HomeMy WebLinkAbout10-10-11 Council Agenda & Packet .
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AGENDA
;
SOUTH BEND COMMON COUNCIL
MONDAY, OCTOBER 10, 2011 7 • 00 P.M.
l. INVOCATION
2. PLEDGE TO THE FLAG
3 . ROLL CALL
4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES
5 . SPECIAL BUSINESS
6. REPORTS OF CITY OFFICES
7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
(BII�LS 53-11, 54-11 AND 55-11 COUNCIL PORTION ONLY)
BILL NO.
53-11 PUBLIC HEARING ON A BILL FIXING THE RATE OF
TAXATION FOR THE PURPOSE OF RAISING REVENUE
TO MEET THE NECESSARY EXPENSES OF THE CIVIL
CITY OF SOUTH BEND FOR THE FISCAL YEAR
ENDING DECEMBER 31, 2012
54-11 PUBLIC HEARING ON A BILL APPROPRIATING
MONIES FOR THE PURPOSE OF DEFRAYING THE
EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL
CITY OF SOUTH BEND, INDIANA FOR THE FISCAL
YEAR BEGINNING JANUARY l, 2012, AND ENDING
DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING A TIME
WHEN THE SAME SHALL TAKE EFFECT
55-11 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
APPROPRIATING MONIES FOR THE PURPOSE OF
DEFRAYING THE EXPENSES OF THE DESIGNATED
ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND,
�
INDIANA, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2012 AND ENDING DECEMBER 31,
2012, INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
43-11 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: A PORTION OF
ROSE ST. AND THREE ADJACENT ALLEYS
8 . BILLS, THIRD READING TIME:
BILL NO.
53-11 THIRD READING ON A BILL FIXING THE RATE OF
TAXATION FOR THE PURPOSE OF RAISING REVENUE
TO MEET THE NECESSARY EXPENSES OF THE CIVIL
CITY OF SOUTH BEND FOR THE FISCAL YEAR
ENDING DECEMBER 31, 2012
54-11 THIRD READING ON A BILL APPROPRIATING MONIES
FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF
SEVERAL DEPARTMENTS OF THE CIVIL CITY OF
SOUTH BEND, INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY l, 2012, AND ENDING
DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING
CLAIMS AND OBLIGATIONS, AND FIXING A TIME
WHEN THE SAME SHALL TAKE EFFECT
55-11 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND
APPROPRIATING MONIES FOR THE PURPOSE OF
DEFRAYING THE EXPENSES OF THE DESIGNATED
- ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND,
INDIANA, FOR THE FISCAL YEAR BEGINNING
JANUARY 1, 2012 AND ENDING DECEMBER 31,
2012, INCLUDING ALL OUTSTANDING CLAIMS AND
OBLIGATIONS, AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT
43-11 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: A PORTION OF
ROSE ST. AND THREE ADJACENT ALLEYS
� • .
9. RESOLUTIONS
BILL N0.
11-57 A RESOLUTION SUPPORTING THE INVESTMENT OF
CAGIT, TIF, UDAG AND CEDIT MONIES IN THE
CHASE TOWER IN DOWNTOWN SOUTH BEND
10. BILLS, FIRST READING .
BILL N0.
63-11 FIRST READING ON A BILL AMENDING THE ZONING
, ORDINANCE FOR PROPERTY LOCATED AT 1145
NORTHSIDE BOULEVARD, 947 LOUISE STREET, AND
A VACANT PARCEL LOCATED TO THE NORTH OF 1145
NORTHSIDE BOULEVARD AND TO THE WEST OF 947
LOUISE STREET, COUNCILMANIC DISTRICT 3 IN
THE CITY OF SOUTH BEND, INDIANA
64-11 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AUTHORIZING THE CITY OF SOUTH BEND TO ISSUE
ITS ECONOMIC DEVELOPMENT REVENUE BONDS OF
2011 AND APPROVING AUTHORIZING OTHER ACTIONS
IN RESPECT THERETO $1, 500, 000 SOUTH BEND
ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES
2011 SOUTH BEND CAREER ACADEMY PROJECT
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.
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CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR
DEPARTMENT OF ADMINISTRATION& FINANCE
GREGG D.ZIENTARA
CONTROLLER
September 26, 2011 S�s��v��.�-- �� �� � �� � �`
Mr. Derek Dieter
President, South Bend Common Council
4th Floor County City Building
227 W. Jefferson Blvd.
South Bend, W 46601
re: Substitute Bill 53-11 Ordinance Levying Taxes and Fixing the rate of Property Taxation to meet
City Expenses for the fiscal year ending December 31, 2012
Dear Council President Dieter:
Attached herewith please find substitute bill 53-11 for consideration by the Common Council of the City of
South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January
1, 2012 and ending December 31, 2012. This tax rate will apply for property tax assessments in fiscal
2011 with tax payable in fiscal 2012.
This substitute version of bill 53-11 is respectively submitted today for 2`� read and public hearing at the
council meeting on September 26, 2011, with 3�d read and council vote at the council meeting on October
10, 2011.
This bill will be presented to the Common Council by the Mayor and Controller as required at the
appropriate sessions of the Personnel and Finance Committee and at the public hearing.
Respective submitted,
Gregg D.Zie�tara
cc: Stephen J. Luecke, Mayor of the City of South Bend
Aladean DeRose, Chief Assistant City Attorney
John Voorde, Clerk of the City of South Bend
Kathleen Cekanski-Farrand,Attorney for the Common Council
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567
a. A
Substifute Bil/53-11
ORDINANCE NO.
AN ORDINANCE LEVYING TAXES AND FIXING THE RATE
OF TAXATION FOR THE PURPOSE OF RAISING REVENUE .
TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY
OF SOUTH BEND FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2012
STATEMEN7.OF PURPOSE AND INTENT:
It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose
of raising revenue to meet the necessary expenses for 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA as follows:
Section I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable
Property of the City of South Bend, Indiana, for the fiscal year 2011 to be collected in the year 2012.the
following:
For CORPORATION GENERAL FUND,the sum of$3.17200 on each one hundred dollars of Taxable
Property.
For PARK AND RECREATION FUND,the sum of$0.62370 on each one hundred dollars of Taxable
Property.
For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of$0.03420 on each one hundred
dollars of Taxable Property.
Total Civil City Rate$3.82990 �
For REDEVELOPMENT BOND(COLLEGE FOOTBALL HALL OF FAME), the sum of$0.08570 on
each one hundred dollars of Taxable Property.
Total Redevelopment Rate$0.08570
Section II. This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
Member of the Common Council
Attest:
City Clerk
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Substitute Bill 53-11
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'ciock . m.
Deputy City Clerk
Approved and signed by me on the day of , 2 , at
o clock .m.
Mayor, City of South Bend, Indiana
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CIT1f CLERK,30U tF�B�iV�i,BN
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CITY OF SOUTH BEND, STEPHEN J.LUECKE,MAYOR
DEPARTMENT UF ADMIIVISTRATION& FINANCE
GREGG D.ZIENTARA
CONTROLLER
August 17,2011 �� � �,. �`'`�---��
Mr. Derek Dieter ~
President, South Bend Common Councii
4th Floor County City Building
227 W.Jefferson Bivd:
South Bend, IN 46601
re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and
Funds of the Civil City of South Bend for the fiscal year ending December 31, 2012
Dear Council President Dieter:
Attached herewith piease find a bill for consideration by the Common Council of the City of South Send
appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2012 and
ending December 31, 2012.
This bill is respectively submitted for 1� read filing with the Common Council for the council meeting
scheduled for August 22, 2011, 2nd read and public hearing at the council meeting on September 26,
2011,with 3i°read and council vote at the council meeting on October 90, 2011.
This bill will be presented to the Common Council by the Mayor, Controller, Departments Heads and other
staff of City Administration as required at the appropriate sessions of the Personnel and Finance
Committee and at the public hearing.
Please note that as of the date of this filing, City Administration is in contact with the Office of the City
Cleck to define and determine the appropriate schedule for the committee meeting sessions of the
Personnel and Finance Committee to affect Council review of the 2012 budget of the City of South Bend.
Respec ly submitted,
�
Gregg D. ntar.a , _w---�-� -_
i F�tet� �n ���.y���� �b���
cc: Stephefi J. Luecke, Mayor of the City of South Bend . �... ; J
Aladean DeRose, Chief Assistant City Attorney �
John Voorde, Clerk of the City of South Bend ��J�i '� � ��! � � �
Kathleen Cekanski-Farrand,Attomey for the Common Council �
�'QFtN VOORD�
C!'�'�!�1��'�i�,a�UTH BENl�,IP� ;
County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone:574/235-9216 Fax: 574/235-9928 TDD:574/235-5567
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ORDINANCE NO. _
AN ORDINANCE APPROPRIATING MONIE3 FOR THE PURPOSE OF
DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF
'THE CIVIL CITY OF SOUTH BEND,`1NDIANA FdR THE
FISCAL YEAR BEGINNING JANUARY 1, 2012, AND;ENDING
DECEMBER 31,2012, INCLUDING ALL OUTSTANDING CLAIMS
AND OBUGATIONS, AND FIXING A TIME WHEN THE SAME
SHALL TAKE EFFECT'
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass #his Ordinance in order to approp�iate monieS to defray the
expenses of severai departments of the Givil City of South Bend, Indiana for 2012.
NOW, THEREFORE, BEJT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA,AS FOLL(JWS:
SLCTION L For the expenses of the Civil City Govemment, its various departments,
funds, commissions, and institutions for the fiscal year ending December 31, 2012, the following
sums of money, as set forth in the attached budget wh�ch is made a part hereof, are hereby
appropriated and ordered set apart out of the funds hereinafter named, and for the purposes
hereinafter specified, subject to the laws_governing the same. The sums herein appropriated
shaU be deemed to include'all expenditures authorized to be made in said year, unless otherwise
expressly stipulated or provided by the laws.
SECTION I1. For the fiscal year ending December 31, 2012„there is hereby appropriated
out of the General Fund Number 101 and from Funds other than the General Fund, of said City to
wit:
(102) Rainy Day Fund
(103) Excess LeYy Fund
(201) Pa�k and Rec�eation Fund
(202) �Motor Vehicle Highway Fund
(203) Pa�lc Recreation Non-Reverting Fund
(209) Studebaker Oliver Reverting Grants
(210) Economic Development Grant Fund
(211) Community 8 Economic Development Operating Fund
(212) Community and Economic Development Fund
(216) Police State Seizures Fund
(217) Gift, Donation, Bequest Fund
(218) Police Curfew�olations Fund
(220) Law Enforcement.Continuing Education Fund
(222� Central Services Fund
(226) Liability Insurance&Premium Reserve Fund
(227) Loss Recovery Fund
(249) PubhcSafety Local Option Income Tax Fund
(250) Generaf G�ant Fund
(251) Local Roads and Streets Fund
(252) Excess Welfare Distribution Fund
(258) Human Rights-Federal Fund
(271) East Race Watennray
(273) Moms PAC/Pala�s Royale Marketing Fund
(278) Police Take Home Car Liability Fund
(280) Police Block Grant Fund
(281) Economic DevetopmentRevenue Bonds Fund
(288) E.M S Capital lmprovement Fund
(289) Hazmat Fund
(291) Indiana RiVer Reseue Fund
(2$2) Police Grants Fund
(294) Regional Police Acatlemy Fund
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(295} COPS More Grant �
(299) Police Federal Drug Enfo�cement Fund
(313) Hall of Fame Debt Service Fund
(377) :Professionai Sports De�efopment Fund
(401) Coveleski Stadwm Capit�I Fund
(403) Zoo Endowment Fund
(404) Counry'Opt�on income Tax Fund
(405) Park Department Non=Reverting Capital Fund
(406) Cumulative Capital Development Fund
(407) Cumulative Capital Improvement Fund
(408) Counry`:Economic Development Income Tax Fund
(410) Urban'Action Development Grant Fund
� � (4�12) Ma�or�Moves Construction Fund �
(416} Mor�is Peifomm�g ArfsCente�Capital Fund
(434j CRED'Fund :
(450) Palais Royale Historic Preservation Fund
(655) Pro�ect ReLeaf Fund
(677) Hali of"Fame Capita!Fund
• (701) Fire Pension Fund
(702) Pohce Pension'Fund'
(705) Police K-9 Unit Fund '
(711) Self=Funded Employee Benefit Fund
(713) Unemployment Compensation Fund
(730) City Cemetery Trust Fund
SECtION Ilt. This Ordinance shail be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
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Member of the Common Coun
Attest: �%��'����'°� .�.
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City Cierk �
Presented by me to the Mayor of the City of South Bend, lodiana on the � day
of , 2 , at o'clock,_,_; m.
Deputy City Clerk
Approved and signed by me on the day of , 2 , at
o clock .m.
Mayor, City of South Bend, tndiana ��t��`E�����,�,��s �;�;� << `
1st READWG
PUBLIC HEA ;C�;G i
3 rd READIt�'G �'��� � ! ��y��
NOT. APPROYEu ��
REFERRED JE,<�P��ia;}��'!�
PASS�,D CI'�'Y'CL�F��C.:��"f�•� �Et�D.IN
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CITY OF SOUTH BEND STEPHEN.T.LUECKE,MAYOR
DEPARTMENT OF ADMINISTRATION& FINANCE
GREGG D:ZIENTARA
CONTROLLER
`��.� ��' ` �.�-� � �
August 17, 2011 _
Mr.Derek Dieter
President, $outh Bend Common Councit
4th Floor County City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated
Enterprise Funds of the City of South Bend for the fiscal year ending December 31,2012
Dear Council President Dieter:
Attached herewith please find a bill for consideration by the Common Counci( of the City of South Bend
appropriating monies for enterprise fund expenditures of the City of South Bend for the fiscal year
commencing January 1,2Q12 and ending December 31, 2012.
This bill is respectively submitted for 1� read filing with the Common Council for the council meeting
scheduled for August 22, 2011, 2nd read and public hearing at the council meeting on September 26,
2011, with 3 read and council vote at the council meeting on October 10,2011.
This bill will be presented to the Common Council by the Mayor, Controller, Departments Heads and other
staff of City Administration as required at the appropriate sessions of the Personnet and Finance
Committee and at the public hearing.
Please note that as of the date of this filing, City Administration is in contact with the Office of the City
Clerk to define and determine the appropriate schedule for the committee meeting sessions of the
Personnel and Finance Committee to affect Council review of the 2012 budget of the City of South Bend.
Respec i ely submitted,
Gregg D. ientara �8���'i���';,� ��tC@
cc: Stephen J. Luecke, Mayor of the City of South Bend y � �"`'�'"""`�"`
Aladean DeRose, Chief Assistant City Attorney . � , n..
John Voorde, Clerk of the City of South Bend �u� � � ��! �
Kathleen Cekanski-Farrand,Attomey for the Common Council .
. �QF1N VOC�R�l�
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County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830
Phone:574/235-9216 Fax:574/235-9928 TDD:574/235-5567
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ORDINANCE NO. _
AN ORDINANCE OF THE'COMMON COUNCIL OF THE
CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE
OF DEFRAYING THE EXPENSES OF THE DESIGNATED,ENTERPRISE:FUNDS
OF THE CITY OF SOUTH BEND, INDIANA,;FOR THE FISGAL YEAR
BEGINNING JANUARY 1,2012 AND ENDING'DECEMBER 31,2012,
INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS,AND
FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
STATEMENT O�PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of
designated Enterprise Funds of the City of South Bend, Indiana fo�2012.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA,AS FOLLOWS:
SECTION I. For the expenses of designated Entecprise Funds of the City of South Bend, Indiana,its
various departments,funds,cvmmissions and institutions for the fiscat year ending December 31,2012,the
following sums of money, as set forth in the attached budget which is made a part hereof, are hereby
appropriated and ordered set apart within the funds hereinafter named in Section 11, and for the purposes
hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated
shall be deerned to include all expenditures authorized to be made in said year, unless othervvise expressly
stipulated or providedby)aw.
� SECTION II. For the fiscal year ending December 31, 2012, the above appropriations are made
within the following funds of the City:
(600) Consolidated Building Fund -
(601) , Parking Garage Fund
(610) Solid Waste Fund
. (611) Solid Waste Depreciation Fund
(620) Wafer Wor�ks General Operations Fund
(622) Water Works Capital Fund
(623) Water Works Bond Capital Fund
(624) Water Wodcs Customer Deposit Fund
(625) Water Works Sinking Fund
(626) Water Works Bond Reserve Fund
(629) Water Works O�M Reserve Fund
(640) Se.wage Repair Fund/Insurance Fund
(641} Sewage Works General Operations Fund
(642) Sewage Works Capital Fund
(643) Sewage Works O&M Reserve Fund
(647) Sewe�Bond 2007 Fund
(649) Sewage Works Sinking Fund
(650) Sewage Works CIay;Operating Fund
(651) SewerBond 20076�Fund
(653) Sewage Works Debt Serviee Reserve Fund
(658) Sewe�Bond CSO Plan 2010 Fund
(670) Centu.ry Center Operating Fund
(671) Century Center Capital Fund
(659) Sewage Works 2011 Bond Const►vction Fund
(661) Sewage Works 2012 Bond Construction Fund
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SECTION Ilf. This Ordinance shall be in full force and effect from and after its passage by the
Common Councii and approval by the Mayor.
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Member of the Common Council
Attest: ����'!�S$i1���aP11�#d9�P��tf @�t!
'� �t �4���C ����t� �
City Clerk ����'��
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2�, at_,r,�o'clock,`; m.
Deputy City Clerk
Approved and signed by me on the day of 2 at
o `clock .m. ' �
Mayor, City of South Bend, Indiana
Fi�@d Ert_.C:i�t'�'�,� t���.�
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RfFERRED.
PASSED . .
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ORDINANCE NO.
AN ORDINANCE TO,.VACATE,THE FOL`LOWING DESCRIB�D.PROPERTY: A
PORTION OF ROSE-ST. AND THREE-AQ,�AC�NT ALLEYS
STATEMENT OF PURPOSE AND INTENT
Pursuant to lndiana Code Section 36-7-3-12, the �om,mon Councii 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 describ�d p.ub�lic property.
NOW, THEREFORE, BE 1T ORDAINED BY THE COMMON COUNCtL
OF THE CITY OF SOUTH BEND, I:NDIANA,-as f911ows: ,
SECTION I. The Common Council of the City of South Bend having held
a public hearing on the p�tition to vacate the:following property:
The first a11ey to be vacated is the�rst East/V1/est Alley South of Rose
Street from the first North/South alley East of-Sherman Street to the second
North/Sou�h alley East of Sherman Street for a distance of 240 feet and a width
of 7 feet.
The second alley to be vacated is the first North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a distance
of 128 feet and a width:of '!4 feet.
The third alley to be vacated is the second North/South alley East of
Sherman Street from Rose Street South to the first East/West alley for a distar�ce
of '128 feet and a width of 14 feet.
The street to be vacated is a portion of Rose Street from the East right of
way of the first North/South alley East of Sherman Street to the East right of way
line of the second alley East of Sherman Street for a distance of 254 feet and a
width of 60 feet.
All four vacations are located in the Northwest Addition, 3ro Plat, being a
part of the City of South Bend; Portage Township, St. Joseph County, Indiana.
Hereby determines that it is desirable to vacate said property.
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. . �. . . � . . . . . � 4 .
SECTION II. The City of South Bend hereby reserves the rights and
easements of all utihties and the Municipal.City of South Bend, lndiana, to
construct and rnaintain any f�cilities; including;�but not limited to,'the follovi�ing: �
electric, telephone, gas, water;�ewer, �urFace water control structu"r'es and
ditches, within the vacated right-of-way, unless such rights are released by the
individual utilities.
SECTION 111. The following property may be injuriously or beneficially
affected by�such vacating:'
Lots
018-2110-406702 018 2'162-5937
�18-2110-406701 018=2�63-597801
018-2162=5945
SECTION IV. The purpose of the vacation o#the real property is to put
up a fence and gate to keep people from dumping trash down the lane,as weA
as to keep drug dealers as well as other crirninals from approaching the house. i
have had more than one incident when someone came to the house to rob it, or
to signal the drug dealers in the apartments across the yard. Once two men in a
stolen SW:came down the lane seeking to elude the police. They drove the
. SUV into an open pit and found themselves#rapped. One �f the police officers
offered to use lethal force when one of them pulled a weapon on him.
Beyond the safety issue, 1 would also like to put of a garage/storage
facility on the East side of the house which of necessity would encroach on the
alley. Since there has never been an alley at this site, and Rose Streef has never
gone through, much less been paved, 1 didn't think'this wilf be an imposition on
anyone.
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.
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Member of the Common ouncil
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Attest: :; ;,..,` , ° ;;i '
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City Clerk , . �'��y��t�i����
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Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . m. ,
,
�,
Cify Clerk :
Approved and signed by me on the _ day of ,
2 , at o'clock . m.
Mayor, City of South Bend, Indiana
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7tEFERRE.� .;�'
PASSf,� ' � ,.-i�'
PETITION TO VACATE PUBLIC'RIGHTS-OF-WAY '
(STREETS/ALLEYS� '
TO THE COMMON COUNGIL OATE:
OF THE CITY OF SOUTH BEND,INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNERjS), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED A5: �
' The first a11ey to be vacated is the first EastMlest alley South ofi Rose
Street from the first North/South aliey East of Sherman Street to fhe
second North/South ailey East of Sherman Street for a distance of 240
�feet and a width of 7 feet.
The second-ailey #o be vacated is� the first North/South alley East �f
' Sherman Street from Ftose Street South to the first East/West alley for a ,
�istanc� of 128 feet and a widfh of 14 feet:
The third alley to be vacated is the second North/South alley East of
� Sherman Street from Rose Street South to the first East/West alley for a
distance ofi 128 feet and a width of 14 feet.
B. THE STREET OESCRIBED AS:
The street to be vacated is a portion of Rose Street from the East right of
way of the first North/South alley East of Sherman Street to the East right
of way line of the second altey East of Sherman Street for a distance of
254 feet and a width of 60 feet.
All four vacations are located in the Northwest Addition, 3rd Plat, being a
part of the City of South Bend, Portage Township, St .loseph County,
Indiana.
NAME(signed& printed) ADDRESS LOT#
_Mary A. Miller 801 W. Douglas Rd 018-2162-5945
�' Mishawaka, IN 46545
1`,� `,Z z�,����
CONTACT PERSON (S)
NAME: �l�q��'� /I: M I�<< tZ
RETURN T0:
OFFICE OF THE CITY CLERK ADDRESS: �J�C� /�t�I� �i�
JOHN VOORDE,CITY CLERK .
ROOM 455-COUNTY-CITY �IN_G.. .__._...._ S�7 u ;7•-t �C ti'1� �.,'� �C�'�l�
SOUTH BEND, IN 46 ���� � � r • _ / �
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LEGAL DESCRIPTION: /R �� ':�, , ;, r:-~_
. . . isll I \iL4.�"�Fl s.e;.,i��i�1�.�1"VM�!!Y .
The ;first alley to be vacated is the first East/West alley South of Rose 5treet from the
first Norfh/South alley East of Sherman Street to #he second North/South ciley Ec►st of
Sherman Street for a distdnce of 240 feet and a width of 7 feet.
The second a11ey to be vacated is the first North/South olley East of Sherman Street
from' Rose Street South to the #irst Ecst/West clley for c distance of �28 feet cnd o
width of 14 feet.
The third` a11ey fo be vacoted is the second -North/South ailey Eas# af Shermon S#reet
from Rose Street South to the first Edst/West alley for a distance of 128 feet and a
wfdth of -14 feet.
'The street to t�e' vacated is a portion ,of Rose Sfreet from the East right of way of the
first North/South,,alley �East b� Sherman Streef, to the. East right of way line 'af the
second alley Fast of Sherman Street for a distance of 254 feet and a width of 60 ieet.
All four vccations are �ocafied in the Northwest Addition, 3rd Plat� being a pert of the
City of South Bend, Portage Township, St Joseph County, Indicna.
/ �-"''�
�--
•cels County Parcels
INAIU KQAILING �
Rec PARCELID NAME_1 MAIUNGADD MAILINGCIT ��
NGST ZIP
MILLE(�MARY,A&,�tU1'H A AMOS � 1134 Rose.St South Bentl iN ° 46§16
. ,
fVIILLER MARY A&RU7N A AMOS 1134 Rose' South Bend �N 46616
� > . . ;
� � � .�� �MILLER�MARY�A&-RUTHAAMOS 4134Rose� �� � � Sou�h�Bentl IN �� 46616� � �
MILLER'MARY A&RUTH A AMOS 930 W Rose St South Bend IN 46616 -
Highland
5 018-2110-406702 VARIN/SOUTH BEND RSN LLC 1694 First St Park IL � 60035 ;
• , AMOS RUTH 1134 W R08E Sbuth Bend M 46616 .
BORDERS WILBER J AND M
7 018-2162-5934 JEANMISC 946 Roosevelt St South Bend r IN 48816
� HARTMAN STERHEN B&RENEE L P:o:Box 943 Bristof '. IN ` d6507
BOXLER'RICHARD • 2912 W Warren Bivd Chicago IL 60612
', , ;
��IP �'' x'J.��. .� JOHNSON CAROL JEAN 934 RooseVelY South Bend 1N 46616
ARNOLD LORANOE AND MARCIE
�� TENANTS BY THE ENTIRETY 930 Rooseveit South Bend IN 46616
��- � :�:
_ ��'. ��2=��'��:" CREEKSIDE PROPERTY LLC 1613 Bennington Dr Mishawaka IN 46544
�, �����'�9���.'�'= BELL THOMAS J.AND MARY A. 19111 Auten Rd South Bend IN 46637
14 018-2162-593501 KINSEY DEMETRIUS R&NINA 918 Roosevelt South Bend IN 46616
�5 018-2162-593502 MAEZ PAMELA S 1931 Malvern Way South Bend IN 46614 ;
16 018-2162-593503 MCLEOD EUZABETH A 910 Roosevelt St South Bend 1N 46616
17 018-2162-593504 BOTKA RICHARD L AND AUCE F. 906.Roosevelt South Bend IN 46616
� SAUNDERS JESSE L SR&LINDA M 902 Roosevelt St South Bend IN :�16616
�I�YA��`-�31��� SISK PATRICIA 822 Roosevelt South Bend W 46616
20 018-2162-593701 FENNESSEE MICKEY R 1706 Sherman South Bend IN 46616
21 018-2162-5937 TURNER JAMES ESTOL 713 East 6th Street Mishawaka IN 46544
SONNYVILLA CHILDRENS HOME
- • INC � PO Box 717 , South Bend IN , 46624
23 018-2162-593602 SHANNON DAVID QS571 Cedar av Elmhurst IL 80126
� < � , Arroyo� ,- �
24 018-2162-593603 , HS&ASSOCIATES INC 1131 E Grande Ave Grande, CA ,r- 93420
25 018-2162-593604 SPARKS RICK G TERRACE Saint Joseph MI 49085 '
26 018-2182-593605` FUGER JANETA 8q2 RooseveR South Bend IN 46616
.. . Highland '
�7 ° �• VARINISOUTH BEND RSN LLC . 1694 First St Park IL 60035
_ MADISON CENTER;INC. 403 E Madison South Bend IN 46617
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I 3I G COUNTY-CITY BUILDING � ��<� - /���� Pxorrs 574I 235-9251
� �\\� ', •� d Fnx 574/235-9171
ZZ7 W.JEFFERSON BOULEVARD W��\P�►CE�j
SOUTH BEND,Ihnrarrn 46G01-1830 - ��- � .�,'a� TDD 574/235-55G7
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1865.`<.`: . , ;
CITY OF SOUTH BEND STBPHEN J. L:UECKE, IYIAYOR '
' _
Bo� �F PusLic Wo�s
June 21,2011
Members of the Common Council
Council Chambers
County-City Building, 4th Floar�
South Bend,Indiana 46601 �
RE: Vacation Recommendation — Scott Street from Lincaln Way West to Dr. Martin Luther
King,Jr. Drive. ,
Dear Members of the Council:
In response to your request as to the Board of Public Work's recommendation for the
vacation of the above street,the Board reviewed the request on June 9, 2008 and gave a favorable
� recommendatiori. The Board sees no need to review this request any further.
Thank you.
If you have any questions,please call me at(574) 235-�9251.
Sincerely, �
.
!�� - "-J
������
Gary A. Gilot `
President, Board of Public Works
c: Carl Littrell, Member '
Donald Inks,Member
GARYA.GILOT,P.E. DONALD E.INKS CARL P.LITTRELL
PRESIDENT MEMBER MEMBER
�5pt)TN$�
. _'�� ,��It�i�(����;'�',p
131 G COUI�TY-C1TY BUILUING �.F:��.\ - ����Z,v, 1�oNS 574%235-9251
227 W.Je�x�soN BvinevnK� ���\. ,
.�.� c�s��!' Fax 'S74/235-9171
SOU7H BEND�Inrntnan 46601-1830 � � � � TDD574/235-5567
'�` �`' r;. ,a
� 1865 M ✓
_ .. .;_
CITY bF$OUTH BEND S'T��'�fEN J. LUECKE,MA.X4R
$t�A�D UF �'�,ZBLIC WOI�KS
Dece�nber l3;2010 ' ; ;; '
Ms. Mary A. Mi�ler and Ruth A:Axnos
930 Rose Street `
South Bend, Iudiana 4b6I,6
RL: Alley Vacahon�.-'The Square�B1dck Encompassing-tliie First �nd$econt� NorEh%South Alleys East.of
Sherman Street;;Rase Street between�Said AJleys anti.the East/West Alley South of Rose,between tbe
First and Second Naz'�h/South Alleys ' : : ,�°. � '
{Preli�ninary Review) ;
� Dear Ms.Miller and Ms;�inos: :
The Board of Public Works, at its December b; 2010, �neeting, reviewed comments by che
Engineering Division, Area Plan Comrnission, Economic Developrnent, Fire Department,Police Department,
Solid t�Vaste Division and the Gity/lttorney's Office. The following comments artd recommendations were
submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or
neighborhaod in which it is located or to which it is contiguous. The vacation wauld not rnake access to the
lands of the aggrieved person by means of public way difficuh or inconvenienL T'he vacation would not h.inder
Che public's access to a church,school or other public huilding or place. The vacation would not hinder the use
of a public right of way by the neighborhood in which it is located or to which it is contiguous.
The City of Sauth Bend Engineering Deparhnent noted that Lot Z30 would ha�•e access only via alleys
and the thirtyfoot�vide reinnant of the vacated street which would attach to that lot. Ownership of the vacated
alley would be split wrth the property owner to the north. An Access Agreeinent with that landowner may be
needed. That property ow»er's.agreement to this vacation is essential. :Aiso, the north/south alley north of
Rose Street should be vacated or the vacation of Rose Street should be 14-feet less..
Please contact Tonv Molnar at(574) 235-9254 prior to nickLig uq vour radius map You will
. need a radius map showmg propert�es withm 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,
{�yt��.Ci.��<4 ��..���_.
• Linda M.Martin Clerk �
�
c: Federico itodriguez,Fire Department
Tony Molna"r,Engineering
3anice Talbooin,City Clerk's O�ce
Cart Liftrell,;Engineering _ ' , ,
GARY A GILOT,P.H.' DONALD E.'INKS ;]QHN H.MURPIiY
: PRESIDENT N�bMBER MEMBER '
- : . . .
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� Aage 1 of] �
Nancy Schrader-5treet and Aliey Vacation Recommendation - Rose Street
From: Nancy Schrader
To: Memo-Vacations
Date: 10/1Z/2010 11:40 AM
Sub,�ect: Street and Alley Vacation Recommentlation =Rase 5treet '
Attachments:
Please provide your recommendation.
Thank yau.
Nancy Schrader
City of�outh Bend
Department of Engineering antl Board of Public Works
, 227 West Jefferson, Room 1316
Soutfi Bend, indiana 46601
Office: {574} 235-9251
Fax: (574)235-9171
s�//�.�NNI�i/VNNiV�J��/VNN/\il�.�/VN I��I�1NN I��/��NI��/��N I��M/��/��MA�NNN/V NNNI�/NN/�!M/�i/�iNl�iAi �
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 pcohibited.
nil�/niN/�in�ni/��/V/�i n•nini NNI��n�Nni/�il�i/�i/�.i/��NMiv/��iVivn��vNN�vI��NNNNN/v NNI�•�viVNNN �
file:l/C:1Docu�nents an.d Settings\]�'JSCHRAD1Local SettingslTernp�XPgrpwise14CB4491... 10/12/2010
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�(10/12/2010)Linda MarUn Re Street and Alley Vacation Recommendation _Rose Street
Pa�e 1
,
� _,w...�:�..� ,..w._.,,,,�vr.....r,.,�.�,�...�,...,,w.x�-0w.�.,...�.,�,�....,.,.,��:,�,,,..,�,��...�.r :
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, ., . ,
�rom: <pmgciffin�a NiSource.com> .-�u
Toc "Nancy Schrader"<NJSCHRAD�s�uthbendfn.gov>,<imartin�southbendin.gov> �
Oate: 10/12/2010 1:06 PM
Subject: Re:8treet`and Alley Vacation Recommendation-Rose Street
Attachments: S45G5101Q1211330.pdf
NIPSCO has no objection tq this street and ailey vacation request, ,
Philip M.Griffin
NIPSCO Prc�ject Engineer
South Bend Local Operating Area
Office Phone:574-284-2214 •
Mobile Phone: 574-220-38�4
FAX; 574-284-2220.
"Nancy Schrader" �
<NJSCHRAD@southbe ,
ndin.gov> To
<jbyorni@co.st joseph.in.us>,
10l92I2010 11:39' <pmgriffin@nisource.com>,"Andre •
AM Price"<APRICE@southbendin.gov>,
"Chris Dressel"
<CDRESSEL@southbendin:gov>, "Cheryl
Greene"<CGREENE@southbendin.gov>, �
"Carl Littrell"
, <CLITTREL@southbendin.gov>,
"Federico Rodriguez"
<f�odrigu@southbendin.gov>,"Jeff
Gibney"<jgibney@southbendin.gov>,
"Rnbert Mathia"
<RMATHIA@southbendin.gov>,"Stephen
Goen"<SGOEN@southbendin.gov>
cc
"Nancy 5chrader"
<NJSCHRAD@southbendi�.gov>
Subject
Street and Alley Vacation
Recommendation-Rose Street
Please provide your recommendafion.
Thank you.
From: Federico Rodriguez
To: Nancy Schrader
Date: 10/13/2d10 8:21 AM
Subject: Re: Street and Alley Vacation Recommendation W Rose Street
Approved 5.6.F.p � �
Federtco°Chico"Rodriguez
fire Marshal
South Bend P(re Depi.
1222 S:Michigan Street
South Bend,In,
574-235-7564(O} ' •
574-235-9305(F�
frodrigu�souShpendin_gov
»>N�ncy Schrader 10/12/2U1011:39 AM»>
Please provide your recommendation.
Thank you.
Nancy Schrader
City of 5outh Bend
Department of Engineering and Board oi Public Works
227 West Jefferson,Room 1316
South Bend, Indiana 46b01 '
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
origina((y addressed.Any use by others is strictly prohibited.
From: Stephen Goen
To• Nancy Schrader
Date: 10/13/2010 8t31 AM
Subject: Re: Street and Afiey Va'c�tion Recommendatian-ttose Street
No Objections '
This message may contiain confidentJal and/or proprietary informat(on ,
and is tntended for the person/entlty to whom it was originai addressed.
Any use by others is sb�icNy prohibited. .
�.t.Stephen�oen .
Traffc Commander
St Joe Co.Fatal Alcohol Crash 7eam
South Bend Poiice Department-Trafflc Invesiigations
701 W.Sample St
South Bend,IN 46601
(574)235 7515
(574)235-7538 '
»>NanCy Schrader 1OJ12[201011:39 AM»>
Please provide your recommendation.
Thank you.
Nanty Schrader
City of South Bend
peparEment of Engineering and Board o�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
originatly addressed.Any use by others is stricity prohibited.
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�NTER•OFF(CE MEM�RANOUM
BOARD OF PU6L�C WpRKS
DAtE SEN1': 10/12/2�10 ;
, T�: Andre Price, Solid Waste
8ob Mathia, Cornmunity 8� Eaonomic Development
Carl Littrell, Engineering Department
Chris Dressel, Community 8� Economic Develapment
Federico Rodriguez, Fire Department
Jeff Gibney, Community& Econamic Development
John Byorni, Area Pian Commission {'l�yorni , co.st-
joseph.in.us or 235-9813 fax)
5tephen Goen, Police Department
Cheryi Greene, City Attorney's Office
Phil Griffin, NIPSCO ( m ri�n nisource.com){FYI Only)
FROM: Linda M. Martin, Clerk �,y�._..
SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND
ALLEY V�CATiON
APPLICANT; Mary A. Miiler .
- � The Square Block Encompassing the First and Second
LOCATION: North/South Alleys East of Sherman Street; Rose Street
8etween Said AHeys, and the East/West Alley South of Rose
Street Between the First and Second Ndrth/South Alleys
DATE DUE: 10/25/2010 "'�-�'�----
PAX OR E-t�A(L.T0: 235-9971 /Imartin(c�southbendtn qov
RECOMMENDATIONS ANQ COMMENTS: �
I have no obj ection to this vacation request so long as necessary rights of way for the
public and neighbors are not negatively impacted. ,
8y �� ��t�
Date �b�d��:�.��,
Page 1 of 1 '
Nancy Schrader- Re: Street and Ailey Vacation Recommendation = Rose Street
from: Chris Dressei
To: Nancy Schrader
Date: 10/23/201010:39 AM
Subject; tte: Street and Alley Vacation Recammendation -RQse Street
Attachments:
Recommended for approvai.
Christopher D. Dressel �
Planner ,
City of South Bend ;
Division of'Corrimunity Developm�nt `
1200 County-City Building
227 W.Jefferson
South Bend, IN 46601
Phone: 574-235-5847
Fax: 574-235-9697
cdressel@southbendin.aov
»> Nancy Schrader 10/12/201011:39 AM »>
Please provide your recommendation.
Thank you.
Nancy Schrader
City of South Bend
Department af Engineerin�and Board of Public Works �
227 West Jefferson, ftoom 1316
South Bend, Indiana 4660t .
Offire: (574}235-9251
�ax: (574) 235-9171
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to whom it was ori�inatty addressed. Any use by others is strictty prohibited.
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lNTER-OFFICE MEI4rORANDUM
84ARD OF PUBLIC WQRKS .
DATE SENT. 10/1x/2410
TO: Andre Price, So1id W�ste �
Bob Mathia Comiiiunity 8 Economlc Developii�ent :
Carl Litfreli,�Engineering Department
Chris Dressel, Community& Economic Development
Federico Rodriguez, Fire'Department
Jeff Gibney, Community& Economic Development
John 8yorni, Area Plan Commission (ibvornila�co.st-
joseph.in.us or 235-9813 fax)
Stephen Goen, Police Department
Cheryi Greene, City Attorney's Office
Phil Griffin, NIPSCO ( m ciffin�nisource.com)(FYI Only)
FROM: Linda M:Martin, Gerkp�
SUBJECT: REQUEST FOR REGOMMENDATION -STREET AND
ALLEY VACATION �
APPLICANT: Mary A. Mi(ler
The Square Block Encompassing the First and Second
LOCATI4N• North/South Aileys East of Sherman Street, Rose Street
' 6etween Said Alleys, and the East/West Afley Sauth of Rose
Street Between the First and Second North/South AUeys
DATE DUE; '10/25/2010
FAX OR E-MAIL TO: 235-9171 �/imartin(a�southbendin.�ov
RECQMMENDATIONS At�D COMMENTS:
I' r(/ , . 1 t f • � . .
+rl.�.'✓(/� . . . '' �'� ..!/L . �
-���'�Z.- 7� .�Z%� ��.C.��' ��"-2�,Q�" G.�d"iZ�L`.��1/2t
c�c-ce.,Q-�.�"-�, �.-�i� a�� • G2,�,.�-����� .-,wo-� f�-�e �
BY Date � �
�%Y�� .�Q 1V�.C.�2.�1,�� L�v t�"L�. iL�t.c���� ,�c.a��-t° �:Z��r���.-
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Area Plan Commission of St. Joseph �County � -
1140 County-City Building �
� South 6end, lndiana 46601
John W. Byorni
Larry P. Magliozzi
Executive Director � Assistant birectar
' Phone 574 235-9571 ' tivww.sfjosephcountyindiana:com/ar.eaplan �ax 574 235-9813
November 30, 2010
y .
�ity of South Bend
Baard of Public Works
1.3'�'Floor,County-City Building
South Bend,Indiana 46601 '
RE: Street a�nd Al�e�'V�cation
The `square block encompassing the �rst and s�eond n.orth/south always east of
Sherman Street; Rose Street. between sa�d a.11eys,,and,the•eastlwest alley south of
f�.,
Rose Street between the first and second north/soutt�al�eys.;
Dear Board Members:
The staff has reviewed this petition. It is the staff's opinion thaf:
(t) The vacation would hot hinder the growth or orderly development of the unit or
neighborhood in which it is tocated or to which it is contiguous.
(2) The vacation would not make access to the lands of the aggrieved person by means of
public way difficult or inco.nvenient.
(3} The vacation would not hinder the public's access to a church,school,or other public
building or place.
(4) The vacation would»ot hinder the use of a public way by the neighborhood in which
it is located or to which it is contiguous.
Staff recomrrtends that the alley be vacated subject to any further utility or access easements
recommended by the City Engineering and Building Departments.
Sincerely, � �
�.
���{��`,�"l� ` l�"�'-�� ��J� , �
rista Nayder (,
Planner �
4� .,,
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. � � . � . :�./� ��f
Servtng South Bend,LakeviDe,New Cariisie,fJorth Liberty,Oscaola,Roseland and St.Joseph County,tndiana
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lNTER-OFFICE MEMORANDUM
80ARD �JF PUBL.IG WQRKS
� OATE SENT: 10/12/2010
T4: Andre Price, Solid Waste
��.,,� b Mathia, Community & Economic Development
rl Littrell, Engineering Department
t�hris Dressel, Community& Economic Development
✓�ederico Rodriguez, Fire Department
Jeff Gibney, Community& Economic Development '
�John Byorni, Area Plan Commission (jbvorni�a co.st-
joseph.in.us or 235-9813 fax)
, �.�tephen Goen, Police Department
Chery! Greene, City Attorney's �ffice
vfihil Griffin, NIPSCO (� m riffin nisource.com) (FYI Only)
�ROM: Linda M. Martin, Clerk .y�.-
SUBJECT: REQUEST FOR RECOMMENDATION - STREET AND
ALLEY VACATION
APPLICANT: Mary A. Miiler
The Square Block Encompassing the First and Second
LOCATtON• North/Sou#h Alleys East of Sherman Street; Rose Street
' Between Said Alleys, and the East/West Alley South of Rose
. Street Between the First and Second North/South AI(eys
DATE DUE: 10/25/2010
FAX OR E-MAIL TO: 235-9171 ! Imartin(c�southbend�_n._aov
RECOMMENDATIONS AND COMMENTS:
BY � Date
' �.� \ � -- (
RESOLUTION NO.
A RESOWTION SUPPOR7ING THE INVESTMENT OF CAGIT,TIF,UDAG AND CEDIT MONIES IN
THE CHASE TOWER IN DOWNTOWN SOUTH BEND
WHEREAS,the Chase Tower and Hotel 211 and 213 West Washington Street South
Bend, Indiana 46601,is a 25-story building located in downtown South Bend at the corner of
Main and Washington Streets;and
WHEREAS, the Chase Tower is in urgent need of repair and renovation;and
WHER�AS, the state of disrepair of the building adversely impacts the desirability of
businesses to locate and/or remain there;and Y
WHEREAS, the building is in foreclosure and assistance is needed to promote an orderly �
.
and successful redevelopment ofthe property;�and
WHEREAS,the Councii believes that the economic viability of the Chase Tower is �
essential to the economic vitality of downtown South Bend;
NOW THEREFORE BE IT RESOLVED THAT.•
1. The Common Council supports the use of CAGIT,TIF, UDAG and or CEDIT funds in an
amount not to exceed$5,500,000.00 for the repair,acquisition and renovation of the Chase
Tower by developers,Care Hospitality Management tnc. and/or its Assigns or Beneficiary(TBD)
C/0 Satish Gabhawala.
2. The Common Council requests that the Mayor and the Redevelopment Department
support this request and take the appropriate steps to insure that the redevelopment of the
Chase Tower is successfully concluded with all due speed.
This Resolution shall be in full force and effect upon passage by this Council.
Dated this day of October,2011.
Member of the Council Member of the Council
f
Member of the Councii Member of the Council -
,
Member of the Council Member of the Council
� ` ,
�.� � �� 1�� � 3 -c1 �
� ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
_ _
1145 NORTHSIDE BOULEVARD,947 LOUISE STREET,AND A VACANT PARCEL LOCATED
TO THE NORTA OF 1145 NORTHSIDE BOULEVARD AND TO THE WEST OF 947 LOUISE
STREET COUNCILMAIVIC DISTRICT 3 IN THE CITY OF SOUTH BEND,INDIANA
STATEMENT OF PURPOSE AND INTENT
The current zoning of 1145 Northside Boulevard is Light Industrial and the requested change is to
Community Business to allow for a reception hall.
The current zoning of 947 Louise Street is Light Industrial and the requested change is to Mixed Use
to make it consistent with the YMCA's other adjacent properties.
The current zoning of the parcel to the north of 1145 Northside Boulevard and west of 947 Louise
Street is Mixed Use and the requested change is to Community Business to allow for a reception hali
(a special use for Outdoor Recreational Uses is also being applied for on this parcel).
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 lrnown 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 located at 1145 Northside Boulevard in the City of South
Bend, St.Joseph County, State of Indiana:
PARCEL I: A part of the Northwest Fractional Quarter of Section 18, Township 37 North,Range
3 East,which part is bounded by a line running as follows: Beginning at a point on the
Northeasterly line of North Side Boulevazd in the City of South Bend,46.9 feet Southeasterly from
the point of intersection of the said Northeasterly line with the Southeasterly line of the right of
way of the Grand Tnuik Western Railway, said point of beginning being at the intersection of said
Northeasterly line of North Side Boulevard with the Southerly line of proposed Ruskin Street;
thence Southeasterly along the said Northeasterly line of said Boulevazd, 50.35 feet to an angle in
said Boulevard;thence continuing Southeasterly along said Northeasterly line of said Boulevard,
178.10 feet to another angle in said line; thence continuing Southeasterly along said Northeasterly
line of said Boulevazd, 63.79 feet to an iron stake;thence Northeasterly along a line which forms
an angle of 89°11'with the Northeasterly line of said Boulevard,202.2 feet to an iron stake;thence
Northerly along a line which forms an angle with said Southerly line of proposed Ruskin Street of �
90°, a distance of 78 feet to the said Southerly line of proposed Ruskin Street;thence Westerly
along said Southerly line of said proposed Ruskin Street, 325.82,feet to the place of beginning, now
within and a part of the City of South Bend. ,
PARCEL II: A tract of Iand located in the Northwest Quarter of Section 18, Township 37 North,
Range 3 East,in the City of South Bend,described as follows: Starting at a point on the West line
of Louise Street,which is 550.3 feet South of the Southerly line of Mishawaka Avenue, said point
being the intersection of the West line of Louise Street and the Southerly line of Ruskin Street
Propos�d;thence running North 85°57' West along the South line of Ruskin Street Proposed, 5.72
feet;thence running North 81°49'West aiong the South line of Ruskin Street Proposed, 355.68
feet,more or less,to the point of beginning of this description, from thebeginning point thus
established; thence running North 81°49' West along the South line of Ruskin Street proposed,
325.82 feet to the East line of North Side Boulevazd; thence Northwesterly along the East line of
North Side Boulevard 18.80 feet to its intersection with the Southeasterly property line of the
Grand Trunk&Western Railroad; thence Northeasterly along the Southeasterly property line of the
Grand Trunk&Westem Railroad, 5.60 feet to a point on said Southeasterly property line,20 feet
Northeasterly from and at right angles to the South line of Ruskin Street proposed; thence South
81°49' East to a point that is North 8°11'East of the place of beginning; thence South 8°11' East
20 feet to the place of beginning.
be and the same is hereby established as Community Business.
SECTION II. This ordinance shall be in full force and effect beginning July 1l, 2012 after its passage by
the Common Council,approval by the Mayor,and legal publication.
SECTION III. 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 located at 947 Louise Street in the City of South Bend,
St.Joseph County,State of Indiana:
A tract of land located in the Northwest One Quarter(1/4)of Section 18,Township 37 North,
Range 3 East of the Second Principal Meridian, in the City of South Bend, Indiana,more
. particularly described as follows:
Commencing at the Northeast corner of Lot 21 as platted in Baker and McHenry's Addition to the
City of South Bend, Indiana, said point also being the intersection of the South right-of-way line of
Mishawaka Avenue and the West right-of-way line of Louise Street; thence South along the West
right-of-way line of Louise Street, a distance of 407.74 feet to the point of beginning; thence
continuing South along the same line a distance of 102.19 feet to the North line of Ruskin Street
projected; thence along said North line of Ruskin Street projected,making a deflection angle of 98
degrees 09 minutes to the right, a distance of 349.91 feet; thence along a line making a deflection
angle of 90 degrees 00 minutes to the right, a distance of 138.86 feet; thence along a line making a
deflection angle of 26 degrees 13 minutes 13 seconds to the right,a distance of 114.53 feet;thence
along a line making a deflection angle of90 degrees 00 minutes to the right, a distance of 317.46
feet to the point;of beginning.
be and the same is hereby established as Mixed Use.
SECTION N. This ordinance shall be in full force and effect after its passage by the Common Council,
approval by the Mayor,and legal publication.
SECTION V. Ordinance No. 9495-04, is amended, which ordinance is commonly lrnown 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 which is located to the north of 1145 Northside Boulevard and to the west of 947 Louise Street.:
� s
A lot or pazcel of land in the Northwest fractional quarter of Section 18,Township 371Vorth,Range
3 East,bounded by a line runriing as follows,viz: Beginning at a point on the southerly right-of
way line of the Grand Trunk.Western Railroad 349.74 feet Southwesterly of the Southerly line of
Mishawaka Avenue;thence Southwesterly along said right-of-way a distance of 429.80 feet; thence
in a Southeasterly direction 685.91 feet to the West line of Louise Street;thence North along the
West line of Louise Street, 122.56 feet to a point 407.74 feet South of the South line of Mishawaka
Avenue;thence Northwesterly 407.95 feet to theplace of beginning; subject to a 20 foot easement
lying along and adjacent to the East 35425 feet of the south boundary of the above described tract
of land and being 20 feet in width North and South:
be and the same is hereby established as Community Business
SECTION VI. This ordinance shall be in full force and effect after its passage by the Common Council,
approval by the Mayor,and legal publication.
� � . �.(,q�h- fL �4� � .
Member of the Common Co il
Attest: ��, a �,�;i�`�'., + �+d��
v>�;i3a?�"�' ir :lt%�:.'�E!�� t {�'� P�n�..�'1¢, �r�
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9�^Y�'�+�Li'4:M� :�3' �,��ti�:3i ii�►�Y�ii':� t,�.'i7S
City Clerk �����+C����'�1�1�$�at�8, ..;�`
Presented by me to the Mayor of the City of South Bend,Indiana on the day of ,
20 at o'clock .m.
City Clerk
Approved and signed by me on the day of ,20_,at o'clock
.m. .
Mayor of the City of South Bend,Indiana
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Qate Fited Application No.
�ate received by the Area Plan Commission
I (we) the undersigned rnake a:pplication to the Common Cauneil of the City of South Bend,
�ndiana to amend the zoning ordinance as herein requested.
I) The property saught to be rezoned is located at:
i 145 Northside Blvd. SoutM.Bend,IN 4661.5
2} Name and address of property owner(s)of the petition site:
Nershey Properties LLC
6&555 Oak Rd.
Lakevifle,IN 46536
(574)210-5251
3) Name and address of contingent purchaser(s),ifapplicabte:
Corey D.Cressy
3930 Edison Lakes Pkwy.
Ste.200
Mishawaka,IN 46545
574-485-1513
4) It is desired and requested that this properhy be rezoned
from Light Industrial
io Community Business
5) This rezoning is requested to allaw the following use(s}:
Reception Hall
6) Attached is a copy of(a) legal description of the properiy;(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 340 feet of the petition property;and(e)
addressed,stamped envelopes for all property owners within 300 feet ofthe petition p�operty(fl a
loeation map, if available, drawn to scale, which includes street names, printed in 8%z" x 11"
format.
Signature(s)of All Property owner(s): �. ���
PETTTION PREPARED BY: CONTACT PERSON: (lf different)
Corey Cressy Same.
3930 Edison Latces Pkwy. Ste.200 �I���t fCB �:k�;'�*�.'� ����s4� �
Mishawaka,lN 46545 "
574-�185-1513 `
G�T ._ � 2011 �
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Jf3i�IS�1E�fOi4LIt'
C'TY CL�RK,�i3€!'6'H�3����!?,f#��
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Date Filed Application Na
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 to the north of 1145 Northside Blvd. and to the west of 947
Louise St.
2) Name and address of properiy owner(s)of the petirion site:
YMCA
1201 Northside Blvd.
South Bend,IN 46615
574-287-9622
3) Name and address of contingent purchaser(s), if applicable:
Corey D. Cressy or assigns
3930 Edison Lakes Pkwy.
St�.200
Mishawaka,IN 46545
574-485-1513
4) It is desired and requested that this property be rezoned
from Mixed Use to Community Business
as well as a special use to allow for outdoor recreational uses (playing fields for the YMCA as
currently used)
5) This rezoning is requested to allow the following use(s):
Reception Hall
6) Attached is a copy of(a)legal description of the property; (b)seventeen(1'n 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 perition property(fl a location map, if available, drawn to scale,
which includes street names,printed in 8%z"x 11"format.
Signature(s)of All Property owner(s):
PETTTION PREPARED BY: CONTACT PERSON: (If different)
Corey Cressy Same. — �" �'�!
3930 Edison Lakes Pkwy. Ste.200 FI�@d �� ��"��`yr� '����� �
Mishawaka,IN 46545 . -
574-485-1513
r���` •� � ��I11
6E:'�[f�� �� �4�t�¢�r�a�Q� `1R� i1 1
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tiw�-:r�,,,-�,v-!
. . • ,
Date Filed Application No.
Date received by the Axea 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:
947 Louise Street
South Bend,IN 46628
2) Name and address of property owner(s)of the petition site:
KOONTZ-WAGNER 1NDIANA REAL ESTATE HOLDINGS LLC
3801 Voorde Drive
soutn B�a,IN 46628
574-280-2517
3) Name and address of contingent purchaser(s),if applicable:
Corey D.Cressy or assigns or YMCA
3930 Edison Lakes Pkwy. 1201 Northside Blvd.
Ste.200 South Bend,IN 46615
Mishawaka,IN 46545 574-287-9622
574-485-1513
4) It is desired and requested that this property be rezoned
from Light Industrial
. to Mixed Use
5) This rezoning is requested to allow the following use(s);
Outdoor Recreational Uses
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 petirion property(fl a location map, if available, drawn to scale,
which includes street names,printed in 8%z"x 11"format.
Signature(s)of All Property owner(s):
PETTTION PREPARED BY: CONTACT PERSON: (If '�) . -- .--`�"'"��� —°-�--�
Corey Cressy Same. Fj[�� p� ����`�''� �`���'��}
3930 Edison Lakes Pkwy. Ste.200 E
Mishawaka,IN 46545 �
574-485-is13 GGT �"� ����
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PARCELID P NAME 1 MAILINGADD MAIUNGCIT MAILINGSTA MAILING2IP
Tri Pc Se Cor ' �
Ruskin&No
Side Bivd Plat
Surv Pt Nw& `
S 1/2 Vac HERSHEY
018-6014- 71-09-18-103-Ruskin St N 8 PROPERTIE 68555 Oak
0319 005.000-026 Adj 18-37-3e S LLC Rd Lakeville IN 46536
Incl47-501nC1 PRODUCERS 1105
018,6011- 71-09-16-101-Beyers 2nd MARKET CO Northside
0253 001.000-026 Atld Replat OF S B Bivd South Bend IN 46615
Land Bet ,
Ruskin 8�No
018-6014- 71-U9-18-103-Sid Blvd 18- 1201
031807 010.000-026 37-3e YMCA Northside BI South Bend IN 4661
100 apos; �
1658apos;
Beg
967.72'
S Of W Line
Of Louise St
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September 13,2011 �,�� ��,�w � ��
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John Voorde,City Clerk
Office of the Clerk
South Bend, Indiana
227 West Jefferson Blvd., Suite 400 S
South Bend, Indiana 46601
RE: $1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT REVENUE BONDS,
SERIES 2011 (SOUTH BEND CAREER ACADEMY PROJECT)
Dear Clerk, �
Attached please find the following documents related to the above referenced bond issue:
l. Resolution of the Common Council of the City of South Bend, Indiana, for
consideration and approval at the Council's October 10, 2011 meeting; and
. 2. Special Ordinance of the Common Council of the City of South Bend, Indiana,to be
considered for first read.ing at the Council's October 10,2011 meeting and for final
approval at the Council's October 24, 2011 meeting.
The South Bend Economic Development Commission has approved a preliminary and
final resolution approving issuance of the Bonds. The South Bend Redevelopment Commission
has approved a pledge of tax increment financing revenue to repayment of the Bonds as reflected
in the Resolution and Ordinance.
Please contact me if you have any questions.
Sincerely,
���2�.
• Jonathan R. And .... _ _. .�:..........----- ....
Fitec� i!'1 Grtzr�c'� ������;
cc: Ken Fedder,Attorney for South Bend EDC � � �"�"'"'""'�����` �
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Larry Garatoni �� ����� � �
Charles Goetz ��� �
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(T)317.822.9126/(F�317.489.3393 � www.andersonpartnersllc.com
(AP.00005125.DOC)
ORDINANCE NO.
AN ORDINANCE OF TI�E COMMON COUNCIL
OF TIiE CITY OF SOUTH BEND, INDIANA,AUTHORIZING TI�IE CITY
OF SOUTH 13END TO ISSUE ITS ECONOMIC DEVELOPMENT
REVENUE BOND5 OF 2011 AND APPROVING AND AUTHORIZING
OTIiER ACTIONS IN RESPECT TIIERETO
$1,500,000 SOUTH BEND ECONOMIC DEVELOPMENT
REVENUE BONDS, SERIES 2011
(SOUTIi BEND CA1tEER ACADEMY P120JECT)
STATEMENT OF PURPOSE AND INTENT
The South Bend Economic Development Commission (the "Commission") has
�rcviously conducted a public hearing and adopted a resolution on September 19, 2011, which
resolution has been transmitted to this Common Council, finding that the tinancing of certain
economic development facilities of South Bend Career Academy, Inc. ("Borrower") complies
with the purposes and provisions of Indiana Code 36-7-11.9 and Indiana Code 36-7-12, each as
amendcd (colleciivcly, the "Act"); and that such financing will be of benefit to the health and
welfare of the City of South Bend, Indiana("City") and its citizens.
The South Bend Redevelopment Commission ("Redevelopment Commission") has
adopted a resolution on September 12, 2011 (the "Pledge Resoiution") approving of a pledge of
1'ledged Tax Increment (as defined in the Pledge Resoiution) to be used to pay debt service on
the City's Economic Development Revenue Bonds of 2011 (South Bend Career Academy
Project) ("Bonds"), to offset payments required to be made by the Borrower, to be issued by the
City pursuant to this Ordinance. The Bonds are being issued to finance the construction of
economic development facilities consisting of a 106,000 square foot charter school located at
3801 Crescent Circle in the Blackthorn office park on South Bend's northwest side ("Project").
The Commission has heretofore approved and recommended the adoption of this form of
ordinance by this Common Council, has considered the issue of adverse competitive effect and
has approved the forxns of and has transmitted for approval by the Common Council the Bond
Yurchase and Loan Agreement (including form of Note and Bonds) among the Issuer, the
Borrowcr and the purchaser of the B�nds.
NOW, T�IEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
TIIE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS:
Section I. It is hereby found that: (i) the financing of the Project referred to in the
Loan Agreement approved by the Commission and presented to this Common Council; (ii) the
issuance and sale of the City's Economic Development Revenue Bonds of 2011 ("South Bend
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Career Academy Project) ("Bonds"); (iii) the loan of the proceeds of the Bonds to the Borrower
for the acquisition, construction, installation and equipping of the Project; and (iv) the payment
of the Bonds by the note payments of the Borrower under the Loan A�reement and Note, offset
by the pledge of the Pledged Tax Increment, would be of benefit to the health and �eneral
wclfare of the City.
Section II. The economic development facilities will consist of the Project.
Section III. At the public hearing held before the Commission, the Commission
considered and determined that the Pxoject would not have an adverse competitive effect on any
similar facilities located in the City as required by IC 36-7-12-21. The Commission also
considered whether the Project would be of benefit to the public health and welfare of the City
and fowid that financing the Project would be of benefit to the public health and welfare of the
City and the Common Council hereby confirms both findings.
Section IV. The substantially final forms of the Bond Purchase and Loan Agreement
(including form of Note and Bonds), approved by the Commission are hereby approved
(collectively, "Financing Agreements," referred to in IC 36-7-11.9 and -12), and the Financing
Agrecinents shall be incorporated herein by reference and shall be inserted in the minutes of the
Common Council and kept on file by the Clerk. In accordance with the provisions of IC 36-1-5-
4, rivo (2) copies of the Financing Agreements are on file in the office of the Clerk for public
inspection.
Seciion V. The City may issue its Bonds, maturing no later than December 31, 2015,
in the ag�regate principal amount not to exceed $1,500,000. The Bonds are to be issued for the
purpose of procuring funds to pay the costs of acquisition, construction, installation and
equipping of the Project, all as more particularly set out in the Bond Purehase and Loan
Agreement, which Bonds will be payable from note payments made by the Borrower under the
Bond Purchase and Loan A�reement and Note, offset by Pledged Tax Increment, or as otherwise
provided in the above described Bond Purchase and Loan Agreement (including fonn of Note
and Bonds), and the payment of certain costs of issuance and the funding of a debt service
reserve, if necessary. T'he Bonds shall be issued in fully registered form in$5,000 denominations
and integral multiples thereof. Payments on the Bonds are payable in Iawful money of the United
States of America by check mailed or delivered to the registered owners or by wire transfer as
provided in the Bond Purchase and Loan Agreement. The Bonds shall never constitute a general
obligation of, an indebtedness of, or a charge against the general credit of the City as described
in the Bond Purchase and Loan Agreement.
Section VI. The Mayor and the Controller are authorized and directed to sell the
I3onds to the purchaser thereof at a price not less than 97% of the principal amount thereof and
shall accrue interest at a rate not to exceed 4%per anrium.
Section VII. The Mayor, Controller and Clerk are authorized and directed to execute,
attest, affix or imprint by any means the City seal to the documents constituting the Financing
Agreements approved herein on behalf of the City and any other document which may be
necessary or desirable to consummate the transaction, includin� the Bonds authorized herein.
� -2-
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The Mayor and the Controller are hereby expressly authorized to approve any modifications or
additions to the documents constituting the Financing Agreements which take place after the date
of this Ordinance with the review and advice of the Corporation Counsel; it being the express
understanding of this Common Council that the terms of the Financing Agreements are in
substantially final form as of the date of this Ordinance. The approval of said modifications or
additions shall be conclusively evidenced by the execution and attestation thereof and the
aff xing of the seal thereto or the imprinting of the seal thereon; provided,however,that no such
modif cation or addition shall change the maximum issued ainount or maturity amount of,
interest`rate on or term of the Bonds as approved by the Common Council by this Ordinance
without further consideration by the Common CounciL The signatures of the Mayor, Controller
and Clerk on the Bonds may be either manual or facsimile signatures. The Controller is
authorized to arrange for delivery of such Bonds to the bond purchascr named in the Bond
I'urchase and Loan Agreement (including form of Note and Bonds). Payment for the Bonds will
be made to the bond purchaser named in the Bond Purchase and Loan Agreement (including;
form of Bonds. The Bonds shall be originally dated as of the issue date.
Section VIII. The provisions of this Ordinance a�id the Bond Purchase and Loan
Agre�ment (including form of Note and Bonds) securing the Bonds shall constitute a contract
binding between the City and the holders of the Bonds, and after the issuance of the Bonds, this
Ordinailce shall not be repealed or amended in any respect which would adversely affect the
rights of such holders so long as the Bonds or the interest thereon remains unpaid.
Section IX. This Ordinance shall be in full force and effect from and after its passage
and approval by the Mayor.
� �� v`�.�-- ����`�-a,�.
Member, South Bend Common` ouncil
Attest:
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City Clerk ' �..� �
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Presented by me to the Mayor of the City of South Bend on the day
of ,201 l, at o'clock .m.
City Clerk
Approved and signed by me on the day of , 2011 at
o'clock .m. '
� �"Lse�1 !; i� V�a'�i.e fl"e s:a^�,e,e�A 8 Y.'3A�'o
Mayor, City of South Bend
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