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Home My WebLink About05-26-09 Common Council Meeting Agenda & PacketAGENDA REVISED SOUTH BEND COMMON COUNCIL BOARD OF PUBLIC WORKS MEETING ROOM 13TH FLOOR TUESDAY, MAY 26, 2009 5:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: D T T T TT (l 35-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST-ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 27-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF SECTION 6-26 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS 8. BILLS, THIRD READING RTT~T~ NO. TIME: 35-09 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET . SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 27-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH .BEND, INDIANA, AMENDING CHAPTER- 6, ARTICLE 6, SECTION 6- 26.4(c), LOW VOLTAGE PERMIT FEES, OF THE SOUTH BEND MUNICIPAL CODE 9a RESOLUTIONS BILL N0. 09-38 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 09-39 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIATOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT NEGOTIATIONS 09-40 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION 10. BILLS, FIRST READING BILL N0. 36-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, CONCERNING THE CONSTRUCTION OF IMPROVEMENTS TO THE MUNICIPAL WATERWORKS OF THE CITY OF SOUTH BEND, INDIANA; AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR SUCH PURPOSE IN THE PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION TWO HUNDRED THOUSAND ($6,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 37-09 FIRST READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET 38-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING .FUNDS FOR CAPITAL EXPENDITURES FOR THE FISCAL YEAR 2009 FROM THE WATER WORKS DEPRECIATION FUND (#622) AND THE SEWAGE WORKS DEPRECIATION FUND (#642) 39-09 FIRST READING ON A BILL COUNCIL OF THE CITY OF SOD'. AMENDING ORDINANCE N0. APPROVED TEAMSTER EMPLOYEE 2010 BY ADJUSTING WAGES OF OFF CLERK OF THE COMMON CH BEND, INDIANA, 9822-08 WHICH WAGES FOR 2009- WATER WORKS SHUT 11. UNFINISHED BUSINESS A. REPORTS FROM AREA PLAN COMMISSION 1. BILL N0. 62-08 - REZONING - 3454 DOUGLAS ROAD 2. BILL N0. 20-09 - REZONING - 3423 AND 3507 S. MICHIGAN ST. 3. BILL N0. 23-09 - REZONING - 614 E. IRELAND RD 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO ~ THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEYFOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: -LOTS 271, 272, 273 OWNED BY INDIANA BELL TELEPHONE CO. -LOT 280 OWNED BY INDIANA BELL TELEPHONE CO. -LOTS 289 AND 282 OWNED BY MARY COYNE INVESTMENTS LLC ALL WITHIN ABOVE REFERENCED PLAT Section IV. The purpose of the vacation of the real property is TO PROVIDE BETTER ACCESS, SECURITY, AND SAFER TRAFFIC FLOW OF THE REDESIGNED PARKING LOT ADJACENT TO THE AT&T BUILDING AT 307 SOUTH MAIN 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. Member of the Commo Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. Mayor, City of South Bend, Indiana 1 sfi P.EADING PUELIC ~iEARING ?. rd READING ~;OT APPROVED REFERRED PASSED ~iic~ [>'7 ~I~t°~c'~ ~ffi~e i,.q ~Y - 6 2009 dOYN VOCRDE CITY CLEt~K, E0. BEl~O,1N. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 74 FEET. SAID ALLEY IS A PART OF THE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA B. THE STREET DESCRIBED AS: NOT APPLICABLE, WE ARE PETITIONING TO VACATE THE ABOVE DESCRIBED ALLEY ONLY NAME (signed 8~ printed) Judy Jankowski - AT&T ADDRESS 307 S. Main Street. Suite 145 South Bend. IN 46601 LOT # 271, 272, 273, 280 PRESENTERS: Judy Jankowski-AT&T or Larry Prickett-ATS~T Project Manager (574) 234-7626 240 N. Meridian Street, Room 120 Indianapolis, IN 46204 (317) 265-4403 CONTACT PERSON (S) NAME: Eric W. Tiahrt, P.S. -Jacobs RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ADDRESS: 30800 Telegraph Road, Suite 4900 Bingham Farms, MI 48025 PHONE: (248) 633-1475 ~I ~~e~ ._-~----- t~1 AY - a 2oa9 ~G~Ksa ~a~~~~~~~: i ,~ - ,~n.Ta I I ! I I I I 18-3008-0261 I o I I I I I I I I I I I I I ~ ~ I I I I ~ ~ I Q I I ~ U I I ~ j i i ~ I m W I o1B-3006-0269 I I m ~ I I O I I F- I I I W 1 I J I . I I I ¢ I I I I I M 8.3008-0266 I I o I I - I I I I I 18-3008-0262 00 ~ 1 / A - 18-3008-0263 / 0 / / o / 18-3008-0264 0 ~ i / ~ X18-3008-0266 I 0 " , 18-3000-0266 0 ° ~ 18-3008-0287 ~ ~ LEGAL DESCRIPTION e; h L t W . ry` ~ 4,~ 3 0 N O 4 1 ~a ~ ~, .~ f.~ Q (} 4! ca v The alley to be vacated is the first North/South alley West of Maui Street from Wayne Street South to the first East/VJest alley for a distance of 198 feet, more or less and a width of 14 feet. Said alley is a part of the Original Plat of the Town, now City of South Bend, Portage Township, St. Joseph County, Indiana. . , ~ ~~j ~~ (J4yN~4 ~c ~~f;IC.tAiG .~E~1~~ v h ,~~ --- ~ _- - ~---- -- .. - .-..._.._...._.._......_._...._ ._. ..~~3L~H-~lat~~`..~'~~N~P~ri.J . -:I-.._._..__ _.-_ ----L.1_l...~~~-~.-s.__.~.~.E~~N~I~S(.,_-~~~~c~ ~~ E'~-.._ .._.... ---_.._...----.. --- ----- ...Ec~'.'tS LC'S~_~~_V~~iCC111_JC'7:1~_..._..- -----...---._...-~-~----- ~---.-_._._..__... ----....... ... ^~ ._~.~~-~~~.-1~2r~--- ^ -- I z~-~~ ~ti-~- ~.~. l Ec.~P~oti~Co__~~.~~~ . _ _1~I~s.~l~+a~_ct~ L~~~-~s~:~~~ ~~~ ._. _..U~~ - ~t.1_._1~~~:~R,_- ~a~%1 _~~'~-,i~1-~1 r~'a~,s~~~N // M1 ' ~ ~Rrt`.~)~ ~ ~~ ;, ~~~-_-~~-~2~ -......- •.-.~ 4 -----tu~c,4r~A-~~zt, ~EZE~'~ra~~~~-. "~~~V~l't~."n~~ Ew~~,ra --._-. .- ., . ---. --- -- _..- __~~c~_i ~.P~ P~-_S~.~~4.9D~------ ------- -- i pr~~c~~-- _.____..---~---- _. -_. __.~~~~~_!?~a-«.~~t-.~;-nor.-_.-. __ .. ._.--- -~~--------- -Df~..-~~~-~~~.~~__.._._.......... _.. ~__LQXi~~rJu~ ~i22~??~~I.L.G._-___.----------~ - ' .._.~s~~c27~~~~.~-_ _........ _ _-.._ __ -------~ --- r._....----._.____.. -~-----. ._..........--------------------------..... -f.?~-~%~~Q2~~ _. __...........__. _....-----.._.._.......---- -----...--~------- ------- __~RS-c-~k~l~~~~~usr~o ~T~sr~.-._._..._ _..-_._..-------- ---'3`28 LAMA--~ - -- ~! ~.~_x~t '~t~2 _--- ---------..__.._ acg -3c~o8~~2~~ _-----_ _...__._F~~s~ ~~~-z~o%~r-~ - T2r.~s7~E` --- ----tln~.r~u ~.._lar--------.. _ _-... _..._~~u, _ _ ~6OZ ...--- -- --. -....--- -- __--------- ----LAFA-~t~;~~ ~J.---.._..._ ....... _ _.._... _ ~~?~~~ ltd-~6~~__..._ _._.__...._..^_._._ ._ LoT 2.~7..._~P..~~------ ----- --- -~L~~r.1- - --._...~_(.9...~r_~---- -----.._.. - -- ~:~~~ ~~. ItJ ~~661 - -----~°~m-~~~tJ~bE~G -~ ---... cP~~{~+~ ._.s~.Z_X~~r~ ~-~~7~- _...-------- ---- -.-...-. bP S;.~hr(~evn .~~_ -- --- ---- - -~l ~~° ~-. ~..~-- ~ -- - - -------------- --- - - -- -----..- -----.._.~25_~~r?~-------------._..... -- -~1 ~ 4 -( ~ rscv 1~9~E~x~uy -~~ r~ lt~___...-- --- ... . i ----~--------.1 3g'n~5~ne ~T G_`1 ~_ b~..~r~~t~~~~l .. .. ------._--..... .....------------------~ -...-------------~----._.....-_.._ ................_._-...--------- _ n (~' ~/f --~---__.------- f~~~~2~~c.~' ---._....-_. --- -..-.._ ......-----._..._.__...__ ...............-....--._._._...__..-._._._.__.....---- - --.~~~ .._-...-.-....... ...._~~.~-~~~2 ~6 ---~- --.Gk~ S Rent,-~..,-.l%x~-_...-_....-_....__._.-----.----- ....-- ------ .. __.... ~~--~ .!~~H-ttJ . _..-.....--------- ---- ---- ------~R~...~c_~5__~---------- - -- .-.._.....-.__..._....._ _Lu~2~6_c~t?'~V~~GC~Sa-~Px~,ca -- --- ----- ...............__..-----------------_-_._..-_-_-__._......._ .--_ -- -_._---- __ -_._._ ...~_- ~a;~4---~- f~'da' 1~ ___ _._ - _ ._ - 1':~~~ ~y1"+? -_..-.. ~ ~ F ~~- ~oUJ _..__ -_._ .__ _~~. / - _ F y -~~ ~;a 4Q• ___.....-.._.__...__-~.... .....___-___ .................- __._-..-_ -._____._._..-- _.. ... _-_ _.._-_ -- :Cj -.~i -...... -. ~~f:(~. ~~. ~~ ~ F ._. .. ~ aia" ,. .. ..., ...,..~ 30800 Telegraph Road, Suite 4900 Gingham Farms, i~l 48025 (248) 633.1 X40 Ph (248) fi33.1414 Fa>: Date: May 6, 2009 COVER LETTER TO THE COMMON COUNCIL OF SOUTH BEND, INDIANA Submittal of Ordinance and Petition to vacate an alleyway at 307 S. Main Street To the Common Council: AT&T is proposing to vacate an existing alleyway in downtown South Bend. AT&T operates telecom equipment at 307 S. Main Street. AT&T is proposing to improve the parking lot layout and thereby provide safer traffic flow by installing new gates, fencing, and creating more efficient parking space distribution. Jacobs, as AT&T's Engineer has completed the engineering design for the parking lot improvements, which will be submitted to the City for approval after the alley vacation is approved and recorded. Sincerely, ~- ~~1`! , Eric W. Tiahrt, P.S. Jacobs Consultants, Inc. ~I~~.~ ~iJ ~~~? ~a a ~ s rh ~~ - a 2aag 41.i'ii~ UrQ;i'~t~'~ Carter !~ F3€srcyess, Inc. Carter Y: F3urgess ~carxseattants, htc. CAE: A[•eh@tects/~nr~€neers, 6rtc. CF4E3 Arcts~tec4sl~nyirsee~'a, P.C. CS.B #deYad~, inc. 1316 COUNTY-(riTY BLIILDING 227 W'. JEFFEILSON BOULEVM~D SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LtIECKE, MAYOR i7OARD OF PUBLIC WORKS March 23, 2009 Mr. Erick Tialu-t Jacobs Engineering Group 30800 Telegraph Road, Suite 4900 Bingham Fanns, Michigan 48025 PwoNE 5741235-9251 Fnx 574/235-9171 TDD 574/ 235-55C7 RE: Alley Vacation -First North/South Alley East of Lafayette and West of S. Main, from Wayne to the First East/West Alley (Preliminary Review) Dear Mr. Tialu-t: The Board of Public Works, at its March 23, 2609, meeting, reviewed comments by the Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police Department, Solid Waste Division and the City Attorney's Office. The following comments and recommendations were submitted: Area Plan stated that the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. You will need a radius Inap showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony Molnar at (574) 235-9254 prior to picking up your radius maw Once you pickup the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, 1 Llnda M. Martin, Clerk c: ~ Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARYA. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER i. P. 1 ~ ~ ~ Memory TX Result Report (Feb. 19. 2009 4:SOPM) ~ m i) BRD PUB WORKS & SAFETY 2) BOARD OF PUBLIC WORKS & SAFETY bate/Time: Feb. 19. 2009 4:4$PM File Page No. Mode Destination Pg(s) Result Not Sent ---------------------------------------------------------------------------------------------------- 4627 Memory TX NIPSCO P. 2 4K Area Plan Commission OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or 1 ine fai 1 E. 2) Busy E.3~ No answer E.4 No facsimile connection E.5 Exceeded max. E-mail size ~~ g ~ 'm b o ~ m ~ 4 = w R ~^ ~g • ~ ~_. n'~ R ~~ ~c 3 (m(33 N E O Ft ~ ~a a as a ® ~ ~ n II~`fBR-®FFI~E PNEM4NDlJ~ B~AR® ®F PIJBLI~ VIIORKS TO: Car! Littrell, Engineering Department John Byorni, Area Plan Commission (ibyorni a~co.st-Joseph.in.us or 235-9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development . Federico Rodriguez, Fire Department Andre Price, Solid Waste ' Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NlPSCO (irbettinCa~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation -Alley Vacation Location: First NorthlSouth Ailey east of Lafayette and West of S. Main, from W. Wayne to the First East/West Alley (Preliminary Review) DATE: February 19, 2009 ®UI~: March 2, 2009 FAX OR E-MAIL TO:, 235-9171 1 Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIORIS: <~ J7 ~ e~ G. ~ r ~Y ~ J' .~, ~ 1~; e r~ •~'as ~ h ; ~ ,~,ca, •c_,v, ~:.apF, 1~ 5 ~ q~ y, y j". BY: 1.7~~ ~~~/-~~-.a DATE: ~- ~~3'.:~/rs t~ Page 1 of 1 ~,I~SE~ PJl~~9[1 ° 6~.~': V~Ca~9®~'i - a~8ar~ ~~ ~~tia~e~~ f91~It~ V!la~PP1~ Fr®m: Stephen Goen T®: Linda Martin Date: 2/24/2009 10:56 AM subject: Re: vacation -alley by lafayette main Wayne No objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574)235-7515 (574) 235-7538 »> "Martin, Linda" <Imartin@southbendin.gov> 2/19/2009 4:47 PM »> This E-mail was sent from "RNP83D994" (C3828). Scan Date: 19.02.2009 16:47:55 (-0500) Queries to: admin@southbendin.gov i k I I file://C:\Documents and Settings\LMARTIN\Local Settings\Temp\XPgrpwise149A3D275... 2/24/2009 ~~°~~ ~4ar~ ~~;~s~s~~i®~ ~t Wit. J®~~~~ ~~s_.a~t~, 1 i40 County-City Building South Bend, Indiana 46601 John W. Byorni Larry P. Magliozzi Executive Director Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 February 24, 2009 The Board of Public Works 13`h Floor, County-City Building South Bend, Indiana 46601 ItE: Alley Vacation First North/South Alley east of Lafayette and West of S. Main, from W. Wayne to the First East/West Alley Dear Board Members: - The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation tivould not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would not hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. Staff recommends that the alley be vacated subject to any further utility or access easements recommended by the Engineering and Building Departments. Sincerely, ~~ :. Joel Klu Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana -_ __ ~;1=RrrFICATE O~ IN~VRANCE PRODUCER - American Specialty Insurance & Risk Services, Inc. 142 North Main Street Roanoke, Indiana 46783 INSURED USA Track & Field, Inc. 132 East Washington Street, Suite 800 Indianapo4is, IN 0.6204-3723 CARE OF SOUTH BEND P.O. BOX 1481 SOUTH BEND., IN 46624 ~ 02/17/2eos THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE I HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. INSURERS AFFORDfNG COVERAGE INS. A: AXIS Insurance (:mm~anv INS. B: INS. C: CERT NUMBER: 1000746556 EVENT CODE• 09 16 001 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS General A re ate 2,000,00( GL AXGL01100182-08 11/01/2008 11/01/2009 Products-Com leted erations A re ate 1,000.00( A 12:01 a.m. 12:01 a.m. Personal and Advertisin In'u 1,000,00( DESCRIPTION OF OPERATIONS/LOCATIONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS Coverage applies to USA Track & Field sanctioned events and registered practices, including any directly related activities, such as event set-up and tear-down, participant check-in and award ceremonies. The Certificateholder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Form AXIS 7003-Additional Insured - j Ceitificateholders.but only with respect to the RUN-TEN-TEN on April 25. 2009 CERTIFICATE HOLDER CITY OF SOUTH BEND AND THE BOARD OF PARKS COMMISSIONER CANCELLATION ATTN: BETSY HARRIMAN SHOULD ANY OF THE ABOVE DESCRIBED 102D HIGH STREET POLICIES BE CANCELED BEFORE THE SOUTH BEND, IN 46601 EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Au I HOR¢ED REPRnnESENTATIVE ' ~~C+ 1 • ~~~')3/02/2009 08' 4;3 FAY•, ~ ~ Ed E7 IfJTE~-®FFI~E NiEfliiORANDUM ®®AR® ®F pU~LIC Wt~~K~ T®: Carl Littrell, Engin®ering Department John Byorni, Area Plan Commission 'b nl cast- ose h.i s or 235-9813 fax) J®ff Gibn®y, Community & Economic Dev®lopment Chris Dressel, Community & Economic D®velopment Bob Mathla, Community & Economic Dev®lopment Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Go®n, Police Departm®nt Cheryl Greene, Gity Attorn®y's Office Jim Bettin, NIPSCO ' tl nisourc mar 284-2220 fax) For Informational Purpos®e only FROM: Linda M. Martin, CI®rk RE: R®quest for Recomm®ndation -Alley Vacation Location: First orth/South I st of Lafa e a d Wes sin fro Wayne to the First EestMl®st Alley (Preliminary Review) DATE: February 19, 2009 DUE: March 2.2009 FAX QR E-MAIL TO:, 235-9171 I Imartin aouthb din, ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. OMMENTS & REC®MMEN PIONS: ~'• BY: Received Time Mar. 2. 9:OOAM TE: ~' C~001i001 i i i ~'3-02-~39 12:08 COi~iNil1NITY DEVELOPh4ENT ID=+15742359697 INTE~3-pFFICE IVIEi~l01~RIDU~fi EOARD OF PUEL.IG 4iV'ORKS TQ; Carl Llttrell, Engineering Department John Byorni, Area Plan Commission (,~byarni _co,st_-ios@ph.in.us or 235-9813 iax) Jeff Gibney, Community & Economic Aevelopment Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Flre Department Andre Price, Solld Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO 'rbettin(N.nisource.com or 284-2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerks~_ i~E: Request for Recommendat'son -Alley Vacation Location: First North/South AIIEV east of Lafayette and West of S. Main, from W. Wavne to the First East/West Allege (Preliminary Review) pAT~; February 19, 2009 ..~. ~ ... pUF; March 2, 2009 FAX OP. E-M,41L TO:, 235.9971 / (martin southbendin.cgoy RETURN RECOMMENDA"I'lON PAGE ONLY. ATTACHMENTS NO7 REQUIRED. COMMENTS ~ RECOMMENDATI/O~~_PIS: v ~ n rh n~~nc~ ~ 1v f q n_O raVc ~ . _--- BY 3 Drass'~, Received Time Mar. 2. 11:29AM TE: 3 ~ ~ ~ ~ 7 P.01 INTER-OFFICE I~EI~®I~!®U~I ~®AR® AF PUBLIC ~®RI~CS TO: Carl Littrell, Engineering Department john Byorni, Area Plan Commission (jbyorni(c~co.st-ioseph.in.us or 235-9813 fax) off Gibney, Community & Economic Development /Chris Dressel, Community & Economic Development ob Mathis, Community & Economic Development ~ederico Rodriguez, Fire Department Andre Price, Solid Waste ~,,~t"ephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(a~nisource.com or 284-2220 fax) For Informational Purposes Only FROIyi: Linda M. Martin, Clerk RE: Request for Recommendation -Alley Vacation Location: First North/South Alley east of Lafayette and West of S. Main, from W. Wayne to the First East/West Alley (Preliminary Review) D~-TE: February 19, 2009 ®UE=: March 2, 2009 FAX OR E-Il~AIL TO: 235-9171 / Imartin(c~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. CONIMENTS ~ RECOMi1~ENDATIONS: BY: ,TE: ~~7~~ _ 4 ~ ` ` ~ t ~ ~~ `V BILL N0.27-09 (SUBSTITUTE) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS PARTS OF SECTION 6-26 OF CHAPTER 6, ARTICLE 6, OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LOW VOLTAGE CONTRACTORS STATEMENT OF PURPOSE AND INTENT On February 9, 2009 the South Bend Common Council passed Ordinance #9902-09 which, among other things, amended various fees charged by the Building Department (Section VI of Ordinance #9902-09). After performing a detailed review of Ordinance #9902-09 regulating the fees for low voltage permits, it has been determined that the fees need to be readjusted and recodified to reflect the actual cost of enforcing and inspecting low voltage installations. It has also been determined that providers of "communication service" should be exempt from the registration and fee requirements of Chapter 6, Article 6, Section 6-26 of the South Bend Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Chapter 6, Article 6, Section 6-26.1 shall be amended to read in its entirety as follows: Section 6.26.1 Definitions and Exemption The term "low voltage contractor", for the purpose of this ~ic-le Section shall mean and include anyone engaging for remuneration in the business of installing low voltage wiring, including but not limited to security, fire, burglary, and surveillance systems; video/audio cable, data, CATV, Fiber Optic, and telephone cables. However, all providers of "communication service" (as that term is defined at Ind. Code 8-1-32.5-3) and satellite television service and entities acting as their agents are exempt from the registration and fee requirements of this Section 6-26. SECTION II. Chapter 6, Article 6, Section 6-26.2 shall be amended to read in its entirety as follows: Section 6.26.2 Regulations (a) Any contractor engaging for remuneration in the installation of low voltage wiring shall be construed as doing business as a low voltage contractor. (b) It shall be the duty of all low voltage contractors including those communication service providers exempt under Section 26.1 from registration and fee requirements, to comply with the Electrical Code adopted by the City of South Bend. (c) Failure to comply with the Electrical Code and all other applicable local, state, and federal laws and regulations shall be grounds for suspension or revocation of a low voltage wiring permit, issued hereunder, and may be grounds for refusal to renew the low voltage contractor registration as well as for any other penalties~rescribed for violation of the Electrical Code adopted by the City of South Bend. SECTION III. Chapter 6, Article 6, subpart (c) of Section 6-26.4 shall be amended to read as follows: (c) Fees. Each application for a permit for installation or alteration of low voltage wiring shall be accompanied by fees in accordance with the schedule below; with the minimum fee of twenty dollars ($20.00). (1) Outlet, termination, and/or jacks $x:99_ a. 25 or fewer, each $3.00 b. Each thereafter $0.50 SECTION IV. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and any publication required by law. I~.L~:~-`t- ~ ~ Ih ~ I lTI- Member, South Bend Comrr;~on Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of , 2 , at o'clock . m. 1st P.EADMG l-t~~~~ PUBLIC HEARING 3 rd READING Nt~T APPROVED PC~ELtE~EI} ~' Mayor, City of South Bend, Indiana ~11~t~ ~t1 ~~~'C~('~ Q~EG® I~~ AY - 6 2009 SC~!;tv'.~D~BE'B CITY C! r~i'tt• CO. E=,'~D, I?~I. 14()0 C.oUNTY-CITY BUILDING 227 W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LLTECKE, MAYOR DEPARTMENT OF LAW CHARLES S. LEONE CITYATTORNEY May 6, 2009 Mr. Derek Dieter President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 PHONE 574/ 235-9241 Fnx 574/235-9892 TDD 574/ 235-5567 ALADEAN M. DERosE CHIEF ASSISTANT Cri'YATTORNEY Re: Bill No. 27-09 Amending the South Bend Municipal Code -Low Voltage Contractors Dear President Dieter: Enclosed is a substitute version of Bill No. 27-09 which is an ordinance amending Chapter 6, Article 6, Section 6.26 of the South Bend Municipal Code. The original version of this Bill revised the fee schedule for low voltage contractors in light of recent data. The substitute version of this Bill creates an exemption from the registration and fee requirements for providers of "communication service" and satellite television service and entities. The substitute version of Bill No. 27-09 further makes clear that these entities are exempt solely from the registration and fee requirements, but not from compliance with the City's Electrical Code. Mr. Charles Bulot will present the substitute version of this ordinance to the Common Council at its appropriate committee meeting and at the public hearing in the Common Council's regular meeting session. Thallk you for your consideration of this matter. Sincerely, ~~~~-~ ,:= ~~ y ~~~ ~~ t Aladean M. DeRose Chief Assistant,.~it~c AMD~CW cc: Charles Bulot yi AY - ~ C.u~'9 THOMAS I.. BDDNAR CHERYL A. GREENE ANN-CAROL HASH JEFFREY M. JANKOWSHI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,. APPROVING THE ISSUANCE OF SCRAP METAL /JUNK DEALER / RECYCLING OPERATION LICENSES FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, Section 4-51 of the South Bend Municipal Code sets forth the regulations addressing the licensing of scrap metal dealers, junk dealers and recycling operations; and WHEREAS, on May 19, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following businesses: Schrock Aggregate Co. 1702 N. Bendix Dr. OmniSource Corp. 1305 W. Prairie Treadstone LLC 445 . Sheridan St. have been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operations Licenses for the year 2009. WHEREAS, the license applications for all above-referenced businesses received favorable recommendations from the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. The license applications for the following businesses: Schrock Aggregate Co. 1702 N. Bendix Dr. OmniSource Corp. 1305 W. Prairie Treadstone LLC 445 . Sheridan St. are approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the properties by the Department of Code Enforcement, Police Department, Fire Prevention Bureau, Department of Water Works, and the Building Department as evidenced by the Ordinance Violation Bureau Clerk's communication to the City Clerk dated May.19, 2009. Section II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Member of the Common Council rRESENTED NOT APPROVED Filed to Cierk'~ C~fifce MAY 1 9 2~9 JOt{N VOORDE CITY GLEfitC, 80.6END, 7N. {~DOPTE3~ Office of the City Clerk May 19, 2009 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455 South Bend, IN 46601 Dear Mr. Dieter, John Voorde, City Clerk Renewal applications for the operation of Scrap Metal /Junk Dealers /Recycling Operations have been received. In accordance with the procedure for the renewal of city business licenses these applications were submitted to the Police Department, Fire Inspection Bureau, Water Works, ' Department of Code Enforcement and Building Department for inspection. The following properties were inspected: Schrock Aggregate Co. 1702 N. Bendix Dr. OmniSource Corp. 1305 W. Prairie Treadstone LLC 445 . Sheridan St. and have received favorable recommendations .regarding fire, code, and environmental compliance; also for proper maintenance of the premises and areas outside the fences, and the height and condition of the fencing. Because the applicants have met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. I will be present at both the committee meeting and the public hearing. I can be reached 574-235- 5935 or what's@southbendin.gov if there are any questions or concerns before that time. Sinter ly, r f ~ ~ Winona Hays ~'~~ Clerk, Ordinance Violation Bureau ~~le~ In ~{~~k'~ C~~~Bce MAY1g~~ I -- JOl':~i ttCORDE ..t44TV,Cl_F~~. F0. ~~~lQ, IN. 455 County-City Building •227 W. Jefferson Blvd •South Bend> Indiana 46601 .5741235-9221 •Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Deputy Ordinance Violation Clerk LICENSE APPLICATION FOR SCRAP I'~IiETAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 I. Check .One: NEW ~_RENEWAL II. BUSINESS DATA ' A. Type of license applied for: . SCRAP METAL DEALER JUNK DEALER C RE-C-Y~CL-ING,OPERATION B. Business Name 11"E'C1~.~~t"1Q ~~..C C. Business Address ~ ~ S l~- ~~.Qr' ~ (~~Y1 ~~' City c~ ~,-}-~1 ~ ~o ~ (~ State ~_ Zip ~(.DS 3~ D. Mailing Address (If different from above) City - State Zip E. Business Telephone Number _ S ~ C~ - a3~- ~.~ ~~ F. Business Fax Number S~ ~ - ~ ~ ~ - ~ So~~ G. E-mail Address H. Zoning of propo: Lot size of premises ~~ G_CJ^ ~S J. Type of fencing used ~( ~~ (~ ~_~ Plrr~~e irviiiii~i.i~ iv r~:;:t~.-v ~ ~~~~k ~rf SI?~e±~ Scrap Metal Dealer/Junk Dealer/Recycling Operation License Application Page 2 . K. Are premises: ~_ Leased by applicant owned by applicant? If leased: Name of owner ~ 1 1'71 Business address 1400 S ~~' ~t N I ~2-S , i~. i ~~ ~ ~~ III. PERSONAL DATA 'n A.. Applicant's Legal Name ~ n t~ ~ K-~ n O re WS B. Residential Address 5 ~.~3 L ~~ V P~~~1 ~~C~ rrr1~4- 1 City ~s rr.~ State ~ Zip ~~_~ ~~_ C. Residential Telephone Number ~~ ~-- ~'~ ~ - ~ ~' ~ ~i D. SSN _ _ E. Date of Birth ~~~ ~ S ~- IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATIO ~A $5.00 P CESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in noway attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section ~-51. _ ~ ~ ~~~ Signature to ~~~~~ En G`F~ir~'x~'~ ~i°~S~E FE3 - 9 2009 2009 Scrap Yard Ordinance Inspections Jp;~~! VbCIF}C~ LKQ, 1602 S. Lafayettte (Recommended) Met with Tony Grant. Mr. Grant was able to provide all required items, and has an excellent video surveillance system. US Scrap LLC, 1420 S. Walnut (Recommended) Met with Blair Melvin. US Scrap was in full compliance with all required items. They have a very good video surveillance system, and had their binders of all purchase transactions, and forms for transactions less than $100. A-1 Auto Parts, 2014 S. Lafayette (Recommend with Reservations) Met with Thomas Brogdon. He does not have a surveillance system set up. He has been closed for business since 2006. He has kept his records from then, but has no current records. He is currently looking for an investor, or he will be selling the business. He is applying for a license to keep his business grandfathered in for zoning purposes. It is very obvious that he is not currently in business, and is not buying junk cars. I would recommend him for the permit, as for the past year he has been compliant, and not been open for business. Alternative Two LLC, 700 W. Chippewa (Recommended) Met with Mashelle Sager. Alternative Two is a tire recycler, and only deal in large quantity (semi loads) with contactors. They do not have video surveillance because they only deal with contractors, and do not purchase from non- contactors. They do not do small transactions. If someone wants to drop off a couple of tires they can, but they do not get paid. They do not keep records of transactions of less than $100, because they do not deal with any small transactions. They do keep records of all purchases from their contactors. Treadstone, LLC; 445 N. Sheridan (Recommended) I met with Ken Andrews. Again, I am not sure why this business has to have a scrap license. They are paid by contactors to take in forklift tires. They then strip the rubber from the tires and make various rubber products from them. They take the metal left over from tires, and throw it in a bin which is collected by Acme recycling. They are then paid by Acme for the scrap. At no point do they do any purchasing for any scrap, tires, or anything else. They are paid both for taking in the tires, and the scrap metal their business produces. They do not have any of the required items, because they do not do any purchasing. If they are required to have the license for whatever reason then I recommend them for a license under the above listed circumstances. U.S. Scrap & Recycling, 1610 Circle Ave. (Recommended) 1700 W. Washington (Recommended) 2014-2016 W. Washington. (Recommended) I met with Mike Morris. This area is used only for storage. There are no employees that work at these sites. They do have scales, but all business is by contactors only. They only deal in large quantities (huge bins/semi tractor loads). They do not deal in walk up/non contactors. (2/11/2009) Winona Hays - Re: Treadstone LLC Page From: David Tungate To: Winona Hays Date: 2/11/2009 7:35 AM Subject: Re: Treadstone LLC Ms. Hays- I have no issues with Treadstone LLC. I approve their license. Dave »> Winona Hays 2/6/2009 11:20 AM »> See Attachement Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs@southbendi n.gov _,,. (2/23/2009) Winona Hays -Scarp Metal Lic Page 1 From: Mark Lyons To: Hays, Winona Date: 2/16/2009 7:54 AM Subj~et: Scarp Metal Lic Approval for the following addresses. Treadstone LLC - 445 N Sheridan St. Alternative Two LLC - 700 Chippewa Ave Shapiro Sales - 2920 W. Sample St. OmniSource Corporation - 7575 W Jefferson Blvd. Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235-9554 Fax (574) 235-5541 ~ (3/13/2009) Winona Hays - Re: Business_Licenses_ __ Page 1 From: Stephen Goen To: Winona Hays Date: 3/13/2009 9:50 AM Subject: Re: Business Licenses Winona, I check all my paperwork, I only recieved an application for Treadstone LLC, but did not receive paperwork for the other 2. Treadstone was approved. This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235-7515 (574) 235-7538 »> Winona Hays 3/11/2009 12:39 PM »> Hello, I just completed an audit of the BL files and I am missing approval/denial statements for your department for the following companies: Shapiro Sales Steve & Gene's Treadstone LLC I hope to have all the licenses completed and issued by the end of March, please let me know if you need any of the paperwork resent. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whays@southbendi n.gov l.lCENSE APPLIGATION FOR SCRAP ~#tETAL ®EALERSIJUNK DEALERS/RECYCUfV.G OPERA,TIOt~S CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-57 I. Check One: NEW ~C ,_RENEWAL II. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER C ~_ RECYCLING OPERATION B. Business Name eC'?~~~~Cl'Q ~ ~.-~ C. Business Address ~ ~ ~ l~• ~~'1,P ~-t C~C~ Yl ~~ -- City ^ -~LZ`~'~1 ~ . ~ C~ State =~' Zip D. Mailing Address (lf different from above) City State -- Zip E. Business Telephone Number ~-7 ~ - c~~~- ~ ~ ~~ F. Business Fax Number Jc- ~ ~ - ~ J ~ ' ~ ~oZ~ --_ G. E-mail Address H. Zoning of propo: I. Lot size of premises f ~ ~ ("'r P S ' J. Type of fencing used. ~ ~~ (' irv~~ I~lease Co~~iir~ae iCi €°~~~ ~ (~~ck o$ s~?ee#) LICENSE APPLICATION FOR SCRAP I~tETAL ®EALERS/JUR11~C DER,LERS/RECYCLING ®PER~,TI®N a CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 I. Check .One: NE1N _`~RENEWAL Il. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER RECYCLiNG.OPERATION B. Business Name E ~f~t~,~~C"'1'p~ I.~~.. C. Business Address ~ ~,._.j' C~- ~'~'1~r~ ('~C.~ Yl ~~ City ~zc ~-{-~1 l~ ~ ~ C~ State ~~~ Zip ~(_~~ ~~ D. Mailing Address (If different from above) ___. City State -- Zip E. Business Telephone Number -7 ~ - o~ ~- ~-(~ F. Business Fax Number ,~~ ~ - ~ ?J~' " ~.~~~. G. E-mail Address H. Zoning of propo: Lot size of premises f ~ ~ Ci C'~" ~S J. Type of fencing used ~ ~~ (~ 1'~"..es~~ Please Caiiii'~i.a~ ~G P:~~iv ~ ;tr:~ek Cg slhee¢? LICENSE APPLICATION FOR SCRAP METAL DEALERS/JUNK DEALERSIRECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check One: NEW .~ RENEWAL BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER )C RECYCLING OPERATION B. Business Name (~ F'v~r~~ So~3rC~, ~©rpZ 1^^~`~~ b ~ C. Business Address ) ~ i~c~ ~ • . ~~~~~ 1 ~L_ ' City ~ ~• ~ ~ ~-~ _ ~- ~ `State 1 ~ Zip , D. Mailing Address (If different from above)~41~ ~ c~ . 1~~~~ ~Q~'~"a'1 ~Lit~ City ~ nC' ~ ~.~~~~ O State ~_ Zip -~[~ E. Business Telephone Number of CoG - 4 a ~. - 5 5 x-41 F. Business Fax Number ~~aU -- ~ loq - 351 l ac~~-~;~~-~5~3 G. E-mail Address (Joy ~S~ ~ ~jroc~ ~ ~"~e~~ ct y y1c m ACS C O Y~'l H. Zoning of proposed location M - ~ I. Lot size of premises 45 4 Cr eS J. Type of fencing used ~~a ~ ~ ~ i r~ ~ Please Continue to Page 2 (back of sheet) Application Filed Application Fee Paid Sent to Departments Fire Department ~{ Code Enforcement , Building Dept. al-r( For Office Use Only -~~--Q ~ Water Works c2 -~ (_.c~ -F%Gj ~ ~ Police Dept. - Records ~_~ i ~,^Cj .~ ~ ~ Police Dept. -.Crime Prev. ~3- - SS - F1 ~l Common Council Approval ~ ~~~~~ ~ License Fee Paid ~--~~ License Number ©~i-,~1~a~ Not Approved Reason: Scrap Metal Dealer/Junk Dealer/Recycling Operation License Application Page 2 K. Are premises: Leased by applicant ~ owned by applicant? If leased: Name of owner Business address III. PERSONAL DATA A. Applicant's Legal Name ~~ Y`n'n~ ~jCZV~'C~ ~Gr`pOY'a~\\~ U~ B. Residential Address '-7 5 `~ 5 ~ , J e.~~ erSO r~ ~~ y 4 ' City ~--0 ~' V~ awl Y~~.. State 1 ~ Zip `4 ~ ~ ~ `~ C. Residential Telephone Number ~~ o " t-+ ~ 9 - `~ 3 `~ `l p, may- E. Date of Birth ~ ~ ~ IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION 1, hereby, certify and affirm that all of the information I have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in no way attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. ~-fl-~~ Signature Date SCE ~IZES1 pEts- ............. .=~A hM _IE 5~'FC~~ ~• r..r.... a,.. wmu ~~ ~ _ ~: ~t /. Y~ ~ ~ ~: / I I~++~ ... / ~ . /ice ~ ~ ~, ~~ ~ Nti \ ~.r,~~~ ~ \ ~/ _ 0 ~ •{~ W uw.+ 5' i 4 ~. ~ /..I n7 ~ .~^(/ I ~ ( ~ ~ ~~~ CJ ! ~ Yy NORTH _ Slle Plen OOINO e H ° n PnYY Awrw YYtl yip A fOR APPRWIL \J~ 1 0~ 31 OB ~ w~ui OROnnNO i i t OfT1f1ISOUfCB CO~POfBlIOl1 Cj 'I III ~ e & P PRELIIWARI' 1]u5 PnIM Mnw. Sou1R 6M YWlww !!61] , , , ~ vrz E CORPORATION ~ ~oRSR ISSUE flECORO~ ; ! '~ Office of the City Clerk John Voorde, City Clerk WARNING NOTICE February 10, 2009 OmniSource Corporation 7575 W. Jefferson Blvd. Fort Wayne, IN 46804 Dear Sir or Madam: On February Z, 2009 all Scrap Metal/Junk Dealer Business licenses issued in 2008 expired. A renewal application has not been received for OmniSource Inc. and it is currently operating without a valid license. This is to serve notice that a renewal application must be submitted within seven (7) days from the date of this letter. If an application is not received the City of South Bend may file an action for injunctive relief in the St. Joseph Circuit or Superior Court. Additionally, under section 4-51(0) of the municipal code the city can impose a penalty of not less than two hundred ($200.00) dollars nor more than two thousand five hundred ($2500.00) dollars. If you have any questions regarding this warning notice, or applying for license renewal, please call 574-235-5935 during normal business hours. Sincerely, Winona Hays Clerk, OVB cc: Code Enforcement, City Attorney's Office 277 W. Jefferson RM 455 County-City Building •South Bend, Indiana 46601 • 574/235-9221 • Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski Janice Talboom Winona Hays Chief Deputy Clerk Deputy Clerk Ordinance Violation Clerk ,~'teel I)y~a a~n ics, Inc. 6714 Point Inverness Way, Ste. 200 Fort Wayne, IN 46804 Fax (260) 969-3592 FAX TRANSMISSION COVER SHEET Date: ~ ~ / t - a oo ~ TO: ~J N ~-~ l.. I,J h Q ~ ~ SoU-~-h b e~C, 1 Yl e g 0 V ) Fax: Re: Sender: `~~e-,o..,~~.. YOUSHOULD RECEIVES PAGE(S), INCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL (260) 469-4349. . ~ ~ ~~ ~ ~~ .~ a~ ~~ `~ is transmission is intended for the use of the son to`~dhom it is addressed and mo IMPORTANT WARNING' Th Per Y contain information that is privileged and confidenti% the disc%sure of w/rich isgaverned by applicable law. If the reader of this transmission is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are herebynotified that anydissemination, distribution or copying of this Information is strictly prohibited. If you have received this message in error, please notify us immediately and delete or destroy the re/aced transmission --- Pa e 1 (2/11/2009) Winona Hays - Re: Omnisource Corp Application _ 9 _1 From: Stephen Goen To: Winona Hays Date: 2/11/2009 10:21 AM Subject: Re: Omnisource Corp Application No objections This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly prohibited. Lt. Stephen Goen Traffic Commander St Toe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574) 235-7515 (574) 235-7538 »> Winona Hays 2/11/2009 10:14 AM »> Please see attachment Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 wha s a southbendin.gov ~~ 3C ~L ~ ~l`~I ~~~~~~®1'~ Inspected by: Cpl. Aaron Cassel - South Bend Police Department Crime Prevention Unit 235-9401 Omnisource 1305 W. Prairie (Recommended) I met with Craig Sarber. He gave me a tour of the new facility, and the fancy electronic data base that they will have. They are not currently open for business, and are still getting things set up. They will be processing each purchase at a kiosk, and getting a photo of the seller that will be included with every purchase and kept on file. ADT is scheduled to install the new camera system (including night vision) on Aug 20c'. He stated that they will have 6 cameras in the processing area alone, and several more around the yard, and building. Their records system will be able to give you a report by name, amount of a sale, or a certain date (just too name a few). I advised them that I would be back in Sept. to inspect the camera system, and make sure everything is up to what they say it will be. South Bend Iron & Scrap, 429 W. Indiana (Recommended) South Bend Waste Paper, 1519 S. Franklin (Recommended) Met with Calvin Manns. South Bend Iron, anal South Bend Waste Paper are -the same company. They do all of the processing out of the 1519 S. Franklin building. They were in compliance with all of the required items. They were able to provide all requested items forme to review. - Gertrude Street Metal Recycling, 3700 S. Gertrude I met with Gary from Gertrude Recycling. He gave us a tour, and was able to show us their updated surveillance system that is recorded on hard drive. He was also able to provide both city forms, and state forms that customers must fill out. They keep all keep all paperwork on computer to.sort, and search much easier. s CS ~ \e 1•~ t i~j ~ ~ ~ ~' S'Lr~ ~~sa(~ ~ ~^AR _ 3 2009 ~c~t~ ~fce ~r ,. ra. °~ ~~~.~, I (2/23/2009) Winona Hays - Re: Omnisource Corp Application __ __ Page 1 From: David Tungate To: Winona Hays Date: 2/16/2009 11:35 AM Subject: Re: Omnisource Corp Application Ms. Hays- - I have no problems or issues with Omnisource. Dave »> Winona Hays 2/11/2009 10:14 AM »> Please see attachment Winona Hays Clerk, OVB 227 W. ]efFerson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavsC~southbendin.QOv (2/23/2009) Winona Hays-Scarp Metal Lic T Page 1 From: Mark Lyons To: Hays, Winona Date: 2/16/2009 7:54 AM Subject: Scarp Metal Lic Approval for the following addresses. Treadstone LLC - 445 N Sheridan St. Alternative Two LLC - 700 Chippewa Ave Shapiro Sales - 2920 W. Sample St. OmniSource Corporation - 7575 W Jefferson Blvd. Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574) 235-9554 Fax (574) 235-5541 LICENSE APPLICATION FOR SCR1~-P METAL DEALERSIJUNFG DEALERSIRECYCLlNG OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Gode Section 4-51 I. Check One: NEW ~ RENEWAL II. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER X RECYCLING OPERATION B. Business Name ~ YY11rlt ~oyrC e,, ~©t^~ar'Q~ `~ O Yti C. Business Address ~ 5`75 ~ . ~ ~ ~~~'-r"56h ~~ U~ City ~'or-~- ~a~l r1~.. State l ~ Zip yto go~i D. Mailing Address (If different from above) City State Zip E. Business Telephone Number ~ CDO - 4 a ~ - 5 s 4 1 F. Business Fax Number ~-l~0 - ~ ~~ ` 35'1 ~ G. E-mail Address a ~'S • 4jY-o~k c~Ks~e.~~ ~ rn~CS C D H. Zoning of proposed location ~' ~ {. Lot size of premises 45 4 Cr eS J. Type of fencing used Cha ~ r> ` ~ n 1~ Please Continue to Page 2 (back of sheet) For Office Use Only Application Filed Water Works Application Fee Paid Police Dept. -Records Sent to Departments Police Dept. -Crime Prev. Fire Department Common Council Approval Code Enforcement "~-lZ-~ ~,~~~ License Fee Paid Building Dept. License Number Nat Approved Reason: LICENSE APPLICATION FOR SCRAP' i'~ETAL. DEALERSIJUNI~€ DEALERSIRECYCLlNG OPERATIO~lS GITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 f. Check One: NEW ~ RENEWAL 11. BUSINESS DATA A. Type of license applied for: `, SCRAP METAL DEALER JUNK DEALER A RECY~~C^^,,LING OPERATION t B. Business Name t,J Y1r~rit~.Joyt^C e,., ~©Y~ Q2~ Y'~"'C"'1 O Y'~ C. Business Address r( `~J'-] 5 ~ . ~ ~ +~4=r'Sbh ~~ U c~ City t--ar-t-- V~.1a~t~ State (~ Zip yla Boy D. Mailing Address (If different from above) City State Zip E. Business Telephone Number of Coo - ur a ~ - 5 5 ~-4 1 F. Business Fax Number 2~(0~ - ~ lad - 35 ~-t ~ G. E-mail Address tea ~'Sy • ~7roc~ ®S~-er_.I c~ V Nct rn ACS C 4 h'l H. Zoning of proposed locafion {~/~ - I 1. Lot size of premises 4rJ 4 Cr eS J. Type of fencing used ~' ha t ~n ` ~ n ~ Please Continue to Page 2 (back of sheet) For Office Use Only Application Filed {Hater Works Application Fee Paid Police Dept. -Records Sent to Departments Police Dept. - Crfine Prev. Fire Department - a ~ Common Council Approve! Cade Enforcement License Fee Paid Building Dept. License Number PJat Approved Reason: LICENSE APPLICATION FOR SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 Check .One: NEW x RENEWAL BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER X RECYCLING OPERATION JUNK DEALER B. Business Name Schrock_ Actgregate Co. C. Business Address 1702 N. Bend ix Drive City South Bend State IN Zip 46628 D. Mailing Address (If different from above) p o Box 7 59 City Wakar 7sa State IN Zip 46573 E. Business Telephone Number (574) 288-5477 F. Business Fax Number (574) 862-4066 G. E-mail Address H. Zoning of proposed location R17 S l n P S 4 I. Lot size of premises Approx. 18 acres J. Type of fencing used .Chain Link Please Continue to Page 2 (back of sheet) Scrap Metal Dealer/Junk Dealer/Recycling Operation License Application Page 2 K. Are premises: If leased III. PERSONAL DATA X Leased by applicant owned by applicant? Name of owner Kuert Concrete Tnc Business address 3402 Lincolnway IIest , South Bend , IN .46628 A. Applicant's Legal Name David L . Schrock B. Residential Address 66448 Cedar Rd City ~ Wakarusa State IN Zip 46573 C. Residential Telephone Number (574) 633-4131 D. SSN E. Date of Birth 11 /02/56 IV. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY LINES, BUILDINGS, PARKING SPACES, LOADING DOCKS, FUEL STORAGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information 1 have given in this application is true and accurate to the best of my knowledge. I further certify and affirm that I have in noway attempted to mislead the City in this application by omitting facts known to me. I have read and understand the regulations of the Scrap.Metal Dealer/Junk Dealer/Recycling Operation/Transfer Station license found in the City of South Bend Municipal Code, Section 4-51. C7(~ Q Signature Date (1/30/2009) Winona Hays - Re: A 1 AUTO APPLICATION AND SITE PLAN Page 1 From: David Tungate To: Winona Hays Date: 1/30/2009 3:31 PM Subject: Re: A 1 AUTO APPLICATION AND SITE PLAN Ms. Hays- I have no problems or issues approving the business license for A 1 Auto or Shrock Aggregate. Dave »> Winona Hays 1/28/2009 3:00 PM »> See Attachment Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whaysC~southbend i n. Qov (2/2/2009) Winona Hays- Re: Schrock Aggregate Co. 2009 Application _ __ Page 1 From: Stephen Goen To: Winona Hays Date: 2/2/2009 9:59 AM Subject: Re: Schrock Aggregate Co. 2009 Application approved This message may contain confidential and/or proprietary information and is intended for the person/entity to whom it was original addressed. Any use by others is strictly. prohibited. Lt. Stephen Goen Traffic Commander St Joe Co. Fatal Alcohol Crash Team South Bend Police Department -Traffic Investigations 701 W. Sample St South Bend, IN 46601 (574)235-7515 (574) 235-7538 »> Winona Hays 1/30/2009 12:16 PM »> See Attachments Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavsCa~southbendin.gov LICENSE APPLICATION FOR SCRAP IViETAL ®EALERS/JURlK DEALERS/RECYCLING OPERATIONS CITY OF SOUTH BEND, INDIANA South Bend Municipal Code Section 4-51 I. Check One: NEW X RENEWAL II. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER X RECYCLING OPERATION B. Business Name Schroer ActgrPgate Co. C. Business Address 1702 N. Bendix Drive City South Bend State IN Zip 4b628 D. Mailing Address (lf different from above) 0 Box 759 - City Wakarusa __ State IN Zip 4b57 E. Business Telephone Number (574) 288-5477 F. Business Fax Number (574) 852-4066 G. E-mail Address N/A H. Zoning of proposed location r~tl G; naGS I. Lot size of premises Approx 18 acres J. Type of fencing used Chain Link Please Continr.~e to Page 2 {back of sheet) For Office Use Only ~, Applieation~Filed 1- 3~"- C~fi Water Works.Approval . ~`Apphcation Fee Paid _ 1- ?~'; - ~;~ i Rolice; Dept Approval :~ . Serit;to:De t _ j ;~: .Comman:CouricilRpproval _. ~ ,. Flre Dept : License Fee. Paid Cocle:Enforcement .. ... 2 - `~- d~ License Nurimber: . Building .Dept .. . . Not Approved Reason: RcT ~ +nF 4 ~ V l4 .u'~y: F Eg - 9 2009 ~pft~ t~~c~ar~e t~. Shapiro Sales, 2920 W. Sample St. (Recommended) . Met with Nathan Adamczyk. They do not have video surveillance because they do not deal with any walk up business. They only deal in large quantities (semi-truck size loads). They do keep records of all purchases brought in, and do not deal with transactions under $100 dollars. Schrock Aggregate, 1702 N. Bendix (Recommended) Met with Dave Majors. Schrock only deals in large amount (truck loads) of gravel, concrete, and sand/dirt. They do not deal any scrap metal, or take walk-ups. Therefore they do not have video surveillance of transactions, or keep records of transactions off less than $100. All of their business in contactors, and they keep records of all of their sales to these contactors. (3/16/2009) Winona Hays=Re:_Schrock Aggregate _ _ ___ Page 1 From: Mark Lyons To: Hays, Winona pate; 3/13/2009 3:03 PM Subject: Re: Schrock Aggregate Shrock Aggregate Co. Approved South Bend Iron & Metal Approved South Bend Waste Paper Approved »> Winona Hays 3/11/2009 1:55 PM »> see attached Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavsCa~southbendi n.oov ~, (4/8/2009) Winona Hays - Re: Scrap Approvals _ ____ _ Page 1 From: Federico Rodriguez To: Winona Hays Date: 4/8/2009 8:56 AM Subject: Re: Scrap Approvals Winona, You can go ahead and approve their license and I will see how soon the inspector can get in there. Like I said there were no violations last inspection. Federico "Chico" Rodriguez Assistant Chief Fre Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodrig u@southbend i n.gov »> Winona Hays 4/8/2009 8:44 AM »> Federico, Robert called me yesterday and told me that Omnisource had passed inspection and that the report was on the way, there was no mention of the one from Treadstone, but I'm glad it was completed as well -that will get those two off my desk. There is an issue with Schrock Aggregate though - I need the inspection or I cannot approve their license. July is just too long to wait, please schedule it for the next few days - I want to include this with the April 27th meeting, which means that I need the inspection report by April 19th because I have a filing deadline of noon on Monday the 20th.. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs@southbendin.oov »> Federico Rodriguez 4/8/2009 8:30 AM »> Winona, concerning the addresses below you should of gotten already the application for the Prarie Ave. 1702 N. Bendix is due for there yearly inspection in July but the inspector said that he found nothing wrong last year and he expects to find this area find again. You will be getting the application for 445 N Sheridan soon as it was inspected 4-07-09. Have a good day! Federico "Chico" Rodriguez Assistant Chief Fre Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodriou@southbendin.gov »> Winona Hays 4/6/2009 i:39 PM »> Treadstone 445 N. Sheridan St. South Bend, IN 46530 Schrock Aggregate Co. 1702 N. Bendix Dr. South Bend, IN 46628 OmniSource Corp. 1305 Prarie Ave. South Bend, IN Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavs@southbendin.oov I (4/8/2009) Winona Hays - Re: Scrap Approvals ___ __ _ Page 2 »> Federico Rodriguez 4/6/2009 12:52 PM »> Winona, I wish also that I could get all of the inspection done for you but reality is we have 6000 places to inspect. Could you give me addresses for these places and I will see what I can do to get them done. I think that Omni place is one that we are having trouble finding some one to let us in. And we need a local address for it. Federico "Chico" Rodriguez Assistant Chief Fire Prevention South Bend Fire Dept. 1222 S. Michigan Street South Bend,In. 574-235-7564(0) 574-235-9305(F) frodriguC~southbendi n. Qov »> Winona Hays 4/6/2009 10:38 AM »> Hello, I really wanted to get these done last month - so hopefully I can get these last 3 approvals within the next few days. (??) Treadstone LLC Schrock Aggregate Co. Omni Source Corp. Thank you for your time and effort in getting these through. Winona Hays Clerk, OVB Z27 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavsC~southbendin.gov LICENSE APPLICATION FOR SCRAP METAL ®EALERSIJUN~ ®El~LE6~S/RECYCLING ®PERATI®t~S CITY OF SOUTH BEND, [NDIANA South Bend Municipal Code Section 4-51 Check .One: NEW x RENEWAL II. BUSINESS DATA A. Type of license applied for: SCRAP METAL DEALER JUNK DEALER X RECYCLING OPERATION B. Business Name Schrock Act~re ate Co. C. Business Address 1702 N. Bendi~: Drive City South Bend State IN Zip 46628 D. Mailing Address (If different from above) P 0 Box 7 59 City WakaruGa State IN Zip 46573 E. Business Telephone Number (574) 288-5477 F. Business Fax Number (574) 862-4066 G. E-mail Address N/A H. Zoning of proposed location _ Tau G; n P~ s L Lof size of premises Approx 18 acres -- J. Type of fencing used Chain Link Please Continue to Page 2 (back of sheet) ~~~~ ~~ ~ ~~ 3`~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING AN AGENT/NEGOTIA.TOR TO REPRESENT THE COMMON COUNCIL AND ADDRESSING THE CITY ADVISORY NEGOTIATING TEAM FOR THE 2009 POLICE DEPARTMENT AND FIRE DEPARTMENT NEGOTIATIONS G~l~ii~eaa, pursuant to Indiana Code § 36-8-3-3(d), the Common Council has the exclusive authority and mandatory duty to fix, by ordinance, the annual compensation for all members of the South Bend Fire Department and the South Bend Police Department; with the Indiana judiciary ruling that the "Common Council of the city has the sole authority to set the salaries of the police and fire departments..."; and ~~in~eaa, pursuant to Indiana Code § 36-8-4-4, the Common Council has authority addressing additional compensation matters with the Indiana Court of Appeals ruling that the Common Council was vested with the sole authority to fix the amount of clothing allowance and that annual cash allowance for clothing is considered compensation; and ~l~i~aa, the Common Council acknowledges that the Board of Public Safety has certain responsibilities over the Police and Fire Departments under Indiana Code § 36-8-3-2; and ~1~~aa, the Common Council received a letter from a representative of the South Bend Firefighter's Association Loca1362, and also received a letter from a representative of the Fraternal Order of Police, South Bend Lodge No. 36, with each union requesting to begin negotiations; and ~~~ra, this Resolution will formally appoint the South Bend Common Council's Agent and Chief Negotiator on all matters of compensation and all other monetary items- subject to the' upcoming negotiations with the Negotiating Teams representing the sworn members of the South Bend Fire Department and the South Bend Police Department; and '~1~~eab, the Common Council is mindful of past successes where a Chief Negotiator acts as the Council's Agent in representing their interests, who would in turn appoint an City Advisory Negotiating Team and work with the Board of Public Safety's Agent and provide updates to the Common Council during executive sessions called for the exclusive purpose of discussing strategy with regard to collective bargaining pursuant to Indiana Code § 5-14-1.5-6.1(b)(2)(A); and ~fiexeaQ., the City Advisory Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and ~i~ecza, the South Bend Common Council believes that the adoption of this Resolution and the upcoming process will promote positive and harmonious labor negotiations, during very difficult and challenging fiscal times. 2009 Fire and Police Negotiations Resolution Page 2 ~ou~, C~~1~e~~xe, ~e rt xeao/ e~ , by the Common Council of the City of South Bend, Indiana, as follows: Section I. The Common Council of the City of South Bend, Indiana, appoints Kathleen Cekanski-Farrand, a local attorney, as its Agent and Chief Negotiator for the upcoming labor negotiations with Fire Negotiating Team, representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL-CIO and the Police Negotiating Team, representing the Fraternal Order of Police, Lodge No. 36. Mrs. Cekanski-Farrand shall be the City's Chief Spokesperson and negotiator concerning all matters related to annual compensation, specialty pays, monetary fringe benefits, working conditions and related items which have a fiscal and/or budgetary impact. Section II. The Council's Agent shall coordinate matters of strategies, research and background preparation, negotiation times, scheduling of executive sessions, contacting resource persons and other matters in consultation with the South Bend Common Council and City Administration. The Council's Agent shall work closely with the persons appointed to the City Advisory Negotiating Team and shall coordinate and work closely with the Board of Public Safety's Agent and Chief Negotiator throughout the upcoming negotiations. Section III. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Derek D. Dieter, ls` District Henry Davis, Jr., 2° District Thomas LaFountain, 3r° District Ann Puzzello, 4u' District Dr. David Varner, 5`~ District John Voorde, City Clerk S z~ ,b~ PRESENTED 1s10T APPROVED ~DOPTEI~ Oliver J. Davis, 6 District Al "Buddy" Kirsits, At Large Timothy A. Rouse, At Large Karen L. White, At Large ~~~ ~~~ ~ ~ ,2009. Stephen J. Luecke, Mayor City of South Bend, Indiana ~~~~~~ - C~~~i~® r.._ __.~..__. ~,.,~:_._..._M __...._._~.. ti O~s~1ij ~H~Bi``I.O • \~~ ~%, ~ City of South Bend ~~\\ \ PF~A~CE / ~~ ~ • ~. -~ a Common Council • 1865 • 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District May 15, 2009 Members of the South Bend Common Council 4tb Floor County-City Building South Bend, IN 46601 (574) 235-9321 Faz (574) 235-9173 TDD (574) 235-5567 http://~vww southbendin.gov Re: Resolution to Appoint Council's Agent ~ Chief Negotiator for the 2009 Negotiations with the Police and Fire Labor Negotiations Henry Davis, Jr. Dear Council Members: Second District Thomas LaFountain This a negotiating year with the negotiating teams representing the sworn Third District members of the South Bend Police Department and the South Bend Fire Department. . Ann Puzzello Fourth District The attached resolution would appoint the Council's Agent and Chief i~Tegotiator for these negotiations. David Varner Fifth District I recommend that this Resolution be referred to the Council's Health and Public Safety Committee for discussion. I seek your support and approval. Oliver J. Davis Thank you. Sixth District ~~) Al "Buddy' Kirsits Most sincerel , '4~ ` At Large . Derek D. Dieter Timothy A. ~ Rouse Council President At Large Attachments Karen L. White At Large cc: Mayor Stephen J. Luecke Police Chief Darryl Boykins Fire Chief Howard Buchanon II Board of Public Safety ~;1~ N~~ o~-~~ RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the "Act"), on May 1, 2009, approved and adopted its Resolution No. 2580 (the "Declaratory Resolution") amending the acquisition list in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area") and amending the West Washington-Chapin Development Area Development Plan (the "Plan Amendment"); and WHEREAS, the Plan Amendment calls for the addition of the Hansel Center, located at 1045 West Washington St., South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the "City"), on May 19, 2009, adopted and approved a resolution, a copy of which is attached hereto as Exhibit A, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the "Plan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and WHEREAS, the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this 26th day of May, 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council Attest: S'!Ciil?~~ Of ~.~"t'.-~~ ~~! e~ OT1Z~~ ~+~ ~Ts^.+sdi ~+', coo! py ,~,, ,.^ ~"~~ s•„ E~~~tin~ and V'~.S~slsda b.>~.tl~ E•'Jtl City Clerk COU11Cil a0it0110n thiS'tssu8. Find in C4~e'~'~ ~~~~~ • -; NTED 5~-2-~°~~~ MAY 2 0 2oG9 ~~t_~ NOT APPROVED. 1CRt1 VL'Cr~vE 'p.DOPTER '` CITY CtE.C+K, uC• 2END, iR. Exhibit A (Plan Commission Order) RESOLUTION NO. / ~ _Qq RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMMSSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the St. Joseph County Area Plan Commission (the "Plan Commission"), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the "City"); and WHEREAS, the South Bend Redevelopment Commission (the "Commission"), is the governing body of the South Bend Department of Redevelopment (the "Department"): and WHEREAS, on May 1, 2009, the Commission approved and adopted its Resolution No. 2580 entitled "A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED" (the "Declaratory Resolution"); and WHEREAS, the Declaratory Resolution amends the acquisition list contained in the West Washington-Chapin Development Area Development Plan (the "Plan") for the West Washington-Chapin Development Area (the "Area"), identifies a parcel located within the Area as a parcel necessary for the implementation of the Plan and adopts an amendment to the Plan (Exhibit A to Commission Resolution No. 2580) (the "Plan Amendment"); and WHEREAS, the Commission has submitted the Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of Indiana Code 36-7-14 (the "Act"); and WHEREAS, pursuant to the provisions to the Act, the Plan Commission desires to issue its written order approving the Declaratory Resolution and the Plan, as amended by the Declaratory Resolution; NOW, THEREFORE BE IT RESOLVED by the St. Joseph County Area Plan Commission, as follows: 1. The Declaratory Resolution and Plan, as amended by the Declaratory Resolution, conform to the plan of development for the City. 2. The Declaratory Resolution and Plan Amendment are in all respects approved, ratified and confirmed. 3. This Resolution is hereby designated and constitutes the written order of the Area Plan Commission approving the Declaratory Resolution and the PIan, as amended by the Declaratory Resolution, pursuant to the requirements of Section 16 of the Act. 4. The Secretary of the Area Plan Commission is hereby directed to forward a copy of this Resolution together with the Declaratory Resolution to the South Bend City Connunon Council for its consideration. 5. The Secretary is hereby directed to file a copy of said Declaratory Resolution with the minutes of this meeting. ADOPTED, APPROVED AND ISSUED by the St. Joseph County Area Plan Commission this 19`h day of May, 2009. ATTEST: ~ ") etary Uv ` -2- ST. JOSEPH COUNTY AREA PLAN COMMISSION RESOLUTION NO. 2580 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA AND ADDING ONE OR MORE PARCELS TO THE LIST OF PARCELS TO BE ACQUIRED WHEREAS, the South Bend Redevelopment Commission (the "Commission"), the governing body of the City of South Bend Department of Redevelopment (the "Department"), on October 23, 1987, adopted Resolution No. 818 declaring the West Washington-Chapin Development Area (the "Area") in the City of South Bend, Indiana (the "City") to be an area needing redevelopment within the meaning of the Redevelopment of Cities and Towns Act of 1953, as amended, which is codified at Indiana Code 36-7-14-1 et seq. (the "Act"); and WHEREAS, Resolution No. 818 and the West Washington-Chapin Development Area Development Plan (the "Development Plan") adopted by Resolution No. 818 on October 23, 1987 were confirmed by Resolution No. 824 adopted on December 11, 1987; and WHEREAS, Resolution No. 818 was amended by Resolution No. 908, adopted on February 23, 1990, which expanded the West Washington-Chapin Development Area by adding Expansion Area. No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 1669 adopted on February 19, 1999, which expanded the West Washington-Chapin Development Area by adding Expansion Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2000 adopted on October 3, 2003, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 1; and WHEREAS, Resolution No. 818 was further amended by Resolutions No. 2348 and 2351 adopted on June 19, 2007 and July 20, 2007 respectively, expanding the Airport Economic Development Area to include the area commonly referred to as the MaryCrest/Hurwich Area and therefore effectively amending Resolution No. 818 to remove said area from the West Washington- ChapinDevelopment Area, which removed area shall be referred to here in as Reduction Area No. 2; and WHEREAS, Resolution No. 818 was further amended by Resolution No. 2383 adopted on November 2, 2007, which reduced the West Washington-Chapin Development Area by removing Reduction Area No. 3; and WHEREAS, the Development Plan for the West Washington-Chapin Development Area as adopted by Resolution No. 818 includes a list of parcels of property to be acquired within the West Washington-Chapin Development Area in order to accomplish the Development Plan; and WHEREAS, the Development Plan as adopted by Resolution No. 818 was amended by Resolution No. 990 adopted on May 10, 1991, and was further amended by Resolution No. 1243 adopted on May 6, 1994, and was further amended by Resolution No. 1399 adopted on January 2, 1996, and was further amended by Resolution No. 1436 on July 3, 1996 and said Resolution Nos. 990, 1243, 1399 and 1436 modified the list of parcels to be acquired by adding parcels to the list; and WHEREAS, the Commission now desires to further modify the list of parcels of property to be acquired by adding a parcel of property to the list, such parcel being commonly referred to as the Hansel Center (the "Hansel Center"); and WHEREAS, the Commission previously adopted the Development Plan and now desires to amend the Development Plan to provide for the acquisition of the Hansel Center; and WHEREAS, on March 20, 2009, the Commission authorized the Department to conduct surveys and investigations and to thoroughly study the West Washington-Chapin Development Area within the City; and WHEREAS, pursuant to the Act, the Department has conducted surveys and investigations and has thoroughly studied the West Washington-Chapin Development Area and the Development Plan; and WHEREAS, upon such surveys, investigations and studies having been made, the Commission finds that the Plan Amendment cannot be achieved by regulatory processes or by the ordinary operations of private enterprise without resort to the powers allowed under the Act and that the public health and welfare will be benefited by the accomplishment of the Plan amendment which shall include the acquisition of the Hansel Center; and WHEREAS, the Commission has previously caused to be prepared maps and plats of the West Washington-Chapin Development Area showing the boundaries of the West Washington- ChapinDevelopment Area which boundaries were previously adopted by the Commission (Exhibit B) and which shall remain unchanged by the Plan Amendment; and WHEREAS, the Plan Amendment conforms to other development and redevelopment plans for the City. NOW, THEREFORE, BE TT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby determines that to accomplish the redevelopment of the Area, it is necessary to acquire additional land within the Area, as shown on Exhibit A attached 2 hereto and incorporated herein, such parcel being commonly referred to as the Hansel Center. 2. The Commission hereby determines that the public health and welfare will be benefited by the accomplishment of the Plan Amendment: 3. The Commission hereby determines that the accomplishment of the Plan Amendment will be of public utility and benefit as measured by: a) the attraction or retention of permanent jobs; b) an increase in the property base; c) improved diversity of the economic base; and d) other similar public benefits. 4. The Commission hereby determines that the estimated cost of acquisition and redevelopment of the property being added to the acquisition list is $370,000.00. 5. The Commission hereby determines that the Plan Amendment conforms to other development and redevelopment plans for the City. 6. The maps and plats of the West Washington-Chapin Development Area, showing the boundaries, the location of the various parcels of property, streets, alleys and other features affecting the acquisition, clearance, replatting, replanning, rezoning or redevelopment of the Area, that are to be devoted to public ways, Ievees, sewerage, parks, playgrounds and other public purposes under the Plan, which maps and plats were previously adopted by the Commission, are hereby confirmed by the Commission (Exhibit B). 7. The Secretary is hereby directed to file a certified copy of said Development Plan, as amended, with the minutes of this meeting. 8. The officers of the Commission are hereby directed to submit the Resolution, together with supporting data, to the Area Plan Commission and the South Bend City Common Council, as provided by Section 16 of the Act, for the approval of this Resolution and the Plan Amendment, and if approved by both bodies, the Resolution and the Plan Amendment shall be submitted to public hearing and remonstrance as provided by Section 17 and Section 17.5 of the Act and IC 5-3-1 and after all required filings have been made pursuant to Section 17(b) and (c) of the Act. 9. All orders or resolutions in conflict herewith are hereby rescinded, revoked and repealed in so far as such exist. 10. This Resolution does not affect any rights or liabilities accrued, penalties incurred, 3 offenses committed, or (except as otherwise provided herein) proceedings begun before the effective date of this Resolution. 11. All other findings, determinations and conclusions in Resolution 818, as amended heretofore, shall remain as stated therein. 12. The United States of America is hereby assured of full compliance by the South Bend Redevelopment Commission with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964, as amended. ADOPTED at a regular meeting of the South Bend Redevelopment Commission held on May 1, 2009, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, IN 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission 4 EXHIBIT A RESOLUTION N0.2580 AMENDMENT TO THE WEST WASHINGTON-CHAPIN DEVELOPMENT AREA DEVELOPMENT PLAN ADDITION TO THE ACQUISITION LIST PARCEL ID OWNER OF RECORD ADDRESS 18-1041-1803 South Bend Heritage Foundation 1045 W Washington St Properties LLC South Bend, Indiana such parcel being commonly referred to as the Hansel Center. EXHIBIT B RESOLUTION N0.2580 West Washington-Chapin Development Area Legal Description 1400 COLJNIY-CITY BUILDWG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/ 235-5567 CHARLES S. LEONE ALADEAN M. DEROSE CITY ATTORNEY CHIEF ASSISTANT CITY ATTORNEY May 19, 2009 Mr. Derek Dieter, President South Bend Common Council 4"' Floor County-City Building South Bend, IN 46601 RE: Proposed Addition of the Hansel Center to the West Washington Chapin Development Area Acquisition List Dear President Dieter: Attached for the Common Council's consideration is a proposed resolution which approves an order of the St. Joseph County Area Plan Commission approving a declaratory resolution adopted by the South Bend Redevelopment Commission. This process began when the South Bend Redevelopment Commission (RDC) conducted a study and determined that it is necessary and beneficial to the orderly redevelopment of the West Washington- Chapin Development Area (WWCDA) to add the Hansel Center, located at 1045 West Washington Street, to the WWCDA Acquisition List. The declaratory resolution of the RDC was sent to the St. Joseph County Area Plan Commission (APC) for an order approving the RDC's action. The APC's resolution is now submitted to the South Bend City Common Council for its approval. The Hansel Center is an historic landmark building in the West Washington-Chapin Street National Historic District. It was built in 1925, as a children's dispensary, and later served as a neighborhood center and as the administrative offices of Head Start. .q proposed joint venture between the City of South Bend and the University of Notre Dame would rehabilitate the building to house the Notre Dame Center for Art and Culture. The Institute for Latino Studies and Segura Publishing (a fine art print house which would relocate here from Tempe, Arizona) woulrl support numerous print and arts related community and university projects. Either Bill Schalliol or another staff member from the Division of Economic Development will present this Resolution to the Common Council. Thank you for your consideration. LJM/pap Sinc y, .~. ,. _ - ~„ ---~ a ~ ce J. Meteiver ssistant City Attorney THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN ~~ ORDINANCE NO. An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Construction of Improvements to the Municipal Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Six Million Two Hundred Thousand ($6,200,000); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City") has heretofore established, constructed and financed a municipal waterworks and now owns and operates said works pursuant to I.C. 8-1.5, as amended, and other applicable laws (together, the "Act"). The City's Municipal Waterworks Utility is subject to the authority and regulation of the Indiana Utility Regulatory Commission ("IURC") and has not withdrawn from the I[TRC's authority and regulation. The City will receive ILTRC approval prior to issuance of the 2009 Bonds (as hereinafter defined). The Common Council of the City (the "Council") now finds that certain improvements to said works are necessary; and that plans, specifications and estimates have been prepared and filed by the engineers employed by the City for the acquisition and construction of said improvements (as described more fully on Exhibit A) (the "Project"), which pans and specifications or other pertinent information have been or in a timely fashion will be submitted to all government authorities having jurisdiction, particularly the Indiana Department of Environmental Management ("IDEM"), if and to the extent IDEM approval is required under Indiana law, and have been or will be approved by the aforesaid government authorities and are hereby incorporated herein by reference and open for inspection at the office of the clerk of the City as required by law. The City has obtained engineer's estimates of the costs for the construction of the Project, and on the basis of said estimates, the estimated cost of the Project, including incidental expenses, will not exceed the amount of $6,200,000. The City's Department of Waterworks has prepared preliminary descriptions, specifications and estimates of the costs of the Project and, on or about May 26, 2009, the City's Board of Public Works (the "Board") adopted resolutions whereby they: (i) determined that the Project and the issuance of bonds to provide financing of the Project, together with expenses incidental thereto, are necessary and will be of general benefit to the City and its citizens; (ii) approved the Project and the issuance of the City of South Bend, Indiana Waterworks Revenue Bonds of 2009, in an aggregate principal amount not to exceed $6,200,000, subject to approval and proper action by this Common Council, (iii) recommended to the Council that such bonds be issued, and that the proceeds of such bonds (together with any investment earnings thereon) be applied to the payment of the costs of the Project, together with expenses incidental thereto, including expenses in connection with the issuance of such bonds; and (iv) approved the substantially final form of this ordinance and recommended to the Council the adoption of this ordinance, which sets forth the terms and conditions of the bonds to be issued hereunder. The Council finds that there are not available sufficient funds of the works to construct the Project, and that revenue bonds shall be issued to pay for costs of the Project, including incidental expenses. The Council finds that there are now outstanding. bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the "2006 Bonds") originally issued in the amount of $4,710,000 authorized by Ordinance No. 9603-OS adopted by the Council on July 25, 2005 (the "2005 Ordinance"), now outstanding in the amount of $4,400,000. The Council also finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2002" dated June 1, 2002 (the "2002 Bonds") originally issued in the amount of $5,580,000 authorized by Ordinance No. 9247-01 adopted by the Council on August 27, 2001 (the "2002 Ordinance"), now outstanding in the amount of $4,705,000. The Council finds that there are now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") originally issued in the amount of $2,600,000 authorized by Ordinance No. 9095-00 adopted by the Council on February 28, 2000 (the "2000 Ordinance"), now outstanding in the amount of $1,744,031. The Council finds that there are also now outstanding bonds issued on account of the works and payable out of the revenues therefrom designated as the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds") (the 2006 Bonds, the 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the "Prior Bonds"), originally issued in the amount of $22,500,000 authorized by Ordinance No. 8801-97 adopted by the Council on June 23, 1997 (the "1997 Ordinance"), now outstanding in the amount of $6,120,000. The Council finds that on or about May 28, 2002, the Council adopted Ordinance No. 9328-02 (the "2002 Supplemental Ordinance"), which supplemented and amended the 2002 Ordinance, the 2000 Ordinance and the 1997 Ordinance to permit the City to substitute an insurance policy to provide funds for the Debt Service Reserve Account thereby freeing monies currently held in the Debt Service Reserve Account for use by and improvement of the waterworks. The 2002 Supplemental Ordinance, together with the 2005 Ordinance, the 2002 Ordinance, the 2000 Ordinance and the 1997 Ordinance are sometimes collectively referred to herein as the "Prior Ordinances". -2- The Council now finds .that pursuant to the 2002 Supplemental Ordinance, the City entered into an Insurance Agreement with Financial Security Assurance Inc. ("FSA"), dated June 27, 2002 (the "FSA Insurance Agreement"), and pursuant to the FSA Insurance Agreement, FSA issued its Municipal Bond Debt Service Reserve Insurance Policy No. 29146-R, effective June 27, 2002 (the "2002 Reserve Insurance Policy"). The 2002 Reserve Insurance Policy covers principal and interest payments on the 1997 Bonds, 2000 Bonds and 2002 Bonds, up to the policy limit stated in the 2002 Reserve Insurance Policy. The initial policy limit of the 2002 Reserve Insurance Policy was set at $2,332,703. The Council now finds that pursuant to the 2005 Ordinance, the City entered into an Insurance Agreement with MBIA Insurance Corporation ("MBIA"), dated June 6, 2006 (the "MBIA Insurance Agreement"), and pursuant to the MBIA Insurance Agreement, MBIA issued its Debt Service Reserve Surety Bond No. 48026(2), effective June 6, 2006 (the "2006 Reserve Insurance Policy"). The 2006 Reserve Insurance Policy covers principal and interest payments on the 2006 Bonds, up to the policy limit stated in the 2006 Reserve Insurance Policy. The initial policy limit of the 2006 Reserve Insurance Policy was set at $365,826. The Prior Bonds constitute a first charge upon the Net Revenues (as hereinafter defined). The Prior Ordinances provide that the City may authorize and issue additional bonds payable out of the Net Revenues ranking on parity with the Parity Bonds (as hereinafter defined) for the purpose of financing the cost of future additions, extensions and improvements to the works subject to the provisions of the Prior Ordinances. The conditions precedent to the issuance of additional parity bonds set forth in the Prior Ordinances, as described above, have been satisfied, subject to approval by the State of Indiana (the "State"). The City desires to authorize the issuance of a bond anticipation note or notes hereunder, if necessary, payable from the proceeds of the revenue bonds authorized herein (the "BANS"), and to authorize the refunding of said BANS, if issued. The City desires to enter into a Financial Assistance Agreement, in substantially the form attached hereto as Exhibit B, with the Indiana Finance Authority together with any subsequent amendments thereto (the "Financial Assistance Agreement"), which would pertain to the Project and the financing thereof, if any of the 2009 Bonds are sold to the Indiana Finance Authority pursuant to its Drinking Water Revolving Loan Program (the "SRF Program"); and The Council now finds that -all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds and BANS have been complied with in accordance with the applicable provisions of the Act. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION 1. Project. The City shall proceed with the Project in accordance with the cost estimates, and the plans and specifications heretofore prepared and filed by the consulting -3- engineers employed by the City, which cost estimates, plans and specifications are hereby approved and are hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City.Clerk pursuant to I.C. §36-1-5-4. The actions of the Board taken in connection with the Project are hereby approved, ratified, and confirmed. The Project shall be constructed and the bonds herein authorized shall be issued pursuant to and in accordance with the Act. The terms "works" and "utility" and other like terms where used in this Ordinance shall be construed to mean and include all structures and property of the City's waterworks utility (and its Drinking Water System as defined in the Financial Assistance Agreement) and all real estate and equipment used in connection therewith and appurtenances thereto, and all extensions, additions and improvements thereto and replacements thereof now or at anytime hereafter constructed or acquired). SECTION 2. Authorization of Obligations. (a) The City shall issue its "Waterworks Revenue Bonds of 2009" (the "2009 Bonds"), in one or more series, in an original principal amount not to exceed Six Million Two Hundred Thousand Dollars ($6,200,000) (the "Authorized Amount"), as negotiable, fully registered bonds, for the purpose of procuring funds to be applied to the costs of the Project, including without limitation reimbursement of preliminary expenses related thereto and all incidental expenses incurred in connection therewith (all of which are deemed to be a part of the Project), and the costs of selling and issuing the 2009 Bonds and funding a debt service reserve as described herein. The City reasonably expects to reimburse expenditures for the Project with the proceeds of the 2009 Bonds and this constitutes a declaration of official intent to reimburse expenditures under Treas. Reg. 1.150-2(e) and Indiana Code 5-1-14-6(c). The 2009 Bonds shall rank on parity for all purposes with the Prior Bonds. The 2009 Bonds shall be issued in denominations of One Thousand Dollars ($1,000) or any integral multiple thereof, or in authorized denominations of One Dollar ($1.00) consistent with the requirements of the SRF Program or the Indiana Bond Bank, numbered consecutively from 1 upward, and dated the date of delivery. The 2009 Bonds shall bear interest at a rate or rates not exceeding seven percent (7%) per annum, and interest shall be payable semiannually on January 1 and July 1 in each year, with the beginning date of interest payments being finally determined by the Mayor as the executive of the City (the "Executive") and the Controller as the fiscal officer of the City, or any acting, assistant or deputy controller of the City (the "Fiscal Officer"), as evidenced by delivery of the executed initial issue of the 2009 Bonds to the Registrar for authentication. The 2009 Bonds shall be sold pursuant to I.C. 5-1-11, as amended, unless sold to the Indiana Finance Authority through the SRF Program or the Indiana Bond Bank. Interest on the BANS and the 2009 Bonds shall be calculated according to a 360- day calendar year containing twelve 30-day months. The 2009 Bonds shall mature beginning not earlier than January 1, 2011 and on January 1 of each year thereafter over a period ending not later than 20 years after substantial completion of the Project, in such amounts as is deemed appropriate by the Executive, as evidenced by delivery of the executed initial issue of the 2009 Bonds to the Registrar for authentication, provided that if any of the 2009 Bonds are sold to the Indiana Finance Authority through the SRF Program, then in such amounts that will produce annual debt service that is as level as practicable, except as otherwise provided in the Financial Assistance Agreement. -4- All or a portion of the 2009 Bonds may be aggregated into and issued as one or more term bonds. The term bonds will be subject to mandatory sinking fund redemption with sinking fund payments and final maturities corresponding to the serial maturities described above. Sinking fund payments shall be applied to retire a portion of the term bonds as though it were a redemption of serial bonds and, if more than one term bond of any maturity is outstanding, redemption of such maturity shall be made. by lot. Sinking fund redemption payments shall be made in a principal amount equal to such serial maturities, plus accrued interest to the redemption date, but without premium or penalty. For all purposes of this Ordinance, such mandatory sinking fund redemption payments shall be deemed to be required payments of principal which mature on the date of such sinking fund payments. Appropriate changes shall be made in the definitive form of 2009 Bonds, relative to the form of 2009 Bonds contained in this Ordinance, to reflect any mandatory sinking fund redemption terms. (b) The City shall issue, if necessary, BANS for the purpose of procuring interim financing for the Project. Any such issuance shall be in accord with the provisions of Section 25 of this Ordinance. (c) Notwithstanding anything contained herein, the City may accept any other forms of financial assistance, as and if available, from the SRF Program (including without limitation any forgivable loans, grants or other assistance whether available as an alternative to any 2009 Bond or BAN related provision otherwise provided for herein or as a supplement or addition thereto). If required by the SRF Program to be eligible for such financial assistance, one or more of the series of the 2009 Bonds issued hereunder may issued on a basis such that the payment of the principal of or interest on (or both) such series of 2009 Bonds is junior and subordinate to the payment of the principal of and interest on other series of 2009 Bonds issued hereunder (and/or any other revenue bonds secured by a pledge of Net Revenues, whether now outstanding or hereafter issued), all as provided by the terms of such series of 2009 Bonds as modified pursuant to this authorization. Such financial assistance, if any, shall be as provided in the Financial Assistance Agreement and the 2009 Bonds of each series of 2009 Bonds issued hereunder (including any modification made pursuant to the authorization in this paragraph to the form of the 2009 Bonds otherwise contained herein). SECTION 3. Pledge of Net Revenues; Payment of Principal and Interest. The 2009 Bonds, and any bonds ranking on a parity therewith, including the Prior Bonds, as to principal, premium, if any, and interest, shall be payable solely from and are secured by an irrevocable pledge of and shall constitute a charge upon all the Net Revenues (as defined in the following sentence) of the works. The term "Net Revenues," as used herein, shall be defined as the gross revenues of the works after deduction only for the payment of the reasonable expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not include any rates or charges in lieu of taxes made and collected by the works and transferred to the City in accordance with the Act (the "PILOT Payment"). The City specifically subordinates its right to receive any PILOT Payment to the rights of the holders of the 2009 Bonds, and any Parity Bonds, including the Prior Bonds, to receive payment of the principal, premium, if any, and interest, payable on such bonds. The provisions of this Section 3 amend and supersede the corresponding provisions of Section 3 of the 1997 Ordinance, Section 3 of the 2000 Ordinance, Section 3 of the 2002 Ordinance and Section 3 of the 2005 Ordinance as to the definition of "Net Revenues" and the subordination by -5- the City of its right to receive any PILOT Payments to the rights of the bondholders of the 2009 Bonds and any Parity Bonds to receive debt service payments on such 2009 Bonds and Parity Bonds. Such amendments cure ambiguities or formal defects or omissions, and furthermore, the Council hereby determines that such amendments do not aversely affect the interest of the owners of the Parity Bonds. Therefore, such amendments are made in compliance with Section 23 of the 1997 Ordinance, Section 23 of the 2000 Ordinance, Section 23 of the 2002 Ordinance and Section 23 of the 2005 Ordinance. All payments of interest on the 2009 Bonds shall be paid by check mailed one business day prior to the interest payment date to the registered owners thereof as of the fifteenth (15th) day of the month preceding the interest payment date (the "Record Date") at the addresses as they appear on the registration and transfer books of the City kept for that purpose by the Registrar (the "Registration Record") or at such other address as is provided to the Paying Agent in writing by such registered owner. Each registered owner of $1,000,000 or more in principal amount of 2009 Bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. If any of the 2009 Bonds or BANS are registered in the name of the Indiana Finance Authority or the Indiana Bond Bank, the principal thereof and interest thereon shall be paid by wire transfer to such financial institution if and as directed by the Indiana Finance Authority or Indiana Bond Bank, as the case may be, on the due date of such payment or, if such due date is a day when financial institutions are not open for business, on the business day immediately after such due date. So long as the Indiana Finance Authority or Indiana Bond Bank is the owner of any of the 2009 Bonds or BANS, such 2009 Bonds or BANS shall be presented for payment as directed by the Indiana Finance Authority or Indiana Bond Bank, as the case may be. All principal payments and premium payments, if any, on the 2009 Bonds shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private. debts, or in the case of a registered owner of $1,000,000 or more in principal amount of 2009 Bonds, by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. Interest on any 2009 Bonds sold to the Indiana Finance Authority or the Indiana Bond Bank shall be paid from the date of delivery of the 2009 Bonds. Interest on 2009 Bonds not sold to the Indiana Finance Authority or the Indiana Bond Bank shall be payable from the interest payment date to which interest has been paid next preceding the authentication date thereof unless such 2009 Bonds are authenticated after the Record Date for an interest payment date and on or before such interest payment date in which case they shall bear interest from such interest payment date, or unless authenticated on or before the Record Date for the first interest payment date, in which case they shall bear interest from the original date, until the principal shall be fully paid. SECTION 4. Transfer and Exchange of Bonds. Each 2009 Bond shall be transferable or exchangeable only upon the Registration Record, by the registered owner thereof in writing, or by the registered owner's attorney duly authorized in writing, upon surrender of such 2009 Bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the registered owner or such attorney, and thereupon a new fully registered 2009 Bond or Bonds in the same aggregate principal amount, and of the same maturity, shall be -6- executed and delivered in the names of the transferee or transferees or the registered owner, as the case maybe, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 2009 Bonds are registered as the absolute owners thereof for all purposes including for the purpose of receiving payment of, or on account of, the principal thereof and interest and premium, if any, due thereon. In the event any 2009 Bond is mutilated, lost, stolen or destroyed, the City may execute and the Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the Fiscal Officer and the Registrar, together with indemnity satisfactory to them. In the event any such bond shall have matured, instead of issuing a duplicate bond, the City and the Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender thereof. The City and the Registrar may charge the owner of such 2009 Bond with their reasonable fees and expenses in this connection. Any 2009 Bond issued pursuant to this paragraph shall be deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or destroyed 2009 Bond shall be found at any time, and shall be entitled to all the benefits of this Ordinance, equally and proportionately with any and all other 2009 Bonds issued hereunder. SECTION 5. Registrar and Paying Agent. The Fiscal Officer is hereby authorized to appoint a qualified financial institution to serve as Registrar and Paying Agent for the 2009 Bonds (together with any successor, the "Registrar" or "Paying Agent"). The Registrar is hereby charged with the responsibility of authenticating the 2009 Bonds, and shall keep and maintain the Registration Record at its office. The Fiscal Officer is hereby authorized to enter into such agreements or understandings with such institution as will enable the institution to perform the services required of a Registrar and Paying Agent. The Fiscal Officer is further authorized to pay such fees and the institution may charge for the services its provides as Registrar and Paying Agent and such fees may be paid from the Sinking Fund established to pay the principal of and interest on the 2009 Bonds as fiscal agency charges. The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by giving thirty (30) days written notice to the City and by first-class mail to each registered owner of the 2009 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days or upon the earlier appointment of a successor Registrar and Paying Agent by the City. Such notice to the City may be served personally or sent by first-class or registered mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying Agent by the City, in which event the City may appoint a successor Registrar and Paying Agent. The City shall notify each registered owner of the 2009 Bonds then outstanding by first-class mail of the removal of the Registrar and Paying Agent. Notices to the registered owners of the 2009 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of such registered owners as they appear on the Registration Record. Any predecessor Registrar and Paying Agent -7- shall deliver all the 2009 Bonds, cash or investments related thereto in its possession and the Registration Record to the successor Registrar and Paying Agent. As to the BANS, the Fiscal Officer shall serve as Registrar and Paying Agent and is hereby charged with the duties of Registrar and Paying Agent. SECTION 6. Terms of Redemption. The 2009 Bonds may be made redeemable at the option of the City on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City (or in the case of any 2009 Bonds sold to the Indiana Finance Authority or Indiana Bond Bank, in inverse order of maturity) and by lot within a maturity, on dates and with premiums and other terms, as finally determined by the Executive with the advice of the City's financial advisor, as evidenced by delivery of the executed initial issue of the 2009 Bonds to the Registrar for authentication. Notice of redemption shall be mailed by first-class mail to the address of each registered owner of a 2009 Bond to be redeemed as shown on the Registration Record not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption except to the extent such redemption notice is waived by owners of 2009 Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any 2009 Bond shall not affect the validity of any proceedings for the redemption of any other 2009 Bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSIP numbers of the 2009 Bonds called for redemption. The place of redemption maybe determined by the City. Interest on the 2009 Bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such 2009 Bonds shall no longer be protected by this Ordinance and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right only to receive the redemption price. All 2009 Bonds which have been redeemed shall be canceled and shall not be reissued; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any 2009 Bond without charge to the holder thereof. No later than the date fixed for redemption, funds shall be deposited with the Paying Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply such funds to the payment of, the 2009 Bonds or portions thereof called for redemption, including accrued interest thereon to the redemption date. No payment shall be made upon any 2009 Bond or portion thereof called for redemption until such 2009 Bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by this Ordinance with respect to any mutilated, lost, stolen or destroyed bond. The BANs are prepayable by the City, in whole or in part, at any time upon seven (7) days' notice to the owner of the BANs, without any premium. SECTION 7. Execution and Negotiability. The 2009 Bonds shall be signed in the name of the City by the manual or facsimile signature of the Executive and attested by the manual or facsimile signature of the City Clerk, who also shall affix the seal of the City manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In case any -8- officer whose signature or facsimile signature appears thereon shall cease to be such officer before the delivery of the 2009 Bonds, such signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in office until such delivery. The 2009 Bonds shall also be authenticated by the manual signature of the Registrar, and no 2009 Bond shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. The 2009 Bonds shall have all of the qualities and incidents of negotiable instruments under the laws of the State of Indiana, subject to the provisions for registration herein. ,SECTION 8. Authorization for Book-Entry System. The 2009 Bonds may, in compliance with all applicable laws, initially be issued and held in book-entry form on the books of the central depository system, The Depository Trust Company, its successors, or any successor central depository system appointed by the City from time to time (the "Clearing Agency"), without physical distribution of bonds to the purchasers. The following provisions of this Section apply in such event. One definitive 2009 Bond of each maturity shall be delivered to the Clearing Agency (or its agent) and held in its custody. The City and Registrar may, in connection herewith, do or perform or cause to be done or performed any acts or things not adverse to the rights of the holders of the 2009 Bonds as are necessary or appropriate to accomplish or recognize such book-entry form 2009 Bonds. During any time that the 2009 Bonds are held in book-entry form on the books of a Clearing Agency, (1) any such 2009 Bond may be registered upon Registration Record in the name of such Clearing Agency, or any nominee thereof, including Cede & Co.; (2) the Clearing Agency in whose name such 2009 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and treat such Clearing Agency as, the absolute owner and holder of such 2009 Bond for all purposes of this Ordinance, including, without limitation, the receiving of payment of the principal of and interest and premium, if any, on such 2009 Bond, the receiving of notice and the giving of consent; (3) neither the City nor the Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect of which, any such participant holds any interest in any 2009 Bond, including, without limitation, any responsibility or obligation hereunder to maintain accurate records of any interest in any 2009 Bond or any responsibility or obligation hereunder with respect to the receiving of payment of principal of or interest or premium, if any, on any 2009 Bond, the receiving of notice or the giving of consent; and (4) the Clearing Agency is not required to present any 2009 Bond called for partial redemption, if any, prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency have agreed to the method for noting such partial redemption. If either the City receives notice from the Clearing Agency which is currently the registered owner of the 2009 Bonds to the effect that such Clearing Agency is unable or unwilling to discharge its responsibility as a Clearing Agency for the 2009 Bonds, or the City elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2009 Bonds, -9- then the City and the Registrar and Paying Agent each shall do or perform or cause to be done or performed all acts or things, not adverse to the rights of the holders of the 2009 Bonds, as are necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for the 2009 Bonds and to transfer the ownership of each of the 2009 Bonds to such person or persons, including any other Clearing Agency, as the holder of the 2009 Bonds may direct in accordance with this Ordinance. Any expenses of such discontinuance and transfer, including expenses of printing new certificates to evidence the 2009 Bonds, shall be paid by the City. During any time that the 2009 Bonds are held in book-entry form on the books of a Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other written representation from the Clearing Agency or any participant or indirect participant with respect to the identity of any beneficial owner of the 2009 Bonds as of a record date selected by the Registrar. For purposes of determining whether the consent, advice, direction or demand of a registered owner of a 2009 Bond has been obtained, the Registrar shall be entitled to treat the beneficial owners of the 2009 Bonds as the bondholders and any consent, request, direction, approval, objection or other instrument of such beneficial owner may be obtained in the fashion described in this Ordinance. During any time that the 2009 Bonds are held in book-entry form on the books of a Clearing Agency, the Executive, the Fiscal Officer and/or the Registrar are authorized to execute and deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer Letter of Representations, and the provisions of any such Letter of Representations or any successor agreement shall control on the matters set forth therein. The Registrar, by accepting the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent required thereby and that those duties to be undertaken by either the agent or the issuer shall be the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, including without limitation same day funds settlement payment procedures. Further, during any time that the 2009 Bonds are held in book-entry form, the provisions of Section 8 of this Ordinance shall control over conflicting provisions in any other section of this Ordinance. SECTION 9. Form of 2009 Bonds. The form and tenor of the 2009 Bonds shall be substantially as follows, all blanks to be filled in properly and all necessary additions and deletions to be made prior to delivery: R- UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA WATERWORKS REVENUE BOND OF 20[ ] -10- Interest Maturity Original Authentication Rate Date Date Date CUSIP No. 1 , 20 , 2009 REGISTERED OWNER: 2009 PRINCIPAL SUM: Dollars ($~ The City of South Bend, in St. Joseph, County, State of Indiana (the "City"), for value received, hereby promises to pay to the Registered Owner set forth above, solely out of the special revenue fund hereinafter referred to, the Principal Sum set forth above on the Maturity Date set forth above (unless this bond be subject to and be called for redemption prior to maturity as hereafter provided), and to pay interest thereon until the Principal Sum shall be fully paid at the Interest Rate per annum specified above from the interest payment date to which interest has been paid next preceding the Authentication Date of this bond unless this bond is authenticated after the fifteenth day of the month preceding the interest payment date (the "Record Date") and on or before such interest payment date in which case it shall bear interest from such interest payment date, or unless this bond is authenticated on or before , 20 , in which case it shall bear interest from the Original Date, which interest is payable semiannually on January 1 and July 1 of each year, beginning on 1, 20_. Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. The principal of and premium, if any, on this bond are payable at the principal office of (the "Registrar" or "Paying Agent"), in Indiana. All payments of interest on this bond shall be paid by check mailed one business day prior to the interest payment date to the Registered Owner as of the Record Date at the address as it appears on the registration books kept by the Registrar or at such other address as is provided to the Paying Agent in writing by the Registered Owner. Each Registered Owner of $1,000,000 or more in principal amount of bonds shall be entitled to receive interest payments by wire transfer by providing written wire instructions to the Paying Agent before the Record Date for any payment. All payments of principal of, and premium, if any, on this bond shall be made upon surrender thereof at the principal office of the Paying Agent, in any U.S. coin or currency which on the date of such payment shall be legal tender for the payment of public and private debts, or in the case of a Registered Owner of $1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date. THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST HEREON EXCEPT FROM THE HEREINAFTER DESCRIBED SPECIAL FUND, AND NEITHER THIS BOND NOR THE ISSUE OF WHICH IT IS A PART SHALL 1N ANY RESPECT CONSTITUTE A CORPORATE INDEBTEDNESS OF THE CITY WITHIN THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA. -11- It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($ ), numbered consecutively from 1 upward (the "Bonds"), issued for the purpose of providing funds to be applied on the cost of improvements to the City's waterworks (the "Project"), to refund interim notes issued in anticipation of the Bonds, if any, to fund a debt service reserve, and to pay incidental expenses and costs of issuance of the Bonds. This bond is issued pursuant to an ordinance adopted by the Common Council of said City on the day of , 2009, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Concerning the Construction of Improvements to the Municipal Waterworks of the City of South Bend, Indiana; Authorizing the Issuance of Revenue Bonds for such Purpose in the Principal Amount not to exceed Dollars ($); Addressing Other Matters Connected Therewith, Including the Issuance of Notes in Anticipation of Bonds; and Repealing Ordinances Inconsistent Herewith" (the "Ordinance"), and in accordance with the provisions of Indiana law, including without limitation Indiana Code 8-1.5, and other applicable laws, as amended (the "Act"), all as more particularly described in the Ordinance. The owner of this bond, by the acceptance hereof, agrees to all the terms and provisions contained in the Ordinance and the Act. Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on this bond and all other bonds of said issue, the Prior Bonds (as hereinafter defined), and any bonds hereafter issued on a parity therewith are payable solely from the Sinking Fund (the "Sinking Fund") maintained under the Ordinance to be provided from the Net Revenues (defined as the gross revenues of the works after deduction only for the payment of the reasonable expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not include any rates or charges in lieu of taxes made and collected by the works and transferred to the City in accordance with the Act. The City irrevocably pledges the entire Net Revenues of the works to the prompt payment of the principal of and interest on the Bonds and any bonds ranking on a parity therewith, including the "Waterworks Revenue Bonds of 2006" dated June 1, 2006 (the "2006 Bonds"), "Waterworks Revenue Bonds of 2002" dated June ~ 1, 2002 (the "2002 Bonds"),"Waterworks Revenue Bonds of 2000" dated June 12, 2000 (the "2000 Bonds") and the "Waterworks Revenue Bonds of 1997" dated December 1, 1997 (the "1997 Bonds"), (the 2006 Bonds, 2002 Bonds, the 2000 Bonds and the 1997 Bonds together, the "Prior Bonds"), each authorized by ordinance of the City, to the extent necessary for such -12- purposes, and covenants that it will establish proper rates and charges for services rendered by the utility as are sufficient in each year for the payment of the proper and reasonable expenses of operation, repair and maintenance of the works and for the payment of the sums required to be paid into the Sinking Fund under the provisions of the Act and the Ordinance. If the City or the proper officers thereof shall fail or refuse to so fix and collect such rates or charges, or if there be a default in the payment of the interest on or principal of this bond, the owner of this bond shall have all of the rights and remedies provided for in the Act. The City covenants that for so long as the Bonds and any bonds issued on a parity therewith, including the Prior Bonds, remain outstanding it will set aside and pay into the Sinking Fund a sufficient amount of the Net Revenues for the payment of (a) the principal of and interest on all bonds which by their terms are payable from the Net Revenues, as such principal and interest shall fall due, (b) the necessary fiscal agency charges for paying bonds and (c) an additional amount to maintain the reserve required by the Ordinance. Such required payments shall constitute a first charge upon all the Net Revenues. Reference is made to the Ordinance for a more complete statement of the revenues from which and conditions under which this bond is payable, a statement of the conditions on which obligations may hereafter be issued on parity with this bond, the manner in which the Ordinance may be amended and the general covenants and provisions pursuant to which this bond has been issued. The bonds of this issue maturing on and after January 1, 2021 are redeemable at the option of the City on January 1, 2020, or any date thereafter, on thirty (30) days' notice, in whole or in part, in any order of maturities selected by the City and by lot within a maturity, at 100% of face value, together with the following premiums: _% if redeemed on January 1, 20_ or thereafter before January 1, 20_; _% if redeemed on January 1, 20_ or thereafter before January 1, 20_; and 0% if redeemed on January 1, 20_, or thereafter prior to maturity; plus accrued interest to the date fixed for redemption. Each minimum authorized denomination in principal amount shall be considered a separate bond for purposes of partial redemption. Notice of such redemption shall be mailed by first-class mail not more than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption to the address of the registered owner of each bond to be redeemed as shown on the registration record of the City except to the extent such redemption notice is waived by owners of the bond or bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any bond shall not affect the validity of any proceedings for the redemption of any other bonds. The notice shall specify the date and place of redemption, the redemption price and the CUSII' numbers of the bonds called for redemption. The place of redemption may be determined by the City. Interest on the -13- bonds so called for redemption shall cease on the redemption date fixed in such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so named, and thereafter, such bonds shall no longer be protected by the Ordinance and shall not be deemed to be outstanding thereunder. This bond is subject to defeasance prior to payment or redemption as provided in the Ordinance. If this bond shall not be presented for payment or redemption on the date fixed therefor, the City may deposit in trust with the Paying Agent or another paying agent, an amount sufficient to pay such bond or the redemption price, as the case may be, and thereafter the Registered Owner shall look only to the funds so deposited in trust for payment and the City shall have no further obligation or liability in respect thereto. This bond is transferable or exchangeable only upon the registration record kept for that purpose at the office of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar duly executed by the Registered Owner or such attorney, and thereupon a new fully registered bond or bonds in the same aggregate principal amount, and of the same maturity, shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case maybe, in exchange therefor. This bond maybe transferred or exchanged without cost to the Registered Owner except for any tax or governmental charge required to be paid with respect to the transfer or exchange. The City, the Registrar, the Paying Agent and any other registrar or paying agent for this bond may treat and consider the person in whose name this bond is registered as the absolute owner hereof for all purposes including for the purpose of receiving payment of, or on account of, the principal hereof and interest and premium, if any, due hereon. [The bonds maturing on any maturity date are issuable only in the denomination of $1,000 or any integral multiple thereof.] [Reference is hereby made to the Financial Assistance Agreement, as amended from time to time, between the City and the Indiana Finance Authority as to certain terms and covenants pertaining to the Project and this bond (the "Financial Assistance Agreement").] [A Continuing Disclosure Contract from the City to each registered owner or holder of any bond, dated as of the date of initial issuance of the Bonds (the "Contract"), has been executed by the City, a copy of which is available from the City and the terms of which are incorporated herein by this reference. The Contract contains certain promises of the City to each registered owner or holder of any Bond, including a promise to provide certain continuing disclosure. By its payment for and acceptance of this bond, the registered owner or holder of this bond assents to the Contract and to the exchange of such payment and acceptance for such promises.] -14- IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, Indiana, has caused this bond to be executed in its corporate name by the manual or facsimile signature of the Mayor, and its corporate seal to be hereunto affixed, imprinted or impressed by any means and attested manually or by facsimile by its Clerk. CITY OF SOUTH BEND, INDIANA By: (SEAL) ATTEST Clerk REGISTRAR'S CERTIFICATE OF AUTHENTICATION It is hereby certified that this bond is one of the bonds described in the within-mentioned Ordinance duly authenticated by the Registrar. as Registrar Mayor Authorized Representative By The following abbreviations, when used in the inscription of the face of this bond, shall be construed as through they were written out in full according to applicable laws or regulations: TEN. COM. as tenants in common TEN. ENT. as tenants by the entireties JT. TEN. as joint tenants with right of survivorship and not as tenants in common UNIF. TRAN. MIN. ACT (State) Additional abbreviations may also be used although not in the above list. Custodian (Gust.) (Minor) under Uniform Transfer to Minors Act of -15- ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please Print or Typewrite Name and Address and Social Security or Other Identifying Number) $_ principal amount (must be a multiple of $1,000) of the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints ,attorney to transfer the within bond on the books kept for the registration thereof with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: The Signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program. SECTION 10. Sale of Bonds. (a)(i) Except as provided in section 10(a)(ii), the 2009 Bonds shall be sold in a competitive sale. The Fiscal Officer shall cause to be published either (i) a notice of sale once each week for two consecutive weeks in accordance with I.C.§5-3-1-2, in which case the date fixed for the sale shall not be earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days after the second of such publications, or (ii) a notice of intent to sell bonds once each week for two weeks in accordance with I.C. §5-1-11-2 and I.C. §5-3-1-4 and in a newspaper of general circulation published in the State capital, in which case bids may not be received more than ninety (90) days after the first of such publications. Said sale notice shall state the time and place of sale, the purpose for which the 2009 Bonds are being issued, the total amount thereof, the amount and date of each maturity, the maximum rate or rates of interest thereon, their denominations, the time and place of payment, the terms and conditions upon which bids will be received and the sale made and such other information as is required by law or as the Fiscal Officer shall deem necessary. The Fiscal Officer is designated as the officer responsible for the sale of the 2009 Bonds, and shall provide or cause to be provided all notices required bylaw. -16- All bids for the 2009 Bonds shall be sealed and shall be presented to the Fiscal Officer in accord with the terms set forth in the sale notice. Bidders for the 2009 Bonds shall be required to name the rate or rates of interest which the 2009 Bonds are to bear, which shall be the same for all 2009 Bonds maturing on the same date and the interest rate bid on any maturity of 2009 Bonds must be no less than the interest rate bid on any and all prior maturities, not exceeding seven percent (7%) per annum, and such interest rate or rates shall be in multiples of one hundredth of one percent. The Fiscal Officer shall award the 2009 Bonds to the bidder who offers the lowest interest cost, to be determined by computing the total interest on all the 2009 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding thereto the amount of the discount, if any. No bid for less than ninety-seven and one-half percent (97.5%) of the par value of the 2009 Bonds for any such 2009 Bonds to be sold to the Indiana Finance Authority or the Indiana Bond Bank or ninety-nine percent (99%) of the par value of the 2009 Bonds for any such 2009 Bonds to be sold by competitive sale, plus accrued interest, shall be considered. The Fiscal Officer may require that all bids be accompanied by certified or cashier's checks payable to the order of the City, or a surety bond, in an amount not to exceed one percent of the aggregate principal amount of the 2009 Bonds as a guaranty of the performance of said bid, should it be accepted. In the event no satisfactory bids are received on the day named in the sale notice, the sale maybe continued from day to day thereafter for a period of thirty (30) days without readvertisement; provided, however, that if said sale is continued, no bid shall be accepted which offers an interest cost which is equal to or higher than the best bid received at the time fixed for sale in the bond sale notice. The Fiscal Officer shall have full right to reject any and all bids. After the 2009 Bonds have been properly sold and executed, the Fiscal Officer shall receive from the purchasers payment for the 2009 Bonds and shall provide for delivery of the 2009 Bonds to the purchasers. (ii) As an alternative to public sale, the Fiscal Officer may negotiate the sale of the 2009 Bonds to the Indiana Finance Authority or the Indiana Bond Bank at an interest rate or rates not exceeding seven percent (7 %) per annum. The Mayor and the Fiscal Officer are hereby authorized to (A) submit an application to the SRF Program and the Indiana Bond Bank, (B) execute the Financial Assistance Agreement (including any amendment thereof) with the Indiana Finance Authority or purchase agreement with the Indiana Bond Bank, and (C) sell such bonds, in one or more series, upon such terms as are acceptable to the Mayor and the Fiscal Officer consistent with the terms of this Ordinance. The Financial Assistance Agreement for the 2009 Bonds and the Project shall be executed by the City and the Indiana Finance Authority. The substantially final form of Financial Assistance Agreement attached hereto as Exhibit B and incorporated herein by reference is hereby approved by the Council, and the Mayor and Fiscal Officer are hereby authorized to execute and deliver the same, and to approve any changes in form or substance to the Financial Assistance Agreement, such approval to be conclusively evidenced by its execution. The Mayor and Fiscal Officer are hereby authorized to execute and deliver an amended and restated Financial Assistance Agreement or subsequent Financial Assistance Agreement if an earlier series of 2009 Bonds has been purchased by the Indiana Finance Authority and may approve any changes in form or substance to the attached Financial -17- Assistance Agreement as they determine to be necessary or desirable in connection therewith, and such approval shall be conclusively evidenced by its execution. (b) The 2009 Bonds, when fully paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 2009 Bonds to the purchaser, to draw all proper and necessary warrants, and to do whatever acts and things which may be necessary to carry out the provisions of this Ordinance. (c) The Executive and the Fiscal Officer each are hereby authorized to deem final an official statement with respect to the 2009 Bonds, as of its date, in accordance with the provisions of Rule 15c2-12 of the U.S. Securities and Exchange Commission, as amended (the "SEC Rule"), subject to completion as permitted by the SEC Rule, and the City further authorizes the distribution of the deemed final official statement, and the execution, delivery and distribution of such document as further modified and amended with the approval of the Executive or the Fiscal Officer in the form of a final official statement. In order to assist any underwriter of the 2009 Bonds in complying with paragraph (b)(5) of the SEC Rule by undertaking to make available appropriate disclosure about the City and the 2009 Bonds to participants in the municipal securities market, the City hereby covenants, agrees and undertakes, in accordance with the SEC Rule, unless excluded from the applicability of the SEC Rule or otherwise exempted from the provisions of paragraph (b)(5) of the SEC Rule, that it will comply with and carry out all of the provisions of the continuing disclosure contract. "Continuing disclosure contract" shall mean that certain continuing disclosure contract executed by the City and dated the date of issuance of the 2009 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. The execution and delivery by the City of the continuing disclosure contract, and the performance by the City of its obligations thereunder by or through any employee or agent of the City, are hereby approved, and the City shall comply with and carry out the terms thereof. (d) The Fiscal Officer is hereby authorized and directed to obtain a legal opinion as to the validity of the 2009 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the purchasers of the 2009 Bonds or to cause a copy of said legal opinion to be printed on each 2009 Bond. The cost of such opinion shall be paid out of the proceeds of the 2009 Bonds. (e) In connection with the sale of the 2009 Bonds, the Executive and the Fiscal Officer each are authorized to take such actions and to execute and deliver such agreements and instruments as they deem advisable to obtain a rating and/or to obtain bond insurance for the 2009 Bonds, and the taking of such actions and the execution and delivery of such agreements and instruments are hereby approved. SECTION 11. Use of Proceeds. The accrued interest received at the time of delivery of the 2009 Bonds, if any, and premium, if any, shall be deposited in the Bond and Interest Account of the Sinking Fund (as hereafter defined) and applied to payments on the 2009 Bonds on the first interest payment date. An amount of proceeds from the sale of the 2009 Bonds equal to the amount described in Section 14(b) will be deposited to the Debt Service -18- Reserve Account and applied as described below. The remaining proceeds from the sale of the 2009 Bonds, to the extent not used to refund BANS issued pursuant to this Ordinance, shall be deposited in a fund of the utility hereby created and designated as "City of South Bend, Indiana Waterworks 2009 Bond Construction Fund" (the "Construction Fund"). The proceeds deposited in the Construction Fund, together with all investment earnings thereon, shall be expended only for the purpose of paying the costs of the Project and the costs of selling and issuing the 2009 Bonds, including the premium for any bond insurance obtained for the 2009 Bonds. Any balance remaining in the Construction Fund after the completion of the Project which is not required to meet unpaid obligations incurred in connection therewith and on account of the sale and issuance of the 2009 Bonds shall be paid into the Principal and Interest Account of the Sinking Fund and used solely for the purposes of such Account or used for the same purpose or type of project for which the 2009 Bonds were originally issued, all in accordance with I.C. 5-1-13, as amended or as otherwise permitted by law. With respect to any 2009 Bonds sold to the Indiana Finance Authority, to the extent that (a) the total principal amount of the 2009 Bonds is not paid by the purchaser or drawn down by the City, or (b) proceeds remain in the Construction Fund and are not applied to the Project (or any modifications or additions thereto) approved by IDEM and the Indiana Finance Authority, the City shall reduce the principal amount of the 2009 Bond maturities to effect such reduction in a manner that will still achieve as level annual debt service as practicable as described in Section 2(a). SECTION 12. Revenue Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Revenue Fund (the "Revenue Fund"). All income and revenues of the works shall be paid into the Revenue Fund for application as described below. SECTION 13. Operation and Maintenance Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Operation and Maintenance Fund (the "Operation and Maintenance Fund") (also shown on the books of the utility as the Operating Fund). There shall be transferred from the Revenue Fund and credited to the Operation and Maintenance Fund, on the last day of each calendar month, a sufficient amount so that the balance in this Fund shall be sufficient to pay the expenses of operation, repair and maintenance for the then next succeeding two calendar months. The moneys credited to this Fund shall be used for the payment of the reasonable and proper operation, repair and maintenance expenses of the works on a day-to-day basis, but none of the moneys in the Operation and Maintenance Fund shall be used for depreciation, replacements, improvements, extensions or additions. Any balance in Operation and Maintenance Fund in excess of the expected expenses of operation, repair and maintenance for the next succeeding two calendar months may be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of or interest on the outstanding bonds of the works. SECTION 14. Sinking Fund. There is hereby continued a fund of the utility created and designated in the Prior Ordinances as the Sinking Fund (the "Sinking Fund"), to be used for the payment of the principal of and interest on bonds which by their terms are payable from the Net Revenues, and for the payment of any fiscal agency charges in connection with -19- such payment. The Sinking Fund is divided into two accounts designated as the Bond and Interest Account and the Debt Service Reserve Account, which are pledged for the purposes set forth below. There shall be set aside and deposited in the Sinking Fund, as available, and as hereinafter provided, a sufficient amount of the Net Revenues to meet the requirements of the Bond and Interest Account (also shown on the books of the utility as the Bond Sinking Fund) and of the Debt Service Reserve Account. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Debt Service Reserve Account, equals the amount needed to redeem all of the then outstanding bonds. (a) Principal and Interest Account. There shall be transferred, on the last day of each calendar month, from the Revenue Fund and credited to the Bond and Interest Account an amount equal to the sum of one-twelfth (1/12) of the principal and one-sixth (1/6) of the interest on all then outstanding bonds payable from Net Revenues on the next succeeding principal and interest payment dates, until the amount so credited shall equal the principal payable during the next succeeding twelve (12) calendar months and the interest payable during the next succeeding six (6) calendar months. There shall similarly be credited to the account any amount necessary to pay when due the bank fiscal agency charges for paying principal of and interest on the bonds as the same become payable. The City shall, from the sums deposited in the Sinking Fund and credited to the Bond and Interest Account, remit, promptly to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of bank fiscal agency charges. (b) Debt Service Reserve Account. The Debt Service Reserve Account shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (as defined below), and the moneys in the Debt Service Reserve Account shall be used to pay current principal and interest on the Bonds to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (c) In this Ordinance the term "Parity Bonds" means any and all bonds ranking on a parity with the 2009 Bonds issued hereunder (including the Prior Bonds) which are (i) now outstanding or issued in the future by the City, and (ii) which are payable from the net revenues of the City's waterworks. (d) In this Section 14 the term "Bonds" means the 2009 Bonds issued hereunder and all Parity Bonds. (e) In this Ordinance the term "Reserve Requirement" means the lesser of: (i) the maximum annual debt service on the Bonds, (ii) 125% of the average annual debt service on the Bonds, or (iii) ten percent (10%) of the proceeds of the Bonds. (f) Subject to Section 14(g) and Section 14(h) below, the City shall maintain in the Debt Service Reserve Account in an amount equal to the Reserve Requirement. (g) To the extent that the amount in the Debt Service Reserve Account on the date of the issuance of the 2009 Bonds is less than the Reserve Requirement, that portion of the shortfall which exists as of the date of issuance of the 2009 Bonds shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into the -20- Debt Service Reserve Account either (i) in a single payment, to be paid on the date of the issuance of the 2009 Bonds, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2009 Bonds, with the first installment due and payable on the date of the issuance of the 2009 Bonds, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2009 Bonds are issued. (h) To the extent that additional Parity Bonds are issued subsequent to the issuance of the 2009 Bonds, the additional amounts, if any, which are required to be paid into the Debt Service Reserve Account to satisfy the Reserve Requirement as a result of the issuance of such additional Parity Bonds shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into the Debt Service Reserve Account either (i) in a single payment, to be paid on the date of the issuance of such additional Parity Bonds, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of such additional Parity Bonds, with the first installment due and payable on the date of the issuance of such additional Parity Bonds, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which such additional Parity Bonds are issued. (i) Subject to Section 14(g) and Section 14(h) above, any deficiency in the balance maintained in the Debt Service Reserve Account shall be promptly made up from the next available Net Revenues after credits into the Bond and Interest Account. Any moneys in the Debt Service Reserve Account in excess of the Reserve Requirement may be used for the prepayment of installments of principal, together with interest due thereon, on the then outstanding Bonds which are then callable or prepayable, or for the purchase of outstanding Bonds or installments of principal of and interest on the Bonds at a price not exceeding par and accrued interest, or may be transferred to the Improvement Fund. (j) As an alternative to holding the Reserve Requirement in the Debt Service Reserve Account in cash funds, the City, with the advice of the Financial Advisor and Bond Counsel, may satisfy all or any part of its obligation to maintain an amount in the Debt Service Reserve Account equal to the Reserve Requirement by depositing a Credit Facility (as defined in the next sentence) in the Debt Service Reserve Account, provided that such deposit does not adversely affect any then existing rating on the Bonds. A "Credit Facility" is hereby defined as a letter of credit, liquidity facility, insurance policy or comparable instrument furnished by a bank, insurance company, financial institution or other entity pursuant to a reimbursement agreement or similar instrument between such entity and the City, for the purpose of satisfying in whole or in part the City's obligation to maintain the Reserve Requirement. To the extent that the Bonds are insured, and the Credit Facility to be deposited into the Debt Service Reserve Account is not being provided by the insurer of such Bonds, such insurance policy shall be subject to the insurer's prior written consent. (k) In the event a draw is made against the Credit Facility, the City shall repay the amount of the draw and related expenses incurred by the issuer(s) of the Credit Facility (the "Credit Facility Issuer") together with interest thereon at the rate specified in the Credit Facility and/or the related Credit Facility Agreement (as defined below). The repayment of the draw amount, related expenses and accrued interest (the "Credit Facility Costs") shall be paid from the -21- funds that would have been set aside above to replenish the Debt Service Reserve Account. Repayment of the Credit Facility Costs shall commence in the first month following each draw, in an amount equal to no less than one twelfth (1/12) of the aggregate Credit Facility Costs related to such draw ("Monthly Installments"). Each Monthly Installment shall be deposited by the City into the Debt Service Reserve Account, and then payments shall be made from the Debt Service Reserve Account to pay Credit Facility Costs. (1) If and to the extent cash has been deposited to the Debt Service Reserve Account (other than Monthly Installments to pay Credit Facility Costs), all such cash (or permitted investments) shall be used prior to any drawing under the Credit Facility, and repayment of any Credit Facility Costs shall be made prior to replenishment of any such cash amounts. (m) If, in addition to the Credit Facility, any other reserve account substitute instrument ("Additional Credit Facility") is provided, drawings under the Credit Facility and any such Additional Credit Facility, and repayment of Credit Facility Costs and reimbursement of amounts due under the Additional Credit Facility, shall be made on a pro-rata basis (calculated by reference to the maximum amounts available thereunder) after applying all available cash in the Debt Service Reserve Account and prior to replenishment of any such cash draws, respectively. (n) Inasmuch as the Reserve Requirement pertaining to the 1997 Bonds, the 2000 Bonds and the 2006 Bonds is currently being satisfied by the 2002 Reserve Insurance Policy and 2006 Reserve Insurance Policy, the City with the advice of the Financial Advisor and Bond Counsel, may satisfy the Reserve Requirement pertaining to the 2009 Bonds as follows: (i.) by amending the terms of either the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy to expand the scope of either the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy to include the 2009 Bonds, and by adjusting the Policy Limit of the 2002 Reserve Insurance Policy or the 2006 Reserve Insurance Policy accordingly; or (ii.) by obtaining a separate Additional Credit Facility covering the Reserve Requirement attributable to the 2009 Bonds; or (iii.) by funding the Reserve Requirement attributable to the 2009 Bonds in cash funds deposited into the Debt Service Reserve Account either (i) in a single payment, to be paid on the date of the issuance of the 2009 Bonds, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2009 Bonds, with the first installment due and payable on the date of the issuance of the 2009 Bonds, and the remaining installments payable on the last day of each calendar month, commencing on the last day of the month in which the 2009 Bonds are issued. SECTION 15. Improvement Fund. After meeting the requirements of the Operation and Maintenance Fund and the Sinking Fund, any excess revenues maybe transferred -22- from the Revenue Fund and credited to the special utility fund hereby continued which was created and designated in the Prior Ordinances as the "Waterworks Improvement Fund" (the "Improvement Fund") (also shown on the books of the utility as the Depreciation Fund), and said Fund shall be used for improvements, replacements, additions and extensions of the works. Moneys in the Improvement Fund shall be transferred to the Sinking Fund if necessary to prevent a default in the payment of principal of and interest on the then outstanding bonds or, if necessary, to eliminate any deficiencies in credits to or minimum balance in the Debt Service Reserve Account of the Sinking Fund, or may be transferred to the Operation and Maintenance Fund to meet unforeseen contingencies in the operation and maintenance of the works. SECTION 16. Investment of Funds. The Revenue Fund and the Sinking Fund each shall be deposited in and maintained as a separate bank account or accounts from all other bank accounts of the City. The Operation and Maintenance Fund and the Improvement Fund maybe maintained in a single bank account or accounts, but such bank account or accounts shall likewise be maintained separate and apart from the Revenue Fund and all other bank accounts of the City and apart from the Revenue Fund and the Sinking Fund bank accounts. All moneys deposited in the bank accounts shall be deposited, held and secured as public funds in accordance with the public depository laws of the State of Indiana; provided, that moneys therein may be invested in obligations in accordance with the applicable laws, including particularly Indiana Code, Title 5, Article 13, Chapter 9 as amended or supplemented, and in the event of such investment the income therefrom shall become a part of the funds invested and shall be used only as provided in this Ordinance. SECTION 17. Financial Records and Accounts. The City shall keep proper records and books of account, separate from all of its other records and accounts, in which complete and correct entries shall be made showing all revenues received on account of the operation of the utility and all disbursements made therefrom and all transactions relating to the utility. The City shall maintain on file the audited financial statements of the utility prepared by the State Board of Accounts. There shall be furnished, upon written request, to any owner of the 2009 Bonds, the most recent copy of the audited financial statements of the utility prepared by the State Board of Accounts. Copies of all such statements and reports shall be kept on file in the office of the Fiscal Officer. If any of the 2009 Bonds are sold to the Indiana Finance Authority through the SRF Program or the Indiana Bond Bank, the City shall establish and maintain the books and other financial records of the Project (including the establishment of a separate account or subaccount for the Project) and the waterworks in accordance with (i) generally accepted governmental accounting standards for utilities, on an accrual basis, as promulgated by the Government Accounting Standards Board and (ii) the rules, regulations and guidance of the State Board of Accounts. SECTION 18. Rate Covenant. The City, by and through the Board and to the fullest extent permitted by law, shall establish, fix, maintain and collect reasonable and just rates and charges for the use of and the services rendered by the works so that such rates and charges shall produce revenues at least sufficient in each year to (a) pay all the legal and other necessary expenses incident to the operation of the works (including any such expenses required by the Financial Assistance Agreement), including maintenance costs, operating charges, - 23 - upkeep, repairs, and interest charges on bonds or other obligations, including leases; (b) provide a sinking fund for the liquidation of bonds or other obligations, including leases; (c) provide a debt service reserve on bonds or other obligations, including leases, as required by the terms of such obligations; (d) prove adequate money for working capital; (e) provide adequate money for making extensions and replacements; and (f) provide money for the payment of any taxes that maybe assessed against the works. So long as any of the 2009 Bonds are outstanding, none of the facilities and services afforded by the works shall be furnished without a reasonable and just charge being made therefor. SECTION 19. Defeasance. If, when the 2009 Bonds or a portion thereof shall have become due and payable in accordance with their terms or shall have been duly called for redemption or irrevocable instructions to call the 2009 Bonds or a portion thereof for redemption shall have been given, and the whole amount of the principal, premium, if any, and the interest so due and payable upon such 2009 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, (ii) direct non-callable obligations of (including obligations issued or held in book- entry form on the books of) the U.S. Department of the Treasury, the principal of and the interest on which when due without reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be held irrevocably in trust for such purpose, and provision shall also be made for paying all fees and expenses for the payment, then and in that case the 2009 Bonds or such designated portion thereof shall no longer be deemed outstanding or secured by this Ordinance or entitled to the pledge of the Net Revenues. SECTION 20. Additional Bonds. The City reserves the right to issue additional bonds payable out of the Net Revenues ranking on a parity with the 2009 Bonds for the purpose of financing the cost of future additions, extensions and improvements to the works, or to provide for a complete or partial refunding of obligations, subject to the following conditions precedent: (a) The interest on and principal of all bonds payable from the Net Revenues shall have been paid to date in accordance with the terms thereof, and all required payments into the Sinking Fund required by this Ordinance shall have been made. The Reserve Requirement shall be satisfied for the additional Parity Bonds either at the time of delivery of the additional Parity Bonds or over afive-year or shorter period, in a manner which is commensurate with the requirements established in Section 14 of this Ordinance. (b) The Net Revenues in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the 2009 Bonds shall be not less than one hundred twenty-five percent (125%) of the maximum annual principal and interest requirements of the then outstanding bonds (including the 2009 Bonds and the Prior Bonds) and the additional Parity Bonds proposed to be issued; or, prior to the issuance of the additional Parity Bonds, the water rates 'and charges shall be increased sufficiently so that the increased rates and charges applied to the previous fiscal year's operations would have produced Net Revenues for the year equal to not less than one hundred twenty-five percent (125%) of the maximum annual principal and interest requirements of the then outstanding bonds and the additional Parity Bonds proposed to be issued. For purposes of this subsection, the records of the works shall be analyzed and all showings shall be prepared by an independent certified public accountant employed by the City for that purpose. -24- (c) To the extent required by law, the issuance of the proposed additional Parity Bonds and any necessary increase in water rates and charges shall have been approved by the Indiana Utility Regulatory Commission, or any successor body vested by law with authority to approve bonds and water rates and charges of municipal waterworks. (d) The principal of said additional Parity Bonds shall be payable on January 1 and the interest shall be payable on January 1 and July 1 during the periods such principal and interest are payable. (e) If any of the 2009 Bonds are sold to the Indiana Finance Authority through the SRF Program, which bonds remain outstanding, the City obtains the consent of the Indiana Finance Authority. Unless the Prior Ordinances requires otherwise, in the event available moneys are insufficient to pay debt service on the 2009 Bonds and any Parity Bonds when due, available moneys shall be applied, after payment of all costs and expenses associated therewith, to the 2009 Bonds and any Parity Bonds as follows: to the payment to the persons entitled thereto of all unpaid installments of interest then due on, and the unpaid principal of, the 2009 Bonds and any Parity Bonds, including interest on any past due principal of any 2009 Bond or Parity Bond at the rate borne by such 2009 Bond or Parity Bond, in the order of the maturity of the installments of such interest and the due dates of such principal and, if the amount available shall not be sufficient to pay in full any particular installment of interest or maturity of principal, then to such payment ratably, according to the amounts so due, to the persons entitled thereto, without any discrimination or privilege or any preference of or priority of interest over principal or principal over interest. During the continuance of any default in the payment of either principal of or interest or premium on any 2009 Bonds or Parity Bonds, no payment shall be made with respect to any subordinate obligations issued pursuant to Section 21(e). Moneys available for payment to holders of such subordinate obligations shall, in the event of an insufficient amount being available to pay all debt service with respect to the subordinate obligations when due, be applied to the subordinate obligations in accordance with the sequence and other terms set forth above with respect to payments regarding 2009 Bonds and Parity Bonds unless otherwise provided in the ordinance authorizing the subordinate obligations. SECTION 21. Further Covenants of the City. For the purpose of further safeguarding the interests of the owners of the 2009 Bonds, it is hereby specifically provided as follows: (a) The City, through the Board, shall at all times maintain the works in good condition, and operate the same in an efficient manner and at a reasonable cost. (b) So long as any of the 2009 Bonds are outstanding, the City, through the Board, shall maintain insurance on the insurable parts of the works, of a kind and in an amount such as would normally be carried by private entities engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana. As an alternative to maintaining such insurance, the City may - 25 - maintain aself-insurance program with catastrophic or similar coverage so long as such program meets the requirements of any applicable laws or regulations and is maintained in a manner consistent with programs maintained by similarly situated municipalities. Insurance proceeds or self-insurance proceeds shall be used in replacing or repairing the property destroyed or damaged, or if not used for that purpose, shall be treated and applied as Net Revenues. (c) So long as any of the 2009 Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber the works, or any part thereof, and shall not sell, lease or otherwise dispose of any part of the same, excepting only such machinery, equipment or other property as may be replaced, or shall no longer be necessary for use in connection with said utility; provided, the foregoing restrictions shall not apply to the extent approved otherwise by the owners of all 2009 Bonds then outstanding and the City receives an opinion of nationally recognized bond counsel to the effect that the transaction will not cause the interest on the 2009 Bonds to be included in gross income for federal income tax purposes. (d) If any of the 2009 Bonds are sold to the Indiana Finance Authority through the SRF Program or to the Indiana Bond Bank and remain outstanding, the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the waterworks, other than for normal operating expenditures, without the prior written consent of the Indiana Finance Authority or Indiana Bond Bank, as the case may be, if such undertaking would involve, commit or use the revenues of the waterworks. (e) Except as otherwise specifically provided in Section 20 of this Ordinance and in the Prior Ordinances, so long as any of the 2009 Bonds are outstanding, no additional bonds or other obligations pledging any portion of the revenues of the works shall be issued by the City, except such as shall be made junior and subordinate in all respects to the 2009 Bonds, unless all of the 2009 Bonds are defeased, redeemed or retired coincidentally with the delivery of such additional bonds or other obligations. Such subordinate obligations shall be subject to the provisions of Section 20(d). (f) The provisions of this Ordinance shall constitute a contract by and between the City and the owners of the 2009 Bonds, all the terms of which shall be enforceable by any such owner by any and all appropriate proceedings in law or in equity. After the issuance of the 2009 Bonds and so long as any of the principal thereof or interest or premium, if any, thereon remains unpaid, except as expressly provided herein, this Ordinance shall not be repealed or amended in any respect which, in the determination of the Council in its sole discretion, will materially and adversely affect the rights of such owners, nor shall the Council or any other body of the City adopt any law, ordinance or resolution which, in the determination of the Council in its sole discretion, in any way materially and adversely affects the rights of such owners; provided, however, that if any of the 2009 Bonds are sold to the Indiana Finance Authority through the SRF Program or to the Indiana Bond Bank and remain outstanding, the City shall obtain the prior written consent of the Indiana Finance Authority or the Indiana Bond Bank, as the case maybe, prior to any amendment of this Ordinance. (g) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the 2009 Bonds for the uses and purposes herein set forth, and the owners of the 2009 Bonds shall retain a lien on such proceeds until the same are applied in accordance -26- with the provisions of this Ordinance and the Act. The provisions of this Ordinance shall also be construed to create a trust in the Net Revenues herein directed to be set apart and paid into the Sinking Fund for the uses and purposes of that Fund as set forth in this Ordinance. The owners of the 2009 Bonds shall have all the rights, remedies and privileges set forth in the Act. SECTION 22. Amendments With Consent of Bondholders. Subject to the terms and provisions contained in this section and Sections 21 and 23, the owners of not less than a majority in aggregate principal amount of the 2009 Bonds and then outstanding shall have the right, from time to time, to consent to and approve the adoption by the Council of such ordinance or ordinances supplemental hereto, as shall be deemed necessary or desirable by the City for the purpose of amending in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental Ordinance; provided, however, that if any portion of the 2009 Bonds are sold to the Indiana Finance Authority through the SRF Program or to the Indiana Bond Bank, the City shall obtain the prior written consent of the Indiana Finance Authority or the Indiana Bond Bank, as the case may be; provided, further, that nothing herein contained shall permit or be construed as permitting: (a) An extension of the maturity of the principal of or interest or premium, if any, on any 2009 Bond or an advancement of the earliest redemption date on any 2009 Bond, without the consent of the holder of each 2009 Bond so affected; or (b) A reduction in the principal amount of any 2009 Bond or the redemption premium or the rate of interest thereon, or a change in the monetary medium in which such amounts are payable, without the consent of the holder of each 2009 Bond so affected; or (c) The creation of a lien upon or a pledge of the Net Revenues ranking prior to the pledge thereof created by this Ordinance, without the consent of the holders of all 2009 Bonds then outstanding; or (d) A preference or priority of any 2009 Bond over any other 2009 Bond, without the consent of the holders of a112009 Bonds then outstanding; or (e) A reduction in the aggregate principal amount of the 2009 Bonds required for consent to such supplemental ordinance, without the consent of the holders of a112009 Bonds then outstanding. If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a notice, postage prepaid, to the addresses appearing on the Registration Record. Such notice shall briefly set forth the nature of the proposed supplemental ordinance and shall state that a copy thereof is on file at the office of the Registrar for inspection by all owners of the 2009 Bonds. The Registrar shall not, however, be subject to any liability to any owners of the 2009 Bonds by reason of its failure to mail such notice, and any such failure shall not affect the validity of such supplemental ordinance when consented to and approved as herein provided. Whenever at any time within one year after the date of the mailing of such notice, the City shall receive any instrument or instruments purporting to be executed by the owners of the 2009 Bonds of not less than a majority in aggregate principal amount of the 2009 Bonds then outstanding, which instrument or instruments shall refer to the proposed supplemental ordinance -27- described in such notice, and shall specifically consent to and approve the adoption thereof in substantially the form of the copy thereof referred to in such notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such supplemental ordinance in substantially such form, without liability or responsibility to any owners of the 2009 Bonds, whether or not such owners shall have consented thereto. No owner of any 2009.Bond shall have any right to object to the adoption of such supplemental ordinance or to object to any of the terms and provisions contained therein or the operation thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or restrain the Council from adopting the same, or from taking any action pursuant to the provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions of his section, this Ordinance shall be, and shall be deemed, modified and amended in accordance therewith, and the respective rights, duties and obligations under this Ordinance of the City and all owners of 2009 Bonds then outstanding shall thereafter be determined, exercised and enforced in accordance with this Ordinance, subject in all respects to such modifications and amendments. Notwithstanding anything contained in the foregoing provisions of this Ordinance, the rights and obligations of the City and of the owners of the 2009 Bonds, and the terms and provisions of the 2009 Bonds and this Ordinance, or any supplemental ordinance, may be modified or amended in any respect with the consent of the City and the consent of the owners of all the 2009 Bonds then outstanding. SECTION 23. Amendments Without Consent of Bondholders. The Council may, from time to time and at any time, and without notice to or consent of the owners of the 2009 Bonds, adopt such ordinances supplemental hereto (which supplemental ordinances shall thereafter form a part hereof): (a) To cure any ambiguity or formal defect or omission in this Ordinance or in any supplemental ordinance; (b) To grant to or confer upon the owners of the 2009 Bonds any additional rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the 2009 Bonds; (c) To procure a rating on the 2009 Bonds from a nationally recognized securities rating agency designated in such supplemental ordinance, if such supplemental ordinance, in the determination of the Council in its sole discretion, will not materially and adversely affect the owners of the 2009 Bonds; (d) To obtain or maintain bond insurance with respect to the 2009 Bonds; hereof; or (e) To provide for the refunding or advance refunding of the 2009 Bonds; (f) To provide for the issuance of additional bonds as provided in Section 20 -28- (g) To make any other change which, in the determination of the Council in its sole discretion, is not to the material prejudice of the owners of the 2009 Bonds. SECTION 24. Tax Matters. In order to preserve the exclusion of interest on the 2009 Bonds from gross income for federal income tax purposes and as an inducement to purchasers of the 2009 Bonds, the City represents, covenants and agrees that: (a) No person or entity, other than the City or another state or local governmental unit, will use proceeds of the 2009 Bonds or property financed by the 2009 Bond proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by 2009 Bond proceeds or will have actual or beneficial use of such property pursuant to a lease, a management or incentive payment contract, an arrangement such as take-or-pay or output contract, or any other type of arrangement that differentiates that person's or entity's use of such property from the use by the public at large. (b) No 2009 Bond proceeds will be loaned to any entity or person other than a state or local governmental unit. No 2009 Bond proceeds will be transferred, directly or indirectly, or deemed transferred to anon-governmental person in any manner that would in substance constitute a loan of the 2009 Bond proceeds. (c) The City will not take any action or fail to take any action with respect to the 2009 Bonds that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the 2009 Bonds pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations thereunder as applicable to the 2009 Bonds, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on 2009 Bond proceeds or other monies treated as 2009 Bond proceeds to the federal government as provided in Section 148 of the Code, and will set aside such monies, which may be paid from investment income on funds and accounts notwithstanding anything else to the contrary herein, in trust for such purposes. (d) The City will file an information report on Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code. (e) The City will not make any investment or do any other act or thing during the period that any 2009 Bond is outstanding hereunder which would cause any 2009 Bond to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations thereunder as applicable to the 2009 Bonds. Notwithstanding any other provisions of this Ordinance, the foregoing covenants and authorizations (the "Tax Sections") which are designed to preserve the exclusion of interest on the 2009 Bonds from gross income under federal law (the "Tax Exemption") need not be complied with to the extent the City receives an opinion of nationally recognized bond counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. -29- SECTION 25. Issuance of BANS; Other Actions. (a) The City, having satisfied all the statutory requirements for the issuance of the 2009 Bonds, has the authority to elect to issue a bond anticipation note or notes, repayable from the proceeds received from the sale of the 2009 Bonds (defined herein as the "BANs"). This Council hereby authorizes the issuance and sale of the BANS pursuant to I.C. §5-1-14-5 in one or more series, ranking on a parity with each other, in original aggregate principal amount not to exceed Six Million Two Hundred Thousand Dollars ($6,200,000) to provide interim financing until permanent financing becomes available and to pay for costs of issuing the BANs, and the BANS also may fund capitalized interest thereon. The designation of the BANS shall be "City of South Bend, Indiana Waterworks Bond Anticipation Note of 20 ". The BANS shall be issued in fully registered form in denominations of One Thousand Dollars ($1,000) or integral multiples thereof, shall be originally dated the date of delivery, shall be numbered consecutively from 1 upward, shall mature not more than five (5) years from the date of issuance, may be renewed or extended from time to time, over a period not exceeding five (5) years from the date of the original issuance of the BANS, in accord with I.C. §5-1.1-5, shall be prepayable on seven (7) days' notice in whole or in part in any authorized denomination without premium or penalty, shall bear interest at a rate not exceeding seven percent (7%) per annum, and shall be sold at a discount not exceeding ninety-nine percent (99%) of the principal amount thereof. Interest on the BANS shall be payable at maturity. The BANS shall be issued pursuant to IC 13-18-21 if sold to the Indiana Finance Authority, pursuant to IC 5-1.5-8-6.1 if sold to the Indiana Bond Bank or pursuant IC 5-1-14-5 if sold to a financial institution or any other purchaser. If the BANS are sold to the Indiana Finance Authority through the SRF Program, the Financial Assistance Agreement shall serve as the Bond Anticipation Note Agreement. The Executive and the Fiscal Officer are hereby authorized and directed to execute a Bond Anticipation Note Agreement or Financial Assistance Agreement (and any amendments made from time time) in such form as they shall approve acting upon the advice of counsel. It shall not be necessary for the City to repeat the procedures for the issuance of the 2009 Bonds as the procedures followed before the issuance of the BANs are for all purposes sufficient to authorize the issuance of the 2009 Bonds and to use proceeds thereof to repay the BANS. The principal of the BANS herein authorized is payable solely from proceeds received from the sale of the 2009 Bonds, and the interest thereon may be paid from such proceeds or from the Net Revenues or a combination thereof, and the proceeds received by the City from the sale of the 2009 Bonds and such Net Revenues are hereby irrevocably pledged to the payment of the principal of and interest on the BANS. The Executive is hereby authorized to determine the form of the BANS and to execute the BANs, the Fiscal Officer is hereby authorized to have the BANs prepared, and to attest to the BANs and affix the seal the City or cause a facsimile of the seal of the City to be imprinted or impressed on the BANs. The Fiscal Officer is hereby authorized and directed to obtain the legal opinion as to the validity of the BANs from Barnes & Thornburg LLP. After the BANs shall have been properly executed, the Fiscal Officer shall be authorized to receive from the purchaser thereof payment for the BANs and to provide for delivery of the BANs to the purchaser. Proceeds received from the sale of the BANs shall be deposited in the Construction Fund referred to in Sec. 11 of this Ordinance. The Fiscal Officer is authorized to sell the BANs to any investor, and to work with the investor to facilitate the sale of the BANs. In any case any officer whose signature or a facsimile signature appears on the BANS . shall cease to be such officer before delivery of the BANS, such signature shall nevertheless be -30- valid and sufficient for all purposes as if such officer had remained in office until delivery of the BANS. Upon execution of the BANS by the Executive and attestation thereof by the City Clerk, the BANS shall constitute the legal, valid and binding obligations of the City. No action shall be taken that would impair the exclusion from gross income of interest on the BANs provided by the Code (as defined in Section 24). In furtherance of the foregoing, the provisions of Section 24 of this Ordinance shall apply to the BANS in the same manner as they apply to the 2009 Bonds. The BANS shall be subject to transfer or exchange in the same manner as the 2009 Bonds, as described in Section 4, and to amendment in the same manner as the 2009 Bonds, as described in Sections 22 and 23. The Executive and the Fiscal Officer each are authorized and directed to execute a purchase agreement with respect to the BANS in such form or substance as they shall approve. As an alternative to any terms of the BANS set forth above and to the method of sale referred to above, the Fiscal Officer may negotiate the sale to the Indiana Finance Authority or the Indiana Bond Bank upon such terms as are acceptable to the Executive and the Fiscal Officer and as are authorized by law for such sale, and the Executive and the Fiscal Officer each are authorized to execute a purchase agreement with the Indiana Finance Authority or the Indiana Bond Bank reflecting such terms. (b) The Executive and the Fiscal Officer may take such other actions or deliver such other certificates and documents needed for the Project or the financing as they deem necessary or desirable in connection therewith. SECTION 26. Rate Ordinance. The rates and charges of the works are set forth or described in Ordinance No. 9561-OS adopted by the Council on January 10, 2005. Such ordinance is hereby incorporated by reference as if set forth in full at this place, two copies of which are on file and available for public inspection in the office of the City Clerk pursuant to I.C. §36-1-5-4. SECTION 27. Non-Business Days. If the date of making any payment or the last date for performance of any act or the exercising of any right, as provided in this Ordinance, shall be a legal holiday or a day on which banking institutions in the City or the jurisdiction in which the Registrar or Paying Agent is located are typically closed, such payment maybe made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. No Conflict. The Council hereby finds and determines that the adoption of this Ordinance and the issuance of the 2009 Bonds is in compliance with the Prior Ordinances. The Prior Ordinances shall remain in full force and effect (except as otherwise provided in Section 3 of this Ordinance). All ordinances and resolutions and parts thereof in conflict herewith, except the Prior Ordinances (except as provided in Section 3 hereof), are to the -31- extent of such conflict hereby repealed. None of the provisions of this Ordinance shall be construed to adversely affect the rights of the owners of the Parity Bonds. SECTION 29. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 30. Interpretation. Unless the context or laws clearly require otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. SECTION 31. Effectiveness. This Ordinance shall be in full force and effect from and after its passage and compliance with the procedures required by law. SECTION 32. Credit Facility. The Executive and the Fiscal Officer, on behalf of the City, are hereby authorized to obtain a Credit Facility or Additional Credit Facility as set forth in Section 14 herein. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to enter into an agreement with the Credit Facility Issuer for either the Credit Facility or Additional Credit Facility (the "Credit Facility Agreement") and negotiate the terms of the Credit Facility Agreement, with the advice of the City's financial advisor and Bond Counsel. The Executive and the Fiscal Officer, on behalf of the City, are also authorized to execute any and all other documents required to obtain the Credit Facility. The City hereby agrees that: (a) If the waterworks fails to pay any Credit Facility Costs in accordance with the requirements set forth above, the Credit Facility Issuer shall be entitled to exercise any and all remedies available at law or under the authorized documents other than (i) acceleration of the maturity of the 2009 Bonds or (ii) remedies which would adversely affect the owners of the 2009 Bonds. (b) This Ordinance shall not be discharged and the 2009 Bonds defeased until all Credit Facility Costs owing to the Credit Facility Issuer shall have been paid in full. (c) The Credit Facility Issuer is granted a security interest (subordinate to that of the owners of the 2009 Bonds) in all revenues and collateral pledged as security for the 2009 Bonds, for the repayment of the Credit Facility Costs. (d) No additional bonds payable from the Net Revenues will be issued without the Credit Facility Issuer's prior written consent as long as Credit Facility Costs are past due and still owing to the Credit Facility Issuer. (e) This Ordinance shall not be modified or amended without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's waterworks at such address as maybe specified, from time to time, by the Credit Facility Issuer. -32- SECTION 33. Actions and Agreements. Each of the Executive, the Fiscal Officer and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the transactions contemplated by this Ordinance, such necessity or desirability to be conclusively evidenced by the execution of such instruments or agreements or the taking of such action. this By: 1 st RgADIFId PUBLIC HEARIFIC; 3 rd READING NOT APPROVED REFERRED PASSED PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, _ day of , 2009. - 33 - COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Council ~~l~d [n Cl~rk'~ ®tfic~ MAY 2 0 2009 JOHN VOOFOE CITY CLERK, S0.6END, tIN. Exhibit A PROJECT DESCRIPTION The Project consists of upgrades, expansions, additions, replacements, extensions and improvements to the Waterworks, including: 1. The repair and replacement of a roof on a 5.5 million gallon reservoir. 2. The repair of an under drain and replacement of the filter media at a filtration plant. 3. The replacement of 4 main line valves. 4. The installation of a water main extension south of Ireland Road; and the redesign, repair and replacement of control valves for the Ireland Road Tank. 5. The installation of a water main extension from Carroll Street and Johnson Road to Lucinda Street and to U.S. 31, and from Lilac Road to Armstrong Drive along Kern Road. 6. The purchase of 2 tandem axle dump trucks and 1 backhoe. 7. The purchase of residential water meters. 8. Making any and all additional improvements related to the foregoing. -34- Exhibit B FINANCIAL ASSISTANCE AGREEMENT (Attached) [To be provided by the SRF Program] SBD502 PFACCENDA 388474v3 -35- BARNES &THORNBURG 1.1.P Philip J. Faccenda, Jr. (574) 237.1148 philip.faccenda®btlaw.com John Voorde Clerk of the City of South Bend 455 County-City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 600 1st Source Bank Center 100 North Michigan South Bend, 1N 46601 U.S.A. (574) 233.1171 Fax (574) 237-1115 www.btlaw.com May 20, 2009 Re: City of South Bend, Indiana Waterworks Revenue Bonds of 2009 Dear Mr. Voorde: Enclosed for filing are multiple copies of the Ordinance for the above-referenced City of South Bend, Indiana Waterworks Revenue Bonds of 2009 for financing waterworks projects in the City of South Bend as described in the Ordinance for first reading before the Common Council on May 26, 2009 and second reading on June 8, 2009. Please call me with any questions you may have. Sincerely, ~~ Phili J. Fa cen a Jr. p PJF:mdm Enclosures cc: Aladean DeRose SBDS02 PFACCENDA 389998v1 ~- ~ ~. 3~ Chicago Indiana Michigan Washington, D.C. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST-NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET. STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a public hearing on the petition to vacate the following property: AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET. Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION II(. The following property may be injuriously or beneficially affected by such vacating: Lot 18-1077-3233 Lot 18-1077-3241 SECTION IV. The purpose of the vacation of the real property is to consolidate the 2 properties on either side of the alley. 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. Member of the Common ouncil Attest: City Clerk i6~¢'~rp~~JS ~,r9:«~~'b ~~W+~`eF~:y ., ;'v"~tiE~lL t~'n . S+~J~i lUiOi~ -f+.e~ ~L;i~.f~{!W I~a~+a~~~ Caun~l+"q ort this issue Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock . m. City Clerk Approved and signed by me on the day of 2 , at o'clock . m. 1 sf RFADIA~ S-T~~° "°~ PUBLIC HEARlRG ~3 rd READWG NOT APPROVf~ REFERRED PASSED Mayor, City of South Bend, Indiana ~i[ed [n ~[~rk'a Qfiic~ MAY - $ 2049 J4RN YOO~taE CITY CLERK, S0.6_ND, fY. RETITlON TO VACATE PUBLIC RIGHTS-OF-E~$AY (STREETS/ALLEYSI TO THE C01~11MON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: 1 (4f!!E), THE UNDERSIGNED PROPERTY 0~66NER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: T~.~ ~;rS 1' Nd<~c~~s~~+~- /FiI.~Y v~sr o~ AllYn S-F t~~:^~ Lwi.J ~-a L;,,~IS~~ strr~ r- fG~ I a d,'s~„~~ ~, r: y6 a ~ ~Y ~ a..s ~ ~ ~ J ~~ a F ~~! Fir ~ P,;,~ 0. Pc~~- e~- cv~~:~s< 3fJ tldd,'a.~e~~ 6'0~+ sr +w v.5-,.P~ ~ify O~ SbJ+t... QrvL-~~ ~e.~n~ k~Sc{'ly Cov/i t-~/~ 1~1~~~4via. B. THE STREET DESCRIBED AS: NAME (signed & printed) vJ~~d~~ ~1~,~~r; wa~~,J ~r~~~~~~~~~; ADDRESS ` LOT # 513 ~/3 ~~ !~, ~ ~d sn~+k 8~~ 1~ /~- /o ~7 - 3 ~ 33 y66 aE 5134 3 I •~la ~ r~ so ~fti ,~~ri ~ T,~/ I g -077 -3 z L( y66a~ RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 ~~~~d try ~s~~~ss~ ~~~~~~~ MAY - 8 2009 JQIiF! VO6s~~E CONTACT PERSON (S) NAME: /Vin rl(/ F (ucn-1~1~cJ`~ ADDRESS: ~ (3 L~ ~ ~ ~( Lf~ G ~fJ PHOI~dE: .S 7~~~~ (D S~ C -3189 J ao ° -3192 r ~ rn rn ~ N ~ M ~ ~ I I ~ M I ~ I "~ w 1 -1077 18 1076 z ~ Q -~ z °~ LINDSEY ST. R15 .0 w J J 14' Q 18-1077 0 prj M 1+7 M N N ~ M f ~ cV ~t f. N M 18-1077 ~~NcoC N wq Y ~- ~~ST ~, i `~ 3 ~' i kHNG 18-1 36 ~ ~ E(S M/Cy qN 5 ~ 1 4NUf ~~ W 2 ° Z 18-1 35 ~ 3 0 Q ~' 4 °~ m ~£pER R'S R ~ ~ ~ o EV ~S p 'y~~HIG x ~ s LEGAL DESCRIPTION: qN gVEN~£ qp ~" ~ ~X = Q o~ u The. alley to be vacated is the first North/South alley West ~ ~ of Allen Street from Lincoln Way West to Lindsey Street for a distance of 146.2 feet and a width of 14 feet. Being a part of Cushing's 3rd Addition, Portage Township, City of South Bend, St. Joseph County, Indiana. 5~ PARCELID NAME_1 TAXMAILADD TAXMAILCIT 0 18-1035-1507 WHITLEY DENNIS SECUIRTY TITLE SERVICES LLC PO BOX 105 0 18-1035-1510 HEINTZELMAN MELODY 26140 BRUSH TR SOUTH BEND iN 46628 0 18-1035-1509 HEINTZELMAN MELODY ~ 26140 BRUSH TR SOUTH BEND IN 46628 0 18-" 035-1511 SWOAK JERRY W 6388 KENTSTONE DR I NDIANAPOLIS IN 46268-4861 0 18-1036-1570 HARRIS SHAWN P O BOX 770 DOLTON IL 60419 018-1035-1505 SALEH FOUAD 1108 LINCOLNWAY WEST SOUTH BEND IN 46616 / J ^?`~~ ~~~~~ ~ ~ 018-1035-1503 018-1036-1566 COMMUNITY 1ST INVESTMENT GROUP LLC BLOCK AMY 1114 LWW 612 CLEVELAND RD SOUTH BEND IN 46616 SOUTH BEND IN 46628 018-'036-1562 LINCOLNWAY WEST DEVELOPMENT 1202 LINCOLNWAY WEST SOUTH BEND IN 46628 018-1035-1508 KOEHLER RONALD E 1631 LWE SOUTH BEND IN 46613 018-1036-1567 SMITH HERMAN L 608 CLEVELAND AV SOUTH BEND IN 46628 1 !"` ~' ^ ~~~~ 018 1078-3193 DEUTSCHE BANK NATIONAL TRUST COMPANY AS CHASE MANHATTAN MTGE CORP PO BOX 501830 019-'077-322 KELLY RALPH M & JUDITH A 1215 LWW SOUTH BEND IN 46628 018-1077-3228 MBAE KARIMI 1203 LINCOLNWAY WEST SOUTH BEND IN 46616 018-1077-3231 MBAE KARIMI 1203 LINCOLNWAY WEST SOUTH BEND IN 46616 018-1035-1501'+ LOPEZ VICTOR & BARBARA 1110 LINCOLNWAY WEST SOUTH BEND IN 46616 018-1074-3112 BUILDING THE DREAM INVESTMENT GROUP LLC 5425 COTSWOLD LANE SOUTH BEND IN 46614 J 018-1077-3237) VENCZEL CAROLA 1119 LINDSEY SOUTH BEND IN 46616 J p 8 1D77-3238 : ~~ 018-1077-3229 L&G PROPERTIES REHAB INC JOSEPH ELMER S SR PO BOX 503 56149 OAK RD OSCEOLA IN 46561 SOUTH BEND IN 46619 018-1035-1521 WITTERS THURLOW D & MYRTLE E AS CO- TRUST 533 N. ALLEN ST., SOUTH BEND IN 46616 013- ~O:sS-15?2 MAGEE SANDERS 529 ALLEN ST SOUTH BEND IN 46616 018-1035-1514 LOTTIE OSCAR 610 BLAINE AV SOUTH BEND IN 46616 018-1035-1513 MONEY SOLUTIONS LLC 50736 MEADOW GREEN CT GRANGER IN 46530 018-1035-1504 LOPEZ VICTOR M & BARBARA R 1110 LWW SOUTH BEND IN 46616 018-1036-1561 WILLIAMS MARIE 1013 S 2ND ST ELKHART IN 46516 018-1035-15t2 LOTTIE OSCAR 610 BLAINE ST SOUTH BEND IN 46601 018-1076-3211 MOCHEL MICHAEL 53295 TWIN LAKES RD DOWAGIAC MI 49047 018-1079-3310 JOHNSON PEGGY SUE 715 N BLAINE ST SOUTH BEND IN 46616 018-1074-3105 HART GRACE 1305 W VISTULA ST BRISTOL IN 46507 018-1035-1506 SALEH FOUAD 1108 LINCOLNWAY WEST SOUTH BEND IN 46616 ~~ J (~ ~~ ~~ !3 018-1035.1500: WORDEN FRED 1 124 LINCOLNWAY WEST S OUTH BEND IN 46616 018-1074-3108 NEW HORIZONS OUTREACH MINISTRY INC 5 1305 LILAC RD SOUTH BEND IN 46628 013-^:077-3247 NTA PROPERTY MANAGEMENT LLC 2 01 CONROY RD STERRETT AL 35147 018-1077-3243 HOUSING ASSISTANCE OFFICE INC 1 047 LINCOLNWAY W SOUTH BEND IN 46616 018-1077-3245 CIESIOLKA RONALD A & JUDY G JTWROS NOT A 247 HIGGINS ST NILES MI 49120 018-1036-1542 PASSENGER PENNY 1212 LINCOLNWAY WEST SOUTH BEND IN 46628 018-1074-3109 RECA LIMITED PARTNERSHIP PO BOX 1996 I RMO SC 29063 -• '~"'""'°'""''" 01$•1077-3236' HOMECOMINGS FINANCIAL NETWORK C/O BRADLE 2355 AUBURN AVE ' CINCINNATI OH 45219 018-1076-3214 SMITH DAVE AS TRUSTEE OF THE 706 LAND TR P.O. BOX 2544 SOUTH BEND IN 46680 018-1036-1543 NEWBORNE KARL 51621 QUINCE RD SOUTH BEND IN 46628-9233 018•.1036-1565. HARRIS JAMES D P O BOX 23048LWW TOLEDO OH 43623 fiJl3-'Q"6-'55h;~ SMITH KAREN LEE 26041 DOLORES AVE SOUTH BEND IN 46619 018-1036-1563 DIGGINS BENNIE C. AND PAULINE E. 1622 COLMAR DR HOLIDAY FL 34690-6102 018-1074- 311001 CIESIOLKA RONALD A & JUDY G JTWROS AND N 247 HIGGINS ST NILES MI 49120 018-1074-3110 HARRIS GERALD W 1031 LWW SOUTH BEND IN 46616 013-^074-3111 MCBEE WILLIAM &MCBEE ALECKSANDER 7917 N 65 EAST MONTEREY IN 46960 018-1036-1541 HANSBERRY YVONNE 1216 LINCOLN WAY W SOUTH BEND IN 46628 018-1079-3335 LAWSON PHYLLIS J 714 N BLAINE ST SOUTH BEND IN 46616 018-1076-3187 LEE STELLA 2428 LINCOLNWAY WEST SOUTH BEND IN 46628 323301 EL AMMORI WADAD 51343 LILAC RD SOUTH BEND IN 46628 013-^077-3233 EL-AMMORI WADAD 51343 LILAC RD SOUTH BEND IN 46628 018-1077-3241 EL-AMMORI WADAD 4201 A MANNHEIM RD JASPER IN 47546 018-1074-3107 MCCLURE RICHARD L 217 N BURBANK AV SOUTH BEND IN 46619 310701 NEW HORIZONS OUTREACH MINISTRY INC 707-711 SHERMAN ST SOUTH BEND IN 46616 (, 018-1076-3189 ] HUGINS MARY E 707 ALLEN ST SOUTH BEND IN 46616 013-7076-3272 HEL~A MARY ALICE & BROMELING SUSAN MARY 712 N ALLEN ST SOUTH BEND IN 46616 f 018.1076-31901 CARTER AL. L. SR. 12601 STEEL AV DETROIT MI 48227 J d18•l076=3191:. DOROTEO FAUSTO P 3019 W. CALVERT ST. SOUTH BEND IN 46613-1018 r~ . -... J P18-1076.3192 KUJAWSKI LINDA L 270 BELLVUE LOOP FAYETTEVILLE GA 30215 018-1077-3222 STONECREST INVESTMENTS LLC 4300 STEVENS CREEK BLVD STE 275 018-'077-3223 KELLY RALPH P~A & JUDITH A 1215 LWW SOUTH BEND IN 46628 018-1079-3336 HUBLER WILLIAM W &HUBLER ROBERT L 712 BLAINE AVE. SOUTH BEND IN 46616 018-1076-3188 AMERICAN PROPERTY TAX FUND LLC PO 80X 6822 SOUTH BEND IN 46615 018-1074-3106 NEW HORIZONS OUTREACH MINISTRY INC 707 711 SHERMAN SOUTH BEND IN 46616 018-1077-3224 MCCOY ANTHONY EUGENE & FRED & JAMES AND 712 CLEVELAND SOUTH BEND IN 46628 018-1077-3230 RAMOS JONATHAN A 116 TALISMAN RD SAN ANTONIO TX 78210-4421 018-1076-3213 BROMELING DONALD C & SUSAN M 708 ALLEN ST SOUTH BEND IN 46616 018-1079-3334 SAENZ PAUL & MARTHA 716 ELAINE AV SOUTH BEND IN 46616 018-1076-3186 LLOYD MALONE S ~ 715 ALLEN ST SOUTH BEND IN 46616 018-1079-3309 WAIi<AO FREDRICK P.O. BOX 504 SOUTH BEND IN 46624 018-1079-3333 DARON SUSAN J 722 BLAINE ST SOUTH BEND IN 46616 018-1076-3185 HALE MICHAEL J 717 ALLEN SOUTH BEND IN 46616 018-1076-3210 DEUTSCHE BANK NATIONAL TRUST CO AS TRUST 3476 STATEVIEW BLVD FORT MILL SC 29715 013-1036-1571 ESPINO INVESTMENTS INC 4122 BONFIELD PL SOUTH BEND IN 46619 018-1077-3246 JAS INVESTMENTS 626 ALLEN ST SOUTH BEND IN 46628 321501 PATTON MICHAEL & TINA M 25839 BRICK RD SOUTH BEND IN 46628 018-1076-3215 NEW HORIZONS OUTREACH MINISTRY INC 707 711 SHERMAN SOUTH BEND IN 46616 018-1077-3248 NDALAMA TCHINGA H 632 ALLEN - SOUTH BEND IN 46616 1~~~ l~ P~~- 3S-~ 5 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING FUNDS FOR CAPITAL EXPENDITURES. FOR THE FISCAL YEAR 2009 FROM THE WATER WORKS DEPRECIATION FUND (#622) AND THE SEWAGE WORKS DEPRECIATION FUND (#642) STATEMENT OF PURPOSE AND INTENT The City anticipates making a variety of capital improvements to its various facilities and capital inventory during fiscal year 2009 and has determined that it is necessary and appropriate to make payment of these expenses and to appropriate sufficient funds from the various capital funds of the City to do so, and that it is in the best interests of the City that the same occur. The specific capital improvements and expenditures the City anticipates making and the capital funds from which appropriations are made to support those expenditures are identified hereafter. NOW, THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND AS FOLLOWS: SECTION I. The following amounts shall be and hereby are appropriated in the fiscal year 2009 and ordered set apart within the following designated capital funds for the payment of the expenses identified below, and in accordance with the detail attached as Exhibit A. FUND AMOUNT WATER WORKS DEPRECIATION FUND (Fund # 622) $1,700,000 SEWAGE WORKS DEPRECIATION FUND (Fund # 642) $7,000,000 SECTION II. If any one or more of the provisions of this ordinance or of the subparts of the previous Section I shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this ordinance shall be construed as if such invalid, illegal or unenforceable provision was not contained therein. SECTION III. This ordinance shall be in full force and effect from and a$er its passage by the Common Council and approval of the Mayor. Attest: City Clerk ~' ~rov~t sqy~' ~ n 6+•~c t W ~~i a .... ~..~.t S,a3 cda Ci~~ ~C~ ~.f~V V~~'C'i Gei ©p~~r~~„FL~ ~.T ~~~~~c hearing and Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. ~-I~ ~ . , ~~~ ~ Member of the Common Council Deputy City Clerk Approved and signed by me on the o'clock m. 1 st READING ~ L1O~~~ PUBLIC HEARING 3 rd READING NOT APPROVFfl REI:ERRED PASSEt3 .. . day of 2009, at Mayor, City of South Bend ~ii~d i~ Ci~~k'S ~~fi~e ~q ~Y 2 0 2009 JQ6°IFa L"JOP~DE CITY CLERK, S0. BEND, IN. COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 PxoNE 5741235-9216 FAx 574/235-9928 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LLTECKE, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER May 20, 2009 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: Ordinance appropriating money for utility capital for fiscal year 2009 Dear President Dieter: Attached for consideration by the Common Council, is an Ordinance requesting appropriation of Water and Sewer Capital Funds. These funds are paid from user fees and may not be used for any other city operation expenses. A detailed list of capital expenditures will be provided to the Council in ample time before any final action is taken by the Council. I would like additional time to review the list with Gary Gilot. Upon my review, I will forward for your consideration. I, along with the Gary Gilot, will present the information at the regularly scheduled Personnel & Finance meeting. Thank you for your attention to this matter. Sincerely, ~~/~~ , M. Catherine Fanello, CPA Controller JANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY ~~~ll h~~~ 3`~-J9 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9822-08 WHICH APPROVED TEAMSTER EMPLOYEE WAGES FOR 2009-2010 BY ADJUSTING WAGES OF WATER WORKS SHUT OFF CLERK STATEMENT OF PURPOSE AND INTENT Ordinance # 9791-07 approving Teamster Local 364 wages was passed by the Common Council on September 24, 2007. It was amended on January 28, 2008 by Ordinance # 9822-08 because the:• actual ratification of the Collective Bargaining Agreement between the City and Teamsters Local 364 occurred after passage of Ordinance # 9792-07, and the Collective Bargaining .Agreement provided for annual wage increases not included in original Ordinance # 9791-07. At this time an amendment to Ordinance #9822-08 is necessary to adjust the wages of Water Worics Department Shut Off Clerk because Ordinance # 9822-08 did not take into account advancement incentive pay earned by this employee in years 1995 through 1998 inclusive. NO~JV; THEREFORE BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Ordinance #9822-08 is hereby amended to change the wages of Water Works Department Shut Off Clerk as follows: 2009 Rates % Increase 2010 Rates Shut Off Clerk $14:4-~ $15.38 2% Q'~ $15.69 Section II. Ordinance # 9822-08 shall in all other ways be reaffirmed and unaffected by this Ordinance. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and as a matter of equity to the affected employee, this ordinance shall be given effect as of January 1, 2009. Member of the Common Council r Attest: City Clerk : Op~~i ~~~re~' ~~e ptt~~c F'r~ai7ng ~~ 0~ ?C~~1lI Q{1 ftti$ ISSN, • Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock m. Deputy City Clerk Approved and signed by me on the day of , 2 , at o'clock m. Mayor, City of South Bend 5 _Ze-~`~ ~ st READING p~BL[C HEARING 3 rd P.EADING t~'OT AppROVI~ h1 AY ? 0 2CC9 3Cs~~; ~~Dii?c ~ c? RED x>ASSED. C.oUNTY--CITY BUILDING 227 ~ JEFFERSON BLVD. SOUTH BEND, INDV+NA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574/ 235-9216 FAx .574/235-9928 TDD 574/ 235-5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER May 20, 2009 Mr. Derek Dieter President, South Bend Common Council 4th Floor, County-City Building South Bend,1N 46601 Re: Ordinance Amending Ordinances #9791-07 and 9822-08 Dear President Dieter: Attached for consideration by the Common Council is an Ordinance amending Ordinances #9791-07 and 9822-08 which approved the Teamster Local No. 364 employee wages. The attached ordinance adjusts the wages of the Water Works Shutoff Clerk because previous Ordinance #9822-08 failed to take into account advancement incentive pay earned by this employee in years 1995 through 1998 inclusive which were and should have been carried forward in her actual wages. In 2009 the adjustment is from $14.17/hr. to $15.38/hr., and in 2010 it will be $15.3 8/hr. to $15.69/hr. Please note, that this ordinance should be given retroactive effect to January 1, 2009 as a matter of contract and equity. I will present this ordinance to the Council along with Roxanne Lawson of the Water Works Department. Sincerely, M. Catherine Fanello, CP Controller JANI~E L HALL JOHN M~,~ ROBERT ALIEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 May 20, 2009 The Honorable Council of the City of South Bend `~Sl ~~~ j -~ 4th Floor, County-City Building ) ~-~l, South Bend, IN 46601 RE: A proposed ordinance of Douglas Road Partners, L.P. to zone from CB Community Business District, to CB Community Business District, property located at 3454 Douglas Road, City of South Bend - APC# 2487-08 Dear Council Members: I hereby Certify that the above referenced ordinance of Douglas Road Partners, L.P. was legally advertised on Thursday, November 6, 2008 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2009 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, the proposed ordinance of Douglas Road Partners, L.P. to zone from CB Community Business District, to CB Community Business District, property located at 3454 Douglas Road, City of South Bend is sent to the Common Council with a favorable recommendation, subject to 1. that there shall be no vehicular or pedestrian ingress or egress to or from the subject property, and both Elkins Street and McErlain Street; 2. that there shall be a cross access easement from the subject property to neighboring lots with Tax Key Numbers 24-2023-0548 and 24-2023-0548.01; 3. that no controlled uses are allowed on the southern 260 feet of the subject property; 4. that the only controlled uses that will be allowed on the rest of the site are: bar/tavern and billiard hall; 5. that an earthen mound be constructed and maintained near and along the southern boundary of the non-residential zoning area where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and shaped by September 1, 2009, as shown on Exhibit A. Access paths made of serviceable materials with sufficient strength shall be provided as shown on Exhibit A to allow the City of South Bend to perform maintenance and inspection with heavy equipment. Evergreen trees with a minimum height of 6 feet shall be planted in a staggered pattern, where achievable, on the new mound every 15 feet by November 15, 2009. Trees shall be replaced with new 6 foot high trees as needed; and 6. that no structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of subject property. Lighting on the southern side of any structure within the southern one hundred and fifty feet {150') of the subject property shall be cut-off type. Example attached showing cut-off type and mound as Exhibit B. All parking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 of cut-off type shown on Exhibit B.. The site is a logical extension of the commercial area along Douglas Road. The written commitments would help to protect the residential are to the south. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ~~~ w hn W. Byo ' JWB:jsc Attachment Douglas Road Partners, L.P. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2487-08 Owner: Douglas Road Partners, L.P. Location: 3454 Douglas Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from CB Community Business District to CB Community Business District to allow Permitted uses allowed in CB Community Business District, excepting those within the written commitments. Land Uses and Zonin g: On site: On site is Brown Mackie College, currently under construction. North: To the north is Memorial Home Care zoned CB Community Business District. East: To the east is a dance school zoned LB Local Business. South: To the south are homes zoned R Single Family District (County). West: To the west aze single family homes zoned R Single Family District (County). District uses and development standards: The CB -Community Business District is established to provide a location for high volume and high intensity commercial uses. Activities in this district are often large space users which may include limited amounts of outdoor sales or outdoor-operations. Developments within the CB District shall be coordinated to facilitate vehiculaz and pedestrian access from neazby residential districts. Site plan description: The total site is 12.13 acres. The site plan shows a 46,008 square foot office building, which is currently under construction, and 479 pazking spaces. Improvements will cover 38.3% of the lot. An additional 77 pazking spaces have been set aside for the future. The remaining open space will be 61.7% of the site. Zoning and land use history & trends: The portion of the site currently zoned CB Community Business District was rezoned from SF1 Single Family and Two Family District and OB Office Buffer District in September of 2005. In October 2007 a petition similaz to the current one was approved subject to written - commitments. The written commitments were approved in December 2008. Traffic and transportation considerations: Douglas Road is currently two lanes and is currently being widened to four lanes. Utilities: The site will be serviced by municipal water and sewer. Additional information: (Agency comments) According to the FIRM Maps by FEMA, the southern part of this site, which is part of the proposed parking lot, is located in the floodplain. The Wetland Inventory Maps indicate there are wetlands in the southwest comer of the site. Commitments: There aze two differences between the commitments which were passed in December 2008 and the commitments submitted with the current petition. They aze: 1) the approved commitments list Douglas Road Partners, L.P. #2487-08 Page 1 of 1 any replacement mounds to have a height of 10' with a setback of 30' from the wetlands, and a mound width at the top of 10' wide. The current proposal notes a mound height of 6' to 7' with no setback and no minimum width for the top of the mound; 2) The mound trees on the original commitments were noted as being 15' on center in a zig-zag pattern. No pattern is mentioned in the proposed commitments. 5 Criteria (per IC 36-7-4-603): 1. Comprehensive Plan: Policy Plan: Citv of South Bend -City Plan. November 2006 Objective LU 2: Encourage a compatible mix of land uses in the community. LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. • The rezoning is consistent with these policies. Land Use Plan: Cit~of South Bend -City Plan, November 2006 The Future Land Use Map identifies this general area as a Regional Commercial Node. The rezoning is consistent with the Future Land Use Map. 2. Current conditions and character: Brown Mackie College is under construction. The remainder of the site is currently vacant land. The surrounding area is a mixture of medical and professional offices uses, single family homes, and commercial. 3. Most desirable nse: The-most desirable use for this site would be commercial or office uses. 4. Conservation of property values: The surrounding residential properties values to the south and west may be affected by this rezoning if it is not properly buffered S. Responsible development and growth: It is responsible development and growth to allow the expansion of existing commercial nodes while maintaining a buffer to protect adjacent residential areas. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petifion be sent to the Common Council with a favorable recommendation subject to the following written commitments based on those recorded as part of the 2007 rezoning: 1. That there shall be no vehicular or pedestrian ingress or egress to or from the subject property, and both Elkins Street and McErlain Street; 2. That there shall be a cross access easement from the subject property to neighboring lots with Tax Key Numbers 24-2023-0548 and 24-2023-0548.01; 3. That no controlled uses are allowed on the southern 260 feet of the subject property; 4. That the only controlled uses that will be allowed on the rest of the site aze: bar/tavern and billiazd hall; 5. That an earthen mound be constructed and maintained on the southern property line where no mound currently exists, but if existing mound is removed, then a new earth mound shall be constructed and maintained 30 feet from the southern wetlands on the Douglas Road Partners, L.P. #2487-08 Page 2 of 2 southern property line in its place. The new mound will measure ten feet (10') tall and will have a width of thirty feet (30') from the southern wetland on the southern border of the property. The top of the mound will have a flat ten foot (10') wide portion planted with white pine evergreen trees six feet (6') in height, planted in a zig-zag pattern fifteen foot (15') on center. This mound would be installed within ninety (90) days of the commencing the construction of the first building on the site. The trees will be replaced, as necessary; 6. That no structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of subject property. Lighting on the southern side of any structure within the southern one hundred and fifty feet (150') of the subject property shall be cut-off type. Example attached .showing cut-off type and mound as Exhibit A. All parking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of cut-off type shown on Exhibit A. Analysis: The site is a logical extension of the commercial area along Douglas Road. The written commitments would help to protect the residential area to the south. Douglas Road Partners, L.P. #2487-08 Page 3 of3 '/ f / / B .+ ~ ~ ... ! R; Rezoning from: "CB" CR7-MMUNITY BUSINESS DISTRICT ~o "CB" CrJMMUNITY BUSINESS DISTRICT Zoning Ivey COUNTY, "R" SINGLE FAMILY ® COUNTY, "R-2" RESIDENTUsL COUNTY, "OB" OFFICEIBUFFER COUNTY, "B' BUSINESS ® COUNTY, "C"COMMERCIAL SOUTH BEND,"SF1" SINGLE FAMLY&TWO FAMLY _,., ' SOUTH BEND,"LB' LOCALBUSINESS ®SOUTH BEND,"C@' COMLIUNIT`f BUSINESS M SHAUUAKA B g ~ N .~~~. ,'~; - W ~ ~, ~ E ~. `~1'` ,: inc~h = ~Q~ f~~t ~1 ~,.I ~ LTV f -V V ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The current zoning is "CB" Community Business District and the proposed zoning for the property is "CB" Community Business District to allow for all permitted uses in "CB" Community Business District except those uses within the written commitments attached hereto. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT I IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH 01 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. be and the same is hereby established as "CB" Community Business District. 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 legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2008, at o'clock .m. City Clerk Approved and signed by me on the day of , 2008, at o'clock .m. 1 st READING. PUBLIC HEARING 3rd READING NOT APPROVED REFERRED PASSED Mayor of the City of South Bend, Indiana ~i~~0° ~i'3'wi~i`~r'~ ~r~1GL' APR 2 ~ ~uu9 JC(,H VGORDE CITY CLERK, 50. t3END, IM. Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www. stjosephcou ntyi ndiana.com(areaptan Fax 574 235-9813 Apri128, 2009 Honorable Common Council Of The City of South Bend 4~' Floor, County-City Building South Bend, Indiana 46601 RE: Bill # 62-08 A bill of the Common Council of the City of South Bend amending Chapter 21 of the zoning ordinance. Dear Council Members: The following changes have been made to the Ordinance for the above-referenced petition: Ordinance: 1) Address has been changed from to 3454 Douglas Road. 2) The current zoning district is CB Community Business District. If you have any further questions, please call me at 574-235-9571. Sincerely, ~:~ ~~1 Christa Nayder Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Date Filed Date received by the Area Plan Commission Application No I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: Property located between 3466 and 17210 Douglas Road and south of 17210 and 17242 Douglas Road and approximately 1,000 feet east of S.R. 23 2) Name and address of property owner(s) of the petition site: Douglas Road Partners, L.P. 227 South Main Street, Suite 300 South Bend, IN 46601 (574)234-2073 3) Name and address of contingent purchaser(s), if applicable: NA 4) It is desired and requested that this property be rezoned from "CB" Community Business District. "SF 1" Single Family and Two Family District to "CB" Community Business District 5) This rezoning is requested to allow the following use(s): Permitted uses allowed in "CB" Community Business District excepting those within the written commitments. 6) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and intent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petition property; and (e) addressed, stamped envelopes for all property owners within 300 feet of the petition property (f) a location map, if available, drawn to scale, which includes street names, printed in 8'h" x 11" format. Signature(s) of all property owners, or Attorney for all property owners: Printed: Frank Perri Dou oad P ers P. Signed: -~---~ Title: - Address: 227 South Main Street, Suite 300 South Bend. IN 46601 _ Phone Number: (574) 234-2073 PETITION PREPARED BY: Derek J. Spier, A.I.C.P. Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574) 232-8700 dspier@abonmarche.com CONTACT PERSON: (If different) Fii~~ in Cierk'~ Ofifiiee OCi' - 8 2008 JO'siN VoOhGE CITY Cl.ER;C, 50. BEP,°a, !N. Same as Petitioner & Property Owner 4___ ______-__-____-________/~1J_ I PROPOSED OWCLAS ROAD INDENWC PROPOSED DOUCUS ROAD a1DENING i ~-~ J J r E~b1. ~~ ___ __- I I I ~ -f-- _- - 1 ~ ~ - - __a49WdNq-latbgd~__ _______~ 0. ~ r ~ .~ 1 I I I _ r'-- _ _ _ p q M -a 1-YbY i 1 I I n , ° Yby 1 I 1 ~ I I I ~ l~ ~ ~ ~ ~ ~ 1 ~ I I g ,g I3 NTLNE 9)E I I I NiIIPE 91E I I I ' i I 1 I I 1 I I I I Z ~ I„ III III I I I III I I I gA 'SI -t--1 M w.a.wswaa ~' - te• T9' ~ I 1 I 1 - 1 I JI 1 7 I 1 h ~, 6 6 I I i 1 I . W 'I PRdV9:D mra 9.IIEYgD J-.SInPY I I c 1\ ~ . d400e Nf 6 6 O Y { p p I ~ Z ,~ :~ ]1. 1 I I I , I O I 1 J_ J ~~ . ~ e e e e e e ^ ~ ~,~ ~ .~RX ^ d~i. I NR9 H 78 E J - ~ ) J .. ~ ~ ~~ I~ e.' ~:, '; ~'' I~ EJOlIDJD SCa. P!E Te xmdn xeyl b xro NMIn ~ - . II }I {I 1 'I ~I {yI '7I I I I 1 I I I I id ~` . - _ - Ilir-_ i _ _- ~ ~(i 1111 1 1 ~-I'I ~ ~ 1 ~ I i 1 .~' .... -~ - Jm ._ t L E~bINq_IlbgvM _ .~_ ----- -- - - I 1 N89'57'12'W 509.81' I I I 1 I II 11 IIII ~~I II IIIIII IIIIII ~~.1 __] it ~.~.I-~r~~~~~~~;~i~~~~~;~~~~ ___~ T66r•Pwbq '~ liiiiiliiiiiiiiiiiiiii r .J GENERAL DATA 1. Told Ar•¢ l345'ro p a (121]! abr) S)S vn la b. IrmM to 'CB' 2 dYml trbp 'W fnmunltY BwMr d,bbl vb 'Sl' SMpla EamIY ob fie fam1Y Obbkl 1 0.opa•M ImYq d«tlhaDoru 'dl' Comm6nMy luvbm DblrkL A Rap«W lad Us Uw nYa•ad b 'CB' CrmenllY EuSY•r Dbbkl T«IDa ua•Y bar y1 le N blrmbad a 161 pxpard Wldbq bxlbn, N~ drMt sk plbq rsa• eti ~p,xinal• sM nib),al le Nang plr le ILd ~b Ilr apYa1<6 !. 161 I,aPassd Na N1 b IrN6W by dIY el lwW 9.N Mlr ak leer. ). N bn6aapbp pd wrnlw Nat N b aemdsin NIM1 !•cllen tl-D).01 N M. CIIY Imbq dAnmw W.•a I6a grgr wb~ rs pentad a 1M ablbyy •Nbnd bxlbn6 Am bsr aDpard by Ib• IYJIM llalr Army LbP N Ggb.ru b cmanpw r Aupnl ). Nqe. TAevurEO Dara Am sr s11 . saaln w n. (121! Ac) PraoaW lyd Cawro« Mro (p al Prarlm Bu161p Ia530 30! PreYV rd on.. lee,exl SSS] aor sg«. lxe.lm e1.)! Ta1d. !xal70 IOSOI PARKING CALCULATIONS P«bbq P.yY•d !! PrLbv gacr yr 1,060 p n. Psbbq CdWaliav~ Ia00! p a / 1,000 K a . N • 1! q«r iald • IE1 9aer spubd (bdudbq ! ADA syaew) PskYq RMdad IA - q' • ]0' q«r (bddby IS ADA sysa) Eulw Prkbq 0.atld,Q Addlbd )) - q' v ]0' sp«w Lemlbn d°"'^ LEGEND NuMr .l Pebbq !pens ryp. a -Pans sr«nbv (t) sx,psse br b •~ t! 1x1 el bl Iba 7'D~ >G~' $I ip4! blMar Isk.alpa Ywd (I) elwnanld br Inh PNIIYr t haprlY danr. pppr paup Pulnra, LP. ® Tpa A - Opr Lrdr~bp ]]) Swtli Yab llrxl !Ella ]f10 lauU era W 15601 (I) dwG bx Ir x•'Y 10 MI sl bl M Pty iwakolbn LmdxapYq NuunvNa'~GnWBmlti LLL ,1 EY!//!/!/!/!//.I ~10I badW Wmb b ~ bd sl Ie,aM x )!0 Il~<ab WaY EaN Sxlb BM W 15601 Filed In ClQrlt'~ Qif'sce OCT - ~ 2008 JOHNVOORDE CRY CLERK, S0. BEND, IN. i GRAPHIC SCALE IW w) 1 W - a PRELIMINARY SITE PLAN SEC. 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA =. ABCNMARCHE CONSULTANTS, LL.C. I,e114i,j ~Il,u uWnu ~xw+1. IDe Yo. Ye-a1w SHEET fiCLO 9aM.e- 1 SURI£YEO Br. ODAYM: DCY /,. LEGAL DESCRIPTION A PART OF LOT 1 OF HARTMAN'S DOUGLAS ROAD MINOR SUBDIVISION A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH Ol DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. /`p~t~ ~~ ~4 ~+ OCT - $ 2008 JC'~iv V~~~S~:L;E STATEMENT OF PURPOSE AND INTENT The current zoning is "CB" Community Business District and "SF1" Single Family and Two Family District and the proposed zoning for the property is "CB" Community Business District to allow for all permitted uses in "CB" Community Business District except those listed within the written commitments which are included with this rezoning request. ~ll~ ` ~l~ C~~i ~~'~ •`s~~ajL~ OCT - $ 2008 .lo;iN Vt3Q~DE CITY CLESK, SQ. BENp, tN. COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE MADE IN CONNECTION WITH A DEVELOPMENT PLAN APPROVAL, ZONE MAP CHANGE OR PLANNED UNIT DEVELOPMENT REQUIRED BY THE CITY OF SOUTH BEND ZONING ORDINANCE In accordance with I.C. 36-7-4-613, the Owner of the real estate located in St. Joseph County, Indiana which is described below, makes the following COMMITMENTS concerning the use and development of the following described parcel of real estate: LEGAL DESCRIPTION: A PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIl' 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HARTMAN'S DOUGLAS ROAD MINOR, RECORDED AS INSTRUMENT NUMBER 0546777 IN THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF, THENCE SOUTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG THE NORTH LINE OF SAID EAST HALF, A DISTANCE OF 139.00 FEET; THENCE SOUTH 00 DEGREES 49 MINUTES 39 SECONDS WEST, A DISTANCE OF 220.03 FEET TO THE POINT OF BEGINNING MARKED BY A FOUND LANG/FEENEY REBAR AND CAP; THENCE NORTH 89 DEGREES 52 MINUTES 54 SECONDS EAST, A DISTANCE OF 187.70 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 00 DEGREES 14 MINUTES 52 SECONDS EAST, A DISTANCE OF 179.71 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF DOUGLAS ROAD; THENCE NORTH 89 DEGREES 57 MINUTES 53 SECONDS EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 546.61 FEET TO A POINT BEING SOUTH 89 DEGREES 57 MINUTES 53 SECONDS WEST, A DISTANCE OF 455.05 FEET AND SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A HARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 MINUTES 57 SECONDS WEST, A DISTANCE OF 711.95 FEET TO A FOUND 1/2" IRON PIPE; THENCE NORTH 89 DEGREES 59 MINUTES 21 SECONDS WEST, A DISTANCE OF 362.31 FEET TO A FOUND 518" REBAR; THENCE NORTH 89 DEGREES 57 MINUTES 12 SECONDS WEST, A DISTANCE OF 509.91 FEET TO A POINT ON THE WEST LINE OF SAID EAST HALF, BEING MARKED BY FOUND 3/4" IRON PIPE; THENCE NORTH 00 DEGREES 31 MINUTES 07 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 287.09 FEET TO A FOUND 5/8" REBAR; THENCE NORTH 89 DEGREES 44 MINUTES 18 SECONDS EAST, A DISTANCE OF 134.10 FEET; THENCE NORTH O1 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PURCHASE PARCEL CONTAINING 12.135 ACRES, MORE OR LESS; SUBJECT TO ANY EASEMENTS, COVENANTS, RESTRICTIONS, AND RIGHT OF WAY OF RECORD; THIS DESCRIPTION WAS PREPARED BY AARON BLANK, P.L.S. EMPLOYED BY ABONMARCHE CONSULTANTS OF INDIANA, L.L.C., ON JUNE 06, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. STATEMENT OF COMMITMENTS: 1. Petitioners agree that there shall be no vehiculaz or pedestrian ingress or egress to or from the Real~Estate being rezoned, the "Real Estate" to Elkins or McErlain Streets. 2. Petitioners agree that there shall be a cross access easement from their Real Estate to neighboring lots #24-2023-0548 and #24-2023-0548.01. 3. Petitioner respectfully requests that the entire site be rezoned to CB Commercial Business zoning in order to meet the needs of the current owner and/or contingent purchaser and for purposes of developing a more cohesive site plan. 4. Petitioners agree to restrict the controlled uses, as listed in petition #40-07 "Commitment Regarding Use and Development of Real Estate" and recorded on October 21, 2005, from locating on the southern 260 feet of described Real Estate. 5. Petitioners agree to restrict the controlled uses on the remainder of the Real Estate as listed in petition #40-07 "Commitment Regadding Use and Development of Real Estate" and recorded on October 21, 2005, with the following exceptions which petitioner asks to be allowed to be developed on the site. Gasoline Service Station with or without Repair Fast Food /Drive Thru Baz and/or Tavern Retail Improvement Store Billiazds Hall 6. Petitioners agree to construct and maintain an earthen mound neaz and along the southern boundary of the non-residential zoning azea where no mound currently exists. However, if the existing mound is removed, a new earthen mound shall be constructed and maintained in its place. All new mounds to be constructed shall be 6-7 feet tall as measured from the existing ground to the top. Evergreen trees 6 feet in height shall be planted on top of the new mound every 15 feet. The new mound shall be installed during the construction of the first building. 7. No structure, building or sign exceeding 24 feet in height shall be constructed or placed on the southern 150 feet of Real Estate. Lighting on the southem side of any structure within the southern 150 feet of Real Estate shall be cut offtype. All pazking lot lighting will comply with dark skies recommendations and be constructed so as to not allow any direct rays of light to be seen from the lens in the lighting fixture or the bulb itself from any presently developed adjacent residential property on the south side of McErlain Street. Lighting on the western side of any structure adjacent to Elkins Street shall be of a cut off type. 2 These COMMITMENTS shall run with the land, be binding on the Owner of the above- described real estate, subsequent owners of the above-described real estate and other persons acquiring an interest therein. These COMMITMENTS maybe modified or terminated by a decision of the Area Plan Commission of St. Joseph County made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of petition # pursuant to the City of South Bend Zoning Ordinance, and shall continue in effect until: (i) the real estate is rezoned; or, (ii) modified or terminated by the Area Plan Commission of St. Joseph County. These COMMITMENTS may be enforced jointly or severally by: 1. The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all parcels of ground adjoining the real estate within three-hundred (300) feet of the subject parcel and all owners of real estate within the area included in the petition who were not petitioners for approval; and 4. South Bend City Attorney, Zoning Administrator, appropriate enforcement official, and other specially affected persons designated in such commitments. The undersigned hereby authorizes the Executive Director of the Area Plan Commission of St. Joseph County to record this Commitment in the Office of the Recorder of St. Joseph County, Indiana, upon final approval of petition # Petition prepared by: Derek J. Spier, AICP, Abonmazche Consultants, L.L.C., 750 Lincoln Way East, South Bend, IN 46601. IN WITNESS WHEREOF, Owner has executed this instrument this 7~day of ~c~ . , 2008. (Organization Owner) Douglas Road artners, L.P. By Printed Frank Perri Title - (Organization Acknowledgment) STATE OF I~Dl~-,~~ ) SS: COUNTY OF Ste- Sosr~H- ) Before me, a Notary Public in and for said County and State, personally appeared '~i2ANK '~-~2R- ,the Qq.~+~F~ of -I7o~c. ~~s ~~~a ~a.,~-~~s , a(n) L~iv-r-F~ I~Arrr-~f/LSf++P ,Owner(s) of the real estate described above who acknowledged the execution of the foregoing instrument in such capacity and who, having been duly sworn, stated that any representations therein contained are true. Witness my hand and Notarial Seal this 7 `~+ day of Ocol3E/z.. , 2vo'~ . Signature ~ -. S ' Printed ~~tc ~ . S~~ fi2 Coun of Residence ~~. ,1osEP~-I- I~ .T'f~~l°-~ -:._.~'_ t3' ~ AC.1~`ti~5'T'~TEE~'~Il'~DI~dA . = ~ =: ~: j~~H c~trr~t My Commission expires: (7~-o~HZ zs. Zoo g rY'n ~ol'~~i'-`-=o;~ ~'p. o~'. 2' 2`~ This instrument was prepared by Derek J. Spier AICP Abonmarche Consultants, L.L.C., 750 Lincoln Way East, South Bend, IN 46601. 0 G~ y ~ L~r' JOHN V9G;~t?d 4 Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 May 20, 2009 The Honorable Council of the City of ~ `~, ~ f..~ ~ ~ ~~ ' ~~ South Bend 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of SouthGate Church, Inc. F/K/A Calvary Temple-South Bend Gospel Tabernacle, Inc. to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 3423 and 3507 South Michigan Street, City of South Bend - APC# 2511-09 Dear Council Members: I hereby Certify that the above referenced ordinance of SouthGate Church, Inc. F/K/A Calvary Temple-South Bend Gospel Tabernacle, Inc. was legally advertised on Thursday, April 2, 2009 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2009 took the following action: Upon a motion by Gary Gilot, being seconded by Phil Sutton and unanimously carried, the proposed ordinance of SouthGate Church, Inc. F/K/A Calvary Temple- SouthBend Gospel Tabernacle, Inc. to zone from MU Mixed Use District to SF2 Single Family and Two Family District, property located at 3423 and 3507 South Michigan Street, City of South Bend is sent to the Common Council with a favorable recommendation. This rezoning will allow for the adaptive re-use of a vacant building. The proposed school will be a community asset that is consistent with the surrounding land use. The re-use of this building will contribute to the growth of the neighborhood as well as the South Gateway Commercial Corridor. The deliberations of the Area Plan Commission and points considered in amving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ' Jo W. Byorn' JWB jsc Attachment CC: SouthGate Church, Inc. F/K/A Calvary Temple-South Bend Gospel Tabernacle, Inc. Charter School Development Corporation Wendy K. Walker-Dyes Susan Scudari, Lee Companies Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2511-09 Owner: SouthGate Church, Inc. F/K/A Calvary Temple-South Bend Gospel Tabernacle, Inc. Location: 3423 and 3507 South Michigan Street Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow Renovation of an existing building for a new primary and secondary public charter school. Land Uses and Zoning: On site: On site is an existing 44,500 square foot vacant commercial building with a large vacant area along Main Street. North: To the north are single famiy homes zoned SF2 Single Family & Two East: Family District. To the east are offices zoned OB Office Buffer, the South Bend Motel zoned LB Local Business District, and single family homes zoned SF2 Single Family & Two Family District. South: To the south is Rehab Ministries and a pazlcing lot zoned LB Local Business District. West: To the west are single family. homes zoned SF2 Single Family & Two Family District. District uses and development standards: The SF2 Single Family & Two Family District is established to protect, promote and maintain the development of single family dwellings and two family dwellings in the urban core of the City of South Bend as well as to provide for limited public and institutional uses that aze compatible with an urban residential neighborhood. Site plan description: A site plan is not required for this rezoning. Zoning and land use history & trends: In 1992 the subject property was rezoned from "B" Residential and "D" Light Industrial to "C" Commercial. In 2002 a revised final site plan was approved. When the new zoning ordinance and map were adopted in 2004, the subject property was zoned MU Mixed Use District. Traffic and transportation considerations: Dean Street has two lanes. Main Street has two southbound lanes. Sherwood Street has two lanes. ]Michigan Street has three northbound lanes. Utilities: The site is served by municipal water and sewer. South Gate Church, Inc. #2511-09 Page 1 of 1 Additional information: (Agency comments) The City Engineer had the following comments: Recommend approval subject to drainage plan and access plan in final site plan. Wish to reduce cuts on Michigan Street curb and review drainage plan. 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan, November 2006 Objective PF 1.2: Maintain and enhance essential community assets. Land Use Plan: LU 2.2 Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Plan Implementation/Other Plans: South Gateway Commercial Corridor Action Plan, July 1998 The Planning Issues South Bend South Gateway Commercial Corridor map shows the subject property as being the vacant Busk Brothers site. The subject property is listed as site #24 on the Middle Mixed Use Sector -Development Sites map. Proposed uses for the site are listed as Office, Retail, and Commercial. 2. Current conditions and character: The building is currently a vacant retail center. .Property on the east side of Michigan Street includes the South Bend Motel and a professional office building. The property south of Sherwood Street is occupied by a rehabilitation clinic. The majority of the surrounding area to the east and north are single family homes; to the south and southwest is a large church, and businesses. 3. Most desirable~nse: The most desirable use for this property is to accommodate the adaptive re-use of the . buildings to a use that can be compatible with the surrounding area. 4. Conservation of property values: Surrounding property values should not be negatively affected. 5. Responsible development and growth: It is responsible development and growth to allow the expansion and adaptive re-use of buildings and accommodate uses that can act as a transition from more intense uses to residential uses. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. Analysis: This rezoning will allow for the adaptive re-use of a vacant building. The proposed school will be a community asset that is consistent with the surrounding land use. The re-use of this building will contribute to the growth of the neighborhood as well as the South Gateway Commercial Corridor. South Gate Church, Inc. #2511-09 Page 2 of 2 Zc~nin~ Key SOUTH BEND "SF2" SINGLE FAMILYB TWO FAMILY DISTRICT :~- SOUTH BEND"MU"MIXED USE DISTRICT ~ SOUTH BEND "OB"OFFICE BUFFER DISTRICT v:.,~= SOUTH BEND"lB"LOCAL BUS{NESSDISTRICT ® SOUTH BEND"CB"COhAMUNITYBUSINESS DISTRICT ~; SOUTH BEND"GB°GENERALBUSINE SS DISTRICT SOUTH BEND "LI"LIGHT INDUSTRIAL DISTRICT SOUTH BEND "Gt" GENER AL INDUSTRIAL DISTRICT M W E S 1 inch equals 4~~ feet APC ## X5'1'1-~9 Rezoning from: "NIU" NfI3CED USE DISTRICT to "SF2" SINGLE FAMILY & T1f1~~ FAMILY DISTRICT ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 AND 3507 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, WITH CONTIGUOUS VACANT LAND, COUNCILMANIC DISTRICT SIX IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The petitioner is requesting a zone change from MU Mixed Use District to SF2 Single Family and Two Family District to allow the renovation of an existing 44,500 square foot building for a new primary and secondary public charter school. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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, as per the deed recorded on February 5, 2002, as Document No. 0200811.1 in the St. Joseph County Recorder's •Office: Parcel I: A parcel of land being a part of the Southwest Quarter of the Southwest Quarter of Section 24, Township 37 North, Range 2 East and being more particularly described as follows: Commencing at the Southeast corner of Lot 7 as the same is shown and designated on the plat of John E. Walz's Revised Addition as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence Northeasterly along the Westerly Right-of--Way line of Michigan Street, a 100 foot Right-of--Way, a distance of 130.00 feet more or less to a point on said line that is 1.34 feet South of, by rectilinear measurement, the North line of Lot 9 in said addition, said point being the place of beginning for this description; thence West, parallel with and 1.34 feet South of said North line, a distance of 165 feet more or less to the Westerly line of said Lot 9; thence Southwesterly along said Westerly line, a distance of 15.00 feet; thence West parallel with said North line of Lot 9; a distance of 7 feet more or less to the centerline of a vacated 14 foot alley; thence Southwesterly along said centerline, a distance of 115.66 feet to the point of intersection of centerline with the North Right-of- Way line of Sherwood Avenue; thence West along said North Right-of--Way line, a distance of 172 feet more or less to said North Right-of--Way lines, intersection with the Easterly Right-of--Way line of Main Street; thence Northeasterly along said Easterly Right-of--Way line, a distance of 486.91 feet more or less to a 3/4 inch iron pipe found marking the intersection of said Easterly Right-of--Way line with the South Right-of--Way line of Dean Street; thence East, along said South Right-of--Way line a distance of 172 feet more or less to a 3/4 inch iron pipe found marking the intersection of said South Right-of--Way line with the centerline of said vacated 14 foot alley; thence Southwesterly along said centerline, a distance of 128.24 feet more or less to a point; thence Southeasterly a distance of 7 feet more or less to a point on the West line of Lot 12 in said Walz's Revised Addition that is 3 feet South of the Northwest corner of said lot; thence Southeasterly 81.90 feet to a point 10 feet South of and 82.42 feet East of the Northwest corner of said Lot and 10 feet South of and 82.5 feet West of the Northeast corner of said Lot; thence continuing Southeasterly 82.08 feet to a point on the East line of said Lot 12 marked by a 3/4 inch iron pipe that is 17 feet South on the Northeast corner thereof; thence Southwesterly along said Westerly Right-of--Way line of Michigan Street, a distance of 345.16 feet more or less to the place of beginning. BDDB01 5591517v1 Along and together with an easement for the purpose of ingress and egress along over and across a parcel of land described as commencing at the Southeast corner of Lot 7 as the same is shown and described on the Plat of John E. Walz's Revised Addition as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence Northeasterly along the Westerly Right-of--Way line of Michigan Street, a 100 foot Right-of--Way, a distance of 130.00 feet more or less to a point on said line that is 1.34 feet South of, by rectilinear measurement, the North line of Lot 9 in said addition, said point being the place of beginning for this description; thence West, parallel with and 1.34 feet South of said North line, a distance of 165 feet more or less to the Westerly line of said Lot 9; thence Southwesterly along said Westerly line of said Lot 9; thence Southwesterly along said Westerly line, a distance of 15.00 feet; thence West, parallel with said North line of Lot 9, a distance of 7 feet more or less to the centerline of a vacated 14 foot alley; thence Southwesterly along said centerline, a distance of 23.4 feet; thence East, parallel with said North line of Lot 9, a distance of 172 feet more or less to said Westerly Right-of--Way line of Michigan Street; thence Northeasterly along said Westerly Right-of- Way line, a distance of 38.4 feet to the place of beginning. Parcel II: All of Lots 7, 8, and Lot 9 excepting therefrom the North 1.34 feet therefrom all as shown on the plat of John E. Walz's Revised Addition to the City of South Bend recorded June 28, 1928 in the Office of the Recorder of St. Joseph County, Indiana in Plat Book 12, Page 196. be and the same is hereby established as SF2 Single Family and Two Family District. 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 legal publication. Member of the Common Council Attest: City Clerk BDDBOI 5591517v1 Presented by me to the Mayor of the City of South Bend, Indiana on the 2009, at o'clock •rn• City Clerk Approved and signed by me on the day of , 2009, at .m. Mayor of the City of South Bend, Indiana 1 st READING 3 -~'~~ PUBLIC HEARING 3 rd READING NOT APPROVEp q REFERRED l~`~P' ~ ~~~ 1 PASSED _ o'clock ~4~~~a' ~~ ~r~l~t~'~ C~ffE~2 "~`! R - 4 2009 t..~..z~.,, `~~~uF,~E day of _ Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 May 20, 2009 The Honorable Council of the City of ~, ^ ~ ~ 4~'~, South Bend ~.~~--t,~L ~~. ~~ ~~0~ ~~-(~ 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Kathy Jaworski and Richard Eichstedt to zone from SF 1 Single Family and Two Family District to LB Local Business District, property located at 614 East Ireland Road, City of South Bend - APC# 2514-09 Dear Council Members: I hereby Certify that the above referenced ordinance of Kathy Jaworski & Richard Eichstedt was legally advertised on Thursday, May 7, 2009 and that the Area Plan Commission at its public hearing on Tuesday, May 19, 2009 took the following action: Upon a motion by Robert Hawley, being seconded by Donna Chamblee and unanimously carried, the proposed ordinance of Kathy Jaworski and Richard Eichstedt to zone from SF1 Single Family and Two Family District to LB Local Business District, property located at 614 East Ireland Road, City of South Bend is sent to the Common Council with a favorable recommendation. The development pattern along Ireland Road has been primarily commercial retail and office uses with pockets of viable residential. The subject properly offers adequate space to allow for the use of a small retail operation and still be able to provide the necessary buffering to the adjacent single family home. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, j/(~ J W. Byo JWB jsc Attachment CC: Kathy Jaworski Richard Eichstedt Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana Staff Report APC # 2514-09 pier; Kathy Jaworski & Richard Eichstedt Location: 614 East Ireland Road Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SFI Single Family and Two Family District to LB Local Business District to allow a retail flower shop. Land Uses and Zoning: On site: On site is a single family home North: To the north is Erskine Golf Course zoned SFI Single Family & Two Family District East: To the east are single family homes zoned SF1 Single Family & Two Family District South: To the south is the Ve~~itas Academy and a day Gaze center zoned SF1 Single Family & Two Family District West: To the west is a church zoned SF1 Single Family & Two Family District District uses and development standards: The "LB" Local Business District is established to provide for small business groupings located outside of the village style mixed use concept and which provide for the full range of convenience uses necessary to meet the daily needs of nearby residential neighborhoods. Permitted uses within the "LB" Districts aze regulated in character to' assure harmonious development with the nearby residential districts served and are limited in size and scale to promote pedestrian access. Site plan description: The site is approximately 32,235 square feet. Parking areas proposed for the site include six spaces on the north, and six spaces on the south side of the building for a total of twelve pazking spaces. Parking, drives, and paved street consist of 26% of the site. A 2,796 square feet (8% of site) building is shown on the site plan which includes a 1,300 +/- square foot existing single family home and an 1,496 +/- addition for studio and storage space. The remaining 66% of the site will remain open space. Zoning and land use history & trends: Three properties at the northwest comer of High St. and Hawbaker St., are zoned other than residential. Only one of these properties uses Hawbaker St. for access. la 2003, the property to the east at the corner of High St. and Ireland Rd., was rezoned to commercial for a bank. Traffic and transportation considerations: Ireland Rd. has four lanes. Hawbaker St. is a two lane residential street. Utilities: City water and sewer are available to the site. Kathy Jaworski & Richard Eichstedt #2514-09 Page 1 of 1 Additional information: (Agency comments) The Department of Community and Economic Development is planning for the development of an 8' walkway along the south side of Ireland Rd. The Department is working on a project that might also include the closure of Hawbaker St. at some future date. 1. Comprehensive Plan: Policy Plan: City of South Bend Comprehensive Plan. November 2006 Objective LU 2: Encourage a compatible mix of land uses in the community Policy LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the Future Land Use Map. Objective LU 6: Focus development efforts within the Service Area The rezoning is consistent with the Comprehensive Plan's economic development and land use policies. Land Use Plan: City of South Bend Comprehensive Plan November 2006 Future Land Use Plan: The map shows this property as residential. The rezoning is not consistent with the Future Land Use Map. 2. Current conditions and character: The area along Ireland Road has a variety of uses including recreation to the north (golf course); institutional to the south and west (church and daycaze); residential and cemetery to the neaz east; and commercial uses on and east of High Street. 3. Most desirable use: The most desirable use for this property is residential and/or local business commercial. 4. Conservation of property values: The surrounding property values should be conserved with the LB rezoning. 5. Responsible development and growth: It is responsible development and growth to consider the practical adaptations of property. . Recommendation: Based on information available prior to the public hearing the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Analysis: The development pattern along Ireland Road has been primarily commercial retail and office uses with pockets of viable residential. The subject property offers adequate space to allow for the use of a small retail operation and still be able to provide the necessary buffering to the adjacent single family home.. Kathy Jaworski & Richard Eichstedt #2514-09 Page 2 of 2 ,~ Rezoning from: "5F1;' ~INfiLE FAMILY' 8c TWt? F~tMILY ~IS-TRI~CT to "L j B" Lt3CAL BUSIN EIS l~ISTFtI~T ~c~ning fey SOUTH BEND "SF1" SINGLE FAMILYB~TUVOFAMILYDISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "OB"OFFICE BUFFER DISTRICT ~~~~' ~= SOUTH BEND "O" OFFICE DISTRICT SOUTH BEND "LB"LOCAL BUSINESS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT N ~"-;~~. ~~- 1 inch = ~Q f~~t ~~~ ~ ~~~ ~-U~ Ordinance No. An ordinance amending the zoning ordinance for property located at 614 East Ireland Rd., Councilmanic District 5, in the city of South Bend, Indiana. STATEMENT OF PURPOSE AND INTENT This is a single family dwelling and it is our intention to convert the zoning from SFl Single family and Two Family District to LB Local Business District. This will allow us to relocate our existing flower shop, Country Florist from 31 South, where the nesv vsypass will soon adversely affect our business. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Beud, Indiana as follows. SECTION 1. Ordinance No. 9495-04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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: A parcel of land in the Southeast Quarter of Section 25, Township 37 North, Range 2 East, described as follows, viz: Beginning on the East and West centerline of said Section 25, at a point 1994.50 feet West of the Northeast corner of the Southeast Quarter of said Section 25; thence South parallel with and 587 feet East of the North and South centerline of said Section 25, distance of 307 feet; thence West 105 feet; thence North parallel with and 482 feet East of the North and South centerline of said Section 25, a distance of 307 feet to the East and West centerline of said Section: thence East 105 feet to the place of beginning. Be and tl'.e.same is hereby established as LB Local Business District SEC'T'ION II. This ordinance shall be in full force and effect from and after its passage by tree Common Council, approval by the Mayor, and legal publication. Attest:, Member of the Common Council City Clerl: City Clerk. Presented by me to the Mayor of the City of South Bend, Indiana on the of 2009 at o'clock •m City Clerk Approved and signed by me on the at o'clock .m 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED day of 009 day Mayor of the City of South Bend, Indiana Filed In Clerk's ~fi~lce APR 2 S 2009 JQHN VQQRDE CITY CLERK, SQ. BEND, IN.