HomeMy WebLinkAbout09-08-2025 Agenda Packet
OFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
INTEGRITY | SERVICE | ACCESSIBILITY
Jasmine Jackson Matthew Neal Margaret Gotsch
CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: BIANCA L. TIRADO, CITY CLERK
DATE: THURSDAY, SEPTEMBER 4, 2025
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, September 8,
2025:
Council Chambers
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting
Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/090825CC
4:00 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI
1. Bill No. 49-25 - Alley Vacation - Various Properties Near the Intersection of
Lincolnway West, Leland Avenue, and West Marion Street
2. Bill No. 50-25 - Right-of-Way (ROW) Vacation - Property Located Near the
Intersection of Emerson Forest Parkway and Irvington Drive
3. Update – PFAS in City Water
4. Update – Curbs and Sidewalk Selection and Bid Process
5:00 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS
1. Bill No. 39-25 - Special Exception at 1039 Lincoln Way West (Substitute)
2. Bill No. 52-25 - Special Exception at 1133 Harvey Street & 522 Blaine Avenue
5:15 P.M. RESIDENTIAL NEIGHBORHOODS CHAIRPERSON, WHITE
1. Bill No. 51-25 - Amending Chapter 2, Article 1, Sections 2-12.1.1 Through and
Including Article 1, Section 2-12.1.7 to Update Proceedings for Appointment to and
Duties of the South Bend Common Council Youth Advisory Council
5:25 P.M. COMMUNITY RELATIONS CHAIRPERSON, GOODEN-RODGERS
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
1. Bill No. 53-25 - Amending Chapter 2, Article 1, Sections 2-12.1.15(C) and
2.12.1.17(A) to Add the Duty to Review All Law Enforcement Recordings Relevant
to Any Complaint Filed with the Community Police Review Board Respectively
Council President Canneth Lee has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Community Relations Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE
1. Discussion of Council Agenda
2. Update and Announcements
3. Adjournment
cc: Mayor James Mueller
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge.
Please give Reasonable Advance Request when Possible
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, September 8, 2025
7:00 P.M.
The South Bend Common Council meeting will be open to the public
at the Council Chambers on the 4th floor of the County-City Building, 227 W.
Jefferson Blvd., South Bend, IN 46601
or available by way of a virtual meeting using the Microsoft Teams Meeting
App. Public access to the meeting can be granted by this Microsoft Teams Link:
https://tinyurl.com/SBCC090825
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
AUGUST 25, 2025
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
7. COMMITTEE OF THE WHOLE TIME:_____
BILL NO.
39-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1039 LINCOLN WAY WEST & 50 SHERMAN,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA (SUBSTITUTE)
49-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: VARIOUS PIECES OF PROPERTY NEAR THE
2
INTERSECTION OF LINCOLNWAY WEST, LELAND AVENUE, AND WEST
MARION STREET
50-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: AN EAST-WEST STUB STREET EXTENDING
EASTERLY FROM EMERSON FOREST PARKWAY AND 95 FEET SOUTH
OF IRVINGTON DRIVE IN WOODHAVEN SECTION ONE SUBDIVISION
51-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 1, SECTIONS 2-12.1.1 THROUGH AND INCLUDING ARTICLE 1,
SECTION 2-12.1.7 TO UPDATE PROCEEDINGS FOR APPOINTMENT TO
AND DUTIES OF THE SOUTH BEND COMMON COUNCIL YOUTH
ADVISORY COUNCIL
52-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1133 HARVEY STREET & 522 BLAINE AVENUE
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
53-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 1, SECTIONS 2-12.1.15(C) AND 2-12.1.17(A) TO ADD THE DUTY
TO REVIEW ALL LAW ENFORCEMENT RECORDINGS RELEVANT TO
ANY COMPLAINT FILED WITH THE COMMUNITY POLICE REVIEW
BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD
RESPECTIVELY
8. BILLS ON THIRD READING TIME:______
BILL NO.
39-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1039 LINCOLN WAY WEST & 50 SHERMAN,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA (SUBSTITUTE)
49-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: VARIOUS PIECES OF PROPERTY NEAR THE
INTERSECTION OF LINCOLNWAY WEST, LELAND AVENUE, AND WEST
MARION STREET
3
50-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: AN EAST-WEST STUB STREET EXTENDING
EASTERLY FROM EMERSON FOREST PARKWAY AND 95 FEET SOUTH
OF IRVINGTON DRIVE IN WOODHAVEN SECTION ONE SUBDIVISION
51-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 1, SECTIONS 2-12.1.1 THROUGH AND INCLUDING ARTICLE 1,
SECTION 2-12.1.7 TO UPDATE PROCEEDINGS FOR APPOINTMENT TO
AND DUTIES OF THE SOUTH BEND COMMON COUNCIL YOUTH
ADVISORY COUNCIL
52-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE
ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY
LOCATED AT 1133 HARVEY STREET & 522 BLAINE AVENUE
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
53-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2,
ARTICLE 1, SECTIONS 2-12.1.15(C) AND 2-12.1.17(A) TO ADD THE DUTY
TO REVIEW ALL LAW ENFORCEMENT RECORDINGS RELEVANT TO
ANY COMPLAINT FILED WITH THE COMMUNITY POLICE REVIEW
BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD
RESPECTIVELY
9. RESOLUTIONS
10. BILLS ON FIRST READING
BILL NO.
54-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL
FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES
OPERATIONS FOR THE YEAR 2025 OF $2,237,538 FROM THE GENERAL
FUND (#101), $417,462 FROM THE PARKS AND RECREATION FUND
(#201), $257,800 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202),
$115,000, FROM THE STUDEBAKER-OLIVER REVITALIZATING GRANTS
FUND (#209), ($25,000) FROM THE GIFT, DONATION, BEQUEST FUND
(#217), $5,877 FROM THE CENTRAL SERVICES FUND (#222), $92,780
FROM THE HUMAN RIGHTS FEDERAL GRANTS FUND (#258), $67,234
FROM THE INNOVATION & TECHNOLOGY FUND (#279), $2,267,453
FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND (#600),
$478,000 FROM THE PARKING GARAGES FUND (#601), $705,000 FROM
THE WATER WORKS CAPITAL FUND (#622), $12,100 FROM THE SEWER
4
REPAIR INSURANCE FUND (#640), $310,000 FROM THE SEWAGE WORKS
OPERATIONS FUND (#641), $927,110 FROM THE CENTURY CENTER
OPERATIONS FUND (#670), $500,000 FROM THE CENTURY CENTER
CAPITAL FUND (#671)
55-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR
VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,
INDIANA FOR THE YEAR 2025
56-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, LEVYING TAXES AND FIXING
THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO
MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND
FOR THE FISCAL YEAR ENDING DECEMBER 31, 2026, AND
APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE
EXPENSES OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL
YEAR BEGINNING JANUARY 1, 2026 AND ENDING DECEMBER 31, 2026,
INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND
FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT
57-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING, ADOPTING
AND APPROVING THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION’S 2026 BUDGET AND LEVYING THE TAX AND FIXING
THE RATE OF THE TAXATION FOR THE PURPOSE OF RAISING
REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR
ENDING DECEMBER 31, 2026
58-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A DIRECT LOAN
TO THE DEVELOPER OF AN ECONOMIC DEVELOPMENT FACILITY
(LOW-BARRIER EMERGENCY SHELTER PROJECT) AND APPROVING
OTHER MATTERS IN CONNECTION THEREWITH
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
5
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English
version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 06-18-2025)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Troy Warner, Chairperson Sherry Bolden-Simpson, Member
Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member
Ophelia Gooden-Rodgers, Member Kaine Kanczuzewski, Citizen Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member
Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member
Alice Marie Pickens, Citizen Member Citizen Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Canneth Lee, Member Troy Warner, Member
Rachel Tomas Morgan, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member
Sheila Niezgodski, Member Savino Rivera Jr., Citizen Member
Citizen Member
INFORMATION AND TECHNOLOGY COMMITTEE- Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member
Citizen Member Citizen Member
PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member
Karen L. White, Vice- Chairperson Troy Warner, Member
Citizen Member Citizen Member
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member
Citizen Member Citizen Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member
Carl Littrell, Citizen Member Citizen Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member
Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member
Gabriel Murei, Citizen Member Citizen Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers, and all related matters.
Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member
Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Dr. Oliver Davis, Chairperson Troy Warner, Member
Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member
Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council.
Troy Warner, Member Sherry Bolden-Simpson, Member
2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025)
CANNETH LEE, 1ST District Council Member
President
Council Rules Committee, Member
OPHELIA GOODEN-RODGERS, 2nd District Council Member
Community Relations Committee, Chairperson
Public Works & Property Vacation Committee, Vice-Chairperson
Community Investment Committee, Member PARC Committee, Member
Residential Neighborhoods Committee, Member Utilities Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
PARC Committee, Chairperson Residential Neighborhoods Committee, Member
Health & Public Safety Committee, Member Information & Technology Committee, Member
TROY WARNER, 4TH District Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson
Council Rules Committee, Member Public Works & Property Vacation, Member
PARC Committee, Member Sub-Committee on the Minutes, Member
Zoning & Annexation Committee, Member
SHERRY BOLDEN-SIMPSON, 5TH District Council Member
Utilities Committee, Chairperson Community Relations Committee, Member
Information & Technology, Vice-Chairperson Community Investment Committee, Member
Sub-Committee on Minutes, Member
SHEILA NIEZGODSKI, 6TH District Council Member
Personnel & Finance Committee, Chairperson
Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member
Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member
Utilities Committee, Member
DR. OLIVER DAVIS, AT LARGE Council Member
Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member
Utilities Committee, Vice-Chairperson Information & Technology Committee, Member
Personnel & Finance Committee, Member Health & Public Safety Committee, Member
RACHEL TOMAS MORGAN, AT LARGE Council Member
Vice-President
Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member
Information & Technology Committee, Chairperson
Zoning & Annexation Committee, Vice-Chairperson
Council Rules Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson
Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member
Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson
Filed in Clerk's Office
3 ',)75
Cityof South Bend Bianca Tirado
City Clerk, South Bend, IN
BOARD OF ZONING APPEALS
June 10, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 1039 LINCOLN WAY W
Dear Committee Chair Dr. Davis:
Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please
include the attached Ordinance on the Council agenda for first reading at your June 23,2025(Council
meeting and set it for public hearing at your July 14,2025,Council meeting.The petition is tentatively
scheduled for public hearing at the July 7, 2025, South Bend Board of Zoning Appeals meeting. The
staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to
the Office of the City Clerk by noon on the Wednesday following the public hearing.
The petitioner provided the following to describe the proposed project:
Establishing a U-Haul location for vehicle rentals and associated uses.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing.Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
Orli •
Tim Staub
Zoning Specialist
CC: Bob Palmer
County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning
Substitute 39-25
PLAN
Co4i County-City Building
City of South Bend 227 W.Jefferson Blvd. 1400SS/ oSouth Bend, IN 46601
Board of Zoning Appeals 574) 235-7627
www.southbendin.gov/zoning
f AQLSi0 1?L
i
July 9, 2025
Honorable Committee Chair Davis
Filed in Clerk's Office
4tn Floor, County-City Building JUL 0 9 2025
South Bend, IN 46601
Bianca Tirado
RE: 1039 Lincoln Way West— BZA#0333-25 City Clerk, South Bend, IN
Dear Committee Chair Davis:
Enclosed is a modified Ordinance for the proposed Special Exception at the above referenced
location. The address on the original ordinance was modified from 50 Sherman to 1039 Lincoln
Way West to reflect the correct property indicated by the Parcel ID number: 018-1074-311001.
If you have any questions, please feel free to contact our office.
Sincerely,
0'FA ID
Tim Staub
Zoning Specialist
CC: Bob Palmer
Tim Corcoran Tim Corcoran Scott Ford
Planning Director Interim Zoning Administrator Commission President
Filed in Clerk's Office
SUBSTITUTE BILL NO. 39-25 JUL 0 9 2025
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1039 LINCOLN WAY WEST & 50
SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Establishing a U-Haul location for vehicle rentals and associated uses.
NOW, THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1039 LINCOLN WAY W 018-1077-3245
1039 LINCOLN WAY W 018-1074-311001
In order to permit Vehicle Sales or Rentals
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
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, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at _ o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2 -
Filed in Clerk's Office
JUL U 2025
SUBSTITUTE BILL NO.39-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1039 LINCOLN WAY WEST&50
SHERMAN,COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Establishing a U-Haul location for vehicle rentals and associated uses.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana,as follows:
SECTION 1. The Common Council has provided notice of the hearing on the Petition
from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1039 LINCOLN WAY W 018-1077-3245
50 SHERMAN 1039 LINCOLN WAY W 018-1074-311001
In order to permit Vehicle Sales or Rentals
SECTION II. Following a presentation by the Petitioner,and after proper public hearing,
the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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,if any,established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
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,and legal publication,and full execution of
any conditions or Commitments placed upon the approval.
Canneth Lee,Council President
South Bend Common Council
Attest:
Bianca Tirado,City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend,to the Mayor of the
City of South Bend,Indiana on the day of 2025, at
o'clock .m.
Bianca Tirado,City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025,at o'clock
m.
James Mueller,Mayor
City of South Bend,Indiana
2-
City of South Bend County-City Building
227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend, IN 46601
574) 235-7627
Filed in Clerk's Office
July 9,2025
Common Council of South Bend
JUL a 2995
227 W.Jefferson Blvd,4th Floor Bianca Tirado
South Bend, IN 46601 City Clerk, South Bend, IN
Re: Bill#39-25: The petition of FARHAN MOHAMMED seeking a Special Exception for the use of
Vehicle Sales or Rentals (21-06.01(k)) in the NC Neighborhood Center for property located at 1039
LINCOLNWAY and 1039 LINCOLNWAY
Dear Council Members:
I hereby Certify that the above referenced petition of FARHAN MOHAMMED was legally advertised on
June 27,2025 and that the South Bend Board of Zoning Appeals at its public hearing on July 7,2025 took
the following action:
Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and unanimously carried, a
petition by FARHAN MOHAMMED seeking a Special Exception for the use of Vehicle Sales or
Rentals (21-06.01(k)) for property located at 1039 LINCOLNWAY and 1039 LINCOLNWAY, City
of South Bend, is sent to the Common Council with an unfavorable recommendation, and will issue
written Findings of Fact.
The staff comments related to this petition are attached. The Findings of Fact will be adopted at the next
South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office
and will be posted on our website once approved.
If you have any questions,please feel free to contact our office.
Sincerely,
Timothy Staub
Zoning Specialist
Attachment
CC: FARHAN MOHAMMED
Building Department
Bob Palmer
Staff Report— BZA#0352-25 July 7, 2025
Property Information
Location: 1039 LINCOLNWAY and 1039 LINCOLNWAY
Owner: FARHAN MOHAMMED
Project Summary
To allow Vehicle Sales or Rentals (21-06.01(k))
Requested Action
Special Exception: Vehicle Sales or Rental [21-06.01(k)]
Site Location
a
T 14f jai ` _
r.. J LINDSEY AVE
I
c raw i
L'71a-,1_
ft.%.
I k
4i %., t_ii, I1.,ti' .,
tt10
J
a,
S6-''q/ t ,
14111111
10,_ 4AI% - •__ - Iliti %
rl %a' , . , 1'4. . I
fi L. 4 1 \/Q.Z A.,
n
4
il*w:-: I-
Staff Recommendation
Based on the information provided prior to the public hearing, the staff recommends the Board
send the petition to the Common Council with an unfavorable recommendation.
SOUTH BEND BOARD OF ZONING APPEALS 0
N
OeV M
South Bend Zoning N
O.
gt.e1
tit_1
a
i
d
Q
W
a
a
d
C7
z
z
0
kr)
N
N W
1 0
r-i
In C
o a
i ' a
Q
5/14/2025,10.26:23 AM 1.564 0
CO
N ,+__+ 0 0 0.01 0.01 m i
m (n n perm,2023_Aerials Crty Limits I r ,' , ' l
r Ca
I -0 Red Band 1 0 0.01 0.01 0 02 km W
0 WI Comm•sly ll4s ColtTtbs,Ul Sena.,oT Notre Dane.St Jowl CO
L to Green.Band_2 cntly GIS, o CpemStaeetw. utlosor, Es n, Tommm, Gam k.
Ca. Q In Blue: Band_3 cgrorson Ile lid-Depa mne rt orcomm r rly ouertme et E'-e
Q.) 0 nk map I bbe uedbreee we osyasddoes 1ot031e5aE an olrb13l6 emeyorpope Iv let nkm4sloutlbe aedbrpte slug imposts cult Please Cos1SCttle DeparmeltotCanme oaf tsuesmlltbrmore him at or 07e)2456022
I.-ca
t~
CIa,
CA
Staff Report— BZA#0352-25 July 7, 2025
Criteria for Decision Making: Special Exception
A Special Exception may only be granted upon making a written determination, based upon
the evidence presented at a public hearing, that:
1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
The proposed use should not be injurious to the public healthy, safety, comfort, community
moral standards, convenience or general welfare. It is a retail space where vehicles will be
rented. The use should not cause any of these nuisances.
2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed use may injure or adversely affect the use of the adjacent area or property
values therein. The visual impact of a truck parking lot could have a negative impact on
surrounding properties that are seeing infill residential development.
3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The proposed use is not consistent with the character of the district in which it is located and
the land uses authorized therein. The intent of the district and the surrounding neighborhood
is to produce an urban, walkable area with non-auto centric uses.
4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed use is not compatible with the recommendations of the Near Northwest
Neighborhood Plan (2019). The plan calls for the property to be Neighborhood Center as a
hub for pedestrian-scale storefront retail and professional offices with active building
facades. Vehicle sales and rental does not fulfill this intent.
Analysis & Recommendation
Analysis: The neighborhood plan calls for the property to be Neighborhood Center as a hub for
pedestrian-scale storefront retail and professional offices with active building facades. Vehicle
sales and rental does not fit within this guidance. This is a fairly dense neighborhood which is
seeing urban infill, it will need a more urban style land use to support that infill. Vehicle rental is
more generally meant for suburban areas. Any auto-oriented use in an NC should also be set
behind the building. Additionally, the lots involved in the application cross over the public right-
of-way in terms of an alley. Such a use would require the city's permission to utilize the right-of-
way to conduct business or an alley vacation, which is not established at this time.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board send the petition to the Common Council with an unfavorable
recommendation.
SO III 13FyD BOARD OF ZONING APPEALS Page 3 of'',
Filed in Clerk's Office
BILL NO. 39-25 J U N 1 3 2025
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1039 LINCOLN WAY WEST & 50
SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to establish a U-Haul location for vehicle rentals and
associated uses.
NOW, THEREFORE, BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1039 LINCOLN WAY W 018-1077-3245
50 SHERMAN 018-1074-311001
In order to permit Vehicle Sales or Rentals
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
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, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at
o'clock . m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2 -
City of South Bend 227 W. Jefferson - Suite 1400S
South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information
Tax Key Number:71-08-02-334-011.000-026
Address: 1039 Lincoln Way West South Bend, IN 46616
Owner: Mohammed Farhan
Zoning: NC Neighborhood Center
Project Summary:
The proposed U-Haul rental business aims to provide a convenient and accessible
transportation solution while supporting economic growth by creating jobs, increasing foot
traffic to nearby establishments, and contributing to the local economy.
Requested Action
Special Exception/ Use Variance— complete and attach Criteria for Decision Making
Use requested:Vehicle Sales OR Rentals/ U-Haul Rental Services
Variance(s) -List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Filed in Clerk's Office
13
Bianca Tirado
City Clerk, South Bend, IN
Required Documents
Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale
Filing Fee
Criteria for Decision Making
Special Exception -if applicable
A Special Exception may only be granted upon making a written determination, based upon the
evidence presented at a public hearing. Please address how the project meets the following criteria.
1)The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare, because:
The proposed U-Haul rental service will operate responsibly, minimizing
disruption to the community through traffic flow measures, safety
compliance, and controlled operating hours. It will serve as a valuable
resource for residents and businesses, enhancing transportation
convenience while supporting local economic activity. Potential concerns
about aesthetics and community standards will be addressed with proper
signage, property maintenance, and zoning adherence, ensuring
accessibility without negatively impacting public health, safety, or welfare.
2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The business will be designed and operated to seamlessly integrate with
surrounding properties, maintaining the aesthetic and functional integrity of
the area. Measures will be taken to minimize any potential impact on traffic
flow, noise levels, or environmental conditions, ensuring that neighboring
properties retain their value and appeal. Furthermore, the presence of a
U-Haul rental facility can increase convenience for local businesses and
residents, potentially enhancing the desirability of the surrounding properties
rather than diminishing their worth.
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:
The district currently supports commercial and service-oriented businesses,
making this rental facility a natural addition to the existing landscape. The
proposed use aligns with the district's economic and developmental goals,
supporting local commerce and providing necessary transportation solutions
for residents and businesses alike. Additionally, the facility's design and
operational practices will be carefully tailored to match the character of the
area, preventing any disruption to the established neighborhood atmosphere.
4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The Comprehensive Plan emphasizes responsible land use and economic
development, both of which are supported by this proposal. The business
will provide an essential service that facilitates mobility and commerce,
reinforcing the plan's objectives for accessibility, business growth, and
community convenience. Additionally, the proposed operations will be
structured to ensure compliance with zoning standards, environmental
considerations, and neighborhood cohesion, further aligning with the
long-term vision set forth in the plan.
Criteria for Decision Making
Variance(s) -if applicable
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. Please address how the project meets the following criteria:
1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community, because:
N/A
2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner, because:
N/A
3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
N/A
4)The variance granted is the minimum necessary, because:
N/A
5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
N/A
Contact Information
Property owner(s) of the petition site:
Name: Mohammed Farhan
Address: 20792 S Gatehouse Dr
South Bend, IN 46637
Name:
Address:
Name:
Address:
Contact Person:
Name: Fares Farhan
Address: 1828 Tea Rose Lane
Mishawaka, IN 46544
Phone Number:
574-217-1405
faresfarhan1990@gmail.com
E-mail:
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owner (s) Signatures:
1
l 6 Vvf I St. Joseph
t wn5socwres
LowTaxInfo County LLUO .
alum
1039 Lww Farhan Mohammed
P.O.Box 11664
South Bend, IN 46616 South Bend,IN 46634
Spring Due by 05/12/2025:$0.00
Fall Due by 11/10/2025:$0.00
1{pP 0.00
v Total Due Q
11
Property Information
Tax Year/Pay Year Homestead Credit Filed?
2024/2025 No
Parcel Number Over 65 Circuit Breaker?
71-08-02-334-011.000-026 No
Duplicate Number Legal Description
62591 Note:Not to be used on legal documents
Property Type
E 1/2 Lot IA H Cushings
Real Section-Township-Range
Tax Unit/Description
No Info
18-South Bend-Portage Parcel Acres
Property Class
No Info
COMMERCIAL DRIVE-IN RESTAURANT Lot Number
No Info
Mortgage Company
None Block/Subdivision
TIF
No info
126 River West 1-SB Portge 026
South Bend Zoning
fC:4--
Lck',
s_-
yet
5/14/2025, 10:26:23 AM 1:564
Aerials
0 0 0.01 0.01 mi
2023Parcel EJ City Limits I - ,.— , ' I
I , . y I
Red: Band 1 0 0.01 0.01 0.02 km
Green:Band 2 Esri Community Maps Contributors, University of Notre Dame,St Joseph
County GIS, ® OpenStreetMap, Microsoft, Esri, TomTom, Garmin,
Blue: Band_3 City of South Bend-Department of Community Investment
This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more information(574)245-6022
County-City Building
227 W Jefferson Blvd, Suite 1400 S
South Bend, IN 46601
James Mueller, Mayor . r.rr.n.n.:-•.. �
I \2
l, { \
=
City of South Bend
July 15, 2025
Office of The City Clerk
County-City Building
Department of Community Investment
227 W Jefferson Blvd, 4th Floor
South Bend, IN 46601
Phone
Email
Website
311 insi de City limits
31 l@southbendin.gov
Southbendin.gov
Filed in Clerk's Office
AUG 1 5 2025
Bianca Tirado City Clerk, South Bend, IN
RE: Alley/Street Vacation -618, 620, 622 Marion St., 419,421,425 Leland Ave., & 627
LWW
To Whom it May Concern,
I, Erin Michaels, the Property Development Manager for the City of South Bend, am
submitting a request for an alley/street vacation on behalf of the Redevelopment
Commission for the properties located at 618, 620, 622 Marion St., 419,421, 425 Leland
Ave., & 627 LWW.
The Redevelopment Commission is submitting this request to for a vacation of the
alley/street for these properties in relation to a disposition of these properties to Advantix
Development Corporation for the construction of LIHTC income-based housing.
If you have any questions regarding this correspondence, please feel free to contact me
at emichaels southbendin. ov or (574) 235-5931.
Sincerely,
Erin Michaels
Property Development Manager
49-25
Filed in Clerk's Office
A.u G 1 5 2025
BILL NO. 49-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
VARIOUS PIECES OF PROPERTY NEAR THE INTERSECTION OF LINCOLNWAY
WEST, LELAND AVENUE, AND WEST MARION STREET
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation in relation to the disposition of properties located at 622
Marion St., 620 W. Marion St., 618 W. Marion St.,425 Leland Ave., 421 Leland Ave.,419
Leland Ave., and 627 Lincolnway West from the Redevelopment Commission to Advantix
Development Corporation for the construction of Low Income Housing Tax Credit
LIHTC") income-based housing units.
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
Ordinances 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:
Various pieces of property near the intersection of Lincolnway West, Leland Avenue, and
West Marion Street, more particularly described as set forth in Exhibit A.
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 properties may be injuriously or beneficially affected by
such vacating:
627 Lincolnway West—ID 018-1055-2359
419 Leland Avenue—ID 018-1055-2358
421 Leland Ave—ID 018-1055-2357
425 Leland Ave—ID 018-1055-2356
535 Lincolnway West—ID 018-1021-0901
1
No Address Parcel ID 018-1021-0899
No Address Parcel ID 018-1021-0886
No Address Parcel ID 018-1021-0885
528 W Marion Street—ID 018-1021-0884
No Address Parcel ID 018-1021-0883
528 W Madison Street—ID 018-1021-0882
526 W Madison Street—ID 018 1021-088201
520 W Madison Street—ID 018-1021-0881
SECTION IV. The purpose of the vacation of the real property is in relation to the
disposition of properties located at 622 Marion St., 620 W. Marion St., 618 W. Marion St., 425
Leland Ave., 421 Leland Ave., 419 Leland Ave., and 627 Lincolnway West from the
Redevelopment Commission to Advantix Development Corporation for the construction of Low-
Income Housing Tax Credit ("LIHTC") income-based housing units.
SECTION V. The vacation is subject to the elimination of any alley approach by hiring a
private contractor bonded with the City to tear out the approach, replace with curb, and establish
a tree lawn in accordance with City standards and specifications within ninety (90) days of final
approval by the Common Council.
SECTION VI. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of 2025.
Canneth Lee, President,
South Bend Common Council
ATTEST:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2025, at o'clock_.m.
Bianca Tirado, City Clerk
Approved and signed by me on the day of 2025, at o'clock .m.
James Mueller, Mayor, City of South Bend, Indiana
2
EXHIBIT A
A PARCEL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2,TOWNSHIP 37 NORTH, RANGE 2 EAST,
PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 28 IN HENRICKS&GRANTS ADDITION TO THE CITY
OF SOUTH BEND, RECORDED UNDER INSTRUMENT NUMBER 6070022 IN THE OFFICE OF THE RECORDER
OF ST.JOSEPH COUNTY;THENCE NORTH 62°02'47"WEST ALONG THE NORTHERLY LINE OF SAID LOT 28,
15.87 FEET TO THE POINT OF BEGINNING, BEING A POINT OF CURVE TO THE LEFT, HAVING A RADIUS OF
255.00 FEET,SUBTENDED BY A CHORD LENGTH OF 18.02 FEET, BEARING NORTH 80°29'29" WEST;
THENCE NORTHWESTERLY ALONG SAID CURVE, 18.02 FEET TO THE WESTERLY LINE OF THE EAST HALF
OF SAID LOT 28;THENCE NORTH 27°45'09" EAST,ALONG SAID WESTERLY LINE AND LINE EXTENDED,
16.19 FEET; THENCE SOUTH 17°07'08" EAST,8.24 FEET TO A POINT OF CURVE TO THE LEFT, HAVING A
RADIUS OF 16.00 FEET,SUBTENDED BY A CHORD LENGTH OF 12.24 FEET, BEARING SOUTH 39°36'17"
EAST;THENCE SOUTHEASTERLY ALONG SAID CURVE, 12.56 FEET TO THE POINT OF BEGINNING;SAID
PARCEL CONTAINING 107 SQUARE FEET, MORE OR LESS,AND SUBJECT TO EASEMENTS,COVENANTS,
AND RIGHT OF WAY OF RECORD.
THIS DESCRIPTION WAS PREPARED BY MICHAEL J. ROZYCKI, INDIANA REGISTERED LAND SURVEYOR,
LICENSE NUMBER 20500010, WITH ABONMARCHE CONSULTANTS INC.AND IS BASED ON RECORD
INFORMATION.
1 ttttrtttio0/.r":4-1,07 7Y(..,MICHAEL J. ROZYCKI S DATE s`G15TFi?,,,,
eo
LS20500010
STATE OF
H,Iin a``
C:\Users\creber\Desktop\17-1075 City of South Bend\CADA_Survey\Legals and Reports\EXHIBIT A-VACATION 28(EAST)107 SQFT.docx
EXHIBIT B
NARION(
R/W VAR ES)
T
R/W VACATION
107± SQ. FT.
0 15 0
w Scale 1"=301
46s
R)/iv ONS
t— _--
ci
o.c. q TRFR/
J
Fr
NE. COR.FS
LOT 28
1.--2_S
t 27
z hm T
Gel S BENp 'o
0. HENRICKS OUTI o
TO THE CITY #6070 / iti
P INS R
V-.>
P ,TT i o,
xi
i
s
7
LINE DATA TABLE
0
Iq.
q
LINE # BEARING LENGTH
Fy L1 N62'02'47"W 15.87'
tTIr.
L2 N27'45'09"E 16.19'
L3 S17'07'08"E 8.24'r
a
s.
o CURVE TABLE
v
CURVE # LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH TANGENT
ca
LI Cl 18.02' 255.00' 4'02'55" N80'29'29"W 18.02' 9.01'
Nal C2 12.56' 16.00' 44'58'19" S3936'17"E 12.24' 6.62'
a
RIGHT OF WAY IABONMARCHE
VACATION yU Lincoln Woy Lost Battle Creek Goshen
South Bend,IN 46601 Benton Harbor Hobart
Q T 574.232.8700 Lafayette South Hoen
A PARCEL LOCATED IN THE SE 1/4 OF F574.251.4440 South Bend
South v
ii SEC. 2, T37N, R2E, CITY OF SOUTH BEND,
obonmarche.corn
y ST. JOSEPH COUNTY, INDIANA
DATE: 3/18/2019 ACI JOB#: 17-1075 ro i
COPYRIGHT 2019-ABONMARCHE CONSULTANTS.INC.
0011-4.
04 \'I'p
1316 COUNTY-CITY BUILDING G PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD il FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 5': ''t AOr
1865
CITY OF SOUTH BEND JAMES MUELLER,MAYOR
BOARD OF PUBLIC WORKS
Filed in Clerk's Office
June 10,2025
Ms.Erin Michaels AUG , 2025
Department of Community Investment Bianca Tirado
227 W.Jefferson Blvd.,Suite 1400 S City Clerk, South Bend, IN
South Bend,IN 46601
emichaels a,southbendin.gov
1. RE:Alley/Street Vacation—618,620,622 Marion St.,419,421,425 Leland Ave.,&627 LWW
Preliminary Review)
Dear Ms. Michaels:
At its June 10,2025 meeting,the Board of Public Works reviewed comments by the Engineering Division,
Community Investment,Fire Department,Police Department. The following comments and recommendations were
submitted:
Per IC 36-7-3-13,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.
Therefore,the Board of Public Works submitted a favorable recommendation for the vacation.If you still
wish to pursue this vacation,please bring this BPW Recommendation Packet to the City Clerk's Office,located on
the 4' floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council,
approval of an ordinance,and certification of the ordinance from the Mayor. The property then must be recorded
with the Recorder's Office to ensure that your 50%ownership of the property is appropriately transferred to your
name.If you have any questions about how the vacation will affect your property taxes,please contact the Auditor's
Office.
In its Ordinance, the City of South Bend Common Council included the Board of Public Works'
requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear
out the approach, replace with curb, and establish a tree lawn in accordance with City standards and
specifications.These updates should be made within ninety(90)days of final approval from the Common Council.
Please notify us when this work is complete.If you have any further questions,please call this office at(574)235-
9251.
Sincerely,
s/Theresa Heffner
Theresa Heffner,Clerk
Enclosures
TH/hh
ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BREANA N.Micou
4s'uTH84yd
Y < Y
1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: April 30, 2025
TO: Kyle Ludlow, Public Works
Kara Boyles, Engineering
Chris Dressel, Community Investment
Derek Erquhart, Fire Department
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk (theffner@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION
APPLICANT: Erin Michaels — Department Community Investment
LOCATION: 618,620,622 W. Marion St., 419,421,425 Leland Ave. & 627 Lincoln Way West
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED
ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA:
1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood
in which it is located or to which it is contiguous.
2. The vacation would/would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
3. The vacation would/would not hinder the public's access to a church,school or other public building
or place.
4. The vacation would/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.
PUBLIC WORKS/ENGINEERING: Favorable Recommendation
COMMUNITY INVESTMENT: Favorable Recommendation
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
v.2024-07-30
4 ,
LTH STREET/ALLEY VACATION BPW APPLICATION
City of South Bend - Board of Public Works
7 `') 1 227 W. Jefferson Boulevard, Ste. 1316
South Bend, IN 46601
Date: 04/30/2025 Phone#: 574-235-5931
Name: Erin Michaels Email: emichaels@southbendin.gov
622 MARION ST,620 W MARION ST,618 W MARION ST,425 LELAND AVE,421 LELAND AVE,419 LELAND AVE&627 LINCOLN WAY WEST
Property Address:
Applicant property information: Z Residential n Commercial Industrial
Describe the general street/alley location with boundaries(Ex:1st East/West Alley,west of St. Peter St and
north of Howard St):
Please see attached drawing showing overall proposed vacation
Describe the reason for the request,proposed use,and any changes made to the request following from
preliminary review:
This vacation request is in relation to the disposition of these properties from the Redevelopment
Commission to Advantix Development Corporation for the construction of LIHTC income-based
housing units.
The following MUST be attached to this application:
300 payment(check or money order)
Preliminary review form with staff comments
Office Use Only
Fee Paid Date:_4/28/25
Check/Money Order#: See attached
BPW Recommendation:Favorable El Not Favorable
01 ib44. tit
Elizabeth A.Maradik,President Joseph R.Molnar,Vice President
Gary A.Gilot,Member Breana N.Micou,Member
i1C///
Murray L.Miller,Member Theresa M.Heffner,Clerk
This application expires 90 days from the BPW meeting date,which is September 10,2025.
v.2024-07 30
4500118%, STREET/ALLEY VACATION PRELIMINARY REVIEW
City of South Bend - Board of Public Works
227 W. Jefferson Boulevard, Ste. 1316
4!065 South Bend, IN 46601
Date: 1/13/2025 Phone#: 574-235-5931
Name:
Erin Michaels
Email: emichaels@southbendin.gov
Property 622 W MARION ST,620 W MARION ST,618 W MARION ST,425 LELAND AVE,421 LELAND AVE,419 LELAND AVE&627 LINCOLN WAY W
Address:
Applicant property information: Residential Commercial Industrial
Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St):
Please see attached drawing showing overall proposed vacation
Is your property adjacent to the street/alley of interest? Yes \
Do any property owners currently access the street/alley? Yes
Is there a future property development plan associated with this request? Yes
Describe the reason for this vacation request and proposed use:
This vacation request is in relation to the disposition of these properties from the Redevelopment
Commission to Advantix Development Corporation for the construction of LIHTC income-based
housing units.
This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic
criteria. Staff will review the information provided and give feedback to the applicant.
OFFICE USE ONLY:
Do less than 50%of properties on the full block have direct street access? Yes N'o
Is this the only midblock connection? Yes \o
Is the block length greater than 600'? Yes 0 o
Will the vacation result in:dead end alley,interference with bike route,violations of Yes ' \.,
minimum traffic safety standards?
Are there public or private utilities in the alley? Yes
Preliminary Staff Comments:
Staff is providing a favorable recommendation to this series of vacation requests. Note - First
two items above are non-applicable.
VZLO-L IL ON Toad AID
S1N3W3A021/W1 NO11.03S2131N1
a. ••••,.... V 0.11S NIAVVV STISVHD aNv
1 75
3HONVYYNOOVIO 1S3M AVM N103N11 AVM 10 1HOW
4s
I i
i
5'11.
A?
I-, '•
NH
I r
c., N....
Ns..
7.:_iii
a .
s s,
4,,,,,,,,,,
al • Al
I 11 t-
s.,....
1 gt
1.,a
et
5`
vt
4,
5,....
4%
A
i
iy
ti
r,
tiiiiii•=i•Wiili■=•••iii-i
August 15, 2025
South Bend Common Council
227 West Jefferson Blvd
Suite 441 S
South Bend, TN 4660 I
2186 East Centre A venue
Portage, Michigan 49002
Filed in Clerk's Office
A G 1 5 2025
Bianca Tirado City Clerk, South Bend, IN
Re: Undeveloped Street Stub-Alley/Right of Way Vacation; Emerson Forest Parkway/Irvington
Drive in Woodhaven Section One Subdivision
Dear Honorable Council,
Please accept this Ordinance for an Alley/Right of Way (ROW) Vacation of an undeveloped street
stub located along the east side of Emerson Forest Parkway, 95-feet south of Irvington Drive,
within the Woodhaven Section One subdivision. The proposed ROW vacation is approximately
25' in width (45' with flare at west end) and 85' in length and comprises 2,211 square feet or 0.05
acre. This originally planned street stub was never constructed within the ROW and no utilities
were installed. This undeveloped street stub ROW area is proposed to be replaced with a portion
of a newly platted lot within a new major subdivision to be called "Woodhaven Hills". The
attached exhibit depicts the area of the proposed ROW vacation along with its relationship to
Emerson Forest Parkway and Irvington Drive.
This proposed ROW vacation will not hinder the orderly growth or development of the property
or adjacent neighborhood in which it is located. Other public street accesses to the property have
been incorporated into the major subdivision of "Woodhaven Hills". The proposed ROW vacation
will also not make access to the property by means of public way difficult or inconvenient and will
not hinder the public's access to a church, school or other public building or place. Current access
from Emerson Forest Parkway and Irvington Drive will be maintained and not restricted in any
way.
Sincerely,
John Lovely
Land Development Manager
Allen Edwin Homes
2186 East Centre A venue
Portage, Michigan 49002
(269)391-0542
j lovely@allenedwin.com
50-25
Docusign Envelope ID: 1C3280CB-8E3D-45CE-9388-9818869E5554
Filed in Clerk's Office
AUG 15 2025
Bianca Tirade
City Clerk, South Bend, IN
April 9, 2025
Eric Horvath, Executive Director of the Department of Public Works
City of South Bend
227 W Jefferson Boulevard, Suite 1300 N
South Bend, Indiana 46601
Tim Corcoran,Director of Planning&Community Resources
City of South Bend
227 W Jefferson Boulevard, Suite 1400 S
South Bend, Indiana 46601
Re: Parcel Nos. 71-08-22-251-012.000-026, 71-08-22-251-013.000-026, 71-08-22-251-011.000-
026, 71-08-22-251-010.000-026, 71-08-22-251-031.000-026 (Lot 122) and 71-08-22-251-
032.000-026 (Lot 123)
Dear Mr. Horvath &Mr. Corcoran,
I own the above referenced parcels totaling approximately 47.95 acres located on the east side of
Locust Road in the City of South Bend, St. Joseph County, Indiana. I confirm that Green
Development Ventures,LLC/Allen Edwin Homes,has authorized consent to submit for municipal
approvals and permits (subdivision plan review, utility permits, right of way vacation, etc.) that
may be required for the development of the subject parcel. I also confirm that I am willing to
approve of and sign off on the proposed right of way vacation directly south of Lot 122 of the
Woodhaven Section 1 Plat.
Feel free to contact us with questions or concerns.
Sincerely,
Signed by:
II II Qltitn, Iola) Ot,V'u}tln.IJ 44 1s, (POOH 4)&t& UI,
82AB10336ACA458..
Mary Ann Boulac
Operating Manager
WOODHAVEN, LLC
14009 Jefferson Boulevard, Suite C
Mishawaka, IN 46545
Filed in Clerk's Office
AUG 15 2025
BILL NO. 50-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
AN EAST-WEST STUB STREET EXTENDING EASTERLY FROM EMERSON
FOREST PARKWAY AND 95 FEET SOUTH OF IRVINGTON DRIVE IN
WOODHAVEN SECTION ONE SUBDIVISION
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation of the undeveloped stub street to be replaced with a
portion of a newly platted lot for a proposed major primary subdivision.
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
Ordinances 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:
An east-west stub street extending easterly from Emerson Forest Parkway and 95 feet south
of Irvington Drive in Woodhaven Section One Subdivision, more particularly described as
set forth in Exhibit A.
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 properties may be injuriously or beneficially affected by
such vacating:
Parcel ID 018-8154-554553
Parcel ID 018-8154-5545
Parcel ID 018-8154-554501
1
SECTION IV. The purpose of the vacation of the real property is for the undeveloped
stub street to be replaced with a portion of a newly platted lot for a proposed major primary
subdivision..
SECTION V. The vacation is subject to the elimination of the alley approach by hiring a
private contractor bonded with the City to tear out the approach, replace with curb, and establish
a tree lawn in accordance with City standards and specifications within ninety (90) days of final
approval by the Common Council.
SECTION VI. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of 2025.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2
EXHIBIT A
LEGAL DESCRIPTION
A PART OF WOODHAVEN SECTION ONE,AS RECORDED IN INSTRUMENT NUMBER 0542475 IN THE OFFICE OF
THE ST.JOSEPH COUNTY RECORDER, SAID PLAT BEING IN THE WEST HALF OF THE NORTHEAST QUARTER OF
SECTION 22,TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP,ST.JOSEPH COUNTY, INDIANA,AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE BASED UPON THE RECORDED PLAT OF SAID WOODHAVEN
SECTION ONE.
BEGINNING AT THE SOUTHEAST CORNER OF SAID WOODHAVEN SECTION ONE; THENCE NORTH 00°16'28"
WEST,ALONG THE EAST LINE OF SAID WOODHAVEN SECTION ONE,A DISTANCE OF 25.00 FEET TO THE
SOUTHEAST CORNER OF LOT 122,AS SHOWN ON SAID WOODHAVEN SECTION ONE; THENCE SOUTH 89°43'33"
WEST,ALONG THE SOUTH LINE OF SAID LOT 122, A DISTANCE OF 65.00 FEET TO THE POINT OF CURVATURE OF A
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET,AND SUBTENDED BY A CHORD BEARING
NORTH 46° 16' 28"WEST,A DISTANCE OF 28.28 FEET; THENCE NORTHWESTERLY,ALONG SAID CURVE,AN ARC
DISTANCE OF 31.42 FEET TO THE EAST RIGHT OF WAY LINE OF EMERSON FOREST PARKWAY; THENCE SOUTH
00° 16' 28" EAST,ALONG THE EXTENDED EAST RIGHT OF WAY LINE OF SAID EMERSON FOREST PARKWAY,A
DISTANCE OF 45.00 FEET TO THE SOUTH LINE OF SAID WOODHAVEN SECTION ONE; THENCE NORTH 89°43' 33"
EAST,ALONG SAID SOUTH LINE,A DISTANCE OF 85.00 FEET TO THE POINT OF BEGINNING
CONTAINING 2,211 SQUARE FEET(0.05 ACRES), MORE OR LESS, AND SUBJECT TO ALL COVENANTS, RIGHTS OF
WAY,AND EASEMENTS OF RECORD.
4/07/2025 tUII iii/i
HANS P. MUSSER, PS DATE S
1•M06,
1*
SE
LS29700002 E =
JOB NO.: 24-2170 STATE OF
OIAt ss
i',' S URv`
1111
0:\PROJECTS\2024\24-2170 WOODHAVEN HILLS\WORKING-
DESIGN\SURVEY\LEGALS AND REPORTS\24-2170 RIGHT OF WAY
VACATION DESCRIPTION.DOCX
EXHIBIT B
PART OF WOODHAVEN SECTION ONE LOCATED IN THE
WEST HALF OF THE NORTHEAST QUARTER OF SECTION 22,
TOWNSHIP 37 NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA
IRVINGTON DRIVE
60' R/W)
ig
W
M
O
O F
rn
LOT 122 tg
o a
I I WOODHAVEN
oc
NC I SECTION ONE
F.:
ce
Q
INSTR.#0542475
a
cn
r--W 0 20 40
LOT 36
SCALE : 1=40'
w WOODHAVEN 0 I
R=20',L=31.42'
3 SECTION ONE I D=89°59'S9"
INSTR.#0542475 O
v
CH:N45°16'28"W,28.28'
NaI* S00°16'28"E
S89°43'33"W 65.00' N00°16'28'W
Y 45.00'1 \ 25.00'
z
LU0
S. UNE WOODHAVEN. SECTION ONE N89`43'33"E 85.00'
N Description Area SEO.B.
CORNER
0.05t ACRES WOODHAVEN,
r, SECTION ONE
WOODHAVEN,LLC
INSTR.#0408108
a
L'
v
B9S OF BEARING: WOODHAVEN, SECTION ONE
IABONMARCHE
315
RIGHT OF WAY VACATION SKETCH SouWeest d.
IN.46rson 0l1 Benton HarborHobart so
Sou*h Bend.IN.46601 South Bend Hobart
r
T 574.232.8700 Goshen Kalamazoo
WOODHAVEN,SECTION ONE F 574.251.4440 tort Wayne Grand Haven
N abonmarche.com Lafayette Grand Rapids
0N
COPYRIGH"2E25-ABONMARCHE CCNSU:ANIS.NC. Eng seenrg Architeclwe Lane S.irveyiyN
U
DATE: 04/07/2025 ACI JOB#:24-2170 SHT: 1 of 1
o'
O
1316 COUNTY-CITY BUILDING U,PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD FAX 574/235 9171
SOUTH BEND,INDIANA 4660 1-1 8 30
x
CITY OF SOUTH BEND JAMES MUELLER,MAYOR
BOARD OF PUBLIC WORKS Filed in Clerk's Office
July 22,2025 AUG 1 5 2025
Woodhaven,LLC Bianca Tirado
14009 Jefferson Blvd.,Suite C City Clerk, South Bend, IN
Mishawka,IN 46545
jlovely@allenedwin.com
RE: Alley/Street Vacation—An East-West Stub Street Extending Easterly from Emerson Forest Parkway and
95'South of Irvington Drive in Woodhaven Section One Subdivision. (Preliminary Review)
To Whom is May Concern:
At its July 22,205 meeting,the Board of Public Works reviewed comments by the Engineering Division,
Community Investment,Fire Department,Police Department. The following comments and recommendations were
submitted:
Per IC 36-7-3-13,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.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
Right-of-Way. If you still wish to pursue this ROW vacation, please bring this BPW Recommendation Packet to
the City Clerk's Office, located on the 4`h floor of the County-City Building. Alley/Street vacations require a
presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.
The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property
is appropriately transferred to your name. If you have any questions about how the ROW vacation will affect your
property taxes,please contact the Auditor's Office.
In its Ordinance, the City of South Bend Common Council included the Board of Public Works'
requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear
out the approach, replace with curb, and establish a tree lawn in accordance with City standards and
specifications.These updates should be made within ninety(90)days of final approval from the Common Council.
Please notify us when this work is complete. If you have any further questions,please call this office at(574)235-
9251.
Sincerely,
s/Hillary Horvath
Hillary Horvath,Clerk
Enclosures
HH
ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BREANA N.MIcou
11i ,-
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: June 9, 2025
TO: Kyle Ludlow, Public Works
Chris Dressel, Community Investment
Derek Erquhart, Fire Department
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk (theffner@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS — ROW VACATION
APPLICANT: Woodhaven, LLC
LOCATION: An east-west stub street extending easterly from Emerson Forest Parkway and 95'
south of Irvington Drive in Woodhaven Section One Subdivision
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED
ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA:
1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood
in which it is located or to which it is contiguous.
2. The vacation would/would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
3. The vacation would/would not hinder the public's access to a church, school or other public building
or place.
4. The vacation would/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.
PUBLIC WORKS/ENGINEERING: Favorable Recommendation
COMMUNITY INVESTMENT: Favorable Recommendation
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
v.2024-07-30
ow! , STREET/ALLEY VACATION BPW APPLICATION
City of South Bend -Board of Public Works
227 W. Jefferson Boulevard, Ste. 1316
South Bend, IN 46601
Date: 06/06/2025
Phone#: 269-391-0542
Name: Woodhaven, LLC E-mail: jlovely@allenedwin.com
Property Address: 14009 Jefferson Blvd., Suite C Mishawaka, IN 46545
Applicant property information: Q Residential n Commercial El Industrial
Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St. Peter St and
north of Howard St):
An east-west stub street extending easterly from Emerson Forest Parkway and 95' south of
Irvington Drive in Woodhaven Section One Subdivision.
Describe the reason for the request,proposed use,and any changes made to the request following from
preliminary review:
This undeveloped stub has not been constructed nor has had utilities planned or construction in this
Right of Way. This stub is planned to be vacated and replaced with a portion of a newly platted lot.
A proposed major primary subdivision is planned with 100+ lots to include this Right of Way.
The following MUST be attached to this application:
300 payment(check or money order)
Preliminary review form with staff comments
Office Use Only
Fee Paid Date: 06/06/2025
Check/Money Order#: ck#32273 $300.00
BPW Recommendation: Favorable Not Favorable
CITY OF SOUTH BEM).INDIA\.-
BOARD OF PUBLIC NVORKS
Elizabeth A.Maradik.President Joseph R.Molnar.Vice President
Gan \ (iilot.Member Rrcana Micou.Member
s. fit` ' pj,„lsluu/44att44.
Torras L.Miller.Member ue,1 Madeline Hostetler, \cone Clerk
u:n•: July 22,2025
This application expires 90 days from the BPW meeting date,which is October 20, 2025
v.2024-07-30
STREET/ALLEY VACATION PRELIMINARY REVIEW
City of South Bend - Board of Public Works
227 W. Jefferson Boulevard, Ste. 1316
South Bend, IN 46601
Date: 04/09/2025 Phone#: 269-391-0542
Name: Woodhaven, LLC. Email: jlovely@allenedwin.com
Property
Address: 14009 Jefferson Blvd. Suite C Mishawaka, In 46545
Applicant property information:Residential Commercial Industrial
Describe the general street/alley location with boundaries(Ex: 1st East/West Alley,west of St.Peter St and north of Howard St):
An east-west stub street extending easterly from Emerson Forest Parkway and 95'south of Irvington Drive in
Woodhaven Section One Subdivision.
Is your property adjacent to the street/alley of interest? El Yes No
Do any property owners currently access the street/alley? Yes g No
Is there a future property development plan associated with this request? I Yes f No
Describe the reason for this vacation request and proposed use:
This undeveloped stub has not been constructed nor has had utilities planned or construction in this Right of Way.
This stub is planned to be vacated and replaced with a portion of a newly platted lot. A proposed major primary
subdivision is planned with 100+ lots to include this Right of Way.
This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic
criteria. Staff will review the information provided and give feedback to the applicant.
OFFICE USE ONLY:
Do less than 50%of properties on the full block have direct street access? Yes No
Is this the only midblock connection? Yes No
Is the block length greater than 600'? Yes El No
Will the vacation result in:dead end alley,interference with bike route,violations of Yes i No
minimum traffic safety standards?
Are there public or private utilities in the alley? Yes No
Preliminary Staff Comments:
FAVORABLE: The major subdivision process is underway with a revised street layout and the
newly platted lots will require change in the ROW.
No site visit.
v.2024-07-30
t,, STREET/ALLEY VACATION PRELIMINARY REVIEW
City of South Bend - Board of Public Works
227 W. Jefferson Boulevard, Ste. 1316
South Bend, IN 46601
Date: 04/09/2025 Phone#: 269-391-0542
Name: Woodhaven, LLC. Email: jlovely@allenedwin.com
Property
Address: 14009 Jefferson Blvd. Suite C Mishawaka, In 46545
Applicant property information:Residential Commercial Industrial
Describe the general street/alley location with boundaries(Ex:1st East/West Alley,west of St.Peter St and north of Howard St):
An east-west stub street extending easterly from Emerson Forest Parkway and 95'south of Irvington Drive in
Woodhaven Section One Subdivision.
Is your property adjacent to the street/alley of interest? E Yes No
Do any property owners currently access the street/alley? Yes g No
Is there a future property development plan associated with this request? Ei Yes E No
Describe the reason for this vacation request and proposed use:
This undeveloped stub has not been constructed nor has had utilities planned or construction in this Right of Way.
This stub is planned to be vacated and replaced with a portion of a newly platted lot. A proposed major primary
subdivision is planned with 100+ lots to include this Right of Way.
This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic
criteria. Staff will review the information provided and give feedback to the applicant.
OFFICE USE ONLY:
Do less than 50%of properties on the full block have direct street access? Yes No
Is this the only midblock connection? Yes No
Is the block length greater than 600'? Yes i No
Will the vacation result in:dead end alley,interference with bike route,violations of Yes No
minimum traffic safety standards?
Are there public or private utilities in the alley? Yes No
Preliminary Staff Comments:
FAVORABLE: The major subdivision process is underway with a revised street layout and the
newly platted lots will require change in the ROW.
No site visit.
* * * * *
Ca1111elh Lee
Pre�idc11l
Rachel Torna� :Vlor�a11
\"ice Prc�idc11t
Troy \ Varner
Chairpcrso11. Committee
ol" the \ \'hole
Ca1111c th I.cc
Fir�l District
( )phclia Coodc11-Rod�cr •
'>ccrn 1d Di�l rin
Sharon L :VlcBridc
Third Di-;trin
Troy\ \'arncr
Fourth Dislricl
Sherry Boldc11-'ii1111N>11
Firth District
Sheila :\ic;,�ocbk,
Sixth District
Dr. < )li\n D;I\ i�
.\t Lar�c
Rachel Tornas \ilor�;u1
.\t Lari,-c
Karrn L \ \"hi tc
.\1 Lar�c
City of South Bend
Common Council
1-l l Cou11ty-City Buildim; • '2'27 \ \ •. Jeffn�on 13h d
'louth Be11d, l11dia11a l-(i601
August 20, 2025
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Filed in Clerk's Office
AUG 2 0 2025
Bianca TiradoCity Clerk, South Bend, IN
Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE
1, SECTIONS 2-12.1.1 THROUGH AND INCLUDING ARTICLE 1,
SECTION 2-12.1.7 TO UPDATE PROCEEDINGS FOR
APPOINTMENT TO AND DUTIES OF THE SOUTH BEND
COMMON COUNCIL YOUTH ADVISORY COUNCIL
Dear Chairperson White:
The South Bend Common Council established the Youth Advisory
Council in 2019. With limited exceptions, the provisions governing the
Youth Advisory Council have not been amended since 2019. The purpose of
these amendments is to update the proceedings for appointment to, and duties
of the Youth Advisory Council. These amendments are designed to conform
the ordinances to the actual practices and procedures currently in use for the
Youth Advisory Council.
The notable changes include the elimination of Youth Advisory Council
members being named to serve specific Council Districts. Another notable
change involves the selection and duties of Youth Advisory Council officers.
Finally, Section 2-12.1.6 has added a requirement that the Youth Advisory
Council organize at least one seminar, town hall meeting or similar public
forum annually.
Please place these amendments on the agenda for consideration of the Residential
Neighborhood Committee meeting for September 8, 2025, and the full Council
meeting later that same evening.
Thank you for your consideration.
51-25
City of South Bend
Common Council
I* III County-City Building• 227 W.,lelh:r.on Blvd
South Bcnd, Indiana 16601
Sincerely yours,
C7
Canneth Lee,
President, South Bend Common Council
571) 235-9321• Fax (571) 235-9173 • "1-1)1) (571) 235-5567 • http://wivw.southbcndin.gov
Filed in Clerk's Office
BILL NO. 51-25 AUG 2 0 2025
ORDINANCE NO. Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 2,ARTICLE 1, SECTIONS 2-12.1.1 THROUGH
AND INCLUDING ARTICLE 1, SECTION 2-12.1.7 TO UPDATE PROCEEDINGS FOR
APPOINTMENT TO AND DUTIES OF THE SOUTH BEND COMMON COUNCIL
YOUTH ADVISORY COUNCIL
STATEMENT OF PURPOSE AND INTENT
The South Bend Common Council established the Youth Advisory Council in 2019. With
limited exceptions, the provisions governing the Youth Advisory Council have not been
amended since 2019. The purpose of these amendments is to update the proceedings for
appointment to, and duties of the Youth Advisory Council. These amendments are designed to
conform the ordinances to the actual practices and procedures currently in use for the Youth
Advisory Council.
The notable changes include the elimination of Youth Advisory Council members being
named to serve specific Council Districts. Another notable change involves the selection and
duties of Youth Advisory Council officers. Finally, Section 2-12.1.6 has added a requirement
that the Youth Advisory Council organize at least one seminar, town hall meeting or similar
public forum annually.
NOW,THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-12.1.1 through and
including Section 2-12.1.7 are amended to read in their entirety as follows:
DIVISION 1. YOUTH ADVISORY COUNCIL
Sec. 2-12.1.1. Youth Advisory Council created—Purpose.
a) A Youth Advisory Council is created for those of high school age grades 9-12. This Youth
Advisory Council is established to enhance citizenship skills and to serve the best interests
of youth in St. Joseph County, Indiana.
b) The Mission Statement of the South Bend Common Council Youth Advisory Council is to
ensure that all youth in South Bend have representation, voice, and respect within every effort
undertaken to promote the betterment of South Bend, its youth, and its communities.
Sec. 2-12.1.2. Membership of the Youth Advisory Council.
a) The Youth Advisory Council shall be composed of eleven(11) to twenty(20) new
members per cohort. Membership shall represent the rich diversity of the city's youth
regarding gender, race, ethnicity, socio-economic, and religious backgrounds.
b) Application Process.
Upon passage of this ordinance, the Office of the City Clerk shall see that the
Application Form" for the Youth Advisory Council is available to be downloaded
from the city website. The Office of the City Clerk shall see that information on the
activities of the Youth Advisory Council is kept updated on the City's interne website.
Hard-copy application forms shall be available and kept on file in the Office of the
City Clerk during regular business hours. Additionally, application forms shall be
made available on the City's website http//www.southbendin.gov on a twenty-four(24)
hour, seven(7) days a week basis.
1) All youth interested in consideration shall obtain and complete an application
form in its entirety.
2) The Office of the City Clerk, by the application deadline, shall assimilate all
information and timely distribute copies of all applications and references to the
Chairperson of the Residential Neighborhoods Standing Committee of the
Common Council.
3) The Chairperson of the Residential Neighborhoods Standing Committee shall
review all applications. All youth interested in being a member of the Youth
Advisory Council must be a resident of St. Joseph County, Indiana and represent
the rich diversity of our community.
4) All Youth Advisory Council applications must be submitted by the last Friday of
September each year.
5) Prior members of the Youth Advisory Council who meet the eligibility criteria
may be reappointed upon timely submission of the Youth Advisory Council
application.
6) The Residential Neighborhoods Committee Chairperson may appoint youth
mentors of college and/or graduate school age who will provide assistance and
guidance throughout the year to the Youth Advisory Council Members. The youth
mentors shall interface with the legislative, administrative, and educational
liaisons identified in Section 2-12.1.6.
Sec. 2-12.1.3. Officers and terms of office of the Youth Advisory Council.
a) The Youth Advisory Council shall call an organizational meeting to select a President,
Vice-President, and Recording Secretary within ten(10) days after taking the oath of office.
b) The selected Recording Secretary, shall provide a listing of all Youth Advisory Council
members by name, address,telephone number, email address, school (including
Homeschool), and year of education to the Office of the City Clerk by email for
distribution to the Common Council, the city administration, School Superintendents and
the Principal of each high school.
c) Any member of the Youth Advisory Council may nominate any member for only one
unfilled office.
d) Only members attending the organizational meeting in person or by a video conferencing
platform shall be allowed to cast a vote.
e) In the event that no candidate for an office receives a majority(50% + 1) of the vote for a
given office, another vote shall be between the two candidates having received the most
votes for that office.
f) Responsibilities of Youth Council officers shall include, but are not limited to:
i) President:
a. Chairs general "Chamber"meetings;
b. Develops final committee assignments;
c. Oversee officer election process;
d. Propose yearly agenda to City Clerk; e. Issue specialty directives to members or
committees during council recess;
e. Call special meetings; and
f. Establish and eliminate special committees.
ii) Vice President:
a. Act as presiding officer in the absence of the President;
b. Assist in developing yearly agenda; and
c. Facilitate recruitment efforts for the upcoming year.
iii) Recording Secretary:
a. Act as presiding officer in the Absence of both the President and Vice-President;
b. Assist in developing yearly agenda;
c. Record meeting activity in minutes;
d. Coordinate with the City Clerk to ensure all Youth Advisory Council documents are
properly filed; and
e. Ensure all means of communication are orderly and up to date.
g) Terms of office of Youth Advisory Council members shall be for one(1) year, with
reappointments of the same youth member permitted for one(1) additional year.
h) The Youth Advisory Council shall maintain a record of their meetings. Such meeting
minutes shall be submitted to the Office of the City Clerk by email by the elected recording
secretary.
Sec. 2-12.1.4. Duties of Youth Advisory Council members.
a) Each Youth Advisory Council Member shall be required to attend meetings of the Youth
Advisory Council, with three(3) excused absence permitted each year.
b) Each Youth Advisory Council Member shall be required to attend not less than two (2)
committee meetings of any Standing Committee of the South Bend Common Council, two
2) neighborhood association meetings, and one(1) school board meeting by the end of
December of each year.
c) Each Youth Advisory Council Member shall be required to attend the Mayor's Annual
Address to the Common Council scheduled for the first Common Council meeting in
February of each year.
d) The Youth Advisory Council may monitor other city boards and commissions for issues
related to youth and make recommendations for such boards or commissions consideration
when deemed appropriate.
Sec. 2-12.1.5. Initiatives, responsibilities, and goals to be addressed by members.
a) The Youth Advisory Council may develop:
1) Mission Statement;
2) Committee structure if deemed necessary;
3) Composite of the youth in the high school of specific geographical locations in the
city;
4) Newsletters and other means of communication with youth in the city;
5) Grant proposals;
6) Initiatives and Goals to be addressed, including but not limited to:
a. Leadership opportunities;
b. Civic responsibilities;
c. Arts and Activism;
d. Educational opportunities;
e. Youth perspectives on local issues(health and wellbeing, environmental justice,
sustainability, climate control, etc.;
f. Creating a means of formal communication between city officials and youth in
our community;
g. Creating a model for youth involvement; and
h. Partnering with local, state, federal, and international organizations which focus
on youth involvement and development.
i. Indicators of measuring success.
b) The Youth Advisory Council shall make recommendations to enhance participation of
youth throughout the community, to improve communications with school and
governmental entities, and to improve employment opportunities for youth in the
community.
c) The Youth Advisory Council shall provide an annual report of its activities, initiatives, and
objectives.
d) The Youth Advisory Council shall address the Common Council under the "Special
Business" portion to provide an annual report of its activities, initiatives, and objectives.
Section 2-12.1.6 — Public Engagement Initiative.
a) The Youth Advisory Council shall organize at least one seminar, town hall meeting or
similar public forum annually.
b) The topic shall be selected by the Youth Advisory Council and may include issues such as
Mental Health, Civic Engagement, Education Equity, or other matters relevant to youth in
the community. The event should aim to foster dialogue, raise awareness, and promote
youth-led solutions.
Sec. 2-12.1.7. Liaisons to the Youth Advisory Council.
a) The Residential Neighborhoods Committee Chairperson shall be the legislative liaison to
the Youth Advisory Council and be available for mentoring duties. All Councilmembers are
welcome to serve, but the Common Council President and/or Vicechair of the Residential
Neighborhoods Standing Committee are also strongly encouraged to act as legislative
liaisons to the Youth Advisory Council.
b) The City Administration shall designate a point of contact as a liaison to the Youth
Advisory Council and be available for programming and mentorship duties.
Secs. 2-12.1.8-2-12.1.10. Reserved.
Section II. Severability.
If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for
any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section III. Effective Date.
This ordinance shall be in full force and effect immediately from and after its passage by the
Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
City of South Bend
BOARD OF ZONING APPEALS
August 19, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 1133 Harvey Street & 522 Blaine Avenue
Dear Committee Chair Dr. Davis:
Filed in Clerk's Office
AUG 1 9 2025
Bianca Tirado City Clerk, South Bend, IN
Enclosed is an Ordinance for the proposed Special Exception at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your August 25,
2025, Council meeting and set it for public hearing at your September 8, 2025, Council meeting. The
petition is tentatively scheduled for public hearing at the September 2, 2025, South Bend Board of
Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning
Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the
public hearing.
The petitioner provided the following to describe the proposed project:
A Special Exception to allow for the use of a duplex.
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
�� Brian Killen
Zoning Administrator
CC: Bob Palmer
County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning
52-25
Filed in Clerk's Office
BILL NO. 52-25 AUG 1 9 2025
rad
ORDINANCE NO.
Bianca Tth BoCityClerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1133 HARVEY STREET & 522
BLAINE AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH
BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow a two-unit dwelling
NOW,THEREFORE,BE IT ORDAINED 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 Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1133 Harvey Street& 522 Blaine Avenue
In order to permit a two-unit dwelling.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory 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 adjacent area of 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, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
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, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock in.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
2 -
City o f Southuth Bend County-City Building
227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend, IN 46601
574) 235-7627
Filed in Clerk's Office
September 3,2025
Common Council of South Bend Bianca Tirado
227 W.Jefferson Blvd,4th Floor City Clerk, South Bend, IN
South Bend,IN 46601
Re: Bill#52-25: The petition of AFFORDABLE HOME MATTERS INDIANA LLC seeking a Special
Exception for Dwelling,2 Units(21-06.01(j)(3))in U1 Urban Neighborhood 1 in the U1 Urban
Neighborhood 1 for property located at 1133 HARVEY ST and 522 BLAINE AVE
Dear Council Members:
I hereby Certify that the above referenced petition of AFFORDABLE HOME MATTERS INDIANA
LLC was legally advertised on August 23,2025 and that the South Bend Board of Zoning Appeals at its
public hearing on September 2,2025 took the following action:
Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried,
a petition by AFFORDABLE HOME MATTERS INDIANA LLC seeking a Special Exception for
Dwelling,2 Units(21-06.01(j)(3))in U1 Urban Neighborhood 1 for property located at 1133
HARVEY ST and 522 BLAINE AVE,City of South Bend is tabled.
If you have any questions,please feel free to contact our office.
Sincerely,
OrAIAL
Timothy Staub
Zoning Specialist
Attachment
CC: CIVIL CITY OF SOUTH BEND
Building Department
Bob Palmer
* * * * *
C,u111cth Lee
Prc\idc11t
Rachel Tomas Vlo r!4a11
\'ice Preside111
Troy \\'arucr
Chairperson, Commillec
ol'the \\.hole
Cu111eth I.cc
Fir\l District
( )phelia Coodcn-Rodi.;crs
Scrn11d Di,trict
')hanlll I.. .\lcBrick
Third Di�trin
Tro} \ \ ·arncr
h>urtli Di-;trin
Sherr) Bolck11-Simpso11
Firth Di�trict
Sheila :\ ien.;oclsk1
'li\th District
Dr. ()li1cr Da,i�
, \t I .ari.;e
Rachel Tomas :Vlor!4,lll
.\t Lar�e
Karen L. \ \'hi1c
.\I L1r1;e
City of South Bend
Common Council
i l-l Cow1ty-Cit) Builcli1u4 • '2'27 \\·. Jclkr,011 Bini
'louth lk 11d. I 11d iana 1-li{i0 I
August 20, 2025
South Bend Common Council
4th Floor, County-City Building
South Bend, IN 46601
Filed in Clerk's Otticc
AUG 2 0 2025
Bianca Tirado City Clerk, South Bend, IN
Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-12.1.lS(C) AND 2-12.1.17(A) TO ADD THE DUTY TO REVIEW ALL LAW ENFORCEMENT RECORDINGS RELEVANT TO ANY COMPLAINT FILED WITH THE COMMUNITY POLICE REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE REVIEW BOARD RESPECTIVELY Dear Chairperson Gooden-Rodgers:
On August 11, 2025, this Council passed Bill No. 43-25, as amended,
Ordinance No. 11216-25 which amended Section 2-210 of the Municipal
Code pertaining to fees and processes for public records requests. Among the
amendments to the ordinance is a provision that all public records request
forms for law enforcement recordings shall contain the statement "upon the
filing of a complaint by a resident with the Community Police review Board,
the Board Director and the Community Police Review Board will review all
recordings relevant to that complaint." These amendments amend Sections 2-
12.1.15(c) and 2-12.1.17(a) of the South Bend Municipal Code to include the
duties created by Bill No. 43-25 Ordinance No.11216-25 among the duties of
the Review Board and the Director of the Review Board respectively.
We ask that these proposed amendments to be placed on the agenda for
consideration of the Community Relations Committee meeting for September 8,
2025, and the full Council meeting later that same evening.
Thank you for your consideration.
(.i7 t.) 2:l.i-<JW21 • Et\ (.171.) 2:l.Vl 17:l • TDD (.'i7 D :2:l.i-.'i.ili7 • http://mnr. ·outhbrncli11.i.;m
53-25
City of South Bend
Common Council
161 County-City Building • 227 W.Jefferson Blvd
South Bend, Indiana 46601
Sincerely yours,
4111r/
Dr. Oliver Davis,
At-Large, South Bend Common Council
Sherry Bolden-Simpson,
Fifth District, South Bend Common Council
574) 235-9321• Fax (57.4) 235-9173 •TDD (574) 235-5 567 • http://rwwv.southbcudin.gov
Filed in Clerk's Office
0 2625
BILL NO. 53-25
Bianca Tirado
ORDINANCE NO.
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 2,ARTICLE 1, SECTIONS 2-12.1.15(C) AND
2-12.1.17(A) TO ADD THE DUTY TO REVIEW ALL LAW ENFORCEMENT
RECORDINGS RELEVANT TO ANY COMPLAINT FILED WITH THE COMMUNITY
POLICE REVIEW BOARD TO THE DUTIES OF THE COMMUNITY POLICE
REVIEW BOARD RESPECTIVELY
STATEMENT OF PURPOSE AND INTENT
On August 11, 2025, this Council passed Bill No. 43-25, as amended, Ordinance No.
11216-25 which amended Section 2-210 of the Municipal Code pertaining to fees and processes
for public records requests. Among the amendments to the ordinance is a provision that all public
records request forms for law enforcement recordings shall contain the statement"upon the filing
of a complaint by a resident with the Community Police review Board, the Board Director and
the Community Police Review Board will review all recordings relevant to that complaint."
These amendments amend Sections 2-12.1.15(c) and 2-12.1.17(a) of the South Bend Municipal
Code to include the duties created by Bill No. 43-25 Ordinance No. 11216-25 among the duties
of the Review Board and the Director of the Review Board respectively.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
Section I. South Bend Municipal Code Chapter 2, Article 1, Section 2-12.1.15(c) is
amended to read in its entirety as follows:
Sec.2 Sec. 2-12.1.15. Review Board duties.
c) The Review Board shall:
1) Review the allegations of each complaint;
2) Review all law enforcement recordings relevant to any complaint;
3) If necessary, investigate the allegations of each complaint;
4) Collect, track and report civilian complaints;
5) Suggest revisions to existing, or the addition of new, policies when necessary;
6) Facilitate Community Advisory Group meetings and compile resident feedback;
7) Provide policy suggestions to the Common Council, Mayor, and Board of Public
Safety; and
8) Recommend to the appropriate authority the additional investigation of
complaints when necessary.
Section II. South Bend Municipal Code Chapter 2, Article 1, Section 2-12.1.17(a) is
amended to read in its entirety as follows:
Sec. 2-12.1.17. Review Office Director; staff.
a) The Mayor, with the consultation of the Common Council, shall appoint a full-time
Director of the Review Office. The Director shall be supervised and be subject to review and
evaluation by the Mayor or the Mayor's designee in collaboration with the Review Board and the
Common Council. The duties of the Director shall include:
1) Managing the Review Office, including its staff;
2) Enhancing communications and good will between the police and residents;
3) Review all law enforcement recordings relevant to any complaint;
4) Maintaining records, confidential or otherwise, of all Complaints, proceedings
thereon, and dispositions.
Section III. Severabilit_v.
If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for
any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section IV. Effective Date.
These amendments to the ordinances shall be in full force and effect January 1, 2026.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
Sec. 2-12.1.15. Review Board duties.
a) The Review Board shall meet as often as necessary to consider all complaints which it deems appropriate to
process and review, but no less than bi-monthly.The Review Board shall set rules for its governance and shall
establish its procedures for processing complaints and for ensuring notification to Complainants of the status
and disposition of their complaints.
b) If a majority of the Review Board determines that additional information of a specialized police nature is
necessary to process a complaint,the Review Board shall consult with one or more consultants of its choice,
subject to appropriations.
c) The Review Board shall:
1) Review the allegations of each complaint;
Filed in Clerk's Office
2) Review all law enforcement recordings relevant to any complaint;
2.3) If necessary, investigate the allegations of each complaint; Bianca Tirado
54) Collect,track and report civilian complaints; City Clerk, South Bend, IN
45) Suggest revisions to existing,or the addition of new, policies when necessary;
56) Facilitate Community Advisory Group meetings and compile resident feedback;
67) Provide policy suggestions to the Common Council, Mayor, and Board of Public Safety;and
78) Recommend to the appropriate authority the additional investigation of complaints when necessary.
Ord. No. 10721-20,§ I, 10-5-20)
Sec. 2-12.1.17. Review Office Director; staff.
a) The Mayor,with the consultation of the Common Council,shall appoint a full-time Director of the Review
Office.The Director shall be supervised and be subject to review and evaluation by the Mayor or the Mayor's
designee in collaboration with the Review Board and the Common Council.The duties of the Director shall
include:
1) Managing the Review Office, including its staff;
2) Enhancing communications and good will between the police and residents;
3)Review all law enforcement recordings relevant to any complaint;
54) Maintaining records,confidential or otherwise,of all Complaints, proceedings thereon, and
dispositions.
b) Pursuant to IC 36-4-11-2,the Director shall serve at the pleasure of the Mayor.The Mayor may request the
Common Council:
1) To review applications and submit no more than three(3) names of candidates to the Mayor for
appointment as Director. Under this process,the Common Council shall review all applications for the
position of Director initially in an Executive Session, and the submission of candidate names shall be
conducted through resolution approved by a majority of the Common Council. (or by Council
President);and
Created: 2025-07-08 09:33:01 [EST]
Supp.No.62)
Page 1 of 2
2) To provide recommendations for any potential discipline of the Director, including termination.
Recommendations shall be conducted through resolution approved by the majority of the Common
Council.
c) The Director is authorized to adopt such rules and procedures as the Director may deem appropriate for the
proper administration and enforcement of this Review Office.All such rules and procedures shall be adopted
only after posting of the rules and procedures proposed to be adopted on the City's website for public review
and comment at least thirty(30)days prior to the effective date of such rules and procedures. Upon
adoption,the Director shall maintain a copy of the rules and procedures on file in the Director's office.
d) Subject to appropriations,the Director shall have the authority to contract with investigators, consultants,
and legal counsel, if approved by the City Corporation Legal Counsel pursuant to IC 36-4-9-12,to aid in the
investigation of Complaints filed with or processed by the Review Office.
e) The Director shall be in regular communication with the Chief and shall make quarterly reports to the
Common Council and the Mayor concerning matters of conduct and recurring issues that are processed by
the Review Office.The Director shall also provide periodic reports and an annual report.
f) The Director shall conduct a yearly audit of the number of Complaints filed and resolution thereof and
forward that audit to the Common Council, Mayor and Board of Public Safety.
g) Staffing and budget recommendations for the Review Office shall be made by the Director in consultation
with the Mayor or the Mayor's designee,the Common Council, and the Review Board.
h) On a quarterly basis,the Director shall forward a report of each Review Board Member's attendance and
each Member's training, as required by Section 2-12.2.2(d)of the South Bend Municipal Code,to the
Common Council and the Mayor.
Ord. No. 10721-20, § I, 10-5-20;Ord. No. 10804-21, § III,8-9-21)
Created: 2025-07-08 09:33:01 [EST]
Supp. No.62)
Page 2 of 2
County-City Building
227 W Jefferson Blvd Suite, 1200 N
South Bend, IN 46601
James Mueller, Mayor
September 3, 2025
Canneth Lee, President
City of South Bend
Department of Administration & Finance Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 46601
RE: QJ 2025 Additional Appropriation Ordinance
Dear President Lee,
Phone 311 inside City limits
Email 311@southbendin.gov
Website Southbendin.gov
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff, and city administration to conduct an extensive review of the status
of compliance with the adopted city budget and propose necessary adjustments periodically
throughout the year. For 2025, we plan to propose adjustments during four time periods-March,
June, September and December.
Based on our budget review, we are submitting the enclosed additional appropriation ordinance for
your consideration.
I will present this bill to the Common Council at the appropriate committee and Council meetings.
It is requested that this bill be filed for I st reading on September S t\ 2025, with 2nd reading, public
hearing and 3rd reading scheduled for September 22nd, 2025.
Thank you for your attention to this request. If you should have any questions, please feel to contact
me at 574-235-9822.
Regards,
Xf 1,JA·
Kyle Willis
City Controller
54-25
Filed in Clerk's Office
BILL NO. 54-25
Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL
AND CITY SERVICES OPERATIONS FOR THE YEAR 2025 OF $2,237,538 FROM THE
GENERAL FUND (#101), $417,462 FROM THE PARKS AND RECREATION FUND (#201),
257,800 FROM THE MOTOR VEHICLE HIGHWAY FUND (#202), $115,000, FROM THE
STUDEBAKER-OLIVER REVITALIZATING GRANTS FUND (#209), ($25,000) FROM
THE GIFT, DONATION, BEQUEST FUND (#217),$5,877 FROM THE CENTRAL
SERVICES FUND (#222), $92,780 FROM THE HUMAN RIGHTS FEDERAL GRANTS
FUND (#258), $67,234 FROM THE INNOVATION & TECHNOLOGY FUND (#279),
2,267,453 FROM THE CONSOLIDATED BUILDING DEPARTMENT FUND (#600),
478,000 FROM THE PARKING GARAGES FUND (#601), $705,000 FROM THE WATER
WORKS CAPITAL FUND (#622), $12,100 FROM THE SEWER REPAIR INSURANCE
FUND (#640), $310,000 FROM THE SEWAGE WORKS OPERATIONS FUND (#641),
927,110 FROM THE CENTURY CENTER OPERATIONS FUND (#670), $500,000 FROM
THE CENTURY CENTER CAPITAL FUND (#671)
STATEMENT OF PURPOSE AND INTENT
By Ordinance No. 11150-24 on October 7, 2024, the Common Council adopted the City's
2025 operating and capital budgets, which included expenditures for various City operations. It is
now necessary to appropriate additional funds for operational and capital expenditures necessary for
the City to affect the provision of services to its residents, which were not anticipated at the time the
City budget was adopted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. The following amounts are hereby appropriated in fiscal year 2025 and set apart
within the following designated funds for expenditures as follows:
Fund Fund Name Amount
101 General Fund 2,237,538
201 Parks & Recreation 417,462
202 Motor Vehicle Highway 257,800
209 Studebaker-Oliver Revitalizing Grants 115,000
217 Gift, Donation, Bequest 25,000)
222 Central Services 5,877
258 Human Rights Federal Grants 92,780
279 IT/Innovation/311 CALL CENTER 67,234
600 CONSOLIDATED BUILDING DEPT. 2,267,453
601 PARKING GARAGES 478,000
622 WATER WORKS CAPITAL 705,000
640 SEWER REPAIR INSURANCE 12,100
641 SEWAGE WORKS OPERATIONS 310,000
670 CENTURY CENTER OPERATIONS 927,110
671 CENTURY CENTER CAPITAL 500,000
TOTAL 8,368,354
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval of the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City
of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
City of South Bend,Indiana
Q3 2025 Budget Adjustments-Additional Appropriations
increase or decrease in total fund expenditures)
I BudgetAccount: I Department Division Amount
Adjustment
paled BaWttMs
202 00 e0:-503 a.'._017 Motor\ehcle Il r.al Public Works 1Streets&Sewers Supplies-Operating-Traffc!SigrslOther 47,800
202-06602-503-936003--Motor Vehicle Highway Public Works Streets&Sewers Services&Charges-Repairs&Maint-Auto Equip R&M 210,000 i
Rationale Appropriate 2025 YFD Insurance Claims Received
641-06-602-509.936003- Sewage Works Operations Public Works Streets&Sewers Services&Charges-Repairs&Maint-Auto Equip R&M 200,000
641.06.602-509490000-- Sewage Works Operations Public Works Streets&Sewers Bad Debt Expense 110,000
Rationale: Cover projected YE deficit in Auto R&M
640-06602-510.490000- Sewer Repair Insurance Public Works Streets&Sewers Bad Debt Expense 12,100
Rationale: Cover projected YE deficit in Bad Debt
201.11-209.206-4339001- Parks&Recreation Venue.Parks&Arts Visitor Experience Services&Charges-Other-Other Contractual Services 342,462
101-04-900-011-431000- General Fund Administration&Finance Controller.Office Services&Charges-Professional-Other Professional Svcs 1342462)
Rationale: Move Funds Budgeted from 101 to 201 VPA.
217-06-600.500.431000-PROJ00000451 Gift,Donation,Bequest p Public Works Engineering Services&Charges-Professional-Other Professional Svcs 75,000)
201.31-201-201.423000-ND TRAIL-Parke&Recreation Venues Parks&Arts Park Maintenance Suppliee-Repatr&Maint-Other R&M Supplies 75,000
Rationale Decrease PROJ431 ND Trail to DT-VPA Increase Fund 201
101.09.090490.410004- General Fund Fire Department Fire Department Personnel-Salaries&Wages-Extra&Overtime S 1,200,000.00
101-09-090-030-910001- General Fund Fire Department Fire Department Personnel-Salaries&Wages-Salaried Wages 5 500,000.00
Rationale: Higher than anticipated Overtime Costs and increased Salaries for FY2025
101.09-092.092422008- General Fund Fire Department EMS Supplies-Operating-Medical/Safety Supplies 150,000
10149-090-090.436003- General Fund Fire Department Fire Department Services&Charges-Repair,&Maint-Auto Equip R&M 400,000
101-09-090090.436001- General Fund Fire Department Fire Department Services&Charges-Repairs&Maint-Building R&M 300,000
Rationale: Increase supplies due to increased EMS runs and drug costs.Catch up on Fire Station maintenance and increased costs of materials Increase in maintenance costa on Fire fleet and cost of replacement equipment
622-06-604.620-431002- Water Works Capital I Public Works
U
Water Works Service.&Charges-Professional-Engineering&Architectural 905,000
Rationale: South Well Field Improvements FROJOB2-Admin Services Consult.
20940-101.120431000- Studebaker liver Revitalizing Grants Community Investment Community Investment Services&Charges-Professional-Other Professional Svm 115,000
Rationale: Q3 Appropriation-to cover budget deficiency
601-11.240.461.432031- Parking Garages Venues Parks&Arts Parking Garages Services&Charges-Repairs&Maint-Building Signage 30,000.00
601.11-240.461-436001- Parking Ganges Venues Parks&Arts Parking Garage. Services&Charges-Repairs&Maint-Building R&M 15,000.00
601.11.240.461-423001- Parking Garages Venues Parks&Arts Parking Garages Supplies-Repair&Maint-Building Materials 40,000.00
601.11.240.461413901- Parking Garages Venues Parks&Arts Parking Ganges Personnel-Other Personnel-SMG Benefits&Tama 76,0E0.00
601-11-240-461-413900- Patting Garages Venues Parks&AM Parking Garages Personnel-Other Personnel-SMG Wages S 315,000.00
Rationale: additional budget needed,support for 4th garage(Leighton Garage)
670-11-230-296-413901- Century Center Operations Venues Parks&Arts _Century Center Services&Charges-Repairs&Maint-Building Signage 140,780.00
670.11-230.296-422000- Century Center Operations Venues Parks&Arts _Century Center Supplies-Operating-Other Operating Supplies S 680.0D
670.11-230.296422015- Century Center Operations Venues Parks&Arts Century Center Supplies-Operating-Cost of Goods Sold 5 200,650.00
67041-230-296-413900- Century Center Operations Venues Parks&Arts Century Center Personnel-Other Personnel-SMG Wages 585,000.00
Rationale: Additional appropriation needed to finish FY25
Total Unanticipated Esperrses 5,055,010
Filed in Clerk's Otticc
Bianca Tirado
City Clerk, South Bend, IN
City of South Bend,Indiana
Q3 2025 Budget Adjustments-Additional Appropriations
increase or decrease in total fund expenditures)
Budget
Accounts Iund Department Division Account
Adjustment
Supported by Outside Revenue 6I<9 4.j_ - ,4r.._7-s{:: -1,7"....
101-04-402-044-410001- General Fund Administration&Finance Human Rights Personnel-Salaries&Wages-Salaried Wages 4 30,000
Rationale: Appropriate funds from St Joe County Contribution Rec
279-07-071-071.431009-COMMU ERS TRUST-PROJ000003F IT/Innovation/311 Call Center Innovation&Technology _information Technology Services&Charges-Pnsfessional-Computer&Technology 4 67,234
Rationale Appropriate funds from grant program
600-10-060-060-439000-- Consolidated Building Community Investment Building Department Services&Charges-Other-Misc Charges&Svcs 2267,453
Rationale:_Appropriated funds from Building Profit Distribution for FY2025
222-04-403-450-436005- Central Services Administration&Finance Centel Serving Services&Charges-Repairs&Maint-Other Equip R&M S 5,977
Rationale Appropriate budget from AEP reimbursement and returned parts
258-04-402-046-431001- Human Rights Federal Grants Administration&Finance Human Rights Services&Charges-Profeseionaldegal Services 5 76,900
Rationale: Appropriate Funds from HUD Grant Reimbursement
79.u-407-046.410001- Human Rights Federal Grants Administration&Finance Human Rights Personnel-Salaries&Wapee-Salaried Wages 10,000
Rationale Appropriate funds from HUD Staffing Grant Reimbursement
258-04-402-045-433003- Human Rights Federal Grants Administration&Finance Human Rights Services&Charges-Printing&Ad-Promotional S 5,880
Rationale: Appropriate revenue from HRC luncheon received
217-07-071-071-439300-UNDP- Gift,Donation,Bequest innovation&Technology Information Technology Services&Charges-Other-Grants&Subsidies 4 50,000
Rationale Appropriate Bloomberg Mayoes Challenge Grant Reed
Total Supported by Outside Revenue 2,513,343
Capital Projects
622-06404.62-442007-- Water Works Capital Public Works Water Works Capital Outlay-Infrastructure-Maine 5 300,000
Rationale Additional Approp for Water Mains-Greenlawn Pipe Loop
671-11-230-297-445008-- Century Center Capital Venues Parks&Arts Century Center Capital Outlay-Machinery&Equip-Other Equipment 4 100,003
671-11-230-297-443001- Century Center Capital Venues Parks&Arts Century Center Capital Outlay-Buildings-Building Improvements 5 400,000
Rationale: Appropriate Money Received from Hotel/Motel Board
Total Capital Projects 800,000
Tots!AddltMna/Appropriations 8,368,354
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
County-City Building
227 W Jefferson Blvd Suite, 1200 N
South Bend, IN 46601
Phone
Email
Website
311 inside City limits
311@southbendin.gov
Southbendin.gov
James Mueller, Mayor
Filed in Clerk's Office
City of South Bend Bianca TiradoCity Clerk, South Bend, IN
September 3rd, 2025
Canneth Lee, President
Department of Administration & Finance Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 I
RE: Q3 2025 Budget Transfer Ordinance
Dear President Lee,
During the past several years, it has been the practice of the City of South Bend to request
department heads, fiscal staff, and city administration to conduct an extensive review of the status
of compliance with the adopted city budget and propose necessary adjustments periodically
throughout the year. For 2025, we plan to propose adjustments during four time periods-March,
June, October and December.
I will present this bill to the Common Council at the appropriate committee and Council meetings.
It is requested that this bill be filed for 1st reading on September 8th, 2025, with 2nd reading, public
hearing and 3rd reading scheduled for September 22nd, 2025.
Thank you for your attention to this request. If you should have any questions, please feel to contact
me at 574-235-9822.
Regards
Kyle Willis
City Controller
55-25
Filed in Clerk's Office
BILL NO. 55-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN
THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2025
STATEMENT OF PURPOSE AND INTENT
Unforeseen conditions have developed since the adoption of the existing City budget,
under Ordinance No. 11150-24 on October 7, 2024, which necessitates the increase and
reduction of appropriations within the various departments of the General Fund and other funds
of the City of South Bend during 2025.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
Section I. All accounts as set forth in the detailed attachment hereto which are incorporated
herein shall be adjusted by increase or reduction of appropriation in the designated sums.
Section II. This ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
City of South Bend,Indiana
Q3 2025 Budget Adjustments-Budget Transfers
budget transfers between different cost categories(i.e.personnel,supplies,services,capital)and/or different departments/divisions within the same fund)
Budget
Account# Fund Department Division Account
Adjustment
601-11-240-461-445000— Parking Garages Venues Parks&Arts Parking Garages Capital Outlay-Machinery&Equip-Motor Equipment 50,000)
601-11-240.461-439003— Parking Garages Venues Parks&Arts Parking Garages Services&Charges-Other-Subscriptions 12,000
601-11-240-461-439005— Parking Garages Venues Parks&Arts Parking Garages Services&Charges-Other-Bank&Credit Card Fees 38,000
Rationale Transfer funds for Parking Garage costs to Finish FY25
101-04-402-044-431000— General Fund Administration&Finance Human Rights Services&Charges-Professional-Other Professional Svcs 1,000
101-04-402-044-437003-- General Fund Administration&Finance Human Rights Services&Charges-Rentals-Office Space 37,500
101-04-402-044-411608— General Fund Administration&Finance Human Rights Personnel-Employee Benefits-Health Insurance 38,500)
Rationale: Transfer funds to cover Budget
258-04-402-046431001— Human Rights Federal Grants Administration&Finance Human Rights Services&Charges-Professional-Legal Services 1,781
258-04-402-046-445000— Human Rights Federal Grants Administration&Finance Human Rights Capital Outlay-Machinery&Equip-Motor Equipment 1,781)
Rationale: Budget transfers to cover legal expenses.
101-04-400-041431000— General Fund Administration&Finance Controller's Office Services&Charges-Professional-Other Professional Svcs 12s,000
101-04-400.041-411008-- General Fund Administration&Finance Controller's Office Personnel-Employee Benefits-Health Insurance 125,000)
Rationale: Transfer budget to cover Professional Services expenses
101-04-040-040-411007-ARP016- General Fund Administration&Finance General City Personnel-Employee Benefits-Unemployment Comp 2,000
101-04-040-040-411001-ARP016- General Fund Administration&Finance General City Personnel-Employee Benefits-FICA Regular 500
101-04-040-040-410003-ARP016- General Fund Administration&Finance General City Personnel-Salaries&Wages-Permanent Part Time 2,500
101.04-040-040-437005— General Fund Administration&Finance General City Services&Charges-Rentals-Parking Space Rental 5,000)
Rationale Transfer funds to cover GVI Budget
Total
Filed in Clerk's Office
City CI e k,
cSouthra
Bt r);i, IN
County-City Building
227 W Jefferson Blvd Suite, 1200 N
South Bend, IN 46601
Phone
Email
Website
311 inside City limits
311@southbendin.gov
Southbendin.gov
James Mueller, Mayor
Filed in l., ,.__ :�c
.I ,
City of South Bend Bianca Tirado
September 3, 2025
Canneth Lee, President
Department of Administration & Finance Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 I
RE: 2026 Annual Budget Appropriation and Property Tax Levy
Dear President McBride,
City Clerk, South Bend, IN
Attached, please find a bill for consideration by the Common Council of the City of South Bend
appropriating monies for city expenditures for the fiscal year commencing January I, 2026 and
ending December 3 I, 2026 and levying property taxes for the same.
This bill is respectfully submitted for I st reading filing with the Common Council for the council
meeting on September 8, 2025, 2nd reading and public hearing at the council meeting on September
22, 2025, with 3rd reading and council vote at the council meeting on October 13, 2025. Per
requirements of the Indiana Department of Local Government Finance ("DLGF"), when this bill is
voted upon, each Councilmember's vote must be reflected on the last page of Exhibit B ("DLGF
Budget Form No. 4"), and each Councilmember must sign this page of Exhibit B.
It should be noted that the exhibits will be forthcoming in a substitute ordinance.
I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance
Committee and other meetings of the South Bend Common Council.
Regards
Kyle Willis
City Controller
56-25
Filed in Clerk's Office
r•i'"_f
u J _J
BILL NO. 56-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE
PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE
CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31,
2026,AND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE
EXPENSES OF THE CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR
BEGINNING JANUARY 1,2026 AND ENDING DECEMBER 31,2026, INCLUDING
ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN
THE SAME SHALL TAKE EFFECT
STATEMENT OF PURPOSE AND INTENT
It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses
of several Departments of the Civil City of South Bend, Indiana for 2026, and it is necessary to
levy a tax on taxable property for the purpose of meeting said expenses.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
SECTION 1. For the expenses of the Civil City Government, its various
Departments, Funds, Commissions, and institutions for the fiscal year ending December
31, 2026, the sums of money stated in the budget summary attached to this Ordinance as
Exhibit A (in the form required by South Bend Municipal Code Sec. 2-90) are hereby
appropriated and ordered set apart within the funds identified in that Exhibit(the"Funds"),
subject to the laws governing the same. The sums herein appropriated shall be deemed to
include all expenditures authorized to be made in said year, unless otherwise expressly
stipulated or provided by the law. By adoption of and consistent with this Ordinance, the
State-mandated Budget Form No. 4 attached to this Ordinance as Exhibit B is hereby
approved and adopted with respect to the Funds.
SECTION II. For the purpose of raising revenue to meet the expenses of the Civil
City Government, its various Departments, Funds, Commissions, and institutions for the
fiscal year ending December 31, 2025, there shall be levied a property tax upon each one
hundred dollars of assessed valuation of taxable property within the City of South Bend,
Indiana, for the fiscal year 2024 to be collected in the year 2025, as shown and described
in the State-mandated Budget Form No. 4 attached to this Ordinance as Exhibit B.
SECTION III. This Ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at _ o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
County-City Building
227 W Jefferson Blvd Suite, 1200 N
South Bend, IN 46601
Phone Email Website
311 inside City limits
311@southbendin.gov
Southbendin.gov
James Mueller, Mayor
Filed in Clerk's Office
'l '
Bianca Tirado City of South Bend City Clerk, South Bend, IN
September 3, 2025
Canneth Lee, President
Department of Administration & Finance Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 I
RE: 2026 TRANSPO Budget Appropriation and Property Tax Levy
Dear Council President Lee:
Attached, please find a bill for consideration by the Common Council of the City of South Bend
appropriating, adopting and approving monies for the South Bend Public Transportation
Corporation (Transpo) for the fiscal year commencing January I, 2026, and ending December 31,
2026.
This bill is respectfully submitted for I st reading filing with the Common Council for the council
meeting on September 81\ 2025, 2nd reading and public hearing at the council meeting on
September 22nd, 2025, with 3rd reading and council vote at the council meeting on October 13th,
2025. Per requirements of the Indiana Department of Local Government Finance ("DLGF"), when
this bill is voted upon, each Councilmember's vote must be reflected on the last page of Exhibit B
("DLGF Budget Form No. 4"), and each Councilmember must sign this page of Exhibit B.
I will be available to discuss this bill at the appropriate sessions of the Personnel and Finance
Committee and other meetings of the South Bend Common Council. Employees of the South Bend
Public Transportation Corporation will also be available at these meetings.
Regards,
if tJJL'
Kyle Willis
City Controller
57-25
Filed in Clerk's Office
BILL NO. 57-25
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROPRIATING, ADOPTING AND APPROVING THE SOUTH BEND
PUBLIC TRANSPORTATION CORPORATION'S 2026 BUDGET AND LEVYING THE
TAX AND FIXING THE RATE OF THE TAXATION FOR THE PURPOSE OF
RAISING REVENUE TO FUND THE SOUTH BEND PUBLIC TRANSPORTATION
CORPORATION, SOUTH BEND, INDIANA, FOR THE FISCAL YEAR ENDING
DECEMBER 31, 2026
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana law, the South Bend Public Transportation Corporation is required to submit
its proposed budget and tax levy to the Common Council of the City of South Bend for adoption.
Specifically, Indiana Code § 6-1.1-17-20 requires that the South Bend Public Transportation
Corporation, as a political subdivision governed by a majority of unelected officials, submit its
proposed budget and property tax levy to the Common Council of the City of South Bend.
Pursuant to Indiana Code § 6-1.1-17-20(e), the Common Council of the City of South Bend is
required to review the South Bend Public Transportation Corporation's budget and proposed tax
levy and adopt a final budget and tax levy for the South Bend Public Transportation Corporation.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, as follows:
SECTION I. The South Bend Public Transportation Corporation's budget for the
year ending December 31, 2026, in the sum of$13,532,365, as shown in the budget filed
with the Common Council on September 3,2025, and attached to this Ordinance as Exhibit
A, is appropriated, adopted, approved and ordered set apart out of the several funds herein
named and for the purposes herein specified, subject to the laws governing the same. Such
sums herein appropriated shall be held to include all expenditures authorized to be made
during the year,unless otherwise expressly stipulated and provided for by law. By adoption
of and consistent with this Ordinance, the State-mandated Budget Form No. 4 attached to
this Ordinance as Exhibit B is hereby approved and adopted.
SECTION II. For the purpose of raising revenue to meet the necessary expenses
of the South Bend Public Transportation Corporation, there shall be levied a property tax
upon each one hundred dollars of assessed valuation of taxable property within the City of
South Bend, Indiana, for the fiscal year 2025 to be collected in the year 2026, as shown
and described in Exhibit B.
SECTION III. This Ordinance shall be in full force and effect from and after its
passage by the Common Council of the City of South Bend and approved by the Mayor.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
Filed in Clerk's Office
Bianca Tirado
City Clerk,South Bend, IN
Al&
transpo
south bend public
transportation corporation
2026 FISCAL OPERATING & CAPITAL BUDGET
January 1, 2026 through December 31, 2026
Prepared By
South Bend Public Transportation Corporation
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
SOUTH BEND, INDIANA
2026 FISCAL YEAR BUDGET REQUEST
TABLE OF CONTENTS
BUDGET ESTIMATE FOR 2026
PROJECTIONS I ASSUMPTIONS
2026 Revenue Projection 1
2026 Expense Projection 2
2026 Appropriations 3
2026 Budget Assumptions 4
2026 Budget Policy Statements 6
2026 Budget Summaries by Category —All Accounts 7-14
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
2026 REVENUE PROJECTION
CHANGE-2024 BUDGET vs.
ACTUAL 2023
2026 2025 2024 2025 2024
SOURCE BUDGET BUDGET ACTUAL BUDGET ACTUAL
FAREBOX 1,494,777 $ 1,406,375 $1,422,834 6.29%5.06%
ADVERTISING 271,665 $ 262,493 $ 281,224 3.49%3.40%
LEASE REVENUE 15,318 $ 25,963 $ 14,566 41.00%5.16%
CONCESSIONS AND MISCELLANEOUS 24,600 $ 24,600 $ 9,947 0.00% 147.31%
INTEREST INCOME 2,704 $ 2.704 $ 43,950 0.00% 93.85%
PROPERTY TAX 4,053,116 $ 4,065,115 $3,985,853 0.30% 1.69%
LICENSE EXCISE TAX 260,000 $ 260,000 $ 249,946 0.00%4.02%
LOCAL INCOME TAX 739,168 $ 808,971 $ 764,444 8.63%3.31%
STATE ASSISTANCE 2,080,062 $ 2,060,889 $2,080,062 0.93%0.00%
FEDERAL PREVENTATIVE MAINTENANCE $ 1,250,000 $ 1,250,000 $1,081,000 0% 15.63%
FEDERAL ASSISTANCE 2,284,955 $ 1,934,955 $1,791,200 18% 27.57%
LEASE PAYMENT FROM CITY 145,205 $ 200,000 20% 100.00%
TOTAL 12,476,365 $ 12,247,942 $ 11,925,026 1.86%4.62%
1
SOUTH BEND PUBLIC TRANSPORTATION CORPORATION
2026 EXPENSE PROJECTION
CHANGE-2025 BUDGET VS.
ACTUAL 2024
2026 2025 2024 2025 2024
Expense Category BUDGET BUDGET ACTUAL BUDGET ACTUAL
Salaries & Wages 6,888,585 $ 6,890,525 $ 6,371,680 0.03%8.11%
Fringe Benefits 2,626,015 $ 2,530,854 $ 2,130,046 3.76% 23.28%
Services 872,952 $ 752,309 $ 985,210
i
16.04% 11.39%
Materials & Supplies 906,228 $ 885,669 $ 873,272 2.32%3.77%
Utilities 427,000 $ 396,000 $ 337,335 7.83% 26.58%
Insurance 643,285 $ 678,285 $ 546,125 5.16% 17.79%
Other Taxes
Miscellaneous 112,300 $ 111,300 $ 90,377 0.90% 24.26%
SUB-TOTAL 12,476,365 $12,244,943 $ 11,334,045 1.89% 10.08%
Transfer- Capital Improvements I Reserve for Liability $
TOTAL 1 $ 12,476,365 $12,244,942 $ 11,334,045 1.89% 10.08%
2
TRANSPO
Budgeted Appropriations
Operating Budget Capital Budget Total 2026
Category 2026 2025 2026 2025 Appropriations
Personnel Services 9,514,600 9,421,379 9,514,600
Other Services and Charges 2,055,537 1,937,894 2,055,537
Supplies 906,228 885,669 906,228
Capital Outlays 54,860 268,000 1,001,140 1,340,000 1,056,000
Total Appropriations 12,531,225 $12,512,943 $ 1,001,140 $1,340,000 $ 13,532,365
r
3
Al&
transpo
2026 OPERATING BUDGET ASSUMPTIONS
REVENUES:
Federal, State, and Local: Transpo continues to avail ourselves of annual federal
capital formula grant funds for preventative maintenance and operating assistance. The
application of such funds towards the operating budget assists with offsetting any
increased expenses. In the past year, expenses have been increasing greater than
revenues. This has increased the challenge of providing a balanced budget. Transpo
will continue to pursue competitive grant opportunities to fund capital improvements and
expenses.
Ridership and Revenue: Transpo, like public transportation agencies across the
country, continues to rebuild ridership following the COVID-19 Pandemic. The 2022
ridership was 72% pre-pandemic ridership and continued to increase into 2024 where
ridership was 88% of pre covid numbers.
In June of 2025, Transpo implemented the Connect Transit plan. It is still early in the
implementation process to determine the effects it has on ridership and expenses.
EXPENSES:
Employee Wages and Benefits: For 2026, Transpo budgeted an increase in wages
and employee benefits from the 2025 budget. Wage increases are dictated by
Collective bargaining agreements. Health insurance premiums have remained
unchanged, for the fifth year in a row, in the 2026 budget.
Transfer — Capital Improvement Fund/Restricted Liability Reserve: The 2026
budget does not provide the opportunity to transfer funds into the capital account to fund
capital purchases. If at the end of 2026, a budget surplus would occur, the surplus
would be transferred to the capital account to fund 2027 capital purchases.
UPON THE ADOPTION OF THE ANNUAL BUDGET BY THE SOUTH
BEND PUBLIC TRANSPORTATION BOARD OF DIRECTORS, A
MONTHLY BUDGET, BASED ON HISTORICAL AND FUTURE TRENDS,
4
WILL BE ESTABLISHED. THIS WILL HELP FACILITATE THE MONTHLY
REVIEW OF FINANCIAL REPORTS BY BOARD MEMBERS AND
INTERNAL MANAGEMENT.
5
transpo
2026 OPERATING BUDGET POLICY STATEMENTS
FINANCIAL CAPACITY:
1. Management will continue to search for investment, grant and funding
opportunities to maximize revenues.
2. Management will assure cash handling practices to safeguard funds in its
protection and toward timely collection of funds owed.
SERVICE POLICY:
3. Transpo, in partnership with MACOG, completed the CONNECT Transit Plan
operational analysis in 2023. The Transpo Board of Directors approved both the
Short-Term Network and Additional Funding Network. Transpo implemented the
changes on June 2,2025.
4. Access service will be provided in accordance with all applicable FTA guidelines.
MANAGEMENT:
5 A professional workforce will carry out our Mission Statement. Management will
assure fairness, consistency, and effective Equal Employment Opportunity and
Affirmative Action policies and practices.
6. Assumes continuation of team development, employee recognition, and
increased opportunities for employee training.
7. Assumes continued pursuit of programs of wellness and accident prevention in
an effort to stem, to whatever extent possible, rising insurance costs.
6
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE:Salaries &Wages Summary
2024 ACTUAL 6,371,680 2026 BUDGET REQUEST 6,888,585
2025 MONTHLY AVERAGE $ 524.044 2025 APPROVED BUDGET 6,890,524
2025 EST EXPENSE 6,288,525 BUDGET CHANGE 1,939)
Account Title 2025 2026
Operations-Fixed Route 3,786,246 3,800,163
Operations-ADA 749,596 775,748
Operations-Administration 457,903 383,424
Maintenance-Vehicles 1,071,181 1,080,662
Maintenance-Administration 142,751 145,996
Maintenance-Non-Revenue 114,751 118,414
General Administration 568,094 584,178
Total 6,890,524 6,888,585
7
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT:All
ACCOUNT TITLE: Fringe Benefits Summary
2024 ACTUAL 2,130,046 2026 BUDGET REQUEST 2,626,015
2025 MONTHLY AVERAGE $ 210,892 2025 APPROVED BUDGET 2,530,854
2025 EST EXPENSE 2,530,710 BUDGET CHANGE 95,161
Account Title 2025 2026
Fringe Benefits-FICA 527,125 526,977
Fringe Benefits-Pension Plan 352,176 348,295
Fringe Benefits-Medical Insurance 1,311,632 1,316,352
Fringe Benefits- Dental Insurance 51,093 54,000
Fringe Benefits--Life Insurance 57,728 57,294
Fringe Benefits-Short Term Disability 7,096 7,008
Fringe Benefits-Unemployment Insurance 11,032 10,818
Fringe Benefits-Workman's Compensation 160,462 253,421
Fringe Benefits-Uniforms 46,510 45,850
Fringe Benefits-Tool Allowance 6,000 6,000
Total 2,530,854 2,626,015
8
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Services Summary
2024 ACTUAL 985,210 2026 BUDGET REQUEST 872,952
2025 MONTHLY AVERAGE $ 77,572 2025 APPROVED BUDGET 752,309
2025 EST EXPENSE 1,022,121 BUDGET CHANGE 120,643
Account Title 2025 2026
Professional & Technical 140,369 165,369
Board Travel/Training 2,000 2,000
Temporary Help 2,500 2,500
Contract Services Operations 54,850 58,850
Contract Services Maintenance 294,700 308,700
Contract Services Administration 164,800 198,800
Security Services 93,090 136;733
Physical Damage Repairs 20,000 20,000
Recoveries of Physical Damage Repairs 20,000) 20,000)
Total $ 752,309 872,952
9
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Materials& Supplies Summary
2024 ACTUAL 873,272 2026 BUDGET REQUEST 906,228
2025 MONTHLY AVERAGE $ 69,194 2025 APPROVED BUDGET 885,669
2025 EST EXPENSE 830,325 BUDGET CHANGE 20,559
Account Title 2025 2026
Fuel & Lubricants Operations 496,082 469,004
Fuel & Lubricants Maintenance 16,027 13,364
Tires & Tubes Maintenance 2,560 2,560
Materials & Supplies Operations 10,000 10,000
Materials & Supplies Maintenance 320,000 370,000
Materials& Supplies Marketing 17,000 17,000
Other Materials& Supplies Operations 7,500 7,800
Other Materials & Supplies Maintenance 2,600 2,600
Other Materials & Supplies Administration 13,900 13,900
Total 885,669 906,228
10
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT:Administration & Maintenance
ACCOUNT TITLE: Utilities
ACCOUNT NUMBER: 505-0x50-00 505-0x2x-00
2024 ACTUAL 337,335 2026 BUDGET REQUEST 427,000
2025 MONTHLY AVERAGE $ 38,646 2025 APPROVED BUDGET 396,000
2025 EST EXPENSE 463,753 BUDGET CHANGE 31,000
Account Title 2025 2026
Electricity 225,000 240,000
Water & Sewage 18,000 18,000
Trash Collection 6,000 7,000
Telephone 47,000 47,000
Natural Gas 100,000 115,000
Totals 396,000 427,000
11
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Insurance Summary
2024 ACTUAL 546,125 2026 BUDGET REQUEST 643,285
2025 MONTHLY AVERAGE $ 56,059 2025 APPROVED BUDGET 678,285
2025 EST EXPENSE 672,710 BUDGET CHANGE 35,000)
Insurance - Liability & Physical Damage/Corporate Insurance 643,285
Other Corporate Insurance
Total 643,285
12
TRANSPO
2026 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Miscellaneous Summary
2024 ACTUAL 90,377 2026 BUDGET REQUEST 112,300
2025 MONTHLY AVERAGE $ 7,719 2025 APPROVED BUDGET 111,300
2025 EST EXPENSE 108,300 BUDGET CHANGE 1,000
Account Title 2025 2026
Dues & Subscriptions 17,300 18,300
Travel & Meetings 12,500 12,500
Community Services 12,000 12,000
Promotion 14,000 14,000
Advertising Placements 45,500 45,500
Interest Expense on Tax Warrants/Loans 10,000 10,000
Total 111,300 112,300
13
TRANS PO
2026 BUDGET SUBMISSION
DEPARTMENT: All
ACCOUNT TITLE: Passenger Fares Summary
ACCOUNT NUMBER: 413-0100-00
2024 ACTUAL: 1,422,834 2026 BUDGET REQUEST 1,494,777
2025 AVERAGE: 121,347 2025 APPROVED BUDGET 1,406,375
2025 ESTIMATED: 1,456,167 BUDGET CHANGE 88,402
Account Title 2025 2026
Passenger Revenue 652,962 691,789
Access Passenger Revenue 39,892 39,194
Access Punch Card Revenue 73,302 72,632
Passport Revenue 262,851 287,883
Student Pass Revenue 1,680
Tripper Revenue 227,065 236,114
Two Week Pass 63,042 65,589
One Day Pass 85,581 101,576
Student Summer Pass
1,406,375 1,494,777
14
CITY OF SOUTH BEND
COMMUNITY INVESTMENT
September 3, 2025
Council Member Troy Warner
Chairperson, Community Investment Committee
South Bend Common Council
County-City Building, 4th Floor
South Bend, Indiana 46601
RE: Loan Ordinance New Day Intake Center
Dear Council Member Warner,
Filed in Clerk's Office
) j ? r.-
Bianca Tirado City Clerk, South Bend, IN
The Redevelopment Commission entered into a Purchase Agreement on August 14, 2025, for
the sale of the northern half of 4022 Old Cleveland Road for the purpose of constructing a
minimum 110-bed lower barrier intake shelter to provide homeless services in our community in
a permanent, purpose-built space. The Redevelopment Commission at the same meeting also
authorized the beginning of the process to provide a forgivable loan for the development of the
New Day Intake Center. The property has already been rezoned by the Common Council for
this purpose.
The attached Loan Ordinance specifies the terms and conditions of the loan to the New Day
Intake Center. The total loan is for $4,000,000 to aid in the development of the intake center,
funded with revenues provided from River West TIF, River East TIF, and South Side TIF
controlled by the South Bend Redevelopment Commission. The project will directly serve the
benefit of the entire community by providing these necessary homeless services.
The loan would be forgivable provided the development is completed no later than December
31, 2029 and private investment exceeds $10 million.
City staff will be at Committee on Monday, September 22, 2025, to further discuss the project.
If you or other Council members have questions about the project or need additional
information, please feel free to call me at 574-245-6022.
Sincerely,
� �ssistant Director, Growth and Opportunity
EXCELLENCE ACCOUNTABILITY· INNOVATION INCLUSION EMPOWERMENT
14005 County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov
58-25
Filed in Clerk's Office
BILL NO. 58-25
Bianca Tirado
ORDINANCE NO.
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AUTHORIZING A
DIRECT LOAN TO THE DEVELOPER OF AN
ECONOMIC DEVELOPMENT FACILITY (LOW-BARRIER
EMERGENCY SHELTER PROJECT) AND APPROVING
OTHER MATTERS IN CONNECTION THEREWITH
STATEMENT OF PURPOSE AND INTENT
The City of South Bend, Indiana (the "City"), is a municipal corporation and political
subdivision of the State of Indiana and by virtue of I.C. 36-7-11.9, I.C. 36-7-12, I.C. 36-7-14 and
I.C. 36-7-25 (collectively, the "Act"), is authorized and empowered to adopt this ordinance (this
Ordinance") and to carry out its provisions.
The Act declares that the financing and refinancing of economic development facilities(as
defined in the Act) constitutes a public purpose.
Pursuant to the Act, the City is authorized to make loans for the purpose of financing,
reimbursing or refinancing all or a portion of the costs of acquisition, construction, renovation,
installation and equipping of economic development facilities in order to foster diversification of
economic development and creation or retention of opportunities for gainful employment in or
near the City.
New Day Intake Center, Inc., an Indiana nonprofit corporation (the "Developer") has
informed the City that it desires to acquire and construct certain economic development facilities
within the City which will consist of the construction, renovation or rehabilitation of certain real
property in the City to develop a no less than one hundred and ten (110) bed lower-barrier
emergency shelter, with an approximate total development cost of Fourteen Million Dollars
14,000,000) (collectively, the "Project"), and has requested that the City make a loan to the
Developer on a draw basis for the purposes of financing or reimbursing the Developer for a portion
of the costs of acquisition and construction of the Project.
The Project will be located in or physically connected to, and will directly serve and
benefit, the River West Development Area and the River West Allocation Area(the "River West
Allocation Area").
The Project will directly serve and benefit the South Side Development Area, the South
Side Allocation Area (the"South Side Allocation Area"), the River East Development Area, and
the River East Allocation Area(the"River East Allocation Area"and together with the River West
Allocation Area and South Side Allocation Area, collectively, the"Allocation Areas").
The Developer has requested from the City and the City of South Bend Economic
Development Commission (the "Commission") that the City make a loan to the Developer on a
draw basis pursuant to the Act in a total amount not to exceed Four Million Dollars ($4,000,000)
for the purpose of financing or reimbursing a portion of the costs of the Project (the "Loan") as
described in the proposed Financing and Loan Agreement between the City and the Developer(the
Loan Agreement").
The completion of the Project will result in the creation of jobs, the diversification of
industry and the creation of business opportunities in the City.
Pursuant to I.C. § 36-7-12-24, the Commission published notice of a public hearing on the
proposed financing of a portion of the Project costs (the"Public Hearing").
On the date specified in the notice of the Public Hearing, the Commission conducted the
Public Hearing, and adopted its evaluative report and resolution, which have been transmitted to
the Common Council, finding that the financing of a portion of the Project complies with the
purposes and provisions of the Act and that such financing will be of benefit to the health and
welfare of the City and its citizens.
The Commission has performed all actions required of it by the Act preliminary to the
adoption of this Ordinance and has approved and forwarded to the Common Council the forms of:
1) the Loan Agreement; (2) the Funding and Reimbursement Agreement (the "Funding
Agreement") between the City and the South Bend Redevelopment Commission (the
Redevelopment Commission"); and (3) this Ordinance (the Loan Agreement, the Funding
Agreement, and this Ordinance, collectively, the"Financing Agreements").
Pursuant to Indiana Code 36-7-14-39(b)(4) and Indiana Code 36-7-25-3(a), the
Redevelopment Commission may use certain incremental property taxes, among other purposes,
to reimburse the City for expenditures (including loans) made for local public improvements
which include buildings, parking facilities, and all expenses reasonably incurred in connection
with the acquisition and redevelopment of property) that are physically located in or physically
connected to, or directly serve or benefit, each of the Allocation Areas.
The Redevelopment Commission has adopted its Resolution No. 3646 on August 14,2025,
determining, subject to appropriations thereof by the Redevelopment Commission, to make
available certain tax increment revenues on deposit in the allocation fund for (i) the River West
Allocation Area(the"River West TIF Revenues"), (ii)the South Side Allocation Area(the"South
Side TIF Revenues"), and(iii)the River East Allocation Area(the"River East TIF Revenues"and
together with the River West TIF Revenues and the South Side TIF Revenues, collectively, the
TIF Revenues")to simultaneously reimburse the City for its costs incurred to fund each draw on
the Loan to the Developer with respect to the Project.
NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
2
SECTION I. Findings; Public Benefits. The Common Council hereby finds and
determines that the Project involves the acquisition and construction of an"economic development
facility" as that phrase is used in the Act; that the Project will increase employment opportunities
and increase diversification of economic development in the City, will improve and promote the
economic stability, development and welfare in the City, will encourage and promote the
expansion of industry, trade and commerce in the City and the location of other new industries in
the City; that the public benefits to be accomplished by the making of the Loan to the Developer
to finance and/or reimburse Project costs, in tending to overcome insufficient employment
opportunities,insufficient diversification of industry and lack of adequate housing,are greater than
the cost of public works or services (as that phrase is used in the Act) which will be required by
the Project; and, therefore, that the financing of a portion of the Project by the making the Loan to
the Developer under the Act: (i) will be of benefit to the health and general welfare of the City;
and(ii) complies with the Act.
Approval of Financing. The proposed financing of the Project by the funding of the Loan to the
Developer under the Act, in the form that such financing was approved by the Commission, is
hereby approved.
SECTION III. Terms of the Loan. (a) A portion of the costs of the Project will be
funded by the Loan to the Developer on a draw basis(each draw on the Loan,a"Draw"). The City
shall fund the Loan on a draw basis in the aggregate principal amount not to exceed Four Million
Dollars ($4,000,000), from (i) South Side TIF Revenues in the amount $465,377, (ii) River West
TIF Revenues in the amount of$2,475,686, and (iii) River East TIF Revenues in the amount of
1,058,937,then on deposit in the applicable allocation fund for each of the Allocation Areas and
made available by the Redevelopment Commission to the City for the purposes of making the
Loan to the Developer under the Act and the terms of the Loan Agreement. The Loan shall (i)
mature no later than December 31, 2029, on the date set forth in the final Loan Agreement (the
Maturity Date"), (ii)bear no interest,except as provided herein,and(iii)be secured by the pledge
of an unsecured promissory note of the Developer. Subject to the Unavoidable Delay provisions
of the Loan Agreement,the principal of each outstanding Draw on the Loan shall be forgiven upon
the earlier of(i)the substantial completion of the Project as evidenced by receipt of the certificate
required by Section 3.2 of the Loan Agreement, or (ii) the repayment of any principal not
previously forgiven and remaining outstanding and interest, if any, of the Loan on the Maturity
Date. In the event that the Developer abandons the Project or otherwise fails to proceed to
substantially complete the Project as required by the Loan Agreement and the Development
Agreement between the Redevelopment Commission and the Developer (the "Development
Agreement"), the repayment of any outstanding amount of the Loan(the"Outstanding Amount")
will be on a date not later than thirty (30) days from the date when the City's Department of
Community Investment, on behalf of the City,provides written notice to the Developer that, in its
sole discretion, it has determined that the Developer has abandoned or failed to proceed with the
Project as required by the Loan Agreement and the Development Agreement (the date of such
written notice being the"Trigger Date"). Interest will begin to accrue on the Outstanding Amount
beginning on the Trigger Date at the Prime Rate (as defined in the Loan Agreement) plus three
percent (3.0%)until the Outstanding Amount is fully paid by the Developer. In the event that the
Loan is forgiven, it is hereby acknowledged that the consideration received by the City for the
3
Loan being forgiven is the completion of the Project by the Developer and the economic benefits
resulting to the City therefrom.
b) The Loan does not and shall never constitute an indebtedness of,or a charge against
the general credit or taxing power of,the City. Forms of the Financing Agreements are before this
meeting and are by this reference incorporated in this Ordinance, and the Clerk of the City is
hereby directed, in the name and on behalf of the City, to insert them into the minutes of the
Common Council and to keep them on file.
SECTION IV. Execution and Delivery of Financing Agreements. The Mayor, the
Clerk and the Controller of the City are hereby authorized and directed, in the name and on behalf
of the City,to execute or endorse and deliver the Financing Agreements,submitted to the Common
Council, which are hereby approved in all respects.
SECTION V. Changes in Financing Agreements. The Mayor, the Clerk and the
Controller of the City are hereby authorized, in the name and on behalf of the City,without further
approval of the Common Council or the Commission, to approve such changes in the Financing
Agreements as may be permitted by the Act, such approval to be conclusively evidenced by their
execution thereof
SECTION VI. General. The Mayor, the Clerk and the Controller of the City, and
each of them, are hereby authorized and directed, in the name and on behalf of the City,to execute
or endorse any and all agreements, documents and instruments, perform any and all acts, approve
any and all matters, and do any and all other things deemed by them, or either of them, to be
necessary or desirable in order to carry out and comply with the intent, conditions and purposes of
this Ordinance(including the preambles hereto and the documents mentioned herein),the Project,
the making of the Loan, and the securing of the Loan under the Financing Agreements, and any
such execution, endorsement, performance or doing of other things heretofore effected be, and
hereby is, ratified and approved.
SECTION VII. Binding Effect. The provisions of this Ordinance and the Financing
Agreements shall constitute a binding contract between the City and the Developer, and after
making the Loan, this Ordinance shall not be repealed or amended in any respect which would
adversely affect the rights of the Developer.
SECTION VIII. Repeal. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION IX. Effective Date. This Ordinance shall be in full force and effect
immediately upon adoption and compliance with I.C. § 36-4-6-14.
SECTION X. Copies of Financing Agreements on File. Two copies of the
Financing Agreements incorporated into this Ordinance were duly filed in the office of the Clerk
of the City, and are available for public inspection in accordance with I.C. § 36-1-5-4.
Signature Page Follows]
4
Duly passed and adopted on this day of 2025 by the Common
Council of the City of South Bend, Indiana.
Canneth J. Lee, Council President
South Bend Common Council
Attest:
Bianca L. Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of 2025, at o'clock .m.
Bianca L. Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
DMS 48810692
5
NOTE: Not for execution as this time. This document is the form of the Financing and
Loan Agreement that will be used in connection with the forgivable loan to the entity
described herein,with such changes in form or substance as may be authorized by the
officers of the City executing the same. All dates and blanks will be filled in and the
Financing and Loan Agreement will be completed prior to execution thereof.
Filed in (,.
Bianca Tirado
City Clerk, South Bend, IN
FINANCING AND LOAN AGREEMENT
between
CITY OF SOUTH BEND, INDIANA
and
NEW DAY INTAKE CENTER,INC.
Re:
CITY OF SOUTH BEND,INDIANA
LOW-BARRIER EMERGENCY SHELTER PROJECT)
Dated as of 1,2025
FINANCING AND LOAN AGREEMENT
THIS FINANCING AND LOAN AGREEMENT made and entered into as of
1, 2025, by and between the City of South Bend, Indiana, a municipal corporation
and political subdivision existing under the laws of the State of Indiana(the"City"),and New Day
Intake Center, Inc., an Indiana nonprofit corporation (the "Borrower"), under the following
circumstances summarized in the following recitals (the capitalized terms not defined in the
recitals are as defined in Article I hereof):
A. Indiana Code, Title 36, Article 7, Chapter 12, as supplemented and amended
collectively, the "Act"), authorizes and empowers the City to make loans to provide funding for
economic development projects and facilities and vests the City with powers that may be necessary
to enable it to accomplish such purposes.
B. The Borrower has requested a certain economic development incentive from the
City in the form of a forgivable loan to the Borrower in the amount of not to exceed Four Million
Dollars ($4,000,000) (the "Loan"), to finance a portion of the construction, renovation or
rehabilitation of certain real property in the City to develop a no less than one hundred and ten
110) bed lower-barrier emergency shelter, with an approximate total development cost of
Fourteen Million Dollars ($14,000,000) (collectively,the"Project").
C. The City believes that developing the Project as described herein is in the best
interests of the health,safety and welfare of the City and its residents and complies with the public
purposes and provisions of the Act, and based upon the information presented to the City by the
Borrower, the City has determined that the Project constitutes an economic development project
and an economic development facility as defined by applicable law.
E. The City desires to facilitate the development of the Project by making the Loan to
the Borrower on a draw basis from available funds of the City and the Redevelopment Commission
as hereinafter defined)to finance a portion of the Project.
F. This Loan Agreement provides for the repayment by the Borrower of the Loan and
further provides for the Borrower's repayment obligation to be evidenced by the promissory note
in substantially the form attached as Exhibit A hereto (the "Note"), unless the Loan is forgiven
upon satisfaction of the conditions set forth in Section 4.3 hereto.
G. The parties hereto agree that it is of mutual benefit for the parties hereto to enter
into this Agreement relating to the Project and the Loan that will include the commitments of each
of the parties.
H. The South Bend Redevelopment Commission, for and on behalf of the City of
South Bend, Department of Redevelopment, and the Borrower have entered into a Development
Agreement dated as of August 14, 2025 (the "Development Agreement") pursuant to which the
parties agreed to their respective commitments with respect to the development of the Project.
NOW,THEREFORE, in consideration of the premises and the mutual representations and
agreements hereinafter contained,the City and the Borrower agree as follows:
ARTICLE I.
DEFINITIONS
Use of Defined Terms. In addition to the words and terms defined elsewhere in
this Agreement or by reference to another document, the words and terms set forth in Section 1.2
hereof shall have the meanings set forth therein unless the context or use clearly indicates another
meaning or intent. Such definitions shall be equally applicable to both the singular and plural
forms of any of the words and terms defined therein.
Section 1.2. Definitions. As used herein:
Act"means, collectively, Indiana Code 36-7-11.9 and 36-7-12, as enacted and amended.
Agreement" means this Financing and Loan Agreement as amended or supplemented
from time to time.
Borrower"means New Day Intake Center, Inc., an Indiana nonprofit corporation, and its
lawful successors and assigns to the extent permitted by this Agreement and the Development
Agreement.
City" means the City of South Bend, Indiana, a municipal corporation and political
subdivision existing under the laws of the State of Indiana.
Common Council"means the Common Council of the City.
Completion Date" means the date of completion of the Project evidenced in accordance
with the requirements of Section 3.2 hereof.
Designated Representative"means Sheila McCarthy or the person at the time designated
to act on behalf of the Borrower by written certificate furnished to the City, containing the
specimen signature of that person and signed on behalf of the Borrower by a duly authorized
officer. That certificate may designate an alternate or alternates. In the event that all persons so
designated become unavailable or unable to act and the Borrower fails to designate a replacement
within 10 days after such unavailability or inability to act, the City may appoint an interim
Designated Representative until such time as the Borrower designates that person.
Development Agreement" means the Development Agreement, dated August 14, 2025,
by and between the Borrower and the City of South Bend, Department of Redevelopment, acting
by and through its governing body, the Redevelopment Commission.
Event of Default"means any of the events described as an Event of Default in Section 6.I
hereof.
Loan"means the loan by the City to the Borrower pursuant to the terms of this Agreement.
Mandatory Project Completion Date"shall have the meaning defined in Section 3.3 of the
Development Agreement.
2
Maturity Date"means December 31, 20_
Note" means the Borrower's promissory note in the form attached as Exhibit A hereto,
which shall be unsecured.
Notice Address"means:
As to the City: City of South Bend Department of Community
Investment
1400 S County-City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Attention: Executive Director
With a copy to: South Bend Legal Department
1200S County-City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Attn: Corporation Counsel
As to the Borrower: New Day Intake Center, Inc.
Attn: Sheila McCarthy
PO Box 11162
South Bend, IN 46634
With a copy to: Sopko,Nussbaum, Inabnit& Kaczmarek
210 S. Michigan St.
Suite 500
South Bend, IN 46601
Attn: Richard A.Nussbaum II
or such additional or di ITerent address, notice of which is given under Section 7.2 hereof.
Ordinance"means Ordinance No. of the Common Council of the City adopted on
2025, authorizing the Loan and the execution and delivery of this Agreement.
Person" or words importing persons mean firms, associations, partnerships (including
without limitation, general and limited partnerships), limited liability companies,joint ventures,
societies, estates, trusts, corporations, public or governmental bodies, other legal entities and
natural persons.
Project" means the construction, renovation or rehabilitation of certain real property in
the City to develop a no less than one hundred and ten(110)bed lower-barrier emergency shelter,
with an approximate total development cost of Fourteen Million Dollars($14,000,000).
Redevelopment Commission" means the South Bend Redevelopment Commission.
3
State"means the State of Indiana.
Interpretation. Any reference herein to the City, to the Common Council, to the
Redevelopment Commission, or to any member or officer of the City includes entities or officials
succeeding to their respective functions, duties or responsibilities pursuant to or by operation of
law or lawfully performing their functions.
Any reference to a section or provision of the Constitution of the State or the Act, or to a
section,provision or chapter of the Indiana Code or to any statute of the United States of America,
includes that section, provision or chapter or statute as amended, modified, revised,supplemented
or superseded from time to time;provided,that no amendment,modification,revision,supplement
or superseding section, provision or chapter or statute shall be applicable solely by reason of this
provision, if it constitutes in any way an impairment of the rights or obligations of the City or the
Borrower under this Agreement.
Unless the context indicates otherwise, words importing the singular number include the
plural number, and vice versa; the terms "hereof', "hereby", "herein", "hereto", "hereunder"and
similar terms refer to this Agreement; and the term "hereafter" means after, and the term
heretofore" means before, the date of the Loan. Words of any gender include the correlative
words of the other genders, unless the sense indicates otherwise.
The Form of Promissory Note, attached hereto as Exhibit A, is by reference made a part
hereof.
Captions and Headings. The captions and headings in this Agreement are solely
for convenience of reference and in no way define, limit or describe the scope or intent of any
Articles, Sections, subsections, paragraphs, subparagraphs or clauses hereof.
ARTICLE II.
REPRESENTATIONS; LOAN TO THE COMPANY
Representations of the City. The City represents and warrants that:
a) The City is a municipal corporation organized and existing under the laws of the
State. Under the provisions of the Act, the City is authorized to enter into the transactions
contemplated by this Agreement and to carry out its obligations hereunder. The City has been
duly authorized to execute and deliver this Agreement.
b) The City agrees to make the Loan to the Borrower in the amount of not to exceed
4,000,000 pursuant to the terms and conditions hereof and the Development Agreement for the
costs associated with the acquisition and construction of the Project to create additional
employment opportunities in the City and to benefit the health, safety,morals and general welfare
of the citizens of City and the State.
Representations and Covenants of the Borrower. The Borrower represents and
warrants that:
4
a) It is an Indiana nonprofit corporation duly organized and validly existing under the
laws of the State and authorized to do business in the State, is not in violation of any laws in any
manner material to its ability to perform its obligations under this Agreement and the Note, has
full power to enter into and perform its obligations under this Agreement and the Note, and by
proper action has duly authorized the execution and delivery of this Agreement and the issuance
of the Note.
b) All of the proceeds from the Loan provided hereunder (including any income
earned on the investment of such proceeds) will be used for costs of acquiring and constructing
the Project.
c) The provision of financial assistance to be made available to it under this
Agreement from the proceeds of the Loan and the commitments therefor made by the City have
induced the Borrower to undertake the Project and such Project will create additional jobs and
employment opportunities within the boundaries of the City and result in the private investment
of the Project of approximately Ten Million Dollars($10,000,000).
d) Neither the execution and delivery of this Agreement, the consummation of the
transactions contemplated hereby including execution and delivery of the Note,nor the fulfillment
of or compliance with the terms and conditions of this Agreement, conflicts with or results in a
breach of the terms,conditions or provisions of the Borrower's Articles of Incorporation or Bylaws
or any restriction or any agreement or instrument to which the Borrower is now a party or by which
it is bound or to which any of its property or assets is subject or of any statute, order, rule or
regulation of any court or governmental agency or body having jurisdiction over the Borrower or
its property, or constitutes a default under any of the foregoing, or results in the creation or
imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of
the Borrower under the terms of any instrument or agreement,except as set forth in this Agreement
or in such manner as will not materially impair the ability of the Borrower to perform its
obligations hereunder.
e) The execution, delivery and performance by the Borrower of this Agreement and
the Note do not require the consent or approval of,the giving of notice to, the registration with, or
the taking of any other action in respect of, any federal, state or other governmental authority or
agency,not previously obtained or performed.
f) This Agreement and the Note have been duly executed and delivered by the
Borrower and constitute the legal, valid and binding agreements of the Borrower, enforceable
against the Borrower in accordance with their respective terms, except as may be limited by
bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights in
general. The enforceability of the Borrower's obligations under said documents is subject to
general principles of equity (regardless of whether such enforceability is considered in a
proceeding at law or in equity).
g) The Borrower shall use commercially reasonable efforts to invest such capital
expenditures in the Project by not later than the Mandatory Project Completion Date and shall
work diligently to complete the Project, subject to the Unavoidable Delay provisions of Section
7.12 of this Agreement. The Borrower shall apply all of the proceeds of the Loan toward the costs
5
of the Project and shall finance all remaining costs of the Project from other available funds of the
Borrower, including, but not limited to, construction financing.
h) No portion of the proceeds of the Loan will be used to provide any private or
commercial golf course,country club,massage parlor,tennis club,skating facility(including roller
skating, skateboard and ice skating), racquet sports facility(including any handball or racquetball
court), hot tub facility, suntan facility, racetrack, airplane, skybox or other private luxury box,
health club facility, facility primarily used for gambling or store, the principal business of which
is the sale of alcoholic beverages for off premises consumption.
i) No litigation at law or in equity nor any proceeding before any governmental
agency or other tribunal involving the Borrower is pending or, to the knowledge of the Borrower
threatened, in which any liability of the Borrower is not adequately covered by insurance and in
which any judgment or order would have a material and adverse effect upon the business or assets
of the Borrower or would materially and adversely affect the Project,the validity of this Agreement
or the performance of the Borrower's obligations thereunder or the transactions contemplated
hereby.
j) No event has occurred and is continuing which with the lapse of time or the giving
of notice would constitute an event of default under this Agreement or the Note.
Loan . The City will fund the Loan on a draw basis (each draw on the Loan, a
Draw")by making tax increment revenues then currently on deposit in the allocation fund for the
i) South Side Allocation Area of the South Side Development Area in the amount of$465,377,
ii)River West Allocation Area of the River West Development Area in the amount of$2,475,686,
and (iii) River East Allocation Area of the River East Development Area in the amount of
1,058,937 available to the Borrower as provided herein. The Borrower acknowledges and agrees
that such tax increment revenues are subject to appropriations thereof by the Redevelopment
Commission. Such Loan is being evidenced by the execution and delivery by the Borrower of the
Note substantially in the form attached hereto as Exhibit A. To request a draw on the Loan, the
Borrower shall submit a written draw request not more frequently than monthly to the City's
Department of Community Investment (the "Department") for review and approval by the
Department. Each written draw request shall indicate the amount of the Draw, detail the costs of
the Project to be reimbursed from such Draw, and state a recap of vendors and the amount paid to
each and attach copies of invoices paid.
ARTICLE III.
COMPLETION OF THE PROJECT
Acquisition, Construction, Equipping and Improving of Project. It is understood
that improvements made for the Project are that of the Borrower and any contracts made by the
Borrower with respect thereto shall acquire and construct the Project. The Borrower shall use
commercially reasonable efforts to construct the Project with all reasonable dispatch and to
complete the Project by no later than the Mandatory Project Completion Date,and shall pay when
due all fees, costs and expenses incurred in connection with that acquisition, construction from
funds made available therefor. It is further understood that any contracts made by the Borrower
with respect to the Project,whether construction contracts or otherwise, or any work to be done by
6
the Borrower on the Project are made or done by the Borrower on its own behalf and not as agent
or contractor for the City.
Completion Date. The Borrower shall notify the City of the Completion Date for
the Project by a certificate signed by the Designated Representative stating:
a) the date on which the Project is substantially completed,which shall be evidenced
by the issuance of a certificate of occupancy by the City, if the City provides such certificates of
occupancy,
b) that all other facilities necessary in connection with the Project have been acquired,
constructed, equipped and improved, and
c) that the acquisition, construction, equipment and improvement of the Project and
those other facilities have been accomplished in such a manner as to conform with all applicable
zoning, planning, building, environmental and other similar governmental regulations.
The certificate shall be delivered as promptly as practicable after the occurrence of the
events and conditions referred to in subsections(a)through(c)of this Section(the date of delivery
of such certificate being, the "Completion Date"). The Project must be completed prior to the
Mandatory Project Completion Date.
ARTICLE IV.
LOAN BY CITY; FORGIVENESS OF THE LOAN
Loan. The City hereby makes the Loan to the Borrower. Subject to the terms and
conditions hereof,the Loan shall bear no interest and shall be secured by the Note. The Loan shall
be non-recourse against the Borrower and the Project. The Loan proceeds shall be disbursed to
the Borrower on a draw basis as provided herein.
a) Payment of Principal, Premium and Interest. (a) Subject at all times to Section 4.3
hereof, the Borrower will duly and punctually pay the principal of, premium, if any, and interest
on the Note at the rates, at the times and the places and in the manner mentioned in the Note and
this Agreement according to the true intent and meaning thereof and hereof, until the principal of,
premium, if any, and interest on the Note shall have been fully paid.
b) Subject at all times to Section 4.3 hereof, the Borrower also agrees to pay (i) all
expenses incurred in connection with the enforcement of any rights under this Agreement; and
ii)all other payments of whatever nature which the Borrower has agreed to pay or assume under
the provisions of this Agreement; provided, however, that the Borrower may, without creating a
default under this Agreement, contest in good faith the necessity for any such extraordinary
services and extraordinary expenses and the reasonableness of any such fees, charges or expenses.
c) Subject at all times to Section 4.3 hereof, the Borrower covenants and agrees with
and for the express benefit of the City that all payments pursuant hereto and to the Note shall be
made by the Borrower on or before the date the same become due,and the Borrower shall perform
all of its other obligations,covenants and agreements hereunder,without notice or demand(except
7
as provided herein), and without abatement,deduction,reduction,diminution,waiver, abrogation,
set-off, counterclaim, recoupment, defense or other modification or any right of termination or
cancellation arising from any circumstance whatsoever,whether now existing or hereafter arising,
and regardless of any act of God, contingency, event or cause whatsoever, and irrespective
without limitation)of whether the Project or the Borrower's title to the Project or any part thereof
is defective or nonexistent, or whether the Borrower's revenues are sufficient to make such
payments, and notwithstanding any damage to, or loss, theft or destruction of, the Project or any
part thereof, expiration of this Agreement, any failure of consideration or frustration of purpose,
the taking by eminent domain or otherwise of title to or of the right of temporary use of, all or any
part of the Project, legal curtailment of the Borrower's use thereof, or whether with or without the
approval of the Issuer, any change in the tax or other laws of the United States of America, the
State of Indiana, or any political subdivision of either thereof, any change in the Issuer's legal
organization or status, or any default of the City hereunder, and regardless of the invalidity of any
portion of this Agreement; and the Borrower hereby waives the provisions of any statute or other
law now or hereafter in effect impairing or conflicting with any of its obligations, covenants or
agreements under this Agreement or which releases or purports to release the Borrower therefrom.
Nothing in this Agreement shall be construed as a waiver by the Borrower of any rights or claims
the Borrower may have against the City under this Agreement or otherwise,but any recovery upon
such rights and claims shall be had from the City separately, it being the intent of this Agreement
that the Borrower shall be unconditionally and absolutely obligated without right of set-off or
abatement,to perform fully all of its obligations,agreements and covenants under this Agreement
for the benefit of the City.
d) Subject at all times to Section 4.3 hereof, the obligations of the Borrower to make
the required payments and to perform and observe the other agreements on its part shall be absolute
and unconditional, irrespective of any defense or any rights of set-off,recoupment or counterclaim
it might otherwise have against the City, and the Borrower shall pay absolutely during the term of
this Agreement the payments to be made on account of the Loan and all other payments required
thereunder free of any deductions and without abatement,diminution or set-off;and the Borrower:
i) will not suspend or discontinue any payments of the Loan; (ii) will perform and observe all of
its other agreements contained in this Agreement; and (iii) will not terminate this Agreement for
any cause, including, without limiting the generality of the foregoing, failure of the Borrower to
complete the Project, the occurrence of any acts or circumstances that may constitute failure of
consideration, eviction or constructive eviction, destruction of or damage to the Project,
commercial frustration of purpose, any change in the tax laws of the United States of America or
of the State of Indiana or any political subdivision of either thereof, or any failure of the City to
perform and observe any agreement,whether express or implied,or any duty,liability or obligation
arising out of or connected with this Agreement.
e) It is understood and agreed that Borrower shall be obligated to continue to pay the
amounts specified herein and in the Note whether or not any portion of the Project is damaged,
destroyed or taken in condemnation and that there shall be no abatement of any such payments
and other charges by reason thereof.
Forgiveness. Notwithstanding anything herein to the contrary, but subject to the
Unavoidable Delay provisions of Section 7.12 of this Agreement,the principal of each outstanding
8
Draw on the Loan shall be forgiven: (a) upon the earlier of(i) the substantial completion of the
Project as evidenced by receipt of the certificate required by Section 3.2 hereof,it being understood
that the consideration for the Loan is the completion of the construction of the Project by the
Borrower and the resulting economic benefits to the City, or (ii) the repayment of any principal
not previously forgiven and remaining outstanding and interest, if any,of the Loan on the Maturity
Date. In the event that the Borrower abandons the Project or otherwise fails to proceed to
substantially complete the Project as required by this Agreement and the Development Agreement,
the repayment of any outstanding amount of the Loan (the "Outstanding Amount") will be on a
date not later than thirty (30) days from the date when the Department, on behalf of the City,
provides written notice to the Developer that, in its sole discretion, it has determined that the
Developer has abandoned or failed to proceed with the Project as required by this Agreement and
the Development Agreement (the date of such written notice being the "Trigger Date"). Interest
will begin to accrue on the Outstanding Amount beginning on the Trigger Date at the Prime Rate
plus three percent(3.0%) (where the"Prime Rate"shall mean the Prime Rate as published in The
Wall Street Journal,and which is described as the base rate on corporate loans at large U.S.money
center commercial banks, as such rate may vary from time to time, to be determined as of the
Trigger Date) until the Outstanding Amount is fully paid by the Borrower. In the event The Wall
Street Journal ceases to publish a Prime Rate, the City shall use a similar source to determine the
Prime Rate.
ARTICLE V.
ADDITIONAL AGREEMENTS AND COVENANTS
Indemnification. The Borrower releases the City (including, but not limited to,
members of the Common Council, the Economic Development Commission, and the
Redevelopment Commission, and their respective attorneys, agents and employees) from, agrees
that the City (including, but not limited to, members of the Common Council, the Economic
Development Commission, and the Redevelopment Commission, and their respective attorneys,
agents and employees) shall not be liable for, and indemnifies the City against, all liabilities,
claims, costs and expenses, including reasonable attorneys' fees and expenses, imposed upon,
incurred or asserted against the Common Council, Economic Development Commission or the
Redevelopment Commission, on account of: (a) any loss or damage to property or injury to or
death of or loss by any person that may be occasioned by any cause whatsoever pertaining to the
construction, maintenance, operation and use of the Project; and (b) any claim, action or
proceeding brought with respect to the matters set forth in(a)above.
In case any action or proceeding is brought against the City in respect of which indemnity
may be sought hereunder, the City promptly shall give notice of that action or proceeding to the
Borrower, and the Borrower upon receipt of that notice shall have the obligation and the right to
assume the defense of the action or proceeding;provided,that failure of the City to give that notice
shall not relieve the Borrower from any of its obligations under this Section unless that failure
prejudices the defense of the action or proceeding by the Borrower. At its own expense, the City
may employ separate counsel and participate in the defense. The Borrower shall not be liable for
any settlement made without its consent.
The indemnification set forth above is intended to and shall include the indemnification of
all affected officials, directors, officers and employees of the City, the Common Council, the
9
Economic Development Commission and the Redevelopment Commission. That indemnification
is intended to and shall be enforceable by the City to the full extent permitted by law.
Notwithstanding anything herein,no indemnity shall be required hereunder for damages that result
from the negligence or willful misconduct on the part of the party seeking indemnity.
ARTICLE VI.
EVENTS OF DEFAULT AND REMEDIES
Events of Default. Each of the following shall be an Event of Default: The
Borrower shall fail to observe and perform any agreement, term or condition contained in this
Agreement or the Development Agreement,and the continuation of such failure for a period of 30
days after notice thereof shall have been given to the Borrower by the City, or for such longer
period as the City may agree to in writing; provided,that if the failure is of such nature that it can
be corrected but not within the applicable period, that failure shall not constitute an Event of
Default so long as the Borrower institutes curative action within the applicable period and
diligently pursues that action to completion.
The declaration of an Event of Default, and the exercise of remedies upon any such
declaration, shall be subject to any applicable limitations of federal bankruptcy law affecting or
precluding that declaration or exercise during the pendency of or immediately following any
bankruptcy, liquidation or reorganization proceedings.
The Borrower hereby unconditionally waives diligence, presentment, protest, notice of
dishonor,and notice of default of the payment of any amount at any time payable to the City under
or in connection with the Loan. All amounts payable under the Loan and the Note are payable
with reasonable attorney fees and costs of collection and without relief from valuation and
appraisement laws.
Remedies on Default. Whenever an Event of Default shall have happened and be
subsisting, any one or more of the following remedial steps may be taken:
a) The City may have access to, inspect, examine and make copies of the books,
records, accounts and financial data of the Borrower pertaining to the Project; and
b) The City may pursue all remedies now or hereafter existing at law or in equity,plus
recover all expenses including attorney fees as provided in Section 6.4 or to enforce the
performance and observance of any other obligation or agreement of the Borrower hereunder.
Notwithstanding the foregoing or any other provision in this Agreement, the City shall not be
obligated to take any step that in its opinion will or might cause it to expend time or money or
otherwise incur liability unless and until a satisfactory indemnity bond has been furnished to the
City at no cost or expense to the City.
No Remedy Exclusive. No remedy conferred upon or reserved to the City by this
Agreement is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy shall be cumulative and shall be in addition to every other remedy given under
this Agreement, or now or hereafter existing at law, in equity or by statute. No delay or omission
10
to exercise any right or power accruing upon any default shall impair that right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient. In order to entitle the City to exercise any remedy
reserved to it in this Article, it shall not be necessary to give any notice, other than any notice
required by law or for which express provision is made herein.
Attorneys' Fees and Costs of Collection. If a default by the Borrower or the City
shall occur, the Prevailing Party shall, to the extent permitted by applicable law, be entitled to
recover from the non-prevailing party all reasonable costs,expenses and attorneys' fees(including
court costs and other expenses through all appellate levels)that it incurs in connection therewith.
For purposes hereof, the term "Prevailing Party" includes a party who obtains legal counsel or
brings any action against another party by reason of an alleged breach or default and obtains
substantially the relief sought, whether by compromise, settlement or judgment.
No Waiver. No failure by the City to insist upon the strict performance by the
Borrower of any provision hereof shall constitute a waiver of their right to strict performance and
no express waiver shall be deemed to apply to any other existing or subsequent right to remedy
the failure by the Borrower to observe or comply with any provision hereof. The City may waive
any Event of Default hereunder.
Notice of Default. The Borrower shall notify the City immediately if it becomes
aware of the occurrence of any Event of Default hereunder or of any fact,condition or event which,
with the giving of notice or passage of time or both, would become an Event of Default.
ARTICLE VII.
MISCELLANEOUS
Term of Agreement. This Agreement shall be and remain in full force and effect
from the date of Loan until such time as Loan shall have been fully paid or forgiven, except for
obligations of the Borrower under Sections 5.1 hereof,which shall survive any termination of this
Agreement.
Notices. All notices,certificates,requests or other communications hereunder shall
be in writing and shall be deemed to be sufficiently given when mailed by registered or certified
mail, postage prepaid, and addressed to the appropriate Notice Address. The Borrower and the
City, by notice given hereunder, may designate any further or different addresses to which
subsequent notices, certificates, requests or other communications shall be sent.
Extent of Covenants of the City;No Personal Liability. All covenants, obligations
and agreements of the City contained in this Agreement shall be effective to the extent authorized
and permitted by applicable law. No such covenant, obligation or agreement shall be deemed to
be a covenant,obligation or agreement of any present or future member,officer,agent or employee
of the City or the Common Council in other than his or her official capacity, and neither the
members of the Common Council nor any official of the City shall be subject to any personal
liability or accountability by reason of the covenants, obligations or agreements of the City
contained in this Agreement.
11
Binding Effect. This Agreement shall inure to the benefit of and shall be binding
in accordance with its terms upon the City,the Borrower and their respective permitted successors
and assigns. This Agreement may be enforced only by the parties,their assignees and others who
may, by law, stand in their respective places.
Amendments and Supplements. This Agreement may not be effectively amended,
changed, modified, altered or terminated except as may be evidenced in a writing executed by the
appropriate representatives of the City and the Borrower.
Execution Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original and all of which shall constitute but
one and the same instrument.
Severability. If any provision of this Agreement, or any covenant, obligation or
agreement contained herein is determined by a court to be invalid or unenforceable, that
determination shall not affect any other provision, covenant, obligation or agreement, each of
which shall be construed and enforced as if the invalid or unenforceable portion were not contained
herein. That invalidity or unenforceability shall not affect any valid and enforceable application
thereof, and each such provision, covenant, obligation or agreement shall be deemed to be
effective, operative, made, entered into or taken in the manner and to the full extent permitted by
law.
Successors and Assigns. Whenever in this Agreement any of the parties hereto is
named or referred to,the successors and assigns of such party shall be deemed to be included and
all the covenants, promises and agreements in this Agreement contained by or on behalf of the
Borrower, or by or on behalf of the City, shall bind and inure to the benefit of the respective
successors and assigns, whether so expressed or not. The Borrower may assign its interest in this
Agreement to any affiliate of the Borrower with the prior approval of the City and the Borrower
may further mortgage and assign all of the Borrower's interest in this Agreement to secure
mortgage loans or other indebtedness incurred by the Borrower with respect to the acquisition,
construction,equipping and improvement of the Project. The Borrower may not otherwise assign
its interest in this Agreement without obtaining the prior approval of the City. Notwithstanding
any such assignment, the Borrower shall not be released from any liability or obligations
hereunder.
Section 7.9. Third Party Beneficiary. The Borrower acknowledges and agrees that (i)
the Redevelopment Commission is hereby deemed a third-party beneficiary of this Agreement and
ii)the terms of this Agreement may be enforced by the Redevelopment Commission.
Governing Law. This Agreement shall be deemed a contract made under the laws
of the State and for all purposes shall be governed by and construed in accordance with the laws
of the State without giving effect to its conflict of laws rules.
Section 7.11. Dispute Resolution. The Borrower and the City agree to use their best
efforts to resolve quickly and informally any disputes that may arise under this Agreement. In the
event such informal means are unsuccessful, any such disputes shall be attempted to be resolved
first by mediation in accordance with the Indiana Rules of Dispute Resolution;provided,however,
12
the City may exercise any remedy available to it in the event the Developer fails to pay,when due,
any outstanding amount of the Loan. This Agreement shall be governed and construed in
accordance with the laws of the State of Indiana, without giving effect to its conflict of law rules.
Any litigation commenced by either of the City or the Borrower related to or arising out of this
Agreement must be filed in the state courts of St. Joseph County, Indiana. The Parties further
consent to the personal jurisdiction by said courts over it and hereby expressly waive, in the case
of any such action, any defenses thereto based on jurisdictions, venue or forum non conveniens.
Unavoidable Delay. In the event that the Borrower shall be delayed,hindered in or
prevented from the performance of any act required under this Agreement by reason of any
unusually inclement weather,strikes,lock-outs,labor troubles, inability to procure materials which
could not have been reasonably anticipated and avoided by the Borrower, failure of power to the
Project for reason other than acts of the Borrower or any person or party acting by, through or
under the Borrower, restrictive governmental laws or regulations, act of God, fire, earthquake,
flood, explosion, terrorism, action of the elements, war (declared or undeclared), police action,
invasion, insurrection, riot, mob violence, sabotage, health pandemic or epidemic, the act, failure
to act or default of the City, or other causes beyond the Borrower's reasonable control, then
performance of such act shall be extended for a period necessitated by such delay.
Subordination and No Limitation on Mortgagee or Financing Party. Any and all
rights of the City and obligations and liabilities of the Borrower under this Agreement and/or
relating to the Loan shall be expressly subject and subordinate to any mortgage loans or other
indebtedness incurred by the Borrower with respect to the acquisition and construction of the
Project. Notwithstanding anything in this Agreement to the contrary, (a) no provision of this
Agreement shall restrict or otherwise limit (i) any foreclosure by or other transfer of title to any
mortgagee or financing party of the Project, or(ii)any transfer of ownership of any interest in the
Borrower to such mortgagee or financing party or any constituent owner of the Borrower, and(b)
in the event of any such foreclosure by or other transfer of title to any mortgagee or financing
party, as permitted in clause (a)(i) above, any such mortgagee or financing party (or any party
taking by, through or under any such mortgagee or financing party) shall take title to the Project
free and clear of any responsibility, obligation and/or liability under this Agreement and/or the
Loan and without liability for the responsibilities, obligations and/or liabilities of the Borrower
under this Agreement and/or with respect to the Loan.
Signature Page Follows]
13
IN WITNESS WHEREOF, the City and the Borrower have caused this Agreement to be
duly executed in their respective names, all as of the day and year first written above.
City:
CITY OF SOUTH BEND. INDIANA
By:
Mayor
ATTEST:
Clerk
Borrower:
NEW DAY INTAKE CENTER, INC.
By:
Printed:
Its:
Signature Page to the Financing and Loan Agreement, dated as of 1, 2025, between
the City of South Bend, Indiana and New Day Intake Center, Inc.
EXHIBIT A
FORM OF PROMISSORY NOTE
Original Principal: Not to Exceed $4,000,000
Maturity Date: December 31, 20_
Interest Rate: 0%*
FOR VALUE RECEIVED, the undersigned, New Day Intake Center, Inc., an Indiana
nonprofit corporation("Borrower"),hereby promises to pay to the order of the City of South Bend,
Indiana ("City"), in immediately available funds, the principal, interest, if any, and any other
amounts due under the Financing and Loan Agreement, dated as of 1, 2025, between the
City and Borrower(the "Loan Agreement"), upon maturity or earlier under the terms of the Loan
Agreement,unless this Promissory Note is forgiven pursuant to the Loan Agreement,at such place
as the City may direct, in immediately available funds the principal sum of not to exceed
4,000,000.
In certain events and in the manner set forth in the Loan Agreement, payments due under
this Promissory Note are entitled to forgiveness.
This Promissory Note is issued pursuant to the Loan Agreement, and is entitled to the
benefits, and is subject to the conditions thereof. The Borrower's obligations under this
Promissory Note are subject in all respects to the further provisions of the Loan Agreement. The
obligations of the Borrower to make the payments required hereunder shall be absolute and
unconditional without any defense or right of set-off, counterclaim or recoupment by reason of
any default by the City under the Loan Agreement or under any other agreement between the
Borrower or the City or out of any indebtedness or liability at any time owing to the Borrower by
the City or for any reason, except for the forgiveness of the Loan as described in the Loan
Agreement.
This Promissory Note is the Note referred to in the Loan Agreement and is subject to, and
is executed in accordance with,all of the terms, conditions and provisions thereof, including those
respecting prepayments.
In any case where the date of payment hereunder shall not be on a Business Day(as defined
in the Loan Agreement), then such payment shall be made on the next succeeding Business Day
with the same force and effect as if made on the date of payment hereunder.
The Borrower hereby unconditionally waives diligence, presentment, protest, and notice
of dishonor of the payment of any amount at any time payable to the City under or in connection
with this Note. All amounts payable hereunder are payable with reasonable attorneys' fees and
costs of collection and without relief from valuation and appraisement laws.
All terms used in this Promissory Note which are defined in the Loan Agreement shall have
the meanings assigned to them in the Loan Agreement.
Subject to Section 4.3 of the Loan Agreement
A-1
IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed and
attested by its duly authorized officers or representatives.
Dated: 2025.
NEW DAY INTAKE CENTER, INC.
By:
Printed:
Its:
DMS 48843589v2
A-2
NOTE: Not for execution as this time. This document is the form of the Funding and
Reimbursement Agreement that will be used in connection with the forgivable loan to the
entity described herein, with such changes in form or substance as may be authorized by
the officers of the City executing the same. All dates and blanks will be filled in and the
Funding and Reimbursement Agreement will be completed prior to execution thereof.
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
FUNDING AND REIMBURSEMENT AGREEMENT
between
CITY OF SOUTH BEND, INDIANA
and
CITY OF SOUTH BEND, INDIANA, REDEVELOPMENT DISTRICT
Re:
CITY OF SOUTH BEND, INDIANA
LOW-BARRIER EMERGENCY SHELTER PROJECT)
Dated as of 1, 2025
FUNDING AND REIMBURSEMENT AGREEMENT
This FUNDING AND REIMBURSEMENT AGREEMENT, is made and entered into as
of 1, 2025 (the "Agreement") by and between the CITY OF SOUTH BEND,
INDIANA (the "City"), a municipal corporation duly organized and validly existing under the
laws of the State of Indiana (the "State"), and the SOUTH BEND REDEVELOPMENT
COMMISSION (the "Redevelopment Commission"), as governing body of the CITY OF
SOUTH BEND REDEVELOPMENT DISTRICT, a special taxing district duly organized and
validly existing under the laws of the State of Indiana(the"District").
WHEREAS,the Indiana Code, Title 36, Article 7, Chapters 11.9 and 12, as supplemented
and amended (collectively, the "Act"), authorizes and empowers the City to make direct loans to
users or developers (each as defined under the Act) for the cost of acquisition, construction, or
installation of economic development facilities, with such loans to be secured by the pledge of
one or more taxable or tax-exempt debt obligations of the users or developers, for diversification
of economic development and promotion of job opportunities in or near such City and vests the
City with powers that may be necessary to enable it to accomplish such purposes; and
WHEREAS, the City, upon finding that the Project (as hereinafter defined) and the
proposed financing of the construction thereof will create additional employment opportunities
in the City; will benefit the health, safety, morals, and general welfare of the citizens of the City
and the State; and will comply with the purposes and provisions of the Act, adopted an ordinance
approving a loan to New Day Intake Center, Inc., an Indiana nonprofit corporation (the
Borrower"); and
WHEREAS, the City intends to make a direct draw loan to the Borrower, pursuant to the
provisions of the Act, this Agreement, and the Financing and Loan Agreement, dated as of
1, 2025, between the City and the Borrower (the "Loan Agreement"), all for the
purpose of financing a portion of the Project; and
WHEREAS, pursuant to Indiana Code 36-7-14-39(b)(3) and Indiana Code 36-7-25-3(a),
the Redevelopment Commission may use certain incremental property taxes to reimburse the
City for expenditures (including loans) made for local public improvements (which include
buildings and all expenses reasonably incurred in connection with the acquisition and
redevelopment of property) that are physically located in or physically connected to, or directly
serve or benefit, each of the Allocation Areas(as defined herein); and
WHEREAS, pursuant to Resolution No. 3646, adopted by the Redevelopment
Commission on August 14, 2025, a copy of which is attached hereto as Exhibit A (the
Authorizing Resolution"), the Commission has authorized the use of Tax Increment Revenues
as defined herein), in the total amount of not to exceed Four Million Dollars ($4,000,000) from
moneys currently on deposit in the Allocation Funds (as defined herein), in order to reimburse
the City for expenditures made, or to be made,to finance a portion of the Project costs.
NOW THEREFORE, in consideration of the premises, the covenants and agreements
hereinafter contained, and for other valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the City and the District hereby agree and covenant.
End of Recitals)
ARTICLE I.
DEFINITIONS AND EXHIBITS
Section 1.1. Terms Defined. As used in this Agreement,the following terms shall have
the following meanings unless the context clearly otherwise requires:
Act" means, collectively, Indiana Code 36-7-11.9, Indiana Code 36-7-12, Indiana Code
36-7-14, and Indiana Code 36-7-25,each as amended.
Allocation Areas" means, collectively, the (i) River West Development Area Allocation
Area within the River West Development Area, (ii) River East Development Area Allocation
Area within the River East Development Area, (iii) South Side Development Area Allocation
Area within the South Side Development Area, each established by the Redevelopment
Commission in accordance with Indiana Code 36-7-14-39 for the purposes of capturing
incremental ad valorem real property taxes levied and collected on all taxable property in such
allocation area.
Allocation Funds" means, collectively, the (i) the River West Development Area
Allocation Area Allocation Fund, (i) the River East Development Area Allocation Area
Allocation Fund, and (iii) the South Side Development Area Allocation Area Allocation Fund,
each established under Indiana Code 36-7-14 for the Tax Increment Revenues collected in the
Allocation Area.
Authorizing Resolution" shall have the meaning set forth in the recitals hereof.
Borrower" means New Day Intake Center, Inc., an Indiana nonprofit corporation duly
organized and validly existing under the laws of the State of Indiana and qualified to do business
in the State of Indiana, or any successors thereto.
City" means the City of South Bend, Indiana, a municipal corporation duly organized
and validly existing under the laws of the State.
Costs of Construction" means the costs of providing for an "economic development
facility" as defined and set forth in the Act, including any legal, accounting, management,
program or consulting fees and expenses of the Borrower, the City or the District, and any other
costs permitted under the Act related thereto.
Development Agreement" means the Development Agreement, dated August 14, 2025,
by and between the Borrower and the Redevelopment Commission.
District"means the Redevelopment District of the City.
Loan" means the draw loan from the City to the Borrower in the original aggregate
principal amount of not to exceed $4,000,000, which will be made under the terms of the Loan
Agreement, the proceeds of which will be used by the Borrower to pay a portion of the Costs of
Construction for the Project.
Loan Agreement"means the Financing and Loan Agreement, dated as of 1,
2025, between the City and the Borrower.
2
Project" means the construction, renovation or rehabilitation of certain real property in
the City to develop a no less than one hundred and ten (110) bed lower-barrier emergency
shelter, with an approximate total development cost of Fourteen Million Dollars($14,000,000).
Project Fund" means the Project Fund established and held by the City or by a
financial institution or custodian selected by the City for such purpose, as the case may be, for
purposes of paying Costs of Construction of the Project.
Redevelopment Commission" means the South Bend Redevelopment Commission,
governing body of the District.
River East Development Area" means the economic development area within the
District previously established by the Redevelopment Commission in accordance with Indiana
Code 36-7-14.
River West Development Area" means the economic development area within the
District previously established by the Redevelopment Commission in accordance with Indiana
Code 36-7-14.
South Side Development Area" means the economic development area within the
District previously established by the Redevelopment Commission in accordance with Indiana
Code 36-7-14.
State"means the State of Indiana.
Tax Increment Revenues" means the property tax proceeds received by the
Redevelopment Commission which are derived from the assessed valuation of real property in
each of the Allocation Areas in excess of the assessed valuation described in Indiana Code 36-7-
14-39(b)(1) and Indiana Code 36-7-14-39(b)(2), as such statutory provision exists on the date of
execution of this Agreement, such revenues consisting of (i) $465,377 from the South Side
Development Area Allocation Area, (ii) $2,475,686 from the River West Development Area
Allocation Area, and(iii) $1,058,937 from the River East Development Area Allocation Area.
Section 1.2. Exhibits. The following Exhibits are attached to and by reference made a
part of this Agreement.
Exhibit A. Copy of Authorizing Resolution.
End of Article I)
3
ARTICLE II.
REPRESENTATIONS; LOAN TO BORROWER
Section 2.1. Representations by City. The City represents and warrants that:
a) The City is a municipal corporation organized and existing under the laws of the
State of Indiana. Under the provisions of the Act, the City is authorized to enter into the
transactions contemplated by this Agreement and to carry out its obligations hereunder. City has
been duly authorized to execute and deliver this Agreement. City agrees that it will do or cause
to be done all things within its control and necessary to preserve and keep in full force and effect
its existence.
b) Concurrently with the execution and delivery of the Loan Agreement and this
Agreement, the City agrees to make the Loan to the Borrower on a draw basis (upon the District
making funds available to simultaneously reimburse the City for such purpose in accordance
with the terms of this Agreement) for the purpose of financing a portion of the Costs of
Construction for the Project, in order to create additional employment opportunities in the City
and to benefit the health, safety, morals and general welfare of the citizens of the City and the
State.
Section 2.2. Representations by Redevelopment District. The Redevelopment
Commission, governing body for the District, represents and warrants that:
a) The Redevelopment Commission is the governing body of the District, which is a
special taxing district organized and existing under the laws of the State of Indiana. Under the
provisions of the Act, the Redevelopment Commission is authorized to enter into the transactions
contemplated by this Agreement and to carry out its obligations hereunder. The Redevelopment
Commission has been duly authorized to execute and deliver this Agreement. The
Redevelopment Commission agrees that it will do or cause to be done all things within its control
and necessary to preserve and keep in full force and effect its existence.
b) In order to simultaneously reimburse the City for its costs incurred, or to be
incurred, in providing draws on the Loan pursuant to Section 2.3 of the Loan Agreement to
finance a portion of the Costs of Construction for the Project, the Redevelopment Commission
agrees that it will consider appropriations of not more than $4,000,000 from the respective
amounts of the Tax Increment Revenues then currently on deposit in the Allocation Funds for the
purpose of paying to, or upon the order of, the City for depositing into the Project Fund, with the
sum of such appropriations not to exceed an aggregate principal amount equal to Four Million
Dollars($4,000,000).
c) The Redevelopment Commission acknowledges and agrees that the Loan being
made by the City to the Borrower is subject to forgiveness upon the Borrower's satisfaction of
certain conditions set forth in Section 4.3 of the Loan Agreement.
End of Article II)
4
ARTICLE III.
MISCELLANEOUS PROVISIONS
Section 3.1. Supplements and Amendments to this Agreement. The Borrower, the City
and the District may from time to time, upon the written agreement of all parties hereto, enter
into such supplements and amendments to this Agreement as to them may seem necessary or
desirable to effectuate the purposes or intent hereof, which consent and agreement to such
supplement or amendment hereto may be withheld in the sole discretion of any party.
Section 3.2. Agreement for Benefit of Parties Hereto. Nothing in this Agreement,
express or implied, is intended or shall be construed to confer upon, or to give to, any person
other than the parties hereto, and their successors and assigns, any right, remedy or claim under
or by reason of this Agreement or any covenant, condition or stipulation hereof; and the
covenants, stipulations and agreements in this Agreement contained are and shall be for the sole
and exclusive benefit of the parties hereto, and their successors and assigns.
Section 3.3. Severability. In case any one or more of the provisions contained in this
Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions contained herein and therein shall not in any way be
affected or impaired thereby.
Section 3.4. Counterparts. This Agreement is being executed in any number of
counterparts, each of which is an original and all of which are identical. Each counterpart of this
Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed
but one instrument.
Section 3.5. Governing Law. It is the intention of the parties hereto that this
Agreement and the rights and obligations of the parties hereunder shall be governed by and
construed and enforced in accordance with,the laws of the State of Indiana.
End of Article III)
5
IN WITNESS WHEREOF, the City and the Redevelopment Commission, acting for and
on behalf of the District, have caused this Agreement to be executed in their respective names,
and the City and the Redevelopment Commission, acting for and on behalf of the District, have
caused their corporate seals to be hereunto affixed and attested by their duly authorized officers,
all as of the date first above written.
CITY OF SOUTH BEND, INDIANA
By:
SEAL) Mayor
Attest:
Clerk
CITY OF SOUTH BEND
REDEVELOPMENT DISTRICT, acting by
and through the SOUTH BEND
REDEVELOPMENT COMMISSION
President
Attest:
Secretary
Signature Page to the Funding and Reimbursement Agreement,
dated as of 1, 2025, between the City of South Bend, Indiana and
the City ofSouth Bend, Indiana, Redevelopment District
EXHIBIT A
Copy of Authorizing Resolution
DMS 48843504.1
A-1