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HomeMy WebLinkAbout10-08-2018 Agenda PacketMEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: KAREEMAH FOWLER, CITY CLERK DATE: OCTOBER 4, 2018 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for MONDAY, OCTOBER 8, 2018: Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 3:30 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON Please Note: The Following Bills: 38-18, 39-18, 40-18, and 41-18 will be held in Council Portion Only. They have been included on the 7P.M. Agenda for Third Readings and Vote 1. Bill No. 45-18- Ordinance Setting the Mayor’s Salary for 2019 2. Bill No. 46-18- Ordinance Setting the Common Council Salary for 2019 3. Bill No. 47-18- Ordinance Setting the City Clerk’s Salary for 2019 4. Bill No. 48-18- 2019 Teamster Employee Wage Ordinance- Ratification 5. Bill No. 49-18- Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for South Bend Police Department 6. Bill No. 50-18- Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for South Bend Fire Department 7.Bill No. 51-18- 2019 Non-Bargaining Employee and Officer Salary Ordinance 4:30 P.M. ZONING & ANNEXATION OLIVER J. DAVIS, CHAIRPERSON 1. Bill No. 18-57- Blad Annexation Area Fiscal Plan 2.Bill No. 34-18- Blad Annexation Area 3. Bill No. 18-58- Ceres Annexation Area Fiscal Plan 4. Bill No. 35-18- Ceres Annexation Area Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning & Annexation Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, PRESIDENT 1. Discussion of Council Agenda 2.Update and Announcements 3. One (1) Interview for the South Bend Animal Care & Control Commission 4. Adjournment 2 cc: Mayor Pete Buttigieg Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, October 8, 2018 7:00 P.M. 1. INVOCATION- FATHER KEVIN M. BAUMAN- OUR LADY OF HUNGARY CATHOLIC PARISH & SCHOOL 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS BILL NO. 19-18 A RESOLUTION BY THE SOUTH BEND COMMON COUNCIL RECOGNIZING OCTOBER 2018 AS DOMESTIC VIOLENCE AWARENESS MONTH IN THE CITY OF SOUTH BEND, INDIANA 21-18 A RESOLUTION BY THE SOUTH BEND COMMON COUNCIL RECOGNIZING OCTOBER 2018 AS NATIONAL BREAST CANCER AWARENESS MONTH IN THE CITY OF SOUTH BEND, INDIANA 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME: ______ BILL NO. 34-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 31.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND, INDIANA 2 35-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 229 ACRE TRACT OF LAND NORTH OF THE ST. JOSEPH VALLEY PARKWAY RIGHT-OF-WAY, APPROXIMATELY 1150 FEET FROM THE INTERSECTION OF STATE ROAD 23 AND THE ST. JOSEPH VALLEY PARKWAY, SOUTH BEND, INDIANA 45-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2019 46-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2019 47-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2019 48-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2017-2020 49-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10472-16 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2019 50-18 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10549-17 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2019 51-18 PUBLIC HEARING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2019 8. BILLS ON THIRD READING TIME:______ BILL NO. 3 38-18 THIRD READING ON AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 (COUNCIL PORTION ONLY) 39-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT (COUNCIL PORTION ONLY) 40-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2019 AND ENDING DECEMBER 31, 2019 INCLUDING ALL OUTSTANDING CLAIMS, AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. (COUNCIL PORTION ONLY) 41-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION’S 2019 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 (COUNCIL PORTION ONLY) 45-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2019 46-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2019 47-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2019 4 48-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2017-2020 49-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10472-16 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2019 50-18 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10549-17 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2019 51-18 THIRD READING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2019 9. RESOLUTIONS BILL NO. 18-54 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS LOT 5 U S 31 INDUSTRIAL PARK PHASE II AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR NATIONAL DISTRIBUTION CENTERS, LLC 18-57 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (BLAD ANNEXATION AREA) 18-58 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUT H BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP (CERES ANNEXATION AREA) 10. BILLS ON FIRST READING BILL NO. 5 54-18 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: ALLEY 14’ IN WIDTH RUNNING 132’ FROM W OR S RIGHT OF WAY OF W. MADISON STREET TO NW/SE ALLEY RUNNING BETWEEN N TAYLOR AND N. WILLIAMS STREETS. 55-18 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the official text is the English version. Any discrepancies which may be created in the translation, are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Gavin Ferlic, Chairperson Oliver J. Davis, Member Regina Williams-Preston, Vice-Chairperson Sharon L. McBride, Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Regina Williams-Preston, Chairperson Jake Teshka, Member Sharon L. McBride, Vice-Chairperson Karen L. White, Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Tim Scott, Member Gavin Ferlic, Member Jake Teshka, Member Karen L. White, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Jo M. Broden, Chairperson Oliver J. Davis, Member John Voorde, Vice-Chairperson Karen L. White, Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Tim Scott, Chairperson Gavin Ferlic, Member Jake Teshka, Vice-Chairperson Sharon L. McBride, Member PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Oliver J. Davis, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member 2018 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-14-18) PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations and other fiscal matters, as well as personnel policies, health benefits and related matters. Karen L. White, Chairperson Regina Williams-Preston, Member Gavin Ferlic, Vice-Chairperson John Voorde, Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. John Voorde, Chairperson Jo M. Broden, Member Sharon L. McBride, Vice-Chairperson Gavin Ferlic, Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Regina Williams-Preston, Member Jo M. Broden, Vice-Chairperson John Voorde, Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers and all related matters. Jake Teshka, Chairperson Sharon L. McBride, Member Oliver J. Davis, Vice-Chairperson Regina Williams-Preston, Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Oliver J. Davis, Chairperson Gavin Ferlic, Member John Voorde, Vice-Chairperson Jo M. Broden, Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council Tim Scott Jake Teshka 2018 COMMON COUNCIL STANDING COMMITTEES (Rev.02-26-18) TIM SCOTT, 1ST District Council Member President Information and Technology, Chairperson Council Rules Committee, Member Sub-Committee on Minutes, Member REGINA WILLIAMS-PRESTON 2nd District Council Member Community Relations Committee, Chairperson Residential Neighborhood Committee, Member Community Investment Committee, Vice-Chairperson Personnel & Finance Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Community Investment Committee, Member Community Relations Committee, Vice Chairperson Information & Technology Committee, Member Public Works & Property Vacation, Vice Chair Utilities Committee, Member JO M. BRODEN, 4TH District Council Member Health and Public Safety Committee, Chairperson Public Works & Property Vacation, Member Residential Neighborhood Committee, Vice-Chairperson Zoning & Annexation Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member Information and Technology Committee, Vice-Chairperson Sub-Committee on Minutes, Member Community Relations Committee OLIVER J. DAVIS, 6TH District Council Member Vice President Zoning & Annexation Committee, Chairperson Community Investment Committee, Member Utilities Committee, Vice-Chairperson Health & Public Safety Committee, Member PARC Committee, Member GAVIN FERLIC, AT LARGE Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Information & Technology Committee, Member PARC Committee, Vice-Chairperson Public Works & Property Vacation, Member Personnel & Finance Committee, Vice-Chairperson Zoning & Annexation Committee, Member Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhood Committee, Chairperson Community Relations Committee, Member Personnel & Finance Committee, Chairperson Council Rules Committee, Member Health & Public Safety Committee, Member JOHN VOORDE, AT LARGE Council Member Public Works & Property Vacation, Chairperson Residential Neighborhood Committee, Member Health and Public Safety, Vice-Chairperson PARC Committee, Member Zoning & Annexation Committee, Vice-Chairperson Personnel & Finance Committee, Member LAWRENCE P. MAGLIOZZI 1111111 111111 1111k Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 117 'A . JEFFERSON BLVD., ROOM 1140 L'()U , I1-GIFT BLIIIUING, SOLII'H BEND, INUTAV,\ 46601 (S74) ?359571 Filed in Clerk's Office August 8, 2018 Honorable Common Council AUG 0 8 2019 4th Floor, County-City Building KAREEMAH FOWLERSouthBend, IN 46601 CITY CLERK,SOUTH BE IN RE: A 61.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 APC#2877-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 131h, 2018 Council meeting, and set it for public hearing at your October 8th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. Si cc ely, Jord Wyatt Zonin Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H C O U N T Y I N D)ANA.C O M/A R E A P L A N BILL NO. 34-18 BILL NO.34-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 31.75 ACRE TRACT OF LAND ON THE WEST SIDE OF NEW ENERGY DRIVE APPROXIMATELY 350 FEET NORTH OF STATE ROAD 23, SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone the a 31.75 acre tract of land on the west side of New Energy Drive approximately 350' north of State Road 23 from A: Agricultural District in Unincorporated St. Joseph County to GI General Industrial District in South Bend. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eighth (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: TRACK LAND BEG ON E LINE E I/2 NE I/4 NW OF MAPLE ROAD AND N STATE ROAD 23, SECTION 2137 2E CONT 61.31 AC MORE OR LESS 99-00 SPLIT FROM 030901 & 031001 PER TRANS #4221 & 4220 5-20-98 SECTION II. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. 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 in the City of South Bend, St. Joseph County, State of Indiana: TRACK LAND BEG ON E LINE E 1/2 NE 1/4 NW OF MAPLE ROAD AND N STATE ROAD 23, SECTION 2137 2E CONT 61.31 AC MORE OR LESS 99-00 SPLIT FROM 030901 & 031001 PER TRANS #4221 &4220 5-20-98 be and the same is hereby established as GI General Industrial District. SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT CjU of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: The nearest intersection is: State Road 23 and Renewable Energv Drive Filed in Clerk's Office South Bend, IN 2) The property Tax Key Number(s) is/are: Key No.: 017-1012-031001 AUG 0 8 2010 State ID: 71-08-21-200-004.000-025 KAREEMAH FOWLER CITY CLERK,SOUTH SEND,IN 3) Legal Description(s) Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of-way: "Track Land Beg on E Line E 112 NE 114 W of Maple Road and N State Road 23, Section 2137 2e Cont 61.31 Ac more or less 99-00 Split from 030901 & 031001 per Trans 4221 & 4220 5-20-98"(This legal description needs to be confirmed and, if needed, corrected.for annexation 4) Total Site Area(excluding right-of-way): 61.75 Acres more or less 5) Name and address of property owner(s)of the petition site: Martin Blad Farms, Inc. 58995 Mayflower Road South Bend, IN 46619 574) 234-7271 Jan Blad Hile: janhile@comcast.net;Brent Burkus: burkusba @hughes.net Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: 0 F I L E DN/A AUG 06 2010 AREA PLAN t Uix V iSSI i Application Name and address of additional property owners, if applicable: 7) It is desired and requested that this property be rezoned: From: A: Agricultural District(County) Additional Districts, if applicable Additional Districts, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Land will continue to be farmed. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): 1)None 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addresses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: Pleuse eslAtin how vour variance petition aeldres•ses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Pleuce explain hon our rcrriu tee petition crcklressex this erite ia IF A SPECIAL EXCEPTION USE IS BEING REQUESTED, (if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: Aone 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain ho ujour Special F,.rc•eption t Se petition aciclres••ses this crileria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your,Sj,ec•ial Exception ( 've petition ackh•esses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please c,.Yldain how your heciul Exception Use pclition ucklresses this criteria d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert texlPleuse exl)hrin hotic vcurr.special Exception use petition aehh•esses this criteria In the case of a Special Exception Use, the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Patricia E. Prinurrer•, Fsy. 11cry Oherj•ll Lorher 4100 F.clisou Lakes Parkway. Sle. 100 Mislraysaku, 1A, 46545 074) ?43-4100 pprinuner ii mul lurhe•.cony BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. S s) of all property owner(s): FILED- AUG 06 2010 AREA PLAN CO ISSION A lication# e O b gg q g a oil a U i %ay, S% e %%b % 4 a U 11°- Ml! bhpiQ_ a V W 8 a6a% Ea % a911 €3 " @g% g39 @E ail. eo days ap ay . 5^ 7Q eq 5i @pi lQ a e Phis s sx 3a5°•;x°ee B, I 97.99999:•. I I' evatif[>8 jai II •------ s iBs 33 a9.13 SS i• 9 g ,. . m . a i3s CQ s i! - air E r- 5i ,A• G W z a un 9 s s• 3€ is e to,\•\ =y ie a h mxa•..mac.• _nac..,lccm __ / _ m a• 15 PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend, Indiana I (we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. I) The property sought to be rezoned is located at: The nearest intersection is: State Road 23 and Rene rable Enel-gyDriVe Filed in Clerk's Office South Bend, IN 2) The property Tax Key Number(s) is/are: KE c No.: 017-1012-031001 AUG 06 2018 Stead ID.• 71-08-21-200-004.0100-035 KARE WAH FOWLER CITY CLERK,SOUTH BEND,IN 3) Legal Description(s) Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of--way: "Track Land Beg on L'Line E li2 YE 1.-=1 W n1'Nlaple Road and N State Roud 2 3, Section 2137 2e Cons 61.31 Ac more or less 99-00 Split f-om 030901 & 031001 per Trans 44221 & 4 220 5-20-98"(This/eat;>al description needs to be confirnned arid, ifneeded,, corrected). for crntuexaticrn 4) Total Site Area(excluding right-of-way): 61.775 Acres tmtre or less 5) Name and address of property owner(s)of the petition site: i1.Iartin Blad Farvns, Inc. 58995 Nfaiflo wer Road South Bend, IN 46619 5 74) 234-'2 71 Jun Blud Hilo: Janhile ,'contcasrnet: Brent Burkus•: burkusba(4)hvgYh es.net Name and address of additional property owners, if applicable: N/A 6) Name and address of contingent purchaser(s), if applicable: F'ILED- AUG 06 2010 Name and address of additional property owners, if applicable: AR Icat10 n# N CO.I ISSION A 7) It is desired and requested that this property be rezoned: From: A: A')ricultural District (County) Additional Districts, it applicable Additional Districts, iJ applicable To: Ll Li,,ht Industrial District 8) This rezoning is requested to allow the following use(s): Lund will conturne to be.lirrmed. IF VARIANCE(S)ARE BEING REQUESTED(if not, please skip to next section): I),1'onc' 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain hair Your variance petition ade/re.ssc's this•0-itet•ia b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your vrz!'ictnce petition cieklresse-v ihi.v crilericr c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain hotu vour''arictnce petition ctcldresse.t Ihis criteria IF A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: None 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health,safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special£'.-Weptiorl Use petition addresses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain hoitjow-Special Exception Use petition acich-esses this criteria c) The proposed use will be consistent with the character of the district to which it is located and the land uses authorized therein;and: Please explain how your Special Exception Use petition ud(b-esses phis criteria d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.Insert textPleuse explain how your Special Exception Use petition addresses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Patricia E. Prinuner, Esq. Mcty Oher1c11 Lorher 1100 F_'clison Lakes Parkway, Ste, 100 Afishutivuku, IN 46545 574) 243-=1100 p1)Y)Il11lel'!`t11n['!)l(JI'l)el'.cola BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTYOWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Si atu (s)of all property owner(s): FILED- AUG 0 6 2010 AREA PLAN CO ISSION A Iication# 4SpUT8 8 Department of Community Investment 1865 Memorandum Monday,August 13,2018 Filed in Clerk's Office TO: Kara Boyles, Engineering Environmental Services (Solid Waste) AUG 13 2018 Aladean DeRose, Legal Ed Herman, Water Works KAREEMAH FOWLER Jennifer Hockenhull, Administration & Finance CITY CLERK,SOUTH BEND,IN Larry Magliozzi, Area Plan Commission Federico Rodriguez, Fire Sgt. Chad Goben, Police Randy Wilkerson and Tracy Skibins, Code Enforcement FROM: Michael Divita, Principal Planner SUBJECT:Request for Service Reports Blad Annexation Area 100%Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Blad Annexation Area has been received by the City and is receiving First Reading by the Common Council today,August 13, 2018. The proposed Annexation Area consists of one parcel of about 61.3 acres and is located on the west side of Renewable Road (New Energy Drive) north of Prairie Avenue(SR 23). The area currently contains agricultural land and is zoned agricultural in the County. With the annexation,the petitioner seeks rezoning to"Gl" General Industrial District to permit agricultural uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by August 27,2018. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map,and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov. cc:Mayor Pete Buttigieg Laura O'Sullivan, Chief of Staff, Office of the Mayor Bob Palmer,Attorney for the Common Council James Mueller, Executive Director, Community Investment Tim Corcoran, Director of Planning, Community Investment Kareemah Fowler, City Clerk Bianca Tirado, Deputy City Clerk John McNamara, County Surveyor am 111dki,66amma 227 W.JEFFERSON BLVD.SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX: 574-235-9021 1 SOUTHBENDIN.GOV SERVICE REPORT CHECK LIST Department of Law: 1) legal concerns, if any (if none, no report is required) Public Works: 1) location, size, and capacity of sewer line(s) 2) listing of properties connected to sewer line(s) 3) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage 4) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) 5) a listing of properties covered by waivers Water Works: 1) location, size, and capacity of water line 2) listing of properties connected to water line(s) 3) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) Police Department: 1) Police Beat to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Fire Department:1) primary and secondary fire stations to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Code Enforcement: 1) Code Enforcement Area to be assigned 2) whether comparable response time can be maintained Area Plan: 1) current zoning of property 2) anticipated/required zoning 3) compatibility of land uses relative to city zoning 4) copies of recorded subdivision plats, if any Admin/Finance: 1) (no report necessary for this annexation) Environmental 1) capacity to provide solid waste service Services: 2) cost to owner of service 3) when service can begin County Surveyor:1) verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Blad Annexation Area Portage Township Prepared August 2018 A. Annexation Criteria (Minimum)Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5°/x) 61% Yes and 2. 100% of owners signed petition 100% Yes and 3. a. essential City services are/can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: Renewable Road (New Energy Drive), north of Prairie Avenue Address(es): None Tax Key Number(s): 017-1012-031001 Subdivision(s) of Record: None Acres: 61.3 Current Net Assessment: $76,900 Current Population: 0 Proposed Population: 0 Current Land Use: Agricultural Proposed Land Use: Agricultural Current Zoning: A" Agricultural District, St. Joseph County Proposed Zoning: GI" General Industrial District, City of South Bend Council District: 6th Council District Scheduled Effective Date: November 25, 2018 Comments:None Map Blad Annexation Area I MTI .. duncts- s, a a sep, o d CL m NORTH 0 250 500 1.000 QCity of South Bend=Blad Annexation Area Feet Prepared by City of South Bend Depart ment of Community Inv estment August 10.2018 Legal Description A Part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the Northwest Corner of the East Half of the Northeast Quarter of Said Section 21; thence South along the West Line of Said East Half of the Northeast Quarter to the North Line of Lot 1, Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the St. Joseph County Recorder's Office; thence North 89° 22' 59" E, 555.45 feet to the Northeast Corner of Said Lot 1; thence North 570 feet more or less along the existing City of South Bend City Limits; thence East 765 feet more or less along Said existing City Limits to the East Line of the Northeast Quarter of Section 21; thence North along Said East Line and the existing City Limits, 1,700 feet more or less; thence West parallel to the North Line of the Northeast Quarter of Said Section 21, 100 feet more or less; thence North 100 feet more or less to the North Line of the Northeast Quarter of Section 21 and the existing City Limits; thence West along Said North Line and the existing City Limits to the place of beginning. Containing 61.3 acres, more or less. Proposed Schedule for Blad Annexation Area File Date 8/8/18 Council 1st Reading 8/13/18 Fiscal Plan Service Request Sent 8/13/18 Fiscal Plan Service Request Due 8/27/18 Fiscal Plan Done 9/10/18 Council Advertisement 9/14/18 Area Plan Commission Public Hearing 9/18/18 Board of Public Safety 9/19/18 Board of Public Works Agenda Session 9/20/18 Board of Public Works Hearing 9/25/18 Fiscal Plan Resolution to Clerk 10/3/18 Council 2nd Reading 10/8/18 Council 3rd Reading 10/22/18 Ordinance Advertised 10/26/18 Appeal Period Start 10/26/18 Appeal Period End 11/25/18 LAWRENCE P. MAGLIOZZI 1 \11[ 11i MR1 , 111R Angela M. Smith AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFER,tiON BLVD., ROOM 1140 COUNTY-CII-Y BUILDING, ,SOUTH BEND, INDIANA 46601 August 8, 2018 Filed in Clerk's Office Honorable Common Council 4th Floor, County-City Building AUG 0 8 2018 South Bend, IN 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN RE:A 229 acre tract of land north of the St.Joseph Valley Parkway right-of-way,approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway. APC# 2874-18 Dear Council Members: Enclosed is an Ordinance for the proposed Zoning Ordinance Amendment. Please include the attached Ordinance on the Council agenda for first reading at your August 13th, 2018 Council meeting, and set it for public hearing at your October 8th, 2018 Council meeting. The petition is tentatively scheduled for public hearing at the September 18th, 2018 Area Plan Commission meeting. The recommendation of the Area Plan Commission will be forwarded to your office by noon on the day following the public hearing. If you have any questions, please feel free to contact our office. i erely, Jord Wyatt nZoniPlaner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W.S T J O S E P H CO U N T Y INDIAN A.C 0 N I A REAP L AN BILL NO. 35-18 BILL NO. 35-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,INDIANA,AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT NO. 6, FOR A 229 ACRE TRACT OF LAND NORTH OF THE ST. JOSEPH VALLEY PARKWAY RIGHT-OF-WAY,APPROXIMATELY 1150 FEET FROM THE INTERSECTION OF STATE ROAD 23 AND THE ST.JOSEPH VALLEY PARKWAY, SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to annex and rezone a 229 acre tract of land north of the St. Joseph Valley Parkway right-of-way, approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway from A: Agricultural District in Unincorporated St. Joseph County to GI General Industrial District in South Bend. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one-eighth(1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: PARCEL 1 The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter(1/4) of Section Numbered 21, Township Numbered Thirty-seven(37)North, Range Numbered 2 East, excepting therefrom the right- of-way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West, taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter(1/4) of Section Numbered 21, Township Numbered 37 North, Range 2 East, lying North of the Liberty Highway, for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. I. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way; thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast comer of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East, 210.0 feet;thence North 51 degrees 49 minutes West, 93.8 feet; thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. 1. and I. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 5 5 degrees 3 2 minutes East, 871. 9 feet to the point of beginning. PARCEL 2 The West One-Half(1/2) of the East One-Half(1/2) of Section Twenty-one (21)Township Thirty-seven(37)North, Range Two (2) East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows,viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21; thence North O degrees 0 minutes O seconds (bearing assumed) 1,532.08 feet;thence North 63 degrees 46 minutes 30 seconds West 237.33 feet;thence South 44 degrees 15 minutes West 466.60 feet; thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet; thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter; thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet;thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet;thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet; thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses; thence South 46 degrees 40 minutes West, 191. 7 feet; thence South 42 degrees 05 minutes West,251.9 feet;thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary;thence North 13 degrees 36 minutes East, 53.0 feet;thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet;thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West, 210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet; thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23; thence along said boundary with the following courses; thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road; thence North 64 degrees 30 minutes West, 220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet;thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet;thence South 35 degrees 16 minutes West, 99.3 feet; thence Southwesterly 197.5 feet along an arc to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet; thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet;thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees 05 minutes East, 399.9 feet; thence South 64 degrees 30 minutes East, 238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest comer of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana;thence Southerly 1899 .6 feet along the west line of said Quarter SectioB to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest comer of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Herny Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West(bearing assumed for this description) along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of-way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line, the first course being North 63 degrees 43 minutes 45 seconds West, a distance of 43.05 feet;thence North 64 degrees 17 minutes 38 seconds West, a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet; thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet; thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet; thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet; then North 53 degree 30 minutes 38 seconds West, a distrance of 105.35 feet to a point near the top of the Southerly bank of a private drainage ditch; thence for the next five courses along said top,the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet; thence North 86 degrees 31 minutes 01 seconds East, a distance of 5 7.3 0 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet;thence North 83 degrees 19 minutes 27 seconds East, a distance of 291.31 feet, to a point; thence North 89 degrees 24 minutes 59 seconds East, at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East, along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line, a distance of 87 35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line, a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: f0235679 Beginning at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89°24'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 being a limited access right-of-way by deed); thence along said boundary by the following courses; South 40°33 '02 East, a distance of 69.83 feet; thence South 60° 1 1 '02" East a distance of 98.50 feet; thence South 44°06'02" East, a distance of 600.00 feet; thence South 44°06'02" East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44°53'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48" West; thence South 45°53'48" West, a distance of 304.30 feet; thence South 37°46'48" West, a distance of 202.50 feet; thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section;thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. PACEL 3 The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 7 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Qllarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right- of-way of the Indiana, Illinois and Iowa Railroad Company(New York Central Lines) across said land. ALSO: TRACT I: The West Halfof a five acre tract ofland, described, as the West Halfof the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East, in St. Joseph County, Indiana. TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North, Range 2 East in St. Joseph County, Indiana. ALSO: The South Half(1/2) of the East Half(1/2) of the East Half(1/2) of said Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County, Indiana; more particularly described as follows: A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(Sl/2) of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(SU2) of the Southwest Quarter(SW 1/4), thence West 562.82 feet along the North line of the South Half(SU2) of the Southwest Quarter(SW 1/4)to the East right of way line of the NJ.I. &I. Railroad, thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section Sixteen(16), Township Thirty-seven(37)North,Range Two 2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana, Illinois and Iowa Railroad Company(New York Central Railroad Company). PARCEL 4 The Southeast Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast comer of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16, to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 22°18'50" West, 32.43 feet; thence North 90°00'00" East(assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16; thence North 30.00 feet to the point of beginning. Subject to legal highways. SECTION H. That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as part of the City of South Bend, Indiana. SECTION 111. Ordinance No. 9495-04, is amended,which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: PARCEL 1 The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter(1/4) of Section Numbered 21, Township Numbered Thirty-seven(37)North, Range Numbered 2 East, excepting therefrom the right- of-way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West,taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter(1/4) of Section Numbered 21, Township Numbered 37 North, Range 2 East, lying North of the Liberty Highway, for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. 1. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way;thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast comer of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana;thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East, 210.0 feet; thence North 51 degrees 49 minutes West, 93.8 feet; thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. I. and 1. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 5 5 degrees 3 2 minutes East, 871. 9 feet to the point of beginning. PARCEL 2 The West One-Half(1/2) of the East One-Half(1/2) of Section Twenty-one (21) Township Thirty-seven(37)North, Range Two (2) East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows,viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21; thence North O degrees 0 minutes O seconds (bearing assumed) 1,532.08 feet; thence North 63 degrees 46 minutes 30 seconds West 237.33 feet; thence South 44 degrees 15 minutes West 466.60 feet; thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet; thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter; thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana;thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet; thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet; thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet; thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses;thence South 46 degrees 40 minutes West, 191. 7 feet; thence South 42 degrees 05 minutes West,251.9 feet;thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary;thence North 13 degrees 36 minutes East, 5 3.0 feet; thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet;thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West, 210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet;thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23; thence along said boundary with the following courses; thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road; thence North 64 degrees 30 minutes West, 220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet; thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet; thence South 35 degrees 16 minutes West, 99.3 feet;thence Southwesterly 197.5 feet along an arc to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet;thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet; thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees 05 minutes East, 399.9 feet; thence South 64.degrees 30 minutes East, 238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest comer of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1899 .6 feet along the west line of said Quarter SectioB to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest comer of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Herny Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West (bearing assumed for this description) along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of-way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line, the first course being North 63 degrees 43 minutes 45 seconds West, a distance of 43.05 feet;thence North 64 degrees 17 minutes 3 8 seconds West, a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet;thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet; thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet; thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet;then North 53 degree 30 minutes 38 seconds West, a distrance of 105.35 feet to a point near the top of the Southerly bank of a private drainage ditch; thence for the next five courses along said top, the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet; thence North 86 degrees 31 minutes 01 seconds East, a distance of 57.30 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet; thence North 83 degrees 19 minutes 27 seconds East, a distance of 291.31 feet,to a point; thence North 89 degrees 24 minutes 59 seconds East, at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East, along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line, a distance of 87 35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line, a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: {0235679} Beginning at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89°24'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 being a limited access right-of-way by deed); thence along said boundary by the following courses; South 4093 '02 East, a distance of 69.83 feet; thence South 60° 11 '02" East a distance of 98.50 feet; thence South 44°06'02" East, a distance of 600.00 feet; thence South 44°06'02" East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44°53'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48" West; thence South 45°53'48" West, a distance of 304.30 feet; thence South 37°46'48" West, a distance of 202.50 feet;thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section; thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. PACEL 3 The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 7 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Qllarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right- of-way of the Indiana, Illinois and Iowa Railroad Company(New York Central Lines) across said land. ALSO: TRACT I: The West Halfof a five acre tract ofland, described, as the West Halfof the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East, in St. Joseph County, Indiana. TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North, Range 2 East in St. Joseph County, Indiana. ALSO: The South Half(1/2) of the East Half(1/2) of the East Half(1/2) of said Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section 16, Township 37 North, Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County, Indiana; more particularly described as follows: A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(SU2) of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(SU2) of the Southwest Quarter(SW 1/4),thence West 562.82 feet along the North line of the South Half(Sl/2) of the Southwest Quarter(SW 1/4)to the East right of way line of the NJ.I. &I. Railroad, thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter(1/4) of the Southwest Quarter(1/4) of Section Sixteen(16), Township Thirty-seven(37)North, Range Two 2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana, Illinois and Iowa Railroad Company(New York Central Railroad Company). PARCEL 4 The Southeast Quarter of the Southwest Quarter of Section 16, Township 37 North, Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast comer of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16,to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 229 8'50" West, 32.43 feet; thence North 90°00'00" East (assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16; thence North 30.00 feet to the point of beginning. Subject to legal highways. be and the same is hereby established as GI General Industrial District. SECTION IV. This ordinance is and shall be subject to commitments as provided by Chapter 21- 09.02(d) Commitments, if applicable. SECTION V. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council, approval by the Mayor, and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana PETITION FOR ANNEXATION AND ZONE MAP AMENDMENT City of South Bend, Indiana I(we)the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Property is located at the west end of Calvert Street, and is bisected by U.S. Highway 31. Nearest , intersections are U.S. Highwy 31/State Route 23 intersection, and Calvert Street/New Energy Drive intersection. The Property is part of the southwest corner of section 16&the north half of section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana Filed in Clerk's Office 2) The property Tax Key Number(s)is/are: AUG 0 8 2018017-1007-0223 017-1012-0307 KAREEMAH FOWLER 017-1012-030901 CITY CLERK,SOUTH BEND,IN 3) Legal Description(s)Please note, if the public right-of-way adjacent to the parcel is not already within City limit, the legal description MUST include the right-of-way: See attached Exhibit A for legal description and survey of property for annexation 4) Total Site Area(excluding right-of-way): 228.66 acres. 5) Name and address of property owner(s)of the petition site: Ceres Farms LLC 1251 North Eddy Street, Suite 200 South Bend, Indiana, 46617 855.242.3737 bzick@cerespartners.com Name and address of additional property owners, if applicable: 6) Name and address of contingent purchaser(s), if applicable: Not Applicable FILED - AUG 01 2018 AREA PLAN C I SI N Applicatior Name and address of additional property owners,if applicable: 7) It is desired and requested that this property be rezoned: From: A: Agricultural District(County) Additional Districts, if applicable To: GI General Industrial District 8) This rezoning is requested to allow the following use(s): Agricultural use along with other uses allowed in GI district. IF VARIANCE(S)ARE BEING REQUESTED(if not,please skip to next section): 1)List each variance, if applicable. Please contact stafffor assistance with wording if needed. 2) A statement on how each of the following standards for the granting of variances is met: a) The approval will not be injurious to the public health, safety,morals and general welfare of the community: Please explain how your variance petition addresses this criteria b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;and: Please explain how your variance petition addresses this criteria c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: Please explain how your variance petition addresses this criteria 117 A SPECIAL EXCEPTION USE IS BEING REQUESTED,(if not,please skip to next section): 1) A detailed description and purpose of the Special Exception Use(s)being requested: Insert text 2) A statement on how each of the following standards for the granting of a Special Exception Use is met: a) The proposed use will not be injurious to the public health, safety,comfort,community moral standards, convenience or general welfare: Please explain how your Special Exception Use petition addresses this criteria b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Please explain how your Special Exception Use petition addresses this criteria c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Please explain how your Special Exception Use petition addresses this criteria d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan.Insert textPlease explain how your Special Exception Use petition addresses this criteria In the case of a Special Exception Use,the petitioner shall be held to the representations made on the Preliminary Site Plan included with this petition. CONTACT PERSON: Ceres Farms LLC ATTN• Brandon Zick 1251 North Eddy Street Suite 200 South Bend, Indiana 46617 855.242.3737 bzick@cerespartners.com BY SIGNING THIS PETITION,THE PETITIONERS/PROPERTY OWNERS OF THE ABOVE- DESCRIBED REAL ESTATE AUTHORIZE THAT THE CONTACT PERSON LISTED ABOVE MAY REPRESENT THIS PETITION BEFORE THE AREA PLAN COMMISSION AND COMMON COUNCIL AND TO ANSWER ANY AND ALL QUESTIONS THEREON. Signature(s)of all property owner(s): FILED- AUG 012018 AREA P 110 A pplication# Filed in Clerk's Office EXHIBIT A EAU 8 2u18 LEGAL DESCRIPTION KAREEMAH I-r"'VJLER CITY CLERK,SOUTH BEND,IN Land situated in the County of St Joseph, State of Indiana, is described as o ows: Parcel IV: The North Half of the Northwest Quarter of Section Number 21, Township Number 37 North, Range Number 2 East, excepting therefrom the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land. Also, the South Half(1/2) of the Northwest Quarter (1/4) of Section Numbered 21, Township Numbered Thirty-seven (37) North, Range Numbered 2 East, excepting therefrom the right-of- way of the New Jersey, Indiana and Illinois Railroad Company across said tract. Together with a right-of-way 20 feet in width, East and West, taken off of and from the entire length of the East side of the East Half(1/2) of the Southwest Quarter (1/4) of Section Numbered 21, Township Numbered 37 North,Range 2 East,lying North of the Liberty Highway,for the purpose of egress and ingress. EXCEPTING THEREFROM: Commencing at the Northwest corner of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence South 427.3 feet along the West line of said Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; thence South 55 degrees 32 minutes East, 1,200.9 feet to the Westerly Right of Way of N. J. I. and I. Railroad; thence South 22 degrees 05 minutes West, 266.2 feet along said Right of Way; thence North 55 degrees 32 minutes West, 1,076.7 feet; thence North 00 degrees 25 minutes West 317.0 feet to the point of beginning. ALSO EXCEPTING THEREFROM: Commencing at the Southeast corner of the Northwest Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana; thence North 346.2 feet along the East line of said Quarter Section to the point of beginning of Parcel No. 2 Limited Access Right of Way; Thence South 00 degrees 57 minutes East,210.0 feet;thence North 51 degrees 49 minutes West,93.8 feet;thence North 55 degrees 51 minutes West, 900.0 feet; thence North 57 degrees 49 minutes West, 1,000.8 feet; thence North 55 degrees 32 minutes West, 72.9 feet to the southeast right of way of N. J. 1. and I. Railroad; thence North 22 degrees 05 minutes East, 256.0 feet along said right of way; thence South 55 degrees 32 minutes East, 127.9 feet; thence South 53 degrees 14 minutes East, 1,000.8 feet; thence South 55 degrees 32 minutes East, 871.9 feet to the point of beginning. FILED- AUG 012018 LA PLAN CO,M' S` 10 ication# LEGAL DESCRIPTION TO DEED Parcel V• The West One-Half (1/2) of the East One-Half (1/2) of Section Twenty-one (21) Township Thirty-seven(37)North,Range Two(2)East. EXCEPTING THEREFROM: A part of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, bounded by a line running as follows, viz: Beginning at the Southeast corner of the West Half of the Southeast Quarter of Section 21;thence North 0 degrees 0 minutes 0 seconds (bearing assumed) 1,532.08 feet; thence North 63 degrees 46 minutes 30 seconds West 237.33 feet;thence South 44 degrees 15 minutes West 466.60 feet;thence North 44 degrees 26 minutes 30 seconds West 90.25 feet; thence South 44 degrees 06 minutes 30 seconds West 394.65 feet;thence South 32 degrees 43 minutes 30 seconds West 99.75 feet; thence South 42 degrees 14 minutes 30 seconds West 198.30 feet; thence South 40 degrees 57 minutes 30 seconds West 389.05 feet; thence South 549.85 feet to the South line of the West Half of the Southeast Quarter;thence East 1,321.25 feet along the said South line to the place of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Southwest corner of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Northerly 346.2 feet to the point of beginning of Parcel No. 3 Limited Access right of way; thence South 57 degrees 17 minutes East, 327.3 feet; thence South 55 degrees 32 minutes East, 200.2 feet; thence South 57 degrees 10 minutes East, 128.3 feet; thence Southeasterly 84.4 feet along an arc to the left and having a radius of 814.4 feet and subtended by a long chord having a bearing of South 67 degrees 33 minutes East and a length of 84.4 feet; thence South 70 degrees 31 minutes East, 537.5 feet;thence Southeasterly 95.1 feet along an arc to the right and having a radius of 904.4 feet and subtended by a long chord having a bearing of South 67 degrees 31 minutes East, and a length of 95.0 feet; thence South 64 degrees 30 minutes East, 125.6 feet ; thence South 00 degrees 53 minutes East, 80.1 feet to the Northwesterly boundary of State Road 23; thence along said boundary with the following courses; thence South 46 degrees 40 minutes West, 191.7 feet;thence South 42 degrees 05 minutes West, 251.9 feet; thence South 45 degrees 30 minutes West, 150.0 feet; thence departing from said boundary; thence North 13 degrees 36 minutes East, 53.0 feet; thence North 44 degrees 30 minutes West, 270.0 feet; thence North 38 degrees 48 minutes West, 100.5 feet; thence North 44 degrees 30 minutes West, 600.0 feet; thence North 60 degrees 35 minutes West, 98.5 feet; thence North 40 degrees 57 minutes West 94.7 feet; thence North 51 degrees 49 minutes West, 137.8 feet; thence North 00 degrees 57 minutes West,210.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northeast corner of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said West Half of the Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 A Limited Access right of way; thence North 64 degrees 30 minutes West, 238.7 feet; thence South 45 degrees 05 minutes West, 399.9 feet; thence North 44 degrees 30 minutes West, 109.5 feet to the Southeasterly Boundary of State Road 23;thence along said boundary with the following courses;thence North 42 degrees 29 minutes East, 57.1 feet; thence North 42 degrees 20 minutes East, 136.2 feet; thence North 42 degrees 41 minutes East, 126.2 feet; thence North 43 degrees 52 minutes East, 133.1 feet; thence North 44 degrees 53 minutes East, 141.0 feet; thence North 44 degrees 21 minutes East, 100.00 feet; thence North 45 degrees 13 minutes East, 128.1 feet to the westerly boundary of Magnolia Road; thence South 00 degrees 53 minutes East, 491.7 feet along said boundary to the point of beginning. FILED- Al jr. 1- 7018 LEGAL DESCRIPTION TO DEED AREA PLAN CO . I I• N Applicationo FURTHER EXCEPTING THEREFROM: Commencing at the Northeast comer of the West Half of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1023.7 feet along the West line of said East Half of said Southeast Quarter; thence West 20 feet to the point of beginning of Parcel No. 3 a permanent right of way; thence South 00 degrees 53 minutes East, 63.6 feet along the Westerly boundary of Magnolia Road;thence North 64 degrees 30 minutes West,220.3 feet;thence South 43 degrees 34 minutes West, 467.0 feet; thence North 45 degrees 22 minutes West, 90.0 feet; thence Southwesterly 395.5 feet along an arc to the left and having a radius of 7,082.0 feet and subtended by a long chord having a bearing of South 43 degrees 02 minutes West, and a length of 395.5 feet; thence South 35 degrees 16 minutes West,99.3 feet;thence Southwesterly 197.5 feet along an are to the left and having a radius of 7,072.0 feet and subtended by a long chord having a bearing of South 39 degrees 50 minutes West, and a length of 197.5 feet; thence South 40 degrees 15 minutes West, 402.9 feet; thence North 00 degrees 57 minutes West, 66.5 feet to the Southeasterly boundary of State Road 23; thence along said boundary by the following courses: thence North 37 degrees 03 minutes East, 451.8 feet; thence North 38 degrees 26 minutes East, 399.8 feet; thence North 41 degrees 14 minutes East, 307.7 feet; thence leaving said boundary; thence South 44 degrees 30 minutes East, 109.5 feet; thence North 45 degrees OS minutes East, 399.9 feet; thence South 64 degrees 30 minutes East,238.7 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: Commencing at the Northwest corner of the Southeast Quarter of Section 21, Township 37 North, Range 2 East, St. Joseph County, Indiana; thence Southerly 1899.6 feet along the west line of said Quarter Section to the point of beginning of Parcel No. 3B Permanent right of way; thence North 00 degrees 57 minutes West, 55.2 feet; thence North 33 degrees 13 minutes East, 234.0 feet; thence North 38 degrees 26 minutes East, 202.5 feet; thence North 46 degrees 33 minutes East, 304.3 feet; thence Northeasterly 93.0 feet along an arc to the right and having a radius of 7,227.0 feet and subtended by a long chord having a bearing of North 43 degrees 25 minutes East, and a length of 93.0 feet to the Northwesterly boundary of State Road 23; thence along said boundary by the following courses: thence South 41 degrees 19 minutes West, 93.1 feet; thence South 38 degrees 02 minutes West, 202.0 feet; thence South 38 degrees 15 minutes West, 372.3 feet; thence South 36 degrees 21 minutes West, 205.0 feet to the point of beginning. FURTHER EXCEPTING THEREFROM: That part of the following real estate which is located within the West half of the East half of the Section 21: A parcel of land being a part of the East Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Northwest corner of the East Half of the Southeast Quarter of said Section 21, said point being the Northwest comer of a tract of land conveyed to the Trustees of the Henry Kanzig Trust by Instrument Number 8822658 as the same is recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South 00 degrees 00 minutes 00 seconds West(bearing assumed for this description)along the West line of said Kanzig tract, a distance of 359.61 feet to a point on the northerly right-of- way line of U.S. Highway#31; thence for the next ten courses along said Northerly right-of-way line,the first course being North 63 degrees 43 minutes 45 seconds West,a distance of 43.05 feet; thence North 64 degrees 17 minutes 38 seconds West,a distance of 113.01 feet; thence North 68 degrees 40 minutes 04 seconds West, a distance of 111.07 feet; thence North 69 degrees 59 minutes 33 seconds West, a distance of 209.53 feet; thence North 70 degrees 04 minutes 25 seconds West, a distance of 102.10 feet; thence North 70 degrees 00 minutes 11 seconds West, a distance of 106.69 feet;thence North 69 degrees 39 minutes 40 seconds West, a distance of 99.95 feet; thence North 66 degrees 32 minutes 35 seconds West a distance of 59.97 feet;thence North 56 degrees 36 minutes 14 seconds West, a distance of 76.89 feet; thence No minutes 38 seconds West, a distance of 105.35 feet to a point near the top of t le SoutgieIA49D. LEGAL DESCRIPTION TO DEED AUG 0 12018 AREA PLAN GO A( II N_ A lication#- of a private drainage ditch; thence for the next five courses along said top, the first course being North 57 degrees 26 minutes 56 seconds East, a distance of 261.80 feet;thence North 86 degrees 31 minutes 01 seconds East, a distance of 57.30 feet; thence North 84 degrees 28 minutes 02 seconds East, a distance of 176.85 feet; thence North 83 degrees 45 minutes 22 seconds East, a distance of 192.36 feet;thence North 83 degrees 19 minutes 27 seconds East,a distance of 291.31 feet,to a point;thence North 89 degrees 24 minutes 59 seconds East,at right angles with the west line of a tract of land conveyed to Bruno and Rosa Cataldo by a deed recorded as Instrument No. 9003257 in said Recorder's Office, a distance of 555.45 feet to a point on said West line; thence South 00 degrees 35 minutes 01 seconds East,along said west line, a distance of 227.33 feet to a point on the northerly right-of-way line of State Road 23; thence South 50 degrees 32 minutes 16 seconds West along said Northerly line,a distance of 87.35 feet to the North line of said East Half of the Southeast Quarter of Section 21; thence North 88 degrees 59 minutes 43 seconds West, along said North line,a distance of 488.03 feet to the place of beginning. FURTHER EXCEPTING THEREFROM: {0235679) Beginning at the Northwest corner of the Southeast Quarter of Section 21,Township 37 North, Range 2 East, St. Joseph County, Indiana; thence South 89 124'52" East, a distance of 131.19 feet to the Southerly boundary of U.S. 31 being a limited access right-of-way by deed); thence along said boundary by the following courses; South 40°33'02 East,a distance of 69.83 feet;thence South 60°11'02"East a distance of 98.50 feet;thence South 44°06'02"East, a distance of 600.00 feet; thence South 44°06'02"East, a distance of 270.00 feet; thence departing said boundary South 13°59'58" West, a distance of 53.00 feet to the Northerly boundary of S.R. 23; thence along said boundary by the following courses; South 44 153'48" West, a distance of 538.62 feet; thence around a 7227.00 foot radius curve to the left 93.00 feet terminating at the end of a 93.00 foot long chord bearing South 42°45'48"West;thence South 45°53'48"West,a distance of 304.30 feet;thence South 37°46'48" West, a distance of 202.50 feet; thence South 89°59'22" West, a distance of 124.30 feet to the West line of said Quarter Section; thence departing said boundary North 00°00'38" West, a distance of 1673.30 feet along said West line to the place of beginning. Parcel VI: The North Half of the East Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16,Township 37 North, Range 2 East, and the East Half of the North Half of the West Half of the East Half of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East. ALSO: The West Half of the Southwest Quarter of the Southwest Quarter of Section Number 16, Township Number 37 North, Range Number 2 East, EXCEPTING THEREFROM the right-of- way of the Indiana, Illinois and Iowa Railroad Company (New York Central Lines) across said land. ALSO: TRACT I:The West Half of a five acre tract of land,described,as the West Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 16, Township 37 North,Range 2 East,in St.Joseph County,Indiana. FILED- AUG 012018 LEGAL DESCRIPTION TO DEED AREA PLAN CO ISSI N A lication# TRACT II: The East Half of a five acre tract being the East Half of the West Half of the Southeast Quarter of the Southwest Quarter of the Southwest Quarter, of Section 16, Township 37 North,Range 2 East in St.Joseph County,Indiana. ALSO: The South Half(1/2)of the East Half(1/2)of the East Half(1/2)of said Southwest Quarter(1/4) of the Southwest Quarter(1/4)of Section 16,Township 37 North,Range 2 East. ALSO: The West Half(1/2) of the North Half(1/2) of the West Half(1/2) of the East Half(1/2) of the Southwest Quarter(1/4)of the Southwest Quarter(1/4)of Section 16,Township 37 North,Range 2 East. EXCEPTING: A parcel of land located in Section 16, Township 37 North, Range 2 East, St. Joseph County,Indiana;more particularly described as follows:A tract of land 30 feet wide lying South and adjacent to the North line of the South Half(S1/2)of the Southwest Quarter(SW 1/4) of Section 16, commencing at the Northeast corner of the South Half(S1/2) of the Southwest Quarter(SW 1/4), thence West 562.82 feet along the North line of the South Half(S1/2) of the Southwest Quarter(SW 1/4)to the East right of way line of the N.J.I.& I. Railroad,thence South 22 degrees 18 minutes 50 seconds West 32.43 feet, thence North 90 degrees 00 minutes 00 seconds East(assumed) 575.14 feet to the East line of the Southwest Quarter(1/4); thence North 30.00 feet to the point of beginning. FURTHER EXCEPTING: A parcel of land situated in the Southwest Quarter (1/4) of the Southwest Quarter(1/4)of Section Sixteen(16), Township Thirty-seven (37)North, Range Two 2) East, Portage Township, St. Joseph County, Indiana, more particularly described as follows: That portion of said Quarter-Quarter Section that lies North and West of the Right-of-way of Indiana,Illinois and Iowa Railroad Company(New York Central Railroad Company). Parcel IX: The Southeast Quarter of the Southwest Quarter of Section 16,Township 37 North,Range 2 East, EXCEPTING THEREFROM the right-of-way of the New Jersey, Indiana and Illinois Railroad across said land and FURTHER EXCEPTING THEREFROM, a tract of land thirty feet wide lying south and adjacent to the north line of the South Half of the Southwest Quarter of said Section 16, commencing at the northeast corner of the South Half of the Southwest Quarter of said Section 16; thence West 562.82 feet along the north line of the South Half of the Southwest Quarter of Section 16, to the east right-of-way line of the New Jersey, Indiana, and Illinois Railroad; thence South 22 018150" West, 32.43 feet; thence North 90°00'00" East (assumed) 575.14 feet to the east line of the Southwest Quarter of said Section 16;thence North 30.00 feet to the point of beginning. Subject to legal highways. FILED- AUG 012018 AREA PLAN CO I A lication# LEGAL DESCRIPTION TO DEED z O c U)7 ail cx* v— C=2 :5100 14'i Lj R° O A C)Z ZAs BE5.2 3 gto CL co Sly. li tif; i MT111, 11 1 ixwj wgji3-; l li;" t 2. W& nfils X. -M p, v a if'.!1"R ill, uj cl *6 in I M 4 .cr 91-111 "-,'1 ." 11 x i P n . 1111 71 c Atli 9 fn M Hy i 1 HMAIum q Z d cr- z j wC=co CD C=) 0 LLL 00 1:< 03)U) Lq D LL v I ja Q0 co CQ s A w co co E LAWRENCE P. MAGLIOZZI I'XE('till%L DIRECTOR Angela M. Smith I)rpul, Diroct or AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROO&I 1140'COUN-1 Y-CITY BUILDING, SOU T11 BEAD, INDIANA 46(,01 (S74) 235-901 September 19, 2018 Honorable South Bend Common Council 4th Floor, County-City Building South Bend,IN 46601 RE: Bill #35-18 Rezoning: APC 42874-18 — A 229 acre tract of land north of the St. Joseph Valley Parkway right-of-way, approximately 1150 feet from the intersection of State Road 23 and the St. Joseph Valley Parkway Dear Council Members: The Area Plan Commission held a public hearing on September 18, 2018 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, October 8, 2018. Ordinance & Petition Amendments: No changes. Public Hearing Summary: There was no one to speak in favor of the petition. One person spoke in opposition to the petition citing potential negative effects on the water table, runoff, air quality and how that could damage crops, soil,wildlife and people. She also was concerned the demand didn't exist for industrial development. If you have any further questions, please feel free to contact me at(574)235-9571. Si erely, J •dan Wyatt Planner CC: Bob Palmer SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W.5 T J O S E P"C O U N T Y IN DO A N A.C O M!A R E A PLAN LAWRENCE P. MAGLIOZZI I,I-(ll F I N't.I)city C'l'()IC Angela M. Smith I),pot1 IN riot orPARPEAPLANCOMMISSIONC)F ST_ JOSEPH C(DUNTY, IN 227 W. JEFFF ItSON BLVD., ROOM 1140 COUNTY-CITY BU ILI)ING, SOIITH BFNI), INDIANA 16601 (574)23i-9571 Wednesday, September 19,2018 The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Ceres Farms LLC to zone from A: Agricultural District(County) to GI General Industrial District(City), property located at a 229 acre tract of land north of the St.Joseph Valley Parkway, approximately 1150 feet west of State Road 23, City of South Bend-APC#2874-18, Dear Council Members: I hereby Certify that the above referenced ordinance of Ceres Farms LLC was legally advertised on September 6, 2018 and that the Area Plan Commission at its public hearing on September 18,2018 took the following action: Upon a motion by John Leszczynski,being seconded by Robert Hawley and unanimously carried,a proposed ordinance of Ceres Farms LLC to zone from A: Agricultural District to GI General Industrial District, property located at a 229 acre tract of land north of the St.Joseph Valley Parkway, approximately 1150 feet west of State Road 23, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning the site to GI General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities, which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. 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, Lawrence P. Magliozzi Attachment CC: Ceres Farms LLC SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE , NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND T_ W w W.S)C I N C[ANA.C 0 14/)0 6 1.,..-p I.n Staff Report 9/7/2018 APC # 2874-18 Owner: Ceres Farms LLC I..ocation:A 229 acre tract of land north of the St.Joseph Valley Parkway,approximately 1 150 feet west of State Road 23 Jurisdiction: City of South Bend Public Hearing Date: 9/18/2018 Requested Action: The petitioner is requesting a zone change from A: Agricultural District(St. Joseph County)to GI General Industrial District(South Bend). Land Uses and Zoning: On site: On site is tilled farmland. North: To the north is tilled farmland and the ethanol plant,zoned GI General Industrial (South Bend). East: To the east are vacant parcels zoned GI General Industrial District(South Bend)and A: Agricultural District(St. Joseph County)which are pending rezoning to GI General Industrial District(South Bend). South: To the south,across the St.Joseph Valley Parkway,are parcels zoned A: Agricultural District and a business zoned C:Commercial District(St. Joseph County). West: To the west are parcels zoned A: Agricultural District(St.Joseph County). District Uses and Development Standards: The GI General Industrial District is established to provide for development of manufacturing and processing facilities or facilities which may require substantial amounts of outdoor storage or outdoor operations. Permitted uses in this district tend to generate heavy traffic and require extensive community facilities. Permitted uses in this district may require extensive amounts of outdoor storage or outdoor operations. The permitted uses provided for in this district should be separated from residential districts or low intensity commercial/mixed use districts by less intense industrial districts. Site Plan Description: There is no proposed site plan for development at this time. Future development will need to adhere to development standards for the appropriate district. Zoning and Land Use History And Trends: The business to the south was rezoned to C: Commercial District in 1998. Traffic and Transportation Considerations: Calvert Street is two lanes. Utilities: The site will be served by municipal water and sewer. Agency Comments: The Department of Community Investment offers a favorable recommendation. APC 4 2874-18 Page 1 of 2 Staff Report 9/7/2018 Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests,per IC 36-7-4-603: 1. Comprehensive Plan: Policy Plan: The petition is consistent with City Plan, South Bend Comprehensive Plan(2006), Objective ED 2.3: Create opportunities for manufacturing companies to locate in the community and Objective LU 7.2: Require the annexation of contiguous property being serviced with City Utilities, where legally feasible, to provide for future uses as identified in the Future Land Use Map. Land Use Plan: The Future Land Use Plan identifies this area for heavy industrial growth. Plan Implementation/Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: Parcels in this area have been developed for light and heavy industrial uses. 3. Most Desirable Use: The most desirable use for this property would be industrial uses. 4. Conservation of Property Values: Expanding industrial properties adjacent to industrial uses,and with proper screening and buffering, property values should not be adversely affected. 5. Responsible Development And Growth: It is responsible development and growth to develop large areas adjacent to major corridors for heavy industrial uses. Staff Comments: The staff has no additional comments at this time. Recommendation: Based on information available prior to the public hearing,the staff recommends sending this petition to the Common Council with a favorable recommendation. Analysis: Rezoning the site to G1 General Industrial District will provide the opportunity for industrial development with access to a major thoroughfare and utilities,which will help meet multiple objectives outlined in City Plan and the Future Land Use Plan. APC# 2874-18 Page 2 of 2 4SpUT$ 8 Department of Community Investment 1865 Memorandum Monday,August 13,2018 Filed in Clerk's Office TO: Kara Boyles, Engineering Environmental Services (Solid Waste) AUG 13 2018 Aladean DeRose, Legal Ed Herman, Water Works KAREEMAH FOWLER Jennifer Hockenhull,Administration & Finance CITY CLERK,SOUTH BEND, IN Larry Magliozzi,Area Plan Commission Federico Rodriguez, Fire Sgt. Chad Goben, Police Randy Wilkerson and Tracy Skibins, Code Enforcement FROM: Michael Divita, Principal Planner SUBJECT:Request for Service Reports Ceres Annexation Area 100%Voluntary Annexation of Contiguous Property) A petition for voluntary annexation of the Ceres Annexation Area has been received by the City and is receiving First Reading by the Common Council today,August 13, 2018. The proposed Annexation Area consists of one full parcel,two partial parcels,and adjacent right-of- way totaling about 254.6 acres and is located at the west end of Calvert Street, northwest of the US 31 (Bypass)-Prairie Avenue(SR 23) interchange. The area currently contains agricultural land and is zoned agricultural in the County. With the annexation,the petitioner seeks rezoning to"GI" General Industrial District to permit agricultural and other allowable uses. Please complete the Service Report addressing how your Department will or can provide City services to the proposed Annexation Area, and return it to me by August 27, 2018. This deadline must be met so that the Legal Department can prepare the necessary resolutions in time to be considered by the Board of Public Works and the Board of Public Safety. A fact sheet, map, and an annexation schedule are attached to assist you in your review. If you have any questions, please contact me at 235-5843 or mdivita @southbendin.gov. cc:Mayor Pete Buttigieg Laura O'Sullivan, Chief of Staff, Office of the Mayor Bob Palmer,Attorney for the Common Council James Mueller, Executive Director,Community Investment Tim Corcoran, Director of Planning, Community Investment Kareemah Fowler, City Clerk Bianca Tirado, Deputy City Clerk John McNamara, County Surveyor 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574-235-9371 1 FAX:574-235-9021 1 SOUTHBENDIN.GOV i SERVICE REPORT CHECK LIST Department of Law: 1) legal concerns, if any (if none, no report is required) Public Works: 1) location, size, and capacity of sewer line(s) 2) listing of properties connected to sewer line(s) 3) any public improvements required or suggested, such as street signs, street lighting, pavement upgrade, storm drainage 4) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) 5) a listing of properties covered by waivers Water Works: 1) location, size, and capacity of water line 2) listing of properties connected to water line(s) 3) cost, timing, and source of funds for providing those improvements (within 1 year for non-capital items and 3 years for capital items) Police Department: 1) Police Beat to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Fire Department:1) primary and secondary fire stations to be assigned 2) cost, timing, and source of funds of providing any improvements 3) whether comparable response time can be maintained Code Enforcement: 1) Code Enforcement Area to be assigned 2) whether comparable response time can be maintained Area Plan: 1) current zoning of property 2) anticipated/required zoning 3) compatibility of land uses relative to city zoning 4) copies of recorded subdivision plats, if any Admin/Finance: 1) (no report necessary for this annexation) Environmental 1) capacity to provide solid waste service Services: 2) cost to owner of service 3) when service can begin County Surveyor:1) verify accuracy of legal description INITIAL REVIEW FACT SHEET 100% VOLUNTARY ANNEXATION Ceres Annexation Area Portage Township Prepared August 2018 A. Annexation Criteria (Minimum)Analysis Criteria Met? 1. Contiguity: At least 1/8 (12.5%) 28% Yes and 2. 100% of owners signed petition 100% Yes and 3. a. essential City services are/can be provided Yes b. City is able to provide services Yes c. territory is contiguous Yes B. General Location: Near west end of Calvert Street, west of Renewable Road (New Energy Drive) Address(es): None Tax Key Number(s): 017-1007-0223 (part)017-1012-0307 (part) 017-1012-030901 Subdivision(s) of Record: None Acres: 254.6 Current Net Assessment: $451,200 Current Population: 0 Proposed Population: 0 Current Land Use: Agricultural Proposed Land Use: Agricultural Current Zoning: A" Agricultural District, St. Joseph County Proposed Zoning: GI" General Industrial District, City of South Bend Council District: 6th Council District Scheduled Effective Date: November 25, 2018 Comments:Proposed Annexation Area includes the adjacent portion of the US 31 right-of-way Map I Ceres Annexation Area Bel ill sr S ul NORTH 0 a y 0 250 500 1,000 1.500 QCity of South Bend -Ceres Annexation Area Fe et Prepared by City of South Bend Depart ment of Community Investment August 10.2018 Legal Description Part of the Southwest Quarter of Section 16 and the North Half of Section 21,Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16;thence East along the North Line of the South Half of the Southwest Quarter of Said Section,to the West Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company (New York Central Lines), being the Point of Beginning;thence continuing East along the North Line of the South Half of the Southwest Quarter of Section 16, 2,140 feet more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line;thence South 1,318 feet more or less along Said North/South Centerline and the South Bend City Limit line to the South Line of Section 16, being also the South Bend City Limit line; thence East along the North Line of the Northeast Quarter of Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21;thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the office of the St.Joseph County Recorder;thence West along Said North Line of Lot 1 to the Northerly Right-of-Way Line of US 31;thence Southeasterly along Said Right-of-Way to the East/West Centerline of Section 21;thence West along Said East/West Centerline to the Southerly Right-of-Way of Said US 31;thence Northwesterly along Said Right-of-Way to the West Line of Said Section 21; thence North along Said West Line to the North Line of Said Section 21 and the South Line of Section 16;thence continuing North along the West Line of Section 16 to the Northwest Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company; thence Northeast along Said Railroad Right-of-Way to the place of beginning. Containing 254.62 acres, more or less, including railroad and US 31 Rights-of-Way. Proposed Schedule for Ceres Annexation Area File Date 8/8/18 Council 1st Reading 8/13/18 Fiscal Plan Service Request Sent 8/13/18 Fiscal Plan Service Request Due 8/27/18 Fiscal Plan Done 9/10/18 Council Advertisement 9/14/18 Area Plan Commission Public Hearing 9/18/18 Board of Public Safety 9/19/18 Board of Public Works Agenda Session 9/20/18 Board of Public Works Hearing 9/25/18 Fiscal Plan Resolution to Clerk 10/3/18 Council 2nd Reading 10/8/18 Council 3rd Reading 10/22/18 Ordinance Advertised 10/26/18 Appeal Period Start 10/26/18 Appeal Period End 11/25/18 F 5pU TH eF O tp 2 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office Mr. Tim Scott SEP 18 2018 President, South Bend Common Council 4th Floor County-City Building KAREEMAH FOWLER 227 W. Jefferson Blvd.CITY CLERK,SOUTH BEND,IN South Bend, IN 46601 Re: SUBSTITUTE Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a substitute bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This tax rate will apply for property tax assessments in fiscal 2018 with taxes payable in fiscal 2019. Similar to prior years, this bill has been filed with estimated property tax rates. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February 2019. The actual property tax rates will depend on the 2018/pay 2019 net assessed valuation of property in South Bend. This bill is respectfully submitted for 1St reading filing with the Common Council for the council meeting on August 27, 2018, 2nd reading and public hearing at the council meeting on September 24, 2018, with V reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, t6(_ Cc Jennifer C. Hockenhull City Controller 074 SUBSTITUTE BILL NO. 38-18 In ;ler;'s Office SUBSTITUTE BILL NO. 38-18 SEP 18 2018 ORDINANCE NO. E i i bWL15l AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2018 to be collected in the year 2019 the following: For CORPORATION GENERAL FUND, the sum of$3.6535 on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of$0.8597 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$0.0385 on each one hundred dollars of Taxable Property. For PARK BOND DEBT SERVICE FUND, the sum of$0.0833 on each one hundred dollars of Taxable Property. Total Civil City Rate $4.6350 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana pUTFf R Filed in Clerks Office s: PEA(E: is AUG 21 2318 186s KAREEMAH ')WLER CITY OF SOUTH BEND PETE BUTTIGIEG, MA CUTY CLERK,SOU.T BEND,IN DEPARTMENT OF ADMINISTRATION AND FINANCE _ r August 21, 2018 Mr. Tim Scott President, South Bend Common Council 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Re: Ordinance Levying taxes and fixing the rate of Property Taxation to meet City Expenses for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend fixing the property tax rate for the City of South Bend for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This tax rate will apply for property tax assessments in fiscal 2018 with taxes payable in fiscal 2019. Similar to prior years, this bill has been filed with estimated property tax rates. The final property tax rates for each municipality in the State of Indiana are determined by the Department of Local Government Finance (DLGF) as part of the "1782" budget review process which, according to the state budget calendar, must be completed in February 2019. The actual property tax rates will depend on the 2018/pay 2019 net assessed valuation of property in South Bend. This bill is respectfully submitted for 1St reading filing with the Common Council for the council meeting on August 27, 2018, 2nd reading and public hearing at the council meeting on September 24, 2018, with 3rd reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, 1" Jennifer C. Hockenhull City Controller r Iv Filed in Clerk's Office BILL NO. 38-18 AUG 2 12018 j p ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE CITY OF SOUTH BEND, INDIA , TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2018 to be collected in the year 2019 the following: For CORPORATION GENERAL FUND, the sum of$xxxxx on each one hundred dollars of Taxable Property. For PARK AND RECREATION FUND, the sum of$O.xxxxon each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND,the sum of$O.xxxx on each one hundred dollars of Taxable Property. Total Civil City Rate $xxxxx For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of$O.xxxx on each one hundred dollars of Taxable Property. Total Redevelopment Rate$O.xxxx 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. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana yoUTtr 120ON COUNTY-CITY BUILDING PHONE 574/235-9822 227 W.JEFFERSON BLVD. 7 FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 PEACE M X 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2018 Filed in CIer4<"s Office Mr. Tim Scott AUG 21 201E President, South Bend Common Council 41h Floor, County-City Building KAREEMiH,'TQWLER 227 W. Jefferson Blvd. CITY CLERK,OOUT_ H BEND, IN South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Departments and Funds of the Civil City of South Bend for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for civil city expenditures for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This bill is respectfully submitted for 111 reading filing with the Common Council for the council meeting on August 27, 2018, 2,d reading and public hearing at the council meeting on September 24, 2018, with V reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Y*' -LaC Jennifer C. Hockenhull City Controller Excellence I Accountability I Innovation I Inclusion I Empowerment BILL NO. 39-18 BILL NO. 39-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1,2019 AND ENDING DECEMBER 31,2019 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several Departments of the Civil City of South Bend, Indiana for 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. For the expenses of the Civil City Government, its various Departments, Funds, Commissions, and institutions for the fiscal year ending December 31, 2019, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the Funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2019, there is hereby appropriated out of the General Fund Number 101 and from Funds other than the General Fund, of said City to wit: 201) Park and Recreation Fund 202) Motor Vehicle Highway Fund 203) Park Recreation Non-Reverting Fund Filed in Clerk's Office 209) Studebaker Oliver Reverting Grants 210) Economic Development Grant Fund AUG 21 2018 211) Community Investment Administration Fund 212) Community Investment Grant Fund KAREEMAII FOWLER 216) Police State Seizures Fund CITY CLERK,SOUTH REND, IN 217) Gift, Donation, Bequest Fund 218) Police Curfew Violations Fund 219) Unsafe Building Fund 220) Law Enforcement Continuing Education Fund 221) Landlord Registration Fund 222) Central Services Fund 224) Central Services Capital Fund 226) Liability Insurance & Premium Reserve Fund 227) Loss Recovery Fund 249) Public Safety Local Option Income Tax Fund 251) Local Roads and Streets Fund 257) LOIT 2016 Special Distribution 258) Human Rights—Federal Fund 265) Local Road & Bridge Grant Fund 273) Morris PAC/Palais Royale Marketing Fund 274) Morris PAC Self Promotion Fund 278) Police Take Home Vehicle Fund 279) IT/Innovation/311 Call Center Fund 280) Police Block Grant Fund 289) Hazmat Fund 291) Indiana River Rescue Fund 294) Regional Police Academy Fund 295) COPS More Grant Fund 299) Police Federal Drug Enforcement Fund 312) 2017 Parks Bond Debt Service Fund 313) Hall of Fame Debt Service Fund 377) Professional Sports Development Fund 401) Coveleski Stadium Capital Fund 404) County Option Income Tax Fund 405) Park Department Non-Reverting Capital Fund 406) Cumulative Capital Development Fund 407) Cumulative Capital Improvement Fund 408) County Economic Development Income Tax Fund 410) Urban Development Action Grant Fund 412) Major Moves Construction Fund 416) Morris Performing Arts Center Capital Fund 450) Palais Royale Historic Preservation Fund 451) 2018 Fire Station Capital Bond 471) 2017 Parks Bond Capital Fund 655) Project ReLeaf Fund 677) Hall of Fame Capital Fund 701) Fire Pension Fund 702) Police Pension Fund 705) Police K-9 Unit Fund 711) Self-Funded Employee Benefit Fund 713) Unemployment Compensation Fund 714) Parental Leave Fund 730) City Cemetery Trust Fund 750) Equipment/Vehicle Leasing Fund 751) Parks Bond Capital Fund 753) Smart Streets Bond Capital Fund 755) South Bend Building Corporation Fund 757) Parks Bond Debt Service Fund 759) Eddy Street Commons Phase II Capital Fund 760) Eddy Street Commons Phase II Debt Service Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana ot''rtt eF 120ON COUNTY-CITY BUILDING 01 PHONE 574/235-9822 227 W.JEFFERSON BLVD. FAX 574/235-9928 SOUTH BEND, INDIANA 46601-1830 r PEACE :r y X 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE August 21, 2018 Filed in Clerk's Office Mr. Tim Scott AUG 21 2018 President, South Bend Common Council 4th Floor, County-City Building KAREEMAH FOWLER 227 W. Jefferson Blvd. I CITYCL_E_R_K,SOUTH BEND_,IN South Bend, IN 46601 Re: Ordinance Appropriating Monies for the purpose of Defraying the Expenses of Designated Enterprise Funds of the City of South Bend for the fiscal year ending December 31, 2019 Dear Council President Scott: Attached herewith please find a bill for consideration by the Common Council of the City of South Bend appropriating monies for enterprise fund expenditures for the fiscal year commencing January 1, 2019 and ending December 31, 2019. This bill is respectfully submitted for 1St reading filing with the Common Council for the council meeting on August 27, 2018, 2 I reading and public hearing at the council meeting on September 24, 2018, with 3 I reading and council vote at the council meeting on October 8, 2018. 1 will be available to discuss this bill at the appropriate sessions of the Personnel and Finance Committee and other meetings of the South Bend Common Council. Respectfully submitted, Jennifer C. Hockenhull City Controller Excellence I Accountability I Innovation I Inclusion I Empowerment BILL NO. 40-18 BILL NO. 40-18 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND,INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1,2019 AND ENDING DECEMBER 31,2019 INCLUDING ALL OUTSTANDING CLAIMS,AND OBLIGATIONS,AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana its various Departments, Funds, Commissions and institutions for the fiscal year ending December 31, 2019, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the Funds hereinafter named in Section 11, and for the purposes hereinafter specified in Section 11, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION II. For the fiscal year ending December 31, 2019 the above appropriations are made within the following Funds of the City: 287) EMS Capital Fund 288) EMS Operating Fund 600) Consolidated Building Fund Filed in Clerk's Office 601) Parking Garages Fund 610) Solid Waste Operating Fund AUG 21 2018 611) Solid Waste Depreciation Fund 620) Water Works General Operations Fund KAREEMAH FOWLER 622) Water Works Capital Fund CITY CLERK,SOUTH BEND, IN 624) Water Works Customer Deposit Fund 625) Water Works Sinking Fund 626) Water Works Bond Reserve 629) Water Works O&M Reserve Fund 640) Sewage Repair Insurance Fund 641) Sewage Works General Operations Fund 642) Sewage Works Capital Fund 643) Sewage Works O&M Reserve Fund 649) Sewage Works Bond Sinking Fund 653) Sewage Works Debt Service Reserve Fund 667) Storm Sewer Fund 670) Century Center Operating Fund 671) Century Center Capital Fund 672) Century Center Energy Savings Debt Service Fund SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at_o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Aft qr Ptrans o south bend public Filed IB Clerks Office transportation corporation Via Hand Delivery AUU August 21, 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Mr. Tim Scott President - City of South Bend Common Council County- City Building - Room 400S South Bend, IN 46601 Dear President Scott: Enclosed please find an original and several copies of: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORTATION'S 2019 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019 Due to a recent enactment of Indiana law, Transpo is required to submit its proposed budget and tax levy to the City of South Bend Common Council (the "Council") for adoption by the Council. Specifically, Indiana Code 6-1.1-17-20 requires that Transpo, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Council for adoption. Pursuant to I.C. § 6-1. 1-17-20(e), the Council should review Transpo's budget and proposed tax levy and adopt a final budget and tax levy for Transpo. Transpo's Board of Directors will vote to approve the budget and levy on September 17, 2018. The scheduled public hearing of the budget with South Bend Common Council is scheduled to be on September 24, 2018. Transpo's budget was filed with the Common Council on August 22, 2018. This Ordinance will be presented to the Council by Transpo's Controller, Christopher Kubaszak. Transpo's General Counsel, Jamie C. Woods and representatives of Transpo's Board of Directors may also attend. On behalf of Transpo's Board of Directors, the Council's assistance in this budget process is greatly appreciated. Sincerely, 4 OM Amy E. Hill Interim General Manager and Chief Executive Officer 574) 232-9901 • FAX (574) 239-2309 • 1401 South Lafayette Blvd • South Bend, IN 46613 BILL NO. 41-18 Filed in Clerk's Office BILL NO. 41-18 LAUG 21 2016 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING,ADOPTING AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION'S 2019 BUDGET AND LEVYING THE TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION, SOUTH BEND, INDIANA,FOR THE FISCAL YEAR ENDING DECEMBER 31,2019 STATEMENT OF INTENT Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit its proposed budget and tax levy to the Common Council of the City of South Bend for adoption. Specifically, Indiana Code § 6-1.1-17-20 requires that the South Bend Public Transportation Corporation, as a political subdivision governed by a majority of unelected officials, submit its proposed budget and property tax levy to the Common Council of the City of South Bend. Pursuant to Indiana Code § 6-1.1-17-20(e),the Common Council of the City of South Bend is required to review the South Bend Public Transportation Corporation's budget and proposed tax levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION 1. The South Bend Public Transportation Corporation's budget for the year ending December 31, 2019 in the sum of$13,390,931.00, as shown on Budget Form 4-A, filed with the Common Council on August 21, 2018, is appropriated, adopted, approved and ordered set apart out of the several funds herein named and for the purposes herein specified, subject to the laws governing the same. Such sums herein appropriated shall be held to include all expenditures authorized to be made during the year, unless otherwise expressly stipulated and provided for by law. In addition, for the purpose of raising revenue to meet the necessary expenses of the South Bend Public Transportation Corporation, a total property tax levy of$4,648,000.00 and a total tax rate of 0.1218 as shown on Budget Form 4-B are also appropriated, approved and adopted. SECTION 2. This Ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend and approved by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana oU T1{/, 120ON COUNTY-CITY BUILDING PHONE 574/ 235-7678 227 W.JEFFERSON BLVD. FAX 574/ 235-9928 SOUTH BEND,INDIANA 46601-1830 wig PEACE 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE r September 17, 2018 Filed in Clerk's Office SEP 18 2018 Mr. Tim Scott KAREEMAH FOWLER President, South Bend Common Council CITY CLERK,SOUTH BEND,IN 41h Floor, County-City Building South Bend, IN 46601 Re: Ordinance Setting the Mayor's Salary For 2019 Dear President Scott: Attached is the 2019 salary ordinance setting the Mayor's salary. Under Indiana law, I.C. 36-4-7- 2(c),the Mayor's salary may not be reduced from the prior year's amount. This ordinance increases the Mayor's 2019 salary by 2% over his 2018 salary which is the same as the proposed increase for other non-bargaining employees. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on September 24, 2018,with 2nd reading,public hearing and 3`d reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, ko Jennifer C. Hockenhull City Controller OP- BILL NO. 45-18 EF s Office BILL NO. 45-18 WLER SEND, INORDINANCENO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code 36-4-7-2, the City's legislative body is required to fix the annual compensation of all elected officers. 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 following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2019. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the Mayor of the City of South Bend in calendar year 2019 shall be and hereby is established at $110,885. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana SOUTH s City of South Bend 574)235-9321 U x Fax( 574)235-9173 TDD(574)235-5567 PEACE Common Council http://www.southbendin.gov 441 County-City Building o 227 W.Jefferson Blvd 1865 South Bend,Indiana 46601 Filed in Clerk's Office Tim Scott September 19, 2018 pp n President SEP 19 2018 Oliver Davis The South Bend Common Council KAREEMAH FOWLER Vice-President 4d' Floor County-City Building CITY CLERK,SOUTH BEND,IN Gavin Ferlic South Bend, Indiana 46601 Chairperson, Committee of the Whole Re: Proposed 2019 Council Member Salary Ordinance Tim Scott First District Dear Council Members: Regina Williams-Preston Second District Attached is the 2019 salary ordinance setting the Common Council's salary. The Proposed Council budget includes a salary increase for members of the Sharon L.McBride Common Council at 2%. If approved,this would be the result in an increase Third District of$388.22 over the current maximum salary. Jo M.Broden Fourth District I recommend that the proposed ordinance be referred to the Personnel and Finance Committee for review and recommendation and then set for the 2nd Jake Teshka 3`d reading and public hearing at the October 8th Common Council Fifth District meeting. Oliver Davis Sixth District Most Sincerely, Gavin Ferlic At Large i John VoordeJohn Tim Sco , Council President At South Bend Common Council Karen White At Large Attachment cc: Office of the City Clerk BILL NO. 46-18 Filed in Clerk's Office BILL NO. 46-18 SEP 19 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council is required to fix the annual compensation of elected city officers. Indiana Code §36-4-7-2 authorizes the legislative body to carry out these responsibilities. This ordinance proposes a two percent(2%)maximum increase for calendar year 2019 for the nine- member Common Council. Now,Therefore it be ordained by the Common Council of the City of South Bend, Indiana as follows: Section 1. The maximum salaries for the members of the South Bend Common Council for the 2019 calendar year shall be established as follows,which reflects a maximum 2% increase over the 2018 maximum rate: 2018 2019 19,411 19,799 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana o spUTH ` vVd PE CB INC x OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK Filed in Clerk's Office September 19, 2018 The South Bend Common Council SEP 19 2018 4''Floor County-City Building South Bend, Indiana 46601 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Re: Proposed 2019 City Clerk's Salary Ordinance Dear Council Members, Submitted for your consideration is the ordinance that sets the salary for the South Bend City Clerk for the 2019 calendar year. This ordinance increases the City Clerk's 2019 salary by 2% which is congruent with the proposed increase for other non-bargaining employees. As you know, I will present this bill to the Personnel and Finance Committee at the appropriate time. Please don't hesitate to let me know if you have any questions or require further information. Your favorable approval is hereby requested. Respectfully, areemah N. Fowler, City Clerk Office of the City Clerk Attachment cc: Office of the City Clerk INTEGRITY1 SERVICE1 ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.MiR Josmi R MOLNAR CHIEF DEPUTY/DMEGMR OF OPERATIONS DEFuTy/DiRECrOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.9173 1 www.southbendin.gov BILL NO. 47-18 Filed in Clerk's Office BILL NO. 47-18 SEP 19 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The City Clerk serves as the clerk to the legislative body pursuant to Indiana Code § 36-4-6-9 and is required to preserve the legislative body's records and proceedings. The City Clerk is also charged with keeping the City Seal, administering official oaths, attending all regular and special meetings of the Common Council, and performing other duties as may be required by the legislative body. Indiana Code § 36-4-11-4 authorizes the City Clerk to appoint the "number of deputies and employees authorized by the city legislative body", which are established by a separate ordinance. The City Clerk currently manages a staff of four (4) employees, which includes overseeing the Ordinance Violations Bureau. The South Bend Common Council is required to fix the annual compensation of all elected city officials pursuant to Indiana Code §36-4-7-2. Now,therefore,be it ordained by the Common Council of the City of South Bend,Indiana,as follows: Section 1. The maximum salary for the City Clerk for the 2019 calendar year shall be established as follows: 2018 2019 70,900 72,318 Section I1. 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. 1 Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 2 o 1 ACEMACE > 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office SEP 18 2018 Mr. Tim Scott KAREEMAH FOWLER President, South Bend Common Council CITY CLERK,SOUTH BEND,IN 4th Floor, County-City Building South Bend, IN 46601 Re: 2019 Teamster Employee Wage Ordinance—Ratification Dear President Scott: Enclosed please find the proposed 2019 Teamster Employee Wage Ordinance.The agreement was ratified by the Teamster Union on October 16, 2016. The agreement was then passed as an ordinance#10474-16 on October 24,2016. The agreement is for a 4-year period from 2017-2020. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1St reading on September 24, 2018,with 2nd reading,public hearing and 3`d reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, Y 0_f Jennifer C. Hockenhull City Controller BILL NO. 48-18 Filed in Clerk's Office BILL NO. 48-18 S E P 18 2018 ORDINANCE NO. KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2017-2020 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the monetary aspects of the agreement reached between the City Negotiating Team and the Teamster's Negotiating Team on October 19,2016. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I.Maximum Compensation a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,wages are set and paid on a Bi-Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section II. Holidays,Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. a) Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement, incorporated herein by reference. c) Insurance. 1) Comprehensive Maior Medical Insurance Program/Preferred Provider Organization (PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Mnior Medical Insurance Program. The City shall pay one hundred and thirty dollars ($130) per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory,and the Employee who made such election may return to the City's comprehensive major medical Insurance Program,provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars ($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars($15,000)for each Teamster employee. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year,whichever is later. 5) Benefit Waiting Period. The City notes that life insurance,comprehensive major Medical Insurance, and short term disability programs require a minimum of sixty (60) day eligibility period; and that the long-term disability program requires a minimum of a ninety(90)day eligibility period which Teamster employees must meet. d) PERF Contribution. The City shall contribute one and one half percent(1.5%)of the Employee's required three percent (3%) contribution to the Indiana Public Employee Retirement Fund("PERF")under Ind. Code 5-10.2-3-2. Employees are responsible for the remaining one and one half percent(1.5%)contribution to PERF. e) Longevity. In recognition of certain Employee's dedicated service to the City,the following Longevity Bonus Plan is provided according to the contract terms and conditions: 0-5 Years 0 6-10 Years =$150 11-15 Years =$200 16-20 Years =$250 21+Years =$350 f) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement,the Bargaining Agreement shall prevail. g) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute,after consultation with the Controller and after appropriation by the Common Council. h) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled,forty(40)hours per week,or a reduced full-time schedule of thirty (30) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. i) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule,not to exceed one thousand five hundred eight 1,508) hours per year. While they do receive certain mandated benefits (such as worker's compensation and social security benefits),they are not eligible for other City benefit programs. Section III.Additional Appropriation and State of Indiana Approval Any appropriation for 2017 PERF contributions required by this ordinance are approved by the Common Council,and the Mayor or his designee is authorized to execute any documents related thereto required by any agency of the State of Indiana. Section IV.Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana 45nUTH8 . o 41 y PEACE 1865,_% CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office Mr. Tim Scott SEP 18 2018President, South Bend Common Council 4th Floor, County-City Building KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK,SOUTH REND,IN Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend Police Department Dear President Scott: On October 24, 2016, the South Bend Common Council passed Ordinance No. 10472-16, which established the annual pay and monetary fringe benefits for all sworn members of the South Bend Police Department for calendar years 2017,2018,2019 and 2020. This action followed successful labor negotiations between the City Advisory Negotiating Team working with our Agents who negotiated with the FOP Negotiating Team and their Agent. As noted at the August 29, 2018 Personnel and Finance Committee when the South Bend Police Department budget for calendar year 2019 was presented, all annual pay amounts and monetary fringe benefits set forth in their proposed budget reflect the exact amounts originally established in Ordinance No. 10472-16. The attached ordinance re-affirms all of those monetary amounts and programs for the 2019 calendar year, which were originally part of the ratified 4-year agreement. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on September 24,2018,with 2nd reading,public hearing and 3rd reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, s"l Jennifer C. Hockenhull City Controller Attachment cc: Police Chief Scott Ruszkowski Dan Demler, FOP Union Agent Robert Palmer, Council Agent 04 BILL NO. 49-18 LF led in Clerk's office BILL NO. 49-18 SEP 18 ZQ18 ORDINANCE NO. AREEMA H FOWLER CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RE-AFFIRMING ORDINANCE NO. 10472-16 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3, established the annual compensation and monetary fringe benefits of the South Bend Police Department following successful labor negotiations with representatives of South Bend FOP Lodge #36 in 2016. The total wage, monetary fringe benefits and working conditions package was ratified by voting members of the FOP which resulted in the South Bend Common Council passing Ordinance No. 10472-16 on October 25, 2016. Ordinance No. 10472-16 set forth the provisions of a four year agreement establishing the annual pay and monetary fringe benefits for calendar years 2017, 2018, 2019 and 2020, and also established maximum annual pay and monetary fringe benefits for upper level policy making positions in the South Bend Police Department as defined in Indiana Code § 36-8-1-12. This ordinance formally re-affirms all provisions of Ordinance No. 10472-16 in its entirety for the 2019 calendar year. NOW, THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Police Department, including all upper level policy making positions in the Department, are hereby fixed and re-affirmed for the 2019 calendar year as per Ordinance No. 19472-16 passed by this Council on October 26,2016 which originally established the annual pay and monetary fringe benefits.. A copy of Ordinance No. 10472-16 is attached hereto, incorporated herein by reference, and reaffirmed in its entirety. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock . M. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana O IC T II Y\ y`pL C i 1 865: CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office Mr. Tim Scott SEP 18 2018 President, South Bend Common Council 4'h Floor, County-City Building KAREEMAH FOWLER South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN Re: Re-Affirmation of the Annual Pay and Monetary Fringe Benefits for the South Bend Fire Department Dear President Scott: On October 23, 2017, the South Bend Common Council passed Ordinance No. 10549-17, which established the annual pay and monetary fringe benefits for all sworn members of the South Bend Fire Department for calendar years 2018, 2019, 2020 and 2021. This action followed successful labor negotiations between the City Advisory Negotiating Team working with our Agents who negotiated with the Fire Union Negotiating Team and their Agent. As noted at the August 8, 2018 Personnel and Finance Committee when the South Bend Fire Department budget for calendar year 2019 was presented, all annual pay amounts and monetary fringe benefits set forth in their proposed budget reflect the exact amounts originally established in Ordinance No. 10549-17. The attached ordinance re-affirms all of those monetary amounts and programs for the 2019 calendar year, which were originally part of the ratified 4-year agreement. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on September 24, 2018,with 2nd reading,public hearing and 3rd reading scheduled for October 8, 2018. If you have any further questions or need additional information,please let me know. Thank you for your consideration. Sincerely, PLO—f Jennifer C. Hockenhull City Controller Q BILL NO. 50-18 Fln rk's Olfiee BILL NO. 50-18 8 2014 ORDINANCE NO. FOWL ER UTH BEND, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, RE-AFFIRMING ORDINANCE NO. 10549-17 AND FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8- 3- 3, established the annual compensation and monetary fringe benefits of the South Bend Fire Department following successful labor negotiations with representatives of South Bend Firefighters Local Union#362 in 2017. The total wage, monetary fringe benefits and working conditions package was ratified by voting members of the Firefighters Union which resulted in the South Bend Common Council passing Ordinance No. 10549-17 on October 23, 2017. Ordinance No. 10549-17 set forth the provisions of a four year agreement establishing the annual pay and monetary fringe benefits for calendar years 2018, 2019, 2020 and 2021, and also established maximum annual pay and monetary fringe benefits for upper level policy making positions in the South Bend Fire Department as defined in Indiana Code § 36-8-1-12. This ordinance formally re-affirms all provisions of Ordinance No. 10549-17 in its entirety for the 2019 calendar year. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The annual pay and monetary fringe benefits established for all sworn members of the South Bend Police Department, including all upper level policy making positions in the Department, are hereby fixed and re-affirmed for the 2019 calendar year as per Ordinance No. 10549-17 passed by this Council on October 23, 2017 which originally established the annual pay and monetary fringe benefits.. A copy of Ordinance No. 10549-17 is attached hereto, incorporated herein by reference,and reaffirmed in its entirety. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Ordinance No. 1054q-_ Irl 3`d Substitute Bill No. 65-17 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEARS 2018,2019. 2020 AND 2021 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council,pursuant to Indiana Coded 36-8-3-3(d), is charged with establishing before November 1 of each year the annual compensation of the South Bend Fire Department. On June 1, 2017, Captain Chris Baker, the Vice-President of South Bend Firefighter's Association informed the City of their interest to enter into negotiations.Thereafter,the South Bend Common Council and the Board of Public Safety adopted separate Resolutions which designated their respective agents for the negotiations. The City's Advisory Negotiating Team's membership includes Corporation Counsel and City Agent Stephanie Steele, Assistant Chief Todd Skwarcan, Assistant Chief Andrew Myer, Battalion Chief"A" Shift Dave Maenhout, City Controller Jennifer Hockenhull,Human Resources Generalist Ian Spindler,and Director of Financial Services for Public Safety,Danny Cocanower. The South Bend Common Council's Advisory Negotiating Team includes Council President Tim Scott,Council Member Jo Broden,Council Member John Voorde and Council Agent Robert J.Palmer. The South Bend Firefighter's Local Union#362 Negotiating Team's membership includes Captain Jim Weinberg, Union President; Pump Engineer, Ryan Takacs, acting Union Vice- President; Captain Russ Buysse, Steward; Pump Engineer, Mike Jamieson, Sergeant at Arms; Captain Gerard Ellis,Member; and Timothy Curran, Legal Counsel. This ordinance reflects the proposals discussed during negotiations which were tentatively agreed to by the respective negotiating teams. It sets forth the recommended salaries and other monetary benefits to be paid to the sworn members of the South Bend Fire Department in calendar years 2018,2019, 2020 and 2021. This ordinance is believed to be in the best interests of the Fire Department and the best interests of the City of South Bend. f 'and, Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters'Association Local No.362 of the International Association of Firefighters, AFL-CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay,monetary fringe benefits and Said bonus amounts shall be pro-rated in the event that a qualifying sworn member or upper level policy making person moves into the South Bend city limits after the beginning of the calendar year or moves out of the South Bend city limits during a calendar year. Section IV. Specialty Pays. a) EMS Incentives. Monetary incentives shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements and are assigned to perform such special duties which are verified by the department. Unless indicated otherwise, all specialty pays shall be prorated to the date of the regular assignment for such specialty duty or duties and paid accordingly. A qualifying sworn member performing any of the following specialties shall be paid at the highest certification/licensing only. Assignment 2018 2019 2020 2021 Field Training Officer TO 850 850 850 850 Lead Paramedic Incentive 1,000 1,000 1,000 $1,000 Emergency Medical Responder 250 250 250 250 EMT—Basic 350 350 350 350 EMT—Adv. 900 900 900 900 EMT—Paramedic 900 900 900 900 b) Special Operation Team Specialty Pays. The following specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly.The following Special Operation Team Specialty Pays are established: Type of Special Operation Team 2018 2019 2020 2021 Hazardous Materials Team Response Team Member 1,200 1,200 1,200 $1,200 Team Leader 400 400 400 400 Swift Water Rescue Team Scuba Diver 1,200 1,200 1,200 $1,200 Specialist 1,200 1,200 1,200 $1,200 Technician 500 500 500 500 Team Leader 400 400 400 400 Tactical Rescue Team Response Team Member 1,200 1,200 1,200 $1,200 Team Leader 400 400 400 400 Honor Guard Team Leader $400 400 400 400 c) LEP Specialty Pay: A Limited English Proficiency(LEP)Program overseen by the City's Human Resources Director or his/her designee shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: 3 1 Page months of December listed below, and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be as follows: Cumulative Years ofService on SBFD Lon evity Pay 2018 2019 2020 2021 6-10 Years of Service 300 300 300 300 11-15 Years of Service 600 600 600 600 16-20 Years of Service 1,900 1,900 1,900 $1,900 21 + Years of Service 3,400 J$3,400 3,400 $3,400 c) Qualifying sworn members of the South Bend Fire Department holding the rank of Assigned lead on the Ambulance in the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service as an assigned lead. Such longevity pay shall be divided into bi-weekly payments over the year.Longevity pay shall be as follows: Longevity Pay 2018 2019 2020 2021 1-2 Years of Service 550 550 550 550 2-5 Years of Service 1200 1200 1200 1200 5-10 Years of Service 1,800 1,800 1,800 $1,800 10+ Years of Service 2,400 J$2,400 1$2,400 J$2,400 Section VIII. Station Allowance. The South Bend Common Council shall budget a total monetary amount for a line-item station allowance which incorporates realignment so that the concerns of the smaller and older fire stations will be addressed and that minimum needed purchases can be made with proper approval.The amount per station shall be as follows from this line-item: Station Number 2018 2019 2020 2021 1 2,850 2,850 2,850 $2,850 2 1,250 1,250 1,250 $1,250 3 1,250 1,250 1,250 $1,250 4 1,250 1,250 1,250 $1,250 5 850 850 850 850 6 1,250 1,250 1,250 $1,250 7 1,250 1,250 1,250 $1,250 8 850 850 850 850 9 850 850 850 850 10 1,250 1,250 1,250 $1,250 11 1,250 1,250 1,250 $1,250 Needed station purchases shall be approved by a majority vote of the assigned sworn members at each fire station and shall be submitted by each House Captain for review, approval and purchase by the Fire Chief and the City Controller. Such monies may not be carried over from year to year and must be used by December 31 of each calendar year. 5 1 P a g e f) Pay for Other Instructors. Other instructors who are qualified and selected to teach specified on-duty in-house instruction programs forrookie schools,driving,confined spacerescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, shall be paid at the rate of fifteen dollars ($15.00)per hour, upon the approval of the Fire Chief, or his or her designee. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations ofthe State Board ofAccounts. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. g) Pay for Certified SCBA Repair Specialists.Those sworn members ofthe South Bend Fire Department who are qualified,certified and regularly assigned by the Fire Chief,or his or her designee to perform self-contained breathing apparatus(SCBA)repairs,shall be paid atthe rate of fifteen dollars($15.00)per hour up to amaximum ofone thousand dollars($1,000.00)in anyone calendar year. h) Critical Duty Day Stipends.In 2018,2019 2020,and 2021,the Critical Duty Day Stipend shall be set at one-half(1/2)of an eligible sworn member's regular hourly rate plus longevity,but not less than three hundred ($300.00) for the nine (9) Critical Duty Days which are designated each calendar year by the Board of Public Safety. Such stipend may be pro-rated for time actually worked with the eligible sworn member choosing among three(3)options which are further addressed in the governing Collective Bargaining Agreement approved by the Board of Public Safety. i) Deferred Compensation. The City of South Bend agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first one hundred dollars ($100.00) deferred by a sworn member of the Department each calendar year,the City of South bend will match said amount 0.50 on the dollar, and for the next three hundred dollars($300.00)deferred by a sworn member of the Department each calendar year,the City of South Bend will match said amount,dollar for dollar. 0) Life Insurance. The City of South Bend shall continue to provide life insurance coverage on all sworn members and upper level policy making positions of the South Bend Fire Department in an amount equal to the amount of the sworn member's base pay or the upper level policy making position's base pay. k) Health Insurance.Each active sworn member and upper level policy maker of the of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. Fire pensioners who are not members of South Bend Firefighters Association# 362 shall pay an additional. fifty dollars($50.00) per month over and above such rates, subject to the obligations of Local#362 as may be further addressed in an approved Collective Bargaining Agreement between the City of South bend and Local #362 which provides that membership shall not be unreasonably withheld,unless agreed to by a Letter of Understanding approved by the Board of Public Safety. 1) Program Coordinators.Any appointed Program Coordinator shall receive in addition to 7 1 P a g e Presented by me to the Mayor of the City of South Bend, Indiana on the I' h day o 2 ( "` , at o'clock A,, m. ty i 1 rk Approved and signed by me on the day of bz1 2 O 1q , at o'clock-4—.m. Mayor,of South Bend, Indiana i 5r READING tlz5 i l Filed in Clerk's Office PUBLIC HEARING 3rd READING t t)111 n OCT 2 3 2017 NOT APPROVED REFERRED 9126/1 KAREEMAH FOWLER PASSED IDl 31)-I CITY CLERK,SOUTH BEND, IN 9 1 P a g e i 120ON COUNTY-CITY BUILDING 01 PHONE 574/235-7678 227 W.JEFFERSON BLVD. FAX 574/ 235- 9928 SOUTH BEND,INDIANA 46601-1830 PEACE x x 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE Filed in Clerk's Office October 2, 2018 a OCT 0 3 2018 Mr. Tim Scott KAREEMAH FOWLER President, South Bend Common Council CITY CLERK, SOUTH BEND,IN 4th Floor, County-City Building South Bend, IN 46601 Re: 2019 Non-Bargaining Employee and Officer Salary Ordinance SUBSTITUTE BILL 51-18 Dear Council President Scott: Enclosed please find the proposed substitute 2019 Non-Bargaining Employee and Officer Salary Ordinance. The sole change to the original ordinance is the addition of a position for"Chief Code Inspector". This is only an addition of a title, not an additional full-time employee. I will present this bill to the Common Council at the appropriate committee and council meetings on October 8, 2018. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, to Jennifer C. Hockenhull City Controller qp--- SUBSTITUTE BILL NO. 51-18 Spl3 TH 120ON COUNTY-CITY BUILDING 0 p, PHONE 574/235-7678 227 W.JEFFERSON BLVD. 2` FAX 574/ 235-9928 SOUTH BEND,INDIANA 46601-1830 max CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2018 Filed in Clerk's Office SEP 18 2018 Mr. Tim Scott President, South Bend Common Council KAREEMAhi FOWLER 4th CITY CLERK,SOUTH SEND,IN Floor, County-City Building South Bend, IN 46601 Re: 2019 Non-Bargaining Employee and Officer Salary Ordinance Dear President Scott: Enclosed please find the proposed 2019 Non-Bargaining Employee and Officer Salary Ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1 st reading on September 24, 2018,with 2nd reading,public hearing and 3rd reading scheduled for October 8, 2018. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, S*Z0 Jennifer C. Hockenhull City Controller l s od In s Office BILL NO. 51-18 SEP 1 LU18 ORDINANCE NO. KAREEMIAH FOW1 ITY CLERK.SO(i", AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA,FOR THE CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed by the City of South Bend for the calendar year 2019. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid may be less than the maximum amounts set forth herein. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non- bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,salaries are set and paid on a Bi-Weekly basis.Amounts by alphabetical position are set forth,as well as the annual salary for each position. Section II. Holidays,Vacations and Other Monetary and Fringe Benefits Incorporated by Reference a) Holidays. Holidays designated by the Board of Public Works shall govern non- bargaining employees for the calendar year 2018. The provisions of the City's Employee Handbook as it may be amended from time to time shall apply and are incorporated herein by reference. b) Vacations.Vacation for non-bargaining employees shall be as set forth in the City's Employee Handbook as it may be amended from time to time,incorporated herein by reference. c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. d) Parental Leave. Parental leave will be offered to all eligible full-time employees in accordance with the policy adopted by the administration to be effective January 1, 2018. This policy may be amended from time to time and will be incorporated into the City's Employee Handbook. e) Insurance. 1) Comprehensive Major Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program in which, subject to Section III herein,non-bargaining employees regularly scheduled to work 30 hours or more per week may participate under the rules and guidelines of the plan document. All employees are provided access to a copy of a plan document each year. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the City's Employee Handbook, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty 130) per month ($65 bi-weekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollar ($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount 1 x annual salary rounded up to the nearest $1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year,whichever is later. 5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty(3 0)days;and that the long-term disability program requires a minimum ninety(90) day eligibility period which must be met. f) Hiring Bonus.The Mayor,may,at his/her discretion,offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered.This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred($100)to four thousand dollars ($4,000). g) Allowances. 1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred dollars ($500) dollars per month. 2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours.The allowance shall not exceed one-hundred dollars ($100)per month. h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and is subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute,after consultation with the Controller and after appropriation by the Common Council. i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Employee Handbook as it may be amended from time to time. Section III. Employee Definitions a) Full-Time Employee. Full-time employees are those employees who are regularly scheduled to work forty(40)hours per week,or a reduced full-time schedule of thirty 30)hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms, conditions and limitations of each benefit program.However,solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act(the Act)as amended,the definition of full time employee shall be the equivalent of that which is provided in the Act, and this Section shall not be construed to be in conflict with the Act. b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Act,but who do not meet the City's definition of full- time employee under subpart(a)of this Section,and who are scheduled to work less than the City of South Bend's full-time schedule,not to equal or exceed one thousand five hundred sixty (1,560) hours per year. While they do receive certain mandated benefits (such as worker's compensation, social security benefits, and for some, health care under the Act),they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members and the Senior Advisor to the Mayor,are eligible for participation in all of the Employer's Benefit Programs. Section IV. City's Employee Handbook Availability Two(2)copies of the City's Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler,City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend,Indiana on the day of 2018, at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 2018, at o'clock m. Pete Buttigieg, Mayor City of South Bend, Indiana Filed in Clerk's Office m.. SUBSTITUTE BILL NO. 51-18 OCT 0 3 2018 L ORDINANCE NO. KAREEMAH FOWLER C! rRK.SOUTH BEND,IN AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON- BARGAINING EMPLOYEES OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2019 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the maximum amounts to be paid to non-bargaining personnel employed bythe City of South Bend for the calendar year 2019. Salaries will be paid pursuant to the budget approved by the Common Council. The budgeted number to be paid maybe less than the maximum amounts set forth herein. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title. The overall guidelines used in this Ordinance are consistent with the overall negotiating criteria used for all City employees. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I.Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment,which is incorporated herein by reference.The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly, salaries are set and paid on a Bi-Weekly basis.Amounts by alphabetical position are set forth, as well as the annual salary for each position. Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference a) Holidays. Holidays designated by the Board of Public Works shall govern non-bargaining employees for the calendar year 2018. The provisions of the City's Employee Handbook as it may be amended from time to time shall apply and are incorporated herein by reference. b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Employee Handbook as it may be amended from time to time, incorporated herein by reference. c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. d) Parental Leave. Parental leave will be offered to all eligible full-time employees in accordance with the policy adopted by the administration to be effective January 1, 2018. This policy may be amended from time to time and will be incorporated into the City's Employee Handbook. e) Insurance. 1) Comprehensive Major Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program in which, subject to Section III herein, non-bargaining employees regularly scheduled to work 30 hours or more per week may participate under the rules and guidelines of the plan document. All employees are provided access to a copy of a plan document each year. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the City's Employee Handbook, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Maior Medical Insurance Program. The City shall pay one hundred and thirty($130) per month 65 bi-weekly)to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory,and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollar($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount 1 x annual salary rounded up to the nearest$1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. 5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty(30) days; and that the long-term disability program requires a minimum ninety(90)day eligibility period which must be met. f) Hiring Bonus.The Mayor, may,at his/her discretion,offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered.This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred ($100) to four thousand dollars ($4,000). g) Allowances. 1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one($1) to five hundred dollars ($500)dollars per month. 2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one- hundred dollars ($100) per month. h) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one(1)year.Any such bonus or assistance must be approved by the Mayor and Controller and is subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. i) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Employee Handbook as it may be amended from time to time. Section III. Employee Definitions a) Full-Time Employee. Full-time employees are those employees who are regularly scheduled to work forty(40) hours per week, or a reduced full-time schedule of thirty(30) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms, conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended,the definition of full time employee shall be the equivalent of that which is provided in the Act, and this Section shall not be construed to be in conflict with the Act. b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Act, but who do not meet the City's definition of full-time employee under subpart a)of this Section, and who are scheduled to work less than the City of South Bend's full-time schedule, not to equal or exceed one thousand five hundred sixty (1,560) hours per year. While they do receive certain mandated benefits (such as worker's compensation, social security benefits, and for some, health care under the Act),they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members and the Senior Advisor to the Mayor, are eligible for participation in all of the Employer's Benefit Programs. Section IV. City's Employee Handbook Availability Two(2)copies of the City's Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. 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N W.W fnu(n.(n(nN NN.amrnrn Wa cWi- W.bm aNba ta., mb O v r 4 4-. toV4 0 O, VNa'q WgW0:b0+m Omb VV 4 4 N O o 4 a a O b W4N0N (n + itO. f.N N V N b 0 a N N N N N N N N N N NIN N NNN NNN N N N N N N N n b O O O O o00 000 00 000:0.00 N 00 QQ ppp O 0000.00 00 0000 O 00 O O: 000.0000.000 00 dSCT:dC2 dSCT dSC2000000, 0 000000 00 O 0000 O 0 aea°Ra o N N N N N N N N N N++++++++++++++++++N T 3 C n bm Vmtn Obm V mf A W NObm V mtnA W N+ m+ m k gym=m omim'-, oa"mmmmmm'"Ommm''m A" 32°.. g 03d`OF"1D F o+`OFFdFF"F"°`°FFmF'OFCO 3 o 2 b C'.J J m J',m J N,N.J J2 m J J J y.^.J h.J 2.,°j•; h m J T N .2 Pooyo-.mm NO?.m yJ F?.. m='.mmam`°mR 3m g,°•3tDA 3 T'c o'o'' yom23. oo^'o'oo f.o pQ o•`¢0 st a^'m^omoyy m covoJpappop ade m•.m,-•o m$,m-,¢. °O c ¢ '0 m yeaa?pO S. nQ'mm o.m 5.t aw m''"-y in `^y pdm'$m BN ak`stmt•comto3 Fa°`= ooOR ai- mn m3 y3¢a`m-J3am' p` m'$°' m•'Pdyrn 8 wg88^0^' y3JFF sym ZZ' d..pm n 4C0 p, 0 Z O O m N N b R G) m 0 m 3m$8 oQ oo o Sc 3FQOH mo a try S OF' oo`,°3m 3 m m' ^`° 33ntow mo El.-cc e J J 3 m y m m W y°.J<<t.$ 3 0 0 3 ??J m m O J n'E.2-Om H O l7 S y y m z A s m m ao p N ' tm m J N F F Q W C V o U W N N W m d I,lb VOWO y N u OV W a Im 0 N W v m+ N W O N m d N Y O W A m O O O O W v m cd+ W AOO± O N ems° NO O 4yN 4Nj q dC S. mm SpUTH h Filed in Clerk's Office p l a/- aZ x x SEP 19 2018 1865 KAREEMr` H FOWLERCITYOFSOUTHBENOCITY CLERK,SOUTH BEND, IN COMMUNITY INVESTMENT JAMES MUELLER, EXECUTIVE DIRECTOR September 19, 2018 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend,IN 46601 RE: Real Property Tax Abatement Petition for: National Distribution Centers, LLC Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above-referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the construction of a new warehouse and distribution facility, located at the intersection of Dylan Drive and Parkland Drive, South Bend, IN. The report contains the Department's findings relative to the above petition. The total amount of private investment for the new building construction and land purchase is estimated at$14M. The project meets the qualifications for a nine-year real property tax abatement.A representative from a parent company, NFI Industries, will be available to meet with the Committee on Monday, September 24th,2018. Should you or any of the other Council members have any questions concerning the report, or need additional information,please feel free to call me at 235-5838. Sincerely, Velinao Business Development Manager Department of Community Investment DANMLJ. aeunrt.n ivuian iuvi v a.uuv BUSINEss DEVELOPMENT ENGAGEMENT&ECONOMIC EDIPOIVERMENT NEIGHBORHOOD DEVELOPMENT PLANNING&.COM4uNm RESOURCES EXCELLENCE I ACCOUNTABILITY( INNOVATION I INCLUSION EMPOWERMENT 1400S County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov BILL NO. 18-54 Filed in Clerk's Office t City of South Bend 2018 Petition for Incentives v-, . ". 4 i WR t Petition must Include a$250 flung fee payable to the City Clerk's Office or online via the City's website at L24C, 0 tJ.H BFND,IN http://southbendln.gov/government/content/tox-abatement before processing can be complete General Information Project Name Project Number Legal name as registered with Secretary of National Distribution Centers, LLC ("NFI") Business structure Limited Liability Company Company webslte www.nfiindustries.com Proposed Project Information Proposed project address Dylan Drive Parent company name NFI City,State,Zip South Bend, IN 46628 Legal owner NFI Site acreage or acreage required 20.0 acres Is the real estate owned or owned Square feet of facility 232,000 If leased by whom Primary Contact Information Primary company contact name Troy Adams Title Director of Real Estate Address of company contact 1515 Burnt Mill Road Phone (0)856-552-3178 (C)267-872-24 City,State,Zip Cherry Hill, NJ 08003 Email Itrov.adams@nfiindustries.com Senior Official Information Company senior official name same as above Title Address of company contact(If different from Phone City,State,Zip Email Consultant Information/Agent Hired business consultant/agentname JBradley Company/m. Ne Consultant release(y/N) Y Address 112 W. Jefferson Blvd,Suite 30 local economiccdoe/vaelo mN' ntpartners n/a City,State,Zip South Bend, IN 46601 Email Imneal@bradleyco.com Project Overview Brief description of your NFI is a leading international third party logistics provider offeringcompany,project,and why the property Is necessary for services in distribution, transportation, logistics and real estate. NFI economic growth operates more than 40 million square feet of distribution and logistics real estate and employs more than 10,000 people throughout the US and Canada. NFI is entering its 86th year in business as a privately held, family-owned company. The project is precipitated by the strong growth of its client which requires a significant expansion (and its current subleased facility is inadequate). Seeking a new project site of at least 20 acres to construct (using local GC, subs and materials) its own 232,000 sq ft hl lilriinn tha nano h nnci P P(i I r.ati nc in S th anti c well Certified Technology Park appropriate n/a Is the project In a Tax Incremental Financing Yes, River West Development TIF Certify that the Buliding Permit has not been y Number of residential units crested by I o rural d If this Is a petition for personal property tax abatement,has N otheequipmentbeenInstalled Investment Details Public Infrastructure needs(Cff- Has any 504 funding been What is the value of any equipment being purchased In What Is the value of any equipment being slte of project In dollars) received? Indiana for the project? purchased from out of state for the project? To be discussed No TBD - —$1.0 million TBD - —$3.0 million New Proiect Investments Calendar Year 2018 2019 2020 2021 2022 2023 2024 2025 Land Acquisition 1,000,000 Building Lease Payments Building Purchase Costs New Building Construction 2,000,000 $11,000,000 Existing Building Improvements New Machinery&Equipment 4,000,000 Special Tooling/Retooling New Furniture/Fixtures 25,000 New Computer/IT Hardware 25,000 New Software 50,000 On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 3,000,000 $15,100,000 1 01 $01 so!so! $0 0 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Total hourly Cumulative#of net NEW full time Hourly average wage,w/o Total training Total#to be wage w/o permanent jobs created at project benefits or bonuses,of expenditure- trained-not fringe or cumulative net new jobs not cumulative bonuses cumulative 2018 108 S1825 or S4.1M 2019 2020 2021 2022 2023 2024 2025 2026 2025 2028 2029 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative w o w—IFFe—tFe—Inarviclual responsible tor coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy?I Yes Are you an EEO employer? Yes Please list the number of full time and part time minority and/or female employees for each of Please describe your commitment to the last three years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2018 2018 2018 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black 54 Hispanic 5 Asian 1 Indian Female 39 Other Complete below for Real or Personal Property Tax Abatement only. Please sign for all requested incentives. Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Please complete the table below with the appropriate information. If Qualify( Yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related icontractorsL, A. Employ Local Companies(75%) Yes 20 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors Yes 19 19 D, Require Prevailing Wage(Davis Bacon) No 22 E. Require Health Benefits Yes 22 22 F. Require Pension Benefits Yes 18 18 G. Maintain Affirmative Action Plan Yes 20 20 Sub-total Construction Related: 1 1 9 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Pension Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 15 F. Provide Transportation Assistance No 14 G. Provide Employer Assisted Housing program No 9 Sub-total Wage&Benefit Related: 124 162 3 Workforce Related: A. Create New Jobs No 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan Yes 35 35 D. Provide Targeted Hiring Preference No 34 Sub-total Workforce Related: 76 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A, Yeszoo,conservatory,museum,etc) e. Name of Facility Sub-total Municipal Facility: R4 24 Sub-total from Above: Troy Ad 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal lir tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Be unic ode ec.2-76 et sey_,for this petition state the abovg. Submitted By: Date: For Staff Use Only Below This Line What Is the current assessed value? Real Property:l Property: What Is the projected assessed value? Real Property: G Personal Property: What Is the tax key number for this project? O^ OC)„J(^O 57A O What is the six digit NAICS code? 6Y Please attach a Gocgle map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Year One Year Two Year Three Year Four Year Five Please fill out the following Public Benefit Summary Information and add to total from above. Y or N Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs 49 B. Develop Based on Local University Research 35 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: 120 6 Super Size Projects Ipolnt values are cumulative): A. 100%to 199% 25 B. 200%to 299% 6 68 C. 300%to 399% p 65 D. 400%and Over 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading 14 B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 52 Sub-total Infrastructure Related: 131 Total from Applicant Section: 3 539 Total from Staff Section: p 461 Total Public Benefit Points: 1000 Filed in Clerk's Office BILL NO. 18-54 SEP 19 2018 RESOLUTION NO. KAREEMAH FOWLER CITY rR._FRK, 901JTH REND, ?r A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS Lot 5 U S 31 Industrial Park Phase Ii AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE (9) YEAR REAL PROPERTY TAX ABATEMENT FOR National Distribution Centers, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as the intersection of Dylan Drive and Parkland Drive, South Bend, Indiana described as follows: Lots 5 U S 31 Industrial Park Phase Ii 02-03 New Replat Tr 8044 10-9-01 and which has Key Number 025-1009-015209, and be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for real property tax abatement only and is limited to four (4) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted real property tax deduction for a period of nine (9) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. Year 1 - 100% Year 2 - 90% Year 3 - 90% Year 4 - 80% Year 5 - 80% Year 6—70% Year 7—70% Year 8—60% Year 9—60% SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Tim Scott, Council President South Bend Common Council FiClerk's Office P 19 2018 STATEMENT OF BENEFITS 20 PAY 20 REAL ESTATE IMPROVEMENTS iV5AH F(JWLER State Form 51767(R6110-14) SOUTH BEND IN FORM SB•1 f Real Property Prescribed by the Department of Local Government K.__.. PRIVACY NONCE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost Q Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4)of the property and specific salaries paid to individual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) proparty owner is confidential per INSTRUCTIONS: IC 6-1.1-12.1-5.1. 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment orrehabilitation ofreal property for which the person wishes to claim a deduction. 2. The statement of benerits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 3221RE must be filed with the County Auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner ifit was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between March 1 and May 10 of a subsequent year 4. A property owner who files for the deduction must provide the County Auditor and designating body with a Form CF-1/Real Property. The Form CF-1 1Real Property should be attached to the Form 3221RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION INFORMATION Name of taxpayerr ational Distributions Center, LLC (NFI) Address of taxpayer(number and street,city,state,and ZIP code) 1515 Burnt Mill Road, Cherry Hill, NJ 08003 Name of contact person Telephone number E-mail address toy Adams roy.adams@nfiindustries.corr SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of daslgnatlng body Resolution number ity of South Bend Location of property County DLGF taxing district number Description of real property improvements.redevelopment,or rehabilitation(use eddiNonal sheets llnecessary) Estimated start date(month,day,year) ecember 1, 2018 232, 000 sq ft Concrete block/Pre-cast concrete building with 32'clear heights, docks with I Estimated completion date(month,day,year) ctober 31, 2019 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Clries Number additional salaries 4.1 million 108 4.1 million i SECTION 4 ESTINIATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST I ASSESSED VALUE current values 11,000,000 3.500 Plus estimated values of proposed project 117,100,000 Less values of any property being replaced 0 Net estimated values upon completion of project 118,100,000 SECTION r AND .THER BENEFITS PROMISED B Estimated solid waste converted(pounds) 0 Estimated hazardous waste converted(pounds)0 Other benefits Maintain 108 employees with—$5.0 million payroll with full company benefits(healthcare, retirement savings,training, pal CERTIFICATIONSECTION6TAXPAYER I hereby certify ntations in this statement are true. Signature o au ed repre I Date sign (mon ,day,year) Printed name of authorized represents' e IT'Ite j lye C/l[/Z Page 1 of 2 FOR USE OF THE DESIGNA11011 136DY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under iC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed calendar years*(see below). The date this designation expires is B. The type of deduction that is allowed In the designated area Is limited to: 1.Redevelopment or rehabilitation of real estate Improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable Is limited to$ D. Other limitations or conditions(specify) E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (*see below) Year 6 Year 7 Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-177 Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the Information contained In the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to Justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day,year) Printed name of authorized member of designating body Name of designating body Attested by(signature and title ofaffesfe Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SBA/Real Property was approved prior to July 1,2013,the deductions established In IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body Is required to establish an abatement schedule for each deduction allowed. The deduction period may not exceed ten 10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SBA/Real Property was approved prior.to July 1,2013,the abatement schedule approved by the designating body remains In effect.For a Form SBA/Real Property that is approved after June 30,2013,the designating body Is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established In or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's Investment. b) This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter- An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. An abatement schedule may not exceed ten(10)years. c) An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 Filed in Clerk's Office TAX ABATEMENT REPORT SEA' 19 2018 TO: SOUTH BEND COMMON COUNCIL KAREEWA_k F(_UVLER NS ,!RI FROM:ANGELINA BILLO CITY CLERK,SOUTH BE °"°'-° SUBJECT: REAL AND PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: National Distribution Centers, LLC DATE: September 19,2018 On Monday September 17r'', 2018, a petition from National Distribution Centers, LLC was received and subsequently filed with the City Clerk for real property tax abatement consideration for property to be located at the intersection of Dylan Drive and Parkland Drive, South Bend, IN. Pursuant to Chapter 2,Article 6, Section 2-84.2 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. j The Department of Community Investment has reviewed the petition(a copy of which is attached), investigated the area,and makes the following report. PROJECT SUMMARY Construction of the approximately 232,000 sq. ft. new warehouse and logistic s distribution building Building is designed as a concrete block/precast masonry construction, with 32' clear ceiling heights; cross dock design and office space 5,000 sq. ft. 14,000,000 private investment in the building construction and land purchase A parent company, NFI Industries, is a leading international third-party logistics provider offering services in distribution, transportation, logistics and real estate. NFI operates more than 40 million square feet of distribution and logistics real estate and employs more than 10,000 people throughout the US and Canada. The project is precipitated by the strong growth of the company's client base which requires a significant expansion. The current subleased facility on Sample Street in South Bend is inadequate. The company has considered locations in South Bend as well as east central Indiana (I-69 corridor) which would be more centrally located to expand its distribution and fulfillment commitments for product delivery in the upper Midwest IN, OH,MI&IL) an&possibly in KY and MO. Estimated taxes being paid during the nine-year abatement period—$1,138,755 Estimated taxes being abated during the nine-year abatement period—$1,675,590 t E EMPLOYMENT EWPACT Per the petition, currently,there are 108 employees with an—$4.1 million annual payroll. The average hourly wage is $18.25. The company's commitment is to retain all existing jobs. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has not been granted or associated with any previous abatements. 2. The Area Plan Commission has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. The Building Commissioner has reviewed the petition and finds no building permit has been issued. 4. A review of the South Bend Redevelopment designation areas finds that the property is located in the River West Development Area. i S. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (9) nine-year real property tax abatement under section 2-76.4, Add-on Abatement. 1 1 R P E i i i jE 1 71 F i ti 7 i d i i i I o m 0 0 0 0 a N O N Eon coo m°oo°c°n rn n n rm NSoP t+ y. t0 N N N P N c0 N N M M OtD V e 0 TO 0 0 0 0 o N O N N O N W0000nmMOO m of tn o o cn m r n n n th 0 0 m 00 cO6 N N N O(O V N N m M J UjOM N O k LLox`O 0000 a -O m Eon g,loo m 0 0 m O O N N TI '"V OP e, M1,1 Y N V N r r !h M O r h l.i.l c o m 0 0 0 0 o mom m o m r I SS M M M r OPO00thd. 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Noon X NN N NN nhm C P o o n r o 0 0 o 0 0 0 0 0 0 0 0FNmciiPirrnwmnnnnnrrnr cyi y U>N NP W H m N EA C o N d o0 000o m m S S F m H H U W O E't ac a w uiv X10 and m EE Um` a2i yNj N Gl GI N UI N N o z 6. u u z m000 z E E p F m u N m m JU Q C7J U 3 m i uis Cd QU y U) 1 6. uiz n 0 _ QF- L o z g Y a 00 CD 0 0: Clq rn iF o o fn CV o 00 U 3 w o A NO b N a It a Y z C, ca CD U o o Q a 0o O q C F. 0 N o W O orioC5clUUpaOoo C) .-.. N z U C ° o 3 O Z' Ri CJ U 0 M O _ p N O C o rr H Cl) U a c ` o cc ' aU M c cd C L. 1 a v' O a c7 ca i' U W U O 4s°U TH Filed in Clerk's Office PE'ACE SEP 2 6 2018 aREEIVIAH FOWLER 1865=CITY CLERK,SOUTH BEND,IN CITY OF SOUTH BEND COMMUNITY INVESTMENT September 25, 2018 Tim Scott, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Portage Township (Blad Annexation Area) Dear President Scott: I am attaching for filing the above resolution, which is a companion to Bill No. 34-18. That bill proposes to voluntarily annex contiguous territory in Portage Township to the City of South Bend. This resolution provides for the Common Council's adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 61.3-acre annexation area contains one parcel on the west side of Renewable Road, north of Prairie Avenue (SR 23). All public improvements, if any,will be required to be done at the expense of the developer. I request that the attached resolution be placed on the agenda of the October 8, 2018, Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning& Annexation Committee hearing, as the presenter. If you have any questions, please feel free to contact me at 235- 5843. Thank you. Sincerely; Michael P. Divita, AICP Planner EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 14005 County-City Building 1 227 W.Jefferson Bvld.(South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov BILL NO. 18-57 Filed in Clerk's Office SEP 26 2010 BILL NO. 18-57 KAREEMAH FOWLER RESOLUTION NO.CITY CLERK,SOUTH REND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP BLAD ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Portage Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 61.3 acres containing agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., 60.5% contiguous, generally located on the west side of Renewable Road north of Prairie Avenue. It is anticipated that the annexation area will be used for agricultural purposes. WHEREAS,this development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non- capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2)the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana be annexed to the City of South Bend: A Part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the Northwest Corner of the East Half of the Northeast Quarter of Said Section 21; thence South along the West Line of Said East Half of the Northeast Quarter to the North Line of Lot 1, Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the St. Joseph County Recorder's Office; thence North 89° 22' 59"E, 555.45 feet to the Northeast Corner of Said Lot 1; thence North 570 feet more or less along the existing City of South Bend City Limits; thence East 765 feet more or less along Said existing City Limits to the East Line of the Northeast Quarter of Section 21; thence North along Said East Line and the existing City Limits, 1,700 feet more or less; thence West parallel to the North Line of the Northeast Quarter of Said Section 21, 100 feet more or less;thence North 100 feet more or less to the North Line of the Northeast Quarter of Section 21 and the existing City Limits; thence West along Said North Line and the existing City Limits to the place of beginning. Containing 61.3 acres, more or less. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density. Section III. That the Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit"A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with the developer to pay the costs for lateral extensions and any improvements in sewer or water capacity as well as a City-approved drainage system, all in compliance with state and local law; that no additional street lighting will be necessary and any future lighting will be at the developer/owner's expense; that no new roads or streets will be required; Section IV. Site planning should employ Complete Streets principles; and sidewalks should be provided along public streets and be in compliance with the Americans with Disabilities Act (ADA) under the PROWAG standards. Section V. It is required as a condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning requirements, and that the soil types and high water table of this annexation area be considered in any future development plan. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. Tim Scott, Council President South Bend Common Council Exhibit "A" THE CITY OF SOUTH BEND FISCAL PLAN BLAD ANNEXATION AREA Prepared by City of South Bend Department of Community Investment September 10, 2018 Blad Annexation Area 2 TABLE OF CONTENTS SECTIONI.INTRODUCTION...............................................................................3 SECTION II. GENERAL DATA...............................................................................3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings & Land Use F. Zoning & Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership & Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES....................................................................6 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA.......................11 SECTION V. FISCAL IMPACT...............................................................................12 Fiscal Impact: TABLE 1 SECTIONVI. APPROVAL.......................................................................................14 LegalDescription ......................................................................................................15 Map: MAP 1 ....................................................................................................16 i i Blad Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Portage Township, St. Joseph County, Indiana (hereinafter, Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located on the west side of Renewable Road (formerly New Energy Drive) north of Prairie Avenue (SR 23). See Map 1. B. Legal Description The Annexation Area is part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, in Portage Township, St. Joseph County, Indiana. For a complete legal description, see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 4,467.28 feet 60.5% Non-Contiguous 2,921.07 feet 39.5% Total 7,388.35 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 61.3 acres. Blad Annexation Area 4 E. Buildings & Land Use The Annexation Area contains agricultural land. Agricultural uses, along with others permitted in the zoning district, are proposed for the land. F. Zoning&Subdivisions The one property in the Annexation Area is currently zoned "A" Agricultural District in St. Joseph County. With the annexation petition, the petitioner seeks to rezone the land to "GI" General Industrial District in the City. The Annexation Area does not fall within any subdivision of record. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate & Impact The tax rates used are those of 2017 payable 2018. The total tax rate for unincorporated Portage Township is 2.7846 per $100 of taxable real estate. The total tax rate for South Bend Portage Township is 5.985 per $100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected, for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not part of this annexation, and on taxpayers not part of this annexation. Blad Annexation Area 5 I. Parcel Ownership &Assessments Parcel Assessed Identification Address Parcel Owner Value Number Total) 17-1012-031001 None Martin Blad Farms, Inc. 76,900 Total Assessments Land: 76,900 Improvements:0 Total (Gross): 76,900 Total (Net): 76,900 Assessments are based on 2018 payable 2019 St. Joseph County property tax records. J. Municipal Legislative District The Annexation Area will be in the 6th District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The Portage Township Trustee has been notified of this proposed annexation. Blad Annexation Area 6 SECTION III. MUNICIPAL SERVICES A. Public Works Sewer - A 12"-diameter sanitary sewer line runs along the west side of Renewable Road. From that main line, sewer laterals extend to the east border of the Annexation Area. The existing sewers would provide sufficient capacity, unless future users discharge a high volume of liquid waste. The sewer discharges to a lift station on Calvert Street,just east of Renewable Road. The lift station is nearing capacity for the existing flows. The storm sewer is adequate to drain the public right-of-way. Development of the site requires City approval of a drainage plan that meets the City's requirement to store on site all runoff from developed areas. Connection to the City storm sewer is not permitted. Water-The South Bend Water Works currently has a 10" water main on the east side of Renewable Road from Youngs Court to 160 feet north of Mary Court, immediately adjacent to the Annexation Area. This water main would provide sufficient capacity for the Annexation Area. Extensions of, or taps into sanitary sewer and water lines shall be governed by state law and the rules and regulations of the South Bend Water Works and Sewer Utility, The Annexation Area may be subject to system development charges for both water and sewer services. Streets - No new public streets are proposed with this annexation. The portion of Renewable Road adjacent to the Annexation Area is already within City limits. Because of roadway elevations, standard driveway approaches from Renewable Road would have to be made at or north of Youngs Court. Street Lighting -Should any street lighting be necessary, it can be provided on wood poles with overhead wiring through an ongoing contract with Indiana Michigan Power. If the developer wishes to construct and dedicate additional street lighting, especially of a decorative nature or with underground wiring, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. If subdividing the land requires new streets, lighting, sewers, or water mains, the design and construction of those facilities would be the responsibility of the developer and must be completed per current City standards. The area's soils and high water table may not be suitable for all types of development, and they would have to be considered in any plan for development. Blad Annexation Area 7 2017 Actual Budget Report for the Department: Expenditures:15,907,094 Miles of Roadway in City: @502 Cost per Mile: @$31,687 New Mileage within Area: @0.00 miles (0 feet) Estimated Maintenance Cost for Annexation Area per year: @$0 Blad Annexation Area 8 B. Police Department The Annexation Area would be added to the existing Beat 25. Police patrols and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. 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 possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that found in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2017 Actual Budget Report for the Department: Expenditures (including pension cost): 40,727,982 Number of Households in City (2010): @39,760 Cost per Household: @$1,024 Number of Parcels in City (2017):@48,000 Cost per Parcel: @$848 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: 848 (1 parcel x $848/ parcel) Blad Annexation Area 9 C. Fire Department& EMS Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Fire Station #5, located at 2221 Prairie Avenue, approximately 0.8 miles away. Additional Fire Department units would respond from Fire Station #4 at 220 N. Olive Street, which is approximately 2.7 miles away, and from Fire Station #1 at 1222 S. Michigan Street, which is approximately 2.8 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary if any development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medics #4 and #5, which are at Fire Station 4, located at 220 N. Olive Street (approximately 2.7 miles away), and Medic #2, which is at Fire Station #1, 1222 S. Michigan Street (approximately 2.8 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2017 Actual Budget Report for the Department: Expenditures (including pension cost): $36,856,829 Number of Households in City (2010): @39,760 Cost per Household:@$927 Number of Parcels in City (2017): @48,000 Cost per Parcel: @$768 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: 768 (1 parcel x $768/ parcel) Blad Annexation Area 10 D. Code Enforcement The Annexation Area will be added to Area 6. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2017 Actual Budget Report for the Department: Expenditures: 5,971,063 Number of Parcels in City (2017): @48,000 Cost per Parcel: @$124 Proposed Number of Parcels in Area: 1 Cost for Annexation Area per year: 124 (1 parcel x $124/ parcel) E. Environmental Services Wastewater Treatment-Wastewater treatment services are supported by user fees and are paid through the Water Works billing system. Solid Waste - Larger scale commercial or industrial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small commercial customers at the prevailing rate at that time for a 96-gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Venues Parks & Arts. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Blad Annexation Area 11 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add one property containing cropland to the City of South Bend. The petitioner proposes to use the Annexation Area for agricultural and other permitted uses. The Annexation Area is presently zoned "A" Agricultural District in unincorporated St. Joseph County. Industrial uses and agricultural land zoned "GI" General Industrial District in the City are located to the north. To the east are industrial uses and vacant land zoned "LI" Light Industrial District in the City. To the south are a development site zoned "CB" Community Business in the City and self-storage warehouses zoned "C" Commercial District in the County. To the west is agricultural land zoned "A" Agricultural District in the County. The Annexation Area is located just northeast of the Prairie Avenue (SR 23) interchange with the St. Joseph Valley Parkway. With its size and proximity to the St. Joseph Valley Parkway, the land may be attractive for continued agricultural use or for large industrial users. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Blad Annexation Area 12 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City, if any, will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of 2017 payable 2018 tax information, assessments of comparable developments, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Blad Annexation Area 13 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital Non-Capital Notes 5-Year Total Est.) Per Year (Est.) Street Construction 0 0 Connection at Sewer Extension 0 petitioner's 0 expense Connection at Water Extension 0 petitioner's 0 expense Street Lights 0 0 Street Maintenance 0 0 0 Police 0 848 4,240 Fire 0 768 3,840 Code 0 124 620 Approximate 5-Year Expenditures 8,700 Revenues Notes Tota I (Est.)5-Year Tota I Year 1 1,141 Year 2 1,141 Property Taxes Year 3 1,141 5,705 to City) Year 4 1,141 Year 5 1,141 Estimated at revenue MVH/LRSA 0 0 per mile of$23,763 Approximate 5-Year Revenues 5,705 Revenue estimate based on $76,900 net assessment and capped tax rate of 2% of$76,900 gross assessment in all years. Blad Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2018. Blad Annexation Area 15 LEGAL DESCRIPTION A Part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the Northwest Corner of the East Half of the Northeast Quarter of Said Section 21; thence South alongthe West Line of Said East Half of the Northeast Quarter to the North Line of Lot 1, Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the St. Joseph County Recorder's Office; thence North 89° 22' 59" E, 555.45 feet to the Northeast Corner of Said Lot 1; thence North 570 feet more or less along the existing City of South Bend City Limits; thence East 765 feet more or less along Said existing City Limits to the East Line of the Northeast Quarter of Section 21; thence North along Said East Line and the existing City Limits, 1,700 feet more or less; thence West parallel to the North Line of the Northeast Quarter of Said Section 21, 100 feet more or less; thence North 100 feet more or less to the North Line of the Northeast Quarter of Section 21 and the existing City Limits; thence West along Said North Line and the existing City Limits to the place of beginning. Containing 61.3 acres, more or less. Blad Annexation Area 16 MAP 1 Blad Annexation Area Sf OV oaa h L ose @- eflod// ey Aft e NORTH o zso soo 1,000 QCity of South Bend=Blad Annexation Area Fe et Pr epared by City of South Bend Depart ment of Community Investment August 10,2018 Filed in Clerk's Office SEP 2 6 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN Filed in Clerk's Office d SEP 2 6 2018 EACE a MREEfVAH FOWLER x x CITY CLERK,SOUTH REND, IN 1865 CITY OF SOUTH BEND COMMUNITY INVESTMENT September 25, 2018 Tim Scott, President South Bend Common Council 4th Floor, County-City Building RE: A Resolution of the Common Council of the City of South Bend, Indiana, Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Portage Township (Ceres Annexation Area) Dear President Scott: I am attaching for filing the above resolution, which is a companion to Bill No. 35-18. That bill proposes to voluntarily annex contiguous territory in Portage Township to the City of South Bend. This resolution provides for the Common Council's adoption of the written plan and policy concerning the provision of services, both capital and non-capital, to the territory to be annexed. This 254.6-acre annexation area contains three parcels at the west end of Calvert Street, west of Renewable Road. All public improvements, if any, will be required to be done at the expense of the developer. I request that the attached resolution be placed on the agenda of the October 8, 2018, Common Council meeting at which the companion Bill is given Second Reading. I will be attending the meeting, as well as the Zoning & Annexation Committee hearing, as the presenter. If you have any questions,please feel free to contact me at 235- 5843. Thank you. Sincerely, Michael P. Divita, AICP Planner EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 14005 County-City Building 1 227 W.Jefferson Bvld.I South Bend,Indiana 466011 p 574.235.93711 www.southbendin.gov BILL NO. 18-58 FTSEPin Clerk's Office 2 6 2010 BILL NO. 18-58 RESOLUTION NO. KAREEMAH FOWLER CM CLERK,SOUTH BEND,IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN PORTAGE TOWNSHIP CERES ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Portage Township, St. Joseph County, Indiana, which is more particularly described at Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 254.6 acres containing agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., 27.6% contiguous, generally located at the west end of Calvert Street, west of Renewable Road. It is anticipated that the annexation area will be used for agricultural purposes; and WHEREAS,this development will require a basic level of municipal public services of a non-capital improvement nature, including police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, sidewalks, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the South Bend Common Council now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non- capital nature, including police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography,patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana be annexed to the City of South Bend: Part of the Southwest Quarter of Section 16 and the North Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16; thence East along the North Line of the South Half of the Southwest Quarter of Said Section,to the West Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company(New York Central Lines), being the Point of Beginning;thence continuing East along the North Line of the South Half of the Southwest Quarter of Section 16, 2,140 feet more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line;thence South 1,318 feet more or less along Said North/South Centerline and the South Bend City Limit line to the South Line of Section 16,being also the South Bend City Limit line; thence East along the North Line of the Northeast Quarter of Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21; thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision,recorded January 27, 1999 as instrument number 9903194 in the office of the St. Joseph County Recorder; thence West along Said North Line of Lot 1 to the Northerly Right-of-Way Line of US 31; thence Southeasterly along Said Right-of-Way to the East/West Centerline of Section 21; thence West along Said East/West Centerline to the Southerly Right-of-Way of Said US 31; thence Northwesterly along Said Right- of-Way to the West Line of Said Section 21;thence North along Said West Line to the North Line of Said Section 21 and the South Line of Section 16;thence continuing North along the West Line of Section 16 to the Northwest Right-of- Way Line of the Indiana, Illinois and Iowa Railroad Company; thence Northeast along Said Railroad Right-of-Way to the place of beginning. Containing 254.62 acres,more or less, including railroad and US 31 Rights-of-Way. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non-capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Common Council shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit"A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with the developer to pay the costs for lateral extensions and any improvements in sewer or water capacity as well as a City-approved drainage system, all in compliance with state and local law; that no additional street lighting will be necessary and any future lighting will be at the developer/owner's expense; that no new roads or streets will be required; Section IV. Site planning should employ Complete Streets principles; and sidewalks should be provided along public streets and be in compliance with the Americans with Disabilities Act (ADA) under the PROWAG standards. Section V. It is required as a condition of annexation that any future alterations to the property meet the City of South Bend's building and zoning requirements, and that the soil types and high water table of this annexation area be considered in any future development plan. Section VI. This Resolution shall be effective from and of the date of adoption by the Common Council. Tim Scott, Council President South Bend Common Council Exhibit "A" THE CITY OF SOUTH BEND FISCAL PLAN CERES ANNEXATION AREA Prepared by City of South Bend Department of Community Investment September 10, 2018 Ceres Annexation Area 2 TABLE OF CONTENTS SECTION I.INTRODUCTION...............................................................................3 SECTION II. GENERAL DATA...............................................................................3 A. Location B. Legal Description C. Contiguity D. Size of Annexation Area E. Buildings & Land Use F. Zoning & Subdivisions G. Population H. Tax Rate & Impact I. Parcel Ownership & Assessments J. Municipal Legislative District K. Hiring Plan SECTION III. MUNICIPAL SERVICES....................................................................6 A. Public Works B. Police Department C. Fire Department & EMS D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA.......................11 SECTION V. FISCAL IMPACT...............................................................................12 Fiscal Impact: TABLE 1 SECTION VI. APPROVAL.......................................................................................14 LegalDescription ......................................................................................................15 Map: MAP 1 ....................................................................................................16 Ceres Annexation Area 3 SECTION I. INTRODUCTION This Fiscal Plan represents the City of South Bend's (hereinafter, "City") policy for the annexation of property in Portage Township, St. Joseph County, Indiana (hereinafter, Annexation Area"), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community Investment Department of Administration & Finance SECTION II. GENERAL DATA A. Location The Annexation Area is located near the west end of Calvert Street, west of Renewable Road formerly New Energy Drive) and is northwest of the St. Joseph Valley Parkway (US 31) - Prairie Avenue (SR 23) interchange. See Map 1. B. Legal Description The Annexation Area is part of the Southwest Quarter of Section 16 and the North Half of Section 21, Township 37 North, Range 2 East, in Portage Township, St. Joseph County, Indiana. For a complete legal description, see Page 15. C. Contiguity The Annexation Area is at least 1/8 (12.5%) contiguous to the current City limits: Contiguous 3,998 feet 27.6% Non-Contiguous 10.475 feet 72.4% Total 14,473 feet 100.0% D. Size of Annexation Area The Annexation Area is approximately 254.6 acres. Ceres Annexation Area 4 E. Buildings & Land Use The Annexation Area contains agricultural land. Agricultural uses, along with others permitted in the zoning district, are proposed for the land. F. Zoning&Subdivisions The three properties in the Annexation Area are currently zoned "A" Agricultural District in St. Joseph County. With the annexation petition, the petitioner seeks to rezone the land to "GI" General Industrial District in the City. The Annexation Area does not fall within any subdivision of record. G. Population No people currently reside in the Annexation Area. After development, no residents are proposed to live in the Annexation Area. H. Tax Rate & Impact The tax rates used are those of 2017 payable 2018. The total tax rate for unincorporated Portage Township is 2.7846 per$100 of taxable real estate. The total tax rate for South Bend Portage Township is 5.985 per $100 of taxable real estate. Per State law, the tax caps expressed as a percentage of the gross assessed value for different classifications of property are as follows, regardless of the property's location being within South Bend or unincorporated St. Joseph County: Property Type Cap Homestead Residential 1.0% Non-Homestead Residential 2.0% Agricultural 2.0% Other (Commercial) 3.0% For at least the four years after the effective date of the annexation, the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments are estimated to be approximately the same as those in effect at the time of annexation for each of the political subdivisions to which the proposed annexation applies. Because of the relatively small size of the Annexation Area and its assessed value relative to the total size and tax base of the various political subdivisions, this annexation is expected, for at least four years after the effective date of this annexation, to have a negligible impact on the finances and tax revenues of South Bend and other political subdivisions to which the proposed annexation applies, on the political subdivisions in St. Joseph County not part of this annexation, and on taxpayers not part of this annexation. Ceres Annexation Area 5 I. Parcel Ownership &Assessments Parcel Assessed Identification Address Parcel Owner Value Number Total) 17-1007-0223 None Ceres Farms LLC 117,300 17-1012-0307 None Ceres Farms LLC 242,400 17-1012-030901 None Ceres Farms LLC 91,500 Total Assessments Land: 451,200 Improvements:0 Total (Gross): 451,200 Total (Net): 451,200 Assessments are based on 2018 payable 2019 St. Joseph County property tax records. The Annexation Area includes only portions of parcels 17-1007-0223 and 17-1012-0307. The estimated assessed value of the portions proposed for annexation are $113,800 and 150,000, respectively. J. Municipal Legislative District The Annexation Area will be in the 6th District. K. Hiring Plan This annexation is not anticipated to result in the elimination of jobs for employees of any other governmental entities. The Portage Township Trustee has been notified of this proposed annexation. Ceres Annexation Area 6 SECTION III. MUNICIPAL SERVICES A.Public Works Sewer - A 24"-diameter sanitary sewer runs along the south side of Calvert Street. Six-inch laterals project from each manhole. The sewers would provide sufficient capacity, unless future users discharge a high volume of liquid waste. The sewer discharges to a lift station on Calvert Street,just east of Renewable Road. The lift station is nearing capacity for the existing flows. Development of the site requires City approval of a drainage plan that meets the City's requirement to store on site all runoff from developed areas. Connection to the City storm sewer is not permitted. Water-The South Bend Water Works currently has a 10" water main on the south side of Calvert Street that ends about 700 feet east of the Annexation Area. This water main would provide sufficient capacity for the Annexation Area. Another 10" water main that could provide service to the area is located along Renewable Road. Extensions of, or taps into sanitary sewer and water lines shall be governed by state law and the rules and regulations of the South Bend Water Works and Sewer Utility. The Annexation Area may be subject to system development charges for both water and sewer services. Streets - No new public streets are proposed with this annexation. Calvert Street runs along part of the north boundary of the Annexation Area. The annexation would add a portion of the St. Joseph Valley Parkway(US 20/31 Bypass) to the city limits, but that highway will continue to be maintained by the Indiana Department of Transportation following annexation. Should the land ever be subdivided, at least one other access should be provided as an alternate to Calvert Street. Any new street crossings of the area's regulated ditches would be subject to the approval of the St. Joseph County Drainage Board. Street Lighting -Should any street lighting be necessary, it can be provided on wood poles with overhead wiring through an ongoing contract with Indiana Michigan Power. If the developer wishes to construct and dedicate additional street lighting, especially of a decorative nature or with underground wiring, the City may accept it for maintenance and operation, supported by property tax revenue. Waivers of Annexation - No waivers of right to remonstrate against annexation are in effect for this area. If subdividing the land requires new streets, lighting, sewers, and water mains, the design and construction of those facilities would be the responsibility of the developer and must be completed per current City standards. The area's soils and high water table may not be suitable for all types of development, and they would have to be considered in any plan for development. Ceres Annexation Area 7 i 2017 Actual Budget Report for the Department: Expenditures: 15,907,094 Miles of Roadway in City: @502 Cost per Mile: @$31,687 New Mileage within Area: @0.00 miles (0 feet) Estimated Maintenance Cost for Annexation Area per year: @$0 Ceres Annexation Area 8 B. Police Department The Annexation Area would be added to the existing Beat 25. Police patrols and emergency responses will be part of the services the City will offer to this area. This proposed annexation would require officers to cover a relatively small additional area on this beat. At this time, it is not expected that this annexation would cause calls for service to increase significantly, and it is not anticipated that it will be necessary to increase police patrols beyond the existing beat patrol. The addition of this Annexation Area will not significantly increase response time. The cost for servicing the proposed area is not expected to impact the existing budget of the Police Department with any significance. The patrol costs would be assumed by the Police Department budget. 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 possible shifting of existing resources, such as a beat restructure. Police services and response time in this area can be expected to be comparable with that found in all other areas of the City. Police coverage to this area could begin immediately upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2017 Actual Budget Report for the Department: Expenditures (including pension cost): 40,727,982 Number of Households in City (2010): @39,760 Cost per Household: @$1,024 Number of Parcels in City (2017):@48,000 Cost per Parcel: @$848 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area: 3 Cost for Annexation Area per year: 2,544 (3 parcels x $848/ parcel) Ceres Annexation Area 9 C. Fire Department& EMS Fire Response - The South Bend Fire Department provides a fully staffed, full-time fire department. The Annexation Area will be serviced primarily by Fire Station #5, located at 2221 Prairie Avenue, approximately 1.8 miles away. Additional Fire Department units would respond from Fire Station #4 at 220 N. Olive Street, which is approximately 2.9 miles away, and from Fire Station #1 at 1222 S. Michigan Street, which is approximately 3.3 miles away. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Fire coverage to this area could begin immediately upon annexation. Adequate water supply will be necessary if any development takes place. Emergency Medical Response - The City will provide emergency medical response to the Annexation Area. This area will be serviced by Medics #4 and #5, which are at Fire Station 4, located at 220 N. Olive Street (approximately 2.9 miles away), and Medic #2, which is at Fire Station #1, 1222 S. Michigan Street (approximately 3.3 miles away). Response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. Emergency medical services are supported by user fees and would be available upon annexation. Note: The cost of service for this Annexation Area is based on the number of parcels. Household information is provided for comparative purposes. 2017 Actual Budget Report for the Department: Expenditures (including pension cost): $36,856,829 Number of Households in City (2010): @39,760 Cost per Household:@$927 Number of Parcels in City (2017): @48,000 Cost per Parcel: @$768 Proposed Number of Households in Area: 0 Proposed Number of Parcels in Area:3 Cost for Annexation Area per year: 2.304 (3 parcels x $768/ parcel) Ceres Annexation Area 10 D. Code Enforcement The Annexation Area will be added to Area 6. The Department of Code Enforcement will be able to provide services to the Annexation Area with comparable response times. The Department will respond to calls for service upon the effective date of the annexation. Full and dedicated response will be in place within one year of the effective date of the annexation. 2017 Actual Budget Report for the Department: Expenditures: 5,971,063 Number of Parcels in City (2017): @48,000 Cost per Parcel: @$124 Proposed Number of Parcels in Area:3 Cost for Annexation Area per year: 372 (3 parcels x $124/ parcel) E.Environmental Services Wastewater Treatment-Wastewater treatment services are supported by user fees and are paid through the Water Works billing system. Solid Waste - Larger scale commercial or industrial customers are generally not served by the Bureau of Solid Waste. However, the Bureau of Solid Waste can provide service to small commercial customers at the prevailing rate at that time for a 96-gallon container with service beginning on the effective date of the annexation. F. Administrative Services The City of South Bend provides a wide range of services other than those noted above, such as the Mayor's Office, the Legal Department, and Venues Parks &Arts. These services are available upon the effective date of the annexation. Full and dedicated response for non-capital services will be in place within one year of the effective date of the annexation. Costs for these services have not been calculated. The incorporation of the Annexation Area will not affect the provision of other services currently provided to this property on a countywide basis. The St. Joseph County Health Department, the St. Joseph County Public Library, the Area Plan Commission, and the St. Joseph County/South Bend Building Department are among the countywide agencies that will continue to provide the same type and level of services to the Annexation Area. Countywide services will continue to be supported by the County and Township taxes that will remain in effect. Ceres Annexation Area 11 SECTION IV. LAND USE ANALYSIS & DEVELOPMENT CRITERIA This proposed annexation will add three properties containing cropland to the City of South Bend. The petitioner proposes to use the Annexation Area for agricultural and other permitted uses. The Annexation Area is presently zoned "A" Agricultural District in unincorporated St. Joseph County. Industrial uses and agricultural land zoned "GI" General Industrial District in the City and "A"Agricultural District in the County are located to the north. To the east is agricultural land zoned "GI" General Industrial District in the City and "A" Agricultural District in the County. To the south is a property zoned "C" Commercial District in the County and, on the other side of the St. Joseph Valley Parkway, agricultural parcels zoned "A" Agricultural District in the County. To the west is agricultural land zoned "A" Agricultural District in the County. The Annexation Area is located just northwest of the Prairie Avenue (SR 23) interchange with the St. Joseph Valley Parkway. With its size and proximity to the St. Joseph Valley Parkway, the land may be attractive for continued agricultural use or for large industrial users. Any improvements or future changes must meet the City's applicable building, zoning, and subdivision ordinances. Ceres Annexation Area 12 SECTION V. FISCAL IMPACT 1) Essential city services can be made available to the residents (and territory) of the Annexation Area in a timely and comparable fashion per the requirements of State law and this fiscal plan. 2) The City is financially able to support city services to the territory sought to be annexed. 3) Required improvements made by the petitioner and/or owner of the parcel(s) must be made in accordance with the standards of the City of South Bend. 4) Required improvements made by the City, if any, will be completed within the time frames provided by State law and this fiscal plan. 5) All figures are estimates. Final cost of capital expenditures, if any, will not be determined until bids are publicly solicited, contracts are awarded, and projects are closed out. 6) Property tax revenue and land assessment estimates are based on a combination of 2017 payable 2018 tax information, assessments of comparable developments, estimates of units built, estimates of unit values and land assessments, and tax abatements or adjustments, if any. Tax rates are subject to change every year, and property tax revenues may be subject to tax caps. 7) Department expenditures and revenues are derived from the City of South Bend Budget. 8) The estimated costs to provide services, noted in Section III, Municipal Services, is a City- wide average based on a particular budget year. In the case of the proposed development in the Annexation Area, some of these services may not be required or possibly requested for many years. Hence, the cost of providing services over the first five years should be evaluated with this in mind. Ceres Annexation Area 13 TABLE 1 Summary Table - Estimated Fiscal Impact Expenditures Capital Non-Capital Notes 5-Year Total Est.) Per Year (Est.) Street Construction 0 0 Connection at Sewer Extension 0 petitioner's 0 expense Connection at Water Extension 0 petitioner's 0 expense Street Lights 0 0 Street Maintenance 0 0 0 Police 0 2,544 12,720 Fire 0 2,304 11,520 Code 0 372 1,860 Approximate 5-Year Expenditures 26,100 Revenues Notes Total (Est.)5-Year Total Year 1 5,272 Year 2 5,272 Property Taxes Year 3 5,272 26,360 to City) Year 4 5,272 Year 5 5,272 Estimated at revenue MVH/LRSA per mile of$23,763 0 0 Approximate 5-Year Revenues 26,360 Revenue estimate based on $355,300 net assessment and capped tax rate of 2% of 355,300 gross assessment in all years. Ceres Annexation Area 14 SECTION VI. APPROVAL Approved by the City of South Bend Common Council this day of 2018. I Ceres Annexation Area 15 LEGAL DESCRIPTION Part of the Southwest Quarter of Section 16 and the North Half of Section 21, Township 37 North, Range 2 East, Portage Township, St. Joseph County, Indiana, being more particularly described as follows: Commencing at the Northwest Corner of the South Half of the Southwest Quarter of Said Section 16; thence East along the North Line of the South Half of the Southwest Quarter of Said Section, to the West Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company New York Central Lines), being the Point of Beginning; thence continuing East along the North Line of the South Half of the Southwest Quarter of Section 16, 2,140 feet more or less to the North/South Centerline of Section 16 and the existing South Bend City Limit line; thence South 1,318 feet more or less along Said North/South Centerline and the South Bend City Limit line to the South Line of Section 16, being also the South Bend City Limit line; thence East along the North Line of the Northeast Quarter of Section 21, 1,320 feet more or less to the Northeast Corner of the West Half of the Northeast Quarter of Section 21; thence South along the East Line of the West Half of the Northeast Quarter of Section 21, 2,366 feet more or less to the North Line of Lot 1 of the Great Lakes Minor Subdivision, recorded January 27, 1999 as instrument number 9903194 in the office of the St. Joseph County Recorder; thence West along Said North Line of Lot 1 to the Northerly Right-of-Way Line of US 31;thence Southeasterly along Said Right-of-Way to the East/West Centerline of Section 21; thence West along Said East/West Centerline to the Southerly Right-of-Way of Said US 31; thence Northwesterly along Said Right-of-Way to the West Line of Said Section 21; thence North along Said West Line to the North Line of Said Section 21 and the South Line of Section 16; thence continuing North along the West Line of Section 16 to the Northwest Right-of-Way Line of the Indiana, Illinois and Iowa Railroad Company; thence Northeast along Said Railroad Right-of- Way to the place of beginning. Containing 254.62 acres, more or less, including railroad and US 31 Rights-of-Way. Ceres Annexation Area 16 MAP 1 Ceres Annexation Area 17 f Bel vill s r r i` I m CL m NORTH oa 0 250500 1,000 1,500 City of South Bend -Ceres Annexation Area Fe et Prepared by City of South Bend Department of Community Investment August 10,2018 Filed in Clerk's Office SEP 2 6 2018 KAREEMAH FOWLER CITY CLERK,SOUTH BEND, IN O sO T8- O 1316 COUNTY-CITY BUILDING IU C PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD W PEACE FAX 574/235-9171 SOUTH BEND.INDIANA 46601-1830 1865 CITY OF SOUTH BEND PETE BUTTIGIEG,MAY BOARD OF PUBLIC WORKS Filed in Clergy's Office April 24, 2018 OCT 0 12016 ! Joseph Weatherly KAREEMAH FOWLER 420 W. Madison Street CITY CLERK, SOUTH BEND, IN South Bend, IN 46601 RE: Alley Vacation — Ally from West or South Right-of-Way of Madison St. to Northwest/Southeast Alley between North Taylor St and North William St. (Preliminary Review) Dear Mr. Weatherly: The Board of Public Works, at its April 24, 2018, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Community Investment Department, Fire Department and the Solid Waste Division. The vacation request was found to meet the criteria of IC 36-7-3-13 regarding alley vacations. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley. Please contact Donna Hanson at (574) 235-9254 prior to picking up your radius map. You will need a radius map showing properties within 150' of the proposed vacation for your petition to the Common Council. Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, Lin a . Martin, Clerk c:Federico Rodriguez, Fire Department Donna Hanson,Engineering Bianca Tirado, City Clerk's Office GARY A.GILOT SUZANNA M.FRITZBERG ELIZABETH A.MARADIK JAMES A.MUELLER THERESE J.DoRAU BILL NO. 54-18 Filed in Cleric's Office BILL NO. 54-18 OCT 02 2018 ORDINANCE NO. KAREEMiAf1 FUVS/LER CITY CLERK,SOUTH SEND, IN AN ORDINANCE TO VACATE THE FOLLOWING DESC -IREIIPI tTPETtTY:°"'! " ALLEY 14' IN WIDTH RUNNING 132' FROM W OR S RIGHT OF WAY OF W. MADISON STREET TO NW/SE ALLEY RUNNING BETWEEN N TAYLOR AND N. WILLIAMS STREETS. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12,the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: Alley 14' in width running 132' from W or S right of way of W. Madison Street to NW/SE alley running between N Taylor and N. Williams Streets. hereby determines that it is desirable to vacate said property. SECTION 11. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana,to construct and maintain any facilities, including, but not limited to,the following: electric, telephone, gas, water, sewer, surface water control structures and ditches,within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: only two abutting properties in which I own are: 018-1019-0807, 018-1019-0800 other properties within the 150' radius are 018-1020-0824, 018- 1019-0799, 018-1019-0798, 018- 1019-0812, 018-1019-0797, 018-1019-0829, 018-1019-0806, 018-1019-0808, 018-1019-0802, 018- 1019-0803, 018-1019-0814, 018-1019-0804, 018-1019-0805, 018-1019-081302, 018-1019-0809, 018-1020-082901, 018-1019- 0811, 018-1020-082401, 018-1020-0825, 018- 1020-0826, 018-1020- 0827, 018-1019-0810, 018-1019-081303, 018-1019-079702 Section IV. The purpose of the vacation of the real property is to have a larger yard. To have the rights of the alley property that divides my ownership of 418 W. Madison St and 420 W. Madison St. And to use the alley as a possible drive way to a future garage I'm hoping for. SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Tim Scott, Council President South Bend Common Council Attest: Kareemah N. Fowler, City Clerk Office of the City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2 at o'clock m. Kareemah N. Fowler, City Clerk Office of the City Clerk Approved and signed by me on the day of 20 at o'clock m. Peter Buttigieg, Mayor City of South Bend, Indiana i UT U f d W PEACE a 1=ile i (;9 r1;'S OliicQ y r a F_.._._ ._....,.._.._.....__ A 1$65 x OCT a 12016 SOUTH BEND COMMON COUNCIL KAREEMAH FOWLER CITY CLERK,SOUTH BEND,IN PETITION TO VACATE PUBLIC RIGHTS-OF-WAY STREETS/ALLEY) DATE: To the Common Council of the City of South Bend,Indiana.I(we),the undersigned property owner(s), petition you to vacate: 1. THE ALLEY DESCRIBED AS: flley' ly ,`n w;J 4 f nn;n ' .3 ,z , f'rovyl V1/ ors' r•;9 1' n L,iay of V,/, AcJ:tonSfreef +v NWISE alley ry:ini u &e4Xen V, 'T m y t o r o,r d N. v //;a,t l' S f r2 e S. 2. THE STREET DESCRIBED AS: Abutting Property Owner(s)Signatures: Name(print): Signature Address Lot Number I/za H/.mAj"So^X TJo.5Cp C We'A4e/' y' w"l(- 50114 Be,J7N5'66o1 018-1019-0807 1. 8, Myv'to"S T joselA C 1'egkker1y 3enJ:TNYa01 0I9-101 y -OYC)U b r 2. A ISee / 7 cG z ot-de.,- , b PrvyreSf 3. 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBend[N.gov JENNIFER M.COFFMAN BLANCA L.TIRADO JOSEPH R.MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS Filed in Clerk's Office I D 12018LT MAH:F LE R CITY IN ) IN THE ST.JOSEPH CIRCUIT COURT SS: COUNTY OF ST.JOSEPH ) CAUSE NO. 71 C01-1307-TP-000362 IN RE:THE 2018 ST.JOSEPH COUNTY )FILED TREASURER'S TAX SALE September 4, 2018 JOSEPH C.WEATHERLY, ST. JOSEPH CIRCUIT& SUPERIOR COURT JB Petitioner. TAX SALE CERTIFICATE NO.711700629 ) ORDER DIRECTING THE AUDITOR OF ST.JOSEPH COUNTY,INDIANA TO ISSUE TAX DEED Comes now the Court on the Verified Petition filed by Petitioner,Joseph C.Weatherly,pro se,for an Order directing the Auditor of St.Joseph County,Indiana to issue a tax deed to the following described real estate: to-wit: Situate in St.Joseph County,Indiana: W 1-2 Lot 18Henricks&Grants Known Commonly as:418 Madison Street,South Bend,Indiana 46601 Tax ID Number:018-1019-0800 and Petitioner,having tendered Proof of Notice to all interested parties and no person appearing in person or by counsel in opposition and no written objection to said Petition having been filed,and said Petition being in good and proper order,upon its review the Court now finds as follows: 1. That the time of redemption has expired; 2. That the real property has not been redeemed from the sale; 3. That all taxes and special assessments,penalties and costs have been paid; 4. That all notices required as a matter of law have been given; 5. That the Petitioner has complied with all of the provisions of law entitling him to a deed; IT IS THEREFORE,ORDERED,ADJUDGED AND DECREED that the Auditor of St.Joseph County,Indiana shall issue a tax deed to Joseph C.Weatherly conveying the above described real estate. IT IS FURTHER ORDERED that the Petitioner shall file this Order Directing Auditor to Issue Tax Deed with the St.Joseph County Auditor's Office within thirty(30)days,together with the necessary Sales Disclosure Form;payment of the Tax Deed recording/transfer fees;and payment of any and all subsequent real estate property taxes. Petitioner's failure to comply with any of the foregoing shall make this Order null and void. SO ORDERED. EP H co , Signed the date flemarked hereon. SEAL Judge,St.Joseph Circuit Co DlAtd i 08-102 018-1020-0816 018-1 018-1020-082301 018-1024-0815 0.8.8w !018- -082#1_s_020 0830 1.0875 ME 018 1020-0825 J1F=1020-OS• d18-1020-0828 018-1019-08:30 118-102 0829 018-i0 -081303 Oi -1020-082901 J18-1019-0 30 018-1019-0811 ar O1F 101.9- 0 01 101 - 1 -1019 OS00 018-101.9-07 018-1019-0814 OV18 02i019-0797 01 -101.9-081 2 t 01F=1019-(!810 018-101• -0798 018-101.9-0790 0]8-101.9-08' 8 018=1019 Ol's-101.9-OFJ6 O1F=1019-0;05 018-1019-0791 d C 018-1 01s-1019-0804 018-1019-079220018-10 )803 v I j'01,S-1019 G 8 o e //018-1019-0796 018-1` -019-0795 0938 1019-077,5 1` -'. a019_n77 1 do 018 1019 0793 y,..•,t City of South Bend Ilk Q Dept. of Public Works Alley Vacation 150' Radius Map 227 W Jefferson Blvd. #1316 Joseph C. Weatherly South Bend, 66014IN Phone: (574) N 46601 Alley 14' in width running 132' from W or S right of way of W. 0 150' Buffer Madison Street to NW/SE alley running between N. Taylor Address List attached and N. William Streets. 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Jl�FFERS0N BOULEVARD SOUTTT BEND, INDTANA 46601-1830 Pl-TONE 574/235-9241 FAX 574/235-7670 TTY 574/235-5567 CITY or,· SOUTH Bl•'.ND Plffli BUTTJCJl'.G, MAYOR STEPHANIE STEELE CORPORJ\l'JON COUNSEL Mr. Tim Scott President South Bend Common Council Fourth Floor, County City Building South Bend, IN 46601 DEPARTMENT OF LAW October 3, 2018 l'u,1\DEAN M. DEROSE CITY ATl'ORNEY Filed in Clerk's Office OCT O 3 2018 KAREEMAH FOWLER ClTf CLERK, SOUTH BEND, INRe: An Ordinance To Amend the South Bend Municipal Code By Adding a New Article 14 to Chapter 14 Addressing Special Events in the Public Right of Way Dear Council President Scott: The attached bill for filing with the Common Council is the result of considerable thought and discussion concerning how best to achieve cost equity and greater efficiency for large events held in the public right of way. It reflects ideas of both the Common Council and City administration. Similar legislation from other municipalities within and outside Indiana was reviewed and considered. This ordinance has also been reviewed by Council's attorney Robert Palmer who made many helpful suggestions. Credit, too, must also be given to the Council's former attorney, Kathleen Cekanski Farrand, who reviewed numerous ordinances from other communities nationwide, and who developed the essential structure of this ordinance. Special events such as festivals, runs, parades, and street parties generate public enthusiasm and promote the City's cultural and economic prosperity. Simultaneously, they generate substantial cost in personnel, materials and other City resources. The attached bill allocates the cost of these events in a more equitable manner than previously by creating a three tier system for apportioning costs, and further, by clas ifying event applicants as non-profit and profit to determine how much direct COS( a specific applicant should assume and pay. Tier III is an event expected to attract regional crowds; Tier II is an event expected ro attract city-\vide crowds; and Tier I is an event limited to a local neighborhood. Tier I even rs are usually block parties, and no costs beyond the application fee are imposed on Tier I events. on-profit organizations are exempt from payment of coses in Tier II and Tier III evenrs up to the sum of $1,400 while profit organizations are required ro pay all costs. The average total cost to the Ciry of a Tier II and Tier III event is estimated to be in the range of 1,400, most of which are per onnel costs--primarily of public safety officers. ELLIOT A. ANDERSON ASHLEY MILLS COLBORN SANDRA KENNEDY CLARA .i'vIC DAJ.'-.JIELS THOJ\t1AS P.A.NO\VICZ DANIELLE \'v'EISS BILL NO. 55-18 Council President Tim Scott October 3,2018 Page 2 Another change to the previous process is the creation of a Special Events Committee consisting of five members from the most affected City departments. This Committee is responsible for the decision to issue a special event permit. Implementation of a committee review process is expected to result in reasonably prompt and thorough decisions with greater convenience to applicants. This ordinance also provides for special events involving free expression protected by the First Amendment of the United States and Indiana constitutions. No fee is imposed for these events, but sponsors are required to submit an application to hold the event in the public right of way. Specific weapons and facial coverings are restricted for such events in light of recent national occurrences where law enforcement officers were placed at risk during such events. The restrictions in weapons and face coverings contained in this ordinance were taken from laws from other cities. The persons expected to participate in the presentation of this ordinance to the Common Council are Jitin Kain, Chief Scott Ruszkowski or his designee. I will be present for legal questions. Mayor Pete's chief of staff Ms. Laura O'Sullivan and/or deputy chief of staff Suzanna Fritzberg may also participate. Thank you for your assistance. We look forward to working with the Council in the adoption of this ordinance. Sincerely, Aladean DeRose,City Attorney c: Council member Karen White jitin Kain Laura O'Sullivan Suzanna Fritzberg Council Attorney Robert Palmer Corporation Counsel Stephanie Steele 2 Filed in Clerk's Office OCT 0 3 2018 Bill No. KAREEMAH FOWLER Ordinance No. CITY CLERK,SOUTH BEND,IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, AMENDING, CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 14 ENTITLED SPECIAL EVENT ON PUBLIC PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT With the number of special events held on public property growing each year, such as parades, runs, festivals, and street parties, South Bend has become a true destination venue. These events enhance the overall quality of life and the cultural and economic prosperity of our City, and are to be encouraged. The current information for special events as displayed on the City's website is entitled "Application & Forms-Public Works"and includes information for"Processions:Use for walks,runs,parades,motorcycle rides, or similar events." It refers to Board of Public Works Resolution No. 9-1985 approved on March 4, 1985,which has not been updated since then. Prior to this ordinance certain special events were handled by the Board of Public Works under the category of"block party."This category was defined as either residential or non-residential under Chapter 14,Article 11, Sections 14-93 through 14-95 of the South Bend Municipal Code.Nonresidential block parties included large festival events such as Art Beat, the former Ethnic Festival and similar large public gatherings and celebrations.These large events are referred to in this ordinance as either a"Civic Sponsored Special Event" or as a generic form of"Special Event." To reduce confusion, simplify, and better manage the licensing process for all events on public property, this ordinance repeals South Bend Municipal Code Chapter 14, Article 11,Sections 14-93 through 14-95 addressing block parties,and incorporates within this new Chapter 14, Article 14 the relevant provisions of the repealed Code Article 11 and its Sections regulating "block parties". The Common Council, in collaboration with the City Administration, have worked together to discuss the many details involved with special events held on public property, and especially the many required City services needed to make sure that each event is safe for all to enjoy.An assessment of the costs incurred by the City, in conjunction with goodwill developed, has also been carefully reviewed and discussed. If a proposed event is reasonably anticipated to take place at least in part on public property and is required to have substantial public services involved to deal with the impacts of an event, including but not limited to public safety and public works services, the City has a legitimate public interest in requiring the applicant to share relevant information, and when determined to be reasonably necessary, to help off-set some of burden of the required public services costs from the City's taxpayers. The following special event regulations are aimed at promoting the mutual benefits of the City of South Bend and event organizers. They set forth a process for permitting special events based on best practices effectively used in other communities.The City has a compelling need to coordinate timely the planning of each proposed special event in order to protect public health and safety, and to help reduce the potential impact of noise,congestion,pedestrian and traffic congestion,while guaranteeing the public's rights to free speech and assembly. It is believed that the following special event and parade regulations are in the best interests of the City of South Bend, Indiana. Special Event and Parade Regulations Ordinance Page 12 Now, Therefore,Be It Ordained by the Common Council of the City of South Bend,Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code which is entitled "Specific Public Safety Regulations"is amended by the inclusion of new Article 14,which shall read in its entirety as follows: Article 14. Special Event on Public Property Regulations. Division I. Regulations of General Application. Sec. 14-130 Title. This Article shall be known as the "Special Event on Public Property Regulations". Sec. 14-131 Purposes.' a) It is recognized that special events on public property provide opportunities to enhance the City of South Bend and provide benefits to the citizens through the creation of unique venues for expression and entertainment, which may not routinely be provided as a part of governmental services. b) It is the purpose of this Article to establish fair and reasonable processes for permitting special events conducted by the private sector to use City streets, sidewalks, facilities and/or services. c) It is acknowledged that a coordinated process for the regulation is necessary in order to protect the public health, safety and welfare of the city,the patrons,participants, and attendees of special events, and to protect the rights and interests which are granted to special event permit holders. d) These regulations create a fair and reasonable cost recovery program. Being mindful of City taxpayer concerns, the anticipated costs related to the City providing substantial public services are calculated and shared equitably by the involved parties requesting to hold a special event. e) These regulations are further intended to protect the rights of citizens who wish to engage in constitutionally protected free speech expressive activities, based on the least restrictive and reasonable time,place and manner regulations of those activities. Sec. 14-132 Definitions. As used in this Article: Applicant"means the person or group sponsoring or organizing a special event who is required to apply for a Special Event Permit. Application fee"is a non-refundable amount charged by the City to help cover part of the administrative cost of processing the permit application through the City's internal review process.It is separate from any other charges and/or cost which may be required by City regulations. Block party"also referred to as "residential block party"means a public assembly sponsored solely by and limited to the actual residents of a block or blocks on a certain street. Indiana Code§36-1-3-2 provides in the Home Rule statute that units of government are granted"all the powers that they need for the effective operation of government as to local affairs".Indiana Code§36-1-4-11 authorizes the passage and enforcement of ordinances,with Indiana Code§ 36-1-6-1 et seq.setting forth further enforcement powers and duties. Special Event and Parade Regulations Ordinance Page 13 Board of Public Works"means the board referred to in Section 2-50 of the South Bend Municipal Code 2. Business day" means business hours during the City's routine work week. The City is open Monday through Friday. A"business day"excludes City holidays. City"means the City of South Bend, Indiana. Civic sponsored special event"means any official City of South Bend special event designated in Sec. 14- 142 of this Article. Committee"means the"Special Events Committee"as defined later in this Section. Cost recovery" means administrative and departmental costs that include fixed costs, direct costs and indirect costs projected to be incurred by the City in conjunction with an event being held. Cost recovery program" means a fair and reasonable process developed to capture some or all of the administrative and departmental costs incurred by the City in conjunction with a special event. Demonstration"means any public display, assembly, formation, or procession which for the purpose of expressive activity is: a) To assemble or travel in union on any street in a manner that does not comply with routine or normal traffic regulations or controls; or b) To gather on public property location. Demonstration Form" means the form required under Section 14-140 of this Article to hold a demonstration consisting of twenty-five(25)or more individuals. Electronic means" is the use of electronic or digital equipment to process, convey, store, or transmit information to or from the City pertaining to this Article, specifically, the application for a special event permit and related information. Event"means"Special event"as defined later in this Section. Event classifications'd are as follows: Tier I. Neighborhood—These events attract attendees within the neighborhood. Examples include block parties and neighborhood celebrations. Anticipated attendance for these events is 500 persons or fewer. Tier II. City—These events attract attendees from all parts of the City. Examples include small races, walks,marches,processions,and parades.Anticipated attendance for these events is 1,000 persons or fewer. Tier III. Regional—These events attract attendees from the region.Examples include concerts,large races, carnivals and fairs.Anticipated attendance for these events is over 1,000 persons. Z Indiana Code§36-4-9-5 authorizes the establishment of a board of public works. 3 Department of the Treasury Internal Revenue Service Publication 4221-NC identifies in the"Tax-Exempt Organization Reference Chart"the following by Code Section whose contributions are deductible:501(cx 1)Instrumentalities of the United States,501(cx3)Religious,Educational, Charitable,Literary,Testing for Public Safety,to Foster National or International Amateur Sports Competition,or Prevention of Cruelty to Children or Animal Organizations,501(cx8)Fraternal Beneficiary Societies,Orders or Associations,501(c)(10)Domestic Fraternal Societies, Orders or Associations,501(c)(13)Cemetery Companies,501(e)Cooperative Hospital Service Organizations,50l(k)Child Care Organizations, and 501(n)Charitable Risk Pools. Special Event and Parade Regulations Ordinance Page 14 Special event application forms correspond to the Tier number of the special event for which a permit is sought. Persons seeking special event permits will receive and shall complete an application form that corresponds to the Tier number by which their proposed special event is classified. Civic sponsored special event"means a special event sponsored by the City. Event organizer" means any person who conducts, manages, promotes, organizes, aids or solicits attendance at a special event or parade. Expeditingfee"means an additional fee charged by the City when the applicant misses the filing deadline requirement and requests the Special Event Committee to act upon an application filed within a shorter period of time, causing an expediting of the internal review process required of City departments. Expressive activity"includes conduct,the sole or principal object of which is the expression,dissemination or communication by verbal,visual, literary or auditory means of opinion,views or ideas and for which no fee or donation is charged or required as a condition of participation in or attendance at such activity. It includes public oratory and distribution of literature.a Fixed Routes"i means those routes approved by the Board of Public Works for 5K and 10K races and similar events with an anticipated participation of 1,000 or fewer people which are held on one of the fixed routes established by the Board. Full costs"' include all direct costs and overhead costs incurred by the City for an approved event where City personnel and/or City equipment is required or deemed to be necessary. Governmental agency"means any agency or entity of the Federal Government, State of Indiana, or local government. Non-profit special event" means a special event which is sponsored by and whose special event net revenue (after reasonable costs of holding the event are deducted) will be payable to a corporation, partnership, enterprise, association or other cooperative organization having a purpose to further cultural, charitable, educational, scientific, religious, literary, amateur sports competition,hobbies, or other similar purposes recognized under Section 501(c) of the United States Internal Revenue Code and whose net revenue from the special event will be used solely for those purposes. Proof of tax exempt status by the U.S. Internal Revenue Service under Section 501(c) (3) (26 U.S.C. Section 501(c) (3)) shall qualify a sponsoring organization or entity for treatment as a non-profit Special Event under this Article. Parade"means an orderly procession of many persons,with or without vehicles and/or animals,through a public street for a special purpose or in celebration of an event, intended to attract spectators. Procession"means a group of persons or vehicles moving forward in a line or other orderly way especially as part of a ceremony, festival, or with a themed purpose. Expressive activity"is also commonly referred to as"First Amendment Activity".In Forsyth County,Georgia v.Nationalist Movement,505 U.S. 123(1992),the U.S.Supreme Court held that a government may impose a permit requirement on those wishing to hold a march,parade,or rally;however it cannot violate Free Speech guarantees of the First and Fourteenth Amendments by examining speech content and imposing a fee on such activity due to a potential public response to such expressive activity. 5 Board of Public Works Resolution No.9-1985 adopted on March 4,1985 established five(5)fixed routes. 6 Special Events Program:an Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon notes on page Al-15 that'charges for services that benefit specific users should recover full costs,including all direct costs and overhead costs." Special Event and Parade Regulations Ordinance Page 15 Profit special event"means a special event which is sponsored by and whose net revenue from the special event is not payable to an entity or entities described in the definition for"non-profit Special Event"under this Article. Public property" means any street, public highway', sidewalk, public place', public way10, or watercourse". Sidewalk" means the part of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians12. Special event"means any temporary event planned to be held on public property and may include parades, processions, festivals, street fairs, and similar gatherings in non-residential streets, organized walks, runs, 5k, l Ok,marathons,bike runs,or similar events. A residential block party is a"special event"but is subject to distinct rules. Demonstrations as defined in this Article are treated separately from special events. Special event permit"means a permit issued under this Article. Special Event Committee" means the Committee having authority to receive, review, and process all requests for special events,and to make final recommendations for approval or denial of every special event application, as provided more specifically in Section 14.134 of this Article. Special Event Coordinator"means the designated person within the Department of Public Works whose duties include the processing of special event application forms, application fees and service charges; the receipt and processing of payments for special events that are not made electronically, the receipt and distribution of application forms and materials to Special Event Committee members, the preparation of Special Event Committee notices, record keeping pertaining to special events and any other task necessary to the efficient administration of the special event permit process. Street"means the entire width between the boundary lines of every way publicly maintained when any part of the way is open to the use of the public for purposes of vehicular travel.The term includes an alley13. Special event venue"means that area for which a special event permit has been issued. Substantial public services" mean a material increase in the amount, scope, or level of necessary fire, police,traffic control, crowd control,or other public services above those that would be required normally without the event. With respect to police resources, substantial public services mean resources for crowd management or traffic control required for the event over and above the normal deployment of police in that geographic area of the City at the time of day during which the event is scheduled to occur. Tier number"See"Event classifications." See. 14-133 Special event permit required. a) Except as otherwise provided in this Article, for any person or organization to-conduct, manage, promote, organize, aid, or solicit attendance at a special event,the person or organization shall be required to obtain a special event permit from the City of South Bend's Special Event Committee. 7"Street"is defined in Indiana Code§9-13-2-73. 8"Public highway"is defined Indiana Code§9-13-2-142 and Indiana Code§9-25-24 includes parking lots. 9iPublic place"is defined in Indiana Code§36-9-1-4. 10"Public way"is defined in Indiana Code§36-9-1-7. Watercourse"is defined in Indiana Code§36-9-1-10 Z"Sidewalk"is defined in Indiana Code§9-13-2-167. Street"and"Alley"are defined in Indiana Code§9-13-2-175 Special Event and Parade Regulations Ordinance Page 16 b) The Special Event Committee is authorized to issue permits for special events proposed to occur on public property pursuant to the procedures established in this Article. The Special Event Committee is authorized to determine the special event venue, to establish reasonable boundaries, to determine public health, safety and welfare conditions, and to authorize the coordination of the issuance of a special event permit with other public agencies or departments including the Police Department, Fire Department, Department of Public Works, Bureau of Traffic and Lighting, and other entities. Each such governmental entity shall review the application submitted pursuant to Sec. 14-154 and send advisory recommendations to the Special Event Committee. Sec. 14-134 Special Event Committee. a) Establishment and purpose. There is established a Special Event Committee to receive and review all special event applications;to issue special event permits for such events,to determine appropriate terms and conditions for such permits;to set the applicable fee including any expediting fee for any special event; and generally to administer this Article. The Special Event Committee in consultation and coordination with appropriate City Departments,and other relevant organizations,shall further identify the nature and scope of City services necessary for special events in general and for any particular application. b) Specific powers. In addition to those powers included in subpart(a) of this Section,the Special Event Committee shall have the power: 1) to interpret and administer this Article; 2) to establish criteria for determining whether an event meets the definition of a special event; 3) to represent the City and its Department of Public Works in discussions and in making agreements with persons or organizations who apply for or who propose an event that may require a special event permit; 4) to require,review, and approve security and crowd control and any traffic control plans; 5) to accept as appropriate or applicable, a bond, escrow account or letter of credit from a financial institution in lieu of an advance deposit of a fee; to determine the appropriate insurance coverage with the City as a named insured for a special event; 6) to deny an application, and/or issue a permit with conditions, and/or revoke a permit; 7) to review periodically in consultation with Corporation Counsel or designee the fee schedule and any rules and policies for the issuance of special event permits in conformity with this Article,and to make recommendations for modification of fees to the City's Board of Public Works; 8) to adopt rules and or policies for its own procedures; 9) to do anything reasonably related or necessary to perform its specific tasks and to perform other functions that may be assigned by ordinance from time to time. c) Committee composition. The Special Event Committee shall be comprised of five(5) members. One (1) member shall be appointed by the Mayor; one member shall be the Director of Streets or that Director's designee as approved by the Public Works Director; one (1) member shall be the Director of Engineering or that Director's designee as approved by the Public Works Director; one (1) member shall be appointed by the City's Chief of Police and one (1) member shall be appointed by the City Fire Chief. Special Event and Parade Regulations Ordinance Page 17 Each member shall serve indefinitely unless he/she resigns, is replaced by a successor in office, or is replaced by the designated appointing party. d) Committee meeting to determine issuance or denial of special event permit; applicant presence required. The Special Event Committee shall meet regularly and as frequently as it determines appropriate to discuss and determine whether a special event permit shall be granted and issued. The applicant shall be given reasonable advance electronic notice of the meeting and shall attend the meeting to provide information and answer questions about the special event as the Committee deems appropriate.For persons who may submit applications over the counter, notice of the Committee meeting shall be given by U.S. mail. For purposes of Indiana's Open Door law (Ind. Code §5-14-1.5), a meeting of,the Special Event Committee is a public meeting. (e) Denial ofpermit or issuance ofpermit with conditions. 1) The Special Event Committee's decision to deny a special event permit shall be in writing with reasons stated for denial,and shall be communicated promptly to the applicant, either in person, by overnight delivery through a carrier that provides proof of delivery, or electronically. Electronic delivery shall also be accompanied by regular surface mail to be posted within 24 hours of electronic notice. 2) The Special Event Committee may deny a special event permit for any of the following reasons or for any other good cause: i) The applicant supplies false or misleading information; fails to complete the application or to provide other required documents. ii) The applicant willfully fails to comply with a requirement or Regulation of this Article. iii) The application is untimely. iv) The applicant or event sponsor previously engaged in conduct or activity which resulted in jeopardizing the public health, safety or welfare. v) The proposed event is proximate to another Special Event previously permitted or scheduled such that the City after making reasonable efforts to accommodate both events, is unable to reasonably accommodate both events. vi) The proposed event would unreasonably disrupt the orderly or safe circulation of traffic so as to present an unreasonable risk of injury or damage to the public. 3) The Special Event Committee may issue a special event permit with conditions placed upon the event in the best interest of public health,safety, or for other reasonable cause. 4) If the Special Event Committee is unable to reach a determination of whether or not to issue a special event permit, it shall refer that application to the Board of Public Works for final determination,and the Board shall act as expeditiously as possible on the application. f) Review of the Special Event Committee's denial of permit or issuance of conditional permit. An applicant may request administrative review of a Special Event Committee's denial of a special event permit application or may appeal conditions placed by the Committee upon such permit. Review shall be made to the City's Board of Public Works.The request for review must be d delivered to the City Department of Public Works within three (3) business days from denial or issuance of the conditional permit. Hearing on the request for review shall be placed on the Board of Public Work's next Special Event and Parade Regulations Ordinance Page 18 soonest agenda. A request for review shall contain a short, plain, reasonably clear statement of why the Committee's decision should be reversed or amended.A request for review should be filed electronically. Sec. 14-135 Limited exception to Special Event Permit requirements. a) A special event permit is not required for: 1) Funeral processions 14; 2) Activities conducted by a governmental agency acting within the scope of its authority, 3) Lawful picketing on sidewalks15; 4) Demonstrations which do not involve the use of motor vehicles, animals, fireworks; or pyrotechnics provided that: i) No fee or donation is charged or required as a condition of participation in or attendance at such Demonstration; and ii) The Chief of Police of the South Bend Police Department,or his official designee, is notified at least seventy-two(72)hours in advance of the commencement of the Demonstration, as further addressed in Section 14-140; 5) Fireworks display involving the assembly of people gathered on public property for the primary purpose of watching such fireworks display; 6) Any parades, exhibitions, or meetings governed by the Board of Park Commissioners pursuant to South Bend Municipal Code §19-48 et seq. However, the special event application forms used by the Board of Park Commissioners shall be nearly identical in substance to the forms used by the Special Event Committee. 7) A civic sponsored event. However, such event shall comply with any and all other regulations in this Article or as prescribed by the Special Event Committee or the Board of Public Works.The organizers of such event shall provide notice of the event to the Special Event Committee within the deadlines required in this Article along with event plans, and shall meet with the Special Event Committee for recommendation as to public safety and logistics. Sec. 14-136 Filing deadline and fee for special event applications; waiver of strict flung deadline. a) No application for a Tier II or Tier III Special Event will be accepted if filed in less than 30 days of the date the special event is to take place, and no application for a Tier I(neighborhood) Special Event will be accepted if filed in less than fourteen(14) days before the special event is to take place. Nor shall any application for any Tier of special event be accepted if filed more than 180 days before the date the special event is to take place. In requesting special event permits, applicants are encouraged to file their application in advance of the required deadlines set forth below to best assure that their special event will not conflict with another special event. b) Fully completed applications for all Tier II and Tier III special events should be filed no less than 60 days before the special event is to take place. 14"Funeral processions"are governed by Indiana Code§9-21-13. is"Picketing"and"assembly"are addressed in Indiana Code§22-6-1-4. Special Event and Parade Regulations Ordinance Page 19 c) Fully completed applications for all Tier I(neighborhood/residential)special events should be filed no less than 45 days before the special event.is to take place. d) All Tier II and III special event applications shall be accompanied by a non-refundable filing fee of fifty dollars ($50.00). However, an event organizer of more than one substantially similar event being held on different dates within six months of the same calendar year,may file for such similar and recurring special events at one time with payment of one filing fee. Each special event within such multi-event application is subject to separate charges for cost recovery as provided in Division 11 of this Chapter. The filing fee adjustment of this Section applies only when one application is filed for more than one substantially similar and recurring special event.This multiple event filing fee adjustment does not prevent or waive assessment of an expediting fee for any one or more special event(s) within a multiple event application as to which a waiver of filing deadline is granted by the Special Event Committee and for which an expediting fee is applicable under subsequent Section 14-137. e) All Tier I special event applications shall be accompanied by a non-refundable filing fee of twenty- five dollars($25.00). The application fee may not be waived or modified by the Special Event Committee. f) In light of the City's policy to encourage the holding of special events and parades within the City limits, deadline requirements established in this Article should be strictly adhered to. The Special Event Committee or the Board of Public Works when reviewing a Special Event Committee decision may waive strict compliance with the deadline requirements but only when such waiver is based on a thorough assessment of the facts taking into account prior similar cases, and when it is consistent with the responsibility of protecting the health, safety and welfare of the City. No waiver shall be granted for any Tier II and III special event application filed in less than 30 days from the date the special event is to take place, and no waiver shall be granted for any Tier I special event application filed less than 14 days before the special event is to take place. See. 14-137 Expediting fee required when filing deadlines are waived. In those limited circumstances where the Special Events Committee or the Board of Public Works waives strict compliance with the timing deadlines for filing an application for special event permit, the required non-refundable application fee shall be doubled in amount to help offset the expedited reviews required to be conducted by the Special Event Committee to assure the health, safety and welfare in a reduced period of time. An expediting fee will be required if a Tier II or III special event application is permitted to be filed between 59 and 30 days in advance of the event. An expediting fee will be required if a Tier I event application is permitted to be filed between 44 and 14 days before the event is to take place. Sec. 14-138 Filing of special event application or demonstration form by electronic means. a) The City shall maintain a reasonably prominent link on the City's website for filing and receiving application forms for a special event or for a Demonstration as required by Section 14-13 of this Article, and all persons requesting a special event permit or providing Notice of a Demonstration shall file and process all such requests by electronic means. b) Persons who verify that they do not have direct use of or access to electronic means of communication may file their applications in person or by mail in the office of the Clerk of the Board of Public Works. In the event of universal power outage, applications in person or by mail will be accepted. All persons are encouraged to use electronic means of filing and the Clerk of the Board of Public Works may reject for good cause a special event application or Demonstration Form not filed by electronic means. This shall not apply when in conflict with the accommodation requirements of the Americans with Disabilities Act(ADA) or similar law. Special Event and Parade Regulations Ordinance Page 110 Sec. 14-139 Requirements for use of city seal or name. a) Approval of a special event application shall not constitute the City of South Bend's endorsement of the special event, nor does it entitle the applicant or the event organizer to use the City of South Bend's seal or a facsimile thereof,or the City's flag, or its flag's graphic symbol as part of advertising,promotion, or holding of the special event. b) An Applicant or event organizer desiring to use the name of the City of South Bend, or its seal or facsimile,or the City's flag, or its flag's graphic symbol for the applicant or event organizer's special event must apply to the Board of Public Works for authorization of such use. Revenue sharing by the applicant or event organizer other than a City Department, Board, Commission or agency is required as a condition of such Board of Public Works approval of the right of use. c) Prior notice and proof of such notice from the City Clerk is required for an event organizer to use the City seal or facsimile thereof, or the City's flag, or its flag's graphic symbol.16 Sec. 14-140 Regulations addressing demonstrations—Demonstration Form. a) Any person organizing a demonstration where twenty-five or more persons are reasonably expected to participate shall complete and file a Demonstration Form with the Clerk to the Board of Public Works not less than seventy-two (72) hours in advance of the demonstration. Upon receipt of such completed Demonstration Form,the Clerk shall immediately send it to the Police Chief.There shall be no fees charged to the person providing information about the proposed demonstration for processing this form by the City. b) No person shall be required to obtain a separate special event permit for a demonstration unless such activity will likely result in the obstruction of City streets and/or sidewalks or will likely compromise the ability of the City to respond to a public safety emergency. c) If a demonstration is held without a permit,the participating persons shall be required to disperse if the police determine that public safety is being jeopardized because of actual or threatened harm.In such cases,police must communicate the order directing the participating persons to disperse peacefully before taking action to cause such dispersal. d) Persons participating in or attending a demonstration shall not carry or have on their person tools or implements that could reasonably be used to cause bodily injury to self or to another. Such items specifically include but are not limited to the following:torches,bricks,knives,daggers,swords,machetes, ice picks, shields,nun chucks,helmets,golf clubs,wrist rockets,chains,baseball bats,axes or axe handles, frozen water bottles, aerosol sprays, containers filled with flammable or biohazard material, and sticks, pipes, or slabs of wood which could be used as a weapon. Reasonably sized sticks or pipes used solely to raise and hold flags, signs, or banners are permissible if used for that purpose 1) Public safety officers shall have discretion to determine upon reasonable belief or inference whether other items not specifically listed herein constitute a weapon. 2) Any tool, implement or similar item constituting a weapon in the reasonable opinion of a public safety officer may be confiscated by that officer in the interest of public safety. ie Indiana Code§36-4-10-4 designates the City Clerk as the keeper of the City Seal. Special Event and Parade Regulations Ordinance Page ail 3) This weapon prohibition shall apply to any place within a 500 foot radius of the area where the demonstration is taking place,that is,the point or points where the spectators attending the demonstration has/have visibly ended. e) It is further prohibited for persons to participate in or attend a demonstration while wearing any mask, device, or hood by which any portion of the face is so hidden or covered as to conceal the identity of the wearer except for children under age 13 or workers wearing masks for safety reasons. Sec. 14-141 Board of Public Works to maintain special event and parade instructions,application forms, event checklist, event cost estimator,event evaluation, contact information and other data on City website. a) The City's Board of Public Works shall maintain and post on a designated City Website all Application Forms, List of Required Non-Application Fees, Costs, Recovery Schedules, Event Cost Estimator form and instructions, City Contact Information, Board approved Fixed Route Maps, Affidavit Forms in Support of Waiver or Modification of Insurance Requirements, Instructions,brochures,planning guides, and other data promoting education and public transparency. b) The Board of Public Works shall also maintain and regularly update on said website additional information which includes but is not limited to the following: 1) Citizen Access Portal which includes instructions,brochures,checklist, application forms, affidavits,waiver request forms, and related information; 2) Master Calendar listing current and upcoming Special Events,Parades and Demonstrations approved by the Board by date,name,access to more detailed information; 3) Links to relevant agencies and organizations; 4) Special Event Permit Process and Regulations summarizing permit fees, requirements addressing street/area closures, security, food and alcohol; health and medical, fire prevention, clean-up,barricades and cones,cost recovery,and related information. 5) Fixed Route Maps established by the Board of Public Works. c) The Board of Public Works is authorized to maintain additional avenues of communication to disseminate information addressing alerts which may impact a special event and/or parade,maps,upcoming civic sponsored events, and demonstrations. Sec. 14-142 Designation of Civic Sponsored Special Events. a) Each year, the following events shall be designated as civic sponsored special events under this Article: 1) Martin Luther King Walk 2) St. Patrick's Day Parade 3) Memorial Day Parade 4) Best Week Ever including(or separately)Kids Triathlon and Urban Adventure 5) Downtown for the Holidays Tree Lighting and Parade Special Event and Parade Regulations Ordinance Page 112 b) Civic sponsored special events along with First Fridays and Art Beat sponsored by Downtown South Bend (DTSB) shall be given preference on date selection each year by the Board of Public Works. The list of civic sponsored special events listed in subpart(a) of this Section may be supplemented by the Board of Public Works from time to time as deemed appropriate. c) Each civic sponsored special event shall comply with all applicable regulations of this Article, except for the payment of any fees or cost recovery charges. Sec. 14-143 Reserved for Future Use. Division II. Cost Recovery Program for Special Events. Sec. 14-144 Purposes. a) Identification and coordination with all City departments and other City governmental entities to assure that the public health, safety and welfare are protected, are critical components to the City's hosting of vibrant events in many public venues. b) The nature and scope of such governmental services must be assessed and reviewed through internal reviews of assigned City department personnel, in order to carry out such responsibilities. Often, this assessment results in substantial public services required to be provided.Each affected City department is required to recommend the level of each type of public service needed to be assigned for an event upon receipt of a copy of an application for a special event from the Special Event Coordinator to the Special Event Committee. That Committee shall review each such advisory recommendation and make the final determination of the level of necessary public services required, which shall be subject to the cost sharing provisions set forth in this Division. See. 14-145 Cost Recovery Program Established. a) In order to systematically and objectively address the purposes set forth in this Article, a Cost Recovery Program is established for certain special events proposed to be scheduled in the City. b) Recognizing the variety in types proposed events,the variety of applicants and/or event organizers, and the varying level of required governmental services which may be required to protect the public health, safety and welfare, a cost sharing program is determined to be the most fair and equitable method to properly balance having such events held in the City with the required costs of providing needed City governmental services." Sec. 14-146 Costs, Fees, Charges Associated with Special Events -Posting on Website Required; Deposit of Police Cost Recovery Monies into Fund#220. a) Full costs for all direct costs and overhead costs incurred by the City for City personnel and the use of City equipment shall be based upon the following most current documents: 1) Board of Public Works Resolution approving a Schedule for Material Rental governing such items as barricades,barriers, fencing,traffic cones, concrete barrier, etc.; and Special Events Program:An Analysis of Costs,Program Development and Recommendations published by the Revenue Bureau of the City of Portland,Oregon is on file with the Office of the City Clerk.It contains a summary of charts comparing various types of cost recovery of city services programs in effect in approximately twenty cities throughout the USA.U.S.Department of Transportation's Planned Special Events: Cost Management and Cost Recovery Primer was consulted which studied policies and procedures in Baltimore,Boston,Ithaca,Los Angeles, New York,Philadelphia,Phoenix,Seattle,and Washington,D.C.and focused on"Cost Recovery Best Practices". Special Event and Parade Regulations Ordinance Page 113 2) Board of Public Works Resolution approving Schedule for Equipment Rental governing such items as bleachers,platforms, scaffolding,grandstands, stage, etc.; and 3) Common Council Ordinances fixing wages, salaries, overtime rates and holiday pay; minimum hours of assignment requirements; etc.; and 4) Board of Public Safety Resolution approving the minimum staffing time increments for public safety personnel, if any, and the per hour costs for providing equipment, by type, from the South Bend Police Department and the South Bend Fire Department. Schedules of the above shall be posted by the Clerk to the Board of Public Works and updated on a reasonably regular basis so that accurate information is on-line. b) All monies collected for public safety services provided by sworn members of the South Bend Police Department shall be deposited into Fund#220,Law Enforcement Continuing Education Fund. Sec. 14-147 Cost Sharing Provisions Governing Special Events. a) Cost sharing for a special event shall be based on the following criteria: 1) The type of proposed event for purposes of public support.These categories are:(a)a"civic sponsored event" under Sections 14-132 and 14-140; (b) a profit special event; or (c) a non-profit special event,both latter terms as defined in Section 14-132 of this Article; and 2) The type of event classification,that is,Tier I,Tier H, or Tier III as defined in Section 14- 132 of this Article. b) The cost recovery charge is separate and distinct from the non-refundable application fee and any expediting fee required for a special event under Sections 14-136 and 14-137 of this Chapter. Sec. 14-148 Cost recovery charges. a) The City will absorb a portion of the costs and expenses incurred by the City directly related to a Non-profit special event" as defined in Section 14-132 up to the sum of One Thousand Four Hundred Dollars($1,400).All expenses over and above$1,400.00 must be reimbursed to the City by the non-profit organizer or sponsor of the event. b) An organization sponsoring a "Profit special event" as defined in Section 14-132 shall be responsible to the City for payment of all costs and expenses incurred by the City relating to that special event. c) A Tier I special event is exempt from cost recovery charges due to the minimal City services required for such special events. The City will absorb a sum up to One Thousand Four Hundred Dollars 1,400) of the costs and expenses incurred by the City directly related to a block party. d) The City will absorb all costs and expenses related to any civic sponsored special event as identified or described in this Chapter, or as supplemented by the Board of Public Works,whether or not the City is the sponsor or organizer. e) Those expenses constituting labor costs which may include labor and services performed by the South Bend Police Department,the South Bend Fire Department,or the South Bend Department of Public Works shall be reimbursed to the City at the rate of Forty Dollars ($40.00)per person per hour. Special Event and Parade Regulations Ordinance Page 114 f) Those expenses constituting material costs shall be reimbursed to the City at their reasonable.retail value. g) Recurring Event Discount: In the event that a proposed special event is a validated recurring event in the City, a ten percent(10%)discount shall be given by the City for reimbursement of Tier II or Tier III government services provided. h) Cost Recovery Invoice:The City will provide the applicant or event organizer with a Cost Recovery Invoice detailing any and all costs and charges, which are over and above the non-refundable application fee, a minimum of thirty (30) days in advance of the event. Payment in full of such costs and charges is required no less than four(4) days in advance of the event. i) Additional Charges/Costs: The City shall have the right to assess additional costs for litter and refuse collection to the extent that the applicant or event organizer fails to meet the obligations set forth in its clean-up plan, as well as bill for additional charges set forth in an itemized billing of any verifiable damages or loss caused to City material, equipment or property known by the City to have been caused during the event. 0) Refunds:In the event that it is determined by the City that the applicant or event organizer overpaid for Cost Recovery, the City shall refund money based on information from the City Controller or his/her designee within thirty(30)days of knowledge by the City of an applicant's overpayment. k) Postponement or Cancellation: An applicant or event organizer is responsible for notifying the Clerk to the Board of Public Works immediately upon the postponement or cancellation of an event. The applicant or event organizer shall be charged for any City services provided in advance of the event up through the time of notification. Sec. 14-149 through Sec. 14-153 Reserved for Future Use. Division III. Special Event Application and Regulations. Sec. 14-154 Special event permit application form requirements-non-refundable application fee. Application and Required Attachments: Unless otherwise provided by this Article, a special event permit application requires the following information: a) Name, address,telephone number and email of applicant; and b) Certification that the applicant will be financially responsible for any City fees and/or costs which may be imposed pursuant to this Article; and c) Name, address,telephone number and email of the event organizer, if any; and d) If the special event is designed to be held by, on behalf of, or for any organization other than the applicant, the applicant for the special event permit shall file a document from such organization which: 1) Authorizes that the applicant may apply for the special event permit on its behalf, and 2) Certifies that the applicant or event organizer will be financially responsible for any fees and/or costs which may be imposed pursuant to this Article; and Special Event and Parade Regulations Ordinance Page 115 e) Classification of special event: 1) Civic sponsored special event 2) Non-profit special event 3) Profit special event An applicant who designates itself under the non-profit classification is required to provide a copy of the IRS ruling or determination letter certifying its qualification as a non-profit or charitable organization under Section 501 of the Internal Revenue Code. If the non-profit organization has not received IRS approval or certification of tax exempt status,it must furnish satisfactory proof of its qualification as a non-profit entity. If the applicant applied for but was denied tax exempt status by the IRS, it must provide proof of denial, and the Committee or Board may disqualify the event under the non-profit classification. f) Name of the official charity partner, if any, of the event; and g) Statement of Purpose of the proposed special event; and h) Statement of any fees to be charged for the special event; and i) Number of sponsors at each level of partnered sponsorship, if any, of the event; and whether the event has different categories of activities, and the number of anticipated participants in each category; and j) Approximate number of persons attending the special event, including but not limited to vendors, attendees, and participants; and k) Proposed date(s)and times of the proposed special event; and 1) Approximate times when assembly for,and disbanding of,the proposed special event is to take place; and m) Proposed geographic location which identifies locations and duration of any proposed event closures, including route and traffic plan and map detailing the starting point and termination point; whether any TRANSPO bus route changes will be needed and confirmation of TRANSPO's tentative approval; notification process to be used to give notice to residents, business owners, motorists of the streets and/or sidewalks which will be temporally closed; and n) Proposed Site Plan, including the location of structures, compliance with ADA regulations,18 electrical [including description of any sound systems or other electrical devices to be used], sanitation, and plumbing; and o) Proposed plan for bicycle parking and whether alternative transportation arrangements exit which address an emission reduction plan; and p) Location(s), if applicable, of provisions for consumption of food and/or alcoholic beverages; and is ADA Standards for Accessible Design and ADA Title Two Technical Assistance Manual address regulations addressing ADA standards for accessible areas,entrances,paths of travel,parking and transportation,restroom,tables and concessions,seating,signage and publicity and communication. Special Event and Parade Regulations Ordinance Page 116 q) Location, size, and description of any signs, banners, or similar advertising or promotion materials to be used on site; and r) Location and duration of any entertainment which will be provided or present,including a list of entertainers,bands or performers; and s) Proposed emergency safety plan, including but not limited to the number of Indiana Law Enforcement Academy(ILEA)19 certified officers,fire,and emergency medical personnel, noting the need to use any of the City's public services and/or private resources; proposed internal communications systems and public-address systems; and t) Lost and Found plans including a description of the usage of signage, announcements on public address systems or pre-event handouts, u) Proposed traffic management plan,including but not limited to provisions of personnel and location of proposed loading areas,barricades, secured areas, and parking areas; and v) Proposed sanitation plan, including but not limited to the provisions of toilets and wash stations,including the number of those compliant with the ADA; w) Proposed clean-up plan to recycle, to remove waste, trash and litter, including but not limited to the need to use of City's public services and/or private resources; and x) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm, dangerously high or low temperatures, and the alert system proposed for those participating; and y) Mitigation of Impact plans which provide community and public notice of potential impact of proposed event. z) Additional Requirements:At the time of filing a completed application,the applicant shall file: 1) Certificate of Insurance confirming the existence of a liability policy of not less than$700,000 per occurrence and$1,000,000 aggregate,which specifically names the City of South Bend, Indiana, as an additionally named insured for the event, unless specifically waived in whole or in part by the Board of Public Works; and 2) Indemnification Agreement: The applicant for a special event permit and if there is an event organizer, must further agree to jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of a permit under this Division or the conduct of the special event or its participants; and 3) Proof of confirmation of any additional licenses,permits and documentation from other agencies which are required for the event; and 4) Affidavit of Applicant:The applicant must certify on a form provided by the City, by affirmation, that information provided in the application and additional 19 The Indiana Law Enforcement Academy in Plainfield,Indiana,is"Indiana's center for law enforcement education.The Academy prepares law enforcement professionals for service through rigorous training based upon values and respect". Special Event and Parade Regulations Ordinance Page 117 documentation is true and correct; and that the applicant agrees to comply with all applicable local,state and federal regulations; and 5) Public Disclosure Information:The City recognizes that the public has a legitimate interest in being informed about special events,particularly as they directly relate to potential impacts on areas surrounding such events. Accordingly, the information provided by the applicant addressing the following shall be subject to public disclosure: 1) Event Title 11) Event Summary iii) Name and Contact Information for Event Organizer iv) Event Website Address v) Dates and Times of the Event vi) Location of the Event vii) Projected Attendance/Participants viii) Participation/Attendance Fee(s) ix) Additional Public Contacts x) Community Outreach Efforts xi) Fees, costs, and charges incurred 6) Non-refundable application fee of Fifty Dollars($50.00)made payable to the City. Sec. 14-155 Special event permit application review criteria.20 a) Application Review:Applications filed with the Special Events Coordinator shall be referred to the South Bend Police Department, the South Bend Fire Department, and the Department of Public Works' Division of Transportation], and when applicable to the Board of Park Commissioners, for review and advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews,the Special Event Committee shall determine whether a special event permit should be issued based on the following criteria: 1) Whether the information contained in the application required by this Division is complete, whether it is incomplete and has not been addressed after being advised by the City, or contains misleading or false information; 2) Whether there is adequate traffic management based on the time, place, or size of the proposed special event, including its impact on areas contiguous to the proposed special 20"Planning and Managing Security for Major Special Events:Best Practices for Law Enforcement Administrators"published March 2016 in the Police Chief Magazine was used in the preparation of this Section.This publication reviewed topics such as:guiding principles, planning/managing,threat-and risk assessment,business impact,radio communications,personnel and training,management during and after the event and post-event activities which was used in the drafting of these regulations. The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal Service and Building Maintenance,and Bureau of Sewers. Special Event and Parade Regulations Ordinance Page 118 event location, whether it will unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular traffic, ingress or egress to or use of adjoining private property, or unreasonably disrupt the use of a street when it is usually subject to significant traffic congestion; 3) Whether there are sufficient crowd control measures, including accessibility for ingress/egress, and emergency access for public safety personnel; 4) Whether the proposed special event would present an unreasonable danger to the health or safety of participants or other members of the public, or cause damage to public or private property; 5) Whether the conduct at the proposed special event would require the assignment or deployment of sworn members of the Police Department resulting in a substantial public service being delivered by that Department and the anticipated costs for such deployment needed to protect public health and safety,persons and property; 6) Whether a permit has been granted for the same time and approximate location, or would unreasonably interfere with another parade or special event for which a permit has been issued; 7) Whether the proposed special event would substantially interfere with any construction or maintenance work schedule(s)along the proposed parade route; 8) Whether there is adequate health and/or medical services provided to address hydration and sanitation needs of those participating in the proposed special event; (9) Whether there is adequate recycling and waste collection services proposed to be provided; 10) Acknowledgement of any additional requirements addressing temporary signs,temporary structures,vacant structures, and applicable building and/or zoning requirements; 11) Whether the applicant has previously violated the provisions of a similar permit or has violated City ordinances, or any other regulations in connection with a previous special event in the City; 12) Whether the applicant demonstrates an inability or unwillingness to conduct an event pursuant to the terms and conditions of this Article; 13) Whether the proposed special event would have a substantial impact and/or be required to use substantial public services, which in such case, a cost sharing fee, calculated pursuant to Division II of this Article, shall be made a condition of the issuance of the special event permit; and 14) Any other conditions the Special Event Committee believes are necessary to protect the public health, safety and welfare of the City and its residents. b) From a consideration of the completed application and from such other information as may otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this Article,the Board of Public Works may authorize the issuance of a Special Event Permit to the applicant. Sec. 14-156 Special event permit-issuance, contents, display--nontransferable. Special Event and Parade Regulations Ordinance Page X19 a) The Special Event Committee shall take final action upon a completed application for a special event permit as soon as practicable. b) Final action on a completed special event permit application shall consist of one (1) of the following: 1) Authorization that a special event permit be issued in accordance with the terms of the completed application found to be in compliance with this Article; or 2) Authorization that a special event permit be issued in accordance with terms and conditions modified and agreed to between the Board of Public Works and the applicant; or 3) Denial of the special event permit application by the Special Event Committee with notice being given by the Committee to the applicant of provisions for review by the Board of Public Works as set forth in Section 14-134(f) of this Article. c) Each special event permit authorized to be issued by the Special Event Committee must contain the following information or conditions: 1) Date(s)and hours of the approved special event; 2) Geographic boundaries of the approved special event location; 3) Conditions or restrictions imposed; 4) Special event permit number; and 5) Other information the Board of Public Works deems appropriate for the conduct of the special event and the enforcement of this Article. d) A copy of the special event permit shall be displayed in the special event venue in the method prescribed by the Board of Public Works applicable to the particular event and shall be exhibited upon demand of any City official. e) A special event permit is non-transferrable. Sec. 14-157 Notice of granting special event permit - responsibilities of Special Event Coordinator. Upon the Special Event Committee authorizing the issuance of a Special Event Permit, the Special Event Coordinator shall be required to see that: a) Notice of such approval is sent to the applicant and to all affected City Departments and to any other persons or entities involved with the implementation of the special event. b) Update the City's website by listing the date, name, access to more detailed information about the special event required by Section 14-136. Sec. 14-158 Date of special event not confirmed until permit issued. No date shall be considered confirmed until a special event permit is issued by the City. Sec. 14-159 Duties of applicant issued special event permit. Special Event and Parade Regulations Ordinance . Page 120 An applicant whose special event permit application was approved and is issued a special event permit by the City shall comply with the governing regulations in this Article and any additional conditions or restrictions imposed by the Board of Public Works. Sec. 14-160 through Sec. 14-161 Reserved for Future Use. Division IV.Parade(Tier II)Specific Regulations. Sec. 14-162 Special event permit required for parades (Tier II events). No person shall engage in or conduct a parade without first obtaining a special event permit issued as provided in the specific regulations set forth in this Division. a) Special event permit for parade—required information: 1) Name, address,telephone number and email of applicant; and 2) Name, address,telephone number and email of the event organizer, if any; and 3) Name, address, telephone number and email of the headquarters of the organization for which the parade is to be conducted; and 4) Type of event classification; and 5) Name of the official charity partner, if any, of the parade; and 6) Statement of purpose of the proposed parade; and 7) Statement of any fees to be charged to participate in the proposed parade; and 8) Number of sponsors, if any, of the proposed event; whether the parade has different categories of activities; the number of anticipated participants in each category; and the number of volunteers who will be assisting the applicant along the proposed parade route; and 9) Approximate number of persons who would witness the proposed parade along the route proposed; and 10) Date, time and estimated duration of the parade, including the time when registration is proposed to begin, the proposed time needed to organize before and disperse after the parade, and any possible alternative dates and times;and 11) Description of the route to be traveled, including the proposed starting point, the identification of and the directions to be followed on all streets,the termination point; and any areas proposed to be used to set up before and disperse after the parade; and 12) Map of the proposed route to be traveled clearly delineating all of the proposed affected streets, compass coordinates, and any anticipated street closures which may be needed; including the locations where traffic security officers will be necessary; and 13) Approximate times when assembly for, and disbanding of the proposed parade is to take place; and 14) Whether the proposed parade is new or a recurring event; and Special Event and Parade Regulations Ordinance Page 121 15) Approximate number and types of animals, vehicles, and floats which will constitute the parade; and 16) Description of any sound amplification equipment to be used in connection with the parade, if any; and(17) Lost and Found Plan including description of usage of signage, PA announcements, and/or pre-parade handouts; and 18) Inclement weather plan in the event of a tornado warning, tornado watch, thunderstorm, dangerously high or low temperatures, and the alert system proposed for those participating; and 19) Proposed traffic management plan,including but not limited to provisions of personnel and location of proposed barricades and/or viewing stand bleachers which will be needed; 20) Proposed Clean-Up Plan to remove any and all waste, trash and litter resulting from the parade; and whether the City's public services and/or private resources are to be used; and 21) Mitigation of Impact Plan which provides community and public notice of the potential impact of the proposed parade on residents and businesses which may be affected by the proposed parade route; and 22) Certification that the applicant will be financially responsible for any City fees and/or costs which may be imposed pursuant to this Article. b) Additional Requirements: At the time of filing a completed application,the applicant shall file: 1) Certificate of Insurance confirnung the existence of a liability policy of not less than 700,000 per occurrence and $1,000,000 aggregate, which specifically names the City of South Bend, Indiana, as an additionally named insured for the event, unless specifically waived in whole or in part by the Board of Public Works; 2) Indemnification Agreement:The applicant for a special event permit and if there is an event organizer,must further agree to jointly and severally indemnify and hold the City harmless against liability for any and all claims for damage to property, or injury to, or death of, persons arising out of or resulting from the issuance of a permit under this Division or the conduct of the special event or its participants; 3) Proof of confirmation of any additional licenses, permits and documentation from other agencies which are required for the event; and 4) Affidavit of applicant: The applicant must certify on a form provided by the City, by affirmation, that information provided in the application and additional documentation is true and correct; and- that the applicant agrees to comply with all applicable local, state and federal regulations; and 5) Public disclosure information: The City recognizes that the public has a legitimate interest in being informed about parades,particularly as they directly relate to potential impacts on areas surrounding such events. Accordingly, the information provided by the applicant addressing the following shall be subject to public disclosure: i) parade title ii) parade summary Special Event and Parade Regulations Ordinance Page 122 iii) name and contact information for parade organizer iv) parade website address v) dates and times of the proposed parade vi) location of the parade vii) projected attendance/participants viii) participation fee(s), if any ix) additional public contacts x) community outreach efforts xi) Fees, costs,and charges incurred 6) Non-refundable application fee of Fifty Dollars ($50.00)made payable to the City. Sec. 14-165 Special Event application for parades--review criteria u a) Application Review: Applications filed with the Special Event Coordinator shall be referred to the appropriate City Departments including but not limited to the South Bend Police Department, the South Bend Fire Department, and the Department of Public Works' Division of Transportation23, and when applicable to the Board of Park Commissioners, for review and advisory recommendations back to the Special Event Committee. Upon receipt of all internal reviews, the Special Event Committee shall determine whether a special event permit for a parade should be issued based on the following criteria: 1) Whether the information contained in the application required by this Division is complete, whether it is incomplete in any required item, or contains misleading or false information; 2) Whether there is adequate traffic management based on the time, place, or size of the proposed parade, including the assembly area(s) around route of the parade, will unreasonably interfere with the safe and expeditious movement of pedestrian and vehicular traffic,ingress or egress to or use of adjoining private property,or unreasonably disrupt the use of a street when it is usually subject to significant traffic congestion; 3) Whether there are sufficient parking places near the location of the parade to accommodate the number of vehicles reasonably expected; 4) Whether the proposed parade would present an unreasonable danger to the health or safety of the parade participants or other members of the public, or cause damage to public or private property; 5) Whether the conduct of the proposed parade will require the deployment of sworn members of the Police Department resulting in a substantial public service being delivered by that 22 Top 12 Things to Include in Parade Safety Plans-A Guide for Cities,Counties and Local Governments published by the National League of Cities is on file in the Office of the City Clerk and was used in the drafting of these regulations. 2s The Division of Transportation consists of four(4)bureaus,namely the Bureau of Streets,Bureau of Traffic and Lighting,Bureau of Municipal Service and Building Maintenance,and Bureau of Sewers. Special Event and Parade Regulations Ordinance Page 123 Department and the anticipated costs for such deployment needed to protect public health and safety,persons and property; 6) Whether a permit has been granted for the same time and approximate location, or would unreasonably interfere with another parade or special event for which a permit has been issued; 7) Whether the proposed parade would substantially interfere with any construction or maintenance work schedule(s)along the proposed parade route; 8) Whether there is a need to address adequate health and/or medical services proposed to be provided to address hydration and sanitation needs of those participating in the parade; 9) Whether there is adequate recycling and waste collection services proposed to be provided; and 10) Whether the applicant has previously violated the provisions of a similar permit or has violated City ordinances, or any other regulations in connection with a previous parade in the City; and 11) Acknowledgement of any additional requirements addressing temporary signs and/or zoning requirements; 12) Whether the proposed parade will have a substantial impact and/or be required to use substantial public services, which in such case, a cost sharing fee calculated pursuant to Division II of this Article shall be made a condition of the issuance of the Parade Permit; and 13) Any other conditions the Special Event Committee believes are necessary to protect the public health, safety and welfare of the City, such as a proposed sanitation plan including but not limited to the provision of toilets and wash stations,an appropriate number of which are compliant with the Americans with Disabilities Act(ADA). b) From a consideration of the completed application and from such other information as may otherwise be obtained,if the applicant has satisfactorily addressed all of the applicable requirements in this Article, the Special Event Committee may authorize the issuance of a special event permit for a parade to the applicant. Sec. 14-166 Designated parade route. a) Except where the applicant for a special event permit for a parade demonstrates to the satisfaction of the Special Event Committee, upon consultation with the Police Department, the Fire Department, and the Department of Public Works, that there are factors requiring an exception, all parades shall confine themselves to and follow one(1) of the following designated street route(s): 1) Riverside Drive Route 2) Northside Boulevard Route 3) Rum Village Route 4) Rum Village Oval Route 5) Boehm/Tarkington Route Special Event and Parade Regulations Ordinance Page 124 Sec. 14-167 Parade permit-issuance,contents,display and nontransferable. a) The Special Event Committee shall take final action upon a completed application for a special event permit for a parade as soon as practicable. b) Final action on a completed special event permit application for a parade shall consist of one(1)of the following: 1) Authorization that a special event permit for a parade be issued in accordance with the terms of the completed application found to be in compliance with this Article; or 2) Authorization that a special event permit for a parade be issued in accordance with the terms and conditions modified and agreed to between Special Event Committee and the applicant; or 3) Denial of the special event permit for a parade application by the Special Event Committee with notice being given by the Committee to the applicant of provisions for review by the Board of Public Works as set forth in Section 14-134(f) of this Article. c) Each special event permit for a parade authorized to be issued to the applicant by the Special Event Committee must contain the following information or conditions when applicable: 1) Starting date,time and durations of the parade; 2) Minimum and maximum speeds for the parade; 3) Maximum interval of pace to be maintained between the units of the parade; 4) Portions of any public way, sidewalk or public area to be traversed,utilized, or occupied; 5) Maximum length of the parade in miles or fractions thereof; 6) Conditions or restrictions imposed; 7) Parade permit number; and 8) Other information the Board of Public Works deems appropriate for the conduct of the parade and the enforcement of this Article. d) A copy of the parade permit shall be exhibited upon demand of any City official. e) A parade permit is non-transferable. Sec. 14-168 Notice of granting special event permit for a parade; responsibilities of Special Event Coordinator Upon the Board of Public Works authorizing the issuance of a special event permit for a parade,the Special Event Coordinator shall be required to see that: a) Notice of such approval is sent to the applicant and to all affected City Departments and to any other persons or entities involved with the implementation of the parade. b) Update the City's website by listing the date,name, access to more detailed information about the parade required by Section 14-136. Sec.14-169 Date of parade not confirmed until permit issued. Special Event and Parade Regulations Ordinance Page 125 No date shall be considered confirmed until a Parade special event permit for a parade is issued by the City. Sec. 14-170 Cost.recovery for parades. If the Board of Public Works determines that cost recovery is required for a parade,the provisions of Section 14-146 through Section 14-148 shall apply as a condition of a parade permit being authorized by the Board of Public Works. Sec. 14-171 Duties of applicant issued parade permit. An applicant whose parade permit application was approved and has been issued a parade special event permit by the City shall comply with the governing regulations in this Article,and any additional conditions or restrictions imposed by the Board of Public Works. Sec. 14-172 through Sec.14-174 Reserved for Future Use. Division V. Enforcement and Penalties. Sec. 14-175 Violations; remedies. a) A violation of any provision of this Article shall be punishable as provided in South Bend Municipal Code Section 1-23. b) Additionally,whenever an event is conducted without a obtaining a permit required by this Article, the event organizer shall be responsible for,and the City shall charge the event organizer for,all City costs incurred as a result of the adverse impacts of the event on City services,and any damages to public property which may have been caused from such event being unlawfully held. c) Any person engaged in the selling or distributing of illegal, non-licensed, or unauthorized merchandise,regardless of whether said person has received a permit under this Article, shall be subject to the immediate impoundment of said merchandise.Any Indiana Law Enforcement Academy certified officer employed by the event sponsor for copyright and merchandising purposes shall be authorized to inspect the merchandise of licensed entities related to copyright infringement and trademark violation. Sec. 14-176 Police Department; other powers. Nothing in this Article shall act to limit or otherwise prohibit the Police Department from exercising its authority as provided in this South Bend Municipal Code or the Indiana Code. Sec. 14-177 through Sec. 14-179 Reserved for Future Use. Section H. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Special Event and Parade Regulations Ordinance Page 126 Section III. This ordinance hereby repeals as unnecessary Chapter 14, Article 11, Sections 14-93 through 14-95 inclusive of the South Bend Municipal Code, the relevant content of which has been incorporated into this new Chapter 14. Section IV. 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 with an effective date of January 1, 2019. 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 2018, at o'clock .m. Office of the City Clerk Approved and signed by me on the day of 2018,at o'clock_.m Mayor, City of South Bend, Indiana