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HomeMy WebLinkAbout06-08-09 Common Council Meeting Agenda & PacketSOUTH BEND COMMON COUNCIL MONDAY, JUNE 8, 2009 7:00 P.M. 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 09-45 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING THE JOHN ADAMS HIGH SCHOOL'S MOCK TRIAL TEAM FOR WINNING THE 2009 NATIONAL HIGH SCHOOL MOCK TRIAL CHAMPIONSHIP 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL N0. 62-08 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 • DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 20-09 PUBLIC HEARING ON A BILL 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 23-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE -CITY OF SOUTH BEND, INDIANA 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 fiHE ORIGINAL PLAT OF THE TOWN, NOW CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA 37-09 PUBLIC HEARING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET 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 29-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE IO ENTITLED USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT 38-09 PUBLIC HEARING 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 DEPRECTATION FUND (#642) 39-09 PUBLIC •HEARING ON A BILL 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 36-09 PUBLIC HEARING 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 ($6,200,000); ADDRESSING OTHER MATTERS CONNECTED THEREWITH, INCLUDING THE ISSUANCE OF NOTES IN ANTICIPATION OF BONDS; AND REPEALING ORDINANCES INCONSISTENT HEREWITH 8. BILLS, THIRD READING TIME: BILL NO. 62-08 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3454 DOUGLAS ROAD, COUNCILMANIC DISTRICT 4 IN THE CITY OF SOUTH BEND, INDIANA 20-09 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3423 AND 3507 SOUTH MICHIGAN STREET, SOUTH BEND, INDIANA, WITH CONTIGUOUS VACANT LAND, COUNCILMANIC DISTRICT SIX IN THE CITY OF SOUTH BEND, INDIANA 23-09 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 614 EAST IRELAND RD., COUNCILMANIC DISTRICT 5, IN THE CITY OF SOUTH BEND, INDIANA 35-09 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF MAIN STREET FROM WAYNE STREET SOUTH TO THE FIRST EAST/WEST ALLEY FOR A DISTANCE OF 19$ 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 37-09 THIRD READING ON A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO BE VACATED IS THE FIRST NORTH/SOUTH ALLEY WEST OF ALLEN STREET FROM LINCOLN WAY WEST TO LINDSEY STREET FOR A DISTANCE OF 146.2 FEET AND A WIDTH OF 14 FEET 27-09 THIRD READING ON A BILL COUNCIL OF THE CITY OF SOU'. AMENDING VARIOUS PARTS OF CHAPTER 6, ARTICLE 6, OF MUNICIPAL CODE PERTAINING CONTRACTORS OF THE COMMON [`H BEND, INDIANA, SECTION 6-26 OF THE SOUTH BEND TO LOW VOLTAGE 29-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED USER FEES. FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT 38-09 THIRD 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 THIRD READING ON A BILL 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 36-09 THIRD 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 9. RESOLUTIONS BILL N0. 09-41 A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4406 ASHARD DRIVE, SOUTH BEND, INDIANA, TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. 09-42 A RESOLUTION OF THE COMMON. COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4406 ASHARD DRIVE, IN JADE CROSSING - SECTION I AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSE OF A (5) FIVE- YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. 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 09-46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALER/RECYCLING OPERATION LICENSE FOR CALENDAR YEAR 2009 PURSUANT TO SECTION 4-51 OF THE SOUTH BEND MUNICIPAL CODE 09-47 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA APPROVING AN AGREEMENT EXTENDING THE ST.. JOSEPH COUNTY HOUSING CONSORTIUM AND AUTHORTZING THE EXECUTION THEREOF 10. BILLS, FIRST READING. BILL NO. 40-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $578,644.00 FROM STUDEBAKER/OLIVER REVITALIZATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN-UP OF BROWNFIELD SITES 41-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA 42-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING AN HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA 43-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OE' THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) 44-09 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING MONIES FROM VARIOUS FUNDS TO DEPLETED PROPERTY TAX FUNDS WITHIN THE CITY 45-09 FIRST READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1351 AND 1355 PYLE AVENUE AND THE ADJACENT VACANT LOT LYING TO THE NORTH, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 11. .UNFINISHED BUSINESS A. REPORTS FROM THE BOARD OF ZONING APPEALS 1. BILL NO. 09-43 - SPECIAL EXCEPTION - 747 S. MICHIGAN ST. 2. BILL N0. 09-44 - SPECIAL EXCEPTION - 1823 5. ST. JOSEPH ST. 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: (.~<<Il~~ ~z-~~ 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 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 LANGIFEENEY 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 QO 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; TI-IENCE 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 DESCRII'TION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THI5 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. Mayor of the City of South Bend, Indiana 1st P.EADI~6G . PUBLIC HEARING 3 rd READING NOT APPROVE(3 REFERRED PASSED APR 2 ?C'v9 J4I,N VCOPDE CITY CLERK, 50. BEAlD, its. Date Filed Application No Date received by the Area Plan Commission 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 properly be rezoned from "CB" Community Business District, "SFI" Single Familyand 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%z" x 11"format. Signature(s) of all properly 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: CONTACT PERSON: (If different) Derek J. Spier, A.I.C.P. Same as Petitioner & Property Owner Abonmarche Consultants, L.L.C. 750 Lincoln Way East South Bend, IN 46601 (574)232-8700 dspier@abonmarche.com ~ir~~ in ~(erk'~ Qfi~~ce OCT -- 8 2008 b-Gi°IN IfQQr;GE Ct1'Y CI.E~;(, ~0. B~P~00D, fN .__ _ ___- ___~ _ _ 1 J_ ___~___-_ In_-_~_-,....+_ .' "'~^^~ PROPOffO OWDUS ROAD WIDENING ~ROPOSEO DIXlOLAS ROAD B10FN~NG S J ___ ____ ___-____- __ ' E.bl. -~ __~ I _ -____-r__ _ _ I . __ ~ - . 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I I r fuWa PaAMp I I I I I I I ~ V ''`~""-'-- -cd,IN.p.lx.nme. .-"--"-- ~ _. .. -- -- 3~.~~=E ' f 'y)lq'==='y~' - 9 9 1 W 2.71 I I NH9'S7YZ'W 509.91' I ~--y I I I / \ 1 GENERAL DATA 1. Tald Area !}4]n q M1 (121]5 aaw) a1: .v.. I. b. rww.e b'W z Oln.,l TmrNp: 'W camnPnnr B.dem OI,IdPI aye 'sii' SNph farNY ad Tw fanlY Oxlrkl 1 Pryone ZmNp tloadhelba 'W' Camanny BuMaw OWldct 1. hyewe lyd Uaa Una opens N 'W' CammW1Y BuPNan Bbbkl. y.dnP can hew y.l b M 4lermpad 6 llx Pryewe buleFp Malpm, d+p el.... me PwNNp m.w s. yNMnela and miMl le dwya P,M to and ~h Nal ywew4 ' 0. ipa prepe.N W a M b a.dwe ey tlly N Scalp Bad Me1N and Scar, I. Pa~y~ a as ~. p Md b. F nsremn dM ]clbn }I-p).01 al IM. CIY TnN9 dMu~n ud.n IA. B 1M whlFp MI blNna pam bnn ypnnd pY Mr Mllae }lain AnnY CeT el [ngNwn b m~wnann n Awurl ], AroG TABULATED DATA Nw sl Slla . s]43N SQ R. (1217 A4) keno d t d C N( 41 P 1 gulp 14e50 les ParpNp ye BM. le4e:l ss]x Bnm sPw. ']4]oe a1.Tx Te1d ]anv 1oo.ox PARKING CALCULITIONS PspNp PewaaG a] MNO yec.. P• tooB q n. ImiM CdnMlbe 1400e q n. / 1,000 q B. - N • 15 www lold - 111 yww npulN (NWdNp a ApA apeex) PrMp Plsddr6 I)r - I' . # apron (NeNJ,p 1] ABA ywal fulw PabNp Pmder2 AedlNnd 11 - P' a # yews ~d^~ LEGEND O9 IMPnba N PspNp ]Provo xa:y Pa1Np saw rlo. p - v.1M sm«nM (]) nmYaan Yw M .vy }! hal N M M 7'lh l~$f T yd YIaMr bN.wp. Wwd ~ ld b h P.Illbw i PrapNy Gmr. ( yPPaw w m pyyn Pend poM.n, LP, }]1 Scalp Yell alwat Sulls ]00 ® Tpa A -Open lwd.cypAl SnM sal4 N aee01 (I) Ned. Yw h a,ry to MI N bl M. WB h isndaPw lnbeyNp ((I) smmwld bn hr awY ]} hN d kraM > Aeavnpd i. Cm mla LLC Wey Eoel (10) pwq Pknla b awy d0 MI N keno SwIA Bm~4 W w601 Pilt~d In Clerlt'n Oiilce OCT ' E 20011 JOHN VOORDL CITY CLERK, S0. BEND, IN. GRAPMC SCALE (w1e~, 1 Irp . b R PRELIMINARY SITE PUN SEC. 32, TOWNSHIP 38 NOR1H, RANGE 3 EAST, GAY TOWNSHIP, GTY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA ~. ABONMARCHE CONSULTANTS, L.L.C ~ ~;~.:«.. ;~.:mx. ~IUW m~-.w u.~m 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.b1 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 O1 DEGREE 07 MINUTES 30 SECONDS EAST, A DISTANCE OF 243.39 FEET TO 7HE 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 O6, 2007; THIS DESCRIPTION IS BASED UPON RECORD DOCUMENTS, NO RETRACEMENT SURVEY SERVICES WERE RENDERED TO CREATE THIS DESCRIPTION. ~1~0~ ~Cl ~~4~a'~.3 ~ ~us~CD CCT - $ 2Q~8 3u;~~~ ~rE.c~~~ c;~ c~L~c, s:a. ~~r~ra, ~~t. 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. n.; --_._. ocr - s 2aas ,tG~~ va~a~c~ CfTY CIERli, S0. EE~IC, fit. 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, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIl', CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, ALSO BEING A PART OF LOT 1 IN HART'MAN'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 NDNUTES 57 SECONDS WEST, A DISTANCE OF 40.00 FEET FROM THE NORTHEAST CORNER OF SAID EAST HALF, BEING MARKED BY A IIARRISON MONUMENT; THENCE SOUTH 00 DEGREES 20 M1N-UTES 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 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 vehicular or pedestrian ingress or egress to or from the Real Estate being rezoned, the "Real Estate" to Elkins or McErlam 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 Regarding 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 Bar and/or Tavern Retail Improvement Store Billiards Hall 6. Petitioners agree to construct and maintain an earthen mound near 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 southern side of any structure within the southern 150 feet of Real Estate shall be cut off type. All parking lot lighting will comply with dazk 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. 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 CONIlvIITMENTS may be enforced jointly or severally by: The Area Plan Commission of St. Joseph County; 2. The City of South Bend, Indiana; 3. Owners of all pazcels of ground adjoining the real estate within three-hundred (300) feet of the subject pazcel 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 fmal approval of petition # Petition prepared by: Derek J Spier AICP Abonmarche 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 ~~iDIA-~f} ) SS: COUNTY OF S~. ~~~~+ ) Before me, a Notary Public in and for said County and State, personally appeared ~},vt~ ~RQ~ ,the Q~~~ of oyC.. t,.4s ~.~~-a ~~.~i~-~S , a(n) _ L,,,n~f~ I~,q~r,-,,~h2.sH-rP ,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 ~ `~t day of Oc, oQE./L ,2003 . Signature 1 -_ S~ Printed ~~~ci ~ _ ~ f'r fit County of Residence ~; . ,1obEP~-I-+ I/~.~ ---~~''~~~J;,i~ ~''~~'- My Commission expires: (7~o3,s2 zs, Zoog ~'Ci3;~?fIS~If3i~r.P. G~`Y:25,2~~ This instrument was prepared by Derek J. Shier, AICP, Abonmarche Consultants L L C 750 Lincoln Way East, South Bend, IN 46601. ~i1~~ ~~~ `''sr?~'w C;$fi~e O G ~ ~ ~ t:1.,,~ .__._.-~-~--•-~ 4 Jtlhty VOG~I~ ,~ o h O ~ ~~Z•7'p ~ ~ o ~ N ~ +A A w ,~ / .. ,, .. ;~ ~~ ~ ~ V u ,:,ggz,~ SI.,, W .~~" t t ~ / ¢ss< 1 O ~ ,O . ,F'` <.'it0aj~.1 °Ni~. ., t~~6C ,r , ,e ~ a / S ~' o' ~' 1 '~' N...1~'1°,etr;QlL ~l1i±i-, nW ~~ !b`7c7.3.7`jl 4 ((t uv 1 .P !T ~ Lr .;:i' t ~.t;'•~.i X1.1 (U to + £1 •8 b 4 .a .~ w` ~ /D ` ~ . • cj<,~ 3', ~ t I~q)i, r ~ • ~ v ,j~ j ~`i ~ ~ Q 'ML-... } W ' 1 1 MF.at ~ ,+1~(:Iw ~ta A ~ M .~Q~ ~ b 982;1 / f ' fr ~~ n ,y t1 In 001 .. 4'a ' t 1 'F ~yF' 4 • ~ Q O 1 1 ozt *<5^1f~1 ~~a`IY ~a ~ ; 5L ~ ~~~ v ~x'ra/ ~ ~ o t ~ ~a. 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O .,~piakl.. ~ O ti a zz'ivo " < ~h5~w1 '~to:,~' 1 a ~ a y0'IrbQ • c ~b ti ~ .. :.k:a`>4i1 ~'SA ^. .. to ° - `d ti ~ Q ~ r 1 ~~ '; ° o '~It° rre ~ ~ w ZD ~ 1'Y .".'. 1 ; 'iri ~ 1~ tt tt 61pz _ i ,,~~ , r ~ la -. ~ 11 I ~~ s~ ~It : ~ ~~y~ ~r~..''. ro'nb a ~r ~ ~ 4 aY 1 - ~ 1~'96b r`' 1~ ~ ~`',cg0'flb0 as T / . Y~~~y;,'a~~y ~; N Et CHRISTINA L. OLINGER 17150 MCERLAIN STREET SOUTH BEND, IN 46635 02-2023-0548.11 RICHARD & LOIS SHOUPE 51181 KINGS CROSSING GRANGER, IN 46530 02-2023-0548.05 JOHN & BEVERLY LEADER 17250 MCERLAIN STREET SOUTH BEND, IN 46635 02-2023-0548.02 ANDREW PECINA 17296 DOUGLAS ROAD SOUTH BEND, IN 46635 02-2157-7494 PAUL & MARY LACLUYZE 17242 DOUGLAS ROAD SOUTH BEND,IN 46635 02-2023-0548 ARTHUR & MARY HANSEN 15800 PRESWICK LANE GRANGER, IN 46530 24-2023-0548.08 DOUGLAS ROAD PARTNERS, LP 2400 MIIZACLE LANE MISHAWAKA, IN 46545 24-2019-0425.03 NOEL HENRY YARGER & RUTH ANKETELL 17180 MCERLAIN STREET SOUTH BEND, IN 46635 02-2023-0548.06;02-2023-0548.09 02-2023-0548.07;02-2157-7500 LILA SURGES & ROBERT REITER, TRUSTEES 3030 ROXBURGH DRIVE ROSWELL, GA 30076 02-2023-0548.03 02-2023-0548.12 FRANK V. MULLIGAN TRUST 1 OLD TRAIL ROAD ENGLEWOOD, FL 34223 02-2023-0548.10 BER B. REFUGIO 17260 DOUGLAS ROAD SOUTH BEND, IN 46635 OZ-2157-7495 DOUGLAS ROAD PARTNERS SOUTH, L.P. P.O. BOX 1331 SOUTH BEND, IN 46624 02-2023-054$.01 RONALD & MARY KAY PECSI 17253 DOUGLAS ROAD SOUTH BEND, IN 46635 02-2019-0411.04 JOHN & KATHLEEN NAGY 17345 ELKINS STREET SOUTH BEND, IN 46635 02-2157-7497;02-2157-7496 JUDITH A. S 1RANTZ 17200 MCERLAIN STREET SOUTH BEND, IN 46635 02-2023-0548.04 DANIEL WEST & SHELLY BRITTON 17330 MCERLAIN STREET SOUTH BEND, IN 46635 02-2151-6957;02-2151-6958 02-2151-6959 DOUGLAS ROAD RETAIL PARTNERS 227 SOUTH MAIN STREET, STE. 300 SOUTH BEND, IN 46601 24-2019-0425.01;24-2019-0425.02 RUTH M. RUPLEY, TRUSTEE 16963 DOUGLAS ROAD MISHAWAKA, IN 46545 02-2023-0550 SHUBERT CONSTRUCTION, INC. P.O. BOX 50-A OSCEOLA, IN 46561 24-2023-0548.16 WEBB 3. STEELY & JOHN A. PIItACCINI 5510 SHAUGHN DRIVE MISHAWAKA, IN 46545 29-2019-0426 Fi~~~ ~~ ~~~~'~'~ C~~~~c~ ~--~-- CCT - ~~ 2008 ~Gi~f"+. ~~~~~~"t0E crr~ ~~~ ~, y~;.r:~~r1~, ~A.t~~R r~~ IRAN I.ELS EST. 1863 10.rEIVDY K. WALKER-0YES Attorney at I_aw Admitted In Indiana and Mlchlgan Direct 574.239.1965 we ndy.walker-dyes@bakerd.com BAKER & DAWiELS LLP 202 5. Michigan Street, Suite 1400 South Bend, Indiana 46601 Tel 574.234.4149 Fax 574.239.1900 www.bakerdan ie Is.com Apri16, 2009 Joel Klug, Planner St. Joseph County Area Plan Commission 227 W. Jefferson Blvd., 1 lth Floor South Bend, Indiana 46601 via hand delivery Re: Xavier Charter School of Excellence 3423 and 3507 South Michigan Street, South Bend, with contiguous vacant land Dear Mr. Klug: As indicated in the cover letter accompanying the original rezoning petition submitted on March 4, 2009, enclosed is the revised proposed ordinance and Exhibit A with the corrected legal description for the subject property, which will consist of two separate parcels. Thank you kindly for your assistance. Sinc/erely, Wendy K. Walker-Dyes cc: Susan Scuderi, Lee Companies BDDBOI 5636060v1 ORDINANCE NO. AI~T ORDINAliTCE AMEND]1~TG THE ZOISING ORDIl®1A1~iCE FOR PROPERTY LOCATED AT 3423 Ai~TD 3507 SOUTH MICHIGAPI STREET, SOUTPL 8EP7D, IIdDIAl~TA, ~3'l_TH 'COliTTIGUOUS VACAI®TT LAl®ID, COUI~ICILMANIC DISTRICT SIX IN THE CITY OF SOUTH BEND, INDIAIvTA 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 25,000 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: ' PARCEL 1 SURVEYED LEGAL DESCRLPTION: A PARCEL OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST AND LOTS 7 THROUGH 1 I, A PORTION OF LOT 12, LOT A, AND A PORTION OF A 14 FT. WIDE VACATED ALLEY ADJACENT TO SAID LOTS ALL IN THE PLAT OF "JOHN E. WALZ'S REVISED ADDITION" AS RECORDED IN PLAT BOOK # 12 ON PAGE # 196, AND 197 IN THE RECORDS OF THE 5T. JOSEPH COUNTY, INDIANA RECORDER`S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNIl~TG AT THE SOUTHEAST CORNER OF LOT 7, OF SAID PLAT; THENCE SOUTH 88°-32'-42" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SHERWOOD STREET, 343.85 FEET TO THE EAST RIGHT-OF-WAY LINE OF MAIN STREET; THENCE NORTH 04°-18'-03" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF MAIN STREET, 485.86 FEET TO THE SOUTH RIGHT-OF- WAY L1NE OF DEAN STREET; THENCE NORTH 88°-OS'-55" EAST ALONG THE SOUTH RIGHT- OF-WAY LINE OF DEAN STREET, 172.18 FEET TO THE CENTERLINE OF A 14.00 FOOT WIDE VACATED PUBLIC ALLEY; THENCE SOUTH 04°-18'-53" WEST ALONG SAID CENTERLINE, 128.26 FEET; THENCE SOUTH 84°-53'-12" EAST, 7.00 FEET; THENCE SOUTH 86°-58'-36" EAST, 81.90 FEET; THENCE SOUTH 87°-04'-SS" EAST, 82.28 FEET TO THE. WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE SOUTH 04°-19'-44" WEST ALONG THE WEST RIGHT- OF-WAY LINE OF MICHIGAN STREET, 345.43 FEET TO THE POINT OF BEG1NNlNG. EXCEPTING THERE FROM LOT SEVEN (7), EIGHT (8), NINE (9), AND THE EAST 7.00 FEET OF A VACATED ALLEY ADJACENT TO AND WEST OF SAID LOTS IN THE PLAT OF "JOHN E. WALZ'S REVISED ADDITION" AS RECORDED IN PLAT BOOK # 12 ON PAGE # 196, AND 197 IN T`I~ RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. CONTAINING 2.80 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, AND EASEMENTS OF RECORD. BDDBOI 5591517v2 PARCEL 2 LOT SEVEN (7), EIGHT (8), NINE (9), AND THE EAST 7.00 FEET OF A VACATED ALLEY ADJACENT TO AND WEST OF SAID LOTS IN THE PLAT OF "JOHN E. WALZ`S REVISED ADDITION" AS RECORDED TN PLAT BOOK # 12 ON PAGE # 196, AND 197 IN THE RECORDS OF T'HE ST. JOSEPH COUNTY, INDIANA RECORDER`S OFFICE. 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 1St READING 3-~ ~~ PU6LIC HEAR!!~G rd READING ,•~OT APPROY,Ep REFERRED A-~P-3 ~.~~ PASSE®• BDDBOl 5591517v2 ~l~d t~ Ct~P~C'~ ~fif~~e ~e~~~ dGvH tlCGRTIE CITY CLEPiK, ER7. BEAD, I"'1. Date Filed Date received by the Area Plan Commission Application N I (we} the undersigned make applicatio~~ to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as ]ierein requested. 1) The property sought to be rezoned is located at: 3423 South Michigan Street, South Bend, Indiana (018-8019-0820); and 3507 South Michigan Street, South Bend, Indiana (018-8019-0824); with contiguous vacant land (018-8019-079603, 018-8019-079604, and 18-8019-079605) 2) Name and address of property owner(s) of the petition site: SouthGate Church, Inc. (f/k/a Calvary Temple-South Bend Gospel Tabernacle, Inc.) 3717 S. Michigan Street, South Bend, Indiana 46614 Phone Number: 574.291.5230 (Pastor Edgar Cabello) 3) Name and address of contingent purchaser(s), if applicable: Charter School Development Corporation 7272 Park Circle Drive, Suite 265, Hanover, Maryland 21076 Phone Number: 443.561.1280 (Frank Riggs, President) 4) It is desired and requested that this property be rezoned from MU Mixed Use District to SF2 Single Family and Two Family District 5) This rezoning is requested to allow the following use(s): Renovation of an existing building for a new primary and secondary public charter school. 6) Attached is a copy of (a) legal description of the property; (b) a statement of purpose and intent; (c) 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 (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property (e) a location map, if available, drawn to scale, which includes street names, printed in 8'/z" x 11" format. Wendy K. Walker-Dyes Attorney for Petitioner PETITION PREPARED BY: Wendy K. Walker-Dyes Baker & Daniels LLP 202 S. Michigan Street, Suite 1400 South Bend, Indiana 46601 574.234.4149 wendy.walker@baker. com CONTACT PERSON: Susan Scuderi Lee Companies 563 S. Lake Street Gary, Indiana 46403 219.938.8829 ~(~€~~ ~~ ~~~lr~'~ ~~~€C~ ~1A~ - 4 2009 ~1k;jc~ J~uF~ susanscuderi@leecompanies.net BADBOI 559151~v1 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 SURVEYED LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 2 EAST AND LOTS 7 THROUGH 11, A PORTION OF LOT 12, LOT A, AND A PORTION OF A 14 FT. WIDE VACATED ALLEY ADJACENT TO SAID LOTS ALL IN THE PLAT OF "JOHN E. WALZ'5 REVISED ADDITION" AS RECORDED IN PLAT BOOK # 12 ON PAGE # 196, AND 197 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 7, OF SAID PLAT; THENCE SOUTH 88°-32'=42" WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SHERWOOD STREET, 343.85 FEET TO THE EASTRIGHT-OF-WAY LINE OF MAIN STREET; THENCE NORTH 04°-18'-03" EAST ALONG THE EAST RIGHT-OF-WAY LINE OF MAIN STREET, 485.86 FEET TO THE SOUTH RIGHT-OF- WAY LINE OF DEAN STREET; THENCE NORTH 88°-OS'-55" EAST ALONG THE SOUTH RIGHT- OF-WAY LINE OF DEAN STREET, 172.18 FEET TO THE CENTERLINE OF A 14.00 FOOT WIDE VACATED PUBLIC ALLEY; THENCE SOUTH 04°-18'-53" WEST ALONG SAID CENTERLINE, 128.26 FEET; THENCE SOUTH 84°-53'-12" EAST, 7.00 FEET; THENCE SOUTH 86°-58'-36" EAST, 81.90 FEET; THENCE SOUTH 87°-04'-55" EAST, 82.28 FEET TO THE WEST RIGHT-OF-WAY LINE OF MICHIGAN STREET; THENCE SOUTH 04°-19'-44" WEST ALONG THE WEST RIGHT- OF-WAY LINE OF MICHIGAN STREET, 345.43 FEET TO THE POINT OF BEGINNING. EXCEPTING THERE FROM LOT SEVEN (7), EIGHT (8), NINE (9), AND THE EAST 7.00 FEET OF A~VACATED ALLEY ADJACENT TO AND WEST OF SAID LOTS IN THE PLAT OF "JOHN E. WALZ'S REVISED ADDITION" AS RECORDED IN PLAT BOOK # 12 ON PAGE # 196, AND 197 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, CONTAINING 2.80 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, AND EASEMENTS OF RECORD. PARCEL 2 LOT SEVEN (7), EIGHT (8), NINE (9), AND THE EAST 7.00 FEET OF A VACATED ALLEY ADJACENT TO AND WEST OF SAID LOTS IN THE PLAT OF "JOHN E. WALZ'S REVISED ADDITION" AS RECORDED IN PLAT BOOK # 12 ON PAGE # 196, AND 197 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE. BDDBOl 5591517v2 EXHIBIT B STATEMEI~iT 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. ""°4~ 7 ~! cnFrn.~ ~ 6'l~'>:~~ ~Il ~~lar~~ ~ ~'~~:~~~~ ~ ~ t 1 A ~ _ ~ L~~~~ i ~ J ~.....-.~-..r.. . .. ....... .... ~.....,....... ~`. `V ~,,....;w...~g~ BDDBOI 5591517v1 Area Plan Commission of St. Josoph 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.comlareaplan Fax 574 235-9813 May 20, 2009 The Honorable Council of the City of ~ ~~ € ~ ~~ ~ ` ~~ - ~~ South Bend ~''~ ~ ~: t, 4th Floor, County-City Building South Bend, IN 46601 RE: A proposed ordinance of Kathy 3aworski 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 SF 1 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 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. 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. Sincerel``y~~, ~' UV. 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 Owner: Kathy Jaworski & R-ichard Eichstedt Location: 614 East Ireland Road Jnrisdietion: City of South Bend. Requested Action: The petitioner is requesting a zone change from SF1 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 SF1 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 Veiitas Academy and a day care center zoned SF1 Single Fanuly & 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 neazby residential neighborhoods. Permitted uses within the "LB" Districts are regulated in character to assure harmonious development with the neazby residential districts seined 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 parking 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 +!- squaze 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. In 2003, the property to the east at the comer of High St. and Ireland Rd., was rezoned to commercial for a bank. Traffic and transporta+aon considerations: Ireland Rd. has four lanes. Hawbaker St. is a two lane residenfial street. Utilities: City water and sewer are available to the site. Kathy Jaworski & Richard Eichstedt #2514-09 - Fage I of 1 Additional inforffiation: (Agency comments) The Department of Community and Economic Development is planning for the development of an °o' 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: Paiicy Pian: Cit~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: Cit~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 daycare); residential and cemetery to the near 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 staffrecommends 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 ~-- . Boa- oa. i.a; tiawtr~ker R~~onina from: FF~F1".~-INGLE FAMILI~ ~`e ~T~it~ FA~IL~ t)IS~T~I~T to "L~ B" L+DCAL BUSIN EIS CiI~TRi~T ~onin~ Key SOUTH BEND "SF1" SINGLE FAMILY TWO FAMILY DISTRICT SOUTH BEND "MF1" URBAN CORRIDOR MULTIFAMILY DISTRICT SOUTH BEND "OB" OFFIGE BUFFER DISTRICT . ~;`'s w5i SOUTH BEND "O"OFFICE DISTRICT 4'" SOUTH BEND "LB"LOCAL BUSINESS DISTRICT SOUTH BEND "CB" COMMUNITY BUSINESS DISTRICT r}'~`e.~ ~~a;,: S ~ inch = ~C~ ~~+~t ®rdinance 110. A.n ordinance amending the zoning ordinance for property located at 614 East Irelaaad 1Id., Counciln~anic District 5, in the city of South Bend, Indiana. STATEMENT OF PURPOSE A1~ID Il®iTElOIT This is a single family dwelling and it is our intention to convert the zoning from SFl Single family and Two FaYnily District to LB Local Business District. This will allow us to relocate our existing flower shop, Country Florist from 31 South, where the neiv lsypass will soon adversely affect our business. 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 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 I05 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 SECTION II. This ordinance shall be in full force and effect from and after its passage by tre Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerl: City Cleric Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009 at o'clack .m Approved and signed by me on the at o'clock City Clerk day of ,2009 .m 1 st RI:ADlNG PllBL{C HEARING 3 rd READING NOT APPRO.VFD REFERRED PASSED Mayor of the City.of South Bend, Indiana F~[~d in ~f~r€S'~ ~~~~~~ APR 2 8 2009 BONN VOORDE CITY CLERK, 50, BE~Itl, t2t. 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 EASTM/EST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS AND A WIDTH OF 14 FEET. SAID ALLEY 1S 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 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 . 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 279, 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: Gity 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 st R~ADtNG Ptl~LtC HEARING rd READING ~;OT APPROVEfl ;tEfERRED PASSED _ ~i1~:~ ~n ~i~r°k'~ ~~fice ~~~y - 6 2aag dONt~t VODRDE CITY C{.ti'r,K, 5J. f3Et~0, tN. PETITION TO VACATE PUBLIC RIGHTS-OF-WAY (STREETS/ALLEYSI TO THE COMMON COUNCIL DATE: OF THE CITY OF SOUTH BEND, INDIANA I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: THE FIRST NORTH/SOUTH ALLEY 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 1S 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 >ii printed) ADDRESS LOT # Judy Jankowski - AT~T 307 S. Main Street. Suite 145 271, 272, 273, 280 South Bend. IN 46601 PRESENTERS: Judy Jankowski-AT8~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) RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-235-9221 NAME: Eric W. Tiahrt, P.S. -Jacobs ADDRESS: 30800 Telegraph Road, Suite 4900 Bingham Farms, MI 48025 PHONE: (248) 633-1475 i~~~'y ~i~~DB ~1~~'a~. ~~ t ", AY - 6 2069 a~Vf,~';v~'r~ua` Ci~~ 41C,:iC ~.~. ~~i ,' / / / / / i w8yr,a r I I I ! I I I I 18-3008-0251 I I I I 1 I I ° I i I i I I I ° D I I I I 'k-"I l I Q I I ~ U I I j I I ~ I I ~ W ~ °16-3008-0259 I I m o I I p I I F- I I I } W I I -~ I i I I Q I I I I I a18.3006.0255 I ° I I I I I I I I i 18-300fi-0262 O o ~ I / 0 1 - 18-3004-0263 / O / / O ~ 1 B-3008-0264 0 . ~ / i ~ X78-3008-0265 I - _ r ° 1 B-3008-0266 o ~. i 18-3004A267 ~~ J LEGAL DESCRIPTION .'4p~ h ~ ` Y+ ~ Q cv o ~ r ~ o~ ~ ~~ ~ _ w Q ~ Ctf ti ~ C3 y t-. Ci The alley to be vacated is the first NorthlSouth alley West of Maui 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. i -_-. ....._ ... _4t1-~tG_~.G4_~ ~. __ .-------__.._... _-..__.. _ - ... 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'1 ^ --- .............~-i$--~z~~-~2~--- --~~ ~~.~- l~x~r-~. l ~r.€r~~a~v~ Ct~ ~ ru.::~~cp~r~~ . ~~~ I P tl~ l,~ ~!J i~H~~~~~~a,r UI~~I~Eti~,_- ~1 _~~-~ir1-~.1 y'~'~s~~ ~~_-.... f _ ~~s~c~n:A~ ~cSZ Z EcE~'frar~e,_~;- ~'~' ~`('c~(~M~ Nlw+ ~_-~__. _ p1-~-... _ ---- . _.__ ----- P P ~:r~..txPx~n~ ' --~ ---._._....._~_ ..._ _---- - -8_~tic~r~-~v~ s _c~Ul~-_4~~?5 ------ ....--._._.._.- . - P~~ cis ~-. ----... _ ----.~~___ --..5:~~?}c_.n ~ n~ 4~~o t____..__._.....C~,Cv._Er,~~, f~t~ ._-~4 i_!_4 ----__ ___------_..__ ._..... _......_ ---..... __~ 1~. ~~~~_~ (7262 _. ___ J R s N_...~~_ .~E ~c.t~ ` ^1_ ----- --- ~t1~i~rit ---._ -~~...~Jv1~___._ c~ _.. Qc •-~T_~g_-X2..63 ~-~-~~~~ 'G{~~?c.~--------- -----.._ _.__.._...___~24~73 ~'~i-t1~~___ -._-- IU1 ~~~~r~ L.a4t«S PKu1~-,~cc.c7~IC~~ --- ~P ~n1TFr Cant _._._ _Lor2`1~~x2~~~~-CoP --_.____ ._...__._ _.._ _. -----..-. _.... _._. I?P~«J - ~2, r, __-~~_a (Ca~rscrJL.E~~u~y~.~i~r?~lt~`7 ---.. _ ---------_ ------- - _-__ . _ I rt ?ft'JaS~~e _ t Z _.-- ___ __ te'- ~__~'_=~Z.~ ~-------- ~ ~R~~~?_` f I~cJC.=--..._.... __.-------~- - ~. ~ -.._~- 11 r ( ~ ( ~ ,{ t -- . __.-__.-.-_- _.._--. - ~ R ~~ 1 `~f}~~ _ ...__ .-._ Q~ , •' y ~:~ .a ~~y ~a. .3 .~, ---...__.-_.----._. .._.-----..._-_..-...-~ ..-----~._. y- .-- - _~-~- _..... _~ ..---~ - s-e,, ~~., -..... -- ,~, ~~. ~a• V ~~~o~.. 30800 7elagrapl7 fioad, Suite 4900 C3ingham Farms, ICI 48025 (248} 633.1440 Ph (248) 633.1414 Fax Date: May 6, 2009 COVER LETTER TO THE COMMON COUNCIL OF 50UTH 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~,~ ,~ ~~ ~' / , ~~ Eric W. Tiahrt, P.S. Jacobs Consultants, Inc. ~'{lam ~ ~!G ~-di~i4 Eas ."tea' i.ikis'6+~ Tfi AY - 6 2009 ~~s~iti ~QiF;CV~ Gec@~r !~ ~i~,sr~ess, tnc. Gas~ter P~ ~¥urr{ess GcsrasuEEa~ts, Eetc. C£~~ ~sc4~eteo4s/~~a~Ereeers, trsc. C~~ Arch@tectsl~s~gEeeeers, d'.C. G8S t~el~ee~a, fosc. 1316 COUNTY-CITY BLl(LDING 227 W.lEFFElLSOty BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR ~~ARD OF PUBLIC CORKS March 23, 2009 Mr. Erick Tiahrt Jacobs Engineering Group 30800 Telegraph Road, Suite 4900 Bingham Farlns, Michigan 48025 PHONe 5741235-9251 Fnx 574/235-9171 TDD 574/ 235-55C7 RE: Alley Vacation -First NorthiSouth Alley East of Lafayette and West of S. Main, from Wayne to the First EastlWest Alley (Preliminary Review) Dear Mr. Tiahrt: The Board of Public Works, at its March 23, 2009, 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 map showing properties within 150' of the proposed vacation for your petition to the Common Council. Please contact Tony 1Violuar at (571235-9254 prior to picking up your radius n~a~ Once you pick up the radius map, proceed to the City Clerk's office for your alley vacation packet. Sincerely, _ ,..-~ Linda M. Martin, Clerlc c: ~ Federico Rodriguez, Fire Department Tony Molnar, Engineering Janice Talboom, City Clerk's Office Carl Littrell, Engineering GARY A. GILOT, P.E. DONALD E. INKS JOHN H. MURPHY PRESIDENT MEMBER MEMBER P, 1 ~ ~ ~ Memory TX Result Report (Feb, 19. 2009 4:50PM) ~ ~ ~ 1) BRU PUB WORKS & SAFETY 2) BOARD OF PUBLIC WORKS & SAFETV Date/Time; Fe b, 19. 2009 4:4$PM File Page No, Mode Destination Pg(s) Result Not Seat ---------------------------------------------------------------------------------------------------- 4627 Memory TX NIPSCO P, 2 OK Area Plan Commission OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) Hang up or line fail E. 2) Busy E. 3) No answer E.4 No facsimile connection E. 5) Exceeded max. E-mail size @ a ~ ~ A a r ~ rl S o ~ ~ ¢ yy i_~B ~ 3 a ;'~ ~ .. r (f 3~~d~~~~~Vt ;~~~gg"de &~~ ~~~ a ~ m d ~ ~ g i °~ 4 ~~9 ~+~r,~ °~~ F ~~g~ z ~.~9 ~ a ~ ! £ s LS p ~ A5 g ~ 5 ~~'~i~ 0 ;~ ~.. G °Z g F ~Q~~~t aZ ~ a. .~ ~ 4 ,~#i 3 ~ °o ~ o $$$ ~ H p~p '~ K o wSm og tl ~~ ~; ~ o~ B ~~ t G I1e91'EI~-®FFICE fNENi41~®UI~ BOAR® <~F PUBLtC !~/®RKS T®: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (Ibyorni(c~co.st-ioseph.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, N{PSCO (irbettin cC~nisource.com or 284-2220 fax) For Informational Purposes Only FROM: 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} Df~TE: February 19, 2009 DIJE: March 2, 2009 FAX OR E-MAIL TO:, 235-9171 / Imartin(a~southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: zz y 11 {i, s~ ~. X71 p. ~Y 4,. ~, ti 1~, a ~ •~'os ~ /~ ,'s tom' ~, ~L,v, /'i •ypE-i F? i, ~ y~ ~, 4 / `. y~ ~ BY: ~~~M ~~9~ DATE: ~- ~`'` ~l ~ ~~ Page 1 of I ~.in~a iWartin - r~~: va~a~i®n - a86ey 6y I~~Faye>ite main wayn~ Fr®m: Stephen Goen Ta: Linda Martin ®ate: 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 file:!/C:\Documents and Settings\LMARTIN\Local SettingslTemp\XPgipwise\49A3D275... 2/24/2009 A~~~ ~i~~ ®~~is~i®n ~~ ~~. J~~~ph ~~un~~ 1140 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 1tE: 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 would 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 i Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana t CE=E:22 i EFtr~~TE f.'a~ E"d~tsR6~;`•EC~ PRODLJ OER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION American Specialty Insurance & Risk Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 142 North Main Street HOLDER. THIS GERTIFICATE DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. ~ Roanoke, Indiana 46783 iNSUR~O INSURERS AFFORDING COVERAGE USA Track ~ Fieid, Inc. lN5. A: AXIS Insurance Company i 32 East Washington Street, Suite 800 INS B: Indianapolis, IN 46204-3723 INS. C: CARE OF SOUTH BEND P.O. BOX 1481 SOUTH BEND, IN 46624 I CERT NUMBER: 1000746556 EVENT CODE: 09-16-001 C:(a VtKAC~tS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 6EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRAGT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR{BED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE [TEEN REDUCED BY PAID CLAIMS. IA15 LTR POL4CY TYPE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION i LIMITS General A re ate 2,000,000 GL AXGL01100182-OS 11/01120D$ 11!01/2009 Products-Com leted erations A re ate 1,000,000 A Personal and Advertisin In'u 1,000,000 12:01 a.m. 12:01 a.m. Each Occurcence 1,000,000 Dama a to Pr mis Rented to ou An One Premises 1 000 000 Medical Ex ense Limit An One Person Excluded DESCRIPTION OF OPERATIONS/LOCATlONSlVEHICLES/EXCLUSIONS ADDED BY ENDORSEhM1ENTISPECIAL PROVISIONS 1 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 1 award ceremonies. The Certificatehclder is only an additional insured with respect to liability caused by the negligence of the Named Insured as per Form AXIS 1003-Additional Insured - C:ANf'.FI f ATInN t I i I OF PARKS COMMISSIONER 02/17/2009 SHOULD ANY OF THE ABOVE DESCRIBED POUGIES BE CANCELED BEFORE THE EXPIRAT{ON DATE THEREOF. THE ISSUING ~ COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN pJOTICE TO THE CERTIFICATE HOLDER. 6UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS .AGENTS OR REPRESENTATIVES. ~ ~ v p®~n3/q~12099 gS'4:3 FAY ~~ ~~ INTER-OFFfCE MEMORANDUM E®AR® ®F pUELIC ~ORK~ ~OQ1;'001 i i T®: Carl Littreil, Engin®ering Departm®nt John Byorni, Area Plan Commiasian 'b nl cost- ose h,i or 235-9813 fax} ~ Jeff Gibn®y, Community & Economic Development Chris Dressel, Community & Economic D®velopment Hob Mathla, Community & Economic Dev®Iopment , Federico Rodriguez, Fire D®partm®nt Andre Price, Solid Waste ' 6tephen Go®n, Police D®partm®nt Ch®ryl Greene, Gity Attorn®y's Office Jim B®ttin, NiP5C0 ' tl nisourc m or 284-2220 fax) For Inforrnatlonal Purpos®a Only FROM: Linda M. Martin, CI®rk ' RE: R®quest for Recommendation - Aliey Vacation i Location: First North/South,Altev east of Lafa,~ (Preliminary Review) DATE: February 19, 2009 DUE: March 2.2009 FAX 4R E-MAIL T0: 235-9171 / Imartln aouthb din, ov • ; r RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NO7 REQUIRED. ~-OMMENT8 & RECOMMENR TIA ONS: ~ ~i ,i i N • , ~~ ;, ,r i ' Received Time Mar. 2. 9:OOAM , ~3-02-d9 12 : d8 CO2•?F?lIN I TY DEVELOPMEf~T '" ~~ ID=+15742359697 i~lTE~-OFFICE iVIEMOi~iNDUM ~©ARD OF i'UEILIC WORiC~ TO: Carl Littreli, Engineering Department John Byomi, Ar@a Plan Commission (ibyorni .cost-ioseph.in.us or 235-9813 faux) Jeff Gibney, Community & Economic Development ' Chris Dressel, Community & Economic Development ,, '. Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solld Waste • Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(c~nisource.com or 284-2220 fax) iron Ingormational • Purposes Only P120M: Linda M. Martin, Clerk~~_ ESE: Request for Recommendation -Alley Vacation Location: First North/South Allev east of Lafayette and West of S. Main. from W. Wayne to the First East/West Alley (Preliminary Review) • pAT~: February 19, 2009 pt~E; March 2.2009 FAX OFt E-MAIL TO:, 235.9171 / (martin southbendin~aov RETURN RECOMMENDA"I°lON PAGE ONLY. ATTACHMENTS N07 REQUIRED. COMMENnnTS ~ REGOMMENtaATI/O~~NS: 6~. p Cd th lti.c_ n r~ 7`r~ f _a lLP I a VG ~ , -•- BY: ~~~1 t ~ 3 D f ¢s S•~ TE: 3 ~ 2~ 0 1 P.01 Received Time Mar. 2. 11:29AM ~~lT'ER-~FF9CE BEM®RA~!®IJ~Ii ~®AR® A~ IPll~L9~ ®RK~ TO: Carl Littrell, Engineering Department -John Byorni, Area Plan Commission (Ibyorni@,co.st-ioseph.in.us or 235-9813 fax) Ji~ff Gibney, Community & Economic Development /Chris Dressel, Community & Economic Development ob Mathis, Community & Economic Development ~ederico Rodriguez, Fire Department Andre Price, Solid Waste t,,S~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 FROIt¢i: Linda M. Martin, Clerkr7~'j~ 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 EastNVest Alley (Preliminary Review} ®A'PE: February 19, 2009 ®UE: March 2, 2009 FAX 4R E-MAIL T®:, 235-9171 / Imartin(a)southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COIti1MENTS ~ REC"Of6gMEf~®ATIONS: ..-. _ BY: ~- G~ G~~~Ct~ DATE: ~~L~ k 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 III. The following properly 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 council Attest: City Clerk eCEst~ ~~ ~if r I~tah ~W ~~3 ttrQ'+3 s,1 ;w~"'~tilla/~p~il (.~'j~Jt01 ~6t~i -~%eY~ }~~u 4ff[V f~v~ll lrl~ 6C6t@3 .~V~tl~~4~S~14f1 Y.~S lSSld~, 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 RgABiI~~ s^~'~" ~~ PUBLIC HEARI(~TG 3 rd P.EADlt~tG t~i(~T APFROV~ REFERRER PASSED. - Mayor, City of South Bend, Indiana ~~I~d ~n ~I~~`k'~ ~~ii+~ MAY - ~ 2009 JQtIN Y©ORGE CE5'9i CLERK, SU. EElif?,1~. PETITION TO VACATE PUBLIC RIGHTS-OF-~~AY 1STREETSIALLEYS) TO THE COI~IfIdiON COUPdCIL OF THE CITY OF SOUTH BEND, IND4AI~A ADDRESS I (4~E), THE UNDERSIGNED PP.OPERTY O~ANER(S), PETITION YOU TO VACATE: A. THE ALLEY DESCRIBED AS: Tc.~ ~'~rS~ N~<#t~~SoJ+~- h~l~Y vNs~ oF" i`IpYn Sf tlr:~ Lwt,J }-o L,~ds,~ stir~r {'Gr 4 et c7 ,'S~av:ct' rn Cr ~y~. ~- I cti ~' aY.,~ c~ ~../.' JT~ d ~ Iy Yer ~ • e~~~ a ~cf}- ~~- CvSl~~titC ~ ~~ a cad ~`a .'c r~, pro ; ~ , s C +ov N+~ 5 F.: ~° /,£ i f O t ~b ;J + 1.- Z-x'1-41 4- r J l y ~ ~ ~~^~~ k~~c{'1~. Cov ~ t-y, 1~l~~Rvia. B. THE STREET DESCRIBED AS: NAMttE (s``igned & printed) ~~trl a, d ~ jr.~dhr'-'-o f , 1:Ja~ci~ ~lc~~~c~~~t, DATE: yE6 a~ y66a~ RETURN TO: OFFICE OF THE CITY CLERK JOHN VOORDE, CITY CLERK .ROOM 455-COUNTY-CITY BUILDING SOUTH BEND, IN 46601 574-Z35-9221 LOT # ~~~~d (1~ ~=~a ~s'~ ~~i~~ t.4 AY - $ 2009 CONTACT PERSON (S) NAi~IE: _~~, r~i ~ ~ ~1~~~~ 7 ! ADDRESS: 51 3L~ ~ I r~ LQn G rfl ~ ~~, a~~1d, ~ ~ ~~ca ~ C J 3 kUNGF1s,~ -3189 ao rn rn -3192 r ~ ~ N r~ fh ~ ~ ~ ~ I M I ~ rn w 1 -1077 18 1076 z Q J C° LINDSEY ST. R15 .0 14' 18-1077 0 t7 M ~ M N N N7 ~ ~ ~ CV ~}- ~. N M I 18-1077 ~- i 18-1 36 5 I q~NU£ OD 4 0 w ~1 i 20 . w Z 18-1 35 ~ 3 Q ; 4 m jEpfR R~~ ~qu M~~H~~gN q ~£ LEGAL DESCRIPTION: N~£ qpp The. alley to be vacated is the first North/South alley West of Ailen 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. C/N~oL ~ N wq Y ~ w~S ~ W Q ® ~ Q ~ o a s ~ q ~~ ~ r ~ „ ¢ ~ o .~ f" cs ~ ~ '~ cs ~a i.~. ~f ~~ I 5~ PARCELID NAME 1 TAXMAILADD TAXMAILCIT 018-1035-1507 WHITLEY DENNIS SECUIRTY TITLE SERVICES LLC PO BOX 105 018-1035-1510 HEINTZELMAN MELODY 26140 BRUSH TR SOUTH BEND IN 46628 018-1035-1509 HEINTZELMAN MELODY 26140 BRUSH TR SOUTH BEND IN 46628 013-"035-1511 SWOAK JERRY W 6388 KENTSTONE DR INDIANAPOLIS IN 46268-4861 018-1036-1570 HARRIS SHAWN P 0 80X 770 DOLTON IL 60419 018-1035-1505 SALEH FOUAD 1108 LINCOLNWAY WEST SOUTH BEND IN 46616 018-i~35-1503. COMMUNITY 1ST INVESTMENT GROUP LLC 1114 LWW SOUTH BEND IN 46616 018-1036-1566 BLOCK AMY 612 CLEVELAND RD SOUTH BEND IN 46628 018-",036-}562 LINCOLNWAY WEST DEVELOPMENT 1202 L{NCOLNWAY 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 T„ , ~~.. 078-1076.3193 DEUTSCHE BANK NATIONAL TRUST COMPANY AS CHASE MANHATTAN MTGE CORP PO BOX S01830 0'!9•'077-322 KELLY RALPH M & JUDITH A 1215 LWW SOUTH BEND IN 46628 018-1077-3228 MBAE KARIMf 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 0 8 1077.3237? VENCZEL CAROLA 1119 LINDSEY SOUTH BEND IN 46616 h118-1Q77.-3238 L&G PROPERTIES REHAB INC PO BOX 503 OSCEOLA IN 46561 018-1077-3229 JOSEPH ELMER 5 SR 56149 OAK RD 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-i5^2 MAGEE SANDERS 529 ALLEN S7 SOUTH BEND fN 46616 018-1035-1514 LOTTIE OSCAR 610 ELAINE 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 016-1036-1561 WILLIAMS MARIE 1013 S 2ND ST ELKHART IN 46516 018-1035-1512 LOTTIE OSCAR 610 ELAINE ST 50UTH BEND IN 46601 018-1076-3211 MOCHEL MICHAEL 53295 TWIN LAKES RD DOWAGIAC Ml 49047 018-1079-3310 JOHNSON PEGGY SUE 715 N ELAINE 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 ~~ 1 ~v lz I3 018-]035.1500 WORDEN FRED 1124 LINCOLNWAY WEST SOUTH BEND IN 46616 018-1074-3108 NEW HORIZONS OUTREACH MINISTRY INC 51305 LILAC RD SOUTH BEND IN 46628 013-':077-3247 NTA PROPERTY MANAGEMENT LLC 201 CONROY RD STERRETT AL 35147 018-1077-3243 HOUSING ASSISTANCE OFFICE INC 1047 LINCOLNWAY W SOUTH BEND IN 46616 018-1077-3245 CIESIOLKA RONALD A & JUDY G JTWROS NOT A 247 HiGGINS ST N{LES MI 49120 018-1036-1542 PASSENGER PENNY 1212 LINCOLNWAY WEST SOUTH BEND IN 46628 018-1074-3109 RECA LIMITED PARTNERSHIP PO BOX 1996 IRMO SC 29063 ~^~ ~-~-'""""""' . D18.14]7-3236' HOMECOMINGS FINANCIAL NETWORK CIO (3RADLE 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 NEW80RNE KARL 51621 QUINCE RD SOUTH BEND IN 46628-9233 ~,w,-.. 0"t8+.1036x1585: HARR15 JAMES D P O BOX 23048LWW TOLEDO OH 43623 4°3-,Q6 t55'.1; SMITH KAREN LEE 26041 DOLORES AVE SOUTH BEND IN 46619 01$-1036-1563 DIGGINS BENNIE C. AND PAULINE E. 1622 COLMAR DR HOLIDAY FL 34690-6102 018-1074- 311001 CIESIOLKA RONALD A & JUDY G JTWROS AND N 247 HIGGINS ST NlLES M! 49120 018-1074-3110 HARRIS GERALD W 1031 LWW SOUTH BEND IN 46616 013-'074-3111 MCBEE WILLIAM &MCBEE ALECKSANDER 7917 N 65 EAST MONTEREY IN 46960 01B-1036-1541 HANSBERRY YVONNE 1216 LINCOLN WAY W SOUTH BEND IN 46628 018-1079-3335 LAWSON PHYLLIS J 714 N BLAINE ST SOUTH BEND IN 46616 018-1076-3187 LEE STELLA 2428 LINCOLNWAY WEST SOUTH BEND IN 46628 323301 EL AMMORI WADAD 51343 LILAC RD SOUTH BEND IN 46628 013-'077-3233 EL-AMMORI WADAD 51343 LILAC RD SOUTH BEND IN 46628 018-1077-3241 EL-AMMORV WADAD 4201 A MANNHEIM RD JASPER IN 47546 01$-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 018-107631.89 HUGINS MARY E 707 ALLEN ST SOUTH BEND IN 46616 013-t076-3212 HELPn MARY ALICE & BROMELING SUSAN MARY 712 N ALLEN ST SOUTH BEND IN 46616 ..r--.~-...~ -..,,+ 1018~1076.3190i CARTER AL. L. SR. 12601 STEEL AV DETROIT Mt 48227 a 1 a98*jOZ8=319 DOROTEO FAUSTO P 3019 W. CALVERT ST. SOUTH BEND IN 46613-1018 QJ8-1076.3192 KUJAWSKI LINDA L 270 BELLVUE LOOP FAYETTEVILLE GA 30215 018-1077-3222 STONECREST INVESTMENTS LLC 4300 STEVENS CREEK BLVD STE 275 D18-'077-3223 KELLY RALPH M & JUDITH A 1215 LWW SOUTH BEND IN 46628 Oi8-1079-3336 HUBLER WILLIAM W &HUBLER ROBERT L . 712 BLAINE AVE. SOUTH BEND IN 46616 018-1076-3188 AMERICAN PROPERTY TAX FUND LLC PO BOX 6822 SOUTH SEND 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 BLAINE 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 fN 46616 Oi8-1076-3210 DEUTSCHE BANK NATIONAL TRUST CO A5 TRUST 3476 STATEVIEW BLVD FORT MILL SC 29715 013-1036-1571 ESP{NO INVESTMENTS INC 4122 BONFIELD PL SOUTH BEND IN 46619 018-1077-3246 JAS INVESTMENTS 626 ALIEN ST SOUTH BEND IN 46628 321501 PATTON MICHAEL & TINA M 25839 BRICK RD 50UTH 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 ~~11 Ne- ~-~-0~ 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 a~ie~e 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" (a: that term is defined at Ind. Code $-1-32.5-3) and satellite television service and entities acting as their a ents 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 prescribed for violation of the Electrical Code adopted bythe 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, andlor jack;-~ae# $x:89_ 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 bylaw. Member, South Bend Common 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 o'clock , m. 1st READING ~-~~~`~ PUBLIC HEARING 3rd READING t~tC?T APPROVED ~~.~ ~~~' 2 , at Mayor, City of South Bend, Indiana Fi1~d 4n C1~t`~€'S ~~fFC® ~l AY - 6 20G9 d;1 st~'IJ~FL?E CITY Ci r1il:; riJ. BEAD, tel. 1400 CouNTr-Crnr $ulLprxc 227 W. JEFFERSON BQULEVARD Sovrx BEND,INDUINA 46601-1830 PHONE 574/ 235-9241 FAx 574!235-9892 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LcrECxE, MAYOR DEPARTMENT OF LAW CHARLES $. LEONE CrrYATroRNEY Ai.~wEAN M. Dr;RosE CHIEF ASSISTANT CITYATTORNEY May 7, 2009 Mr. Derek Dieter President, South Bend Common Council 4a' Floor, County-City Building South Bend, IN 46601 Re: Substitute Bill No. 27-09 Amending the South Bend Municipal Code -Low Voltage Contractors Dear President Dieter: The substitute version of Bill No. 27-09 contains a slightly different title than the original due to expansion of the Municipal Code sections affected by the amendments. This means that Bill No. 27-09. must be re-published with its amended title, and that second and third reading on this ordinance should take place May 29, 2009 and not May l 1, 2009. Please postpone the second and third reading of Bill No. 27-09 to May 26, 2009. Thank you. cc: Charles Bulot Sincerely, C~~ ~~ d~~~~~' Aladean M. DeRose Chief Assistant City Attorney Fbs d t1 Gt~rk's O~ace MAY - 7 ~ JQFiN cp ~'~ ~D, tF#. C11'`( CLARK, THOMAS L. BODNAR CHERYL A. GREENS ANN-CAROL NASH JEFFREY M. JANKOWSKI SHAWN E. PETERSON JEFFREY L. SANFORD JOHN E. BRODEN j~~ll~~ z~-~~ Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 10 ENTITLED USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEP e RTMENT STATEMENT OF PURPOSE AND INTENT The South Bend Police Department provides a variety of outstanding public safety services aimed to protect the life, property and personal liberties of individuals. The police department "affirmatively promotes, preserves and delivers" public safety services aimed to prevent crime. By utilizing "community policing", partnerships between individuals and their police officers have been created. These positive actions are working to make South Bend a safer community where people live, work and play; and where visitors will avail themselves to the many cultural and recreational opportunities offered. The South Bend Police Department "...continuously reviews the way that it deploys staffing resources in an effort to increase their ability to respond to community needs and maximize resources". The Uniform Patrol Division is the largest Division in the Police Department and is often referred to as the "backbone of the Police Department". These officers protect the 107,000 city residents by patrolling the city which consists of thousands of residential homes and businesses; 460 miles of streets and 499 miles of alleys. The City's sworn police officers provide top-quality police services on a 24/7 basis. In addition to the uniform officers, the police department utilizes many qualified individuals some of which serve as K-9 Officers, Investigators, Detectives, SWAT, bomb technicians, Rapid Response, hostage negotiators, arson & fraud investigators; forensic lab technicians; school resource officers; crime prevention officers; supervisory personnel who are specially trained to "ensure timely responses and patrol coverage throughout the city". The South Bend Common Council is committed to maintaining the highest level of police services to the citizens of the City of South Bend. The Council therefore believes that it is necessary to establish user fees for special public safety services which are provided by sworn members of the South Bend Police Department. Such special police services which go above and beyond the daily 24/7 public safety services provided to the citizens of South Bend. The Common Council specifically notes that the South Bend Police Administration has instituted many cost-saving measures in 2008. Examples include instituting a payroll deduction system for gasoline consumption; reducing the number of qualification shoots; reducing the fleet size; reducing the number of department cell phones, etc. In 2009, the South Bend Police Department has continued the payroll deduction for gasoline consumption; has limited the number of combat shoots; continued the reduction of qualification shoots; is re-using car equipment instead of purchasing new equipment; is scrutinizing the use of recall; as well as many other cost-saving South Bend Police Deparhnent User Fee Ordinance Page 2 measures. Despite these fiscal measures, funds through user fees for special police services are needed in order to maintain the quality and the level of police services expected and needed by the South Bend community. Other communities have implemented a variety of cost recovery measures, many of which include charging for such special public safety services. In light of the cost to the South Bend Police Department to provide such special police services, the Common Council believes that police service fees and charges are necessary in order to assure that the quality of public safety services to the citizens of South Bend are not jeopardized or compromised. Reasonable fees to off-set the fiscal impact of providing special police services for non-municipal functions such as dignitary protection are necessary and fiscally prudent. The Common Council fizrther notes that it has the authority to impose reasonable fees for services under Indiana law. More specif cally, Indiana Code § 36-4-6-18 authorizes the legislative body to pass ordinances and to control "...the city's property and finances, and the appropriation of money". Furthermore, under the State of Indiana's "Home Rule" legislation, units of government have "...all the powers that they need for the effective operation of government as to local affairs", Indiana Code § 36-1-3-3. Furthermore, Indiana Code § 36-8-2-4 authorizes regulations based on public health, safety or welfare considerations. The proposed ordinance is believed to be in the best interests of citizens and the City of South Bend, Indiana; furthers the public health and safety of the entire community; and represents good business and financial management practices. ~11r~, t~~, ~ ~~~~~d ~ ~ gv'~L ~'vau~.zc~l of the City of South Bend, Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code is amended by the inclusion of new Article 10 which shall read in its entirety as follows: ARTICLE Z0. USER FEES FOR SPECIAL PUBLIC SAFETY SERVICES PROVIDED BY THE SOUTH BEND POLICE DEPARTMENT Division I. User Fees for Police Special Services Involving Di~nitary/VIP Protection. Sec. 14-65 User Fees Established for Non-Municipal Dignitary Protection Police Services. {a) The following user fees shall be charged by the South Bend Police Department to the responsible party who invites, sponsors or hosts an event which requires or requests non-municipal dignitary protection special police services. Such non-municipal dignitary protection special police services may include but are not be limited to time actually spent by assigned or ordered sworn members of the South Bend Police Department involved in the pre-planning meetings/conferences {in-person, telephonic, web meetings); consequence management preparation; crisis management preparation; transportationltraffic details; credentialing; training; interagency communications; South Bend Police Department User Fee Ordinance Page 3 intelligence gathering; and related special police services xequired for the protection and operational planning of the VIPs or~dignitaries: (1) Sixty-Five Dollars ($65.00) per hour per sworn police officer assigned or ordered to provide non-municipal dignitary protection police special detail; and (2) Computation of the time set for above shall include any fraction of an hour and shall run from the time of dispatch or deployment for such non-municipal dignitary protection police services; (b) The rates of the user fees are reasonable and just rates and charges for such special police services. (c) The South Bend Police Department is authorized to make reasonable rules and regulations as may be determined necessary or expedient with regard to billing and collection of the user fees and charges authorized herein, which are not inconsistent with the intent of this Division. (d) The Chief of Police may only waive charges for the deployment by the South Bend Police Department's motorcycle escorts, bomb detail, or SWAT Team based on a case by case determination. Sec. 14-66 Mileage Fees for Services Provided by Sworn Members of the South Bend Police Department to Sites Located Outside of the City Limits. Mileage fees shall be charged for each vehicle used by the South Bend Police Department which is involved in each non-municipal dignitary protection police special services detail. Such mileage fees shall be $ 12.84 per mile from the point of dispatch for the round trip, with a minimum of one (1) mile being charged. Sec. 14-67 Payment Agreements in Lieu of Charges Established in Sections 14-65 and 14- 66. (a) Written payment agreements between the responsible party who invites, sponsors or hosts an event which requires or requests non-municipal dignitary. protection special police services and the City may be entered into which waive the user fees addressed in Sections 14-65 and 14-66 if other specific payment arrangements are agreed upon for such needed special police services. (b) Each such payment agreement is valid only if it is approved by the responsible party, the Chief of Police, and the Common Council prior to the event, with the Council's action being taken by the adoption of an appropriate resolution approving the terms of payment. Any such payment agreement shall be subject to the provisions of Section 14-70 of this Division. South Bend Police Department User Fee Ordinance Page 4 Sec. 14-68 User Fees and Charges to be Deposited into Fund # 220. All fees and charges collected pursuant to this Division shall be deposited into Fund # 220, the Law Enforcement Continuing Education Fund. Sec. 14-69 Quarterly Reports From the South Bend Police Department. Quarterly reports summarizing the number of non-municipal dignitary protection police special services provided by the South Bend Police Department, total amount billed, total amount collected, and information related to the regulations in this Division shall be filed by the South Bend Police Department at the beginning of each calendar quarter with the Office of the City Clerk. Sec. 14-70 Penalties for Failure to Pay. (a) A responsible party shall be subject to a penalty for failure to pay the full amount of a charge under this Division within sixty (60) days after the issuance of the bill for payment by the South Bend Police Department. (b) Ten percent (10 %) of the amount of the charge that remains unpaid on the due date shall be the penalty amount. Sec. 14-71 and Sec. 14-74 Reserved for Future Use. 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. Council Member Karen L. White Healt~}_& Public S~jety Committee Chairperson Personnel ~iid Finance Committee Chairperson Council Member Henry Davis, Jr. Community Relations Committee Chairperson South Bend Police Department User Fee Ordinance Page 5 John Voorde, City Clerk ~~.~,/by me to Stephen 3. Luecke, the Mayor of the City of South Bend, Indiana, on the day of , 2009, at o'clock _. m. Janice Talboom, Deputy Clerk ~~~~ ~ ~ by me on the day of o'clock .m. Stephen J. Luecke Mayor City of South Bend, Indiana 1st READING ~ ~t 3~~~ PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2009 at ~id~c~ ~t1 ~I~~"~~'~ t~f6~e aP~ - s Zaog ~iC~t! V~uRGE CITY Ci.E~,', SD, BEPlD, Its. ~ ~pU T$ g~ ~,~~~ d City of South Bernd .,~ ,,, ~. \\ PEACE i~ -: a ~C®mmon council A R 1865 44I County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1834 Derek D. Dieter Apri18, 2008 President (574) 235-9321 Fag (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov Members of the South Bend Common Council Oliver J. Davis 4~' Floor County-City Building Vice-President South Bend, Indiana 46601 .Ann Puzzello Chairperson, Committee Re: Cost Recovery for Special Police Services of the Whole Dear Council Members: Derek D. Dieter First District Last year, we were part of the team which represented the South Bend Common `Council on the City Advisory Negotiating Team during the negotiations with the Henry Davis, Jr. Police Officers representing the Fraternal Order of Police South Bend Lodge No. 36. Second District During those bargaining sessions, all parties agreed to look into alI reasonable Thomas LaFountain mechanisms to address possible new sources of revenue to assist in the fmancing of Third District needed public safety services. Ann Puzzello We are pleased to introduce for your consideration an ordinance which would create Fourth District reasonable and just rates and charges for such special police services involved for non-municipal dignitary protection. David Varner Fifrh District In 2008, non-municipal dignitary protection costs to the South Bend Police Oliver J. Davis Department for time reflected in blue cards submitted for payment was $16,513. Sixth District That cost does not reflect additional costs incurred by the Police Department to rovide such s ecial olive services. In Ii t of the location of the P P P gh airport, our police Al "Buddy' Kirsits department is called upon on numerous occasions to provide dignitary protection for At Large individuals who attend events located outside of the city limits. Last year's events at Mishawaka High School, and an event held in Elkhart earlier this year, are just some Timothy A. Rouse examples of unexpected expenses incurred by the South Bend Police Department At Large .where they were required to provide special police dignitary protection. Karen L. Whine On November 10, 2008, Police Chief Darryl Doykins summarized the numerous At Large cost-saving measures he implemented in 2008 and those that would be in place in 2009 for the South Bend Police Department. Despite those policies, unanticipated costs like those incurred for dignitary protection go above and beyond the regular police services. We believe that user fees for special police services are needed in order to maintain the quality and the level of police services which are expected and needed by the South Bend community. We further believe that police service fees and charges for special police services are necessary, in order to assure that the quality of public safety services to the citizens of South Bend are not jeopardized or compromised. Cost Recovery for Special Police Services -Page 2 ,1c', i pq - b 20G ~~ .:O~ii4 yGi'~~~_~ nn r S 1 w~ 6'"At:3s Es~. Other communities have implemented a variety of cost recovery meas,~,r.,~.,~Lny"o~~v~luc include charging for such special public safety services. In light of the cost to the South Bend Police Department to provide such special police services, we are proposing regulations which would off- set the fiscal impact of providing dignitary protection for non-municipal functions. The proposed ordinance would: • Authorize the South Bend Police Department to charge the responsible party who invites, sponsors or hosts an event which requires or requests non-municipal dignitary protection special police services • Establish an hourly rate charge per sworn officer based on the ongoing costs incurred by the police department based on personnel costs, fringe benefits costs, training costs, and related expenses • Authorize the SBPD to establish reasonable rules and regulations for billing and collection similar to those in place in the SBFD for their special services • Establish a mileage fee rate for vehicles used in each non-municipal dignitary protection special police service detail • Authorize the option of a payment agreement which must be approved by the responsible party, the Chief of Police and the Common Council prior to the event in lieu of the established charges • Require all fees and charges collected to be deposited into the Law Enforcement Continuing Education Fund • Require quarterly reports from the SBPD summarizing data • Require payment within sixty (60) days of the date of billing with a ten percent (10%) interest rate being charged on any balance remaining unpaid As elected officials of the City of South Bend, we are proud of its m and women who provide exemplary police services on a 24/7 basis. The proposed ordinan is caned to assist in funding, so that the City's police operations needed by our citizens, will rye b j eopa~zed, Tha l~u. Sincerely, ~ ~~~-~~ Council Member Karen L. White Hea d Public fety Chairperson Coun ' tuber Ann zello Health & Public Safety Vice-Chair L'ouncil~'Glember Thomas LaFountain Personnel and F' e Chairperson ci r eery Davis, Jr. Comm Re tions Chairperson 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 after its passage by the Common Council and approval of the Mayor. Member of the Common Council Attest: !e ~eoea:~ .i "xo~.::.,` 4iS~:i 13~'eaF:~ ~61 ~~~~E~~ ~~ i '1 s~'„a 4. i~ City Clerk ~Pr~~ ~~~ ~~ ,~.~~ ~~@t~~rC ~~~r~~g Cc~UItCFd ~~~S3il 4f1 ~11~ ~~ ~--= Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. Deputy City Clerk Approved and signed by me on the o'clock m. 1 st READING ~ ~'40~~~ PUBLtC HEARING 3 rd READING NOT APPROVE REfERRE~ P'ASSE~ ... day of 2009, at Mayor, City of South Bend ~ii~d i~ ~t~r~'~ ~~fic~ P~ ~,Y 2 0 2009 JOriN L'DCr~DE CITY CL>;Psd, S0.8Et14, tM. COUNTY-CTrY BUILDING 227 ~. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoN$574/235-9216 Fnx 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 4~' 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 fnal 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 youx attention to this matter. Sincerely, r M. Catherine Fanello, CPA Controller jANICE L. HALL JOHN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOLIRCFS INFORMATION TECHNOLOGY ~~~ll ~~~ 3~-J9 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE N0.9822-OS 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 th°• 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 WOr:KS 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. NOW; THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL 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 e'er $15.38 2% $~~ $15.69 Section II. Ordinance # 9822-08 shall in all other ways be reaffirmed and unaffected by this Ordinance. Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor, and as a matter of equity to the affected employee, this ordinance shall be given effect as of January 1, 2009. Member of the Common Council r Attest: City Clerk r r;' ~ 7~; t'$~ ~vb ~eF~~it: ~[ ~11~E1 ~~~OII ~ ~', 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 ApT,xoved and signed by me on the day of , 2 , at rn. Mayor, City of South Bend 5 _zb-~~1 ~ 5~ R~aD1raG ~!}BLIC HEARING 3 rd P.EADING I,,Oj A~c~ROY~ n ~; E? RED n~l~SSE4. o'clock ~YS AY ? ~J 2QC9 ,j~: ~~y '; ~~i'sitE COUNTY-Crlx Buu.DINc 227 W. JEFFERSON BLVD. Sourx BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PxoNE 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 4~' Floor, County-City Building South Bend, IN 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 $15.38/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, CPA Controller JANICS L. HnLL JoxN MURPHY ROBERT ALLEN DIRECTOR ASSISTANT CONTROLLER DIRECTOR HUMAN RESOURCES INFORMATION TECHNOLOGY BA1~NE~~rI-'~-I~RI~J3LT~~" LLP Philip J. Faccenda, Jr. .(574) 237.1148 philip.faccendaQbtlaw.com 600 1st Source Bank Center 100 North Michigan South Bend, IN 46601 U.S.A. (574)233.1171 Fax (574} 237-1125 www.btlaw.com June 4, 2009 HAND DELIVERY John Voorde Derek D. Dieter, President Clerk of the City of South Bend South Bend Common Council 227 West Jefferson Boulevard, Suite 455 227 West Jefferson Boulevard, Suite 400 South Bend, Indiana 46601 South Bend, Indiana 46601 Re: City of South Bend, Indiana Waterworks Revenue Bonds of 2009 Dear Mr. Voorde and Mr. Dieter: Enclosed for filing are multiple copies of a substitute Bill No. 36-09, which is the Ordinance for thekabove-referenced City of South Bend, Indiana Waterworks Revenue Bonds of 2009 for consideration of the Common Council on June 8, 2009. The Ordinance contemplates that a portion of the Project will be financed through the State Revolving Fund ("SRF"), through a grant and aloes-interest loan. The modifications in the substitute Bill reflect changes requested by the SRF Program and primarily involve the establishment of a separate debt service reserve for bonds sold to the SRF, consent rights of the SRF to the taking of certain actions for bonds sold to the SRF, and other minor modifications in connection with the SRF. Program. The form of the Financial Assistance Agreement between the City and SRF is also attached as Exhibit B to the Ordinance. Please call me with any questions you may have. Sincerely, Philip J. Fac enda, Jr. PJF:mdm Enclosures cc: Aladean M. DeRose, Esq. SBDS02 PFACCENDA 390550v1 ~i~~~ jfl ~i~l`~+'~ ~a~a~~~ JUN - 4 2009 Chicago Indiana Michigan Washington, D.C. 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 IURC's authority and regulation. The City will receive IIJRC 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 plans 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 fmds 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 ar 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 speci ications heretofore prepared and filed by the consulting -, -J- 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 (as designated by the City, a "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- daycalendar 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.ir~itial issue of the 2009 Bonds to the Registrar for authentication, provided that if any o,`. the 2009 Boz-ids are sold to the Indiana Finance Authority through the SP.F Frogram, then it ~,:~cl;~ ~~ounts that will produce -~- .annual debt service that is as Level as practicable, except as otherwise provided in the Financial Assistance Agreement. 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. Far 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 maybe 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 'oe defined as the gross revenues of the works after deduction only for the payment of the reas~nabie expenses of operation, repair and maintenance of the works, and which reasonable expenses of operation, repair and maintenance specifically do not irxclude any rates or charges in lieu of taxes made and ..collected by the works and transferred to thP. City in accordance with the Act (tide "PILO'T' . Payment"). The City specifica.`y subor~l_ir_ates its rigrit to receive any PIIJOT Ba-yment to t~~e ,rights, of the holders of the 2009 Bonds, ~:r~d any Parity Bands, inch~ding t11E. P'ricr •Lond-, .to . receive payment of the pri?~cil.~,; premit3rn,. i f ar~y, and interest, payable ~:,n.• ~:r?E r bands, PII,~`JT Payments shall be made not more frequently than.semiannually on Jalrzary 2 and July 2 and may be made only if all monthly deposits required by this Ordinance are current and held as of such dates in the Operation and Maintenarxce Fund and the Sinking Fund (each as defined herein). Other than PILOT Payments and normal and regular pro rata payments to the City for shared expenses charged by the City to its various departments, no moneys dewed from the revenues of the works shall be transferred to the General Fund of the City or be used for any purpose not connected with the works. 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 b}~ 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 Band 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 directicn 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 Authhorty or the Indiana Bond Bank shall be paid from the date of delivery of the 2009 Bonds. Interest ors 2009 Bonds not sold -- - to• the Indiana .Finance Authority or the Indiana Bond Bank sr:ali be p&}yaul~ from the interest p~yment~ date to which interest has beer: p~ai.d next preceding 'tl~e autlientiGation date thereof ~~ :s~less such 2009 Bonds are authenticated after the Record DatE.fo;. Gh interest x~avment date-arid . '~r~ or•~iefore such irite~estpa~y:nent d~:te ? ~ vi;ich case tlzcy ~l~.a~k heap. i~:~: drFSt ~3~orrz such interest . • -~~;,Sc~ient•~3:~~tc;;.cr unless autheriti~,ated o~'.; or=0;fbre tl~e Re~o~•d I~:!~aF:: :rp'.t~i~ i-t'~k iriY,~e`i pavsnnent • • -~.. -. date, in which case they shall beat- 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 executed and delivered in the names of the transferee or transferees or the registered owner, as the case may be, in exchange therefor. The costs of such transfer or exchange shall be borne by the City except for any tax or governmental charge required to be paid with respect to the transfer or exchange, which taxes or governmental charges are payable by the person requesting such transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the persons in whose names such 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 Paving 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 Ageirt. 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 an the 2004 Bons~s as fiscal agency charges= - . ~ The Registrar, and Paving A,gentmay at anytime resign as.Registrar. and Paying Agent by. ~: ' • ~~ _ giving. thirty (34~ days written.. r_~tir..e to the Cit}= and by first-class mail to etch registered ou~r~er _. j 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 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. fqr .redemption until such. 2009. Bqnd 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 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 ally 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 Ag"ent 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 2.009 Band, including, without limitation, any responsibility or obligation:hereunder to maintain accurate records of any interest in any 2009 Bond or any -9- 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, 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 maybe 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: -10- R- UNITED STATES OF AMERICA STATE OF INDIANA COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA WATERWORKS REVENUE BOND OF 20[ ] Interest Maturity Original Rate Date Date [See Exhibit A] , 2009 REGISTERED OWNER: PRINCIPAL SLIM: Dollars ($__~ CUSII' No. 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 [, or so much thereof as may be advanced from time to time and be outstanding as evidenced by records of the Registered Owner making payment for this bond, or its assigns,] on [the Maturity Date set forth above] or [ in the years and in the amounts set forth on Exhibit A attached hereto] [(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] [wire transfer for deposit to a financial institution as directed by the Indiana Finance Authority (the "Authority") on the due date 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] to the Registered Owner as of the Authentication Date 2009 -11- 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 [Bonds (as hereinafter defined) held by the Authority, by wire transfer or deposit to a financial institution as directed by the Authority on the due date 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] [a Registered Owner of $1,000,000 or more in principal amount of the Bonds (as hereinafter defined), by wire transfer on the due date upon written direction of such owner provided at least fifteen (15) days prior to the maturity date or redemption date]. THE CITY SHALL NOT BE OBLIGATED TO PAY THIS BOND OR THE INTEREST HEREON EXCEPT FROM THE HEREINAFTER DESCRIBED SPECIAL FUND, AND NEITHER THIS BOND NOR THE ISSUE OF WHICH IT IS A PART SHALL IN ANY RESPECT CONSTITUTE A CORPORATE INDEBTEDNESS OF THE CITY WITHIN THE PROVISIONS AND LIMITATIONS OF THE CONSTITUTION OF THE STATE OF INDIANA. It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in the execution, issuance and delivery of this bond have been done and performed in regular and due form as provided by law. This bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been executed by an authorized representative of the Registrar. This bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like date, tenor and effect, except as to denomination, numbering, rates of interest, redemption terms and dates of maturity, aggregating Dollars ($ ), 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"), acid in accordance -12- 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 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] [Operation ,and Maintenance (as defined in the Financial Assistance Agreement)] 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 panty 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. -13- The bonds of this issue maturing on and after January l,~ 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] [in inverse order of maturity] 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 CUSIP numbers of the bonds called for redemption. The place of redemption may be determined by the City. Interest on the 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 xegistered 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 -14- 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 [$1.00) [$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 Pro}ect 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.] -15- 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 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 Mayor Authorized Representative JT. TEN. as joint tenants with right of survivorship and not as tenants in common UN1F. TRAN. MIN. ACT Custodian (Gust.) (Minor) under Uniform Transfer to Minors Act of (State) Additional abbreviations may also be used although not in the above list. -16- 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: Signatures} 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 by law. -17- 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 may be 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. The City may receive payment for the 2009 Bonds in installments. (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 -18- Authority and may approve any changes in form or substance to the attached Financial 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, as and to the extent paid for and delivered to the purchaser shall be the binding special revenue obligations of the City, payable out of the Net Revenues. The proper officers of the City are hereby directed to sell the 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 of any -19- Series equal to the amount described in Section 14(b) will be deposited to the Subaccount of the Debt Service Reserve Account for the 2009 Bonds of such Series 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. -20- 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 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 City may, upon the issuance of the 2009 Bonds of any Series, establish within the Debt Service Reserve Account a subaccount for the 2009 Bonds of such Series (each, a "subaccount"). The Debt Service Reserve Account (excluding any Subaccounts) shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the Bonds (as hereinafter defined) (excluding any 2009 Bonds of any Series for which a subaccount was established), and the moneys in the Debt Service Reserve Account (excluding any Subaccounts) shall be used to pay current principal and interest on the Bonds (excluding any 2009 Bonds of any Series for which a Subaccount was established) to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. The Subaccount of the Debt Service Reserve Account for the 2009 Bonds of any Series shall constitute the margin for safety and as protection against default in the payment of principal of and interest on the 2009 Bonds of such Series, and the moneys in such Subaccount shall be used to pay current principal and interest on the 2009 Bonds of such Series to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. (c) No amounts in the Subaccount of the Debt Service Reserve Account for the 2009 Bonds of any Series shall be available to pay any principal of or interest or redemption premium, if arty, on any Bonds, except the 2009 Bonds of such Series. (d) No amounts in the Debt Service Reserve Account shall be available to pay any principal of or interest or redemption premium, if any, on any 2009 Bonds of any Series for -21- which a Subaccount was established, except that any amounts in the Subaccount of the Debt Service Reserve Account for the 2009 Bonds of any Series shall be available to pay the principal of or interest or redemption premium, if any, on the 2009 Bonds of such Series. (e) 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. (f) In this Section 14, the term "Bonds" means the 2009 Bonds issued hereunder and all Parity Bonds. (g) In this Ordinance, the term "Reserve Requirement" for the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established) means the least of: (i) the maximum annual debt service on the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established), (ii) 125% of the average annual debt service on the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established), or (iii) 10% of the proceeds of the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established); provided, however, that the "Reserve Requirement" for the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established) which are sold to the Indiana Finance Authority through the SRF Program means the maximum annual debt service on the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established). In this Ordinance, the term "Reserve Requirement" for the 2009 Bonds of each Series for which a Subaccount was established means the least of: (i) the maximum annual debt service on the 2009 Bonds of such series, (ii) 125% of the average annual debt service on the 2009 Bonds of such Series, or (iii) 10% of the proceeds of the 2009 Bonds of such Series; provided, however, that the "Reserve Requirement" for the 2009 Bonds of any Series for which a Subaccount was established which are sold to the Indiana Finance Authority through the SRF Program means the maximum annual debt service on the 2009 Bonds of such Series. (h) Subject to Section 14(i) and Section 14(j) below, the City shall maintain in the Debt Service Reserve Account (excluding any Subaccounts) an amount equal to the Reserve Requirement for the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established). Subject to Section 14(i) and Section 14(j) below, the City shall maintain in the Subaccount of the Debt Service Reserve Account for the 2009 Bonds of each Series for which a Subaccount was established an amount equal to the Reserve Requirement for the 2009 Bonds of such Series. (i) To the extent that the amount in the Debt Service Reserve Account (excluding any Subaccounts) on the date of the issuance of the 2009 Bonds of any Series is less than the Reserve Requirement for the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established), that portion of the shortfall which exists as of the date of issuance of the 2009 Bonds of such Series 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 (excluding any Subaccounts) either (i) in a single payment, to be paid on the date of the issuance of the 2009 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2009 Bonds of such Series, with the -22- first installment due and payable on the date of the issuance of the 2009 Bonds of such Series, 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 of such Series are issued. To the extent that the amount in the Subaccount of the Debt Service Reserve Account for the 2009 Bonds of any Series on the date of the issuance of the 2009 Bonds of such Series is less than the Reserve Requirement for the 2009 Bonds of such Series, that portion of the shortfall which exists as of the date of issuance of the 2009 Bonds of such Series shall, at the election of the Executive and Fiscal Officer with the advice of the City's financial advisor, be deposited into such Subaccount either (i) in a single payment, to be paid on the date of the issuance of the 2009 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2009 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2009 Bonds of such Series, 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 of such Series are issued. (j) To the extent that additional Parity Bonds are issued subsequent to the issuance of the 2009 Bonds of any Series, 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. (k) Subject to Section 14(i) and Section 14(j) above, any deficiency in the balance maintained in the Debt Service Reserve Account (excluding any Subaccounts) or any Subaccounts shall be promptly made up from the next available Net Revenues after credits into the Bond and Interest Account, on a pro rata basis, calculated by reference to the amount of the deficiency in the Debt Service Revenue Account (excluding any Subaccounts) and each Subaccount. Any moneys in the Debt Service Reserve Account (excluding any Subaccount) in excess of the Reserve Requirement for the Bonds (excluding the 2009 Bonds of any Series for which a Subaccount was established), and any moneys in the Subaccount for the 2009 Bonds of any Series for which a Subaccount was established in excess of the Reserve Requirement for the 2009 Bonds of such Series, may be used for the prepayment of installments of principal, together with interest due thereon, on the then outstanding Bonds which are then callable ox 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. (1) As an alternative to holding cash funds in the Debt Service Reserve Account or any Subaccount, the City, with the advice of the Financial Advisor and Bond Counsel, may satisfy all or any part of its obligation to maintain any amount in the Debt Service Reserve Account or such Subaccount by depositing a Credit Facility (as defined in the next sentence) therein (which, for any 2009 Bonds of any Series for which a Subaccount was - 23 - established which are sold to the Indiana Finance Authority through the SRF Program, will require the written consent of the Indiana Finance Authority to the deposit of any such Credit Facility), 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. To the extent that any Bonds are insured, and the Credit Facility is not being provided by the insurer of such Bonds, such insurance policy shall be subject to the insurer's prior written consent. (m) In the event a draw is made against the Credit Facility in the Debt Service Reserve Account or any Subaccount, 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 funds that would have been set aside above to replenish the Debt Service Reserve Account or such Subaccount, respectively. 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 or such Subaccount, respectively, and then payments shall be made from the Debt Service Reserve Account or such Subaccount, respectively, to pay Credit Facility Costs. (n) If and to the extent cash has been deposited to the Debt Service Reserve Account or any Subaccount (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 therein, and repayment of any Credit Facility Costs shall be made prior to replenishment of any such cash amounts. (o) If, in addition to the Credit Facility in the Debt Service Reserve Account or any Subaccount, 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 therein and prior to replenishment of any such cash draws, respectively. (p) 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 of any Series 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 -24- the 2009 Bonds of such Series, 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 of such Series; or (iii) by funding the Reserve Requirement attributable to the 2009 Bonds of such Series in cash funds, either (i) in a single payment, to be paid on the date of the issuance of the 2009 Bonds of such Series, or (ii) in equal monthly installments, over a period not to exceed sixty (60) months after the date of issuance of the 2009 Bonds of such Series, with the first installment due and payable on the date of the issuance of the 2009 Bonds of such Series, 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 of such Series 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 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 -25- 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 Operation and Maintenance as defined in the Financial Assistance Agreement and other costs and expenses required thereunder), including maintenance costs, operating charges, 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: -26- (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. (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 tivaterworks. (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, (i) the City obtains the consent of the Authority, (ii) the City has faithfully performed and is in compliance with each of its obligations, agreements and covenants contained in the Financial Assistance Agreement and this Ordinance, and (iii) the City is in compliance with its waterworks permits, except for non- compliance for which purpose the additional Parity Bonds are issued, including refunding bonds issued prior to, but part of the overall plan to eliminate such non-compliance. 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 -27- the laws of the State of Indiana. As an alternative to maintaining such insurance, the City may 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. If the 2009 Bonds or BANs are sold to the Indiana Finance Authority, such insurance coverage shall be acceptable to the Authority. 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, but only with the written consent of the Indiana Finance Authority, if the 2009 Bonds or BANs are sold to the Indiana Finance Authority. (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, and if the 2009 Bonds or BANS are sold to the Indiana Finance Authority, the City shall not do so without the prior written consent of the Indiana Finance Authority; provided, the foregoing restrictions shall not apply to the extent approved otherwise in writing by the owners of all 2009 Bonds then outstanding, including the Indiana Finance Authority to the extent that the 2009 Bonds or BANS are sold to the Indiana Finance Authority, 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 lie 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 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, 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 -28- Authority through the SRF Program and remain outstanding, the City shall obtain the prior written consent of the Indiana Finance Authority 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 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. (h) All contracts let by the City in connection with the construction of the Project shall be let after due advertisement as required by the laws of the State of Indiana, and aII contractors shall be required to furnish surety bonds in an amount equal to 100% of the amount of such contracts, to insure the completion of said contracts in accordance with their terms, and such contractors shall also be required to carry such employers' liability and public liability insurance as are required under the laws of the State of Indiana in the case of public contracts, and shall be governed in all respects by the laws of the State of Indiana relating to public contracts. (j) The Project shall be constructed under plans and specifications approved by a competent engineer designated by the City. All estimates for work done or material furnished shall first be checked by the engineer and approved by the City. 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, the redemption premium, the Reserve Requirement therefor 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 priox to the pledge thereof created by this Ordinance, without the consent of the holders of all 2009 Bonds then outstanding; or -29- (d) A preference or priority of any 2009 Bond over any other 2009 Bond, without the consent of the holders of all 2009 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 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, except with regard to the 2009 Bonds owned by the Indiana Finance Authority, and in such case only with the consent of the Indiana Finance Authority, adopt such ordinances supplemental hereto (which supplemental ordinances shall thereafter form a part hereof): -30- (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; (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 hereof; or (g) To make any other change which, in the deternnation 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 ar 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 prof is 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 -31 - 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. 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 f nancing 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 in denominations of One Dollar ($1.00) if the BANs are sold to the Indiana Finance Authority, 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, maybe 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. The BANs shall be issued pursuant to IC 4-4-11 and IC 13-18-21 if sold to the Indiana Finance Authority. 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 to 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 -32- 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. The City may receive payment for the BANs in installments. 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 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. -33- 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 LC. §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 may be made or act performed or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are typically closed, with the same force .and effect as if done on the nominal date provided in this Ordinance, and no interest shall accrue for the period after such nominal date. SECTION 28. No Conflict. The Council hereby finds and determines that the adoption of this Ordinance and the issuance of the 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 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, axe 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 -34- 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, except as provided in Section 23 herein, without the prior written consent of the Credit Facility Issuer. The Credit Facility Issuer shall be provided with written notice of the resignation or removal of the Registrar and Paying Agent and the appointment of a successor thereto and of the issuance of additional indebtedness of the City's waterworks at such address as may be specified, from time to time, by the Credit Facility Issuer. SECTION 33. Payment on Bonds in the Event of Default. In the event available moneys are insufficient to pay debt service on the 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 34. Actions and Agreements. Each of the Executive, the Fiscal Officer and any other officer or employee of the City is hereby authorized and directed to execute any instruments or agreements or take any other actions necessary or desirable to effect the -35- 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. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this _ day of , 2009. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA Member of the Common Co ncil ~k~r~i~r~ ~f u~€~ /~~{rI ~~li?rte (,,o...,,.z..pA ~} ~~='~'1 ~~ ~~{~~ ~~"f eta ~+ ~~ .~?at~dl ~ s~ ~c~AC[~G' S' Z ~°~~ ` Fll~UC ~iEARIi~Ca 3 rd READ,NG NOT ARPROV~ hEEE~2RED R~.SSED - -36- ~1~~~ ~;3 JUN - 4 20x9 SQY~! VCt;EiD's CITY CLE~~, ~a• BEHD, [P!. 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 the intersection of Ireland Road and Ironwood Drive; and the design and installation of a pumping station at the Ireland Road Tank site. 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. $. Making any and all additional improvements related to the foregoing. Exhibit B FINANCIAL ASSISTANCE AGREEMENT (Attached) SBbS02 PFACCENDA 388474v5 STATE OF INDIANA DRINKING WATER REVOLVING LOAN PROGRAM FINANCIAL ASSISTANCE AGREEMENT made as of this day of 2009 by and between the Indiana Finance Authority (the "Finance Authority"), a body politic and corporate, not a state agency but an independent instrumentality ofthe State of Indiana (the "State") and the City of South Bend, Indiana (the "Participant"),apolitical subdivision as defined in I.C. 13-11-2-164, operating its water utility under I.C. 8-1.5, witnesseth: WHEREAS, the State's Drinking Water Revolving Loan Program (the "Drinking Water SRF Program") has been established in accordance with the federal Safe Drinking Water Act and any regulations promulgated thereunder, and pursuant to I.C. 13-18-21 (the "Drinking Water SRF Act"), which Drinking Water SRF Act also establishes the drinking water revolving loan fund (the "Drinking Water SRF Fund"); and WHEREAS, pursuant to the Drinking Water SRF Act, the State was authorized to fund the Drinking Water SRF Program with federal capitalization grants, together with required state matching funds therefor, and to operate the Drinking Water SRF Program, and prior to May 15, 2005 so funded and operated the Drinking Water SRF Program; and WHEREAS, the Indiana Bond Bank (the "Bond Bank") has had a longstanding commitment to finance water quality and drinking water projects for qualified entities by issuing its bonds, pursuant to I.C. 5-1.5, for the purpose of buying securities of such qualified entities and financed by the Drinking Water SRF Program, including the required state matching funds, and prior to May 15, 2005 so financed the Drinking Water SRF Program; and WHEREAS, pursuant to Public Law 235-2005, by operation of law and effective May 15, 2005, the Finance Authority has become the successor to the State in all matters related to the Drinking Water SRF Program (including use and acceptance of federal capitalization grants and required state matching funds and operation of the Drinking Water SRF Program) and to the Bond Bank. in all matters related to the financing of the Drinking Water SRF Program (including the Bond Bank's outstanding State Revolving Fund Program Bonds and securities of all qualified entities purchased with the proceeds of such bonds); and WHEREAS, the Participant is a duly existing political subdivision of the State, ]awfully empowered to undertake all transactions and execute all documents mentioned or contemplated herein; and WHEREAS, the Participant has previously entered into two Financial Assistance Agreements with the State in its capacity as predecessor to the Finance Authority in matters related to the Drinking Water and Wastewater SRF Programs, dated as of June 12, 2000 and December 30, 1998 (the "Prior Agreements"), to borrow money from the Drinking Water and Wastewater SRF Programs, respectively, to construct and acquire a separate project (as described and defined in the Prior Agreements); and WHEREAS, the Participant has determined to undertake a drinking water system project (as more fully described herein, the "Project") and to borrow money from the Drinking Water SRF Program to construct and acquire the Project; and WHEREAS, the Finance Authority and the Participant desire to set forth the terms of such financial assistance as hereinafter provided. NOW THEREFORE, in consideration of the mutual covenants herein set forth, the Finance Authority and the Participant agree as follows: ARTICLE I DEFINITIONS Section 1,01. Definitions. The following terms shall, for all purposes of this Agreement, have the following meaning: "A enc "shall mean the United States Environmental Protection Agency or its successor. "American Recovery and Reinvestment Act" shall mean the American Recovery and Reinvestment Act of 2009, and other laws, regulations and guidance supplemental thereto (including the Safe Drinking Water Act), as amended and supplemented from time to time. "Authorizing Instrument(s)" shall mean the separate trust indenture(s) of the Participant entered into with a corporate trustee or the detailed resolution(s) or ordinance(s) of the governing body of the Participant pursuant to which the Bonds are issued in accordance with State law. "Authorized Representative" shaII mean the Clerk-Treasurer of the Participant or such other officer, official, or representative of the Participant duly authorized to act for and on behalf of the Participant as provided for herein. "Bond" or "Bonds" shall mean the instrument(s) (including the 2009 Bonds and the 2009 BAN) which evidence(s) the Loan, as authorized by the Authorizing Instrument and containing the terms set forth in Section 2.02 of this Agreement. "Bond Fund" shall mean the separate and segregated fund or account established and created by the Participant pursuant to the Authorizing Instrument from which payment of the principal of and interest on the Bonds is required to be made by the Participant. "Business Day" shall mean any day other than a Saturday, Sunday or State legal holiday or any other day on which financial institutions in the State are authorized bylaw to close and to remain closed. 2 "Code" shall mean the Internal Revenue Code of 1986, as amended and supplemented from time to time, together with the regulations related thereto. "Commission" shall mean the Indiana Utility Regulatory Commission created under I.C. 8-1-1-2 or its successor. "Construction Fund" shall mean the separate and segregated fund or account established and created by the Participant pursuant to the Authorizing Instrument to receive proceeds of the Bonds and from which Eligible Costs of the Project maybe paid by the Participant. "Credit Instrument" means a letter of credit, surety bond, liquidity facility, insurance policy or comparable instrument furnished by a Credit Provider that is used by the Participant to meet all or a portion of any debt service reserve requirement securing the Bonds or any other bonds payable from the revenues of the Drinking Water System, which bonds are on a parity with the Bonds. "Credit Provider" means a bank, insurance company, financial institution or other entity providing a Credit Instrument. "Department" shall mean the Indiana Department of Environmental Management created under T.C. 13-13-1-1 or its successor. "Deposit Agreement" shall mean an agreement between the Participant and the Deposit Agreement Counterparts in such form as from time to time determined by the Finance Authority pursuant to which (a) the Participant's Bond Fund (including any reserve account established and created by the Participant pursuant to the Authorizing Instrument related thereto) shall be held by such Deposit Agreement Counterparts and available for payment of the Bonds and any other similar obligations of the Participant that are payable from the Bond Fund regardless whether they are on a parity basis, (b) such Deposit Agreement Counterparts serves as the paying agent for the Bonds and any other such similar obligations of the Participant that are payable from the Bond Fund, and (c) the Participant's Construction Fund maybe held by such Deposit Agreement Counterparts upon any Loan disbursement by the Finance Authority to it from time to time. "Deposit Agreement Counterparts" shall mean the financial institution that enters into a Deposit Agreement with the Participant, which financial institution shall be approved by the Finance Authority and may be replaced by the Finance Authority from time to time. "Director of Environmental Programs" shall mean the person designated by the Finance Authority as authorized to act as the Director of Environmental Programs (which designation includes such Director's assumption of the duties previously assigned to the Drinking Water SRF Progam Representative and the Drinking Water SRF Program Director) and where not limited, such person's designee. 3 "Disbursement Agent" shall mean the party disbursing the Loan to or for the benefit of the Participant, which shall be the Trustee unless amounts are held in the Construction Fund, in which case the Disbursement Agent shall thereafter be the Deposit Agreement Counterparty as the party disbursing amounts are held in the Construction Fund unless otherwise agreed by the Finance Authority. "Disbursement Request" shall mean a request for a disbursement of the Loan made by an Authorized Representative in such form as the Finance Authority may from time to time prescribe. "Drinking Water SRF Fund" shall mean the drinking water revolving loan fund as established by I.C. 13-18-21-2. "Drinking Water SRF Indenture" shall mean the Third Amended and Restated Drinking Water SRF Trust Indenture, dated as of April 1, 2007 between the Finance Authority (as successor by operation of law to the State in all matters related to the Drinking Water SRF Program) and the Trustee, as amended and supplemented from time to time. "Drinking Water System" shall mean all, or any part of, the system for the provision to the public of water for human consumption through pipes and other constructed conveyances that: (1) has at least fifteen (15) service connections; or (2) regularly serves at least twenty-five (25) individuals; and as further defined and described in I.C. 13-11-2-177.3 and SRF Policy Guidelines, as amended and supplemented from time to time. "Eligible Cost(s)" shall mean and include, whether incurred before or after the date of this Agreement, all costs which have been incurred and qualify for Financial Assistance, including engineering, financing and legal costs related thereto. "Equity Account" shall mean the Equity Grant Account, the Equity Earnings Account and any other Equity account, each as created and existing from time to time under the Drinking Water SRF Indenture and held as part of the Drinking Water SRF Fund. "Finance Authority" shall mean the Indiana Finance Authority, a body politic and corporate, not a state agency but an independent instrumentality ofthe State. "Finance Authority Bonds" shall mean (A) any Indiana Bond Bank State Revolving Fund Program Bonds issued as a part of the Drinking Water SRF Program within the meaning of the Drinking Water 5RF Indenture and (B) any Finance Authority State Revolving Fund Program Bonds or other similar obligations of the Finance Authority issued as a part of the Drinking Water SRF Program within the meaning of the Drinking Water SRF Indenture. 4 "Financial Assistance" shall mean the financial assistance authorized by the Safe Drinking Water Act, including the Loan. "Loan" shall mean the purchase of the Bonds by the Finance Authority to finance the planning, designing, constructing, renovating, improving and expanding of the Participant's Drinking Water System or refinance an existing debt obligation where such debt was incurred and building of such systems began after July 1, 1993, but does not mean the provision of other Financial Assistance. "Loan Forgiveness" shall mean the forgiveness and discharge of the 2009 BAN as provided by Section 2.02(e) herein to the extent permitted by the American Recovery and Reinvestment Act. "Loan Reduction Payment" shall mean in any circumstances where there is a balance (inclusive of Loan proceeds and any earnings) in the Construction Fund, any action causing such balance to be applied to a reduction in the maximum aggregate amount of the Loan outstanding other than pursuant to regularly scheduled principal payments or optional redemptions applicable to the Bonds. A Loan Reduction Payment shall not be applicable unless Loan amounts are held in the Construction Fund. "Non-Use Close-out Date" shall mean that date which is the earlier of (a) the first date as of which the full amount of the Loan has been disbursed on a cumulative basis (which shall also be deemed to have occurred when and if such amounts have been deposited in the Participant's Construction Fund) or (b) the date as of which the Participant binds itself that no further Loan disbursements will be made under this Agreement. "Non-Use Fee" shall mean a fee in an amount determined by the Finance Authority charged to compensate it for costs and expenses within the Drinking Water SRF Program. Such amount shall be the greater of (A) the product of the undrawn balance of the Loan on each applicable Non-Use Assessment Date multiplied by one percent (1 %) or (B) One Thousand Dollars ($1,000). Such fee shall apply and be payable under Section 5.09 herein with respect to each Non-Use Assessment Date until the Non-Use Close-out Date shall occur. ANon-Use Fee shall not be applicable if the full amount of the Loan has been disbursed and deposited in the Participant's Construction Fund by the Non-Use Assessment Date. "Non-Use Assessment Date" shall mean 1, 2011 and the first day of each sixth (6`h) calendar month thereafter unless and until the Non-Use Close-out Date occurs in advance of any such Non-Use Assessment Date. "Operation and Maintenance" shall mean the activities required to assure the continuing dependable and economic function of the Drinking Water System, including maintaining compliance with primary and secondary drinking water standards, as follows: (1) Operation shall mean the control and management of the united processes and equipment which make up the Drinking Water System, including financial and personnel management, records, reporting, laboratory control, process control, safety and ~ emergency operation planning and operating activities. (2) Maintenance shall mean the preservation of the functional integrity and efficiency of equipment and structures by implementing and maintaining systems of preventive and corrective maintenance, including replacements. "Plans and Snecifacations" shall mean the detailed written descriptions of the work to be done in undertaking and completing the Project, including the written descriptions of the work to be performed and the drawings, cross-sections, profiles and the like which show the location, dimensions and details of the work to be performed. "Preliminary Engineering Report" shall mean the information submitted by the Participant that is necessary for the Finance Authority (or if submitted to the Department prior to May 15, 2005, then the Department in its role as predecessor to the Finance Authority in certain matters related to the Drinking Water SRF Program) to determine the technical, economic and environmental adequacy of the proposed Project. "Project" shall mean the activities or tasks identified and described in Exhibit A to this Agreement, and incorporated herein, as amended or supplemented by the Participant and consented to by the Finance Authority, for which the Participant may expend the Loan. "Purchase Account" shall mean the account by that name created by the Drinking Water SRF Indenture and held as part of the Drinking Water SRF Fund. "Reamortization Methodology" shall mean a change in principal maturities of the Bonds by use of the following methodology caused by the Project being Substantially Complete with a portion of the Loan (including any amounts held in the Construction Fund) not being subject to disbursement to pay further Project costs, whether such is effected by means of a Loan Reduction Payment or a reduction in the maximum Loan amount available under this Agreement as determined by the Finance Authority: (1) as between the 2009 Bonds and the 2009 BAN, shall be reduced in the same proportion as would have had been applied to such Loan, had the Loan been first allocated under the SRF Policy Guidelines on the date of this Agreement in the aggregate amount finally drawn; and (2) the principal maturities of the 2009 Bonds shall be modified in such amounts and with such maturities as achieves as level annual debt service for such 2009 Bonds as practicable during each annual period (commencing in the first full bond year after application of this methodology and ending no later than the date of the final maturity of the 2009 Bonds as originally scheduled); provided that (a) this methodology is agreed to be consistent with the methodology prescribed in the Authorizing Instrument and as originally applied to the Bonds and (b) any principal payment on the 2009 Bonds due and payable prior to application of this methodology shall not be affected 6 by this methodology. "Safe Drinlcin~ Water Act" shall mean the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq. and other laws, regulations and guidance supplemental thereto (including the American Recovery and Reinvestment Act), as amended and supplemented from time to time. "Settlement Costs" shall mean any and all fees, costs, losses or expenses incurred (or estimated to be incurred) by the Finance Authority resulting or arising from a Loan Reduction Payment (including without limitation interest and earnings differentials when the Finance Authority seeks to lend such Loan Reduction Payment to another Drinking Water SRF Program borrower). In connection with the Loan made pursuant to this Agreement, there are agreed to be no Settlement Costs. "Settlement Fee" shall mean a fee payable by the Participant to the Finance Authority to compensate the Finance Authority for its Settlement Costs in circumstances where there has been a Loan Reduction Payment. "SRF Policy Guidelines" shall mean guidance of general applicability (as from time to time published, amended and supplemented by the Finance Authority) pertaining to participants utilizing financial assistance in connection with their projects funded in whole or in part through the Drinking Water SRF Program. "State" shall mean the State of Indiana. "2009 Recovery Grant" shall mean the federal capitalization grant, if any, made available to the Finance Authority pursuant to the American Recovery and Reinvestment Act by the Agency for use as part of the Drinking Water SRF Program, provided that such grant is available and designated by the Finance Authority as a source of funding for all or a portion of the Loan, whether such designation by the Finance Authority occurs when this Agreement is entered into or later. "Substantial Completion of Construction" shall mean the day on which the Finance Authority (or if designated by the Finance Authority, the Department) determines that all but minor components of the Project have been built, all equipment is operational and the Project is capable of functioning as designed. "Trustee" shall mean The Bank of New York Mellon Trust Company, N.A., Indianapolis, Indiana, in its capacity as trustee or its successor under the Drinking Water SRF Indenture. (End of Article I) 7 ARTICLE II PURPOSE OF BORROWING AND LOAN TERMS Section 2.01. Amount; Purpose. The Finance Authority agrees to Loan an amount not to exceed Million Thousand Dollars ($ ,000) in aggregate principal amount to the Participant as Financial Assistance to pay for the Eligible Costs, as hereinafter described, of the Project on, and subject to, the terms and conditions contained herein. The Loan shall be used only to pay the following Eligible Costs: (a) eligible planning services for the production of a Preliminary Engineering Report ("Planning"), (b) eligible design services for the production of Plans and Specifications ("Design") and (c) eligible construction costs, including financing and legal costs ("Construction"). The Loan shall be funded solely from unallocated and available proceeds of the 2009 Recovery Grant or from other sources (including its Purchase Account and Equity Accounts) that the Finance Authority may, in its sole discretion, designate. The Loan is evidenced by the Bonds executed and delivered by the Participant contemporaneously herewith, The Bonds shall be in fully registered form, with the Finance Authority registered as the registered owner. So long as the Finance Authority is the registered owner, the principal of and redemption premium, if any, and interest on the Bonds shall be paid to the Trustee by a wire transfer referenced as follows: The Bank of New York, ABA 021 000 018, For Credit to GLA: 111-565, For Final Credit: TAS #610026, Account Name: IN SRF QE Deposit, Attn: Amy L Oram. The Participant agrees to undertake and complete the Project and to receive and expend the Loan proceeds in accordance with this Agreement. Section 2,02. The Bonds. (a) Until paid, the Waterworks Revenue Bonds of 2009 ("2009 Bonds") will bear interest at the per annum rate of and One-Hundredths percent (_%). Such interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months, and be as provided in I.C. 13-18-21-10 and -l5. Interest, if any, on the 2009 Bonds will be payable on January 1 and July 1 of each year, commencing January 1, 2010. The 2009 Bonds will be in the aggregate principal amount of Million Thousand Dollars ($ ,000). Subject to Section 2.05 and 2.06 herein, the 2009 Bonds will mature on January 1 of each of the years set forth in, and at the principal amount set opposite each such month and year set forth in the schedule contained in the attached Exhibit B to this Agreement (which is hereby incorporated by reference); provided, however, notwithstanding the foregoing or the terms of the 2009 Bonds to the contrary, no maturity of 2009 Bonds shall extend beyond the date which is twenty (20) years after Substantial Completion of Construction. If the maturity date for any 2009 Bonds is beyond such date, unless otherwise agreed to, such 2009 Bonds, together with accrued and unpaid interest thereon, will be due and payable on such date. (b) Until paid, the Waterworks Bond Anticipation Note of 2009 ("2009 BAN") will bear interest at the per annum rate of zero percent (0%}. Such interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months, and be as provided in I.C. 13-18-21-10 and -1 S. Interest, if any, on the 2009 BAN will be payable on January 1 and July 1 of each year, commencing January 1, 2010. The 2009 BAN will be in the aggregate principal amount of Million Thousand Dollars ($ ,000). Subject to Section 2.05 and 2.06 herein, the 2009 BAN will mature on April 15, 2013. (c) The Bonds will be subject to redemption by the Participant as provided in the Authorizing Instrument. The Loan, and the Bonds evidencing it, will be subject to payment by the Participant as provided in this Agreement. (d) The form and other terms of the Bonds will be in conformity with the Authorizing Instrument. (e) The principal maturity of the 2009 BAN is subject to Loan Forgiveness (which evidences a portion of the Loan made hereunder) and shall be deemed forgiven and discharged on April 15, 2013 to the extent permitted by the American Recovery and Reinvestment Act, provided however that there is not then existing any default under this Agreement and the Participant has otherwise complied with the terms and conditions of this Agreement (including having timely made principal and interest payments on the remainder of the maturities of the 2009 Bonds). Section 2.03. Disbursement Conditions. Each of the following shall be a condition precedent to the disbursement of the Loan or any portion thereof (including from the Construction Fund): (a) (1) With respect to procurement of professional services related to the Project to be paid from Loan proceeds, the Participant shall have complied with applicable State iaw and SRF Policy Guidelines. (2) With respect to procurement of all other goods and services related to the Project to be paid from Loan proceeds, the Participant shall have complied with I.C. 36-1-12 and SRF Policy Guidelines. (b) No representation, warranty or covenant of the Participant contained in this Agreement or in any paper executed and delivered in connection with the transactions contemplated by this Agreement'shall be false or inaccurate in any material respect. (c) The Participant shall undertake and faithfully perform each of its obligations, agreements and covenants contained in this Agreement, the Authorizing Instrument and the Bonds. (d) There shall be available to the Finance Authority uncommitted funds in an amount sufficient to satisfy the Finance Authority's obligations hereunder from the proceeds of the 2009 Recovery Grant or from other sources (including its Purchase Account and Equity Accounts) that the Finance Authority may, in its sole discretion, designate; provided however, once Loan proceeds have been deposited in the Construction Fund, such condition shall be deemed satisf ed. (e) The Participant shall have undertaken all actions necessary to comply with and satisfy the conditions and requirements for a Loan secured with money made 9 available from the Drinking Water SRF Fund as set forth in federal and State statutes, rules and regulations, including I.C. 13-18-21, SRF Policy Guidelines, the Safe Drinking Water Act and 40 C.F.R. Part 35. (f) Prior to making any Loan disbursement to pay any Construction costs, the Project shall have been approved by the State's Historical Preservation Officer in a manner consistent with the policies and practices of the Drinking Water SRF Program (the "Historical Preservation Approval"). Notwithstanding any provision of this Agreement to the contrary, in the event a Historical Preservation Approval has not been given within four (4) months after the date of this Agreement, the Finance Authority may, in its sole discretion, (i) reduce the aggregate amount of the Loan to the amount then disbursed and outstanding under this Agreement and (ii) if any amounts are held in the Construction Fund; require a Loan Reduction Payment pursuant to Section 2.06 as if it were a date that was three (3) years after the dated date of the Bonds. Upon giving notice to the Participant of such action, no further Loan. disbursement (including from the Construction Fund) may be made under this Agreement unless consented to by the Finance Authority. (g) In the event the Bonds are payable from rates and charges of the Drinking Water System if requested by the Finance Authority, the Participant shall provide evidence satisfactory to the Finance Authority demonstrating that such rates and charges are at a level adequate to produce and maintain sufficient net revenue after providing for the proper Operation and Maintenance of the Drinking Water System, on a proforma basis consistent with SRF Policy Guidelines, to provide 1.25x coverage on all obligations of the Drinking Water System (including the Bonds). Section 2.04. Disbursement Procedures. Loan proceeds (including any held from time to time in the Construction Fund) shall be disbursed to the Participant by the Disbursement Agent for actual Eligible Costs incurred with respect to the Project. The Finance Authority may, in its discretion, cause Loan disbursements to be made (a) directly to the person or entity identified in the Disbursement Request to whom payment is due, or (b} if advised in writing by the Participant that T.C. 36-1-12-14 or a similar law applies to the Project, to the Participant for purposes of collecting retainage, or some combination thereof. Any Loan proceeds in excess of the amount subject to retainage controlled by the Participant will be immediately remitted to the person or entity to whom payment is due, no later than three (3) Business Days after receipt or the date such Loan proceeds are no longer subject to retainage. The Finance Authority may, in its discretion, cause Loan disbursements to be made from time to time, in whole or in part, to the Participant's Construction Fund for disbursement consistent with this Agreement. Loan disbursements shall not be made more frequently than monthly and shall only be made following the submission of a Disbursement Request to the Finance Authority. Disbursement Requests shall be approved by the Director of Environmental Programs prior to submission to the Disbursement Agent for a Loan disbursement. Disbursement Requests shall be numbered sequentially, beginning with the number 1. Section 2.05. Effect of Disbursements. Loan disbursements made to or for the benefit of the Participant shall be deemed to be a purchase, first, of the 2009 Bonds for any Loan 10 Disbursements made on the date hereof, second, of the 2009 BAN unless cost related to a disbursement has been designated as not eligible for funding from the 2009 Recovery Grant and, third, of the remainder of the 2009 Bonds in order of their maturities, provided that if the original maximum aggregate amount of the Loan is not disbursed (or not required to be disbursed pursuant to Section 2.06(a) or (b) herein), then the maturities of the Bonds (including as set forth in Exhibit B) shall be modified consistent with the Reamortization Methodology. The deposit of 'Loan proceeds in the Construction Fund shall be deemed to be a purchase of the Bonds. Interest on the Loan commences on disbursement of the Loan to or for the benefit of the Participant (including any amounts disbursed to the Construction Fund) by the Finance Authority and the Bands shall be deemed to be purchased in the full amount thereof. Each disbursement (including any amounts disbursed from the Construction Fund) shall be made pursuant to a Disbursement Request. In the event any Loan disbursement (including any amounts disbursed from the Construction Fund) shall be made in excess of Eligible Costs, such excess disbursements shall be immediately'paid bythe Participant to the Disbursement Agent (and if made from any amounts held in the Construction Fund, shall be immediately deposited by the Participant into such Construction Fund) and thereafter may, subject to the terms and conditions set forth in this Agreement, be applied thereafter to pay Eligible Costs of the Project by the Participant. Section 2.06. Ackno~vled~ment of Amount of Loan; Interim Contractual Commitment Requirements; Final Disbursement, (a) Within 30 days after any request by the Finance Authority from time to time, the Participant shall execute and deliver to the Finance Authority an acknowledgment in the form prescribed by the Finance Authority which acknowledges the outstanding principal of and interest on the Bonds. Unless the Finance Authority consents in writing, no Loan disbursement shall be made more than one year after Substantial Completion of Construction. After Substantial Completion of Construction, upon the request of the Finance Authority, the Participant shall replace, at its expense, the Bonds with substitutes issued pursuant to the Authorizing Instrument to evidence the outstanding principal under the Loan. (b) In the event that (i) Construction has not commenced by December 1, 2009 or (ii) the Participant has not entered into contracts related to Eligible Costs as of December I, 2009 which obligate the Participant to make payments that aggregate an amount at least equal to the maximum Loan amount hereunder ("Contractual Commitments"), then the Loan balance available pursuant to this Agreement shall be reduced as of December 1, 2009 to an aggregate amount equal to Contractual Commitments as of December I, 2009 (the "Reduced Loan Amount"). The Participant agrees to certify to the Finance Authority by no later than December 5, 2009 (i) the aggregate amount of the Contractual Commitments by December 1, 2009, (ii) that true and accurate copies of the contracts constituting such Contractual Commitments have been provided to the Finance Authority, (iii) whether Construction has commenced by December 1, 2009 and (iv) such additional information as required by SRF Policy Guidelines. The Finance Authority may in its discretion determine one or more Later dates to apply to the foregoing provisions of this Section 2.06(b) provided that such actions by such dates permits compliance with the American Recovery and Reinvestment Act without any deobligation of the 2009 Recovery Grant funds. 11 (c) In addition to Section 2.06(b}, in the event there remains a balance (inclusive of Loan proceeds and any earnings) in the Construction Fund on the date that is the earlier of (i) one year after Substantial Completion of Construction or (ii) three (3) years after the dated date of the Bonds (or in either such circumstance, such later date as the Finance Authority may approve in its discretion), the Participant agrees to make a Loan Reduction Payment, and to pay a Settlement Fee, to the Finance Authority within 10 days after any Finance Authority written demand. Any Loan Reduction Payment shall be applied and Bond maturities modified consistent with the Reamortization Methodology. If the Authorizing Instrument permits the Participant to apply Bond proceeds to pay interest accruing on or before Substantial Completion of Construction, the Participant may seek to reimburse itself for such interest costs it has paid pursuant to a Disbursement Request provided, unless otherwise approved by the Finance Authority, any such reimbursement shall be limited to the amount thereof that the Participant causes to be used to pay the Settlement Fee. If the Participant fails to make such Loan Reduction Payment or to pay a Settlement Fee by such date, the Finance Authority and Deposit Agreement Counterparty are authorized to cause any balance held in the Construction Fund to be so applied without further direction and authorization from the Participant. Notwithstanding the foregoing, if requested by the Finance Authority, in lieu of the Participant making a Loan Reduction Payment together with any Settlement Fee payment, the Finance Authority may in its discretion require the Participant to hold any remaining balance (inclusive of Loan proceeds and any earnings) in the Construction Fund until such amounts maybe applied on the first optional redemption date applicable to the Bonds, and upon any such request, the Participant agrees to cause such amounts to be so held and applied on such date. (End of Article lI) 12 ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE PARTICIPANT Section 3.01. Planning, Design and Construction Covenants. The Participant hereby covenants and agrees with the Finance Authority that the Participant will: (a) Provide information as requested by the Finance Authority to determine the need for, or to complete any necessary, environmental review or analysis. (b) Comply with the procurement procedures and affirmative action requirements contained in SRF Policy Guidelines in the Planning, Design and Construction of the Project to the extent that such are to be paid from Loan proceeds. (c) With respect to prime and first tier contract awards, report minority and women business enterprise utilization in the Planning, Design and Construction of the Project, to the extent that such are to be paid from Loan proceeds, by executing and delivering Agency Form SF 5700-52 to the Finance Authority whenever any agreements or subagreements are awarded. (These reports must be submitted on regular reporting cycles consistent with SRF Policy Guidelines commencing after such agreement or subagreement is awarded.) (d) Comply with all applicable federal, State and local statutes, rules and regulations relating to the acquisition and construction of the Drinking Water System. (e) In the event Construction is to be paid from Loan proceeds, prior to an award of any contract for Construction of the Project, obtain a construction permit from the Department and receive the written approval of the Finance Authority (or if approved by the Department prior to May 15, 2005, than the Department in its role as predecessor to the Finance Authority in certain matters related to the Drinking `JVater SRF Program} of the Preliminary Engineering Report. (f) Obtain the property rights necessary to construct the Drinking Water System and, in procuring any such rights comply with federal and State law. (g) In the event Construction is to be paid from Loan proceeds, comply_ with the federal Davis-Bacon Act, codified at 40 U.S.C. 276a-276a-5 unless separately waived by the Finance Authority. (h) In the event Construction is to be paid from Loan proceeds, execute and deliver to the Finance Authority Agency Form 4700-4 ("Pre-award Compliance Review Report for Wastewater Treatment Construction Grants") and Agency Form 5700-49 ("Certification Regarding the Debarment, Suspension, and Other Responsibility Matters"). 13 (i) In the event Construction is to be paid from Loan proceeds, follotiv guidance issued by the Finance Authority in procuring contracts for Construction, including (1) submission to the Finance Authority (or if submitted to the Department prior to May 15, 2005, then the Department in its role as predecessor to the Finance Authority in certain matters related to the Drinking Water SRF Program) of Project change orders, (2) obtaining approval from the Director of Environmental Programs of any Project change order which significantly changes the scope or Design of the Project or, when taking into account other change orders and contracts, are reasonably expected to result in expenditures in an amount greater than the Loan, (3) receiving approval from the Director of Environmental Programs prior to the award of any contract for Construction and (4) receiving authorization from the Director of Environmental Programs prior to initiating procurement of Construction of the Project. (j) In the event Construction is to be paid from Loan proceeds, before awarding Construction contracts, receive approval of the Director of Environmental Programs for the user charge system (including any use ordinance and interlocal agreement) associated with the Project. (k) In the event Construction is to be paid from Loan proceeds, cause the Project to be constructed in accordance with the Preliminary Engineering Report and the Plans and Specifications, using approved contract papers. (1) Permit the Finance Authority and its agents to inspect from time to time (1) the Project, (2) the Drinking Water System and (3) the books and other financial records of the Drinking Water System, including the inspections described in SRF Policy Guidelines. Construction contracts shall provide that the Finance Authority or its agents will have access to the Project and the work related thereto and that the Participant's contractor will provide proper facilities for such access and inspection. All files and records pertaining to the Project shall be retained by the Participant for at least six years after Substantial Completion of Construction. (m) Upon Substantial Completion of Construction and when requested by the Finance Authority, provide audited reports to the Finance Authority to permit the Finance Authority to determine that the Loan proceeds have been used in compliance with this Agreement. (n) In the event Construction is to be paid from Loan proceeds, within one year of Substantial Completion of Construction, consistent with SRF Policy Guidelines, certify to the Finance Authority that the Project meets performance standards, or if not met, (1) submit to the Finance Authority (or if directed by the Finance Authority, to the Department) a corrective action plan and (2) promptly and diligently undertake any corrective action necessary to bring the Project into compliance with such standards. (o) In the event Construction is to be paid from Loan proceeds, within one year of Substantial Completion of Construction, provide as-built plans for the Project to the Finance Authority (or if directed by the Finance Authority, to the Department). 14 Section 3.02. General Covenants. The Participant hereby covenants and agrees with the Finance Authority that the Participant will: (a) Comply with all applicable federal, State and local statutes, rules and regulations relating to Operation and Maintenance. (b) (])Own, operate and maintain the Project and the Drinking Water System for their useful life, or cause them to be operated and maintained for their useful life; (2) at all times maintain the Drinking Water System in good condition and operate it in an efficient manner and at a reasonable cost; .and (3) not sell, transfer, lease or otherwise encumber the Drinking Water System or any portion thereof or any interest therein without the prior written consent of the Finance Authority. (c) Obtain and maintain the property rights necessary to operate and maintain the Drinking Water System, and in procuring any such rights, comply with federal and State law. (d) Acquire and maintain insurance coverage acceptable to the Finance Authority, including fidelity bonds, to protect the Drinking Water System and its operations. All insurance shall be placed with responsible insurance companies qualified to do business under State law. Insurance proceeds and condemnation awards shall be used to replace or repair the Drinking Water System unless the Finance Authority consents to a different use of such proceeds or awards. (e) 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 Drinking Water System in accordance with (1) generally accepted governmental accounting principles, as promulgated by the Government Accounting Standards Board and (2) the rules, regulations and guidance of the State Board of Accounts. (f) Provide to the Finance Authority such periodic financial and environmental reports as it may request from time to time, including (1) annual operating and capital budgets and (2) such other information requested or required of the Finance Authority or the Participant by the Agency. (g) Provide notice to the Finance Authority under the circumstances contemplated, and undertake inspections as required, by SRF Policy Guidelines. (h) (1) Establish and maintain just and equitable rates and charges for the use of and the service rendered by the Drinking Water System, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses the Drinking Water System, or that in any way uses or is served by the Drinking Water System, (2) establish, adjust and maintain rates and charges at a level adequate to produce and maintain sufficient revenue (including user and other charges, fees, income or revenues available to the Participant) to provide for the proper Operation and 15 Maintenance of the Drinking Water System, to comply with and satisfy all covenants contained herein and to pay all obligations of the Drinking Water System and of the Participant with respect thereto, and (3) if and to the extent Bonds are payable from property taxes, levy each year a special ad valorem tax upon all property located in the boundaries of the Participant, to pay all obligations of the Participant with. respect thereto. (i) If the Bonds are payable from the revenues of the Drinking Water System, not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Drinking Water System without the prior written consent of the Finance Authority if such undertaking would involve, commit or use the revenues of the Drinking Water System; provided that the Participant may authorize and issue additional obligations, payable out of the revenues of its Drinking Water System, ranking on a parity with the Bonds for the purpose of financing the cost of future additions, extensions and improvements to the Drinking Water System, or to refund obligations of the Drinking Water System, subject to the conditions, if any, in the Authorizing Instrument. (j) Comply with the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000d et sec ., the Age Discrimination Act, as amended, Public Law 94-135, Section 504 of the Rehabilitation Act of 1973, as amended (including Executive Orders 11914 and 11250), 29 U.S.C. Section 794, Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, Executive Order 11246 regarding equal employment opportunity, and Executive Orders 11625 and 12138. (k) Undertake all actions necessary to investigate all potential, material claims which the Participant may have against other persons with respect to the Drinking Water System and the Project and take whatever action is necessary or appropriate to (1) recover on any actionable, material claims related to the Project or the Planning, Design or Construction thereof, (2) meet applicable Project performance standards and (3) otherwise operate the Drinking Water System in accordance with applicable federal, State and local law. (1) Not modify, alter, amend, add to or rescind any provision of the Authorizing Instrument without the prior written consent of the Finance Authority. (m) In the event the Participant adopts an ordinance or resolution to refund the Bonds, within 5 days of the adoption of the ordinance or resolution, provide written notice to the Finance Authority of the refunding. Any refunding of the Bonds shall only be undertaken by the Participant with the prior written consent of the Finance Authority. (n) In any year in which disbursements exceed $500,000 the Participant shall comply with the Single Audit Act (SAA} of 1984, as amended by the Single Audit Act. Amendments of 1996 (see Circular A-133) and have an audit of their use of Federal financial assistance. The Participant agrees to provide the Finance Authority with a copy of the SAA audit within 9 months of the audit period. 16 (o) Inform the Finance Authority of any findings and recommendations pertaining to the SRF program contained in an A-133 audit in which SRF Federal financial assistance was less than $500,000. (p) Initiate within 6 months of the audit period corrective actions for those audit reports with findings and recommendations that impact the SRF financial assistance. (q) Notwithstanding anything in the Authorizing Instrument related to the Bonds (or in any authorizing instrument related to any other outstanding bonds payable from the revenues of the Drinking Water System which are on a parity with the Bonds) to the contrary, in the event any Credit Provider that has provided a Credit Instrument fails to be rated on a long term basis at least "A-/A3" by Standard & Poor's Ratings Services, a Division of the McGraw-Hill Companies, and Moody's Investors Service, Inc., and their successors (such Credit Instrument, a "Disqualified Instrument"), within 12 months of such failure, the Participant shall cause cash (or a replacement Credit Instrument from a Credit Provider that is rated on a long term basis at least "AA-/Aa3" by Standard & Poor's Ratings Services, a Division of the McGraw-Hill Companies, and Moody's Investors Service, Inc., and their successors)(or some combination thereof) in an aggregate amount equal to the stated credit available under the Disqualified Instrument(s) to be deposited in the related reserve account(s) in lieu of such Disqualified Instrument(s). No Disqualified Instrument shall be included as part of the reserve balance which satisfies any such reserve requirement under any such authorizing instrument. Nothing in this subsection shall waive or modify additional requirements contained in any such authorizing instrument (including the Authorizing Instrument related to the Bonds); the provisions of this subsection and any such authorizing instrument (including the Authorizing Instrument related to the Bonds) shall both be required to be met. (r) Comply with all federal requirements applicable to the Loan when funded with the 2009 Recovery Grant (including those imposed by the American Recovery and Reinvestment Act and related SRF Policy Guidelines) which the Participant understands includes, among other, requirements that all of the iron, steel, and manufactured goods used in the Project be produced in the United States unless the Participant has requested, and the Finance Authority has obtained, a waiver from the Agency pertaining to the Project. Section 3.03. Representations and Warranties of the Participant. After due investigation and inquiry, the Participant hereby represents and warrants to the Finance Authority that:. (a) The Participant is duly organized and existing under state law, and constitutes a "political subdivision" within the meaning of I.C. 13-11-2-164 and a "participant" within the meaning of I.C. 13-11-2-151.1. The Project and the Drinking Water System are subject to I.C. 8-1.5. 17 (b) The Participant and its Drinking Water System are subject to the jurisdiction of the Commission under I.C. 8-1-2 or any other applicable law and the Project and the Bonds are subject to the Commission's review and approval requirements. If the Participant or its Drinking Water System is subject to the jurisdiction of the Commission under I.C. 8-1-2 or any other applicable law, the Commission has reviewed and approved the Project and the issuance of the Bonds and no additional approvals or consents are required to lie obtained from the Commission related thereto. (c) The Participant has full power and.authority to adopt the Authorizing Inst~ment, enter into this Agreement and issue the Bonds and perform its obligations hereunder and thereunder. (d) By all required action, the Participant has duly adopted the Authorizing Instrument and authorized the execution and delivery of this Agreement, the Bonds and all other papers delivered in connection herewith. (e) Neither the execution of, nor the consummation of the transaction contemplated by, this Agreement nor the compliance with the terms and conditions of any other paper referred to herein, shall conflict with, result in a breach of or constitute a default under, any indenture, mortgage, lease, agreement or instrument to which the Participant is a party or by which the Participant or its property, including the Drinking Water System, is bound or any law, regulation, order, writ, injunction or decree of any court or governmental agency or instrumentality having jurisdiction. (f) There is no litigation pending or, to the knowledge of the Participant, upon investigation, threatened that (1) challenges or questions the validity or binding effect of this Agreement, the Authorizing Instrument or the Bonds or the authority or ability of the Participant to execute and deliver this Agreement or the Bonds and perform its obligations hereunder or thereunder or (2) would, if adversely determined, have a significant adverse effect,on the ability of the Participant to meet its obligations under this Agreement, the Authorizing Instrument or the Bonds. (g) The Participant has not at any time failed to pay when due interest or principal on, and it is not now in default under, any warrant or other evidence of obligation or indebtedness of the Participant. (h) All information furnished by the Participant to the Finance Authority or any of the persons representing the Finance Authority in connection with the Loan or the Project is accurate and complete in all material respects including compliance with the obligations, requirements and undertakings imposed upon the Participant pursuant to this Agreement. (i) The Participant has taken or will take all proceedings required by law to enable it to issue and sell the Bonds as contemplated by this Agreement. (j) For any outstanding bonds payable from the revenues of the Drinking Water 18 which are on a parity with the Bonds, each Credit Provider, if any, that has provided a Credit Instrument is at least rated on a long term basis "A-/A3" long term by Standard & Poor's Ratings Services, a Division of the McGraw-Hill Companies and Moody's Investors Service, Inc., and their successors. Each of-the foregoing representations and warranties will be deemed to have been made by the Participant as of the date of this Agreement and as of the date of any disbursement of Loan proceeds (including from the Construction Fund). Each of the foregoing representations and warranties shall survive the Loan disbursements regardless of any investigation or investigations the Finance Authority may have undertaken. Section 3.04. Covenants Re~ardin~ Assignment. The Participant acknowledges that the Finance Authority may pledge, sell or assign the Bonds or cause the Bonds to be pledged, sold or assigned, and certain of its rights related thereto, as permitted pursuant to Section 5.02 herein. The Participant covenants and agrees to cooperate with and assist in, at its expense, any such assignment. Within 30 days following a request by the Finance Authority, the Participant covenants and agrees with the Finance Authority that the Participant will, at its expense, furnish any information, financial or otherwise, with respect to the Participant, this Agreement, the Authorizing Instrument and the Bonds and the Drinking Water System as the Finance Authority reasonably requests in writing to facilitate the sale or assignment of the Bonds. Section 3.05. Nature of Information. All information furnished by the Participant to the Finance Authority or any person representing the Finance Authority in connection with the Loan or the Project maybe furnished to any other person the Finance Authority, in its judgment, deems necessary or desirable in its operation and administration of the Drinking Water SRF Program. Section 3.06. Tax Covenants. The Participant hereby covenants that it will not take, or cause or permit to be taken by it or by any party under its control, or fail to take or cause to permit to be taken by it or by any party under its control, any action 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 l03 of the Code. The Participant further covenants that it will not do any act or thing that would cause the 2009 Bonds to be "private activity bonds" within the meaning of Section 141 of the Code or "arbitrage bonds" within the meaning of Section 148 of the Code. In furtherance and not in limitation of the foregoing, the Participant shah take all action necessary and appropriate to comply with the arbitrage rebate requirements under Section 148 of the Code to the extent applicable to the Participant or the 2009 Bonds, including accounting for and making provision for the payment of any and aII amounts that may be required to be paid to the United States of America from time to time pursuant to Section 148 of the Code. Section 3.07. Non-Discrimination Covenant. Pursuant to and with the force and effect set forth in I.C. 22-9-1-10, the Participant hereby covenants that the Participant, and its contractor and subcontractor for the Project, shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to the hire, tenure, terms, conditions or privileges of employment, or any matter directly or 19 indirectly related to employment, because of race, color, religion, sex, disability, national origin or ancestry. (End of Article III} 20 ARTICLE IV DEFAULTS Section 4.01. Remedies. The Finance Authority's obligation to make a disbursement under the Loan to the Participant hereunder may be terminated at the option of the Finance Authority, without giving any prior notice to the Participant, in the event: (a) the Participant fails to undertake or perform in a timely manner any of its agreements, covenants, terms or conditions set forth herein or in any paper entered into or delivered in connection herewith (including the Authorizing Instrument); or (b) any representation or warranty made by the Participant as set forth herein or in any paper entered into or delivered in connection herewith is materially false or misleading. Any such event shall constitute an event of default and in addition to any other .remedies at law or in equity, the Finance Authority may (x) require a Loan Reduction Payment pursuant to Section 2.06 as if it were a date that was three (3) years after the dated date of the Bonds, (y) in the event a Deposit Agreement has not previously been entered into related to the Participant's Bond Fund (including any related reserve), require the Participant to enter into a Deposit Agreement (or to modify any such previously entered Deposit Agreement) and the Participant shall enter into (or modify) such an agreement within 5 days after any such demand and (z) without giving any prior notice, declare the entire outstanding principal amount of the Loan, together with accrued interest thereon, immediately due and payable. Section 4.02. Effect of Default. Failure on the part of the Finance Authority in any instance or under any circumstance to observe or perform fully any obligation assumed by or imposed upon the Finance Authority by this Agreement or by law shall not make the Finance Authority liable in damages to the Participant or relieve the Participant from paying any Bond or fully performing any other obligation required of it under this Agreement or the Authorizing Instrument; provided, however, that the Participant may have and pursue any and all other remedies provided bylaw for compelling performance by the Finance Authority of such obligation assumed by or imposed upon the Finance Authority. The obligations of the Finance Authority hereunder do not create a debt or a liability of the Finance Authority or the State under the constitution of the State or a pledge of the faith or credit of the Finance Authority or the State and do~not directly, indirectly or contingently, obligate the Finance Authority or the State to levy any form of taxation for the payment thereof or to make any appropriation for their payment. Neither the Finance Authority or the State, nor any agent, attorney, member or employee of the Finance Authority or the State shall in any event be liable for damages, if any, for the nonperformance of any obligation or agreement of any kind whatsoever set forth in this Agreement. Section 4.03. Defaults under other Financial Assistance Agreements. The Participant and the Finance Authority agree that any event of default occurring under the Prior Agreements shall constitute an event of default under this Agreement. Similarly, the Participant and the Finance Authority agree that any event of default under this Agreement, or under any subsequent financial assistance agreement enter into between the Participant and the Finance Authority, shall constitute an event of default under the Prior Agreements and the subsequent financial assistance agreement, if any, as the case maybe. (End of Article IV) 21 ARTICLE V MISCELLANEOUS Section 5.01. Citations. Any reference to a part, provision, section or other reference description of a federal or State statute, rule or regulation contained herein shall include any amendments, replacements or supplements to such statutes, rules or regulation as may be made effective from time to time. Any reference to a Loan disbursement shall include any disbursement from the Construction Fund. Any use of the term "including" herein shall not be a limitation as to any provision herein contained but shall mean and include, without limitation, the specific matters so referenced. Section 5.02. Assignment. Neither this Agreement, nor the Loan or the proceeds thereof maybe assigned by the Participant without the prior written consent of the Finance Authority and any attempt at such an assignment without such consent shall be void. The Finance Authority may at its option sell or assign all or a portion of its rights and obligations under this Agreement, the Authorizing Instrument, and the Bonds to an agency of the State or to a separate body corporate and politic of the State or to a trustee under trust instrument to which the Finance Authority, the State or any assignee is a beneficiary or party. The Finance Authority may at its option pledge or assign all or a portion of its rights under this Agreement, the Authorizing Instrument, and the Bonds to any person. The Participant hereby consents to any such pledge or assignment by the Finance Authority. This Agreement shall be binding upon and inure to the benefit of any permitted secured party, successor and assign. Section 5.03. No Waiver. Neither the failure of the Finance Authority nor the delay of the Finance Authority to exercise any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other further exercise of any other right, power or privilege. Section 5.04. Modifications. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties hereto. The Participant understands that the Finance Authority, pursuant to Public Law 235-2005, by operation of law and effective May 15, 2005, has become the successor to the State and the Bond Bank, and agrees to such as if the Prior Agreements (and the Authorizing Instrument and the Bonds referenced in such Prior Agreements and all other collateral agreements and understandings thereto), were amended and restated contemporaneously herewith to such force and effect. Section S.OS. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and there are no promises, agreements, conditions, undertakings, warranties and representations, either written or oral, expressed or implied bet<~veen the parties hereto other than as herein set forth or as may be made in the Authorizing Instrument and the other papers delivered in connection herewith. In the event there is a conflict between the terms of this Agreement and the Authorizing Instrument, the terms of this Agreement shall control. It is expressly understood and agreed that except as otherwise provided herein this Agreement represents an integration of any and all prior and contemporaneous promises, agreements, conditions, undertakings, warranties and representations between the parties hereto. This 22 Agreement shall not be deemed to be a merger or integration of the existing terms under the Prior Agreements except as expressly set forth in Section 4.03 herein. Section 5.06. Execution of Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be executed by the Finance Authority and the Participant, and all of which shall be regarded for all purposes as one original and shall constitute one and the same instrument. Section 5.07. Severability of Invalid Provisions. If any one or more of the covenants or agreements provided in this Agreement on the part of the Finance Authority or the Participant to be performed shall be deemed by a court of competent jurisdiction to be contrary to law or cause the Bonds to be invalid as determined by a court of competent jurisdiction, then such covenant or covenants or agreement or agreements shall be deemed severable from the remaining covenants and agreements and waived and shall in no way affect the validity of the other provisions of this Agreement. Section 5.08. Notices. All notices hereunder shall be sufficiently given for all purposes hereunder if in writing and delivered personally or sent or transmitted to the appropriate destination as set forth below in the manner provided for herein. Notice to the Finance Authority shall be addressed to: Indiana Finance Authority SRF Programs 100 North Senate, Room 1275 Indianapolis, Indiana 46204 Attention: Director of Environmental Programs or at such other address(es) or number(s) and to the attention of such other person(s) as the Finance Authority may designate by notice to the Participant. Notices to the Participant shall be addressed to: City of South Bend City Hall City-County Building 227 W. 7efferson Boulevard South Bend, IN 46601-1830 Attention: Controller or at such other address(es) or number(s) and to the attention of such other person(s) as the Participant may designate by notice to the Finance Authority. Any notice hereunder shalt be deemed to have been served or given as of (a) the date such notice is personally delivered, (b) three (3) Business Days after it is mailed U.S, mail, First Class postage prepaid, (c) one (1) Business Day after it is sent on such terms by Federal Express or similar next-day courier, or (d) the same day as it is sent by facsimile transmission with telephonic confirmation of receipt by the person to whom it is sent. 23 Section 5.09. Expenses. The Participant covenants and agrees to pay (a) the fees, costs and expenses in connection with making the Loan, including issuing the Bonds and providing the necessary certificates, documents and opinions required to be delivered therewith; (b) the fees, costs and expenses in connection with making and administering the Loan; (c) the costs and expenses of complying with its covenants made herein; and (d) any and all costs and expenses, including attorneys' fees, incurred by the Finance Authority in connection with the enforcement of this Agreement, the Authorizing Instrument and the Bonds in the event of the breach by the Participant of or a default under this Agreement, the Authorizing Instrument or the Bonds. Notwithstanding clause (b) above, the Participant shall not be obligated to pay any of the fees, costs and expenses in connection with administering the Loan except as follows: (1) the Finance Authority may request and the Participant shall promptly pay (no later than the date first above written), a closing fee in connection with the Loan in an amount determined by the Finance Authority, but not exceeding $1,000, which may not be paid from a Loan disbursement; (2) the Finance Authority may request and the Participant shall promptly pay (no later than thirty (30) days after any request), an annual administrative fee in connection with the Loan in an amount determined by the Finance Authority, but not exceeding $1,000, which may not be paid from a Loan disbursement; (3) the Finance Authority may request and the Participant shall promptly pay (no later than ten (10) days after any request), any Settlement Fee; (4) the Finance Authority may request and the Participant shall promptly pay (no later than thirty (30) days after any request), aNon-Use Fee in connection with the Loan, which may not be paid from a Loan disbursement; (5) for so long as the Finance Authority is the registered owner of the Bonds, at the direction of the Finance Authority, the interest rate on the Bonds maybe adjusted to lower the interest rate on the Bonds, and the difference between the amount payable as the original rate on the Bonds and the lower rate shall be deemed an additional administrative fee in connection with the Drinking Water SRF Program; and (6) the Participant shall only be obligated to pay fees, costs and expenses of the Finance Authority's counsel and financial advisers in connection with making the Loan up to $10,000, which may be paid from a Loan disbursement. Section 5.10. Applicable Law. "This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana. Section 5.11. Term. This Agreement shall terminate at such time as the Participant has fully met and discharged all of its obligations hereunder, which term may extend beyond the final payment of the Bonds or provision for the payment of the Bonds pursuant to the Authorizing Instrument. Section 5.12. Non-Collusion. The undersigned attests, subject to the penalties of perjury, that he/she is an authorized officer or representative of the Participant, that he/she has not, nor has any other officer or representative of the Participant, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive pay, and that the undersigned has not received or paid any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of the agreement or is a payment to lawyers, accountants and engineers by the Participant related to customary services rendered in connection with the Loan. 24 Section 5.13. Federal Award Information. The Catalogue of Federal Domestic Assistance ("CFDA") Number for the Authority's Drinking Water SRF Program is 66.468 and the Federal Agency & Program Name is "US Environmental Protection Agency Capitalization Grant for Drinking Water State Revolving Funds." (End of Article V) [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK) 25 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers or officials, all as of the date first above written. CITY OF SOUTH BEND, INDIANA "Participant" By: Printed: Title: INDIANA FINANCE AUTHORITY "Finance Authority" By: James P. McGoff Director of Environmental Programs Attested by Finance Authority Staff: Attest: BY~ 26 EXHIBIT A The Project involves the following improvements: • [To be inserted directly from the description in the approved PER] The Project is more fully described in, and shall be in accordance with, the Preliminary Engineering Report and the Plans and Specifications approved by the Finance Authority (or if designated by the Finance Authority, the Department). A-1 EXHIBIT B Principal Payment Schedule for the 2009 Bonds Maturity Date Total Loan Principal Amount 1 / 1 /2009 1/1/2010 1/1/2011 1/1/2012 1/1/2013 1/1/2014 1/11201 S 1/1/2016 1/1/2017 1/1/2018 1/1/2019 1/1/2020 1/1/2021 1 /1 /2022 1/1!2023 1 / 112024 1/1/2025 1 /1 /2026 1 / 1 /2027 1/1/2028 Total 1399738 C5~',IIJo ~~-41 RESOLUTION NO. A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS . 4406 ASHARD DRIVE, SOUTH BEND, INDIANA TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FNE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, Cleland Builders, Inc., an Indiana limited liability partnership (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on May 20, 2009 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council"), requesting that the area commonly known as 4406 Ashard Drive, South Bend, Indiana, being more specifically Lot 77, Jade Crossing Section 1, (Instrument No. 0415098) and which has a parcel key number of 25-1013-020924, (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12-1 et seg•, and South Bend Municipal Code sections 2-76 et seq.; and WHEREAS, the Petitioner obtained building Permit No. 105481 on February 8, 2007 and began redevelopment of the Property as defined by Indiana Code section 6-1.1- 12.1-1 (5)) on February 26, 2007; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted Declaratory and Confirming Resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent compelling reasons and circumstances where a petitioner initiated such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances existed where the Petitioner obtained the above described building permit while under the jurisdiction of Confirming Resolution 3205-03. That Resolution expired on June 8, 2008, before the house could be sold. The new resolution to replace ex~ired resolution 3205-03 was adopted by the Common Council on September 8 2008. However, Lot 77 was not included in the new resolution since it was no longer vacant land, i.e. it had been improved and contained structures on the lot. As a result, the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1: The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following fmdings of fact in support of this resolution: A. The Petitioner's intention since the Jade Crossing residential development (the "Development") began construction in 2003 is to seek residential tax abatements for every single lot within the Development. B. The Petitioner has filed separate tax abatement petitions for each individual section of the Development as they have been subdivided and have renewed the same as appropriate C. The Common Council has adopted Resolutions 3205-03, 3353-04, 3518- 05 & 3902-08, which confirm the adoption of Declaratory Resolutions for 100 single family residential lots within the Development as residentially distressed for purposes of a (5) five year residential real property tax abatement for the Petitioner. The 100 lots included within these Confirming Resolutions to date have an approximate market value of over $13,417,000. D. Said Resolutions 3205-03, 3353-04, 3518-OS & 3902-08 were adopted on June 23, 2003, July 12, 2004, September 12, 2005 & September 8, 2008 and included Lots 1 through 60 and 62 through 101 within the Development. These lots completely surround the Property. E. Due to unexpected reverses and slowdowns in the both the local and national economies the Petitioner was unable to complete the sale of all lots including Lot # 77 in Section I of Jade Crossing prior to the expiration of the Residentially Distressed Area (RDA) designation confirmed under Resolution # 3205-03. F. Prior to the expiration of the RDA confirmed under Resolution # 3205-03 the Petitioner constructed a model house and sales office on Lot # 77 to promote and facilitate the sale of all lots in Section I. The construction of said house and sales office precluded the approval of a new tax abatement for Lot # 77 through the normal process set by the City of South Bend. G. The Petitioner is thoroughly and continually committed in investing within this 100 plus lot Development which was annexed into the City on March 31, 2003. In addition to this commitment by the Petitioner, the residents of the City of South Bend through the City Plan process identified that the City must encourage the development of more market rate housing and promote homeownership within the City. The continuing support of the residential tax abatement program for new single family home construction within the City both encourages and promotes the development of owner occupied houses within the City. 'The City Plan, the 20 year Comprehensive Plan was adopted by the Common Council on November 13, 2006. H. The Petitioner acknowledges and respects the long-standing policy of the Common Council to require that the economic revitalization Declaratory Resolution be adopted by the Common Council before a building permit is obtained and before redevelopment begins. I. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. J. Because of the unusual and advexse circumstances described herein, the Petitioner was unable to complete the sale of Lot # 77 according to schedule and it was unable to obtain a new tax abatement for the Lot following the City of South Bend's standard procedures. SECTION II: The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to the redevelopment of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III: The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION N: This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Co ~cil ~g~~:~t~ Qf its ~I ~~ o~~ty fa ~ravt~~ ~ ~~~~ ~~• fczr ~ -~ ~~aeir~g ~•ttl ~ en ~ti~ 1~u~, PRE~SEP~T~l~ ::. ~-~ J `~ F!C?7' AFPP.®~lFL~ 3~~GRTED ~~I~~ ~~ ~~~lsg~'~ ~~~~~~ ~4 AY 2 7 20.09 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4406 A5HARD DRIVE, IN JADE CROSSING - SECTI010T I AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CLELAI~TD BUILDERS, INC. WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 4406 ASHARD DRIVE, IN JADE CROSSING -SECTION I, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: JADE CROSSING -SECTION I LOT NUMBERED 77 AS SHOWN ON THE RECORDED PLAT OF JADE CROSSING, SECTION I, RECORDED APRIL 2, 2004 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS INSTRUMENT NO. 0415098. and this property which has Tax Key Number 25-1013-020924 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1- 12.1, et set,., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, I, The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et sea., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold anal not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the azea are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the azea are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fords the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. . B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; 2 C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of. Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6- l . l -12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner.is qualified for and is granted property tax deduction for a period of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. $l~iE[~'E~ C?i ~:,^ uatl Ev 6~Eit~ lk~ ~i:~VlvL G.il o+ppo~t~1~E~;~~' .9~~~ r~.~~'_.=~ 4t~~as~'r~ ar~d Lr~~~IR ~~ri:~~i ~~ ~Ey~ iY+4~ t o~ ~~~~FC~~rs~ :~,. ~ 3 ~EQT. tiF~f~°~i~~ t~DOPT%U Member of the Comm n _ Ee ci~~ ~[~t`i~'~ ~~`~~~~ MAY 2 7 2009 ddHN V9Q~Dc Cli~f GLE~K, 5(7. EG~!Q, !~. 1200 COUrrrY-Cln BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9371 Fax 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY ~L ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY May 22, 2009 EXECUTIVE DIRECTOR Council Member Timothy A. Rouse, Chairperson Community & Economic Development Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: CLELAND BUILDIERS, INC. (Jade Crossing -Section I, Lot # 77) Dear Council Member Rouse: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by Cleland Builders, Incorporated. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. Please note that the Petitioner, Cleland Builders, has already constructed a house on Lot # 77. The house was used as a model home and sales office by the Petitioner. The Petitioner is applying for a waiver of the building permit precondition and a tax abatement for Lot # 77. The report contains the Department's findings relative to the above petition. The house cost $137,000. The lot is one of the last remaining parcels in Section I of the development. The lot was included in a prior tax abatement; however, the term for that abatement expired on June 8, 2008. Because the house on Lot # 77 was being used as a model home and sales office it prevented the sale of the property to a private buyer prior to expiration of the abatement. Last year the Petitioner reapplied for tax abatements on this lot along with 10 others remaining in Section I. This one was deleted from the list because a building permit already had been issued for it. If the building permit was not issued and the house was not constructed, the project would have met the qualifications for afive-year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, June 8, 2009. Should you or any of the other Council members have any questions concerning the report, or need additional information; please feel free to call me at 235-5835. Sincerely, Bob Mathia Assistant Director, Economic Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL RC PROGRAM PAMELA C. MEYER DONALD E. INKS M~+NAGEM~T 574/235-9660 574/235-9371 ELIZABETH LEONARD FAx: 574/235-9697 574/235-9371 Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks Charles Bulot (cover letter and report only) 1200 C.oUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 5741235-9371 FAX 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY BL ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: CLELAND BUILDIERS, INC. (Jade Crossing -Section I, Lot # 77) DATE: May 22, 2009 On May 20, 2009, a petition for residential tax abatement consideration for real property located on Jade Crossing -Section I, Lot # 77 was filed with the City Clerk by Cleland Builders, Incorporated. Please Note: The petition includes a request for a waver for Lot # 77 which already has received a building permit and a home is completed on it. Pursuant to Chapter 2, Article 6, Section 2-77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development (CED) for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6-1.1-12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION Background Information: On June 23, 2003, Cleland Builders, Inc. received a residential tax abatement for homes they were to build in Section I of Jade Crossing (Resolution #3205-03). The Residentially Distressed Area (RDA) designation for Section I expired on June 8, 2008. When the RDA expired 11 lots out of 32 remained available for sale. On July 25, 2008, Cleland submitted a petition for another 5-year tax abatement for the remaining 11 lots. A review of the petition by the Building Commissioner revealed that one of the 11 lots (Lot # 77) already had a building permit issued and a home constructed on it. Because the building permit had been issued for that lot it was deleted from the list of 11 lots and the petition was approved by the COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL HC PROGRAM PAMELA C. MEYER DONALD E. INKS MANAGEMENT 574/235-9660 574/235-9371 EuuEE'na LEONARD FAx: 574/235-9697 574!235-9371 South Bend Common Council RE: Cleland Builders, Inc. (Jade Crossing -Section I, Lot # 77) May 22, 2009 Page 2 Common Council on September 8, 2008 (Resolution #3902-08). Lang Feeney & Associates Feeney, agent for Cleland, agreed to the deletion. Afterwards, Lang Feeney informed the CED Department that the house on Lot # 77 was used as a model home and sales office by Cleland Builders which prevented it from being sold and the new owner applying for an abatement during the term of the first RDA designation. The petitioner is now requesting a tax abatement for the property identified as Lot # 77 and is also requesting a waiver of the building permit precondition. The Building Department has also informed the CED Department that a final inspection of the house on Lot # 77 was completed in January, 2008. Several deficiencies were noted in that inspection and, therefore, a Certificate of Occupancy was withheld pending resolution of the issues. To date, the petitioner has not contacted the Building Department to re-inspect the house and issue the Certificate of Occupancy. The Building Department has requested that if the petition for tax abatement is considered by the Common Council its approval is made conditional on the deficiencies being corrected and a Certificate of Occupancy issued for the dwelling. The house on the property is constructed for single family use and contains 1604 square feet, four bedrooms, two and one-half bathrooms, a family room and a dining room. It has an attached 2-stall garage and a basement. The cost of the home is $137,000. Total taxes to be abated during the (5) five- year abatement period are estimated at $6,622. Total taxes to be paid during the (5) five-year abatement period are estimated at $1,940. The Petitioner has informed us that they currently have an offer on the house and it is contingent on the tax abatement being given. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds or been granted the following previous tax abatements. Term/Type Resolution No. 5-year real property 3205-03 5-year real property 3353-04 5-year real property 3518-OS 5-year real property 3902-08 that the petitioner has been associated with Date June 23, 2003 July 12, 2004 September 12, 2005 September 8, 2008 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. However, as noted above, the Commissioner found that Lot # 77 already has a building permit issued for it and a house constructed on it. South Bend Common Council RE: Cleland Builders, Inc. (Jade Crossing -Section I, Lot # 77) May 22, 2009 Page 3 3. A review of the South Bend Redevelopment designation areas finds that the property is not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394-03 found that if the building permit had not been issued, the petition would have met the qualifications fora (5) five-year residential tax abatement under Section 2-77.1, Single Family Residential Construction. In considering the Petitioner's request the Common Council may want to take into account the Building Department's request as noted above. To do this and at the same time keep the review process moving forward the Council could approve the waiver request and the Declaratory Resolution but withhold approval of the Confirming Resolution pending the submission of evidence by the Petitioner that all deficiencies have been corrected and a Certificate of Occupancy issued by the Building Department for the dwelling. 5 YEAR 22-May-09 CLELAND BUILDERS, INC. South Bend German Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (% AV of cost) 85.0% LAND Value 10 000_ Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value 137:000.00 Total Taxes Tax Abated** Tax Paid*** 127, 000.00 127,000.00 127, 000.00 10,000.00 N/A N/A 137 , 000.00 127 , 000.00 12 7 , 000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (31,150.00) (31,150.00) (31,150.00) 57,850.00 47,850.00 47,850.00 Less Maximum Abatement Deduction Less Non-Abated Amount Plus Land Assessed Value Net Assessed Value Prooerty Taxes: Assume constant tax rate of NIA N/A (47,850.00) N/A 0.00 N/A N/A N/A 10,000.00 57,850.00 47,850.00 10,000.00 4.3404% 4.3404% 4.3404% Gross Tax (tax rate x net assessed value) 2,510.92 2,076.88 434.04 Less State & County Homestead Credit: 0.4611 % (266.75) (220.64) (46.11) Tax Due Before Circuit Breaker 2,244.18 1,856.25 387.93 Less Circuit Breaker Credit (531.76) (531.76) 0.00 Net Tax 1,712.41 1,324.48 387.93 Circuit Breaker Cap Circuit Breaker 1.0000% 1,370.00 1,270.00 1,370.00 Debt Service 0.5919% 342.41 283.22 59.19 Circuit Braker Cap 1,712.41 1,553.22 1,429.19 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 57,850.00 1,712.41 1,324.48 387.93 2 57,850.00 1,712.41 1,324.48 387.93 3 57,850.00 1,712.41 1,324.48 387.93 4 57,850.00 1,712.41 1,324.48 387.93 5 57,850.00 1,712.41 1,324.48 387.93 5yeartotals: 8,562.07 6,622.42 1,939.65 'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. **Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. **"Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE Cleland Builders, Inc. Lot # 77 LAND* BUILDING"' TOTAL Year1 $74 $314 $388 Year 2 74 314 388 Year3 74 314 388 Year4 74 314 388 Years 74 314 388 Total $370 $1,570 $1,940 ''Current tax levy for the vacant lot '`'`Additional tax revenue from new investment. 715 S. Michigan St. -South Bend, In. 46601 Ph. (574) 233-1841 Fax (574) 674-0374 Memorandum ~cc~-u~u SAY 12 ~1~D9 To: Mr. Bob Mathia -Economic Development CC: Mr. Lance Cleland From: J. Bernard Feeney Date: 5/12/2009 Re: Tax Abatement Petition Bob, Attached is the paperwork for the tax abatement petition on Lot 77 in Jade Crossing. As you may recall, this is the one lot in Section One of the subdivision which could not be renewed earlier this year because the property had a residence constructed on it. Following the recommended style for a petition of this kind, we have assembled the appropriate documents. If there are any questions, comments or concerns, please call our office at your earliest convenience. Sincerely, J. Bernard Feeney ~~$~~~ tt~a `n C`~~~ ~ MPS 2 ~ ~G~~l `1GC~'9~1Q~ti~' G~~`~ --~-'" 1 Page 1 of Robert Mathia -Tax Abatement for #77 Jade Crossing From: "Linda" To: Date: 5/19/2009 10:04 AM Subject: Tax Abatement for #77 Jade Crossing Dear Mr. Mathia, The above mentioned home is the one that Bernie Feeney contacted you about back in October of 2008. This home was our model home and when the tax abatement was renewed for the remainder of the lots in Section I that were not sold, this one was not included. We have completed the paperwork that Lang Feeney provided and they have told us that it has been dropped off along with the check. I was wondering if you could give me a timeframe as to when we might know if we are going to be able to obtain the tax abatement for this lot because we currently have an offer on the house and it is contingent upon the tax abatement being given for this house. Linda M. Leblang Controller Cleland Builders, Inc. 1101 Lincolnway West Mishawaka, IN 46544. TX: 574-252-2427 FX: 574-255-6309 I am using the Free version of SPAMfighter. We are a community of 6 million users fighting Spam. SPAMfighter has removed 6777 of my spam emails to date. The Professional version does not have this message. file:/1C:\Documents and Settings\RIVIATHIA\Local Settings\Temp\XPgrpwise\4A12843BSOUTHBENDDO... 5/20/200 STATEMENT OF BENEFITS State Form 27167 (R7 / 12-01) ~ ~ Prescribed by the Department of Local Government Finance INSTRUCTIONS: FORM SB-1 i. This statement must be submitted to the body designating the economic revitalization area prior to the public hearing if the designating body requires infor- mation from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statemenf must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and / or research and development equipment, or BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"planned or committed to after July 1, 7987 and areas designated aRerJuly 1, 1987 require a STATEMENT OF BENEFITS. (IC 6-1.1-12. i) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, or prior to installation of the new manufacturing equipment and ! or research and development equipment, BEFOREa deduction maybe approved. 3. To obtain a deduction, Form 322 ERA, Real Estate Improvements and I or Form 322 ERA /PPME and 1 or 322 ERA / PPR & DE, must be filed with the county auditor. With respect to real property, Form 322 ERA must be filed by the later of.• (1) May 10; or~2) thirty (30) days after a notice of increase in real property assessment is received from the township assessor. Form 322 ERA /PPME and l or 322 ERA ~R & DE must be filed between March 1 and May 15 of the assessment year in which new manufacturing equipment and l or research and development equipment becomes assessable, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between March 1 and the extended due date of that year. 4. Properly owners whose Statement of Benefits was approved after June 30, 1991 musf submit Form CF- 1 annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5.6) 5. The schedules established under IC 6-1.1-12.1-4(d) and IC 6-1.f-12.1-4.5 (e) effective July f, 2000 apply to any statement of benefrts filed on or after July Y, 2000. The schedules effective prior to July i, 2000 shall continue to apply to those statement of benefits filed before July 1, 2000. •- • Name of taxpayer Cleland Builders, Inc. Address of taxpayer (street and number, city, state and ZIP code) 7.11.7 Lincolnway West Mishawaka, IN 46545• Name of contact person Telephone number Lance Cleland, President ( ) Name of designating body Resolution number City of South Bend Common Council !_ocalion otproperty SOUth Side Of Br1Ck Road, 1/2 County Taxing district mile E s t of M l e S J Description of real property improvements and / or new manufacturing equipment and / or ESTIMATED research and development equipment (use additional sheets ilnecessary) Stara Date. Completion Date Construction of 7. single family house on Lot Real Estate 77 Jade Crossin Section One , g New Mfg Equipment R & DE N/A Current number Salaries Number retained Salaries Number additional Salaries -0- NA NA NA NA NA -. •. •-. NOTE: Pursuant to IC 6-1.1-12.1-5.1 (d) (2) the Real Estate Improvements Machlnety Research and Development Equipment COST of the property is confidential. Cost Assessed Value Cost Assessed Value Cost Assessed Value Current values 23 000 Plus estimated values of proposed project Less values of any property being replaced N A Net estimated values upon completion of project - ,~ ~t~ Estimated solid waste converted (pounds) Estimated haz rdo~ `v'1v~s~ e ~ unds) Other benefits: r~ O 2~~g ~ !~a L a , ttQ,lN. G1NV S~' ~~ . y h , . C~ G`~,;, ~ ~ hereb certify that the re resentations in this statement are true. Signature o authorized representative Title President, Date signed (month, day, year) Cleland .Builders , ~ _ ~ p ~ U Inc. We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under !C 6-1.1-12.1-2.5, pro- vides for the following limitations as authorized under IC 6-1.1-12.1-2. A. The designated area has been limited to a period of time not to exceed ___________ calendar years ' (see below). The date this designation expires is ____~____~_____-_-__~__ B .The type of deduction that is allowed in the designated area is limned to: 1, Redevelopment or rehabilitation of real estate improvements; ^ Yes ^ N o 2, Installation of new manufacturing equipment; ^ Yes ^ No 3. Installation of new research and development equipment; ^ Yes ^ No 4, Residentially distressed areas ^ Yes ^ N o C .The amount of deduction applicable for redevelopment or rehabilitation is limited to $ ______~_~~___ cost with an assessed value of $ ___y____________. D .The amount of deduction applicable to new manufacturing equipment is limited to $ ______________ cost with an assessed value of $ __~___~~ E.The amount of deduction applicable to new research and development equipment is limited to $ ~~_...__~_~__ cost with an assessed value of $ _~____.____.__~____• F. Other limitations or conditions (specify)_ ______~________ ~___ _.~- Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reason- able and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved: (signature ant/ riUa of authorized member) Telephone number Date signed (month, day, year) Attested by: Designated body ' if the designating bau'y limits lha lima peg od during :rich 2n area is an economic revitilization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6-1.1-12.1 or 4.5 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I_C1 6-1.1-12.1-I, et-seq., and South Bend Municipal Code Sec. 2-76 et se .for this petition states the following: Describe the proposed construction project, including information about square footage, number of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions); Tax Abatement is requested for this property under unusual circumstances. A model home was built on Lot 77 in Jade Crossing b_y Cleland Builders The original abatement for this project expired while under the jurisdiction of confirming Resolution 3205-03 That Resolution expired on June ~ 2008 before the house could be sold The new resolution to replace erred resolution 3205-03 was confirmed on September ~'~' 2008 However Lot 77 was not included in the new resolution due to rules in effect by the City of South Bend and since it had been improved and contained structures on the lot. 2. Estimate the dollar value of the construction project (do not include land cost): $137,000.00 The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Cleland Builders Inc 1117 Lincolnway West Mishawaka IN 46545 Owner 4. The commonly known address of the Property is: 4406 Ashard Drive South Bend, IN 46628_ and having tax key no.: 25-1013-020924 (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit `A', and is incorporated herein. 6. A map and/or plat indicating the location of the Property(s) is attached hereto, marked Exhibit `B', and is incorporated herein. 7. The current assessed valuation of the property before construction is $1,800.00 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office 235-9523) 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit `C', and incorporated herein. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2007 - $72.00 _ 2008 - $74.00 (This information maybe obtained from the St. Joseph County Treasurers office 235-9531) 10. What is your best estimate of the after completion market value of the property: $160,000.00 11. A building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 1 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized tlu-ough the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements. 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a nornlal development of the property: If this abatement is not approved there will be virtually no chance of selling this house since all homes in this subdivision have tax abatement except this one lot 14. The current use of the property is Single Family Residential and the current zoning is Residential (use) and A (height and area). (This information maybe obtained from the Building Department 235-9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelso~ ent Commission (requiring approval of the tax abatement by the Redevelopment Commission): /~~ 16. The following person should be contacted as the petitioners agent regarding additional information and public hearing notifications: Name J Bernard Feeney Lang Feeney & Associates Inc. Address 715 South Michigan Street City, State, Zip South Bend Indiana 46601 Telephone 574-233-1841 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met, and confirm such resolution. Name of Property Owner(s) Cleland Builders. Inc. By: (Signature) Lance Cleland, President (Typed or printed name and capacity) EXI-OBIT `A' LEGAL DESCRIPTION Lot Numbered 77 as shown on the recorded Plat of Jade Crossing, Section 1, recorded April 2, 2004 in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0415098 G %"' y ~~~~M l~~ ~j't~ I MAC 2 ~ 20a9 CST{ ~t.~~ .;,~.-~^-~-~"..~ _.~ _ . _.u:,.:; _.... :..::r. _........ .:. -. _.. EXfiIBIT... Bn. :_ ,:._:~ :_~ . ti `04~.Sf~98 t JADE CROSSING - RECOROE° °" ~Aa,~-. ,04/0Z/2004 ,03:20:45PM ':- SECTION 1 -_ STRRSOSEPNECOUN7Y ' PART DF THE NORTHWEST QUARTER OF SECTION ZI, TOWNSHIP 38 NORTH, RANGE ~ RECORDER ': 2 EAST, CITY OF SOUTH BEND, GERMAN TOWNSHIP, Si. 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"101-67 ,- _, I I- : ~ -,~=- :-- - Map of 4298 Ashard Dr, South Bend, IN 46628-6159 ~i~ap of 4298 A~hard Dr, South Bend, IN 46628- '~.~~.~~~~ LOCAL n..: 6159 Adams kd z T m - --- 8ixk.Rd- - - -jai - !~ _ iiltj ~ r, ~~",+~\~~ Acacia PI \ _ __ --- __~`-~----_ ___ ~ ,a ~ E Sandy r -~ Hil; l_n ~~ 7P Haliow Ln ~ayCt Sandyb o r66~ ~ Silver ~i y Springs Dr u t ~~-Autert Rd-- -_O- ~', ,,i , m ~ a ~ ''•' ~ ~~ -- -- -- ' Bri`k Rd F,e'"rd Cate Dr ~. Dr ~ ~ _ o~. - _ ~1 ~ ~' ' . ~, gj ~` o 1;~ ~~~ ` • \\ ti ~,',ppP ~` U ``~~~`` O ~~'~ i / ~ -- -' _ti/' Otd Gc~vetand~Rd=--~ -- t f ~ 'ice . ... _..-..Y _.._, ....~ . z ~ t~Godrrhan - ~ Sugar_ ,'~~ Gdit/v,b -South Bend ~ ~ _ ( Maple Ln . Bob' ;1~ 1000 m AegianalAirpcn ° ,. Cc _ ; '•'~ _ ~ _ ~ r1 tAml __ ..r~ CYa. r1~Q$UataolJAVTEQ20~51 Page 1 of When using any driving directions or map, it's a good idea to do a reality check and make sure the road still exists, watch out for construction, and follow all traffic safety precautions. 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S ~ 3 ' r -:;: _~ €•~ _ ___ SUILDIN6 DATA HABITABLE SPALE (N.S.) - (A4FA S.F.) 1ST FLL~ 819.0 2ND FLL>;R 185.0 TOTAL 1604.0 1101 i_I•Jz:uLi~?i'•~"f~'( ti`..:: f ib7i~iiAWAftA, Ifll r4i,3~?zt ~~7~~ ~~a--a Y~~ DRAWING INDEX SH• LftAYV I NG TITLE CRAWFI ~ GS CO.~H25HEET ASM A-1 FIRST FL0.'R PLAN ASM A-2 SEI.OND FlLt~z PIAH ASM A-9 FOUNIXATION PLAN ASM A-4 PGL'F PLAN A~"I A-5 5TANDM~ ELEVATIONS A5M `- IV i (. ~ ~~ LEGEND OP PLAN SPEGIFIG OPTIONS/FEATURES PORG+-I R.4{LINGS, SPL~G~SftVER MIGROW?.VE IPO RANGE HOOD ~.~ 270! 5 ~ ~ r3a~~'Z S I%~/~ ~/yam Sf= ~l (o ~~ S n-i ~OUND~TI01~! Pl...~e1~1 ~- 7 ~ -~<< ~ ~'i'oS5/~ .~ `T .'t'" ~i'•"wy.. _.63~:.r'--,e...~...'~T:^.,np-,~ ",i~'+t~r:-.+~s!a.,°~1~.r~°'~a:,~ - i ' < ._ .,_8..1.0 s'-r 1s'-1a' KITCHEN WINDOW LCX.ATION PER KITCHEN LAYOUT DrZNNING ~ '' S~LI~ 2830 I o o I Q Z a 0 rasa I g S 4 ~ I ~- <--JOISTS--> f0 O J ~-$- ~ DINING ROGM N ? N C \ \ ~ I ~ I KIT HEN ~ O~ ! fj FLUSH BPl~~ ABODE I ~ t--JOISTS--> CD 12'-3" 6'-7 1/ " 3'-3" I 7" n !; n 5 --_= fi o owo==== - . N ~ '--__ .~ 11'-61/2" \ Z 13'-7" I ~> M ~ = 9 15'-0" 6'-0" 3'-B' N ~ ~ V DRYCrL YN6VISL N I I OPT NAL j FAMILY ROOh~f n to I ----- •--JOISTS--> [V ~~ I ~ I ° - I o I ,`r FLUSN BECM ~ j / I I - - I GO~~D P~~------~--- 21'-8 1/2'• GARDd~ 484.0 -o v 16'-0 " X 7'- O.N. DOOR :~ GANTILEVEi2 NOTE ~ -NJ BLO~.KING CONTINUOUS AS P62 BUILDING CODE -NJ JDIST 60" LONG ATT HID WITH TWO ROWS OF IOd COM~N NAILS 6" O. c. TO NE SIDE OF THE JOIST -NAIL OSB SHEATHING U EATH CANTILEVER 26'-~•• 22'-~•• 48'-0.. :~ in ~fRST ~LOOi~ PL.,4~~! _ ~ 7 7 ~ c2 cCe~~°^ ~ S S j I ~? `1 .~ Cd.ELAND HUMS, i>1tC. ~. 1101 LINCOLNWAy WEST i~111SFIAWAKA, IN 46544 !, _ j. 785.0 5'-10" ~3 i I 10'-2 in ~N (7 I ,~, >3E>x~oor~l # 2 I ,~ m BEL~200M ts4 _ i I n I 10'-4" I cv I 24 L 2'-f' I 1 MASTER BEDROOh~ 16'-2" B'-0" ~ 7'-61/2" 15'-6 1/2" zfi'-o" 26'-0" 14'-4" 5'-10" 3054 '' ~f' 2 ~ ~" . m'-z.. BEL~oONf ssg I m N 3'-3~{ >~~ ~ ~~ ~ t 3'-3 1/2' : O ~, .~ N u 2n I 8'-10" 5'-0" om B'-11 1/2" .,,, v ~._~~~ ~~ M cANrILEVEIe NorE '2" 3'-3 1/2" -NJ BLOCKING CONTINUOUS OR AS PB2 BUILDING GODS -NJ JOIST 60• LONG ATTM'.HED WITH TWO ROWS OF ICd 6'-7'~ 3'-10 1/2' COMK'JN NAILS H• o. c. TO ONE SIDE OF THE JOIST -NAIL OSB SHEATHING UNDCi2NEATH CANTILEVER D-!_ SEG01~tD .~LOOr2 PL,4N ~ ~ ~ S ~c~ ~~ SS / ~ ~ -~ oral ~. 3ilh^ ~ I~_n. RESOLUTION NO A RESOLUTION WAIVING CONDITIONS PRECEDENT TO THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA COMMONLY KNOWN AS 4406 ASHARD DRIVE, SOUTH BEND, INDIANA TO BEAN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR REAL PROPERTY TAX ABATEMENT FOR CLELAND BUILDERS, INC. WHEREAS, Cleland Builders, Inc., an Indiana limited liability partnership (the "Petitioner") filed a petition for real property tax abatement (the "Petition") and a Form SB-1 statement of benefits with the South Bend City Clerk on May 20, 2009 for consideration by the Common Council of the City of South Bend, Indiana (the "Common Council''), requesting that the area commonly known as 4406 Ashard Drive, South Bend, Indiana, being more specifically Lot 77, Jade Crossing Section 1, (Instrument No. 0415098) and which has a parcel key number of 25-1013-020924, (the "Property"), be designated as an economic revitalization area under the provisions of Indiana Code sections 6-1.1-12-1 et se .and South Bend Municipal Code sections 2-76 et se .; and WHEREAS, the Petitioner obtained building Permit No. 105481 on February 8, 2407 and began redevelopment of the Property as defined by Indiana Code section 6-1.1-12.1-1 (5)) on February 26, 2007; and WHEREAS, the Common Council has adopted a policy requiring that petitioners for tax abatement wait until after the Common Council has adopted Declaratory and Confirming Resolutions in accordance with Indiana Code section 6-1.1-12.1-2.5 (b) and (c), before obtaining a building permit and before initiating redevelopment or rehabilitation of real property, absent compelling reasons and circumstances where a petitioner initiated such activities before such resolutions have been adopted; and WHEREAS, the Petitioner has presented substantial evidence to the Common Council that circumstances existed where the Petitioner obtained the above described building permit while under the jurisdiction of Confirming Resolution 3205-03. That Resolution expired on June 8, 2008, before the house could be sold. The new resolution to replace expired resolution 3205- 03 was adopted by the Common Council on September 8~' 2008. However, Lot 77 was not included in the new resolution since it was no longer vacant land, i.e. it had been improved and contained structures on the lot. As a result, the Common Council has concluded that such circumstances present a compelling reason to waive the Common Council's policy; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION 1: The Petitioner has presented testimonial and documentary evidence of the following facts and the Common Council hereby makes the following findings of fact in support of this resolution: A. The Petitioner's intention since the Jade Crossing residential development (the "Development'') began construction in 2003 is to seek residential tax abatements for every single lot within the Development. B. The Petitioner has filed separate tax abatement petitions for each individual section of the Development as they have been subdivided and have renewed .the same as appropriate C. The Common Council has adopted Resolutions 3205-03, 3353-04, 3518-OS & 3902-08, which confirm the adoption of Declaratory Resolutions for 100 single family residential lots within the Development as residentially distressed for purposes of a (5) five year residential real property tax abatement for the Petitioner. The 1001ots included within these Confirming Resolutions to date have an approximate market value of over $13,417,000. D. Said Resolutions 3205-03, 3353-04, 3518-OS & 3902-08 were adopted on June 23, 2003, July 12, 2004, September 12, 2005 & September 8, 2008 and included Lots 1 through 60 and 62 through 101 within the Development. These lots completely surround the Property. E. Due to unexpected reverses and slowdowns in the both the local and national economies the Petitioner was unable to complete the sale of all lots including Lot # 77 in Section I of Jade Crossing prior to the expiration of the Residentially Distressed Area (RDA) designation confirmed under Resolution # 3205-03. F. Prior to the expiration of the RDA confirmed under Resolution # 3205-03 the Petitioner constructed a model house and sales office on Lot # 77 to promote and facilitate the sale of all lots in Section I. The construction of said house and sales office precluded the approval of a new tax abatement for Lot # 77 through the normal process set by the City of South Bend. G. The Petitioner is thoroughly and continually committed in investing within this 100 plus lot Development which was annexed into the City on March 31, 2003. In addition to this commitment by the Petitioner, the residents of the City of South Bend through the City Plan process identified that the City must encourage the development of more market rate housing and promote homeownership within the City. The continuing support of the residential tax abatement program for new single family home construction within the City both encourages and promotes the development of owner occupied houses within the City. The City Plan, the'20 year Comprehensive Plan was adopted by the Common Council on November 13, 2006. H. The Petitioner acknowledges and respects the long-standing policy of the Common Council to require that the economic revitalization Declaratory Resolution be adopted by the Common Council before a building pernlit is obtained and before redevelopment begins. I. At all times throughout these proceedings, the Petitioner has acted in good faith, has promptly cooperated with all requests of the Common Council and the South Bend Department of Community Development, and has made every effort to comply, to the best of its ability, with the requirements of law and the policies of the Common Council. Because of the unusual and adverse circumstances described herein, the Petitioner was unable to complete the sale of Lot # 77 according to schedule and it was unable to obtain a new tax abatement for the Lot following the City of South Bend's standard procedures. . SECTION II: The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to the redevelopment of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III: The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV: This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council RESOLUTION N0. 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 C~~ii~aa, 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 ~l2P/l~ad, 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 c~~vii~, 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 ~1n~~, the Common Council received a letter from a representative of the South Bend Firefighter's Association Local 362, 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 ~~ieii~eaa, 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 ~l~~aa, 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 -`~ie~eaa, the City Advisory Negotiating Team shall not be considered a "governing body" or "public agency" under Indiana Code § 5-14-1.5-2; and c~,~eua, 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 ~~ , V~e~a~xe, G~ ~t xea~iue~, 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, 1St District Oliver J. Davis, 6°' District Henry Davis, Jr., 2n District Thomas LaFountain, 3`° District Ann Puzzello, 4 District Dr. David Varner, S District John Voorde, City Clerk PRESENTED S L~ ~`~~ `t~OT APPROVED ~DORTE~ .' 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 ~r~~t3 fit; ~~:::!'~'~ ~~`ia~~ ~11~-Y ~~ Z~~ Cis` - ~~~• Derek D. Dieter President Oliver J. Davis Vice-President Ann Puzzello Chairperson, Committee of the Whole Derek D. Dieter First District C®m®n ~®uncil 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 May I5, 2009 Members of the South Bend Common Council 4tb Floor County-City Building South Bend, IN 46601 (574) 235-9321 Fax (574) 235-9173 TDD (574) 235-5567 http://w~vvw southbendin.gov Re: Resolution to Appoint Council's Agent ~& Chief loTegotiator for the 20091~egotiations with the Police and Fire Labor l~egotiations 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~egotiator for these negotiations. David Varner Filch District I recommend that this Resolution be referred to the Council's Health and Oliver J. Davis Public Safety Committee for discussion. I seek your support and approval. Sixth District ~~ You. Al "Buddy" Kirsits Most sincerel , At barge 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 i~ ~ l t jJo . o ~- `i c~ 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 V~'ashington St., South Bend, Indiana, to the Acquisition List contained within the Plan; and WHEREAS, the St. Joseph County Area Plan Commission (the "PIan 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 PIan Amendment as required by Section 16 of the Act (the "PIan Commission Order"); and WHEREAS, Section 16 of the Act prohibits the Commission from proceeding until the Pla*~ 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, 121diana, 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: ' ~~^~ G~i City Clerk Cpi€11~;d aCiE~l1®it ~'ilS !SSltty, Find In ~q~~~'~ ~~~rHy ~~twtNY~a S~-z.~..~~ ~IAY 2 0 2009 t~OT APPROY~cG. iCr'~t7ti~4Vh1~~ 'p.G~PTE~ ~ CET'f CLc~`,K, aU. E~!iL1, i~. Exhibit A (Plan Cornrnission Qrder) RESOLUTION NO. / ~~ -0 RESOLUTION OF THE ST. JOSEPH COUNTY AREA PLAN COMNIISSION APPROVING A RESOLUTION OF TAE SOUTH SEND 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 W~I-IEREAS, 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. 3oseph County Area PIan 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 Plan, 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 Common 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 ISStTED by the St. Joseph County Area Plan Commission this 19~' day of May, 2009. ATTEST: ~ l' 1 etary Uv -2- ST. JOSEPH COUNTY AREA PLAN COMIvIISSION 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 LI5T 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. 81$ 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 IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT, AS FOLLOWS: 1. The Commission hereby deternnines 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, levees, 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 3efferson 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 WashingtonSt Properties LLC South Bend, Indiana such parcel being commonly referred to as the Hansel Center. EXHIBIT B RESOLUTION N0.25~0 West Washington-Chapin Development Area Legal Description 1400 CourrrY CrrYBUII.DING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND STEPHEN ]. LUECKE, MAYOR DEPARTMENT OF LAW PHONE 574/ 235-9241 FAx 574/235-9892 TDD 574/235-5567 CHARLES S. LEONE ALnDEArr M. DEROSE CrrYAT70RNEY CHIEF ASSISTANT CrrYATTORNEY 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 ~'VWCDA 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. .A 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) would support numerous print and arts related community and university projects. Either Bill Scha]liol 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 once J. Meteiver ssistant City Attorney I THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL HASH (`~ ]EFFREY M, ]ANKOWSKI SHAWN E. PETERSON ]EFFREYL. SANFORD JOHN E. BRODEN ~' 1t ~~~ ~J~- ~~~~~ I~- 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 LICENSE 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 June 2, 2009 the Ordinance Violation Bureau Clerk provided written notice to the City Clerk that the following business: Indiana Auto Parts 3300 S. Main St. has been approved for Scrap Metal Dealer, Junk Dealer, Transfer Station, Recycling Operation License for the year 2009. WHEREAS, the license application for the above-referenced business 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 application for the following business: Indiana Auto Parts 3300 S. Main St. is approved in conformity with South Bend Municipal Code Section 4-51 and based upon the satisfactory review and inspection of the property 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 June 2, 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 C n i~ ~~ `~ ~ ~~ ~~' ~ '~~6~~~ S~Qncr~~ cf t.~::^ a41 ~ t~UN " 2 2Q09 ~ ~ 1 ~ r QPt~ ti°' ! .~ ~ t ~~Yc es~~~~ ~'~ };: ~>k are ~:=v ~~~ {.~lri Olt ~f.+w~ iks~r`Ya^>s5 i' + ~ !d•.~ t) !.~ C~I:C ~flv ~F~o~~ ;,~•~ :t ~rG,~ FKi'ri~ ~ JGEiN vooR1E Cr1Y CL~~I+, 5Q. 65hC,1F~. p,DOPTE~ Office of the City Clerk John Voorde, City Clerk June 2, 2009 Derek D. Dieter, President South Bend Common Council 227 W. Jefferson RM 455 South Bend, !N 46601 Dear Mr. Dieter, This renewal application for the operation of Scrap Metal /Junk Dealers /Recycling Operation has been received. In accordance with the procedure for the renewal of city business licenses this application was submitted to the Police Department, Fire Inspection Bureau, Water Works, Department of Code Enforcement and Building Department for inspection. The following property was inspected: Indiana Auto Parts 3300 S. Main St. and has received favorable recommendations regarding fire, code, and environmental compliance; also for proper maintenance of the premise and area outside the fence, and the height and condition of the fencing. Because the applicant has met all of the requirements of the ordinance, the attached resolution is respectfully submitted for your consideration. will be present at both the committee meeting and the public hearing. I can be reached 574-235- 5935 or whays@southbendin.gov if there are any questions or concerns before that time. Sincerely, ~.._ ~-.~ `: Winona Hays ~ ~ Clerk, Ordinance Violation Bure ~..~ ~u~~l - ~ Zoos ~ 455 Counry-City Building •227 W. Jefferson Blvd •South Bend> Indiana 46601 •574/235-9221 •Fax 574/235-9173 • TDD 574/235-5567 Mary Beth Wisniewski JaniceTalboom Winona Hays ~/ Chief Deputy Deputy Ordinance Violation Clerk (6/2/2009) Winona Hays - Re: Indiana Auto Parts Page 1 From: Aaron Cassel To: .Winona Hays Date: 6/2/2009 9:39 AM Subject: Re: Indiana Auto Parts Sorry....I have been in the office only 6 days since April 9th, and just-got back from vacation today. I will get over there this afternoon and get it knocked out. Sony for the delay, but between 4 weeks of training, and 2 vacation I haven't had much time. I will try to get it out today, if not I will definitely have it to you first thing tomorrow morning. Thanks Aaron »> Winona Hays 5/27/2009 1220 PM »> Hello, I know that you probably have way more important things to do, but I really need the approval or denial for Indiana Auto Parts. Would it be at all possible to have that by Monday June 1 - I would really like to file it for the next council meeting, and yours is the only one I'm missing. Thank you, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavsC~southbendi n.gov _ ~ _ i;t n ~ _ ~ ~. ,. `w~ ~a,...ta ~ ~ ~ M, i. q ~,.x..,«,+ . .. ,~ 7 . y ~ ~ ~~ • i 1. ~ . t ,~ k ~ .~ ~ ~ ~~ t. sf,. k..-.i ~;'M~: ..eel ~i r f ~ . ti `.i e-~..::~ ~~~ .. i b i».t ~q '.~ ,per-.• ~..y c i ~~ ~ ~ ~ ~ 4 ~~ s' ''~ ~" y ' id~ ~ X ~ 5,~.""r..r+"'~. i ~ ~ 'M! ~ * ~ t - "~+ ~ ~ ~~.J'--"".._-?! j~. ti .;7~~, ~ r r_~ ~ F ~ :9 i°y ~ r`, ~~~ ` ~`` e .r i ~. of .1. y~ °' °^ # _- ~ ~^^. E , )J t C l., ? f"F .,~ ~ i-r-~ i 3 i :.. ... 5 rS r.1 `. NA 1, .. y. },. q~ _ ~: ~ rs f'a ~~ ~' 4 i 1 €~~ 1 ~ `~` , ~ r ~ .Ft ~ '- ' 1 Vim' ,., {7~ L! i}~ ~~ f _.i- ~ ~~ i a~EJ e .l +. ~ j ;~J ~ ~p U . 19 -,'f L~ .~..r.~' .'vl jf ~nj ~i Ji ~ Y ?~~( ~^ , ~~.~~~~r!,(~ ~ ~J ~ -~ ~ ~ ~t~-~ ~, a ,h ~; ~({ ~..1 Mn f:•.w S ~ ~,~{ ~. ~~c.r~ ~-~ u ~ C/ n ~ ,- ~• f f .~ C~ ~ ~ ~. i ~J V ` 1 .,~, 5~~~ v..- -~~'rvCr_ N~~ o~ (ct- "~ ~4,~. I rte' ~C'o ~ ~ tv t r ... rn ~~ ~ :~ _ ~~ ~j ~ ~~ { ~ ~~r t ~-- ~~ ~;!~ ~' ' _ ~ try -~ ~ ., .. ~; r ~~~~~ ~ ~ ~~ / (f Z _~ ' ~~ ,; ,_.c r f ' ' ~` ! '~,~~~ ~~ ~~, i 4 h ~ ~S r, t ~; n . r1, nz6~.s ALLEY ~zs ; al2yf~ a L ~~ ~~ v~ ~a. . ,~zc._Y ~~esi~f~.~f;gL fi y .' a f~~5 ~ ~ h ~ i d 1 iJl - -- ~ ~ . sfa~cE ~r - ~~ .A .,,- .-~ ~. --t.., , ..~~ ~. w 1/oj .~ f FR ~ n YH c E ..Sr NA.: N h,~.f. _~J RZ,~,~ ____ i -=~ 1 -~~~1. .~ MA-~~/ srR~~T ~ m ~ Memory TX Result Report (Apr, 2. 2009 4.02PM) ~ T 1) OFFICE OF THE CITY CLERK 2) JOHN VOORDE: CITY CLERK Date/Time: Apr, 2, 2009 3:59PM File No. Mode Destination ------------------------------------------------------- 76$9 Memory TX 812197854792 Fage Pg (s) Result Not Sent -------------------------------------- P, 13 OK ---------------------------------------------------------------------------------------------------- Reason for error E. t) Hang up or line fail E. 2) Busy E. 3) No answer E. 4) No facs imi 1 e connection E. S) Exceeded max. E-mail size ~,u'rtt-QA gditr~i~l~l,'10 .~ r, .. , ~ , , /!~ ~ ~~ ~ ~~ la6a Office of the City Clerk John Voorde, City Clerk Apr9 2, 2009 Dartiefie 219-7854792 (fax number) Indrarta Aulo Parts 3300 5. Main SL South Bend, IN Dear Soap Metal Dearer. 1 am fonvardng a txrpy d the Cdy of South Bend bushtess license applica8on, the to]IOVitrtg Is 'vtformafion regatdvig Ste procesz • App6ntion The enclosed appGcattor4 whet fully completed, av~ have all of the ragrdred Intormal'wM and i 6sfs arty other materials that vhf! be needed b process the busaress Gcensa Ptease, do rtd omit arry@ilng. ' ^ AppGcation submission Plesss mail gte appGption along a71h a $5.00 prorpssing tee (either a check a money order made out to the Cdy of Soufb 8erxiy to' City of South Band . Attn: Y.'inona FiaysAJcensing 227 W.:l^fterson Blvd, Room 455 Sotrth Bend, IN 46601 Once the application has been approved the annual license fee of 5250.00 must be subtnn[ed before the ne+r lic¢rtse can be issued. H there are arty quesftons please tbritacl me edher bll phone (574) 2359462, or bye-mafi at wfiaysOa southbetdin.gov. Sinrarely, Wmona flays . Clerk, OVB 277 N.7eR aIN1{55 COmaty-GT/Bnarting•aoruh BrnQtndima<6L0!•5741+JS•9B7•Fnr S7q/735-9173.7DD STdlL15S56T Mary Deth WisnimrsN Janice Talbonnr Winona Hays Chie[7kputy tlck Deputy Clerk Ordi,.ance Violation Clerk ®f~ice ®f the City Clerk John Voorde, City Clerk April 2, 2009 Danielle 219-785-4792 (fax number) Indiana Auto Parts 3300 S. Main St. South Bend, IN Dear Scrap Metal Dealer: I am forwarding a copy of the City of South Bend business license application, the following is information regarding the process: • Application. The enclosed application, when fully completed, will have all of the required information; and it lists any other materials that will be needed to process the business license. Please, do not omit anything. s Application submission. Please mail the application along with a $5.00 processing fee (either a check or money order made out to the City of South Bena~ to: City of South Bend • Attn: Winona Hays/Licensing 227 W. Jefferson Blvd, Room 455 South Bend, IN 46601 Once the application has been approved the annual license fee of $250.00 must be submitted before the new license can be issued. If there are any questions please contact me either by phone (574) 235-9462, or by a-mail at whays@southbendin.gov. Sincerely, C ~//G%~~~/n,Qi ~~~~ Winona Hays Clerk, OVB 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 Apr, 2. 2009 4:OOPM OFFICE OF IHE CITY CLERK No, 7689 P. 2 LfCENSE APpLICATIQN FOR aCRp,p f~ETAL DEALERSIJUNK DEALERS/RECYGI~IN~ QPERA~'IQAIS CITY OF SDUTH BEND, INDIANA South Bend Municipal Code Section 4-51 1. Check One: li. BUSINESS DATA NEWRENEWAL A. Type of license applied for. SCRAP METAL DEAL)=)~ ~E~C~ ~R ~s~C~S'~ O-tIC~ APR - 9 ?009 dQ~"rd V601i~J~ Ct1Y Ci ERK, So_~:.___~y~tQ, ltd. JUNK DEALER B. Business Name C. Business Address ,,~ Q r City ~Y A~ +..~~~ State, Zip ~O~ D. Mailing Address (If different from above) ' City State { Zip E. Business Telephone Number ~~~ - ~ ~~-~ ~ 1 F. Business Fax Number G. E-mail Address ~~~ ~ ~ ~ ~2~ ~ it~~T H. Zoning of proposed location ~ ~ 'n12 i('C I C ~.~~ I. Lot size of premises ~ J. Type of fencing used ,`~DQ o~ Please Continue to Page 2 (back of sheet) ~saOntY.. ~ .. ... ~ .. . . ~ . .. ~ . .. .. ~ ,For•.C?f~ice: ~a , : i ' ~•' ~ t • 20 ..~: a w.~i.'.!': ~' ~f: j hN^ :.. °'Applcation~l=il~d-,W. ~ _ q h r ~.M~.~~C:!. ~, .• v'k ~!: ~ ~ -~ ~ • ~ y i~ationFee`'Paid>'° ~j'.~~1'^•~~C1 ~ . . . ^,.,;,,, Pallt~:e.~?e;}?~`~Recorcls'~~~-I -).~f~-~?~ ~~Sentxpgepartm~ents'._~~~~1~~4:~=j.~~~I' -~t?olict~'.De~~~~=;Crim~~~Prev.. - s° ~i ro Department°~=~~ ::~'.~ ~ _ ~ : ~.o,'mmoa~: GQiln~if Approval: • , . -~..... .. ,:: ;e. ;:~?ai~~~. r~forGement`>'~~J~.-~~~~-:~. ~' f~'~ ~::License~, Code;.E . . ,..: .,. ~ . . §:•:, :. ...:: .: .. . ease. Numhei~~.w ~ i .p . . .. .: .. ~ ~ :: .. ~ ~ : l~easQn ~ ~ ~ ~ . . ~ .. .. .. ~ .. . Apr, 2. 2009 4:OOPM OFFICE OF IHE CITY CLERK No, 1689 P, 3 Scrap Metal Dealer/Jrtnk Dealer/Recycling Operation License Application Page 2 K. Are premises: leased by applicant ~„ ~ owned by applicant? If leased: Name of owner Business address lll. PERSONAL DATA `,,, (~,, A. Applicant's legal Name ~~ ~>i 1C~`~..~ B. Residential Address ~~„~1.,, A+~1r,~e©~ 1,~~-.!~>` ~. ~~' City ~~ GI?state ~ ~ Zip _ C. Residential Telephone Number ~ ~~ ! ~ ~ I~ D. SSN ~~~ ~ 5 Z--~ . _ E. Date of birth ~~ ~ - `~~--~1T---= I'V. INCLUDE, WITH APPLICATION, A SITE PLAN OF THE FACILITY SHOWING PROPERTY L1NES, BUILDINGS, PARKING SPACES, L~IADING DOGKS, FUEL ST4l~,AGE, AND LANDSCAPING. V. INCLUDE, WITH APPLICATION, A $5.00 PROCESSING FEE VI. AFFIRMATION I, hereby, certify and affirm that all of the information I have given in this application is taste and accurate to the best of my knowledge. }further certify and affirm that i have in no way attempted to.mislead the City in this application by amitfing facts Known to me. I have read and understand the regulations of the Scrap Meta[ Dealer/Junk DealerlRecycling OperatianlTransferStation license found in the City of South Bend Municipal Code, Section 4-51. ~'~ 4 ~' Sign „ re ^~ ~~ Date (4/14/2009) Winona Hays - Re: Indiana Auto Parts Frora~: David Tungate To: Winona Hays Date: 4/14/2009 6;12 AM Subject: Re: Indiana Auto Parts Ms. Hays- I have no problems or issues with this business license. Dave David Tungate South Bend Water Works Water Works Director 830 North Michigan Street South Bend, IN 46601 (574)235-5922 (574)235-5595 fax »> Winona Hays 4J9/2009 3:56 PM »> Attached is a new application for a business license in South Bend. Winona Hays Clerk, OVB 227 W. Jefferson Blvd. lZtn 455 South Bend, IN. 46601 574-235-5935 whavsCa~southbendi n. gov Page 1 D,ur.[, ti}pG 4:'~~i;~vi ~=:~-C~ OF -'a= ~! iV C:_E,~.K ~~. 1b89 ". ~ LICENSE APPLICATIQN FOR $CFZAI'~ fi~E~'A!. I~EALERSIJUN4G DEALERSIREGYCl.1NU t~PEI~A~"fQNS CITY Ot' SOUTH (SEND, INDIANA South Bsnd Municipal Code Section 4-51 1. Check One: ~.. NEW f~ENEWAL fi, l3US(NESS DATA A. Type` off license applied for: / ~ SGRAP METAL DEALER B, ~ ~ Business Name C. ~li Div C,9 61e .~dEGik'69~ ~4S9 wci APR - 9 ?G~9 ~oNrf ~~bo~t~E CITY ~~ E?~, 5C, ;: c1~,1R. JUNK DEALER Business Address ~ 4 ~,~ {~ ft r _ c Gify ~~ 3~_~T f) lJ~~~UI State ~ Zp ~ '`L' 1 D. Mailing Address (If differenf from above) City -~t~( State Zip E. Business Telephone Number ~ ~ (~T - ~~~,a F. Business Fax Number G. E-mail Address ~~)rCCJ`Y a ' ~_ (1~1~J1~ CS~'~ ' a ~~..T N. Zoning of proposed location ~ ~ 1(Yl_~~{ d I. Lof size of premises ~` ~--~ J, Type of fencing used ,~~~ Please Continue to Page 2 (back of sheen ~y REwci rntr, nP~RarinN - ---- ------- ------- (4/29/2009) Winona Hays -Indiana Auto Parts Page 1 ~ From: Mark Lyons To: Hays, Winona Date: 4/29/2009 10:26 AM Subject: Indiana Auto Parts We have no objections to the application for Indiana Auto Parts. Mark Lyons Assistant Zoning Administrator 125 Lafayette Blvd., Suite 100 South Bend, IN 46601 Phone (574)235-9554 Fax (574) 235-5541 -- --- (5/14/2009) Winona Hays - Re: Indiana Auto Parts 3300 S. Main St. Page 1 From: Stephen Goen To: Winona Hays ®afe: 5(14(2009 7:56 AM Sul~jecf: Re: Indiana Auto Parts 3300 S. Main St. That was approved on 4/14/09 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 ]oe Co. Fatat 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 5/13/2009 1:58 PM »> On April 9th I sent an email with the information about Indiana Auto Parts. I have not heard back from your department. If at all possible I would like to have responses by May 18th which would be my filing date deadline for the next council meeting. (see the attached paperwork) Thanks, Winona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whaysCalsouth bendi n.aov (5/14/2009} Winona Hays - Re: Indiana Auto Parts 3300 S. Main St. From: Federico Rodriguez To: Winona Hays ®ate: 5/14/2009 8:33 AM Subject: Re: Indiana Auto Parts 3300 S. Main 5t. Winona, I talk to the inspector and he said that this junk yard has been inspected and re-inspected and has not pass inspection yet. He is going back for the third time later this month at the request of the business. 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) frodriauCa southbendin.aov »> Winona Hays 5/13/2009 i:58 PM »> On April 9th I sent an email with the information about Indiana Auto Parts. I have not heard back from your department. If at ail possible I would like to have responses by May 18th which would be my filing date deadline for the next council meeting. (see the attached paperwork) Thanks, 1h'inona Hays Clerk, OVB 227 W. Jefferson Blvd. Rm 455 South Bend, IN 46601 574-235-5935 whavsCa~southbendin.gov Page 1 Avr, t. 2~ti9 a.Gl°iv1 OFFICE OF -NE CIlY CLE'r,K Flo. 169 ', t LICEhdSE APPLICATION FOR SCRAP METAL DEALERS/JUNK t7EALERSiRECYCLING OPERAT'it~NS . CITY OP SOUTH BEND, INt71ANA South Fend Municipal Code Section ~-5't t,_.____--..-ppa~~~p. ' ~if~~ ~~ S~r1~i~~9r~.6 ~;t3~~m i. Check One: NEVII RENEWAk. APIA ~ 9 ?009 li. BUSINESS DATA YQ~'iI; 1~t~~if~~ G11-Y Ci EttiC, So. ~~4lD, irk. A. Type of license applied for: ' SCRAP METAL D~iLER JUNK DEALER REr.YC:i tnrr; np~tzar~nn~ B. Business Name C. Business AddreCs ~ {{~~ • Cify ~`~ ~~ i.~~~~ State ~ Zip Q. Mailing Address (lf differenf feom above} City `{ State Zip E. l3usinessTelephone t+Eumber ~~ ~i - 3~ F. Business Fax Number !~ '~~ l~ G. E-mail Address ,~~C~ ~ ~~1251'n ' {n.~Q,'~ H. Zoning of proposed location `--~ ~ rn~~t„~5,~„~, I. Lot size of premises J. Type of fencing used ~'~ Please Continue to Page 2 (back of sfteet) r C.~~r'~;~ ~ ,Y'k : J ' ' A ti - E~: pi c ::~' 1 n ~ilecl a^l'...r.~ . aT' i - •-N.:.:. ~'~ ij ~ a:tj~ii\'.. ~. t'k ~~1Nat Vtlo•-k i~ :• -~ ~ • p :: . a o ~ ' - ~ ~ . s. < . -'- -~ ~ ' e pP e` •~: ~A' i ationFee'~f?aid~'~. - l~- 1' ~ ~ Pdli~ t~`~ Record s~ .A • r t ~~ ~ ~ . „ . ~~Sent.;to U.epartm'ents''~~A~:~~~~° = ' r. .. .. ~ `' • - =~F?olic~.•.Cie ~'•~~Crim~~Prev., :FrsD~epartmen>~<=•~-~`~~~~;g.. - ~ ~Gommo~:Ca~ncii~Approvaf. • ' . . ~C~cia~.>~'.:t`orGemenf:' r.,. ... . " ~L ~ ~ ...;... ...... : :.. F•.: :~~~, .s: itiot'Approved~ ~ •~ ~ - . .. ~ . ~~ ~ ~~ ~l~ ~~~~~~~1'~ -J~ Inspected by: Cpl. Aaron Cassel South Bend Police Department Crime Prevention Unit 235-9401 II~IDIAIOTA AUTO PARTS, 3300 S.1VIain St (Recommended) Met with Paul Shafer. Indiana Auto Parts 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. ~~(~d E~ G~~r~C'~ ~ya;~~ J U Pl - ~ 2009 JOHN VCQ~eE c~~r cs aP ~, sc. a=;:~, i~. 1200 COUNTY-CITY BUILDING 22.7 W. JEFFERSON BOLR.EVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 F,aK 574/ 235-9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY $~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR ~'Iay ~~, X009 Derek Defter, President South Send Common Council ~+i10 County City Building South Bend, IN 46601 President Defter: ~t ~~ X10. v~-y1 The attached resolution tivill authorize the Mayor of South Bend to execute documents to re- establish the St. Joseph County Housing Consortium under an interlocal ab Bement between the Cities of South Bend, Mishawaka, and St. Joseph County. The Consortium was originally established in 1991 and since that time has brought over 13 million dollars of HOME program funding for low-income assistance into our community. 'The Consortium's current agreement covering the period of 2007-09 is set to expire on December 31.2009. The Department of Housing and Urban Development (HUD) process requires a written notification of intent to participate, and the passage of a resolution authorizing the chief elected officer of the;urisdiction to execute renewal documents. The renewal agreement will cover years 2010-2012. I~layor's Luecke's letter noting South Bend's intent to participate is attached. Re-establishing the Consortium will allow continuation of this valuable community resource. 1 will present this resolution at your June 3, 2009 meeting. Please call me at 235-5845 with any questions prior to then. Thank you. Sincere Pamela C. iVi er Director, Community De~~eiopment cc: Jeff Gibney ytayor Luecke COMMUNITY DEVELOPMENT PATIELA C. ME}'ER 574/285-9660 FAx: 574/235-9697 ~3 ~,,,..~ - L 2aa~ ~~ ECONOMIC DEVELOPMENT FINANCIAL cSC PROGRAIv[ DONALA E. INKS YIANAGEMENT 574/235-9371 ELIZABETH LEONARD ~ 574/235-9371 /'\~~,~. /1 / Section I. THAT The Common Council of the City of South Bend, Indiana has considered and hereby approves the extension of and participation in the St. Joseph CountyHousing Consortium for purposes of the formulation, update, submission and implementation of applicable plans and programs and the implementation of the HOME Investment Partnerships Program (HOME), Emergency Shelter Grants Programs (ESG) and other housing assistance programs funded by the Department of Housing and Urban Development (HUD) under the National Affordable Housing Act of 1990 (NAHA). S ection II. THAT The Common Council of the City of South Bend, Indiana hereby authorizes the Mayor to enter into an Agreement extending the St. Joseph County Housing Consortium in form or substance the same as, or similar to, that of the Agreement attached hereto. Section III. THAT The Common Council of the City of South Bend, Indiana hereby confines its commitment to the goals and the reality of fair housing within the City of South Bend. Section IV. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member, Common Council City Clerk 1 7.q P?i~~Eae~ JO~~~! LfGO~~~ ~ii~ C~.~Fi~.s ~Q. BE'rz4,.li~d. AN AGREEMENT AMONG THE CITIES OF SOUTH BEND, MISHAWAKA, AND THE COUNTY OF ST. JOSEPH EXTENDING THE ST. JOSEPH COUNTY HOUSING CONSORTIUM THIS AGREEMENT, entered into this 2009 by and among The City of South Bend, Indiana (South Bend), The City of Mishawaka, Indiana (Mishawaka), and The County of St. Joseph, Indiana (St. Joseph County); WITNESS TO: WHEREAS, on November 28,1990, the National Affordable Housing Act (NAHA) of 1990, also known as the Cranston-Gonzales Act, became law, to implement its stated goal that every American family be able to afford a decent home; and WHEREAS, NAHA requires any governmental unit to formulate and submit applicable plans in order to be eligible to receive funds from several existing federal programs, including Community Development Block Grants (CDBG), Emergency Shelter Grants (ESG), as well as to be eligible to receive funds from several new housing assistance programs created by NAHA, including the HOME Investment Partnerships Program (HOME); and WHEREAS, NAHA provides forthe designation of geographically contiguous units of general local government to participate as consortia in, and thereby be considered a single unit of general local government for purpose of, HOME; and WHEREAS, the Cities of South Bend and Mishawaka, and the County of St. Joseph, being contiguous units of general local government, formed a consortium forthe purposes of formulating and submitting required plans for the purpose of receiving an allocation and participating. in the HOME, CDBG, ESG, and all other housing programs administered by the Department of Housing and Urban Development (HUD) for which they may be eligible, and for the purpose of cooperating to undertake or to assist in the undertaking of housing assistance activities for HOME and other HUD programs, which consortium expires by its terms unless it is extended prior to December 31, 2009. NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and pursuant to the authority granted the parties under 1. C. 36-1-7, the Indiana Interlocal Cooperation Act, the Cities of South Bend and Mishawaka, and the County of St. Joseph AGREE as follows: 3. Obligations of Lead Entity South Bend, as representative member of the parties to this Agreement, and acting through its Department of Community and Economic Development, shall: (a) Assume overall responsibility for ensuring that the Consortium's HOME Program is carried out in compliance with the requirements of the HOME Program. (b) Assume overall responsibility for the formulation and update of any required plans, including, but not limited to, overall responsibility for formulating and updating a community profile (including a needs assessment and assessment of the Consortium's housing market and inventory) and the formulating and updating of a five (5) year strategy (including a plan that identifies geographic and program priorities) and addresses the issue of homelessness and other fair housing issues. (c) Assume overall responsibility for submitting required plans and updates in a timely manner as required by NAHA. (d) Assume overall responsibility for implementing required plans within the Consortium (e) Assume overall responsibility for administering all housing assistance activities funded through HOME and other NAHA programs, within the Consortium. q~. Term (a) This agreement shall terminate at the later of the following dates: December 31St, 2012, or the date on which all activities funded under NAHA during federal fiscal years 2010, 2011, and 2012 have been carried out. (b) Prior to the termination of this agreement the Consortium may elect to extend the term of this agreement, by the adoption of substantially similar reso{utions of each of the governing bodies of each Consortium member, approving the extension of the Consortium and the amendment of this agreement, and authorizing the chief elected official of each member to execute the amendments to this agreement. (c) During the duration of this agreement, no Consortium member may take any action to terminate the Consortium, this Agreement, or the membership of that or another member in the Consortium. 3 as approved by HUD: provided, however, to the extent not inconsistent herewith or restricted hereby, and to the extent not inconsistent with nor restricted by federal, state or local law, the Board may authorize any officer.or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of or on behalf of the Consortium, and such authority may be general or confined to specific instances. (f) The Board Shall: (1) Conduct its business and affairs for the benefit of the Consortium members. (2) Provide policy direction and oversight to the South Bend Department of Community and Economic Development, in its exercise of its obligations here under. (3) Review and approve all applications made to HUD for funding for other housing programs funded under NAHA to be implemented within the Consortium. (4) Enter into, make and perform contracts of every kind with members of the Consortium, and the various instrumentalities, agencies or departments thereof, the United States of America, the State of Indiana, or any political subdivision or agency or instrumentality thereof, or with any unit, private corporation, partnership, association or foundation public and private, in order to implement and further the purposes of this Agreement. (5) Accept grants and gifts from the Consortium members, the United States of America, the State of Indiana, other units of general local government, and from any unit, private corporation, partnership, association or individual: Provided, however, that no gift or grant may be accepted from any individual receiving services or from any member of the professional or clerical staff of the South Bend Department of Community and Economic Development; Provided, further, that any grant or gift received by the Board sha11 be transferred to the Division of Community Development of the South Bend Department of Community and Economic Development, for deposit in the St. Joseph Housing Consortium Checking Account. (6) In general, exercise all powers which now or hereafter may be conferred by law upon the Consortium for purposes of carrying out the purposes of this Agreement. 7. Fiscal Responsibilities Financial and fiscal authority and responsibility for all funds received and administered in connection with this Agreement, shall, on a day-to-day basis, be vested in the Division of 5 FOR ST, JOSEPH COUNTY: Robert Kovach President, Board of County Commissioners for the County of St. Joseph FOR THE CITY OF MISHAWAKA e rey ea Mayor, City of Mishawaka FOR THE C{TY OF SOUTH BEND Stephen J. Luecke Mayor, City of South Bend ~~t i 4 ~;,~ - ? zaaa r 1200 CovNZY-CITr Buu.~uaG 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PxoNE574/235-9371 FAx 574/235-9021 TDD 574/ 235-5567 CITY OF SOUTH BEND STEPHEN J. LuECI¢, MAYOR COMMUNITY ~ ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY EXECUTIVE DIRECTOR ~;1~ ~~~ ~~v~~ June 1, 2009 South Bend Common Council Fourth Floor Council Chambers 400 County-City Building South Bend, IN 46601 Dear Council Members: The attached bill for your consideration and approval will appropriate funds from a $400,000.00 EPA grant for our Brownfields Revolving Loan Fund and $178,644 in repayments from previous loans made from this fund. These funds will be used to make additional loans/grants for environmental remediation within the City of South Bend as allowed under EPA rules. We look forward to your approval of this ordinance. Please note, these funds cannot be used for general government purposes, only toward the engineering and remediation of Brownfield properties. Ann Kolata or I will present this bill at your June 22na meeting. If you have any questions, please call Ann at 235-9374 or me at 235-9330. Thanks. Sincerely, ~ ' Liza h Leonard Director, Financial & Program Management cc: Ann Kolata John March {T~x) e~Lrfi'E4J~ ~a~Fha~ ~3 d i ~'u i T i ~~iR.~ - _. C.l~-~ COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT PAMELA C. MEYER DONALD E. INKS 5741235-9GG~ 5741235-9371 FAX: 574/235-9697 FINANCIAL SC PROGRAD'I MANAGEMENT ELIZABETH LEONARD 574/235-9371 ~"" ORDINANCE i~G. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING X578,644.00 FROM STUDEBAKER/OLIVER REVITALISATION GRANTS FUND (#209) FOR ENVIRONMENTAL CLEAN-UI' OF BROWNFIELD SITES STATEMENT OF PURPOSE AND INTENT Pursuant to this Council's prior authorization, the City of South Bend in 2008 applied and was approved for a U.S. Environmental Protection Agency (EPA} Brownfield Revolving Loan Grant. It is now necessary to appropriate these grant funds along with monies from previous loan repayments within Fund 209 for their intended purpose of Brownfield site remediation within the City. NOW, TI3EREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The sum of $578,644.00 is hereby appropriated from Studebaker/Oliver Revitalization Grants Fund (Fund #209) for the environmental remediation of Brownfield sites in accordance with EPA rules. Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Coun it Attest: ~`"'',~n ~;"_ ~;'.~ ~} ~ ;~ ,-- ~~- - _ - F _ __ u ~~.~ s-~ u,~a F.:i2. F,~ ~ 4a+ C~ ~i;r`l`:~~ G51! u~ o~~~~t~r~~~ ~~~ ptll!i~ I~~~rln~ end C~'~ncli ~~~;°~ cn ~l~is i~t~~. City Clerk Presented by me to the. Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock ____ m. Approved and signed by me on the day of , 2 , at City Clerk o'clock m. i st P.BADiFIG ~~~_c~ PUBLIC HEARI1vG rd READI1~iG ;~'JT APPROVE :~s=ERRED oeccFn Mayor, City of South ~~~~~ ~B ~~~~ t :~ ~ttl~~ ~' '~~ ~` J U P~ - L 2709 ~ ..b.a__ .. . ~...w. South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us Timothy S. Klusczinslci, President A Certified Local Government Catherine D. Hostetler, Director May 29, 2009 South Bend Common Council 455 County-City Building 227 West Jefferson South Bend, IN 46601 Dear Members of the Council, l~`~~~J- `-El-off Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purpose of this ordinance is to establish the property at 113 South Laurel Street as an Historic Landmark. The described real estate is Lots 8-9 46 1-3 Ft N End, Ea Wall & Hines Sub of BOL 90. At its Public Hearing on May 18, 2009, the Historic Preservation Commission recommended designation of this property to the Common Council. A copy of the Staff's favorable review and recommendation along with the homeowner's consent regarding this property are also enclosed. Respectfully submitted, . Catherine D. Hostetler, Director Fr~~~ ~i`t Ct~r~'~ ~~~i~~ ~ur~-2 JAH*1 Vt1QPDE GETY CL~~ ~, S0. BEPED,11~. COMMISSIONERS asurer Jerr A. Niezgodski Lynn Patrick (Vice President) ~~~ `~ Mary Jane Chase (Tre ) Y Linda Riley (Assist. Sec) Todd Zeiger David Sassano (Architectural Historian) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ES'T'ABLISHING A HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 113 LAUREL STREET, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT 'T'he Owners of the property located at 113 Laurel Street, in the City of South Bend, Indiana, (the "Property") have petitioned the Historic Preservation Commission of South %end and St. Joseph County (the "Commission") to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565-73, as amended. The Property is located in the West Washington National Register District and is recognized in the City of South Bend, Historic Sites and Structures Inventory with a rating of "Notable" meaning that the property is above average and that further research may reveal that the property is eligible for National Register listing. 'The staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition of the Owners and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Property as a Historic Landmark. The Commission has conducted a public hearing for the purposes of•hearing comments on the designation of the Property as a Historic Landmark and for delivering a recomnendation to the Common Council and following the public hearing, -the Commission has given its favorable recommendation to the Common Council of the City of Soutll Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. SS~i5-73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Desi nagL t10n. The structure and real property located at 113 Laurel Street, in the City of South Bend, Indiana, shall be and hereby are designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. That such designated and established site is more particularly described as: A lot or parcel of land 46 1/3 feet wide, fronting on Laurel Street, taken off of and from the whole width of the North ends of Lots Numbered Eight (8) and Nine (9) as shown on the recorded Plat of Wall and Hine's Subdivision of the North part of Bank Out Lot Numbered Ninety (90) of the Second Plat of Out Lots of the Town, now City of South Bend, Indiana Tax Key No. 18-3068-2640 Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. Member of the Common Cou~cil ATTEST: City Clerk Present°d by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _.m. City Clerk Approved and signed by me on the day of , 2009, at o'clock .m. (~~ ~ 1 st it~At3t1~G O~~ ``~ Pua~.tc HEARING 3 rd READWG NOT APPR4VEd3 RE'rERRED PASSED JUN - ~ 2QC~ JG~Pd 6JCGr3~'c Gt1'Y I:LIr<ii;, x~'. 5E~J, 4R~i. City of South Bend, Indiana West Washington Street Historic District (201-59~-2600.1-263) w ° ' ~ W WAYNE ST 158 0' 55 - ~ . ''' Q.: 159 `." m R ST ~ N.' ~ w . . N r h r K~ ui N ~.;- N ~ H O. N' y N pC N Q N 4 Z _ ~:..... _ :o a J 5 ,.. N 113 South Laurel .~ I f ~; i e i - L [Q~~ 113 South Laurel Based on the Historic Preservation Commission's Local Landmarks Criteria as adopted by the Common Council, the site at 113 South Laurel can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria # 1 as an excellently preserved example of the Free Classic architectural style. The house was constructed in 1903 and possess its original building materials and windows. This home is rated Notable in the 2005 City of South Bend Interim Survey of Historic Sites and Structures. The interior of the home has been completely restored. The building fulfills criteria #2 by the integrity of its original construction with only minor alterations. Alterations are limited to enclosure of the rear fast storey porch and its second storey sleeping porch and a new front porch balustrade. The building fulfills criteria #3 by its association with its builder, Clement Smogor. Clement Smogar emigrated from Poland in 1882 at the age of 6. He became involved with the lumber business in 1897 and in 1912 established the Smogor Lumber Company. He was also president of the Elkhart Lumber and Supply Company and was connected with his father's company, A. Smogor and Sons Coal and Builders' Supply. In addition to being a prominent lumberman he was also a banker. He was active in the organization of the People's State Bank and served as its president. ate- ~: Ea ~i~~ ~il "~~.~ ~~N - 2 2x09 CiiN `~ ~UFs~E. ____..- March 26, 2009 Historic Preservation Commission County City Building 125 South Lafayette South Bend, IN 46601 Dear Katherine Hostetler, Our property at 1 13 Laurel, South Bend 46601 is on the list of homes as notable. We are seeking to have it designated as a local historic landmark to have it .protected in years to come. It was built in 1909 by Klemens Smogor for his family. Smogor built many sturdy, beautiful houses throughout South Bend and had a lumber yard just down the street from his home at the end of Laurel and Division, which is now Western. The home was saved from being torn down and restored in 1979 by Paul Hayden through the Community Development Homestead program. We also have the original abstract documents. We hope that you will find it suitable for such a designation. You are welcome to contact us to view inside as well as outside. Most sincerely, ~' ~; > ! ~ ~+S Dr. Daniel Holm 1 13 Laurel South Bend, IN 46601 574-239-3963 holmstead@sbcglobal.net ~~ ~.~~.~ i ~ Mrs. Lois Holm ~Eg~Q~~ ~ ~j~a ~~'~ AY6~E/' _--_-~-- Jl1P~ - 2 2009 ~csira vacae~ GITY Gl~,~~~~;, sQ. E WAD, (!~!. South Beni and St. Joseph County HISTORIC PRESERVATI®l~ C®1VIlVIISSI®I~t 227 WEST JEFFERSON BLED. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us Timothy S. Klusczinski, President A Certified Local Government Catherine D. Hostetler, Director H15'~'C'1I~I~~ L.~il~'11~1~ AvR~EMLI`~1T We, the undersigned property owners, do hereby grant the Historic Preservation Commission of South Bend and St. Joseph County the permission to have: 113 Laurel South Bend, IN 46601 declared an historic and architectural landmark under ordinance. I also approve of the classification of this property under Group B Standards. - __ f ~~ Signature of Property Owners - lz ~a9 Date ~~~ ~F ~! .~i ._ Li.iJ ~CiiY CE.E ~;, wC~. B::fvi?f, If~f. Mary Jane Chase (Treasurer) ferry A. Niez~odski COMMISSIOIO(ERS Larry Meteiver (Attorney) Lynn Patrick (Vice President) David Sassano (Architectura{ Historian) Linda Riley (Secretary) Todd Zeiger t°~~.1.Yr'"l'. "c a Y'. tk~~~x y ~ / ur~~' P . 1 x ~5.~~ y 1 i!,A _... ~Y '~0 S ''i i . ~ _ ... \~ J f ,. X~ - I ~C.. .~''- .. ._i .-~~ ~~~r' .. - WX •--'._~ ~ ~ ~ 4~~6 : .; : i ~ 4~ ~ « ~ ~- T ~ R: Rite 'r ~' r .j ~y y,,,tE ~ ..- ~ - -_ '~ b , ~''i;"~rt {1tsn~us~ .:., ~~ ; ~'r~ ~uf ;i,, ' ~ ~ ~ ~ kr `,~,,,,,, _ 1 ~j t ~' ~ i ~ E ! ~~ ~ ~ ly. ~ ': i - - .~ ~ ~ { ~ ~~~l~t Z:~ ' xg~. ' ~ I's ~ _ ~': _. t~1' _ J , ~ ~~~ -~iY ltd" 1 • ~ - ~~~+ {~~ ~ w ~~ ,-1: ,.. _t rd r- ~~ ~. "` ~ ,..~ ' i'1~~' ~ ' mo '" ~ wa South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Timothy S. Klusczinslci, President May 29, 2009 South Bend Common Council 455 County-City Building 227 West Jefferson South Bend, IN 46601 Dear Members of the Council, Catherine D. Hostetler, Director I~~~~ ~~~ ~z-~~ Please find the attached Ordinance which has been prepared for introduction to the Common Council. The purpose of this ordinance is to establish the property at 305 South Eddy/1032 East Wayne as an Historic Landmark. The di scribed real estate is Lot 1, Lister's Sub of Comells Large Lot 23. At its Public Hearing on May 18, 2009, the Historic Preservation Commission recommended designation of this property to the Common Council. A copy of the Staff's favorable review and recommendation along with the homeowner's consent regarding this property are also enclosed. Respectfully subm' ted, Catherine D. ostetler, Director Mary Jane Chase (Treasurer} Linda Riley (Assist. Sec) Phone:574-235-9798 Fax:574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us A Certified Local Government JL~1 _- 2 't~9 . SOHN ~OOPDE~ • ~ . Ems{ CLRK, 50. BEND, i1N. ;; k -: ~ : • _ F ~` COMMISSIONERS • ~ ~ ~ ; (' , Q_ Jerry A. Niezgodski ` Lyrin Patrick (Vice President} Todd Zeiger":,~ ' ' ' ~~David Sassano (Architectural Historian) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE AND ESTABLISHING A HISTORIC LANDMARK FOR THE STRUCTURE AND REAL PROPERTY LOCATED AT 305 EDDY STREET/1032 EAST WAYNE STREET, IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Owners of the property located at 305 South Eddy Street/1032 East Wayne Street, in the City of South Bend, Indiana, (the "Property") have petitioned the Historic Preservation Commission of South Bend and St. Joseph County (the "Commission") to have the Property designated as a Historic Landmark pursuant to South Bend City Ordinance No. 5565-73, as amended. The Property is located within the Howard Park Historic District, the Howard Park National Register District and is recognized in the City of South Bend, Historic Sites ar~~d Structures Inventory with a rating of "Contributing" meaning that the property is not important enough to stand on its awn individually, however, it is important to the density or continuity of an area's historic fabric. The staff of the Commission has prepared a report and recommendation for the Commission, which has reviewed the petition of the Owners and the report prepared by the staff and has heard and discussed the recommendation of the staff for the designation of the Froperty as a Historic Landmark. The Commission has conducted a public hearing, for the purposes of hearing comments on the designation of the Property as a Historic Landmark and for delivering a recommendation to the Common Council, and following the public hearing, the Commission has given its favorable recommendation to the Common Council of the City of South Bend to designate the Property as a Historic Landmark pursuant to Ordinance No. SSF5-73, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: ~, Section 1. Designation. The structure and real property located at 305 South Eddy Street/1032 East Wayne .Stxeet, in the City of South Bend, Indiana, shall be and hereby are designated and established as a Historic Landmark pursuant to Ordinance No. 5565-73, as amended. That such designated and established site is more particularly described as: Lot Numbered One (1) as shown on the recorded Plat of Sorden Lister's Subdivision of Block Numbered Twenty-three (23) in Samuel L. Cottrell's First Addition to the Town of Lowell, now within and a part of the City of South Bend, St. Joseph County, Indiana Tax Key No. 18-6006-0124 Section 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor according to law. ~€~~:~ ~~' rv4a;~ ~;%~ ~5 a~'s~ ~~ ~:~iPB~S: ali ~~ ~~~ ~ D~~t3~E~Ft ~ ~~'~6=r Id;a~il~~ agl~ ~url~l a~t~~l ea ~E~ ~E~u~, ATTEST: City Clerk Member of the Common Counci Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock .m. City Clerk Appro~•ed and signed by me.on the day of o'clock .m. 1st READfNG ~~ -~ t PUBLfG FIEA°fNG 3 rd READENG NOT APPROVE REFERRED PASSED 2009, at Mayor of the City of ~tl~l~ 1~t ~I~C~~'~ ~~~~~~ ~U~ - ? 2D~9 4iTY Ct.c}h~, ~y~. ~ ~~i ~. ~i'1. 305 South Eddy/1032 East Wayne Based upon the Historic Preservation Commission's Local Landmarks Criteria as adopted by the Common Council, the site at 305 South Eddy/1032 East Wayne can be recommended to the Common Council for designation as a Local Historic Landmark by the Historic Preservation Commission. The building meets the criteria in at least three areas: 1. Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent an architectural characteristic or innovation. 2. Its suitability for preservation. 3. Its identification with the life of a person or persons of historical significance. The building fulfills criteria #1 as a surviving example of a gable front cottage built in 1882 of native South Bend yellow brick and local materials. The building fulfills criteria #2 because the integrity of its original construction design and its original materials are intact and readily identifiable. The building fulfills criteria #3 by its association with Sorden Lister a member of one of the early pioneer families of St. Joseph County of the 1830s; he also served as postmaster and First Ward Councilman. The structure served as a physician's office from 1957-1982 for Dr. Agatha Wilhelm's Internal Medicine practice. Dr. Wilhelm graduated from Northwestern School of Medicine in 1936 became assistant director of the South Bend Medical Foundation between 1936-1943 and had a fellowship of Internal Medicine at Mayo's Clinic between 1941-1943. Her first husband was Joseph W. Lauber (died 1964) son of Joseph C. Lauber (1869-1947), founder of J.C. Lauber, a local roofing and sheet metal concern that it still family owned. The building is currently owned by Elizabeth Lauber, M.D. and was used by her to house her medical practice. She is the daughter of Dr. Wilhelm and Joseph W. Lauber. ~.~ ~l1~~ I~ ~~ s~' b~ ~ ~a~~~ ~ ~ ~ - 2 2009 sc~,r~ ~oas~~ errs c~~~~, so. €s~r~¢, -r~. 51387 Portage Road South Bend, Indiana 46628 May 15, 2009 Catherine D. Hostetler Historic Preservation Committee 125 5. Lafayette Blvd. South Bend, Indiana 46601 Dear Catherine: I would like to place my office at 1032 East Wayne St. South Bend 46617 on the historic preservation roster. I do not know all that is required to do so, but am asking for your assistance and direction. I appreciate all help that you can give me. Thank you and sincerely, ~~~ Elizabeth Lauber ~~~G~WI Yf1 '4,i1~~~~i~ F„~'~kW~ JUN - 2 2009 ~F~i~~\ ~t~Vi'.ui " CITY CLb ~fK, vC. ~~Ta?, f(~. South Bend and St. Joseph County HISTOIaIC P'RESERVATIOI~ COIVIMISSIOl~t 227 WEST JEFFERSON BLVD. SOUTH BEND, IN 46601-1830 Phone:574-235-9798 Fax: 574-235-9578 e-mail: SBSJCHPC@co.st-joseph.in.us Timothy S. Klusczinski, President A Certified Local Government Catherine D. Hostetler, Director HISTORIC LANDl~~IARI~ AGREEMENT I, the undersigned property owner, do hereby grant the Historic Preservation Commission of South Bend and St. Joseph County the permission to have: 305 South Eddy ~ /~3.Z ~ ~Ja~-c. South Bend, IN 46617 declared an historic and architectural landmark under ordinance. I also approve of the classification of this property under Group B Standards. ~~~~~ l~~ Signature of Property Owner Date ~__-.._.~~....~__..~._. JI!,t - . r~rii( ~,Y~ ~.M~ C1TY GLE!~, ~L', 2. +~, X41• __ Mary Jane Chase (Treasurer) Jerry A. Niezgodski COMMISSIONERS Larry Meteiver (Atfomey) Lynn Patrick (Vice President) David Sassano (Architectural Historian) Linda Riley (Secretary) Todd Zeiger Howard Park Historic District (201-597-43001-063) 305 South Eddy/1035 East Wayne ,,:,,; _ ~. 7009 ~r~ c-~~r c~_~~~ ,..~ r _.. ~~- ~~~ 1~ ~ ,,.~ 1~" 1 I, ~, , . ~ ~ ,'r f t . ••ikb 1Ll ~ ~ } ~ w4. -. ~. 11 1 II 4ti 7 i r i; ... ~.~ ~. 1 St St rli 4 4 ,. a 'y~wVCS r ry1F~ h"; k,vgS .t. ry._ l~ 1 t I ~' i .. ~ ~ y, rn~ ~ 1W^1 : ~ ~ '~ I ~4 y 1 II ~ i '' S ' `3~ ~ ~ ~ 4 ~ e,~. ~ ~ q '~ ~ Y 'a :" ill '1 t 1~~ { ` 1 z jt r~ L5 I / ' t e ,. ~# ~". I tl ~1 O"' ~, ~ "~ Al I .,I`.'L.~' ~ .. ~ ~ w~1 ~ ~ ~ Itl F , '.1 ',t ~• ,. §' it ' I , r f '{ I t ~~ "~~ ,{~,~;~t ~` 11 ~~ '~ ' 1 ~ ~. =; ~_ ,~ ~ ~.,~ s _ ., ~t` t ~~ ~t.. T ~ ... ~ i ,Y .f ..r . ~ ~j~jJJ~~ t t f i _ - ~ .~P.~~ j ~',K~ 1F ti~~ 1, • . .ti ~ i ~ .. ~I~f • :-~: t F + a..~ t ~~~ ~~~ tali ~' '~ ~. County-City Building ' 227 W. Jefferson Blvd. 12th Floor South Bend, IN 46601-1830 Phone: 574.235.9216 Fax: 574.235.9928 TDD: 574.235.5567 City of South Bend ~^- Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4th Floor South Bend, IN 46601-1830 Re: Hall of Fame building repairs Dear President Dieter: It,is now necessary to make some various building repairs due to aging of equipment and the building. All suggested repairs are attached for Council review. I will present this ordinance at the regularly scheduled Personnel & Finance Committee meeting. Thank you for your consideration in this matter. ' Sincerely, _.. , M. Catherine Fanello, CPA Controller -: ~ '. cc: Common Council Members ~ ~ . _ _~ _ _ _ ' Mayor Stephen Luecke ' ,~~oummirr ~,. o '-d .,,. ~"r' ~t~--. ~ ~• ~,'. t~.,, ~ d: 'rF;.acF ~. x I$65 x~ ,_. L ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIAI®IA, APPROPRIATING $74,500 FROM HALL OF FAME DEPRECIATION FUND (#677) . STATEMENT OF PURPOSE AND INTENT To make building repairs at the Hall of Fame it is necessary to appropriate monies from Hall of Fame Depreciation Fund (#677}. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of $74,500 is hereby appropriated from and set aside within Hall of Fame Depreciation Fund (#677) for the purpose of repairs to the building, which is owned by the City of South Bend. 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 pub~l(i~cat~iorn as required by law. Member of the Common Cou c 1 Attest: ~n~f ~it{~ L~3 ~ ~~~' fi~~~1 ~tF~t~~,~ ~E~w~i~ 1~~ F€~~~~;~~~~ City Clerk ~~ ~~•1~~ ~ ~~u~ st ~;Eq s;.~ ~9 6t!tufitg 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 .~._..._. .. - m. day of , 2 , at o'clock i5t R~aair~c r~~-o~ PUBLiC FiEARlI~tG 3 rd REAI?It~IG NOT .APPROVED.: REFERRED PASSED Mayor, City of Sou h .Bencla- 4. ~~ -.,.:~,9 ~. ~-•p ~, JUN - 3 2CC~ `, t~ . E .. C_~ . dG~i+t :f~~:~BE~e ~ '. C1-YGL~e:°:, fir. 4E;xD; I?~~.' ~ `:~. ~e ;_ .. . College~Football Halt of Fame Capital Cost 2009 . Replace 2 compressors, motors, rotors, and screws on the Trane cooling system 45,000.00 Replace cracked coil on the air handler that services the main level 8,000.00 Replace mixing valve, valve, and thermostat on tempered water line 1,500.00 Adjust and rebalance air handler system and pneumatic controls 1,500.00 Replace 7 exterior outlets and 3 electric panel breakers 1, 500.00 New lock cores for Power {evel security doors 500.00 Rep ace set o 2 ire oors ea ing to tunne , a dust ower eve ,Wort east stair oor to close and latch smoothly, replace all weather stripping around 6 sets of entry doors 7,500.00 Replace 2-1/3 hp pumps and 2 -1/2 HP motors 2,000.00 Replace 15 exterior light fixture where seals and/or ballast have failed 5,000.00 Replace one 6' x 6" pane of glass on the west side of building 1,500.00 Cost to separate fire alarm system from Century Center 500.00 Tote{ 74,500.00 Prepared b Mark Maurer o`~aL'1 Fr ~~~ ~" ~.~=: ~ `tea,.. x x 1865 - County-City Building Phone: 574.235.9216 227 W. Jefferson Blvd. 12th Floor Fax: 574.235.9928 South Bend, IN 46601-1830 TDD: 574.235.5567 City of South Bend Stephen J. Luecke, Mayor Department of Adminstration and Finance M. Catherine Fanello, Controller Derek Dieter, President South Bend Common Council County-City Building 227 W. Jefferson Blvd. 4th Floor South Bend, IN 46601-1830 Re: Ordinance borrowing funds from other city funds Dear President Dieter: Since the 2009 tax bills have not been sent out by St. Joseph County, it is necessary to transfer monies by June 30, 2009 from various city funds to the depleted property tax funds in order to meet operational expenses. All funds will be paid back once property taxes are received and must be paid back by December 31, 2009. However, should this borrowing extend into 2010 because 2009 property taxes are not received, another ordinance will need to be filed declaring an emergency in order to extend the borrowing past 2009. I will present this ordinance at the regularly scheduled Personnel & Finance Committee meeting. Thank you for your consideration in this matter. Sincerely, ~ ~ L~,~~ M. Catherine Fanello, CPA Controller P~ l1 I-~o `{Y-~`I cc: Common Council Members Mayor Stephen Luecke ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTII BEND, INDIANA, TRANSFERRIl`TG MONIES FROM VARIOUS FUNDS TO DEPLETED . PROPERTY TAX FUNDS WITHIN THE CITY STATEMENT OF PURPOSE AND INTENT Due to the circumstance that St. Joseph County will not be able to send out 2008 pay 2009 property tax bills on time in order to provide a property tax settlement with the City of South Bend in June of 2009, it has become necessary to temporarily transfer monies from various Funds within the City to depleted Property Tax Funds to meet current operational expenses. All Funds from which temporary transfers are to be made have monies sufficient to accommodate these temporary transfers. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII, OF THE CITY OF SOUTH BEND as follows: SECTION I. The aggregate sum of $ 17,700,000 shall be transferred from the following Funds as follows: A. $7,500,000 from Fund No. 711 Health Insurance Fund; and B. $6,500,000 from Fund No. 102 Rainy Day Fund; and C. $3,700,000 from Fund No. 227 Loss Recovery Fund SECTION II. The monies totaling an aggregate sum of $17,700,000 transferred per Section I from Fund Numbers 711,102, and 227 shall be deposited and loaned temporarily to the following Funds: A. $10,500,000 to Fund 101 General Fund; and B. $3,500,000 to Fund 201 Park General Fund; and C. $1,400,000 to Fund 701 Fire Pension Fund; and D. $1,500,000 to Fund 702 Police Pension Fund; and E. $800,000 to Fund 313 Hall of Fame Debt Service SECTION III. All monies transferred under Section I to the Funds designated in Section II shall be paid back to the originating Fund by December 31, 2009 SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of the Mayor. Attest: City Clerk iP~ ;fie Member of the Common Council' y~ ~q7 ~ t p G ~S' v isf'L tQ~((l y~~~i 6d~i @tS~ a"r~7 ~ir"~'`d~ Y~Ss b.Y~s7i~ ~+14J Courtly! ~~~n ~~~ ~~S s~~, Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2009, at o'clock m. Approved and signed by me on the o'clock m. i st lt~rl~ ~' `~ ~~~ PllBt{(~ HEARlt3G ~3 rd READING NOT APPROVED Deputy City Clerk day of , 2009, at Mayor, City of South Bend JUN - 3 2009 JC;.N VOCRDE CITY CLERK, 60. B'sNiJ, lPl. ,. REFERRED PASSED '~ _` i~~~~~a~ i ~~f~"~~ i ai'if~ ~iSJ~r.Efi i ~,c~~ ~ `~'~i. ~~ ,. LAND SUR~/EYING • CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. June 2, 2009 City of South Bend Common Council 4~' Floor, County-City Building South Bend, Indiana 46601 Re: Rezone Petition Statement of Intent for: 1351 ad 1355 Pyle Avenue To the Common Council, The petitioned parcel is located at 1351 ad 1355 Pyle Avenue in South Bend. The parcel is currently zoned SF1 Single Family and Two Family District and is vacant. The petitioner wishes to locate an office facility. In order to achieve this, a rezoning to O Office District shall best suit this facility. Sincerely, fci'~~,f i.,i .'~*}~Sil~p~u ~~~I~~ -- 2009 I t......._....._ ..... .....-..,_ G.,-~ - , °,. IjJ. 13"~\l Ida. ys- a5 SUS-DiV{SIONS . BOUNDARY SURVEYS TOPOGRAPHIC SURVEYS CONSTRUCTION SURVEYS ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT1351 AND 1355 PYLE AVENUE AND THE ADJACENT VACANT LOT LYING TO THE NORTH, COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT The purpose of the rezoning is to allow for the construction of an office building which will require a change in the zoning from SF1 Single Family and Two Family District to O Office District. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION I. 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: 1351 Pyle Ave. South Bend, 1N 46615 Part of Lots Numbered One Hundred Ninety-three (193) and One Hundred Ninety-four (194) as shown on the recorded Plat of Edison Park Addition of the City of South bend, which part is bounded by a line running as follows, viz: Beginning on the Easterly line of said Lot 194 at a point 20 feet Southerly, measured along said Easterly line from the Northeast corner of said Lot; thence Southerly along the Easterly line of Lots 194 and 193, a distance of 56.56 feet; thence Southwesterly in a straight line 159.77 feet to a point on the Southwesterly line of said Lot 193 which point is 31.30 feet measured along said Southwesterly line from the Northwest corner of said Lot 193; thence Northwesterly and Northerly following the lines of said Lots, a distance of 81.36 feet to a point 20.70 feet South measured along the Westerly line from the northwest corner of said Lot 194; thence northeasterly in a straight line 174.05 feet to the place of beginning. 1355 Pyle Ave. South Bend, 1N 46615 Part of Lots Numbered One Hundred Ninety-four (194) and One Hundred Ninety-five (195) as shovrn on the recorded plat of Edison Park, a subdivision now within a part of the City of South Bend, recorded in Plat Book 17, page E, described as beginning as beginning on the Easterly line of said Lot 195 at a point 10 feet Southerly measured along said Easterly line from the Northeast corner of said lot; thence Southeasterly along the Easterly lines of said Lots 195 and 194 a distance of 56.53 feet to a point 20 feet southerly, measured along said Easterly line, from the Northeast corner of said Lot 194; thence Southerly 174.05 feet to a point on the Westerly line of said Lot 194 from the Northwest corner thereof; thence North along the Westerly lines of said Lots 194 and 195, 78.61 feet; thence Easterly on a straight line 159.30 feet to the place of beginning. Vacant Lot Lot Lettered A as shown on the recorder Plat of Edison Lark Second Replat, recorded October 21, 1994 as Document Number 9439764 in the Office of the Recorder of St. Joseph County, Indiana. be and the same is hereby established as O Office 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. V~-~-~. c~ . ~ ~Q.~ ~ C~- Member of the Common Council Attest: City Clerk ~lgnirg of ~~a~ l3iii bs o~l~ #o pso9Jlde ~:~ oppoctc!ni~y f;;r p~~liC i~~a;ing and Council motion o~ lhis ~sa~, Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _.m. City Clerk Approved and signed by me on the day of o'clock .m. 1 st R~AD[t~lG b _g ~~ PUBt.iG HEARING 3 rd READ1f~G trOT APPROVED REFERRED RASSED ~il=vd In ~i~r°~'s Ofific~ M JUN - 3 2009 JOS°it5 Vf3GP~DE CITY Gt.EIdK, Bt3.6Et~E®, i~. 2009, at r, City of South Bend, Indiana Date Filed Application loo. Date received by the Area Plan Commission 1 (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: 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north 2.) Name and address and phone no. of property owner(s) of the petition site: Tiberius &Sorin Mihalach 53059 Trinity Court Elkhart, Indiana 46514 574-255-7272 3.) Name and address and phone no. of contingent purchaser(s), if applicable: none 4.) It is desired and requested that this property be rezoned from SF1 Single Family and Two Family District to O Office District 5.) This rezoning is requested to allow the following use(s): The construction of an office facility. 6.) Attached is a copy of (a) legal description of the property; (b) seventeen (17) preliminary site plans; (c) a statement of purpose and infent; (d) a list of names and addresses of all property owners and the tax key numbers for all properties within 300 feet of the petitioned 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 str, et names, printed in 8 '/z X 11. Tiberius Mihalach Sorin Mihalach 53059 Trinity Court 53059 Trinity Court Elkhart, Indiana 46514 Elkhart, Indiana 46514 Petition Prepared By: Lang, Feeney & Associates, Inc. J. Bernard Feeney 715 South Michigan Street South Bend, Indiana 46601 574-233-1841 1 tf~43 lit iv.+. a rL '~ ~-~ '~'~ .-..........-.....s-....-.~~~-~-.+--^~ JU^~ - 3 ~Ov9 p.~q~r acs{~a ~~p~~~~~ - V,1, ~iLEii F'C, 7O. G~S'~~~ ~k~. 024-1001-0120 024-1002-0121 024-ICO1-0122 RICHARD J & LISA J ANDRYSIAK JEROME MC INTOSH LOI H TU & THI DANH HUONG 2517 EDISON RD 2511 EDISON RD 2501 EDISON RD SOUTH BEND IN 46615 SOUTH BEND IN 46615 SOUTH BEND IN 46615 024-1001-0126 TAMARA L ROSSOW 2512 CORDON CR SOUTH BEND IN 46635 024-1001-0127 WOLF ANNETTA R REVOCABLE TRUST 2508 CORDON CR SOUTH BEND IN 46635 024-1001-0125 ANNA B REYNOLDS 2516 N CORDON CIRCLE SOUTH BEND IN 46637 024-1001-0459 UNITED STATES OF AMERICA POST OFFICE SOUTH BEND IN 46635 018-5155-586801 E A MCCLURE P.O. BOX 1750 MARION IN 46952 018-5155-5870 CONNIE J PEARSON 1318 CHII~~IES BLVD SOUTH BEND IN 46615 018-5155-5873 GEORGE M & ETHEL SCARBERRY 1306 CHIlVIES BL SOUTH BEND IN 46615 018-5155-5913 LAURA R PERKINS 1343 PYLE AV SOUTH BEND IN 46615 018-5155-5940 PATRICK R HURTEKAN'T 2504 EDISON RD SOUTH BEND IN 46615 024-1001-0396,0397 LOCAL 364 BLDG CORD 2405 EDISON RD SOUTH BEND IN 46615 018-5155-5868 CLEMENT PROPERTIES LLC 3930 EDISON LAKES PKWY MISHAWAKA IN 46545 018-5155-5871 ORLEN H AND JOAN MARIE BILTZ 1314 C1~VIES BLVD SOUTH BEND IN 46615 018-5155-5874 SHERYL L HOVER 1302 CHIIVIES BL SOUTH BEND IN 46615 018-5155-5912 RYAN T & SU5AN M GREUTMAN 1339 PYLE AVE SOUTH BEND IN 46615 018-5192-7530 JOHN F BOURTHOUMIEU 1356 PYLE AVE SOUTH BEND IN 46614 018-5142-7532 018-5192-7533 MAURICE AND QUEENIE PROSTMAN NICHOLAS L BERKEBILE 1344 PYLE AVE 1340 PYLE AVENUE SOUTH BEND IN 46615 SOUTH BEND IN 46635 018-5155-5939 018-5192-7535 MARK A WACKER ESMIR & MELANIE L KRIVDIC 2514 EDISON RD 2515 MACARTHUR AVE SOUTH BEND IN 46615 SOUTH BEND IN 46615 024-1001-0394,0395 J PATRICK MCGANN 2313 E EDISON RD SOUTH BEND IN 46615 018-5155-5869 IRVIN J AND HELEN A MANUSZAK 1322 CHIMES BL SOUTH BEND IN 46615 018-5155-5872,018-5192-7553 GALEA AGOSTINO 2212 S FRANKLIN SOUTH BEND IN 46613 018-5155-5914 CONNER H CLAY N 1347 PYLE AVE SOUTH BEND IN 46615 018-5155-5911 BETH A HOLLISTER 1335 PYLE AV SOUTH BEND IN 46615 018-5192-7531 WILLIAM BLAUVELT 17631 COBBLESTONE CT. SOUTH BEND IN 46635 018-5192 7534 DALE UHL 2505 MAC ARTH[IR SOUTH BEND IN 46615 018-5155-5938 JANET M GRAEBER 2518 E. EDISON ST. , SOUTH BEND IN 46615 018-5153-569003 018-5153-578901 018-5153-5789 C WESLEY MAGNUSON JR ERNEST S & DOROTHY A ~~ B YOUNG 1331 CHIMES BLVD NOWOSTAWSKI 1317 CHIMES SOUTH BEND IN 46615 1321 CHIMES BLVD SOUTH BEND IN 46615 SOUTH BEND IN 46615 018-5153-5788 BRADLEY W & B LYNN CLEAR 1313 CHIMES BLVD SOUTH BEND IN 46615 018-5153-5786 BRUCE ALLEN AND SANDRA JEAN SMITH 1305 CHIMES BL SOUTH BEND IN 46615 018-5155-5910 RICHARD E. AND ESTHER L. STANTON 1329 PYLE AVE. SOUTH BEND IN 46615 018-5153-5690 RICHARD R & ERICA L BROECKER 1625 BELMONT AV SOUTH BEND IN 46615 024-1001-0119 MESHACK O. & ANGELA OSIlZO 2521 EDISON RD SOUTH BEND IN 46615 018-5155-5937 MARY M FARRELLA 2522 E EDISON RD SOUTT-i BEND IN 46615 018-5153-5787 MARGARET GROSS, MARTHA POCZA GABRIELLA GRAMMATIC MARTHA CSATLOS LIFE ESTATE 1309 CHIIvIES BLVD SOUTH BEND IN 46615 JUN - ~ 2009 ~C3'rE V~t?. Ofs~`OS fE~i, ctt r c~~:9~:, BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND 125 S. Lafayette Bivd. Suite 100 South Bend, Indiana 46601 (574) 235-9554 Fnx: (574) 235-5541 May 26, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception ' BZA 5/21/09 Dear Council Members: The above referenced petition of Robert L. Miller, Sr. was legally advertised on May 1, 2009. The Board of Zoning Appeals gave it a public hearing on May 21, 2009, at which time the following action was taken: Upon a motion by Mr. Hoffman, being seconded by Mr. Kilbase and unanimously carried, the petition for Special Exception for Robert L. Miller Sr. for a group residence in a "MU" district, on property located at 747 S. Michigan Street, is sent to the Common Council with a Favorable . Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Charles C. Bulot Building Commissioner CCB/cah MILLER, SI2. SPECIAL E~iCEPTION PURSUANT 2I -09.3(D) BOARD OF ZONING APPEALS CIT>' OF SOUTH BEND, INDIANA FINDINGS OF FACT ]. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFET`r', COIvIFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with ail building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the properh~ predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this 2 I st Day of May, 2009. YES NO ® RICHARD KII.,BASE ® CHRISTOPH HOFFMAN ® MAURICE HOBAN ABSENT ELONDA WILDER-HAMILTON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 747 S. MICHIGAN STREET, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 747 S. Michigan Street, South Bend, Indiana in-order to permit A SPECIAL EXCEPTION TO ALLOW A GROUP RESIDENCE IN A "MU" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Boazd of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council ~~1~~ In ~E~r~;'~ ~fif~v~ APR 2 ~ 2Q09 .~:~~~~~ dr~Q ~~~, %~PP~tC7it~d7 JLltid VOt3Q~DH ~DUPTEd3 CITY C~~K, 50. BEl~l2, !N. SOPKO, NUSSBAUiii, Ii~TABNIT & KACZMAI~EK ATTORNEYS AT LAW RICHARD A. NUSSBAUM, II• BRENT E. INABNIT•• MATTHEW R. KAC2MAREK JOSHUA A. VISSER KEVIN E. WARREN NICHOLAS J. OERDA 5TH FLOOR -PLAZA BUILDING 210 5. MICHIGAN STREET - P. O. BOX 300 SOUTH BEND, INDIANA 46624 TELEPHONE (574) 234-3000 FACSIMILE (574) 234-4220 E-MAIL ADDRESS: SNI®SNI-LAW.COM OF COUNSEL THOMAS C. SOPKO RONALD J. JAICOMO •AL90 ADMITTED IN MICHIGAN ''ALSO ADMITTED IN ILLINOIS April 29, 2009 Mr. Al "Buddy" Kirsits, Chairperson Zoning and Annexation Committee City of South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 Re: Petition for Special Use Exception for Property at 747 South Michigan Street, South Bend, Indiana 46601 Dear Chairman Kirsits: I represent Robert L. Miller, Sr., a contingent purchaser for property located at 747 South Michigan Street, South Bend, Indiana 46601. Judge Miller is a tireless advocate on behalf of veterans. He has been working with the Center for the Homeless, Inc. due to the fact that an inordinate number of veterans are in need of housing and other social services. The Center and Judge Miller have developed a program entitled "Miller's Vets Program". This programming consists of the following: Veterans Amnesty: Given the fact there are no VA emergency shelters, the Center for the Homeless is going to make available an extension of the current weather amnesty program so that veterans may immediately access emergency housing services during the course of the year. 2. Veterans Drop-In Center: An expansion of the veterans amnesty program is to include daytime services, both basic (laundry, food, clothing, hygiene) and supportive programming so that veterans may access medical, pension, disability, mental health/substance abuse treatment, adult education, and rehab services. 3. Veterans Permanent Support Housing: As a final expansion of the Miller's Vets Program, permanent housing will be considered and provided at the building located at 747 South Michigan. There is no current timetable for the permanent supportive housing, but it is important that additional emergency housing be provided to veterans. Page 2 Items 1 and 2 of Miller's Vets Programming may be provided at 747 South Michigan under the current "MU" zoning (Section 21-03-OZ of the City of South Bend Zoning Ordinance). These services are permitted uses under Section 21-03-02(a)(1)(F). However, the third component of the program which provides for emergency residential services, is a Special Exception Use under Section 21-03.02(a)(2)(F). Accordingly, Judge Miller is petitioning the Board of Zoning Appeals to consider this special exception for residential use in this mixed used district, as a preliminary step for Common Council approval. We look forward to discussing this important project with the Board of Zoning Appeals and the Common Council. Should you require additional information, please feel free to contact me. Sincerely, l~< ~ Richard A. Nussbaum, II Dickn~7a sni-law.com RAN/sc cc: Mr. Oliver Davis Mr. Robert L. Miller, Sr. Mr. Steve Camilleri P:\WP51\DOC\CFI-1\1trsZoning ~i~tl~ 11 ~j~r~C'~ ~$~j~~ APR Z $ ~ ac~~~ voo~~~ CITY CL~FciC, SQ. 8E4lD, iN.__ BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND PETITION APPLICANT`S NAME: Robert L. Miller, Sr. d/b/a Miller's Vets Phone: 574-243-9777 ADDRESS: 17525 Douglas Road L-9, South Bend, IN 46635 ADDRESS OF PROPERTY; 747 S. Michigan Street, South Bend, IN 46601 PRESENT ZONING OF PROPERTY: Mixed Use OWNERS'S NAME: LC Typesetting Co., Inc.; phone: 574-233-6600 ADDRESS: 1858 Hass Drive, South Bend, IN 46635 COUNSEL OR CONSULTANT: Applicant and Richard A. Nussbaum, II Phone: 574-234-3000 ADDRESS: ~ 10 S. Michigan St., 5th Fl., Plaza. Bldg., South Bend, IN 46601 NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION: Applicant is a contingent purchaser from Owner and intends to assignand/or contribute his interest in the property to the Center for the Homeless, Inc. for its use in rendering humanitarian and charitable care and comfort for homeless veterans. Said caze shall be compazable to that currently extended in its present facilities, being the second building(s) south of this property. Said uses require under the Zoning Ordinances a "Special Exception Use" classification to permit "Group Residents" consisting of persons not related by blood, legal adoption or marriage (Section 21-03- 02(a)(2)(F). The potential number of persons will be based upon the number of eligible applicants. Currently 20 to 30 veterans are cared for each night. Estimated this property would permit the doubling of that number, limited only by physical amenities (plumbing) etc. (continues on page 2). We attest under the penalties for perjury, that the foregoing representations are true. Signature of Prope Owner by attac ed Power of Attorney ~~. t~. Contingent Purchaser P:1WP51\DOG1CfiHlpetition Page Z Petition of Robert L. Miller, Sr. Applicant is also requesting a Parking Variance from the required ten (10) parking spaces to zero (0). In support of this Variance request, a letter from the. Center for the Homeless, Inc., the property owner immediately north of 747 South Michigan Street, South Bend, Indiana is attached indicating the availability of parking in excess of the required ten (10) spaces. The Special Use Exception: Will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. In fact, the Special Use for GROUP RESIDENCE will address an important community need by providing services and housing for veterans who as a group have a documented need for social and residential services. 2. The proposed Special Use for GROUP RESIDENCE will not injure or adversely affect the use of the adjacent. area or property values. Some of the properties in the immediate area have suffered from lack of use. In addition, the Center for the Homeless has provided services in the adjacent area which has improved property values, and this use will supplement the success of the Center. 3. The Special Use for GROUP RESIDENCE will be consistent with the character of the district in which it was located and the land uses authorized therein. As stated above, there is already a group residential facility and office for social/health services within the same block. 4. The proposed use for GROUP RESIDENCE is compatible with the recommendations of the City of South Bend Comprehensive Plan. EX>E~BIT LIlVIITED POWER OF ATTORNEY Know all men by these presents, that LC Typesetting Co Inc, an Indiana Corporation operating in St. Joseph County, State of Indiana does hereby appoint Robert L. Miller Sr. and/or Richard A. Nussbaum, practicing Attorneys in the City of South Bend, State of Indiana, to be its true and lawful attorney/s-in fact with full power in its name and stead for and on its behalf to represent this Corporation as OWNER of a building and property located at 747 S. Michigan Street, South Bend, IN. in the action to change its zoning from Mixed Use to Special Use before the Zoning and Annexation Committee and/or the Common Council of the City of South Bend, Indiana, for the purpose of representing it on the pending zoning petition and to answer any and all questions thereon. I hereby ratify all that my said attorney/s-in-fact shall lawfully due or cause to be done by virtue hereof. L/ In Witness Whereof, I have hereunto set my hand and seal this ~ ( day of April 2009. LC Typesetting Co Inc. By 1 ~ ~~N~ ~ f ,~L~ rc~~f-ti-- President STATE OF INDIANA ) )SS: St. Joseph County Before me, the undersigned, a Notary Public in and for said County and State, came LC Typesetting Co Inc. by its President, and acknowledged the execution of the above Limited Power of Attorney" Witness my hand and official seal this -~ -f----- day of April, 2009 My Commission Expires: June 16, 2009 Si ature r~~ ~nn.~ Printed Name of Notary Public Eva G.Johnson Resident of St. Joseph County (Seal) This Instrument prepared by Attorney Robert L. Miller, Sr.#9361- 71;17526 Douglas Rd. L-9, South Bend, Indiana, 46635; Phone243-9777 Center for the Homeless Breaking the cycle of homelessness. Apri129, 2009 City of South Bend Board of Zoning Appeals 125 S. Lafayette Blvd. South Bend, IN 4bb01 Re: In reference to petition for parking variance 747 S. Michigan Dear Members of the Board, The puxpose of this letter is to confirm the Center for the Homeless owns and uses the parking lot immediately to the north of 747 S. Michigan. There are currently 38 spaces in that lot and approximately one-third of the spaces are used on a regular basis. The Center will make available at least 10 spaces for the use of the veterans' programs contemplated at 747 S. Michigan. Once the purchase of the building is formalized, a written agreement consistent with this letter will be drafted and signed. It is contemplated that the Center may own 747 S. Michigan at some future date. Therefore, the ownership ofthe parking lot and the building will be the same at that time. Sincerely, Tammy Oehm Director of Operations 813 S. Michigan St. South Bend, IN 46601 Tei: 574.282.8704 vax: 574.287.5023 www.CFH.net RICHARD A. NUSSBAUM, IP BRENT E. INABNIT" MATTHEW R, KACZMAREK JOSHUA A. VlSSER KEVIN E. WARREN NICHOLAS J. DERDA 'ALSO ADMITTED IN MICHIGAN "ALSO ADMITTED IN ILLINOIS SOPKO, NUSSBAUM, INABNIT & KACZMAI~EK ATTORNEYS AT LAW 5TH FLOOR -PLAZA BUILDING 210 S. MICHIGAN STREET - P. O. BOX 300 SOUTH BEND, INDIANA 46624 TELEPHONE (574) 234-3000 FACSIMILE (5741 234-4220 E-MAIL ADDRESS: SNI®SNI•LAW.COM April 29, 2009 Ms. Carolyn A. Henry Board of Zoning Appeals 125 S. Lafayette Blvd. Suite 100 South Bend, IN 46601 Re: Petition for Special Use Exception for Property at 747 South Michigan Street, South Bend, Indiana 46601 Dear Ms. Henry: OF COUNSEL THOMAS C. SOPKO RONALD J, JAICOMO I represent Robert L. Miller, Sr., a contingent purchaser for property located at 747 South Michigan Street, South Bend, Indiana 46601. 3udge Miller is a tireless advocate on behalf of veterans. He has been working with the Center for the Homeless, Inc. due to the fact that an inordinate number of veterans are in need of housing and other social services. The Center and 3udge Miller have developed a program entitled "Miller's Vets Program" . This programming consists of the following: 1. Veterans Amnesty: Given the fact there are no VA emergency shelters, the Center for the Homeless is going to make available an extension of the current weather amnesty program so that veterans may immediately access emergency housing services during the course of the year. 2. Veterans Drop-In Center: An expansion of the veterans amnesty program is to include daytime services, both basic (laundry, food, clothing, hygiene) and supportive programming so that veterans may access medical, pension, disability, mental health/substance abuse treatment, adult education, and rehab services. 3. Veterans Permanent Support Housing: As a final expansion of the Millers Vets Program, permanent housing will be considered and provided at the building located at 747 South Michigan. There is no current timetable for the permanent supportive housing, but it is important that additional emergency housing be provided to veterans. Page 2 Items 1 and 2 of Miller`s Vets Programming may be provided at 747 South Michigan under the current "MU" zoning (Section 21-03-42 of the City of South Bend Zoning Ordinance). These services are permitted uses under Section 21-03-02(a)(1)(F). However, the third component of the program which provides for emergency residential services, is a Special Exception Use under Section 21-03.02(a)(2)(F). Accordingly, Judge Miller is petitioning the Board ofZoning Appeals to consider this special exception for residential use (GROUP RESIDENCE) in this Mixed Use District, as a preliminary step for Common Council approval. In addition, a variance is being sought from the required ten (10) parking spaces to zero (0). Please note the Center for the Homeless, the owner of property immediately to the north has available parking spaces in excess of the amounts required, and has provided written approval for the use of that lot for individuals and employees making use of 747 South Michigan Street, South Bend, Indiana. We look forward to discussing this important project with the Board ofZoning Appeals and the Common Council. Should you require additional information, please feel free to contact me. Sincerely, ~~~ Richard A.~Nussbaum, II Dickn(a~sni-law.com RAN/sc cc: Mr. Robert L. Miller, Sr. Mr. Steve Camilleri P ~ ;x~P51\DQC\CFH11lrsZoring Canterl3ne of Existing 14"Alley - - PL- - 66~.. ~ -. `k rl~ ...._._. t W I '' I '~ ~ Proposed Men's ~ Slee!! ping Area j I - ~ ~ Prop. Festroom -~ l~ ~ ~_ I ~ Proposed Men's I Sleeping Area I b .D I L________ -U m I i m - W v o I ~ Proposed Men's a ~ Sleeping Area gyp. I_. Prep. rman's ~ Men's stroom ~ Rastroom ---t--^- ~ Proposed I Sleeping Area 1 Proposed Living Area -_-__ ~' ,: I. Prop. Office Snack Area i~ +I- 35' SOl1TH MICHIGAN STREET --noim~-~~~ Lines of Approximate Proposed Layout u~ xtsting 'artitions ['L - -PL i _J Propasa/~'ora Group Residence Far NAME 1 TAXMAILADD TAXMAILCIT Pq~ 01 MARANATHA TEMPLE INC 760 S MICHIGAN ST SOUTH BEND IN 46601 018.3 574 CENTER FOR THE HOMELESS INC 735 5 MICHIGAN ST 50LI'fH BEND IN 46601 01 ,~-i-1563 ~ {NDIANA AND MICHIGAN ELECTRIC CO ATTTAX PO BOX 16428 COLUMBUS OH 43216 i f~3n2z-oez2 THOMAS STANLEY & 1 ST SOURCE BANK A5 TRUS ATfN TRUST DEPT 100 N MICHIGAN 5T ,r .~. , Q78-3041-1583 M S R REALTY INC 814 S MAIN ST SOUTH SENd 1N 46601 018-3041-1586 M R S REALTY INC H14 S MAIN ST SOUTH SEND 1N A6601 018-3041-1588 LEINEN ARTHUR R JR & BRENDA SUE 22405 U512 49112 078-3022-0818 MARANATHA TEMPLE INC 760 5 MICHIGAN ST SOUTH BEND IN 46601 018-3041-1578 L C TYPESETTING CO INC 747 5 MICHIGAN ST SOUTH BEND IN 466D1 018-3041-157101 G M 3 B LLC 61546 MIAMI MEADOWS CT SOUTH BEND IN 46614 Di8-3042-1634 UNIVERSITY OF NOIRE DAME DU LAC % RICK K 836 GRACE HALL NOIRE DAME IN 46556 01H-3041-1576 THE CENTER FOR TWE HOMELESS INC 813 5 M1CH[GAN ST SOUTH BEND IN 466D1 078-3022-0816 BENDIX LOGAL 9 740 5 MICHIGAN 5T SOUTH BEND 1N 46601 OiH-3022-0819 MARANATHA TEMPLE !NC 7fi0 S MICHIGAN ST SOUTH BEND IN 46601 018-3041.1572 PEAK MONlCA M 8 1 ST SOURCE BANK- CO TRUS 553 E ANGELA SOUTH BEND IN 46617 018-3022.0849 GOLTZ RUTH G & GOLTZ HERBERT A ETAL C/0 721 E TLlTT ST SOUTH BEND IN 46601 Oi8-3D41-156801 744 SOUTH MAIN LLC 744 S MAIN ST SOUTH BEND IN 46628 018-3022-0820 MARANATHA TEMPLE iNC 76D 5 MICHIGAN ST SOUTH BEND IN 46601 018-3042-163001 CITY OF SOUTH BEND OEPTOF REOEV '1400 COUNTY CITY BUILDING SOUTH BEND iN 46601 018-J042-1630 Ivi S R REALTY INC 814 S A1AIN ST SOUTH BEND IN 466D7 018-3042-1631 M 5 R REALTY INC 874 5 MAIN ST SOUTH BEND SN 46601 078-3041-1577 CENTER FOR THE HOMELESS 1NC ATTN SHANNON 873 5 MICHIGAN 5T SOUTH BEND IN 46601 018-3041-1541 CENTER FOR THE HOMELESS INC 813 S hA1CHIGAN ST SOUTH BEND IN 46601 014-:1022-D817 SA-11TH EOWARO L & LAURA 1l21NT LEVY EDWAR 316 S EDDY ST SOUTH BEND IN 46617 018-3041-155901 I NDIANA MICHIGAN POWER COMPANY PO BOX 16428 COLUMBUS OH 4321fi- 6428 018-3041-1576 CENTER FOR THE HOMELESS INC 735 S MICHIGAN ST SOUTH BEND IN 46601 018-3022-0815 BENDIX LOCAL 9 740 5 MICHIGAN ST 50UTH BEND IN 46601 018-3041-1565 INDIANA AND MICHIGAN ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 U18-:1022-0874 BENDIX LOCAL ~9 740 5 MICHIGAN ST SOUTH BEND IN 46601 018-3022-tl849D1 BENDIX LOCAL #9 ~ 740 S MICHIGAN 5T SOUTH BEND IN 46601 018-3041-1515 CENTER FOR THE HOMELESS INC 735 S MICHIGAN 5T 50UTH BEND IN 45601 018-: 041-1561 INDIANA AND MICHIGAN ELECTRIC CO ATT TAX PO BOX 1fi428 COLUMBUS OH 43216 018-3022-0611 CITY OF SOUTH BEND FOR THE USE & BENEFIT 1200 COUNTY-CITY BUILDING 50UTH BEND IN 46fi01 018-3041-1573 PEAK MONICA M & 15T SOURCE BANK- CO TRUS 553 E ANGELA 50UTH BEND IN 466'17 018-3041-1564 INDIANA AND MICHIGAN ELECTRIC CO ATT TAX PO BOX 16428 COLUMBUS OH 43216 018-3022-0813 J & J ENTERPRISES 732 S MICHIGAN ST SOUTH BEND IN 46601 018-3022-0812 J R~ J ENTERPRISES 730 S MICHIGAN ST 50UTH BEND IN 46601 01 &3041-1550 G M 3 B LLC 61546 MIAMI MEADDWS CT SDUTH BEND IN 46614 018-3041-1571 G M 3 B LLC 61546 MIAh11 MEADOWS CT SOUTH BEND iN 46614 018-3041-1570 G M 3 B LLC 61546 M1Ah11 MEADOWS CT SOUTH BEND IN 46614 D1B-3022-0810 CITY OF SOUTH BEND FOR THE USE & BENEFIT 1200 COUNTY-CITY BUILDING SOUTH BEND IN 46601 018-3041-1559 PETER NEMETH PROPERTIES lLC fi13 DUBLIN DR MISHAWAKA IN 46545 BOARD OF ZONING APPEALS OF THE CITY OF SOUTH BEND I25 S. Lafayette Blvd. Suite 100 South $end, Indiana 46601 (574) 235-9554 FAX: (574) 235-5541 May 26, 2009 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception BZA 5/21/09 Dear Council Members: '(~~~~~ ~~~ o~-~f `I The above referenced petition of Charlotte Richmond was legally advertised on May 1, 2009. The Board of Zoning Appeals gave it a public hearing on May 21, 2009, at which time the following action was taken: Upon a motion by Mr. Kilbase, being seconded by Mr. Hoffman and unanimously carried, the petition for Special Exception to allow an adult care facility assisted living group home, on property located at 1823 S. St. Joseph St., is sent to the South Bend Common Council with a Favorable Recommendation. The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerel Charles C. Bulot Building-Commissioner CCB/cah RICHMOND SPECIAL EXCEPTION PURSUANT 21-09.3(D) BOARD OF ZONING APPEP.LS CITY OF SOUTH BEND, INDIANA FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking revelations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BEND COMPREHENSIVE PL 1N BECAUSE: It is the feeling of the $oard that the variance is blending into the overall Comprehensive Plan and is not deviating from its intent. CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: FAVORABLE RECOMMENDATION ADOPTED this ? I st Day of May, ?009. YES NO ® RICHARD KILBASE ® CHRISTOPH HOFFMAN ® MAURICE HOBAN AsssNT ELONDA R~ILDER-HAMII.TON RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1823 S. St. Joseph St. WHEREAS, Indiana Code Section 36-7-4-918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5-14-1.5-5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36-7-4-918.4, and WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for the property located at: 1823 S. St. Joseph St. in order to permit A SPECIAL EXCEPTION TO ALLOW AN ADULT CARE FACILITY, ASSISTED LIVING, GROUP HOME IN A "SF2" DISTRICT SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the South Bend Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Member of the Common Council Y c1 Lci~3 !,t: S. E:,T 'if!_i nom. ~r~3'¢; a`. a~li{ ~C?tl!'-CaJ ~C~II ~1Z ~IIS I~1~~'i ~ .. lp~~s~tv~t~ !b~ _ ~, C~ F+it~~ ~,PR~4 ~it~d !n ~Ierk'~ ~~ii~~ ApR 2 7 2x09 JOHN Y~~ ~~ i4t~, tF~. Ct1"Y CGt;FtK, ~DC~R?tE~ hoard ®f Zoning. App.eal~~ ~ . ®f .The City Of South Eend ~ . PETITION APLLICANT'S NAl11iE: Charlotte Richmond PHONE: 574231-4985 ADDRESS: 1515 Strathmore Court South Bend, IN 46614 ADDRESS OF PROPERTY: 1823 South St. Joseph Street South. Bend, IN 46613 PRESENT ZONING OF PROPERTY: "SF2" ~ .. . OWNER'S NAME: Albert~Eddie Jacobs ~ PHONE: 501-98.5-986.1 ADDRESS: 1004 Stevenson Cove Jacksonville, AR 72076 COUNSEL OR CONSULTANT: None .PHONE: NIA ADDRESS: NIA - NATURE OF APPEAL, VARIANCE,.OR SPECIAL EXCEPTION: My name is Charlotte Richmond. and 1 am seeking a special exception for zoning of 1823 South St.~Joseph Street, South Bend, Indiana 46613. ~I am a registered. nurse and I would like to open an Adult Group Home. This Adult~Group~ Home will house four adults with . physical disabilities and senior citizens needing support care, There will also be Support Staff in the home. This Adult Group Home will not be injurious to the public health .nor the safety of the neighborhood and v~rill maintain the comfort and moral standard of the community. This Adult Group Home wil{ inevitably improve the.ge.neral welfare of this neighborhood by supporting the Disabled and: Aging Adults of our community. This Adult Group Home will not affect the existing property. Itrrvill maintain, if not, improve the value of the property because I will have to abide by strict guidelines set by the State.. This means that not only the interior but the exterior as well will have to meet all safety regulations: This Adult Group Home will not affect the.adjacent properties in this area. By giving these disabled and aging adults a homelike environment to live together-like a family; we are taking on the responsibility to care for the senior citizens in our community. I attest. under the penalties .for perjury., that the foregoing`representationa are true. Signature of Property. -~~-- ~6 ~~ _` ,.Q `? ~ ~/~ 0 8-7043-1702 lnformalion shown on Ifils map is not warranted for accuracy or merchantability. Reproduction of Ih7s material Is no! possible without written pennlsslon of 61. Joseph County, Indiana. N Photography:Spring 2002 W~ Prepared by: 5t. Joseph CountyAudilorsOffice 227 W. 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