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Home My WebLink About9919-09 Amending Chapter 2, Article 14 - to add a new section 2-170.13 establishing a take home vehicle fundORDINANCE No. ,,,,.o~ Passed by the Common Council of the Ciry of Soutlr Bend, Indiana April 27, 2009 Attest: Attest: Presented by me to the Mayor of the City of Sout/t Beard, Indiana April 28, 2009 Ciry Clerk President of Common Council City Clerk Approved and signed by me Ap r i 1 2 8 ,. 20 .Q.~1_ -- Mayer r SUBSTITUTE BILL NO. #28-09 ORDINANCE NO. ~ ~ ~ ~ ~ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ADD A NEW SECTION 2-170.13 ESTABLISHING A TAKE HOME VEHICLE FUND # 278 AND TRANSFERRING MONIES FROM LIABILITY INSURANCE FUND (#226) TO THE NEW FUND (#278) STATEMENT OF PURPOSE AND INTENT The City of South Bend has implemented a South Bend Police Department Take Home Vehicle Program which provides a form of indemnity arising out of use oftake-home vehicles by police officers. Officers participating in the program pay for the cost of this insurance through monthly payroll deduction. They then receive the benefit of City defense and coverage of personal injury and property damage claim costs arising from off-duty use of City owned vehicles subject to certain conditions and limitations specified in the Program policy. The City believes it is appropriate to segregate the funds paid by officers for this off-duty vehicle use protection from the City's general self-insurance fund (Liability Insurance Fund #226). This ordinance creates a separate Fund for that purpose which is codified at Chapter 2, Article 14, Section 2-170.13 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Chapter 2, Article 14 of the South Bend Municipal Code shall be amended to add a new Section 170.13 which shall read in its entirety as follows: Sec. 170.13. Take Home Vehicle Fund (a) The. Police Take Home Vehicle Fund (#278) is established within the City of South Bend to receive monies collected from South Bend Police Department officers participating in the City's Take Home Vehicle Program. (b) The City shall use all monies deposited into this Fund to pay the costs and expenses associated with claims arising from use of Program vehicles occurring while officers are not on duty. (c) If the Police Take Home Vehicle Program should cease to exist, then all monies in this Police Take Home Vehicle Fund shall remain within this Fund for a period of at least two years following the program cessation, to be used for Fund purposes, at which time the Fund can be closed. Any monies remaining in the Fund upon closure shall be used only for general public safety purposes. SECTION II. As of the effective date of this ordinance, the balance of police take home car payroll deductions in Liability Insurance #226 shall be transferred to Fund #278. Upon completion of the transfer, the Controller shall notify the council of the exact dollar amount transferred. 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. l Member of the Common Council ~ ,-~o~~. Presented by me to the Mayor of the City of South Bend, Indiana on the ~~ day of_ r~~ , 2009, atI •`t; o'clock y~. m. ~~~ Deputy/ ity Clerk Approved and signed by me on the Z,~' day of , 2009, at d w o'clock ~.m. .~.,. IVlayor, City o outh Bend, Indiana ~{-(3-~5 1 st READING PUBLIC HEARING `~-2-~"~~ rd READING ~{.L~ -~~ ,JOT APPROVED a S s~~.~t~-~Q.~ REFERRED ( I PASSED ~-Z~ -~~1 0.S S U.b~~~~~-A Filed ni Clerk'e Office APR 2 7 2009 JONt~ VOORDE CITY CLEfiK, 50` ' TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 28-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA CREATING A NEW POLICE TAKE HOME VEHICLE FUND #278 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by a new title.as follows: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE SOUTH BEND MUNICIPAL CODE AT CHAPTER 2, ARTICLE 14, TO ADD A NEW SECTION 2-170.13 ESTABLISHING A TAKE HOME VEHICLE FUND #278 AND TRANSFERRING MONIES FROM LIABILITY INSURANCE FUND (#226) TO THE NEW FUND (#278) Ann Puzzello Chairperson, Committee of the Whole 1400 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CITY OF SOUrH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY Mr. Derek Dieter, President South Bend Common Council 4`h Floor County-City Building South Bend, IN 46601 RE: Substitute Bill No. 28-09 Dear President Dieter: ALADEAN M. DERosE CHIEF ASSISTANT CIT'YATTORNEY Apri127, 2009 Attached for the Common Council's consideration is a substitute version of Bill #28-09 regarding the new Take-Home Vehicle Fund #278. The original Bill #28-09 has been revised to provide for codification of the new Fund #278 with the South Bend Municipal Code, and also to transfer to the new Fund monies within Liability Insurance Fund #226 which were deposited from monthly payroll deductions of police officers participating in the Take-Home Vehicle Liability Program. Either Controller Catherine Fanello or City Attorney Charles Leone will present this substitute Bill to the Common Council. Thank you for your consideration. AMD/sra Sincerely, t~ Aladean M. DeRose Chief Assistant City Attorney TEIOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH JEFFREY M. JANKOWSKI LAWRENCE J. METEIVER ,JEFFREY L. SANFORD JOHN E. BRODEN