HomeMy WebLinkAbout07-22-2019 Agenda Packet MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: KAREEMAH FOWLER, CITY CLERK
DATE: JULY 18, 2019
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, July 22, 2019:
Council Informal Meeting Room 4th Floor County-City Building 227 W. Jefferson Blvd.
South Bend, IN 46601
3:30 P.M. PERSONNEL & FINANCE CHAIRPERSON, WHITE
1.Bill No. 20-19- Supplemental Bond Ordinance2.Bill No. 23-19- Additional Appropriation Ordinance
3:45 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, BRODEN 1.Substitute Bill No. 21-19- Ordinance to Amend Chapter 5, Various Articles: Responsible Animal and Pet Ownership Care and Control Regulations 4:20 P.M. UTILITIES CHAIRPERSON, TESHKA 1.Update: Utilities Customer Assistance Program-Kara Boyles, City Engineer- Engineering Department
4:50 P.M. COMMUNITY RELATIONS CHAIRPERSON, PRESTON 1.Update: Proposal -Discussion of Restorative Justice Initiative
5:05 P.M. ZONING & ANNEXATION CHAIRPERSON, DAVIS
1.Update: Zoning Ordinance- Tim Corcoran, Director of Planning- Community Investment2.3rd Substitute Bill No. 15-19- CBD Zoning Ordinance Amendment
Council President Tim Scott has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Zoning and Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, T. SCOTT
1. Discussion of Council Agenda2.Update and Announcements3. Adjournment
cc: Mayor Pete Buttigieg Committee Meeting List Media
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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
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SOUTH BEND COMMON COUNCIL
MEETING AGENDA
Monday, July 22, 2019 7:00 P.M.
1.INVOCATION- PASTOR LARRY CHRISMAN, FIRST UNITED METHODIST
CHURCH
2.PLEDGE TO THE FLAG
3.ROLL CALL
4.REPORT FROM THE SUB-COMMITTEE ON MINUTES
5.SPECIAL BUSINESS
6.REPORTS FROM CITY OFFICES
7.COMMITTEE OF THE WHOLE TIME:_____ BILL NO.
15-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED
USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD CENTRAL BUSINESS DISTRICT
20-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, SUPPLEMENTING AND
AMENDING ORDINANCE NO. 9937-09 FOR THE PURPOSE OF AUTHORIZING THE MODIFICATION OF CERTAIN CONTRACTUAL RIGHTS OF THE CITY, THE EXECUTION AND DELIVERY OF ITS AMENDED WATERWORKS REVENUE BONDS OF 2009, SERIES B, AND APPROVING CERTAIN RELATED MATTERS IN CONNECTION
THEREWITH
21-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER FIVE OF THE SOUTH BEND MUNICIPAL CODE, GENERALLY KNOWN AS THE RESPONSIBLE ANIMAL AND PET
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OWNERSHIP CARE AND CONTROL REGULATIONS, BY UPDATING ENTITY NAME DEFINITIONS AND MANAGER RESPONSIBILITIES
23-19 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF $500,000 FROM ECONOMIC DEVELOPMENT
INCOME TAX (#408).
8. BILLS ON THIRD READING TIME:______
BILL NO. 15-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3 COMMERCIAL / MIXED USE DISTRICTS TO REPEAL AND REPLACE SECTION 21-03.06 CBD
CENTRAL BUSINESS DISTRICT
20-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SUPPLEMENTING AND AMENDING ORDINANCE NO. 9937-09 FOR THE PURPOSE OF
AUTHORIZING THE MODIFICATION OF CERTAIN CONTRACTUAL RIGHTS OF THE CITY, THE EXECUTION AND DELIVERY OF ITS AMENDED WATERWORKS REVENUE BONDS OF 2009, SERIES B, AND APPROVING CERTAIN RELATED MATTERS IN CONNECTION THEREWITH
21-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS ARTICLES AND SECTIONS OF CHAPTER FIVE OF THE SOUTH BEND MUNICIPAL CODE, GENERALLY KNOWN AS THE RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS, BY UPDATING
ENTITY NAME DEFINITIONS AND MANAGER RESPONSIBILITIES
23-19 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2019 OF $500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX (#408).
9. RESOLUTIONS
10. BILLS ON FIRST READING
BILL NO.
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22-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6,
ARTICLE 1, SECTION 6-4 OF THE SOUTH BEND MUNICIPAL CODE TO
REQUIRE PAYMENT OF ALL PAST PERMIT AND INSPECTION FEES AND COMPLIANCE ALL APPLICABLE ZONING ORDINANCES PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, EXCEPTING CERTAIN BUILDING PERMITS ISSUED IN ACCORDANCE WITH LAW PRIOR TO THE
EFFECTIVE DATE OF THIS AMENDED ORDINANCE
24-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFSOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE BY REPEALING CURRENT CHAPTER 20, ARTICLE 13 AND THE INCLUSION OF NEW CHAPTER 20, ARTICLE 13, ENTITLED
“REGULATIONS ON THE USE OF HAND-HELD MOBILE OR WIRELESS
TELEPHONES, ELECTRONIC COMMUNICATIONS DEVICES AND TELECOMMUNICATIONS DEVICES WHILE DRIVING”
25-19 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OFTHE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS IN 2019 OF $180,070 FROM GENERAL FUND (#101)
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 officiate 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.
2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19)
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 John Voorde, Member
Gavin Ferlic, Vice-Chairperson Jo M. Broden, 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 Karen L. White, Vice-Chairperson John Voorde, 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 Jake Teshka, Member
Gavin Ferlic, 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
Jake Teshka, Vice-Chairperson John Voorde, Member
2019 COMMON COUNCIL STANDING COMMITTEES (Rev. 01-10-19)
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
John Voorde, Vice-Chairperson Jo M. Broden, 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 Karen L. White, 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 Sharon L. McBride, 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, Member
Jake Teshka, Member
2019 COMMON COUNCIL STANDING COMMITTEES (Rev.01-10-19)
TIM SCOTT, 1ST District Council Member
President Information and Technology Committee, 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
Public Works & Property Vacation, Vice-Chair Information & Technology Committee, Member Utilities Committee, Member
Residential Neighborhoods 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 Community Relations Committee, Member
Personnel and Finance Committee, Member JAKE TESHKA, 5TH District Council Member Utilities Committee, Chairperson Council Rules Committee, Member PARC Committee, Vice-Chairperson Information and Technology Committee, Member Sub-Committee on Minutes, Member OLIVER J. DAVIS, 6TH District Council Member
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 Community Investment Committee, Chairperson Council Rules Committee, Member Information & Technology Committee, Vice-Chairperson Zoning & Annexation Committee, Member
Community Relations Committee, Vice-Chairperson KAREN L. WHITE, AT LARGE Council Member
Vice-President
Residential Neighborhood Committee, Chairperson Council Rules Committee, Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Member Health & Public Safety Committee, Vice-Chairperson JOHN VOORDE, AT LARGE Council Member Chairperson, Committee of the Whole Public Works & Property Vacation, Chairperson Community Relations Committee, Member
Zoning & Annexation Committee, Vice-Chairperson PARC Committee, Member Personnel and Finance Committee, Vice-Chairperson Health and Public Safety Committee, Member
3rd SUBSTITUTE BILL NO. 15-19
UTHg4Nom.
1200N COUNTY-CITY BUILDING PHONE 574.235.9216
227 W. JEFFERSON BLVD. y PFA(E FAX 574.235.9928
SOUTH BEND,INDIANA 46601-183029 "1 .4
1865
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
1,--Firein Cleric's Office I
June 24,2019
I JUL 01 2019 \
Mr.Tim Scott,President y'
FbWLCBJ
City of South Bend Common Council pcp,REE 11H
227 W.Jefferson Boulevard,4th Floor CITY CLERK,SOUTH BENDIN
South Bend,Indiana 46601
RE:Supplemental Bond Ordinance
Dear President Scott,
The City of South Bend was recently contacted by the Indiana Bond Bank with an opportunity to
refinance an outstanding Water Works Bond Issue.Given current interest rates,this opportunity
would allow the City to save a substantial amount of money on interest expense.The attached
Supplemental Bond Ordinance authorizes the City to amend its original bonds.
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 July 8,2019 with 2nd reading,public hearing
and 3rd reading scheduled for July 22,2019.
Thank you for your attention to this request.If you should have any questions,please feel to contact
me at 574-235-9822.
Regards,
Daniel T.Parker
City Controller
BILL NO. 20-19
BILL NO. 20-19
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, SUPPLEMENTING AND AMENDING ORDINANCE NO.
9937-09 FOR THE PURPOSE OF AUTHORIZING THE MODIFICATION OF
CERTAIN CONTRACTUAL RIGHTS OF THE CITY, THE EXECUTION
AND DELIVERY OF ITS AMENDED WATERWORKS REVENUE BONDS
OF 2009, SERIES B, AND APPROVING CERTAIN RELATED MATTERS IN
CONNECTION THEREWITH
STATEMENT OF PURPOSE AND INTENT
The City of South Bend, Indiana (the "City"), has heretofore established, constructed,
and currently owns and operates a waterworks system (the "Utility"), pursuant to the provisions
of Indiana Code 8-1.5, as amended.
On November 19, 2009, the City issued its bonds designated as the "City of South Bend,
Indiana, Waterworks Revenue Bonds of 2009, Series B" in the original aggregate principal
amount of$5,380,000 (the "Original Bonds"), which are payable from the net revenues of the
Utility, in order to provide funds to pay the costs of certain works of improvement to the Utility
and to pay incidental charges in connection therewith, all pursuant to Ordinance No. 9937-09
adopted by the Common Council of the City (the "Common Council") on June 8, 2009 (the
Original Ordinance"). These Original Bonds are outstanding in the aggregate principal amount
of approximately$3,835,000.
Pursuant to the terms of the Original Bonds and the Qualified Entity Purchase
Agreement, dated November 11, 2009 (the "Original Purchase Agreement"), by and between the
City and the Indiana Bond Bank (the "Bond Bank"), the Original Bonds maturing on or after
January 1, 2021, are subject to redemption prior to maturity, at the option of the City, on any date
on or after January 1, 2020 (such rights hereinafter referred to as the"Call Rights").
The Bond Bank previously issued its Indiana Bond Bank Special Program Bonds, Series
2009 C-1, dated November 19, 2009, in the aggregate principal amount of $22,235,000 (the
Prior Bond Bank Bonds"), for the purpose, in part, of providing funds to purchase the Original
Bonds from the City, and the Bond Bank has authorized and intends to issue one or more series
of its Indiana Bond Bank Special Program Refunding Bonds, Series 2019 A, with such further or
different series designation as may be determined by the Bond Bank (collectively, the
Refunding Bond Bank Bonds"), for the purpose ofrefinancing the outstanding Prior Bond Bank
Bonds and paying all costs of issuance related thereto, in order to achieve interest cost savings
due to favorable market conditions (the"Refunding Program").
As a condition to sharing a portion of the economic benefits associated with the
Refunding Program with the City, the Bond Bank has requested that (a) the City modify the Call
Rights and evidence the modification of such Call Rights and receipt of such Call Rights
Modification Credit (as hereinafter defined) (all in exchange for receiving a portion of the
economic benefits associated with the Refunding Program) by executing and delivering its
Amended Bonds (as hereinafter defined), and (b) upon the closing on the Refunding Bond Bank
Bonds and satisfaction of the other terms and conditions set forth herein, exchanging the
Amended Bonds for the outstanding Original Bonds. Pursuant to the terms of the Original
Ordinance, the City may grant or confer upon the owners of the Original Bonds any additional
benefits, rights, remedies, powers, authority or security that may lawfully be granted to or
conferred upon the owners of the Original Bonds, or to make any change which, in the judgment
ofthe City, is not to the prejudice of the owners of the Original Bonds.
Furthermore, the terms of the Original Ordinance provide that, the City may, from time
to time and at any time, without consent of, or notice to, any of the owners of the Original
Bonds, amend the Original Ordinance for any purpose if in the judgment of the City such
amendment does not adversely affect the interests of the owners of the outstanding Original
Bonds.
As of the date of filing of this ordinance, the Bond Bank is the registered owner of all of
the outstanding Original Bonds, and the City desires to adopt this supplemental ordinance (the
Supplemental Ordinance") in order to supplement and amend the Original Ordinance (the
Original Ordinance, as supplemented and amended by this Supplemental Ordinance, collectively,
the "Ordinance") for the purpose of authorizing the modification of the Call Rights and the
execution and delivery of the Amended Bonds (in order to evidence the modification of such
Call Rights), all in consideration for the Bond Bank (a) crediting to the City a portion of the
economic benefits associated with the Refunding Program in an amount estimated to be, based
upon current market conditions, approximately $1,135,539 (the "Call Rights Modification
Credit"), with such Call Rights Modification Credit being in the form of a reduction in one or
more payments of debt service on the Original Bonds (which will be evidenced by the Amended
Bonds), and (b) returning all of the outstanding Original Bonds to the City. The Common
Council has determined that a significant benefit to the City in the amount of the Call Rights
Modification Credit will be effected by assisting the Bond Bank in the undertaking of the
Refunding Program, and that the modification of the Call Rights and the execution and delivery
of the Amended Bonds will not adversely affect the owners of the Original Bonds upon the
execution and delivery of the Amended Bonds. The Common Council further finds that all
conditions precedent to the adoption of this Supplemental Ordinance have been complied with in
accordance with the provisions of Indiana Code 5-1-5 and Indiana Code 8-1.5, each as amended
collectively, the"Act"), to the extent each is applicable hereto.
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION I. Authorization of Transaction; Modification of Call Rights. The Common
Council hereby determines that (a) the receipt of the Call Rights Modification Credit (in the form
described in the recitals hereof) in exchange for the modification of the Call Rights by the City,
and (b) the execution and delivery by the City of the Amended Bonds to the Bond Bank in
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exchange for the outstanding Original Bonds now held by the Bond Bank, in order to evidence
the modification of such Call Rights and the receipt of the Call Rights Modification Credit
clauses (a) and (b), collectively, the "Transaction"), is in the best interests of the City and is
consistent with and in furtherance of the purposes for which the City was created and exists.
Accordingly, the City is hereby authorized to modify the Call Rights and to execute and deliver
the Amended Bonds, all in accordance with the terms and conditions of this Supplemental
Ordinance.
SECTION II. The Amended Bonds. In accordance with the Act and for the purpose of
the Transaction, the City shall execute and deliver its amended bonds designated as the "City of
South Bend, Indiana, Amended Waterworks Revenue Bonds of 2009, Series B", in an original
aggregate principal amount not to exceed the aggregate principal amount of the Original Bonds
which are currently outstanding (the "Amended Bonds"), and exchange the Amended Bonds for
all of the outstanding Original Bonds.
SECTION III. Except where inconsistent with the provisions of this Supplemental
Ordinance, the terms and conditions of the Amended Bonds shall be the same as those of the
outstanding Original Bonds as provided in the Original Ordinance; provided, however, if
requested by the Bond Bank, the Amended Bonds may be issued as one or more term bonds
subject to mandatory sinking fund redemption payments. The form of the Amended Bonds shall
be substantially in the form set forth in the Original Ordinance, with such conforming changes as
shall be necessary to reflect the terms and conditions set forth in this Supplemental Ordinance
and in the Amended Purchase Agreement (as defined herein), including the modification of the
Call Rights. The Amended Bonds shall be executed and delivered in the same manner and in
accordance with the terms and conditions of the Original Ordinance and the Act.
SECTION IV. Redemption Provisions of the Amended Bonds. Notwithstanding
anything in the Original Ordinance, the Original Purchase Agreement or the Original Bonds to
the contrary, (a) if in the best interests of the City as determined by the Controller of the City (the
Controller"), the Call Rights may be modified so that the Amended Bonds shall be subject to
redemption at the option of the City on any date on or after the first optional redemption date on
the Refunding Bond Bank Bonds (if any), at a redemption price equal to the principal amount
thereof so called for redemption plus accrued interest to the date fixed for redemption, or(b) if in
the best interests of the City as determined by the Controller, the Call Rights may be waived so
that the Amended Bonds shall not be subject to optional redemption prior to maturity.
SECTION V. Application of Call Rights Modification Credit. The Common Council
hereby agrees that the Call Rights Modification Credit shall be applied to reduce one or more
semi-annual debt service payments on the Original Bonds, and that such reductions of one or
more semi-annual debt service payments shall be evidenced by the Amended Bonds. Prior to the
undertaking of the Refunding Program, the Controller is authorized to select the manner by
which the City desires to apply the Call Rights Modification Credit to the debt service
payment(s) on the Amended Bonds, and to notify the Bond Bank, in writing, of such
determination. The determination of the manner for applying the Call Rights Modification Credit
shall be set forth in a schedule to be attached to the Amended Purchase Agreement (as defined
herein). The Common Council of the City hereby further authorizes the Mayor, the City Clerk
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and/or the Controller to execute all such documents and take such actions as may be necessary or
appropriate to effectuate the option selected by the Controller.
SECTION VI. Authorized Denominations of Amended Bonds. Notwithstanding
anything in the Original Ordinance, the Original Purchase Agreement or the Original Bonds to
the contrary, the Amended Bonds shall be executed and delivered in such denominations as shall
be requested by the Bond Bank.
SECTION VII. The Amended Purchase Agreement. The Qualified Entity Purchase
Agreement, in substantially the form attached as Exhibit A hereto and made a part hereof(the
Amended Purchase Agreement"), is hereby approved. The Mayor and the Controller of the
City are each hereby authorized and directed to execute the Amended Purchase Agreement, with
such changes in form or substance as the officers of the City executing the same may hereafter
approve in order to best fulfill the purpose of the Transaction, and with any such approval to be
conclusively evidenced by the execution thereof, and to deliver the Amended Purchase
Agreement and the Amended Bonds to the Bond Bank.
SECTION VIII. Offering Document / Continuing Disclosure Agreement. Use of
information concerning the City in any offering materials, including a preliminary official
statement, final official statement or private placement memorandum of the Bond Bank
collectively, the "Offering Document") and distributed in connection with the undertaking of
the Refunding Program, is hereby authorized, ratified and approved. The Mayor, the City Clerk
and the Controller of the City, or their authorized designees, are each hereby authorized and
directed to have prepared and delivered to the Bond Bank, an underwriter or a purchaser any
information required for such use and further to deem and determine, if necessary, those portions
of the Offering Document, if any, relating to the City as near final for purposes of Rule 15c2-12
of the United States Securities and Exchange Commission, as amended (the "SEC Rule").
Further, if necessary, the Mayor and the Controller of the City, or their authorized designees, are
each hereby authorized and directed to execute a continuing disclosure agreement, in a form and
substance acceptable to the Mayor and the Controller of the City, in order to allow any
underwriter of the Refunding Bond Bank Bonds to comply with the SEC Rule if necessary.
SECTION IX. Further Actions. The Mayor, the City Clerk and the Controller are each
hereby authorized and directed, for and on behalf of the City, to execute, attest and seal all such
documents, instruments, certificates, closing papers and other papers and do all such acts and
things as may be necessary, desirable or appropriate to effect the Transaction and the Refunding
Program and to carry out the purposes of this Supplemental Ordinance and the execution and
delivery of the Amended Bonds in accordance with the Ordinance, including, but not limited to,
the execution of any certificates, purchase agreements, continuing disclosure agreements or other
documents necessary to effect the Transaction and the Refunding Program, and any and all
actions, documents, agreements and certificates heretofore taken or executed in connection with
the Transaction and the Refunding Program or this Supplemental Ordinance, be, and hereby are,
ratified and approved.
SECTION X. Construction with Other Ordinances. This Supplemental Ordinance is
hereby intended to amend and supplement the Original Ordinance, and to the extent of any
inconsistencies or conflicts, if any, between any provision or provisions of this Supplemental
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Ordinance and the Original Ordinance, the provisions of this Supplemental Ordinance shall be
controlling and binding. All ordinances or parts of ordinances, except the Original Ordinance as
supplemented and amended by this Supplemental Ordinance, in conflict with the Ordinance are
hereby repealed. Unless the context otherwise requires and except as supplemented herein, any
references in the Original Ordinance to the Original Bonds shall mean the Amended Bonds and
any accounts created and maintained by the City for the benefit of holders of the Original Bonds
shall now be maintained, and the funds therein shall now be held, for the benefit ofthe holders of
the Amended Bonds.
SECTION XI. Effective Date. 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 2019, at
o'clock . m.
Kareemah N. Fowler, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2019, at o'clock
m.
Pete Buttigieg, Mayor
City of South Bend, Indiana
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EXHIBIT A
FORM OF AMENDED PURCHASE AGREEMENT
attached)
DMS 14558681v2
A-1
SUBSTITUTE BILL NO. 21-19
21-19
SoUTEf e
1200N COUNTY-CITY BUILDING PHONE 574.235.9216
227 W. JEFFERSON BLVD.w PEACE: FAX 574.235.9928
SOUTH BEND,INDIANA 46601-18302.
1x65
CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR
DEPARTMENT OF ADMINISTRATION AND FINANCE
Filed in Clerk's Office
July 2,2019
Mr.Tim Scott,President JUL 0 3 2019
City of South Bend Common Council t_ J
227 W.Jefferson Boulevard,4th Floor KAREEMAH FOWLER
South Bend, Indiana 46601 CITY CLERK,SOUTH BEND, IN
RE:Additional Appropriation Ordinance
Dear President Scott,
City administration is requesting a special additional appropriation outside of our normal,quarterly
appropriation process. This special appropriation ordinance helps to address the condition of
several City streets.
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 July 8,2019 with 2nd reading, public hearing
and 3rd reading scheduled for July 22,2019.
Thank you for your attention to this request. If you should have any questions,please feel to contact
me at 574-235-9822.
Regards,
Daniel T.Parker
City Controller
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BILL NO. 23-19
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN
DEPARTMENTAL AND CITY SERVICES OPERATIONS IN 2019 OF
500,000 FROM ECONOMIC DEVELOPMENT INCOME TAX(#408.). _
Filed in Clerk's Office
STATEMENT OF PURPOSE AND INTENT
JUL 3 2019
The Common Council passed the City's 2019 operating and capital b • .- `EMAP i FOWLER
2018 (Ordinance#10615-18 passed on October 8, 2018),which included : SOUTH END, IN
various City operations. It is now necessary to appropriate additional funds for
operational and capital expenditures necessary for the City to effect provision of services
to its citizens which were not anticipated at the time the City budget was adopted.
NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2019 and
set apart within the following designated funds for expenditures as follows:
FUND Amount
Economic Development Income Tax (EDIT) (#408) $500,000
TOTAL 500,000
Section II. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval of the Mayor.
Member of the Common Council
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of 2018, at o'clock . m.
Deputy City Clerk
BILL NO. 23-19
Approved and signed by me on the day of 2018, at
o'clock . m.
Mayor, City of South Bend, Indiana
Filed in Clerk's Office
JUL 03 2019
KAREEITtriT1 iib-WLER
CITY CLERK,SOUTH BEND, IN
City of South Bend,Indiana
July 2019 Special Appropriation Request
increase or decrease in total fund expenditures)
July2,2019
Bill No.XXXXXX
Budget
Department Account Project Increase/
Fund Name Name AccountName Contact Name Number Number (Decrease)Justification
EDIT Engineering 8Streets Street Maintenance Daniel Parker 408-0607-431.36-10 500,000 Increase funding fora varietyof road projectsthroughout the City
Total Enterprise 500,000
2019 8uaget Arnenamenis 7/3/2019 Page 1
BILL NO. 22-19
BILL NO. 24-19
BILL NO. 25-19