Don DeLuca. 600 Gillam Road Wilmington, Ohio 45177 Tax Key No. 18 -8021- 084106 Arthur A. Taelman Revocable Trust c/o Arthur A. Taelman, Trustee 1212 South Walnut Street South Bend, Indiana 46624 Tax Key No. 18- 8021 -084107 Indiana Land Trust 70298 108 North Main Street, Suite 711 South Bend, Indiana 46601 Tax Key No. 18 -8021 - 084112 JAM Walnut Properties LLC 1125 South Walnut Street South Bend, Indiana 46619 Tax Key No. 18 -8021- 084505 PETITION PROPERTY: MM Blair LLC c/o Indiana Earth I0343 McKinley Highway Osceola, Indiana 46561 Tax Key No. 18 -8021 -0840 C) 3} O O Cr 4 o " 25.0' . aC= s h!- °zz ce e> F 335.13' - - - - - _WEBSTER STREET EJNE ( � A -g- i �Z3 d m II 0 0 m Q 6:gq— � 2 <n µf j�i�m2�mm���Am2p�il ��mo�mia u' m m� n� °o���a°aQ°rT'm znm rx~ia ,nz -g�" -1x m�nz G1S6�p2�q�'l� PQDFL Sm� ��r-'p�y�O�nGfiOV�ns � vpm Wmt'�O P 469" ITHIMA lD > N (�1 p Q tnQcco O . zz.73 vii A z� ao Z �Qln ran q n Z b � n O o � C Z Z � d v ap O V z z 0 19 F- U) a� l7 r 0 c 210' 4 L7 µ ........... i. C7 - - - - - _WEBSTER STREET EJNE ( � A -g- i �Z3 d m II 0 0 m Q 6:gq— � 2 <n µf j�i�m2�mm���Am2p�il ��mo�mia u' m m� n� °o���a°aQ°rT'm znm rx~ia ,nz -g�" -1x m�nz G1S6�p2�q�'l� PQDFL Sm� ��r-'p�y�O�nGfiOV�ns � vpm Wmt'�O P 469" ITHIMA lD > N (�1 p Q tnQcco O . zz.73 vii A z� ao Z �Qln ran q n Z b � n O o � C Z Z � d v ap O V z z 0 19 F- U) a� l7 r c 210' 1 w � z I ^•F1- �.. iF ,: robes RLV LINE - - - - - _WEBSTER STREET EJNE ( � A -g- i �Z3 d m II 0 0 m Q 6:gq— � 2 <n µf j�i�m2�mm���Am2p�il ��mo�mia u' m m� n� °o���a°aQ°rT'm znm rx~ia ,nz -g�" -1x m�nz G1S6�p2�q�'l� PQDFL Sm� ��r-'p�y�O�nGfiOV�ns � vpm Wmt'�O P 469" ITHIMA lD > N (�1 p Q tnQcco O . zz.73 vii A z� ao Z �Qln ran q n Z b � n O o � C Z Z � d v ap O V z z 0 19 F- U) a� l7 r 6- 1�1- L\ 03. pa's l RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT the Southeast corner of Maple Lane Avenue & State Road 23 (1 7904 State Road 23, South Bend, Indiana) WHEREAS, Indiana Code Section 36- 7- 4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36- 7- 4- 918.4; and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state taw. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council has provided notice of the hearing on the petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a special exception be granted from the property located at: the Southeast corner of Maple Lane Avenue & State Road 23 (17904 State Road 23, South Bend, Indiana) in order to permit: Special Exception to utilize a Massage Therapy Office in an OB — Office Buffer District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION 111. The Common Council of the City of South Bend, Indiana, hereby finds that: YoderSpecialUseResolutionCity. doc I . The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. ROT Apg0vro .WDOPrrr) YoderSpecialUseResolutionCity. doc Member of the Common Council Filed In Clerk's OffIC® SP t 3 2010 JOHN VOORDE CFTY CLUK, 5O. DENO, X LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING — CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233 -1841 • FACSIMILE 574/674 -0374 WILLIAM D. LANG, PRES. JOHN B. F €ENEY, L.S. fNDOT PREQUALIFIEO: TERANC€ D. LANG, L.S. SUB— DIVISIONS 5.4 ECOLOGICAL SURVEYS BOUNDARY SURVEYS 5.5 WETLAND MITIGATION CONSTRUCTION SURVEYS 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION PUBLIC WORKS PREQUALIFIED Area Board of Zoning Appeals 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Variance Petition - E. Leroy & Patricia Yoder 29712 Peavine Street Dowagiac, Michigan 49047 (574) 274 -1000 To the Honorable Board, The petitioned parcel is located at 17904 State Road 23 in Clay Township. The parcel is on the Southeast comer of State Road 23 & Maple Lane Avenue. It is zoned O/B Office Buffer District and contains 1 office and an unattached garage. The property is currently pending annexation & rezoning into the City of South Bend. The owner wishes to seek a special exception use to allow a Massage Therapy Office. However doing so violates certain zoning ordinances. Therefore to rectify this situation and meet the zoning ordinance, we ask the Board to grant the following variances: - from the required 25' front yard setback to 11.2' along Maple Lane Avenue; - from the required 5' side yard setback to 3.2' along the East property line; from the required 15' parking setback to 0' along Maple Lane Avenue; - from the required 15' parking setback to 4.8' along the South property line; - from the required 15' rear residential bufferyard to 5' along the South property line; - from all required perimeter landscaping to the existing landscaping as shown on the attached site plan- - from the required parking screening to the existing screening as shown on the attached site plan. The approval of this variance will not be injurious to the public health, safety, comfort, Community moral standards, convenience or general welfare of the community. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and, the proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. If there are any questions regarding the above, please contact our office at your earliest convenience. Sincerely, Terance D. Lang y0dWSp$CWkft "ftMPrtVW.d= V I � � W r G c 2 5 N n � W C) CL Z Q 00 Z rn /`'� n y o Qd Z Ln •V � � ap Ln a J Z � � CDCDr� CD O p L � N � _ Z d Z Z: CD W Oa C W� N O W w. a al Na c vi m w e - LL S W Z <-- OJ v N 4 _� c a 0 0 W s Q 'c o° CD Q O w F- W Q w _ ■ • W W Q W J W Q ME { [S{ ia��a z cl u � � W r G c 2 5 N n � 3 as 70.=4 II rn p v a y o I (J •V � � ap a J � m p 0 m Y IVY rn aC2 v •U o i z Y p C p a 3 El atlo❑ v. tXtttt gaz w. a al Na c vi m w 0 3 z 9 I E f I 1 E l t v (A _� c a 0 0 s � � ol 0 U w 9 a Ow r-Inp �j O��Vw�f fO/i =4 �© <n¢aiw XU13 o5 `-a jzo�nzwp ox � zz dNa &<O� r Nw- Mwlili.lw wiO ce no`s U' -z3: qw -�-. iu���a5CJC� F rd Kw�Y°C�a oe3� d��� ?z�wrc� wow 4rin �aa�W wNp Ncw60CS 5�.. �5 W 22N�»� -Od � � W r G 2 5 N n � 3 as 70.=4 II � � o I (J J v Y W-Or:j- op v °oom N � ZO m IVY 0 � o i z Y 0 U w 9 a Ow r-Inp �j O��Vw�f fO/i =4 �© <n¢aiw XU13 o5 `-a jzo�nzwp ox � zz dNa &<O� r Nw- Mwlili.lw wiO ce no`s U' -z3: qw -�-. iu���a5CJC� F rd Kw�Y°C�a oe3� d��� ?z�wrc� wow 4rin �aa�W wNp Ncw60CS 5�.. �5 W 22N�»� -Od � � W r G 2 5 N n � as 70.=4 o z a z°� o Z C7 t7 (J Y W-Or:j- op v °oom N � ZO m IVY 0 � o i z Y p a 3 El atlo❑ v. tXtttt gaz w. a al Na �,I i.l� 00 0 O 0OO�=j W44 W OijNW wall �N 9 I E f I 1 E l t 0.'rT � i F m d 0 U w 9 a Ow r-Inp �j O��Vw�f fO/i =4 �© <n¢aiw XU13 o5 `-a jzo�nzwp ox � zz dNa &<O� r Nw- Mwlili.lw wiO ce no`s U' -z3: qw -�-. iu���a5CJC� F rd Kw�Y°C�a oe3� d��� ?z�wrc� wow 4rin �aa�W wNp Ncw60CS 5�.. �5 W 22N�»� -Od 002- 2077 -3534 & 3532 002 -2077 -3524 002 -2077 -3506 Sue M. La Gue Linda A. Freel William E. & Bernadette M. Hock 54613 Northern Avenue 54571 Maple Lane Avenue 17682 State Road 23 South Bend, Indiana 46635 South Bend, Indiana 46635 South bend, Indiana 46635 002 -2074 -3440 Othman Kanan 54449 Maple Lane South Bend, Indiana 46635 024 - 1001 -0454 Greenwood Plaza Corp. P. O. Box 1602 South Bend, Indiana 46634 002 -2075 -3489, 3490 & 3489 Phyllis Dombrowski 54468 Maple Lane South Bend, Indiana 46635 002 - 2077 - 353401 Jonathan C. & Janet L. Sporleder 54568 Maple Lane South Bend, Indiana 46635 002 - 2077 -3536 Dora Beard 54584 Maple Lane Avenue South Bend, Indiana 46635 002 -2077- 352301 Daniel V. Rupchock 29773 Redfield Niles, Michigan 49120 024 -2077 -3499 & 024 -1001 -0447 DZ 23 Properties LLC 251 E. Sample Street South Bend, Indiana 46615 002- 2077 -3501 E. Leroy & Patricia A. Yoder 29712 Peavine Street Dowagiac, Michigan 49047 002 - 2077 -3520 & 3517 All A. Pate 54530 Maple Lane South Bend, Indiana 46635 002 - 2074 -3445 SR 23 LLC 53200 Marina Drive Elkhart, Indiana 46514 002 - 2075 -3492 Dale R. & Christine K. Devon 17871 State Road 23 South Bend, Indiana 4663 5 002 - 2074 - 344301 Jennifer L. Satkoski 54490 Terrace Lane South Bend, Indiana 46635 024 -1001 -0446 Greenwood Plaza Corp. Attn: GMAC Comm. Mort. Corp. 2400 Miracle Lane Mishawaka, Indiana 46545 002 -2077 -3529 James A. Horning II 54601 N. Northern Avenue South Bend, Indiana 46635 0022077 -3523 Brian W. Hershberger 54549 Maple Lane South Bend, Indiana 46635 002 - 2077 -3502, 3503, 3504 & 3505 E. Leroy Yoder 17888 St. Road 23 South Bend, Indiana 46635 002 - 2077 -3521 & 3518 Sandra D. Dennin 54581 Northern Avenue South Bend, Indiana 46635 002- 2074 -3446 Oasis Services LLC P. O. Box 485 Notre Dame, Indiana 46556 002- 2074 -3443B One Hour Inc., CIO Sharon Smith 14595 E. Erie Road Albion, Michigan 49224 002 - 2074 -3444 & 3443 James W & Leora J Clark — trustees 14595 E. Erie Road Albion, Michigan 49224 002- 2077 -3531 & 3528 Jonathan Carl Sporleder 54568 Maple Lane Avenue South Bend, Indiana 46637 024 -1001 -0448 First Bank & Trust Co. of So. Bend P. O. Box 1602 South Bend, Indiana 46634 002 -2077 -3515 Ann O. Graf & Mary Jo Krizman 54555 Northern Avenue South Bend, Indiana 46635 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 926 North St. Peter Street AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (s) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Markus and Krupali Krusche WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 926 North St. Peter Street, South Bend, Indiana, and which is more particularly described as follows: The West half of Lot Numbered One Hundred Twenty -six (126) as shown on the recorded Plat of Sorin's Second Addition to the Town of Lowell, now within and a part of the City of South Bend, recorded July 27, 1860 in Plat Book 1, page 10 in the Office of the Recorder of St. Joseph County, Indiana. Containing .18 acres more or less; and this property has Tax Key Numbers 18 -5107 -3773 and 18- 5107 -3774, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seg., and South Bend Municipal Code Sections 2 -76 et se ., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii, evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction,' all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. 0a F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et sea. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. "'"i' �-. PROVED 3 Member of the Common Council �fr`rr7't, y -sy . &i ik €loo' In, OCT RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BENZ) DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1016 Notre Dame Avenue AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR J. NICHOLAS & DIANE ENTRIKIN WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1016 Notre Dane Avenue, South Bend, Indiana, and which is more particularly described as follows: Lot "A" Frances Street Minor Subdivision a part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East (Being Lot 92 of Plat of Sorins Second Addition to Lowell, Now the City of South Bend) Portage Township, St. Joseph County, Indiana. and this property has Tax Key Number 18- 5105 -3672, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et se q., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et sea., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03; which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies, or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. 2 E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- 1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VIL The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. NOT APPAU.VED ADOPTO ;-r &r i Mc & 3 Member of the Common Co it ff4T� ic!U4 VOOF7E CITY CLF..,4'1K, E7. SUM IN. 1200 COUNTY -CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 466oi -183o PHONE 5741235 -9371 FAx 574/ 235 -9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR COMMUNITY c®N®MIC EVELOPMEN T JEFFREY V GIBNEY EXECUTIVE DIRECTOR September 29, 2010 Council Member Timothy Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: J. Nicholas and Diane Entrikin Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by J. Nicholas and Diane Entrikin to build a single - family home at 1016 Notre Dame Avenue. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build a single - family home at a cost of approximately $400,000. The project meets the qualifications for a (5) five -year real property tax abatement. The petitioner will be available to meet with the Committee on Monday, October 25, 2010. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5835. Sincerely, l Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeffrey Gibney Don Inks COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM PAA'IELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZABETH LEONAPD FAX: 5741235 -9697 5741235 -9371 1200 COUNTY -CrTY BUILDING 227 W JEFFERSON BOULWARD SOUT7 -I BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAx 574/235 -9021 `I'DD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY COI�OMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTivF DIRECTOR TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: ENTRIKIN, J. NICHOLAS & DIANE DATE: September 29, 2010 On September 27, 2010, a petition for residential tax abatement consideration for real property located at 1016 Notre Dame Avenue was filed with the City Clerk by J. Nicholas and Diane Entrikin, Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Nicholas and Diane Entrikin intend to construct an approximate 2,300 square foot, single- family home as their primary residence. The home will have three bedrooms, two and one -half bathrooms, a great room, a dining room, first floor laundry, two car garage and large front porch. The lower level will have a rec, room, bed room and bathroom. The project is part of the Notre Dame Housing Program and as such will follow the design specifications and standards required by that program. The cost of the home is estimated to be approximately $400,000. Total taxes to be abated during the (5) five -year abatement period are estimated at $1,893. Total taxes to be paid during the (5) five -year abatement period are estimated at $20,544. COMMUNITY DWELOPMENT ECONOMIC DEvELOPMENT FINANCIAL & PROGRAM PAM LA C. MFyFR DONALD E. INKS MANAGEMENT 5741235 -9660 5741235 -9371 ELIZARFI'ri LEONARD FAX: 5741235 -9697 5741235 -9371 South Bend Common Council RE: Entrikin, J. Nicholas & Diane September 29, 2010 Page 2 ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2. The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is required. In addition, it must be noted that the property is not located within the Northeast Neighborhood's residential TIF area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 29 -Sep -10 ENTRIKINi_J._NICH ®LAS & DIANE South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) LAND Value k "A"I Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value .. . ;' ..:: a Total Taxes Tax Abated ** Tax Paid * *' 340,000-00 340,000.00 340,000.00 10,000.00 NIA NIA 350,000.00 340,000.00 340,000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) 106, 750.00 106, 750.00 106,750.00 195, 250.00 185,250.00 185, 250.00 Less maximum Abatement Deduction NIA NIA (74,880.00) Less Non- Abated Amount NIA (110,370.00) NIA Plus Land Assessed Value NIA NIA 10;000.00 Net Assessed Value 195,250.00 74,880.00 120,370.00 Property Taxes: 4,487.38 378.67 4,108,71 Assume constant tax rate of 4.4598% 4.4598% 4,4598% Gross Tax (tax rate x net assessed value) 8,707,76 3,339.50 5,368.26 Less State 8 County Homestead Credit: 18.6246% 1,621.79 621.97 999.82 Tax Due Before Circuit Breaker 7,085.97 2,717.53 4,368.44 Less Circuit Breaker Credit X98.59) (2,338.86 (259.73) Net Tax _ 4,487.38 378,67 4,108.71 Circuit Breaker Cap Circuit Breaker 1.0000% 3,500.00 3,400.00 3,500.00 Debt Service 0.5057% 987.38 378.67 608.71 Circuit Braker Cap 4,487.38 3,778.67 4,108.71 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 195,250.00 4,487.38 378.67 4,108,71 2 195,250.00 4,487.38 378.67 4,108.71 3 195,250.00 4,487.38 378.67 4,108.71 4 195,250.00 4,487.38 378.67 4,108.71 5 195,250.00 4,487.38 378.67 4,108.71 5 year totals: 22,436.90 1,893.34 20,543.56 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE Total $1,515 $19,025 *Current tax levy * *Additional tax revenue from new investment $20,540 LAND* BUILDING ** TOTAL Year 1 $303 $3,805 $4,108 Year $303 $3,805 4,108 Year 3 $303 $3,805 4,108 Year 4 $303 $3,805 4,108 Year 5 $303 $3,805 4,108 Total $1,515 $19,025 *Current tax levy * *Additional tax revenue from new investment $20,540 • �' "'� STATEMENT OF BENEFITS 20 PAY PAY 20_ REAL ESTATE IMPROVEMENTS Uzi Y State Form 69767 (R2! 1 -07) FORM SE-1 ! Real Property Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): ❑ Redevelopment or rehabilitation of real estate Improvements {IC 6 -1,1- 12,1 -4} ❑ Eligible vacant building (IC 6- 1.1- 12.1 -4.6) Page 1 of 2 !OA% We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the following limitations: � A. The designated area has been limited to a period of time not to exceed S calendar years * (see below), The date this designation expires is S. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements Yes ❑ No 2. Residentially distressed areas Yes ❑ No 3. Occupancy of a vacant building {{ � !! © Yes WNo C. The amount of the deduction applicable is limited to $ _ /V D b– l Al (1- D. Other limitations or conditions (specify) N /L% le— E. The deduction is allowed for years* (see below). We have also reviewed the information contained in tha statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved (signature and bile of authorized member of designating body) Telephone number Elate signed (month, day, year) s7°t-2 3 f Attested by (signature and title of attester) Designated body ! P * If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. S. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten (10) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C.. 5- 1.1- 12.1 -1, et seg., and South Bend Municipal Code Sec. 2 -76 t se - for this petition states the following: x. Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project Y . . X, de G /yy 2. Estimate the dollar value of the construction project (do not include land cost): 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest ON P.o 13a 97 4. The commonly known address of the Property is: I Q 14 V and having tax key no.: (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. G. A snap and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. y. The current assessed variation of the property before construction is $ U y (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235 - 9523). 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the cu ent owner ?5a previous owner (use additional sheet for multiple addresses): (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) lo. W2Lat is your best estimate of the after completion market value of the property: OL1 L, 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: 14. The V gurren� use of the Q C ,-�- property is and the current zoning is (use). (This information may be obtained from the Building Department 235 -9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name O.,1/ -�L 17 9'7 1 s -r (Z o•c d�.✓ �/'$1�i^ �t �d •fie✓ �U �dr d /1 r ... a 2- a .) oc- �' l�s.•- ,�ed yce�- Address 1)— D G 9 G 2 City, State, Telephone Zip VMEREFORE, Petitioner has paid the required fee of $So.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Name of Property Owner(s): By:— 4a (Signature) (Typed or printed name and capacity) MCM IJ EP Z i 2.010 Ci :riK,!7, F Div 1,11. EXHIBIT A LEGAL, DESCRIPTION Address: 1016 Notre Dane Avenue Legal: Description: Lot "A" prances Street Minor Subdivision a part of the Northeast Quarter of Section 1, Township 37 North, Range 2 East (Being Lot 92 of Plat of Sorins Second Addition to Lowell, Now the City of South Bend) Portage Township, St. Joseph County, Indiana. ` Tax Ivey Number: 18 -5105 -3672 EXHIBIT B SHEET 1 OF LOT "A" FRANCES STREET MINOR SUBDIVISION A PART OF THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST (BEING LOT 92 OF PLAT OF SORINS SECOND ADDITION TO LOWELL, NOW THE CITY OF SOUTH BEND) PORTAGE TOWNSHIP, ST. JOSEPH COUNTY INDIANA 14' WIDE PUBLIC ALLEY c6 S89'56'54 "E 122.02' W S.fi' SIDE YARD SETBACK Q 6' Z [D m 36.4' in p Q 0 Y I j^ o 179 N L cD 14.3'< II EXISTING Q . 1y ' LLJ zz- �IE�E f HOUSE L� D o 1 13.3' Li 0 I , n00 16.0' 24 0' a s o Z o Z CL 0 L Q 24, z a _ 6.6' SIDE YARD SETBACK ° 89'55'05 "W 120.92' — — — Q NOTES: 1. FRONT & SIDE YARD SETBACK DIMENSIONS SHOWN ARE MEASURED TO HOUSE FOUNDATION. 2. CONTRACTOR SHALL NOT PROCEED WITH ANY EXCAVATION OR CONSTRUCTION ACTIVITY UNTIL ALL PERMITS ARE OBTAINED. 6a 3, THIS DRAWING DEPICTS THE APPROXIMATE LAYOUT OF THE LOT, FOR ACTUAL DIMENrR.' RECORDED FINAL PLAT. 4. WHEN BUILDING A STRUCTURE BELOW GRADE, SPECIAL CONSIDERATION SHOULD BE G CONDITIONS, FOUNDATION DESIGN, ETC. SUCH CONSIDERATION IS BEYOND, AND NOT SCOPE OF THIS PLAN. 5. PROPOSED LAYOUT SUBJECT TO APPROVAL OF PENDING VARIANCES FOR FRONT AND SETBACKS. THE STRUCTURE IS APPROX. 16 FROM THE R/W @ OO THE STRUCTURE IS APPROX, ' FROM THE CURB F Q DRAWING FOR BUILDING PERMITS ONLY ® ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Woy East Fort Wayne, Indiana —i O PREPARED FOR: DEVON CUSTOM HOMES South Bend, indiono 46601 Benton Harbor, Michigan (574) 232 -87001 Manistee, Mlchigon C FAX: (574) 251 -4440 t1 STAKED ON: ENGINEERING / LAND SURVEWNG / KANNING / CON5TRUCTION SERVICES 0 j DRAWN BY: 4M DATE: 09/13/10 DWG NAME: ZONING: RESIDENTIAL O a CHECKED BY: I SCALE: 1 " =30' SEC. 2— T37N —R2E I SEPPC APP. #: N/A Map of 1016 N Notre Dame Ave, South Bend, IN 46617 -1412 a 1 " %` 6 Notre _r; South �d „}.P A $; Cancel I Page 1 of 1 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. httn• //M-gno. trabnf) n1 ,2 n1nnI o Ccarb}r $ d �_ q rnpeaU St 'Campeau r -- i�.gi�r�;ma E Ave—,I 31 �+r�l�tre�aa�r� E° 1; .. I3 I I hfliner st i I.A i ris —. Z rw- 4 sr € e CodarS4 _ Yah0a!2Dt0. 19aYaAlAlJTt02II69 OR '. s' �n Blvd- = — St /'intent 5t fvprgh.SPdor��prl - w FgwArdSt When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. httn• //M-gno. trabnf) n1 ,2 n1nnI o Ccarb}r $ d �_ q rnpeaU St 'Campeau r -- i�.gi�r�;ma E Ave—,I G � C:J i&i -' L�Nd4 #r re St 1; .. I3 I I hfliner st i I.A i ris —. Z rw- 4 sr € e CodarS4 _ Yah0a!2Dt0. 19aYaAlAlJTt02II69 When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. This is only to be used as an aid in planning. httn• //M-gno. trabnf) n1 ,2 n1nnI o t EXHIBIT C AQ, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONFIRMING AND APPROVING THE ISSUANCE OF RECOVERY ZONE FACILITY BONDS UP TO THE AMOUNT OF $37,150,000 TO DILLINGHAM HILL RE, LLC FOR THE CHASE TOWER PROJECT WHEREAS, the City of South Bend, Indiana (the "Issuer "), is authorized by IC 36 -7 -11.9 and 12 (collectively, the "Act ") to issue revenue bonds for the financing of economic development facilities, the funds from said financing to be loaned to a company to be used for the acquisition, renovation and equipping of said facilities; and WHEREAS, the Issuer is authorized by the American Recovery and Reinvestment Act of 2009 (the "Recovery Act ") to issue Recovery Zone Facility Bonds to finance the construction renovation or acquisition of depreciable property by a private taxpayer of a qualified business in a recovery zone, and the Common Council of the City of South Bend adopted Resolution 4019 -10 on March 24, 2010 designating the City of South Bend as a recovery zone for the purposes of the Recovery Act; and WHEREAS, Dillingham Hill RE, LLC, a Delaware limited liability company (the "Applicant "), has advised the South Bend Economic Development Commission (the "Commission ") and the Issuer that it proposes that the Issuer lend proceeds of a Recovery Zone Facility Bond economic development financing to the Applicant for the acquisition, renovation and equipping of the Chase Tower consisting of (1) the development of the Anvic Senior Care and Rehabilitation Center which will offer assisted living care, adult day care, memory care and clinical, rehabilitation, and wellness services; (2) the renovation and conversion of the current hotel; and (3) the renovation of the exterior of the Chase Tower and related parking facilities within the Tower located downtown on the northwest corner of Washington Street and Main Street, at 211 West Washington Street, South Bend, Indiana (collectively, the "Project "); and WHEREAS, the diversification of industry and increase in job opportunities (approximately 165 new full -time jobs) to be achieved by the acquisition, renovation and equipping of the Project, will be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it would appear that the financing of the Project would be of public benefit to the health, safety and general welfare of the Issuer and its citizens; and WHEREAS, it is tentatively found that the acquisition, renovation and equipping of the Project will not have an adverse competitive effect on any similar facility already constructed or operating in the City of South Bend, Indiana; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, as follows: 1. The Common Council of the City of South Bend, Indiana, finds, determines, ratifies and confirms that the promotion of diversification of economic development and job opportunities in and near the City of South Bend, Indiana, is desirable to preserve the health, safety and general welfare of the citizens of the Issuer; and that it is in the public interest that the Commission and the Issuer take such action as they lawfully may to encourage economic development, diversification of industry and promotion ofjob opportunities in and near the Issuer. 2. The Common Council of the city of South Bend, Indiana, approves, determines, ratifies and confirms that the issuance and sale of Recovery Zone Facility Bonds in an amount not to exceed $37,150,000 of the Issuer under the Act for the lending of the proceeds of the Recovery Zone Facility Bonds to the Applicant, for the acquisition, renovation and equipping of the Project will serve the public purpose referred to above, in accordance with the Act. 3. In order to induce the Applicant to proceed with the acquisition, construction and equipping of the Project, the common Council of the City of South Bend, Indiana, hereby approves, determines, ratifies and confirms that (i) it will take or cause to be taken such actions pursuant to the Act as may be required to implement the aforesaid financing, or as it may deem appropriate in pursuance thereof; and (ii) it will adopt such ordinances and resolutions and authorize the execution and delivery of such instrument and the taking of such action as may be necessary and advisable for the authorization issuance and sale of said economic development revenue bonds; and that the aforementioned purposes comply with the provisions of the Act; and (iii) it will use its best efforts to assist Applicant in procuring additional Recovery Zone Facility Bond volume including requesting allocation authority from St. Joseph Count y and from the Indiana Finance Authority for completion of the Project, including the costs of issuance, provided that all of the foregoing shall be mutually acceptable to the Issuer and the Applicant. 4. All costs of the Project incurred after the date permitted by applicable federal tax and state laws, including reimbursement or repayment to the Applicant of moneys expended by the Applicant for planning engineering, a portion of the interest paid during construction and equipping, underwriting expenses, attorney and bond counsel fees, acquisition, renovation and equipping of the Project will be permitted to be included as part of the bond issue to finance the Project, and the Issuer will lend the proceeds from the sale of the. bonds to the Applicant for the same purpose. Also, certain indirect expenses, including but not limited to, planning, architectural work and engineering incurred prior to this inducement resolution will be permitted to be included as part of the bond issue to finance the Project. 5. This resolution shall constitute "official action" for purposes of compliance with federal and state laws requiring governmental action as authorization for future reimbursement from the proceeds of bonds. Adopted this 25th day of October, 2010. COMMON COUNCIL OF THE CITY OF SOUTH BEND k <<.: c, . Member of the Common Coucil MIS Kati is on "Iy (SEAL) 3, 3"Ida l Q � cow on U6 . Attest: City Clerk PRESENTED ( 0 _ LT- l �) NOT APPROVED. ADOPTED CITY 227 W. JEFFERSON Bwa, STE. 12005 SOUTH BEND, INDIANA 46601 October 18, 2010 CITY of SocTTH BENT] STEPHEN 1, LUECKE, MAYOR EcON®MIC DEvEwpmENT COMMISSION ROBERT MATHIA DiREGTOR Mr. Ken Fedder, esq. Attorney for the South Bend Economic Development Commission Mr. John Voorde City Clerk City of South Bend Re: Dillingham Hill RE, LLC Resolution for the Common Council Dear Mr. Voorde: PHONE 574! 235 -9371 FAX 5741235-9021 On October 15, 2010, the South Bend Economic Development Commission passed an Inducement Resolution (copy attached) for the acquisition, renovation and equipping of real property commonly referred to as the Chase Tower. Enclosed find a proposed Inducement Resolution for consideration by the South Bend Common Council for the Chase Tower. The bonds, authorized by the federal stimulus bill must be issued by December 31, 2010, and would pose no risk for the City of South Bend. Please place this resolution on the agenda for the Common Council's meeting scheduled for October 25, 2010. Very truly yours, Ken Fedder esq. WdLuAM GATES GREG JURGONSM FREI) THON RoLAND KELLY PPLESIDENT VICE PRESIDENT SECRETARY MEMBER office 0 , T ? 2010 JOHN VOORDE CITY C #',t;,0. EF.�'1, IN. ERIC BROWN KENNETH FEDDER MEMBER LEGAL CouNsa BARNES ÞBURG LLP Philip J. 1~accenda, Jr. (574) 237 -1148 phiIip.f,,iccend,,i@btlaw.com HAND DELIVERED Mr. John Voorde Clerk of the City of South Bend 455 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 600 1st Source 132nk Center 100 North Michigan South Bend, IN 46601 U.S.A. (574) 233 -1171 Fax (574) 237 -1125 www.hrlaw.com October 20, 2010 Re: City of South Bend, Indiana Sewage Works Revenue Bonds of 2010 Dear Mr. Voorde: Enclosed for filing are multiple copies of the Ordinance for the above - referenced City of South Bend, Indiana Sewage Works Revenue Bonds of 2010 for financing sewage works projects in the City of South Bend as described in the Ordinance for first reading before the Common Council on October 25, 2010 and second reading on November 8, 2010. Please call me with any questions you may have. Very truly yours, BARNES & THORNBURG LLP Philip J. Faccenda, Jr. PJF: ske Enclosures cc: John E. Broden, Esq. (w /enc.) SBDS02 PFACCENDA 411269v1 Fll�cl in n CIC! 2 C 2010 CITY GI, "F< K , 0 L" ?;0, lit. AtLinra Chicago Delaware Indiana Michigan Minneapolis Ohio Washing ton, D.C. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City "), presently owns and operates a sewage works by and through its Board of Public Works (the ``Board ") for the collection and treatment of sewage and other wastes (the "Sewage Works" or the "Works "), pursuant to the provisions of Indiana Code 36 -9 -23, as amended (the "Act "), 'I"hc Board has determined and recommended to the Common Council of the City (the "Common Council ") that certain additions, extensions and improvements to the Sewage Works, as described herein, are necessary. The Board has employed McCormick Engineering, LLC, Lawson - Fisher Associates, P.C., Jones and Henry Engineers, Ltd., The Troyer Group, Inc., Gary A. Gilot and Carl P. Littrell as professional engineers (the "Engineers "), to prepare and file plans, specifications, and detailed descriptions and estimates of the costs of the necessary additions, extensions and improvements to the Sewage Works, which plans, specifications, descriptions and estimates, to the extent required by law, have been duly submitted to and approved or will be approved by all governmental authorities having jurisdiction thereover (the improvements and extensions to the Sewage Works as described in the Engineers' plans and specifications and below are referred to herein as the "Project "), including, without limitation, the Indiana Department of Environmental Management (the "Department "). The Common Council finds that the estimates prepared and delivered by the Engineers with respect to the costs (as defined in Indiana Code 36- 9- 23 -11) of acquisition, construction and installation of such improvements and extensions to the Sewage Works, and including all authorized costs relating thereto, including the costs of issuance of bonds on account of the financing of all or a portion thereof, will be in the estimated amount not to exceed Nine Million Three Hundred Forty -Five Thousand and 001100 Dollars ($9,345,000.00). The Common Council finds that to provide funds necessary to pay for the costs of the Project, it will be necessary for the City to issue sewage works revenue bonds in an amount not to exceed Nine Million Three Hundred Forty-Five Thousand and 001100 Dollars ($9,345,000.00). Pursuant to Ordinance No. 8919 -98 adopted by the Common Council on June 22, 1998 (the "1998 Ordinance "), the City has heretofore issued revenue bonds payable from the Net Revenues (as defined below) of the Sewage Works, such bonds being designated as "Sewage Works Refunding Revenue Bonds of 1998" (the "1998 Bonds "), outstanding after December 1, 2009, in the amount of $13,590,000, and maturing on December 1, 2018. Pursuant to Ordinance No. 9523 -04 adopted by the Common Council on August 10, 2004 (the "2004 Ordinance "), the City has heretofore issued sewage works bonds payable from the Net Revenues of the Sewage Works, designated as "Sewage Works Revenue Bonds of 2004" (the "2004 Bonds "), outstanding after December 1, 2009, in the amount of $9,380,000, and maturing on December 1, 2024 Pursuant to Ordinance No. 9672 -06 adopted by the Common Council on April 11, 2006, as amended by Ordinance No. 9767 -07 adopted by the Common Council on June 25, 2007 (collectively, the "2006 Ordinance "), the City has heretofore issued revenue bonds payable from the Net Revenues of the Sewage Works, such bonds being designated as (i) "Sewage Works Revenue Bonds of 2006" (the "2006 Bonds "), outstanding after December 1, 2009, in the amount of $7,345,000, and maturing on December 1, 2026; (ii) "Sewage Works Revenue Bonds of 2007" (the "2007 Bonds "), outstanding after December 1, 2009, in the amount of $15,500,000, and maturing on December 1, 2027: and (iii) "Sewage Works Revenue Bonds of 2007 B" (the "2007B Bonds "), outstanding after December 1, 2009, in the amount of $15,425,000, and maturing on December 1, 2027. Pursuant to Ordinance No. 9951 -09 adopted by the Common Council on August 10, 2009, as amended by Ordinance No. 9971 -09 adopted by the Common Council on October 26, 2009 (collectively, the "2009 Ordinance" and with the 1998 Ordinance, the 2004 Ordinance and the 2006 Ordinance, the "Prior Ordinances "), the City has heretofore issued revenue bonds payable from the Net Revenues of the Sewage Works, designated as "Sewage Works Revenue Bonds of 2009" (the "2009 Bonds" and with the 1998 Bonds, 2004 Bonds, 2006 Bonds, 2007 Bonds, 2007B Bonds and 2009 Bonds, the "Prior Bonds "), outstanding after December 1, 2009, in the amount of $3,297,000, and maturing on December 1, 2028. The Prior Ordinances permit the issuance of additional revenue bonds ranking on a parity basis with the Prior Bonds for the purpose of financing the costs of future additions, extensions and improvements to the Sewage Works, so long as certain conditions are met. Crowe Horwath LLP, Financial Advisor to the City (the "Financial Advisor "), has been employed by the Board for the purpose of analyzing the records and finances of the Sewage Works, and has submitted preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds payable out of the revenues of the Sewage Works and ranking on a parity with the Prior Bonds. Subject to the provisions of the immediately preceding paragraph, this Council now finds that all conditions precedent to the adoption of an ordinance, authorizing the issuance of additional bonds ranking on a parity with the Prior Bonds for the purpose of financing the cost of the Project and the authorized costs relating thereto, have been complied with in accordance with the provisions of the Prior Ordinances and the Act. The Common Council consequently seeks to authorize the issuance of revenue bonds to finance the acquisition, construction and installation of the Project pursuant to the Act and the sale of such revenue bonds at public sale pursuant to the provisions of Indiana Code 5 -1 -11, subject to and dependent upon the terms and conditions hereinafter set forth. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. Acquisition, Construction and Installation of the Project. The City, acting by and through the Board and as the owner and operator of the Sewage Works for the collection and treatment of sewage and other wastes, hereby orders, authorizes and directs the Board to proceed with the acquisition, construction and installation of additions, extensions and improvements to the Sewage Works, pursuant to the Act and in accordance with the plans, specifications and cost estimates prepared and filed with the Board by the Engineers, which plans, specifications and cost estimates are hereby adopted and approved and, by reference, incorporated fully into this Ordinance, and two copies of which are now on file in the office of the Board and are open for public inspection. The actions of the Board in connection with the acquisition, installation, and financing of such improvements to the Sewage Works are hereby authorized, approved, ratified and confirmed. Where used in this Ordinance, the term "City" shall be construed also to include any department, board, commission or officer or officers of the City or of any City department, board or commission. The terms "Sewage Works," "sewage works," "works" and similar terms used in this Ordinance shall be construed to mean and include the existing structures and property of the Sewage Works and all enlargements, improvements, extensions and additions thereto, and replacements thereof, now or subsequently constructed or acquired, from the proceeds of the bonds authorized herein or otherwise. Such additions, extensions and improvements shall be constructed and the bonds herein authorized shall be issued pursuant to the provisions of this Ordinance and the Act, SECTION 2. Description of the Project. The Project consists of the improvements described in Appendix A attached hereto and incorporated herein. The City, acting by and through the Board, shall proceed with the acquisition, construction and installation of the Project and shall enter into all contracts necessary or appropriate for such purpose, in conformity with and subject to the requirements and conditions set forth in this Ordinance and in the Act and in accordance with the plans and specifications previously prepared for and on behalf of the City. SECTION 3. Authorization for Bonds. In accordance with the Act and for the purpose of providing funds with which to pay the costs of the Project, together with all authorized costs relating thereto including the costs of the issuance of the 2010 Bonds (defined below) on account thereof, the City shall issue and sell its sewage works revenue bonds, in one or more series, in an amount not to exceed Nine Million Three Hundred Forty -Five Thousand Dollars ($9,345,000), to be designated "Sewage Works Revenue Bonds of 2010" (the "2010 Bonds "). Such 2010 Bonds shall be signed in the name of the City by the manual or facsimile signatures of the Mayor of the City (the "Mayor ") and the Controller of the City (the "Controller ") and attested by the Clerk of the City (the "Clerk "), who shall affix the seal of the City to each of the 2010 Bonds manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature appears on the 2010 Bonds shall cease to be such officer before the delivery of such 2010 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery thereof. The 2010 Bonds shall - 3 - also be authenticated by the manual signature of the Registrar (as defined below). Subject to the provisions of this Ordinance regarding the registration of the 2010 Bonds, the 2010 Bonds shall be fully negotiable instruments under the laws of the State of Indiana (the "State "). Any other provisions of this Ordinance to the contrary notwithstanding, the 2010 Bonds shall be issued on a parity with the outstanding Prior Bonds, and none of the provisions of this Ordinance shall be construed to affect the rights of the holders of the outstanding Prior Bonds. The Board shall instruct the Financial Advisor to perform any and all computations necessary to confirm the preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for issuance of additional revenue bonds on parity with the outstanding Prior Bonds. The City shall not issue the 2010 Bonds without first receiving a certificate from the Financial Advisor in form and substance satisfactory to the Controller regarding compliance with certain conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds on parity with the outstanding Prior Bonds. The 2010 Bonds shall be on a parity with the Prior Bonds, and shall be sold at a price not less than 99% of the par value thereof, shall be issued in fully registered form in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, shall be numbered consecutively from R -1 up, shall be originally dated as of the first day of the month in which the 2010 Bonds are sold or as otherwise determined by the Controller, and shall bear interest at a rate or rates not exceeding eight percent (8.0 %) per annum (the exact rate or rates to be determined pursuant to Section 8 hereof) payable on the first (1 st) day of June and December in each year, following the original date of the 2010 Bonds as determined by the Controller, with the advice of the Financial Advisor and as set forth in the notice of intent to sell bonds or notice of bond sale as set forth in Section 8 herein. Interest shall be calculated on the basis of a 360 -day year comprised of twelve 30 -day months. The 2010 Bonds shall mature annually on December 1 as finally determined by the Mayor and the Controller with the advice of the Financial Advisor and as set forth in the notice of intent to sell referred to herein and as evidenced by delivery of the executed initial issue of the 2010 Bonds to the Registrar for authentication; provided that the original aggregate principal amount does not exceed the amount authorized above, and that the final maturity shall be no later than December 1, 2030. All payments of interest on the 2010 Bonds shall be paid by check or draft mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date at the addresses as they appear on the registration books kept by the Registrar (the "Registration Record ") or at such other address as is provided to the Paying Agent (as defined below) in writing by such registered owner. All principal payments and premium, if any, on the 2010 Bonds shall be made upon surrender thereof at the principal corporate trust office of the Paying Agent in any coin or currency of the United States of America which on the date of such payment shall be legal tender for the payment of public and private debts. Interest on 2010 Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2010 Bonds are authenticated after the fifteenth (15th) day of the month preceding an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the fifteenth (1 5th) day of the month immediately preceding the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. The 2010 Bonds and any bonds ranking on a parity therewith, as to principal, premium and interest,. shall be payable from and are hereby secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues, herein defined as the gross revenues of the Sewage Works after deduction only for payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes (the "Net Revenues "), of the Sewage Works of the City, which bonds constitute a first charge on said Net Revenues. The City shall not be obligated to pay said bonds or the interest or premium, if any, thereon except from the Net Revenues of the Works, and said bonds shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. Each 2010 Bond shall be transferable or exchangeable only upon the Registration Record by the Registrar, by the registered owner thereof in person, or by his attorney duly authorized in writing, upon surrender of such 2010 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or his attorney duly authorized in writing, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City, except for any tax or governmental charge required to be paid in connection therewith, which shall be payable by the person requesting such transfer or exchange. The City, Registrar and Paying Agent may treat and consider the persons in whose name such 2010 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2010 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 2010 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 of the City, whether or not the lost, stolen or destroyed 2010 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 2010 Bonds issued hereunder. - 5 - SEC'T'ION 4. Terms of Redemption. (a) The Mayor and the Controller, upon consultation with the Financial Advisor, may designate maturities of the 2010 Bonds (or a portion thereof in integral multiples of $5,000 of principal amount each) that shall be subject to optional redemption and /or mandatory sinking fund redemption, and the corresponding redemption dates, amounts and prices (including premium, if any). Except as otherwise set forth in this Ordinance, the Mayor and the Controller, upon consultation with the Financial Advisor, is hereby authorized and directed to determine the terms governing any such redemption, provided that any redemption premium shall not exceed two percent (2 %) of the par amount of the 2010 Bonds to be redeemed. (b) Notice of redemption shall be given not less than 30 days prior to the date of redemption and shall be mailed by first -class mail or by registered or certified mail to the address of each registered owner of a 2010 Bond to be redeemed as shown on the Registration Record 45 days prior to the date fixed for redemption, except to the extent such redemption notice is waived by owners of 2010 Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any 2010 Bond shall not affect the validity of any proceedings for the redemption of any other 2010 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CLISIP numbers of the 2010 Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2010 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 2010 Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. (c) The 2010 Bonds may be subject to mandatory sinking fund redemption as set forth herein. At the option of the successful bidder for each series of the 2010 Bonds, all or a portion of the 2010 Bonds of a particular series may be aggregated into one or more term bonds payable from mandatory sinking fund redemption payments (the "Term Bonds ") required to be made as set forth below. The Term Bonds shall have a stated maturity or maturities on December 1 of the years in which the 2010 Bonds are outstanding as determined pursuant to Section 3 hereof or as determined by the successful bidder. In the event that the successful bidder opts to aggregate certain 2010 Bonds into Term Bonds, such Term Bonds shall be subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date, but without premium, on December 1 of each year and in the principal amounts corresponding to and consistent with the maturity schedule for the 2010 Bonds set forth in the bond sale notice. The Registrar and Paying Agent shall credit against the current mandatory sinking fund requirement for a Term Bond of a particular maturity, any 2010 Bonds of such maturity delivered to the Registrar and Paying Agent for cancellation or purchased for cancellation by the Registrar and Paying Agent and cancelled by the Registrar and Paying Agent and not theretofore applied as a credit against any mandatory sinking fund requirement. Each 2010 Bond so delivered or purchased shall be credited by the Registrar and Paying Agent at 100% of the principal amount thereof against the mandatory sinking fund redemption requirements for the applicable Term Bond in order of mandatory sinking fund redemption (or final maturity) dates determined by the Clerk, and the principal amount of such Term Bond to be redeemed on such mandatory sinking fund redemption dates by operation of the mandatory sinking fund requirements shall be reduced accordingly; provided, however, the Registrar and Paying Agent shall only credit 2010 Bonds against the mandatory sinking fund requirements to the extent such 2010 Bonds are received on or before 45 days preceding the applicable mandatory sinking fund redemption date. The Registrar shall determine by lot (treating each $5,000 principal amount of each 2010 Bond as a separate 2010 Bond for such purpose) the 2010 Bonds within a Term Bond of a particular maturity to be redeemed pursuant to the mandatory sinking fund redemption requirements on December 1 of each year. Notice of any such mandatory sinking fund redemption shall be given in the same manner as notice of optional redemption is required to be given pursuant to this Section 4 of this Ordinance, If 2010 Bonds are to be redeemed by optional redemption and mandatory sinking fund redemption on the same date, the Registrar shall select by lot the 2010 Bonds for optional redemption before selecting the 2010 Bonds by lot for the mandatory ,sinking fund redemption. In the event any of the 2010 Bonds are issued as Term Bonds, the form of the 2010 Bond set forth in Appendix B to this Ordinance shall be modified accordingly. Any reference to payment of' principal on the 2010 Bonds shall include payment of scheduled mandatory sinking fund redemption payments described in this Section 4. (d) All 2010 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered 2010 Bonds shall be issued for the unredeemed portion of any 2010 Bond without charge to the holder thereof, (e) No later than the date fixed for redemption, funds shall be deposited with the Paying Agent to pay, and the Paying Agent is hereby authorized and directed to apply such funds to the payment of, the 2010 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2010 Bond or portion thereof called for redemption until such 2010 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 2010 Bond. SECTION 5. Appointment of Registrar and Paying A ent. The Controller is hereby authorized to appoint a registrar and a paying agent for the 2010 Bonds ( "Registrar" or "Paying Agent "). The Registrar is hereby charged with the responsibility of authenticating the 2010 Bonds, and shall keep and maintain books for the registration and transfer of the 2010 Bonds. The Mayor is hereby authorized to enter into such agreements or understandings with any institution serving as Registrar and Paying Agent as will enable the institution to perform the services required of the Registrar and Paying Agent. The Controller is authorized to pay such fees as the institution may charge for the services it provides as Registrar and Paying Agent, and -7- such fees may be paid as fiscal agency charges from the Sinking Fund described herein to pay the principal of and interest on the 2010 Bonds. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first -class mail to each registered owner of the 2010 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or be sent by registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent, The City shall notify each registered owner of the 2010 Bonds then outstanding by first -class mail of the removal of the Registrar and Paying Agent. Notices to registered owners of the 2010 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 2010 Bonds and cash in its possession and the bond register to the successor Registrar and Paying Agent. At all times, the same entity shall serve as Registrar and as Paying Agent. SECTION G. Form of Bonds. The form and tenor of the 2010 Bonds shall be substantially as set forth in Appendix B, with all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery thereof: SECTION 7. Authorization for Book -Entry System. The 2010 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 2010 Bonds to the purchasers. The following provisions of this section apply in such event. One definitive 2010 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City, the Registrar and the Paying Agent may, in connection therewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2010 Bonds as are necessary or appropriate to accomplish or recognize such book -entry form 2010 Bonds. During any time that the 2010 Bonds remain and are held in book -entry form on the books of a Clearing Agency: (1) any such 2010 Bond may be registered upon the books kept by the Registrar in the name of such Clearing Agency, or any nominee thereof, including Cede & Co., as nominee of The Depository Trust Company; (2) except as otherwise described in the Continuing Disclosure Contract described below, the Clearing Agency in whose name such 20I0 Bond is so registered shall be, and the City, the Registrar and the Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2010 Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest on such 2010 Bond, the receiving of notice and giving of consent; (3) except as otherwise described in the Continuing Disclosure Contract, neither the City nor the Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of -g - which, any such participant holds any interest in any 2010 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2010 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 2010 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2010 Bond called for partial redemption prior to receiving payment so long as the Registrar, the Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2010 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2010 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2010 Bonds, then the City, the Registrar and the Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2010 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2010 Bonds and to transfer the ownership of each of the 2010 Bonds to such person or persons, including any other Clearing Agency, as the holders of the 2010 Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2010 Bonds, shall be paid by the City, During any time that the 2010 Bonds arc held in book -entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any direct or indirect participant with respect to the identity of any beneficial owner of 2010 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 2010 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2010 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 2010 Bonds are held in book -entry form on the books of a Clearing Agency, the Mayor, the Controller and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency or a Blanket Issuer Letter of Representations (the "DTC Letter of Representations "), and the provisions of any such DTC Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including, without limitation, same day funds settlement payment procedures. Further, during any time that the 2010 Bonds are held in book -entry form, the provisions of this section shall control over conflicting provisions in any other section hereof. SECTION 8. Sale of Bonds. (a) The Controller is hereby authorized and directed to have the 2010 Bonds prepared, and the Mayor, Controller and the Clerk are hereby authorized and directed to execute the 2010 Bonds in substantially the form and the manner herein provided. (b) The 2010 Bonds shall be sold in a competitive sale. The Controller shall cause to be published either (i) a notice of sale once each week for two consecutive weeks in accordance with I.C. §5- 3 -1 -2, in which case the date fixed for the sale shall not be earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days after the second of such publications, or (ii) a notice of intent to sell bonds once each week for two weeks in accordance with I.C. §5- 1 -11 -2 and I.C. §5 -3 -1 -4 and in a newspaper of general circulation published in the State capital. Said sale notice shall state the time and place of sale, the purpose for which the 2010 Bonds are being issued, the total amount thereof, the amount and date of each maturity, the maximum rate or rates of interest thereon, their denominations, the time and place of payment, the terms and conditions upon which bids will be received and the sale made and such other information as is required by law or as the Controller shall deem necessary. The Controller is designated as the officer responsible for the sale of the 2010 Bonds, and shall provide or cause to be provided all notices required by law. All bids for the 2010 Bonds shall be scaled and shall be presented to the Controller in accord with the terms set forth in the sale notice. Bidders for the 2010 Bonds shall be required to name the rate or rates of interest which the 2010 Bonds are to bear, which shall be the same for all 2010 Bonds maturing on the same date and the interest rate bid on any maturity of 2010 Bonds must be no less than the interest rate bid on any and all prior maturities, not exceeding eight percent (8 %) per annum, and such interest rate or rates shall be in multiples of one -one hundredth (1/100) of one percent (1 %). The Controller shall award the 2010 Bonds to the bidder who offers the lowest interest cost, to be determined by computing the total interest on all the 2010 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding thereto the amount of the discount, if any. No bid for less than nine percent (99 %) of the par value of the 2010 Bonds, plus accrued interest, shall be considered. The Controller may require that all bids be accompanied by certified or cashier's checks payable to the order of the City, or a surety bond, in an amount not to exceed one percent (1 %) of the aggregate principal amount of the 2010 Bonds as a guaranty of the performance of said bid, should it be accepted. If a lnancial surety bond is used, it must be from an insurance company Iicensed to issue such bond in the State, and such bond must be submitted to the City prior to the opening of the bids. The financial surety bond must identify each bidder whose good faith deposit is guaranteed by such financial surety bond. if the 2010 Bonds are awarded to a bidder utilizing a financial surety bond, then the purchaser is required to submit to the City a certified or cashier's check (or wire transfer such amount as instructed by the City) 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 2010 Bonds and pay for the same as soon as the 2010 Bonds are ready for delivery or at the time fixed in the notice of sale, then such good faith deposit and the proceeds thereof shall be the property of the City and shall be considered as its liquidated damages on account of such default. In the event no satisfactory bids are received on the day named in the sale notice, the sale may be continued from day to day thereafter for a period of thirty (30) days without readvertisement; provided, however, that if said sale is continued, no bid shall be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for sale in the bond sale notice. The Controller shall have full right to reject any and all bids. The opinion of bond counsel to the City approving the legality of the 2010 Bonds will be furnished to the purchaser at the expense of the City. I I� (c) Upon the consummation of the sale of the 2010 Bonds, the Controller is hereby authorized and directed to (i) to collect from the purchaser the purchase price for the 2010 Bonds; (ii) deliver the 2010 Bonds to the purchaser; and (iii) take the purchaser's receipt for the 2010 Bonds. The amount to be collected from the purchaser shall be the full amount which the purchaser has agreed to pay therefor, which shall be not less than, 99% of the par value of the 2010 Bonds plus accrued interest to the date of delivery. (d) The 2010 Bonds, when fully paid for and delivered to the purchasers, shall be the binding special revenue obligations of the City, payable out of the Net Revenues of the City's Sewage Works to be set aside into the Sinking Fund as herein provided. SECTION 9. Use of Bond Proceeds. Any accrued interest and premium received at the time of delivery of the 2010 Bonds shall be deposited in the Debt Service Account of the Sinking Fund described below and shall be applied to the payment of interest on the 2010 Bonds on the earliest interest payment dates. The remaining proceeds received from the sale of the 2010 Bonds shall be deposited in a bank or banks which are legally qualified depositories of the funds of the City, in a special account to be designated as the "City of South Bend, Indiana, 2010 Sewage Works Construction Account" (the "Project Fund "). The proceeds deposited in the Project Fund shall be expended only for the purpose of paying the cost of the Project and the costs of issuance of the 2010 Bonds. Any balance remaining in the Project Fund after the completion of the Project, which is not required to meet unpaid obligations incurred in connection therewith or to pay the costs of issuance of the 2010 Bonds, may be used as provided in Indiana Code 5 -1 -13, as amended, or as otherwise permitted by law. SECTION 1D. Official Statement and Continuing Disclosure Contract. (a) The Mayor and the Controller each are hereby authorized to deem final an official statement with respect to the 2010 Bonds, as of its date, in accordance with the provisions of Rule 15c2 -12 of the U.S. Securities and Exchange Commission, as amended (the "Rule "), subject to completion as permitted by the Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Mayor or the Controller in the form of a final official statement. (b) If necessary in order for the purchaser or the underwriter of the 2010 Bonds to comply with the Rule, the Mayor and /or the Controller are hereby authorized to execute and deliver, in the name and on behalf of the City, (i) an agreement by the City to comply with the requirements for a continuing disclosure undertaking of the City pursuant to subsection (b)(5) or (d)(2) of the Rule, and (ii) amendments to such agreement from time to time in accordance with the terms of such agreement (the agreement and any amendments, thereto are collectively referred to herein as the "Continuing Disclosure Contract "). The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Contract. The remedies for any failure of the City to comply with and carry out the provisions of the Continuing Disclosure Contract shall be as set forth therein. SECTION 11. Collection of Revenues.;. Funding Operation, Repair and Maintenance. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges shall be deposited in the Sewage Works Revenue Fund (the "Revenue Fund "), as set forth in the Prior Ordinances and continued hereby, and such revenues shall be segregated and kept separate and apart from all other funds and bank accounts of the City. Out of said revenues the proper and reasonable expenses of operation, repair and maintenance of the Sewage Works shall be paid, the principal and interest of all bonds and fiscal agency charges of bank paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid as hereinafter provided. On the last day of each calendar month there shall be credited from the Revenue Fund to the Sewage Works Operations and Maintenance Fund (the "Operations Fund "), as set forth in the Prior Ordinances and continued hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the Sewage Works on a day -to -day basis, but none of such moneys in such fund shall be used for deprecation, replacements, improvements, extensions or additions. Any balance in the Operations Fund in excess of the expected expenses of operation, repair and maintenance for the then next succeeding month may be transferred to the Sinking Fund referred to below if necessary to prevent a default in payment of principal or interest on outstanding bonds. SECTION 12. Sewage Works_Sinking Fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking Fund (the "Sinking Fund ") previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account and the Reserve Account previously established and continued hereby in said Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal of and interest on all of the then outstanding bonds of the Sewage Works to the final maturity thereof. (b) Bond and Interest Account. There shall be transferred, on or before the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account, an amount equal to the sum of one -sixth (116) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one- twelfth (1/12) of the amount of principal payable on all then outstanding bonds of the Sewage Works payable on the then next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding respective interest and principal payment dates shall have been so credited; provided that such fractional amounts shall be appropriately increased, if necessary, to provide for the first interest and first principal payments on the 2010 Bonds. There shall similarly be credited to the Bond and Interest Account any amount necessary to pay the bank fiscal agency charges, if any, for paying the principal of and interest on outstanding bonds of -12- the Sewage Works as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owners of the outstanding bonds of the Sewage Works or to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of any bank fiscal agency charges. (c) Reserve Account. On the date of delivery of the 2010 Bonds or any other bonds payable from the Reserve Account, funds on hand of the Sewage Works, proceeds of the 2010 Bonds or such other bonds or a combination thereof may be deposited into the Reserve Account. Except as otherwise required by the Prior Ordinances, the balance to be maintained in the Reserve Account shall equal but not exceed an amount (the "Reserve Requirement ") equal to the least of (i) maximum annual debt service on the 2010 Bonds and any other bonds payable from the Reserve Account, (ii) one hundred twenty -five percent (125 %) of average annual debt service on the 2010 Bonds and any other bonds payable from the Reserve Account, or (iii) ten percent (10 %) of the proceeds of the 2010 Bonds and any other bonds payable from the Reserve Account, plus if and to the extent the amount set forth above is less than maximum annual debt service on the 2010 Bonds and any other bonds payable from the Reserve Account, a minor portion of the proceeds thereof under ,Section 148(c) of the Internal Revenue Code of 1986, as amended (the "Code "). Notwithstanding such Reserve Requirement, certain of the Prior Ordinances require a Reserve Requirement in an amount equal to the maximum annual debt service on the sewage works revenue bonds payable from the Reserve Account (including the 2010 Bonds and the Prior Bonds) so long as the Prior Bonds with such a Reserve Requirement are outstanding. If the initial deposit into the Reserve Account does not equal the Reserve Requirement, or if no deposit is made, the City shall deposit a sum of Net Revenues into the Reserve Account on the last day of each calendar month until the balance equals the Reserve Requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the Reserve Requirement within five (5) years of the date of delivery of the 2010 Bonds. The Reserve Account shall constitute the margin for safety and protection against default in the payment of principal of and interest on the 2010 Bonds and any other bonds payable from the Reserve Account, and the moneys in the Reserve Account shall be used to pay current principal and interest on the 2010 Bonds and any other bonds payable from the Reserve Account to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. Any deficiency in the balance maintained in the Reserve Account shall be made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. Any moneys in the Reserve Account in excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement Fund (as described herein) or be used for the purchase of outstanding bonds or installments of principal of fully registered bonds at a price not exceeding par and accrued interest, and redemption premium, if any. As an alternative to holding cash funds in the Reserve Account, the City, with the advice of the Financial Advisor and the City's bond counsel, may satisfy all or any part of its obligation to maintain any amount in the Reserve Account by depositing a Credit Facility (as defined in the next sentence) therein, provided that such deposit does not adversely affect any then existing rating on the 2010 Bonds. Notwithstanding the prior sentence, certain of the Prior Ordinances require the City to additionally give notice to (and /or seek the consent of) the holder of certain of - 13 - the Prior Bonds so long as such Prior Bonds are outstanding prior to any deposit of a Credit Facility in the Reserve Account. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City. As long as any such Credit Facility is in full force and effect, any valuation of the Reserve Account shall treat the maximum amount available under such Credit Facility as its value. To the extent that any 2010 Bonds are insured, and the Credit Facility is not being provided by the insurer of such 2010 Bonds, such insurance policy shall be subject to the insurer's prior written consent. The Mayor and the Controller are hereby authorized to obtain such a Credit Facility for each series of 2010 Bonds being sold, and are authorized to enter into any agreements with such Credit Facility provider that they deem necessary with the advice of the Financial Advisor. Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. SECTION 13. Sewage Works Improvement Fund. On the first day of each calendar month after the 2010 Bonds are issued, after meeting the requirements for operation, repair, and maintenance and the Sinking Fund, all available net revenues shall be credited to the Sewage Works Improvement Fund as set forth in the Prior Ordinances and continued hereby. Said fund shall be used for improvements, replacements, additions and extensions of the Sewage Works. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or if necessary to eliminate any deficiencies in credits to or minimum balance in the Debt Service Reserve Account of the Sinking Fund. SECTION 14. Investments. The moneys in any of such funds or accounts shall be invested in accordance with the laws of the State of Indiana relating to the depositing, holding, securing or investing of public funds, and in accordance with the arbitrage certificate delivered at the time of delivery of any bonds payable from such funds and accounts. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges and from the investment of moneys in the funds herein created shall be segregated and kept separate and apart from all other funds and accounts of the City. No moneys derived from the revenues of the Sewage Works (including investment income) shall be transferred to the general fund of the City or be used for any purpose not connected with the Sewage Works if such transfer or use would interfere with the flow of funds set forth herein. Investment income from such funds and accounts shall, except as otherwise provided herein, be treated as revenues of the Sewage Works, and shall be used as provided in this Ordinance. SECTION 15. Books and Records. The City shall keep proper books of records and accounts, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues collected from the Works and deposited in said funds, all disbursements made therefrom on account of the operation of the Works and to meet the requirements of the Sinking Fund, and all other transactions relating to the Works, including the cash balances in each of the funds and accounts described herein as of the close of the preceding fiscal year. Upon written request, there shall be prepared and furnished to the original purchasers of the 2010 Bonds and to any subsequent owner of the bonds at the time then outstanding, not more than four (4) months after the close of each fiscal year, operating income and expense and balance sheet statements of the Works, covering the preceding fiscal year, which annual statements shall be certified by the Controller, or the person charged with the duty of auditing the books and records relating to the Works, or such statements may be prepared by an independent certified public accountant retained by the City for the purpose of preparing such statements. Copies of all such statements and reports shall be kept on file in the office of the Controller. Any owner or owners of the 2010 Bonds then outstanding shall have the right at all reasonable times to inspect the Works and ail records, accounts and data of the City relating thereto. Such inspections may be made by representatives duly authorized by written instrument. SECTION 16. Rate Covenant. The City shall, to the fullest extent permitted by law, establish, maintain and collect just and equitable rates and charges for the use of and the services rendered by said Sewage Works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage system of the City, or that in any way uses or is served by such Works. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, for depreciation and improvement, and for the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the 2010 Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the 2010 Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. SECTION 17. Defeasance. If, when the 2010 Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2010 Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2010 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non - callable obligations of (including obligations issued or held in book - entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2010 Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues. - 15 - SECTION 18. Additional Bonds. The City reserves the right to authorize and issue additional bonds, payable out of the revenue of its Sewage Works, ranking on a parity with the 2010 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the Sewage Works or to provide for a complete or partial refunding of the 2010 Bonds or other bonds payable out of the revenues of the Sewage Works, subject to the following conditions: (a) The interest on and principal of all bonds payable from the revenues of the Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this condition shall be deemed satisfied if any required amount is to be provided from the proceeds of the parity bonds or other funds of the City. (b) All required deposits to the Sinking Fund shall have been made in accordance with the provisions of the Ordinance. (c) The Net Revenues of the Sewage Works in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2010 Bonds shall be not less than one hundred twenty -five percent (125 %) of the maximum annual interest and principal requirements of the then outstanding 2010 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued; or, prior to the issuance of said parity bonds, the sewage rates and charges shall be increased sufficiently so that said increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for said year equal to not less than one hundred twenty -five percent (125 %) of the maximum annual interest and principal requirements of the then outstanding 2010 Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued. For purposes of this subsection, the records of the Sewage Works shall be analyzed and all showings shall be prepared by a certified public accountant or independent financial advisor employed by the City for that purpose. (d) The principal of the additional parity bonds shall be payable annually on December 1 and the interest shall be payable semiannually on June 1 and December 1 during the periods in which principal and interest are payable. SECTION 19. Additional Covenants of the City. For the purpose of further safeguarding the interests of the holders of the 2010 Bonds, it is specifically provided as follows: (a) All contracts let by the City in connection with the construction of said additions and improvement to the Sewage Works in connection with the Project shall be let after due advertisement as required by the laws of the State of .Indiana, and all contractors shall be required to furnish surety bonds in an amount equal to one hundred percent (100 %) of the amount of such contracts, to insure the completion of said contracts in accordance with their terms, and such contractors shall also be required to carry such employers liability and public liability insurance as are required under the laws of the State of Indiana in the case of public contracts, and shall be governed in all respects by the laws of the State of Indiana relating to public contracts. -16- (b) All additions and improvement to the Sewage Works in connection with the Project shall be constructed under the supervision and subject to the approval of the Engineers or such other competent engineer as shall be designated by the Board. All estimates for work done or material furnished shall first be checked by the Engineers or such other competent engineer as shall be designated by the Board and approved by the Board. (c) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (d) So long as any of the 2010 Bonds are outstanding, the City shall maintain insurance on the insurable parts of the Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. In addition to or in lieu of the foregoing, the City may provide for coverage on all or part of the Works comparable to that described above through a self - insurance program. Insurance proceeds shall be used in replacing or repairing the property destroyed or damaged; or if not used for that purpose shall be treated and applied as Net Revenues of the Works. (e) So long as any of the 2010 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works. (f) So long as any Prior Bonds are held by the Indiana Finance Authority (the "Authority ") and remain outstanding: (i) the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works, without the prior written consent of the Authority, and (ii) the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (g) Except as provided in Section 18 hereof, so long as any of the 2010 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the Sewage Works shall be authorized, executed, or issued by the City except such as shall be made subordinate and junior in all respects to the 2010 Bonds, unless all of the 2010 Bonds are redeemed, retired, or defeased coincidentally with the delivery of such additional bonds or other obligations. (h) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or -17- industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with the Sewage Works. (i) This Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of any 2010 Bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. 0) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2010 Bonds for the uses and purposes herein set forth. The provisions of this Ordinance shall also be construed to create a trust in the portion of the Net Revenues herein directed to be set apart and paid into the Sinking Fund and for the uses and purposes of said Fund as set forth in this Ordinance. The owners of the 2010 Bonds shall have all of the rights, remedies and privileges set forth under the Act in the event of default in the payment of the principal of or interest on any of the 2010 Bonds or in the event of default with respect to any of the provisions of this Ordinance or the Act. SECTION 20. Tax Covenants. In order to preserve the exclusion of interest on the 2010 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2010 Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2010 Bonds or property financed by the 2010 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2010 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take -or -pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2010 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2010 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to a non- governmental person in any manner that would in substance constitute a loan of the 2010 Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2010 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2010 Bonds pursuant to Section 103 of the Code, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2010 Bond proceeds or other monies treated as 2010 Bond proceeds to the federal government as provided in Section 148 of the Code, and will set aside such monies, which may be paid from investment income on funds and accounts, in trust for such purposes. (d) The City will file an information report Norm 8038 -G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2010 Bond is outstanding hereunder which would cause any 2010 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations applicable thereto as in effect on the date of delivery of the 2010 Bonds. The City will not take any action or fail to take any action with respect to the 2010 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2010 Bonds pursuant to Section 103(a) of the Code, and the City will not act in any manner which would adversely affect such exclusion. Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Covenants ") which are designed to preserve the exclusion of interest on the 2010 Bonds from gross income under federal income tax law (the "Tax Exemption ") need not be complied with if the City receives an opinion of nationally recognized bond counsel that any Tax Covenant is unnecessary to preserve the 'Fax Exemption. SECTION 21. Amendments. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty -six and two - thirds per cent (66- 2/3%) in aggregate principal amount of the 2010 Bonds then outstanding shall have the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2010 Bond or an advancement of the earliest redemption date on any 2010 Bond; or (b) A reduction in the principal amount of any 20I0 Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable; or (c) The creation of a lien upon or a pledge of the revenues of the Sewage Works ranking prior to the pledge thereof created by this Ordinance; or (d) A preference or priority of any 2010 Bond or 2010 Bonds over any other 2010 Bond or 2010 Bonds; or (e) A reduction in the aggregate principal amount of the 2010 Bonds required for consent to such supplemental ordinance. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the registration books held by the 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 2010 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2010 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2010 Bonds of not less than sixty -six and two- thirds per cent (66 -213 %) in aggregate principal amount of the 2010 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2010 Bonds, whether or not such owners shall have consented thereto. No owner of any 2010 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 2010 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 2010 Bonds, and the terms and provisions of the 2010 Bonds and this Ordinance, or any supplemental ordinance, may be modified or altered in any respect with the consent of the City and the consent of the owners of all the 2010 Bonds then outstanding. Without notice to or consent of the owners of the 2010 Bonds, the City may, from time to time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with the terms and provisions hereof (which supplemental ordinances shall thereafter form a part hereof), (a) to cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; or (b) to grant to or confer upon the owners of the 2010 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2010 Bonds; or (c) to procure a rating on the 2010 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance will not adversely affect the owners of the 2010 Bonds; or (d) to make any other change which is not to the prejudice of the owners of the 2010 Bonds; or -20- (e) to provide for the refunding or advance refunding of the 2010 Bonds. SECTION 22. Defaults. In the event available moneys hereunder, subject to the restrictions on use of money held under this Ordinance as set forth herein, are insufficient to pay debt service on all bonds payable from the revenues of the Sewage Works when due, available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2010 Bonds and any bonds issued on parity with the 2010 Bonds as follows: First - To the payment to the persons entitled thereto of all installments of interest then due, including interest on any past due principal at the rate borne by such bond, in the order of the maturity of the installments of such interest and, if the amount available shall not be sufficient to pay in full any particular installment, then to such payment ratably, according to the amounts due on such installments, to the persons entitled thereto, without any discrimination or privilege; and Second - To the payment to the persons entitled thereto of the unpaid principal of and premium on any of such bonds which shall have become due either at maturity or pursuant to a call for redemption (other than bonds called for redemption for the payment of which other moneys are held), in the order of their due dates, and, if the amount available shall not be sufficient to pay in the amounts due on any particular date, then to such payment ratably, according to the amount due on such date, to the persons entitled thereto without any discrimination or privilege. During the continuance of any default in the payment of either principal of or interest or premium on any 2010 Bond or bonds issue on parity with the 2010 Bonds, no payment shall be made with respect to any subordinate and junior bonds ( "Junior Bonds "). Moneys available for payment to holders of Junior Bonds shall, in the event of an insufficient amount being available to pay all debt service with respect to the Junior Bonds when due, be applied to the Junior Bonds in accordance with the sequence and other terms set forth above with respect to payments regarding bonds issued on parity with the 2010 Bonds unless otherwise provided in the ordinance authorizing the Junior Bonds. SECTION 23, Bank Qualification. The City hereby designates the 2010 Bonds as "qualified tax - exempt obligations" under the provisions of Section 265(b)(3) of the Code, relating to the disallowance of 100% of the deduction of interest expense allocable to tax - exempt obligations. The 2010 Bonds qualify for the exception in Section 265 of the Code from the disallowance of 100% of the deduction by financial institutions of interest expense allocable to tax - exempt obligations, and are so designated, because: (a) the 2010 Bonds are not private activity bonds as defined in Section 141 of the Code; (b) the City has herein designated the 2010 Bonds as "qualified tax - exempt obligations" for purposes of Section 265(b)(3) of the Code; (c) the reasonably anticipated amount of qualified tax - exempt obligations (excluding private activity bonds) which will be issued by or on behalf of the City, all entities which issue obligations on behalf of the City and all subordinate entities during the current calendar year will not exceed $30,000,000; and (d) the City, all entities which issue obligations on behalf of the City and all -21 - subordinate entities have not designated more than $30,000,000 of qualified tax - exempt obligations during the current calendar year. SECTION 24. No Conflict. Except as described below, all ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 25. Seveerability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 26. Bond Insurance. In connection with the sale of the 2010 Bonds, the Mayor, the Controller and the Clerk are each authorized to execute and deliver such agreements and instruments as they deem advisable to secure bond insurance for the 2010 Bonds, and the execution and delivery of such agreements and instruments are hereby approved. The premium, if any, for such bond insurance shall be payable from the proceeds of the 2010 Bonds. SECTION 27. Rates and Charges. The estimate of rates and charges which will be needed and charged to the general classes of users of property to be served by the Sewage Works in order to provide sufficient moneys to make payments of principal and interest on the 2010 Bonds, along with the other payments identified in this Ordinance, is set forth in Ordinance No. 10019 -10, adopted by the Common Council on June 28, 2010. SECTION 28. 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 29. Effectiveness. This Ordinance shall be in full force and effect from and after its passage, provided, the provisions of the ordinances pursuant to which the Prior Bonds were issued shall remain in effect and shall supersede the provisions of this Ordinance in the event of any conflict with this Ordinance until such time as the Prior Bonds are all defeased on paid in full. SECTION 30. Notice of Adoption and Purport of this Ordinance. Upon passage of this Ordinance, the Clerk of the City shall immediately cause to be published in accordance with Indiana Code 5 -3 -1, a notice of the adoption and purport of this Ordinance in accordance with Indiana Code Section 36- 9- 23 -10. In the event that any objecting petition is filed in accordance with Indiana Code Section 36- 9- 23 -12, no further proceedings shall be taken by the City relating to the Project until the later of (i) the date on which the court having jurisdiction over such matter confirms the decision of the City to issue bonds relating to the Project, or (ii) if an appeal is taken, the date on which the appropriate court of last resort confirms the decision of the City to issue bonds relating to the Project, except as permitted by Indiana Code Section 36- 9- 23- 12(f). -22- SECTION 31. Actions and Agreements. Each of the Mayor, the Controller and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. this Ist R,EADINIG �0 ?U,�L;C HFARNG , - O.V REFERRED PASSF, »' PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, day of , 2010. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council op" -23- flle',l.w' Office rT ?. 0- 2010 jr)[- N KORMF CITY GUilii. M DE;Tl' TP4. APPENDIX A PROJECT DESCRIPTION The Project consists of the acquisition, construction and installation of certain additions, extensions and improvements to the Sewage Works, including: 1. Pleasant Street Phase 2 - Sewer separation improvements along Pleasant Street from 29`h Street to 36'h Street. 2. East Bank Sewer Separation Phase 1 - Sewage separation improvements for Combined Sewage Overflow ( "CSO ") separation along the East Race waterway within the City. 3. Sewage Lift Station Rehabilitation - Repair and rehabilitation of sewage lift stations. 4. Diamond Avenue Phase 1 - Sewer separation improvements along Angela Boulevard /Riverside Drive to Woodward Avenue within the City. 5. Preparation of CSO Long -Term Control Plan Designs. 6. Making any and all additional improvements related to the foregoing. I:0i APPENDIX B FORM OF 2010 BOND UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND SEWAGE WORKS REVENUE BOND OF 2010 Interest Maturity Original Authentication Rate Date Date Date CUSIP % 1, 20_ , 20_ , 20__ _ REGISTERED OWNER: Cede & Co. PRINCIPAL SUM: Dollars ($ } The City of South Bend, in St. Joseph County, State of Indiana, for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond is subject to and is called for redemption prior to maturity as hereinafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding an interest payment date and on or before such interest payment date in which case interest shall be paid from such interest payment date, or unless this bond is authenticated on or before 15,20 in which case it shall bear interest from the Original Date, which interest is payable semi - annually on the first day of June and December of each year, beginning on 1,20 The principal of this bond is payable at the office of , (the "Registrar" or "Paying Agent "), in , Indiana. All payments of interest on this bond shall be paid by check or draft mailed one business day prior to the interest payment date to the registered owner hereof as of the fifteenth day of the month preceding the interest payment date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the registered owner. All payments of principal of this bond shall be made upon surrender thereof at the principal corporate trust office of the Paying Agent in any coin or currency of the United States of America which on the dates of such payment shall be legal tender for the payment of public and private debts. This bond is one of an authorized issue of bonds (the "Bonds ") of the City of South Bend, Indiana, of like original date, tenor and effect, except as to denomination, numbering, interest rates, redemption terms and dates of maturity, in the total amount of Dollars ($ ), numbered from R -1 up, issued for the purpose of providing funds to be applied to the cost of certain additions, extensions and improvements to the sewage works of the City (the "Sewage Works" or the "Works "), and to pay all expenses necessarily incurred in connection with the issuance of such bonds, as authorized by Ordinance No. adopted by the Common Council of the City of South Bend on the day of , 2010, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana Authorizing the Acquisition, Construction and Installation of Certain Additions, Extensions and Improvements for the City's Sewage Works, the Issuance and Sale of Revenue Bonds to Provide Funds for the Payment of the Costs Thereof, and the Collection, Segregation and Distribution of the Revenues of Such Sewage Works, and Other Related Matters" (the "Ordinance "), and in strict compliance with the provisions of I.C. 36 -9 -23, as amended (collectively, the "Act "). Pursuant to the provisions of the Act and said Ordinance, the principal of and interest on (1) this bond and all other bonds of this issue, (ii) all Prior Bonds (as defined in the Ordinance), which Prior Bonds are on a parity with this bond and all other bonds of this issue, and (iii) all bonds hereafter issued on a parity with this bond and all other bonds of this issue, are payable solely from the Sewage Works Sinking Fund, as described in the Ordinance, to be provided from the Net Revenues (defined as the gross revenues of the Sewage Works of the City after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes). This bond and the issue of which it is a part, together with the Prior Bonds and any parity bonds hereafter issued constitute a first charge against said Net Revenues. The City of South Bend irrevocably pledges the entire Net Revenues of said Sewage Works to the prompt payment of the principal of and interest on the bonds authorized by the Ordinance, of which this is one, and any bonds ranking on a parity therewith (including the Prior Bonds), to the extent necessary for that purpose, and covenants that it will cause to be fixed, maintained and collected such rates and charges for service rendered by the Works as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, to provide for proper depreciation and for the payment of the sums required to be paid into said Sewage Works Sinking Fund under the provisions of the Ordinance. In the event the City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for under Indiana law. The City of South Bend further covenants that it will set aside and pay into its Sewage Works Sinking Fund a sufficient amount of the Net Revenues of the Works to (a) pay the principal and interest payments on all bonds payable from the Net Revenues of the Sewage Works, as such principal and interest shall fall due, (b) pay the necessary fiscal agency charges for paying all bonds and interest as required by the Ordinance, and (c) an additional amount I: necessary to maintain the reserve required by the Ordinance. Such required payments shall constitute a first charge upon all the Net Revenues of the Works. [The Bonds maturing on and after 1, 20_, are redeemable at the option of the City on 1, 20_, or any date thereafter, on thirty (30) days' notice, in whole or in part, in inverse order of maturity and by lot within a maturity, at face value, together with the following premiums: _% if redeemed on 1, 20 or thereafter on or before , 20_; _% if redeemed on , 20 or thereafter prior to maturity; plus in each case accrued interest to the date fixed for redemption.] [Notice of redemption shall be mailed to the address of the Registered Owner as shown on the registration record of the City, as of the date which is forty -five (45) days prior to such redemption date, not less than thirty (30) days prior to the date fixed for redemption. The notice shall specify the date and place of redemption and sufficient identification of the Bonds called for redemption. The place of redemption may be determined by the City. Interest on the Bonds so called for redemption shall cease on the redemption date fixed in such notice, if sufficient funds are available at the place of redemption to pay the redemption price on the date so named.] [The Bonds shall be called for redemption in multiples of $5,000. The Bonds in denominations of more than $5,000 shall be treated as representing the number of Bonds obtained by dividing the denomination of the Bond by $5,000 within a maturity. The Bonds may be redeemed in part. In the event of the redemption of the Bonds in part, upon surrender of the Bond to be redeemed, a new Bond or Bonds in an aggregate principal amount equal to the unredeemed portion of the Bond surrendered shall be issued to the Registered Owner.] This bond is subject to defeasance prior to payment as provided in the Ordinance and the owner of this bond, by the acceptance hereof, hereby agrees to all the terms and provisions contained in the Ordinance. This bond is transferable or exchangeable only upon the books of the City kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the Registered Owner or his attorney duly authorized in writing, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. The City, any registrar and any paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest due hereon. 0 The bonds maturing in any one year are issuable only in fully registered form in the denomination of $5,000 or any integral multiple thereof not exceeding the aggregate principal amount of the bonds maturing in such year. [This bond has been designated as a qualified tax - exempt obligation for purposes of Section 265(b) of the Internal Revenue Code of 1986, as amended.] [A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the bonds of this issue (the "Contract "), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of this bond and all other bonds of this issue, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.] THIS BOND SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA, AND THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST THEREON EXCEPT FROM THE SPECIAL FUND, ENTITLED "SEWAGE WORKS SINKING FUND" AS DESCRIBED HEREIN, PROVIDED FROM THE NET REVENUES OF THE CITY'S SEWAGE WORKS UTILITY. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the preparation and complete execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. IZ IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signatures of the Mayor and Controller, its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its City Clerk.. (SEAL OF CITY) ATTEST: City Clerk. CITY OF SOUTH BEND, INDIANA CERTIFICATE OF AUTHENTICATION Mayor Controller It is hereby certified that this bond is one of the bonds described in the within - mentioned Ordinance duly authenticated by the Registrar. as Registrar By Authorized Representative (Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address) $ principal amount (must be a multiple of $5,000) of the within bond and all rights thereunder, and hereby irrevocably constitutes 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 change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. «1 - 111 -7 oW KI ITOW10 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 .IT 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 though not in the list above. SBDS02 PFACCENDA 410419A i W PALM & ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS P.O. BOX 960 - 8888 EAST U.S. HWY. 24 NEW CARLISLE, INDIANA 46552 -4960 ROBERT D. PALM, LS., P.E. TELEPHONE (574) 654 -3450 FAX (574) 654.3450 October 20, 2010 \ �0 I (� TO THtE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA RE: Petition to Vacate East/West alley North of Colfax Avenue, from Sycamore Street west to the St. Joseph River Petitioner: David Matthews East Bank South Bend Development, LLC Site Address: Northwest Corner Colfax Ave. & Sycamore Street South Bend, Indiana The Petitioner, David Matthews of East Bank South Bend Development, LLC, developer of the East Bank Townhomes is seeking the Vacation of the East/West Alley between LaSalle Street and Colfax Avenue lying West of Sycamore Street. The Petitioner is seeking this alley vacation so that the proposed East Bank Townhome project adjoining to the south can utilize the existing vehicular access for access to the townhomes. The Townhome project features eight exclusive waterfront residential units. It is the intention of the Petitioner to provide an ingress /egress easement in order for the River Place office to maintain their rights to utilize this access. Also, in accordance with the recommendation of the Board of Public Works the Petitioner is to provide a permanent easement for construction, maintenance, and utility access. Sincerely, �; I I 'A-c Robert D. Falm, L.S., P.E. Surveyor/Engineer for the Petitioner: w,..._.. _ ........._. ORDINANCE f • The East/West Alley between LaSalle Street and Colfax Avenue lying rest of Sycamore Street, Portage Township, City of South Bend, St. Joseph County, 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 I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East/West alley North of Colfax Avenue, from Sycamore Street to the St. Joseph River for a distance of 257.4 feet and a width of 14 feet. Being a part of Miller's Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION ll. 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 Ill. The following property may be injuriously or beneficially affected by such vacating: 01 8- 5003 -0041 018- 5003 -0040 018- 5003 -0056 Section IV. The purpose of the vacation of the real property is so that the East Bank Section IV. The purpose of the vacation of the real property is so that the East Sank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. SECTION V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. !'member of the Common Coun i Attest: City Clerk Presented by me to the Mayor of the City of South Send, Indiana on the clay of , 2 , at o'clock . M. Approved and signed by me on the o'clock . M. 5 PEAWNG HEARING i?.�L`11- Di1\1IS : t`A RED ACCC1i City Clerk day of , 2 , at Mayor, City of South Bend, Indiana 1 v' I l. g.g �. f4v'" v F• `J PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: October 19, 2010 I (WE), THE UNDERSIGNED PROPERTY OWNERS), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first East/West alley North of Colfax Avenue, from Sycamore Street to the St. Joseph River for a distance of 257.4 feet and a width of 14 feet. Being a part of Miller's Subdivision and also being a part of the Original Town of Lowell, Portage Township, City of South Bend, St. Joseph County, Indiana. B. THE STREET DESCRIBED AS: N E (signed & P RETURN TO: ADDRESS City of South Bend Department of Redevelopment 227 W. Jefferson, 121h Floor South Bend, IN 46601 CONTACT PERSON (S) [►LT�L� OFFICE OF THE CITY CLERK ADDRESS JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 PHONE: KEY NUMBER 018- 5003 -0058 018- 5003 -0056 David Matthews East Bank South Bend Development, LLC P.O. Box 338 Notre Dame, IN 46556 (765) 409 -3841 u'. i- I I .It O 0 Sn d 0 C; CL (D CO 0 z 0 W (D 0 r- 0 cn 0 CL O 0 1n L t 0 0 0 a > ., 0 O 0 0 n (D rn 0 U) (L >, CD 0 E 4D 0 0 C, 0 018 - 5003 -0041 SBL Building Co. LLC 212 E. LaSalle Ave,, Ste, 100 South Bend, IN 46617 018 -5003 -0040 Maennerchor Club of South Bend 217 -219 Sycamore St. South Bend, M 46617 018- 5003 -0059 Tycore LTD P.D. Box 540 South Bend, IN 46624 015 -5003- 005901 018 - 5003 -0058 018 -5003 -0056 City of South Bend Dept. of Redevelopment 227 W. Jefferson, 12� Floor South Bend, IN 46601 018- 5003 - 005902 018 -5003- 005903 United Tele Spectrum of Indiana Inc. C/o Sprint Cellular Tax Dept. 180 Washington Valley Road Bedminster, NJ 07921 018- 5003 -0047 Jack L. Hofferth 56545 'Twin Branch Drive Mishawaka, IN 46545 018 - 5003 -0045 018- 5003 -0049 Fire Arts Inc. 305 E. Colfax South Bend, IN 46601 Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byorni Larry P. NMagiiozzi Executive Director Assistant Director Phone 574 235 -9571 www.stjosephcountyindiana .corn /areaplan Fax 574 235 -9813 October 20, 2010 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of 3609 Western Avenue Land Trust LLC to zone from LB Local Business District to CB Community Business District, property located at 3609 Western Avenue, City of South Bend - APC# 2567 -10 Dear Council Members: I hereby Certify that the above referenced ordinance of 3609 Western Avenue Land Trust LLC was legally advertised on Thursday, October 7, 2010 and that the Area Plan Commission at its public hearing on Tuesday, October 19, 2010 took the following action; Upon a motion by John DeLee, being seconded by Jack Mel] and unanimously carried, the proposed ordinance of 3609 Western Avenue Land Trust LLC to zone from LB Local Business District to CB Community Business District, property located at 3609 Western Avenue, City of South Bend is sent to the Common Council with a favorable recommendation. The proposed use is an appropriate adaptive reuse of the property. This use meets the objectives of City Plan and the Western Avenue Commercial Corridor Revitalization Action Plan. By meeting the required development standards relative to parking and landscaping, adjacent properties will be buffered and the Western Avenue commercial corridor strengthened. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, i JWB jsc Attachment 3609 Western Avenue Land Trust LLC Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St, Joseph County, Indiana pol 1� � „ , I Staff ReAOrt APC # 2567 -10 Owner: 3609 Western Avenue Land Trust LLC Location: 3609 Western Avenue Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from LB Local Business District to CB Community Business District to allow a mechanic shop. Land Uses and Zoning: On site: On site is a vacant building. North: To the north are single family homes zoned SF2 Single Family and Two Family District. East: To the east is a convenience store zoned LB Local Business District. South: To the south is a hardware store and greenhouse zoned MU Mined Use District. To the southwest is a laundry zoned LB Local Business District. West: To the west is a towing company zoned GB General Business District. District uses and development standards: The CB — Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor operations. Developments within the CB District shall be coordinated to facilitate vehicular and pedestrian access from nearby residential districts. Site plan description: The petitioner submitted a less than sufficient site plan and none of the requested changes have been made at the time of this publication. The 16,320 square foot site is essentially developed with an existing 1,232 square foot building with two service bays. Access is from Western Avenue on the east of the lot. Parking and landscaping need to be addressed. The staff would not support variances for either. Zoning and land use history & trends: Prior to 2004, this property was zoned C Commercial - d "height and area ". Existing cement pads indicate this site was once used for gasoline sales. Traffic and transportation considerations: Western is a four lane road. Wellington is a two lane road. Additional information: (Agency comments) The Department of Community and Economic Development recognizes the history of this site as an automotive use and agrees this rezoning would be acceptable if the impacts of the zoning change on neighboring property were mitigated by meeting the CB development standards, especially for minimum yards and landscaping. 3609 Western Avenue Land Trust LLC #2567 -10 Page 1 of 2 5 Criteria (per IC 36- 7- 4- 603): L Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Rezoning this parcel would meet these objectives. Land Use Plan: The Future Land Use Map identifies this area as commercial (office & retail). Plan Implementation/Other Plans: Westem Avenue ComMMial Corridor Revitalization Action Plan, June 1999 Objective: Attract developers, merchants, and small business owners interested in locating in neighborhood commercial nodes. Objective: Recruit new businesses to existing space. Rezoning this parcel would meet these objectives. 2. Current conditions and character: Western Avenue is a commercial strip known for its many car - related uses, convenience stores and restaurants. Recently sidewalks were added to aid the flow of walking traffic. 3. Most desirable use: The most desirable use is to allow the re -use of the older commercial space. 4. Conservation of property values: It is the staffs opinion that, with proper landscaping, the surrounding property values should not be adversely affected. 5. Responsible development and growth: The proposed redevelopment of a vacant structure is a positive example of adaptive reuse. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The proposed. use is an appropriate adaptive reuse of the property. This use meets the objectives of City Plan and the Western Avenue Commercial Corridor Revitalization Action Plan. By meeting the required development standards relative to parking and landscaping, adjacent properties will be buffered and the Western Avenue commercial corridor strengthened. 3609 Western Avenue Land Trust LLC #2567 -10 Page 2 of 2 "LB °" LOCAL 'BUSINESS DISTRICT to "CS" COMMUNITY BUSINESS DISTRICT" SM SOUTH BEND "SF2" SINGLE FAMILY AND TWO FAMILY DISTRIC SOUTH BEND "MU" MIXED USE DISTRICT SOUTH BEND "LB" LOCAL. BUSINESS DISTRICT .g SOUTH BEND "GB "GENERAL BUSINESS DISTRICT *�-nlo` S 1 inch = 100 feet IRDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This property is currently zoned LB Local Business. I would like to have it changed to CB Community Business. This property was an old service station and I would like to change it into a mechanic shop. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: Lot # 1051 & West % Vacated Alley Lasalle Park be and the same is hereby established as CB Community Business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk � 51 READ #I�IC 3 rd READING Pjo-f APPROV RUERRED PASS 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 Bate Filed Date received by the Area Plan Commission Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 3609 Western Ave. South Bend, Indiana, 46619 2) Name and address of property owner(s) of the petition site: 3609 Western Ave. Land Trust LLC or John Trotter 1524 Liston Ave., South Bend, Indiana 46628 Phone: 286 -2620 3) Name and address of contingent purchaser(s), if applicable: NIA 4) It is desired and requested that this property be rezoned from LB Local Business to CB Community Business 5) This rezoning is requested to allow the following use(s): Mechanic Shop 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street Barnes, printed in 8%" x I I" format. PETITION PREPARED BY: Name: Charles Trotter Full Address and Phone Number 125 N. Olive St. South Bend, IN 46619 286''620 Contact Person: Same Signature 7-1-�r Flf� d In Cfzt-r-k's Offte SEP -2010 rJfO[�NT -1 r �qORDCEn t{ !� Pi" VLF ipiJ � V. BEN-D, FAY.