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11-28-11 Council Agenda & Packet
AGENDA SOUTH BEND COMMON COUNCIL MONDAY, NOVEMBER 28, 2011 7 : 00 P.M. 1 . 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: BILL NO. 18-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 68-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2012 69-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2012 73-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2012 70-11 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING TH ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION THREE HUNDRED THOUSAND ($8, 300, 000) ; ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 8 . BILLS, THIRD READING TIME: BILL NO. 18-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES 68-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2012 69-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2012 73-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2012 70-11 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING TH ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED EIGHT MILLION THREE HUNDRED THOUSAND ($8, 300, 000) ; ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 9. RESOLUTIONS BILL NO. 11--62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA, FOR THE PROPERTY LOCATED AT + 2 . 04 ACRE SITE CONSISTING OF VACANT LAND TO THE SOUTH SIDE OF PRAIRIE AVENUE, TO THE WEST OF 2610 PRAIRIE AVENUE, SOUTH BEND, INDIANA 46614 11-63 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 TO THE NORTH OF 1145 NORTHSIDE BLVD. AND TO THE WEST OF LOUISE STREET WITH A PARCEL ID OF 018-6014- 031802 (CONTINUED TO 12/12/11 BY THE PETITIONER) 11-60 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPORTING THE APPROPRIATION OF $179, 100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVELOPMENT PROGRAM IN SOUTH BEND, INDIANA 11-66 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE AMERICANS WITH DISABILITIES ACT (ADA) , DESIGNATING THE ADA COORDINATOR, AND ADOPTING PROCEDURES 11-67 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING AS STANDARDS FOR ACCESSIBLE DESIGN THE AMERICANS WITH DISABILITIES ACT (ADA) ACCESSIBILITY GUIDELINES AND THE GUIDELINES FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY UPON DEPARTMENT OF JUSTICE APPROVAL 11-68 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 11-69 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BE=ND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 11-70 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL NO. 75-11 FIRST READING ON A BILL SUPPLEMENTING AND AMENDING ORDINANCE NO. 9722-06 AND ORDINANCE NO. 9968-09 PERTAINING TO THE CITY OF SOUTH BEND, INDIANA VARIABLE RATE ECONOMIC DEVELOPMENT REVENUE BONDS, SERIES 2007 (PEI/GENESIS PROJECT) (THE "BONDS") , APPROVING THE FORM OF, AND AUTHORIZING THE EXECUTION AND DELIVERY OF, A SECOND AMENDED AND RESTATED TRUST INDENTURE, A SECOND AMENDED AND RESTATED LOAN AGREEMENT AND OTHER DOCUMENTS RELATED TO THE BONDS AND AUTHORIZING PROPER OFFICERS TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE IN CONNECTION THEREWITH AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 76-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $25, 000 FROM THE RAINY DAY FUND NO. 102 TO THE UNEMPLOYMENT COMPENSATION INSURANCE FUND 713 WITHIN THE CITY OF SOUTH BEND 77-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 78-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2011 OF $222, 428 FROM GENERAL FUND (#101) , $1, 363 FROM EXCESS LEVY FUND (#103) , $3, 001 FROM STUDEBAKER/OLIVER GRANT FUND (#209) , $5, 392 FROM COMMUNITY AND ECONOMIC DEVELOPMENT FUND (#212) , $34, 699 FROM LOSS RECOVERY FUND (#227) , $164 FROM GENERAL GRANT FUND (#250) , $1, 463, 859 FROM EXCESS WELFARE FUND (#252) , $4, 600 FROM HUMAN RIGHTS GRANT FUND (#258) , $30, 000 FROM POLICE GRANTS FUND (#280) , $15, 000 FROM INDIANA RIVER RESCUE FUND (#291) , $472, 140 FROM UDAG FUND (#410) , $5, 269 FROM COVELESKI BOND CONSTRUCTION FUND (#438) , AND $410, 000 FROM HALL OF FAME CAPITAL FUND (#677) 79-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS OF $54, 000 FROM SOLID WASTE FUND (#610) , ($54, 000) FROM SOLID WASTE CAPITAL FUND (#611) , $15, 900 FROM PARKING GARAGE FUND (#601) , $110 FROM 2006 SEWER BOND FUND (#645) , $200, 000 FROM SEWAGE WORKS SINKING FUND (#649) AND $239, 100 FROM 2010 SEWER BOND FUND (#658) 80-11 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN AMENDMENT TO ARTICLE III OF THE LEASE AND MANAGEMENT AGREEMENT BETWEEN STUDEBAKER NATIONAL MUSEUM, INC. , AND THE CITY OF SOUTH BEND 11. UNFINISHED BUSINESS A. REPORT FROM AREA PLAN COMMISSION 1. BILL NO. 63-11 -° REZONING- 1145 NORTHSIDE, 947 LOUISE ST, AND A VACANT PARCEL LOCATED TO THE NORTH OF 1145 NORTHSIDE BLVD. 12 . NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14 . ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. Ga�N ,ssfq,, RS ST. JOSEPH COUNTY/SOUTH BEND yOUT�$� J2`a BUILDING DEPARTMENT 0 4 u� 125 S. LAFAYETTE BLvD. rn 0 v SUITE 100 U �\\ �o o SOUTH BEND, IN 46601 (574) 235-9554 , ; TDD 574-235-5567 1865 a FAX 574-235-5541 JAMES D.MARKLE, R.A. CHARLES C.BULOT MARKA.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator November 7, 2011 � \�A South Bend Common Council 0 Floor, County-City Bldg. South Bend, Indiana 46601 RE: Bill No. 18-11 Dear Honorable Members: I respectfully request that Bill No. 18-11 be added as an item of Special Business to the November 14, 2011 agenda in Order to be heard at the meeting on November 28, 2011. Two new fee areas have been added: 1) A Design Review Fee for the Northeast Neighborhood Development Area Overlay Zoning District and 2) a Commercial Plan Review Fee for the South Bend Fire Department. Since I will be out of the country on that date, Mark Lyons,Assistant Zoning Administrator for the Building Department, will be presenting in my absence. If you have any questions regarding this matter, please feel free to contact me. Sincerely, Charles C. Bulot, C.B.O., C. F. M. Building Commissioner Filled in. (,03orks office, jor CITY CLERK SECOND SUBSTITUTE BILL NO. 18-11 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO BUILDING FEES STATEMENT OF PURPOSE AND INTENT On December 31, 1991, the City of South Bend and the County of St. Joseph entered into an agreement to merge their building departments; and further created the "consolidated Building Board". In 1993, by Ordinance No. 8412-93, Subsection 1, the Board created the Building Department as an enterprise fund. Section 6-4(f) of Chapter 6, Building, Article 1, General Provisions, requires periodic review of the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Department. This review revealed that the Department has been operating with a deficit in 2009 and 2010, leaving a cash reserve at the end of 2010 of$38,560. Therefore, it has been determined that in order to maintain the enterprise fund, a fee increase will be needed as set forth in this ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Chapter 6, Article 1, Section 6-4 (b) of the South Bend Municipal Code be and hereby is amended to read in its entirety as follows: (b) Unless otherwise provided in the Building Code, the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. (1) The fee fer- permits issued for- new eenstmetion and building addiiiens shall be based (100,000) squar-e feet and eight eefits ($0.08) per- square foot for- each additional square feet, with yr b. Commemial; T-"Ive eents (SO,12) per- square feetage fi3f 4he first one hundred thousand (If-1011-10101 s-aH- j .1- feetage and ten eents 40,10) for, eaeh additional square 1 The fee for permits issued for residential and commercial new construction and building additions shall be based upon the followin a. Cast per Square Foot CSF times the Total S ware Footage (TSF) times the Local Variable Factor(LVF) of_-8953.00098, b. Cost per Square Foot (CSF) shall be determined_ by the International Code Council Building Valuation Table in effect in January of each year. C. The cost per square foot (CSF) by occupancy classifications shall be amended as follows: L Groups F-I, F-2, H-1, H-2, H-3, H-4, and M shall have the same rate as 2. Groups 1-4, R-2, and R-4 shall have the same rate as 1-1. 3. Groups S-1, S-2,and U shall have the same rate as R-3. d. Minimum Fee - $30.00 (2) Permits issued for all alterations, repairs, remodeling of existing structures over five hundred dollars ($500.00), fence installations, in-ground pool installations, communication towers, and utilities shall be subject to the following fee schedule: Estimated Construction Costs ..... .............................................................................Permit Fees $1.00 to 1,000.00.............................................................................20:90 30.00 1,001.00 to 2,000.00.........................................................................25:00 35.00 2,401.00 to 3,000.00...........................................................I....................................30.0 40.00 3,001.00 to 4,000.00.................................................................................................35.00 45.00 4,001.00 to 5,000.00.................................................................................................40:09 50.00 5,001.00 to 6,000.00.................................................................................................4340 55.00 6,001.00 to 7,000.00.................................................................................................50.00 60.00 7,001.00 to 8,000.00.................................................................................................x:00 65.00 8,001.00 to 9,000.00.................................................................................................60.00 70.00 9,001.00 to 10,000.00...............................................................................................65.00 75.00 10,001.00 to 11,000.00...........................__..........,..,...............................................70 00 80.00 11,001.00 to 12,000.00..........................................................1.....I............................73:00 85.00 12,001.00 to 13,000.00__........................................................................................�9 99 90.00 13,001.00 to 14,000.00_.................I............................. ................... ..................85,00 95.00 14,001.00 to 15,000.00............................................................................................A:90 100.00 15,00I.00 to 16,000.00.............................................................................................95 00 105.00 16,001.00 to 17,000.00.........................................................................I................. i 90,00 110.00 17,001.00 to 18,000-00............................................................................................405.00 115.00 18,001.00 to 19,000.00............................................................................................i MOO 118.00 19,001.00 to 20,000.00............................................................................................i i5 0 121.00 20,001.00 to 21,000.00............................................................................................i 18.90 124.00 21,001.00 to 22,000.00............................................................................................121.0 127.00 22,001.00 to 23,000.00............................................................................................1:24 0 130.00 2 23,001.00 to 24,000.00..............................................................................................x,0 133.00 24,001.00 to 25,000.00............................................................................................140.0 0 136.00 25,001.00 to 26,000.00............................................................................................133,00 139.00 26,001.00 to 27,000.00............................................................................................13:99 142.00 27,001.00 to 28,000.00............................................................................................139.00 145.00 28,001.00 to 29,000.00............................................................................................'"3 X00 148.00 29,001.00 to 30,000.00..............................................................I...I.........................145.00 151.00 30,001.00 to 31,000.00............................................................................................14,8.00 154.00 31,001.00 to 32,000.00............................................................................................1sw)8 157.00 32,001.00 to 33,000.00.................................................................................... ....154:00 160.00 33,001.00 to 34,000.00................................................I.................................,..........137-90 I63.00 34,001.00 to 35,000.00............................................................................................160-00 166.00 35,001.00 to 36,000.00............................................................................................163:88- 169.00 36,001.00 to 37,000.00........................................................................................... 1€6A 172.00 37,001.00 to 38,000.00............................................................................................169.00 175.00 38,001.00 to 39,000.00............................................................................................172 0 178.00 39,001.00 to 40,000.00............................................................................................175,00 181.00 40,001.00 to 41,000.00............................................................................................178.00 184.00 41,001.00 to 42,000.00............................................................................................18-1.09 187.00 42,001.00 to 43,000.00............................................................................................184.00 190.00 43,001.00 to 44,000.00............................................................................................187.00 193.00 44,001.00 to 45,000.00............................................................................................499:08 196.00 45,001.00 to 46,000.00............................................................................................193~:09 199.00 46,001.00 to 47,000.00............................................................................................196.00 20100 47,001.00 to 48,000.00............................................................................................199.00 205.00 48,001.00 to 49,000.00............................................................................................202:00 208.00 49,001.00 to 50,000.00............................................................................................295.00 211.00 50,001.00 to 51,000.00............................................................................................208 00 214.00 51,001.00 to 52,000.00............................................................................................211.00 217.00 52,001.00 to 53,000.00.,................................................................. ....... ..............214.00 220.00 53,001.00 to 54,000.00............................................................................................217 0 223.00 54,001.00 to 55,000.00.............................................................................................2.-2998 226.00 55,001.00 to 56,000.00............................................................................................223.00 229.00 56,001.00 to 57,000.00............................................................................................226.00 232.00 57,001.00 to 58,000.00............................................................................................22 .09 235.00 58,001.00 to 59,000.00............................................................................................232,00 237.00 59,001.00 to 60,000.00............................................................................................233: 0 239.00 60,001.00 to 61,000.00........................................I..................I.......,........................23-7.00 241.00 61,001.00 to 62,000.00............................................................................................239A 243.00 62,001.00 to 63,000.00............................................................................................241�0 0 245.00 63,001.00 to 64,000.00............................................................................................243:-08 247.00 64,001.00 to 65,000.00.,.......... ..............................................................11.1..........245.0 249.00 65,001.00 to 66,000.00,...................................................................... .............247:O 251.00 66,001.00 to 67,000.00............................................................................................24-9.9 253.00 67,001.00 to 68,000.00............................................................................................251-00 255.00 68,001.00 to 69,000.00............................................................................................25 .00 257.00 69,001.00 to 70,000.00............................................................................................255.00 259.00 70,001.00 to 71,000.00............................................................................................257,()() 261.00 71,001.00 to 72,000,00-..............I...........................................................................-)Ji9:00 263.00 72,001.00 to 73,000.00.............................................................................................: -{, 265.00 73,001.00 to 74,000.00............................................................................................263.0 267.00 74,001.00 to 75,000.00............................................................................................265.0 269.00 75,001.00 to 76,000.00............................................................................................ 7.88 271.00 76,001.00 to 77,000.00............................................................................................269 00 273.00 77,001.00 to 78,000.00............................................................................................21.09 275.00 78,001.00 to 79,000.00............................................................................................23:08 277.00 79,001.00 to 80,000.00............................................................................................x.00 279.00 80,001.00 to 81,000.00.........................,..................................................................277.00 281.00 81,001.00 to 82,000.00...................................:.........................................................: 80 283.00 82,001.00 to 83,000.00............................................................................................281, 0 285.00 83,001.00 to 84,000.00............................................................................. ..............283;80 287.00 84,001.00 to 85,000-00-1.1.1...............I............................................... .....................MAO 289.00 85,001.00 to 86,000.00............................................................................................25,?-00 291.00 86,001.00 to 87,000.00............................................................................................289.0 293.00 87,001.00 to 88,000.00............................................................................................291.0 295.00 88,001.00 to 89,000.00.............................:..........I...................................................29.09 297.00 89,001.00 to 90,000,00.,.... ........................................................ ............................295.00 299.00 90,001.00 to 91,000.00............................................................................................24 00 301.00 91,001.00 to 92,000.00............................................................................................29 303.00 92,001.00 to 93,000.00............................................................................................3809 305.00 93,001.00 to 94,000.00............................................................................................3&3:89 307.00 94,001.00 to 95,000.00............................................................................................385-00 309.00 95,001.00 to 96,000.00............................................................................................397.00 311.00 96,001.00 to 97,000.00............................................................................................309-09 313.00 97,001.00 to 98,000.00............................................................................. ..............311.00 315.00 98,001.00 to 99,000.00............................................................................................313 0 317.00 99,001.00 to 100,000.00..........................................................................................31-5-00 320.00 100,000 and up........................................................................................................31590 320.00 . Plus, per thousand dollars ($1,000.00) of estimated construction cost thereafter, up to one million dollars ($1,000,000.00) total estimated construction cost ........................... .....9-75 0.90 Plus, per one thousand dollars ($1,000.00) of estimated construction costs thereafter .,OASO 0.60 (3) 'r'merit . five de"arn ($25,00) Thirty dollars ($30.00) for each re-inspection made by department inspectors of commercial and industrial projects. (4) Fifl ,dell fs ($50.00) Sixty dollars ($60.00)for each additional final inspection necessitated by the failure to pass the previous final inspection. 4 (7) Sign Permits. Fees shall be charges-d for the issuance of permits for the installation or erection of freestanding'signs; billboards, including outdoor and off-premises signs; facia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one(1) square foot or less of display area and embellishments: No fee b.One (1) square foot to twenty-five (25) square feet of display area and embellishments: Forty dollars($40.00); c.Twenty-six (26) square feet to fifty (50) square feet of display area and embellishments: Sixty dollars ($60:00); d Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Eighty-five dollars $85.00 ; e. In excess of one hundred (100) square feet of display area and embellishments: One hundred dellaF5 ($100.00) One hundred twenty dollars $120.00 ; f. Temporary signs: Initial permit, Thirty-five dollars ($35.00); each thiffy extension of a temporary permit, Forty-five dollars ($45.00). (8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 per square foot with a minimum fee of Thirty dollars $30.00 . 2. Thifty .five dollars ($35.00) per-house; b. Commercial; 1. $0.015_per square foot,.with a minimum fee of Forty doilars ($40.00 . h dollars 00)per- story on building which have iip to feuf-4housand (4000) square feet-�ery. 3 feuf thousand one (4,001) te ten thetisand 3. Sevenl�-five dollars ($75.00) Per- stor-Y on biAdings which have ten thousand ene (10,001)to twenty five (2,000) squafe 4. One hundred dellafs ($100-00)Per-stor-5' on buildings "ieh have even4wen�y- (25,000) squafe feet per-story, IL. Over 1,500 CFM capacity.................................................. 6GM 120.00 f 8) Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment: a. 1 to 5 horsepower, each........................................................15.00 17.00 b. 6 to 10 horsepower, each,.................................... ... . ...... A8 30.00 c. More than 10 horsepower, each............................................40,00 45.00 Rooftop combination furnace and air conditioning units, 60,000 to 300,000 Btu's, each: L. Up to 7 %z tons.................................................................... 40.08 45.00 b. 7 1/2 tons or more................................................................ 68:48 70.00 Heat pumps: a. 1,000 to 60,000 Btu's input.................................... 2$A9 30.00 b. 60,000 to 300,000 Btu's: ' 1. Up to 7 % tons, each.................................................4488 45.00 2. 7 % tons or more, each..............................................75.08 85.00 c. Earth, coupled water source...................................................38-08 60.00 LUI Boilers, steam or hot water: a. Up to 300,000 Btu's............................................. 2488 30.00 b. 300,000 Btu's or more..........................................................5498 60.00 Through-wall combination air conditioning/heating and VAV boxes w/coil: a. First unit................................................................................20.90 30.00 b. Each additional unit..............................................................1008 12.00 c. Solar heat units..................................................................... 3400 60.00 Air handlers a. 400 CFM to 2,500 CFM........................................................23:49 30.00 b. Over 2,500 CFM....................................................................69.08 70.00 (14) Back-up generators —gas line: a. 10 Kv or less. 30.00 b. Over 10 Kv. 50.00 Duct and register: a. First 15 openings,-per s stem..................................... 30.00 b. Each opening thereafter,per system,,... ................ . 1.00 ChangeFee.......:.......................................—--...................... Gas reconnection, each....................................................................... 29,40 3000 Gas piping (distribution of piping to equipment) to be included on permit application Each gas piping system, per outl et.......................................... 2:49 3.00 Woodburning stoves, per flue (including chimney and chimney connector)..................................................................... 28:00 30.00 (19) Each reinspection fee..............................................................,......,......25-09 30.00 (20) Each additional final inspection............................................................50.0 60.00 10 SECTION VIII. 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. D 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 2 at o'clock M. City Clerk Approved and signed by me on the day of 2. at o'clock In. Mayor, City of South Bend, Indiana Filed In Check' Office ,,:;t RFADiNG NOY 2011 P-JIBLIC HEAR[NG JOHN VOORD9 M PZEAMNG CITY CLERK SOUTH BEND,IN U0T APPROAD' L:FERRED PASSED e A City of South Bend Common Council M 1865 x 441 County-City Building a 227 W.Jefferson Blvd (574) 235-9321 South Bend, Indiana 45601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President ` l Oliver J. Davis ` ` � l Vice-President November 3, 2011 - Timothy A. Rouse Chairperson, Committee Members of the South Bend Common Council of the Whole 4'h Floor County-City Building Derek D. Dieter South Bend, Indiana 46601 First District ate: 2012 Salary Ordinance for the South Bend Common Council Henry Davis, Jr. Second District Dear Council Members: Thomas LaFountain The attached ordinance would establish salaries for members of the Third District Common Council for the 2012 calendar year. Ann Puzzello Council salaries have been frozen for four (4) years, with the last increase Fourth District being approved when ordinance No. 9449-03 was passed on September 3, David Varner 2003. Fifth District It is my understanding the separate ordinances establishing the maximum Oliver J. Davis salary for the Mayor and the maximum salary for the City Clerk are also Sixth District being filed. All proposed increases for South Bend City elected officials Al represent a 2% increase. The dollar amount increase for a Council At Large 3Cirsits Member would be $340. It is my further understanding that all elected g official salary ordinances would be sent to the Council's Personnel and Timothy A. Rouse Finance Committee for review and discussion. I seek your support of this 4t Large recommendation. Thank you. {areas L. White SincerelY� �] kt Large Derek D. Dieter Council President South Bend Common Council Attachment Filed - � cc: Office of the City Clerk M1} ` e Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH SEND, INDIANA, SETTING THE ANNUAL SALARIES FOR THE COUNCIL MEMBERS FOR CALENDAR YEAR 2012 STATEMENT OF PURPOSE AND INTENT Indiana Code § 36-4-7-2 sets forth the governing law for the City legislative body to "fix the annual compensation of all elected officials". The law provides in part that such compensation may "...not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year". The last increase for the salaries of members of the South Bend Common Council was in calendar year 2007 when a 1.75% increase representing $291. The Council Members salaries have been frozen since 2407. The following ordinance sets forth a two percent increase for the Common Council for the 2012 calendar year. CCAo601 6e xel m, le by the Common Council of the City of South Bend, Indiana, as follows: Section I. The members of the Common Council of the City of South Bend, Indiana, shall be paid from the General Fund the following annual salary amounts: Current Salary 2012_Sala r_y $16,898 $17,238 Section 11. 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 John Voorde, City Clerk ' d` ` .; � fi£ rf ' y.• i1£1 2012 South Bend Council Salary Ordinance Page 2 �w-ww&a! by me to the Mayor of the City of South Bend, Indiana on the day of 2011, at o'clock .m. Office of the City Clerk txnv�n!a�ua!�rsrr��! by me on the day of 2011, at o 'clock M. ' Stephen J. Luecke Mayor of the City of South Bend, Indiana Filed In' Cfork' off" I st READI IG ' PUBLIC HEARING Fov — 3 2011 ' 3 rd READING ' NOT APPROVED -n..,�. .._ .._._...,. REFERRED CITYCL.n;,:. _.`. �t-k's ,. •:,f lr�'. PASSED ORDINANCE NO. BILL NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE CITY CLERK FOR CALENDAR YEAR 2012 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as Clerk of the Common Council under Indiana Code § 36- 4-6-9 and maintains custody of its records. The City Clerk is also charged with maintaining all records as required by law; keeping the city seal; administering oaths; taking depositions; attending all regular and special meetings of the Council; and performing other duties as required by the Common'Council. The Common Council is required by under Indiana Code § 36-4-7-2 to fix the annual compensation of all elected city officers. Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint "the number of deputies and employees authorized by the city legislative body". In the interest of fairness, the following ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies and employees in the City Clerk's Office. d o,�gkinwd by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The annual compensation for the City Clerk of the city of South Bend, Indiana, for calendar year 2012 shall be and hereby is established at$54,938.00. 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. 0,,� a Member of the Common Council NOV _ 7 2 0. 1 ': 2012 City Clerk Salary Ordinance Page 2 Office of the City Clerk of Presented by me to the Mayor of the City of South Bend, Indiana, on the , 2011 at o'clock . m. day Office of the City Clerk by me on the day of O'clock .m. , 2011 at Stephen 1. Luecke Mayor of the City of South Bend, Indiana Pilau In Clerka OW,'C' 1.51 READING PUDLIC HEARING OV 'U11 3 rd READING NOT APPROVED REFERRED CIS sCt Ef ,Fkt9TF�tfa�,I(� PASSED CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER November 9, 2011 Mr. Derek Dieter President, South Bend Common Council 4'h Floor County City Building 227 W. Jefferson Blvd, South Bend, IN 46601 re: Ordinance Fixing the Salary for the Mayor of South bend for the fiscal year commencing on January 1, 2012 and ending December 31, 2012 Dear Council President Dieter: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the annual salary compensation for the Mayor of the City of South Bend for the fiscal year commencing on January 1, 2012 and ending December 31, 2012. The compensation represents a 2% increase from the 2011 salary ordinance amount. This bill is respectively submitted for 151 read filing with the Common Council for the council meeting scheduled for November 14, 2011, 2"0 read and public hearing, 3`d read and council vote at the November 28, 2011 Common Council meeting. 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. Respe vely submitted, Gregg Zien ara cc: S ph n J. Luecke, Mayor of the City of South Bend Ala an DeRose, Chief Assistant City Attorney John Voorde, Clerk of the City of South Bend Kathleen Cekanski-l=arrand, 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 B.(7RNESÞBVROLLP 500 1st Source Bank Center 100 north Michigan South Bend,IN 46601-1632 U.S.A, (574)233-1171 Philip J.Paccenda,Jr. Fax(574)237-1125 (574)237-1148 www.btlaw.com phihp.facccnda @btlaw.com November 8, 2011 HAND DELIVERED Mr. John Voorde Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South.Bend, Indiana 46601 Re: City of South Bend, Indiana Waterworks Revenue Bonds of 2012 Dear Mr. Voorde: Enclosed for filing are multiple copies of the Ordinance for the above-referenced City of South Bend, Indiana Waterworks Revenue Bonds of 2012 for financing waterworks projects in the City of South Bend as described in the Ordinance for first reading before the Common Council on November 14, 2011 and second reading on November 28, 2011. Please return a file- stamped copy to my attention. We have also enclosed a Memorandum from Dave Tungate to the Common Council providing further explanation of the projects to be financed by the Bonds. Please call me with any questions you may have. Very truly yours, BARNES & THORNBURG LLP 7�� Philip J. Faccenda, Jr. Filed In ler 'a prate PJF:ske „ Enclosures cc: John E. Broden, Esq. (w/enc.) OV 0 6 ,2 o.i`s' Mr. Gregg D. Zientara(w/enc.) Mr. David E. Tungate (w/enc.) JOHN W-101,; SBDS02 PFACCENDA 426080y] CITY C&,�#��Y f��s��' sM a,� Atlanta Chic"Igo Delaware Indiana Los Angeles Minneapdk Ohio Washington, D.C. ORDINANCE NO. An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Construction of Improvements to the Municipal Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Eight Million Three Hundred Thousand ($8,300,000); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City") has heretofore established, constructed and financed a municipal waterworks and now owns and operates said works pursuant to I.C. 8-1.5, as amended, and other applicable laws (together, the "Act"). The City's Municipal Waterworks Utility is subject to the authority and regulation of the Indiana Utility Regulatory Commission ("IURC") and has not withdrawn from the IURC's authority and regulation. The City will receive IURC approval prior to issuance of the 2012 Bonds (as hereinafter defined). The Common Council of the City (the "Council") now finds that certain improvements to said works are necessary; and that plans, specifications and estimates have been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully on Exhibit A) (the "Project"), which plans and specifications or other pertinent information have been or in a timely fashion will be submitted to all government authorities having jurisdiction, particularly the Indiana Department of Environmental Management ("IDEM"), if and to the extent IDEM approval is required under Indiana law, and have been or will be approved by the aforesaid government authorities and are hereby incorporated herein by reference and open for inspection at the office of the clerk of the City as required by law. The City has obtained engineer's estimates of the costs for the construction of the Project, and on the basis of said estimates, the estimated cost of the Project, including incidental expenses, will not exceed the amount of$8,300,000. The City's Department of Waterworks has prepared preliminary descriptions, specifications and estimates of the costs of the Project and, on or about November 21, 2011, the City's Board of Public Works (the `Board") adopted resolutions whereby they: (i) determined that the Project and the issuance of bonds to provide financing of the Project, together with expenses incidental thereto, are necessary and will be of general benefit to the City and its citizens; (ii) approved the Project and the issuance of the City of South Bend, Indiana Waterworks Revenue Bonds of 2012, in an aggregate principal amount not to exceed $8,300,000, subject to approval and proper action by this Common Council, (iii) recommended to the Council that such bonds be issued, and that the proceeds of such bonds (together with any investment earnings thereon) be applied to the payment of the costs of the Project, together with expenses incidental thereto, including expenses in connection with the issuance of such bonds; and (iv) approved the substantially final form of this ordinance and recommended to the Council the adoption of this ordinance, which sets forth the terms and conditions of the bonds to be issued hereunder. The Council finds that there are not available sufficient funds of the works to construct the Project, and that revenue bonds shall be issued to pay for costs of the Project, including incidental expenses. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2009, Series B" dated November 19, 2009 (the "2009B Bonds") originally issued in the amount of$5,380,000 authorized by Ordinance No. 9937-09 adopted by the Council on June 8, 2009 (the "2009 Ordinance"), now outstanding in the amount of$5,380,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2009, Series A" dated September 1, 2009 (the "2009A Bonds") originally issued in the amount of$429,000 authorized by the 2009 Ordinance, now outstanding in the amount of$429,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the "2006 Bonds") originally issued in the amount of $4,710,000 authorized by Ordinance No. 9603-05 adopted by the Council on July 25, 2005 (the "2005 Ordinance"), now outstanding in the amount of$4,065,000. The Council also finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2002" dated June 1, 2002 (the "2002 Bonds") originally issued in the amount of $5,580,000 authorized by Ordinance No. 9247-01 adopted by the Council on August 27, 2001 (the "2002 Ordinance"), now outstanding in the amount of$4,210,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") originally issued in the amount of $2,600,000 authorized by Ordinance No. 9095-00 adopted by the Council on February 28, 2000 (the "2000 Ordinance"), now outstanding in the amount of$1,466,320. The Council finds that there are also now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds") (the 2009B Bonds, the 2009A Bonds, 2006 Bonds, the 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the "Prior Bonds"), originally issued in the amount of$22,500,000 authorized by Ordinance No. 8801-97 adopted by -2 - the Council on June 23, 1 997 (the "1 997 Ordinance"), now outstanding in the amount of $2,140,000. The Council finds that on or about May 28, 2002, the Council adopted Ordinance No. 9328-02 (the "2002 Supplemental Ordinance"), which supplemented and amended the 2002 Ordinance, the 2000 Ordinance and the 1997 Ordinance to permit the City to substitute an insurance policy to provide funds for the Debt Service Reserve Account thereby freeing monies currently held in the Debt Service Reserve Account for use by and improvement of the waterworks. The 2002 Supplemental Ordinance, together with the 2009 Ordinance, the 2005 Ordinance, the 2002 Ordinance, the 2000 Ordinance and the 1997 Ordinance are sometimes collectively referred to herein as the "Prior Ordinances". The Council now finds that pursuant to the 2002 Supplemental Ordinance, the City entered into an Insurance Agreement with Financial Security Assurance Inc. ("FSA"), dated June 27, 2002 (the "FSA Insurance Agreement"), and pursuant to the FSA Insurance Agreement, FSA issued its Municipal Bond Debt Service Reserve Insurance Policy No. 29146-R, effective June 27, 2002 (the "2002 Reserve Insurance Policy"). The 2002 Reserve Insurance Policy covers principal and interest payments on the 1997 Bonds, 2000 Bonds and 2002 Bonds, up to the policy limit stated in the 2002 Reserve Insurance Policy. The initial policy limit of the 2002 Reserve Insurance Policy was set at $2,332,703. The Council now finds that pursuant to the 2005 Ordinance, the City entered into an Insurance Agreement with MBIA Insurance Corporation ("MBIA"), dated June 6, 2006 (the "MBIA Insurance Agreement"), and pursuant to the MBIA Insurance Agreement, MBIA issued its Debt Service Reserve Surety Bond No. 48026(2), effective June 6, 2006 (the "2006 Reserve Insurance Policy"). The 2006 Reserve Insurance Policy covers principal and interest payments on the 2006 Bonds, up to the policy limit stated in the 2006 Reserve Insurance Policy. The initial policy limit of the 2006 Reserve Insurance Policy was set at $365,826. The Prior Bonds constitute a first charge upon the Net Revenues (as hereinafter defined). The Prior Ordinances provide that the City may authorize and issue additional bonds payable out of the Net Revenues ranking on parity with the Parity Bonds (as hereinafter defined) for the purpose of financing the cost of future additions, extensions and improvements to the works subject to the provisions of the Prior Ordinances. The conditions precedent to the issuance of additional parity bonds set forth in the Prior Ordinances, as described above, have been satisfied, subject to approval by the State of Indiana(the "State"). The City desires to authorize the issuance of a bond anticipation note or notes hereunder, if necessary, payable from the proceeds of the revenue bonds authorized herein (the "BANs"), and to authorize the refunding of said BANs, if issued. The Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds and BANs have been complied with in accordance with the applicable provisions of the Act. - 3 - NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. Project. The City shall proceed with the Project in accordance with the cost estimates, and the plans and specifications heretofore prepared and filed by the consulting engineers employed by the City, which cost estimates, plans and specifications are hereby approved and are hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. The actions of the Board taken in connection with the Project are hereby approved, ratified, and confirmed. The Project shall be constructed and the bonds herein authorized shall be issued pursuant to and in accordance with the Act. The terms "works" and "utility" and other like terms where used in this Ordinance shall be construed to mean and include all structures and property of the City's waterworks utility. SECTION 2. Authorization of Obligations. (a) The City shall issue its "Waterworks Revenue Bonds of 2012" or such other designation as the Executive (as defined below) or the Fiscal Officer (as defined below) shall determine at the time of issuance of any series of bonds (the "2012 Bonds"), in one or more series (as designated by the City, a "Series"), in an original principal amount not to exceed Eight Million Three Hundred Thousand Dollars ($8,300,000) (the "Authorized Amount"), as negotiable, fully registered bonds, for the purpose of procuring funds to be applied to the costs of the Project, including without limitation reimbursement of preliminary expenses related thereto and all incidental expenses incurred in connection therewith(all of which are deemed to be a part of the Project), and the costs of selling and issuing the 2012 Bonds and funding a debt service reserve as described herein. The City reasonably expects to reimburse expenditures for the Project with the proceeds of the 2012 Bonds and this constitutes a declaration of official intent to reimburse expenditures under Treas. Reg. 1,150-2(e) and Indiana Code 5-1-14-6(c). The 2012 Bonds shall rank on parity for all purposes with the Prior Bonds. The 2012 Bonds shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, numbered consecutively from I upward, and dated the date of delivery. The 2012 Bonds shall bear interest at a rate or rates not exceeding eight percent (8%)per annum, and interest shall be payable semiannually on January 1 and July I in each year, with the beginning date of interest payments being finally determined by the Mayor as the executive of the City (the "Executive") and the Controller as the fiscal officer of the City, or any acting, assistant or deputy controller of the City (the "Fiscal Officer"), with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2012 Bonds to the Registrar for authentication. The 2012 Bonds shall be sold pursuant to I.C. 5-1-11, as amended. Interest on the BANS and the 2012 Bonds shall be calculated according to a 360-day calendar year containing twelve 30-day months. The 2012 Bonds shall mature on January 1 of each year beginning in the year and in such amounts as is deemed appropriate by the Executive and the Fiscal Officer, with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2012 Bonds to the Registrar for authentication, and over a period ending not later than 20 years after substantial completion of the Project. - 4 - All or a portion of the 2012 Bonds may be aggregated into and issued as one or more terra bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a redemption of serial bonds and, if more than one term bond of any maturity is outstanding, redemption of such maturity shall be made by lot. Sinking fund redemption payments shall be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this Ordinance, such mandatory sinking fund redemption payments shall be deemed to be required payments of principal which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive form of 2012 Bonds, relative to the form of 2012 Bonds contained in this Ordinance,to reflect any mandatory sinking fund redemption terms. (b) The City shall issue, if necessary, BANS for the purpose of procuring interim financing for the Project. Any such issuance shall be in accord with the provisions of Section 25 of this Ordinance. SECTION 3. Pledge of Net Revenues• Pa meat of Principal and Interest. The 2012 Bonds, and any bonds ranking on a parity therewith, including the Prior Bonds, as to principal, premium, if any, and interest, shall be payable solely from and are secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues (as defined in the following sentence) of the works. The term "Net Revenues," as used herein, shall be defined as the gross revenues of the works after deduction only for the payment of the reasonable expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not include any rates or charges in lieu of tames made and collected by the works and transferred to the City in accordance with the Act (the "PILOT Payment"). The City specifically subordinates its right to receive any PILOT Payment to the rights of the holders of the 2012 Bonds, and any Parity Bonds, including the Prior Bonds, to receive payment of the principal, premium, if any, and interest, payable on such bonds. PILOT Payments shall be made not more frequently than semiannually on January 2 and July 2 and may be made only if all monthly deposits required by this Ordinance are current and held as of such dates in the Operation and Maintenance Fund and the Sinking Fund (each as defined herein). Other than PILOT Payments and normal and regular pro rata payments to the City for shared expenses charged by the City to its various departments, no moneys derived from the revenues of the works shall be transferred to the General Fund of the City or be used for any purpose not connected with the works. All payments of interest on the 2012 Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar (the "Registration Record") or at such other address as is provided to the Paying Agent in writing by such registered owner. Each registered owner of$1,000,000 or more in principal amount of 2012 Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All principal payments and premium payments, if any, on the 2012 Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which - 5 - on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a registered owner of$1,000,000 or more in principal amount of 2012 Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on 2012 Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2012 Bonds are authenticated after the Record Date for 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 Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2012 Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2012 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2012 Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the names 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 with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2012 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 2012 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 Fiscal Officer 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 2012 Bond with their reasonable fees and expenses in this connection. Any 2012 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 2012 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 2012 Bonds issued hereunder. SECTION 5. Registrar and Paying A ent. The Fiscal Officer is hereby authorized to appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2012 Bonds (together with any successor, the "Registrar" or "Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2012 Bonds, and shall keep and maintain - 6 - the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform the services required of a Registrar and Paying Agent. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services its provides as Registrar and Paying Agent and such fees may be paid from the Sinking Fund established to pay the principal of and interest on the 2012 Bonds as fiscal agency charges. 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 2012 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 sent by first-class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2012 Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to the registered owners of the 2012 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 Registration Record. Any predecessor Registrar and Paying Agent shall deliver all the 2012 Bonds, cash or investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. As to the BANS, the Fiscal Officer shall serve as Registrar and Paying Agent and is hereby charged with the duties of Registrar and Paying Agent. SECTION 6. Terms of Red em Lion. The 2012 Bonds may be made redeemable at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, on dates and with premiums and other terms, as finally determined by the Executive with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2012 Bonds to the Registrar for authentication. Notice of redemption shall be mailed by first-class mail to the address of each registered owner of a 2012 Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2012 Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any 2012 Bond shall not affect the validity of any proceedings for the redemption of any other 2012 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2012 Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2012 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 2012 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. All 2012 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any 2012 Bond without charge to the holder thereof. - 7 - No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the 2012 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2012 Bond or portion thereof called for redemption until such 2012 Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. The BANS are prepayable by the City, in whole or in part, at any time upon seven (7) days' notice to the owner of the BANS, without any premium. SECTION 7, Execution and Negotiabili The 2012 Bonds shall be signed in the name of the City by the manual or facsimile signature of the Executive and attested by the manual or facsimile signature of the City Clerk, who also shall affix the seal of the City manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any officer whose signature or facsimile signature appears thereon shall cease to be such officer before the delivery of the 2012 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. The 2012 Bonds shall also be authenticated by the manual signature of the Registrar, and no 2012 Bond shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. The 2012 Bonds shall have all of the qualities and incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein. SECTION 8. Authorization for Book-Ent S stern. The 2012 Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of bonds to the purchasers. The following provisions of this Section apply in such event. One definitive 2012 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City and Registrar may, in connection herewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2012 Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2012 Bonds. During any time that the 2012 Bonds are held in book-entry form on the books of a Clearing Agency, (1) any such 2012 Bond may be registered upon Registration Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2) the Clearing Agency in whose name such 2012 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2012 Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest and premium, if any, on such 2012 Bond, the receiving of notice and the giving of consent; (3) neither the City nor the Registrar or Paying - 8 - Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2012 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2012 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 2012 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2012 Bond called for partial redemption, if any, prior to receiving payment so long as the Registrar and 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 2012 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2012 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2012 Bonds, then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2012 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2012 Bonds and to transfer the ownership of each of the 2012 Bonds to such person or persons, including any other Clearing Agency, as the holder of the 2012 Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2012 Bonds, shall be paid by the City. During any time that the 2012 Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owner of the 2012 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 2012 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2012 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 2012 Bonds are held in book-entry form on the books of a Clearing Agency, the Executive, the Fiscal Officer and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer Letter of Representations, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including without limitation same day funds settlement payment procedures. Further, during any time that the 2012 Bonds are held in book-entry form, the provisions of Section 8 of this Ordinance shall control over conflicting provisions in any other section of this Ordinance. - 9 - SECTION 9. Form of 2012 Bonds. The form and tenor of the 2012 Bonds shall be substantially as follows, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery: R-_ UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA WATERWORKS REVENUE BOND OF 20L--] Interest Maturity Original Authentication Rate Date Date Date CUSIP No. , 20 , 2012 , 2012 REGISTERED OWNER: PRINCIPAL SUM: Dollars (S___ The City of South Bend, in St. Joseph, County, State of Indiana (the "City"), for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special revenue fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond be subject to and be called for redemption prior to maturity as hereafter 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 the interest payment date (the "Record Date") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before , 20_, in which case it shall bear interest from the Original Date, which interest is payable semiannually on January 1 and July 1 of each year, beginning on 1, 20 . Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. [The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent"), in , Indiana.] All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record 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 - 10 - Registered Owner. Each Registered Owner of$1,000,000 or more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of, and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of$1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST HEREON EXCEPT FROM THE HEREINAFTER DESCRIBED SPECIAL FUND, AND NEITHER THIS BOND NOR THE ISSUE OF WHICH IT IS A PART SHALL IN ANY RESPECT CONSTITUTE A CORPORATE INDEBTEDNESS OF THE CITY WITHIN THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($_ }, numbered consecutively from 1 upward (the "Bonds"), issued for the purpose of providing funds to be applied on the cost of improvements to the City's waterworks (the "Project"), to refund interim notes issued in anticipation of the Bonds, if any, to fund a debt service reserve, and to pay incidental expenses and costs of issuance of the Bonds. This bond is issued pursuant to an ordinance adopted by the Common Council of said City on the day of , 2012, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Construction of Improvements to the Municipal Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Eight Million Three Hundred Thousand ($$,300,000); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance with the provisions of Indiana law, including without limitation Indiana Code 5-1.5, and other applicable laws, as amended (the "Act"), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. - 11 - Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on this bond and all other bonds of said issue, the Prior Bonds (as hereinafter defined), and any bonds hereafter issued on a parity therewith are payable solely from the Sinking Fund (the "Sinking Fund") maintained under the Ordinance to be provided from the Net Revenues (defined as the gross revenues of the works after deduction only for the payment of the reasonable expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not include any rates or charges in lieu of taxes made and collected by the works and transferred to the City in accordance with the Act. The City irrevocably pledges the entire Net Revenues of the works to the prompt payment of the principal of and interest on the Bonds and any bonds ranking on a parity therewith, including the "Waterworks Revenue Bonds of 2009, Series B dated November 19, 2009 (the "2009B Bonds"), "Waterworks Revenue Bonds of 2009, Series A" dated September 1, 2009 (the "2009A Bonds"), "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the "2006 Bonds"), "Waterworks Revenue Bonds of 2002" dated June 1, 2002 (the "2002 Bonds"),"Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") and the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds"), (the 2009B Bonds, the 2009A Bonds, the 2006 Bonds, the 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the "Prior Bonds"), each authorized by ordinance of the City, to the extent necessary for such purposes, and covenants that it will establish proper rates and charges for services rendered by the utility as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the works and for the payment of the sums required to be paid into the Sinking Fund under the provisions of the Act and the Ordinance. if the City or the proper officers thereof shall fail or refuse to so fix and collect such rates or charges, or if there be a default in the 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 in the Act. The City covenants that for so long as the Bonds and any bonds issued on a parity therewith, including the Prior Bonds, remain outstanding it will set aside and pay into the Sinking Fund a sufficient amount of the Net Revenues for the payment of (a) the principal of and interest on all bonds which by their terms are payable from the Net Revenues, as such principal and interest shall fall due, (b) the necessary fiscal agency charges for paying bonds and (c) an additional amount to maintain the reserve required by the Ordinance. Such required payments shall constitute a first charge upon all the Net Revenues. Reference is made to the Ordinance for a more complete statement of the revenues from which and conditions under which this bond is payable, a statement of the conditions on which obligations may hereafter be issued on parity with this bond, the manner in which the Ordinance may be amended and the general covenants and provisions pursuant to which this bond has been issued. The bonds of this issue maturing on and after January 1, 20— are redeemable at the option of the City on January 1, 20_, or any date thereafter, on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, at 100% of face value, together with the following premiums: - 12 - if redeemed on January 1, 20 or thereafter before January 1, 20—; if redeemed on January 1, 20 or thereafter before January 1, 20_; and 0% if redeemed on January 1, 20__, or thereafter prior to maturity; plus accrued interest to the date fixed for redemption. Each minimum authorized denomination in principal amount shall be considered a separate bond for purposes of partial redemption. Notice of such redemption shall be mailed by first-class mail not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption to the address of the registered owner of each bond to be redeemed as shown on the registration record of the City except to the extent such redemption notice is waived by owners of the bond or bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any bond shall not affect the validity of any proceedings for the redemption of any other bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers 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, and thereafter, such bonds shall no longer be protected by the Ordinance and shall not be deemed to be outstanding thereunder. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record 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 such attorney, 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. This bond may be transferred or exchanged without cost to the Registered Owner except for any tax or governmental charge required to be paid with respect to the transfer or exchange. The City, the Registrar, the Paying Agent and any other registrar or 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 _ 13 _ the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. The bonds maturing on any maturity date are issuable only in the denomination of $5,000 or any integral multiple thereof. 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 (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of any Bond, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises. 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 signature of the Mayor, and its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk. CITY OF SOUTH BEND, INDIANA By: Mayor (SEAL) ATTEST Clerk REGISTRAR'S CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. as Registrar By Authorized Representative - 14 - The following abbreviations, when used in the inscription of the face of this bond, shall be construed as through 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 7T. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRAN. MIN. ACT Custodian (Cult.) (Minor) under Uniform Transfer to Minors Act of (State) Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $ principal amount (must be a multiple of $1,000) 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, Dated: 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. - 15 - SECTION I0. Sale of Bonds. (a)(i) The Fiscal Officer shall cause to be published either (i) a notice of sale once each week for two consecutive weeks in accordance with I.C.§5-3-1-2, in which case the date fixed for the sale shall not be earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days after the second of such publications, or (ii) a notice of intent to sell bonds once each week for two weeks in accordance with I.C. §5-1-11-2 and I.C. §5-3-1-4 and in a newspaper of general circulation published in the State capital, in which case bids may not be received more than ninety (90) days,after the first of such publications. Said sale notice shall state the time and place of sale, the purpose for which the 2012 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 Fiscal Officer shall deem necessary. The Fiscal Officer is designated as the officer responsible for the sale of the 2012 Bonds, and shall provide or cause to be provided all notices required by law. All bids for the 2012 Bonds shall be sealed and shall be presented to the Fiscal Officer in accord with the terms set forth in the sale notice. Bidders for the 2012 Bonds shall be required to name the rate or rates of interest which the 2012 Bands are to bear, which shall be the same for all 2012 Bonds maturing on the same date and the interest rate bid on any maturity of 2012 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 hundredth of one percent. The Fiscal Officer shall award the 2012 Bonds to the bidder who offers the lowest interest cost, to be determined by computing the total interest on all the 2012 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding thereto the amount of the discount, if any. No bid for less than ninety-nine percent(99%) of the par value of the 2012 Bonds, plus accrued interest, shall be considered. The Fiscal Officer 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 of the aggregate principal amount of the 2012 Bonds as a guaranty of the performance of said bid, should it be accepted. 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 Fiscal Officer shall have full right to reject any and all bids. After the 2012 Bonds have been properly sold and executed, the Fiscal Officer shall receive from the purchasers payment for the 2012 Bonds and shall provide for delivery of the 2012 Bonds to the purchasers. (b) The 2012 Bonds, as and to the extent paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2012 Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. 16 - (c) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2012 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 "SEC Rule"), subject to completion as permitted by the SEC 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 Executive or the Fiscal Officer in the form of a final official statement. In order to assist any underwriter of the 2012 Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2012 Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing disclosure contract" shall mean that certain continuing disclosure contract executed by the City and dated the date of issuance of the 2012 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof, The execution and delivery by the City of the continuing disclosure contract, and the performance by the City of its obligations thereunder by or through any employee or agent of the City, are hereby approved, and the City shall comply with and carry out the terms thereof (d) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion as to the validity of the 2012 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the purchasers of the 2012 Bonds or to cause a copy of said legal opinion to be printed on each 2012 Bond. The cost of such opinion shall be paid out of the proceeds of the 2012 Bonds. (e) In connection with the sale of the 2012 Bonds, the Executive and the Fiscal Officer each are authorized to take such actions and to execute and deliver such agreements and instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 2012 Bonds, and the taking of such actions and the execution and delivery of such agreements and instruments are hereby approved. SECTION 11. Use of Proceeds. The accrued "interest received at the time of delivery of the 2012 Bonds, if any, and premium, if any, shall be deposited in the Bond and Interest Account of the Sinking Fund (as hereafter defined) and applied to payments on the 2012 Bonds on the first interest payment date. An amount of proceeds from the sale of the 2012 Bonds of any Series equal to the amount described in Section 14(b) will be deposited to the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of such Series and applied as described below. The remaining proceeds from the sale of the 2012 Bonds, to the extent not used to refund BANs issued pursuant to this Ordinance, shall be deposited in a fund of the utility hereby created and designated as "City of South Bend, Indiana Waterworks 2012 Bond Construction Fund" (the "Construction Fund"). The proceeds deposited in the Construction Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of the Project and the costs of selling and issuing the 2012 Bonds, including the premium for any bond insurance obtained for the 2012 Bonds. - 17 - Any balance remaining in the Construction Fund after the completion of the Project which is not required to meet unpaid obligations incurred in connection therewith and on account of the sale and issuance of the 2012 Bonds shall be paid into the Principal and Interest Account of the Sinking Fund and used solely for the purposes of such Account or used for the same purpose or type of project for which the 2012 Bonds were originally issued, all in accordance with I.C. 5-1-13, as amended or as otherwise permitted by law. SECTION 12. Revenue Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Revenue Fund (the "Revenue Fund"). All income and revenues of the works shall be paid into the Revenue Fund for application as described below. SECTION 13. Operation and Maintenance Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Operation and Maintenance Fund (the "Operation and Maintenance Fund") (also shown on the books of the utility as the Operating Fund). There shall be transferred from the Revenue Fund and credited to the Operation and Maintenance Fund, on the last day of each calendar month, a sufficient amount so that the balance in this 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 works on a day-to-day basis, but none of the moneys in the Operation and Maintenance Fund shall be used for depreciation, replacements, improvements, extensions or additions. Any balance in Operation and Maintenance Fund in excess of the expected expenses of operation, repair and maintenance for the next succeeding two calendar months may be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of or interest on the outstanding bonds of the works. SECTION 14. Sinking Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Sinking Fund (the "Sinking Fund"), to be used for the payment of the principal of and interest on bonds which by their terms are payable from the Net Revenues, and for the payment of any fiscal agency charges in connection with such payment. The Sinking Fund is divided into two accounts designated as the Bond and Interest Account and the Debt Service Reserve Account, which are pledged for the purposes set forth below. There shall be set aside and deposited in the Sinking Fund, as available, and as hereinafter provided, a sufficient amount of the Net Revenues to meet the requirements of the Bond and Interest Account (also shown on the books of the utility as the Bond Sinking Fund) and of the Debt Service Reserve Account, Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Debt Service Reserve Account, equals the amount needed to redeem all of the then outstanding bonds. (a) Principal and Interest Account. There shall be transferred, on 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-twelfth (1112) of the principal and one-sixth (116) of the interest on all then outstanding bonds payable from Net Revenues on the next succeeding principal and interest payment dates, until the amount so credited shall equal the principal payable during the next succeeding twelve (12) calendar months and the interest payable during the next succeeding six (6) calendar months. There shall similarly be credited to the account any - 18 - amount necessary to pay when due the bank fiscal agency charges for paying principal of and interest on the bonds 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 bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of bank fiscal agency charges. (b) Debt Service Reserve Account, The City may, upon the issuance of the 2012 Bonds of any Series, establish within the Debt Service Reserve Account a subaccount for the 2012 Bonds of such Series (each, a "2012 Subaccount"). The Debt Service Reserve Account (excluding any subaccounts established for any of the Bonds (each, a "Subaccount", and collectively, the "Subaccounts")) shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (as hereinafter defined) (excluding any Bonds for which a Subaccount was established), and the moneys in the Debt Service Reserve Account (excluding any Subaccounts) shall be used to pay current principal and interest on the Bonds (excluding any Bonds for which a Subaccount was established) to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. The 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the 2012 Bonds of such Series, and the moneys in such 2012 Subaccount shall be used to pay current principal and interest on the 2012 Bonds of such Series to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (c) No amounts in the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series shall be available to pay any principal of or interest or redemption premium, if any, on any Bonds, except the 2012 Bonds of such Series. (d) No amounts in the Debt Service Reserve Account shall be available to pay any principal of or interest or redemption premium, if any, on any 2012 Bonds of any Series for which a 2012 Subaccount was established, except that any amounts in the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series shall be available to pay the principal of or interest or redemption premium, if any, on the 2012 Bonds of such Series. (e) In this Ordinance the term "Parity Bonds" means any and all bonds ranking on a parity with the 2012 Bonds issued hereunder (including the Prior Bonds) which are (i) now outstanding or issued in the future by the City and (ii) which are payable from the net revenues of the City's waterworks. (f) In this Section 14, the term `Bonds" means the 2012 Bonds issued hereunder and all Parity Bonds. (g) In this Ordinance, the term "Reserve Requirement" for the Bonds (excluding any Bonds for which a Subaccount was established) means the least of: (i) the maximum annual debt service on the Bonds (excluding any Bonds for which a Subaccount was established), (ii) 125% of the average annual debt service on the Bonds (excluding any Bonds for which a Subaccount was established), or (iii) 10% of the proceeds of the Bonds (excluding any Bonds for which a Subaccount was established). In this Ordinance, the term "Reserve Requirement" for the 2012 Bonds of each Series for which a 2012 Subaccount was established - 19 - means the least of: (i) the maximum annual debt service on the 2012 Bonds of such series, (ii) 125% of the average annual debt service on the 2012 Bonds of such Series, or (iii) 10% of the proceeds of the 2012 Bonds of such Series. (h) Subject to Section 14(i) and Section 140) below, the City shall maintain in the Debt Service Reserve Account (excluding any Subaccounts) an amount equal to the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount was established). Subject to Section 14(i) and Section 140) below, the City shall maintain in the woI] Subaccount of the Debt Service Reserve Account for the 2012 Bonds of each Series for which a 2012 Subaccount was established an amount equal to the Reserve Requirement for the 2012 Bonds of such Series. (i) To the extent that the amount in the Debt Service Reserve Account (excluding any Subaccounts) on the date of the issuance of the 2012 Bonds of any Series is less than the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount was established), that portion of the shortfall which exists as of the date of issuance of the 2012 Bonds of such Series shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into the Debt Service Reserve Account (excluding any Subaccounts) either (i) in a single payment, to be paid on the date of the issuance of the 2012 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2012 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2012 Bonds of such Series, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2012 Bonds of such Series are issued. To the extent that the amount in the 2012 Subaccount of the Debt Service Reserve Account for the 2012 Bonds of any Series on the date of the issuance of the 2012 Bonds of such Series is less than the Reserve Requirement for the 2012 Bonds of such Series, that portion of the shortfall which exists as of the date of issuance of the 2012 Bonds of such. Series shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into such 2012 Subaccount either (i) in a single payment, to be paid on the date of the issuance of the 2012 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2012 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2012 Bonds of such Series, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2012 Bonds of such Series are issued. 0) To the extent that additional Parity Bonds are issued subsequent to the issuance of the 2012 Bonds of any Series, the additional amounts, if any, which are required to be paid into the Debt Service Reserve Account to satisfy the Reserve Requirement as a result of the issuance of such additional Parity Bonds shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into the Debt Service Reserve Account either (i) in a single payment, to be paid on the date of the issuance of such additional Parity Bonds, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of such additional Parity Bonds, with the first installment due and payable on the date of the issuance of such additional Parity Bonds, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which such additional Parity Bonds are issued. - 20 - (k) Subject to Section 14(i) and Section 140) above, any deficiency in the balance maintained in the Debt Service Reserve Account (excluding any Subaccounts) or any Subaccounts shall be promptly made up from the next available Net Revenues after credits into the Bond and Interest Account, on a pro rata basis, calculated by reference to the amount of the deficiency in the Debt Service Revenue Account (excluding any Subaccounts) and each Subaccount. Any moneys in the Debt Service Reserve Account (excluding any Subaccount) in excess of the Reserve Requirement for the Bonds (excluding any Bonds for which a Subaccount was established), and any moneys in the 2012 Subaccount for the 2012 Bonds of any Series for which a 2012 Subaccount was established in excess of the Reserve Requirement for the 2012 Bonds of such Series, may be used for the prepayment of installments of principal, together with interest due thereon, on the then outstanding Bonds which are then callable or prepayable, or for the purchase of outstanding Bonds or installments of principal of and interest on the Bonds at a price not exceeding par and accrued interest, or may be transferred to the Improvement Fund. (1) As an alternative to holding cash funds in the Debt Service Reserve Account or any Subaccount, the City, with the advice of the City's financial advisor and nationally recognized bond counsel, may satisfy all or any part of its obligation to maintain any amount in the Debt Service Reserve Account or such Subaccount by depositing a Credit Facility (as defined in the next sentence)therein (which, for any 2009 Bonds for which a Subaccount was established and which were sold to the Indiana Finance Authority through the SRF Program (as hereafter defined), will require the written consent of the Indiana Finance Authority to the deposit of any such Credit Facility), provided that such deposit does not adversely affect any then existing rating on the Bonds. 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. To the extent that any Bonds are insured, and the Credit Facility is not being provided by the insurer of such Bonds, such insurance policy shall be subject to the insurer's prior written consent. (m) In the event a draw is made against the Credit Facility in the Debt Service Reserve Account or any Subaccount, the City shall repay the amount of the draw and related expenses incurred by the issuer(s) of the Credit Facility (the "Credit Facility Issuer") together with interest thereon at the rate specified in the Credit Facility and/or the related Credit Facility Agreement(as defined below). The repayment of the draw amount, related expenses and accrued interest (the "Credit Facility Costs") shall be paid from the funds that would have been set aside above to replenish the Debt Service Reserve Account or such Subaccount, respectively. Repayment of the Credit Facility Costs shall commence in the first month following each draw, in an amount equal to no less than one twelfth (1/12) of the aggregate Credit Facility Costs related to such draw ("Monthly Installments"). Each Monthly Installment shall be deposited by the City into the Debt Service Reserve Account or such Subaccount, respectively, and then payments shall be made from the Debt Service Reserve Account or such Subaccount, respectively, to pay Credit Facility Costs. (n) If and to the extent cash has been deposited to the Debt Service Reserve Account or any Subaccount (other than Monthly Installments to pay Credit Facility Costs), all such cash (or permitted investments) shall be used prior to any drawing under the Credit Facility - 21 - therein, and repayment of any Credit Facility Costs shall be made prior to replenishment of any such cash amounts. (o) If, in addition to the Credit Facility in the Debt Service Reserve Account or any Subaccount, any other reserve account substitute instrument ("Additional Credit Facility") is provided, drawings under the Credit Facility and any such Additional Credit Facility, and repayment of Credit Facility Costs and reimbursement of amounts due under the Additional Credit Facility, shall be made on a pro-rata basis (calculated by reference to the maximum amounts available thereunder) after applying all available cash therein and prior to replenishment of any such cash draws, respectively. (p) Inasmuch as the Reserve Requirement pertaining to the 1997 Bonds, the 2000 Bonds, the 2002 Bonds and the 2006 Bonds is currently being satisfied by the 2002 Reserve Insurance Policy and 2006 Reserve Insurance Policy, the City with the advice of the City's financial advisor and nationally recognized bond counsel,, may satisfy the Reserve Requirement pertaining to the 2012 Bonds of any Series as follows: (i) by amending the terms of either the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy to expand the scope of either the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy to include the 2012 Bonds of such Series, and by adjusting the Policy Limit of the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy accordingly; or (ii) by obtaining a separate Additional Credit Facility covering the Reserve Requirement attributable to the 2012 Bonds of such Series; or (iii) by funding the Reserve Requirement attributable to the 2012 Bonds of such Series in cash funds, either (i) in a single payment, to be paid on the date of the issuance of the 2012 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2012 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2012 Bonds of such Series, and the remaining installments payable on the Iast day of each calendar month, commencing on the last day of the month in which the 2012 Bonds of such Series are issued. (q) The City acknowledges that: (i) at the time that the 2009A Bonds were issued, the City, pursuant to the 2009 Ordinance, established within the Debt Service Reserve Account a subaccount for the 2009A Bonds (the "2009A Subaccount"); (ii) such 2009A Subaccount constitutes the margin for safety and as protection against default in the payment of principal of and interest on the 2009A Bonds; (iii) the moneys in such 2009A Subaccount shall be used to pay current principal and interest on the 2009A Bonds, to the extent that moneys in the Bond and Interest Account are insufficient for that purpose; (iv); the 2009A Bonds were sold to the Indiana Finance Authority pursuant to its Drinking Water Revolving Loan Program (the "SRF Program") and pursuant to the 2009 Ordinance the "Reserve Requirement" for the 2009A Bonds for which the 2009A Subaccount was establish means the maximum annual debt service - 22 - on the 2009A Bonds; and (v) each of the provisions in the 2009 Ordinance pertaining to the 2009A Subaccount remain in full force and effect. SECTION 15. Improvement Fund. After meeting the requirements of the Operation and Maintenance Fund and the Sinking Fund, any excess revenues may be transferred from the Revenue Fund and credited to the special utility fund hereby continued which was created and designated in the Prior Ordinances as the "Waterworks Improvement Fund" (the "Improvement Fund") (also shown on the books of the utility as the Depreciation Fund), and said Fund shall be used for improvements, replacements, additions and extensions of the works. Moneys in the 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, or may be transferred to the Operation and Maintenance Fund to meet unforeseen contingencies in the operation and maintenance of the works. SECTION 16. Investment of Funds. The Revenue Fund and the Sinking Fund each shall be deposited in and maintained as a separate bank account or accounts from all other bank accounts of the City. The Operation and Maintenance Fund and the Improvement Fund may be maintained in a single bank account or accounts, but such bank account or accounts shall likewise be maintained separate and apart from the Revenue Fund and all other bank accounts of the City and apart from the Revenue Fund and the Sinking Fund bank accounts. All moneys deposited in the bank accounts shall be deposited, held and secured as public funds in accordance with the public depository laws of the State of Indiana; provided, that moneys therein may be invested in obligations in accordance with the applicable laws, including particularly Indiana Code, Title 5, Article 13, Chapter 9 as amended or supplemented, and in the event of such investment the income therefrom shall become a part of the funds invested and shall be used only as provided in this Ordinance. SECTION 17. Financial Records and Accounts. The City shall keep proper records and books of account, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues received on account of the operation of the utility and all disbursements made therefrom and all transactions relating to the utility. The City shall maintain on file the audited financial statements of the utility prepared by the State Board of Accounts. There shall be furnished, upon written request, to any owner of the 2012 Bonds, the most recent copy of the audited financial statements of the utility prepared by the State Board of Accounts. Copies of all such statements and reports shall be kept on file in the office of the Fiscal Officer. SECTION 18. Rate Covenant. The City, by and through the Board and to the fullest extent permitted by law, shall establish, fix, maintain and collect reasonable and just rates and charges for the use of and the services rendered by the works so that such rates and charges shall produce revenues at least sufficient in each year to (a) pay all the legal and other necessary expenses incident to the operation of the works, including maintenance costs, operating charges, upkeep, repairs, and interest charges on bonds or other obligations, including leases; (b) provide a sinking fund for the liquidation of bonds or other obligations, including leases; (c) provide a debt service reserve on bonds or other obligations, including leases, as required by the terms of such obligations; (d) prove adequate money for working capital; (e) provide adequate money for - 23 - making extensions and replacements; and (f) provide money for the payment of any taxes that may be assessed against the works. So long as any of the 2012 Bonds are outstanding, none of the facilities and services afforded by the works shall be furnished without a reasonable and just charge being made therefor. SECTION 19. Defeasance. If, when the 2012 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 2012 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 2012 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 2012 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. SECTION 20. Additional Bonds. The City reserves the right to issue additional bonds payable out of the Net Revenues ranking on a parity with the 2012 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the works, or to provide for a complete or partial refunding of obligations, subject to the following conditions precedent: (a) The interest on and principal of all bonds payable from the Net Revenues shall have been paid to date in accordance with the terms thereof, and all required payments into the Sinking Fund required by this Ordinance shall have been made. The Reserve Requirement shall be satisfied for the additional Parity Bonds either at the time of delivery of the additional Parity Bonds or over a five-year or shorter period, in a manner which is commensurate with the requirements established in ,Section 14 of this Ordinance. (b) The Net Revenues in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2012 Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual principal and interest requirements of the then outstanding bonds (including the 2012 Bonds and the Prior Bonds) and the additional Parity Bonds proposed to be issued; or, prior to the issuance of the additional Parity Bonds, the water rates and charges shall be increased sufficiently so that the increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for the year equal to not less than one hundred twenty-five percent (125%) of the maximum annual principal and interest requirements of the then outstanding bonds and the additional Parity Bonds proposed to be issued. For purposes of this subsection, the records of the works shall be analyzed and all showings shall be prepared by an independent certified public accountant employed by the City for that purpose. (c) To the extent required by law, the issuance of the proposed additional Parity Bonds and any necessary increase in water rates and charges shall have been approved by the Indiana Utility Regulatory Commission, or any successor body vested by law with authority to approve bonds and water rates and charges of municipal waterworks. - 24 - (d) The principal of said additional Parity Bonds shall be payable on January 1 and the interest shall be payable on January 1 and July 1 during the periods such principal and interest are payable. (e) So long as the 2000 Bonds, the 2009A Bonds or any other Parity Bonds sold to the Indiana Finance Authority through the SRF Program remain outstanding, the City shall obtain the consent of the Indiana Finance Authority to the issuance of the proposed additional Parity Bonds. SECTION 21. Further Covenants of the City. For the purpose of further safeguarding the interests of the owners of the 2012 Bonds, it is hereby specifically provided as follows: (a) The City, through the Board, shall at all times maintain the works in good condition, and operate the same in an efficient manner and at a reasonable cost. (b) So long as any of the 2012 Bonds are outstanding, the City, through the Board, 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 entities 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. As an alternative to maintaining such insurance, the City may maintain a self-insurance program with catastrophic or similar coverage so long as such program meets the requirements of any applicable laws or regulations and is maintained in a manner consistent with programs maintained by similarly situated municipalities. Insurance proceeds or self-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. (c) So long as any of the 2012 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber the works, or any part thereof, and shall not sell, lease or otherwise dispose of any part of the same, excepting only such machinery, equipment or other property as may be replaced, or shall no longer be necessary for use in connection with said utility; provided, the foregoing restrictions shall not apply to the extent approved otherwise in writing by the owners of all 2012 Bonds then outstanding, and the City receives an opinion of nationally recognized bond counsel to the effect that the transaction will not cause the interest on the 2012 Bonds to be included in gross income for federal income tax purposes. (d) Reserved. (e) Except as otherwise specifically provided in Section 20 of this Ordinance and in the Prior Ordinances, so Iong as any of the 2012 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the works shall be issued by the City, except such as shall be made junior and subordinate in all respects to the 2012 Bonds, unless all of the 2012 Bonds are defeased, redeemed or retired coincidentally with the delivery of such additional bonds or other obligations. Such subordinate obligations shall be subject to the provisions of Section 20(d). (f) The provisions of this Ordinance shall constitute a contract by and between the City and the owners of the 2012 Bonds, all the terms of which shall be enforceable by any such owner by any and all appropriate proceedings in law or in equity. After the issuance - 25 - of the 2012 Bonds and so long as any of the principal thereof or interest or premium, if any, thereon remains unpaid, except as expressly provided herein, this Ordinance shall not be repealed or amended in any respect which, in the determination of the Council in its sole discretion, will materially and adversely affect the rights of such owners, nor shall the Council or any other body of the City adopt any law, ordinance or resolution which, in the determination of the Council in its sole discretion, in any way materially and adversely affects the rights of such owners. (g) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2012 Bonds for the uses and purposes herein set forth, and the owners of the 2012 Bonds shall retain a lien on such proceeds until the same are applied in accordance with the provisions of this Ordinance and the Act. The provisions of this Ordinance shall also be construed to create a trust in the Net Revenues herein directed to be set apart and paid into the Sinking Fund for the uses and purposes of that Fund as set forth in this Ordinance. The owners of the 2012 Bonds shall have all the rights, remedies and privileges set forth in the Act. (h) All contracts let by the City in connection with the construction of 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 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. (1) The Project shall be constructed under plans and specifications approved by a competent engineer designated by the City. All estimates for work done or material furnished shall first be checked by the engineer and approved by the City. SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and provisions contained in this section and Sections 21 and 23, the owners of not less than a majority in aggregate principal amount of the 2012 Bonds and then outstanding shall have the right, from time to time, to consent to and approve the adoption by the Council of such ordinance or ordinances supplemental hereto, as shall be deemed necessary or desirable by the City for the purpose of amending in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental Ordinance; provided, however, 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 2012 Bond or an advancement of the earliest redemption date on any 2012 Bond, without the consent of the holder of each 2012 Bond so affected; or (b) A reduction in the principal amount of any 2012 Bond, the redemption premium, the Reserve Requirement therefor or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable, without the consent of the holder of each 2012 Bond so affected; or - 26 - (c) The creation of a lien upon or a pledge of the Net Revenues ranking prior to the pledge thereof created by this Ordinance, without the consent of the holders of all 2012 Bonds then outstanding; or (d) A preference or priority of any 2012 Bond over any other 2012 Bond, without the consent of the holders of all 2012 Bonds then outstanding; or (e) A reduction in the aggregate principal amount of the 2012 Bonds required for consent to such supplemental ordinance, without the consent of the holders of all 2012 Bonds then outstanding. 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 Record. 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 20I2 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2012 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 2012 Bonds of not less than a majority in aggregate principal amount of the 2012 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 2012 Bonds, whether or not such owners shall have consented thereto. No owner of any 2012 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 Council 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 his 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 2012 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 2012 Bonds, and the terms and provisions of the 2012 Bonds and this Ordinance, or any supplemental ordinance, may be modified or amended in any respect with the consent of the City and the consent of the owners of all the 2012 Bonds then outstanding. -27 - SECTION 23. Amendments Without Consent of Bondholders. The Council may, from time to time and at any time, and without notice to or consent of the owners of the 2012 Bonds, adopt such ordinances supplemental hereto (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; (b) To grant to or confer upon the owners of the 2012 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2012 Bonds; (c) To procure a rating on the 2012 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance, in the determination of the Council in its sole discretion, will not materially and adversely affect the owners of the 2012 Bonds; (d) To obtain or maintain bond insurance with respect to the 2012 Bonds; (e) To provide for the refunding or advance refunding of the 2012 Bonds; (f) To provide for the issuance of additional bonds as provided in Section 20 hereof; or (g) To make any other change which, in the determination of the Council in its sole discretion, is not to the material prejudice of the owners of the 2012 Bonds. SECTION 24. Tax Matters. In order to preserve the exclusion of interest on the 2012 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2012 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 2012 Bonds or property financed by the 2012 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 2012 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 2012 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2012 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 2012 Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2012 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2012 Bonds pursuant to Section 103 of the Internal - 28 - Revenue Code of 1986, as amended (the "Code"), and the regulations thereunder as applicable to the 2012 Bonds, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2012 Bond proceeds or other monies treated as 2012 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 notwithstanding anything else to the contrary herein, in trust for such purposes. (d) The City will file an information report on Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2012 Bond is outstanding hereunder which would cause any 2012 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as applicable to the 2012 Bonds. Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Sections") which are designed to preserve the exclusion of interest on the 2012 Bonds from gross income under federal law (the "Tax Exemption") need not be complied with to the extent the City receives an opinion of nationally recognized bond counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. SECTION 25. Issuance of)LANs; Other Actions. (a) The City, having satisfied all the statutory requirements for the issuance of the 2012 Bonds, has the authority to elect to issue a bond anticipation note or notes, repayable from the proceeds received from the sale of the 2012 Bonds (defined herein as the `BANS"). This Council hereby authorizes the issuance and sale of the BANS pursuant to I.C. §5-1-14-5 in one or more series, ranking on a parity with each other, in original aggregate principal amount not to exceed Eight Million Three Hundred Thousand Dollars ($8,300,000) to provide interim financing until permanent financing becomes available and to pay for costs of issuing the BANS, and the BANS also may fund capitalized interest thereon. The designation of the BANS shall be "City of South Bend, Indiana Waterworks Bond Anticipation Note of 20 ". The BANS shall be issued in fully registered form in denominations of Five Thousand Dollars ($5,000), or integral multiples thereof, shall be originally dated the date of delivery, shall be numbered consecutively from 1 upward, shall mature not more than five (5) years from the date of issuance, may be renewed or extended from time to tune, over a period not exceeding five (5) years from the date of the original issuance of the BANS, in accord with I.C. §5-1.1-5, shall be prepayable on seven (7) days' notice in whole or in part in any authorized denomination without premium or penalty, shall bear interest at a rate not exceeding eight percent (8%) per annum, and shall be sold at a discount not exceeding ninety-nine percent (99%) of the principal amount thereof. Interest on the BANS shall be payable at maturity. It shall not be necessary for the City to repeat the procedures for the issuance of the 2012 Bonds as the procedures followed before the issuance of the BANS are for all purposes sufficient to authorize the issuance of the 2012 Bonds and to use proceeds thereof to repay the BANs. The principal of the BANS herein authorized is payable solely from proceeds received from the sale of the 2012 Bonds, and the interest thereon may be paid from such proceeds or - 29 - from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2012 Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANs. The Executive is hereby authorized to determine the form of the BANs and to execute the BANS, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANS and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANS. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANS and to provide for delivery of the BANs to the purchaser. The City may receive payment for the BANs in installments. .Proceeds received from the sale of the BANs shall be deposited in the Construction Fund referred to in Sec. 11 of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANS. In any case any officer whose signature or a facsimile signature appears on the BANS shall cease to be such officer before delivery of the BANs, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANs. Upon execution of the BANS by the Executive and attestation thereof by the City Clerk, the BANs shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANS provided by the Code (as defined in Section 24). In furtherance of the foregoing, the provisions of Section 24 of this Ordinance shall apply to the BANs in the same manner as they apply to the 2012 Bonds. The BANs shall be subject to transfer or exchange in the same manner as the 2012 Bonds, as described in Section 4, and to amendment in the same manner as the 2012 Bonds, as described in Sections 22 and 23. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANs in such form or substance as they shall approve. As an alternative to any terms of the BANs set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Project or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the works are set forth or described in Ordinance No. 9651-05 adopted by the Council on January 10, 2005. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. - 30 - (c) The Credit Facility Issuer is granted a security interest (subordinate to that of the owners of the 2012 Bonds) in all revenues and collateral pledged as security for the 2012 Bonds, for the repayment of the Credit Facility Costs. (d) No additional bonds payable from the Net Revenues will be issued without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and still owing to the Credit Facility Issuer. (e) This Ordinance shall not be modified or amended, except as provided in Section 23 herein, without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's waterworks at such address as may be specified, from time to time, by the Credit Facility Issuer. SECTION 33. Payment on Bonds in the Event of Default. In the event available moneys are insufficient to pay debt service on the 2012 Bonds and any Parity Bonds when due; available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2012 Bonds and any Parity Bonds as follows: to the payment to the persons entitled thereto of all unpaid installments of interest then due on, and the unpaid principal of, the 2012 Bonds and any Parity Bonds, including interest on any past due principal of any 2012 Bond or Parity Bond at the rate borne by such 2012 Bond or Parity Bond, in the order of the maturity of the installments of such interest and the due dates of such principal and, if the amount available shall not be sufficient to pay in full any particular installment of interest or maturity of principal, then to such payment ratably, according to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or any preference of or priority of interest over principal or principal over interest. During the continuance of any default in the payment of either principal of or interest or premium on any 2012 Bonds or Parity Bonds, no payment shall be made with respect to any subordinate obligations issued pursuant to Section 21(e). Moneys available for payment to holders of such subordinate obligations shall, in the event of an insufficient amount being available to pay all debt service with respect to the subordinate obligations when due, be applied to the subordinate obligations in accordance with the sequence and other terms set forth above with respect to payments regarding 2012 Bonds and Parity Bonds unless otherwise provided in the ordinance authorizing the subordinate obligations. SECTION 34. Actions and Agreements. Each of the Executive, the Fiscal Officer 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. - 32 - PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this day of 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: � (j, (. Member of the Common Co&cil 810, wd =Filed In Offlee F11 In —a]NOV 0 8 zol C C'Ty 17TYCLEkK, e I st READING PUBLIC HEARING 3 rd READING NOT APPROVED - 33 REFERRED PASSED Exhibit A PROJECT DESCRIPTION The Project consists of upgrades, expansions, additions, replacements, extensions and improvements to the Waterworks, including: Distribution System 1. Repalce water main on South Bend Avenue from Twyckenham Avenue to Eddy Street 2. Replace water main on Ewing Avenue from Locust Road. to Walnut Street 3. Install water main on Bailey Avenue to Burdette Street to supply Legacy Court 4. Install water main to connect South Well field to the South Pressure Zone S. Install a water main under the railroad tracks on 30th Street 6. Install a new well at the Cleveland Road North well field 7. Modify pressure reducing valves Other projects 1. Acquire additional automated meter reading meters 2. Acquire hydro-excavation truck for water system repairs 3. Security upgrades to water facilities including technology Pinhook Upgrade 1. Improve chemical feed system 2. Replace filter media for greater filtering capacity 3. Aerator removal and detention tank modification 4. Improve metering applications S. Replace existing high service pumps and drives 6. Upgrade filter equipment 7. HVAC system renovation Making any and all additional improvements related to the foregoing. SBDS02 ABF 425447v5 X, 18�� x INTER-OFFICE MEMORANDUM Department of Public Works UWE�`"' Water Works �o11,LA � TO: City Council FROM: Dave Tungate SUBJECT: 2012 Revenue Bonds DATE: November 8, 2011 The South Bend Water Works plans to issue revenue bonds in the amount of$8.3 million. There is no rate increase associated with this bond issue. A revenue bond from 1997 will be paid off in January 2012. We plan to use the money dedicated to the principal and interest payment for the 1997 bonds to pay for the new revenue bonds. There will be no rate increase necessary to pay for this revenue bond. The 2012 bond projects can be divided into three categories. One category is distribution system improvements. These projects will include water main extensions from our water system master plan, which will allow us to more efficiently move water through our water system. A second category includes equipment purchases such as automated meter reading water meters, a hydra excavation truck, and upgraded site security equipment. The third category is an upgrade to the water treatment capacity at the Pinhook Filtration Plant. This treatment plant has the infrastructure to produce additional water with minor upgrades. Additional water production from Pinhook will allow us to be more flexible with our water production facilities. Filr!NOV ler ' Office 06 m i JOHN VOORC?E MY CLERK,SOUTH SEND,IN 5aa�;g eF City of South Bend. �,e Common Council 1865 441 County-City Building. 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574)235-9173 October 19,2011 http:t/www.southbendJn.gov Derek D. Dieter President Members of the South Bend Common Council Oliver J. Davis 4 t Floor County-City Building Vice-President South Bend,Indiana 46601 Timothy A. Rouse Dear Council Members: Chairperson, Committee of the Whole We are introducing the attached resolution for your review and support. Derek On October , rojecuure Chairman o the Board of Directors,Mr.Phillip First District Diener r 18 2011 P t F h f i Ch t trict p A. Newbold published a statement describing the "Transition Plans" of Project Henry Davis,Jr. Future. Mr. Newbold clearly described a strategic paradigm shift "to focus more Second District resources on new business startups and to commercialize more of the technologies coming out of Notre Dame and Indiana University". A complete copy of Nr. Thomas LaFountain Newbold's statement is attached. Third District Ann Puzzello As you will recall, this Council unanimously passed Ordinance No. 10081-11 Fourth District revising Chapter 14,5, Article I of the South Bend Municipal Code. The ordinance became law on April 23,2011. David Varner Fifth District As stated in the"Statement of Purpose and Intent"in Ordinance No. I0081-11: Oliver J. Davis "...it is aimed to maximize participation and opportunities in South Sixth District Bend by facilitating networking,outreach,communication,education, training,internal accountability and employment opportunities for, Al "Buddy" Kirsits qualified MBE and WBE. It is designed to be pro-active,fair and a At Large reasonable,and in the best interest of our city". Timothy A. Rouse We are also attaching a document entitled"A Proposal for the Creation of a Minority At Large and Women Business Development Program in South Bend,Indiana". The proposal Karen L. White outlines a Minority and Women Business Development Program (MWBDP) in At Large South Bend,Indiana that is separate from,but enhances Ordinance No. 1001-11.We i seek your support and look forward to discussing this with you. i, S'n e Henry Davis,Jr. Oliver Davis, i 211",District Council Member 61h District Council Member ba _„ Timothy A. Rouse Karen L.White j , U. Council Member at Large Council Member at Large RESOLUTION A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SUPPORTING THE APPROPRIATION OF$179,100 FOR THE CREATION OF THE MINORITY AND WOMEN BUSINESS DEVEL2EMENT PROGRAM IN SOUTH BEND INDIANA fostering new business start-ups and commercializing more of the technologies taming out of the University of Notre Dame and Indiana University South Bend is an enhanced focus of community leaders;and LWA_m" the South Bend Common Council aims to maximize participation and opportunities in the City of South Bend by facilitating networking, outreach, communication, education,training,internal accountability and employment opportunities for all of the residents of South Bend,Indiana;and the South Bend Common Council embraces programs designed to be pro-active, fair and a reasonable mechanism;and the South Bend Common Council believes such programs to be reasonable,and in the best interest of our City. caN ^°A, 6y A.WanoAeoA.%.Z94f.W*./ M.4 QF as follows: Section 1. The South Bend Common Council recognizes Sallie and Associates for the document entitled "A Proposal for the Creation of Minority and Women Business Development Program(MWBD)in South Bend,Indiana". Section H. it is hereby found that financing the MWBD Program is in the economic interest of the City of South Bend,Indiana. Section III. The MWBD Program will enhance the growth and expansion of minority and women-owned business enterprises in South Bend,Indiana,and will enhance the quality of life of all city residents. Section IV. Upon the adoption of the resolution by the South Bend Common Council the potential source(s)of revenues to fund the program will be discussed by the Council and the City Administration; and the Director of Public Works and the City Controller will be consulted on vendorlsupplier for the program. Section V. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Henry Davis,Jr.,2" District Oliver Davis,6' District Timothy A.Rouse,At Large Karen L.White,At large QV&64 147 xo» John Voorde,City Clerk Stephen J.Luecke,Mayor of South Bend I r1led in C!P!* i�Offlk.f: IF—C-T, 9 ZU1i ! It�,'� ; ,. Gt'rY GLCCtIt.6Gil7ti ti£tti t1,III 3 'AL":Y TD To:Project Future Board of Directors Prom:Philip A.Newbold,Chairman Re:Transition Plans Nearly 30 years ago,a small dedicated group of concerned community leaders gathered to better organize and dramatically improve the community's economic future.Project Future was launched and over the past three decades has been tirelessly working to attract and create jobs and improve the economic well being of the area. As technology and globalization have changed all our daily lives and our economy,we are faced with significant changes which require a more regional and more technology based future.Whereas Project Future has spent a great deal of its successful efforts on attracting new businesses to the community and helping existing businesses expand and grow,it now seems more strategic to focus more of our resources on new business startups and to commercialize more of the technologies coming out of Notre Dame and Indiana University. The biggest transition is to announce that Pat McMahon,our talented Executive Director,will be focusing the majority of his time in an expanded role that has evolved from the Michiaaa Technology Connection(MTC) evaluation and planning exercise.Pat will focus on several of the MTC's strategic recommendations,working to create stronger bridges between Notre Dame's expanding research centers and our communities.Pat will report directly to Bob Bernhard,Vice President of Research,as Notre Dame takes steps to enhance its capacity to support the transformation of new concepts and big ideas into new ventures and expanding businesses. Pat will also spent a portion of his time assisting in the transition of our traditional economic development activities into a combined regional/local structure.Pat played a strong role over the past two years with several regional development professionals to create a platform for a larger,multi-county marketing umbrella.His "second"job will be to assist in the evolution of strong local initiatives that will work closely with these regional partners. The Executive Committee of Project Future has been quietly working with the Chamber of Commerce of St. Joseph County to explore how to best position the county and the region for growth over the next decade.A small group of Project Future Board members will be working with the Chamber to develop a more coordinated and expanded role around business retention,attraction and growth for South Bend,Mishawaka and St.Joseph County,and how those activities complement regional efforts.More details will emerge over the next several weeks as we better define roles,responsibilities,funding needs,and leadership. Finally,there are two new organizations that are also active and critically important to our regional economic development future.Jump Start has recently developed a new Regional Economic Assistance Plan(REAP)and the Corporate Partnership for Economic Growth(CPEG)will help coordinate,focus and accelerate economic development across a seven county region of north central Indiana and southwest Michigan, What is clear is that we continue to need your longstanding leadership and financial support.Project Future has been the envy across the state of the private,public and nonprofit partnership that has enabled the area to be successful and work together.As we enter this new transition phase,we will continue to provide new details on our plans and leadership as they emerge.Thank you again for your unwavering support of Project Future and we look forward to a stronger and more vibrant economic future. of i. f r Table of Contents Minority and Women Business Development Program Proposal Page Historical overview 3-5 Executive summary 5 Statistics and Trends 6 Proposal 7-8 Management and Sraffmg 9 Budget 10 `7n the wake of our changing eennamy,moting fmm an industrial manufactxring base to a service economy,av increasingly large number of minanties who have not been able to expand with the economy hats been left behind."- Dr.Charles Cmypo,Emnomw Profemm, Um tv w6,ofNotsr Dame 1990 2 Thos proposal was compiled and created by Sallie and Associates—ssfliesssocims@aoi.com * October 1987 the city of South Bend adopts Affirmative Action Ordinance#7811-87 * November of 1987,under the direction of Chamber President Stephen Quieor,the Chiumber of Commerce of St.Joseph County held a board retreat and included on the agenda was the topic of a county-wide minority business development initiative. A Task Force of nine Chamber board members was created to undertake a needs-based study and present their findings to Chamber leadership. The'Task Force included Gene Bruce,Carl Ellison,Hollis Hughes,Debra Kelly-Walsh,John Phair,Rick Rice,Ben Tyler,Robert Watkins,and James Wyllie. * July 1988 it surveywas created by the Task Force and mailed by the Chamber to a list of seventeen(17)minority owned businesses licensed in St Joseph County. * February 1989 a report and five recommendations from the Task Force were presented at a Chamber board meeting. The five recommendations included: 1. Entrepreneurial education,counseling and mentoring: 2. Access to affordable credit and capital; 3. Inclusion in government procurement opportunities; 4. Opportunities to bid on jobs and contracts as a primary contractor or subcontractor with major companies and organizations. 5. Access to skilled,motivated workers. • March 1989 Chamber organizes meetings with South Bend Mayor,Joseph Kerr=and Mishawaka Mayor,Robert Beutter to discuss the benefits of a minority business development program and to garner their support • May 1989 the Chamber President sends a proposal,supported by both mayor's Kernan and Beutter,to the Small Business Administration(SBA)for m ages ent and technical assistance. • December 1989 the SSA rejects the Chamber's proposal. • December 1989 the Chamber is granted Neighborhood Assistance Program(NAP)*credits in the amount of$20,000 to be used for the creation of a minority business development program. *The Neighbothood Assistance Program(NAP)was created to provide 501(c)3 or Sot(c)4 not-for-profit organizations with a tool to increw charitable contributions,expand their donor base and achieve a higher level of self-suffidency.Additionally,the program strives to provide an incentive for citizens to improve the standard of living and quality of life for those less foaunate in their community. e May 1990 a chattered agreement for the creation of a Minority Business Development Council(MBDC)is signed and charter members are appointed. 3 This propapal was compiled and created by Sallie and Associates—salbeasso&tes @aol.com • July 1994 a full time staff person,is hired by the Chamber to work with the Council to develop organizational structure,mission,goals,a three-year program of work,budget, marketing plan and fund raising strategies. • April[1992 the staff person is replaced with a minority business development consultant to restntcture and complete development of the otganization,raise funds,identify and increase minority business participation. • AprU 1992-May 2006 the organization identifies and assists over 300 minority business owners,provides free entrepreneurial education and counseling,assists with licensing,tax filing and state government certification. Women owned businesses are added to its mission, over$100,0()0 for operating funds ate raised annually,a part-time staff person is added in 1999 and a balanced budget is maintained. Funding is raised primarily through corporate and government sponsorships and trade show booth rentals(681/6),the annual Martin Luther King,Jr.Breakfast(12 1/6),ads and sales of minority business directories(5°/n,)and nominal fees for writing business plans(15%).The name is changed to Minority and Women Business Development Council(MWBDC)in 1997. • January 2000 after organizational restructuring and belt tightening at the Chamber,the Chamber discontinues all MWBDC financial support($1},000 annually)and increases MWBDC office space rent by 10 percent(from$7,200 a year to$7,920). Tester that year,the MBDC charter and responsibilities are assumed by the Urban Enterprise Association(UEA) and the MWBDC office is moved and co located with the Small Business Development Center. The minority business consultant is hired by the UFA and continues to manage the MWBDC. • 2004_7006 funding for the MWBDC becomes increasingly difficult as the number of nonprofit organizations and charitable causes in the community grows. long time sponsors reduce or reallocate dollars previously committed to minority and women business development w their charitable budgets. MWBDC expenses increase along with cost of living. The economy begins to lag and companies and organizations who have been supportive in previous years are themselves experiencing economic challenges and some are bought by larger organizations with locations and affinity interests outside of St.Joseph County(re.nationally owned banks and other financial institutions). The MWBDC part- time staff person position is eliminated in 2004 and the number of weekly counseling classes are reduced in an effort to operate within the budget: • May 2006 MWBDC programs discontinue and its counseling services are assumed by the Small Business Development Center. The annual directory is discontinued and the Martin Luther King,Jr.Annual Breakfast is undertaken by the local Martin Luther King Foundation. • November 8,2010 at a South Bend Common Council meeting under the Privilege of the Floor,Mr.Joseph Tillman Shabazz voiced concerns regarding the lack of enforcement of SSMC Chapter 143 entitled"Affirmative Action Procedures". Council President,Derek Dieter assigned the topic to Council Member Tim Rouse. 4 This proposal was compiled and created by Sallie and.associates-saltieassociates@aoLown s December 8,2010 Bill#86-10 is filed with the Office of the City Clerk—sponsored by Council Members Tim Rouse,Derek Dieter,Karen White and Henry Davis,Jr. On December 13,2010,Bill#86-10 received a first reading and was referred to the Community Economic Development Committee for review and recommendation and set for second and third readings on January 10,2011. April 23,2=Bill#86-10 was passed unanimously and became law as 10081-11. �;gcutive Stimmarr South Bend's changing economy,moving from an industrial manufacturing base to primarily a service economy,resulted in a growing number of socially and economically disadvantaged individuals who lacked the skills and training to move into service industry jobs being left behind. Many were forced to accept lower paying jobs to help augment the limited social services available to help them subsist.A frequent response to unemployment and dislocation of workers is for these individuals to attempt to start their own business. Black and Hispanic/Latino Americans are the primary constituents of this challenged group within South Bend. Many minorities simply desire the opportunity to participate in the free enterprise system,to develop their business ideas,to be their own bosses,and to attempt to succeed in a society that they perceive to be biased. Numerous obstacles have prevented more minority owned companies from being created and becoming successful. Although most minorities have gone into business to obtain financial security,they often lack the tools,capital and informational resources needed to meet their goals. Most are less prepared,with less capacity and are overall less competitive. They lack access to opportunity,access to technical assistance and access to capital. Today's competitive business environment demands suppliers have size,scale and reach. There are still very few minority firms in South Bend that have this combination of characteristics. Most are categorized as rnicroente-Ttises. A microenterprise is a small business that will usually operate with fewer than 10 people and is started with a small amount of capital.Most microenterprises specialize in providing goods or services for their local areas.There are an estimated two million micro-entrepreneurs in the United States today,offering a variety of services and products from home-based day or elder care,auto repair,beauty and barber shops to specialty foods. In their June 2010 Benchmarking South Bend report,Karl King and john Roos state that Entreprencur.com"2006 Hot Cities for Entrepreneurs"ranks South Bend among the lowest Indiana cities compared to all the Indiana Benchmark Metro's and all of the National Benchmark Metro's in all the categories. Those categories include:Overall Entrepreneurial Activity Rank, Young Company Rank,Rapid Growth Rank,annual rate of business startups,annual rate of business closings,business churn rate,and entrepreneurial value added to the community. While King and Roos did not include rankings related to minority businesses in their report,additional 5 This proposal was compiled and created by Sallie and Associates—satlieassociaates®aol.com Entrepreneur.corn data and Black Entaptue magazine research data also show that South Bend ranks among the lowest in Indiana and nationally in the number of minority owned businesses and miawity business start-ups as well. The King and Roos'Beachmarldag South Bend document also reports that South Bend's prime working age{population,weighted workforce education index and talent index are all less than the U.S.average."It is reasonable to surmise that labor force deficiencies are the disadvantage which causes the region's shift share to be negative",according to the report. Just like their white counterparts,many minority college graduates choose to leave the community to start a career or new business venture because they do not see opportunity in South Bend. A report titled"Minority Participation in ladiaga's Strategic Economic Development Planning Process"released by the U.S.Department of Commerce Minority Business Development Agency reflects similar problems throughout the state. The report states that through a sampling study of 2,500 Indiana businesses identifying themselves in census reports as either African American or Hispanic/Latino,an overwhelming majority(67 9/6)did not know of state agencies or state directives that provide assistance for minority owned businesses. It can be surmised that because of this lack of knowledge,many business owners who could benefit from the assistance provided by minority business development programs ate not as equipped as they might be to reach their goals and become successful. ad Trends Minority Business Ownership:In 1990,nationally there were 1.2 trillion minority owned firms with gross receipts of just under$73 billion, This was an increase of 67 percent in the number of firms and 127 percent in gross receipts over the year 1982. According to the 2010 Economic Census Survey of Business Owners,there were nationally 1.1 million minority owned firms with gross receipts of just over$69 billion. This shows a significant decline in both the number of businesses and their financial stability. Comparison to all U.S.Firms:Minority owned firms accounted for almost 9 percent of the total number of individual proprietorships,parmerships and subchapter S corporations in the U.S.and almost 4 percent of their gross receipts in 1990. In 2010 those numbers changed to 7.7 percent of the total number of individual proprietorships,partnerships and subchapter S corporations and 2.8 percent of their gross receipts. Industry Characteristics:Minority owned firms,like all U.S.firms,are concentrated in the service industries. These industries account for 46 percent of the minority owned firms and 28 percent of their receipts compared to 43 percent of all U.S.finns and 21 percent of their receipts. Retail trade has the next largest share with 19 percent of the minority owned firms and 35 percent of their receipts. Retail trade accounts for 16 percent of all U.S.firms and 27 percent of their receipts. Indiana Minority Firms:In 1990 there were 5,867 minority owned firms in Indiana,with the greatest number(3,014)in services and the next largest group(1,782)in retail trade. The remaining 1,071 were in manufacturing and other industries. St.Joseph County Minority Firms: 1990 census data showed 278 St.Joseph County minority owned firms with business category concentrations mirroring those of the state. In 2010,business census 6 This proposal was compiled and created by Sallie and Associates—sallieassociatc4aol.com data shows 63 firmA primarily in the service industry with 499 employees. Many minority owned firms are not listed in government or business records due to a lack of formal licensing and registration. This is sometimes due to distrust or not having proper resident status.Census data released for 2000 and 2010 does not provide specific information or numbers concerning minority businesses. Implications:The relatively small and diminishing local minority and women owned business base severely limits many positive influences on our community,including economic development,local hiring,capital investment,neighborhood stabilization,less unemployment,broadening of the tax base and reduction of poverty and its negative spin-off effects. Even though many are fledgling at best,local microenterprises exist because they are a proven way to earn►extra income to supplement household incomes. Microenterprise helps immigrants and refugees have sustainable income in cases where they lack the necessary certifications,licenses,language skills,or networks to find professional jobs for which they,in their own countries,may be qualified. For many people with lower incomes,microenterprise provides the opportunity for individuals to develop their talents and skills and use them to improve their financial wellbeing. Earlier this year the city,began plans for a diversity development program which would in part promote equal opportunity,diversity and inclusion for minority and women business enterprises; assist,promote,monitor and enforce MBE/WBE programs;and to encourage participation of MBE/WBE enterprises in city contracts. This effort is quite significant and very much needed as a means to help address South Bend's slow economic recovery,joblessness,and the numerous challenges faced by minority and women owned business enterprises. The following proposal supports the city's diversity development efforts. Its focus and purpose is minority and women business development,but it is not intended to exclude other small businesses in St.Joseph County. Any small business located within the county would be eligible to seek and receive assistance. Pxonosal This proposal outlines a Minority and Women Business Development program(MWBDP)in South Bend,Indiana in support of Ordinance 10081-011City of South Bend Diversity Development Program.The purpose of this program is to enhance the growth and expansion of minority and women owned business enterprises in South Bend,Indiana through the promotion and advocacy of equal opportunity,provision of education and information services,technical assistance,and start-up and expansion capital through small grant opportunities. The MWBDP will also serve as a resource for state and regional supplier diversity programs. Services as outlined in the city's Diversity Development Pmgratn under Ordinance 10081-011 would be provided by contract.Management,scope of work and services provided would be contracted by the City with a local entity experienced and knowledgeable about minority and women business development challenges and assistance programs. The contractor would be responsible for administering the programs,services and other activities. An annual operating budget would be 7 Tbis proposal was compiled and created by Sallie and Associates—sallieassociates@aoLcom �ucl�et lstart�n yc�xl Revenue City Funding-a $149,000 Sponsorships: Corporate contributions-b 20,100 Grants—c 10,000 Total $179,100 Expenses Office space-d $14,800 Office equipment and furnishings-e $22,800 Operating supplies-f $ 3,500 Printing&postage-g $ 5,000 Consultants-h $ 80,000 Staff-part-time-i $ 30,000 Travel (mileage)-j $ 6,000 Conferences&Training-k $ 3,000 Communications package-l $ 12,000 Ma'kedng-m $ 2,000 Total $179,100 Notes: a—City of South Bend funding is requested to assist in the start-up and support of a Minority and Women Business Development Program. This funding may possibly be obtained through designating a portion of the AJ Wright Tax Abatement annual fee. The orig�tnal intent of job creation could be achieved through redirecting funds to the Minority and Women Business Development Program. b-Corporate and organization sponsorships would be actively pursued and that will allow them the opportunity to express their support of this program. c—Grant applications will be submitted to appropriate local,state and federal grant programs. d-Highly visible office space for the MWBDP near downtown South Bend. e-Office equipment and furniture purchase or rental f—Office operating supplies and materials. g—Printing of stationery and informational materials.Postage for program mailings, b--Consultant and contractor fees for overall program management,business plan writing,mentoring and new business recruitment, i- Part-tithe staff will be hired to assist with research,the flow of pertinent information to businesses, referrals to collaborative agencies and scheduling. Part-time staffwill be augmented with student interns from area business school programs and will be paid an hourly stipend j- Business related rnileagt and travel expenses. k-State-wide minority business development conferences and meeting fees;and participation in the Chamber of Commerce of St.Joseph County's Business Expo. 1—Office telephone,internet service and web development. m—Marketing of program and services. 10 This proposal was compiled and created by Sallie and Assoaates—sallieassociates@siol.com SoU Tg 8� 1400 COUNTY-CITY B[J€wwG '►y \�'� /j PHONE 574/235-9241 227 W JEFFERSON BOULEVARD FAX 574/235-7670 Souni BEND,INDrANA 46601-1830 r �� .r` R R 1865 QTY of SOUTH BEND STEPHEN]. Lt F_m, MAYOR DEPARTMENT OF LAW CHARLFs S. LEONE A1.ADEAN M. DP-Ros1v C77YATTORNEY CHTFF Ass1STANT CrFYATTORNEY November 21, 2011 Mr. Derek Dieter President, South Bend Common Council L 4'1r Floor, County-City Building -- - South Bend, IN 46601 Re: Resolution Regarding Americans with Disabilities Act — ADA Coordinator, Grievance Procedure, and Policy Dear President Dieter: The Americans with Disabilities Act (ADA) was enacted in 1990 to eradicate discrimination against disabled persons. South Bend's Human Rights Ordinance prohibits discrimination against the disabled in employment and housing. South Bend also joined with St. Joseph County and the City of Mishawaka to form a Disability Rights Commission, which among other things, was designated to receive and resolve complaints from disabled persons about problems with accessibility. The Commission regularly discussed issues affecting the disabled in our County and cities. South Bend is now in the process of updating its ADA Title li Transition Plan and it has been working with the Michiana Area Council of Government (MACOG) on this process. The attached Resolution is a step in that direction. It formally names and designates an ADA Coordinator, which had been done informally in the past. It also adopts an ADA policy for South Bend and a grievance process. Previously, South Bend's designee to the Disability Rights Commission was the City's ADA Coordinator. The attached Resolution designates me as the ADA Coordinator due to my knowledge, as counsel to the South Bend Human Rights Commission, of ADA laws and rules. The ADA Notice attached to and cited in the Resolution is essentially the form of Notice recommended by MACOG which will be or has been adopted by other governmental members of MACOG. The ADA Grievance Procedure adopted in this Resolution is based on a MACOG template but was revised after I reviewed Grievance Procedures adopted in other U.S. cities. The attached policy, borrows from good ideas contained in other city grievance procedures. Ti4omAS L. BODNAR CHFRYL A. GREFNE ANN-CAROL NASH ANDREA L.BEAmKOFSKY LAWRF.NcE J.MFTEIVER JEFFREY L.SANFORD JOHN E. BRODEN President Dieter Page 2 November 21, 2011 This Resolution is a companion to another Resolution being submitted concurrently which adopts the 2010 ADA Accessibility Standards (ADAAS) promulgated by the U.S. Department of Justice, and the Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG) upon their final approval by the Department of Justice. Thank you for consideration of both Resolutions which I will present to the Common Council at its Committee meeting and at public meeting on November 28, 2011. City Engineer Carl Littrell will be available at the Committee meeting on November 28th to answer any technical issues you may have. Sincerely, Aladean M. DeRose Chief Assistant City Attorney Oil C C, RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING THE AMERICANS WITH DISABILITIES ACT(ADA), DESIGNATING THE ADA COORDINATOR,AND ADOPTING PROCEDURES WHEREAS, the Federal government enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled relating to employment and access to public facilities; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall name an ADA Coordinator; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall adopt a grievance procedure for resolving complaints alleging violation of the Title II of the ADA; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall publish notice to the public regarding the ADA; and WHEREAS, in compliance with Title II of the ADA the City of South Bend shall post the ADA coordinator's name, office address, and telephone number along with the ADA Notice and ADA grievance procedure on its website. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows. SECTION I. The Chief Assistant City Attorney, Aladean M. DeRose, is designated as the ADA Coordinator for the City of South Bend, Indiana, and South Bend's ADA Coordinator shall be an attorney in the City's Legal Department. SECTION II. The Notice under the Americans with Disabilities Act, a copy of which is attached hereto as Exhibit "A", is adopted as the City of South Bend Notice under the Americans with Disabilities Act (ADA). SECTION III. The City of South Bend Grievance Procedure under the ADA, a copy of which is attached hereto as Exhibit "B", is adopted as the grievance procedure for addressing complaints alleging discrimination on the basis of disability in the provisions of services, activities, programs or benefits by the City of South Bend. SECTION IV. In compliance with Federal and State Laws as set forth above, the Common Council of the City of South Bend resolves to post the required information regarding the ADA coordinator, Notice under the ADA, and the City of South Bend Grievance Procedure under the ADA on its website and at such other locations as may be determined from time to time. SECTION V.-This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor Member, South Bend Common CouAcil 0 TV PC a. council ac.toji on d hi,f)V PR 2 5 E NITE D t CITY r NOT APP't'OVCL CLE '� s NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of South Bend will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: The City of South Bend does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA. Effective Communication: The City of South Bend will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in City of South Bend's programs, services, and activities. Modifications to Policies and Procedures: The City of South Bend will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the city of South Bend, should contact, Office of the ADA Coordinator, Aladean M. DeRose, South Bend Legal Department, 227 W. Jefferson Blvd., Ste 1400, South Bend, Indiana 46601, (574) 235-9241, as soon as possible but no Iater than 48 hours before the scheduled event. The ADA does not require the City of South Bend to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the City of South Bend is not accessible to persons with disabilities should be directed to Office of the ADA Coordinator, Aladean M. DeRose, South Bend Legal Department, 227 W. Jefferson Blvd., Ste 1400, South Bend, Indiana 46601, (574) 235-9241. See South Bend's ADA Grievance Procedure. The City of South Bend will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. �= Exhibit "A" CITY CLERK, P i CITE''OF SOUTH BEND, INDIANA GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT (ADA) The City of South Bend, Indiana, in accordance with the Americans with Disabilities Act ("ADA") has adopted this Grievance Procedure to insure prompt and equitable resolution of complaints alleging discrimination based on disability in the provision of programs, services, benefits, or activities provided by the City of South Bend. Employment related claims of disability discrimination are governed by the City's Personnel Policies. The steps in the city of South Bend's Grievance Procedure are as follows: 1. File written Complaint using South Bend's form (attached) no later than 60 calendar days after the date of the violation. Information must include: • Name, address, phone number, e-mail {if applicable) of person filing the grievance. • Name, address, phone number, e-mail (if applicable) of person alleging grievance on behalf of someone else. • Date and approximate time violation occurred. • Narrative description of the violation • Remedy or desired City corrective action The complaint should be submitted to: ADA Coordinator, South Bend Legal Department 227 W. Jefferson Blvd., Ste 1400 South Bend, IN 466014 Alternative means of filing Complaints such as personal interviews or a tape recording of the Complaint will be made available for persons with disabilities upon request. 2. South Bend's ADA Coordinator will acknowledge Complaint with 21 days from date of filing. The ADA Coordinator may meet with Complainant to discuss the Complaint and explore informal resolution to problem, 3. If informal resolution is not reached, then within 30 days after initial response under Step 2, the ADA Coordinator or Designee will respond in writing, and where appropriate, in a format accessible to the Complainant such as large print, or audio tape. The response will explain City's position and offer options for resolution of the Complaint. q� d a H , a,r air Exhibit. V l { � MY C 1U.f 4. If the ADA Coordinator's response does not satisfactorily resolve the issue, the Complainant and/or his/her designee may appeal that decision. This appeal should be made to the Board of Public Works President or designee within 15 days after receipt of the response of the ADA Coordinator, and this appeal request must be made in writing. 5. The Board of Public Works President or designee shall meet with the Complainant within 15 days after receipt of the appeal to discuss the complaint and possible resolutions. 6. Within 15 days after that meeting, the Board Public Works President or designee will respond in writing, and, where appropriate, in a format accessible to the Complainant, with a final resolution of the complaint. All written Complaints received by the ADA Coordinator or designee or appeals to the Public Works Director or designee will be retained by the City of South Bend for a period of three years. �aUrxe� O ,01;111, 1400 COUNTS 07Y BmLDTNG / V\� \ PHoNE 5741235-9241 227 W.JFPFERsoN BOULwARD ,, \esAC� FAx 5741235-7670 SOUTfl BEND,INDIANA 46601-1830 "�� ` A 1865 QTY OF SouTH BEND STEPHEN J. LuEcKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADFAN M. DERosE CrrYATTORNEY CHTPFAS9S'rANTC rTYATTORNEY November 21, 2011 Mr. Derek Dieter President, South Bend Common Council 4'' Floor, County-City Building South Bend, IN 46601 Re: Resolution to Approve ADA Accessibility Standards Dear President Dieter: Attached is a Resolution by which the City of South Bend adopts the ADA Accessibility Standards (ADAAS)promulgated by the Department of Justice in 2010, and the 2011 Guidelines for Pedestrian Facilities in the Public Right-of-Way (PROWAG) upon their final approval by the U.S. Department of justice (DOJ). This Resolution is being filed with a companion Resolution which formally names an ADA Coordinator for the City of South Bend, adopts an ADA Policy and establishes a grievance procedure. Bath Resolutions are part of the ADA Transition Plan process required by Title I1 of the Americans with Disabilities Act (ADA). The Michiana Area Council of Government (MACOG) is coordinating this process among all Iocal government members of MACOG, and all members of MACOG will have/or now have similar Resolutions approved by their legislative bodies. Thank you for consideration of both Resolutions which I will present to the Common Council at its Committee meeting and at public meeting on November 28, 2011. City Engineer Carl Littrell will be available at the Committee meeting on November 281h to answer any technical issues you may have. Sincerely, Aladean M. DeRose yam°° Chief Assistant City�At��iizi°ey` NQ y THomAs L. BODNAR CHERYL A. GREENE ANN-CARpL NASH ANDREA L. BEACHKOFSKY LAWRENCE�.MF.TETVER JEFFREY L. SANFORD JOHN E. BRODEN 1400CouNw-OTYBurLnTw; � �\ �j � PHONE 574i 235-9241 227 W JEPW,RSQN BOULWARD ��� A ¢ PAX 5741235-7670 SOUTH BEND,INDIANA 4660 1-1 83 0 w r� ■ 1855 CITY OF SouTH BEND STEPHEN J. LuECISE,MAYOR DEPARTMENT OF LAW CHARLES S. LEONE ALADEAN M. DERosE CITYATTORNFY CBiF.P AsssrANT CmYArroRNEY November 16, 2011 Mr. Derek Dieter, President South Bend Common Council LA\ �D- 4rh Floor County-City Building South Bend, IN 46601 RE: Proposed Amendment to the Northeast Neighborhood Development Plan Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Northeast Neighborhood Development Area (NNDA) to amend the Development Plan for the NNDA. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC's resolution (No. 224-11) is now submitted to the South Bend City Common Council for its approval. This amendment to the Northeast Neighborhood Development Area Plan revises sections of the existing Plan, updates the document and modifies existing Plan exhibits in order for the Plan to better reflect the future goals for the area by taking into account recent, or soon to be completed, developments such as Eddy Street Commons and State Road 23 improvements, including the reconfiguration of the Five Points Intersection. Either Liz Maradik or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. u r } Sincer t�t•�- ce J. e eier Assistant Cit Attorney CITY C r TBoMAs L. BODNAR 04FRYL A. GREENE ANN-CAROL NASH ANDREA L.BEACHKOFSKY LAWRENCE,J.MP.TENER JEFFREY L.SANFORD JOHN E. BRODEN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on October 25, 2011, approved and adopted its Resolution No. 2449 (the "Declaratory Resolution") Exhibit A, amending the Northeast Neighborhood Development Area Development Plan entitled "Amendment to the Northeast Neighborhood Development Area Development Plan, October 25, 2011" (the "Plan Amendment"); and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on November 15, 2011, adopted and approved a resolution (No. 224-11), a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Northeast Neighborhood Development Area (the "Area"); NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana., as follows: ' 1. The Plan Commission Order (Resolution No. 224-11) attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 28th day of November, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council End g VvT PRESENTED NOT APPROVEd �15 Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION NO.2949 A RESOLUTION OF THE SOUTH BENT} REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA WHEREAS, the South Bend Redevelopment Commission (the "Commission,,), the governing body of the City of South Bend Department of Redevelopment (the "Department"), on November 17, 2003, adopted Resolution No. 20'16 declaring the Northeast Neighborhood Development Area(the"Area")in the City of South Bend,Indiana(the"City")to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at,Indiana Code § 36-7-14-1 et seq(the"Act"),the boundaries of the Area being incorporated herein by reference; and WHEREAS, Resolution No. 2016, and the Northeast Neighborhood Development Area Development Plan (the "Development flan") adopted by Resolution No. 2016 on November I7, 2003, were confirmed by Resolution No. 2021, adopted on December 19, 2003; and WHEREAS,pursuant to the Act and the Development Plan,the Department has conducted surveys and investigations and has thoroughly studied the Northeast Neighborhood Development Area; and WHEREAS,the Department, after reviewing the surveys and investigations,has prepared certain amendments to the Development Plan set forth in Exhibit A (the "Plan Amendments");and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the plan Amendments; and WHEREAS, it is necessary to amend the Development Plan by adopting the Plan Amendments; and WHEREAS, the Commission, having previously adopted the Development Plan, now desires to amend the Development Plan and adopt the Plan Amendments, and WHEREAS, the Plan Amendments conform to other development and redevelopment plans for the City. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH MEND DEPARTMENT OF REDEVELOPMENT,AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to adopt the Plan Amendments, as shown in Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the adoption and implementation of the Plan Amendments, 3. The Commission hereby determines that the accomplishment of the Plan Amendments will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the Plan Amendments conform to other development and redevelopment plans for the City. 8' 5. The maps and plats of the Northeast Neighborhood Development Area,showing the boundaries, the location of the various parcels of property,streets, alleys and other features affecting the acquisition,clearance,replatting,replanning,rezoning or redevelopment of the Area,that are to be devoted to public ways, levees,sewerage,parks,playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission. 6. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 7. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendments, and if approved by both bodies, the Resolution and the Plan Amendments shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b)and (c) of the Act. 8. All orders or resolutions in conflict herewith are hereby rescinded, revolted and repealed in so far as such exist. 9. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or(except as otherwise provided herein)proceedings begun before the effective date of this Resolution. 10. All other findings, determinations and conclusions in Resolution No. 2016, as amended, shall remain as stated therein. 11. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title V1 of the Civil Rights Act of 1964, as amended, ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on October 25, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, D PARTMENT O DEVELOPMENT 41�14 'ovzl� Si'gxature Marcia i. Jo re nes, Psident Printed Name and 7ifle South Bend Redevelopment Commission ATTE 7: s 5i ++re David A. Varner, Vice President Printed ar++e an it e South Bend Redevelopment Commission EXHIBIT A PLAN AMENDMENTS TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA DEVELOPMENT PLAN (Rrnendment to the Northeast Neighborhood Development/4rea Plan) (October 25, 2011) Amendment to the Northeast Neighborhood Development Area Plan October 25, 2011 Table of Contents A. Description of Project Area 1. Boundaries of the Northeast Neighborhood Development Area (NNDA) 2. Boundaries of the Northeast Neighborhood Development Plan Sub-Areas B. Sub-Area Goals and ,Strategies 1. Eddy Street Commercial Redevelopment Area 2. Five Points Redevelopment Area 1 Georgiana—Talbot Redevelopment Area 4. Homeownership Preservation Area 5. Notre Dame Avenue.Housing Program Area 6, St. Joseph High School Redevelopment Area 7. Madison Center Campus Housing and Commercial Redevelopment Area 8. Eddy Street Corridor South C. State Road 23 D. Future Development Areas E. Senior Housing F. Public Infrastructure/Utilities G. Design Control H. Zoning Attachments: General Information: A. State Road 23 Improvement Plan B. Triangle Development Plan Maps: A. Boundaries of the Northeast Neighborhood Development Area & Future Development Plan B. Boundaries of the Northeast Neighborhood Development Plan Sub-Areas C. Northeast Neighborhood Development Area Existing Zoning Map D. Northeast Neighborhood Development Area Proposed Zoning Map E. Sub-Area A, Eddy Street Commercial Redevelopment Area F. Sub-Area B, Five Points Redevelopment Area G. Sub-Area C, Georgiana—Talbot Redevelopment Area H. Sub-Area D, Homeownership Preservation Area 1. Sub-Area E, Notre Dame Avenue Housing Program Area J. Sub-Area F, St. Joseph High School Redevelopment Area K, Sub-Area G, Eddy Street Corridor South Revitalization Area L. Future Revitalization Areas: Revitalization Area North & Revitalization Area South 1 townhomes along Eddy Street, connecting the north Eddy Commons Area to the Five Points Intersection. In order to smoothly transition between the high intensity use at Eddy Street Commons and the surrounding neighborhood, it is envisioned that at the intersection of Eddy and Napoleon there will be a continuation of commercial f mixed uses. But as the development moves southward it will become primarily residential, with rowhomes /townhomes until reaching Howard Street, The Eddy Street Commercial Redevelopment Sub-Area has been modified: expanded in order to encompass all the Phase I and II Eddy Street Commons development; and reduced to remove the current Five Points Intersection and the surrounding development parcels to be created by the State Road 23 improvements. 2. Five Points Redevelopment Area Engineering plans for improving State Road 23, and the Five Points intersection, are currently being finalized by the State of Indiana Department of Transportation ("INDOT") with construction anticipated to begin in 2012. Plans call for widening State Road 23 in order to create a divided highway with two lanes in each direction and reconfiguring the Five Points intersection; the expansion will end at the Campeau and Eddy intersection, Given that the reconfiguration of the Five Points Intersection will create new and unique development opportunities, it is now in its own sub-area. The improvements to State Road 23 will create a number of opportunities for new development in the neighborhood; the reconfiguration of the Five Points intersection will open a large amount of land for redevelopment. The future use of the land located at the new Corby Blvd. and State Road 23 intersection, and the surrounding area, should be focused on mixed use development. Multi--family housing should be introduced along Corby Boulevard to help buffer the single family residential from the increased traffic and higher intensity uses which will occur along State Road 23, (See Attachment A.) Sub-area goals: Correct traffic hazard presented by confluence of South Bend Avenue, Eddy Street and Corby Boulevard; p Facilitate consolidation of parcels and replatting to create optimally-sized mixed use and office development sites; ffi Expand and improve locally owned and operated businesses; 3 Attract unique and cost-competitive national caliber and regional retailers,particularly those with urban shopfront appeal and that would serve the day-to-day needs of the neighborhood and community; Attract national and international caliber corporate offices anal//or headquarters; Support small scale, mixed-use developments with residential, retail and light commercial components; Create a pedestrian-friendly focal point and gathering place at the center of the neighborhood featuring a mix of commercial, civic, institutional and recreational uses; Introduce vehicular circulation patterns designed to maximize accessibility and visibility of destination points; Implement a shared urban parking plan adequate to meet the needs of the district's commercial, civic, institutional, recreational and residential uses; Encourage design standards that confirm the urban setting (i.e., retaining the street wall, siting off-street parking behind storefronts); Encourage design elements that provide visual identification clues for a sense of place or destination (i.e., coordinated signage, lighting, street furnishings and pavement systems), 3. Georgiana— Talbot Redevelopment Area Following the completion of the Northeast Neighborhood Development Area Plan in 2003 and the Northeast Neighborhood Design Guidelines, the Northeast Neighborhood Revitalization Organization, Inc. ("NNRO"), with collaborative support of the City of South Bend and the University of Notre Dame, engaged a consultant to develop a more detailed plan for the portion of the neighborhood east of Eddy Street, between Napoleon Street and South Bend Avenue. With development opportunities occurring throughout the area, particularly along the north and west edges of the redevelopment area, it was believed a more detailed look at this specific site within the neighborhood was warranted. The site known as "The Triangle" (area north of State Road 23) is approximately 13.4 acres. At the present time, the majority of"The Triangle" is zoned SF2 (Single-Family and Two- 4 Family District). The primary objective is to create an integration of market-rate (70%) and affordable(30%) single family detached housing that creates a new urban infill neighborhood that is easily maintained, attractive, safe,pedestrian-friendly and is complementary to the entire neighborhood. The resulting "Triangle" Development Plan (see Attachment B) reconfigures the existing neighborhood street grid to incorporate 55 single family homes and a community open space. The plan supports the Eddy Street Commons residential component on the north and is linked to the retail located along Eddy Street and future development at the reconfigured Five Points Intersection. The Georgiana—Talbot Redevelopment Area will also be impacted by the improvements to State Road 23, which bisects the sub-area(see Attachment B). In order to allow for sufficient right of way to widen the road, the 1NDOT will purchase all properties on the south side of State Road 23 (between Twyckenham Drive and Campeau Street). Given the acquisition of properties-for right of way, the portion of the sub-area south of State Road 23 will be reduced in size. In addition, with the increased capacity of State Road 23 it is anticipated that traffic will also increase. These conditions will make the portion of the sub-area south of State Road 23 not ideal for residential use, Instead, the land should be designated for a land use such as an office park, which will help preserve the residential area south of Howard Street by providing a buffer from the noise and traffic of the state road. Multi-family housing should be introduced along Howard Street and Corby Boulevard to help buffer the single family residential from the increased traffic and higher intensity uses which will occur along State Road 23. In addition, efforts should be made to make Fredrickson Park more visible and accessible to the public including the introduction of a parking lot off of Talbot Avenue. The Georgiana—Talbot Redevelopment Sub-Area has been modified: reduced to remove the area encompassed by Phase I and II of Eddy Street Commons development; reduced to remove area within the Five Points Redevelopment Area; and expanded to include multi-family residential along Howard Street. 4, Homeownership Preservation Area Since the Development Plan was established in 2003, the eastern portion of the Homeownership Preservation Area has seen substantial investment and increase in homeownership, mainly due to the University of Notre Dame's Notre Dame Avenue Housing Program ("NDAHP"). This program initially targeted Notre Dame Avenue but due to increased 5 housing demand has since expanded to include Frances Street and St. Peter Street. The NNRO has also focused its development efforts in this area, west of the NDAHP. As part of its work the organization has purchased in excess of fifteen rental properties, which it then substantially rehabilitated and sold to new owner-occupants. In addition, the organization owns a number of lots which are being held for new single family detached residential development. In addition, the City of South Bend has received Neighborhood Stabilization Program 3 (NSP3) funds in order to assist in the redevelopment of vacant, abandoned or foreclosed upon residential properties which will be invested in the Northeast Neighborhood. The anticipated use of the funds will be to create home ownership opportunities through the redevelopment of properties along Hill Street. Given the development that has occurred in the Northeast Neighborhood, the Homeownership Preservation Area has been shifted westward in order to leverage the housing market in another strategic section of the neighborhood. The eastern area which is being removed will be included in a newly created sub-area(see#5 below), Preservation of homeownership, through the conversion of residential rental units and vacant properties into owner-occupied single family detached residential properties, will be the main focus of efforts in this sub-area. In addition, the parcels along South Bend Avenue just south of this sub- area will continue to be monitored to ensure that any future development complements activities in the Homeownership Preservation Area as well as provides a transition between the Homeownership Preservation Area and the 5t. Joseph High School Redevelopment Area.. 5, Notre Dame Avenue Housing Program Area The NDAHP initially targeted residential properties along Notre Dame Avenue for redevelopment. But the program has been so successful that the target area has expanded to also include Frances and St, Peter Streets. Given the positive impact of this program and the stability the new homes have created in the neighborhood, the focus area has been removed from the Homeownership Preservation Area and is now in its own sub-area. Although the sub-area has significantly been stabilized by the Housing Program, it still needs to be supported by continued private investment and homeownership opportunities. Sub-area goals: 6 Facilitate acquisition and replatting of vacant parcels for new infill housing construction; Encourage design standards that confirm the urban setting and relate to the vernacular architectural styles present in the neighborhood; Encourage the creation and expansion of homeownership incentive programs among area institutions and large employers. 6. St, Joseph High School Redevelopment Area(or also described in the Northeast Neighborhood Development Area flan as the St. Joseph Medical Center Redevelopment Area), Since the establishment of the Development Plan, St. Joseph Hospital has relocated and the site has been razed, The Diocese of Fort Wayne is building a new St. Joseph High School on the former St. Joseph Regional Medical Center ("SJRMC") site located south of Cedar Street. Demolition of the unused buildings has been completed and construction of the new school began on June 1, 2011, With the investment of$35 Million in a new high school, and other market forces related to Eddy Street Commons, the Triangle Project, State Road 23 improvements, as well as the increased housing values due to the efforts of the Notre Dame Avenue Housing Program and the Northeast Neighborhood Revitalization Organization, there will be opportunities in the area surrounding the former SJRMC site for development, Hence, the previous sub-area has been expanded to include the redevelopment site as well as the surrounding area. Single family detached residential housing, through a combination of infill construction and rehabilitation of existing housing, should be the focus of the redevelopment of this surrounding area. SJRMC is presently continuing to use two buildings on the north side of Cedar Street. However, SJRMC is interested in selling the property in the future. If and when the property becomes available, development should be focused on a use that will be supported by the new high school and its associated activities. In the future, as St, Joseph High School and SJRMC finalize plans, there should be a targeted analysis that focuses on determining the future investment and potential development opportunities of this Redevelopment Area. All future development needs to examine traffic patterns relative to the proposed and surrounding uses, with a particular focus on minimizing increased traffic on LaSalle Avenue. In addition, the parcels along South Bend Avenue just north of this sub- area will continue to be monitored to ensure that any future development 7 complements activities in the St. Joseph High School Redevelopment Area as well as provide a transition between the Homeownership Preservation Area and the St, Joseph High School Redevelopment Area, Sub-area goals: Support the development of St. Joseph High School on the former SJRMC site; • Facilitate acquisition and replatting of vacant parcels for new inf l l housing construction; • Encourage opportunities to introduce a mix of market-rate, market- rate subsidized and affordable housing to increase homeownership options across income brackets; • Encourage housing design that confirms the urban setting and relates to the vernacular architectural styles present in the neighborhood; • Align plans for redevelopment of the site with the goals and objectives of the Northeast Neighborhood Development Area Plan as well as the South Bend Central Development Area Plan, which addresses the adjacent East Bank and nearby Central Business District, 7. Madison Center Campus Housing and Commercial Redevelopment Area Since 2003, the expansion of the Madison Center Campus has been completed, Madison Center has ceased operations, and other organizations have purchased parts of the property formerly owned by Madison Center. Hence, there is no longer a need for a sub-area focused on the redevelopment efforts of this area in the Development Plan, While the expansion is complete and focussed redevelopment efforts are no longer needed, there should be continued coordination with the new property owners to ensure that any future development transitions into and supports the activities of the adjacent sub-areas. 8. Eddy Street Corridor South Revitalization Area Engineering plans for improving State Road 23 are currently being finalized by the TNDOT with construction anticipated to begin in 2012. Plans call for widening State Road 23 in order to create a landscaped, median-divided highway with two lanes in each direction and the reconfiguration of the Five Points Intersection; the State expansion plans end at the intersection of Campeau and Eddy Streets. As a result of these future improvements to the highway, it will become a primary corridor connecting to Downtown South Bend, the East Bank Village, as well as area institutions such as South Bend Clinic and the new St. Joseph High School; Eddy Street also connects lnnovation Park at 8 Notre Dame and Ignition Park, a two-site State Certified Technology Park. Given the increased visibility the Eddy Street Corridor South will have, it was critical for plans to be developed for the area in order to identify development opportunities, improve pedestrian connections, and improve the physical attractiveness of the street. Although the major improvements to State Road 23 end at the intersection of Eddy and Campeau Streets there is an opportunity to make additional improvements to Eddy Street south to LaSalle Avenue. Currently, the Eddy Street right-of-way south of the Campeau and Eddy intersection is only 60 feet wide. This includes a 6-foot sidewalk and generally 45 feet of asphalt paving for two travel lanes and parallel parking on each side, The setbacks for the residences along this portion of the street vary, with some as close as 14 feet. The existing conditions are not ideal for pedestrians and the wide, undefined asphalt section does not move vehicular traffic efficiently. In order to address this opportunity for improvement, a number of public meetings were held to gather input from area residents and stakeholders. Attendees were asked to participate in charettes that shared their desires for any future improvements to Eddy Street as well as potential land uses along the street. Based on input from those sessions, the redevelopment options for the Eddy Street Corridor south of Campeau through LaSalle were studied and plans were developed to address the physical impacts and acknowledge the changing road character, traffic patterns, movements, and volumes on the neighborhood as a result of the State Road 23 realignment. Three redevelopment concepts were created showing various levels of change. Each roadway/land use concept seeks to make physical improvements to the streetscape by adding new sidewalks, tree lawns, and lighting, and increase pedestrian safety by incorporating new amenities such as crosswalks, countdown timers at signals,and separated sidewalks. The difference between each development concept is in the amount of right-of- way acquisition necessary to achieve the desired character goals. The preferred plan calls for the pavement width (from curb to curb) to remain the same distance and for "greening"of the right-of-way. The existing right-of-way will need to be expanded and will introduce treelawns and landscaping, including a multi-use path on the east side of the street connecting to Fredrickson Park, in order to create a more pedestrian friendly environment. The existing street width will remain but consideration should be given to resurfacing the street and striping in order to clearly delineate the two lanes of traffic in each direction, This scenario would require additional property to be acquired for the right-of- way expansion. 9 This redevelopment plan envisions a more intense and multi-family or single family attached development pattern along Eddy Street with the addition of rear-loaded townhomes/rowhomes fronting it, The single family detached residential housing in the area off of Eddy St. should be preserved through rehabilitation of the existing homes and infill construction. Given the increased traffic, a commercial node focused on small local business should be established at the intersection of Eddy and Madison Streets. Sub-area goals: Support the expansion I improvement plans for Eddy Street, from Campeau to LaSalle, calling for public works infrastructure upgrades including the introduction of treelawns, new curbs, sidewalks, street lights and paving; • Encourage design standards that confirm the urban setting (i,e,, retaining the street wall, siting off-street parking behind storefronts)and relate to the vernacular architectural styles present in the neighborhood; Facilitate consolidation of parcels and replatting to create optimally-sized commercial and multi-family residential development sites; b Facilitate acquisition and replatting of vacant parcels for new infill housing construction; Retain, expand and improve locally owned and operated businesses; • Apply strategic preservation approaches in pockets of disinvestment, including spot code enforcement, zoning enforcement, rehabilitation activity and small public works projects. C. Mate Road 23 Since the adoption of the Northeast Neighborhood Development Area Plan in 2003, the neighborhood has embarked on a series of planning efforts in order to provide vision and guidance for development that is more closely tailored to specific areas of the neighborhood. A significant project that will impact the Northeast Neighborhood will be improvements to State Road 23 (see Attachment A). The City of South Bend and neighborhood residents have worked with the 1NDOT to develop plans for improvements to State Road 23 that will positively impact the neighborhood by promoting patterns of land use, urban design, infrastructure and services that will encourage and contribute to the livability of the neighborhood, As the project moves forward, it is important to maintain continued communication and coordination with the State, 10 Engineering plans for improving State Road 23 are currently being finalized by the State (INDOT) with construction anticipated to begin in 2012. Plans call for widening State Road 23, between Twyckenham Drive and Campeau Street, and will introduce a landscaped median-divided highway with two lanes of traffic in each direction and calls for the reconfiguration of the Five Points intersection, The improvements to State Road 23 will create a number of opportunities for new development in neighborhood. With the increased capacity of State Road 23 it is anticipated that traffic will also increase and cause the property along the roadway to become highly desirable for new development and businesses. In order to protect property values and the neighborhood's character, development along State Road 23 from Twyckenham to Campeau should be restricted to professional services offices and small scale retail. These uses will help to buffer the surrounding residential properties from the impacts of the increased traffic. In addition, the reconfiguration of the Five Points intersection will create a number of parcels for future development. The new intersection will be a commercial node and a key transition area between Eddy Street Commons, the Eddy Street Corridor South and the future office f small scale retail development along State Road 23, The newly created development parcels located at the Corby Boulevard and State Road 23 intersection, and the surrounding area, should be focused on mixed use development. Although the roadway improvements will not directly impact the intersection of State Road 23 and Edison Road, and its immediate surroundings, this area will continue to be monitored to ensure that any future development complements activities occurring along State Road 23 and will continue to be supported as a commercial node. Goals and objectives for the State Road 23 corridor: o Preserving and enhancing the quality of life as identified by residents, including easy access to neighborhood schools, parks and commercial areas; and public safety; Improving the accessibility and making physical improvements to Fredrickson Park; Creating a redevelopment strategy for the Area, including a vision for mixing commercial and residential uses, improved traffic circulation, enhanced streetscapes, and public gathering space; Reducing traffic congestion and improving pedestrian and bike access along State Road 23. Expanding the off-street trail system to provide enhanced multi-modal access to parks, schools, and commercial areas. D. Future Development Areas Given limited resources, efforts need to be made in a focused manner in order to maximize the impact and overall visibility of redevelopment; so not all portions of the Northeast Neighborhood Development Area can be addressed at once. Although the 11 ,current focus is within the Development Plan Sub-Areas,these focus areas will shift over time as redevelopment and preservation efforts stabilize and stimulate the desired development within the neighborhood, Based on current activities, it is anticipated that in the future there will be two additional Revitalization Areas; both located east of Eddy Street and south of State Road 23, Priority will be given to the north, moving southwards, with the focus area of Revitalization Area North being on the area between Howard and Chalfant Streets. As neighborhood conditions stabilize, and additional resources become available, efforts will shift to Revitalization Area South, covering the area between Bissell and Cedar Streets, These areas are predominately single family detached residential housing and should remain as such, Also, efforts should be made to make Fredrickson Park more visible and accessible to the public. In addition, improvements should be made to the park so it plays a role in the redevelopment effort and is viewed as an invaluable asset to the area. Both areas should be monitored to ensure that any future development transitions into and complements the activities of any adjacent sub-area. Goals and Objectives for the Future Development Areas: Apply strategic preservation approaches in pockets of disinvestment, including spot code enforcement, zoning enforcement, rehabilitation activity and small public works projects; Improving the accessibility and making physical improvements to Fredrickson Park; Encourage housing design that confirms the urban setting and relates to the vernacular architectural styles present in the neighborhood. E. Senior Housing There is currently a lack of housing options for seniors that wish to remain in, or move into, the neighborhood. As such senior housing should be examined as a high priority for the neighborhood. It is recognized that it is common for senior housing to be single story; however, depending on the characteristics of the selected site, multi-story buildings may be more desirable and consistent with the sites surroundings. In this case an effort should be made to ensure this development is multi-story, incorporating elevators in order to make it senior friendly. F. Public Infrastructure l Utilities As development occurs in the Northeast Neighborhood careful consideration should be given to the use and placement of infrastructure and utilities so as to minimize the negative impact on future development parcels and existing residential areas. In particular, with the changes to the Five Points intersection, there will be a need to re- route the existing power lines. The new power lines should be placed so that they have a minimal impact on the aesthetics of the future development; with the preferential routing 12 to be at the rear of buildings and along alleys in order to reduce visibility along State Road 23 and at the new Five Points intersection. G. Design Control When the Northeast Neighborhood Development Area Plan was initially established in 2003, a design control overview was described in Section VII. A. (Design Control Objectives). Given the changing conditions in the eight (S) years since the Development Plan was established reference to the Design Review Administrator shall be struck and Section V11. A. should be amended as follows: The Northeast Neighborhood Design Guidelines have been adopted by the Area Plan Commission, the Common Council and the Redevelopment Commission. In addition, a Northeast Neighborhood Development Area Overlay Zoning District was developed based on these previously approved Design Guidelines. The Overlay Zoning District provides additional design controls for new development and has been approved by the Area Plan Commission and the Common Council. The Area Plan Commission, the Board of Zoning Appeals, the Common Council and the Building Department will be responsible for all design controls within the Development Area. The Redevelopment Commission, through its staff, will serve in an advisory capacity for the Development Area. i. Powers and Duties The Building Department will be responsible for reviewing the plans and specifications for all projects located within the area to ensure development complies with the Zoning Ordinance, including the Zoning Overlay District, 2. Development Control The Area flan Commission and the Common Council have adopted the Zoning Overlay District, which is now incorporated within the South Bend Municipal Code for use by developers on all projects within the area. The Building Department will base approval of plans on how well the proposals have followed these guidelines. The staff of the Redevelopment Commission will serve as advisory members to the review process within this Development Area. The zoning Overlay District may be reviewed and revised as necessary by Area Plan Commission and Common Council action. 3. Permits 13 No permit shall be issued for construction, reconstruction, alteration or rehabilitation of any building in the Development Area until the plans and specifications for the building have been approved by the Building Department. 4, Review All proposals filed with the Building Department will be reviewed for compliance with the standards and objectives of the flan and the Zoning Ordinance, which includes the Zoning Overlay District, prior to approval. H. Zoning When the Northeast Neighborhood Development Area Plan was initially established in 2003, a proposed zoning map was developed. The majority of the zoning is believed to accurately reflect the development which is desired, however there are a few areas where the changing conditions in the Development Plan have resulted in updated proposed zoning. All the proposed zoning is consistent with the future development discussed previously in each of the sub-areas. 1. Five Points Redevelopment Area The Five Points Redevelopment Area is proposed to be zoned Mixed Use in order to best meet the sub-area goals such as; small scale, mixed use development, pedestrian friendly, and attract retailers that provide day to day needs of residents. However, a Planned Unit Development ("PUD") with these characteristics is encouraged for this Redevelopment Area, 2. "The Triangle" "The Triangle"development calls for an urban infill neighborhood which will be created through a replatting of the entire development area. This replat will create 55 single family residential parcels. In order to best accommodate this proposal it is anticipated that the area will be rezoned as a PUD. 3. Georgiona-Talbot Redevelopment Area On the south side of State Road 23, in the Georgiana-Talbot Residential Redevelopment Area, it is proposed that the properties beginning on the west side of Talbot moving westward until reaching the intersection of Howard Street and 34 State Road 23 be zoned office. This zoning will allow development of business along State Road 23 and will buffer the residential area on Howard Street from the noise and traffic of State Road 23. 4. Parcels Along Howard Street And Corby Boulevard It is proposed that parcels along Howard Street and Corby Boulevard, east of the Five Points Redevelopment Area, be zoned Multifamily—Urban Corridor Residential ("MF 1"). This zoning will provide a buffer between the more intense use of the new development at the reconfigured Five-Points and the surrounding single family residential. S. West Side Of Eddy Street Between Chalfant Street And Sarin Street Along the west side of Eddy Street, between Chalfant Street and Sorin Street, the zoning is proposed to be MFI. The plan envisions a more intense and multi-family or single family attached development pattern along Eddy Street with the addition of rear-loaded townhomes /rowhomes fronting Eddy Street. Further south at the intersection of Eddy Street and Madison Street it is proposed that the southeast, southwest and northwest corners be zoned focal Business. This zoning will allow for small scale businesses which will provide for the daily needs of area residents, such as a book store or pharmacy. On the northeast coiner as well as parcels moving east along Madison Street should be zoned MF1. This zoning will allow rowhouses/townhouses to be built which will help provide a transition area between the more intense uses, such as South Bend Clinic and the commercial node at Madison Street and Eddy Street, and the surrounding single family residential. 6 South Bend Avenue West Of Eddy Street The majority of the properties along South Bend Avenue west of Eddy Street should be zoned Single Family and Two Family Residential ("SF2"). The vast majority of the homes in this area are currently used as single family residences and should remain. 7. City Plan In addition, City Plan, A 20-Year Comprehensive Plan for the City of South Bend should be referred to when considering future development and zoning. 15 i.� P1� • •i\ FEE f E 1 O ctt Q fit - —- -- . —„ �{�� � �I � -fir �• _ 'i• '� Ere � ` . .:� � e E 11 r fl \ ti Blip (w9yA Avg Sin of + . wo z 141,�j To r7, ;S'lu -Fill. zil NJ, I X�Vt S, k13AT m i g, ;Y(]•PRi;li• <C I. 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I �I • A sh 7' Q M,d3 y 72 ��. , ! � r Q v L rk {; - � `: �'�� -• I � I •:_� _ } 'R.£p176fJ`ip-ii y -� t ii T { ` - 411 �i i --�. ij• "I t Exhibit B (Plan Commission Order) RESOLUTION NO. 224-11 RESOLUTION OF THE ST.JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING-THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the"City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment(the "Department"): and WHEREAS, on October 25, 2011, the Commission approved and adopted its Resolution No, 2949 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA" (the "Declaratory Resolution"), attached hereto as Exhibit A; and WHEREAS, the Declaratory Resolution amends the Northeast Neighborhood Development Area Development Plan (the"Plan") for the Northeast Neighborhood Development Area (the "Area") and adopts an amendment to the Plan (Exhibit A to the Declaratory Resolution) (the"Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act,the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved,ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 15th day of November, 2011. ST, JOSEPH COUNTY AREA PLAN COMMISSION Presi ent ATTEST: etary -2- 1400 Cotes CrrrBurLDINC PHoNF 5741235-9241 227W jRFFEFsoN BOULEVARD �,���;� �i� PAx 5741235-7670 SoLTm BEND,INUANA 46601-1830 2865 CITY OF SOUTH BEND STMHEN T. LUFcn,MAYOR .DEPARTMENT OF I.AW CHARLEs S. LEONE ALADEAN M. DEROsF, CtrYATTORNEY CHTFFAsslsrANTCrrYA *oRNEY November 16, 2011 Mr. Derek Dieter, President l -� South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 RE: Proposed Expansion to the boundary of the South Bend Central Development Area Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the South Bend Central Development Area (SBCDA) to expand the boundary of the SBCDA. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The AFC's resolution (No. 223-11) is now submitted to the South Bend City Common Council for its approval. This expansion of the SBCDA will allow for the establishment of new public infrastructure to support the proposed residential development per the Howard Park Neighborhood Plan completed in 2009. Either Jitin Kain or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. rr 4 Sincer fi i a nce J. Meteive ,r ssistant City ttorntpTY0LVJN Ti4oMAs L. BODNAR CHERYL A. GREENE ANN-CAROL NASH ANDREA L.BEACHKOFsKY LAwRFNCE j.METETVER JEFFREY L. SANFORD JOHN E. BRODEN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on October 25, 2011, approved and adopted its Resolution No. 2951 (the "Declaratory Resolution") Exhibit A, amending the boundary of the South Bend Development Area Development Plan (the "Plan") for the South Bend Central Development Area (the "Area") and amending the South Bend Central Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on November 15, 2011, adopted and approved a resolution (No. 223-11), a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designated such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the PIan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the South Bend Central Development Area (the "Area"); NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows; 1. The Plan Commission Order (Resolution No. 223-11) attached hereto is in all respects hereby approved, ratified and confirmed. 2, This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 28th day of November, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: Member of the Common Council NOY 2 1 O'd PRESENTE C17Y CL NOT APPROVEtk Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION NO. 2951 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA WHEREAS, the South Bend Redevelopment Commission ("Commission"), governing body of the City of South Bend Department of Redevelopment ("Department"), on May 10, 1985, adopted Resolution No. 737 declaring the South Bend Central Development Area ("Area") in the City of South Bend, Indiana ("City") to be a blighted area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. 36-7-14 ("Act"); and WHEREAS; Resolution No. 737 and the South Bend Central Development Area Development flan ("Development Plan") adopted by Resolution No. 737 on May 10, 1985, were confirmed by Resolution No. 739 adopted on June 14, 1985; and WHEREAS, Resolution No. 737 was amended by Resolution No. 745, adopted on August 9, 1985 and confirmed by Resolution No. 750, adopted on September 30, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 751, adopted on November 8, 1985 and confirmed by Resolution No. 757, adopted December 20, 1985; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 795, adopted on .February 27, 1987, and confirmed by Resolution No. 798, adopted on April 10, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 800, adopted on April 24, 1987, and confirmed by Resolution No. 803, adopted on June 26, 1987; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 834, adopted on March 11, 1988 and confirmed by Resolution No. 836, adopted on April 15, 1988, and said resolutions expanded the South Bend Central Development Area by adding Expansion Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 867, adopted on February 10, 1989, and confirmed. by Resolution No. 874, adopted on March 24, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 881, adopted on July 28, 1989; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 893, adapted on October 27, 1989 and said Resolution No. 893 expanded the South Bend Central Development Area by adding Expansion Area No. 2 and Expansion Area No. 3; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 921 adopted on March 23, 1990; and WHEREAS, Resolution No. 737 was further amended by Substitute Resolution No. 944 adopted on July 27; 1 990; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 974 adopted on January 25, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1019 adopted on October 11, 1991; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1077 adopted on July 24, 1992; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1205 adopted on January 4, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. I284 adopted on September 2, 1994; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1547 adopted on November 21, 1 997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1559 adopted on December 19, 1997; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1562 adopted on February 24, 1998; and WHEREAS. Resolution No. 737 was further amended by Resolution No. 1723 adopted on December 17, 1999; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1737 adopted on February 18, 2000 and said Resolution No. 1737 expanded the South Bend Central Development Area by adding Expansion Area No. 4; WHEREAS, Resolution No. 737 was further amended by Resolution No. 1758 adopted on July 7, 2000: and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1783 adopted on August 4, 2000; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1843 adopted on September 7, 2001; and WHEREAS, Resolution loo. 737 was further amended by Resolution No. 1901 adopted on September 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1922 adopted on December 6, 2002; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1952 adopted on March 7, 2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 1973 adopted on June 6,2003; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2001 adopted on October 3, 2003; and said Resolution No. 200I expanded the South Bend Central Development Area by adding Expansion Area No. 5; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2014 adopted on November 17, 2003; and said Resolution No. 2014 expanded the South Bend Central Development Area by adding Expansion Area No. 6; and WHEREAS, Resolution No. 737 was further amended by Resolution No, 2015 adopted on December 19, 2003; and said Resolution No. 2015 contracted the South Bend Central Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2105 adopted on November 5, 2004; and said Resolution No. 2105 expanded the South Bend Central Development Area by adding Expansion Area No. 7; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2145 adopted on March 4, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2185 adopted on October 7, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2192 adopted on December 2, 2005; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2328 adopted on May 18, 2007; and WHEREAS, Resolution No. 737 was Further amended by Resolution No. 2374 adopted on July 7,2004; and WHEREAS, Resolution No, 737 was further amended by Resolution No. 2385 adopted on November 2, 2007; and said Resolution No. 2385 expanded the South Bend Central Development Area by adding Expansion Area No. 8; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2425 adopted on January 18, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2441 adopted on March 28, 2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2467 adopted on July 18,2008; and WHEREAS, Resolution No. 737 was further amended by Resolution No. 2595 adopted on August 26, 2009; and WHEREAS, on September 27, 2011, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the South Fiend Central Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the South Bend Central Development Area and the Development flan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Development Plan cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the expansion of the South Bend Central Development Area which shall include the area identified in Exhibit A; and WHEREAS, consistent with the Act, the Commission has previously caused to be prepared certain maps and plats of the South Bend Central Development Area, and has supplemented said maps and plats of the South Bend Central Development Area by causing to be prepared additional maps and plats depicting a blighted area that is located adjacent to the South Bend Central Development Area and herein referred to as "Expansion Area No. 9"; and WHEREAS, said maps and plats of the South Bend Centrai Development Area and Expansion Area No. 9 show the boundaries of said areas, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of said areas and parts of the areas that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purj)oses under the plan for the redevelopment of the South Bend Central Development Area and Expansion Area No. 9 as described above; and WHEREAS, Section 17.5 of the Act provides for the means for amending a resolution or plan in a way that enlarges the boundaries of a redevelopment area by not more than twenty percent (20%) of the original redevelopment area or adds one (1) or more parcels to the list of parcels of property to be acquired; and WHEREAS, in accordance with the Act, the Commission desires to amend Resolution No. 737 by expanding the South Bend Central Development Area to add the following described area hereinafter referred to as "Expansion Area No, 9" in order to facilitate and enhance the replanning and redevelopment of the South Bend Central Development Area, which Expansion Area No. 9 is more particularly described as follows; See Exhibit A Expansion Area No. 9 WHEREAS, the Commission desires to further amend Resolution No, 737 by expanding the South Bend Central Development Area to include Expansion Area No. 9 in order to facilitate and enhance the replanning, redevelopment and disposition of property within said combined areas; and WHEREAS, there was also presented to this meeting of the Commission for its consideration and approval a proposed amendment to the South Bend Central Development Area Development Plan entitled "Expansion of South Bend Central Development Area (SBCDA)" (the "Plan Amendment"), which said Amendment is attached hereto and incorporated herein as Exhibit B; and WHEREAS, Section 39 of the Act permits the creation of an allocation area within a redevelopment area to provide for the allocation and distribution, as provided by the Act, of the proceeds of taxes levied on property situated in the allocation area; and WHEREAS, the Commission, in accordance with the Act, has previously established the South Beni Central Allocation Area (South Bend Central Allocation Area No. IA); and WHEREAS, the Commission, in accordance with the Act, expanded the boundaries of the South Bend Central Allocation Area (South Bend Central Allocation Area No. IA) to include Expansion Area No. 1 by the adoption of Resolution No. 834, adopted on March 11, 1988, and confirmed by Resolution No. 836; adopted on April 15, 1988, and to include Expansion Area No. 2 and Expansion Area No. 3 by the adoption of Resolution No. 893, adopted on October 27, 1989, and to include Expansion Area No. 5 by the adoption of Resolution No. 2001, adopted on October 3, 2003, and to include Expansion Area No. 6 by the adoption of Resolution No. 2014, adopted on November 17, 2003, and to include Expansion Area No. 7 by the adoption of Resolution No. 2105, adopted on November 5, 2004, and to include Expansion Area No. 8 by the adoption of Resolution No. 2385, adopted on November 2, 2007, and to exclude Reduction Area No. I by the adoption of Resolution No. 2015, adopted on December 19, 2003 (collectively referred to herein as "Allocation Area No. 1A")7 and WHEREAS, Allocation Area No. I A does not include Expansion Area No. 4 as described and approved in Resolution No. 1737, adopted on February 18, 2000; and WHEREAS, the Commission desires to amend Allocation Area No. lA to include Expansion Area No. 9; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City, NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT,AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to expand the boundaries of the Area, as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as pleasured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The South Bend Central Development Area Allocation Area No. lA is hereby expanded to include Expansion Area No. 9, as described herein (collectively, "Allocation Area No. IA"), so that the boundaries of Allocation Area No. ]A are coterminous with the boundaries of the South Bend Central Development Area, with the exception of Expansion Area No, 4, which is excluded from Allocation Area No, IA. Any taxes levied on the property imposed under IC 6-1.1 in Allocation Area No, 1 A shall be allocated, distributed and used as provided in Resolution 737, as amended, and by the Act. The base assessment date for Expansion Area No. 9 for the purposes of the Act shall be March 1, 2009. Allocation Area No. IA, as expanded, shall be known as the "South Bend Central Allocation Area (South Bend Allocation Area No. 1 A)." 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6, The Snaps and plats of the South Bend Central DeveIopment Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, which snaps and plats were previously adopted by the Commission, are hereby confnned by the Commission. 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist, 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, offenses committed or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. (Baianc•e vfpage ill tentiolzcjll),,,Igft h1ank) ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on October 25, 2011, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ire Marcia I. Jones, esident Prlitrni lame all if e South Bend Redevelopment Commission ATTEST. David A. Varner, Vice President rurn> A`r,naea„ it c South Bend Redevelopment Commission EXHIBIT A TO RESOLUTION NO.2951 DESCRIPTION OF EXPANSION AREA NO. 9 Beginning at a point on the East right-of-way line of Notre Dame Avenue which is South 205 feet from the South right-of-way line of Wayne Street; thence East 173 feet; thence North 102.5 feet; thence East 171.07 feet to the West right-of-way line of Frances Street; thence South along said West line 102.5 feet to a point of intersection with the North right- of-way line of Quimby Street extended West; thence East along the North right-of-way line of Quimby Street and its Westerly extension to the West right-of-way line of Eddy Street; thence South along said West line to the South line of the Plat of Parry's Addition; thence West along the said South line and the South line of the Plat of Beck's I"Addition to the West right-of-way line of Frances Street; thence South along said West line to the Northeasterly right-of-way line of Northside Boulevard; thence Northwesterly along said Northeasterly line to the East right-of-way line of Notre Dame Avenue; thence North along said East line to the point of beginning. r: HKA, k SBCDA► Expansion Myna MW o a Y { 5r t S1 $ ' I Legend "�• �� ° ; New Addition. 7ranspo SBCDA a 97.5 76 iae azs Soo Map of Erpansion Area EXHIBIT B TO RESOLUTION NO. 2951 AMENDMENT TO THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN EXPANSION OF THE SOUTH BEND. CENTRAL DEVELOPMENT AREA (SBCDA) 1. AREA EXPANSION STATEMENT Redevelopment staff proposes the expansion of the South Bend Central Development Area (SBCDA) to include portions of the former South Bend Public Transportation Corporation (TRANSPO) property as well as adjacent properties. Addition of these properties to the SBCDA will allow for the establishment of new public infi•astructure to support the proposed residential development per the Howard Park Neighborhood Master Plan, a study completed by the Commission in 2009. 2, DESCRIPTION OF PROJECT Summary In the fall. of 2010, TRANSPO relocated its operations to a new facility by Ignition Park, leaving behind approximately 10 acres of prime land in the Howard Park Neighborhood. A study conducted by the Redevelopment Commission, The Howard Park Master Plan, envisions ne-w residential development (primarily single family with potential for townhomes) at this site. It is the City's vision that the development proposed on the TRANSPO site will serve as a catalyst for future private investment in the Howard Park and East Bank Village area of downtown. TRANSPO currently owns approximately 10 acres of property in the downtown area. Of these 10 acres, 5.5 acres lie within the SBCDA while 433 acres lie outside of the SBCDA. Soiree uses adjacent to TRANSPO are of an industrial nature and are considered non-compatible with the proposed residential development. The new boundary will include the 4.33 acre TRANSPO owned parcels as well as a few adjacent non-compatible parcels. Redevelopment Planning in the Downtown Since 1968 three areas near the center of South Bend have been declared to be redevelopment areas by the South Bend Redevelopment Commission. These three areas- the Central Downtown Urban Renewal Area, the East Bank Development Area and the Monroe Sample Development Area- were each found to be blighted areas and plans were adopted to eliminate that blight and bring about new growth and redevelopment. Although each area had its own individuality in terms of land use, zoning, public improvements and plans for revitalization and redevelopment, it eventually became clear that all these areas were related to each other. The Redevelopment Commission in time merged the three areas into the South Bend Central Development Area to facilitate better planning and redevelopment. The three sub areas have had their own plans, some more specific than others. The South Bend Central and Monroe-Sample areas have seen their share of redevelopment activity over the years with the East Bank Development Area seeing the feast amount, if any. Keeping this in mind, the Redevelopment Commission began the process of creating strategic plans for the East Bank Area of the downtown in 2007. The area was divided into two phases — Phase I & Phase II given their unique characteristics. JJR, a nationally acclaimed architecture and planning firm was commissioned to create strategic Master Plans for both the phases by the South Bend Redevelopment Commission, Phase I or East Bank Village Master Plan was completed in 2008 and includes the neighborhood that lies to the North of Jefferson Blvd in the East Bank. The boundaries of Phase 11 include the neighborhood known as the Howard Park Neighborhood which is an urban residential neighborhood with commercial, light industrial, residential and mixed uses. Phase I1 Master Plan of the East Bank Area (or the Howard Park Neighborhood Master PIan) was completed in the summer of 2009. Howard Park Neighborhood Master Plan The Howard Park Neighborhood of South Bend has the potential to become an exciting, dynamic urban neighborhood with its own unique identity. Located east of the historic Howard Park on the banks of the St. Joseph River, the neighborhood is poised for private sector investment and development of its infill properties. The Howard Park Neighborhood is bounded by Jefferson Blvd. to the north, Eddy Street to the East and the St. Joseph River to the SW. The Howard Park Neighborhood Master Plan was completed by JJR, a planning firm from Chicago, IL. The consultants used a charrette process to develop the master plan which included several focus group meetings with residents, businesses and downtown stakeholders. The resulting master plan focuses on a number of development strategies and amenities. The Catalyst for•a Strategic Development Plan: The relocation of the South Bend Public Transportation Corporation (TRANSPO) facility has made approximately 10 acres of land available for development along the St. Joseph River. In addition, other non-compatible uses would offer more opportunity for infill type development in the neighborhood. Some of the considerations for a new master plan included: • Private and public sector investment in the Howard Park Neighborhood planning area had been limited for the past decade. • The river frontage and Howard Park were identified as underutilized assets of the community and could act as a catalyst for residential development projects. Along the river there was prime vacant land, currently owned by Transpo, available for immediate development consideration. • Several areas within the neighborhood were not being utilized for their highest and best use in addition to opportunities presented by several vacant and prime "in-fill" sites. • Opportunities for development within the Howard Park area were poised for success due to significant investments in the contiguous Downtown: Innovation and Ignition Park, the St. Joseph Regional Medical Site and Eddy Street Commons. • There was some positive momentum in the Howard Park neighborhood due to the construction of "in-fill'' single family homes. on Notre Dame Avenue, by Weiss Homes. 3. ECONOMIC IMPACT OF PROJECT The new residential development at the TRANSPO site will generate new tax revenue for the City in return for the provision of additional infrastructure and services. Residential developments increase population of a community and have an effect on the schools, libraries, parks and other community services. The proposed development project will result in two types of revenue streams: direct and indirect revenue. 1. Direct Revenue: This revenue will be generated from property taxes, impact fees and utility fees. 2. Indirect Revenue: This revenue may not be directly traced back to the development but is a very important component of the overall fiscal impact. New residents in the development project will pay sales taxes toward the purchase of goods and income taxes to their respective employers. The revenue generated will have a positive impact on the region. The graphic below explains this impact to the region. Direct vs. Indirect Revenue Direct Revenue New Residential Development - I • Impact Taxes Rees • Utility Charges Indirect Revenue New Residents attract new businesses that pay taxes I�Crys New Residents have jobs and pay€ncgme taxes. Employers also pay taxes New residents purchase goods and services and pay sales taxes ImIjact on Municil)al Services The City of South Bend is financially able to support city services to the proposed project in the Transpo site. City utilities are currently present in the area so the only additional cost would be to upgrade the water and sewer connections when the new development takes place. Additionally, Police and Fire protection is already provided for this area. The new development is not expected to impact the existing budget of the Police or Fire Departments 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. The new development at the TRANSPO site will need new public infrastructure such as new streets; sidewalks and street lighting. It is estimated that this new infrastructure will be paid for with SBC,DA TIF revenue. 4. ESTIMATE OF INFRASTRUCTURE COSTS AT TRANSPO SITE The Howard Park Neighborhood Master Plan calls for infrastructure improvements at the former Transpo site to enable the proposed residential development on the 10 acre site. The plan calls for new roadway development, new alleys, sidewalk, decorative street lighting and landscaping to enhance the appeal of the neighborhood. The following is an estimate of the infrastructure costs: Total Iength of roadway: 5,200 Ll~T Total length of new alleys: 2,600 LFT ITEMS ESTIMATED COST Curb $312,000 Sidewalk $184,000 Street Paving/Construction $110,000 Alley Paving f Construction $58,000 Decorative Lighting $410,000 New Landscpaing/Restoration $100,000 ROW Services (Survey/Platting) $85,000 Total $1,259,900 Contingency(20%) $251,980 Grand Total $1,511,880 Exhibit B (Plan Commission Order) RESOLUTION NO, 223-11 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment (the "Department"): and WHEREAS, on October 25, 2011, the Commission approved and adopted its Resolution No, 2951 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA" (the "Declaratory Resolution"), attached hereto as Exhibit A; and WHEREAS, the Declaratory Resolution amends the boundary of the South Bend Central Development Area Plan (the "Plan") for the South Bend Central Development Area (the "Area"), and adopts an amendment to the Plan (the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 15 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this.meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 15th day of November, 2011. ST. JOSEPH COUNTY AREA PLAN COMMISSION Presi ent ATTEST: etary _2. 1400 CouNw Crrr BtunTNc .\ �i C v PHONE 5741235-9241 227 W.YPPERSON BOt�VARD •� ;' FAx 5741235-7670 PA SouTH BwD,INDfANA 46601-1830 1865 CITY OF SouTH BEND STEPHFN J. LUECKE,MAYOR DEPARTMENT OF LAW CHARLES S. LEONE EAN M. DERosI; CirYATTORNFY CHIEF 1ST�lNTkC' ATTORNEY November 16, 2011 Mr. Derek Dieter, President �w South Bend.Common Council ; 1 , 4'h Floor County-City Building South Bend, IN 46601c { RE: Proposed Addition of various parcels to the Airport Economic Development Area Acquisition List Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the Airport Economic Development Area (AEDA) to add various parcels to the AEDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The AFC's resolution (No. 222-11) is now submitted to the South Bend City Common Council for its approval. The first parcel is located at 401 N. Bendix Drive and is adjacent to the Bosch complex. Adding this parcel would allow for broadened development possibilities at the Bosch site as we look to future users and potential plans for expansion. The other three parcels are located at the 1300 block of South Michigan Street. This is an area in which the City owns a number of individual parcels within the block so acquisition of the sites would allow for better site control and a more developable, marketable site. Either Matt Sikora or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. ince 'L ce J. etelver lstant City Attorney THomAs L. BODNAR CHERYL A. GREENE ANN-CAROL NASH ANDREA L.BEACHKOFSKY LAwRyNCE].METEIvER JEFFREY L. SANFORD JOHN E. BRODFN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on October 25, 2011, approved and adopted its Resolution No. 2950 (the "Declaratory Resolution"), Exhibit A, amending the acquisition list in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area") and amending the Airport Economic Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of 401 North Bendix Drive, 1300 South Michigan Street, 1313 South Michigan Street, and 1327-1331 South Michigan Street, South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on November 15, 2011, adopted and approved a resolution (No. 222-11), a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order (Resolution No. 222-11) attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 28th day of November, 2011. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA B ` Member of the Common Council PRESENTED NOT APPROVE6 CITY Wla"AK. Exhibit A (Declaratory Resolution of the Redevelopment Commission) RESOLUTION NO. 2950 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS,the South Bend Redevelopment Commission("Commission"),governing body of the City of South Bend Department of Redevelopment ("Department"), on February 23, 1990, adopted Resolution No. 919 declaring the Airport Economic Development Area("Area")in the City of South Bend, Indiana ("City") to be an economic development area within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, I.C. § 36-7-14 (the "Act"); and WHEREAS, Resolution No. 919 and the Airport Economic Development Area Economic Development Plan(the "Development Plan")adopted by Resolution No, 919 on February 23, 1990 were confirmed by Resolution No. 938 adopted on June 27, 1990; and WHEREAS, Resolution No. 919 was amended by Resolution No. 965, adopted on November 9, 1990 and confirmed by Resolution No. 971 adopted on January 2, 1991 and said resolutions expanded the Airport Economic Development Area by adding Expansion Area No. I and Expansion Area No. 2; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1058,adopted on May 22, 1992 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 3; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1238,adopted on April 15, 1994; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1349,adopted on July, 7, 1995 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 4; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1516 adopted on July 18, 1997; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1545,adopted on November 21, 1997 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 5; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1667,adopted on February 19, 1999 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No. 6, 7, and 8; and WHEREAS,Resolution No. 919 was further amended by Resolution No, 1670,adopted on March 5, 1999; and WHEREAS,Resolution No, 919 was further amended by Resolution No. 1796,adopted on October 20,2000 and said resolution expanded the Airport Economic Development area by adding Expansion Areas No, 9 and 10; and WHEREAS,Resolution No, 919 was further amended by Resolution No, 1798,adopted on October 20,2000; and WHEREAS,Resolution No.919 was further amended by Resolution No. 1827,adopted on February 16,2001 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 11; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1916,adopted on November 1,2002 and said resolution expanded the Airport Economic Development Area by adding Expansion Areas No, 12, 13, 14 and I5; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1958,adopted on March 7, 2003; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 1977,adopted on July 18, 2003 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 16; and WHEREAS,Resolution No. 919 was further amended by Resolution No, 2006,adopted on November 7,2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 17; and WHEREAS,Resolution No. 919 was further amended by Resolution No, 2019,adopted on December 19,2003 and said resolution expanded the Airport Economic Development area by adding Expansion Area No. 18; WHEREAS,Resolution No.919 was further amended by Resolution No,2064,adopted on July 2, 2004; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2090,adopted on October 22,2004 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 19; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2091,adopted on October 22, 2004;and WHEREAS,Resolution No. 919 was further amended by Resolution No,2106,adopted on November 5,2004; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2144,adopted on March 4, 2005 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No, 20; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2245, adopted on July 21, 2006; and WHEREAS,Resolution No. 919 was further amended by Resolution No,2254,adopted on August 25, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 21; and WHEREAS,Resolution No.919 was further amended by Resolution No.2279,adopted on December 15, 2006 and said resolution expanded the Airport Economic Development Area by adding Expansion Area No. 22; and WHEREAS, Resolution No_ 919 was further amended by the Resolution No. 2348 and Resolution No. 2351, adopted on June 19, 2007 and July 20, 2007 respectively and said resolution expanded. the Airport Economic Development Area by adding Expansion Area No. 23 and consolidating the Sample Ewing Development Area(the"Consolidated Area No. I")into the Airport Economic Development Area; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2352, adopted on July 20, 2007; and WHEREAS,Resolution No. 919 was further amended by Resolution No, 2375,adopted on September 7, 2007; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2382,adopted on October 19, 2007; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2450,adopted on May 16, 2008; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2596,adopted on August 26, 2009; and WHEREAS,Resolution No. 919 was further amended by Resolution No.2668,adapted on May 21, 2010; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 2736,adopted on August 20, 2010; and WHEREAS,Resolution No. 919 was further amended by Resolution No. 2875,adopted on July 12, 2011; and WHEREAS,the Development Plan includes a list ofpareels of property to be acquired;and WHEREAS,it is necessary to modify the list of parcels of property to be acquired by adding additional parcels of property to the acquisition list; and , WHEREAS,the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the parcel of property set forth in Exhibit A; and WHEREAS, on October 11, 2011,the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the Airport Economic Development Area within the City; WHEREAS,pursuant to the Act,the Department has conducted surveys and investigations and has thoroughly studied the Airport Economic Development Area and the Development Plan;and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan Amendment which shall include the acquisition of the properties identified in Exhibit A; and WHEREAS,the Plan Amendment conforms to other development and redevelopment plans for the City. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS, I. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area,as shown on Exhibit A attached hereto and incorporated herein. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment. 3, The Commission hereby determines that the accomplishment of the flan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; C) improved diversity of the economic base; d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $500,000.00. 5. The Commission hereby determines that the Alan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the Airport Economic Development Area, showing the boundaries,the location of the various parcels of property,streets,alleys and other features affecting the acquisition,clearance,replatting,replanning,rezoning or redevelopment of the Area,that are to be devoted to public ways,levees,sewerage,parks, playgrounds and otherpublic purposes under the Plan, which maps and plats were previously adopted by the Commission,are hereby confirmed by the Commission, 7. The Secretary is hereby directed to file a certified copy of said Development Plan,as amended,with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit this Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and(c) of the Act, 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued,penalties incurred, offenses committed or(except as otherwise provided herein)proceedings begun before the effective date of this Resolution. 11, All other findings, determinations and conclusions in Resolution No. 737, as amended, shall remain as stated therein.. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended, (Balance ofpage intentionally left blank) EXHIBIT A TO RESOLUTION NO. 2950 AMENDMENT TO THE AIRPORT ECONOMIC DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS Honeywell International, Inc., a Delaware corporation 018-2040-1387 formerly known as Allied 401 N Bendix signal, Inc., formerly known as Bendix Corporation 018-80040223 Vasiiiades Dimitrios 1300 S Michigan 018-8004-0224 Vasiliades Dimitrios 1313 S Michigan Adams Elenora 1= Living 018-8004-0227 Trost Elenora R Adams as 1327-1331 S Michigan Trustee Exhibit B (Plan Commission Order) RESOLUTION NO. 222-11 RESOLUTION OF THE ST.JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area flan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana(the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment(the "Department"): and WHEREAS, on October 25, 2011, the Commission approved and adopted its Resolution No. 2950 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ADDING AN INTEREST IN ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"), attached hereto as Exhibit A; and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the Airport Economic Development Area Development Plan (the "Plan") for the Airport Economic Development Area (the "Area"), identifies one or more parcels located within the Area as parcels necessary for the implementation of the Plan and adopts an amendment to the Plan(Exhibit A to the Declaratory Resolution)(the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area flan Commission,as follows: I. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved,ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Common Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 15th day of November, 2011. ST. JOSEPH COUNTY AREA PLAN COMMISSION r dent (U ATTEST: etary -2- JOHN W. BYORNI EXECUTIVE DIRECTOR - LARRY MAGLIOZZI DEPUTY DIRECTOR qAPR,CEAPLA,eN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W.JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH SEND,INDIANA 46601 (574) 235-9571 November 16,2011 The Honorable Council of the City of South Bend 1 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of the YMCA of Michiana, Inc. et al. to zone from MU Mixed Use District and LI Light Industrial District to MU Mixed Use District and CB Community Business District, property located at 1145 Northside Boulevard,and 947 Louise Street, City of South Bend-APC# 2612-11 Dear Council Members: I hereby Certify that the above referenced ordinance of YMCA of Michiana, Inc.was legally advertised on Thursday,November 3,2011 and that the Area Plan Commission at its public hearing on Tuesday, November 15,2011 tools the following action: Upon a motion by.Cohn DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of the YMCA of Michiana, Inc. et al. to zone from MU Mixed Use District and LI Light Industrial District to MU Mixed Use District and CB Community Business District, property located at 1 145 Northside Boulevard, and 947 Louise Street.,City of South Bend is sent to the Common Council with a favorable recommendation. The rezoning and adaptive reuse of these parcel best captures an effort to develop an underutilized building while being compatible with surrounding uses. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,and will be forwarded to you at a later date to be made a part of this report. Sincerely, ohn W. Byorn����i�Lf�. i V JWB:jsc Attachment CC: YMCA of Michiana, Inc. Corey D.Cressy SERVING:ST:JOSEPH COUNTY.SOUTH BEND,LAKEVILLE,NEW CARLISLE.NOR'T'H L1B€RTY.OSCEOLA&ROSELAND www.stJosephcountyindiana.com/Areaplan Additional information: (Agency comments) The Board of Zoning Appeals, at its November 2, 2011 meeting, gave a favorable recommendation for a Special Exception to allow the continued use of Parcel A as athletic fields. The Special Exception will be. heard before the Common Council at the same meeting as the rezoning. The City Engineer would like to see the number of driveway openings reduced to two and a public sidewalk installed. 5 Criteria(per IC 36-7-4-603): L Comprehensive Phan: Policy"Plan: City Plan.South Bend Comprehensive Plan(November 2006 Objective:ED 1s Stimulate the rehabilitation and adaptive reuse of property in the city. Policy ED 1.2: Encourage reuse of abandoned and underutilized land and structures. Objective LU 6: Focus development efforts within the,,$ervice Area Policy LU 6.2 Provide incentives for development utilizing existing infrastructure inside =the city,limits. Land Use Plan: The Future Land Use Map show this area as Light Industrial and Mined Use. 2. Current conditions and character: With the exception of the YMCA,the remainder of this block is vacant or underutilized. 3. Most desirable:uuse: The most. desirable use would be to allow a development that would still protect the existing community assets. 4. Conservation of property values: Due to the.mixed use of this area,surrounding property values should not be negatively impacted. 5. Responsible development and growth: It is responsible development and growth to allow the reuse of an underutilized building that is compatible with surrounding uses. Recommendation: Based on information available prior to the public hearing the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: The rezoning and adaptive reuse of these parcels best captures an effort to develop an underutilized building while being compatible with the surrounding uses. YMCA of Michiana, Inc, et al #2612-11 Page 2 of 2 Mu . u le ' Aw. .f ` + 3 AeB $tom u d" ST.J09EPH RIVER E i ! C9 ;SOUTH BEND ST.JO a i ST.JOSEPH RIVER Iil rat itd Rezoning from: "MU" MIXED USE DISTRICT AND "LI" LIGHT INDUSTRIAL DISTRICT to "CB" COMMUNITY BUSINESS DISTRICT AND "MU" MIXED USE DISTRICT ZONING CLASSIFICATION SOUTH BEND"SF2"SINGLE FAMILYAND TWO FAMILY DISTRICT — SOUTH BEND WFV URBAN CORRIDOR MULTIFAMILY DISTRICT N SOUTH BEND 11013"OFFICE BUFFER DISTRICT WSJ' SOUTH BEND"MU"MIXED USE DISTRICT SOUTH BEND"LO'LOCAL BUSINESS DISTRICT — SOUTH BEND"CB"COMMUNITY BUSINESS DISTRICT 1 inch — 250 feet SOUTH SEND"GB"GENERAL BUSINESS DISTRICT _... - SOUTH SEND'ILI"LIGHT INDUSTRIAL DISTRICT P # 2612-11 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 NORTH OF 1145 NORTHSIDE BOULEVARD AND TO THE WEST OF 947 LOUISE STREET COUNCILMANIC 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 hall(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 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 I145 Northside Boulevard in the City of South Bend, St.Joseph County, State of Indiana: PARCEL 1: 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 Boulevard in the City of South Bend, 469 feet Southeasterly from the point of intersection of the said Northeasterly line with the Southeasterly line of the right of way of the Grand Trunk 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 Boulevard, 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 Boulevard, 63.79 feet to an iron stake;thence Northeasterly along a lime 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 fortes 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 I1: A tract of land 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 Proposed; thence running North 85 057' West along the South line of Ruskin Street Proposed, 5.72 feet;thence running North 81°49' West along the South line of Ruskin Street Proposed, 355.68 feet,more or less, to the point of beginning of this description, from the beginning 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 Boulevard; 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& Western 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 CB Community Business District. SECTION II. This ordinance shall be in full force and effect beginning July 11, 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(114)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 comer 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 34991 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 of 90 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 MU Mixed Use District. SECTION IV. This ordinance shall be in full force and effect beginning July 11, 2012 after its passage by the Common Council,approval by the Mayor, and legal publication. BARNESÞBURO LLP 600 1st Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Alan S.Feldbaum Fax(574)237-1I25 (574)237-1114 www.btlaw.corn alan.feldbaum@brlawcom November 22,2011 HAND DELIVERED Mr. John Voorde -- Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: Ordinance for Consideration by the Common Council Pertaining to Those Certain City of South Bend, Indiana Variable Rate Demand Economic Development Revenue Bonds, Series 2007 (PET/Genesis Project) Dear John: We are serving as bond counsel with respect to the modification of certain of the terms of the above- referenced bonds(the"Bonds'),and in such capacity we are hereby delivering to the Clerk of the City of South Bend the enclosed copies of the proposed Supplemental Bond Ordinance (the "Supplemental Bond Ordinance") pertaining to the Bonds, together with two copies of substantially final forms of each of the following documents(the`Bond Documents"), which are incorporated by reference into such Supplemental Bond Ordinance; (i) the Second Amended and Restated Trust Indenture (as described in the Supplemental Bond Ordinance); and (ii) the Second Amended and Restated Loan Agreement (as described in the Supplemental Bond Ordinance). The purpose of the Supplemental Bond Ordinance is to authorize the execution of the Bond Documents for the purpose of making certain changes in the terms and provisions which are contained in the original Bond documents,including,among other matters,authorizing an additional interest rate mode for the Bonds. We hereby request that such Supplemental Bond Ordinance be scheduled for first reading before the South Bend Common Council on November 28,2011 and that it be considered for passage on December 12, 2011, and that the Supplemental Bond Ordinance and the Bond Documents be made available for public inspection,in accordance with Section 36-1-5-4 of the Indiana Code.Phil Faccenda or I will be attending the meeting on December 12, 2011 to explain the Supplemental Bond Ordinance and to answer any questions. As you may know,in serving as a conduit in connection with these economic development bonds,the City bears no responsibility,financial or otherwise,with respect to the payment of,principal of and interest on the Bonds. The ordinance specifies that in Section 6. The issuance of the Bonds by the City merely allows the Borrower to obtain tax-exempt financing as provided for under the Internal Revenue Code. If you have any questions,please feel free to call us. Sincerely, BARNES ÞBURG L P x q Alan B.Feldbaum 1 ~ � Enclosures SBDS02 426666A Atlanta Chicago Delaware Indiana Michigan Minneapolis Ohio Washington, D.C. COUNTY-CITY BUILDING _ PHONE 574-235-9216 227 W BEND RN 46603 BOULEVARD � OU TIC$ FAX 574235-9928 t i CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR OFFICE OF ADMINISTRATION& FINANCE GREGG D.ZIENTARA, CITY CONTROLLER November 23, 2011 Mr. Derek Dieter w\ l lo President, South Bend Common Council 4ffi Floor, County-City Building South Bend, IN 46601 Re.- Ordinance of the Common Council Transferring Monies from the Rainy Day Fund to Support Temporary Cash Flow Issue Negative Cash Balances in Certain City Funds Dear President Dieter; Effective January 1, 2011, the City of South Bend established the Unemployment Compensation Insurance Fund #713 (Ordinance No. 10059-10, adapted 1211312010) for the payment of unemployment insurance compensation claims in a single fund affecting an improved financial control over unemployment compensation claims required to be paid to former employees presented to the city by the Indiana Department of Workforce Development. Ordinance 10059-10 provided for the implementation of an "unemployment claim fee" to be charged to city operating departments to provide funding from departmental operations to the Unemployment Compensation Insurance Fund to affect payment of unemployment insurance claims. Due to a higher level of unemployment compensation insurance claims paid to former city employees than originally anticipated and projected, entirely the result of federal legislation extending the length in the months of benefit coverage, the Unemployment Compensation Insurance Fund is currently in a deficit balance. It is therefore necessary to temporarily transfer monies in the amount of $25,000 from the Rainy Day Fund 102 to the Unemployment Compensation Insurance Fund 713 to correct the deficit thereby meeting 2011 operational costs. The Rainy Day Fund has sufficient monies (in excess of $8.4 million) to accommodate this temporary cash transfer. I have attached a pro-forma cash flow schedule to this letter (not a part of the spending bill request) to provide Council with an improved understanding of the 2011 Unemployment Compensation Insurance Fund actual activity and a projection of forecasted 2012 cash flow activity. The pro-forma analysis demonstrates the high level of claim "payments", the result of extended federal benefit coverage, paid for by the City of South Bend versus the projection of claim payments indicated as "receipts"on the pro-forma schedule. The claim payments declined in the second half of 2011 due to benefit eligible former employees reaching the federal maximum months of benefit claim. The City pro-forma projection of Unemployment Compensation Insurance Fund activity in fiscal 2012 indicates a return to a more normalized level of anticipated unemployment claims. The Unemployment Compensation Insurance Fund will reimburse the Rainy Day Fund prior to June 30, 2012. The Office of the City Controller will continue to review the activity in this fund and the activity of unemployment claims in fiscal 2012 and determine and effect any required adjustments in "unemployment claim fees"charged to City operating Departments and funds. Further, the Office of the City Controller, through the Human Resource Department, will discuss and investigate with the Indiana Department of Workforce Development, potential strategy and approach to affect an improved control, if possible, of unemployment insurance claims. City Administration requests the Common Council to consider this Bill for 1"' read at the November 28, 2011 Common Council meeting, with 2"d read, public hearing, 3"d read and Council vote at the December 12, 2011 Council Meeting. City Administration requests this Bill be assigned to the Personnel & Finance Committee. Controller Zientara will present this Bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. I am available to discuss any matters concerning this Bill at the convenience of the Council. Rega Greg . Zie ara cc: ephen J. Luecke, Mayor of the City of South Bend END P, ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING $25,000 FROM THE RAINY DAY FUND NO. 102 TO THE UNEMPLOYMENT COMPENSATION INSURANCE FUND 713 WITHIN THE CITY OF SOUTH BEND STATEMENT OF PURPOSE AND INTENT Effective January 1, 2011, the City of South Bend established the Unemployment Compensation Insurance Fund 713 for the payment of unemployment claims in a single fund and to charge an allocation to user departments to cover estimated costs of claims (Ordinance No. 10059-10, 12113110). Due to high unemployment claims paid, as the result of federal extensions of unemployment benefits and other factors, it has become necessary to temporarily transfer monies from the Rainy Day Fund 102 to the Unemployment Compensation Insurance Fund 713 to meet current operational expenses. The Rainy Day Fund has sufficient monies to accommodate this temporary transfer. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The aggregate sum of$25,000 shall be transferred from the following fund as follows: • $25,000 from Fund No.102 - Rainy Day Fund Section II. The monies totaling an aggregate sum of$25,000 transferred per Section I from Fund No.102 shall be deposited and loaned temporarily to the following fund: • $25,000 to Fund No. 713 —Unemployment Compensation Insurance Fund Section III. All monies transferred under Section I to the funds designated in Section II shall be paid back to the originating fund no later than June 30, 2012. Section IV. To the extent that sufficient revenue is received in the Unemployment Compensation Insurance Fund, City Administration will not implement this ordinance or will partially implement this ordinance as necessary to ensure a positive cash balance in the fund designated in Section 11 at December 31, 2011. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. UO ig ',r3 c:s eE °°; Member of the Common Counci a glavo tae Wn:ti9 iL vi�1 y .. .:S a d.. Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2011, at o'clock m. Deputy City Clerk Approved and signed by me on the day of , 2011, at o'clock m. Mayor, City of South Bend, Indiana 1414P, 7 w 7, Z la PEAMNG mo PU EUC ttE,t,CPNG ONF�lf'nlr;rrf,ju I 3r-s R-4ADir,G r g O' APPROVED a PASS::D "Tir t, X1865 CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER November 23, 2011 Mr. Derek Dieter President, South Bend Common Council ti 4 Floor, County-City Building Lk 12—��L South Bend, IN 46601 re: Ordinance of the Common Council for Budget Transfers of Various Departments within the Civil City, Enterprise Funds and other funds of the City of South Bend Dear President Dieter: Unforeseen conditions have developed since the initial adoption of the existing budgets approved by Common Council Spending Ordinances #10045-10 and #10046-10, adopted on October 25, 2010, which necessitate the increase and reduction of appropriations within various departments of the General Fund and other funds of the City of South Bend during 2011. Attached is a spending appropriation bill for this purpose with an attachment providing details to all of the increases and reductions. The attached schedule is incorporated into the bill itself and made a part thereof. The increases and reductions included herewith are expenditure neutral for the 2011 budget, with increases and reductions netting to a zero dollar appropriation. 1 will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. It is requested that this Bill be filed for 1st reading at the November 28, 2011 Council meeting, with 2nd read, public hearing, 3`d reading and Council vote at the December 12, 2011 Council meeting, with assignment to the Personnel and Finance Committee, am available to discuss any matters concerning this bill at the convenience of Council. Regati,Greg ara cc: n J. Luecke, Mayor of the City of South Bend 3 NOV 21 20 J CITY CLEPm., E' County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 , Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 -�Ll"� ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2011 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing budgets (Ordinances#10045-10 and#10046-10, passed 10125/10)which necessitate the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2011. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. 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 Presented by me to the Mayor of the City of South Bend, Indiana, on the day of , 2011, at o'clock . m. Deputy City Clerk Approved and signed by me on the day of , 2011, at o'clock m. Mayor, City of South ca � iar1A 0V 23 2011 pus Lc ;-w.,. i�G , 3 rd REAW-4G ER,RE k. .., .....,.,...arm,.......v. ...,,...,_.,..._. _..... PASSED OU T11 B V ;'. r 1865 CITY OF SOUTH BEND STEPHEN J.LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER November 23, 2011 1111�I III III --L AALR�_ Mr. Derek Dieter President, South Bend Common Council 4t"Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating Additional Funds within the Civil City of South Bend—Council Bill 78-11 Dear President Dieter: The Common Council passed the Civil City 2011 operating budget in 2010 (Ordinance #10045-10, adopted on October 25, 2010) which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. This spending appropriation bill includes the following: Fund $ Purpose 101 General Fund 142,428 Energy-office balance of federal stimulus grant with monies expended for ongoing energy savings projects defined within the original project proposal 101Gene'ral Fund 80,000 Safety improvements to the Police firearms training facility with FOP reimbursement to the city of$36,135 over the next ' 4 fiscal years including 2011 103 Excess Levy 1,363 Balance of excess levy funds transferred to the city general fund per DLGF instruction 209 5tude/Oliver Grants 3,001 Final spend of grant monies received in a prior fiscal period 212 Icon Development 5,392 : Spend of federal grant monies received in a prior fiscal period._ 227 Loss Recovery Fund 34,699 Asbestos removal in the Animal Control Facility pro ject not scope 250 General Grant 164 ! Appropriate antici Tema remaining cashcbalace to allow closure of this CED fund. Monies used to fund art installation at Jon Hunt Plaza 252 Excess Welfare Levy i 1,463,859 0 enable to take of advantage h City radio project A of forward vendor boffe et item price discount saving cit 02,000 i - --- 9 $2 Y County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Pax: 574/235-9928 TDD: 574/235-5567 r 280 Police Grants , —'—'4-,-60-0-T- 30,000�S end of g rant monies received in a prior fiscal F 258 Human Ri hts 4,600 Speaker fe#s and from a rant received already received _vi __.... -._._._ . . �. P._ —.-- __ ... .._.Y -- ' period. P Y ___ __._- __!2...s s ent on police e ut ment warrant contracts 291 River Rescue 15,000 Purchase of replacement equipment for Fire _- - River Rescue ! unit from fund cash balance. 410 UDAG 472,140 Scheduled loan repayment from UDAG #o COIT fund re 1 ..- _.. Source/Marriott project from 2010 438 Coveleski Bond 5,269 Final spend of bond proceeds on protect Total spend closed 677 Hall of Fame Capital 410,000 Estimated cost of water mitigation damage vandalism incidents--expected insurance reimbursement$225k__ Total __ 2,667,915 3 New monies expended are available within existing cash balances of specified funds within City operations and do not represent a drain on current financial operations of the City. I will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. It is requested that this Bill be filed for 1St reading at the November 28, 2011 Council meeting, with 2nd read, public hearing, 3'd reading and Council vote at the December 12, 2011 Council meeting, with assignment to the Personnel and Finance Committee. I am available to discuss any matters concerning this bill at the convenience of Council. Regards, 1 Gregg D. 'ent ra cc: Stephen J. 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ILu 1 i v1� o I 1 , y m! in7cE iu` a m w'ml cia Ic �_ E mko °ai aI :ro]c a, a 3 E E o ml ;m E'-( o w}r�W n U' h _ _ _:L] 0 V ZL- C E' yQ. loci coo, O - !m is m E; j E C C C C C _ m jI m j 818 $1 i88 s 0 zI� I o a' ar jE` Www ww is m f:z CL 08 a)0.j O Uk eE aS aY at1,W pl !m'''m ]O j �o E E 5 E a °!° $ C c cj V U 1$ Iw 10 G is is tl a ) a D o 1W el l j0 w w W p W w a 4 U U U U ¢ a U LL i: a 0 o I ololiI c ri a iti y' I c r3[ o rn mm5 Iy fa mml m E D D [ Im E E-E o kli a Oa o UU z LL m mmm aD � �� iaai m cc �° m � Qn0 mm° S' 11 LL L6 L. °1 3 C7 ta. $ m u 2 u _m_ LL LL I m u- E E mm !m' a 1� � o 4) ai B i(71C7 I E. m � a ° ° j N m m m las❑ EI aE mj a m 8 8 o]sO g al ��l�i !x 17000 ,D' C7. xI 0 IJ x www � U'U u'S� aI 65 !IL I Vlrn CITY OF SOUTH BEND STEPHEN J. LUECKE,,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER November 23, 2011 Mr. Derek Dieter President, South Bend Common Council 4t"Floor, County-City Building South Bend, IN 46601 Re: Ordinance of the Common Council Appropriating Additional Funds within the Enterprise Funds of the City of South Bend—Council Bill 79-11 Dear President Dieter: The Common Council passed the Enterprise Fund 2011 operating budget in 2010 (Ordinance#10046-10, adopted on October 25, 2010) which included expenditures for various City Enterprise operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to effect provision of services to its citizens which were not anticipated at the time the City budget was adopted. This spending appropriation bill includes the following: Fund $ + Purpose ' g.. _3 VV party provided ..parking enforcement ! 601 Parkin g Gara a 15,900 Contractual cast of arrangement at Eddy Commons not included in original budget__... 610 Solid Waste 54,000 Additional funds expended in excess of original budget 611 Solid Waste Capital (54,000) Capital lease costs less than budget with savings used to cover over budget expenses in fund 610 645 Sewer Bond 2006 110 Final spend of sewer bond proceeds. Fund can now be closed 649 Sewer Sinking Fund 200,000 Due to faster than originally projected spend of 2009 State Revolving Fund (SRF) sewer bond, draw down debt repayment schedule has changed requiring increased debt repayment in fiscal 2011 658 Sewer Bond 2010 239,1.00 Spend down of bond proceeds faster than originally contemplated for fiscal 2011 Total i 455,110 New monies expended are available within existing cash balances of specified funds within City operations and do not represent a drain on current financial operations of the City. County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 Phone: 574/235-9216 Fax: 574/235-9928 TDD: 574/235-5567 (� 3 O - m m � 4 cr m C @ - N {0 A7 I� mom �� �{ 0 .ml w€m 72 ro [n @ c Im 3 �Io c c rn € m E ID m P C 10 la m E$I cl w Mg @{�'$ o��II c Foy � a�iai vi m �,,.{y mlta ci a r @iiI jc]] off' W LD i L�- 00� '°;co•O� m m a iS oC, �c} a ¢ rA a Nt9 c m T �0000, �a o 0 n of o e 00000 o a o fg$ o P ofo. C K O m N 0 v� R m N a'b GiO OcO tD7 �V yy 'N Y'i o io CO mot'.O+ iyri� .- � � a CL { - N y c m i44 p. i� � , jq.•-I4 1-, 9 0 4 IG � r'� � Nj b I I � hI f-- - M V Q C 7 v oi`ola_o_u5 o I NI 0 n (0 n lwicv m a moo ! : o; ! ' , Lo i wm*lom�m en� °w' °m� �� imin�mwl Em T U is `mmi'mi Im m m @ m� Ui m 10i I0 I c 6a�ax{I! I@ w Iw ;ra V I W tm W 3 CI m i ami mro l° �`c° I� c m a.c Q 2 aZ Tn'v TnNN W m ,a_v:o t;p la E 3 ro m m mlm t°nv°�inws°q_ in - - 1- a LL m �c c Cb W c D3 lu Z C'C Ca CI C y c c c c W m @ I1 LL l LL Gl.ll.- 93 Ommm @ f:2 131V 2:2 :2 �@ 0f!)f0n 4VJ S4 -o——n - m 9 d c!n n in 7 w w v5 0 LL. A € N P 4n IN N N + <� . tM CITY OF SOUTH BEND STEPHEN J. LUECKE,MAYOR DEPARTMENT OF ADMINISTRATION & FINANCE GREGG D.ZIENTARA CONTROLLER November 23, 2011 R, Mr. Derek Dieter President, South Bend Common Council Ott'Floor, County-City Building South Bend, IN 46601 re: Ordinance of the Common Council Approving an Amendment to the Studebaker Museum Lease and Management Agreement—Council Bill 80-11 Dear President Dieter: The City of South Bend entered into a Lease and Management Agreement with the Studebaker National Museum, Inc. ("SNM") on August 12, 2005, This agreement set the conditions for the museum lease of the city owned building and established the relationship whereby the SNM would operate the museum under contractual agreement with the city. The original agreement expired on December 31, 2010. The parties (SNM and City) have continued their contractual Management Agreement on a month to month basis, and both parties desire to amend and renew the Management Contract for another five (5) year term. The First Amendment to the Lease and Management Agreement is attached and is submitted as exhibit A to Council Bill 80-11. This bill, upon approval of Council, will authorize the Board of Public Works to execute the agreement on behalf of the City of South Bend, and set January 1, 2011 as the effective date of the amended Lease and Management Agreement. Terms of the 1 s'Amendment to the Lease and Management Agreement include: • Renewal of the agreement for a five (5) year term expiring December 31, 2015, with three (3) automatic options for five(5)year extension, • Set minimum annual management fee at$225,000, • Inclusion of standard e-verify and MBE contractual language. Mayor Luecke will present this bill to the Common Council at the appropriate Council Committee meeting, public hearing, and at the Council meeting. It is requested that this bill be filed for 1St read at the November 28, 2011 Council meeting, with 2nd read, public hearing, 3rd read and Council vote at the December 12, 2011 Council meeting. Regar Gre gg i tara ... `� ' cc: Stephen J. Luecke, Mayor of the City of South Bend %..n,_..._._.._... ..... CITE f't a ,, ','. .._"'St€BEND, IN County-City Building 227 West Jefferson Boulevard South Bend,Indiana 46601-1830 �1 Phone:574/235-9216 Fax: 574/235-9928 TDD: 5741235-5567 " q appropriated by the South Bend Common Council, which annual amount shall in no event be less than Two Hundred Twenty-five Thousand and 00/100 Dollars ($225,000.00). Compensation for calendar years 2011 through 2015, inclusive, so appropriated by the South Bend Common Council shall be paid to SNM in twelve (12) equal monthly installments beginning on or about January 1, 2011, and monthly thereafter as scheduled. An increase of Compensation in any one calendar year during the "First Management Renewal Period" shall not be construed to mean that Compensation in any subsequent year must or should exceed the base sum of$225,000.00. 4. The effective date of this Amendment to Article III of the Agreement shall be January 1, 2011, and the Amendment shall terminate midnight Eastern Standard Time on December 31, 2015 unless renewed in advance of that date. 5. This Amendment applies solely to Article III of the Agreement and all of the other terms and provisions of the Agreement remain in full force and effect. In the event of any inconsistency, this First Amendment shall be given controlling effect. 5. This First Amendment may be executed in counterparts with the same effect as if both parties hereto had executed the same document. Both counterparts shall be construed together and shall constitute a single document. The parties hereto agree that the use of facsimile or electronic signatures for the execution of this First Amendment shall be legal and binding and shall have the same full force and effect as the original document. 7. F,-Verify Program. SNM affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. SNM shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in I.C. 22-5-1.7-1 SNM shall not knowingly employ or contract with an unauthorized alien. SNM shall not retain an employee or contract with a person that SNM subsequently learns is an unauthorized alien. SNM is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, SNM is not required to participate if SNM is self- employed and does not employ any employees. SNM shall require his/her/its subcontractors, who perform work under this contract, to certify to SNM that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. SNM agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if SNM fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 8. Minority and Women's Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or a a Women's Business enterprise ("WBE") as a factor in determining the lowest, responsible,responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contract for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. 9. The undersigned person(s) executing and delivering this amendment on behalf of SNM represent and certify that: a. He/she is the duly authorized agent, representative, member or officer of SNM and has been fully empowered to execute and deliver this Amendment and that all necessary corporate action has been taken and done; and b. To the best of his/her knowledge, he/she has not, nor has any other member, employee, representative, agent of office of SNM, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Amendment other than that which appears on the face hereof IN WITNESS WHEREOF, the parties have executed this First Amendment of the Management Agreement at Article 111, on the date indicated below, with this First Amendment effective as of January 1, gal L SNM: STUDEBAKER NATIONAL MUSEUM, INC. By: Printed Name: