Loading...
HomeMy WebLinkAbout11-08-10 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, NOVEMBER 8, 2010 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE ,SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 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 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT_T_ Mn 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 60 -10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH.BEND, INDIANA 67 -10 PUBLIC HEARING 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 66 -10 PUBLIC HEARING 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 2510 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 61 -10 PUBLIC HEARING ON A BILL 'OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES 8. BILLS, THIRD READING TIME: RTT,T Nn- 47-10 THIRD READING 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 46 -10 THIRD READING 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 60--10 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3609 WESTERN AVENUE, COUNCILMANIC DISTRICT 6, IN THE CITY OF SOUTH BEND, INDIANA 67 -10 THIRD 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 66 -10 THIRD 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 25 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS 61 -10 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES 9. RESOLUTIONS RTT,7, NO- 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 -64 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1016 NOTRE DAME AVENUE AS A RESIDENTIALLY DISTRESSED AREA 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 $31,750,000 TO DILLINGHAM HILL RE, LLC FOR THE CHASE TOWER PROJECT 10. BILLS, FIRST READING BILL NO. 68 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 7233 U.S. 31 SOUTH, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA 69 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALM S ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK 70 -10 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 NORTH KENMORE STREET, COUNCILMANIC DISTRICT 2, IN THE CITY OF SOUTH BEND, INDIANA 71 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND DEBT SERVICE RESERVE FUND ( #317) 72-10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND CONSTRUCTION FUND ( #438) 73 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,586,000 FROM COUNTY OPTION INCOME TAX (COIT) FUND #404 AND $520,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL IMPROVEMENTS TO THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM IN 2011 74 -10 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF REDEVELOPMENT DISTRICT REVENUE BONDS EXPECTED TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND,. INDIANA, REDEVELOPMENT DISTRICT AND PLEDGING CERTAIN REVENUES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS (STANLEY COVELESKI STADIUM) 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 1200 Couwy -Crnr BUILDING 227 W JEFFERSON BOULEVARD SoIrI'H Br D, 1NmA, \TA 46601 -1830 PHom 5741235 -9371 FAx 574! 235 -9021 TDD 5741 23 5 -5 567 C= of SOUTH B9N17 S1- EPH.ENJ. LUECKE, MAYOR COMMTJNITY $r; ECONOMIC DEVELOPMENT JEFFREY V. GiBNFY ExECUTm DIRECTOR To: Members of the Common Council From: OQMichael Divita, Planner Subject: State Road 23 and Maple Lane Annexation Area Date: November 3, 2010 The following information summarizes substantive changes wade to the State Road 23 & Maple Lane Annexation Area resolution and associated fiscal plan per discussion at the October 25 Zoning and Annexation Committee meeting. Resolution Page 1: The annexation area size and contiguity calculations have been updated to reflect the revised legal description that includes the adjacent State Road 23 right-of-way. These figures have been updated to indicate a 0.27 -acre annexation area that is 37.9% contiguous to the City. Section IV (page 3) has been expanded to include explicitly the condition that the cost of the sewer extension, if desired by the developer (petitioner), is and would remain the developer's responsibility. Fiscal Plan (Amended Exhibit "A" to the Resolution) Page 3: As in the resolution, figures have been updated to indicate a 0.27 -acre annexation area that is 37.9% contiguous to the City. Page 5: The Public Works section has been revised to show that the annexation includes a portion of State Road 23, e the estimated cost of a sewer extension, if desired by the petitioner, and D more explicit language indicating that the cost of the sewer extension would be the petitioner's responsibility, and it would remain so even if the septic should fail after the effective date of the annexation. COMMUNITY DEVELOPMENT Ec.'oNoMlc DEVELOPMENT FINANCIAL & PROORAM PAMPLA C, Nlf"t z DONALD E. Iws MANAGMFNT 5741234 -9660 5741235 -9371 ELIZABETH LEONARD Fnx: 5741235 -9697 5741235 -9371 -2_ The 2009 actual department expenditures, reflecting the most current data available, have been substituted into the Public Works (page S), Police Department (page 6), Fire Department (page 7), and Code Enforcement (page 8) sections, The estimated cost for each of these services in the annexation area has been recalculated accordingly. Page t I - Table 1 has been revised to include the updated cost estimates for each service, to clarify what is the developer's (petitioner's) fiscal responsibility, and to shove only those property tax revenues coming to the City. I will be present at the November 8 committee meeting should you have any questions. Thank you. 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 0.27 acres of land containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 37.9% 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 11. 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 1V. 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-• 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 quality per the South Bend zoning ordinance standards. A sewer extension will be installed at the developer's expense. Should the developer's septic system fail after the effective date of the annexation, the developer shall remain responsible for the cost of septic replacement or sewer extension. 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. Member, South Bend Comm Council ayp�y�1sY9 e ri` THE CITY OF SOUTH BEND FISCAL PLAN SR 23 & MAPLE LANE ANNEXATION AREA Stephen J. Luecke - Mayor South Bend City Council Derek Dieter Henry Davis Jr. Tom LaFountain Ann Puzzello David Varner Oliver Davis Al Kiisits Timothy Rouse Karen White Prepared By: Division of Community Development 227 W. Jefferson Blvd. Suite 1200 S South Bend, TN 46601 Pamela C. Meyer, Director Jeff Vitton, Planner Michael Divita, Planner Amended Exhibit "A" October 30, 2010 SR 23 & 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 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 ............................... ............................... 10 Fiscal Impact: TABLE 1 ............................ ............................... 11 SECTION VI. APPROVAL ........................................ ............................... 12 LegalDescription ............................................ ............................... 13 Map: MAP 1 ...................................................... ............................... 14 SR 23 & Maple Lane Annexation Area 3 SECTION Y. 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 1. B. Legal Description The Annexation Area is Lot 238 on the recorded plat of the Maple Lane Subdivision. For a complete legal description, see Page 13. C. Contiguity The Annexation Area is at least 1/8 (12.5 %) contiguous to the current City limits: Contiguous 37.9% Non - Contiguous 62.1% Total 100% D. Size of Annexation Area The Annexation Area is 0.27 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 & Maple Lane Annexation Area 4 F. Zoning & Subdivisions Property owner is seeking annexation and rezoning to enable use not permitted in 08 in the County (Massage 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 rate caps for different classifications of property are as follows, regardless of being within South Bend or unincorporated St. Joseph County: Property Type Ca Homestead 1.0% Non- Homestead Residential 2.0% Agricultural 2.0% Other commercial 3.00% Property in the annexation area will be subject to the cap. 1. Assessments 2009 payable 2010, St. Joseph County Auditor property tax records: i_and: $2,600 Improvements: $104,800 Total : $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 23 & Ma le 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, approximately 700 feet to the south. The cost of extending that sewer is estimated at $125,000. If the sewer extension is desired, it would be done at the petitioner's expense. Should the petitioner's septic system fail after the effective date of the annexation, the petitioner shall remain responsible for the cost of septic replacement or sewer extension. Water - The South Bend 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. The annexation area includes the adjoining portion of the State Road 23 right -of -way. Drainage Plan - The site is currently well- drained by the State Road 23 drainage system General Budget Analysis 2009 Actual Budget Report for the Department: Expenditures: Miles of Roadway in City: Cost per Mile: . New Mileage within Area: Estimated Maintenance cost for Annexation Area per year: B. Police Department $5,873,817 @499.8 @$11,752.33 @0.00 miles (0 feet) @$0 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. SR 23 & Ma le Lane Annexation Ai °ea 6 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. 2009 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2010): Cost per Parcel: Proposed Number of Households in Area: Number of new Parcels: Cost for Annexation Area per year: C. Fire Department $26,467,594 @42,908 @$617 @48,370 @$547 0 1 $547 (1 parcel x $547 / 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 #9 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. SR 23 & Maple Lane 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. 2009 Actual Budget Report for the Department: Expenditures: Number of Households in City (2000): Cost per Household: Number of Parcels in City (2010): Cost per Parcel: Proposed Number of Households in Area Number of new Parcels: Cost for Annexation Area per year: D. Code Enforcement Fire De artment EMS Fund Fire Pension Fund $20,708,119 $692,317 $5,548,399 @42,908 1 Cost for Annexation Area per year: @$483 @$16 @$129 @48,370 @$428 @$14 @$115 0 1 $428 $14 $115 Total Per Year Cost: $557 The Annexation Area will be added to Area 4. 2009 Actual Budget Report for the Department: Expenditures: $2,004,884 Number of Parcels in City (2010): @48,370 Cost per Parcel: @$41 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: $41 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 SR 23 & Maple Lane Annexation Area 8 Tri-plex: $22.56 per month Quad: $23.80 per month Recycling fee: $1.97 per month F. Administrative Services 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 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 !A 1111.11.11..4.11111 I II111111 IYIIIIIAAMtl1NYMM111YTATIICINAYNIll IYiI��111g1YI11 .lA�I.I111ilYYWYY/M.IM.1.^M 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 Drive 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 will 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 massage 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 utilizes 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 limit its hours of operation from Six (6) AM to Ten (10) PM. SR 23 & Maple Lane Annexation Area 10 _ _.... n n.AU.umAnwAnnu RIIn11nInAlAAYYY!— 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 provided 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 Lased on a combination of: 2009 payable 2010 tax information, 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 are based upon full implementation of HEA 1001. i) 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 may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. SR 23 & Yale Lune Annexation Area 11 TABLE 1 Summary Table — Estimated (Fiscal Impact Expenditures Capital (est.) Non - Capital Per Year (est.) 5-Year Sewer Extension $0 Developer's Expense $0 Water Extension $0 Developer's Expense $0 Street Lights $0 n/a $0 Police $0 $547 $2,735 Fire & EMS $0 $557 $2,785 Code $0 $41 $205 Street Maintenance $0 $0 $0 Street Construction $0 n/a $0 Approximate 5 -Year Cost Total $�� Revenues Note: All revenues estimated Property Taxes to City est (year 1) 2011 $1,514 (year 2) 2012 $1,514 (year 3) 2013 $1,514 (year 4) 2014 $1,514 (year 5) 2015 $1,514 MVH /LRSA estimated from revenue /mile @)$11,340 $0 Approximate 5 -Year Revenue Total $7.570 A. Revenue estimate based on $107,400 net assessment at capped commercial tax rate of 3% with City receiving 47% of total taxes. SR 23 & Maple Lane Annexation Area 12 �. mwmnn im.m�emwrmnmr..��.�m�r.��.mnrr SECTION VI. APPROVAL Approved by the City of South Bent! Common Council this day of 2010. RR 23 & Maple Lane Annexation Area 13 IT.TWJ1*T1_11.1- IRI A parcel of land being a part of the West half of Southwest Quarter of Section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southeast corner of Lot 238 Maple Lane Subdivision; thence West along the South line of said Lot 238 and its projection West to the West right-of-way line of Maple Lane Avenue; thence North along said West right -of -way line of Maple lane Avenue and its projection North to the Northwesterly right -of -way line of State Road 23; thence Northeasterly along said Northwesterly right -of -way line of State Road 23 to its intersection with the Northerly projection of the East line of said Lot 238; thence South along the East line of said Lot 238 and its projection North to the place of beginning. In ...... a.,. M i.R � C i SR 23 & Maple Lane Annexation Area 14 MAP I Division of Community Development State Road & Maple Lane August., 2010 Feet Annexation Area a 10 20 40 60 so NORTH Jeff V'ft'n Note: Map does not include adjacent ROW included in Annex description is accurate. anon Area. However s 1200 CounrrY Crrr Bun -DING 227 W. ]EFF$RsoN BOULEVARD SouTH BEND, 1NDLANA 46601 -1830 PHONE 574/235-9371 FAX 574/235-9021 TDD 5741235 -5567 CITY OF SOUTH BEND STEPHEN J. LuEmm, MAYOR CommuNITy ECONO is .®EvE opmENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR August 6 2010 s (� 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 25, 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. incerely, -A Q V41� Jeff VEtton Planner, Division of Community Development CC" Area Plan Commission Kathy- Cekanski- Farrand, Attorney, Common Council Al Kirsits, Chair, Zoning & Annexation Committee COMMUNITY DEvi?LOPMENT EcoNomc DEVELOPMENT FINANCIAL & PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 5741235 -9460 5741235 -9371 ELIZABETH LEONARD FAX: 5741235 -9697 5741235 -9371 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 fight-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. YoderQrdin2M9WJlhRezoninp.don 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 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 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. i s) rEANNG PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED P Y"S 5riir�inen WWthR0Z0Nna. dx Mayor, City of South Bend, Indiana in 4.n'G� AUG UG j [ 2010 IN PETITION FOR THE VOLUNTARY ANNEXATION 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) I (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 46635 5) 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 45047 7) The name and address of the contingent purchaser(s), if applicable, is /are: N/A 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: 111 /A 10) It is desired and requested that the petition site be rezoned YcderlV *V1dL M&=PetiliW dhRamw' hV.40C for' we fa?h: +ting !a,sh r uu.,kige tJ!era r,f (ls ctFt�atc;csf i +r C:r,''I; Ci��l °r t�tJf��r�'r.ms'trr� C'tlb;S'URAU1. rtt 'i°fw nirtirilrc.tc•d -Imltl ht u1" • :':.ar Ar'the Imc.jed:.lA :M) The pr;>Iltwal num4or(.4Iol : t ((•xi,,4ills,). 13) Tfle prc)posed rstsmrye: M I= MoMys: 0 01 trWS Ia7 •l'fw fc,llovvi g Mnrat m }lw, }.uvn MAMA wkh Ow i'trtifi,n7: 1. a It gal de.,, t Ipli l of 0-w pruperty, sitled as E%Jz bit " �'. ;a IrSt of names irlxtl rra)(Iry SsC4 of alI Ilr qc L tabVlri_rS, along vJIIt 0w t;lx key ;lli Ilrt' >pt�r7ic -� c, it}sil3 ,3cw Sc:r�t of 11!e hctiiiorl pro wrly'; ;3. "t-vvtttt'l71 (t7) site plarls. "tall llX =l3 l:nvolojx—.!, for all I,rclltt--fly Witlairl ,3crcl fcct (it' the pl.- itioll prope ry, 3;j.) Ti.li`:,I} i1 it12rY`(tiyi7!I jl vj,4!.r't \ owner,(S), or.- vtotvcy }*rr' ;d1 propert� <)l1'r'•i Ns) r ait il' liIrrrI}fa t a fa rrriu s! �crrr_ Peavine Sir(,4,1 Pear'ltrc`M evf 0 llrulgiur, A7ic•fuctcl!a .lcrc).,a; !>i !t tnlicac. Afirhigcsr; .14,W47 (5741274 - WOO VY-10M 1:.l;fw,At &e" & Mmv i�'lllinlwr of WWI IYE';ltiT7%i'Ci`I.;t T Mat" tea' pr3N: I'l r;.iral l� 1). 1011g, l olig, Fc t-ml & N- -,(Wi;atus 711jsou la Nlic'f;is; ;lra street S�,>.ath I�crrd, lnc }i,atl:(:Ii +(�In (IM) 2351841 Oar 5 74 6744374.i Filed to Clerk's Office AUG 1 6 2010 JOHN VOORDE CITYGI." 'it, SO. FvM IN. 1 he pupo�;e-'! rli!e. ;"f Ad"vq 1 ?1?11.-";:$ .'Ilifk" i0-.; -'vlk i: 1 a Imp lump"14; N4 A qm pnq "b, A A VAN* v h."' ; '." ";i :1�! t" dw Y mn vs •. papal. , -l; .,, T1- owsu lot Q! in wwj in A; 231 lu" 1 vax 44 074 in 74 Flb�d In Clark's Office AUG 1 6 2010 JOHR WOME MY CUP, F0. RES 11C Area Plan Commission of St. Joseph County 1140 County -City Building South Bead, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosepheountyindiana .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 O/B Office Buffer District (County) to OB Office Buffer District (South Bend), property located at 17904 State Road 23, City of South Bend - APC# 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, � in W B y ornr JWB jsc Attachment CC: E. Leroy & Patricia Yoder Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana staff Report 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 O/B 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 Douse 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 eases 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 17% 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 I of 3 City 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 ase: The most desirable land use is low- intensity office, service, or single- family residential. 4. Conservation of property values: The surrounding property values should not be affected by the approval of this rezoning. S. 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 --&M 00- �2--(o ORDINANCE 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. Attest: City Clerk Member of the Common Coun l m7 ° -1S- an• 2,w.. X11.._... i': � 1 st READING 11�G PU�Ljc HEAR 3 rd T APPR Vh7 i•10 REFERRED PASSE —` 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 Date Filed Application No. Date received by the Area Plan Commission 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: Name: 3609 Western Ave Land Trust LLC or John Trotter Full Address and Phone Number: 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) 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 (c) six (6) site plans; (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. 7) By signing this petition, I and any contingent purchaser understand that if the Council approves this petition to rezone, 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 the initial zoning elassiftcation. Under certain conditions, a time extension on the submittal of the final site plan may be requested. PETITION PREPARED BY: Contact Person: Name: Charles Trotter Same Full Address and Phone Number 125 N. Olive St. Signature South Bend, IN 46619 286-2620 'Ce G 2010 TaNErdg Day x.. Recording requested by: J When recorded, mail to: L Name: Y T LAND TRUST LLC Address:3609 western ave City: [IrrT.T "REND TMD 46619— state/zip: IND 46619 RECORDED AS. PRESENTED OH 08/22/2009 02r26:57PH PHILLIP G. DOTSON ST. JOSEPH OtiNTY WRDER "; PA EE : 2 $20.44 Space above reserved for use by Recorder's Office Document prepared by: Name Address 1524 LISTON AVE City;/State/Zip Property Talc Parcel /Account Number: 018-4066-2516 quo This Quit'ilaim Deed is made on AITQrrSrP 6 2009 _ . between Grantor, of 36n9 WFC'rp, City of SOUTH BEND State of INDIANA VE LAND TRUST LLC and , Grantee, of 3SB-cL1. S-pERN &yE GT4T -H _BEND , City of 50U'1_H BEND _ , State of INDI ANA 46619 For valuable consideration, the Grantor hereby quitclaims and transfers all right, title, and interest held by the Grantor in the following described real estate and improvements to the Grantee, and his or her heirs and assigns, to have and hold forever, located at 3609 WESTERN AMP—SOXITY4 'ABBIJ2 - , City of-4-N11 , State of THnIAN ar, A1 9 _. LOT* 1051 & W 1/2 vac alley LASALLE PARK DULYOMEMMMIMON PEM H. MBlLUN JOSEPH +O. INDIAN A Subject to all easements, rights of way, protective covenants, and mineral reservations of record, if any. Taxes for the tax year of n R // n� g ._ _ shall be prorated between the Grantof and Grantee as of the date of recording of this deed. -- - 2010 ;M: 652 ser, Dated: U 1 I( Signature of Grantor Name of Grantor State of California Signature of Grantor Name of Grantor County of i-f', T 0 59 �) S.S. 4 U„ P;5 _ , On � �t ,before me, (narne` and ti a of notary), personally appeared _ Le_ ki ,-_ _irn 4Ae_i' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are sub- scribed to the above instrument and acknowledged to me that they/he /she executed the instrument in their/ his/her authorized capacity. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct_ Witness my hand and official seat. Notary Signature Seal C Chns ski, Mob" PuWc * 00MMO S M..6a®ooyh County, IN My QwwrAsom Ejq*oe 1-29 -2012 0926806 I affirm under the penalties for perjury, that I have taken, reasonable care to redact each Social Security number in this document, artless required by law (name) "NOVA Catlfomla 9ultclaim Deed Pg2 LOAN) U. §�' 39 018 - 4068 - 251701 KANAN NADER 40 018- 4068 -2518 KAUR RUPINDEI DOCKERY 41 018- 4068 - 251801 BARBARA A 42 018 - 4068 - 251802 MAGEE Y C 1 JACKSON South Bend IN NATHANIEL ANE 43 018 -4068 -2510 WILLIE BEE OWENS BENITA A "SEE TRANS H 44 018 - 4068 - 251001 NOTES` 1 3529 Western CHRISTIAN IN 46619 METHODIST South Bend _ EPISCOPAL CH 45 018 -4068 -2512 LAYMAN CRAPE 3527 SORRELLS ELIZABETH MAE 46 018 -4066 -2504 SHEILA COMBS 47 018 -4117 -4431 AYALA MIGUEL I BOWENS PEARL 3523 Western 48 018 -4117 -4447 M 3523 WESTERN South Bend DOUGLAS 49 018 -4068- 250302 CLINTON III HOMECOMINGS FINANCIAL 50 018- 4117 -4433 NETWORK INC LAYMEN CHAPEI 46619 323 KENIVIORE South Bend IN 46619 CHRISTIAN St METHODIST EPISCOPAL ST CHURCH *SEE South Bend IN TRANS HIS 510184068- 250901 NOTES' 4 1 3601 Western Ave South Bend IN 46619 3601 WESTERN South Bend IN 46619 3529 1 3529 Western South Bend IN 46619 WESTERN South Bend IN 46619 3527 3527 Western Av South Bend IN 46619 WESTERN South Bend IN 46619 3523 Western South Bend IN 46619 3523 WESTERN South Bend IN 46619 Ave 323 S Kenmore South Bend IN 46619 323 KENIVIORE South Bend IN 46619 St ST 321 KENMORE South Bend IN 46619 321 KENMORE South Bend IN 46619 318 L 303 S Kenmore South -Bend IN­ 46619 KENMORE- South.Bend. IN... _ 46619 .. 313 °fin WELLINGT 1404 S INDIANA Chicago IL 60605 ON South fiend IN 46619 314 314 S Illinois South Bend IN 46619 ILLINOIS South Bend IN 46619 226 lE 227 Westwood South Bend IN 46619 WELLINGT ON ST South Bend IN 46619 Ln 305 WELLINGT PO Box 8265 South Bend IN 46660 ON ST South Bend IN 46619 32300 Northwestern Hy Farmington MI. 48334 306 ILLINOIS South Bend IN 46619 303 St V South Bend JIN I 46619 KENMORE ISouth Bend IIN 1 46619 421 WELLINGT HOCHSTETLER DEVON R 100127th St E Bradenton FL 34209 ON South Bend IN 46619 11 018 - 4078 -2826 412 WELLINGT 12 01$- 4078 -2827 BUCHER GENEVIEVE 412 Wellington 9 South Bend IN 46619 ON South Bend IN 46619 FOLTZ MELVEINA L 411 13 018- 4076 -2766 & GEISLEMAN BARBARA J ADAMO JOHN A 411 S Kenmore South Bend iAi 46619 KENMORE South Bend IN 46619 REV LIVING TRUST WILIFE ESTATE 412 JOHN A ADAMO PO Box 611 South Bend IN 46624 KENMORE 5autfi Bend IN 46619 14 018- 4076 -2767 TRUSTEE OWENS ANNIE J ALSANDERS WILLIE & RUTHIE 322$ KENMORE-ST 3719 W Jefferson South Bend South Bend IN IN 46619 46619 322 KENMORE 318 ILLINOIS South Bend IN 46619 South Bend !N 46619 15 018- 4066 -2513 16 018 -4117 -4430 BOND TIMOTHY A 318 WELLINGT --- - & MICHELLE_ 318 S Wellington South Bend IN 46619 ON' South Bend IN 46619 - St t% 17 018 -4068- 250801 MILTON- BOND 317 WELLINGT 18 018 -4068 -2505 ANDERSON LENORA M 317 Wellington South Bend IN 46619 ON 326 South Send IN 46619 19 018- 4117 -4428 DOZIER ALEX D EPISCOPAL 229 N. Illinois South Bend IN 46619 ILLINOIS South Bend IN 46619 CHURCH LAYMAN ✓ 301 CHAPEL KENMORE CHRISTIAN ' South Bend IN 46619 ST South Bend IN 46619 20 018 -4068- 251201 METHODIST y 301 301 S. WELLINGT 21 018- 4068 -2503 STOKES LULA L. Wellington St. South Bend IN 46619 ON South Bend IN 46619 BROUGHTON DOROTHY L F1K1A 314 JAMES DOROTHY WELLINGT LEI: & WARNER 314 S Wellington South Bend IN 46619 ON South Bend IN 46619 22 018 -4068 -2508 ANN MARIE NAVARRETE 420 SALVADOR AND WELLINGT RUIZ FERNANDO JT W1 ROS 1013 Lawndale South Bend IN 46628 ON South Bend IN 46619 23 018 -4078 -2833 18 KENMORE - VAC LOT 41 24 OIB- 4076 -2770 PALMER SHARON ;South Bend IN 46619 X132 South Bend IN 46619 cols County Parcels MAI PR LIN MAILIN PROP ADD OP_ PR;7P Rec PARCEUD NAAAI =_7 MAILINGADD MAILi6IGCET G5 GZIP R PROS PROP-CITY STA ZIP TA TE V LAX BEN & 53540 Pinehurst 3719 1 018- 4069 -2565 CAROLYN A St South Bend IN 46637 WESTERN South Bend IN 46619 18 3000 BL 21018-4068-2515 LAX BEN & CAROLYN A St South Bend IN OF 46637 WESTERN South Bend IN 46619 TROTTER JOHN DBA 3609 WESTERN AVE 3609 Western 3609 3 018 - 4068 -2516 LAND TRUST LLC Ave South Bend IN 46619 WESTERN South Bend IN 46619 3601 Western 3605 —4 0- 1&4068 -2517 KANAN -NAO Ate_.. South Bend IN 46619 WESTERN South Bend IN 46619 . -- - VAL ADJ 321 ANDERSON 317 S Wallington WELLINGT 5 018 -4068 -2506 LENORA M St South Bend IN 466191 ON South Bend IN 46619 309 3706 W WELLINGT 6 018- 4068 - 250301 PRUITT DAVID Jefferson Blvd South Bend IN 46619 ON South Bend IN 46619 310 7 018 -4117 -4432 MERCADO JUAN F 310 S Illinois St South Bend IN 46619 ILLINOIS South Bend IN 46619 326 WELLINGT 8 018- 4068 - 250803 BROWN WILL J 1918 E Donald South Bend IN 46613 ON South Bend IN 46619 TADDEO PETER TSEE TRANSFER 322 9 018 - 4117.4429 NOTES P O Box 8195 South Bend IN 46660 ILLINOIS I South Bend IN 46619 6451 Erie Falls 412 10 018 -4078 -2825 HENRY EDMOND Or South Bend IN 46614 ILLINOIS ST South Bend IN 46619 3622 Dunham South Bend HOCHSTETLER 25 018- 4078-2829 DEVON R 421 S Wellington South Bend DIAZ JESUS 26 018 -4078 -2830 IBARRA Ave South Bend / V 27 018- 4076 -2768 PALMER SHARON IN 46619 ANDERSON 26 018- 4068 - 250601 LENORA M 416 S Wellington South Bend 29 018 -4068 -2514 OWENS ANNIE J South Bend IN 4661 St 16826 Wild leather Dr DIAZ SAMUEL & 30 01.8- 4076 -2765 ARTEMIO AS TIC 31 018 - 4078 -2817 POND GARY E 415 KENMORE South Bend IN 4661 CORNER ROGER L 3618 AND JACQUELINE 32 018- 4078 -2821 PACESITTER BANK RANK South Bend IN 46619 \AL ADJ 325 PROPERTIES LLC IN 46619. CIO TIMOTHY J 33 018 - 4078 -2822 RANKERT RANK 317 Wellington South Bend IN 46619 PROPERTIES LLC South Bend IN 4661 IN CIO TIMOTHY J 34 018- 4078 -2823 RANKERT NEBLUNG ALAN & 46619 322S KENMORE ST 35 018 -4078 -2824 JEAN IRENE NEBLUNG ALAN R OF KENMORE South Bend IN 4661 36 018 -4076 -2760 & JEAN I V South Bend IN 46619 WESTERN DIAZ SAMUEL & 37 018 -4076 -2761 ARTEMIO AS TIC DIAZ SAMUEL & 381018-4076-21762 ARTEMIO AS TIC 3622 Dunham South Bend IN 46619 421 South Bend 421 S Wellington South Bend IN 46619 WELLINGT ON ST South Bend IN 4661 Ave South Bend IN 46619 1706 Western South Bend IN 46619 3706 WESTERN South Bend 416 46619 416 S Wellington South Bend IN 46619 WELLINGT ON South Bend IN 4661 St 16826 Wild leather Dr South Bend IN 46619 415 S Kenmore South Bend IN 46619 415 KENMORE South Bend IN 4661 St 3618 - South Bend IN 46619 \AL ADJ 325 South Bend IN 46619. WELLINGT 317 Wellington South Bend IN 46619 ON South Bend IN 4661 IN 46619 WESTERN South Bend 18 200 BLK 46619 322S KENMORE ST South Bend IN 46619 OF KENMORE South Bend IN 4661 3622 Dunham South Bend IN 46619 WESTERN South Bend IN 4661E 3718 W NESTERN AVE South Bend IN 48619 3718 WESTERN South Bend IN 46619 1706 Western South Bend IN 46619 3706 WESTERN South Bend IN 46619 kve. 16826 Wild leather Dr South Bend IN 46619 3622 WESTERN South Bend IN 46619 3618 - South Bend IN 46619 WESTERN South Bend IN 46619. 3614 614 Western South Send IN 46619 WESTERN South Bend IN 46619 -_ -M 3612 South Bend IN 46619 WESTERN South Bend IN 46619 3606 & 3608 -� South Bend IN 46619 STER1 South Bend IN� 1 6s46619 602 � _...... _. South Bend IN 46619 NES TIr RN South Bend IN 6619 �1 0-11 He Edit Ymy bookmarks Tool; VAndow Help xV t3 fl ess_Lod . j: - 0,'711 v ❑ NighCght�r -? Layers - �tddress_foolwp a v Parcel lookup mstr address,yt address J r Mob1e Video + ✓ raad_rw incorp 0 clv_twp ED - '.� AJCaghbw03J207 - +� hYdrolo9y - ✓ Prwwty + Dimensions - ✓. struCkurCS ✓ S3[ 5ubdy - V parcel parcel l" type + soil id_old_new soil_acreags ✓ 2D45 ethos Zoom the map bynut by a partkular percentage 155229.21 2340S77.2i Feet P 1 Tuesday, Sep 07, 2010 03:30 PM n PALM & .ASSOCIATES, INC.. CONSULTING ENGINEERS AND LAND SURVEYORS P.O. BOX 960 - 8888 EAST U.S. HWY. 20 NEW CARLISLE, INDIANA 45552 -0960 ROBERT D. PALM, LS., P.E. TELEPHONE (574) 654 -3450 FAX (574) 654.3450 � � \ � � " October 20, 2010 TO THE 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 townhornes. 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, Robert D. Palm, L.S., P.E. Surveyor/Engineer for the Petitioner: 1M1.`71, Of fi 3, . n� is r;_, D CITY Vii," ;v ?, P). *RDINANCE NO. 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. 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 II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right -of -way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 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 Bank 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. Attest: City Clerk .,,, PEADNG k "LiC' HEAPING D 3D �& s �—iZRL D . Q- Member of the Common Cou Presented by me to the Mayor of the City of South Send, Indiana on the day of t 2 o'clock . M. City Clerk Approved and signed by me on the day of 2 at o'clock I m. Mayor, City of South Bend, Indiana C TY 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 OWNER(S), 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 & ADDRESS KEY NUMBER City of South Bend Department of Redevelopment 018 -5003 -0058 227 W, Jefferson, 12th Floor 018- 5003 -0056 South Bend, IN 46601 CONTACT PERSON (S) NAME: David Matthews East Bank South Bend Development, LLC RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: P.O. Box 338 JOHN VOORDE, CITY CLERK Notre Dame, IN 46556 ROOM 455- COUNTY -CITY BUILDING SOUTH BEND, IN 46601 574 - 235 -9221 PHONE: (765) 409 -3841 r I to 4 4 I ol J00V LLI %/ Et 0 \ \f§ C) Ul) r-: o ou 0© -C {0]/ U) 0 0-0 7) 0 z U 0 k��� 0 > > 0 /-0 V) -C , 5 0 0 0 G 0 CO (D 0 _t \/¢ E 4ou 30: 0 0 4-- V) 0 /c.� .�.. \� .� � —. ,. 2 %, 018 - 5003 -0041 SBL Building Co. LLC 212 E. LaSalle Ave., Ste. 100 South Bend, IN 46617 018 - 5003 -0040 Nlaennerchor Club of South Bend 217 -219 Sycamore St. South Bend, IN 46617 018- 5003 -0059 Tycore LTD P.O. Box 540 South Bend, IN 46624 018- 5003 - 005901 018- 5003 -•0058 018- 5003 -0056 City of South Bend Dept. of Redevelopment 227 W. Jefferson, 126 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. FIofferth 56545 Twin Branch Drive Mishawaka, IN 46545 018 -5003 -0048 018- 5003 -0049 Fire Arts Inc. 305 E. Colfax South Bend, IN 46601 r,•�th 1316 CovNTY -CiTy BUILDING 227 W. Jr PMWN BDULEVARD SOUT)i BBNE), NmANA 46601 -1830 NoNS 5741235-9251 FAX 5741235 -9171 TDD 5741235 -3567 CITY of So TrH BEND STEPHEN J. LuEc1E, MAYOR BOARD OF PUBLIC WORKS October 11, 2010 Mr. Bob Palm East Bank South Bend Development, LLC -- Post Office Box 960 New Carlisle, Indiana 46552 -0960 RE: Alley Vacation — The First East/West Alley South of LaSalle Avenue from Sycamore Street West toward the St. Joseph River (Preliminary Review) Dear Mr. Palm.: The Board of Public Works, at its October 11, 2010 meeting, reviewed favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, and Community & Economic Development. Engineering recommends denial of this vacation. Community & Economic Development states they recommend approval with the understanding that Engineering's stated issues will be resolved. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. Vacating this alley would not restrict or prevent the growth or development of any adjacent parcel. It is their understanding that this alley will be vacated so the East Bank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. The vacation will eliminate one of the pedestrian access points to the river walk. This access point and area to the east extending to the parking lot access will be brought up to grade to match the first floor elevation of the building to the north. This area will be utilized as open space for the towDhome development. The vacation may make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner spoke with the owners of the River Place office complex of their intentions to vacate this alley and they do support the vacation. If the northern half of the vacated alley is transferred to the developer of the East Bank Townhomes, an access or ingress /egress easement will be required in order for the River Place office to maintain their rights to utilize this access. Pedestrian access to the river walk would not be negatively affected with the elimination of the mid -block access to the river walk. Access to the river walk will continue to be maintained at both LaSalle Avenue to the north and Colfax Avenue to the south. Access to the river walk will be maintained via the access points along LaSalle Avenue and Colfax Avenue. The vacation may hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. This is a dead end alley with the River Place office complex using the alley as a secondary access. GARYA. GILOT, F.E. DONALD E. TNxs CARL P. LrrRi LL A' MIDSNT MEM13PR MSMBER October 11, 2010 Bob Palm Alley Vacation — The First East/West Alley South- of LaSalle Avenue from Sycamore Street West toward the St. Joseph River Page 2 of 2 Engineering stated the alley is necessary for the maintenance and operation of the East Bank walkway between Colfax Avenue and LaSalle Avenue. In addition to public access for use of the walkway, eventually access will be needed to the structure overhanging the river for maintenance, repair and refurbishing. Engineering is also concerned with the developer's plans precluding leaving a maintenance and access easement open and the Fire Department losing access to different exposures of two existing buildings and the new condominiums. The Board of Public Works is providing a favorable recommendation for the vacation of this alley subject to a permanent easement for construction, maintenance, and utility access. Additionally, you will need a cross- access agreement with the affected adjacent property owners. Please contact Topl Molnar at 574 235 -9254 prior t© vicking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Linda M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering Dave Relos, Community and Economic Development ( i is. 5002 5 j: ao"V 10401 M L L i R A C E . ........I- -n 4.4 :5AL&a 64 &a a lia A R . nDAq . t 18- 00 "i oil I 2a W) AAfiotow 1C - ry R To opsong -J414 !8 3088 47 — —L, I qk. l0 14 i LOWELL MAIMNAL pt iC to o C4 t 44 40 HALLOFFAME & m HDCULATE C4FE MNOP, 0Y , 1 t4 SUD, *F L, 31, LOWELL (ORIS. TOWN) 1. ra Aj- SOU C VOTTRELLIS A00. 18-00.5 a 3, 3&41) PEVae am R f`744 a. OPMRA ij!moR pig r- Ft. WtLL PAC r Rm AT IP pt iC to o C4 t 44 40 HALLOFFAME & m HDCULATE C4FE MNOP, 0Y , A PFr, ra Aj- E45 r 1�4ouK 5our, 18-00.5 a 3, 3&41) PEVae �- 3 41f 640 A3 714<-.��- *21 ,-go ff E ci AV %d5744 1t S-4 q4sv 44'j� 1-D 1, PVA f,9.ffl err 4-5 ' '0 zlf PCII&II0 04 7" ®W 40 9 *tj cox, 47 9 48 T tpramTED 3wa of public 'works w V, j Page 1 of 1 Nancy Schrader - Ailey Vacation Recommendation - LaSalle /Sycamore From: Nancy Schrader To: Memo - Vacations Date: 9/8/2010 8:28 AM Subject; Alley Vacation Recommendation - LaSalle /Sycamore Attachments: Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1396 South Bend, Indiana 46601 Office: '(574) 235 -9251 Fax: (574) 235 -9171 rvnrN ry NrvrvrvnrNNrvry NN NNnrNN NNN N NNN NN --Nrvrvry NNN -- -N NN ry NNry --- This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. rk�/YNN.v r+ +fV Nl.,� NNNN NN NNNh +N NNN NN NN I- -N NM N N NN NN MNNN NN—^1—NNN file: / /C:1Docurnents and 8ettingslNJSCHRAD\Loca1 S ettings lTemplXPgrpwise14C8749455... 9/8/2010 Page 1 of 1 Nancy Schrader - Re: Alley Vacation Recommendation - LaSalle/Sycamore From: Stephen Goen To: Nancy Schrader Date; 918/2010 11:04 AM Subject: Re: Alley Vacation Recommendation - LaSalle/Sycamore No Objections This message may contain confidential and /or proprietary Information and is intended for the person /entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department - Traffic investigations 701 W. Sample St South Bend, IN 46601 (574) 235 -7515 (574) 235 -7538 >>> Fancy Schrader 9/8/2010 8 :28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 hNNNNN /vN NNNN NNNI.N N n/ /V A.I.NNNh /NN/t/ NNrt/ NNNA //1///N NN//Nh/NNi .N NIy This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. N NN NN N NN N N /V NNN NNN— NN 11 N N N N NN N Mn/!i /I1/ file: / /C:1Docunnents and SettingsMSCHRAMLocal Settings \Temp\XPgrpwise\4C876DA6... 9/8/2010 From: <pmgriffin @NiSource.com> To: "Nancy Schrader" <NJSCHRAD @southbendln.gov >, <lmartin@southbendin.gov> Date: 9/8/2010 1:07 PM Subject: Re: Alley Vacation Recommendation - LaSalle /Sycamore Attachments: S45C- 510090808250.pdf NIPSCO has no objections to vacate this alley. Philip M. Griffin Project Engineer - South Bend LOA Office Phone: 574284 -2214 Mobile Phone: 574 - 220 -3804 FAX: 574 - 284 -2220 "Nancy Schrader" <NJSCHRAD@southbe ndin.gov> To <jbyorn1 @co.st- joseph.ln.us >, 09/08/2010 08:28 <pmgriffin @nisource,com >, "Andre AM Price" <APR ICE@south bendin.gov>, "Chris Dressel" <CDRESSEL@southbendln.gov >, "Cheryl Greene" <CGRIENE@southbendin.gov >, "Carl Littrell" <CLITTREL@southbendin.gov >, "Federico Rodriguez" <frodrigu @southbendin.gov >, "Jeff Gibney' <jgibney @southbendin.gov >, "Robert Mathia" <RMATHIA@southbendin.gov>, "Stephen Goen" <SGOEN @southbendin.gov> cc „Nancy Schrader" <NJSCHRAD@southbendin.gov> Subject Alley Vacation Recommendation - LaSalle /Sycamore Please provide your recommendation, Thank you. INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 9/8120/0 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Liffrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department ,Jeff Gibney, Community & Economic Development John Byomi, Area Plan Commission (ibyLomi@co.st- loseoh.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO {r)mgdffinjQnisource.com) (FYI Only) FROM: Linda M. Martin, Clerk j x'%05 SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: East Bank South Bend Development, LLC - Bob Palm LOCATI ©I1i! First East/West Alley South of LaSalle from Sycamore West toward St. Joseph River DATE DUE: 9120/2010 FAX OR E -MAIL TO: 235.9171 1 Imartin(tsouthbendin.00v RECOMMENDATIONS AND COMMENTS: While 1 have no objection to the proposed alley vacation, Carl Littrell's concerns should be addressed before final action is taken. By Date _ 4Z I �T Page 1 of 1 Nancy Schrader - Re: Alley Vacation Recommendation - LaSalle /Sycamore From: Federico Rodriguez To: Nancy Schrader Date: 9/10/2010 7:38 AM Subject: Re: Alley Vacation Recommendation - LaSalle /Sycamore Approved S.B.F.D. Federico "Chico" Rodriguez Fire Marshal South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574 -235- 7564(0) 574 - 235- 9305(F) frodriou@southbendin.,gov >>> Nancy Schrader 9/8/2010 8;28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9259 Fax: (574) 235 -9171 N n ✓!� nilV !<.N As NN NN NNn.NN A NNNNNh ✓rVNNA NM1!/vNN N NN.1lN NN NN NNNNniNNN This message may contain confidential. and /or proprietary information and is intended for the person /entity to whore it was originally addressed. Any use by others is strictly prohibited. N /! NNA./VNAl ANNNN A Nnln.lV NNl>NNNNNN /v rt. /.N /�.NNNNNN A.N NNNNN NA.N NN file: / /C:1Documents and SettingsiNJSCHRAD1Loca1 Settings lTernpWgrpwise14C89EO72... 9/13/2010 From: Nancy Schrader To: StClair, Phil Date: 9/15/2010 12:09 PM Subject: Alley Vacation Recommendation LaSalle /Sycamore Attachments: S45C- 510090808250.pdf CC: Schrader, Nancy Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235 -9171 This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. From: Phil StCiair To: Nancy Schrader Date: 9/15/2010 4:12 PM Subject: Re. Alley Vacation Recommendation LaSalle/Sycamore ok with the parks and recreation dept. >>> Nancy S&rader 9/15/201412:09 PM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9251 Fax: (574) 235.9171 This message may contain confidential and/or proprietary information and is intended for the person /entity to whom it was originally address6d. Any use by others is strictly prohibited. Wage 1 of 1 Nancy 5ch rader - Re: Fwd: Alley Vacation Recommendation - LaSalle/Sycamore from: Chris Dressel To: Nancy Schrader Date: 9/20/2010 4 :32 PM Subject: Re: Fwd: Alley Vacation Recommendation - LaSalle /Sycamore Attachments. I recommend for approval' with understanding that the concerns listed below would be resolved. Christopher D. Dressel Planner City of South Bend Division of Community Development 1200 County -City Building 227 W. Jefferson South Bend, IN 46601 Phone: 574 - 235 -5847 Fax: 574235 -9697 cdressel0south bendin. ci >>> Carl Uttrell 9/8/2010 8 :43 AM >>> David, I am reluctant to part with this alley. I think it is necessary for the maintenance and operation of the East Bank Walkway between Colfax and LaSalle. In addition to public access for use of the walkway, eventually we'll need access to the structure overhanging the river for maintenance, repair, refurbishing, etc. Does the condo developer's plans preclude leaving a maintenance and access easement open? I also expect the Fire Department to be recalcitrant about losing what is now good access to different exposures of two existing. buildings and the new condos to come, Was Matthews given an expectation that the alley could /should be vacated for his use? Do you know if the neighbor to the north has been consulted? One of my sons married one of his daughters, I don't mind asking, I just don't want to pester him on a closed issue. Carl >>> Nancy Schrader 9/8/2010 8:28 AM >>> Please provide your recommendation. Thank you. Nancy Schrader City of South Bend Department of Engineering and Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 Office: (574) 235 -9253 Fax: (574) 235 -9174 NN N N NN NNNivN/ VNNNNNn` NNNNNNNNn /NNNl.lnln}Nr/NnNN/V NnN NM N/`-.N This message may contain confidential and /or proprietary information and is intended for the person /entity to whom it was originally addressed. Any use by others is strictly prohibited. N/ %NNN /vn/NnrNN---- NNNNMM- --N/vN h /NNN NNN- ---- -N NN MN N MN fi1e: / /C:1Documents and Settings\NJSCHRAMLoaal SettingslTemp \XlPgrpwise14C978CA... 9/21/2010 Area Plan Commission of St. Joseph County 1140 County -City Building South Bend, Indiana 46601 John W. Byomi Larry P. Magliozzi Executive Director Assistant Director Phone 574 235 -9571 www. stjosephcountylnd lana.comiareaplan Fax 574 235 -9813 September 17, 2010 (;EEED City of South Bend d- Board of Public Works SEP Z 0 201® 13 Floor; County -City Building L South Bend, Indiana 46601 f' i 1' y OF SGUI -H KN D OF E-NO(NEERING, RE: Alley Vacation Applicant: East Bank South Bend Development, LLC Vacation of an East/West Alley Between LaSalle Street and Colfax Avenue lying West of Sycamore Street Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. Vacating this alley would not restrict or prevent the growth or development of any adjacent parcel. It is our understanding that this alley will be vacated so that the East Bank Townhome project to the south can utilize the existing vehicular access for access to the townhomes. The vacation will eliminate one of the pedestrian access points to the river walk. This access point and area to the east extending to the parking lot access will be brought up to grade to match the first floor elevation of the building to north. This area will be utilized as open space for the townhome development. (2) The vacation may make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The petitioner spoke with the owners of the River Place office complex of their intentions to vacate this alley, and they do support the vacation. If the northern half of the vacated alley is transferred to the developer of the East Bank Townhomes, an access or ingress /egress easement will be required in order for the River Place office to maintain their rights to utilize this access. Pedestrian access to the river walk would not be negatively affected with the elimination of the mid -block access to the river walk. Access to the river walk will continue to be maintained at both LaSalle Avenue to the north and Colfax Avenue to the south. E: i ,4CATIOI St20101CITYlEW.411ey bnvn LaSalle & Colfax WvfSycamore.doe Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola. Roseland and St. Joseph County, Indiana [3) The vacation would riot hinder the public's access to a church, school, or other public building or place. Access to the river walk will be maintained via the access points along LaSalle Avenue and Colfax Avenue. (4) The vacation may hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. This is a dead end alley, with the River Place office complex using the alley as a secondary access. The owners have agreed to the closure subject to an access easement to Sycamore Street. Due to the above stated reasons and understanding that the adjacent owner to the north supports the vacation, the staff recommends that the proposed alley vacation be approved. Please contact our office if you have any questions or need any additional information. Since Derek J. Spier, MCP Planner E:1V 4CftTlONSI201 DICE'YIE ,41ley bttvn LaSalle & Colfax W glSycamore.doc `: qp. .. ... _.. � rt•, s� S r. �r � _� @ ��r'�ti���16 to ,��6Yr `� ���t -1rRr A�� �t;;.� F h � ��� ���� :¢�rT}�.��, �� � ys`. p 1 4 g', £ : , E >< 1 IIAPIN� b }1 a ? J'k ° •F u n�j F - � L' "'E^ s. FY`[$ ° itiat Si\ ? 7"-4, 1 5 r _ MR, 1 21 i t 5 1 t( S 5 u , {*it},i��. 'S�SV,N.y11 lR'�,ti keFtlN�" lyi ain'�11 yilyal A. 1.V >i l Ld g�.. srP ,y ? J },�4'11I1 d 7 St "1 k y \, S WY, �{ �� Yr�'�SMh�ta,�vgL�,�4r� r:R v eusl' 5 L - tL 5 I X , a JS P•. °�y t ti F1�L+� t 4 " a 4k MIS d , Fa�rkty,` y a � -. �. �s L}t�"�a%wl r9�x''rt t Z.&�i�"��1 kf3i };1 5�•r _ s Aty+ �at\t n t1�lCu�, t a� fir' r s" tti� INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE SENT: 91$12010 TO: Andre Price, Solid Waste Bob Mathia, Community & Economic Development Carl Littrell, Engineering Department Chris Dressel, Community & Economic Development Federico Rodriguez, Fire Department Jeff Gibney, Community & Economic Development John Byorni, Area Plan Commission Qy—ornj@co.st- ioseph.in.us or 235 -9813 fax) Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Phil Griffin, NIPSCO (prngriff_in _nisource.com) (FYI Only) FROM: Linda M. Martin, Clerk i _�WtaL, SUBJECT: REQUEST FOR RECOMMENDATION - ALLEY VACATION APPLICANT: East Bank South Bend Development, LLC - Bob Palm LOCATION: First East(West Alley South of LaSalle from Sycamore Vilest toward 5t. Joseph River DATE DUE: 9/20/2010 FAX OR E -MAIL TO. 235 -9171 / Imartin@southbendin.go-v, RECOMMENDATIONS AND COMMENTS: By �2e Date���' INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS FAX OR E -MAIL_ TO: 235 -9171 / Imartin(ftouthbendinmov RECOMMENDATIONS AND COMMENTS: By Date "4�'yt' - Ckuk DATE SENT: 9/8/2010 TO: Andre Price, Solid Waste i% ORDINANCE NO. s; ;� s •! a 30 1"344:2 . o. 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 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 il. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018 -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 Bank 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. Attest: City Clerk i st READ[ pLjBL1c ;TEARING 3rd READING NOT APpP,0AD. REFER RED PARc,F6 Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 12 , 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 F i C; Philip f. Faecenda, Jr. (574) 237 -1148 Phil ip.facccnd Ahrlaw.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 ]st Sourcc Bank Cenrer I oo North Michigan South Bcnd, IN 46601 U-S.A. (574)233.1171 Fax (574) 237.1125 www.brlaw.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 S, 2010. Please call me with any questions you may have. Very truly yours, BARNES & THORNBURG LLP Philip J. F accenda, Jr. PJIa : ske Enclosures cc: John E. Braden, Esq. (w /enc.) SBD502 PFACCENDA 411269v] F111!,d In C!od Fad 01 k �+4v OCT 2 0 2010 J0?; (.1 }'CC;ii ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INS'T'ALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City "), presently owns and operates a sewage works by and through its Board of Public Works (the "Board ") for the collection and treatment of sewage and other wastes (the "Sewage Works" or the "Works "), pursuant to the provisions of Indiana Code 36 -9 -23, as amended (the "Act "). The Board has determined and recommended to the Common Council of the City (the "Common Council ") that certain additions, extensions and improvements to the Sewage Works, as described herein, are necessary. The Board has employed McCormick Engineering, LLC, Lawson - Fisher Associates, P.C., .cones 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 00 /100 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 .tune 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 -I 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 (1st) 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 I as finally determined by the Mayor and the Controller with the advice of the Financial Advisor and as set forth in the notice of intent to sell referred to herein and as evidenced by delivery of the executed initial issue of the 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 cheek or draft mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (I 5th) 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 (15th) day of the rnonth M 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- SECTION 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 CUSIP 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 terra 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 I 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 I'm 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 I 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 Agent. 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 6. 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 lorm 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 2010 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 9;2 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 are held in book -entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any direct or indirect participant with respect to the identity of any beneficial owner of 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 S. 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 -I -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 sealed 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 ( 11100) 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 f inancial surety bond is used, it must be from an insurance company licensed 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. stile (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 10. Official Statement and Continuing Disclosure Contract, (a) The Mayor and the Controller each are hereby authorized to deem final an official statement with respect to the 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, (1) an agreement by the City to comply with the requirements for a continuing disclosure undertaking of the City pursuant to subsection (b)(5) or (d)(2) of the Rule, and (ii) amendments to such agreement from time to time in accordance with the terms of such agreement (the agreement and any amendments thereto are collectively referred to herein as the "Continuing Disclosure Contract "), The City hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Contract. The remedies for any failure of the City to comply with and carry out the provisions of the Continuing Disclosure Contract shall be as set forth therein. 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 I, and (the "Operations Fund "), as set forth in the Prior Ordinances and continued hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the Sewage Works on a day -to -day basis, but none of such moneys in such fund shall be used for deprecation, replacements, improvements, extensions or additions. Any balance in the Operations Fund in excess of the expected expenses of operation, repair and maintenance for the then next succeeding month may be transferred to the Sinking Fund referred to below if necessary to prevent a default in payment of principal or interest on outstanding bonds. SECTION 12. Sewage Works Sinking fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking Fund (the "Sinking fund ") previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account and the Reserve Account previously established and continued hereby in said Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal of and interest on all of the then outstanding bonds of the Sewage Works to the final maturity thereof. (b) Bond and Interest Account. There shall be transferred, on or before the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account, an amount equal to the sum of one -sixth (1 /6) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one - twelfth (1112) 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 fake 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 -14- 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 all records, accounts and data of the City relating thereto. Such inspections may be made by representatives duly authorized by written instrument. SECTION 16. Rate Covenant. The City shall, to the fullest extent permitted by law, establish, maintain and collect just and equitable rates and charges for the use of and the services rendered by said Sewage Works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage system of the City, or that in any way uses or is served by such Works. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, for depreciation and improvement, and for the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the 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 Form 8038 -G with the Internal Revenue Service as required by ,Section 149 of the Code. -I8- (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 Tax Exemption. SECTION 21. Amendments. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty -six and two - thirds per cent (66- 2/3%) 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 - lg - 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 -2/3 %) 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 2410 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. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 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 .Tune 28, 2010. SEC'T'ION 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. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of 1 st READING :-U;A! C' f'EARING ij F,;EADlNj NOT APPROWD REFERRED 2010. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA t ' Member of the Common Council -23- 0 C T 2 C 2010 dt7I�N VC-OR ^r CITY OF;, cn E "gin, K APPENDIX A PROJECT DESCRIPTION The Project consists of the acquisition, construction and installation of certain additions, extensions and improvements to the Sewage Works, including: Pleasant Street Phase 2 - Sewer separation improvements along Pleasant Street from 29"' Street to 36 "' 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. S. Preparation of CSO Long -Term Control Plan Designs. 6, Making any and all additional improvements related to the foregoing. &VI APPENDIX B FORM OF 2010 BOND No. R-_ 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 semiannually 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 M. America which on the dates of such payment shall be legal tender for the payment of public and private debts. This bond is one of an authorized issue of bonds (the "Bonds ") of the City of South Bend, Indiana, of like original date, tenor and effect, except as to denomination, numbering, interest rates, redemption terms and dates of maturity, in the total amount of Dollars ($ }, numbered from R- I up, issued for the purpose of providing funds to be applied to the cost of certain additions, extensions and improvements to the sewage works of the City (the "Sewage Works" or the "Works "), and to pay all expenses necessarily incurred in connection with the issuance of such bonds, as authorized by Ordinance No. adopted by the Common Council of the City of South Bend on the day of , 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 (i) this bond and all other bonds of this issue, (ii) all Prior Bonds (as defined in the Ordinance), which Prior Bonds are on a parity with this bond and all other bonds of this issue, and (iii) all bonds hereafter issued on a parity with this bond and all other bonds of this issue, are payable solely from the Sewage Works Sinking Fund, as described in the Ordinance, to be provided from the Net Revenues (defined as the gross revenues of the Sewage Works of the City after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes). This bond and the issue of which it is a part, together with the Prior Bonds and any parity bonds hereafter issued constitute a first charge against said Net Revenues. The City of South Bend irrevocably pledges the entire Net Revenues of said Sewage Works to the prompt payment of the principal of and interest on the bonds authorized by the Ordinance, of which this is one, and any bonds ranking on a parity therewith (including the Prior Bonds), to the extent necessary for that purpose, and covenants that it will cause to be fixed, .maintained and collected such rates and charges for service rendered by the Works as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, to provide for proper depreciation and for the payment of the sums required to be paid into said Sewage Works Sinking Fund under the provisions of the Ordinance. In the event the City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for under Indiana law. The City of South Bend further covenants that it will set aside and pay into its Sewage Works Sinking Fund a sufficient amount of the Net Revenues of the Works to (a) pay the principal and interest payments on all bonds payable from the Net Revenues of the Sewage Works, as such principal and interest shall fall due, (b) pay the necessary fiscal agency charges for paying all bonds and interest as required by the Ordinance, and (c) an additional amount 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 Iess 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. 10 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. 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. CITY OF SOUTH BEND, INDIANA (SEAT., OF CITY) By ATTEST: City Clerk ON 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 I: 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. ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations. TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship, and not as tenants in common UNIF TRANS MIN ACT - Custodian (Cult) (Minor) under Uniform Transfers to Minors Act of (State) Additional abbreviations may also be used though not in the list above. SBDS02 PPACCENDA 410419A 1i1riel November 4, 2010 To: Members of the South Bend Common Council Re: Bill 25 -10 Tax abatement — Third Substitute Version Integration of bills 25 -10 and 61 -10 Dear Council members: - -- Attached is the third substitute version of Bill 25 -10. (A short, 4 -page summary of the bill is also attached.) This version of the bill was written by members of the Coalition for Responsible Tax Abatement and that organization is the sponsor of the bill. I am "signing in" the bill so that it can be considered by the Council. The first two substitute versions did not make substantive amendments. This version, however, is a substantial revision. It represents an effort by the Coalition to merge the best elements of bills 25 -10 and 61 -10 (deletions from the second version have double strikethrough; additions are in bold): The bill incorporates the following fourteen (14) aspects of Bill 61 -10: 1. Tax phase -in terminology. The phrase "tax phase -in," prominent in bill 61 -10, has been incorporated into the Statement of Purpose and Intent, and in other parts of the bill. 2. Definition of a local company Sec. 2- 76.1(a)(18) The definition of a local company from bill 61 -10 is used. 3. Language regarding independent contractors Sec. 2- 76.3(9) The language in bill 61 -10 prohibiting the misclassification in employees as independent contractors is used here. A clarifying reference to an IRS publication on the difference between independent contractors and employees is also referenced. 4. Technology -based businesses Sec. 2- 76.4(1)(a)(2) The term in bill 61 -10, "technology -based businesses," is used in this section. The optional benefit category having to do with licensing intellectual property arising from a college or university within St. Joseph County has been renamed "technology -based businesses" and expanded to included nanotechnology. 5. Green businesses Sec. 2- 76.4(1)(a)(4) The term in bill 61 -10, "green businesses" is used for this section. 6. Benefit category: generate electricity with renewable resources Sec. 2- 76.4(1)(a)(5) This benefit category is incorporated from bill 61 -10, which gives credit to companies that achieve 10% percent of electric usage via wind- powered generation on site. The wording here also adds solar- powered electric generation to give companies greater flexibility. 7. Benefit category: green roof Sec. 2- 76.4(1)(a)(6) This benefit category is incorporated from bill 61 -10. The wording here adds a definition of a "green roof." 8. Construction wages Sec. 2- 76.4(1)(c)(3) The wording used to define a "phase -in prevailing wage," used in bill 61 -10, is adopted here instead of the common construction wage. 9. Benefit category: hire individuals with a felony conviction Sec. 2- 76.4(1)(e)(4) This benefit category is incorporated from bill 61 -10. The requirement that the individuals have to go through a rehabilitation or reentry program is dropped in order to provide companies with the flexibility to require this or not. (Note: to add new benefit categories and still retain the relative priorities in the bill required a doubling of most point totals and a slight adjustment of some benefit points.) 10. Benefit category: hire workers who lost jobs from a local business Sec. 2- 76.4(1)(e)(5) This benefit category is incorporated from bill 61 -10. It gives credit to companies that hire 5 or more individuals whose jobs were lost (within the last 12 months prior to hire date) due to the closing of a local (St. Joseph County) business. 11. Table indicating the effects of various years of abatement (phase -in) Sec. 2- 76.4(3) A table similar to the table in bill 61 -10, showing the percentage of taxes due for various years of abatement (phase -in), has been added. This table shows, for various years of abatement (phase -in), the deductions allowed from the assessed value of the property; the data in the table are taken directly from IC 6- 1.1- 12.1- 4.5(d). 12. Flexibility of benefits chosen by company Sec. 2- 84.13(8) Bill 61-10 requires companies to submit to the Council in years 4 -10 of its abatement the specific benefits it has earned in the previous year. This provides flexibility but requires the Council to review each company's benefits every year. The addition to bill 25 -10 considered here provides similar flexibility and ability to adapt to changing circumstances by allowing companies to substitute different benefits during the course of its abatement. It reduces time constraints on the Council by requiring Council review only when the company requests a change in the benefits provided. 13. Ability of Council to require repayment of taxes if benefits not achieved Sec. 2- 84.14(d) Bill 61 -10 requires the repayment of taxes if employment and wage results fall short of estimates. This creates flexibility for the Council by providing for the repayment of taxes without requiring the ending of the abatement. The addition here adopts this flexibility and extends it to all benefits not achieved (except those for which the Council has approved substitutes). 14. Flexibility for the Council to take account of changing community needs Sec. 2- 84.16(x) This addition expands the Council's ability to take account of changing community needs by specifying an annual review of its benefit point categories. Although this provision is not actually in bill 61 -10, it was a feature stressed in earlier verbal presentations of the bill and provides valuable flexibility for the Council. In addition to these fourteen aspects of bill 61 -10, there are two other changes to bill 25 -10 that are included in this substitute version: 15. Employ minority and women construction contractors Sec. 2- 76.4(1)(c)(4) This addition gives credit to companies that achieve the goals set by the Salvation Army on its construction project at the Kroc Center: at least 15% minority contractors and at least 3% female contractors. 16. Employ minority and women construction employees Sec. 2- 76.4(1)(c)(5) This addition gives credit to companies that achieve the goals set by the Salvation Army on its construction project at the Kroc Center: at least 15% minority construction employees and at least 3% female construction employees. Sincerely', Tom Lafountain OW 6 l Summary Bill 25 -10 November 2010 South Bend's Tax Abatement (Phase -In) Program for real property (buildings) provides for a base 3 -year abatement and an add -on abatement of up to 7 additional years. Companies earn points for providing benefits to the community, and additional points translate into a longer term of abatement. Base Abatement Requirements • The applicant must be current in their taxes, sign a Memorandum of Agreement, and supply written documentation to support all claims made in connection with its abatement. • The applicant must pay all company employees at least a Poverty Wage. The Poverty Wage is defined as the wage rate that provides a full -time worker an income at the government - defined poverty level. Step 1: Determine the Poverty Annual Income Level for a household of size three, as listed in the annual Federal Poverty Guidelines. Data for these income levels are published at http: / /aspe.hhs.gov /poverty /index.shtml. Step 2: Divide the Poverty Annual Income Level by 2,080 hours (the number of hours worked in 52 weeks, at 40 hours per week) to get the Poverty Wage. The Poverty Wage until March 1, 2011 is $8.80 per hour. The Poverty Wage shall be recalculated annually on March 1St using the calculation described above. • The applicant and construction contractors for the applicant must maintain a written Affirmative Action Plan. (Exemptions: small companies and residential construction) • Construction employees may not be misclassified as independent contractors. Add -On Abatement One to seven additional years of abatement may be considered for projects achieving the following Public Benefit Points: Project Related Actions Points Redevelop a site which has special needs such as converting a commercial 25 building to residential use, rehabilitating and reusing an historic building, rehabilitating and reusing a property that has been designated a "problem property" by the Community and Economic Development Department, or paying the cost of cleaning up a Brownfield. Technology -based business. Develop a product or business based on 100 nanotechnology and/or licensing intellectual property arising from research conducted at a university in St. Joseph County. Meet energy- efficient building standards at the Silver level or higher, as 100 prescribed by the US Green Building Council's current Leadership in Energy and Environmental Design (LEED) rating system and reference guide, published at -littp://www.usgbg.org Green business. Develop a business whose primary function is the manufacture, 100 distribution or installation of renewable energy products and materials, including solar, wind and/or geothermal. -2- Achieve ten (10) percent of electric usage via wind- or solar- powered generation 25 on site. Green roof. Cover twent (20) percent of roof area with plants. 25 Locate a real property investment in the Economically Distressed Area (defined 200 below; also see map at htti)://www.southbendin.gov/docs/CED TaxAbatetnent Ma sA113. df) Super-Size Development Actions (For exceeding minimum hard dollar costs or square foota ge criteria by the amounts show below.) Cumulative 100 to 199% 50 200 to 299% 50 300 to 399% 50 400 % and over .50 Construction Related Actions Employ local companies for at least 75% of construction work (reasonably 50 available locally) 50% or more of construction workers on abated project reside in St. Joseph 50 Count Pay the appropriate existing rate structures for the area's building trades as 400 documented in the area's current applicable construction labor agreement, available at MACIAF office. At least 3% of all construction subcontractors and suppliers on the abated project 50 are Women Business Enterprises (WBE) and at least 15% are Minority Business Ente rises (MBE). At least 3% of all construction employees on the abated project are women and at 50 least 15% are minorities. Wage & Benefit Related Actions Pay to all company employees Self - Sufficiency Wages. A Self - Sufficiency Wage is defined as the wage rate that provides a full -time worker an income sufficient to meet basic needs without subsidies of any kind. It is calculated as follows: Step 1: Determine the Self- Sufficiency Annual Income Level. Average the self - sufficiency annual income levels for a household of size three calculated by the Indiana Coalition for Hou$ing and Homeless Issues for St. Joseph County at htt : / /www.re io114workforeeboard.or calculator /selfsuffcalc.cfm Step 2: Divide the Self - Sufficiency Annual Income Level by 2,080 hours, the number of hours for full -time work in a year, to get the Self - Sufficiency Wage. The Self Sufficiency Wage until March 1, 2011 is $12.90 per hour. The Self- Sufficiency Wage shall be recalculated annually on March 1st using the calculation described above. Cumulative. 10 to 33% of the difference between the poverty and self-sufficiency wage. 50 34 to 66% 50 67 to 99% 50 Self-sufficiency wage or higher 50 -3- Pay average wages (total wage bill divided by number of employees) greater than 50 the mean hourly wage rate for all occupations for the South Bend - Mishawaka Metropolitan Statistical Area. Published at btti2://www.bls.gov/oes/etirrent/ocs 43780.htm #b00 -0000 The mean hourly wage rate for all occupations for the South Bend - Mishawaka Metropolitan Statistical Area until March 1, 2011 is $18.07 per hour. The mean hourly wage rate shall be determined annually on March lst by referencing the source listed above. Make a contribution to a standard health plan for regular full - and part-time 75 employees equal to at least 85% of the premium costs of the plan. The plan includes coverage for at least 80% of medical services paid by the plan, with no more than $3000 out-of-pocket costs for a family, as well as prescription drugs and mental health services with affordable co-pays. Make a contribution to a retirement plan, available to all regular full- and part- 75 time employees, of 50% of employee contributions, up to 5% of total wages. Provide training to employees, which consists of certified training or educational 75 courses equal to at least $500 2er em to ee. Provide an on -site childcare center and/or a flexible spending account providing 75 for before -tax payments of dependent care expenses, with an annual limit of $5,000 per employee. Provide Transportation Assistance to lower income employees such as using 50 public transportation, subsidized public transportation or special van services equal to at least $150 per employee. Provide an employer- assisted home ownership program equal to at least $150 per 25 employee. Workforce Related Actions Create a specified number of new jobs. Cumulative 1 to 25 jobs S0 26 to 50 jobs S0 51 to 75 jobs 50 More than 75 jobs 50 Retain the present level of existing jobs 25 Employ residents of Census Tracts in Economically Distressed Areas. Cumulative 1 to 10% of employees 50 11 to 20 % of employees 50 21 to 30% of employees 50 More than 30% of employees 50 Hire 5 or more individuals who have a felony conviction in their background 50 Hire 5 or more individuals whose jobs were lost (within the last 12 months prior 50 to hire date) due to the closing of a local (St. Jose h Count) business. Total Points 2,525 M Public Benefit Points and thresholds for Additional Abatement Years From To Additional Years 0 799 0 800 999 1 1,000 1,199 2 1,200 1,399 3 1,400 1,599 4 1,600 1,799 5 1.800 1,999 6 2,000 & over 7 Economically Distressed Area. This area is defined to be those Census Tracts that have the highest levels of poverty and unemployment, and the lowest levels of median income. They are currently tracts 20, 21, 23, 19, 6, 29, 10, 27, 17, 1, 30, 22, 24, 5, and 4. Opportunities for additional abatements. South Bend also offers abatements of • 5 years for business personal property (equipment) • 5 years for new construction of single - family residential properties • 5 years for rehabilitation of single - family residential properties in the Economically Distressed Area r Up to 10 years for multi - family real properties ® Up to 10 years for Office, Retail, Institutional, Hotel/Motel, and Mixed Use in specified areas of the City. Council flexibility. 1) On a yearly basis, the South Bend Council can review its benefit point categories to determine if there are pressing needs of the community that should be addressed. 2) The Council retains the flexibility to consider benefit point totals as a guide (rather than an absolute determination) to its deliberations regarding an add -on abatement. 3) The Council retains the authority to enlarge real property tax abatement general standards on a project -by- project basis; individuals may petition for real property tax abatement even if their projects do not meet all of the general standards for such abatements. Company flexibility. A company can choose to drop specific benefits if it substitutes other benefits of equal or greater point value. Documentation and Compliance. All benefits claimed need to be documented in writing, The Common Council may end an abatement or require the repayment of taxes if claimed benefits are not provided (and equivalent benefits are not substituted) or if a company ceases operations before the end of its abatement. hod! - 4P'` THIRD SUBSTITUTE VERSION ORDINANCE NO. 25 -10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 2, ARTICLE b OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS STATEMENT OF PURPOSE AND INTENT On August 15, 2003 this Council effectuated Ordinance #9394 -03 to improve the tax abatement procedure for the City of South Bend, and to articulate its purpose and philosophy. It is now time again to assure that tax abatement (also known as tax phase -in) promotes mutual benefit to both the City and the abatement recipient. Through this ordinance, tax abatement recipients will provide South Bend with jobs that pay wages and benefits adequate for workers to be self sufficient. Recipients will be encouraged to construct energy efficient buildings and include persons recruited from historically underprivileged groups. This ordinance is intended to achieve the objective of granting tax abatements which assure South Bend of an economically and socially beneficial return, in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 2, Article 6, Sections 2 -76.1, 2 -76.3, 236.4, 2 -77.1, 2.84.2, 2 -84.7, 2.84.9, 184.10, 2- 84.12, and 2 -84.13 are hereby amended to read as follows: See. 2 -76.1. Definitions, interpretation and area maps. (a) For purposes of this article, unless the context otherwise requires, a term that begins with an upper case letter has the meaning assigned in the sentence in which it appears within quotation marks; and the following words and phrases have the meanings set forth below. (1) Airport Economic Development Area and AEDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (2) Available for use means publicly advertised at rates not to exceed Section 8 Rental Guidelines for the unit size. (3) Central Business District and CBD mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (4) City means the City of South Bend, Indiana. (5) City Clerk means the City Clerk of the City of South Bend, Indiana. (6) Council means the Common Council of the City of South Bend, Indiana. (7) Designating body means the Common Council of the City of South Bend, Indiana. (8) Community and Economic Development Department means the Community and Economic Development Department of the City of South Bend, Indiana. (9) County Assessor means the Assessor of St. Joseph County, Indiana. (1 Q) County Auditor means the Auditor of St. Joseph County, Indiana (11) East Bank Development Area and EBDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. 2 ;sst�:sas:i rr_*::�e■ • n��.rrars�:r�.rreesst�•rrtez! rrrr�u.Tee�:rs:� 011 111 2 (12) Economically Distressed Area , means those, Census Tracts in the City that the Council determines have the highest levels of poverty and unemployment, and the lowest levels of median income. According to the 2000 Census these are currently tracts 20,_21,_23 - 19,_6, 29, 10, 27, 17, 1, 30, 22, 24, 5, and 4. Be ig nning with the release of the 2010.Census data, and for each subsequent Census, the following process shall be followed to determine the 15 Census Tracts that will be included in the Economically Distressed Area: (1) For each census tract in South Bend, calculate the following from rom the decennial census-.-the poverty rate (from _^ m !_P53), and the unemployment Table P87), median household income Table o .,_ rate from Table P43 2 Assigg each census tract 3 ranks one each for poverty, income and unem to ent with the lowest ranks for those Census tracts with the highest 12overty and unemployment rates and the lowest income 3 Add each of the 3 ranks together to get a total for each census tract. The 15 census tracts with e lowest total scores are _included in the Economically Distressed Area. A map _of_the Economically Distressed Area is available in he City Clerk's Office and on the City of South Bend's website. (11) (13) Economic Development Target Area and EDTA mean the area located within the City's corporate boundaries designated by the Economic Development Commission as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community And Economic Development Committee. A maximum of fifteen (15) percent of the total geographic territory of the City may be designated as Economic Development Target Areas. (- LL41 Economic Revitalization Area and ERA have the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. ( (15) Hard - dollar costs means expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. " fL61 Industrial development . means and includes the economic activities described in major groups 31 through 33 of the North American Industry Classification System -- United States, 2002 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. (1} LU7 Institutional development means the development of day care, educational, medical or og_ yernmental facilities that are both privately owned and taxable. 3 { 1 7-} LU8 Local company means a legal entity that the Council deems to have its principal place of business in St. Joseph County, Indiana, or those Indiana counties located immediately adjacent to St. Joseph County. �g eaff2yout,hke epAity'sp --m— 48 and he a at &044-0 i- (18) (19) Low and moderate income individuals or families means those persons who qualify under the Department of Housing and Urban Development, Section 8 income requirements, as it may be amended from time to time. (-" (20) Minority means: a. Black (i.e., all persons having origins in any of the Black African racial groups not of Hispanic origin); b. Hispanic (i.e., all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race); c. Asian and Pacific Islander (i.e., all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); d. American Indian or Alaskan Native (i.e., all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification); (28) (21) Mixed use means any mix of two (2) or more of the following uses only: office, retail, multi - family housing, or hotel uses. Multi-Family Housing means a facility with five or more contiguous residential units. Single Family Housing includes up to four conti uous residential units. Q4) (23) New Information Technology Equipment has the meaning set forth in IC 6 -1.1- 12.1 -1 et seq. (2-2) LL41 New Logistical Distribution Equipment has the meaning set forth in IC 6 -1.1- 12.1 -1 et seq. 0 (1=2 17 (25 New Manufacturing Equipment has the meaning set forth in IC 6 -1.1- 12.1-1 et seq. (24) (� New Personal Property includes New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information and Technology Equipment, all having the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (2-) (27) New Research and Development Equipment has the meaning set forth in IC 6 -1.1- 12.1 -1 et seq. 28 Office Development, for puEposes of this tax abatement ordinance is intended to house certain of the economic activities described in major &Eoups listed in the North American IndusLry Classification System— United States 2002 manual published bX the United States Office of Management and Bud et's Economic Classification Policy Committee, which manual is hereby incorporated by__reference, with_ copies being maintained in he _Office of the City Clerk. The mayor groups. _ are _ - 52 (except subgroups_ 5221 and 5222) . 53 (includes only ,. _ __..mss subgroups .5311, 5312, 5313 5331) 54, 55, 56 ( exce t ub�oups 5616, 5617,, 5619, 5621, 5622 and 5629). „62,,.tincludcs only sub groups 6211 6212; 6213, 62..14, 6215, 6216, 6241), and 92 (excludes subgroups 9221 and 9271) Other economic activities maybe considered by the Common Council on a case -by case basis however, such activities including those listed above must fit within and con lennent the surrounding neighborhood environment. (2,6} Property has the meaning set forth in IC 6 -1.1- 12.1 -1 et seq. (2-7) QOJ Redevelopment has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (2-8) L11) Redevelopment Blighted Area and RBA mean real Property meeting the standards set forth in IC 6 -1.1 -12.1 et seq., excluding the South Side Development Area. (29) (32) Rehabilitation has the meaning set forth in IC 6- 1.1- 12.1 -1 et seq. (� (33) Related Party means any person who is related within the meaning of Section 267 of the Internal Revenue Code (i.e., United States Code, Title 26, Subtitle A, Chapter 1, Subchapter B, Park IX, Section 267). (343 (34) Residentially Distressed Area and RDA mean an area that meets any of the following findings as declared by the Council: a. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings or multi - family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or E b. Any dwellings in the area are not permanently occupied and are: 1. The subject of an order issued under IC 36 -7 -9; or 2. Evidencing significant building deficiencies; or c. Parcels of property in the area: 1. Have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or 2. Are owned by a unit of local government; or 3. A significant number of dwellings within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or 4. 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 5. 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 area is owned by Indiana or the United States; or 6. The area (plus any areas previously designated under this subsection) will not exceed ten (10) percent of the total area within the Council's jurisdiction. (324 LaQ Retail means and includes the economic activities described in major groups 44 through 45 of the North American Industry Classification System- - United States, 2002 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference, with copies being maintained in the Office of the City Clerk. (3-3) La6l South Side Development Area and SSDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council - and the Chair of the South Bend Common Council's Community And Economic Development Committee. (-34 LL71 Tax Abatement Impact Areas and TAIA mean the area located within the City's corporate boundaries designated by the South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (-3-5) (38) Tax Increment Allocation Areas and TIAA have the meaning set forth in IC 36- 7- 14- 39(a). 0 (3�} (39) Urban Enterprise Zone and UEZ mean the area located within the City's corporate boundaries designated by the Urban Enterprise Association and South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (3-7} k401 Warehouse Development means and includes the economic activities described in major groups 423, 424, 425, 421, 422, and 493 of the North American Industry Classification System -- United States, 2002 manual published by the United States Office of Management and Budget's Economic Classification Policy Committee, which manual is hereby incorporated by reference with copies being maintained in the Office of the City Clerk. f3S4 (41) Workforce Development Services and WDSA mean Workforce Development Services of St. Joseph County or its successor agency. (b) Any term not otherwise defined in this article has the meaning ascribed to it in IC 6- 1- 12.1 -1 et seq. (c) All defined terms are to be interpreted that the singular includes the plural and vice versa as indicated by the context. (d) The terms "including ", "such as ", and similar terms, when used as part of a phrase containing one or more specific items, are to be interpreted as being used by way of example and not of limitation. (e) All references to provisions of the Indiana Code, the Municipal Code of South Bend, and the United States Code are to be interpreted as meaning these provisions as they exist on the effective date of the ordinance from which this article derives and as they may be amended in the future. (f) Accurate and current maps of all areas defined in this section with legal descriptions are available in the Office of the City Clerk and are printed at the end of this Article. Larger versions of said maps are available for public inspection in the Office of the City Clerk and in the Community and Economic Development Department during regular business hours. Said maps may also be accessed on the City's website at http: / /www.southbendin.gov. Sec. 2 -76.3. Base abatement. A base abatement ( "base abatement ") is an abatement for three (3) years in the case of real property other than single- family residential, five (5) years in the case of real property that is single - family residential, and five (5) years in the case of personal property. The Council may grant a base abatement to an applicant who fulfills the following requirements: VA (1) The applicant's proposed project meets the requirements set forth in sections 2 -77 through 2 -83.3 for real property or section 2 -84.2 for personal property. (2) The Council deems the applicant's proposed project likely to generate within a ten -year period financial returns (i.e., revenue from sources such as new real or personal property taxes, additional or retained county option income taxes, payments -in -lieu of taxes, private contributions, and public user fees) and other economic and social benefits to the community sufficient to justify the costs that would be incurred by the City for municipal infrastructure improvements (including water, sewer and drainage facilities; wastewater treatment facilities; road, street and alley improvements; street lighting; and traffic control) and additional municipal services needed to enable or directly benefit the project. (3) The applicant has executed a memorandum of agreement ( "memorandum of agreement ") prepared by the Community and Economic Development Department. The memorandum of agreement is a legally binding agreement representing a contractual relationship between the applicant and the Council. It may become effective upon the Council granting the abatement, which includes provisions setting forth: a. The tax abatement recipient's agreement to fulfill the conditions upon which the tax abatement is based ( "conditions of abatement "); b. The time within which the tax abatement recipient must comply with the conditions of abatement; c. The tax abatement recipient's obligation to respond to periodic surveys regarding compliance with the conditions of abatement; d. The tax abatement recipient's obligation to allow representatives of the Community and Economic Development Department to have access to the project premises and to perform inspections and audits as necessary to verify compliance with the conditions of abatement. e. The events which: 1. Shall entitle the Council to terminate the tax abatement in whole or in part; and 2. Shall cause the tax abatement recipient to be obligated to repay all or a portion of the property tax savings received. (4) Neither the applicant nor any related party of the applicant is delinquent or in default with respect to any property tax payment in St. Joseph County, Indiana. N. (5) Neither the applicant nor any related party of the applicant has a record of violations of local, state, or federal laws or regulations over a period of time that, in the opinion of the Council, tends to show a consistent pattern. (6) The applicant must pay all company employees (full -time, part - time, and temporary) at least a Poverty Wage. The Poverty Wage is defined as the wage rate that provides a full -time worker an income at the government-defined poverty level. It is calculated as follows: Stepl : Determine the Poverty Annual Income for a_ household of size three, as listed in the annual Federal Poverty Guidelines. Data for these income levels are�published at ht_p: / /aspe.hhs..ov /poverty /index.shtml. Step 2: Divide the Poverty Annual Income Level by 2,080 hours, the number of hours for full -time work in a year, to get the Poverty Wage. The Poverty Wage until March 1, 2011 is $8.80 per hour. The Poverty Wage shall be recalculated annually on March 1st using the calculation described above. (7) The applicant maintains a written Affirmative Action Plan. The Plan must indicate the positive steps being taken to encourage the hiring, promotion and retention of qualified members of historically disadvantaged_ groups, such as minorities, women, and the disabled. The Plan must address the specific needs of each particular disadvantaged group. The requirement for an Affirmative Action Plan does not apply to entities with fewer than ten employees. (8) The construction contractors for the applicant must conform to the Affirmative Action requirements mandated for federal contractors, as specified in Executive Order 11246 and the Federal_ Code of Regulations h_ttp: / /www.dol.aQv Idol /allefr/ESA/Title 41/Part60- 4 /41CFR- 4.3.htm. Contractors with fewer than 50 employees or with contracts of Iess than $50,000 are not required to maintain a written Affirmative Action Plan. Also, this re uirement does not apPly to residential single family home construction and rehabilitation. (9) oisto-e d All contractors and construction personnel on site at the applicant's project meet state and local requirements with respect to bonding, licensing, and registration requirements of the St. Joseph County /City of South Bend Building Department. Individuals working as independent contractors may be utilized only if they meet these criteria and also the requirements for independent contractors listed in IRS publication 1779, "Independent Contractor or Employee," http://www.irs.gov/pub/irs- PdVR1779.pd £ Sec. 2 -76.4. Add -on abatement. An Add -on Abatement ( "Add -on Abatement ") is available only for real property other than single - family residential construction and may be from one (1) to seven (7) years of abatement in addition to the Base Abatement. Hence, an applicant for real property tax abatement who is granted both a Base Abatement and an Add -on Abatement may receive in total from four (4) to ten (10) years of abatement. The Council may, in its discretion and in light of its evaluation of the public benefits produced by the applicant's proposed project, grant an Add -on Abatement to any applicant for real property tax abatement who qualifies for a Base Abatement under the provisions of section 2 -76.3 and whose proposed project is not single - family residential construction. The Community and Economic Development Department shall provide a summary of each applicant's public benefit point calculations which have been awarded as part of their written report which is further addressed in section 2 -84.9 of this article. As a guide to its deliberations regarding an Add -on Abatement, the Council may consider, among other things: (i) the number of Public Benefit Points ( "Public Benefit Points ") awarded for the applicant, including in the Memorandum of Agreement commitments to execute one (1) or more of the Public Benefit Actions ( "Public Benefit Actions ") described in subsection (1) below; and (ii) the total number of Public Benefit Points awarded in relation to the threshold numbers of Public Benefit Points required to earn consideration for additional years of abatement set forth in subsection (2) below. (1) Public benefit actions and public benefit points. The public benefit actions for which public benefit points may be awarded are as set forth below. The number of public benefit points that may be awarded is set forth in square brackets following the description of each public benefit action. a. Project related actions. The applicant will: 1. Redevelop a site that has special needs by one of the following actions [ twenty -five (25) public benefit points]: (i) Convert an eligible building to residential. Convert to residential use a commercial building that has been designated an eligible building ( "eligible building ") by the Community and Economic Development Department. The Council intends generally that an eligible building shall be a building identified as an important element in achieving the goals and objectives of a formally adopted plan (such as a neighborhood revitalization plan) or a building of such magnitude (as determined by its t0 context) that it is considered critical to the success of efforts to enhance, improve, revitalize or preserve the surrounding area. (ii) Rehabilitate an historic building. Rehabilitate and reuse a building that is on the National Register of Historic Places, a locally designated historic landmark, located in a National Register or local landmark district, eligible for nomination as a National Register or local landmark, or rated as Outstanding (0/13) or Significant (S /12 or S /11) in the most recent Historic Preservation Commission county -wide survey. (iii) Rehabilitate a problem property. Rehabilitate and reuse a property that that has been designated a problem property by the Community and Economic Development Department ( "problem property "). The Council intends generally that a problem property shall be a building, facility, or complex that has been cited by the City's Neighborhood Code Enforcement agency, or a difficult -to -adapt building or facility that was constructed and used for a single, unique purpose (such as a school building), or a building of such magnitude (as determined by its context) that it is considered critical to the success of efforts to enhance, improve, revitalize or preserve the surrounding area. (iv) Clean up a brownfield. Pay the cost of cleaning up a brownfield ( "brownfield "), which is any site, building, facility, or complex that has been designated a brownfield by the Community and Economic Development Department. 2. Technology -based businesses. Develop a commercial product or enterprise that is based upon nanotechnology and/or licensing intellectual property arising from research conducted at a public or private university, college, or community college within St. Joseph County. [thifty - five -�5) one hundred (100) public benefit points] 3. ; , dhe identified area. (dikty six (36) publie benefit pein6j Meet energy - efficient building standards. Meet energy - efficient building standards at the Silver level or higher, as prescribed by the US Green Building_ Council's current Leadership in Energy and Environmental Design (LEED) rating system and reference guide, 12ublished at www.usgbc.org. one hundred 100 ublic benefit oints 11 4. 42twopwig green feehnobm.Green businesses. Develop a business whose primary function is the manufacture distribution or installation of renewable energy products and materials, including solar, wind and/or geothermal. . (W one hundred (100} public benefit points] 5. Use renewable resources. Achieve ten (10) percent of electric usage via wind- or solar- powered generation on site. [twenty -five (25) public benefit points] f. Green roof. Cover twenty (20) percent of roof area with plants. [twenty - five (25) public benefit points] .57. Invest in targeted areas. Locate a real property investment the Economically Distressed Area. 1oo@ two hundred () (200) public benefit points] b. "Super- size" project development actions. Produce new construction or rehabilitation that exceeds , either the number of square feet or the amount of hard - dollar cost that is required to qualify under the applicable provisions of sections 2 -77 through 2 -83 by one hundred (100) percent or more. [Twe hwidfed ten (210) One Two hundred (200) public benefit points awarded in cumulative increments based on the percentage by which the number of square feet or the amount of hard - dollar cost that is required to qualify, as follows: TABLE INSET: 1. 100 % to 199% fifty (50) public benefit points 2.200% to 299% si: a . e: ^' (68),oweF`_ `:. `"` fifty (50) additional public benefit points 3.300 %o to 399 % sixty five r6� F__..._,.., F:_T jE fifty (50) additional public benefit points 4.400% and over fifty two (92) F,_,@rWo five W-1. fifty (50) additional public benefit points c. Construction related actions. The applicant will: 1. Employ local companies. Employ local companies for at least seventy -five (75) percent of the cost of construction work associated with the project, except for the cost of any construction work that is not 12 reasonably available from a local company [twenty (20) _.....^_. fifty (50) public benefit points]. 04 that is not r-e�asefiabjy aVailable from a leeal eeffipa" [twenty (20) ptib poi]: Employ local construction workers. Fifty X5.0 %n)_percent or more of construction workers on abated project reside in St. Joseph County [ . fifty (50)12ublic benefit points]. 3. on the pfojeef as effipleyees instead of a& iRdepeadent eentraeter-s fniiieteea (19) publie benefit peipAs].- 11-y 'I-- OfalgioNves for- St.: j@80"14 G@Nmty Boiidiae pfoieets, "is OOM be u4 Pay the phase -in prevailing wage. Pay the appropriate existing rate structures for the area's building trades as documented in the area's current applicable construction labor agreement. Current applicable agreements may be secured through the office of the Michiana Area Construction Industry Advancement Fund (MACIAF) located at 3215A Sugar Maple Court, South Bend, Indiana 46628 tie four hundred 2400 public benefit points]. 4. Employ minority and women contractors. At least 3% of all construction subcontractors and suppliers on the abated project are Women Business Enterprises (WBE) and at least 15% are Minority Business Enterprises (MBE). All listed MBE/WBEs must be certified by the State of Indiana Minority and Women's Business Enterprise Division or meet all the criteria required for certification and have a registration number from the state [fifty (50) public benefit points]. 5. Employ minority and women construction employees At least 3 % of all construction employees on the abated project are women and at least 15 % are minorities [fifty (50) public benefit points]. 13 d. Wages and benefits related actions. The applicant will: 1. (ealettlated by suffiming the wages of all �he employees in a give-ft SOO empleyees) that is at least ene htmdf-ed (100) per-eent of the—an haufly Pay self - sufficiency wage levels. Pay to_ all co_ mpany_ employees Self- Sufficiency Wages_ „A Self - Sufficiency Wage is defined as the wage rate that provides a full -titre worker an income sufficient to meet basic needs without subsidies of any kind. It is calculated as follows: Ste 1: Determine the Self Sufficiency Annual Income Level. Average the self - sufficiency annual income levels for all households of size three 14 MAIN ■ ■ ■ �y ■ - 'r 'y i am ILLULTILELSE Y Nmi@ d. Wages and benefits related actions. The applicant will: 1. (ealettlated by suffiming the wages of all �he employees in a give-ft SOO empleyees) that is at least ene htmdf-ed (100) per-eent of the—an haufly Pay self - sufficiency wage levels. Pay to_ all co_ mpany_ employees Self- Sufficiency Wages_ „A Self - Sufficiency Wage is defined as the wage rate that provides a full -titre worker an income sufficient to meet basic needs without subsidies of any kind. It is calculated as follows: Ste 1: Determine the Self Sufficiency Annual Income Level. Average the self - sufficiency annual income levels for all households of size three 14 calculated by the Indiana Coalition for Housing_ and Homeless Issues for St. Joseph County at: htt : / /ww.re ion4workforceboard.or calculator /selfsuffcaic.cfm Ste 2: Divide the Self-Sufficiency Annual Income Level by 2,080 hours the number of hours for full -time work in a year, to eg t the Self- Sufficiency Wage. The Self - Sufficiency Wage until March 1, 2011 is $1290 per hour.__The Self - Sufficiency Wage shall be recalculated annually on March 1st using the calculation described above. For the purposes of this previsien subparagraph, and subparagraph 2 below, "Wage" means straight -time, gross pay, exclusive of premium pay, and subject to the following specific inclusions and exclusions. (i) Included are: base rate; cost -of- living allowances; guaranteed pay; hazardous -duty pay; incentive pay including commissions and production bonuses; on -call pay; and tips. (ii) Excluded are: back pay; jury duty pay; overtime pay; severance pay; shift differentials; nonproduction bonuses; and tuition reimbursements. f~ two hundred 0200) public benefit points awarded in cumulative increments based on the extent to which all company employees are paid a wage above the poverty wage, as follows_] 1. 10% to 33% of the difference between fifty (50) public benefit points the poverty and self - sufficient wa e 2. 34% to 66% of the difference between twemy `=- ''" fiftX_(50) additional public benefit points the overt and self - sufficient wa e 3. 67% to 99% of the difference between fifty (50) additional public benefit points the poverty and self - sufficient wa e 4. Self - Sufficienc .y wage or hi her fift 50 additional -public benefit oints 2. Provide heakh benefits. GafAfibute en behalf of its empleyees to a fiand, plan, or- program fef medioal afid hespitel eare [thiFty four- (34) . Pay above - average _ wages. _ Pay average wages (total wage bill divided by number of employ, e� greater than the mean hourly wage rate for all occupations for _ the South Bend - Mishawaka Metropolitan Statistical Area. Published at http:// www. bls. gov /oes /current/oes_43780.htm #b00 -0000 _ ffifty (50) public benefit points], The mean hourly wage rate for all occupations for the South Bend - Mishawaka Metropolitan Statistical Area until March 1, 2011 is _$ 18.07 per hour. The mean hourly wage rate shall be determined annually_ on March 1st by referencing the source listed above. 15 3. Previde penigien benefit-,q. Cootfibute an behalf af its employees to -a fiffld, plan, or- pf-egfem for-, pensions en m4efflefft or- death [tweat, i Provide health bene its. Make a contribution to a standard health plan for regular full- and part -time employees equal to at least eighty-five 85% ercent of the total premium costs of the plan. The plan includes coverage for at least eighty 80% ercent of medical services ap id by the plan, with no more than „$3,000 out -of- pocket costs for a family as well as prescription drugs and mental health services with affordable co-pays. fEjfty=6Eqj seventy-five 75 ublic benefit points], 4. n to a retirement plan,, -available to all regular full- and part -time employees of fifty 5_( 0 %) percent of emplo ear e contributions, up to five (5 W percent of total wages. seventy-five 75 public benefit points I . 5. Provide training. Provide training to employees, which consists of certified training or educational courses equal to at least 500 pgL employee. seventy -five (75) public benefit points]. Provide day care. Provide an on -site child care center and/or a flexible spending account providing for before -tax payments of dependent care expenses, with an annual limit of $5,000 per employee. ifift*-4W seventy -five (75) bublic benefit OintS . 7 assisted heme owner-ship pfegr-a 'nine "9' publie benefit peiftt4. Provide transportation assistance. Provide_ Transportation Assistance to lower income employees such as using public transportation, subsidized public transportation or special van services equal to at least $150 per empioyee.I fifty (SO) public benefit points]. 16 $. Provide employer-assisted hoysiaLproqram. Provide an employer- assisted home ownership program equal to at least 150 j2er em to ee. [twenty-five 25 public benefit points]. (4) e. Workforce related actions. The applicant will: a. I Create new jobs. Create at least a specified number of new jobs two hundred +200 ubiic benefit points awarded in cumulative increments based on the number of new 'obs created as follows: 1. 1 to 25 "obs fift 50 ubiic benefit Dints 2.26 to SO 'obs fift 50 additional public benefit points 3. 51 to 7S 'obs fifty 50 additional jgublic benefit oints 4. More than 75 jobs fifty (50) additional public benefit points b. 2. Retain existing jobs. Retain at least a-speeffied iiu the present level of existing jobs [ twenty-five 25 public benefit points]. 17 niu�ww��nrnwwawx�� IRMO 17 IRMO w Y 17 3. Employ residents o Census Tracts in Economicall Distressed Areas. Employ residents of Census Tracts in Economically Distressed. Areas, as a Percentage of total company employees. __f two hundred 0200) public benefit points awarded in cumulative increments based on the number of Economically Distressed Area residents employed as a percentage of total company eMployees, as follows: 1. 1% to 10 % of em to ees RM. MW FREWSM benefit points 2. 11% to 20% of employees fifty 50 additional-public benefit oints 3. 21% to 30% of em to ees tw000, Aye RA rift 50 ., 3. Employ residents o Census Tracts in Economicall Distressed Areas. Employ residents of Census Tracts in Economically Distressed. Areas, as a Percentage of total company employees. __f two hundred 0200) public benefit points awarded in cumulative increments based on the number of Economically Distressed Area residents employed as a percentage of total company eMployees, as follows: 1. 1% to 10 % of em to ees fifty 50public benefit points 2. 11% to 20% of employees fifty 50 additional-public benefit oints 3. 21% to 30% of em to ees tw000, Aye RA rift 50 additional public benefit points 4. More than 30% of employees fifty (50)additional public benefit points 4. Hire 5 or more individuals who have a felony conviction in their background. [fifty (50) public benefit points] 5. Hire 5 or more individuals whose jobs were lost (within the last 12 months prior to hire date) due to the closing of a local (St. Joseph County) business. [fifty (50) public benefit pointsJ (2) Public benefit points thresholds and additional abatement years, except multi family development. Except with respect to multi - family development projects, the threshold number of public benefit points required to earn consideration by the Council of each additional year of abatement shall be as set forth below: a. Zero (0) through thFee seven hundred ninety -nine (399 X799) public benefit points earns consideration of zero (0) additional years of abatement; b. wee Pwm Eight hundred one (30+ 4800) through twee fow nine hundred €i€ty seve ninety -nine, (3P 4999) public benefit points earns consideration of one (1) additional year of abatement; c. wee One thousand 6358 51.000) through few eleven hundred €eefteen ninety -nine (41-4 51,199) public benefit points earns consideration of two (2) additional years of abatement; In d. Twelve hundred fifteen (415 61,200 through thirteen hundred seyeaty eae ninety -nine (471 61,399 public benefit points earns consideration of three (3) additional years of abatement; e. Fouf Fourteen hundred seventy twe (474 X1,400 through five s fifteen hundred tweiAy eight. ninety -nine (42�8 91,599) public benefit points carps consideration of four (4) additional years of abatement; f. Rye Vk4o Sixteen hundred tie (5N 91,600) through €ire gjgLo seventeen hundred eigh�y five ninet�! -nine (5M .91,799) public benefit points earns consideration of five (5) additional years of abatement; g. €tee N41w Eighteen hundred eioty -si* (SM 91,800) through si* nineteen hundred €efty twe ninety -nine (642- 1,999) public benefit points earns consideration of six (6) additional years of abatement; h. c;° kindr-ed €eiy -hree Q4io Two thousand (643 42,000} to one thetts (44,W) or more public benefit points earns consideration of seven (7) additional years of abatement. From To Additional Years 0 X39 799 0 499 800 494 999 1 5901 X99 1 199 2 440 1,200 699 1.399 3 1400 _qW 1599 4 8991600 931799 5 9W 1800 1,999 6 2,000 & over 7 (3) The following table indicates what abatements (phase -ins) of various years mean for the amount of deduction that is allowed from the assessed value of the property. 19 Deduction Allowed from Assessed Value of Property 0 10 0 9 0 8 c 5 0 0 0 0 0 7 .� 10 0 0 0 0 0 a 6 w 0 0 0 0 14 25 S 30 0 0 0 17 29 0 4 40 0 0 20 34 43 >+ 3 50 2 25 1 Deduction Allowed from Assessed Value of Property 0 0 0 0 0 0 0 5 0 0 0 0 0 0 13 10 0 0 0 0 0 13 22 20 0 0 0 0 14 25 33 30 0 0 0 17 29 38 44 40 0 0 20 34 43 50 55 50 0 25 40 50 57 63 66 55 33 50 60 66 71 75 77 80 66 75 80 85 85 88 88 95 100 100 100 100 100 100 100 100 3 4 S 6 7 8 9 10 Length of Abatement (Phase -In) (44) Public benefit points thresholds and additional abatement years, multi- family development. With respect to multi - family development projects, the threshold number of public benefit points required to earn consideration by the Council of each additional year of abatement shall be as set forth below: a. Zero (0) through one hundred forty -one (141) public benefit points earns consideration of zero (0) additional years of abatement; b. One hundred forty -two (142) through one hundred eighty -three (183) public benefit points earns consideration of one (1) additional year of abatement; P-111 c. One hundred eighty -four (184) through two hundred twenty -five (225) public benefit points earns consideration of two (2) additional years of abatement; d. Two hundred twenty -six (226) through two hundred sixty -seven (267) public benefit points earns consideration of three (3) additional years of abatement; e. Two hundred sixty -eight (268) through three hundred nine (309) public benefit points earns consideration of four (4) additional years of abatement; f. Three hundred ten (310) through three hundred fifty -one (351) public benefit points earns consideration of five (5) additional years of abatement; g. Three hundred fifty -two (352) through three hundred ninety -three (393) public benefit points earns consideration of six (6) additional years of abatement; h. Three hundred ninety -four (394) or more public benefit points earns consideration of seven (7) additional years of abatement. See. 2 -77.1. Single - family residential construction. (a) Generally. The Council believes that the following general standards have a reasonable relationship to the development objectives of single - family residential construction within the City, and would warrant tax abatement consideration as set forth herein. (b) Base abatement general standards. Proposed single - family new construction homes which are to be located within the City's corporate boundaries and meet the requirements addressing residentially distressed areas set forth in IC, 6- 1.1- 12.1 -2 and the provisions of subsection (d) below, may be considered for a base abatement consisting of five (5) years real property tax abatement. (2) Rehabilitation. Proposed single - family residential developments which incorporate rehabilitation of not less than ten thousand dollars ($10,000.00) in hard - dollar costs, which are to be located in the Economically Distressed Area may be considered for a base abatement consisting of five_ (5)-years real property tax abatement. This abatement will be considered only if the property in question does not qualify for either of the 5_ year abatements specified in Indiana Code 6-1.1-12-18 or_6-1.1-12-22. (c) No add -on abatement. No add -on abatement will be granted for single - family residential construction. 21 (d) Residentially distressed area designation. The grant of a residentially distressed area designation is subject to the following conditions: (1) The deduction will not be allowed unless the dwelling is constructed to meet the local code standards for habitability. (2) If a designation application is filed, the Council may require that the construction be completed within a reasonable period. See. 2 -84.2. Tangible personal property fax abatement. (a) Generally. The Council believes that the following general standards have a reasonable relationship to the development objectives of promoting the installation of New Personal Property in urban development areas within the City's corporate boundaries, and would warrant tax abatement consideration as set forth herein. (b) Base abatement general standards. (1) An applicant seeking personal property tax abatement must comply with all of the provisions of IC 6- 1.1- 12.1 -4.5, and the provisions of division 11 that are applicable. (2) An applicant complying with such provisions may be considered for a base abatement consisting of five (5) years personal property tax abatement. In the case of exceptional developments that create significant employment and tax revenues,_ such as IIN Tek, I/N Kote and the AM General 142 project, the Council may consider a personal 12roperty tax abatement of up to ten 14 ears. (e) Certification of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment. An applicant seeking personal property tax abatement must certify that it will use the New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment in one (1) or more of the uses listed within the definition of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in IC 6 -1.1 -12.1 et seq. (d) No add -on abatement. No add -on abatement will be granted for personal property See. 2 -84.7. Designation application required. (a) Owners must file. Owners of real property or new manufacturing equipment located within the City may petition the Council on forms provided by the City Clerk for real or personal property tax abatement consideration. All information and attachments required by the 22 designation application must be completed and filed with the City Clerk together with a filing fee set forth below to cover the review, processing and administrative costs of the Community and Economic Development Department and City Clerk. However, the filing fee charged for filing a designation application for a parcel that contains one (1) or more owner- occupied, single - family dwellings may not exceed the cost of publishing the required notice. (b) Schedule of fees. The application/review and Clerk's Office fees set forth below must be paid by the applicant to the City Clerk simultaneous with the filing of application or petition for real or personal property tax abatement consideration. The annual administration fees set forth below must be paid by the applicant upon receipt of a billing from the Community and Economic Development Department after the Council has adopted the pertinent declaratory resolution. (1) Outside a TIAA: a. Real property: 1. Application/review ... $323.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement ... 117.00 b. Personal property: 1. Application/review ... $323.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement ... 117.00 c. Combined: 1. Real property: (i) Application/review ... $323.00 (ii) Clerk's Office. _250.00 (iii) Annual administration, fee per year of abatement ... 117.00 2. Personal property: (i) Application/review ... $161.50 (ii) Clerk's Office ... 250.00 (iii) Annual administration ... 29250 (2) Inside a TIAA: a. Real property: 1. Application/review ... $393.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement ... 117.00 b. Personal property: 1. Applicationlreview ... $393.00 2. Clerk's Office ... 250.00 3. Annual administration, fee per year of abatement ... 117.00 c. Combined: 1. Real property: (i) Application/review ... $393.00 (ii) Clerk's Office ... 250,00 23 (iii) Annual administration, fee per year of abatement... 117.00 2. Personal property: (i) Application/review ... $196.50 (ii) Clerk's Office ... 250.00 (iii) Annual administration ... 292.50 The application/review and City Clerk's components of each of the above fees are nonrefundable. The annual administration component of each of the above fees may be refunded in the event the application or petition for tax abatement consideration is not approved by the Council or is withdrawn by the owner prior to final action by the Council. Should a tax abatement be rescinded, the annual administration fee for that abatement may be refunded subject to any refund being prorated and reduced by any costs incurred by the City in taking such action. Fees collected under this section shall be deposited as follows: Office of the City Clerk, fee of two hundred fifty dollars ($250.00) to the General Fund; and All other fees to Fund 212 to be used by the Community and Economic Development Department. (c) Petition information. Property owners petitioning for tax abatement shall provide the following information on the petition to enable the Council to consider their request: (1) The name(s) and address(es) of the real property owner(s) (and personal property owner(s), in the case of the request for personal property tax abatement), and any other person(s) leasing, intending to lease, or having an option to purchase such property, and a brief description of the business. (2) If the business organization is publicly held, the name of the corporate parent and the name under which the corporation is filed with the Securities Exchange Commission. (3) The legal description and commonly known address of the real property for which real property tax abatement is being petitioned; or the legal description and commonly known address of the facility at which the New Personal Property for which tangible personal property tax abatement is being petitioned will be located. (4) A map and/or plat describing the area where tax abatement is being requested. (5) The current assessed valuation of the real property improvement before Rehabilitation, Redevelopment, economic revitalization, or improvement; or the current valuation of the tangible personal property to be replaced by New Personal Property. (6) Photographs of the location taken within two (2) weeks of the filing of the petition. (7) The real and personal property taxes paid at the location during the previous five (5) years, whether paid by the current owner or a previous owner. 24 (8) The commitment made within the past five (5) years to hiring minority persons including number of minority persons employed during each of the past five (5) years, specifying whether full -time or part -time and whether permanent or temporary employees. The petitioner shall also list the current number of total employees (full - and part -time) and the current number of minority persons (full- and part- time). (9) An estimate of the after - rehabilitation market value of the real property or an estimate of the market value of the New Personal Property after installation. (10) The commitment to minority employment during the first five (5) years of tax abatement. (11) A description of the proposed project (whether Rehabilitation, new construction, or installation of New Personal Property), including information about physical improvements to be made or the New Personal Property to be installed, an estimate of the cost of the project, the amount of land to be used, the proposed use of the improvements, and a general statement as to the value of the project to the business. (12) An estimate of the number of new permanent jobs to be created by the project within two (2) years, a statement of the current number of permanent and part -time jobs at the location and the impact on those current jobs to be caused by the project, and the projected annual salaries for each such position to be created. (13) Certification that no building permit has been issued for construction on the property for the improvement proposed or verification that the New Personal Property has not been installed. (14) The North American Industry Classification System (NAICS) major group within which the proposed project would be classified, by number and description. (15) The Internal Revenue Service Code of principal business activity by which the proposed project would be classified, by number and description. (16) A description of on -site child care or day care facilities, services, or benefits currently offered or proposed to be offered by the petitioner for children of employees. (17) Other anticipated public financing for the project, including, if any, industrial revenue bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Administration Section 504, financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana; financing through the Industrial Development Revolving Fund; or other public financial assistance, including public works improvements. 25 (18) For real property tax abatement, a description of how the property in question has become undesirable for or impossible of normal development and occupancy because of lack of development, cessation of growth, deterioration of improvements, or character of occupancy, age, obsolescence, substandard buildings or other factors which have impaired values and prevent a normal development of the property or property use. (19) For personal property tax abatement, a description of why the facility or group of facilities to be replaced are technologically, economically or energy obsolete, whereby the obsolescence may lead to a decline in employment and tax revenues; together with a verification that the New Personal Property will be used and ffieA the New in one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information and Technology Equipment, all as set forth in IC 6 -1.1 -12.1 et seq., was never before used by its owner for any purpose in Indiana. (20) The name, address, telephone number, facsimile number, email address, and web address of the person to contact regarding notice of Council meetings and public hearings concerning the petition. (21) The name, address, telephone number, facsimile number, and email address of the person who will work with WDS for employee recruitment. (22)__ Certified payrolls to document the payment of employee „wage; ,rates at the site identified in the tax abatement petition where the abatement will the utilized. (Identifying individual information should be withheld.) (23) Certified payrolls to document the payment of wage rates, residency,,, and employment status of construction workers employed on the abated project. (Identifying individual information should be withheld. 24 A written Affirmative Action Plan for coMany employees, which indicates the positive steps being taken to encoura a the hiring, promotion, and retention of qualified members of historically disadvantaged groups, such as pile of color, women, and the disabled. (25) Written documentation from construction contractors to indicate compliance . with the Affirmative Action requirements of Executive Order 11246. Contractors with fewer than 50 employees or with contracts of less than $50,000 are not required to maintain a written Affirmative Action Plan. This requirement does not gpply to residential single family home construction and rehabilitation. (26) Written documentation to support all claims for public benefit points made in connection with their abatement. PTA (d) Power of attorney. If a person other than the person signing the application is to represent the applicant at any meeting of the Community and Economic Development Committee or the Council, a duly executed power of attorney authorizing such representation must be on file with the City Clerk. Sec. 2 -54.9. Advisory review by Community and Economic Development Department. (a) Upon the filing of a completed tax abatement petition, including all attachments, filing fee, statement of benefits form, and the declaratory and confirmatory resolutions by the owner, the City Clerk shall refer the documents to the Community and Economic Development Department for an advisory review. The review shall be for informational purposes only, and shall not be binding on the designating body. (b) The Community and Economic Development Department shall review the petition, statement of benefits, and all attachments thereto. It shall also have the authority to request additional information from the petitioner which are relevant to the petition and statement of benefits. (c) Within fifteen (15) days from the receipt of the documents from the Office of the City Clerk, the Community and Economic Development Department shall prepare a written report setting forth a review of its advisory findings. The report shall be sent to the Council's Community and Economic Development Committee, to the City Clerk, and to the petitioner. (d) The report shall address but not be limited to addressing the following: (1) Whether all required information has been submitted by the petitioner. In the event that additional information was requested of the petitioner, the report shall address such requests and the response received from the petitioner. (2) Whether the information contained in the petition and statement of benefits indicates that the requirements of this article are met by the project as described in the petition. (3) Whether zoning requirements have been met, according to the Building Department. A copy of the Building Department's of Cede R49r- eemen *'n report shall be attached to the report. (4) Whether the project is located in a tax allocation area, as defined in IC 36- 7 -14 -39 and, if so, whether the South Bend Redevelopment Commission has adopted a resolution approving that application. A copy of such a resolution if required shall be attached to the report. (5) The proposed memorandum of agreement shall be attached to the report. (6) Whether in the Community and Economic Development Department's opinion, a deduction should be allowed based on the following: 27 a. Whether the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of that nature. b. Whether the estimate of the number of individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. c. Whether the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained can be reasonably expected to result from the proposed described redevelopment or rehabilitation. d. Whether any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation. (e) The Community and Economic Development Department's report shall also have attached to it a copy of the petition and statement of benefits form and all attachments thereto. Sec. 2- 84.10. Review and recommendation by Council's Community And Economic Development Committee. (a) The Council's Community and Economic Development Committee shall examine, review and conduct a public committee meeting concerning the petition and statement of benefits, and declaratory resolution. Such meeting shall not be scheduled until the advisory report from the Community and Economic Development Developmefit Department has been received by the City Clerk, the Council's Community and Economic Development Committee, and the petitioner. (b) The petitioner and/or its representatives shall be required to attend all such committee meetings where such information is to be reviewed. The petitioner shall present verbal and written evidence as to why it believes it should be granted the tax abatement sought. (c) At the Committee meeting, the Committee shall specifically consider, among other information provided by the petition, the commitment made to minority employment by the petitioner during the past five (5) years and during the first five (5) years of tax abatement. (d) Following questioning and review, the Committee shall take action on the request and shall submit its recommendation to the Council as to whether the property qualifies as an Economic Revitalization Area under the terms of this article and 1C 6- 1.1- 12.1 -1et seq. Sec. 2- 84.12. Confirmatory resolution. (a) Following the legal publication and on the date published in the legal notice, a public hearing on the confirmatory resolution shall be held by the Council. The petitioner and/or its representative shall be present and shall be required to present evidence why it believes the tax abatement requested should be granted, at which time the Council shall receive and hear all remonstrances and objections from interested persons pertaining to the petition. At the public hearing, the Council shall determine whether the petition complies with this article and with IC 6- 1.1- 12.1,et seq., and shall consider all pertinent requirements for Economic Revitalization Areas prior to taking final action determining whether the petition meets qualifications for an Economic Revitalization Area and confirming, modifying and confirming, or rescinding the declaratory resolution. The determination of Council is final except that an appeal may be taken and heard as provided by IC 6- 1.1- 12.1- 2.5(d) and (e). (b) The Council must make a determination as to whether the deductions shall be allowed and made specific findings pursuant to IC 6- 1.1- 12.1 -3 when considering real property tax abatement requests to be located in economic revitalization areas. The Council must further comply with IC 6- 1.1- 12.1 -4.5 and make specific finding thereto when considering personal property tax abatement requests. In the case of real property tax abatement requests to be located in residentially_distressed areas the Council must make a determination as to whether deductions shall be allowed and make specific finding pursuant to IC =36-1.1- 12.1 -2 and IC 6 -1.1- 12.1 -3. (c) In declaring an area an Economic Revitalization Area, the designating body may: (1) Limit the time period to a certain number of calendar years during which the area shall be so designated; (2) Limit the type of deductions that will be allowed within the Economic Revitalization Area to either the deduction allowed under IC 6 -1.1- 12.1 -3, IC 6- 1.1- 12.1 -4.1 IC-6-1.1- 12.1-4.5 or the deduction allowed under IC 6- 1.1- 12.1 -4. 58; (3) Limit the dollar amount of the deduction that will be allowed with respect to New Personal Property if a deduction had not been filed before July 1, 1987, for that equipment; (4) Limit the dollar amount of the deduction that will be allowed with respect to redevelopment and rehabilitation occurring in areas that are designated as Economic Revitalization Areas on or after September 1, 1988; or (5) Impose reasonable conditions related to the purpose of state law or to the general standards adopted herein for allowing the deduction for the Redevelopment or Rehabilitation of the property or the installation of the New Personal Property. (d) To exercise one (1) or more of the above - described powers, the Council must include this fact in the resolutions adopted. (e) Prior to the Common Council taking final action on a Confirmatory Resolution which involved Public Benefit Points being awarded for construction jobs, a list of contractors which are intended to be used must be filed by the Petitioner with the Department of Community Ng and Economic Development for verification purposes by the Department. The Department shall confirm in writing to the Office of the City Clerk receipt of such information which will trigger the Confirmatory Resolution being placed on a Common Council agenda. See. 2- 84.13. Annual review of petitions by Council. (a) All property owners who receive approval of their real and/or personal property tax abatement requests as a result of the Council's action under this article, shall be required to appear before the Council's Community and Economic Development Committee. Such appearances shall take place at a committee meeting following the petitioner's filing of the first Certified declaration application with the County Auditor, required by the State Board of Tax Commissioners pursuant to IC 6- 1.1- 12.1 -5. (b) Additionally the petitioner shall file with the Committee its annual report on forms previously sent to it by the Community and Economic Development Department. Such mailing by the Community and Economic Development "Department shall be done annually to each such petitioner on or before February 1, by ee#i€ied and shall provide notice that if the property owner fails to comply, that it may be subject to fines as set forth in this article. Petitioners must return their completed annual report within thirty (30) days from receipt. with sue date beifrg (c) The annual report shall include, but not be limited to, the following information. (1) The name and address of the person(s) filing the report. (2) The amount of real and/or personal property taxes paid for the property during the year before the property was declared as an Economic Revitalization Area and during the most recent tax year. (3) The current number of part -time and full -time jobs, specifying whether permanent or temporary, and the number of such jobs as of the end of the year immediately prior to receiving tax abatement. (4) The names of Local Company and/or Minority contractors used during the renovation of the real property and/or installation of New Personal Property for which tax abatement was received. (5) The number of minority persons hired for full -time and part-time jobs, specifying whether such jobs are permanent or temporary, since the completion of the project for which tax abatement was given. (6) Undated certified payrolls to document the payment of employee wage rates at the site identified in the tax abatement etition where the abatement will be utilized. (Identifying, individual information should be withheld.) 30 7 Updated certified payrolls to document the payment of wage rates residency, and employMent status of construction workers employed on the abated proiect, if the construction protect is still „ongoing. Lal Written documentation to demonstrate that the petitioner is still in compliance with the commitments made to receive public benefit _points. Levels of the Poverty Wage, Self-Sufficiency Wage, Common Construction Wage, and mean hourly wage in effect at the time of the annual review shall be used to determine compliance, (d) In addition to the Council's Community and Economic Development Committee being present at said committee meeting to review the petitioner's progress, Workforce Development Services, and members of the Community and Economic Development Department shall be in attendance to question the petitioner. (e) The Council's Community and Economic Development Committee shall review the material presented by the petitioner in comparison to the information published by the County Auditor as required by IC 6 -1.1- 12.1 -8. (f) The Council's Community and Economic Development Committee shall specifically advise each property owner in writing as to whether subsequent appearances before the Committee shall be necessary. If such additional appearances are not required, the property owner shall be duly advised that its future annual reports may be mailed. Failure to mail such completed reports shall result in a fine of two thousand five hundred dollars ($2,500.00) for each such failure to comply. (g) To allow for changing conditions and to provide flexibility, the applicant may, in conjunction with its annual report, indicate its intention to drop specific benefits identified at the time of application. It may do so without penalty if it substitutes other benefits of at least equivalent point value, if it provides written documentation for the new benefits, and if the Council approves the substitution. Section II. Section 2 -84.14 is amended only at subparts (a) and (d) and the remainder of Section 2 -84 -14 is unchanged by this Ordinance. Subparts (a) and (d) shall now read as follows: Sec. 2- 84.14. Failure of petitioner to comply may result in fines being imposed or termination of economic revitalization designation and repayment of taxes previously abated.* *Note: IC 6 -101- 12.1 -5 -9, Version b provides in part that if the Common Council "determines that the property owner has not substantially complied with the statement of benefits and that the failure to substantially comply was not caused by factors beyond the control of the property owner" (such as declines in demand for the property owner's products or services) the Council shall hold a hearing after proper notice has been given, with the Council determining whether the 31 property owner has "made reasonable efforts to substantially comply with the statement of benefits and whether any failure to substantially comply was caused by factors beyond the control of the property owner ". (a) The Council believes that the granting of a request for real and/or personal property tax abatement under the terms and conditions of this article and the memorandum of agreement constitutes a contractual arrangement between the Council and the property owner granted the abatement. (d) A petitioner who complies with section 2- 84.13, but fails to provide satisfactory evidence as to why it has not fulfilled the obligations set forth in the memorandum of agreement and the petitioner's related documents used by the Council when granting the abatement, shall be required to pay the tax abated to -date attributed to the unfulfilled obligations and may be fined in the minimum amount of two hundred fifty dollars ($250.00) to a maximum amount of two thousand five hundred dollars ($2,500.00) for each such failure to perform. Section 111. Chapter 2, Article 6, 2 -84.16 is hereby amended to read as follows: Sec. 2- 84.16. Review of tax abatement procedures by Council. (a) In calendar years ending with an even number, the Council shall review its tax abatement procedures set forth in this article. Annually the Council shall review benefit categories in this article in order to determine if there are pressing needs of the community that should be addressed. (b) The review shall be conducted by the Council's Community and Economic Development Committee with a report of its findings being presented to the full Council on or before October 1 of such years. (c) Nothing in this section prohibits a more frequent review of such procedures. Section 14.1V This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. Attest: City Clerk 32 Member, South Bend Comm, on Council Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2—, at o'clock . In. Approved and signed by me on the o'clock . In. 3 vd RI-, AD `,T APPROVED City Clerk day of 2 , at Mayor, City of South Bend, Indiana Filed In Clork'S ONW-8 NOV -42010 4 20110 33 jol�j,'4 %10 RDE CURK, SO BF4T), T- RcT:rf October 7, 2010 RE: Substitute Bill 61 -10 To the Members of the South Bend Common Council: iProject nture Based upon comments made at the Community and Economic Development Committee Meeting of October 5, 20 10, 1 am pleased to file a Substitute Bill 61 -10. The changes made from the original filing include: Additional definitions to clarify the Bill, especially the definition of Poverty Wage. 2. Modify the Base -In Schedules. 3. Provide a better mechanism for public disclosure of Phase -In Credits taken by an Applicant. We appreciate the opportunity to answer any further questions you may have or to participate in any further public hearings or meetings regarding this Bill. Sin 1 , atrick M. McMahon p 9 Executive Director '.� ;' ��� OCT 8 tr C4'J 401 E. Colfax Ave. Suite 305 South Bend IN 16634- www.projectfuture,org- 574.234.6590 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITE' OF SOUTH BEND, INDIANA REPEALING CHAPTER 2, AR'T'ICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS AND ESTABLISHING NEW TAX ABATEMENT PROVISIONS AND PROCEDURES STATEMENT OF PURPOSE AND INTENT It has been seven (7) years since this Council enacted Ordinance No. 9394 -03 updating Tax Abatement procedures for the City of South Bend. During that time, the Council has had an opportunity to evaluate the effectiveness of these procedures, and to compare them with benefits being offered by other cities throughout the State of Indiana. There are 563 cities and towns in 85 of Indiana's 92 counties granting tax abatement. The Council has determined in order to increase tax revenue, add to the tax base, create new jobs and help our community grow, new procedures to develop tax phase -in should be instituted. These new procedures recognize the fact that the best way to achieve economic development in our City is to incentivize businesses by providing a clear, flexible, and fair process which provides benefits to phase in the payment of taxes, and to reward good citizenship by providing additional phase -in credits consistent with the goals and objectives of the Council to maintain and improve the quality of life in the City of South Bend. This Ordinance achieves the goal of providing the best method to ensure the actions taken by the beneficiary of the tax phase -in credits are consistent with the actions taken by that beneficiary of the tax phase -in credits. In this way, the resulting increase of economic activity will ensure the long -term viability of the City of South Bend. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section 1. Chapter 2, Article 6, Sections 2 -76 through 2 -85 are repealed and are replaced as follows: ARTICLE 6. TAX ABATEMENT PROCEDURES DIVISION 1. GENERAL. PROVISIONS See. 2 -76. Legislative Findings. (a) The Council finds there is a need to develop improved tax abatement (hereafter "tax phase -in ") procedures. (b) The Council finds phasing in taxes on new investment in real and personal property, as allowed by Indiana Code 6 -1.1 -12.1, is an essential economic development tool, and the purpose of phasing in taxes is to help attract new investment, new employment and new wealth to the community with the result of creating growth and improving quality of life. (c} The Council finds to be effective, a tax- phase -in policy must be competitive, flexible and easy to understand and procedures for application, compliance and reporting must be simple, fair and welcoming. (d) The Council recognizes an attractive, fair and equitable ordinance is best achieved if the opportunity to phase in new tax payments is earned annually through actual performance, as opposed to negotiating at the beginning of a project, and making an award based upon best estimates of future activities. (e) The Council has crafted this ordinance so as to encourage expanded investments, continuous job creation, and a pattern of positive corporate behavior during the entire term over which a tax phase -in might be established. (f) The Council, therefore, declares the tax abatement procedures and general standards set forth in this Article shall govern tax phase -in requests filed for its consideration. (g) The tax phase -in procedures and general standards set forth in this Article are promulgated pursuant to the "Home Rule" Powers vested in the City pursuant to I.C. 36 -1 -1 -3 et seq., and the "Deduction for Rehabilitation or Redevelopment of Real Property in Economic Revitalization Areas" statute set forth in 1C 6 -1.1- 12.1-1 et seq (hereafter "State Law "). All persons who desire to seek real or personal property tax phase -in consideration, have the duty to comply with the applicable provision set forth in this Article, as well as all State Law requirements. (h) The Legislative findings are hereby incorporated into the remaining provisions of this Tax Phase -In Ordinance. Sec. 2 -76.1. Definitions, Interpretation and Area baps. (a) For purposes of this Article, unless the context otherwise requires, a term that begins with an upper case letter has the meaning assigned in the sentence in which it appears within quotation marks; and the following words and phrases have the meanings set forth below. (1) Airport Economic Development Area and AEDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the president of the South Bend 2 Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (2) Central Business District and CBD mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and fled with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (3) City means the City of South Bend, Indiana. (4) City Clerk means the City Clerk of the City of South Bend, Indiana. (S) Council means the Common Council of the City of South Bend, Indiana. (b) Designating Body means the Common Council of the City of South Bend, Indiana. (7) Community and Economic Development Department means the Community and Economic Development Department of the City of South bend, Indiana. (8) County Assessor means the Assessor of St. Joseph County, Indiana. (9) County Auditor means the Auditor of St. Joseph County, Indiana. (10) East Bank Development Area and EBDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. (11) Economic Development Target Area and EDTA mean the area located within the City's corporate boundaries designated by the Economic Development Commission as amended from time and time filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South 3 Bend Common Council's Community and Economic Development Committee. (12) Economic Revitalization Area and ERA have the meaning set forth in I.C. 6 -1.1 -III -1 et seq. 13 Existin Lm to ees or Em to meat means the number of full -time employees listed in the Application filed under Division 3 below. 14 Full Time Employee or Employment means an employee who works at least thirty CM) hours in a five (5) consecutive day period. (15) Green Products and Services means products and services, the use of which qualifies for federal Tax Credits in any one 1 of the following.:yses: _(i)__ solar,. argcl_wind ever y� {i waste eJaarai c nz (iii )_ recycling and reuse iv energy efficient construction materials and design, and (v) heating, cooling and environmental control equipment. (163) Hard - Dollar Costs means expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. (174) Local Contractor means a legal entity the Council deems to have its principal place of business in St. Joseph County, Indiana or those Indiana counties located immediately adjacent to St. Joseph County. (185) Low and Moderate Income Individuals or Families means those persons who qualify under the Department of Housing and Urban Development, Sections 3 and 8 income requirements. (196) Mixed Use means any mix of two (2) or more of the following uses only: office, retail, multi- family housing, or hotel uses. (20) Net New Employment means any increase in full -tune employees for any pailicular calendar year over the full -tinge em to ent existing at the time of the filing of the application, added kem the (214 -7) New Information Technology Equipment has the meaning set forth in T.C. 6 -1.1- 12.1 -1 et seq. (224S) New Logistical Distribution Equipment has the meaning set forth in I.C. 6.1.1 - 12.1.1 et seq. 51 Q34-9) New Manufacturing Equipment has the meaning set forth in I.C. 6- 1.1- 12.1 -1 et seq. (240) New Personal Property includes New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information and Technology Equipment, all having the meaning set forth in I.C. 6- 1.1- 12.1 -1 et seq. (25--) Phase -In Prevailing Wages means the appropriate existing rate structures for the area's building trades as documented in the area's current applicable construction labor agreement. Current applicable agreements may be secured through the MACIAF Office located at 3215 A Sugar Maple Court, South Bend, Indiana 46628. 26) Poverty Wa e means the wage rate paid to a full time employee at the overriment- defined poverty level calculated by the Povert y Annual Income Level for a household of three (3) as listed iri the Annual Federal PovertGuidelines (htto://aspe.hhs..gov/poverty/index.shtml) divided by 2,080 hours. The current Poverty Wage until March 1, 2011 is $8.80 per hour. The Poverty Wage shall be recalculated annually on March 1 using the calculation described above. (272) Property has the meaning set forth in I.C. 6- 1.1- 12.1.1 et seq. J (283) Redevelopment has the meaning set forth in I.C. 6- 1.1- 12.1. -1 ct seq. (294) Redevelopment Blighted Area and R. A. mean real Property meeting the standards set forth in I.C. 6 -1.1 -12.1 et seq., excluding the South Side Development Area. (3025) Residentially Distressed Area and RDA mean an area that meets any of the following findings as declared by the Council: (i) The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings or multi - family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or (ii) Any dwellings in the area are not permanently occupied and are: w (1) The subject of an order issued under I.C. 36 -7 -9; or (2) Evidencing significant building deficiencies; or (iii) Parcels of property in the area: (1) Have been sold and not redeemed under I.C. 6 -1.1- 24 and I.C. 6- 1.1 -25; or (2) Are owed by a unit of local government; or (3) A significant number of dwellings within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or (4) A significant number of dwelling units within the area are: (i) The subject of an order issued under I.C. 36- 7-9; or (ii) Evidencing significant building deficiencies; or (5) 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 area is owned by Indiana or the United States; or (6) The area (plus any areas previously designated under this subsection) will not exceed ten (10) percent of the total area within the Council's jurisdiction. (312-6) South Side Development Area and SSDA mean the area located within the City's corporate boundaries designated by the South Bend Redevelopment Commission and the Common Council, as amended from time to time, and filed with the City Clerk's Office with notice to the President of the South Bend Common Council and the Chair of the South Bend Common Council's Community and Economic Development Committee. Gel (2-7" Tax Abatement Impact Areas and TAIA mean the area located within the City's corporate boundaries designated by the South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (3324) Tax Increment Allocation Areas and TAIA have the meaning set forth in I.C. 36- 7- 14- 39(a). (34 ) Technology Based Business means a business meeting. one 1 or more of the following criteria: i its ri mar products or services utilized or are based on university- licensed technolo • advanced materials and processing technologies; energy, production and defense technologies; electronic and photonic devises and components; information and communication technologies, equipment, and systems; - biotechnolo ies; - -and _remanufacturing technologies; or (ii) has a ratio of research and .develo anent ex enditures to net sales of at least the average for a typical Research and Development company based on National Science Foundation Data (the current ratio is 3.6 %). (352-9) Urban Enterprise Zone and UEZ mean the area located within the City's corporate boundaries designed by the Urban Enterprise Association and South Bend Common Council, as amended from time to time, and on file with the City Clerk's Office. (369) Workforce Development Services and WDS mean Workforce Development Services of St. Joseph County or its successor agency. (b) Any term not otherwise defined in this Article has the meaning ascribed to it in I.C. 6- 1.1- 12.1 -1 et sect. (c) All defined terms are to be interpreted that the singular includes the plural and vice versa as indicated by the context. (d) The terms "including ", "such as ", and similar terms which used as part of a phrase containing one (1) or more specific items, are to be interpreted as being used by way of example and not of limitation. (e) All references to provisions of the Indiana Code, the Municipal Code of South Bend, and the United States Code are to be interpreted as meaning these provisions as they exist on the effective date of the ordinance from which this Article derives and as they may be amended in the future. 7 (f) Accurate and current maps of all areas defined in this Section with legal descriptions are available in the Office of the City Clerk and are printed at the end of this Article. Larger versions of said maps are available for public inspection in the Office of the City Clerk and in the Community and Economic Development Department during regular business hours. Said maps may also be accessed on the City's website at htip://www.southbendin.gpv. See. 2 -76.2. Earning a Property Tax Phase -In. State Law allows governmental units the option to award Tax Phase -Ins of various lengths of time, from one (1) to ten (10) years. The Council has structured procedures which create an opportunity for any applicant to earn the maximum phase -in benefits calculated by allowing the applicant Credits in terms of years of Tax Phase -In. The Tax Phase -In shall be earned in two (2) stages. (a) Base Tax Phase -In Credits are earned as a result of a qualified project's primary impacts, namely size of investment, job creation, and wage impacts. A competitive, one -page chart (Section 2 -78) allows for a quick calculation of the term of a phase -in attributed to these criteria. (b) Bonus Tax Phase -In Credits may be earned as a result of activities which benefit the community in ways which extend beyond the project's primary impacts. These additional phase -in credits are divided into those which are available to the property owner during two different periods of time. (1) Construction and site location bonus credits, available to the property owner during years one (1) through three (3) of the phase -in. (Section 2- 81) (2) Company on -going operations, and community benefit / good corporate citizenship credits, available to the property owner during years four (4) through ten (10) of the phase -in. (Section 2 -82) (c) Bonus Tax Phase -In Credit Limitations Bonus Tax Phase -In Credits may be earned only for real property improvements which are not single- family residential real property. (d) Bonus Tax Phase -In Credits are not available to supplement the base tax phase - in credits earned for tangible personal property. See. 2 -76.3. Initial Phase -In Terms and Earning Phase -in Credits (a) When approving a request for real or personal property tax phase -ins, the Council will set the initial term during which base and bonus phase -in credits can be earned. This initial term shall be ten (10) years for real and personal property tax phase -ins, and five (S) years for single family residential projects. (b) The actual property tax phase -in credits that may be annually claimed by a property owner is restricted to those base and bonus credits that have actually been earned during the previous calendar (taxable) year, in accordance with the City's Phase -In ,Schedule. (Section 2 -83). (1) This deduction may be claimed only if supporting documentation is filed with the property owner's annual property tax payments, (2) All information filed with the County Auditor documenting phase -in credits earned in any given year to determine the amount of property taxes owed are submitted under pains and penalties of perjury in compliance with Section 2 -84.3. (c) Under no circumstances will the total phase -in period exceed ten (10) years in length. Sec. 2- 76.4. Threshold Criteria for All Applicants and Projects The Council may grant a property tax phase -in to an applicant whose project meets the threshold performance criteria of Section 2 -77 Threshold Performance Criteria DIVISION 2. SCHEDULES FOR DETERMINING PHASE-IN CREDITS Sec 2 -77 Threshold Performance Criteria The City of South Bend welcomes applications for Tax Phase -In from all businesses, regardless of size, and persons that meet all of the following criteria. (a) All of the applicant's full time employees (located in St. Joseph County, Indiana) are paid wages which exceed the Federal Poverty Wage. 4 d e 4. fi °d , ni a"41 The Office of the City Clerk and the Community and Economic Development Department shall maintain a record of the current Federal Poverty Wage. (b) The project meets or exceeds Federal Equal Employment Opportunity Commission statutes and regulations. (c) All contractors and construction personnel on site at the applicant's project meet state and local requirements with respect to bonding, licensing, and registration requirements of the St. Joseph County /City of South Bend Building Department. 0 Individuals working as independent contractors may be utilized only if they meet these criteria. (d) The applicant must be in good standing with all Federal, State of Indiana, County of St. Joseph, and City of South Bend laws and ordinances. Any issues involved in a formal appeal or dispute process shall be disclosed as part of the application process. (e} Neither the applicant nor any related party of the applicant is delinquent or in default with respect to any property tax payment in St. Joseph County, Indiana nor should the applicant or any related party of the applicant have a record of violations of local, state, or federal laws or regulations over a period of time that, in the opinion of the Council, tends to show a consistent pattern of violations. (f) The proposed business activity is not included in a list of those activities identified and prohibited by the current tax abatement statutes of the State of Indiana. [SEE SECTION 2 -7& ON FOLLOWING PAGE] 10 See 2 -78 PRIMARY IMPACT MEASURES FOR BASE PRASE -IN FOR Real Property a. Investment: Buildin s and Site –Improvements Ij) $250,000 to $52,000,000 3 years $52,000,001 to $ -310,000,000 4 years $330,000,001 to 506 to 99 $415,000,000 5 years $415,000,001 to 150 to 199 $520,000,000 6 years $35,000,1) to $4 25,000,000 7 years $245,000,041 to $2530,000,000 8 years $3025,000,001 to $50,000,000 9 years over $50,000,000 10 years b. Net New Fm to mentJeb,& 5 to 105 1 year 106 to 29 2 years 30 to 4955 3 years 506 to 99 4 years 140 to l49 5 years 150 to 199 6 years over 200 7 years Real Property Base Tax Phase -In: e. Existing EM l vmentjle� South Bend provides consideration for existing employers based upon =� dries el—a Dreg G' the applicant's St. Joseph Count Indiana existing ill -tune Io_y_ment as of the date of the fali�his a lication Current employees paid in excess of St. Joseph County Average Wage(2) 10 to 50 1 year Over 50 2 years d. Wages 85% of total local full -tune ern Io ees must meet this standard to qualify 110 to 149% of average count wage {2) 2 years 150 to 1741/o of average county wage (2) 3 years 175 to 199% of average county wage (2) 5 years over 200% of average county wage (2) 7 years Investment Net New Jobs Existing Jobs Wages Total (1) Defined as expenses directly related to the proposed new construction or rehabilitation excluding costs of land, financing, architect, engineering, and attorney fees. (2) Current Average County Wage is $18.07/hr (Marchl, 2010) Does not include benefits. c3) Maximum available under State law = 10 years 11 See 2 -79 PRIMARY IMPACT MEASUREs FOR BASE PHASE -IN FOR 'Tangible Personal Property Personal Property Base Tax Phase -In petitions arc filed separately from Real Property petitions. Investment: Machinery and E ui ment $50,000 to $10,000,000 5 years Over $10,000,000 10 years (') All such equipment must meet the provisions of IC 6- 1.1- 12.1 -4.5 See 2 -80 PRIMARY IMPACT MEAsuREs FOR BASE PHASE -IN FOR RESIDENTIAL ]PROPERTY Sec 2 -80.1 Multi- family residential developments. (a) A Base Phase -In is available for multi - family residential developments which are to be located in the Economic Development Target Areas, and which specify or guarantee that for the duration of the abatement at least twenty (20) percent of the units shall be available for use by low and moderate income individuals or families. (1) New construction. Proposed multi - family residential developments which incorporate new construction of not less than one million dollars ($1,000,000.00) in hard - dollar costs. Base Phase -In Available: 3 years (2) Rehabilitation. Proposed multi - family residential developments which incorporate rehabilitation of not less than two hundred fifty thousand dollars ($250,000.00) in hard - dollar costs Base Phase -In Available: 3 years (b) An additional Bonus Phase -In Credit is available for multi - family residential developments, which qualify to be considered for a base phase-in under the provisions of subsection (a) above from one (1) to seven (7) years pursuant to Sections 2 -81 and 2 -82. See. 2 -80.2 Single- family residential construction. (a) A Base Phase -In is available for single- family new construction homes which are to be located within the City's corporate boundaries and meet the requirements 12 addressing residentially distressed areas set forth in IC, 6- 1.1- 12.1 -2 and the provisions of subsection. (c) below, may be considered for a Base Phase -In Credit of five (S) years. (b) No Bonus Phase -in Credits. No additional phase -in credits will be allowed for single - family residential construction. (c) Residentially distressed area designation. The grant of a residentially distressed area designation is subject to the following conditions: (1) The deduction will not be allowed unless the dwelling is constructed to meet the local code standards for habitability. (2) If a designation application is filed, the Council may require that the construction be completed within a reasonable period. Sec 2 -81 Real Property Tax Phase -In - Bonus Criteria— Years 1 through 3 — FOR INVESTMENT /CONSTRUCTION/LOCATION In addition to the base tax phase -in earned as a result of achieving their Primary Project Impacts, businesses may earn additional real property tax phase -in credits for each of years one (1) through three (3) by meeting any of the following criteria during the construction phase of the project. (a) Local Contractor Usage Additional phase -in credits may be earned if the project utilizes local contractors. (1) ]Local Contractor engagement measure Determined by calculating the percentage of project construction labor dollars for real property improvements expended within the facility footprint via local contractors. (2) Target Criteria The local contractor utilization within the facility footprint (i) Equals or exceeds 80 %. 2 years (Ii) Equals 100 %. 3 years (b) Construction Wages Additional phase -in credits may be earned if the project meets or exceeds Phase - In Prevailing Wage Standards. 13 (1) Target Criteria (i) 80% of the construction wages expended within the facility footprint equals or exceeds the Phase -In Prevailing Wages in existence at the time of the filing of the phase -in petition. 2 years (ii) 100% of the construction wages expended within the facility footprint equals or exceeds the Phase -In Prevailing Wages in existence at the time of the filing of the phase -in petition. 3 years (iii) 100% of the construction wages expended on the entire construction site equals or exceeds the Phase -In Prevailing Wages in existence at the time of the filing of the phase -in petition. 4 years (c) Training Support Support for formal industry training programs. 80% or more of the project construction labor dollars for real property improvements expended within the facility footprint are via contractors that are registered with the Federal Bureau of Apprenticeship Training. 1 year (d) Special Site /Location The project is located within a specific geographic area targeted by the City for special property tax phase -in credits. (i) These special geographic areas include: (i) CentraI Business District (CBD) (ii) East Bank Development Area (EBDA) (iii) South Side Development Area (SSDA) (iv) Urban Enterprise Zone (UEZ) Additional Credit Available: 2 years (e) Documentation Any real property owner that intends to claim credit for any bonus years associated with the construction related criteria outlined in this schedule is responsible for the collection of all documentation needed to support the specific credit claimed Sec 2 -82 Bonus Criteria — fears 4 through 10 - OPERATING AND COMMUNITY SUPPORT (a) In addition to the base tax phase -in earned as a result of achieving their Primary Project Impacts, businesses may earn additional real property tax phase -in credits during years four (4) through ten (10) by meeting any of the following criteria. 14 (1) These criteria reflect actions which benefit the community as a whole. (2) These additional credits may be utilized to reduce a company's property taxes for the previous (individual) taxable year. (i.e.: property taxes paid in 2014 may be adjusted for credits earned during 2013) (3) In all cases, these are measures of the operating activities of the specific facility that has received a property tax phase -in approval. Data from other facilities may not be included. (b) Local Purchasing Percentage ( %) of total local (defined as St. Joseph County, Indiana) purchases — including materials, supplies, and services (1) 50% local I year (2) 85% local 2 years (c) Headquarters Company Headquarters is located in St. Joseph County, Indiana I year (d) Payroll Increase Increases in gross direct labor from rep _ vious calendar year (1) 20% 1 year (2) 30% 2 years (c) Employment (1) 5 % or 10 employees from specified census tracts(') I year (2) 10% or 4-0-20 employees from specified census tracts M 2 years (3) Hire 5 or more individuals who have a felony conviction in their background (who have or are going through a rehabilitation or reentry program) 1 year (4) Hire 5 or more individuals whose jobs were lost (within the last 12 months prior to hire date) due to the closing of a local (St. Joseph County) business 1 year (�) Census Tracts with the highest levels of poverty and unemployment, yment, and the lowest levels of median income. Per the 2000 Census, tracts 1, 4, 5, 6, 10, 17, 19, 20, 21, 22, 23, 24, 27, 29, and 30. Maps and the selection process for selecting these tracts is on file in the City Clerk's Office. 15 (f) Affirmative Action Plan The company receiving a phase -in has or maintains or establishes an affirmative action plan or other similar plan with specific goals, objectives , and means (i.e., in -house training and recruitment) with respect to achieving racial, cultural and gender diversity among the workers employed. 2 years (g) Child Care Offer child -care reimbursement to all employees (Full and part-time) (1) 50% l year (2) 75% 2 years (h) Health Care (1) 50% of the cost of employee health care coverage paid by company: I year (2) 80% of the cost of employee health care coverage paid by company: 2 years (3) Limit full- employee out -of- pocket Maximum expense to $5,000 /year year: 1 year (4) Limit full- employee out -of- pocket Maximum expense to $3,000 /year year: 2 years (5) Offer dependent coverage to full -time employees and cover 25% of the cost: 1 year (6) Offer dependent coverage to full -time employees and cover 50% of the cost: 2 years {i) Retirement (1) Offer retirement plan to all full -time employees: I year In addition: (2) Match 50% to 75% of full -time employee's contribution: l year (3) Match 75% to 100% of full -time employee's contribution: 2 years (j) Charitable Contribute dollars to one or more local (St. Joseph County) 501(c)3 not - for -profit organizations. (Includes any St. Joseph County.K -12 school after school programs (non- varsity sports)) (1) Contribute $10,000 to $25,000: 1 year (2) Contribute in excess of $25,000: 2 years 16 (k) Environmental (1) Achieve 10% of electric usage via wind - powered generation on site: l year (2) Achieve 20% of roof area built as green roof: 1 year (3) Participate in a EPA or State certified local brown -field clean -up effort: 1 year (4) Achieve LEED "Silver" status: 2 years (1) Special Business Focus Technology -based businesses (new initiative by existing company or start-up): 5 years Operate a Green Businesses (80% of sales are "green" products or services): 2 years (1) Special Location Consideration The project is located and continues to operate within any specific geographic area targeted by the City for special property tax phase -in credit. These special geographic areas include: (i) Central Business District (CBD) (ii) East Bank Development Area (EBDA) (iii) South Side Development Area (SSDA) (iv) Urban Enterprise Zone (UEZ) Additional Credit Available: 2 years See. 2 -83 CG yu Rutse-� -n- Pereent of Taxes Due Schedule Property Tax Payments may be adjusted to reflect Tax Phase -In Credits earned during the term of the Phase -In in accordance with the following schedule. 17 0 a� C Percent of Taxes Due Raser� Unnn Tntal Phaca -1n Crprlitc FawnaA 10 100 100 100 100 100 100 100 95 9 100 100 100 100 100 100 9995 90 8 100 100 100 100 100 88 7889 80 7 100 100 100 100 86 75 4773 70 6 100 100 100 83 71 63 5662 60 5 100 100 80 67 57 50 4-450 50 4 100 75 60 50 43 38 3337 35 3 67 50 40 33 29 25 22 20 2 33 25 20 17 14 13 11 5 1 0 0 0 0 0 0 0 0 3 4 5 6 7 S 9 10 .Length of Earned Tax Phase -Ira Total Tax Phase -In Credits earned equal the total of the Base Phase -In Credits and Bonus Phase - In Credits earned by the applicant, in accordance with the following: Base Phase In Credits During the first threes years of a phase -in, the Base Impact Measures for Investment must reflect actual investments as constructed or installed. The Base Impact Measures for net new era to ent' and wages may reflect the estimates of these impacts. During year four _and thereafter of a phase -in, the Base Impact Measures for Investment must reflect actual investments as constructed or installed, and must reflect actual performance for the Base Impact Measures credits associated with the Base Impact Measures for net new em to ent' , and wages. Bonus Phase -In Credits must reflect actual performance achieved, in accordance with the following: During the first three years of a phase -in, Bonus credits must reflect actual performance achieved during the previous calendar year per Section 2 -81. During year four _and thereafter of a phase -in, Bonus credits must reflect actual performance achieved during the previous calendar year per Section 2 -82. In the event it is determined any estimates used for net new emplo meat or wages during the first three ears of the Ease Phase-In Credit Period have a variance of more than thin ercent 30% less than the actual erformance the Applica.nt will be required to � pay the taxes actually owed plus a penalty of ten percent 10% of actual taxes owed ("Delinquency"), i p n 4 eo+ DI-a 4fl Cr-edjil was psed, or will elaiffi l aye -In 6G y All ts of �et Off Cfedits, shall be within the next calendar year when the Delinquency was determined to exist .DIVISION 3. INFORMATION REQUIRED OF APPLICANTS SEEDING TAX PASE -IN CREDITS See. 2 -84.1 Designation application required. (a) Owners must file. Owners of real property or new manufacturing equipment located within the City may petition the Council on forms provided by the City Clerk for real or personal property tax phase -in consideration. All information and attachments required by the designation application must be completed and filed with the City Clerk together with a filing fee set forth below to cover the review, processing and administrative costs of the Community and Economic Development Department and City Clerk. However, the filing fee charged for filing a designation application for a parcel that contains one (1) or more owner - occupied, single - family dwellings may not exceed the cost of publishing the required notice. (b) Schedule of fees, The application/review and Clerk's Office fees set forth below must be paid by the applicant to the City Clerk simultaneous with the filing of application or petition for real or personal property tax phase -in consideration. (1) Real property: (i) Application/review: $350 (ii) Clerk's Office: $250 (2) Personal property: (i) Application/review: $350 (ii) Clerk's Office: $250 The application/review and City Clerk's components of each of the above fees are nonrefundable. (c) Fees collected under this section shall be deposited as follows: 19 (i) Office of the City Clerk, fee of two hundred fifty dollars ($250.00) to the General Fund; and (ii) All other fees to Fund 212 to be used by the Community and Economic Development Department. (d) Petition Information. Applicants are to utilize the forms developed and provided by Community and Economic Development Department. (e) Power of Attorney. If a person other than the person signing the application is to represent the applicant at any meeting of the Community and Economic Development Committee or other Council, a duly executed Power of Attorney authorizing such representation must be on file with the City Clerk. See. 2 -84.2 Statement of benefits, declaratory and confirmatory resolutions required. (a) In addition to the completed petition, filing fee, and related documents required by section 2 -83.1, the owners of real property or New Personal Property must file a completed statement of benefits form at the time of filing the petition. (b) Proposed forms of declaratory and confirmatory resolutions are also required of the owner at the time of filing the petition. (c) Petitioners must agree to work with the Community and Economic Development Department in providing it with any additional information required for their review. Petitioners must further agree that they will comply with the requirements of the Redevelopment Design Review Committee where applicable, and provide information to WDS, and the Council's Community and Economic Development Committee. (d) The provisions of IC 6 -1.1- 12.1 -3 shall be followed by the designating body when reviewing such documents required by this section. See. 2 -84.3 Petitioner's Claims for Phase -)In Credits. (a) The granting of a credit for real and /or personal property tax abatement shall be governed under the terms and conditions of this Article including the current Schedules found in Division 2 above. (b) In the Statement of Benefits and the Compliance with Statement of Benefits Real Estate Improvements (Form SB -I /Real Property and Form CF -1 /Real Property), and in the compliance with Statement of Benefits Personal Property (Form CF- 1 /PP), Petitioner shall execute a statement under the pains and penalties for perjury that the items disclosed in the 9 #11 forms are true and correct, and the Petitioner is only claiming the Phase -In Benefits permitted under this Article and the Schedules attached thereto. (c) Accordingly, if the Petitioner fails to accurately describe the Phase -Ins to which the Petitioner is entitled, and the activity which justifies the Phase - In Credits, the person executing the forms shall be subject to the penalties for perjury under the laws of the State of Indiana. (d) The Community and Economic Development Department shall utilize information required to be filed by the Petitioner in the SB -1, CF -1, and CF- l /PP forms in its annual review and in reporting to the Council. To the extent necessary the Community and Economic Development may request additional information from the applicant to supplement the information contained in the forms. Sec. 2 -84.4 Annual summary to be prepared by Community and Economic Development Department. ((aa�_..,,_On or before March 31 of each year, the Community and Economic Development Department shall file an annual report with the City Clerk and Council summarizing all tax phase -in activity for the past calendar year. The report shall .include, but not be limited to, a copy of the County Auditor's information published by the County Auditor as required by IC 6- 1.1- 12.1 -8. .(b)'he Areal Report of the Community and Economic Development shall include any evidence found indicating any Phase -In Credits taken by the Applicant but not earned and any ste ps taken to notify the Count Auditor of this evidence. See.. 2 -84.5 Review of tax phase -in procedures by Council. (a) In calendar years ending with an even number, the Council shall review its tax phase -in procedures set forth in this article. (b) The review shall be conducted by the Council's Community and Economic Development Committee with a report of its findings being presented to the full Council on or before October 1 of such years. (c) Nothing in this section prohibits a more frequent review of such procedures. Section 11. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. [SIGNATURES CONTAINED ON FOLLOWING PAGE] 21 Member, South Bend 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 o'clock .m. proj ectPutTaxAbatel....... RAN4 � sfi RF.,,�'•��' PUCE lC }�E�R1Y�lG 3,a PEADNG SOT APPRQVW REFERRED PASSED 22 Mayor, City of South Bend, Indiana 2010, at In CIZUk' 04- CO OCT - 8 2 "'0 JOHN I Fjq!!E CITY flUfZK, Sou. 8f,w 1N. —e &I, ii Po - �o -s 1,-,- 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 (17904 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 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 from the property located at: the Southeast comer 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 O/B — 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 III. The Common Council of the City of South Bend, Indiana, hereby finds that: Y oderSpecia lUseResolutionCity.doc 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 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. PlIESENTED Q d pp{O!B YoderSpecia lUseResolutionCity.doe Member of the Common Council Filed In Clerk's Office SEP 1 3 2010 J4qN VOORrg GtTY CLUK, M gtwi D, iJ N. , LANG, FEENEY and ASSOCIATES, INC. LAND SURVEYING — CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET o SOUTH BEND, INDIANA 46601 TELEPHONE 574/233 -1841 • FACSIMILE 574/674 -0374 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. INDOT PREQUALIFIED. TERANCE D. LANG, L.S. SUB -DIVISIONS 5.4 ECOLOGICAL SURVEYS BOUNDARY SURVEYS 5.5 WETLAND MITIGATION 6.1 TOPOGRAPHIC SURVEY DATA COLLECTION Area Board of Zoning Appeals 125 South Lafayette Blvd. Suite 100 South Bend, Indiana 46601 Re: Variance Petition - To the Honorable Board, E. Leroy & Patricia Yoder 29712 Peavine Street Dowagiac, Michigan 49047 (574) 274 -1000 CONSTRUCTION SURVEYS PUBLIC WORKS PREQUALIFIED 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 19.2' 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 Y .doe V) �z y O Vl 3 W O 0 Z Q IPM r'7 O z x s on d Z_ nup °�N Z a ISp4 V r D ZN W ti m Z a�g5 way o p E3 SEB °w °Ww aK KK K �y>Y W� N m m p w z dux z x Q�z V, Z m .[ewQ Doted Q rIl CD ¢ N ZE w � h Q2 � W O O M w w j Z Q li Q C7 iK W Q w w � � LW Z W Q W W 3Z Q tl m d' hrl N N � l L; c ui C3 r 00 q V � b Ln C C m m y G In m y O 3 Z OI � C N JL O m L J n 1 a J o rn i rn x 7 nim 9 a �z y O Vl 3 IPM z x s on c� nup °�N a ISp4 m m i C"i C m oO ,qqK� N o-d ig p E3 SEB °w °Ww aK KK K �y>Y �. W W o°d zx z �x zz r w z dux z x Q�z w <� b s m 2 p a Z W N N �w NnY Fr�O N G H SnaxxrvrFW -^ #U�nMwLLW�� G ° x a °7 z M�wrw °zaJ_z �ny4�t��3Ha¢p d[ZZfY yW9�yaaaN W�µ�m .Z�x U`r.,�OU� ✓U� IR IKw�T� 1' a n M Per.- '-u�ir r No i3 °ri�4o'a"i��o n��m�zY�z�aW 002 -2077 -3534 & 3532 002 - 2077 -35244 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 Jill 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 46635 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 002 -2077 -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 -3443D 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 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, 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 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 sea., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et 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: L the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. 2 SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article b, 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. l,410 ADOPTED 3 \0", V)- � 071�-- Member of the Common Council ' — ter,— �.. ^"111 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 $31,750,000 TO DILLINGHAM HILL RE, LLC FOR THE CHASE TOWED 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 401910 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 of job 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 $31,750,000 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 County 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 Member of the Common Col cil (SEAL) 3a4 }.`_ . '. , „4 °.:._ e Attest. City Clerk DC PTE HIM In Ciark's OffIC® G �'' (0 10 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 7233 U.S. 31 SOUTH, SOUTH BEND, INDIANA COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The zoning currently is "CB" Community Business and will be changed to "SF1" Single Family and Two Family District to put it back to its original state of "SF1 ". 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 1 Zeigers US 31 S Minor Sub be and the same is hereby established as "SF1" Single Family and Two Family 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 Date 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: 7233 U.S. 31 South, South Bend, Indiana 2) Name and address of property owner(s) of the petition site: Promised Land, LLC 6818 Meadowerest Drive Downers Grove, IL 60516 630- 981 -7245 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from "CB" Community Business District to "SF1" Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): So a homeowner can occupy the property as a personal residence 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location snap, if available, drawn to scale, which includes street names, printed in 8 '/2" x 11" format. Signature of p operty owner ,. . Timothy R. Johnson Bradley Management, LLC 215 E. Ireland Road, Suite D South Bend, IN 46614 574 -968 -3506 Email: timnrul @yahoo.com CONTACT PERSON: (If different) ., ,... r r • ^. sets County Parcels Re PARCEEID NAME MAft.fNGAD MA MAILIN PR PROP R.9 D MAILINGCIT ILI OZIP PROP -CITY lop ZIP SOUTH SIDE 023 -1002- CHURCH OF 7351 Us 31 i 003704 GOD INC S South Band IN 46614 South Bend IN 46614 ROBERTPR OBLEM DEED 04 -06 7233 J31 2 1000233-1002- 702 10 S uth Bend JIN 46614 South Bend JIN 466114 KELLEY ROBERT R 001 -1002- & DEBORAH 3 004401 JID 1161720 th Bend IN 46614 South Bend IN 46614 LD__�_JS LLEY BERT R 001 -1002- EBOH 61720 Us 31 003601 South Bend IN I 46614 South Bend JIN 1 4661 SIDE 001 -1002- CHURCH OF is 7351 Us 31 51 003701 GOD INC South Bend IIN I 46614 South Bend IN 46614 ZEIGER DUANE 0 & ZEIGER DANIEL 0 TRUSTEE OF THE VIRGINIA M ZEIGER CREDIT 023 -1002- TRUST UND 3658 King 6.002202 112 INT Rd Bremen fN 46506 ZEIGER LARRY A & 001 -1002- SANDRA 61550 Us 31 7 0036 ILEA is South Bend IIN I 46614 South Bend IN 1 46614 l c/ , 711 October 22, 2010 Derek Dieter President, South Bend Common Council 455 County -City Building South Bend, IN 46601 Re: Morris Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $2,900 within the Morris Performing Arts Center and Palais Royale Marketing Fund (Fund 273), Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has solicited and acquired funds (as we have numerous times in the past) for sponsorship of ticket stock and hereby requests funds to be released to purchase said ticket stock. The amount of $2,900 is hereby requested for appropriation. The purpose for which the Morris Performing Arts Center desires appropriations consists of the following: $2,900 Purchase of Morris Performing Arts Center Ticket Stock The Morris Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, Dennis J. Andres Executive Director DJA/kmk Attachment Morris Performing Arts Center o 211 N. Michigan Street • South Bend, IN 46601 Office: (574) 235 -9198 o Fax: (574) 235 -5604 • http: /Iwww.MorrisCenter.org ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $2,900 FROM THE MORRIS PERFORMING ARTS CENTER AND PALMS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK STATEMENT OF PURPOSE AND INTENT The Morris Perf0mling Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768 -07, the Morris Center has solicited and acquired funds for sponsorship of the Morris Performing Arts Center ticket stock and hereby requests those funds to be released to purchase said ticket stock. The amount of $2,900 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Morris Performing Arts Center and Palais Royale Marketing Fund for the purchase of Morris Performing Arts Center Ticket Stock. Account Number Desk Amaunt 273 Morris Performing Arts Center $2,900 and PaWs Royale Marketing Fund 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. Attest: City Clerk Member, Southeno gCoalmo F as cou a ca & Presented by me to the Mayor of the City of South Bend, Indiana on the ____ day of , 2.010, at o'clock m. City Clerk Approved and signed by me on the day of 2009, at o'clock m, Mayor, City of South Bend, Indiana i w 1 - ;7 [ !U T APP-ROVED ERRED d�tiF�'�tiG'r t ;Sri .r ";;. 50. 8EMD, IN, s ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 101 NORTH KENMORE STREET, COUNCILMANIC DISTRICT 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT THE CURRENT ZONING CLASSIFICATION IS SF -2, AND IS CHANGED BY THIS ORDINANCE TO PLANNED UNIT DEVELOPMENT (PUD). THE PURPOSE OF THE NEW ZONING TO PUD IS TO ALLOW MULTI- FAMILY HOUSING IN MULTIPLE ONE -STORY BUILDINGS, WITH REAR YARD SETBACKS RELAXED FROM THE REQUIREMENTS OF MF-1 ZONING BECAUSE OF THE DENSITY OF THE PROJECT, AND TO ALLOW A REDUCTION IN THE PARKING (FROM 2 PER UNIT TO 0.75 PER UNIT) 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: LOTS NUMBERED ONE THOUSAND SIXTY -FIVE (1065), AND ONE THOUSAND SIXTY-FOUR (1064) AS SHOWN ON THE RECORDED PLAT OF LASALLE PARK, AN ADDITION TO THE CITY OF SOUTH BEND, RECORDED IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, TOGETHER WITH THE VACATED ALLEY LYING BETWEEN SAID LOTS NUMBERED 1064 AND 1065, AND THAT PORTION OF VACATED COLFAX STREET LYING NORTH AND ADJACENT TO LOT 1064 be and the same is hereby established as PLANNED UNIT DEVELOPMENT (PUD) SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Attest: City Clerk R � e IV A Member of the Common Counci ° .PV• A° ; i i 9 s Date 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: 101 North Kenmore Street, South Bend, IN 46619 2) Name and address of property owner(s) of the petition site: Greater South Bend Housing, Inc_ ., 102 South Falcon Street, South Bend, IN 46619 (574) 233 -5119 3) Name and address of contingent purcliaser(s), if applicable: NIA 4) It is desired and requested that this property be rezoned from SF -2 to PUD 5) This rezoning is requested to allow the following use(s): Up to 26 one -story garden apartments for senior citizens, an accessory building housing a community roorn, tenant laundry roorn and office, and a yard equipment storage shed. A grant is being requested of HUD for development of this- project on this site, so the exact number of units may be less than 26 apartment units: 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 narnes, printed in 8' /s" x 11" format. ;JAL".- b he(�r TOA?s Signature of Property Owner(s) "6v& S'oe�H A&,7Nav�r�r PETITION PREPARED BY: Gregory A. Kit, NCARB, AIA Kil Architecture /Planning 1 126 Lincolnway East South Bend, IN 46601 gkil@kilarciiiter,ture.com kilarchitecture.com CONTACT PERSON: Same 00= hE�' NOV y N. Rezoning for Kenmore Garden Homes List of Adjacent Property Owners Bee PARCEL ID NAME _1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING 71P PROPERTY ADDRESS PROPERTY CITY PROPERTY STATE PROPERTY ZIP 1 018- 4066 - 244001 KING LANDERS 13S Wellington South Bend IN 46619 147 WELLINGTON South Bend IN 45619 2 018 -4116 -4403 WILLIS DONALD E 3751 Alkire Rd Grove City OH 43123 122 WELLINGTON Si South Bend IN 46619 3 018- 4066 -2451 tASALLE PARK HOMES II INC 102 S Falcon St South Bend IN 46619 3505 WASHINGTON South Bend IN 46519 4 018 - 4066 - 245003 DAVIS OTIS V & TYRONE & MANSON TIC 2921 W Sampte South Bend IN 46619 1122 KENMORE South Bend IN 46619 5 018 -4066 -2449 HUMANE SOCIETY OF POMONA VALLEY, INC DBA INLAND VALLEY HUMANE SOCIETY & SPCA 500 Humane Way Pomona CA 91766 101 KENMORE (LOT 1065) South Bend IN 46619 6 018- 4115 -4305 FORD- ROBINSON ROSALYN L 213 N Wellington St South Send IN 46619 213 WELLINGTON South Bend IN 46619 7 0184115 -4322 THOMAS WILLIAM 214 Wellington South Bend IN 46619 214 WELLINGTON ST South Bend IN 46619 8 018 -4115 -4339 MiNCEY JAMES SR & DOCKERY GLORIA D 2621 Hartzer South Bend IN 46628 213 KENMORE South Bend IN 46619 9 018 -4139 -5487 LASALLE PARK HOMES INC 102 S Falcon St South Bend IN 45601 18 8.959 AC FALCON South Bend IN 46601 10 01BA116 -4408 WOHLGEMUT I THOMAS 5375 Pennsylvania Merrillville IN 46410 142 WELLINGTON South Bend IN 46619 11 018- 411BA414 BROWN ROSE M. 442 S Jackson Street South Bend IN 46619 142 KENMORE South Bend IN 46619 12 018 -4066 -2440 KING LANDERS 139 Wellington South Bend IN 46619 129 WELLINGTON South Bend IN 46619 13 018 4116 -4398 MAXWELL CHARLES EDWARD & FLORIOA Bel 7 W Washington South Bend IN 46619 3617 WASHINGTON South Bend TN 46619 18 .018 -4115 -4324 N. 206 N Illinois South Bend I IN 46619 222 N WELLINGTON STREET South Bend IN 46519 46619 14 018A116 -4392 LOVE ROBERT LEE SR. 3703 W. Washington South Bend IN 46619 3703 WASHINGTON South Bend IN 46619 15 018 - 4116-4404 LANCASTER RAY A 126 N Wei€ rigton $I South Bend IN 46619 126 WELLINGTON ST South Bend IN 46619 16 01BA1164410 NEWMAN CHRISTINA 1826 N Elmer St South Bend IN 46628 126 KENMORE South Bend IN 46619 17 018AI15.4341 ROBISON JAMES E & MARIE 221 N Kenmore St South Bend IN 46619 221 KENMORE South Bend IN 46619 18 .018 -4115 -4324 1 CANNADY AROUILLA M & JOHN E 206 N Illinois South Bend I IN 46619 222 N WELLINGTON STREET South Bend IN 46519 19 1018-4116 -4416 20 018 - 4116 -4411 GTSC LLC PO Box 5464 Fort Wayne IN I 46805 130 KENMORE South Bend IN 46619 21 01B- 41154319 PHILLIPS CHERYL MARIE 202 N Wellington St South Send IN 46619 202 WELLINGTON South Bend IN 46619 22 G18 -4115-4302 SMART GUYS LLC 2512 LINCOLNWAY Mishawaka IN 46544 201 WELLINGTON South Bend IN 46619 WEST STE 1 23 018- 4115-4336 GARCIA JOSE LUIS DE LARA 51405 Outer Dr South Send IN 46628 1201 KENMORE South Bend IN 46619 Page Z of 3 Rezoning for Kenmore Garden Homes List of Adjacent Property Owners Rec PARCEL ID NANfE_1 MAILING ADDRESS MAILING MAILING CITY STATE MAILING ZIP PROPERTY PROPERTY PROPERTY PROPERTY ADDRESS CITY STATE ZIP 24 018 -4066- 243804 BRUNNER HENRY 185 Walton South Bend IN 46619 202 N KENMORE ST South Bend IN 46619 25 01841167399 ASHFORD W.C. AND TOMMIE 106 N Wellington South Bend IN 46619 106 WELLINGTON South Bend IN 46619 26 0184116-4393 ALVAREZ DEBBIE M 105 Wellington South Bend IN 46619 105 WELLINGTON South Bend IN 46619 27 018 -0116 -4405 TABS SIMON S AND ESTELLA, 1909 Renfrew Dr South Bend IN 46614 130 WELLINGTON South Bend IN 46619 28 018 - 4066 - 245002 SPIRITUAL ISRAEL CHURCH & ITS ARMY 3517 W Washington St South Bend IN 46619 3517 WASHINGTON South Bend tN 46619 29 0184066 -2450 D CVIS OTIS V & TYRONE & DAVIS MANSON 2821 W Sample South Bend IN 46619 18 200 BLOCK KENMORE South Bend IN 46619 30 0184116-4394 ARK INVESTMENTS LLC 3484 Fox Chase Or Bristol IN 46507 109 WELLINGTON South Bend IN 46619 31 01871164400 NEAL LINCOLN AND CATHERINE 110 N Wellington St South Bend IN 45619 110 WELLINGTON South Bend IN 46619 32 01 8- 4066 - 245001 JAMES ROBERTA 8 116 Kenmore South Bend IN 46619 116 KENMORE South Bend IN 46619 33 018-4116 -4401 SELECT PROPERTY MANAGEMENT LLC 114 N Wellington Si South Bond IN 46619 114 WELLINGTON South Bend IN 46619 34 018- 4116-4395 CLAY LEONARD JR P 0 Box 3042 South Bend IN 46619 113 WELLINGTON South Bend IN 46619 35 015- 41164396 CLAY GENEVA L 117 Wellington South Bend IN 46619 117 WELLINGTON South Bend IN 46619 36 01671167402 KUSBACH PAUL C 54497 Longwood Or South Bend IN 46619 118 WELLINGTON ST South Bend IN 46619 37 018 -4116 -4397 REYNOSO ESTEBAN & ATANACIO JTIC 26370 Peddters Cove South Bend IN 46619 121 WELLINGTON South Bend IN 46619 36 018-4116-4417 GREATER SOUTH BEND HOUSING 102 S Falcon South Bend IN 46619 18 VAC LOT FALCON # OT B South Bend IN 46619 39 018 -4066- 244003 KING JOHN E 139 N Wellington St South Bend IN 46619 139 WELLINGTON South Send IN 46619 40 418AD66- 243603 DUKES JOHN AND HELEN 206 N Kenmore South Bend IN 46619 206 KENMORE ST South Send IN 46619 41 018-4116 -4407 BUSH HENRY L & BEVERLY A 1216 N_ Twyckenham Drive South Bend IN 46617 138 WELLINGTON South Bend IN 46619 42 018 - 4116 -4413 VANLIER ELVERNA UND 112 INT & GREEN BILLIE UND v2 IN PO Box 1126 South Bend IN 46624 138 KENMORE South Bend IN 46619 43 01871164406 WOELFER TODD 134 N WELLINGTON South Bend IN 46619 134 WELLINGTON ST South Bend IN 46619 44 0184118 -0412 TAYLOR CLARENCE 130 5 Chicago St South Bend IN 46619 134 KENMORE South Bend IN 46619 45 016 - 4066243802 WHITE CHARLES & MARCIA 2043 S, Holt Av Los Angeles CA 90034 214 KENMORE ST South Bend TN 46619 46 0187116-4409 PHILLIPS CHERYL M 202 N Wellington South Bend IN 46619 V1 AW 146 WELLINGTON South Bend IN 46619 Page 2 of 3 Rezoning for Kenmore Garden Homes Page 3 of 3 List of Adjacent Property Owners Roo PARCEL ID NAME_1 MAILING ADDRESS MAILING CITY MAILING STATE MAILING ZIP PROPERTY ADDRESS PROPERTY CITY PROPERTY STATE PROPERTY ZIP 47 018 -4065 -2444 HUMANE SOCIETY OF POMONA VALLEY, INC DSA INLAND VALLEY HUMANE SOCIETY & SPCA 500 Humane Way Pomona CA 91766 101 KENMORE South Bend M 46619 48 018 -4115 -0303 KING JOHN 139 N We €Iington South Send IN 46619 205 WELLING'T'ON South Bend IN 46619 49 01B -4115 -4320 IVORY ALICE 0 206 N Wellington St South Bend IN 46619 206 WELLINGTON ST South Bend IN 46619 50 018-1115.4337 COLE JAMES RAND EDNA M 728 Fredrick Akron OH 44320 205 KENMORE South Bend IN 46619 51 018 -4115 -4304 FORD ROBINSON ROSALYN L 213 N Wellington South Bend IN .46619 209 WELLINGTON South Bend IN 46619 52 018- 4115 -4321 SCHROCK RANDY D 602 Walnut St Three Rivers MI 49093 210 WELLINGTON ST South Bend IN 46619 53 1018A115-4338 JOHNSON IDA MAE 209 Kenmore South Bend W 46619 209 KENMORE South Bend IN 46619 54 018 -4055- 243801 FOWLER DELORES & EDMS BUTLER AND 1908 N Elva Ave Compton JESSE WALKER JR. LIFE ESTATE CA 90222 210 N KENMORE ST South Bend IN 46619 55 018- 4115 -4306 STOVALL HENRY T, ANDANN 217 No.wellington South Bend IN 46519 1217 WELLINGTON South Bend iN 46619 56 018-4115 -4323 AUSTIN WILLIAM 6. P 0 Box 1941 South Bend IN 46634 218 WELLINGTON STREET South Bend IN 57 1018-4116-4340 MINCEY JAMES SR 2621 Hartzer St South Bend IN 46628 217 KENMORE South Bend 58 018-4115-4353 JAMERSON SAMUEL AND ELLA M 222 Kenmore St South Send IN 46619 222 KENMORE ST South Bend 59 018 - 41154325 HOPKINS DEREK 226 Wellington $t South Bend IN 46619 226 WELLINGTON ST South Bend IN 46619 60 1018-4115-4342 PERGUES FRANKIE M 225 N Kenmore South Bend IN 46619 225 KENMORE South Bend IN 46619 62 0184115 -4354 63 018- 4115 -4365 LASALLE PARK HOMES INC 102 S Falcon $t South Bend IN 46619 16 900 BLK FALCON South Bend IN 46619 64 018 -4066 -2438 BROWN KATHY L 8 LEONARD 216 N Kenmore South Band IN 46619 218 KENMORE South Bend IN 16619 Page 3 of 3 COUNTY -CITY BUILDING j,I5T_0q 7 - F PHONE 574 - 235 -9216 227 W. JEFFERSON BOULEVARD ®�i T K - FAX 574 -235 -9928 SOUTH BEND, IN 46609 CE !V d 1 r , CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER November 3, 2010 Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 re: Ordinance of the Common Council Creating Two (2) New Funds in Conjunction with the Coveleski Stadium Project and the Redevelopment Commission Recovery Zone Bond Issue Dear Council President Dieter: The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations, Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate fund to be used to pay bond issuance costs, debt service reserves and project expenditures. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund (#438), which shall be a non - reverting fund. The funding for this construction fund will be from the bond proceeds in the amount of $4.98 million dollars. The new Fund 438 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the bond debt service reserve requirements, the City must have an estimated sum of Four hundred Eighty Thousand ($480,000) set aside in a separate fund at the time of closing. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317), which shall be a non - reverting fund. The funding for the debt service reserve amount will be from the bond proceeds of $4.98 million dollars. The new Fund 317 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. Controller Gregg Zientara will present this bill to the Common Council at the Council assigned committee meeting and at- the public hearing. City Administration requests Common Council for a favorable consideration and passage of this bill. itted, Gregg cc: Stephen J. Luecke, Mayor of the City of South Bend, }} r; _.L.f_ 6' it �E49 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND DEBT SERVICE RESERVE FUND ( #317) STATEMENT OF PURPOSE AND INTENT The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the bond debt service reserve requirements, the City must have an estimated surn of Four hundred Eighty Thousand ($480,000) set aside in a separate fund at the time of closing. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317), which shall be a non - reverting fund. The funding for the debt service reserve amount will be from the bond proceeds of $4.98 million dollars. The new Fund 317 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I , A Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317) is created as the repository for the City's debt service reserve obligation. This Fund shall be non - reverting and shall be funded and operated in accordance with all legal and specific bond ordinance requirements. SECTION 11. This ordinance shall be in full force and effect from and after its passage by the Corn. mon Council and approval by the Mayor. Attest: City Clerk 010,J&_ Member, South Bend Common Vouncil ,, ( 4 '� 2f yd'}'3�§ tw- r:J•::�s •.:F•e x:� °� -'. -�d V�''w'F,% Pre�.,ented by me to the Mayor of the City of South Bend, Indiana on the day of . 2 , at o' clock .m. Approved and signed by me on the at --o'clock, _.m. .j WN APPi�OV4D, PASSED City Clerk day of 2 Mayor, City of South Bend, Indiana a 4j, 110 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, IN 46601 November 3, 2010 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR OFFICE OF ADMINISTRATION & FINANCE GREGG D. ZIENTARA, CITY CONTROLLER Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4th Floor County -City Building South Bend, IN 46601 PHONE 574 - 235 -9216 FAx 574 -235 -9928 re: Ordinance of the Common Council Creating Two (2) New Funds in Conjunction with the Coveleski Stadium Project and the Redevelopment Commission Recovery Zone Bond Issue Dear Council President Dieter: The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate fund to be used to pay bond issuance costs, debt service reserves and project expenditures. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund (4438), which shall be a non - reverting fund. The funding for this construction fund will be from the bond proceeds in the amount of $4.98 million dollars. The new Fund 438 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. These bond obligations require protection of bondholders through debt service reserves which the City previously handled through policies of insurance that are no longer of the credit quality required of such policies. To meet the bond debt service reserve requirements, the City must have an estimated sum of Four hundred Eighty Thousand ($480,000) set aside in a separate fund at the time of closing. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Debt Service Reserve Fund ( #317), which shall be a non- reverting fund. The funding for the debt service reserve amount will be from the bond proceeds of $4.98 million dollars. The new Fund 317 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. Controller Gregg Zientara will present this bill to the Common Council at the Council assigned committee meeting and at the public hearing. City Administration requests Common Council for a favorable considerfion and passage of this bill. bmitted, Gregg D: r�jata cc: Step en J. Luecke, Mayor of the City of South Bend, F77'r-1 In ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO CREATE A COVELESKI STADIUM RECOVERY ZONE ECONOMIC DEVELOPMENT BOND CONSTRUCTION FUND ( #438) STATEMENT OF PURPOSE AND INTENT The City of South Bend Redevelopment Commission is financing certain capital improvement projects at Stanley Coveleski Regional Stadium out of bond obligations. Bond covenants and proper accounting principles require that these bond proceeds be deposited into a separate fund to be used to pay bond issuance costs, debt service reserves and project expenditures. To accomplish this, it is in the best interest of the City to establish a new Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund ( #438), which shall be a non - reverting fund. The funding for this construction fund will be from the bond proceeds in the amount of $4.98 million dollars. The new Fund 438 will earn interest on cash balances and will be subject to appropriation by the City of South Bend Redevelopment Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I . A Coveleski Stadium Recovery Zone Economic Development Bond Construction Fund ( #438) is created as the repository for the City's bond proceeds and will be used to pay bond issuance costs, debt service reserves and project expenditures. This Fund shall be non - reverting and shall be funded and operated in accordance with all legal and specific bond ordinance requirements. 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, South Bend Common Co cil OtA, c. a 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, .rn. Mayor, City of South Bend, Indiana 3 rd �s JM Lm FIASSc!) CITY of SouTH BEND STEPHEN J. LuECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREGG D. ZIENTARA CooT.T RR November 3, 2010 Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating Certain Monies for Capital Improvements to the Stanley Coveleski Regional Baseball Stadium in 2011 Dear President Dieter: The referenced subject matter bill is being submitted to the Common Council in tandem with an ordinance approving issuance of Recovery Zone Economic Development Bonds and the appropriation of bond proceeds. The total combined monies from the bond proceeds and from other funds will be expended for improvement and renovation to the Stanley Coveleski Regional Stadium. These renovations will enable broader, year -round use of the ballpark, expanding its economic impact and creating potential development sites for housing and commercial /retail users. It is the belief of City Administration that a renovated stadium and environs is in the best interest of the central downtown district and the South Bend Community, This spending appropriation bill requests $2,686,000 from County Option Income Tax (COIT) Fund #404 and $520,000 from Economic Development Income Tax (EDIT) Fund #408, both for spending in fiscal 2011. Monies are available within the COIT and EDIT funds, from excess cash balances and unspent COIT and EDIT revenues from prior periods. This bill is submitted to Common Council for first reading at the November 8, 2010 Council meeting, with second reading and public hearing requested for the November 22, 2010 Council meeting. City Administration requests that the bill be continued from the November 22, 2010 Council meeting to the first Common Council meeting in January, 2011 for third reading and Council vote. This delay is being requested to ensure compliance with the State of Indiana DLGF that post 2011 budget approvals not occur before the beginning of the fiscal 2011 year. The total project costs defined are $10,175,445, identified in Exhibit "1" attached, and will be funded from the following sources: COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1 830 PHONE 5741235 -9216 FAx 5741235 -9928 TDD 5741235 -5567 ►`•; President Dieter Page 2 November 3, 2010 Redevelopment Commission Board SBCDA TIF & SBCDA 2003 Bond COIT Fund EDIT Fund Total Funding $ 4,980,000 Bond issue $ 1,989,445 Cash on hand $ 2,686,000 Cash on hand $ 520,000 Cash on hand $10,175,445 The Redevelopment Commission Bond to be issued will utilize Federal Recovery Zone Development Bond dollars available to the City of South Bend. The total recovery bond capacity available to the City is $4,983,000. The bond issue is slightly below the available amount due to bond market requirement of issuance in minimum increments of $5,000. Built for $11 million in 1987, the 5,000 -seat Stanley Coveleski Regional Stadium is worth an estimated $35 million to $40 million today. The stadium is owned by the City of South Bend and managed by the Parks and Recreation Department, which authorizes use of the facility to the South Bend Silver Hawks, a Class A minor league baseball franchise. Approaching its 25�h anniversary, Coveleski Stadium requires reinvestment to continue to meet standards for minor- league baseball play. The stadium has not attained minimum lighting standards for the past few years, the playing field needs replacement to address drainage issues, the stadium is out of compliance with the state required number of restrooms, and providing an indoor hitting and pitching facility will bring the stadium on par with other Midwest League facilities. Mayor Stephen J. Luecke will present this bill to the Common Council at the Council assigned committee meeting and at the public hearing. Cite Administration requests Common Council a favorable consideration and passage of this spending ordinance bill. RespectfiMy submitted, Gregg D. i ntara Controller cc: Stephen J. Luecke s Jeff Gibney t Don Inks b._. • ...... .. ... .. _ ,.. x Attachments: Exhibit "I ° — Project source and use of funds financial staterizent --,-. Exhibit "2" — Facts about Stanley Coveleski Regional Stadium AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROPRIATING $2,686,000 FROM COUNTY OPTION INCOME TAX (COIT) FUND #404 AND $520,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL IMPROVEMENTS TO THE STANLEY COVELESKI REGIONAL BASEBALL STADIUM IN 2011 STATEMENT OF PURPOSE AND INTENT Built for $11 million in 1987, the 5,000 -seat Stanley Coveleski Regional Stadium is worth an estimated $35 million to $40 million today. The stadium is owned by the City of South Bend and managed by the Parks and Recreation Department, which authorizes use of the facility to the South Bend Silver Hawks, a Class A minor league baseball franchise. Approaching its 25`h anniversary, Coveleski Stadium requires reinvestment to continue to meet ,standards for minor- league play. The stadium has not attained minimum lighting standards for the past few years. The grass field needs replacement to address drainage issues. The stadium is out of compliance with the state required number of restrooms. Providing an indoor hitting and pitching facility will bring Coveleski Stadium up to par with other Midwest League facilities. This ordinance is submitted in tandem with a bond issuance and appropriation ordinance, the total combined funds from which will be used for much needed improvement and renovation to the Stanley Coveleski Regional Stadium. These renovations will enable broader, year -round use of the ballpark, expanding its economic impact and creating potential development sites for housing and commercial /retail users. A renovated stadium and environs is in the best interest of the entire South Bend Community. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of Two Million Six Hundred Eighty -Six Thousand Dollars ($2,686,000) be and hereby is appropriated from County Option Income Tax (COIT) Fund ( #404) for capital improvements to the Stanley Coveleski Regional Baseball Stadium in 2011. SECTION II. The sum of Five Hundred Twenty Thousand Dollars ($520,000) be and hereby is appropriated from Economic Development Income Tax (EDIT) Fund ( #408) for capital improvemesits to the Stanley Coveleski Regional Baseball Stadium in 2011. 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 be nin of i,;:i.3 rn`srq ��.. -�1 .Yf:�!il,J i oppumq -i' ,: _:, }, ; li'aubg and an ` Attest: City Clerk. Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2—, at o'clock — m. City Clerk Approved and signed by me on the —day of 2_, at o'clock -M. Mayor, City of South Bend 000na000a0000n000na00000 a 000na000a000000000aoog000a�� `� o0CoCtCt a000000aon000 oir"oui�ri oo0U",LO o!RUSo L ocvcv Socnc.jnr eno U.)N ioVW Lo�rn00 �NC�aod �r ec7N[VOO �n ti r in (D v M a r �- ca *- LO cY) x T '� 1 N O U. N .' F .., C O N N Cd til T N E C N t� vy N (D C N +' c; N N O U cn CJ O Qs �© co Co c m O Nix! Qj N- y 00 r O O O W C� O i CL Q -a U m C m otf N C Q 9 Q m W �+ O C d O fll Q E O Q1 C 1 r- cd C Dl (n C E C N C p U O CD r U U m U 05 a N G? �+ .Q r- W z 5+ 0 Lx CO ' O CD iii CO u N 0) O V CO O Q -0 U? [U a .V N U a) Lo ° a(j N Ct1 O 07 � {n C � O J o � O (D N N rn .- v v N C LL U) r O r U) p ar OC N E C 'a E 'R3 N U a O = Y 'G E cn =� 6 N E 6 0 0 C U N c( (� c c 0� G t .a utS c VOi O U ° � O C N 7 J 0 Q E m LL fl.. � E O (D s 06 N d+ U O�C C O U) Ui CA — v c� a17, tC O €i C o° 2' ' O ld N N m 4Ltl U S t4 C it m J_ C1 • q� a C �p C 0 o m 'a 'co) c , ° M E ° «, as O O F- 6 vi `� cu p o ° m Q c 0 O C U O c`5s U w LL' vi m '� rn U) ° o N U3 O d U (L N O -0— + 7 YS +) O N �" C .CT E Qu7 d � .O C p O LL r O N P 7 cn U 03 'S 7 a) O O w .% q V°C� O LL m CD p .� 0 C) a- Z �e (n 0 IL m t� m p 0 0 L) U J m U) Lu1— (n 0. a- F- F- m O CL N O D a E Z E O a) (D v °C- v o � > o a o °o_ °o_ °o °a°o ° U U a am cD o u) o o u) cn 00 00 co N OD r TC � O ¢i Q7 (D r OD r0 Y CV C5 0 r r 01 O U C O co L"7 O O , co (D CD ( (A P." : ... .. N rM 0nyy�� .co CD CD LL C C C) N fn p F- O O 3 O N U- 0 N D-< n ccrr+' Ca CZ �. 0L-F- :a H �'o 0 rri m co 0 Lu N 0 a- F- _.. 0 )�_«, Exhibit II FACTS ABOUT STANLEY COVELESKI REGIONAL STADIUM Built for $11 million in 1987, the 5,000 -seat Stanley Coveleski Regional Stadium is worth an estimated $35 million to $40 million today. The stadium is owned by the City of South Bend and managed by the Parks and Recreation Department, which leases the facility to the South Bend Silver Hawks, a Class A minor league baseball franchise. When it first opened for baseball in 1988 to host the South Bend White Sox, Coveleski Stadium quickly gained a reputation as "the grandfather of the modern ballpark," according to BallParkReviews.com. Its design template inspired other ballparks like Baltimore's Oriole Park at Camden Yards and Cleveland's Jacobs Field, which were built in the heart of downtowns and urban neighborhoods. Approaching its 251h anniversary, Coveleski Stadium requires reinvestment to continue to meet standards for minor - league play. The stadium has not attained minimum lighting standards for the past few years. The grass field needs replacement to address drainage issues. The stadium is out of compliance with the state required number of restrooms. Providing an indoor hitting and pitching facility will bring the stadium up to par with other Midwest League facilities. Coveleski is the fifth oldest stadium in the Midwest League with 12 stadiums built after the Cove (with most recent costs ranging from $20 million to $33 million.) The City of Fort Wayne, for example, demolished suburban Memorial Stadium built six years after "The Cove" to build a new $30.6 - million Parkview Field downtown in 2009. The Cove's proposed $9.75 million renovation is less than recent Midwest League renovations of $10.5 million in Kane County, Ill., and $12.5 million in Davenport, Iowa. In 2007, the City of South Bend began discussions with Cove architect HOK Sport (now Populous) to enhance the stadium facility, create greater connectivity with downtown and foster economic- development opportunities in the surrounding neighborhood. This effort coincided with the planned relocation of the Gates automotive dealership to Erskine Commons. Since then, the City has acquired nearly 15 contiguous acres of property surrounding the stadium as part of a strategy to encourage new, mixed -use development. "The Cove" has drawn more than 4 million fans since 1987, offering 70 days of family entertainment downtown. The economic impact of visitors for the home -game schedule alone reaches nearly $700,000 annually. In addition, the Professional Sports Development Fund enables the City to capture as much as $400,000 annually in sales tax revenue, which would otherwise go to the state. The renovations will enable broader, year -round use of the ballpark, expanding its economic impact and creating potential development sites for housing and commercial /retail uses. Initial improvements in the 2010 season included renovated restrooms, drainage improvements, new padding for the outfield wall and a new backstop net. Projects funded by the Recovery Zone, Economic Development Bond proceeds and other sources include: • A new centerfield entrance, ticket office and concessions area. • An expanded concourse with 360 - degree seating. • Basic facility upgrades to the scoreboard, sound system, lights, mechanical systems, restrooms and food- service areas. • Major overhaul of the field drainage system with a new artificial turf field. • Upgraded fan amenities including a picnic area, Kids Zone and splash pad, new concourse -level suites, a left field home run area and a refurbished Upper Deck area. • Renovated dugouts and locker rooms for player safety and a new training facility. • A new team store in the renovated B'Nai Yisrael (Sons of Israel) Synagogue. CITY OF SOUTH BEND STEPHEN J. LuEcn, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE GREG D. ZIENTARA CONTROLLER November 3, 2414 Mr. Derek D. Dieter President of the Common Council of the City of South Bend 4'h Floor, County -City Building South Bend, IN 46601 Re: Ordinance to Authorize Recovery Zone Economic Development Bonds and to Appropriate Funds Therefrom Dear President Dieter: The attached Ordinance for your consideration would allow for the issuance of Recovery Zone Economic Development Bonds of up to $4,980,000 for the improvement of Coveleski Stadium. The Ordinance also provides for the debt service on these bonds to be paid by revenues from the Professional Sports and Convention Development Area (PSCDA), In the event the PSCDA revenues are not sufficient, the Council is also approving a pledge of COIT revenues. These bonds would have a term not to exceed 20 years. Proceeds of the bond would provide part of the funding necessary to make the planned improvements at Coveleski Stadium. Total improvements are estimated to cost $9,575,445, plus issuance costs of $120,000 and a debt service reserve of $480,000, bring the total to $10,175,445. In addition to the bond proceeds, TIF resources of $1,989,445 have been committed by the South Bend Redevelopment Commission. The remaining funding for the project is proposed to come from COIT ($2,686,000) and EDIT ($520,000). Improvements planned for Coveleski Stadium are part of a larger plan for the mixed use development of the Coveleski Neighborhood, which was previously shared with the Council. These improvements will deal with maintenance needs of a facility built in 1987, create greater connectivity with the downtown, address needed facility improvements, and provide for significantly expanded use of the Stadium by the community. Mayor Stephen J. Luecke will present this bill to the Common Council at the Council assigned committee meeting and at the public hearing. COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/235-9216 FAx 5741235 -9928 TDD 574235 -5567 t�'dl� President Dieter Page 2 November 3, 2010 City Administration requests Common Council a favorable consideration and passage of this spending ordinance bill. Respectfully submitted, Gregg lentara Controller cc: Stephen J. Luecke, Jeff Gibney Don Inks V. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING OF THE ISSUANCE OF REDEVELOPMENT DISTRICT REVENUE BONDS EXPECTED TO BE ISSUED FOR AND ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DIS'T'RICT AND PLEDGING CERTAIN REVENUES FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS (STANLEY COVELESKI STADIUM) STATEMENT OF PURPOSE OF INTENT The South Bend Redevelopment District (the "District ") has been established by the City of South Bend, Indiana (the "City "), which District is a special taxing district having the same boundaries as the City and governed by the South Bend Redevelopment Commission (the "Commission ") under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in T.C. 36 -7 -14 et seq., as amended from time to time (the "Redevelopment Act "). The Commission has previously designated and declared an area in the City known as the Central Development Area to be a redevelopment area and an allocation area pursuant to the Act for purposes of tax increment finance which area has been amended from time to time (the "Area "), and the Commission has previously adopted a redevelopment plan for the Area which has been amended from time to time. The City has also previously designated a Professional Sports and Convention Development Area pursuant to I.C. 36 -7 -31.3 et seq., as amended from time to time (the "PSCDA Act "), in an area of the City to include that portion of the City where Coveleski Stadium (the "Stadium ") is located for the purpose of capturing "covered taxes" as such term is defined by Section 4 of the `PSCDA Act (the "PSCDA Revenues "). The Commission is considering undertaking certain local public improvements in the Area, such local public improvements to include certain improvements to the Stadium, which is owned by the City by and through its Parks Department (collectively, the "Project "). In order to pay for a portion of the Project, the Commission is further considering the issuance of special revenue bonds of the District pursuant to Section 25.1 of the Redevelopment Act in an aggregate principal amount not to exceed Four Million Nine Hundred Eighty Thousand and 001100 Dollars ($4,980,000.00) (the "Bonds "). The Commission has adopted a preliminary bond resolution at its meeting on November 2, 2010, authorizing the issuance of the Bonds. The Bonds, if and when issued, would be payable from the PSCDA Revenues and, to the extent that such revenues are ever insufficient to pay the principal of and interest on the Bonds, from County Option Income Tax Revenues ( "COIT Revenues ") received by the City to the extent pledged for such purpose by the Common Council of the City ( "Common Council ") pursuant to this Ordinance. BDDB01 6401968v1 The American Recovery and Reinvestment Act of 2009 (the "Stimulus Act ") added Sections 140OU -1 through and including 140OU -3 to the Internal Revenue Code of 1986, as amended (the "Code "), which authorized local governments to designate and issue Recovery Zone Economic Development Bonds pursuant to volume cap allocated among the various states and counties and large municipalities within the states based upon relative declines in unemployment in 2008 to finance certain capital expenditures paid or incurred with respect to property located in a designated recovery zone and certain other expenditures identified in Section 140OU -2 of the Code (each of such expenditures being referred to herein as a "Qualified Economic Development Purpose "). The City received an allocation for Recovery Zone Economic Development Bonds of Four Million Nine Hundred Eighty -three Thousand and 001100 Dollars ($4,983,000) (the "Volume Cap "). The Common Council previously adopted Resolution No. 4019 -10 on March 22, 2010, designating the entire geographic area of the City as a Recovery Zone for purposes of Section 1400U -1(b) of the Code, which would include the Area and the Stadium. The Project qualifies as a Qualified Economic Development Purpose. Issuance of the Bonds as Recovery Zone Economic Development Bonds will permit the District to receive a credit from the United States Treasury in an amount equal to 45% of the stated interest to be paid on such Bonds as provided by Sections 140OU -2 and 6431 of the Code. It is expected that the Bonds may be issued as Recovery Zone Economic Development Bonds if that designation provides the lowest net interest rate. The Common Council deems it in the best interest of the City and its citizens and of public utility and benefit: (a) that the District issue the Bonds, the source of payment for the principal of and interest on which shall be the PSCDA Revenues and if such PSCDA Revenues are insufficient then from the COIT Revenues and (b) to pledge the PSCDA Revenues received by the City for the payment of the principal of and interest on the Bonds and also pledge the COIT Revenues distributed to the City for such purpose in the event the PSCDA Revenues are insufficient, provided that such Bonds shall not be issued (i) in an aggregate principal amount that exceeds Four Million Nine Hundred Eighty Thousand and 001100 Dollars ($4,980,000) and (ii) for a term that exceeds twenty (20) years. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Common Council does hereby authorize and approve the issuance of the Bonds by the Commission for and on behalf of the District in an aggregate principal amount not to exceed Four Million Nine Hundred Eighty Thousand Dollars ($4,980,000.00) for a term not to exceed twenty (20) years, the source of payment for the principal of and interest on which shall be the PSCDA Revenues and if the PSCDA Revenues are not sufficient, the COIT Revenues. To provide for the issuance of the Bonds for or on behalf of the District for the purpose of financing a portion of the costs of the Project, the Common Council does hereby approve and irrevocably pledge the PSCDA Revenues received by the City for the payment of the principal of, premium, if any, and interest on the Bonds (the "PSCDA Pledge "). In the event the PSCDA Revenues are not sufficient, the Common Council does hereby approve and y0a BDDBO 1 6401968x1 irrevocably pledge the COIT Revenues for the payment of the principal of and interest on the Bonds (the "COIT Pledge" and collectively with the PSCDA Pledge, the "Pledge "). Section III. The foregoing Pledge shall continue irrevocably during the period in which the Bonds remain outstanding. The provisions hereof shall be construed to create a trust in the PSCDA Revenues and the COIT Revenues described herein and the provisions hereof are made in accordance with Indiana Code 5- 1 -14 -4. This Ordinance shall not be repealed or amended in any manner which would serve to adversely affect the Pledge made herein by the Common Council on behalf of the City. The Mayor, Controller, and the Clerk are hereby authorized to execute such documents as may be necessary in connection with the issuance of the Bonds to evidence the Pledge. The Bonds shall not constitute a corporate obligation or indebtedness of the City but shall constitute an obligation of the District. Section IV. Only in the event the PSCDA Revenues are not sufficient to pay the principal of and interest on the Bonds, the COIT Revenues shall then be used to pay the principal of and interest on the Bonds. The COIT Pledge shall be on a parity with any outstanding indebtedness or lease rental obligations payable from such COIT Revenues (the "Prior Obligations "). Section V. The City reserves the right to enter into additional leases or authorize and issue bonds, payable out of its COIT Revenues, ranking on a parity with the amounts payable under the Prior Obligations and the COIT Pledge described herein, for the purpose of financing the cost of additional projects (the "Parity Obligations "). The authorization and issuance of Parity Obligations shall be subject to the following conditions precedent: (a) Rental payments under all Ieases and the principal of and interest on all bonds, which are, respectively, in accordance with their terms, payable from COIT Revenues shall have been paid in accordance with their terms. (b) All required deposits into the COIT Obligations Fund and the COIT Reserve Fund shall have been made in accordance with the provisions of this Ordinance and the terms of the Prior Obligations. (c) Either: (1) the COIT Revenues distributed to the City in the fiscal year immediately preceding the entering into or issuance of any such Parity Obligations shall be not less than one hundred thirty -five percent (135 %) of the maximum annual interest and principal requirements of all the then outstanding obligations, including without limitation the Prior Obligations, payable from amounts that the City receives from COIT Revenues and the additional Parity Obligations; or (2) the COIT Revenues distributed to the City pursuant to the Act for the first full fiscal year immediately succeeding the issuance of any such Parity Obligations shall be projected by a certified public accountant to be at least equal to one hundred thirty -five percent (135 %) of the total of the maximum annual rentals or interest and principal requirements of all the then outstanding obligations including without limitation the Prior Obligations, payable from amounts that the City receives from COIT Revenues and the Parity Obligations proposed to be issued. -3- SDDB01 64019681 For purposes of this subsection, the records of the City shall be analyzed and all showings prepared by a certified public accountant or independent financial adviser employed by the City for that purpose. (d) Lease rentals on any leases and the principal of and interest on any bonds which constitute Parity Obligations shall be payable semiannually on the fifteenth days of January and July in the years such amounts are payable. Except as otherwise provided in this Section V, so long as the City is obligated to make payments under any Prior Obligations, no Parity Obligations pledging any portion of the CO1T Revenues distributed to the City shall be authorized, executed or issued by the City except such as shall be made subordinate and junior in all respects to the payments made under the Prior Obligations. Section Vl. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Attest: City Clerk Member, South Bend Common douncil f W �4srLrsE��,sc -�r,,� Presented by me to the Mayor of the City of South Bend on the of , 2010, at o'clock p.m. Approved and signed by me on the o'clock m. PUU,L,C F,IAR,iNG 3 rd PE h.DiNG NOT Ar'PROY0. REFERRLD PASSED ' BDD1301 6401968v City Clerk day of Mayor, City of South Bend -4- 2014, at FIEV V 2010 li CITY -I.i r (i, #'E IS, IN. day