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09-22-2025 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 18, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, September 22, 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/092225CC 3:20 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 54-25 - Q3 2025 Additional Appropriations Ordinance 2.Bill No. 55-25 - Q3 2025 Budget Transfer Ordinance 3.Bill No. 56-25 - 2026 Annual Budget Appropriation and Property Tax Levy 4.Bill No. 57-25 - 2026 TRANSPO Budget Appropriation and Property Tax Levy 3:55 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1.Bill No. 58-25 - Authorizing a Direct Loan to the Developer of an Economic Development Facility (Low-Barrier Intake Emergency Shelter Project) and Approving other Matters in Connection Therewith 4:10 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1.Bill No. 47-25 - Special Exception and Amending the Zoning Ordinance for Property Located at 431 Dundee Street 4:15 P.M. HEALTH & PUBLIC SAFETY CHAIRPERSON, TOMAS MORGAN 1.Update – Crisis Intervention Team (CIT) 4:50 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 22, 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/SBCC092225 1. INVOCATION ERIC SNYDER | FAIRLAND CHRISTIAN CHURCH 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES SEPTEMBER 8, 2025 5. SPECIAL BUSINESS HONORING THE SOUTH BEND POLICE DEPARTMENT P.A.L. PROGRAM AND CELEBRATING THE OUTSTANDING ACCOMPLISHMENTS OF THE P.A.L. TRACK ATHLETES 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 47-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 431 DUNDEE ST, COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA 2 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 54-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS 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) 55-25 PUBLIC HEARING 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 PUBLIC HEARING 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 (PUBLIC HEARING ONLY) 3 57-25 PUBLIC HEARING 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 (PUBLIC HEARING ONLY) 58-25 PUBLIC HEARING 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 8. BILLS ON THIRD READING TIME:______ BILL NO. 47-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 431 DUNDEE ST, COUNCILMANIC DISTRICT NO. 6 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 54-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS 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 4 OPERATIONS FUND (#641), $927,110 FROM THE CENTURY CENTER OPERATIONS FUND (#670), $500,000 FROM THE CENTURY CENTER CAPITAL FUND (#671) 55-25 THIRD 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 58-25 THIRD 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 9. RESOLUTIONS 10. BILLS ON FIRST READING BILL NO. 59-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2026 60-25 FIRST READING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2026 61-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2026 62-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2026 63-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2026 64-25 FIRST READING ON AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2026 5 65-25 FIRST 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 628 WESTERN AVE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 66-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2026 67-25 FIRST 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 321 HILL ST & 319 HILL ST & 317 HILL ST & 315 HILL ST & 307 HILL ST & 523 LASALLE AVE & 529 LASALLE AVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA 68-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2026 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 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 No PLAN cod County-City Building o City of South Bend 227 W.Jefferson Blvd. 14005 y IZ South Bend, IN 46601 T PLAN COMMISSION 574) 235 7627 www.southbendin.gov/zoning July 23, 2025 Filed in Clerk's Office Honorable Committee Chair Davis JUL 2 3 20254thFloor, County-City Building South Bend, IN 46601 Bianca Tirado City Clerk, South Bend, IN RE:431 Dundee St— PC#0265-25 Dear Committee Chair Davis: Enclosed is an Ordinance for the proposed Zone Map Amendment and Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025, Council meeting, and set it for public hearing at your August 25, 2025, Council meeting.The petition is tentatively scheduled for public hearing at the August 18, 2025, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Renovate a vacant structure to establish a fourplex multifamily residence. (See attached application for further details) If you have any questions, please feel free to contact our office. Sincerely, crAit Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Commission President BILL NO. 47-25 Filed in Clerk's Office BILL NO.111'2-S in iu Bianca Tirado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE AND SEEKING A SPECIAL EXCEPTION USE FOR PROPERTY LOCATED 431 DUNDEE ST,COUNCILMANIC DISTRICT NO.6 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Renovating the existing structure to permit a 4 unit multifamily development. Petitioners desire to rezone the property from U1 Urban Neighborhood I District to U2 Urban Neighborhood 2 and seeking a Special Exception Use for Dwelling,Multi-Unit. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana.be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend,St. Joseph County,State of Indiana: Lots 1501, 1502, 1503 And N 1/2 Vacated Alley Summit Place 5th Add 02/03 Cons W/18-4051-I885& 1884 Per Owners Request be and the same is herby established as U2 Urban Neighborhood 2 SECTION II. That a Special Exception Use for Dwelling, Multi-Unit is herby granted subject to a site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions,if any,by the Advisory Plan Commission. 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. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7)Commitments, if applicable. 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 7,77 y," =ferson suite 1400S South Bend, IN 40501 PLAN COMMISSION on n southbendin v) ; Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: Address: Li 31 D arvc\2, S4---. Sov-13l. DR-nc\ l - Chi a-v)R `f(4c3Le 1 `'I Owner: prErn,er Une '-'60\ ;1A.y Con s-y0c-k-ion , L.L_C_ Legal Description: L.o--5 15 b 1 , l S od, 1 15 0 3 N-nd I\l t( Z Vaca.fo& RI (e Y Qw,m.,A- P\Pick 5-H-1 1\cic' o 21 o-2 C.orrS \,.)/tcc — yo5l- t%%5 Of y L Pe r OW(14s Re.G_b„e s+ Project Summary Cs `c 1-4/1'c, IK V VL/ w. I-Ai614 ( 010 71-S /ref s-frwai 5 ce .pv-o j ecA- Sorpn.vruQ r12 o s ,ci J L xcephs,90 ,s Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood 1 Additional Districts, if applicablE Proposed District U2 Urban Neighborhood 2 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition 1) The comprehensive Plan, 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction; and 5) Responsible development and growth. Subdivision — complete and attach subdivision application O Special Exception— complete and attach Criteria for Decision Making Use requested:Dwelling, Multi-Unit Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale ElFiling Fee Additional documents as noted above Filed in Clerk's Office J U L 2 3 2025 Bianca Tirado City Clerk, South Bend, IN Contact information Property owner(s) of the petition site: Name: Pr ev- ('one c)i ft) Cov S-fy-uc-lion 1L L- Address: 7-)1 I) 5 c Name: Address Name Address. Contact Person: ?r r`¢ "(3o c.or --r. c o 1 LC- Name: S IrmuN r J S I,G. k Address: Phone Number: S Li - `fob -- 33 $ E-mail: kC LS °I`l 1 9 3rna% e-OwN 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 n r atures: Cityof South Bend 227 V . Jefferson - Suite 1400S South Bend. IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: Address: y-51 1)vaiclte- Sow-tRe , -f, a. L-N'lol9 Owner: r e ry € e OAC. 11-)v'.l6.,iq ConSAruckiovt,LtC. Zoning: U1 Urban Neighborhood 1 Project Summary: / 31 tiaS gcNe Al`r"oci irk V¢RI rnip,N+6AO Lie elq-ks and 1)15 f a? V(1c6n4 -1- cinclwrtA-1 i't-ed -tor j 05-h Dver a Ai)" des _ `1- JGha• {e(1"14 q f%)'-c-l'itt Sect 4h.e Prof-r toIAil -f infitn+.1,o4 o pin la-1-)A 4 -)l SettAP, Jfsc.-e e r\of ct4 i n -1-k } w ,11 Coc ejU s-h JCiCr rn u 1}i -F Lr It r c S can neQ c60_,1e-1 o$ \4 W 1 ‘%,rl CA L Ap e ci't e uY m 1NS1CLI\°nldt\k‘k)C"1 iClooriny -1c) )41Abrt) 1N\If C U?, ca ( V.14-6014Sib4.4•hroovS• i anre S c (a n awl-. A K>. aai1K e C- re SeaW quested ACtio nc"s 4t e add%-l-ioN. o coAcu * 1, nG\ ex1 , r i ar- ex.c eck; all _su 4-9 Co rr-rr.c,n--S. `mQtbvrNan.ual\ also .vnc-\ idlo e. -}rec, u=k Jo: Co.e ksae , n a.- loosk \S°/" oir -E Luc'nyyele c tin , t S1pok'4'! Special txception/Use Variance —complete and attach Criteria for Decision Making re v.CCc1 b i Use requested:Dwelling, 2 Units Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: i1'c' ( 14a1-uc, cou ht l0 G" joSA nee b\061L ctrti e\elimn e Ae 5cAnsoo1 u 1\ b-,a.1c) ac icss y -CS f tu11I 14 ho0S ti tI n +t-e <a temo,a i a L°ny Ra , vl ca n Oaf V 'iLe a TCofCr 1 Tf trail `area Required Documents Li Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale n Filing Fee Criteria for Decision Making Special Exception- applicable A Sp e tion•Knay 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: w i 11 e r,h c-r c e p u b l c c s a f c.}H '- v..)t l f-rk.re b y 1-0,1SFor A 4 lon( vMIar)} 1 ? f`e_v) oJ$1`.1 rrt jr Al-r) 30,Qr1 C_ocat -e pl",an}- hou'Jtnq , Pt renov,LIcons L 11 e 1oal 0.11 c ` kc b 0;le\in c-o Art_ ;vt c l l cl n 5 -14,Q c.,cw ji v use- ' rb rP ex r- rcc.kcl Loam Si4-s,Smolce Cc rbov, wturnoJxic\Q cLektc.ocS j± up y racedLCtr, CwStS , er-' ro t,,;P tt t and s e_ ,sty,,mac), - na;AkcC d,C ;,nkr:k)v}-in5 , } f, e yhboChooaS kris.) cieP0-cLA end ltv4--lo12)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: 111;5 reae\ elorp,aKk. irn prove -1-IQ geS -1-t c s,-roo c-li-ovlgl, ,+ Sq i- o ecercir4,1 ,} hJS IrhCLJ ri A 2CsrfilC im-Pac+ on surf ouKci vl. ocs renoycc471 Q VQCa _JUr Se CI K ci tj L +t-\ ,voc r lL c/ h0USii n rz r,iI it!S, +c>Qs projec-f- will c p4z,-..a.04- 4 up ff a/1 eXi547P17 (CSiC(0444a.O lei ci h bor h oC,cf, v +kt 5+a to ; ('l 4- rev;--Q i i zed- o n 04-- h a o ( ' Cvmrnn %n'`9 3h) he proposed usve will be consistent with the character of the district in which it is located and the land uses authorized therein, because: r r The 5Urro A av1e.U in c:j tl l4o) c rr'1 X bT r. -- rv)U«i ra,m,1 j res,c ,,-',4\ - rnee.v4ies as ik,e..11 5 my ple Comtr.erU0(-/ r \i‘.‘\S A-CI A" t uJ x. 0A.E four. rot) Ifi tcvn i l y ttecti-F nNx)1t-I`S vn 4kP U P f cr VC(Corn nt,s'v'c.1 g v;is %n i S a 1 i,Ael K1 e yitr v A-L• n^-Pte K a I'ytl' tc sic nrvi-; charac.-cv' -{ 2ec i n --1.4, aia rGpt E" r I (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: 11c fro'‘‘e Soft,DAS P r'zhe s u{ (Flan Fro/40+1^1 cla.)ckoFoal+ rcd c Yacan4- u, ,vyq, vcd b lc in S4 hDrneS toy; i /l MUch r ct u51 n r TG M 1t 1-4 CLiignS ' f't , C, z;rah iC ca1 S+ ,() hlinCQ ne ;ghbor boo) J1-1-4 iACfcoce kovSil ao.\\ot 1 'a1 cl- a1lc b&-kr usx- s i y I2,i,Ic,sk s, {l ,,t,ti,( c©-r bu Illl oa1V-ab ( miIul -cfiuo1Li ev lcQnt 1-` i1s a SehoctiS Ci;molvn - Contact Information Property owner(s) of the petition site: Name: Prc.w.icr Dm Quad; n Lv`sk- ucil ,/1,.1 Address LI 31 boyultc. 5 Name: Address: Name: Address: Contact Person: Pre r.1;ex- Or-Q- QvilG on,LLC Name: 1 Cv1 '16o s.1c Address Phone Number: 571 - (400- 3 3$ lso E-mail ccci 1 c1 D as cyy\c, C--ovi-N 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. Prope er (s Sig ture Project Summary: The property at 431 Dundee Street, South Bend, Indiana 46619 has had very minimal updates and remained vacant and underutilized for over two decades. I have just purchased the property, with the intention of completing a full-scale renovation that will convert the existing vacant building into a fourplex multifamily residence. This redevelopment will include new electrical systems, insulation, drywall, flooring, plumbing, HVAC, brand new kitchens, bathrooms, landscaping, and more. A key feature will be the restoration of the currently sealed basement windows and the addition of adequate building exits, meeting or exceeding all safety code requirements. Improvements will also include a tree buffer, and window coverage on at least 15% of the street-facing elevation, as required by code. This revitalized fourplex, located just one block from an elementary school, will help address the need for quality housing in the area while replacing a long standing vacant and underutilized property with a completely renovated fourplex. Question Responses: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because: The project will enhance public safety and welfare by transforming a long-vacant, previously condemned structure into safe, code-compliant housing. All renovations will meet local and state building codes, including the addition of fire-rated walls, proper exits, smoke and carbon monoxide detectors, and upgraded mechanicals. The property will be landscaped, secured, and maintained, contributing to the neighborhood's visual appeal and livability. 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: This redevelopment will improve the aesthetics, functionality, and safety of the property, thus having a positive impact on surrounding property values. By renovating a vacant, unused building with modernized housing for families, this project will complement and uplift the existing residential neighborhood, contributing to the stability and revitalization of the neighborhood & community. 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 surrounding area includes a mix of single-family and multifamily residential properties, as well as multiple commercial buildings that house one to four multi-family apartments on the upper level of the commercial buildings in the area. The proposed fourplex aligns with the residential character& need in the area. The building will be updated to visually and functionally blend with nearby properties, while still offering diverse housing options within the community. 4. The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The project supports the City's Comprehensive Plan by promoting development, reducing vacant unimproved buildings and providing much-needed housing for families. It aligns with strategic goals to enhance neighborhood vitality, increase housing diversity and availability, and make better use of existing structures, all while preserving and contributing to walkable, family friendly development near schools and community amenities. PLnNco) 1%County-City Building City of South Bend 227 W.Jefferson Blvd. 1400S z South Bend,IN 46601 PLAN COMMISSION 574)235-7627 www.southbendin.gov/zoning FSTgBLISHED lov Filed in Clerk's Office Wednesday,August 20,2025 AUG 2 0 2025 South South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4'h Floor City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#47-25 -A proposed ordinance of STEPHEN BORYSIAK to zone from U 1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 and seeking a Special Exception Use to allow Dwelling,Multi-unit(21- 06.01(j)(5)),property located at 431 DUNDEE ST,City of South Bend-PC#0265-25 Dear Council Members: I hereby Certify that the above referenced ordinance of STEPHEN BORYSIAK was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public hearing on August 18,2025 took the following action: Upon a motion by Scott Ford,being seconded by Tyler Gillean and unanimously carried,a proposed ordinance of STEPHEN BORYSIAK to zone from U I Urban Neighborhood 1 to U2 Urban Neighborhood 2,property located at 431 DUNDEE ST,City of South Bend is TABLED. The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing,Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, crAit Timothy P. Staub Zoning Specialist Attachment CC: STEPHEN BORYSIAK Bob Palmer Thomas Jeff(seller) Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Commission President d° PLAN coNp County-City Building f City of South Bend 227 W.Jefferson Blvd. 1400S South Bend,IN 46601 PLAN COMMISSION 574)235-7627 www.southbendin.gov/zoning fsTA8LI5bED l` Filed in Clerk's Office Wednesday, September 17,2025 Yr South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4"'Floor City Clerk, South Bend, IN South Bend,IN 46601 Re:Bill#47-25-A proposed ordinance of STEFAN BORYSIAK to zone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 and seeking a Special Exception Use to allow Dwelling,Multi-unit(21- 06.01(j)(5)),property located at 431 DUNDEE ST,City of South Bend-PC#0272-25 Dear Council Members: I hereby Certify that the above referenced ordinance of STEFAN BORYSIAK was legally advertised on August 8,2025 and that the South Bend Plan Commission at its public hearing on September 15,2025 took the following action: Upon a motion by Scott Ford,being seconded by Tyler Gillean and unanimously carried,a proposed ordinance of STEPHEN BORYSIAK to zone from U 1 Urban Neighborhood 1 to U2 Urban Neighborhood 2,property located at 431 DUNDEE ST,City of South Bend is TABLED. Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, CrAlip Timothy P Staub Zoning Specialist Attachment CC: STEFAN BORYSIAK Bob Palmer Thomas Jeff(seller) Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Commission President * * * * * 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 BILL NO. 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 BILL NO. 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 BILL NO. 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 BILL NO. 56-25 PUBLIC HEARING ONLY 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 BILL NO. 57-25 PUBLIC HEARING ONLY 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 BILL NO. 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 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE September 17�,2025 Mr. Canneth Lee President, South Bend Common Council 4th Floor, County-City Building Soutj-1 Bend, IN 46601 RE: Teamster 2026 Salary Ordinance Dear President Lee: Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Attached is an ordinance setting the salaries for City employees that are members of the Teamsters for the calendar year 2026. This will be a continuation of the Teamsters' current contract. The members of the Teamsters Union will receive a three percent salary increase per the contract for 2026. 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 22nd, 2025, with 2nd reading, public hearing and 3rd reading scheduled for October 13�, 2025. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Kyle Willis City Controller BILL NO. 59-25 Filed in Clerk's Office BILL NO. 59-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2026. STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend,Indiana passed Ordinance Number 7997-89 on July 24, 1989, fixing the maximum wages and monetary fringe benefits for Teamsters Local Union No. 364 employees of the City for the calendar years 1990 through 1992. Each subsequent contract cycle, the Common Council has passed an ordinance fixing the maximum wages for Teamster employees following labor negotiations with representatives from the Teamsters Local Union No. 364, most recently on October 14, 2024 in Ordinance Number 11155-24 for the term commencing on January 1, 2025 through December 31, 2028. This most recent ordinance was modified by Council via Ordinance Number 11168-24 on December 9,2024 and Ordinance Number 11185-25 on March 10, 2025. This current ordinance fixes the maximum salary of Teamster Employees for Calendar year 2026 in conformity with Ordinance No. 11155-24, as amended by Ordinance Nos. 11168-24 and 11185-25, and re-affirms the terms of that Ordinance for the 2026 fiscal year. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The maximum salary of Teamster Employees for calendar year 2026 is fixed as provided in the attachments, which are incorporated herein by reference. This attachment is in conformity with Ordinance No. 11155-24, as amended by Ordinance Nos. 11168-24 and 11185- 25. SECTION II. All other terms, conditions, and provisions of Ordinance No. 11155-24, as amended by Ordinance Nos. 11168-24 and 11185-25, which are attached hereto and incorporated herein by reference, are hereby reaffirmed and approved for calendar 2026 as if fully set forth herein. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council 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 15 2025 Bianca Tirado City Clerk, South Bend, IN ORDINANCE No. 11155-24 Passed by the Common Council of the City of South Bend,Indiana October 14, 20 24 Attest: 4/40"/ 4 City Clerk Bianca L. Tirado Attest: VIt cm. lM President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana October 15, 20 24 City Clerk ianca L. Tirad Approved and signed by me ()till.,t{ l., 171 20 24 A414-- -- Mayor SUBSTITUTE BILL NO. 55-24 ORDINANCE NO. 11155-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,FIXING MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEARS 2025,2026,2027 AND 2028 STATEMENT OF PURPOSE AND INTENT This Ordinance sets forth the monetary aspects of the tentative agreement reached between the City Negotiating Team and the Teamster's Negotiating Team in 2024. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW,THEREFORE,BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,as follows: Section I. Maximum Compensation a) The maximum amounts to be paid as compensation for Teamster employees for the City of South Bend,Indiana are hereby established as set forth in the attachment,which is incorporated herein by reference. The amounts set forth are consistent with the recommended procedure of the State Board of Accounts dated March, 1993. Accordingly,wages are set and paid on a Bi- Weekly basis. Amounts by department and alphabetical position are set forth as well as the hourly wage for each position. Section II. Holidays,Vacations and Other Monetary and Fringe Benefits Incorporated by Reference. a) Holidays. Holidays for Teamster employees shall be as set forth in the Collective Bargaining Agreement,incorporated herein by reference. b) Vacations. Vacation for Teamster employees shall be as set forth in the Collective Bargaining Agreement,incorporated herein by reference. c) Insurance. 1) Comprehensive Major Medical Insurance Program/Preferred Provider Organization(PPO). The City shall maintain a comprehensive major medical insurance program that all Teamster employees may participate in,subject to the terms of the Collective Bargaining Agreement,incorporated herein by reference. 2) Short and Long Term Disability. Short and Long Term Disability shall be as set forth in the Collective Bargaining Agreement and the City's Personnel Policies and Procedures Manual, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty dollars($130)per month to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory,and the Employee who made such election may return to the City's comprehensive major medical Insurance Program,provided that the conditions of the City's Comprehensive Major Medical Insurance Program are met, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollars($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount not less than Fifteen Thousand Dollars($15,000) for each Teamster employee. 5) Benefit Waiting Period. The City notes that life insurance, comprehensive major Medical Insurance,and short-term disability programs require a minimum of sixty(60)day eligibility period;and that the long-term disability program requires a minimum of a ninety 90)day eligibility period which Teamster employees must meet. d) PERF Contribution. The City shall contribute one-and one-half percent 1.5%)of the Employee's required three percent (3%)contribution to the Indiana Public Employee Retirement Fund ("PERF") under Ind. Code 5- 10.2-3-2 for Employees who are members of the Bargaining Unit as of January I, 2025 or Employees hired after January I, 2025 who have maintained both five(5)continuous years of employment with the City and five (5) years membership in the Bargaining Unit. Employees are responsible for the remaining one-and one-half percent(1.5%)contribution to PERF,as set forth in the Collective Bargaining Agreement,incorporated herein by reference. e) Longevity. In recognition of certain Employee's dedicated service to the City, the following Longevity Bonus Plan is provided according to the contract terms and conditions: 0-5 Years =$0.00 6-10 Years =$150.00 11-l 5 Years =$200.00 16-20 Years =$250.00 21+Years =$350.00 t) Other Monetary Fringe Benefits. All other fringe benefits shall be as set tbrth in the City's Personnel Policies and Procedures Manual as it may be amended from time to time and the Collective Bargaining Agreement. If there is a conflict between Policy and the Bargaining Agreement, the Bargaining Agreement shall prevail. g) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who isn't Medicare eligible. Such assistance shall not exceed one(I)year. Any such bonus or assistance must be approved by the Mayor and Controller and are subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C.5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program,pursuant to statute,after consultation with the Controller and after appropriation by the Common Council. h) Hiring Bonus.The Mayor,may,at his/her discretion,offer a Hiring Bonus to a new Teamster employee as an incentive for the employee to accept the position offered.This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred($100)to four thousand dollars($4,000). i) Teamster Recruitment Incentive. The Mayor, at his/her discretion, to address labor shortages affecting qualified Teamster employees,or for other reasonable cause,may offer to a Teamster employee who verifiably assists in the recruitment and hiring of a new full-time Teamster employee a total payment of Five hundred dollars ($500.00) which may be payable in incremental sums at the discretion of the Mayor.Further uniform conditions of this payment may be imposed by the Mayor to assure integrity and non- collusion of this incentive program. j) City Residency Incentive.Full-time employees who establish and maintain legal residence within the City of South Bend city limits, reside on a continuous,permanent basis within the South Bend city limits,and comply with all regulations and requirements described in the Employee Handbook on this topic shall be entitled to an annual monetary bonus of two thousand dollars($2,000).This incentive will be paid out to qualifying employees once per year in January. Employees must be actively employed with the City of South Bend on December 3 1st of the previous year to qualify for payment. k) Definition of Full-Time Employee. Full-time employees are those employees who are not in a part time status and who are regularly scheduled to work the City of South Bend's full-time scheduled, forty(40)hours per week,or a reduced full-time schedule of thirty(30)hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms and conditions and limitations of each benefit program. I) Definition of Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status and who are scheduled to work less than the City of South Bend's full-time schedule,not to exceed one thousand five hundred eight (1,508) hours per year. While they do receive certain mandated benefits(such as worker's compensation and social security benefits),they are not eligible for other City benefit programs. Section III. Additional Appropriation and State of Indiana Approval Any appropriation for PERF contributions required by this ordinance are approved by the Common Council,and the Mayor or his designee is authorized to execute any documents related thereto required by any agency of the State of Indiana. Section IV. EffectiN e Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. Sharon McBride,Council President South Bend Common Council Attest: Bianca Tirado, 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 15th day of October 2024,at 12 o'clock_p.m. Bianca irado,City KAVAlbj Office of the City Clerk Approved and signed by me on the 17t' day of th,toJI e ,2024,at / o'clock 1^11/— _ g.m. J es Mueller,Mayor ity of South Bend,Indiana Title Change 3.00% <2025 Rate for Select Equip.Serv.Roles Non AddingStandard New Position Increase FTE 9.00% 3.00% _ 3.00% 3.00% 2024 2025 2026 2027 Position 2024 Rates Equivalent 2024 Rate Rates Rates Rates Rates Division NEAT Crew Operator 20 88 22 76 23 44 24 15 24.87 Equipment Services Division Building Maintenance 22.00 24.00 24.72 25.46 26.23 27.01 Body Repair IV 21.62 23.57 24.27 25.00 25.75 Body Repair V 22.81 24.86 25.61 26.38 27.17 General Laborer(Janitor) 20.00 21.80 22.45 23.13 23.82 Machinist IV 29.29 30.17 31.07 32.01 32.97 Machinist V 32.12 33.08 34.08 35.10 36.15 Mechanic III 27.10 27.91 28.75 29.61 30.50 Mechanic IV 29.29 30 17 31.07 32.01 32.97 Mechanic V 32.12 33.08 34.08 35.10 36.15 Parts Clerk I 20.45 22.45 23.12 23.82 24.53 25.27 Parts Clerk II 21.04 24.04 24.76 25.50 26.27 27.06 Parts Clerk III 26.04 26.82 27.63 28.45 29.31 II Police Division Technician I 17.87 19.48 20.06 20.66 21.28 Police Facility Operations Technician II 19.49 21.24 21.88 22.54 23.21 Police Facility Operations Technician III 22.82 24.87 25.62 26.39 27.18 IIII Solid Waste Division Driver 22.13 24.12 24.85 25.59 26.36 Streets&Sewers Division Street Work Group Equipment Operator I 18.83 20.52 21.14 21.77 22.43 Equipment Operator II 19.50 21.26 21.89 22.55 23.23 Equipment Operator III 20.26 22.08 22.75 23.43 24.13 Head Custodian 18.65 20.33 20.94 21.57 22.21 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.17 24.17 24.89 25.64 26.41 II Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Group II Operations Technician I 19.77 21.55 22.20 22.86 23.55 Operations Technician II 20.77 22.64 23.32 24.02 24.74 Leader 22.17 24.17 24.89 25.64 26.41 Sign Artist I 20.71 22.57 23.25 23.95 24.67 Sign Artist II 22.17 24.17 24.89 25.64 26.41 Signal Technician I 20.49 22.33 23.00 23.69 24.41 Signal Technician II 21.39 23.32 24.01 24.73 25.48 22.39 24.41 25.14 25.89 26.67 T1 f .rV, 23.40 25.51 26.27 27.06 27.87 Electrician 23.40 25.51 26.27 27.06 27.87 24.90 27.14 27.96 28.79 29.66 Sewer Work Group Concrete Finisher 21.90 23.87 24.59 25.32 26.08 Concrete Finisher Apprentice 19.77 21.55 22.20 22.86 23.55 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 21.53 23.47 24.17 24.90 25.64 Job Leader 22.66 24.70 25.44 26.20 26.99 Operator I 18.83 20.52 21.14 21.77 22.43 Operator II 19.50 21.26 21.89 22.55 23.23 Operator III 20.26 22.08 22.75 23.43 24.13 Utilities Division Group Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.48 24.50 25.24 26.00 26.78 Wastewater Work Group H CSO Rep I 20.67 22.53 23.21 23.90 24.62 CSO Rep II 21.53 23.47 24.17 24.90 25.64 Dewater Operator 21.53 23.47 24.17 24.90 25.64 Sanitation Operator 18.79 20.48 21.10 21.73 22.38 General Laborer 17.87 19.48 20.06 20.66 21.28 Janitor 18.00 19.62 20.21 20.81 21.44 Lift Station - Rep I 21.53 23.47 24.17 24.90 25.64 Lift Station-Rep II 22.45 24.47 25.20 25.96 26.74 Maintenance Electrician I 20.28 22.11 22.77 23.45 24.15 Maintenance Electrician II 20.71 22.57 23.25 23.95 24.67 Maintenance Electrician III 22.45 24.47 25.20 25.96 26.74 Maintenance Electrician IV 23.34 25.44 26.20 26.99 27.80 Maintenance Electrician V 24.77 27.00 27.81 28.64 29.50 Maintenance Lead 25.11 27.37 28.19 29.04 29.91 Maintenance Repair I 20.67 22.53 23.21 23.90 24.62 Maintenance Repair II 21.53 23.47 24.17 24.90 25.64 Maintenance Repair III 22.45 24.47 25.20 25.96 26.74 Maintenance Repair IV 23.34 25.44 26.20 26.99 27.80 24.77 27.00 27.81 28.64 29.50 Operator-General 21.53 23.47 24.17 24.90 25.64 Operator-Lead 25.11 27.37 28.19 29.04 29.91 Operator-Senior 22.45 24.47 25.20 25.96 26.74 Water Works Division formerly Customer Service& Billing I) 22.64 24.68 25.42 26.18 26.97 formerly Customer Service& Billing II) 23.17 25.26 26.01 26.79 27.60 Field Repairman/Inspector I 19.16 20.88 21.51 22.16 22.82 Field Repairman/Inspector II 19.90 21.69 22.34 23.01 23.70 Field Repairman/Inspector III 21.04 22.93 23.62 24.33 25.06 Field Repairman/Inspector IV 21.33 23.25 23.95 24.67 25.41 Field Repairman/Inspector V 21.59 23.53 24.24 24.97 25.72 General Laborer 17.87 19.48 20.06 20.66 21.28 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.80 23.76 24.47 25.21 25.97 Job Leader-Construction& Maintenance 22.66 24.70 25.44 26.20 26.99 Machinist 21.33 23.25 23.95 24.67 25.41 Tech I 20.62 22.48 23.15 23.84 24.56 Tech II 21.53 23.47 24.17 24.90 25.64 Tech Ill 22.45 24.47 25.20 25.96 26.74 23.50 25.62 26.38 27.17 27.99 Maintainence Tech 25.11 27.37 28.19 29.04 29.91 Operator I 18.83 20.52 21.14 21.77 22.43 Operator II 19.50 21.26 21.89 22.55 23.23 Venues Parks&Arts Division Arborist I 21.53 23.47 24.17 24.90 25.64 Arborist II 23.4 25.51 26.27 27.06 27.87 Arborist/Weed Control 20.71 22.57 23.25 23.95 24.67 Asst. Greens Superintendent 21.02 22.91 23.60 24.31 25.04 Athletic Field Maintenance 19.61 21.37 22.02 22.68 23.36 Building Maintenance- Custodian &Laborer 17.87 19.48 20.06 20.66 21.28 Maintenance I 22.58 24.61 25.35 26.11 26.89 Maintenance II 23.4 25.51 26.27 27.06 27.87 Construction Maintenance/ Carpenter I 21.87 23.84 24.55 25.29 26.05 Construction Maintenance/ Carpenter II 22.58 24.61 25.35 26.11 26.89 Construction Maintenance/ Carpenter III 23.4 25.51 26.27 27.06 27.87 Mason 22.58 24.61 25.35 26.11 26.89 Welder 22.58 24.61 25.35 26.11 26.89 Electrician-Park 23.4 25.51 26.27 27.06 27.87 Equipment Operator II-Park 19.4 21.15 21.78 22.43 23.11 General Laborer 17.87 19.48 20.06 20.66 21.28 Mowing 20.71 22.57 23.25 23.95 24.67 Group Leader-Co Line Trail 20.71 22.57 23.25 23.95 24.67 Group Leader-Howard Park 20.71 22.57 23.25 23.95 24.67 Group Leader-Recreation 20.71 22.57 23.25 23.95 24.67 20.71 22.57 23.25 23.95 24.67 Group Leader-Street Island 20.71 22.57 23.25 23.95 24.67 Group Leader-LaSalle Park 20.71 22.57 23.25 23.95 24.67 Group Leader-Leeper 20.71 22.57 23.25 23.95 24.67 Group Leader-Plaza 20.71 22.57 23.25 23.95 24.67 Group Leader-Custodian 20.71 22.57 23.25 23.95 24.67 Head Custodian 18.65 20.33 20.94 21.57 22.21 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.13 24.12 24.85 25.59 26.36 Job Leader-Mechanic 22.13 24.13 26.30 27.09 27.90 28.74 VPA Mechanic-Garage 21.61 23.61 25.73 26.51 27.30 28.12 VPA Mechanic-Golf 21.61 23.61 25.73 26.51 27.30 28.12 Operator I 18.83 20.52 21.14 21.77 22.43 Painter IV 21.25 23.16 23.86 24.57 25.31 Plumber IV-Park 23.4 25.51 26.27 27.06 27.87 ORDINANCE No. 11168-24 Passed by the Common Council of the City of South Bend,Indiana December 9, 24 20 t(11APIlL' Attest: City Clerk Bianca L. Tirado Attest: M.10,President of Common Council Presented by me to the Mayor of the City of South Bend.Indiana December 10, 20 24 16,t/Aw l/ Bianca L. Tirado City Clerk Approved and signed by me Vtc LJ t 7` 20 24 Mayor 0 U Th 61 I-. \\ 1\j.1 4 U \ •tE i. r . `'-- •4+ / 865 ' BILL NO.68-24 ORDINANCE NO.11168-24 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AMENDING ORDINANCE NO. 11155-24, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2025,2026,2027,AND 2028,TO CORRECT THE WAGE TABLES FOR THE WATER WORKS CONSTRUCTION AND MAINTENANCE WORK GROUP AND ADJUST TIMING OF RESIDENCY INCENTIVE PAYMENT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana passed Ordinance Number 7997-89 on July 24, 1989, fixing the maximum wages and monetary fringe benefits for Teamsters Local Union No. 364 employees of the City for the calendar years 1990 through 1992. Each subsequent contract cycle, the Common Council has passed an ordinance fixing the maximum wages for Union employees, most recently on October 14, 2024 in Ordinance Number 11155-24 for calendar years 2025,2026,2027,and 2028. Subsequent to this most recent ordinance adoption,it was determined that a correction is needed to the wage tables in the Water Works Construction and Maintenance Work Group to conform the Salary Ordinance to the Collective Bargaining Agreement. This ordinance provides for the amendment of the attachment referenced in Section I(a)of Ordinance Number 11155-24. It was also determined that an adjustment in the timing of the Residency Incentive payment, as reflected in the Ordinance, was necessary to provide for payment of the Residency Incentive in December,as intended. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,Indiana,as follows: SECTION I,Ordinance No. 11155-24 is hereby amended to include the Teamster positions and maximum salaries set forth in Exhibit A attached hereto. The positions affected by this ordinance are highlighted for ease of identification. SECTION II,Section II(j)of Ordinance No. 11155-24,pertaining to the Residency Incentive,is hereby amended as follows: City Residency Incentive.Full-time employees who establish and maintain legal residence within the City of South Bend city limits, reside on a continuous, permanent basis within the South Bend city limits,and comply with all regulations and requirements described in the Employee Handbook on this topic shall be entitled to an annual monetary bonus of two thousand dollars ($2,000). This incentive will be paid out to qualifying employees once per year in December Jam.Employees must be actively employed with the City of South Bend at the time of payment on December 31'fie-preview,-year to qualify for the residency incentive payment. SECTION III,All other portions and sections of Ordinance No. 11155- 24 are unaffected by this amendment and are reconfirmed. ECTION IV, This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Shalfon`McBnde, Common Council President Attest: 2/14tAUlk"' Bianca L.Tirad , it 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 10`h day of December ,2024,at 12 o'clock p.m. LAWN jeida, Bianca L.Tirado,City Cl Office of the City Clerk Approved and signed by me on the 171" day of Yt<<l/tv ,2024,at 1 o'clock ft.m. Jam Mueller,Mayor Cit of South Bend,Indiana Title Change 3.00% <2025 Rate for Select Equip.SE Non- AddingStandard New Position Increase FTE 9.00% 3.00% 3.00% 3.00% 2024 2025 2026 2027 Position 2024 Rates Equivalent 2024 Rate Rates Rates Rates Rates Neighborhood Services Division NEAT Crew Operator 20 88 22.76 23.44 24.15 24.87 Equipment Services Division Building Maintenance 22.00 24.00 24.72 25.46 26.23 27.01 Body Repair IV 21.62 23.57 24.27 25.00 25.75 Body Repair V 22.81 24.86 25.61 26.38 27.17 General Laborer(Janitor) 20.00 21.80 22.45 23.13 23.82 Machinist IV 29.29 30.17 31.07 32.01 32.97 Machinist V 32.12 33.08 34.08 35.10 36.15 Mechanic III 27.10 27 91 28.75 29.61 30.50 Mechanic IV 29.29 30.17 31.07 32.01 32.97 Mechanic V 32.12 33.08 34.08 35.10 36.15 Parts Clerk I 20.45 22.45 23.12 23.82 24.53 25.27 Parts Clerk II 21.04 24.04 24 76 25.50 26.27 27.06 Parts Clerk III 26.04 26.82 27.63 28.45 29.31 Police Division Police Facility Operations Technician I 17.87 19.48 20.06 20.66 21.28 Police Facility Operations Technician II 19.49 21.24 21.88 22.54 23.21 Police Facility Operations Technician III 22.82 24.87 25.62 26.39 27 18 Solid Waste Division Driver 22.13 24.12 24.85 25.59 26.36 Streets& Sewers Division Street Work Group Equipment Operator I 18.83 20.52 21.14 21.77 22.43 Equipment Operator II 19.50 21.26 21.89 22.55 23.23 Equipment Operator III 20.26 22.08 22.75 23.43 24.13 Head Custodian 18.65 20.33 20.94 21.57 22.21 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.17 24.17 24.89 25.64 26.41 Traffic and Lighting Work Group Operations Technician I 19.77 21.55 22.20 22.86 23.55 Operations Technician II 20.77 22.64 23.32 24.02 24.74 Operations Technician -Job Leader 22.17 24.17 24.89 25.64 26.41 Sign Artist I 20.71 22.57 23.25 23.95 24.67 Sign Artist II 22.17 24.17 24.89 25.64 26.41 Signal Technician I 20.49 22.33 23.00 23.69 24.41 Signal Technician II 21.39 23.32 24.01 24.73 25.48 Signal Technician Ill 22.39 24.41 25.14 25.89 26.67 Signal Technician IV 23.40 25.51 26.27 27.06 27.87 Electrician 23.40 25.51 26.27 27.06 27.87 Electrician II 24.90 27.14 27.96 28.79 29.66 Sewer Work Group II Concrete Finisher 21.90 23.87 24.59 25.32 26.08 Concrete Finisher Apprentice 19.77 21.55 22.20 22.86 23.55 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.66 24.70 25.44 26.20 26.99 Operator I 18.83 20.52 21.14 21.77 22.43 Operator II 19.50 21.26 21.89 22.55 23.23 Operator III 20.26 22.08 22.75 23.43 24.13 Utilities Division Organic Resources Work Group Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.48 24.50 25.24 26.00 26.78 Wastewater Work Group II CSO Rep I 20.67 22.53 23.21 23.90 24.62 CSO Rep II 21.53 23.47 24.17 24.90 25.64 Dewater Operator 21.53 23.47 24.17 24.90 25.64 Sanitation Operator 18.79 20.48 21.10 21.73 22.38 General Laborer 17.87 19.48 20.06 20.66 21.28 Janitor 18.00 19.62 20.21 20.81 21.44 Lift Station-Rep I 21.53 23.47 24.17 24.90 25.64 Lift Station -Rep II 22.45 24.47 25.20 25.96 26.74 Maintenance Electrician I 20.28 22.11 22.77 23.45 24.15 Maintenance Electrician II 20.71 22.57 23.25 23.95 24.67 Maintenance Electrician III 22.45 24.47 25.20 25.96 26.74 Maintenance Electrician IV 23.34 25.44 26.20 26.99 27.80 Maintenance Electrician V 24.77 27.00 27.81 28.64 29.50 Maintenance Lead 25.11 27.37 28.19 29.04 29.91 Maintenance Repair I 20.67 22.53 23.21 23.90 24.62 Maintenance Repair II 21.53 23.47 24.17 24.90 25.64 Maintenance Repair III 22.45 24.47 25.20 25.96 26.74 Maintenance Repair IV 23.34 25.44 26.20 26.99 27.80 Maintenance Repair V 24.77 27.00 27.81 28.64 29.50 Operator-General 21.53 23.47 24.17 24.90 25.64 Operator-Lead 25.11 27.37 28.19 29.04 29.91 Operator-Senior 22.45 24.47 25.20 25.96 26.74 Water Works Division II Billing Account Specialist I (formerly Customer Service&Billing I) 22.64 24.68 25.42 26.18 26.97 Billing Account Specialist II (formerly Customer Service&Billing II) 23.17 25.26 26.01 26.79 27.60 Field Repairman/Inspector I 19.16 20.88 21.51 22.16 22.82 Field Repairman/Inspector II 19.90 21.69 22.34 23.01 23.70 Field Repairman/Inspector III 21.04 22.93 23.62 24.33 25.06 Field Repairman/Inspector IV 21.33 23.25 23.95 24.67 25.41 Field Repairman/Inspector V 21.59 23.53 24.24 24.97 25.72 General Laborer 17.87 19.48 20.06 20.66 21.28 Construction& Maintenance I 21.02 22.91 23.60 24.31 25.04 Construction& Maintenance II 21 80 23.76 24.47 25.21 25.97 Construction& Maintenance III 22.66 24.70 25.44 26.20 26.99 n_st c n&Main enance Lead 25.11 27.37 28.19 29.04 29.91 Machinist 21.33 23.25 23.95 24.67 25.41 Operations&Maintainence Tech I 20.62 22.48 23.15 23.84 24.56 Operations&Maintainence Tech II 21.53 23.47 24.17 24.90 25.64 Operations& Maintainence Tech III 22.45 24.47 25.20 25.96 26.74 Operations&Maintenance Tech IV 23.50 25.62 26.38 27.17 27.99 Lead Operations& Maintainence Tech 25.11 27.37 28.19 29.04 29.91 Operator I 18.83 20.52 21.14 21.77 22.43 Operator II 19.50 21.26 21.89 22.55 23.23 Venues Parks&Arts Division Arborist I 21.53 23.47 24.17 24.90 25.64 Arborist II 23.4 25.51 26.27 27.06 27.87 Arborist/Weed Control 20.71 22.57 23.25 23.95 24.67 Asst. Greens Superintendent 21.02 22.91 23.60 24.31 25.04 Athletic Field Maintenance 19.61 21.37 22.02 22.68 23.36 Building Maintenance-Custodian & Laborer 17.87 19.48 20.06 20.66 21.28 Building&Structural Maintenance I 22.58 24.61 25.35 26.11 26.89 Building&Structural Maintenance II 23.4 25.51 26.27 27.06 27.87 Construction Maintenance/Carpenter I 21.87 23.84 24.55 25.29 26.05 Construction Maintenance/Carpenter II 22.58 24.61 25.35 26.11 26.89 Construction Maintenance/Carpenter III 23.4 25.51 26.27 27.06 27 87 Construction Maintenance/Mason 22.58 24.61 25.35 26.11 26.89 Construction Maintenance/Welder 22.58 24.61 25.35 26.11 26.89 Electrician - Park 23.4 25.51 26.27 27.06 27 87 Equipment Operator II - Park 19 4 21.15 21.78 22.43 23 11 General Laborer 17 87 19.48 20.06 20.66 21.28 Group Leader- Centralized Mowing 20 71 22.57 23.25 23.95 24.67 Group Leader-Co Line Trail 20.71 22.57 23.25 23.95 24.67 Group Leader- Howard Park 20 71 22.57 23.25 23.95 24.67 Group Leader- Recreation 20 71 22.57 23.25 23.95 24.67 Group Leader- Rum Village 20.71 22.57 23.25 23.95 24.67 Group Leader- Street Island 20.71 22.57 23.25 23.95 24.67 Group Leader- LaSalle Park 20 71 22.57 23.25 23.95 24.67 Group Leader- Leeper 20 71 22.57 23.25 23.95 24.67 Group Leader- Plaza 20 71 22.57 23.25 23.95 24.67 Group Leader- Custodian 20.71 22.57 23.25 23.95 24.67 Head Custodian 18 65 20.33 20 94 21.57 22.21 Heavy Equipment Operator I 21 02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21 53 23.47 24 17 24.90 25.64 Job Leader 22 13 24.12 24.85 25.59 26 36 Job Leader- Mechanic 22 13 24.13 26.30 27 09 27.90 28.74 VPA Mechanic-Garage 21.61 23.61 25.73 26.51 27.30 28.12 VPA Mechanic-Golf 21.61 23.61 25.73 26 51 27.30 28 12 Operator I 18 83 20.52 21 14 21.77 22.43 Painter IV 21.25 23.16 23.86 24.57 25 31 Plumber IV- Park 23.4 25 51 26.27 27 06 27 87 ORDINANCE No. 11185-25 Passed by the Common Council of the City of South Bend,Indiana March 10, 20 25 Attest: tLlWwr d• JAA41,10 City Clerk Bianca L. Tirado Attest: / President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana March 11, 20 25 SA41411/4 G4441/V City Clerk Bianca L. Tirado Approved and signed by me 14t. °l.% I G 20 25 Iiii/ Mayor pUTlid 1. S,\`. s% .ai1 16 E 5 BILL NO.11-25 ORDINANCE NO. 11185-25 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,AMENDING ORDINANCE NO.11155-24, WHICH FIXED MAXIMUM WAGES OF TEAMSTER EMPLOYEES FOR CALENDAR YEAR 2025,2026,2027,AND 2028,TO ADD A FULL-TIME EMPLOYEE TO ONE EXISTING POSITION STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana passed Ordinance Number 7997-89 on July 24, 1989, fixing the maximum wages and monetary fringe benefits for Teamsters Local Union No. 364 employees of the City for the calendar years 1990 through 1992. Each subsequent contract cycle, the Common Council has passed an ordinance fixing the maximum wages for Union employees, most recently on October 14, 2024 in Ordinance Number 11155-24 for calendar years 2025,2026,2027,and 2028. Subsequent to this most recent ordinance adoption,the City's executive has determined that it is appropriate and necessary to amend the list of positions approved in Ordinance Number 11155-24 to add a full-time employee to the Building Maintenance position in the Central Services Building Maintenance division.This ordinance provides for the amendment of the attachment referenced in Section 1(a)of Ordinance Number 1 1 155-24. This Ordinance is in the best interest of the City and the affected Teamster employees. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,Indiana,as follows: SECTION I. Ordinance No. 11155-24 is hereby amended to include the Teamster positions and maximum salaries set forth in Exhibit A attached hereto. The positions affected by this ordinance are highlighted for ease of identification. SECTION II,All other portions and sections of Ordinance No. 11155-24 are unaffected by this amendment and are reconfirmed. SECTION HI, This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Canneth Lee, Common Council President Attest: Bianca L.Tirado,(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 11`h day of March ,2025,at 12 o'clock p.m. Lak& d 4JAI9 Bianca L.Tirado,City Clerk Office of the City Clerk Approved and signed by me on the I v day of ) ` A. 1.1 ,2025,at o'clock m. J Mueller,Mayor of South Bend,Indiana Title Change 3.00% <2025 Rate for Select Equip.SE None fi° :3 Standard wi New Position Increase 9.00% 3.00% 3.00% 3.00% 2024 2025 2026 2027 Position 2024 Rates Equivalent 2024 Rate Rates Rates Rates Rates Neighborhood Services Division NEAT Crew Operator 20.88 22.76 23.44 24.15 24.87 Equipment Services Division Body Repair IV 21.62 23.57 24.27 25.00 25.75 Body Repair V 22.81 24.86 25.61 26.38 27.17 General Laborer(Janitor) 20.00 21.80 22.45 23.13 23.82 Machinist IV 29.29 30.17 31.07 32.01 32.97 Machinist V 32.12 33.08 34.08 35.10 36.15 Mechanic III 27.10 27.91 28.75 29.61 30.50 Mechanic IV 29.29 30.17 31.07 32.01 32.97 Mechanic V 32.12 33.08 34.08 35.10 36.15 Parts Clerk I 20.45 22.45 23.12 23.82 24.53 25.27 Parts Clerk II 21.04 24.04 24.76 25.50 26.27 27.06 Parts Clerk III 26.04 26.82 27.63 28.45 29.31 Police Division Police Facility Operations Technician I 17.87 19.48 20.06 20.66 21.28 Police Facility Operations Technician II 19.49 21.24 21.88 22.54 23.21 Police Facility Operations Technician III 22.82 24.87 25.62 26.39 27.18 Solid Waste Division Driver 22.13 24.12 24.85 25.59 26.36 Streets & Sewers Division Street Work Group Equipment Operator I 18.83 20.52 21.14 21.77 22.43 Equipment Operator II 19.50 21.26 21.89 22.55 23.23 Equipment Operator III 20.26 22.08 22.75 23.43 24.13 Head Custodian 18.65 20.33 20.94 21.57 22.21 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.17 24.17 24.89 25.64 26.41 Traffic and Lighting Work Group Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Operations Technician I 19.77 21.55 22.20 22.86 23.55 Operations Technician II 20.77 22.64 23.32 24.02 24.74 Operations Technician-Job Leader 22.17 24.17 24.89 25.64 26.41 Sign Artist I 20.71 22.57 23.25 23.95 24.67 Sign Artist II 22.17 24.17 24.89 25.64 26.41 Signal Technician I 20.49 22.33 23.00 23.69 24.41 Signal Technician II 21.39 23.32 24.01 24.73 25.48 Signal Technician III 22.39 24.41 25.14 25.89 26.67 Signal Technician IV 23.40 25.51 26.27 27.06 27.87 Electrician 23.40 25.51 26.27 27.06 27.87 Electrician II 24.90 27.14 27.96 28.79 29.66 Sewer Work Group Concrete Finisher 21.90 23.87 24.59 25.32 26.08 Concrete Finisher Apprentice 19.77 21.55 22.20 22.86 23.55 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.66 24.70 25.44 26.20 26.99 Operator I 18.83 20.52 21.14 21.77 22.43 Operator II 19.50 21.26 21.89 22.55 23.23 Operator III 20.26 22.08 22.75 23.43 24.13 Utilities Division Organic Resources Work Group Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.48 24.50 25.24 26.00 26.78 Wastewater Work Group CSO Rep I 20.67 22.53 23.21 23.90 24.62 CSO Rep II 21.53 23.47 24.17 24.90 25.64 Dewater Operator 21.53 23.47 24.17 24.90 25.64 Sanitation Operator 18.79 20.48 21.10 21.73 22.38 General Laborer 17.87 19.48 20.06 20.66 21.28 Janitor 18.00 19.62 20.21 20.81 21.44 Lift Station- Rep I 21.53 23.47 24.17 24.90 25.64 Lift Station- Rep II 22.45 24.47 25.20 25.96 26.74 Maintenance Electrician I 20.28 22.11 22.77 23.45 24.15 Maintenance Electrician II 20.71 22.57 23.25 23.95 24.67 Maintenance Electrician III 22.45 24.47 25.20 25.96 26.74 Maintenance Electrician IV 23.34 25.44 26.20 26.99 27.80 Maintenance Electrician V 24.77 27.00 27.81 28.64 29.50 Maintenance Lead 25.11 27.37 28.19 29.04 29.91 Maintenance Repair I 20.67 22.53 23.21 23.90 24.62 Maintenance Repair II 21.53 23.47 24.17 24.90 25.64 Maintenance Repair III 22.45 24.47 25.20 25.96 26.74 Maintenance Repair IV 23.34 25.44 26.20 26.99 27.80 Maintenance Repair V 24.77 27.00 27.81 28.64 29.50 Operator- General 21.53 23.47 24.17 24.90 25.64 Operator- Lead 25.11 27.37 28.19 29.04 29.91 Operator- Senior 22.45 24.47 25.20 25.96 26.74 Water Works Division Billing Account Specialist I (formerly Customer Service& Billing I)22.64 24.68 25.42 26.18 26.97 Billing Account Specialist II (formerly Customer Service& Billing II) 23.17 25.26 26.01 26.79 27.60 Field Repairman/Inspector I 19.16 20.88 21.51 22.16 22.82 Field Repairman/Inspector II 19.90 21.69 22.34 23.01 23.70 Field Repairman/ Inspector III 21.04 22.93 23.62 24.33 25.06 Field Repairman/Inspector IV 21.33 23.25 23.95 24.67 25.41 Field Repairman/Inspector V 21.59 23.53 24.24 24.97 25.72 General Laborer 17.87 19.48 20.06 20.66 21.28 Construction & Maintenance I 21.02 22.91 23.60 24.31 25.04 Construction & Maintenance II 21.80 23.76 24.47 25.21 25.97 Construction & Maintenance III 22.66 24.70 25.44 26.20 26.99 Construction &Maintenance Lead 25.11 27.37 28.19 29.04 29.91 Machinist 21.33 23.25 23.95 24.67 25.41 Operations& Maintainence Tech I 20.62 22.48 23.15 23.84 24.56 Operations & Maintainence Tech II 21.53 23.47 24.17 24.90 25.64 Operations & Maintainence Tech III 22.45 24.47 25.20 25.96 26.74 Operations & Maintenance Tech IV 23.50 25.62 26.38 27.17 27.99 Lead Operations & Maintainence Tech 25.11 27.37 28.19 29.04 29.91 Operator I 18.83 20.52 21.14 21.77 22.43 Operator II 19.50 21.26 21.89 22.55 23.23 Venues Parks&Arts Division Arborist I 21.53 23.47 24.17 24.90 25.64 Arborist II 23.4 25.51 26.27 27.06 27.87 Arborist/Weed Control 20.71 22.57 23.25 23.95 24.67 Asst. Greens Superintendent 21.02 22.91 23.60 24.31 25.04 Athletic Field Maintenance 19.61 21.37 22.02 22.68 23.36 Building Maintenance- Custodian& Laborer 17.87 19.48 20.06 20.66 21.28 Building &Structural Maintenance I 22.58 24.61 25.35 26.11 26.89 Building&Structural Maintenance II 23.4 25.51 26.27 27.06 27.87 Construction Maintenance/Carpenter I 21.87 23.84 24.55 25.29 26.05 Construction Maintenance/Carpenter II 22.58 24.61 25.35 26.11 26.89 Construction Maintenance/Carpenter III 23.4 25.51 26.27 27.06 27.87 Construction Maintenance/Mason 22.58 24.61 25.35 26.11 26.89 Construction Maintenance/Welder 22.58 24.61 25.35 26.11 26.89 Electrician- Park 23.4 25.51 26.27 27.06 27.87 Equipment Operator II - Park 19.4 21.15 21.78 22.43 23.11 General Laborer 17.87 19.48 20.06 20.66 21.28 Group Leader- Centralized Mowing 20.71 22.57 23.25 23.95 24.67 Group Leader-Co Line Trail 20.71 22.57 23.25 23.95 24.67 Group Leader- Howard Park 20.71 22.57 23.25 23.95 24.67 Group Leader- Recreation 20.71 22.57 23.25 23.95 24.67 Group Leader- Rum Village 20.71 22.57 23.25 23.95 24.67 Group Leader-Street Island 20.71 22.57 23.25 23.95 24.67 Group Leader- LaSalle Park 20.71 22.57 23.25 23.95 24.67 Group Leader- Leeper 20.71 22.57 23.25 23.95 24.67 Group Leader- Plaza 20.71 22.57 23.25 23.95 24.67 Group Leader-Custodian 20.71 22.57 23.25 23.95 24.67 Head Custodian 18.65 20.33 20.94 21.57 22.21 Heavy Equipment Operator I 21.02 22.91 23.60 24.31 25.04 Heavy Equipment Operator II 21.53 23.47 24.17 24.90 25.64 Job Leader 22.13 24.12 24.85 25.59 26.36 Job Leader- Mechanic 22.13 24.13 26.30 27.09 27.90 28.74 VPA Mechanic-Garage 21.61 23.61 25.73 26.51 27.30 28.12 VPA Mechanic-Golf 21.61 23.61 25.73 26.51 27.30 28.12 Operator I 18.83 20.52 21.14 21.77 22.43 Painter IV 21.25 23.16 23.86 24.57 25.31 Plumber IV- Park 23.4 25.51 26.27 27.06 27.87 1200N COUNTY-CITY 8UlLDING 227 W. JEFFERSON BLVD. So TH BEND. [NDI N. 46601-1 30 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR PHO E 574.235.9216 FAX 574.'.n5.9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 17, 2025 Mr. Canneth Lee President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: 2026 Non-Bargaining Salary Ordinance Dear President Lee: Filed in Clerk's Office Sep 16, 2025 Bianca Tirado Cit Clerk . nuth Bend. IN Attached is an ordinance setting maximum compensation for non-bargaining employees for the calendar year 2026. This ordinance proposes a standard increase of 3.0% for non-bargaining employees in 2026. The ordinance also adds and changes certain position htles and makes certain adjustments to the maximum compensation for specific positions, as discussed during the 2026 Budget hearings. It should be noted that the exhibits will be forthcoming in a substitute ordinance. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on September 22, 2025, with 2nd reading, public hearing and 3rd reading scheduled for October 13, 2025. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Kyle Willis City Controller BILL NO. 60-25 Filed in Clerk's Office BILL NO. 60-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-4-7-3, this Ordinance sets forth the maximum compensation to be paid to non-bargaining personnel employed by the City of South Bend in executive departments for the calendar year 2026. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title. The budgeted or actual compensation paid to a City employee in each position may be less than the maximum amounts set forth herein but may not exceed those amounts. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for the City of South Bend, Indiana are hereby established as set forth in the attachment, which is incorporated herein by reference. City employees are paid on a bi-weekly basis. Amounts by alphabetical position are set forth, as well as the maximum compensation for each position. SECTION II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated by Reference a) Holidays. Holidays designated by the Board of Public Works pursuant to Section 2-120 of the South Bend Municipal Code shall govern non-bargaining employees for the calendar year 2026. The provisions of the City's Employee Handbook as it may be amended from time to time shall apply and are incorporated herein by reference. b) Vacations. Vacation for non-bargaining employees shall be as set forth in the City's Employee Handbook as it may be amended from time to time, incorporated herein by reference. c) Family Leave. The Family and Medical Leave Act Policy is, hereby, incorporated herein by reference in its entirety. d) Parental Leave. Parental leave will be offered to all eligible full-time employees in accordance with the policy set forth in the City Employee Handbook, as it may be amended from time to time, which is incorporated herein by reference. e) Insurance. 1) Comprehensive Major Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program in which, subject to Section III herein, non-bargaining employees regularly scheduled to work 30 hours or more per week may participate under the rules and guidelines of the plan document. All employees are provided access to a copy of a plan document each year. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the City's Employee Handbook, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty($130)per month($65 bi-weekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program,provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred and thirty dollar ($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount 1 x annual salary rounded up to the nearest $1,000 for each benefit eligible employee except for sworn firefighters, sworn police officers, and members of the Teamsters, which are as provided in their collective bargaining agreements. 5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty (30) days and that the long-term disability program requires a minimum ninety (90) day eligibility period which must be met. f) Hiring Bonus. The Mayor, may, at his/her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred($100) to four thousand dollars ($4,000). g) City Residency Incentive. Full-time employees who establish and maintain legal residence within the City of South Bend city limits, reside on a continuous,permanent basis within the South Bend city limits, and comply with all regulations and requirements described in the Employee Handbook on this topic shall be entitled to an annual monetary bonus of two thousand dollars ($2,000). This incentive will be paid out to qualifying employees once per year in December. Employees must be actively employed with the City of South Bend at the time of payment to qualify for the residency incentive. h) Allowances. 1) Auto Allowances. At the Mayor's discretion an auto allowance may be offered to city employees in lieu of a City issued car. The allowance may range from one ($1) to five hundred dollars ($500) dollars per month. 2) Cell Phone Allowance. At the Mayor's discretion an allowance for the business portion of an employee's cell phone may be provided to those employees whose position and job responsibilities require the ability to communicate outside of city premises or after normal city working hours. The allowance shall not exceed one hundred dollars ($100) per month. i) Early Retirement Incentives. The Mayor shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the Mayor and Controller and is subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions. The Mayor shall have discretion to offer such early retirement incentive program, pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. j) Certification Bonus for EMS Bitters. At the discretion of the Mayor, City employees working in the EMS billing division may receive an incentive payment not to exceed seven hundred and fifty dollars ($750) annually if the employee achieves and maintains in good standing the appropriate certification for EMS billing. k) Other Monetary Fringe Benefits. All other fringe benefits shall be set forth in the City's Employee Handbook as it may be amended from time to time. Employees must be actively employed with the City of South Bend at time of payment to qualify. SECTION III. Employee Definitions a) Full-Time Employee. Full-time employees are those employees who are regularly scheduled to work forty (40) hours per week, or a reduced full-time schedule of thirty (30) hours or more per week as approved by the Mayor on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms, conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act (the Act) as amended, the definition of full- time employee shall be the equivalent of that which is provided in the Act, and this Section shall not be construed to be in conflict with the Act. b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Act, but who do not meet the City's definition of full- time employee under subpart (a) of this Section, and who are scheduled to work less than the City of South Bend's full-time schedule, not to equal or exceed one thousand five hundred sixty (1,560) hours per year. While they do receive certain mandated benefits(such as worker's compensation, social security benefits, and for some, health care under the Act),they are not eligible for other City benefit programs with the exception of the positions listed below: All elected Council members are eligible for participation in all of the Employer's Benefit Programs. SECTION IV. City's Employee Handbook Availability Two (2) copies of the City's Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County- City Building, South Bend, Indiana. SECTION V. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. 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 1200N Co TY-CITY BUILDING 227 W. JEFFERSON BLVD. So urn BEND, INDIANA 4660 I-I 830 CITY OF SOUTH BEND. IN JAMES MUELLER, MAYOR PHONE 574.235.9216 FAX 574.235.9928 DEPARTMENT OF ADMINISTRATION AND FINANCE September 16, 2025 Mr. Canneth Lee President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Mayor's Salary Ordinance Dear President Lee: Filed in Clerk's Office Sep 16, 2025 lfo1m:a l"irado City Ck:rk South Bend. IN Attached is an ordinance setting the Mayor's salary for the calendar year 2026. Under Indiana law, LC. 36-4-7- 2(c), the Mayor's salary may not be reduced from the prior year's amount. This ordinance proposes an increase for the Mayor's salary to be commensurate with the proposed increase for non-bargaining employees in 2026. I will present this bill to the Common CounciJ at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on September 22, 2025, with 2nd reading, public hearing and 3rd reading scheduled for October 13, 2025. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Kyle Willis City Controller BILL NO. 61-25 Filed in Clerk's Office BILL NO. 61-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE MAYOR FOR CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-4-7-2,the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for Mayor of the City of South Bend in calendar year 2026. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The annual compensation for the Mayor of the City of South Bend in calendar year 2026 shall be and hereby is established as follows: 2025 2026 126,681 130,481 SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. 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 * * * * * Ca1111cth Lee Preside11l Rachel Tomas Mor/,\'all \'ice President Troy \Varner Chairperson, Cornmillee ol'Ll1e \Vholc Culllcth Lee First District Ophelia Gooden-Rodgers Second District Sharon L. McBride Third District Troy \\'arner Fourth Di'itricl Sherry Boldc11-Simp�on Firth District Sheila Niczgoclski Sixth District Dr. Oli,u Da,·is .'\t Large Rachel Tomas Morg,u1 i\t Large Karen L. \\'liitc i\t I ,ilr/,\'e City of South Bend Common Council 11. I Cou11ly-City Building• '2'27 W. Jefferso11 Bl HI South Bcnd, I11dia11a Ui(iO I Filed in Clerk's Office September 17, 2025 South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 ' 1 ·7 'lr\' h I l � Bianca Tirado City Clerk, South Bend, IN Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2026 Dear Council Members: I am attaching the proposed Common Council Salary Ordinance for filing. As you know, this ordinance is a part of the City budget which must be approved before November 1, 2025. This ordinance proposes a 3% increase in Council members' salary from $21,960 to $22,619. This increase is in line with proposed increases for many other City employees. In order to comply with the necessary three readings and public hearing, I ask that this be scheduled for first reading on September 22, 2025, and assigned to the Personnel and Finance Committee for second reading, followed by third reading and public hearing at the full Council meeting on October 13, 2025 . Thank you for your consideration. Canneth Lee, President, South Bend Common Council (.i7 I-) 2:-l.Vla'.21 • Fax (.i7 I) 2:·l.i-917�3 • TDD (.>71,) 2:-l.i-.,.>(i7 • http://1rnw.southbc11di11.g0Y BILL NO. 62-25 Filed in Clerk's Office BILL NO. 62-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE COMMON COUNCIL MEMBERS FOR CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-4-7-2,the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for each member of the nine-member South Bend Common Council. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for each member of the Common Council of the City of South Bend in calendar year 2026 shall be and hereby is established as follows: 2025 2026 22,619 23,298 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. 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 2026 Salary Fd-Dp-Dv-Sub Subdivision Position 2025 Salary Cap Estimated%Increase Cap 101-03-030-030 Common Council EL-City Council 22,619 3.00% 23,298 Filed in Clerk's Office I7 Bianca Tirado City Clerk, South Bend, IN OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK September 17, 2025 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: Proposed 2026 City Clerk's Salary Ordinance Dear Council Members, Filed in Clerk's Office , 1 : 2 5 Bianca Tirado City Clerk, South Bend, IN Submitted for your consideration is the ordinance that sets the sal ary for the South Bend City Clerk for the 2026 calendar year. This ordinance provides for a 3% increase in the City Clerk's salary from 2025. I will present this bill to the Common Council at the appropriate committee and council meeting. It is requested that this bill be filed for 1 st reading on September 22, 2025 with 2ndreading, public hearing, and 3 rd reading scheduled for October 13, 2025. Please don't hesitate to let me know if you have any questions or require further information. Thank you for your consideration. Respectfully, 1?�1-� iG.�ca L. Tirado, City Clerk Office of the City Clerk Attachment CC: Office of the City Clerk INTEGRITY I SERVICE I ACCESSIBILITY Jasmine Jackson Mallhew Neal 0-nEF DEPlITY OTY WRK / 0-nEF OF STAFF DEPlITY OTY QERK / DIRECTOR OF POLICY M,u-g;1rel Colsch DIRECTOR OF SPEGAL PROJECTS EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 46601 Ip. 574.235.92211 f. 574.235.91731 www.southbendin.gov BILL NO. 63-25 Filed in Clerk's Office BILL NO. 63-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY FOR THE SOUTH BEND CITY CLERK FOR CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36-4-7-2,the City's legislative body is required to fix the annual compensation of all elected officers. Such compensation may "not be changed in the year for which it is fixed, nor may it be reduced below the amount fixed for the previous year." The following Ordinance establishes the annual compensation for the City Clerk of the City of South Bend in calendar year 2026. The City Clerk serves as the clerk to the legislative body pursuant to Indiana Code § 36-4-6-9 and is required to preserve the legislative body's record and proceedings. The City Clerk is also charged with keeping the City Seal, administering official oaths, attending all regular and special meetings of the Common Council, and performing other duties as may be required by the legislative body. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The annual compensation for the City Clerk of the City of South Bend in calendar year 2026 shall be and hereby is established as follows: 2025 2026 82,618 85,097 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and any publication required by law. 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 2026 Salary Fd-Dp-Dv-Sub Subdivision Position 2025 Salary Cap Estimated%Increase Cap 101-02-020-020 City Clerk NB-FT-Deputy City Clerk 60,159 3.00% 61,964 101-02-020-020 City Clerk EL-City Clerk 82,618 3.00% 85,097 101-02-020-020 City Clerk NB-FT-Chief Deputy City Clerk 76,163 3.00% 78,448 101-02-020-020 City Clerk NB-FT-Executive Asst/Dir Sp Prj-Clerk 48,765 3.00% 50,228 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN OFFICE OF rfHE CITY CLERK BIANCA L. TIRADO, CITY CLERK September 17, 2025 The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 4660 I Re: Proposed 2026 City Clerk Staff Non-Bargaining Salary Ordinance Dear Council Members, Filed in Clerk's Office 1 7 'j r:I • J Bianca Tirado City Clerk, South Bend, IN Attached is an ordinance setting the maximum salary and wages of deputies and non-bargaining employees of the City Clerk's Office for the 2026 calendar year. I will present this bill to the Common Council at the appropriate committee and council meeting. It is requested that this bill be filed for I st reading on September 22, 2025 with 2 nd reading, public hearing, and 3rd reading scheduled for October 13, 2025. Please don't hesitate to let me know if you have any questions or require further information. Thank you for your consideration. Respectfully, fJ�l� Bianca L. Tirado, City Clerk Office of the City Clerk CC: Office of the City Clerk INTEGRITY I SERVICE I ACCESSIBILITY Jasmine Jackson Matlhcll' Neal Qnu DEP1.JIYO1YQERK I Qnu OF STAFF DEPVTY O1Y QERK / DIRECTOR OF POLICY M;uJ;;u·et Gotsch DIRECTOR OF SPEGAL PROJECTS EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W. Jefferson Blvd. I South Bend, Indiana 46601 Ip. 574.235.92211 f. 574235.91731 www.southbendin.gov BILL NO. 64-25 Filed in Clerk's Office BILL NO. 64-25 Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF DEPUTIES AND NON-BARGAINING EMPLOYEES APPOINTED BY THE CITY CLERK OF THE CITY OF SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code§36-4-7-3(d),this Ordinance sets forth the maximum compensation to be paid to deputies and non-bargaining personnel appointed by the City Clerk of the City of South Bend for the calendar year 2026. This Ordinance establishes such compensation for all non-bargaining employees by specific position and title.The budgeted or actual compensation paid to a City employee in each position may be less than the maximum amounts set forth herein but may not exceed those amounts. This Ordinance is in the best interest of the City and the affected non-bargaining employees. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Maximum Compensation The maximum amounts to be paid as compensation for non-bargaining employees for deputies and non-bargaining personnel appointed by the City Clerk of the City of South Bend are hereby established as set forth in the attachment, which is incorporated herein by reference. As City employees,these personnel are paid on a bi-weekly basis.Amounts by alphabetical position are set forth, as well as the maximum compensation for each position. Section IL Holidays,Vacations and Other Monetary and Fringe Benefits Incorporated by Reference a) Holidays. Holidays designated by the Board of Public Works shall govern non- bargaining employees for the calendar year 2026. The provisions of the City's Employee Handbook as it may be amended from time to time shall apply and are incorporated herein by reference. b) Vacations.Vacation for non-bargaining employees shall be as set forth in the City's Employee Handbook as it may be amended from time to time,incorporated herein by reference. c) Family Leave. The Family and Medical Leave Act Policy is,hereby, incorporated herein by reference in its entirety. d) Parental Leave. Parental leave will be offered to all eligible full-time employees in accordance with the policy adopted by the administration effective January 1,2020. This policy may be amended from time to time and will be incorporated into the City's Employee Handbook. e) Insurance. 1) Comprehensive Major Medical Insurance Program. The City shall maintain a comprehensive major medical insurance program in which, subject to Section III herein,non-bargaining employees regularly scheduled to work 30 hours or more per week may participate under the rules and guidelines of the plan document. All employees are provided with access to a copy of a plan document each year. 2) Short and Long-Term Disability. Short and Long-Term Disability shall be as set forth in the City's Employee Handbook, as it may be amended from time to time, which is incorporated herein by reference. 3) Payment for Election to Leave Employer's Comprehensive Major Medical Insurance Program. The City shall pay one hundred and thirty 130)per month($65 bi-weekly) to any Employee who elects to leave the City's comprehensive major medical insurance program to be covered by another program for which the City makes no contribution. This election shall not be mandatory, and the Employee who made such election may return to the City's comprehensive major medical Insurance Program, provided that the conditions are a Qualifying Life Event or Open Enrollment of the City's Comprehensive Major Medical Insurance Program, and the contributions specified herein are made, but in such event said Employee shall forfeit the one hundred- and thirty-dollar ($130) payment per month thereafter. 4) Life Insurance. The City shall provide term life insurance coverage in an amount 1 x annual salary rounded up to the nearest $1,000 for each benefit eligible employee except for Police and Fire which are at set forth in the collective bargaining agreement. Such insurance shall become effective upon the award of a group life insurance bid by the Board of Public Works, or upon the beginning of the plan year, whichever is later. 5) Benefit Waiting Period. The City notes that life insurance and comprehensive major Medical Insurance programs require a minimum eligibility period of thirty (30) days; and that the long-term disability program requires a minimum ninety(90)day eligibility period which must be met. f) Hiring Bonus. The City Clerk may, at his/her discretion, offer a Hiring Bonus to a new employee as an incentive for the employee to accept the position offered. This Bonus will be paid to the employee in addition to the salary set forth in the Salary Ordinance. The range of these monetary bonuses will be from one hundred($100)to four thousand dollars ($4,000). g) Early Retirement Incentives. The City Clerk shall have discretion to offer an early retirement incentive program that may take the form of a bonus upon retirement for years of service or assistance with health insurance for a retiree who is not Medicare eligible. Such assistance shall not exceed one (1) year. Any such bonus or assistance must be approved by the City Clerk and Controller and is subject to appropriation by the Common Council before any such bonus or assistance may be paid. I.C. 5-10.2-3-1.2 permits employers to purchase one year for every five years of service for employees in PERF covered positions under certain conditions.The City Clerk shall have discretion to offer such early retirement incentive program,pursuant to statute, after consultation with the Controller and after appropriation by the Common Council. h) Other Monetary Fringe Benefits. All other fringe benefits shall be as set forth in the City's Employee Handbook as it may be amended from time to time. Section III. Employee Definitions a) Full-Time Employee. Full-time employees are those employees who are regularly scheduled to work forty(40)hours per week,or a reduced full-time schedule of thirty 30) hours or more per week as approved by the City Clerk on a voluntary basis. Such employees are eligible for the Employer's Benefits Package subject to the terms, conditions and limitations of each benefit program. However, solely for purposes of qualification for health care benefits under the federal Patient Protection and Affordable Care Act(the Act)as amended,the definition of full-time employee shall be the equivalent of that which is provided in the Act,and this Section shall not be construed to be in conflict with the Act. b) Part-Time Employee. Part-time employees are those employees who are not assigned to a full-time status as defined by the City including those who qualify for health care benefits under the Act,but who do not meet the City's definition of full- time employee under subpart(a)of this Section,and who are scheduled to work less than the City of South Bend's full-time schedule, not to equal or exceed one thousand five hundred sixty (1,560) hours per year. While they do receive certain mandated benefits(such as worker's compensation,social security benefits, and for some,health care under the Act),they are not eligible for other City benefit programs with the exception of the positions listed below: All Attorneys employed in the City's Legal Department in part-time positions as well as all elected Council members are eligible for participation in all of the Employer's Benefit Programs. Section IV. City's Employee Handbook Availability Two(2)copies of the City's Employee Handbook shall be kept on file and made available for public inspection during regular hours in the office of the City Clerk on the 4th Floor of the County-City Building, South Bend, Indiana. Section v. Effective Date This Ordinance shall be in full force and effect from and after its passage by the Common Council and approved by the Mayor. 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 2026 Salary Fd-Dp-Dv-Sub Subdivision Position 2025 Salary Cap Estimated%Increase Cap 101-02-020-020 City Clerk NB-FT-Deputy City Clerk 60,159 3.00% 61,964 101-02-020-020 City Clerk EL-City Clerk 82,618 3.00% 85,097 101-02-020-020 City Clerk NB-FT-Chief Deputy City Clerk 76,163 3.00% 78,448 101-02-020-020 City Clerk NB-FT-Executive Asst/Dir Sp Prj-Clerk 48,765 3.00% 50,228 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN City of South Bend BOARD OF ZONING APPEALS September 17, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception and Use Variance at 628 Western Ave Dear Committee Chair Dr. Davis: Filed in Clerk's Office 1 . ') - ' L Bianca Tirado City Clerk, South Bend, IN Enclosed are Ordinances for the proposed Special Exception and Use Variance at the above referenced location. Please include the attached Ordinances on the Council agenda for first reading at your September 22, 2025, Council meeting and set it for public hearing at your October 13, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the October 6, 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: This petition is for a property that is being developed as part of a large-scale, mixed-use redevelopment project. The plan for this property is to build two-and three-story walk-up apartment buildings, as well as a taller elevator apartment building that will also contain a daycare and potential retail space. 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, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning BILL NO. 65-25 Filed in Clerk's Office BILL NO. 65-25 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 628 WESTERN AVE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT This petition is for a property that is being developed as part of a large-scale, mixed-use redevelopment project. The plan for this property is to build two and three story walk-up apartment buildings, as well as a taller elevator apartment building that will also contain a daycare and potential retail space. 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: 628 WESTERN AVE. 018-3049-1859 In order to permit Day Care Center(21-06.01(k)(10)), and requesting that a Use Variance be granted for this property: In order to allow Retail and Service, General (21-06.01(k)(16)) in U3 Urban Neighborhood 3 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. As to the Use Variance, The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; 2. The use and value of the area adjacent to the lot included in the variance will not be affected in a substantially adverse manner; 3. The strict application of the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the lot for which the variance is sought; and 4. The approval does not interfere substantially with the Comprehensive Plan. SECTION V. 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 VI. 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. 2 - 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 3 - City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-11-426-001.000-026 Address: 628 Western Avenue, South Bend, IN 46601 Owner: Housing Authority of South Bend Zoning: U3 Urban Neighborhood 3 Project Summary: Housing Authority of South Bend South Site (Western, Taylor, South, and Scott) Redevelopment of the northern portion of site into mixed income development with approximately 160 apartments in walk-up and elevator buildings. See site plan. Requested Action 0 Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Day Care or Retail (at corner of Western and Taylor) Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1. From 15' maximum residential front yard setback to 130' along the south side of a new proposed east-west street through the property, to allow for the development of a new privately developed park for residents within that setback. 2. From 15' maximum front yard setback to 20'. 3. From 120' maximum building length to 290'. 4. From 4 stories and 55' maximum to 5 stories and 60' maximum. This would only apply to the new building at the southwest corner of the intersection of Western and Taylor. Other buildings within the site would conform to the 4 story 55' maximum. Filed in Clerk's Office 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 approval of the Special Exception should not be injurious to the general welfare of the community. The request to allow a Day Care Center is in line with the vision of the Downtown South Bend Master Plan as well as community feedback. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: A Day Care Center would be a positive amenity for families within the development and in the surrounding neighborhoods. This should not detrimentally affect surrounding properties. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The development area is adjacent to a variety of building uses, and a Day Care Center is appropriate for a mixed-use neighborhood near downtown. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Community engagement through plan studies and charrettes have identified a Day Care Center as a desire of neighbors in the plan area. 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: The approval of the variances should not be injurious to the general welfare of the community. The variances are in line with the vision for site as described in the draft Downtown South Bend Master Plan and will enable the development of the site as a mixed-income neighborhood with a variety of building sizes and amenities. 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: The surrounding properties vary extensively in their use and scale. The proposed variances reflect this, and will enable the development of a site that is currently vacant or under demolition orders. The new development would have a maximum of 5 stories, while the existing building to be demolished has 6 stories. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Existing minimum setbacks would not allow responsiveness to existing conditions and would prevent the creation of a new park. The existing maximum building length would prevent a longer residential building at the corner of Taylor and Western and the addition of another story allows for a larger building to match nearby development and address a prominent street with higher density. Retail is also prevented by U3, but would be an asset along Western. 4)The variance granted is the minimum necessary, because: The variances requested will allow for the successful and contextually responsive development of the site for a variety of incomes and family sizes, and are in line with the proposed vision for the site as described in the draft Downtown South Bend Master Plan. The changes requested via variances are the minimums necessary to develop the site based on this vision and the specific challenges of developing mixed-income and mixed-density projects. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The current owner of the site is the Housing Authority of South Bend, and the existing lot for this section of the project is vacant or under demolition order. Contact Information Property owner(s) of the petition site: Name: Housing Authority of South Bend Address: 501 Alonzo Watson Dr. South Bend, IN 46601 Name: Address: Name: Address: Contact Person: Name: Samuel Lima Address: 1126 Lincolnway East South Bend, IN 46601 Phone Number: 574-288-2654 slima@kilarchitecture.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) olaiafix . LEGAL DESCRIPTION (PER TITLE COMMITMENT#NCS-1139238-STLO): PARCEL 1: THE EAST HALF (1/2)OF THE SOUTH HALF(1/2)OF THE SOUTH HALF(1/2) OF LOT NUMBERED FIFTY-SEVEN (57) SHOWN ON THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 2: A PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING IN THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)AT A POINT ONE HUNDRED THREE AND SEVEN TENTHS (103.7) FEET WEST OF THE NORTH EAST CORNER OF SAID BANK OUT LOT FIFTY-EIGHT(58) RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF ONE HUNDRED SEVENTEEN AND SEVEN TENTHS (117.7) FEET;THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF FIFTY-EIGHT(58) FEET; THENCE EAST ONE HUNDRED SEVENTEEN AND SEVEN TENTHS (117.7) FEET;THENCE NORTH FIFTY-EIGHT(58) FEET TO THE POINT OF BEGINNING;TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR PRIVATE DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED STRIP OF LAND, TO-WIT: BEGINNING AT THE NORTHEAST CORNER OF SAID BANK OUT LOT FIFTY-EIGHT(58), RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF TWO. HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET; THENCE SOUTH NINE(9) FEET; THENCE EAST TWO. HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE EAST LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58); THENCE NORTH NINE (9) FEET TO THE PLACE OF BEGINNING. PARCEL 3: A PART OF BANK OUT LOT NUMBER FIFTY-EIGHT(58)AS SHOWN ON THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, WHICH PART IS BOUNDED BY A LINE RUNNING AS FOLLOWS, VIZ: BEGINNING AT THE NORTH WEST CORNER OF SAID BANK OUT LOT NUMBER FIFTY-EIGHT(58)THENCE RUNNING SOUTH WITH THE WEST LINE THEREOF THIRTY- SEVEN AND THIRTEEN HUNDREDTHS (37.13) FEET;THENCE EAST PARALLEL. WITH THE NORTH LINE OF SAID BANK OUT LOT TWO HUNDRED TWENTY-ONE AND FOUR TENTHS(221.4) FEET; THENCE NORTH THIRTY-SEVEN AND THIRTEEN HUNDREDTHS (37.13) FEET TO THE NORTH LINE OF SAID BANK OUT LOT NUMBER FIFTY-EIGHT(58),THENCE WEST WITH SAID LINE TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE PLACE OF BEGINNING. PARCEL 4: PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; RUNNING THENCE SOUTH FIFTY-EIGHT(58) FEET;THENCE WEST ONE HUNDRED THREE AND SEVEN TENTHS 103.7) FEET; THENCE NORTH FIFTY-EIGHT(58) FEET TO THE NORTH LINE OF SAID LOT; THENCE EAST ALONG SAID NORTH LINE ONE HUNDRED THREE AND SEVEN TENTHS (103.7) FEET TO THE PLACE OF BEGINNING.TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR PRIVATE DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED STRIP OF LAND: BEGINNING AT THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED FIFTY-EIGHT 58), RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET;THENCE SOUTH NINE (9) FEET; THENCE EAST TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE EAST LINE OF SAID LOT; THENCE NORTH NINE (9)FEET TO THE PLACE OF BEGINNING. PARCEL 5: A PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING FIFTY-EIGHT(58) FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT NUMBERED FIFTY-EIGHT(58), RUNNING THENCE. SOUTH SIXTY-FOUR; (64)FEET; THENCE WEST TWO HUNDRED TWENTY-ONE AND ONE-FIFTH (221 1/5) FEET; THENCE NORTH SIXTY-FOUR(64) FEET;THENCE EAST TWO HUNDRED TWENTY-ONE AND ONE-FIFTH (221 1/5) FEET TO THE PLACE OF BEGINNING. PARCEL 6: BANK OUT LOT NUMBERED FIFTY-SIX(56) IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,AS RECORDED IN PLAT BOOK 1, PAGE 64 IN THE RECORDER'S OFFICE OF SAID COUNTY, WHICH PART IS BOUNDED BYA LINE RUNNING AS FOLLOWS, VIZ: BEGINNING ATA POINT ONE (1)CHAIN THIRTY-TWO AND ONE-HALF (32 1/2) LINKS NORTH OF THE ORIGINAL SOUTHWEST CORNER OF BANK OUT LOT NUMBERED FIFTY-SIX(56) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA;THENCE RUNNING EAST THREE (3)CHAINS AND THIRTY-FIVE(35) LINKS; THENCE SOUTH THIRTY-SIX AND SIXTY-THREE HUNDREDTHS (36.63) FEET; THENCE WEST THREE (3) CHAINS AND THIRTY-FIVE. (35) LINKS;THENCE NORTH THIRTY-SIX AND SIXTY-THREE HUNDREDTHS (36.63) FEET TO THE PLACE OF BEGINNING. PARCEL 7: PART OF THE WEST HALF (1/2)OF THE NORTH HALF(1/2)OF BANK OUT LOT NUMBERED FIFTY- SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ATA POINT SIXTY-EIGHT AND ONE-TENTH (68.1) FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT FIFTY- SEVEN (57); THENCE EAST ONE HUNDRED TWENTY-FOUR AND FIVE TENTHS (124.5) FEET; THENCE SOUTH THIRTY AND THREE TENTHS (30.3) FEET;THENCE WEST ONE HUNDRED TWENTY-FOUR AND FIVE TENTHS(124.5) FEET; THENCE NORTH THIRTY AND THREE-TENTHS 30.3) FEET TO THE PLACE OF BEGINNING. PARCEL 8: PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ON THE EAST LINE OF SCOTT STREET AT THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY--EIGHT THENCE EAST ALONG THE SOUTH LINE OF THE NORTH HALF(1/2 OF SAID BANK OUT LOT NUMBERED FIFTY-EIGHT(58),TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS(223. 03) FEET TO THE EAST LINE OF THE WEST HALF (1/2)OF SAID BANK OUT LOT 2 NUMBERED FIFTY-EIGHT 58);THENCE NORTH THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57)FEET; THENCE WEST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF SCOTT STREET;THENCE SOUTH ALONG THE EAST LINE OF SAID SCOTT STREET THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57) FEET TO THE PLACE OF BEGINNING. PARCEL 9: THE SOUTH HALF(1/2) OF THE WEST HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY-EIGHT 58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, BEING ATRACT OF LAND NINETY-FIVE AND SEVENTY- HUNDREDTHS (95.70)FEET IN WIDTH, NORTH AND SOUTH, BY TWO HUNDRED TWENTY-ONE AND FORTY-THREE HUNDREDTHS (221.43) FEET IN LENGTH, EAST AND WEST. PARCEL 10: THE WEST HALF (1/2)OF THE SOUTH ONE QUARTER (1/4)OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 11: A PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) IN THE STATE BANK OF INDIANA'S FIRST ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57), THENCE RUNNING EAST WITH THE NORTH LINE OF SAID LOT ONE HUNDRED (100)FEET, THENCE SOUTH TWENTY-FIVE (25) FEET;THENCE WEST ONE HUNDRED 100) FEET TO THE EAST LINE OF SCOTT STREET, THENCE NORTH TWENTY-FIVE (25) FEET TO THE PLACE OF BEGINNING, BEING TWENTY-FIVE FEET NORTH AND SOUTH BY ONE HUNDRED 100) FEET EAST AND WEST OUT OF THE NORTHWEST CORNER OF SAID LOT. PARCEL 12: PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ATA POINT TWENTY-THREE AND THREE TENTHS(23.3) FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF THE WEST HALF (1/2)OF THE SOUTH HALF (1/2) OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); RUNNING THENCE NORTH TWENTY-TWO AND SIX TENTHS (22.6) FEET; THENCE EAST ONE HUNDRED TWENTY-SIX AND SEVEN HUNDREDTHS (126.07) FEET;THENCE SOUTH TWENTY-TWO AND SIX TENTHS (22.6) FEET;THENCE WEST ONE HUNDRED TWENTY-SIX AND SEVEN HUNDREDTHS (126. 07) FEET TO THE PLACE OF BEGINNING. PARCEL 13: THE EAST ONE-HALF (1/2) OF BANK OUT LOT NUMBERED, FIFTY-EIGHT(58) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, PLATTED BY THE STATE BANK OF INDIANA, EXCEPTING A PARCEL OF LAND ONE HUNDRED TWENTY-TWO (122) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE LENGTH OF THE NORTH SIDE THEREOF, LEAVING A TRACT SIXTY-NINE AND FORTY- HUNDREDTHS (69.40) FEET WIDE, NORTH AND SOUTH, BY TWO HUNDRED TWENTY-ONE AND FORTY-THREE HUNDREDTHS (221.43) FEET LONG, EAST AND WEST. PARCEL 14: A PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH PART IS BOUNDED BYA LINE RUNNING AS FOLLOWS, TO WIT: BEGINNING ATA POINT TWENTY- NINE (29) FEET SOUTH OF THE NORTH WEST CORNER OF SAID LOT NO. 57, RUNNING THENCE SOUTH TWENTY-SEVEN AND ONE TENTH (27.1) FEET; THENCE EAST ONE HUNDRED TWELVE AND FIVE TENTHS (112.5) FEET; THENCE NORTH TWENTY-SEVEN AND ONE TENTH (27.1) FEET; THENCE WEST ONE HUNDRED TWELVE AND FIVE TENTHS (112.5) FEET TO THE PLACE OF BEGINNING, TOGETHER WITH THE RIGHT AND USE OF THE TWELVE (12) FOOT PRIVATE DRIVEWAY, RUNNING. EAST AND WEST, IMMEDIATELY SOUTH OF AND ADJOINING SAID LAND. PARCEL 15: THE EAST HALF OF THE NORTH HALF OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 16: PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT A POINT 100 FEET EAST OF THE NORTHWEST CORNER OF SAID BANK OUT LOT 57; RUNNING THENCE SOUTH 29 FEET;THENCE EAST 12 1/2 FEET; THENCE SOUTH 39.1 FEET;THENCE EAST 12 FEET; THENCE SOUTH 52.9 FEET;THENCE EAST 97.26 FEET; MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF SAID BANK OUT LOT 57; THENCE NORTH TO THE NORTH LINE OF SAID BANK OUT LOT 57; THENCE WEST ALONG SAID NORTH LINE TO THE PLACE OF BEGINNING. PARCEL 17: THE NORTH ONE-HALF (1/2)OF THE SOUTHEAST QUARTER(1/4)OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA. PARCEL 18: PART OF BANK OUT LOT NUMBERED FIFTY/SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF(1/2)OF THE WEST HALF (1/2) OF THE SOUTH HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN 57); RUNNING THENCE NORTH 23.3 FEET;THENCE EAST 223 FEET, MORE OR LESS, TO THE EAST LINE OF THE WEST HALF (1/2 OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); THENCE SOUTH 23.3 FEET; THENCE WEST 223 FEET, MORE OR LESS.TO THE PLACE OF BEGINNING. TOGETHER WITH AN EASEMENT AND RIGHT-OF-WAY AND THE USE OF A DRIVEWAY FROM SCOTT STREET INTO A PART OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57), WHICH SAID DRIVEWAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT A POINT 56.1 FEET SOUTH OF THE NORTHWEST CORNER OF THE WEST HALF(1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); THENCE SOUTH 10 FEET; THENCE EAST 223 FEET, MORE OR LESS,TO THE EAST LINE OF SAID WEST HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57);THENCE NORTH 10 FEET; THENCE WEST 223 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, SAID DRIVEWAY TO BE USED FOR INGRESS AND EGRESS TO THE ABOVE DESCRIBED PREMISES. PARCEL 19: LOT NUMBERED FIVE (5), SIX (6)AND SEVEN (7)AS SHOWN ON THE RECORDED PLAT OF TOUHEY AND HAGERTY'S SUBDIVISION OF BANK OUT LOT NUMBERED FIFTY-NINE (59)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,AS RECORDED IN ST. JOSEPH COUNTY RECORD BOOK 2, ON PAGE 36. PARCEL 20: LOTS NUMBERED EIGHT(8), NINE (9),AND TEN (10)AS SHOWN ON THE RECORDED PLAT OF TOUHEY AND HAGERTY'S SUBDIVISION OF BANK OUT LOT NUMBERED FIFTY-NINE(59)OF THE STATE BANK'S FIRST ADDITION TO THE CITY OF SOUTH BEND. PARCEL 21: A LOT OR PARCEL OF LAND DESCRIBED AS BEGINNING ON THE EAST LINE OF SCOTT STREET, ATA POINT THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57) FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY-EIGHT 58) OF THE PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA PLATTED BY THE STATE BANK OF INDIANA, RUNNING THENCE EAST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF THE WEST HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY EIGHT(58); THENCE NORTH TWENTY-SEVEN (27) FEET; THENCE WEST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF SCOTT STREET;THENCE SOUTH ALONG THE EAST LINE OF SAID SCOTT STREET,TWENTY-SEVEN (27) FEET TO THE PLACE OF BEGINNING. WESTERN AVENUE TRANSFORMATION COMMUNITY ENGAGEMENT Proposed Site Plan W WAYNE ST 0MIII ST THOMAS PLAZA le L _ MORE ACADEMY - T` 0 r Y III 1 AWING rik„. .....__EN Apr ONO • ei • a. LJ r—_ J I__ THIS APPLICATION ONLY PERTAINS TO THE NORTHERN SECTON OF r tr. r `v 1THa PARKING r SECTION IS FUTURE N r • PARK • o IS PARCEL (SOUTHERNn or 0 DEVELOPMENT) 28 UNITS RETAIL o. gJ 1 WESTERN AVE 28 UNITS I 1 L I o C y f ai 1. QI Q _Q li--}J .,' J PARKING i- i ..: I cb 00 ,.._0. THIS PART OF 0 qi,, PROJECT IS L UNDER A o I4UNITs SEPARATE all 0 0 o 8o 0 0_00.914 __Q . • APPLICATION NEW STREET C. L_ I 0000 000000 00 00 _ SPECIAL 0 0o0 Bol--... 00r EXCEPTION FOR AVIA IL DAY CARE OR 0 ,°" I RETAIL IN THISPARK 11h;5>' . Alik , , j{ BUILDING P.Q -_ 0 a so 18 UNITS .-I ucp oo i aiila a is UNITS -4-STORY ELEVATOR BUILDING L___- 60 3-STORY WALK-UPS Q o n C) {id i i Cp I III Id I I I c 2-STORY WALK-UPS . PARKING q 2-STORY TOWNHOUSES i I I I 6 , I I I I , M I I OUTDOOR PLAY SPACE PAVED AREAS N LANDSCAPED AREAS - 20 UNITS FUTURE SSAA DEVELOPMENT 35 UNITS iiL— ® * * * * Cu111eth Lee President lbcl1cl Tomas Mor!_{;u1 \'ice President Troy \ Varner Chairperson, Committee ol' lhe \\'hole Curneth Lee First D istricl Ophelia Gooden-Rodgers Second District Sharon L. McBride Third District Troy \Varner Fourth District Sherry Boldrn-Simpso11 Firth D istrict Sheila �iez½oclski Si-,:lh Distrid Dr. ()lin-r Da,is /\l Large Rachel Tomas Morgan .1\t Large Karrn L. \ Vhite Al Lm�e City of South Bend Common Council 1-11 Counly-City Builcli11g • '2'27 \ V. Je1Terso11 Bini South Brncl, I11dia11a Ui60 l September 17, 2025 Filed in Clerk's Office Sheila Nieizgodski South Bend Common Council 4 th Floor, County-City Building South Bend, IN 4660 l ( 1 ·7 'i ,--, L J Bianca Tirado City Clerk, South Bend, IN Re: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITYOF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONET ARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2026 Dear Chairperson Niezgodski: On behalf of Council Members Karen White, Ophelia Gooden Rodgers and myself, as the Council's advisory members participating in the negotiations with the South Bend Firefighters, I am submitting the attached draft ordinance for filing. This ordinance sets forth the salary and other financial considerations provided to the Firefighters in their contract. This draft includes salaries that are effective in 2025, not 2026. This is because, although there is a tentative agreement on the table, that agreement has not yet been ratified. This filing will allow first reading on September 22, 2025. A substitute bill with the new compensation plan will be filed before second reading and public hearing on October 13, 2025. Please file this proposed ordinance for first reading on September 22, 2025 to be assigned to the Personnel and Finance Committee for second reading and public hearing on October 13, 2025 . Thank you for your consideration. Sincerely yours, ........ Canneth Lee, President, South Bend Common Council (.i7 1-) 2:·ti-!1W2l • Fax (,'i7 (.) 2:·Li-91 7:-l • TD l) (.i7 I.) 2/l.i-.i.iii? • ht1p://,n\'\r.soulhbrncli11.gm· BILL NO. 66-25 Filed in Clerk's Office BILL NO. 66-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3 (d) is charged with establishing, before November 1'of each year, the annual compensation of the South Bend Fire Department. The City of South Bend and the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters, AFL-CIO have successfully negotiated a collective bargaining agreement for the 2026 calendar year beginning January 1, 2026 and ending December 31, 2026. This ordinance fixes the annual pay and salaries of the sworn members of the South Bend Fire Department, including salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12, and other monetary fringe benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters,AFL-CIO, as the sole bargaining agent for the sworn members of the South Bend Fire Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Fire Chief, the Assistant Fire Chiefs, and the Battalion Chiefs, who are governed by Indiana Code §.36-8-1-12. Section II. Annual Maximum Salaries. a) Definitions: For purposes of this ordinance, "Salary Classifications" mean Categories for salary and annual pay purposes only. "Rank" does not mean salary classification. b) Annual Pay for Sworn Members of the South Bend Fire Department: Maximum annual pays for the sworn members of the South Bend Fire Department,including upper level policy making positions defined by Indiana Code§ 36-8-1-12 for calendar year 2026 shall be set as follows: Salary Classification 2026 Fire Chief 129,920.80 Assistant Chief 109,306.00 Battalion Chief 94,330.75 Captain 82,746.20 Inspector(Non-Rank) 82,746.20 Investigator(Non-Rank) 82,746.20 Instructor(Non-Rank) 82,746.20 Community Paramedic 82,746.20 Pump Engineer(Non-Rank) 78,984.45 Paramedic Lt(Non-Rank) 76,746.88 Firefighter Pt Class 75,223.73 Firefighter 2nd Class 66,793.10 Fire Recruit(Civilian) 57,400.00 Section III. Additional Areas of Compensation. a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the Maximum amounts permitted in each calendar year addressed. b) City of South Bend Residency Incentives. Qualifying sworn members and upper level policy making positions of the South Bend Fire Department, who establish and maintain legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply with the governing regulations for such compliance shall be entitled to the following bonuses on or before December 15 of the applicable year:: 2026: $2,500 maximum payable Said bonus amounts shall be pro-rated in the event that a qualifying sworn member or upper level policy making person moves into the South Bend city limits after the beginning of the calendar year or moves out of the South Bend city limits during a calendar year. Section IV. Specialty Pay. a) EMS Incentives. Monetary incentives and seat pay shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements and are assigned to perform such special duties which are verified by the department. Unless indicated otherwise, all specialty pay shall be prorated to the date of the regular assignment for such specialty duty or duties and paid accordingly. A qualifying sworn member performing any of the following specialties shall be paid at the highest certification/licensing only. Assignment 2026 6Field Training Officer(FTO)850 Lead Paramedic Incentive 2,500 Emergency Medical Responder 250 EMT - Basic 350 EMT—Adv.900 EMT - Paramedic 900 Basic EMT Assigned 3,000 Advanced EMT Assigned 4,500 Paramedic Assigned 9,000 b) Special Operation Team Specialty Pay. The following specialty pay shall be paid to the sworn members of the South Bend Fire Department who meet the Fire Department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pay shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly. The following Special Operation Team Specialty Pay are established: Type of Special Operation Team 2026 Hazardous Materials Team Response Team Member 1,200 Team Leader 400 Swift Water Rescue Team Scuba Diver 1,200 Specialist 1,200 Technician 500 Team Leader 400 Tactical Rescue Team Response Team Member 1,200 Team Leader 400 Honor Guard Team Leader 400 c) LEP Specialty Pay: A Limited English Proficiency(LEP) Program overseen by the City's Human Resources Director or their designee shall monitor the Department's requirements. All qualifying sworn members who maintain fluency in additional languages other than English, and who are regularly assigned to perform LEP duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: 2026 Limited English Proficiency(LEP) 800 d) Payment of Specialty Pays/Seat Pay: Unless indicated otherwise, specialty pay and seat pay shall be paid on a bi-weekly basis. Section V. Recall of Duty Pay and Emergency Duty Pay. a) In the event that a sworn member of the South Bend Fire Department is recalled for duty, and he or she reports for duty,he or she shall be paid at the rate of two(2)times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty(30) minutes shall constitute one(1)hour for purposes of this paragraph. b) A sworn member of the South Bend Fire Department who works emergency duty shall be paid at the rate of two(2)times the sworn member's hourly rate and shall be guaranteed a minimum of four(4)hours of work or pay. c) In the event that a sworn member of the South Bend Fire Department is called to work emergency duty for extra-alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of South Bend Fire Department units for extra-alarm fire or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in a Collective Bargaining Agreement governing extra-duty or recall are not applicable. The Fire Chief or his or her authorized designee may specify which off-duty personnel with specialized skills, including but not limited to sworn members of the South Bend Fire Department's Hazardous Materials Response Team, Swift Water Rescue Team, Tactical Rescue Team, or with needed medical specialties. Section VI. Working Out of Classification Pay. If a sworn member of the South Bend Fire Department is temporarily assigned as a Battalion Chief, Captain, Paramedic or Pump Engineer, that sworn member shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four(4) consecutive hours as verified by a Working Out of Classification form, as verified by the officer of the rig or the Battalion Chief Section VII. Longyity Pay. a) The Common Council hereby continues a longevity program for qualifying sworn members of the South Bend Fire Department. b) Qualifying sworn members of the South Bend Fire Department holding the rank of First Class Firefighter and above, who are employed by the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service on the South Bend Fire Department. For the purposes of Longevity Pay described in this subsection, "Years of Service" shall be calculated from the date on which a firefighter was sworn in and accrue upon the passing of the anniversary of said date. Such longevity pay shall be earned upon completion of the number of years indicated below, paid in a lump sum in the last payroll period in December, and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be as follows: Cumulative Years of Service on SBFD: Longevity Pay 2026 5-9 Years of Service 300 10-14 Years of Service 600 15-19 Years of Service 1,900 20-24 Years of Service 3,400 25+Years of Service 10,000 c) Qualifying sworn members of the South Bend Fire Department holding the designation of Lead" on the Ambulance in the South Bend Fire Department shall receive additional compensation in recognition of the cumulative years of service, earned upon completion of the number of years indicated below, calculated from a firefighter's designation as a "Lead." Such longevity pay shall be divided into bi-weekly payments over the year. Longevity pay shall be as follows: Longevity Pay 2026 0-1 Year of Service 550 2-4 Years of Service 1,200 5-8 Years of Service 1,800 9+Years of Service 2,400 Section VIII. Station Allowance. The South Bend Common Council shall budget a total monetary amount for a line-item station allowance which incorporates realignment so that the concerns of the smaller and older fire stations will be addressed and that minimum needed purchases can be made with proper approval. The amount per station shall be as follows from this line-item: Station Number 2026 1 2,850 2 1,250 3 1,250 4 1,250 5 850 6 1,250 7 1,250 8 850 9 850 10 1,250 11 1,250 Needed station purchases shall be approved by a majority vote of the assigned sworn members at each fire station and shall be submitted by each House Captain for review, approval and purchase by the Fire Chief and the City Controller. Such monies may not be carried over from year to year and must be used by December 31" of each calendar year. Section IX. Other Monetary Benefits. a) Safety Officers. The regularly assigned Safety Officers shall receive, in addition to his or her base salary, the sum of Four Thousand Five Hundred Dollars ($4,500) in calendar year 2026. b) 8-Hour Incentive Pay. An 8-hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour workweek, not including temporary duty assignments (TDY). The sum of One Thousand One Hundred Fifty-Four Dollars ($1,154) shall be paid to such qualifying individuals in the calendar year 2026. c) Inspector/Instructor Pay. Those First-Class Firefighters who are qualified and regularly assigned, not including temporary duty assignments (TDY), as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non-rank specialty pay as an Inspector or Instructor. d) Shift Instructor Pay. Shift Instructors who are qualified and selected to teach on-duty in- house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized department instruction, shall be paid at the rate of Fifteen Dollars($15)per hour up to a maximum of Five Hundred Dollars($500) per year, with any teaching thereafter requiring the approval of the Fire Chief, or his or her designee. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. e) Luther J. Taylor, Sr. Fire Safety Training Center 8-Hour Instructor Pay. An 8-hour Instructor Pay shall be paid to the individual regularly assigned to work a forty (40) hour workweek, not including temporary duty assignments (TOY), at the Luther J. Taylor, Sr. Fire Safety Training Center. The sum of Three Thousand Dollars ($3,000) shall be paid per year in 2026 to the qualifying individual who is regularly assigned to work in this capacity each of those years. f) Pay for Other Instructors. Other instructors who are qualified and selected to teach specified on-duty in-house instruction programs for rookie schools,driving,confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, shall be paid at the rate of Fifteen Dollars($15)per hour,upon the approval of the Fire Chief, or his or her designee. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full-time instructors and company training instructors shall be ineligible for any pay under this paragraph. g) Pay for Certified SCBA Repair Specialists. Those sworn members of the South Bend Fire Department who are qualified, certified and regularly assigned by the Fire Chief, or his or her designee to perform self-contained breathing apparatus(SCBA)repairs, shall be paid at the rate of Fifteen Dollars ($15) per hour up to a maximum of One Thousand Dollars ($1,000) in any one calendar year. h) Critical Duty Day Stipends. In 2026, the Critical Duty Day Stipend shall be set at one-half 1/2) of an eligible sworn member's regular hourly rate plus longevity, but not less than Three Hundred Dollars ($300) for the ten (10) Critical Duty Days which are designated each calendar year by the Board of Public Safety. Such stipend may be pro-rated for time actually worked with the eligible sworn member choosing among three (3) options which are further addressed in the governing Collective Bargaining Agreement approved by the Board of Public Safety. i) Deferred Compensation. The City of South Bend agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first One Hundred Dollars($100)deferred by a sworn member of the Department each calendar year, the City of South Bend will match said amount $0.50 on the dollar, and for the next Three Hundred Dollars ($300) deferred by a sworn member of the Department each calendar year, the City of South Bend will match said amount, dollar for dollar. j) Life Insurance. The City of South Bend shall continue to provide life insurance coverage on all sworn members and upper level policy making positions of the South Bend Fire Department in an amount equal to the amount of the sworn member's base pay or the upper level policy making position's base pay. k) Health Insurance. Each active sworn member and upper level policy maker of the of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. Fire pensioners who are not members of South Bend Firefighters Association Local No. 362 shall pay an additional Fifty Dollars ($50) per month over and above such rates, subject to the obligations of Local No. 362 as may be further addressed in an approved Collective Bargaining Agreement between the City of South Bend and Local No. 362 which provides that membership shall not be unreasonably withheld, unless agreed to by a Letter of Understanding approved by the Board of Public Safety. I) Post-Employment Health Plan. The City of South Bend shall make an annual contribution of One Hundred Twenty Dollars ($120) for each sworn member in the calendar year 2026. Sworn firefighters may make additional contributions according to the plan documentation. m) Program Coordinators. Any appointed Program Coordinator shall receive in addition to his or her annual base salary, a maximum sum of Three Thousand Dollars ($3,000) while he or she serves in that capacity in calendar year 2026. Section X. Education Tuition Reimbursement Program. a) The South Bend Common Council agrees to continue the Education Tuition Reimbursement Program which originally began on January 1, 2005, for calendar year 2026. Qualifying sworn members of the South Bend Fire Department participating in the education Tuition Reimbursement Program shall be entitled to the following maximum dollar amounts for course tuition and other expenses related thereto: Course Grade Earned Maximum Amount to be Reimbursed by the City 100% of tuition costs and other expenses directly related to A said costs up to a maximum of One Thousand Two Hundred Fifty Dollars ($1,250) B 100% of tuition costs and other expenses directly related to said costs up to a maximum of Nine Hundred Dollars ($900). b) Education tuition reimbursement shall be on a "first come, first serve basis," subject to the maximum dollar amount budgeted by the South Bend Common Council for said program in calendar year 2026. All Fire Department regulations governing such program must be complied with by qualifying sworn members of the South Bend Fire Department in order for an individual to be eligible to be paid under this program. Section XI. 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 XII. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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 September 17, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Build ing South Bend, IN 46601 RE: Special Exception at 307-321 Hill 523-529 La Salle Dear Committee Chair Dr. Davis: Filed in Clerk's Office i '/ r r� I L J 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 September 22, 2025, Council meeting and set it for public hearing at your October 13, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the October 6, 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: An entertainment and hospitality destination designed to transform an underutilized site into a vibrant public destination known as The Yard, which will feature dining, entertainment, and recreational attractions in a family-friendly urban environment. 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, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 / 574-235-7627 I www.southbendin.gov/zoning BILL NO. 67-25 Filed in Clerk's Office BILL NO. 67-25 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 321 HILL ST & 319 HILL ST & 317 HILL ST & 315 HILL ST & 307 HILL ST & 523 LASALLE AVE & 529 LASALLE AVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To establish an outdoor entertainment and recreation venue with the restaurant use on the premises 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: 307 N HILL ST 018-5008-0234 315 N HILL ST 018-5008-0233 317 N HILL ST 018-5008-0232 319 N HILL ST 018-5008-0231 321 N HILL ST 018-5008-0230 523 E LASALLE AVE 018-5008-0235 529 E LASALLE AVE 018-5008-0236 In order to permit Entertainment/Recreation Facility, Outdoor(21-06.01(k)(9)) 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 - 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: 71-08-12-201-006.000-026 Address: 529 E Lasalle Ave and surrounding properties (see site plan) Owner: Greater Lowell Holdings LLC Zoning: Choose the current district Downtown(DT) Project Summary: An entertainment and hospitality destination designed to transform an underutilized site into a vibrant public destination known as The Yard, which will feature dining, entertainment, and recreational attractions in a family-friendly urban environment. Requested Action 10 Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Entertainment/Recreation Facility Variance(s) - List variances below. complete and attach Criteria for Decision Making Variance(s) requested: Variance for number of accessory buildings Variance for transparency of the entry building Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale n 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 use will not be injurious because The Yard is designed as a safe, family-friendly destination, operating within all applicable building, safety, and fire codes. The project will add lighting, security, and pedestrian-oriented features to improve the area's safety and accessibility. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use will not adversely affect adjacent areas or property values, because the redevelopment replaces underutilized parcels with attractive, well-programmed facilities that enhance the neighborhood and create synergies with existing businesses. 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 proposed use will be consistent with the character of the district, because the project introduces active, community-oriented uses that are compatible with existing commercial, cultural, and recreational activity in the East Bank neighborhood. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is compatible with the Comprehensive Plan, because it advances goals for redevelopment, improved public space, activation of the LINK Trail, and economic development through tourism and local engagement. It transforms underutilized parcels into a vibrant destination that connects people to place and to each other, directly advancing the plan's vision. 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: The variances will not be injurous to the public health, safety, morals and general wellfare of the community, because the site will be designed and constructed to meet all safety standards, while providing safe pedestrian access and improved site activation. 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: The use and value of adjacent properties will not be adversely affected, because the project enhances the area with high-quality design, landscaping, and consistent site maintenance, thereby increasing vibrancy and supporting neighborhood vitality. 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The use as an outdoor entertainment facility necessitates requires multiple, small accessory buildings including restrooms, concessions, and a bandshell for performances and community programming. In addition, the modular shipping containers used for the entry building have fixed dimensions and materials that make transparency requirements impractical to meet. Strict interpretation of the zoning ordinances would prevent the project from moving forward. 4) The variance granted is the minimum necessary, because: The variances requested are the minimum necessary to allow the site to operate effectively while maintaining design quality. Auxiliary buildings should not have the same requirements as a typical development building. These buildings have been reduced to the minimum size and site frontage required for an outdoor entertainment facility of this nature. 5) The variance does not correct a hardship caused by a former or current owner of the property, because: The variance does not correct a hardship caused by a former or current owner of the property. The need for these variances results from the unique operational and design requirements of a outdoor entertainment facility. Contact Information Property owner(s) of the petition site: Name: Frank Fern Address: Name: Address: Name: Address: Contact Person: Name: Riley Ellingsen Address: ' 11.111111111.1.11111.1 Phone Number: 10111111111111E-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. 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I .T z., OVERALL SITE PLAN wee alrousrxn IwrvwoREfun * * * Ca,meth Lee President Rachel Tomas Mon;-;u1 \ ·ice Presidrnt Troy \Varner Chairperso11, Committee or the \ \'hole Ca1111cth L -c First District Ophelia Coode11-Rodgers Sern11d District Sharon L. McBride Third District Troy \\'arner Fourth Di�tricl Sherry Boldrn-Sirnpson Fil'th District She ila Niez[\'odski Sixth District Dr. Oli,-cr Da,·i� /\l Large Rachel Toma s Morg;u1 /\t Large Karen L. \ \'hite City of South Bend Common Council l-1-1 County-City Building• '2'27 \ V. Je1Tcrso11 Bh-d South Brnd, l11dia11a 1-6fi0 l September 17, 2025 Sheila Nieizgodski South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Filed in Clerk's Office 1 '}r� ' L Bianca Tirado City Clerk, South Bend, IN Re AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONET ARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2026 Dear Chairperson Niezgodski: On behalf of Council Members Sheila Niezgodski, Rachel Tomas Morgan and myself, as the Council's advisory members participating in the negotiations with the South Bend FOP #36, I am submitting the attached draft ordinance for filing. This ordinance sets forth the salary and other financial considerations provided to the FOP in its contract. contains Please note, the ordinance contains several blank spaces for the compensation figures .. This is because, although there is a tentative agreement on the table, that agreement has not yet been ratified. This filing will allow first reading on September 22, 2025. A substitute bill with the new compensation plan will be filed before second reading and public hearing on October 13, 2025. Please file this proposed ordinance for first reading on September 22, 2025 to be assigned to the Personnel and Finance Committee for second reading and public hearing on October 13, 2025 . Thank you for your consideration. Sincerely yours, Canneth Lee, President, South Bend Common Council (.'i? t.) 2:l.'i-1JW2 I• Fax (.i7 1-) 2:l.i-9178 • TDD (.17 1-l 2:1.i-.1.'i(i? • http://mnr.southhrndin.gm· BILL NO. 68-25 Filed in Clerk's Office BILL NO. 68-25 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF SWORN MEMBERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2026 STATEMENT OF PURPOSE AND INTENT The South Bend Common Council, pursuant to Indiana Code § 36-8-3-3(d) is charged with establishing, before November 1st, the annual compensation and monetary fringe benefits of the South Bend Police Department. The City of South Bend is concurrently negotiated a collective bargaining agreement with members of the Fraternal Order of Police Lodge 36. This ordinance sets forth the negotiated items which fix the annual pay and salaries of the sworn members of the South Bend Police Department as defined in Indiana Code § 36-8-1-9; salaries of the First Class Patrolman as defined in Indiana Code § 36-8-1-11; salaries for upper level policy making positions in the department as defined in Indiana Code § 36-8-1-12; and other monetary fringe benefits. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Recognition. The South Bend Common Council recognizes the negotiating team which represents the Fraternal Order of Police South Bend Lodge No. 36, as the sole bargaining agent for the sworn members of the South Bend Police Department for purposes of negotiating annual pay, monetary fringe benefits and other monetary items which are addressed in this ordinance, excepting the Police Chief, the Division Chiefs, and the Captains, who are governed by Indiana Code § 36-8-1-12. Section II. Sworn Member Annual Pay Classifications; Recruit Pay; Lateral Entry; and Career Development Incentive Programs. a) Annual Pav Classifications for Sworn Members of the South Bend Police Department. Annual pay for the sworn members of the South Bend Police Department,including upper level policy making positions defined by Indiana Code § 36-8-1-12 for calendar year 2026 shall be set as follows: Pay Classification 2026 Police Chief Division Chiefs Captains Lieutenants Pay Classification 2026 Sergeants Detectives Patrolman First Class Patrolman Second Class b) Police Recruit Annual Pay. A Recruit of the South Bend Police Department shall be classified separately from sworn members of the Department. A Recruit shall complete the State of Indiana training program or its equivalent and commence duties as an officer before being sworn in as an officer of the South Bend Police Department. Upon the effective sworn date, a Recruit shall be paid as a Patrolman 2"d Class. The maximum annual pays of a Police Department Recruit shall be as follows: Pay Classification 2026 Police Recruit c) Lateral Entry Program. The Common Council authorizes the South Bend Police Department to offer between three thousand five hundred dollars ($3,500.00) to ten thousand dollars 10,000.00) as a one-time bonus, to be paid in equal quarterly installments in the first year of employment, to any individual found to be eligible and qualified to be a candidate on the Department, who has the requisite law enforcement experience and certification(s) for such a lateral entry into the South Bend Police Department. Any sworn member who received monies pursuant to this Lateral Entry Program and who leaves employment from the South Bend Police Department before his/her one (1) year anniversary with the Department, shall be required to pay back to the South Bend Police Department any and all lateral bonus monies received. A lateral entry officer with two (2) years or less of service as a certified officer shall enter the South Bend Police Department as a Patrolman Second Class. Upon completing Field Training Program (FTO), such lateral officer shall be eligible for promotion to Patrolman First Class. d) Police Officer Recruitment Bonus Program. The Police Officer Recruitment Bonus Program which originally became effective January 1, 2015, shall continue in full force and effect. Any City of South Bend Employee who assists in the recruitment and hiring of any full-time new sworn police officer, may be eligible upon Department verification of each of the stages listed below: 1. Upon an individual,who has been recruited by a City of South Bend Employee,graduating from the Indiana Law Enforcement Academy, the sum of three hundred dollars ($300.00) shall be allocated for payment for that City of South Bend Employee who assisted in the recruitment. 2. Upon that individual then successfully completing the Field Training Program (FTO), the sum of five hundred dollars($500.00)shall be allocated for City of South Bend Employee who assisted in the recruitment. 3. For the City of South Bend Employee to be eligible to receive the bonuses described above, the candidate must have successfully completed the specified phase of the hiring process and be hired by the South Bend Police Department as a full-time sworn member. Any City of South Bend Employee desiring to participate in the Police Officer Recruitment Bonus Program shall be required to timely complete all required forms with the Department, and upon verification of their recruited candidate successfully meeting the hiring standards, processing for payment of the recruitment bonus shall commence. All Police Department regulations governing this program must be complied with by the City of South Bend Employee in order for them to be qualified and eligible to be paid under this program. a) Lateral Police Officer Recruitment Incentive Program. The South Bend Police Department Lateral Police Officer Recruitment Incentive Program which originally became effective January 1, 2015, shall continue in full force and effect. Any City of South Bend Employee, who verifiably assists in the recruitment and hiring of any new full-time lateral sworn police office is eligible for a one-time bonus payment of five hundred dollars ($500.00). Said bonus shall only be processed for payment upon the following conditions being met: 1. The lateral police officer candidate successfully completed a Law Enforcement Training Board-certified 40-hour Pre-Basic Course, and is hired as a full-time sworn member of the South Bend Police Department; 2. Verification of the City of South Bend Employee's recruitment activities and their timely completion of all required forms with the South Bend Police Department; 3. The lateral police officer candidate, completed the annual mandatory training program addressing domestic violence, use of force training, firearms training, and emergency vehicle operations training; and 4. All Police Department regulations governing this program must have been complied with by the City of South Bend Employee in order for them to be qualified and eligible to be paid under this program. b) Police Officer Education Incentive Program. The South Bend Police Department Education Incentive Program which originally became effective January 1, 2015, shall continue in full force and effect. In order to be eligible under this program, a person must be classified as a full-time South Bend Police Department sworn member, must have successfully completed at least one (1) year of full-time service on the South Bend Police Department, and must have completed the annual mandatory training program addressing domestic violence, use of force, firearms training, emergency vehicle operations training; and provided all of the documentation which verify the completion of the following degrees/hours: Degree 2026 Associate Degree or 60 credit hours 450 Bachelors Degree(BS/BA) 600 Masters Degree or higher(JD, PhD, 850 Written etc.) proof from the educational institution certifying the completion of such degree and/or hours, along with compliance with all Police Department regulations governing this program by the sworn member of the South Bend Police Department is required in order for them to be eligible to be paid under this program. Qualifying sworn members shall be paid at the highest degree only, with such payment being made in December of each calendar year. c) Former U.S. Military Recruitment and Retention Incentive Programs.' The South Bend Police Department Former U.S. Military Recruitment and Retention Incentive Programs which originally because effective January 1, 2015, shall continue in full force and effect. 1. One-Time Military Recruitment Bonus: In order to be eligible for a one-time military recruitment bonus, which may be offered to any individual found to be eligible and qualified, who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military and desires to join the South Bend Police Department as a full-time sworn member after January 1, 2015, said individual would be eligible to one (1) of the following bonus incentive payment amounts upon graduating from the Indiana Law Enforcement Academy: Service Length 2026 Two (2) years of past U.S. military 450 active duty service Four(4) years of past U.S. military 600 active duty service Six(6) or more years of past U.S. 850 military active duty service Such one-time bonus incentive payment shall be paid at the highest year of U.S. military active duty service experience only, upon proof of such service and tenure being substantiated and verified utilizing the submission by the person requesting the bonus of the Report of Separation, DD-214 issued by the Defense Department. Any person, who received such a bonus incentive payment and who leaves his/her employment with the South Bend Police Department before his/her one (1) year The International Association of Chiefs of Police(IACP)in partnership with the U.S.Department of Justice,Office of Justice Programs,Bureau of Justice Assistance(BJA),has published a guidebook for service members who are transitioning out of the military and are considering a law enforcement career. That publication entitled Combat Veterans & Law Enforcement: A Transition Guide for Veterans Beginning or Continuing Careers in Law Enforcement is available at http://www.theiacp.org/vets2cops anniversary with the Department,shall be required to pay back to the South Bend Police Department any and all bonus monies received under this program. 2. Police Officer Recruitment Bonus Program for Recruiting Former U.S. Military Service Member. Any City of South Bend Employee, who verifiably assists in the recruitment and hiring of any new full-time sworn police officer who is a former U.S. military service member is eligible for a one-time bonus payment of five hundred dollars($500.00). Said bonus would only be processed for payment upon the following conditions being met: i.The former U.S. military service member who is a police officer candidate successfully completed a Law Enforcement Training Board-certified 40- hour Pre-Basic Course, and is hired as a full-time sworn member of the South Bend Police Department; ii. Verification of the sworn member's recruitment activities and their timely completion of all required forms with the South Bend Police Department; iii. The former U.S. military service member who is a police officer candidate completed the annual mandatory training program addressing domestic violence, use of force training, firearms training, and emergency vehicle operations training; and iv. All Police Department regulations governing this program must have been complied with by the City of South Bend Employee in order for them to be qualified and eligible to be paid under this program. 3. Former U.S. Military Retention Incentive Program. The South Bend Police Department Former U.S. Military Retention Incentive Program which originally because effective January 1, 2015, shall continue in full force and effect. In order to be eligible, a sworn member of the Department who has prior active duty service with the Armed Services and received an Honorable Discharge from a branch of the U.S. military, must have successfully completed at least one(1) year of full-time service on the Department and must have completed the annually mandatory training program addressing domestic violence, fire arms training and emergency vehicle operations training, and provide documentation as required by this section with qualified sworn members being entitled to the following: Service Length 2026 Two (2) years of past U.S. military 450 active duty service Four(4) years of past U.S. military 600 active duty service Six (6) or more years of past U.S. 850 military active duty service Such bonus incentive retention payments shall be paid at the highest year of U.S. military active duty service experience only. Proof of such U.S. military service and tenure must be substantiated and verified by utilizing the Report of Separation, DD-214 issued by the Defense Department. Qualifying sworn members shall be paid said bonus in December of each calendar year. 4. Police Recruitment Relocation to South Bend Incentive. Any new full-time sworn member of the South Bend Police Department who is employed after January 1, 2015, would be eligible to apply for a Police Recruitment Relocation to South Bend Incentive, so long as their new personal residential address is located within the South Bend City limits. This relocation bonus may not exceed two thousand dollars($2,000.00)for each qualifying full-time sworn member in each calendar year. Section III. Additional Areas of Compensation. a) Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in each calendar year addressed. b) City Residency Incentives. Sworn members and officers of the South Bend Police Department, who establish verified legal residence within any neighborhood within the City of South Bend city limits and reside on a continuous permanent basis within the South Bend city limits, and comply any additional department governing regulations on this topic shall be entitled to the following residency incentive bonus: 2026: 3,500.00 maximum payable on or before December 15, 2026 c) Court Time Pay: If an officer or sworn member of the South Bend Police Department appears under subpoena, court order, or at the request of City Legal during off-duty hours before any court, administrative body(i.e. civil,probate, Board of Public Safety,Alcohol Beverage Board, etc.), or at the County Prosecutor's Office to validate a complaint or warrant pertaining to incidents investigated by such officer as a result of their duty assignment, whether civil or criminal in nature, excepting only disciplinary matters in which the officer concerned is the accused, said officer shall receive overtime pay. Such court time shall be paid at two (2) times the officer's regular rate of pay. a. When such appearance is in-person or requires the officer's testimony under oath, the officer shall receive a minimum of four(4)hours of pay for appearing on their scheduled day off; and a minimum of two(2)hours of pay for appearing when off-duty on a regular scheduled work day. b. For all other appearances, such as virtual (by phone, computer, or other electronic means), the officer shall receive a minimum of one(1)hour of pay for appearing on their scheduled day off or when off-duty on a regular scheduled work day. Officers regularly assigned to the third detail, who are not otherwise on-duty, shall receive a minimum of: i. Four(4) hours of pay when such appearance is in-person or requires the officer's testimony under oath. ii. Two (2)hours of pay for all other appearances. d) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly scheduled workday, they shall be entitled to overtime pay. Such sworn member shall be paid at the rate of two (2) times his or her regular rate of pay. Overtime shall be calculated by quarter-hour increments, except as provided in the next section(e). e) Critical Duty Day Pay Stipend: A critical duty day pay stipend is continued in the amount of two hundred and fifty dollars($250.00). There shall be eight(8)Critical Duty Days established by the Board of Public Safety by proper Board Resolution. Officers and sworn members assigned to the Special Victim's Unit or the South Bend Community School Corporation,while so assigned, shall not be eligible for the Critical Duty Day pay stipend, while working as a part of their regular duty assignments. f) Shift Premium Pays: An officer or sworn member scheduled to work and permanently assigned to any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2026 Second Detail [Afternoons]2,200 Third Detail [Midnights] 3,000 Detective Bureau [Evenings] 1,200 g) Special Duty Pays: An officer or sworn member who is qualified and scheduled to work in special hazardous duty and/or highly specialized areas of service, shall be entitled to receive Special Duty Pay for such assigned and designated specialties: Type of Special Duty 2026 Strategic Focus Unit 2,100 K-9 Unit 1,200 SWAT 1,200 Bomb Technician 1,200 Hostage/Crisis Negotiator 1,000 Uniform Crime Scene Technician 1,000 Homicide Crime Scene Technician 200 Patrol Shift Supervisory Sergeant Pro- 450 Pay Rapid Response(RRT) 450 Diagrammer 700 Detective Bureau—Violent Crimes 1,200 Detective Bureau—Major Crimes 500 Traffic (TDO, FACT) 500 h) Limited English Proficiency (LEP) Specialty Pay and Sign Language Proficiency Incentive Pay: A Limited English Proficiency (LEP) Pay Program and a Sign Language Proficiency Incentive Pay Program, overseen by the City's Human Resources Director or their designee, who shall monitor the Department's requirements. All qualifying sworn members who meet the requirements and who are regularly assigned to perform such duties shall be paid the following specialty pay in a lump sum in the last payroll in December of each year of such assignment: Type of Special Pay 2026 Limited English Proficiency (LEP) 400 Sign Language Proficiency 400 with such incentive program payments being limited to the total yearly amount budgeted for the same. i) Field Training Officer (FTO) Pay: A qualified Field Training Officer (FTO) shall be entitled to FTO day for each day which such person is qualified, assigned and performs field training activities with new recruits. 2026 FTO Daily Rate 50 j) Division Chief Stipend: The Chief of Police may assign one (1) Division Chief to be "acting Chief'when they are unavailable. Said Division Chief shall receive a stipend of one thousand dollars ($1,000.00) per year. k) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts to be paid each year in December: 2026 Annual Cash Allowance 500 1) Longevity Pays: Qualifying officers and sworn members holding the rank of Patrolman First Class and above, shall receive addition compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pays shall be paid in the following amounts in each year: Cumulative Years of Service on Commencement SBPD Date 2026 2—3 years Beginning 3rd year 4—9 years Beginning 5th year 10— 14 years Beginning 11th year 15 — 19 years Beginning 16th year 20—24 years Beginning 21 st year 25+years Beginning 26th year m)Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police Department who participate in the Tuition Reimbursement Program shall be entitled to the following maximum dollar amount(s) for approved course tuition: Course Maximum Amount Reimbursed by the City of South Bend Grade A 100%of tuition costs only up to a maximum of$1,500 B 75% of tuition costs only up to a maximum of$1,000 C 50% of tuition costs only up to a maximum of$500 Officers and sworn members who wish to participate in this program must give notice to the Services Division Chief prior to registering for a course which has tuition fees, so that funds may be allocated for potential tuition reimbursement on a "first come, first serve" basis up to the maximum amount budgeted for such purposes for each calendar year by the Common Council. Tuition reimbursement shall be limited to a maximum reimbursement amount of two thousand five hundred dollars ($2,500.00) per calendar year to any officer or sworn member participating in the program. All governing regulations must be complied with by any officer or sworn member who participates in the program as a condition of being paid any tuition reimbursement. n) Voluntary Physical Fitness Program: The Common Council continues the authorization previously set forth in Ordinance No. 10042-10, Ordinance No. 10192-12, Ordinance No. 10332-14, and Ordinance No. 10472-16 to implement a voluntary physical fitness program, which may have the potential of any officer and/or sworn member of the South Bend Police Department who qualifies under the governing policies and procedures implemented by the Department to earn up to a maximum of one(1)personal day per calendar year. Such personal day may not be used if such usage results in overtime costs to the City. o) On-Call Duty Pays: Each of the following On-Call Duty Pay categories shall be allotted six hundred fifty dollars($650.00) per category per year, and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to the frequency of assigned on-call days in the respective category and shall be paid on a quarterly basis. The On-Call Duty Pay categories are as follows: All officers assigned to the Detective Bureau Traffic On-Call Diagrammer Traffic On-Call Duty Officer p) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all sworn members and officers of the South Bend Police Department in an amount equal to the amount of the sworn member's and officer's base pay. q) Health Insurance: Each active sworn member and upper level policy makers who are also referred to as officers of the South Bend Police Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. Benefits for qualifying police pensioners shall not begin until such pensioner or dependent spouse of such pensioner meets the State minimum standards for pension eligibility and immediately able to draw a pension, and shall cease when such pensioner, or the dependent spouse of such pensioner, reaches sixty-five (65) years of age or become Medicare-eligible, as further addressed in the 2026 Working Agreement, to be approved by the Board of Public Safety. Section IV. 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 V. Effective Date. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. 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