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APR 0 8 2020
Tim Scott South Bend Common Council j A iril 8, 2020
President 4th Floor, County-City Buil ing DAWN M.JONES
Karen L. White
South Bend, IN 46601 CITY CLERK,SOUTH BEND,IN
Vice-President Re: AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH
Sharon L.McBride BEND, INDIANA, ADDING CHAPTER 2, ARTICLE 6, SECTION 2-
Chairperson,Committee 84.17 TO THE SOUTH BEND MUNICIPAL CODE TO SUSPEND
of the Whole MUNICIPAL CODE SECTIONS 2-84.13, 2-84.14, AND 2-84.15 FOR
SIXTY (60) DAYS DUE TO THE DECLARATION OF A LOCAL
Tim Scott
DISASTER EMERGENCY RESULTING FROM CORONAVIRUS
First District DISEASE 2019
Henry Davis,Jr.
Second District Dear Council Members:
Sharon L. McBride As you know, the entire country, including the City of South Bend, is
Third District suffering from a pandemic of Coronavirus disease 2019 (COVID-19). In
Troy Warner response, the Governor has issued several Executive Orders which
Fourth District essentially limit actions of governmental bodies to "Essential Government
Functions" as defined in the Executive Orders. Similarly, Mayor Mueller, on
Jake Teshka March 19, 2020 declared a local disaster emergency.
Fifth District
The South Bend Municipal Code establishes certain deadlines relating to tax
Sheila Niezgodski abatements. Section 5-38(a)requires a public hearing within ten(10)
Sixth District
calendar days after a determination that probable cause exists to believe an
Karen L. White animal is potentially dangerous or vicious. Section 2-84.13 requires the
At Large Department of Community Investment to send, on or before April 15 of each year,
Rachel Tomas Morgan paperwork to the recipients of tax abatements, who must return the completed
At Large paperwork to the Department of Community Investment on or before May 15.
Section 2-84.14 sets forth a fine for the failure of a tax abatement recipient to
Lori K. Hamann return such paperwork on or before May 15. Section 2-84.15 requires the
At Large Department of Community Investment to provide a report to the Common Council
on or before June 15, which report includes information received in the paperwork
from the recipients of tax abatements.
This proposed ordinance delays the deadlines contained in these ordinances
for sixty(60) days due to COVID-19.
We therefore ask that this proposed ordinance be scheduled for first reading
at the Council's meeting on April 13, 2020. Due to the ongoing emergency,
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we also ask the Council to conduct the second and third readings of the ordinance on April 13,
2020.
Thank you for your attention to this very important matter. We look forward to your support.
Sincerely yours,
4441.1 Yah
Jake Teshka, South Bend Common Council,
Fifth District(Sponsor)
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Rachel Tomas Morgan, South Bend
Common Council, At Large(Co-Sponsor)
Filed in Clerk's Office
BILL NO. 17-20 APR 0 8 2020
DAWN M.,TONES
ORDINANCE NO. 10717-20 I CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA,
ADDING CHAPTER 2, ARTICLE 6, SECTION 2-84.17 TO THE SOUTH BEND
MUNICIPAL CODE TO SUSPEND MUNICIPAL CODE SECTIONS 2-84.13,2-
84.14,AND 2-84.15 FOR SIXTY (60) DAYS DUE TO THE DECLARATION OF A
LOCAL DISASTER EMERGENCY RESULTING FROM CORONAVIRUS
DISEASE 2019
STATEMENT OF PURPOSE AND INTENT
Governor Eric J. Holcomb, in response to the Coronavirus disease 2019
("COVID-19"), issued Executive Order 20-08 on March 23, 2020 and Executive Order
20-18 on April 6, 2020. Those Executive Orders, with specified exceptions, ordered all
individuals currently living in the State of Indiana to stay home or their place of
residence. Similarly,the Mayor of South Bend, on March 19, 2020 declared a local
disaster emergency. This Ordinance addresses the filing requirements set forth in
Sections 2-84.13, 2-84.14, and 2-84.15 due to the declaration of a local disaster
emergency resulting from COVID 19. Section 2-84.13 requires the Department of
Community Investment to send, on or before April 15 of each year, paperwork to the
recipients of tax abatements, who must return the completed paperwork to the
Department of Community Investment on or before May 15. Section 2-84.14 sets forth a
fine for the failure of a tax abatement recipient to return such paperwork on or before
May 15. Section 2-84.15 requires the Department of Community Investment to provide a
report to the Common Council on or before June 15, which report includes information
received in the paperwork from the recipients of tax abatements.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
South Bend, Indiana, as follows:
Section I. Chapter 2, Article 6, Section 2-84.17 is added to the South Bend
Municipal Code to read as follows:
2-84.17 Delay of Certain Municipal Code Requirements
As a result of any Stay at Home or similar order by whatever name issued by the
Governor of Indiana or the declaration of a local disaster emergency by the Mayor of
South Bend, the requirements Sections 2-84.13, 2-84.14, and 2-84.15 shall be delayed for
a period of sixty (60) days, such that the Department of Community Investment shall
send required paperwork to any tax abatement recipient on or before June 15 and such tax
abatement recipients shall return such paperwork to the Department within thirty(30)
days thereafter, and the Department shall subsequently provide its annual summary to the
Common Council on or before August 15.
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.
Tim Scott, Council President
South Bend Common Council
Attest:
Dawn M. Jones, 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 , 2020, at
o'clock . m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2020, at
o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana