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HomeMy WebLinkAbout03-25-13 Agenda & Packet AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, MARCH 25, 2013 7 : 00 P.M. 1 . INVOCATION - REV. TONY SLAGLE 2 . PLEDGE TO THE FLAG 3 . ROLL CALL 4 . REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING CITY ADMINISTRATION WILL BE KATHRYN ROOS - DEPUTY CHIEF OF STAFF 13-25 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING MARCH AS WOMEN' S HISTORY MONTH IN SOUTH BEND AND HONORING WOMEN WHO ARE MAKING A DIFFERENCE IN THE CITY'S LEGISLATIVE BRANCH 12-26 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOGNIZING "WEAVING THREADS OF RESILIENCE & ADVOCACY: THE POWER OF SOCIAL WORK" THEME FOR 2013 & THE DEDICATED WORK OF SOCIAL WORKERS 6 . REPORTS OF CITY OFFICES 7 . RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 09-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS 10-13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1, SECTION 6-4 . 4 (b) (3) ; RENUMBERING CERTAIN SECTIONS OF CHAPTER 6, ARTICLE 2; AND ADDING A NEW, RENUMBERED SECTION 6-6 .2, CERTIFICATE OF OCCUPANCY, TO CHAPTER 6, ARTICLE 2 8 . BILLS, THIRD READING TIME: BILL NO. 09-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS 10-13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1, SECTION 6-4 . 4 (b) (3) ; RENUMBERING CERTAIN SECTIONS OF CHAPTER 6, ARTICLE 2; AND ADDING A NEW, RENUMBERED SECTION 6-6 .2, CERTIFICATE OF OCCUPANCY, TO CHAPTER 6, ARTICLE 2 9 . RESOLUTIONS BILL NO. 13-27 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 S. MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, INC. 10 . BILLS, FIRST READING BILL NO. 12-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 1998 AND SEWAGE WORKS REVENUE BONDS OF 2004, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION SEVENTY-FIVE THOUSAND DOLLARS ($15, 075, 000) ; ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 13-13 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY EAST OF ST. LOUIS BLVD. FROM WAYNE STREET NORTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET AND A WIDTH OF 14 FEET. SAID ALLEY IS PART OF COTTRELL'S ADDITION TO THE CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST JOSEPH COUNTY, INDIANA 14-13 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6-37 .2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED 11 . UNFINISHED BUSINESS A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1 . BILL NO. 13-24 - SPECIAL EXCEPTION-1047 LINCOLNWAY EAST B. BILL 13-18 - CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD - SET FOR PUBLIC HEARING 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. RESOLUTION NO. 00 , A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,DECLARING MARCH AS WOMEN'S HISTORY MONTH IN SOUTH BEND AND HONORING WOMEN WHO ARE MAKING A DIFFERENCE IN THE CITY'S LEGISLATIVE BRANCH Offemas, the South Bend Common Council notes that in 1987, the United States Congress declared the month of March as"National Women's History Month"and declared that it last into perpetuity; and Ofirepards this declaration provides an opportunity to pause, honor and celebrate the "extraordinary achievements of American women"throughout our city,state and country;and to date,the South Bend Common Council has had ten(10)women elected to serve the citizens in the legislative branch,beginning with Republican member Janet S.Allen who served from 1963-1971;and Council Member at Large Mary Chris Adams was the 2nd woman to serve on the South Bend Common Council serving from 1976-1979; who championed many local fiscal reforms;and r' District Council Member Beverlie J. Beck was the 1st woman to serve as Council Vice- President(1980); 1st women to serve as Council President(`83-`86)and served from 1980-1987;and 2"d District Council Member Eugenia Braboy was the 1S1 African-American woman to serve on the Common Council,serving from'84-87,and as Council Vice-President each of those four(4)years;and Council Member at Large Beverly D. Crone served from 1980-1986, and left the Council to become County Auditor and went on to serve as a St.Joseph County Commissioner;and 4th District Council Member Ann B. Puzzello served from 1984-1995, &the 1St woman to return to the Council,serving from 2004-2011,making her the longest serving women on the Council;and Council Member at Large Loretta J. Duda served from 1988-1995, and left the Council to become South Bend City Clerk in 1996;and 2nd District Council Member Charlotte D. Pfeifer was the 2'd African-American woman to serve on the Common Council,serving from 1996-2007,serving as Council President 3 of those years;and Council Member at Large Karen L. White began serving on the Common Council in 2000; served as Council President in 2003&2004;&continues serving today in many key leadership positions;and fie, 3rd District Council Member Valerie Schey is the most recent woman to be elected to the Common Council,beginning her legislative service in 2012;and e in 1975,the 1S`all women law firm in the state, Cekanski&Swartz was hired to provide legal services to the Council,with Kathleen Cekanski Farrand continuing to provide such legal services today. WXerygro,tatoaarafoerl,date agtmw?,cillanallata NqVaait grand acbleaty Section I. The South Bend Common Council recognizes,honors and celebrates all of the women listed in this Resolution. The Council believes that each of their stories of - ice and dedication should serve as reminders that individuals can indeed make a positive difference in •-ir comm nities. Section II. This Resolution shall be in full force and effec '. and, its adoption by the Council and approval by the Mayor. • istrict LINO `�,��J 'fi r J. Ffvis,6th District Hen ,Jr.,2"d District Derek D.Dieter,At Large Dr.Fred Ferlic,4th District Gavin Ferlic, At Large Dr.David Vamer,5th District geffrogieteda_dyWaragai,2049 John orde,City Clerk Pete Buttigieg,Mayor of South Bend .SOU T ....... .. %xs City of South Bend en S ��••\PEACE�j �` � • Common Council r- 186 5 441 County-City Building . 227 W.Jefferson Blvd (574) ) 235-91 South Bend,Indiana 46601-1830 Fax (574) 235-9173 Derek D. Dieter http://wwwsouthbendin.gov President March 15,2013 Oliver J. Davis Vice-President Members of the Common Council Karen L. White 4th Floor County-City Building Chairperson, Committee South Bend, Indiana 46601 of the Whole Dear Council Members: Tim Scott First District We are very pleased to introduce the following special resolution which will honor the women who have contributed so much to the legislative branch of city Henry Davis, Jr. government. It will also formally declare the month of March as Women's Second District History Month in the City of South Bend. This recognition is long overdue. Valerie Schey Third District The first women to be elected to the City Council was a Republican,Janet Stewart Allen. She was elected as a Council Member at Large in 1962 and served on the Fred Ferlic City Council from 1963-1971. She was truly a pioneer who forged a new path for Fourth District future women to follow. She earned a reputation for meticulously doing her homework, for her high standards of professionalism, and for her keen insights on David Varner many municipal issues when the population of South Bend had peaked at Fifth District 132,445. Not only was Council Member Allen a dedicated public servant but a Oliver J. Davis talented and gifted artist, with a piece of her artwork adorning the entryway to the Sixth District Office of the City Clerk. Derek D. Dieter The City of South Bend is indeed fortunate that nine (9) women to date have At Large followed in the footsteps of Council Member Allen. We are pausing this month to honor them and thank them for their service. We ask that this Resolution be Gavin Ferlic referred to the Community Relations Committee and be unanimously adopted at At Large our March 25,2013 City Council meeting. Thank you. Karen L. White • At Large S ' lY� " 11-' - Davis. Council V' -Presi *Vii2 Derek D. Dieter Council President Cie ■ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, RECOGNIZING"WEAVING THREADS OF RESILIENCE&ADVOCACY:THE POWER OF SOCIAL WORK"THEME FOR 2013& THE DEDICATED WORK OF SOCIAL WORKERS the South Bend Common Council notes that approximately 650,000 individuals have chosen the field of social work as their profession in the United States; and Offenta each year the National Association of Social Work (NASW) selects a theme which reflects the ongoing and enduring goals of their profession, with this year' theme being "Weaving Threads of Resilience and Advocacy: The Power of Social Work";and social workers are professionals who are trained to help individuals struggling with many issues, obstacles and often tragedies;who provide access to a multitude of resources and options,including personal and public advocacy;and one of the bedrock foundations of social work is that it is "...a profession of hope"with countless social work professionals confirming that "...their work is about helping others move forward";and for over one hundred years, Social Workers have helped Americans deal with emotional,psychological,and economic challenges;and professionally trained Social Workers are known for daily helping their clients by using their training,strengths,resilience and self-advocacy to help navigate individuals;and Offemar, today, Social Workers are employed in many private and public agencies, hospitals, schools, universities, businesses, military branches, Veteran Centers, and hospice organizations by providing needed services,often during very trying situations. ova refoloo4*d ammon'aune yofe Ng/{rooa£giren4 lien <Adlana,adigeowo, Section I. The South Bend Common Council joins with many other governmental units across the nation in acknowledging the strength and determination of professionally trained Social Workers. Section II. The Common Council recognizes this year's national theme of"Weaving Threads of Resilience and Advocacy. The Power of Social Work",and the many contributions of America's 650,000 Social Workers provide on a daily basis throughout our country. Section III. This Resolution shall be in full force and effect fro. •by the Council and approval by the Mayor. fter its adoption titorip istrict •li er J.Davis,6"District He ‘Pi?av' ,Jr.,r District Derek D.Dieter,At Large Valerie Schey,3rd District Gavin Ferlic, At Large Dr.Fred Ferlic,4th District Karen_L.White,At I arge Dr.David Varner,5th District �s�`� �---� Kathleen Cekanski Farrand,County Att'y John oorde,City Clerk Pete Buttigieg,Mayor of South Bend 19_ (0, ( 1\ Bill No. -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 13 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ENTITLED CHRONIC PROBLEM PROPERTY REGULATIONS STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that on January 30, 2013, Ronald Teachman was sworn in as the 61St Chief of Police of the South Bend Police Department. During his remarks, Chief Teachman listed the nine (9) basic "Peelian Principles" which have become the basic foundation of law enforcement and community policing. The first principle provides that "The basic mission for which the police exist is to prevent crime and disorder". The third principle provides that "Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public". The Common Council further recognizes that the U.S. Department of Justice Office of Community Oriented Policy Services (COPS) has developed a wide variety of articles setting forth research and "best practices" on a variety of police enforcement and crime prevention strategies. Consistent with the Peelian Principles, COPS research and research from other communities, the following ordinance has been developed to give another tool for our City. The ordinance advances legitimate public purposes which are designed to protect the valuable services provided by the Police Department. Valued police services should not be wasted in responding repeatedly to problem properties, when other areas of the city are in need of these vital public safety services. We also recognize the need for Code Enforcement to inspect many chronic problem properties within the City. This results in added time and resources being dedicated to repeat visits to chronic problem properties, which detract from the inspectors responsibilities to other properties throughout the City. It is also designed to be a catalyst for the Police Department, Code Enforcement Department and the Law Department to collaborate more effectively together among themselves and with the Common Council and the public, when addressing chronic problem properties. Through the analysis of calls for service, problem locations/properties can be identified. The data on calls for service include among other things the number of calls by hour and day; number of calls by beat; calls which required backup; and time spent by police officer(s) on each call as it is categorized. This ordinance is solutions-oriented so that identified problem areas and the underlying causes of such problem properties are routinely addressed with the support of the community. By abating such problem locations, the time of the "beat officer"in particular would be freed up to provide such needed public safety services in other areas of the City. Chronic Problem Properties Regulations Ordinance Page 2 The following ordinance is believed to be in the best interests of the City of South Bend, Indiana, and provides another mechanism so that actions are taken in a fair and timely manner. Section I. Chapter 13 of the South Bend Municipal Code is amended by the inclusion of new Article 12 which shall read in its entirety as follows: Article 12. Chronic Problem Property Regulations Sec. 13-155 Findings of the Council and Purposes of Regulations. (a) The Common Council finds that excessive calls for service to problem areas, trouble spots, or high-activity areas, place an undue burden on public safety resources, which may result in decreased public safety services being provided to other geographic areas of the City of South Bend, Indiana. (b) The Council further finds that by utilizing enforcement problem-oriented policing strategies, that a corresponding reduction in calls for service and crime prevention should result. (c) The regulations set forth in this Article are designed to protect the overall public health, safety and welfare of the City. They are further designed to help prevent and assist in abating repeat calls for service to the same property or location, which may result in diminished public safety services being provided to other residents and areas of the City. Repeat nuisance service call fees are authorized to be imposed and collected from the owner of the property designated as a chronic problem property. Such fees are intended to help cover costs incurred by the City which are over and above the cost of providing services to properties not so designated. (d) The regulations set forth in this Article are supplemental to other regulations codified in the South Bend Municipal Code and are designed to address chronic problem properties. Sec. 13-156 Definitions. As used in this Article: (a) Abate shall mean to remedy a condition which constitutes a violation of this Article which is necessary and in the interest of the general health, safety and welfare of the City. (b) Chronic Problem Property is a property which meets the following criteria: Chronic Problem Properties Regulations Ordinance Page 3 1. Has had not less than five (5) valid complaints in sixty (60) calendar days for any criminal offense governed in Title 35 of the Indiana Code, and/or ordinance citations being issued for a violation of the South Bend Municipal Code which occurred on the property and resulted in a police response and police documented call for service; or 2. Has had not less than five (5) letters issued by the Code Enforcement Department in sixty (60) calendar days which sought compliance by the property owner with section(s) of the South Bend Municipal Code; or 3. A combination of valid complaints and/or ordinance citations issued by a sworn member of the Police Department as further addressed in If I herein, and/or has been issued letters by the Code Enforcement Department as further addressed in ¶2 herein, which together total not less than five (5) in number issued in a sixty(60) calendar day period. In designating a specific property as a chronic problem property, the Law Department, shall review: (i) The number of police documented calls for service, the number of valid complaints and ordinance citations issued by the Police Department to a location in a sixty (60) day period; and (ii) The number of compliance letters sent by the Code Enforcement Department to a location in a sixty (60) day period. Once designated as a chronic problem property by the Law Department, said property shall remain so designated and tracked on a computerized matrix for compliance/enforcement purposes for one (1) year from the date of designation. Said matrix shall be regularly updated and prominently posted on the City's website. Said designation shall only be removed upon action by the Law Department after reviewing documentation from the Police Department and Code Enforcement Department confirming that the subject property has not been the subject of a valid complaint or code violation for a period of not less than three hundred sixty-five (365) continuous days, and that any and all fines and repeat nuisance service call fees associated with the designated chronic problem property have been paid in full. Chronic Problem Properties Regulations Ordinance Page 4 (d) Citation shall mean an act which is prohibited or an offense which is punishable under the South Bend Municipal Code for which a written ordinance violation citation was issued by the Police Department requiring payment of a fine to the Ordinance Violations Bureau. (e) City means the City of South Bend, Indiana. (f) Police documented call for service shall mean when a sworn member of the Police Department is dispatched or deployed to respond to an incident at a specific location as a police response. (g) Police response shall mean any and all police action needed to protect the health, safety and welfare of inhabitants of a property or location where valid complaint(s) have been documented, with such police response being subject to the governing rules and regulations of the Police Department. (h) Valid complaint shall refer to a police documented call for service that a incident took place at a specific property requiring sworn police personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises as the victim of the crime. Sec. 13-157 Notification of Being Designated by the City as a Chronic Problem Property.' (a) The Law Department shall notify in writing to the property owner that his/her property has been designated as a chronic problem property. Said notification shall be delivered in person by an individual designated by the City by leaving a copy of the notification personally to the person to be notified, by leaving a copy of the notification as set forth below, with such notification being documented by the City in their records; or by sending the notice to the property owner by priority mail which is tracked on line with the City tracking the date said notification was delivered. The notification shall be sent to the property owner's residence or usual place of business which is on record in the assessor's office. This notification shall identify: 1. The property owner and list the specific address that has been designated as a chronic problem property; Indiana Code § 36-1-1 through Indiana Code § 36-1-10 set forth the governing state law provisions for the enforcement of municipal ordinances. Section 2-13 of the South Bend Municipal Code identifies the City's nine(9) executive departments and specifically lists the Law Department, Police Department and Code Enforcement Department. Chronic Problem Properties Regulations Ordinance Page 5 2. The number of police documented calls for service involving valid complaints, the number of citations issued, the number of letters issued by the Code Enforcement Department, or any combination thereof which have occurred on said property in the past sixty(60) calendar days ; 3. The cost incurred by the City for the police documented calls of service to the property; 4. The cost incurred by the City for the background investigation and issuance of letters by the Code Enforcement Department; 5. The individual and his/her city contact information including the name, position, mailing address, telephone & fax numbers and email address to whom the property owner of the property designated as a chronic problem property may contact if he/she has questions regarding the notification; 6. The time period which the designation as a chronic problem property will last and the terms and conditions which must be met for the removal of such designation; and 7. Notice that the costs of future police documented calls for service involving valid complaints, as well as future costs incurred by the Code Enforcement Department for any background investigation and issuance of letters which it may be required to issue which seek compliance of items found in violation on the subject property, which may be assessed against the property owner. (b) Copies of the written notice sent by the Law Department on each property designated as a chronic problem property shall be simultaneously sent electronically to the South Bend Police Department, Code Enforcement Department, Office of the City Clerk and District Council Member who represents the District where the subject property is located. (c) The City deems the owner of the property and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the written notice designating the property as a chronic problem property.2 2 The wording in this paragraph is similar to that set forth in Section 13-75.5 of the South Bend Municipal Code addressing disorderly house regulations. Chronic Problem Properties Regulations Ordinance Page 6 Sec. 13-158 Repeat Nuisance Service Call Fees for Chronic Problem Properties;Notice.3 (a) The South Bend Police Department and the Code Enforcement Department shall file semi-annually with the Law Department and the Office of the City Clerk, a record of the cost to respond to a call for service based on the type of call for service, type of property, type of personnel and equipment. The first filing of said records shall be made on or before May 1, 2013, with all filings thereafter being made on or before the first Monday in January and the first Monday in July. Each department shall use a reasonable and uniform criteria in developing such data and fees for such services. (b) No repeat nuisance service call fee may be imposed against the property owner of a property designated by the Law Department as a chronic problem property without first providing written notice of that designation and the list of fees due to the City. All fees are due and payable within thirty(30) days of the date of such notice. Sec. 13-159 Penalties; Civil Action by Law Department/Dedication of Portion of Fees/Fines to the Law Enforcement Continuing Education Fund (Fund#220)4 (a) Anyone violating the provisions of this Article shall be subject to the following penalties: 1. Collection of Repeat Nuisance Service Call Fees: In addition to the collection of fines resulting from the issuance of citation(s), the Law Department is authorized to bring civil action against any alleged violator of this Article for all unpaid repeat nuisance service call fees. 2. Citations: After a property has been designated as a chronic problem property, the next citation issued shall impose a fine of two hundred fifty dollars ($250.00) and for every citation issued thereafter which shall be_payable through the Office of the City Clerk. (b) Each violation of this Article shall be deemed a separate offense. (c) Dedication of Fines/Fees Collection: Fifty percent(50%) of all fines and fees collected for any violation of this Article shall be deposited into the Law Enforcement Continuing Education Fund (Fund #220). 3 Indiana Code §36-1-3-8 requires fees to be related to the cost of the service so that they are"reasonable and just". 4 Indiana Code §36-1-4-17 authorizes the City to collect any money that is owed the City,including reasonable attorney fees. • Chronic Problem Properties Regulations Ordinance Page 7 (d) Data addressed in this Section shall be summarized on the matrix required in Section 13-156(c) which is to be placed and maintained on the City's website. Sec. 13-160 Through Sec. 13-164 Reserved for Future Regulations. Section II. If any part, subsection, sentence, clause or phrase 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. Section III. 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, and become effective on May 1, 2013. Tim Scott, 1st District Council Member South Bend Common Council K en L. White, Council M ber at Large outh Bend Co ' on Council . A 1# -AA'A erek D. Dieter, Council Meer at Large South Bend Common Council atto.ct: John Voorde, City Clerk Chronic Problem Properties Regulations Ordinance Page 8 i i m'ed by me to Pete Buttigieg, the Mayor of the City of South Bend,Indiana, on the day of , 2013,at o'clock . m. Janice Talboom,Deputy Clerk > xarsed aged"nee/by me on the day of 2013, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana --( ( l 3 Filed fireV* . 1,1 READNG PUBLIC HEARING i k 3 rd READiNG Q +.'0 E NOT APPROVED REFERRED CITYC W;a *. r PASSED '��o�$oU�NfB��'O� � �� � � City of South Bend . � y i \rEicia � �� Common Council 1865 ... 441 County-City Building • 227W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://wwvv.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President March 4, 2013 Karen L. White Members of the Common Council Chairperson, Committee 4th Floor County-City Building of the Whole South Bend, Indiana 46601 Tim Scott First District Re: Chronic Problem Property Ordinance Henry Davis, Jr. Dear Council Members: Second District The short and long term impact of chronic problem properties in the City of South Valerie Schey Bend jeopardizes needed public services to other parts of the city. Third District Fred Ferlic The City has attempted to work closely with the property owners. Despite such Fourth District efforts, there remain properties which continue to have been repeated number of police documented calls for service, as well as repeated requests for compliance David Varner by the Code Enforcement Department and the Law Department. The result has Fifth District been an ongoing and increasing financial drain to our taxpayers, and a resulting decrease of such public services to others. Oliver J. Davis Sixth District The attached ordinance would provide another tool to address chronic problem Derek D. Dieter properties. The ordinance is intended to be supplemental to other regulations At Large currently in place. Gavin Ferlic Several regulations were reviewed in developing the attached ordinance. For At Large example, in Boston "problem properties" are approached in a coordinated multi- department approach. Problem properties are listed on the Boston government Karen L. White website where a chart sets forth the name of the property owner, street address, At Large neighborhood and a summary of reported incidents. Each year an Annual Report is filed summarizing all problem properties. Additional regulations from Owatonna, Minnesota; New Bedford, Massachusetts; Minneapolis, Minnesota; and several cities in the State of Washington were also studied. The "best practices" were selected and incorporated into an ordinance which meets the needs of the City of South Bend. Chronic Problem Property Ordinance Cover Letter March 4,2013 Page 2 In summary, the proposed ordinance: • Would seek coordination and collaboration among the Police Department, Code Enforcement Department and Legal Department as well as with the Common Council and the public in the implementation of these regulations • Would serve as an educational tool which not only seeks compliance but raises awareness throughout the entire city that there are consequences to actions or non-actions of property owners • Would regularly provide a summary of all chronic problem properties on the City of South Bend's website, similar in format to the one utilized in the City of Boston. • Would provide regular updates to the District Council Member where a chronic problem property is located • Would provide a mechanism which is fair and which would become effective May 1, 2013. Newly appointed Chief of Police Ronald Teachman, as well as representatives of the Code Enforcement Department and the Law Department have had the opportunity to provide input into the proposed ordinance. We ask that the proposed ordinance be sent to the Health and Public Safety Committee and the Residential Neighborhoods Committee so that a joint committee meeting can be held. We urge you to support this needed legislation. Thank you. Most sin - 111111k„ `fit . • ott, 10 Reside tial Neighborhoods C mmittee Chairperson y„....„. a-1--e/L.— ,„ X Karen L. •te, Council Member at Large iii Health . 'i Pu. is Safety if mmittee Chairperson --A • 6 # rit Derek D. Dieter Council President Lb -43 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE SOUTH BEND MUNICIPAL CODE, CHAPTER 6, ARTICLE 1,SECTION 6-4.4(b)(3); RENUMBERING CERTAIN SECTIONS OF CHAPTER 6,ARTICLE 2; AND ADDING A NEW,RENUMBERED SECTION 6-6.2, CERTIFICATE OF OCCUPANCY,TO CHAPTER 6,ARTICLE 2. STATEMENT OF PURPOSE AND INTENT The South Bend Municipal Code at Chapter 6,Article 1, Section 6-4.4(b)(3)presently refers to a Certificate of Occupancy within the provisions of the Building Code. This section of the Building Code has been deleted. For the safety and protection of all citizens occupying or using public buildings or new dwellings,a need has been determined to incorporate provisions for issuance of a Certificate of Occupancy in the South Bend Municipal Code. NOW,THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Chapter 6,Article 1, Section 6-4.4(b)(3)of the South Bend Municipal Code be and hereby is amended to read as follows: (3) Issue or deny certificates of occupancy, in accordance with provisions of the Building Code and Section 6-6.2 of the South Bend Municipal Code. SECTION II. Chapter 6,Article 2, Section 6-6.2, Section 6-6.3, Section 6-6.4,and Section 6- 6.5 shall be and hereby are renumbered as Section 6-6.3, Section 6-6.4, Section 6-6.5,and Section 6-6.6 respectively. SECTION III. A new Section 6-6.2,Certificate of Occupancy, shall be and hereby is added as follows: Section 6-6.2, Certificate of Occupancy. (A) General. A Certificate of Occupancy shall be required for all new residential dwelling,new non- residential structures,and non-residential structures with renovations over the cost of$10,000,with the exception of a renovation involving life safety issues. (B) Use and Occupancy. No building or structure as listed in Section 6.6.2(A)shall be used or occupied until the building official has issued a Certificate of Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or waiver of a violation of the provisions of the Building Codes or of any other ordinances enforced by the Building Department. It shall be unlawful to use or occupy a building or structure as listed in Section 6.6.2(A)without the issuance of a Certificate of Occupancy. (C) Certificate Issued. After the building official inspects the building or structure and finds no violations of the provision of the Codes listed above,the building official shall issue a Certificate of Occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner. 4. The township in which the structure is located. 5. The name and address of the general contractor. 6. The State project number, if applicable. 7. The zoning of the property. 8. The use of the structure. 9. A statement that the described structure or portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and use for which the proposed occupancy is classified. 10. Any special stipulations and conditions of the building permit. 11. The name of the building official. (D) Temporary Occupancy. The building official is authorized to issue a Temporary Certificate of Occupancy before the completion of the entire work covered by the permit,provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the Temporary Certificate of Occupancy is valid. (E) Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate of Occupancy issued under the provisions of this section wherever the Certificate is issued in error,or on the basis of incorrect information supplied,or where it is determined that the building or structure or portion thereof is in violation of any regulation of the provisions of the codes and/or ordinances. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Councit lt Attest: tv. it 1`,1�l€n l,•a CsC.3f i+J iti:�.'?6 G:n `°" and opportunity for City Clerk Council action on this issue, Presented by me to the Mayor of the City of South Bend,Indiana, on the day of ,2013,at o'clock .m. City Clerk Approved and signed by me on the day of Y ,2013,at o'clock .m. Mayor,City of South Bend,Indiana Pik 1 in Clerie. .:__ ._.. 3.k t k f'_,..AV EI• tea. Y 7 ?_< < _�� 62013 I 1st READING � PUBLIC HEAPING 3rd READING c ITY 's x VCOR " " ! NOT APPROVED <� Y►si3;; Y i REFERRED PASSED `k`,k;,<GO �tfss101yFRs':- ST.JOSEPH COUNTY/SOUTH BEND '' '' .•�•5pU T$b; � .11ir, *4 At W l'Alt BUILDING DEPARTMENT o 1 ' /// o f x p , N t g 125 S. LAFAYETTE BIVD. c,U,a� I , /�% �'' a "�Y v SUITE 100 �� \\ 1 1 ' �r . x . W \PEACE , - ,Z SOUTH BEND, IN 46601 : ��- \` "' '.��y;* n :: ;y. '�yar,.�'" (574) 235-9554 ;lC : .�-� " "` ..,' FAX 574-235-5541 t•t vaun..... l$f1$ JAMES D.MARKLE,R.A. CHARLES C.BULOT . MARK A.LYONS Design/Plan Review Specialist BUILDING COMMISSIONER Asst.Zoning Administrator March 6, 2013 South Bend Common Council 4th Floor, County-City Bldg. South Bend, Indiana 46601 RE: Proposed Ordinance Dear Honorable Council Members: Attached is a proposed ordinance amending Chapter 6 by adding a new,renumbered Section 6- 6.2, Certificate of Occupancy. The South Bend Municipal Code at Chapter 6,Article 1, Section 6-4.4(b)(3)presently refers to a certificate of occupancy within the provisions of the Building Code. This section of the Building Code has been deleted. For the safety and protection of all citizens occupying or using public buildings or new dwellings, a need has been determined to incorporate a certificate of occupancy in the South Bend Municipal Code. Your kind consideration of this matter would be appreciated. Sincerely, ..„- '... - ".,4‘1- Charles C. Bulot, C.B.O., C.F.M. Building Commissioner CCB/rkn attachment i MV CLERK .,_,....,.....,,:a1 tta,IN 6A 0) - 3 -2,81- RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1902 S MAIN STREET TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR GENERAL SHEET METAL WORKS, INC. 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 1902 S Main Street, South Bend,Indiana, and which is more particularly described as follows: PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST&BEING PT OF W%2 SW % SEC 13-37-2E CONT 1.94 AC +- 573'ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13-37-2E LOTS 35, 36 &N 18' VAC BOWMAN ST& 14' VAC ALLEY W&ADJ& S %2 VAC ALLEY N&ADJ TO LOT 35 BOWMAN'S 1ST ADDN LOT 10 & VAC ALLEY BET LOTS 10 11 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34&E %2 VAC ALLEY W&ADJ&N%2 VAC ALLEY SO&ADJ BOWMANS 1ST ADD LOTS 18 THRU 22&E%2 VAC ALLEY W&ADJ&E-W VAC ALLEY BET LOTS 18& 19 STOVER& WITWER ADD and which has Key Numbers 18-8010-0451, 18-8010-046601, 18-8010-0453, 18-8011- 048901, 18-8012-0567, 18-8012-056701,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 Personal property tax abatement only and is limited to two(2)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 Personal property tax deduction for a period of(5)five years,and further determines that the petition complies with Chapter 2,Article 6,of the Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. 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. Member of the Common Coun 1 Filed in C ' . O ce SBDS02 RJD 308755v1 MAR 1 01%4 PRESENTEES 3,2,,5'-13 NOT ,r P .u�'t, CITY CLERK,SOUTH REND,IN ADO PZIG+ ...,... 227 W.JEFFERSON BOULEVARD .' i�-+' �QIt PHONE:574/235-9371 SUITE 1400 S. ,' �y� FAx:574/235-9021 SOUTH BEND,IN 46601-1830 W � \\ tke ]86 CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR COMMUNITY INVESTMENT SCOTT FORD,EXECUTIVE DIRECTOR Council Member Henry Davis, Chairperson February 21, 2013 Community& Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Personal Property Tax Abatement Petition for: General Sheet Metal Works, Inc. • Dear Council Member Davis: Please find attached the Department of Community Investment's report on a personal 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 acquisition and installation of new equipment as part of the company's planned increase in productive capacity in its facility located at 1902 S. Main Street. The report contains the Department's findings relative to the above petition. General Sheet Metal Works, Inc. will be purchasing and installing new equipment. The total project cost for the equipment is estimated at$1,730,000. The project meets the qualifications for a(5)five-year personal property tax abatement and a representative from General Sheet Metal Works, Inc. will be available to meet with the Committee on Monday, March 11, 2013. 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 235-9278. Sincerely, gr. &Lie/ja Kathy Hahn Analyst- Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Don Inks Aladean DeRose PLANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES JITIN KAIN `�` PAMELA C.MEYER DONALD E.INKS TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR: GENERAL SHEET METAL WORKS,INC. DATE: February 21, 2013 On February 21,2013 a petition for personal property tax abatement consideration for property located at 1902 S Main Street,South Bend,is filed with the City Clerk by General Sheet Metal Works,Inc.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. 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 The proposed project is the purchase and installation of a new Trumpf 3030 CNC laser cutting machine costing$825,000.Using 5' X 10' sheets of steel as raw material,this machine will cut the steel in a very precise manner to manufacture steel products, or parts,to customer specifications. The project serves to increase their production capacity to meet the growing demands of their customers. The Trumpf 3030 incorporates the very latest technologies to maximize speed and accuracy. The second phase of the project will be a CNC Tube Bender manufactured by LVD Company. This machine will expand their capabilities by allowing them to bend steel tube,of up to five inch dimensions, into parts supplied to manufacturers of industrial products. The rollover protection system (roll bars) found on commercial lawn equipment would be an example of a product manufactured by this equipment. RE: Tax Abatement General Sheet Metal Works, Inc. February 21, 2013 Page 2 South Bend Common Council Adding this capability will enable the company to better utilize the capacity of other equipment, already owned, which cuts such tube stock into precision lengths and designs. While the exact specification is pending,the investment is expected to total $675,000. Other equipment being added in connection with the expansion includes a Davi Roll for$100,000 and a Trumpf Electric Press Brake for$130,000. The total project cost is estimated at$1,730,000. Total taxes to be abated during the (5) five-year abatement period are estimated at$17,079. Total new taxes to be paid over five years are estimated at $150,652. Net tax paid is estimated at $863,968. EMPLOYMENT IMPACT Per the petition, it is estimated that the total project will: (a) create 9 (nine)permanent, full-time and 0 (zero)permanent,part-time jobs within the first year,representing a new annual payroll of$389,673 and (b) will maintain 112 existing permanent full-time and 0 (zero) existing part-time jobs representing an annual payroll of$4,850,000 for existing employees. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted, finds that the petitioner has been granted or associated with 4 (four)previous tax abatements: Term/Type Resolution No. Date 5 Year Personal 3251-03 10/13/03 5 Year Personal 2847-00 03/13/00 5 Year Personal 2672-98 09/14/98 5 Year Personal 2483-97 06/15/97 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the Sample-Ewing Economic Development Area. 4. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a (5) five-year personal property tax abatement under section 2-84.2, Tangible Personal Property Tax Abatement. N.O n LOO O N CO O ° 01 CO CO CO 0 CO N 0 N 0 O N- 0 N- C) CO CO CO >. LC) O C7p n O CA O c0 c0 O N d 0 CO d0' Ti N v� CO CO CO '- CO M o 0 t"' � O � OLOOOOl00 o n M'c1' LAOS a) a) .— CA a) et to co d' �t 0 NOIn vC- LO,- v CO OD)_ CC0000) 00 ZF- al CO CO ..- CDN- CO LL } (0 N co 1. 00 N.7 1- N- ANN- CON- N.N CO M N aMI. M � N .... COt� l� l� (O CO 4 CO N N- U) COO N O tO 00 N o In O) 0 CD 0) . 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O CO O m CU as x s- •0 0 ICU W c > o m a V N C ° w ° CL a) c .0 rn o c m .. 0 ° o (a co m m � u > m 52 m EE a) 3 (/j L c U L 0 .-� ? 0 N X x X ,. y N 0 a) a)CD 'O 'O co) �- w Y C6 N U N O '0 O N N C N CO 0 i c (0 co N N CU y w X X m o m h O CD (A O CU Cn w N CO Cc y O O x m N ` N ` '=o a3 Q et ¢ a fa � Z a ° � z m0oo s E Ill a) C Q Q E 0 0 w o , O 0 to Um .j < CDj U ~ 3 4 CITY OF SOUTH BEND PETITION FOR TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION The undersigned owner(s) of new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment, all personal property personal property, located within the City of South Bend, hereby petitions the Common Council of the City of South Bend for personal property (new manufacturing equipment, new research and development equipment, new logistical distribution equipment and/or new information technology equipment) tax abatement consideration and pursuant to I.C., 6-1.1-12.1, et seq., and South Bend Municipal Code Section 2-84.2, et seq., for this petition states the following: 1. Describe the proposed project, including information about the new personal property indentified as manufacturing, research and development, logistical distribution and/or information technology equipment ("Equipment") to be installed, the amount of land to be used, if any, the proposed use of the Equipment, and a general statement as to the importance of the project to your business a. The proposed project is the purchase and installation of a new Trumpf 3030 CNC laser cutting machine costing$825,000. Using 5' x 10' sheets of steel as raw material,this machine will cut the steel in a very precise manner to manufacture steel products, or parts, to customer specifications. The project serves to increase our production capacity to meet the growing demands of our customers. The Trumpf 3030 incorporates the very latest technologies to maximize speed and accuracy. [See exhibit D for picture of this proposed equipment] b. The second phase of the project will be a CNC Tube Bender, manufactured by LVD Company. This machine will expand our capabilities by allowing us to bend steel tube, of up to five inch dimensions, into parts supplied to manufactures of industrial products. The rollover protection system(roll bars)found on commercial lawn equipment,would be an example of a product manufactured by this equipment. Adding this capability would enable the company to better-utilize the capacity of other equipment,already owned, which cuts such tube stock into precision lengths and designs. While the exact specification is pending, the investment is expected to total$675,000. c. Other equipment being added in connection with this expansion includes Davi Roll $ 100,000 Trumpf Electric Press Brake $130,000 2. The project will: (a) create 9 permanent, full-time and _0_permanent, part- time jobs within the first year, representing a new annual payroll of$389,673 and (b) will maintain 112 existing permanent full-time and 0 existing part- time jobs representing an annual payroll of$ 4,850,000 for existing employees. 3. Provide current wage information for existing employees including: base rate, (Rev. 5/13/11) 1 cost-of-living allowances, hazardous-duty pay, incentive pay including commissions and production bonuses, on-call pay and tips (please show average hourly rate or range). Do not Include: back pay, jury duty pay, overtime pay, severance pay, shift differentials, non-production bonuses, and tuition reimbursements. Full-Time Part-Time Laborers $15.65 Technical $16.55 Managerial $54.75 Administrative $24.42 $9.00 4. The projected annual salary for each new position indicated in item 2 above is estimated to be as follows (Please attach a separate sheet if more space is needed) POSITION (Indicate Full time [FT] or Part time [PTI] EMPLOYMENT WAGE Laser Operator(3)FT $43,297 per employee Press Brake Operator(4)FT $43,297 per employee Davi Roll operator(1) FT $43,297 per employee Tube Bender Operator(1) FT $43,297 per person 5. Estimate the total cost of the Equipment: $1,730,000 6. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the business organization is publicly-held, indicate also the name of the corporate parent, if any and the name under which the corporation has filed with the Securities and Exchange Commission): NAME ADDRESS INTEREST General Sheet Metal Works, Inc. 1902 S. Main St., South Bend,IN 46613 100% (b)The following other person(s) lease, intend to lease, or have an option to buy the Equipment (include corporate information as required in (6) (a) above, if applicable): NAME ADDRESS INTEREST none 7. Give a brief description of the overall nature of the business and of the (Rev. 5/13/11) 2 operations occurring at the location for which tax abatement is requested: General Sheet Metal Works,Inc. is a manufacturer of fabricated metal products. 8. The commonly known address of the REAL property where the Equipment is to be located is: 1902 S. Main St, South Bend,IN 46613 9. The Key Number(s) of said property is: 18 8010 0451; 18 8010 046601; 18 8010 0453; 18 8011 048901; 18 8012 0567; 18 8012 056701 10. A legal description of the REAL property where the equipment is to be located, is attached hereto, marked "Exhibit A," and is hereby incorporated herein. 11. A map and/or plat describing the REAL property where the Equipment is to be located, marked "Exhibit B," and incorporated herein. 12. Photographs of the REAL property, taken within two (2) weeks of filing of this petition, marked "Exhibit C," and incorporated herein. 13. The current assessed valuation of the tangible personal property to be replaced by the new manufacturing equipment is $ NONE (This information may be obtained from the St. Joseph County Assessors office 235-9523) 14. The current use of the real property where the Equipment is to be installed is Light Industrial and the current zoning is D (use) and F (height and area). (This information may be obtained from the Building Department 235-9553) 15. List the real and personal property taxes paid at the location during the previous five years, whether paid by the current owner or a previous owner: YEAR REAL PROPERTY TAXES PERSONAL PROPERTY TAXES 2008 $75,029 $88,414 2009 $86,593 $113,797 2010 $73,883 $113,902 2011 $76,053 $127,056 2012 $70,027 $110,268 (This information may be obtained from the St.Joseph County Treasurers office 235-9531) 16. Describe the commitment made within the past five years by your firm to hiring (Rev. 5/13/11) 3 minority individuals, including number of minorities employed during each of the past five years, specifying whether full time or part-time and whether permanent or temporary employees. The Petitioner shall also list the current number of total employees (full and part-time) and the current number of minority individuals (full and part-time). General Sheet Metal Works, Inc. is an equal opportunity employer, who does not discriminate in hiring, promotion, discharge, pay, fringe benefits, and other aspects of employment, on the basis of race, color, religion, sex or national origin. This information will be provided prior to abatement hearing of March 11, 2013 if information necessary for approval purposes 17. Describe on-site child care or day care facilities, services or benefits currently offered or proposed to be offered by the Petitioner for children of employees. NONE 18. What is your best estimate of the market value of the new Equipment after installation? $ 1,730,000 19. What is your best estimate of the amount of taxes to be abated during each of the five years after installation? ASSESS 14/PAY 15 $3,271 ASSESS 15/PAY 16 $2,617 ASSESS 16/PAY 17 $1,963 ASSESS 17/PAY 18 $1,308 ASSESS 18/PAY 19 $ 654 20. What is the commitment your firm will make to minority employment during the five years of tax abatement? General Sheet Metal Works, Inc. is an equal opportunity employer, who constantly seeks out qualified employees regardless of race, color, religion, sex or national origin. 21. The Equipment has not been installed as of the date of filing of this petition. (The signature at the end of this Petition is verification of this statement) (Rev. 5/13/11) 4 22. Has your business been granted previous tax abatement(s)? If yes, please provide type (real and/or personal property), term and date of approval. (Please attach a separate sheet if more space is needed) ABATEMENT TYPE TERM DATE OF APPROVAL PERSONAL-3251-03 5 YEARS 0/15/2003 PERSONAL- Resolution #2847-00 5 YEARS 03/1/2000 PERSONAL- Resolution #2672-98 5 YEARS 9/14/98 PERSONAL-Resolution: 2483-97 5 YEARS 6/15/97 23. The standard Industrial Classification Manual (SIC) or North American Industry Classification Systems (NAICS) major group within which the proposed project would be classified, by number and description: 332900 Other Fabricated Metal Product Mfg 24. The Internal Revenue Service Code of Principal Business Activity by which the proposed project would be classified, by number and description: 332900 Other Fabricated Metal Product Mfg 25. The REAL property where the Equipment will be installed is located in the following Allocation Area, if any, declared and confirmed by the South Bend Redevelopment Commission: Sample-Ewing Development Area 26. Other anticipated public financing for the project including, if any, industrial revenue-bonding to be sought or already authorized, assistance through the United States Department of Housing and Urban Development funds from the City of South Bend, Small Business Association Sections 503 and 504 financing through the Business Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana, Industrial Revolving Fund; or other public financial assistance, including but not limited to public works improvements. NONE 27. Describe how and why the manufacturing equipment to be replaced or the facility in which Equipment will be added is currently technologically, economically or energy obsolete and how and why that obsolescence may lead to a decline in employment and tax revenues: N/A (Rev. 5/13/11) 5 28. The new manufacturing equipment new research and development equipment, new logistical distribution equipment and/or new information technology equipment to be installed will be used for one (1) or more of the uses listed within the definitions of New Manufacturing Equipment, New Research and Development Equipment, New Logistical Distribution Equipment and New Information Technology Equipment set forth in I.C. 6-1.1-12.1 et seq. and the Equipment was never before used by its owner for any purpose in Indiana. (The signature at the end of this Petition is verification of this statement.) 29. The following person(s) should be contacted as Petitioner's agent regarding additional information and public hearing notifications: Name: Jeffrey M. McGowan, CPA, Tax Representative,POA; Address: 210 S. Michigan St., Suite 200 City, State, Zip Code: South Bend,IN 46601 Telephone: 574-289-4011 E-mail Address:jmcgowan @klcpas.com WHEREFORE, Petitioner requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein to be an economic revitalization area for purposes of tangible personal property tax abatement consideration, and after publication of notice and public hearing, determine qualifications for an economic revitalization area have been met, and confirm such resolution. Petitioner herein hereby verifies that the required $250.00 filing fee to cover processing and administrative costs pursuant to Section 2-84.7 of the Municipal Code of the City of South Bend has been paid in full. Name of Property Owner(s): General Sheet Metal Works,Inc. 1902 S. Main St. B, ill 1 _ /JIme 11 x .1 76r . • G Jeffrey cGowan, CPA Tax Representative,POA (Typed or printed name and capacity of signor if signed by an agent or representative of the owner) Filed In . ° . Office (Rev. 5/13/11) 6 E Z013 CITY CLERK,*,OI rIE? E SEND,IN EXHIBIT A LEGAL DESCRIPTION(s) PARC OF LAND BEG APPROX 140' E OF CENTERLINE OF CALVERT & LAFAYETTE ST & BEING PTOFWY2SW1 SEC 13-37-2E CONT 1.94 AC+- 573' ON E SIDE LAFAYETTE ST ETC BEG SE COR CALVERT ST CONT APPX 1.2216 ACRS SEC 13-37-2E LOTS 35, 36 & N 18' VAC BOWMAN ST &14' VAC ALLEY W& ADJ & S 'A VAC ALLEY N& ADJ TO LOT 35 BOWMAN'S 1ST ADDN LOT 10 & VAC ALLEY BET LOTS 10 11 LOT 11 & EX 15 FT FOR ST STOVER & WITWER ADD LOT 34 & E 'A VAC ALLEY W& ADJ & N %2 VAC ALLEY SO & ADJ BOWMANS 1ST ADD LOTS 18 THRU 22 & E %2 VAC ALLEY W & ADJ & E-W VAC ALLEY BET LOTS 18 & 19 STOVER& WITWER ADD I Filed frl C ' � (Rev. 5/13/11) 7 FIB a a LJ1. ctrt P 4. Exhibit D 1. TruLaser 3030 (L20), TruLaser 3040 (L32): Redefining the standard In recent years, the TruLaser 3030 / 3040 has been the most successful 20 laser machine in the world and set the standard for sheet machining. Thousands of customers trust its absolutely reliable machining processes. With the successor machines, TRUMPF redefines this standard. The TruLaser 3030 (L20) / 3040 (L32) is a laser cutting machine for machining flat components with a high degree of accuracy. The precision is achieved by a high degree of structural rigidity. The option of equipping the machine with a linearly arranged pallet changer (see figure) or with a pallet changer set up crosswise additionally increases flexibility for the user. A was s ti �t .3 w p a •11.;.'"t `,..c f _ x k 'rt.. 4• (Rev. 5/13/11) 10 POWER OF ATTORNEY �` ,'= State Form 23261(R7/6-10) • Prescribed by the Department of Local Government Finance It,. Please TYPE or PRINT. PART I-POWER OF ATTORNEY 1. Taxpayer Information(Taxpayer must sign and date this form on page 2,line 7 and have the form notarized on page Z line 8.) Name of taxpayer(s) GENERAL SHEET METAL WORKS, INC. Address(es)of taxpayer(s)(number and street,city,state,and ZIP code) 1902 S. MAIN STREET, SOUTH BEND, IN 46613 Last four digits of Social Security Number Employer identification number Telephone number x x x-x x- 35-0333580 ( 574 )288-0611 • The above named taxpayer does hereby appoint the following representative(s)as attorney(s)in fact: 2. Representative Information(Representative must sign and date this form on page Z Part IL) Name of representative JEFFREY M MCGOWAN, CPA , TAX REPRESENTATIVE, LEVEL II ASSESSOR Address of representative(number and street,city,state,and ZIP code) KRUGGEL LAWTON CPASs, 210 SOUTH MICHIGAN STREET, SUITE 200, SOUTH BEND, IN 46601 Telephone number Fax number Check if: ( 574 )289-4011 #245 ( 574 ) 289-4087 I ❑New address ❑New telephone number Name of representative Address of representative(number and street,city,state,and ZIP code) Telephone number Fax number ( ) I Check if ( ) ❑New address ❑New telephone number to represent the taxpayer(s)for the following matters before the: ® Department of Local Government Finance ❑Indiana Board of Tax Review ® ST JOSEPH County Property Tax Assessment Board of Appeals 3.Tax Matters Type of Tax(real property,personal property) Tax Form Number(130,131,133,17T,etc.) Year(s)or Period(s) ABATEMENT SB-1, PETIT. FOR CONSIDERATION 2013-2018 4.Acts Authorized: The representatives are authorized to receive and inspect confidential tax information and to perform any and all acts that I(we)can perform with respect to the tax matters described in line 3,including the authority to sign any agreements,consents or other documents. List any specific additions or deletions to the acts otherwise authorized in this power of attomey 5.Notices and Communications: Notices and other communications will be sent to the first representative listed in line 2. If you also want the second representative listed to receive such notices and communications,check this box. ❑ 6.Retention/Revocation of Prior Power(s)of Attorney: The filing of this power of attorney automatically revokes all earlier power(s)of attorney with the County Property Tax Assessment Board of Appeals, Department of Local Government Finance,or Indiana Board of Tax Review for the same tax matters and years or periods covered by this document. If you do not want to revoke a prior power of attorney,check this box. ❑ You must attach a copy of any power of attorney you wish to remain in effect. Page 1 of 2 • 7.Signature of Taxpayer: If signed by a corporate officer,partner,guardian,tax matters partner/person,executor,receiver,administrator or trustee on behalf of the taxpayer,I certify that I have the authority to execute this form on behalf of the taxpayer. The following applies if the authorized representative is a Certified Property Tax Representative pursuant to 50 IAC 15-5-5: I understand that by authorizing JEFFREY M MCGOWAN as my Certified Property Tax Representative,I am aware of and accept the possibility that the property value may increase as a result of filing an administrative appeal with the Property Tax Assessment Board of Appeals,and that I may be compelled to appear at a hearing before the Property Tax Assessment Board of Appeals or the Department of Local Government Finance. I further understand that the Certified Property Tax Representative is not an attorney and may not present arguments of a legal nature on my behalf. If this power of attorney is not signed,dated and notarized,it will be returned. natur f taxpay / Date of si nature(monnth,ld7a/y,year) r' ted name of tax.ayer / Title(if applicable) OHN AXELBERG PRESIDENT-GENERAL SHEET METAL WORKS, INC. /Signature of taxpayer Date of signature(month,day,year) Printed name of taxpayer Title(if applicable) 8.Notarization STATE OF Ji\ 1 fX k..fA EMAf _ 1 JENNIFER A.GUDEMAf ` ``- �. ` t " Elkhart County COUNTY OF (G1 tL -!.'lv�- SS: - wor j g.,s :•rIly Commission Expires I .,-... ':'!' ? August 15,2014 __ Before me,a notary public in and for said state and county,personally appeared,this I al —.`nF ,,. ` 2L /3 the taxpayer(s)or a person duly authorized to sign for and on behalf of the taxpayer(s),who a.:i o'Nledged�l'ttiie eixecution- this Power of Attorney as the voluntary act and deed of the taxpayer(s). 2 `4. nature of notarypublic C.to 0 County of residence y u , T p or printed It of nota publi to _ Y� Date comTry�fission expires(Month;:.44V4 j'r ���v\t V• vel-e w i �11511� }i',- ...• PART II-DECLARATION OF REPRESENTATIVE ^R 1.,..:, ',,1 Under penalties of perjury,I declare that: ' 1 I am aware of the statutes,rules and regulations applicable to the matters specified in line 3; I am authorized to represent the taxpayer(s)identified in Part I for the tax matter(s)specified there;and I am one of the following: a. Certified Public Accountant-duly qualified to practice as a certified public accountant in the jurisdiction shown below. b. Certified Tax Representative pursuant to 50 IAC 15-5. c. Other(specify) If this declaration of representative is not signed and dated,the power of attorney will be returned. DESIGNATION JURISDICTION(state,etc.)OR _ (insert above letter-a,b,or c) ENROLLMENT CARD NUMBER SIG T i DATE(month,day,year) a.b. INDIANA , /�‘:1 hillij �:• 2-18-13 iii me 0 I tiii Page 2 of 2 Filed in (", f 4''' : �fe�e • ,,---. STATEMENT OF BENEFITS y/:.,.. . PERSONAL PROPERTY �"`� FORM SB-1 /PP 3 e State Form 51764(R2/12-11) a '� ,a�` v' Prescribed by the Department of Local Government Fina ce FEB '2 0 20131 PRIVACY NOTICE - _ 1 The cost and any specific individual's 1 salary information is confidential;the t3Ct'* , , ..'= balance of the filing is public record cart(CLERK,.a(;i k: dtEND,IN per IC 6-1.1-12.1-5.1(c)and(d). INSTRUCTIONS: _ 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 a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distribution equipment and/or information techno logy equipment for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 1987, and areas designated after July 1, 1987,require a STATEMENT OF BENEFITS. (IC 6-1.1-12.1) 2. Approval of the designating body(City Council, Town Board,County Council,etc.) must be obtained prior to installation of the new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment,BEFORE a deduction may be approved 3. To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule(Form 103-ERA)with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the township. The 103-ERA must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under lC 6-1.1-12.1-4.5(d)and(e)apply to equipment installed after March 1,2001,unless an alternative deduction schedule is adopted by the designating body(IC 6-1.1-12.1-17). SECTION 1 TAXPAYER INFORMATION Name of taxpayer GENERAL SHEET METAL WORKS, INC. Address of taxpayer(number and street city,state,and ZIP code) 1902 SOUTH MAIN STREET,SOUTH BEND, IN 46613 Name of contact person Telephone number JEFFREY M MCGOWAN,CPA,TAXPAYER REPRESENTATIVE,POWER OF ATTORNEY (574)289-4011 SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number(s) SOUTH BEND COMMON COUNCIL Location of property I County DLGF taxing district number 1902 SOUTH MAIN STREET,SOUTH BEND, IN 46613 SAINT JOSEPH COUNTY 71 Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. (use additional sheets if necessary) START DATE COMPLETION DATE Trumpf 3030 CNC laser cutting machine Manufacturing Equipment 04/01/2013 03/31/2015 CNC Tube Bender Davi Roll R&D Equipment Trumpf Laser 7036 Logist Dist Equipment IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current number Salaries Number retained Salaries Number additional Salaries 112 4,850,000.00 112 4,850,000.00 9 389,673.00 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE:Pursuant to IC 6-1.1-12.1-5.1 (d)(2)the MANUFACTURING R&D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST J ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values 13,256,533.00 3,975,650.00 Plus estimated values of proposed project 1,730,000.00 519,000.00 Less values of any property being replaced 0.00 0.00 Net estimated values upon completion of project 14,966,533.00 4,494,650.00 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. of:uthorize A�� PA_ Title Date signed(month,day,year) ,, ,/a1 44 -�i�1,��rL �� TAX REPRESENTATIVE,POA 02/20/2013 _ /,int Page 1 of 2 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution,passed under IC 6-1.1-12.1-2.5,provides for the following limitations as authorized under IC 6-1.1-12.1-2. 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. Installation of new manufacturing equipment; ❑ Yes ❑ N o 2. Installation of new research and development equipment; ❑ Yes ❑ N o 3. Installation of new logistical distribution equipment. ❑ Yes ❑N o 4. Installation of new information technology equipment; ❑ Yes ❑ N o C. The amount of deduction applicable to new manufacturing equipment is limited to$ cost with an assessed value of D. The amount of deduction applicable to new research and development equipment is limited to$ cost with an assessed value of E.The amount of deduction applicable to new logistical distribution equipment is limited to$ cost with an assessed value of F. The amount of deduction applicable to new information technology equipment is limited to$ cost with an assessed value of G. Other limitations or conditions(specify) H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction on or after July 1,2000,is allowed for: ❑ 1 year ❑ 6 years **For ERA's established prior to July 1,2000,only a ❑2 years ❑ 7 years 5 or 10 year schedule may be deducted. ❑ 3 years ❑ 8 years ❑4 years ❑ 9 years ❑ 5 years** ❑ 10 years** I. Did the designating body adopt an alternative deduction schedule per IC 6-1.1-12.1-17? ❑Yes ❑No If yes,attach a copy of the alternative deduction schedule to this form. Also we have 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) Telephone number Date signed(month,day,year) Attested by: Designated body *If the designating body limits the time period during which an area is an economic revitalization area,it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1-4.5 Page 2 of 2 Kathy Hahn From: Jeff McGowan <Jmcgowan©klcpas.com> Sent: Wednesday, February 20, 2013 5:25 PM To: Kathy Hahn Cc: John M. Ryal Subject: information for Question#16 on Petition for Consideration Attachments: image001 jpg Kathy, here is the info necessary to complete Question#16 on the abatement application. 2008 2009 2010 2011 2012 Hispanic 11 6 12 16 17 White 119 69 91 118 114 Black 11 5 6 9 10 Asian 1 1 1 5 5 Other 2 2 1 2 1 Total 144 83 111 150 147 Hopefully this is the last piece of information needed,to process this abatement. Thank you. Jeff Jeffrey M. McGowan, CPA, CGMA, MBA Tax Partner KRUGGEL LAWTONClit 210 South Michigan Street, Suite 200 South Bend, IN 46601 phone:(574) 289.4011/#245 fax: (574) 289-4087 Treasury Department Circular 230 Disclaimer: Any tax advice contained in the body of this e-mail as well as any related attachments was not intended or written to be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local law provisions. CONFIDENTIALITY NOTICE: The information contained in this message, including any attachments, may be privileged and is confidential and protected from disclosure. If the recipient of this message is not the intended recipient, or an employee responsible for delivering this message to the intended recipient, you are hereby notified that any disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify Kruggel, Lawton & Co.,LLC CPAs immediately at (574) 289-4011 or by replying to this message and deleting the e-mail and any attachments from your computer. Thank you. 1 \QO , �Z�U ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE REFUNDING OF OUTSTANDING SEWAGE WORKS REVENUE BONDS OF 1998 AND SEWAGE WORKS REVENUE BONDS OF 2004, EACH ISSUED TO FINANCE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL SEWAGE WORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED FIFTEEN MILLION SEVENTY-FIVE THOUSAND DOLLARS ($15,075,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), presently owns and operates a sewage works by and through its Board of Public Works (the "Board") for the collection and treatment of sewage and other wastes (the "Sewage Works," "Works" or "works"), pursuant to the provisions of Indiana Code 36-9-23, as amended (the "Act"). The Common Council of the City (the "Common Council" or "Council") previously found in its Ordinance No. 8919-98 adopted by the Council on June 22, 1998 (the "1998 Ordinance"), that certain improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 1998 Ordinance) (the "1998 Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly the Indiana Department of Environmental Management ("IDEM"), and were approved by the aforesaid government authorities. Pursuant to the 1998 Ordinance, the City issued its "Sewage Works Refunding Revenue Bonds of 1998" (the "1998 Bonds"), now outstanding in the amount of$9,445,000, and having a final maturity of December 1, 2018. The Council has determined, after being duly advised, (i) that the 1998 Bonds should be refunded to obtain a reduction in interest payments and effect a savings to the City (the "1998 Refunding"); (ii) that the 1998 Refunding of the 1998 Bonds and accrued interest thereon and including all costs related to such refunding, cannot be provided for out of funds of the Sewage Works now on hand, and (iii) that the 1998 Refunding should be accomplished by the issuance of Sewage Works revenue bonds of the City. The Council previously found in its Ordinance No. 9523-04 adopted by the Council on August 10, 2004 (the "2004 Ordinance"), that certain improvements to said works were necessary; and that plans, specifications and estimates had been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully in the 2004 Ordinance) (the "2004 Project"), which plans and specifications or other pertinent information were in a timely fashion submitted to all government authorities having jurisdiction thereover, particularly IDEM, and were approved by the aforesaid government authorities. Pursuant to the 2004 Ordinance, the City issued its "Sewage Works Revenue Bonds of 2004" (the "2004 Bonds"), now outstanding in the amount of $7,980,000, and having a final maturity of December 1, 2024. The Council has determined, after being duly advised, (i) that the 2004 Bonds should be refunded to obtain a reduction in interest payments and effect a savings to the City (the "2004 Refunding" and together with the 1998 Refunding, the "Refunding"); (ii) that the 2004 Refunding of the 2004 Bonds and accrued interest thereon and including all costs related to such refunding, cannot be provided for out of funds of the Sewage Works now on hand, and (iii) that the 2004 Refunding should be accomplished by the issuance of Sewage Works revenue bonds of the City. The Council has determined, after being duly advised, that it is beneficial to refund each of the 1998 Bonds and the 2004 Bonds to enable the City to obtain a reduction in interest payments and effect a savings to the City and hereby authorizes the same by issuance of the 2013A Bonds (described herein) under the provisions of the Act. The Council finds that there are also now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2006" (the "2006 Bonds"), authorized by Ordinance No. 9672-06 adopted by the Council on April 11, 2006, as amended by Ordinance No. 9767-07 adopted by the Council on June 25, 2007 (collectively, the "2006 Ordinance"), which are now outstanding in the amount of $6,425,000, and mature on December 1, 2026. The Council finds that there are also now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the (i) "Sewage Works Revenue Bonds of 2007" (the "2007 Bonds"), authorized by the 2006 Ordinance, which are now outstanding in the amount of $13,670,000, and mature on December 1, 2027; and (ii) Sewage Works Revenue Bonds of 2007B" (the "2007B Bonds"), authorized by the 2006 Ordinance, which are now outstanding in the amount of$13,615,000, and mature on December 1, 2027. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2009" (the "2009 Bonds"), authorized by Ordinance No. 9951-09 adopted by the Council on August 10, 2009, as amended by Ordinance No. 9971-09 adopted by the Council on October 26, 2009 (collectively, the "2009 Ordinance"), which are now outstanding in the amount of $2,887,761, and mature on December 1, 2028. - 2 - The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2010" (the "2010 Bonds"), authorized by Ordinance No. 10052-10 adopted by the Council on November 8, 2010 (the "2010 Ordinance"), which are now outstanding in the amount of $8,630,000, and mature on December 1, 2030. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2011" (the "2011 Bonds"), authorized by Ordinance No. 10118-11 adopted by the Council on September 12, 2011 (the "2011 Ordinance"), which are now outstanding in the amount of $20,740,000, and mature on December 1, 2031. The Council finds that there are now outstanding bonds issued on account of the Works and payable out of the revenues therefrom designated as the "Sewage Works Revenue Bonds of 2012" (the "2012 Bonds" and with the 1998 Bonds, 2004 Bonds, 2006 Bonds, 2007 Bonds, 2007B Bonds, 2009 Bonds, 2010 Bonds and the 2011 Bonds, the "Prior Bonds"), authorized by Ordinance No. 10189-12 adopted by the Council on October 8, 2012 (the "2012 Ordinance" and with the 1998 Ordinance, the 2004 Ordinance, the 2006 Ordinance, the 2009 Ordinance, the 2010 Ordinance and the 2011 Ordinance, the "Prior Ordinances"), which are now outstanding in the amount of$25,000,000, and mature on December 1, 2032. The Prior Bonds constitute a first charge upon the Net Revenues (as hereinafter defined). The Prior Ordinances permit the issuance of additional revenue bonds ranking on a parity basis with the Prior Bonds for the purpose of financing the complete or partial refunding of any of the Prior Bonds, so long as certain conditions are met. Crowe Horwath LLP, Financial Advisor to the City (the "Financial Advisor"), has been employed by the Board for the purpose of analyzing the records and finances of the Sewage Works, and has submitted preliminary evidence and findings demonstrating compliance with the conditions set forth in the Prior Ordinances for the issuance of additional revenue bonds payable out of the revenues of the Sewage Works and ranking on a parity with the Prior Bonds. The City desires to authorize the issuance of a bond anticipation note or notes hereunder, if necessary, payable from the proceeds of the revenue bonds authorized herein (the `BANS"), and to authorize the refunding of said BANs, if issued. The Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds and BANs have been complied with in accordance with the applicable provisions of the Act. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AS FOLLOWS: - SECTION 1. Refunding the 1998 Bonds and 2004 Bonds. The Council hereby determines, after being duly advised, that it is beneficial to refund the 1998 Bonds and the 2004 Bonds to enable the City to obtain a reduction in interest payments and effect a savings to the City. The City may proceed with the refunding of the 1998 Bonds and the 2004 Bonds, the costs of which are not expected to exceed $15,075,000, without further authorization from the - 3 - Council. The terms "works" and "utility" and other like terms where used in this Ordinance shall be construed to mean and include all structures and property of the City's sewage works utility. The 1998 Project and 2004 Project have been constructed in accordance with the plans and specifications heretofore mentioned, which plans and specifications have previously been approved. All or a portion of the cost of the Refunding will be paid with the proceeds of the 2013A Bonds to be issued pursuant to the provisions of this Ordinance and the Act. The City may also use other legally available funds on hand to pay for the remainder of the cost of the Refunding. SECTION 2. Authorization of Obligations. (a) The City shall issue its "Sewage Works Refunding Revenue Bonds of 2013A" or such other designation as the Executive (as defined below) or the Fiscal Officer (as defined below) shall determine at the time of issuance of any series of bonds (the "2013A Bonds"), in one or more series (as designated by the City, a "Series"), in an original principal amount not to exceed Fifteen Million Seventy-Five Thousand Dollars ($15,075,000) (the "Authorized Amount"), as negotiable, fully registered bonds, for the purpose of procuring funds to be applied to the costs of the Refunding, and all incidental expenses incurred in connection therewith (all of which are deemed to be a part of the Refunding), and the costs of selling and issuing the 2013A Bonds. The City reasonably expects to reimburse expenditures for the Refunding with the proceeds of the 2013A Bonds and this constitutes a declaration of official intent to reimburse expenditures under Treas. Reg. 1.150-2(e) and Indiana Code 5-1-14-6(c). The 2013A Bonds shall rank on parity for all purposes with the Prior Bonds. The 2013A Bonds shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple thereof, numbered consecutively from 1 upward, and dated the date of delivery. The 2013A Bonds shall bear interest at a rate or rates not exceeding five percent (5%) per annum, and interest shall be payable semiannually on June 1 and December 1 in each year, with the beginning date of interest payments being finally determined by the Mayor as the executive of the City (the "Executive") and the Controller as the fiscal officer of the City, or any acting, assistant or deputy controller of the City (the "Fiscal Officer"), with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2013A Bonds to the Registrar for authentication. Interest on the BANs and the 2013A Bonds shall be calculated according to a 360-day calendar year containing twelve 30-day months. The 2013A Bonds shall mature on December 1 of each year beginning in the year and in such amounts as is deemed appropriate by the Executive and the Fiscal Officer, with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2013A Bonds to the Registrar for authentication, and over a period ending not later than December 1, 2024. All or a portion of the 2013A Bonds may be aggregated into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a redemption of serial bonds and, if more than one term bond of any maturity is outstanding, redemption of such maturity shall be made by lot. Sinking fund redemption payments shall be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this - 4 - Ordinance, such mandatory sinking fund redemption payments shall be deemed to be required payments of principal which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive form of 2013A Bonds, relative to the form of 2013A Bonds contained in this Ordinance,to reflect any mandatory sinking fund redemption terms. (b) The City shall issue, if necessary, BANs for the purpose of procuring interim financing for the Refunding. Any such issuance shall be in accord with the provisions of Section 25 of this Ordinance. SECTION 3. Pledge of Net Revenues; Payment of Principal and Interest. The 2013A Bonds and any bonds ranking on a parity therewith, as to principal, premium and interest, shall be payable from and are hereby secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues, herein defined as the gross revenues of the Sewage Works after deduction only for payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes (the "Net Revenues") of the Sewage Works of the City, which bonds constitute a first charge on said Net Revenues. The City shall not be obligated to pay said bonds or the interest or premium, if any, thereon except from the Net Revenues of the Works, and said bonds shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. All payments of interest on the 2013A Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar (the "Registration Record") or at such other address as is provided to the Paying Agent in writing by such registered owner. Each registered owner of$1,000,000 or more in principal amount of 2013A Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All principal payments and premium payments, if any, on the 2013A Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a registered owner of$1,000,000 or more in principal amount of 2013A Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on 2013A Bonds shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2013A Bonds are authenticated after the Record Date for an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2013A Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2013A Bond together with a written instrument of transfer or exchange satisfactory to the - 5 - Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2013A Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the names of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2013A Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of,the principal thereof and interest and premium, if any, due thereon. In the event any 2013A Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed,which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Fiscal Officer and the Registrar, together with indemnity satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The City and the Registrar may charge the owner of such 2013A Bond with their reasonable fees and expenses in this connection. Any 2013A Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2013A Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any,and all other 2013A Bonds issued hereunder. SECTION 5. Registrar and Paying Agent. The Fiscal Officer is hereby authorized to appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2013A Bonds (together with any successor, the "Registrar"or"Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2013A Bonds, and shall keep and maintain the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform the services required of a Registrar and Paying Agent. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services its provides as Registrar and Paying Agent and such fees may be paid from the Sinking Fund established to pay the principal of and interest on the 2013A Bonds as fiscal agency charges. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first-class mail to each registered owner of the 2013A Bonds then outstanding, and such resignation will take effect at the end of such thirty(30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the . City. Such notice to the City may be served personally or sent by first-class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2013A Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to the registered owners of the 2013A - 6 - Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the Registration Record. Any predecessor Registrar and Paying Agent shall deliver all the 2013A Bonds, cash or investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. As to the BANs, the Fiscal Officer shall serve as Registrar and Paying Agent and is hereby charged with the duties of Registrar and Paying Agent. SECTION 6. Terms of Redemption. The 2013A Bonds may be made redeemable at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, on dates and with premiums and other terms, as finally determined by the Executive with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2013A Bonds to the Registrar for authentication. Notice of redemption shall be mailed by first-class mail to the address of each registered owner of a 2013A Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2013A Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any 2013A Bond shall not affect the validity of any proceedings for the redemption of any other 2013A Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2013A Bonds called for redemption. The place of redemption may be determined by the City. Interest on the 2013A Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such 2013A Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. All 2013A Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any 2013A Bond without charge to the holder thereof. No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the 2013A Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2013A Bond or portion thereof called for redemption until such 2013A Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. The BANs are prepayable by the City, in whole or in part, at any time upon seven (7) days' notice to the owner of the BANs, without any premium. SECTION 7. Execution and Negotiability. The 2013A Bonds shall be signed in the name of the City by the manual or facsimile signature of the Executive and attested by the manual or facsimile signature of the City Clerk,who also shall affix the seal of the City manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any - 7 - officer whose signature or facsimile signature appears thereon shall cease to be such officer before the delivery of the 2013A Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. The 2013A Bonds shall also be authenticated by the manual signature of the Registrar, and no 2013A Bond shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. The 2013A Bonds shall have all of the qualities and incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein. SECTION 8. Authorization for Book-Entry System. The 2013A Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of bonds to the purchasers. The following provisions of this Section apply in such event. One definitive 2013A Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City and Registrar may, in connection herewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2013A Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2013A Bonds. During any time that the 2013A Bonds are held in book-entry form on the books of a Clearing Agency, (1) any such 2013A Bond may be registered upon Registration Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2) the Clearing Agency in whose name such 2013A Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2013A Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest and premium, if any, on such 2013A Bond, the receiving of notice and the giving of consent; (3) neither the City nor the Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2013A Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2013A Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal of or interest or premium, if any, on any 2013A Bond, the receiving of notice or the giving of consent; and (4)the Clearing Agency is not required to present any 2013A Bond called for partial redemption, if any, prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2013A Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2013A Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2013A Bonds, - 8 - then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2013A Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2013A Bonds and to transfer the ownership of each of the 2013A Bonds to such person or persons, including any other Clearing Agency, as the holder of the 2013A Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2013A Bonds, shall be paid by the City. During any time that the 2013A Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owner of the 2013A Bonds as of a record date selected by the Registrar. For purposes of determining whether the consent, advice, direction or demand of a registered owner of a 2013A Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2013A Bonds as the bondholders and any consent, request, direction, approval, objection or other instrument of such beneficial owner may be obtained in the fashion described in this Ordinance. During any time that the 2013A Bonds are held in book-entry form on the books of a Clearing Agency, the Executive, the Fiscal Officer and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer Letter of Representations, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including without limitation same day funds settlement payment procedures. Further, during any time that the 2013A Bonds are held in book-entry form, the provisions of Section 8 of this Ordinance shall control over conflicting provisions in any other section of this Ordinance. SECTION 9. Form of 2013A Bonds. The form and tenor of the 2013A Bonds shall be substantially as set forth in Appendix A hereto, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery thereof. SECTION 10. Sale of Bonds. (a) The Fiscal Officer is authorized to negotiate the sale of the 2013A Bonds at an interest rate or rates not exceeding five percent (5%) per annum. The Executive and the Fiscal Officer are hereby authorized to (i) execute a purchase agreement with the purchaser, and (ii) sell such 2013A Bonds upon such terms as are acceptable to the Executive and the Fiscal Officer consistent with the terms of this Ordinance. The final form of the purchase contract shall be determined by the Executive and Fiscal Officer, upon advice of the City's Bond Counsel and Financial Advisor and the Executive and Fiscal Officer are hereby authorized and directed to complete, execute and attest the same on behalf of the City so long as its provisions are consistent with this Ordinance. - 9 - (b) The Fiscal Officer is hereby authorized to appoint one or more financial institutions to serve as Escrow Trustee (each an "Escrow Trustee") for each of the 1998 Bonds and the 2004 Bonds in accordance with the terms of one or more escrow agreements to be entered into between the City and the Escrow Trustee (collectively, the "Escrow Agreement"). The Executive and the Fiscal Officer are hereby authorized and directed to complete, execute and attest the same on behalf of the City so long as its provisions are consistent with this Ordinance. (c) The execution, by either the Executive, Fiscal Officer, or the purchaser, of a subscription for investments of proceeds of the 2013A Bonds to be held under the Escrow Agreement in a manner consistent with this Ordinance is hereby approved. (d) Distribution of an Official Statement (Preliminary and Final), if necessary, when and if prepared by the Financial Advisor, on behalf of the City, is hereby authorized and approved, and the Executive is authorized and directed to execute the Official Statement on behalf of the City in a form consistent with this Ordinance. The Executive or the Fiscal Officer is authorized to deem the Preliminary Official Statement as "final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission. (e) After the 2013A Bonds have been properly sold and executed, the Fiscal Officer shall receive from the purchasers payment for the 2013A Bonds and shall provide for delivery of the 2013A Bonds to the purchasers. (f) The 2013A Bonds, as and to the extent paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2013A Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. (g) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2013A Bonds, as of its date, in accordance with the provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Executive or the Fiscal Officer in the form of a final official statement. (h) In order to assist any underwriter of the 2013A Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2013A Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing disclosure contract" shall mean that certain continuing disclosure contract executed by the City and dated the date of issuance of the 2013A Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The execution and delivery by the City of the continuing disclosure contract, and the - 10 performance by the City of its obligations thereunder by or through any employee or agent of the City, are hereby approved, and the City shall comply with and carry out the terms thereof. (i) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion as to the validity of the 2013A Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the purchasers of the 2013A Bonds or to cause a copy of said legal opinion to be printed on each 2013A Bond. The cost of such opinion shall be paid out of the proceeds of the 2013A Bonds. (j) In connection with the sale of the 2013A Bonds, the Executive and the Fiscal Officer each are authorized to take such actions and to execute and deliver such agreements and instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 2013A Bonds, and the taking of such actions and the execution and delivery of such agreements and instruments are hereby approved. SECTION 11. Use of Proceeds. The accrued interest received at the time of delivery of the 2013A Bonds, if any, and premium, if any, shall be deposited in the Bond and Interest Account of the Sinking Fund (as hereafter defined) and applied to payments on the 2013A Bonds on the first interest payment date. An amount of proceeds from the sale of the 2013A Bonds may be deposited to the 2013A Subaccount, if any, of the Reserve Account, for the 2013A Bonds and applied as described below as determined by the Fiscal Officer. An amount of proceeds from the sale of the 2013A Bonds equal to the estimated costs of issuance of the 2013A Bonds and other fees and charges associated with the issuance of the 2013A Bonds, including the premium for any bond insurance obtained for the 2013A Bonds, shall be deposited into a fund of the utility hereby created and designated as "City of South Bend, Indiana Sewage Works 2013A Costs of Issuance Fund" (the "Costs of Issuance Fund"). The proceeds deposited in the Costs of Issuance Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of issuance of the 2013A Bonds and other fees and charges associated with the issuance of the 2013A Bonds, including the premium for any bond insurance obtained for the 2013A Bonds. The remaining proceeds from the sale of the 2013A Bonds shall be deposited into a fund of the utility hereby created and designated as "City of South Bend, Indiana Sewage Works 2013A Refunding Fund" (the "Refunding Fund"). The proceeds deposited in the Refunding Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of the Refunding. SECTION 12. Revenue Fund. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges shall be deposited in the Sewage Works Revenue Fund (the "Revenue Fund"), as set forth in the Prior Ordinances and continued hereby, and such revenues shall be segregated and kept separate and apart from all other funds and bank accounts of the City. Out of said revenues the proper and reasonable expenses of operation, repair and maintenance of the Sewage Works shall be paid, the principal and interest of all bonds and fiscal agency charges of bank paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid as hereinafter provided. SECTION 13. Operation and Maintenance Fund. On the last day of each calendar month there shall be credited from the Revenue Fund to the Sewage Works Operations and Maintenance Fund (the "Operations Fund"), as set forth in the Prior Ordinances and continued - 11 - hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the Sewage Works on a day-to-day basis, but none of such moneys in such fund shall be used for deprecation, replacements, improvements, extensions or additions. Any balance in the Operations Fund in excess of the expected expenses of operation, repair and maintenance for the then next succeeding month may be transferred to the Sinking Fund referred to below if necessary to prevent a default in payment of principal or interest on outstanding bonds. SECTION 14. Sewage Works Sinking Fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking Fund (the "Sinking Fund")previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account (the "Bond and Interest Account") and the Reserve Account (the "Reserve Account") previously established and continued hereby in said Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal of and interest on all of the then outstanding bonds of the Sewage Works to the final maturity thereof. (b) Bond and Interest Account. There shall be transferred, on or before the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account, an amount equal to the sum of one-sixth (1/6) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one-twelfth (1/12) of the amount of principal payable on all then outstanding bonds of the Sewage Works payable on the then next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding respective interest and principal payment dates shall have been so credited; provided that such fractional amounts shall be appropriately increased, if necessary, to provide for the first interest and first principal payments on the 2013A Bonds. There shall similarly be credited to the Bond and Interest Account any amount necessary to pay the bank fiscal agency charges, if any, for paying the principal of and interest on outstanding bonds of the Sewage Works as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owners of the outstanding bonds of the Sewage Works or to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of any bank fiscal agency charges. - 12 - (c) Reserve Account. (i) For purposes of this Section 14(c), the term "Bonds" means the 2013A Bonds issued hereunder and any and all bonds ranking on a parity with the 2013A Bonds issued hereunder (including the Prior Bonds) which are (i) now outstanding or issued in the future by the City and (ii) which are payable from the Net Revenues of the Sewage Works. (ii) The Reserve Account (excluding any subaccounts established for any of the Bonds (each, a "Subaccount", and collectively, the "Subaccounts")) shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (excluding any Bonds for which a Subaccount was established), and the moneys in the Reserve Account (excluding any Subaccounts) shall be used to pay current principal and interest on the Bonds (excluding any Bonds for which a Subaccount was established) to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (iii) The City may, upon the issuance of the 2013A Bonds, establish within the Reserve Account a subaccount for the 2013A Bonds ("2013A Subaccount"). The 2013A Subaccount shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the 2013A Bonds, and the moneys in such 2013A Subaccount shall be used to pay current principal and interest on the 2013A Bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (iv) No amounts in the 2013A Subaccount shall be available to pay any principal of or interest or redemption premium, if any, on any Bonds, except the 2013A Bonds. (v) The balance to be maintained in the 2013A Subaccount shall equal but not exceed an amount (the "Reserve Requirement") equal to the least of (i) the maximum annual debt service on the 2013A Bonds, (ii) one hundred twenty-five percent (125%) of average annual debt service on the 2013A Bonds, or (iii) ten percent (10%) of the proceeds of the 2013A Bonds. (vi) If the 2013A Subaccount is established, and the initial deposit into the 2013A Subaccount does not equal the Reserve Requirement, or if no deposit is made, the City shall deposit a sum of Net Revenues into the 2013A Subaccount on the last day of each calendar month until the balance equals the Reserve Requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the Reserve Requirement within five (5) years of the date of delivery of the 2013A Bonds. (vii) Any deficiency in the balance maintained in the 2013A Subaccount shall be made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. Any moneys in the 2013A Subaccount in excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement Fund(as described herein) or be used for the purchase of outstanding bonds - 13 - or installments of principal of fully registered bonds at a price not exceeding par and accrued interest, and redemption premium, if any. (viii) As an alternative to holding cash funds in the 2013A Subaccount, the City, with the advice of the Financial Advisor and the City's bond counsel, may satisfy all or any part of its obligation to maintain any amount in the 2013A Subaccount by depositing a Credit Facility(as defined below) therein, provided that such deposit does not adversely affect any then existing rating on the 2013A Bonds. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City. As long as any such Credit Facility is in full force and effect, any valuation of the 2013A Subaccount shall treat the maximum amount available under such Credit Facility as its value. To the extent that any 2013A Bonds are insured, and the Credit Facility is not being provided by the insurer of such 2013A Bonds, such insurance policy shall be subject to the insurer's prior written consent. The Mayor and the Controller are hereby authorized to obtain such a Credit Facility for each series of 2013A Bonds being sold, and are authorized to enter into any agreements with such Credit Facility provider that they deem necessary with the advice of the Financial Advisor. (ix) Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. SECTION 15. Sewage Works Improvement Fund. On the first day of each calendar month after the 2013A Bonds are issued, after meeting the requirements for operation, repair, and maintenance and the Sinking Fund, all available net revenues shall be credited to the Sewage Works Improvement Fund as set forth in the Prior Ordinances and continued hereby. Said fund shall be used for improvements, replacements, additions and extensions of the Sewage Works. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or if necessary to eliminate any deficiencies in credits to or minimum balance in the Reserve Account of the Sinking Fund. SECTION 16. Investment of Funds. The moneys in any of such funds or accounts shall be invested in accordance with the laws of the State of Indiana relating to the depositing, holding, securing or investing of public funds, and in accordance with the arbitrage certificate delivered at the time of delivery of any bonds payable from such funds and accounts. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges and from the investment of moneys in the funds herein created shall be segregated and kept separate and apart from all other funds and accounts of the City. No moneys derived from the revenues of the Sewage Works (including investment income) shall be transferred to the general fund of the City or be used for any purpose not connected with the Sewage Works if such transfer or use would interfere with the flow of funds set forth herein. - 14 - Investment income from such funds and accounts shall, except as otherwise provided herein, be treated as revenues of the Sewage Works, and shall be used as provided in this Ordinance. SECTION 17. Financial Records and Accounts. The City shall keep proper records and books of account, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues received on account of the operation of the utility and all disbursements made therefrom and all transactions relating to the utility. The City shall maintain on file the audited financial statements of the utility prepared by the State Board of Accounts. There shall be furnished, upon written request, to any owner of the 2013A Bonds, the most recent copy of the audited financial statements of the utility prepared by the State Board of Accounts. Copies of all such statements and reports shall be kept on file in the office of the Fiscal Officer. SECTION 18. Rate Covenant. The City shall, to the fullest extent permitted by law, establish, maintain and collect just and equitable rates and charges for the use of and the services rendered by said Sewage Works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage system of the City, or that in any way uses or is served by such Works. Such rates or charges shall be sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the Works, for depreciation and improvement, and for the payment of the sums required to be paid into the Sinking Fund. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to meet the expenses of operation, repair and maintenance, depreciation and improvement, and the requirements of the Sinking Fund; and such rates or charges shall be in an amount sufficient in each year to produce Net Revenues at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the 2013A Bonds and all bonds on a parity therewith or the debt service payable during the next succeeding twelve calendar months on the Prior Bonds, the 2013A Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. SECTION 19. Defeasance. If, when the 2013A Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2013A Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2013A Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non-callable obligations of(including obligations issued or held in book-entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2013A Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues. SECTION 20. Additional Bonds. The City reserves the right to authorize and issue additional bonds, payable out of the revenue of its Sewage Works, ranking on a parity with the - 15 - 2013A Bonds for the purpose of financing the cost of future additions, extensions and improvements to the Sewage Works or to provide for a complete or partial refunding of the 2013A Bonds or other bonds payable out of the revenues of the Sewage Works, subject to the following conditions: (a) The interest on and principal of all bonds payable from the revenues of the Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this condition shall be deemed satisfied if any required amount is to be provided from the proceeds of the parity bonds or other funds of the City. (b) All required deposits to the Sinking Fund shall have been made in accordance with the provisions of this Ordinance. (c) The Net Revenues of the Sewage Works in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2013A Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding 2013A Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued; or, prior to the issuance of said parity bonds, the sewage rates and charges shall be increased sufficiently so that said increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for said year equal to not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding 2013A Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued. For purposes of this subsection, the records of the Sewage Works shall be analyzed and all showings shall be prepared by a certified public accountant or independent financial advisor employed by the City for that purpose. (d) The principal of the additional parity bonds shall be payable annually on December 1 and the interest shall be payable semiannually on June 1 and December 1 during the periods in which principal and interest are payable. SECTION 21. Further Covenants of the City. For the purpose of further safeguarding the interests of the holders of the 2013A Bonds, it is specifically provided as follows: (a) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (b) So long as any of the 2013A Bonds are outstanding, the City shall maintain insurance on the insurable parts of the Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. In addition to or in lieu of the foregoing, the City may provide for coverage on all or part of the Works comparable to that described above through a self-insurance program. Insurance proceeds shall be used in replacing or repairing the property destroyed or damaged; or if not used for that purpose shall be treated and applied as Net Revenues of the Works. (c) So long as any of the 2013A Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn - 16 - out or obsolete or other property not required for proper operation and maintenance of the Works. (d) So long as any Prior Bonds are held by the Indiana Finance Authority (the "Authority") and remain outstanding: (i) the City shall not mortgage, pledge or otherwise encumber such Works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete or other property not required for proper operation and maintenance of the Works, without the prior written consent of the Authority, and (ii) the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, without the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (e) Except as provided in Section 20 hereof, so long as any of the 2013A Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the Sewage Works shall be authorized, executed, or issued by the City except such as shall be made subordinate and junior in all respects to the 2013A Bonds, unless all of the 2013A Bonds are redeemed, retired, or defeased coincidentally with the delivery of such additional bonds or other obligations. (f) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with the Sewage Works. (g) This Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of any 2013A Bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. (h) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2013A Bonds for the uses and purposes herein set forth. The provisions of this Ordinance shall also be construed to create a trust in the portion of the Net Revenues herein directed to be set apart and paid into the Sinking Fund and for the uses and purposes of said Fund as set forth in this Ordinance. The owners of the 2013A Bonds shall have all of the rights, remedies and privileges set forth under the Act in the event of default in the payment of the principal of or interest on any of the 2013A Bonds or in the event of default with respect to any of the provisions of this Ordinance or the Act. SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and provisions contained in this section, and not otherwise, the owners of not less than sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of the 2013A Bonds then outstanding shall have the right, from time to time, anything contained in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the - 17 - terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2013A Bond or an advancement of the earliest redemption date on any 2013A Bond; or (b) A reduction in the principal amount of any 2013A Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable; or (c) The creation of a lien upon or a pledge of the revenues of the Sewage Works ranking prior to the pledge thereof created by this Ordinance; or (d) A preference or priority of any 2013A Bond or 2013A Bonds over any other 2013A Bond or 2013A Bonds; or (e) A reduction in the aggregate principal amount of the 2013A Bonds required for consent to such supplemental ordinance. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the registration books held by the Registrar. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2013A Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2013A Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2013A Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal amount of the 2013A Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2013A Bonds, whether or not such owners shall have consented thereto. No owner of any 2013A Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the City or its officers from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2013A Bonds then outstanding, shall thereafter be determined exercised and enforced in accordance with this Ordinance, subject in all respects to such - 18 - modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2013A Bonds, and the terms and provisions of the 2013A Bonds and this Ordinance, or any supplemental ordinance, may be modified or altered in any respect with the consent of the City and the consent of the owners of all the 2013A Bonds then outstanding. SECTION 23. Amendments Without Consent of Bondholders. Without notice to or consent of the owners of the 2013A Bonds, the City may, from time to time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with the terms and provisions hereof(which supplemental ordinances shall thereafter form a part hereof), (a) to cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; or (b) to grant to or confer upon the owners of the 2013A Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2013A Bonds; or (c) to procure a rating on the 2013A Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance will not adversely affect the owners of the 2013A Bonds; or (d) to make any other change which is not to the prejudice of the owners of the 2013A Bonds; or (e) to provide for the refunding or advance refunding of the 2013A Bonds. SECTION 24. Tax Matters. In order to preserve the exclusion of interest on the 2013A Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2013A Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2013A Bonds or property financed by the 2013A Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2013A Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2013A Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2013A Bond proceeds will be transferred, directly or indirectly, or deemed transferred to a non-governmental person in any manner that would in substance constitute a loan of the 2013A Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2013A Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2013A Bonds pursuant to Section 103 of the Code, and - 19- the regulations thereunder as applicable to the 2013A Bonds, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2013A Bond proceeds or other monies treated as 2013A Bond proceeds to the federal government as provided in Section 148 of the Code, and will set aside such monies, which may be paid from investment income on funds and accounts notwithstanding anything else to the contrary herein, in trust for such purposes. (d) The City will file an information report on Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e). The City will not make any investment or do any other act or thing during the period that any 2013A Bond is outstanding hereunder which would cause any 2013A Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as applicable to the 2013A Bonds. Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Sections") which are designed to preserve the exclusion of interest on the 2013A Bonds from gross income under federal law (the "Tax Exemption") need not be complied with to the extent the City receives an opinion of nationally recognized bond counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. SECTION 25. Issuance of BANs; Other Actions. (a) The City, having satisfied all the statutory requirements for the issuance of the 2013A Bonds, has the authority to elect to issue a bond anticipation note or notes, repayable from the proceeds received from the sale of the 2013A Bonds (defined herein as the "BANs"). This Council hereby authorizes the issuance and sale of the BANs pursuant to I.C. §5-1-14-5 in one or more series, ranking on a parity with each other, in original aggregate principal amount not to exceed Fourteen Million Nine Hundred Thousand Dollars ($14,900,000) to provide interim financing until permanent financing becomes available and to pay for costs of issuing the BANs, and the BANs also may fund capitalized interest thereon. The designation of the BANs shall be "City of South Bend, Indiana Sewage Works Bond Anticipation Note of 20_". The BANs shall be issued in fully registered form in denominations of Five Thousand Dollars ($5,000), or integral multiples thereof, shall be originally dated the date of delivery, shall be numbered consecutively from 1 upward, shall mature not more than five (5) years from the date of issuance, may be renewed or extended from time to time, over a period not exceeding five (5) years from the date of the original issuance of the BANs, in accord with I.C. §5-1.1-5, shall be prepayable on twenty-one (21) days' notice in whole or in part in any authorized denomination without premium or penalty, shall bear interest at a rate not exceeding five percent (5%) per annum, and shall be sold at a discount not exceeding ninety-nine percent (99%) of the principal amount thereof. Interest on the BANs shall be payable at maturity. It shall not be necessary for the City to repeat the procedures for the issuance of the 2013A Bonds as the procedures followed before the issuance of the BANs are for all purposes sufficient to authorize the issuance of the 2013A Bonds and to use proceeds thereof to repay the BANs. The principal of the BANs herein authorized is payable solely from proceeds received from the sale of the 2013A Bonds, and the interest thereon may be paid from such proceeds or - 20- from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2013A Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANs. The Executive is hereby authorized to determine the form of the BANs and to execute the BANs, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANs and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANs. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANs and to provide for delivery of the BANs to the purchaser. The City may receive payment for the BANs in installments. Proceeds received from the sale of the BANs shall be deposited in the funds set forth in Section 11 of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANs. In any case any officer whose signature or a facsimile signature appears on the BANs shall cease to be such officer before delivery of the BANs, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANs. Upon execution of the BANs by the Executive and attestation thereof by the City Clerk, the BANs shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANs provided by the Code. In furtherance of the foregoing, the provisions of Section 24 of this Ordinance shall apply to the BANs in the same manner as they apply to the 2013A Bonds. The BANs shall be subject to transfer or exchange in the same manner as the 2013A Bonds, as described in Section 4 of this Ordinance, and to amendment in the same manner as the 2013A Bonds, as described in Sections 22 and 23 of this Ordinance. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANs in such form or substance as they shall approve. As an alternative to any terms of the BANs set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer.and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Refunding or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the Works are set forth or described in Ordinance No. 10019-10 adopted by the Council on June 28, 2010. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. - 21 - SECTION 27. Non-Business Days. If the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the jurisdiction in which the Registrar or Paying Agent is located are typically closed, such payment may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. No Conflict. The Council hereby finds and determines that the adoption of this Ordinance and the issuance of the 2013A Bonds are in compliance with the Prior Ordinances. The Prior Ordinances shall remain in full force and effect. All ordinances and resolutions and parts thereof in conflict herewith, except the Prior Ordinances, are to the extent of such conflict hereby repealed. None of the provisions of this Ordinance shall be construed to adversely affect the rights of the owners of any bonds ranking on parity with the 2013A Bonds. SECTION 29. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 30. Interpretation. Unless the context or laws clearly require otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. SECTION 31. Effectiveness. This Ordinance shall be in full force and effect from and after its passage and compliance with the procedures required by law. SECTION 32. Credit Facility. The Executive and the Fiscal Officer, on behalf of the City, are hereby authorized to obtain a Credit Facility as set forth in Section 14 herein. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to enter into an agreement with the Credit Facility Issuer for the Credit Facility (the "Credit Facility Agreement") and negotiate the terms of the Credit Facility Agreement, with the advice of the City's financial advisor and nationally recognized bond counsel. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to execute any and all other documents required to obtain the Credit Facility. The City hereby agrees that: (a) If the sewage works fails to pay any Credit Facility Costs in accordance with the requirements set forth above, the Credit Facility Issuer shall be entitled to exercise any and all remedies available at law or under the authorized documents other than (i) acceleration of the maturity of the 2013A Bonds or (ii) remedies which would adversely affect the owners of the 2013A Bonds. (b) This Ordinance shall not be discharged and the 2013A Bonds defeased until all Credit Facility Costs owing to the Credit Facility Issuer shall have been paid in full. -22- (c) The Credit Facility Issuer is granted a security interest (subordinate to that of the owners of the 2013A Bonds) in all revenues and collateral pledged as security for the 2013A Bonds, for the repayment of the Credit Facility Costs. (d) No additional bonds payable from the Net Revenues will be issued without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and still owing to the Credit Facility Issuer. (e) This Ordinance shall not be modified or amended, except as provided in Section 23 herein, without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's sewage works at such address as may be specified, from time to time, by the Credit Facility Issuer. SECTION 33. Payment on Bonds in the Event of Default. In the event available moneys are insufficient to pay debt service on the 2013A Bonds and bonds ranking on parity with the 2013A Bonds when due, available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2013A Bonds and any such parity bonds as follows: to the payment to the persons entitled thereto of all unpaid installments of interest then due on, and the unpaid principal of, the 2013A Bonds and any such parity bonds, including interest on any past due principal of any 2013A Bond or such parity bonds at the rate borne by such 2013A Bond or such parity bonds, in the order of the maturity of the installments of such interest and the due dates of such principal and, if the amount available shall not be sufficient to pay in full any particular installment of interest or maturity of principal, then to such payment ratably, according to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or any preference of or priority of interest over principal or principal over interest. During the continuance of any default in the payment of either principal of or interest or premium on any 2013A Bonds or bonds ranking on parity with the 2013A Bonds, no payment shall be made with respect to any subordinate obligations issued pursuant to Section 21(e). Moneys available for payment to holders of such subordinate obligations shall, in the event of an insufficient amount being available to pay all debt service with respect to the subordinate obligations when due, be applied to the subordinate obligations in accordance with the sequence and other terms set forth above with respect to payments regarding 2013A Bonds and such parity bonds unless otherwise provided in the ordinance authorizing the subordinate obligations. SECTION 34. Actions and Agreements. Each of the Executive, the Fiscal Officer and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. - 23 - SECTION 35. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ,PDAdt 0( 4'04, Member of the Common Council Attest: c� a Counc,1 w t�3 + �,s sa€ and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock .m. Mayor, City of South Bend, Indiana Filed in �i�� 1niC ' IrTibilld °.'.,,W HEARING ...." 3 rd READING JCa�t���c��€.�'a;: . . APPROVED CITY CiE:R i, 4I Er D,iN NOT APPR -24 - REFERPED PASSED APPENDIX A FORM OF 2013A BOND R- UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA SEWAGE WORKS REVENUE REFUNDING BOND OF 20[ ] Interest Maturity Original Authentication Rate Date Date Date CUSIP No. , 20 , 2013 , 2013 REGISTERED OWNER: PRINCIPAL SUM: Dollars ($ ) The City of South Bend, in St. Joseph, County, State of Indiana (the "City"), for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special revenue fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond be subject to and be called for redemption prior to maturity as hereafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding the interest payment date (the "Record Date") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before , 20_, in which case it shall bear interest from the Original Date, which interest is payable semiannually on June 1 and December 1 of each year, beginning on 1, 20_. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. [The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent"), in , Indiana.] All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the Registered Owner. Each Registered Owner of $1,000,000 or A-1 more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of, and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of$1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. THIS BOND SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA, AND THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST THEREON EXCEPT FROM THE SPECIAL FUND, ENTITLED "SEWAGE WORKS SINKING FUND" AS DESCRIBED HEREIN, PROVIDED FROM THE NET REVENUES OF THE CITY'S SEWAGE WORKS UTILITY. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($ ), numbered consecutively from 1 upward (the "Bonds"), issued for the purpose of providing funds to be applied to the cost of refunding outstanding (i) City of South Bend, Indiana Sewage Works Revenue Bonds of 1998 and (ii) City of South Bend, Indiana Sewage Works Revenue Bonds of 2004 (collectively, the "Refunding"), to refund interim notes issued in anticipation of the Bonds, if any, and to pay incidental expenses and costs of issuance of the Bonds. This bond is issued pursuant to an ordinance adopted by the Common Council of said City on the day of , 2013, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Refunding of Outstanding Sewage Works Revenue Bonds of 1998 and Sewage Works Revenue Bonds of 2004, Each Issued to Finance Construction of Improvements to the Municipal Sewage Works of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Fifteen Million Seventy-Five Thousand Dollars ($15,075,000); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance with the provisions of Indiana law, including without limitation Indiana Code 36-9-23, and other applicable laws, as amended (the "Act"), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. A-2 Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on (i) this bond and all other bonds of this issue, (ii) all Prior Bonds (as defined in the Ordinance), which Prior Bonds are on a parity with this bond and all other bonds of this issue, and (iii) all bonds hereafter issued on a parity with this bond and all other bonds of this issue, are payable solely from the Sewage Works Sinking Fund, as described in the Ordinance, to be provided from the Net Revenues (defined as the gross revenues of the Sewage Works of the City after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes). This bond and the issue of which it is a part, together with the Prior Bonds and any parity bonds hereafter issued constitute a first charge against said Net Revenues. The City irrevocably pledges the entire Net Revenues of said Sewage Works to the prompt payment of the principal of and interest on the bonds authorized by the Ordinance, of which this is one, and any bonds ranking on a parity therewith (including the Prior Bonds), to the extent necessary for that purpose, and covenants that it will cause to be fixed, maintained and collected such rates and charges for service rendered by said Sewage Works as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of said Sewage Works, to provide for proper depreciation and for the payment of the sums required to be paid into said Sewage Works Sinking Fund under the provisions of the Ordinance. In the event the City or the proper officers thereof shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for under Indiana law. The City covenants that for so long as the Bonds and any bonds issued on a parity therewith, including the Prior Bonds, remain outstanding it will set aside and pay into the Sinking Fund a sufficient amount of the Net Revenues for the payment of(a)the principal of and interest on all bonds which by their terms are payable from the Net Revenues, as such principal and interest shall fall due and (b) the necessary fiscal agency charges for paying bonds. Such required payments shall constitute a first charge upon all the Net Revenues. Reference is made to the Ordinance for a more complete statement of the revenues from which and conditions under which this bond is payable, a statement of the conditions on which obligations may hereafter be issued on parity with this bond, the manner in which the Ordinance may be amended and the general covenants and provisions pursuant to which this bond has been issued. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer A-3 or exchange satisfactory to the Registrar duly executed by the Registered Owner or such attorney, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. This bond may be transferred or exchanged without cost to the Registered Owner except for any tax or governmental charge required to be paid with respect to the transfer or exchange. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. The bonds maturing on any maturity date are issuable only in the denomination of$5,000 or any integral multiple thereof. [A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the Bonds (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of any Bond, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.] IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signature of the Mayor, and its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk. CITY OF SOUTH BEND, INDIANA By: Mayor (SEAL) ATTEST Clerk REGISTRAR'S CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. A-4 as Registrar By Authorized Representative The following abbreviations, when used in the inscription of the face of this bond, shall be construed as through they were written out in full according to applicable laws or regulations: TEN. COM. as tenants in common TEN. ENT. as tenants by the entireties JT. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRAN. MIN. ACT Custodian (Cult.) (Minor) under Uniform Transfer to Minors Act of (State) Additional abbreviations may also be used although not in the above list. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $ principal amount (must be a multiple of $1,000) of the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints , attorney to transfer the within bond on the books kept for the registration thereof with full power of substitution in the premises. A-5 Dated: NOTICE: The Signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. Filed in CMM 's five INDS01 KWB 1387653v4 MAR 0 0Q 13 ,�pera.�u✓ r a6t cm?WL:� x A-6 M.. ,. �- BARNES&THORNBURGLLP 600 1st Source Bank Center 100 North Michigan South Bend,IN 46601-1632 U.S.A. (574)233-1171 Fax(574)237-1125 Philip J.Faccenda,Jr. (574)237-1148 www.btlaw.com philip.faccenda @btlaw.com March 20, 2013 HAND DELIVERED Mr. John Voorde Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2013A Dear Mr. Voorde: Enclosed for filing are multiple copies of the Ordinance for the above-referenced City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2013A for refinancing prior sewage works bonds of the City of South Bend as described in the Ordinance for first reading before the Common Council on March 25, 2013 and second reading on April 8, 2013. Please return a file-stamped copy to my attention. Please call me with any questions you may have. Very truly yours, BARNES & THORNBURG LLP F Philip J. Faccenda, Jr. • PJF:ske Enclosures cc: Aladean M. DeRose, Esq. (w/enc.) --°- - Mark W. Neal (w/enc.) �� -x 3 Eric Horvath, P.E. (w/enc.) irt; 20 20 { SBDS02 PFACCENDA 439514v1 Atlanta Chicago Delaware Indiana Los Angeles Michigan Minneapolis Ohio Washington,D.C. l\ o 3 --L3 ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: The alley to be vacated is the first North /South alley East of St Louis Blvd from Wayne Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Cottrell's Addition to the City of South Bend, Portage Township, St Joseph County, Indiana. i 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: The alley to be vacated is the first North /South alley East of St Louis Blvd from Wayne Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is part of Cottrell's Addition to the City of South Bend, Portage Township, St Joseph County, Indiana. hereby determines that it is desirable to vacate said property. SECTION II. 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: 018-6002-0020, 018-6002-0019, 018-6002-0018, 018-6002-0018.01, 018-6002-0028, 018-6002-0029, 018-6002-0030. Section IV. The purpose of the vacation of the real property is to allow for the continued use of the alley as part of the drive way for church parking and the constuction of a new building to replace an existing building. 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. UjAutki Member of the Common Co cil Attest. 3 „ J ,... and CouridS a+jon City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana Filed in Clerk's Office • it READING 7 PUBLIC HEARING .� # 3 rd READING _ NOT APPROVED JOHN S( CPBk REFERRED CITY CLERK,SOUTH BEND,IN PASSED PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL DATE: 3 / 7 -/ OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: The first North / South alley East of St Louis Blvd from Wayne Street North to the first East/ West alley for distance of 198 feet and a width of 14 feet. Said alley is part of Cottrell's Addition to the City of South Bend,Portage Township, St Joseph County, Indiana. B. THE STREET DESCRIBED AS: N.A. NAM igned& • t:•) ADDRESS LOT# „ '�, / ,, 715 East Wayne Street 018-6002-0020 MOW South Bend, IN 46617 018-6002-0019 Che j - 411G t 018-6002-0018 018-6002-0018.01 018-6002-0028 018-6002-0029 018-6002-0030 CONTACT PERSON (S) NAME: Chester T Gamble RETURN TO: 3996 Liberty Street OFFICE OF THE CITY CLERK ADDRESS: JOHN VOORDE, CITY CLERK Bremen, IN 46506 ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 PHONE: 574-27, e• in s Office JOHN ,iOOi. CITY CLERK,SOUTH SEND,IN Zion United Church of Christ 715 East Wayne Street South Bend, Indiana 46617 3/18 2013 Common Council City of South Bend, Indiana Zion United Church of Christ request's the vacation of the alley that is bounded by properties of the church property on both sides. The vacation of the alley will allow for he continued use of the alley as a part of the church parking lot and will also allow a construction of a new Worship/Fellowship building to replace an e ' ,: b ' • g that will be removed. t z Respectful) , Filet! in s Officv JQi.ii VoCW CITY CLERK,tOt,i r K:SEND,IN to .4- 00 00 00 00 oo 0 0 00 0 01 0 I o I I -0011 -0021 -0025.02 -0012 -0014 -0025 -0017 -0027 C8-600> -0018.01 \ -0028 -0018 -0029 z 17i 18-6002 rn -0019 -0030 -0020 14' Wayne r) C-600 -0031 ° -0044 i to 0 0 Filed InI ierk .'i LEGAL DESCRIPTION: F-7711Ain 9 ZO1 The alley to be vacated is the first North/South al = _. a -- Blvd from Wayne Street North to the first East/West alley for a distance of 198 feet and a width of 14 feet. Said alley is a part of Cottrell's Addition to the City of South Bend, Portage Township, St Joseph County, Indiana. '''$pU T$ , 1316 COUNTY-CITY BUILDING \. \\ /��7� PHONE 5741 235-9251 GI 22.7 W.JEFFERSON BOULEVARD ` //ii FAX 574/235-9171 SOUTH BEND, INDIANA 46601-1830 ;�� \ y 4 x865_.. CITY OF SOUTH BEND PETE BUTTIGIEG,MAYOR BOARD OF PUBLIC WORKS August 28, 2012 Mr. Chet Gamble CTG & Associates 510 Lincoln Way East Mishawaka, Indiana 46544 RE: Alley Vacation—The South Half of the North/South Alley between St. Louis Boulevard and St. Peter Street,North of Wayne Street (Preliminary Review) Dear Mr. Gamble: The Board of Public Works, at its August 28, 2012, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, and the Solid Waste Division. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. The City Engineer stated there should be a dedicated 15' triangular piece on the northwest corner of the cross-alley for the proper maneuvering of garbage trucks. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley subject to the City Engineer's comment. August 28, 2012 Gamble, Chet Page2of2 Please contact Tony Molnar 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. Sincer Jy, Lin a M. Martin, Clerk c: Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Michael Mecham, Engineering Zion United Church Flied in Clerk‘e Office 1 BAR 19 2010 a Y.2 n CIS ., .r •., 30!;11-,tiENO,IN Qk <..` d .. -H '`-'* , 3 s.,: ,.•tiR a,P Y': ,,;;v.:<s r , u. J'...+i'' '"y°' _ 4, .3`' ,-sx, i - r ._ a. rp,+.;.. ;.t` • A. N -c N d �4. z taQ V 1 y � c ,$ PORTAGE TWP ;` �, z ,if- c C -1 a W I/2 N.E.1/a SEC. 12 137N. R.2 E. S h -1 L g vo C h a� .per' N �' 0 k • 1 g5 41 lib 4 w t` o ..p e . 8-/2B 421, ----i. "---477\k` .'v 12..o 1'0 ,, / 1 k"-..- -13 . t .,....\ - .4 ...o.,;:-...010.„ Z• r---- \, ,13341v-'' 423 le *11 11. g boi: % ."/47 a/71 r: 1a 1M1 11.' 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I i°t o ros4� ... ay u M • I .i $ c $ O09J o -s . .OI a 17 ! a y O1 RI y.' r py4 °1w .J 1 Ooos ?4.5N 1•+.I w Zia 684.5'" 6G i. 001 e 5 Oa GG A ' r N. _,.. ` .t `Yl.�:'J .3-1'r �` " ,"- Z rLfiF 'r 4." 5 KK'b r----- O +- ,� a ,:'${""$'7/l,„Ca ge n s -, " ' ' +'kp1Y } `' ,e r•' ,-, • `.w x.7 G. 3bt -.:9� " } " y ,. \ ±x F +r�" , j';4'�' \` rs ' - -,, f: F ,•.d$�a'` '- , `"▪ 'kr 4 f 'a-; L ,- ' v i•'t{ '''. ..,:t;:`,4,'' `c # . :z 4 . 0 4 � 4 X* Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 6, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE ADDITION OF NEW SECTION 6-37.2 ADDRESSING ACCOUNTABILITY OF GOVERNMENT ACTIONS ON BUILDINGS DECLARED VACANT OR ABANDONED STATEMENT OF PURPOSE AND INTENT On November 27, 2007, the South Bend Common Council passed Ordinance No. 9810-37 which established a registration and maintenance program of vacant and abandoned buildings in the City of South Bend, Indiana. It was noted that the City had earlier announced on May 29, 2007, a 3-year "$6.825 million strategy to reduce the City's vacant houses by more than one-fifth, with the primary focus aimed at reducing abandoned houses by 72%". That program had a "comprehensive strategy"where 400 derelict houses were to be demolished in targeted neighborhoods. The program was developed on a Department of Code Enforcement survey conducted in May 2006 where 621 houses were identified as being both vacant and abandoned, which then represented 28% of all vacant houses in the City. It also was reported by the South Bend Police Department at that time that arsons and removing scrap metal had increased in the vacant houses. An "Urban Homsesteading Program commonly referred to as the "Dollar House Program" was established consistent with Indiana Code § 36-7-17, where Community & Economic Development capital improvement funds were used to acquire"marketable buildings". All of the above-referenced programs were based on the "broken window" concept which basically provides that when a broken window is left unrepaired, that it leads to more broken windows and gives the appearance that no one cares for the property or protects the property. It also was based on data and information shared at the 1St National Conference on "Reclaiming Vacant Properties: Strategies for Rebuilding America's Neighborhoods". The "Vacant & Abandoned Properties Task Force Report'' was made public in February, 2013. The Mayor shared information at the March 4, 2013 Residential Neighborhoods Committee where he projected that it would cost approximately $6,000 each per demolished home and approximately $50,000 per home which is rehabilitated. The Mayor also called for "A thousand homes in a 1,000 days"to be torn down. Based on the projected costs and the millions of tax dollars already spent on vacant and abandoned homes, the following ordinance is needed to provide greater transparency to the process in light of the short and long-term effects. The proposed regulations are aimed to ensure that a well- thought-out plan has been developed for the each of the neighborhoods where demolition is proposed to take place. This ordinance is believed to be in the best interests of the City of South Bend, Indiana. Section I. Chapter 6, Article 8, Section 6-37.2 of the South Bend Municipal Code is amended to read in its entirety as follows: Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance Page 2 Sec. 6-37.2. Accountability of Government Actions on Buildings Declared Vacant or Abandoned. (a) The Quarterly Administrative Reports required to be filed with the Office of the City Clerk pursuant to Section 6-37.1 (1) of this Code, must be current as of the last quarter immediately preceding the demolition of a structure by the City or any entity hired to demolish said structure(s). (b) Only demolitions which are a declared imminent public safety hazard to the health, safety and welfare of the city may be demolished during any quarter where the Quarterly Administrative Report is not current and properly filed with the Office of the City Clerk. (c) For each proposed demolition a"Fiscal Impact/Future Use Summary Statement" shall be required to be filed by the City Administration with the Office of the City Clerk,with such filing being made not less than seventy-two (72) hours before the proposed demolition. Said form shall be filed along with a completed City"Demolition Prioritization Form" set forth as Figure 82 in the Appendix of the Vacant &Abandoned Properties Task Report,page 67. Both forms are attached and included herein by reference. (d) Upon the Office of the City Clerk receiving each"Fiscal Impact/Future Use Summary Statement" from the City Administration, said office shall electronically send copies of each to all members of the South Bend Common Council. Section II. If any part, subsection, sentence, clause or phrase 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. Section III. 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. Council Member Henry Davis, Jr. 2nd District South Bend Common Council ZIi John Voorde, City Clerk Accountability of Government Actions on Buildings Declared Vacant or Abandoned Ordinance Page 3 grreienteti by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2013, at o'clock . m. Janice Talboom, Deputy Clerk Arprovaland dried by me on the day of , 2013, at o'clock .m. Pete Buttigieg Mayor of the City of South Bend, Indiana Filed in aeries • 5 al READING PUBLIC HEARING CITY CLE,:riK 3 rd READI G NOT APPROVED REFERRED PASSED • Fiscal Impact/Future Use Summary Statement City of South Bend,Indiana 46601 Form Updated 3/2013 Pursuant to Section 6-37.2 of the South Bend Municipal Code entitled "Accountability of Government Actions on Buildings Declared Vacant or Abandoned", the following information is filed and verified to be true and correct regarding the proposed structure to be demolished: Street Address/Zip Code: Council District: Property classified by the City as: Abandoned Vacant Affected Neighborhood: Summary of reasons for demolition: Explanation of why said property could not be rehabilitated: Agencies/Entities contacted regarding potential rehabilitation: Proposed Date of demolition: Entity to perform demolition: Cost of proposed demolition: Funding source(s) Balances for each funding source before demolition(s) Proposed reuse of property following demolition[Per Figure 70,page 53 of Vacant&Abandoned Properties Task Force Report] Conservation Area _Stabilization Area Revitalization Area Reinvestment Area Explanation of reuse chosen Cost to reuse property post-demolition Funding source(s) for such reuse The proposed demolition will be the demolition in this Council District this year. r-`- wjkdedandiffal this day of ,20 ? `� Fiscal Analyst Department of Code Enforceme 11 UR Pr: i 0 0 N . v ego CO C - Z' s Z .O+ v o ro O t E Z AT c cH O N on Q 00 to y L.A. y >. 0 Ai E o co al Z c a z° iri 0 N ..'i 0. w d C. 4 � 7 Xi S a Z a N ik ' I I I obi �:i iE 8 •...L O. 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C C <Y to 0 IA VI IA E .0 .0 .0 Z .0 y m O C 33 O Q 3 3 3 3 3 x z 3 nu esi ao y__ gOU TH ..e.„. t:si��'�''---=' / = City of South Bend inn - ��\EACE/ .� : , ' *; ,��,.� Common Council 1855 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 March 15, 2013 http://www.southbendin.gov Derek D. Dieter President Members of the Common Council Oliver J. Davis 4th Floor County-City Building Vice-President South Bend, Indiana 46601 Karen L. White Re: Proposed Ordinance Addressing Accountability of Government Actions on Chairperson, Committee Buildings Declared Vacant or Abandoned of the Whole Tim Scott Dear Council Members: First District I am pleased to introduce for your consideration, the attached ordinance which is Henry Davis, Jr. aimed to bring greater accountability of tax dollars proposed to be used on vacant & Second District abandoned properties, as well as the overall process involving properties proposed to be demolished by the City of South Bend. Valerie Schey Third District In a front-page article which appeared in the Sunday, March 10, 2013 South Bend Fred Ferlic Tribune entitled "50 (Almost) Down, 950 To Go", a picture of a wrecking ball Fourth District depicted the number of"Demolitions between 2008-2012": David Varner 2008 185 Fifth District 2009 118 2010 141 Oliver J. Davis 2011 25 Sixth District 2012 120 Derek D. Dieter The above-listed demolition numbers from 2008 through 2011 were part of former At Large Mayor Luecke's May 29, 2007 announcement that "...a three-year $6.825 million Gavin Ferlic strategy to reduce the City's vacant houses by more than one-fifth, with the At Large primary focus aimed at reducing abandoned houses by 72%"would be moving forward. Karen L. White At Large I am attaching a map provided to the Common Council by the former City Administration in late 2007. It depicts vacant & abandoned structures as of 2006 in the City of South Bend, and "Calls for Service" showing five (5) levels of service ranging from"absence or insignificant level, approaching negligible level,just below concern level, reaching concern level, serious level to urgent level". That map alone highlights the critical need for a well thought out and comprehensive plan to address the multi-faceted neighborhood issues which may be compounded by vacant & abandoned buildings. Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned March 15,2013 Page 2 It is interesting that the 75-page "Vacant & Abandoned Properties Task Force Report" released last month, does not contain an updated map of the one depicting vacant & abandoned houses as of 2011, as well as the "Calls for Service" showing the five (5) levels of service. In light of the 1,000 demolitions being promoted as an "ambitious plan" by Mayor Buttigieg, and the related costs to the taxpayers for this demolition plan, and post demolition expenses, I believe greater transparency and accountability is needed now more than ever. Fiscal oversight is a duty and responsibility which the South Bend Common Council takes very seriously. To assist the Council in carrying out those duties a "check and balance" component is being created which is aimed at greater accountability. The attached ordinance would: • Require that all City Offices which carry out the duties involving vacant building have current "Quarterly Administrative Reports" on file with the Office of the City Clerk. Such reports are to routinely summarize implementation & enforcement actions of the city regarding "Vacant Building Maintenance and Registration" — a requirement of Ordinance No. 9810-07 codified in the South Bend Municipal Code in Section 6-37.1. This has been a requirement since 2007, however limited compliance and very few, if any filings have taken place by the current and past City Administration. • Requires the City Administration to file with the Office of the City Clerk a completed "Demolition Prioritization Form" (1 page) which was set forth as Figure # 82 in the Appendix by the 2013 Vacant &Abandoned Properties Task Report • Requires the City Administration to file with the Office of the City Clerk a "Fiscal Impact/Future Use Summary Sheet" (1 page) which highlights the location, Council District, affected Neighborhood, whether it was classified abandoned or vacant, reasons for proposed demolition, reasons why the property cannot be rehabilitated, proposed reuse of the subject property using Figure#70 in the 2013 Vacant & Abandoned Properties Task Report; date, cost & funding sources of proposed demolition; cost & funding source(s) of proposed reuse with all of the information being signed by a fiscal analyst & Department of Code Enforcement. This report and the Demolition Prioritization Report are to be filed a minimum of 72-hours prior to the demolition. • Requires the Office of the City Clerk to timely send electronically to all Council Members copies of the Demolition Prioritization Form and Fiscal Impact/Future Use Summary Sheet upon receipt from the City Administration. Cover Letter to Ordinance Addressing Accountability of Government Actions on Buildings Declared Vacant or Abandoned March 15,2013 Page 3 I also believe that the Task Force, City Administration and.Common Council need to discuss whether there should be a posting on the City's website which is regularly updated summarizing key information from these forms. Partnerships are formed when individuals and organizations work together, not in isolation. By having greater transparency of the entire process, I believe there would be a much greater likelihood of the overall success of a meaningful program to rebuild our neighborhoods. We need to collaborate and challenge each other, especially when millions of taxpayer dollars from unknown sources may be involved. We must be vigilant so that other key city services are not put in jeopardy. Past Fiscal Summits held by the City Council have stressed these components, and should not be ignored. I request that this information be referred to the Community Relations Committee chaired by Council Vice-President Oliver Davis and the Residential Neighborhoods Committee chaired by Council Member Tim Scott, who is also a member of the Vacant & Abandoned Properties Task Force. I further request that a joint committee meeting be held so that we have the opportunity for good dialogue. Thank you. Most inc- q,... l 1111 Ahh, • Henry Davis, Jr. 2nd District Council Member Attachments -' t,. ice ' H JOHN votvi,T _, ..j CITY CLERK,, .0 t,rr=J Nib,IN Vacant and Abandoned Housing on Calls for Service Thermograph 10-16-07 to 10-30-07 ,..........„ -,.11■1-1■Nr-,-,, '17kc' 7.4 if' pil, •a ( •11/4,1 ,, :3 I ..wri jig „......_ , leveland 1.711E4 .c. .„ , A- .--.- -. WINN Eila■•■•■■ . ' ' - , ° 1 ... MCC ,. .111LN 1 ' r'i Fi ed f.' ' i'•• 41!,,M ‘ I i a g n. c 1_ o [Bola NIA __=, Boland 1 •L, i '., , 4....,.,,.. .13 ,i' ilVilifft° • ; ' ."--.:111`'` . io c raillig Ali* , - I = tL Viridi LathrO. e "r° ‘,,,,,,,,,, 0 i . C''' .—,---.'"''''''' tzgal S 11PM a la 1, 1 w -rog e s -2 ll.. 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A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1047 LINCOLNWAY EAST WHEREAS,Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS,the Common Council must take action within sixty(60)days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS,the Common Council is required to make a determination in writing on such requests,pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS,the South Bend Board of Zoning Appeals has made a recommendation,pursuant to applicable state law. NOW, THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I.The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,requesting that a Special Exception be granted for the property located at: 1047 LINCOLNWAY EAST in order to permit MANUFACTURING OF FOOD PRODUCTS IN A "LB" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing,the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana,hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council PRES NTID art,�apJ NOT APPROVED e Date: February 12,2013 To: Area Board of Zoning Appeals and Common Councilmen and Councilwomen of the City of South Bend South Bend, Indiana From: Sean Meehan and Andrew Walton 2416 River Ave Mishawaka, Indiana 46544 Property in Petition: 1047 Lincoln Way East South Bend, Indiana 46601 Variance Requested: Seeking a Special Exception to allow manufacturing of food products in Local Business"LB" District for use of a Micro-Brewery and Restaurant. With regards to the variance we are seeking,the proposed use will: 1) Not be injurious to the public health,safety,comfort,community moral standards,convenience,or general welfare of the community because all manufacturing being done at the property will be self-contained and all manufacturing materials will be regarded as safe and for human consumption; 2) Not injure or adversely affect the use of the adjacent properties or property values within because all manufacturing materials are regarded as safe and for human consumption; 3) Be consistent with the character of the district in which it is located and the land uses authorized therein because of other businesses located in the immediate area; and 4) Be compatible with the recommendations of the City of South Bend Comprehensive Plan. For Property: 1047 Lincoln Way East South Bend, Indiana 46601 Zoned Local Business("LB") 3rd District of South Bend Valerie Schey—Congresswoman Sean Meehan 2416 River Ave Mishawaka, IN 46544 574-210-6809 X Sean Meehan o r 4- fy —,$) 1/40_ M a1?I 8ft 14ft II 76ft ..._.... + I- N C V' L 2 0 CO S a3 i+ W 1 LJ Q !�y / Q z 0 Q 48ft v J z L ‘r‘-1 J m CO r-s1 ' U di' -0-' �, v) z o Q co M �.r w N -o c - o ' L __J ! d D 130ft 23ft 87fl EXISTING PARKING LOT PLAN • ST JOSEPH RIVER CUSTOMER RESTROOMS ADA AND HALLWAY ENTRANCE BREWERY ALE HOUSE RESTAURANT MAIN ENTRANCE CURB CUT#1 CURB CUT#2 CURB CUT#3 IN OUT OUT • LINCOLN WAY EAST ► cels County Parcels MAILINGAD MAI MAILIN 1 PROP_ADD PRO PROP Rec PARCELID NAME_1 D MAILINGCIT LIN GZIP ! R PROP_CITY P ST ZIP SLM 1072 018-7017- MANAGMENT P 0 BOX LINCOLNW 1 0689 LLC 855 Bristol IN 46507,AY E South Bend IN 46601 SLM '1072 018-7017- MANAGMENT P 0 BOX 1 LINCOLNW 2 0689 LLC 855 Bristol IN 46507 AY E South Bend IN 46601 I !1047 018-7017- 54716 1 LINCLOLNW 3 0684 DKK TRUST Merrifield Dr Mishawaka IN 465451 AY E South Bend IN 46601 I LOTS G2 F2 E2 018-7017- 54716 LINCOLNW 4 0680 DKK TRUST Merrifield Dr Mishawaka IN 46545 AY E BRIDGE 11009 018-7017- FINANCIAL I LINCOLWA .5 0719 SERVICES INC 1009 LWE South Bend IN 46601 1 Y EAST South Bend IN 46601 11044 018-7017- SZYNSKI 1044 Lincoln I LINCOLNW 6 0681 MICHAEL Way East South Bend IN 466141AY E South Bend IN 46601 . SLM 1072 018-7017- MANAGMENT P 0 BOX 1 LINCOLNW 7 0689 LLC 855 Bristol IN 46507 I AY E South Bend IN 46601 MUNICIPAL 11036 018-7017- CITY OF SOUTH County City LINCOLNW 8 067801 BEND Bldg South Bend IN 46601 1AY E South Bend IN 46601 MUNICIPAL ;1036 018-7017- CITY OF SOUTH County City I LINCOLNW 9 067801 BEND Bldg South Bend IN 46601 AY E South Bend IN 46601 1048 018-7017- PETERS LINDA 1048 Lincoln LINCOLNW 10 0683 M Way E South Bend IN 46601 AY E South Bend IN 46601 I LINCOLNW BURKHART IAY& . 018-7017- ADVERTISING Attn:Pat I WEMGER 11 0692 INC Hurley South Bend IN 46615,VAC INDIANA& ,, MICHIGAN ELECTRIC COMPANY ATT: 018-7017- TAX Po Box 220 W 12 0686 DEPARTMENT 16428 Columbus OH 43216 COLFAX AV South Bend IN 46601 SLM '1072 018-7017- MANAGMENT P 0 BOX 1LINCOLNW 13 0689 LLC 855 Bristol IN 465071AY E South Bend IN 46601 • LINCOLNW 018-7017- 54716 AYH 2 W& 14 0682 DKK TRUST Merrifeild Dr Mishawaka IN 46545 K MYCO PTS LOTS E. 018-7017- ENTERPRISES 1008 Lincoln X WENGER- 15 0678 LLC Way East South Bend IN 46601 LLE GRAND TRUNK WESTERN RR% CN BUSINESS 1 131 W 018-7017- DEVEL&REAL Administratio LAYAYETTE 16 0679 ESTATE n Rd Concord ON L4K1 B9 BL South Bend IN 46614 • CC 11 w V O 2'i C µ yyvp0°d 10 co"- pry.°y tp ' F �v��un��:i�u C 5 f V N t �C N _2 M $O¢�'vv F G`a, o,,'3-:t-- • d § �° • 8 --,c6,,,,\. E1 o - w • N �• N a � X0,..1; lStlp�,` .E D,n (� ,�� E ^dnz7l\�7,'w o a° of %eigovs"\k::.:5.-. •:..•'.4.4.'- . •- ' • ''- V--''''''','\'''''\ • a Q�1 l O Q� I 4 �: p } /g a ! ,\ \t ;'' a ,, • r\ O � „-O Fs r fit * k y .c ds �JJn �� \�1 ;-, - ,• ?g r6pp } %p t p ' �\ ti ..,Y 1! a ;-;t ,, °'7"=•-: $a 1 , �N,:,.3,,.:,-;,-i.:, '�� t p 4O 00- IN---;i'/.;'"4- ,•,' 4.: i g\ \ .0 y h — - '; <:; ...-. ”' . F'5-.,. • .' . '1:.';';',..,V.• .,. -'..'.- Aft c 4� '' ,r,�a.�/ _ i. t �� ` t sue. r '� r -`� _` .., j� kT�e - z• 's - )a ,t, �,r. -5-" s t.:� •a sv $ 3` ! ,�,t' ,! ' � i° co }-, L�OLr''8;1.0 " ' , '¢? 0''7''' ' '' e �_.. \ f K, > 4 p � , � '_ L 5^,.. ` O:, .a•- t i', {� '%" s�}r .4 ., �ti���+ L:ut::m9�SCoAdt.-.,�`_W�a...,.e. .. �`....... ' �:.>;,a., AREA BOARD OF ZONING APPEALS OF ST.JOSEPH COUNTY, INDIANA Wednesday,March 6,2013 1:30 p.m. 4th Floor, Council Chambers County-City Building AGENDA 1. The petition of Michael &Teresa Hardy seeking the following variances: from the maximum allowable 1,383 sq. ft. for accessory structures to 1,920 sq.ft.; from the maximum allowable 17'height for accessory structures to 20' and from the maximum allowable 4 stalls for accessory structures to 5, on property located at 825 Potter Point Drive, Centre Township. Zoned"SF 1". 2. The petition of John&Kara Corban seeking a variance to allow a 4'wrought iron fence in front of the wall of the main building, on property located at 117 N. Olive Street, Town of Osceola, Penn Township. Zoned Residential. 3. The petition of Joseph Kafka seeking a variance to allow a 1,728 sq.ft. building on a parcel without a primary building, on property located at 204 S. Harris St.,Town of New Carlisle, Olive Township. Zoned Residential. 4. The petition of Ceres Farms,LLC and Stephen E. & Sharon L. Gumz seeking a variance from the required 600'frontage to 0', on property located on the east side of Smilax Road north of Madison Road, Greene Township. Zoned Agricultural. 5. The petition of Mary Hershberger seeking the following: PARCEL I: from the required 20 acres to 2.19 acres;PARCEL II: from the required 600'frontage to 392', on property located at 62788 Ironwood Road, Madison Township. Zoned Agricultural. 6. The petition of Barnes&Thornburg, LLC seeking a variance from the maximum allowable 385 sq. ft.for an upper level building identification sign to 466 sq.ft. on the north facing façade and to 466 sq. ft.for the south facing façade, on property located at 100 N. Michigan Street, Portage Township. Zoned"CBD". 7. The petition of Sean Meehan and Andrew Walton seeking a Special Exception to allow manufacturing of food products in a"LB" District, on property located at 1047 Lincolnway East,Portage Township. Zoned "LB". OTHER BUSINESS: AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 March 7,2013 The Honorable Common Council of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception of Sean Meehan&Andrew Walton ABZA 3/6/13 Dear Council Members: The above referenced petition of Sean Meehan and Andrew Walton was legally advertised on February 15,2013. The Area Board of Zoning Appeals gave it a public hearing on March 6,2013 at which time the following action was taken: Upon a motion by Mr. Matthys being seconded by Mr. Urbanski and unanimously carried,the petition for Special Exception to allow manufacturing of food products in a "CBD" District, on property located at 1047 Lincolnway East, is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing,and will be forwarded to you at a later date,to be made part of this report. Sincerel Charles C. Bulot, C.B.O. Building Commissioner CCB/cah SPECIAL EXCEPTION PURSUANT 21-09.3(D) AREA BOARD OF ZONING APPEALS SEAN MEEHAN & ANDREW WALTON FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY,COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building,fire safety,traffic,and parking regulations as to not being injurious to the public health,safety, morals,and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance,which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 6TH Day of MARCH,2013. YES NO MICHAEL URBANSKI RANDALL MATTHYS ABSENT JACK YOUNG GERALD PHIPPS ABSENT ROBERT HAWLEY JOE VELLEMAN © BRENDAN CRUMLISH SEAN MEEHAN AND ANDREW WALTON The petition of Sean Meehan and Andrew Walton seeking a Special Exception to allow manufacturing of food products in a"LB"District, on property located at 1047 Lincolnway East, Portage Township. Zoned"LB". MR. ANDREW WALTON: 26559 St. Rd. 2, South Bend. MR. SEAN MEEHAN: 2416 River Ave., Mishawaka. MR. VELLEMAN: Is there anything you would like to add to your petition that would sway our vote your way? MR. WALTON: If we don't get the exception we won't be able to produce beer at the property and that's no good. MR. VELLEMAN: You're currently producing something someplace right now or no? MR. WALTON:No. MR. VELLEMAN: So this is a brand new venture? MR. MEEHAN: Yes sir. MR. VELLEMAN: And it's going to be started just a brew house or is it also going to have the restaurant, are you going to do both sections right off the bat or are you just going to brew beer there for sale or are you going to have a restaurant at the same time? MR. WALTON: The idea is we're going to get the brewery on line so we can start producing packaged beer before we open the main pub portion but it would also include an ale house,a pub portion in the same building. MR. VELLEMAN: By your drawing it looks like, for lack of a better term,the lower section's where your brewery's going to be and then the restaurant will kind of be up on the hill there where they used to have the big... MR. WALTON: Yeah,that's primarily correct. The ale house will be actually on the same level as the brewery but in a different section of the building and then we're going to,the plan is to utilize the upper floor of the building also for family dining. MR. VELLEMAN: How many are you going to employ? MR. MEEHAN: We're not quite sure yet. We're looking at about 25 to 30. MS.NAYDER: I just have a question. When you say ale house, is that more or less mean restaurant or ...? Just your term for restaurant? MR. MEEHAN: Exactly. MR. PHIPPS: What changes are you going to be making to the existing structure? MR. WALTON: We're going to make it a lot more esthetically pleasing, that's our number one goal right now. There's going to be some minor structural changes in the first phase, we've got to install some floor drains, some things of that nature but nothing significant in the plan so far. MR. VELLEMAN: Because that will have to become ADA compliant if you change the use, is that correct? MR. WALTON: Yeah we plan to make it ADA compliant. MR. MATTHYS: Didn't we approve something similar to that for the old State Theatre not so long ago? MR.VELLEMAN: Yeah the State Theatre is also putting in a small micro-brewery as well. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE There was no one present to speak in remonstrance of this petition. MR. CRUMLISH: Mr. Lyons, what is the off street loading requirement for a brewery? MR. LYONS: It's actually based on the restaurant portion and the manufacturing portion separately. We did discuss with them the need that in the future they may need a parking calc but until they've worked out exactly their layout for the restaurant portion, because that would be their largest loading for the parking calc. That they may in future have to come back for a parking variance,they don't know at this time. MR. CRUMLISH: I used the term loading in terms of trucks. MR. LYONS: Oh,for loading? MR. CRUMLISH: Yeah. Don't they need a dock? MR. LYONS: No a building under 10,000 square feet would not need a loading dock. MR. CRUMLISH: I didn't know the area of the building. A motion to send the Special Exception to the Common Council with a Favorable Recommendation was made by Mr. Matthys and seconded by Mr. Urbanski. The motion carried unanimously. After hearing the evidence on the petition, the Area Board of Zoning Appeals find that you did satisfy the Standards as set forth in I.C. 36-7-4-918.5; therefore, the petition for Special Exception was sent to the Common Council with a Favorable Recommendation. Based on the testimony presented,the Area Board of Zoning Appeals, after careful consideration, finds this Special Exception sent to the Common Council with a Favorable Recommendation and will issue written Finding of Facts. PETITION SENT TO THE COMMON COUNCIL WITH A FAVORABLE RECOMMENDATION M rte t 3 RESOLUTION NO. Bill No. 13-18 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA, CALLING FOR A TEMPORARY MORATORIUM ON DEMOLITION OF BUILDINGS WHICH ARE NOT A HEALTH AND PUBLIC SAFETY HAZARD Vi e, a Mayor's Task Force on Vacant and Abandoned Homes has been gathering information in preparation of their upcoming Vacant and Abandoned Report; and Cifiema4 some of the details in the preliminary draft reveal that the City of South Bend has 1,900 houses which are vacant and 1,275 which are abandoned; and hex while the topics of demolition and rehabilitation are being re-assessed, a temporary moratorium on demolition of buildings which are not a true health and public safety hazard is an appropriate route, especially in light of the fact that each home which is slated for demolition is a cost to the taxpayers of approximately$6,000; and an open discussion of this topic and a plan of action would provide citizen engagement and create purposeful enterprise; and - �ex since there has been a significant delay in the public release of the Vacant and Abandoned Report, a temporary demolition moratorium on non-public safety hazard buildings would provide the opportunity to review and refine current policies and procedures addressing demolition through collaborative discussion to ensure standard operating procedures on this topic. Miami ee man aloud yVo Lfnaasuz, &�. Section I. The South Bend Common Council believes that there would be a benefit through the Council's Residential Neighborhood Committee on the City's demolition policies and procedures and their standard operating procedures in this area in collaboration with the Mayor's Task Force on Vacant and Abandoned Buildings. Section II. A temporary moratorium on the demolition of non-public safety hazard buildings for the next sixty (60) days would provide opportunities for the re-assessment of demolition policies which are in the best interests of the City of South Bend, Indiana. Section III. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Council Member Henry Davis, Jr. .0 z 2°4 District South Bend Common Council ,� m ekeq M_ John Voorde, City Clerk Pete Buttigieg, Mayor co PRESENTED .0 Lia "CO NOT APPROVED fi � ADOPTED it 0 ' ;= City of South Bend .�\,\FACE • r -' ��; Common Council 1865 441 County-City Building • 227 W.Jefferson Blvd (574) 235-9321 South Bend,Indiana 46601-1830 Fax (574) 235-9173 http://www.southbendin.gov Derek D. Dieter President Oliver J. Davis Vice-President Karen L. White February 20, 2013 Chairperson, Committee of the Whole The South Bend Common Council Tim Scott 4th Floor County-City Building First District South Bend, Indiana 46601 Henry Davis, Jr. Dear Council Members: Second District Valerie Schey As you are aware, the 2" District has one of the highest rates of home being demolished Third District by the City. I have therefore filed the attached Resolution which calls for a temporary moratorium of such demolitions unless there is a public safety hazard requiring a Fred Ferlic demolition. Fourth District I would like this Resolution sent to the Council's Residential Neighborhoods Committee David Varner for review so that those discussions can take place now. Fifth District Oliver J. Davis I look forward to meeting with you on this next Monday. Sixth District Sincerely Derek D. Dieter At Large Henry Da ' ,J . • 211d District Council Member Gavin Ferlic At Large Attachment Karen L. 'White At Large Algid i ;:t. r1/4' . Office d 4013 y JO t', ''li i Y, :;,s, CITY CLER.c,bQ s'i BEND,IN