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Home My WebLink About08-10-09 Common Council Meeting Agenda & PacketAr~t~TnA SOUTH BEND COMMON COUNCIL MONDAY, AUGUST 10, 2009 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES 5. SPECIAL BUSINESS ~•nn D M 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 45-09 PUBLIC HEARING 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 53-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" 55-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK & ENVELOPES 56-09 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS .AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THEY PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS 8. BILLS, THIRD READING TIME: BILL N0. 45-09 THIRD 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 53-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED ~~REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" 55-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING $5,600 FROM THE MORRIS PERFORMING ARTS CENTER AND PALAIS ROYALE MARKETING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORMING ARTS CENTER TICKET STOCK & ENVELOPES 56-09 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THEY PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS 9. RESOLUTIONS 10. BILLS, FIRST READING BILL NO. 57-09 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILMANIC DISTRICT 4, IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: ea _Y ~~ WILLIAM D. LANG, PRES. JOHN B. FEENEY, L.S. TERANCE D. LANG, L.S. June 2, 2009 Le/`i~~~1,.1~ 1 L~P~L 1 Qi'i~u /'1J~~i..1/~il ~J~ 1~~~• L,4ND SUR4/EYING ~ CONSTRUCTION ENGINEERING 715 SOUTH MICHIGAN STREET • SOUTH BEND, INDIANA 46601 TELEPHONE 574/233-1841 • FACSIMILE 574/674-0374 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. Tlie 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, ~'z.E_~'•:~ .% '-~s~.,r`,~, as f..... --.__-----._~.. l , . -- ~ 2009 :_+ -,^ ~.d..._..._ ._.., _ ..._..m^_~ cl~~; ~ -.T,. ~~.~. ~~ l ll Igo . ~lS- 09 SUB-DIVISIONS 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 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: 1351 Pyfe Ave. South Bend, !N 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, IN 46615 Part of Lots Numbered One Hundred Ninety-four (194) and One Hundred Ninety-five (195) as shorn on the recorded plat of Edison Park, a subdivision no~v «~ithin 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. Member of the Common Council Attest: ~igsting ~~ ~e~ ~ -l i3 a';~1~ ~~ provil~~ ~;a o~aportc!nity fc;~ pl~~,ic i~c~~ing ~tid Council motion on fhis issue, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the 2009, at o'clock _.m. City Clerk day of Approved and signed by me on the day of , 2009, at o'clock .m. ~ Ss iz~acti~IG ~ -~ ``~ RUELIG HEARING 3 rd READIP~G t~OT APPROVED REFERRED GASSED ~il~~ [~ ~l~rlc'~ ~fifi~e P JUN - 3 2009 JOHN Vt~GP~GE ~15'Y CLEia~, ~4. I3I:i~ID, i~. City of South Bend, Indiana Date Filed Date received by the Area Plan Commission Application Flo. 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: 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north 2.) dame 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 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 petitioned property; and (e) addressed, stamped envelopes for al{ property owners within 300 feet of the petition property (f) a location map, if available, drawn to sca{e, which includes str, et names, printed in 8'/z X 11. ~~ ~ ~,~i~, ~~~~~~ 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 .~......... S J U ~J - 3 %C~u9 ~ a ~c<<~a t.iu~~; CITY ~l.Eni:, SQ. c;EI'?~, 4k'~• 024-1001-0120 024-1001-0121 024-1001-0122 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 GORDON CR SOUTH BEND IN 46635 024-1001-0127 WOLF ANNETTA R REVOCABLE TRUST 2508 GORDON CR SOUTH BEND IN 46635 024-1001-0125 ANNA B REYNOLDS 2516 N GORDON 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 CHIMES BLVD SOUTH BEND IN 46615 018-5155-5873 GEORGE M & ETHEL SCARBERRY 1306 CHIMES BL SOUTH BEND IlV 46615 018-5155-5913 LAURA R PERKINS 1343 PYLE AV SOUTH BEND IN 46615 018-5155-5940 PATRICK R HURTEKANT 2504 EDISON RD SOUTH BEND IN 46615 024-1001-0396,0397 LOCAL 364 BLDG CORP 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 CHIlVIES BLVD SOUTH BEND IN 46615 018-5155-5874 SHERYL L HOVER 1302 CIEIVIES BL SOUTH BEND IN 46615 018-5155-5912 RYAN T & SUSAN M GREUTIVIAN 1339 PYLE AVE SOUTH BEND IN 46615 018-5192-7530 JOHN F BOURTHOUMIEU 1356 PYLE AVE SOUTH BEND IN 46614 018-5192-7532 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 1N 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 CHIlvIES BL SOUTH BEND IN 46615 018-5155-5872,018-5192-7553 GALEA AGOSTINO 2212 S FRANKLIN SOUTH BEND IN 46613 018-5155-5914 CONKER H CLAY IV 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 ARTHUR 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 RICK B YOUNG 1331 CHIlVIES 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 1N 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 OSIRO 2521 EDISON RD SOUTH BEND IN 46615 018-5155-5937 MARY M FARRELLA 2522 E EDISON RD SOUTH BEND ]N 46615 018-5153-5787 MARGARET OROSS, MARTHA POCZA GABRIELLA GRAMMATIC MARTHA CSATLOS LIFE ESTATE 1309 CHIMES BLVD SOUTH BEND IN 46615 ~ i~itc~ a ~~aE~~ ~[~Ra?~ ~t"`t ~ ~u~ - 3 zoa9 c~~ c~.E'~:, ~t~. ~~da, ~1~, Area Plan Commission of St. Joseph County 1140 County-City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Phone 574 235-9571 www.stjosephcountyindiana.com/areaplan Fax 574 235-9813 July 22, 2009 .~~i~~ VS::~ The Honorable Council of the City of South Bend 4th Floor, County-City Building South Bend, IN 46601 1ZE: A proposed ordinance and site development plan of Tiberius & Sorin Mihalache to zone from SF1 Single Family and Two Family District to O Office District, property located at 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north, City of South Bend - APC# 2520-09 Dear Council Members: 1 hereby Certify that the above referenced ordinance of Tiberius & Sorin Mihalache was legally advertised on Thursday, July 9, 2009 and that the Area Plan Commission at its public hearing on Tuesday, July 21, 2009 took the following action: Upon a motion by John McNamara, being seconded by Ann Puzzello and unanimously carried, the proposed ordinance and site development plan of Tiberius & Sorin Mihalache to zone from SF1 Single Family and Two Family District to O Office District, property located at 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north, City of South Bend is sent to the Common Council with an unfavorable recommendation. The rezoning would intrude too deep into an established single family residential neighborhood. Office uses to this depth would adversely impact the residential uses on the east side of Pyle Avenue as well as the properties bordering this area to the south. The O Office district allows for higher intensity uses that are not compatible with the surrounding single family neighborhood. The impact on the neighborhood could also come from commercial traffic generated by this site traveling through the surrounding residential areas. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, ~~/kW. Byorni JWB:jsc Attachment CC: Tiberius & Sorin Mihalache Lang, Feeney & Associates Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~Ft ~~ ~'~vr~'~ ~.~(6Z'i~i 'i a ~5''- - ~..._~.- ~~y~ 2 2 2ao9 V(`i,..i\Ti ~' 3T ~"fin i• Gil `• tol._._ :`~d--- ....a„'._.--- r Staff Report AP0 # 2520-09 Owner: Tiberius &Sorin Mihalache Location: 1351 and 1355 Pyle Avenue and the adjacent vacant lot lying to the north Jurisdiction: City of South Bend Requested Action: The petitioner is requesting a zone change from SF1 Single Family and Two Family District to O Office District to allow for the construction of an office building Land Uses and Zoning: On site: On site is one vacant lot on the north end, and two single family homes on the south end, zoned SF1 Single Family and Two Family District North: To the north is a United States Post Office, and an office building zoned CB Community Business District. East: To the east are single family homes zoned SF1 Single Family and Two Family District. South: To the south are single family homes zoned SF1 Single Family and Two Family District West: To the west is a vacant lot and a gas station zoned CB Community Business District. District uses and development standards: The "O" Office District is established to promote the development of: general office uses and complexes; professional health care uses and complexes; limited public and semi-public uses; and, other uses which are generally compatible in physical appearance and service requirements to office uses. The potential for the development of multifamily dwellings is also provided. Site plan description: The site is approximately 0.76 acres. 31 parking spaces have been proposed on the northern portion of the lot. Parking and drives consist of 40.5% of the site. A 6,336 square foot building is proposed for the site, which accounts for 19.2% of the site. The remaining 40.3% of the site is open space. Zoning and land use history & trends: In 1994, a portion of the subject property (Lot A) located on the southwest corner of Edison Rd. . and Pyle Ave., was rezoned from Residential to Office. The subject property reverted back to Residential due to lack of development. In 2005 the subject property was petitioned to be rezoned from SF1 Single Family & Two Family District to MU Mixed Use District. This petition was denied by the City Council. Traffic and transportation considerations: Edison Rd. has four lanes. Pyle Ave. has two lanes. Utilities: City water and sewer is available. Additional information: (Agency comments) City Engineer: Change entrance to Edison Road. Drainage approval is needed. Tiberius &Sorin Mihalache #2520-09 Page 1 of 1 1. Cornprebensive Plan: Policy Plan: ' Objective LU 2: Encourage a compatible mix of land uses in the community. Policy LU 2.4: Provide buffer spaces between non-compatible land uses. Objective H2: Maintain South Bend's housing stock in good condition. Policy H 2.5 Pursue alternatives to the demolition of structurally sound housing. This petition is not consistent with the City of South Bend Comprehensive Plan (City Plan). The petition involves the demolition of two seemingly structurally sound single family homes, and offers inadequate buffering. Land Use Plan: City of South Bend Comprehensive Plan, November 2006 Future Land Use Plan: The map shows this property as residential. The rezoning is not consistent with the Future Land Use Map. 2. Current conditions and character: The petitioned property is located at the northern and western edge of a single family residential neighborhood. The area centered around the intersection of Ironwood Rd. and Edison Rd. consists of commercial and office uses. Commercial and office uses continue east from Ironwood to the western border of the petitioned property as well as to the north of Edison Rd from the petitioned property. 3. Most desirable use: The most desirable use for this property is maintain the existing single family homes with a possible small office use on the northern vacant lot. 4. Conservation of property values: The approval of this rezoning may have a negative impact on surrounding residential property values. 5. Responsible development and growth: It is responsible development and growth to allow sites to be appropriately redeveloped in keeping with the surrounding area, but at the same time preserving neighborhood stability while protecting entryways. Recommendation: Based on information available prior to the public hearing staff recommends that this petition be sent to the Common Council with an unfavorable recommendation. Analysis: The rezoning would intrude too deep into an established single family residential neighborhood. Office uses to this depth would adversely impact the residential uses on the east side of Pyle Avenue as well as the properties bordering this area to the south. The O Office district allows for higher intensity uses that are not compatible with the surrounding single family neighborhood. The impact on the neighborhood could also come from commercial traffic generated by this site traveling through the surrounding residential areas. Tiberius & Sorin Mihalache #2520-09 Page 2 of 2 Rezanin~ trim: Fife ISLE F~MILIf"' & T'~ F~i~tIL1~ C~ISTRI~T tc~ '~t~i' {~FFI~E [~I~TRI~T Boni n~ ~Gey SOUTH BEND "SF1" SINGLE FAMILY &TWO FAMILY SOUTH BEND "OB' OFFICE BUFFER SOUTH BEND "LB"LOCAL BUSINESS ~~a~~:~;r~"= SOUTH BEND "CB" COCv1MUNITI~` BUSINESS _l~ `._T.: S 1 i~~ch = ''~~ feet ~~~~ ~pU T$ ~,~ 4 ~i G, ,,,~,,~,~;,,,,~~ ~~ty ~f ~®t1.~h ~~nd U ~\ /~~ C ~~ PEACE ~~ ~~ ,-M ~a~ ~®mrn®n C®unci x Y865 ~ 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President July 21, 2009 Oliver j. Davis Members of the Common Council Vice-President 4th Floor County-City Building An P 11 South Bend, Indiana 46601 (574) 235-9321. Fax (574) 235-9173 TDD (574) 235-5567 http://www southbendin.gov I~ ~ ~\ ~J~ . <S 3 -~5 n uzze o Chairperson, Committee of the Whole Re: Proposed Ordinance to Amend the Conditional Use Lawn Parking Regulations Derek D. Dieter First District Dear Council Members: Henry Davis, Jr. Recently a meeting was held between the Office of the City Clerk and City Second District Administration members to discuss the ongoing implementation of the conditional use Thomas LaFountain lawn parking regulations. With the University of Notre Dame having seven (7) home Third District football games this upcoming season, namely on: Ann Puzzello September Sa' Nevada October 17~' USC Fourth District September 19 Michigan State October 24~' Boston College October 3rd Washington November 7~' Navy David Varner November 21 Connecticut Fifth District Oliver J. Davis planning for the processing of applications for the conditional use parking permit Sixth District program is well underway. Al "Buddy" Kirsits The attached ordinance would: At Large e Offer a 10% discount on the permit fees for those individuals seeking a Seasonal Timothy A. Rouse Conditional Use Lawn Parking Permit for ten (10) or more vehicles for an entire ND At Large home football season if applied for and issued prior to the first home game Karen L. White At Large o Change the filing deadline from Thursday to Wednesday prior to a home football game for applying for a permit e Make limited housekeeping changes which were not included in Ordinance No. 9889- 09 which changed the oversight responsibility from the City Controller's Office to the Office of the City Clerk We offer these proposed changes for your review and approval, so that they may be implemented prior to the beginning of this year's football season. Proposed Ordinance to Amend the Conditional Use Lawn Parking Regulations July 21, 2009 Page 2 We look forward to discussing this with you. Thank you. Most sincerely, Council Member Timothy A. Rouse ~~~il ~e ber t arse Council Member Al "Buddy" Kirsits Council Member at Large Attachment cc: The South Bend Common Council Office of the City Clerk filed ~~ Cfe~k'~ f3fifiee J U L 2 22009 JQNPI VQOE-tRE CITY CLERK, 50. EEh~,14~. Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" STATEMENT OF PURPOSE AND INTENT In 2007 the South Bend Common Council passed Ordinance No. 9785-07 which established regulations addressing special events in residentially zoned areas. That ordinance established a fair and systematic process to properly balance the responsibilities of person(s) who host special events which occur in residential areas, with the rights of the surrounding residents and neighborhoods. Last year the City Administration requested that the duties regarding conditional use lawn parking permits be transferred from the Department of Administration and Finance to the Office of the. City Clerk. The Common Council incorporated those changes into Ordinance No. 9889- 08 which was passed by the Council on December 8, 2008. This ordinance would make limited amendments to improve the processing of requests for lawn parking permits. Some of the proposed changes include: changing the deadline from Thursday to Wednesday prior to a home football game for applying for a permit with the Office of the City Clerk; and providing a discount of ten percent (10%) of the Seasonal Conditional Lawn Parking Permit if a qualifying applicant desiring to park ten (10) or more motor vehicles files for, and is issued such a permit, prior to the first home football game of the season. The changes are believed to be in the best interests of administering the regulations. ~a-ca, t~e~o~e, le rt oa~~z~ircec~ by the Common Council of the City of South Bend, Indiana, as follows: Section I. Various sections of Chapter 14, Article 9, addressing REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS, shall be amended to read as follows: Sec. 14-51. Definitions.2 For purposes of this article, the following definitions shall apply: 2 Many of the definitions set forth in this section and section 14-41 are identical to or similar to those set forth in section 21-11.02 of the Zoning chapter of the South Bend Municipal Code. Special Events in Residentially Zoned Areas Page 2 Alcoholic beverage: See definition in IC § 7.1-1-3-5. Approved parking area: Land meeting the requirements of sections 18-41, 18-42 and 21- 11.02 of this Code. Boarding house: A building located in a residentially zoned area of the city where more than two (2) persons, who are not related by blood, legal adoption or marriage, live together. Chronic violation: Violation of this article more than two (2) times by the same person. Community/campus advisory coalition (CCAC): A 21-member advisory task force consisting of representatives from residential neighborhoods, elected and appointed South Bend municipal officials, university/college officials, and university/college student officials who are charged with identifying neighborhood concerns and proposed action plans to address such concerns. Conditional use lawn parking permit: A document issued by the City giving conditional approval to permit the temporary parking of motor vehicles on lawns in a residentially zoned area. Conditional use permit for a special event at a boarding house: A document issued by the City giving conditional approval to a sponsor to host a special event at a boarding house. Driveway: See definition in section 14-41 of this Code. Front yard: See definition in section 14-41 of the Code. Game day: A date when the University of Notre Dame hosts a home football game. Grandfathered: The right of sanction exempting a person or entity from certain zoning provisions as determined by the City of South Bend, which permits a use as a legal nonconforming use. Minor: A person less than twenty-one (21) years of age.3 Motor vehicle: See definition in section 14-41 of the Code. Park or parking: The standing of a motor vehicle, whether occupied or not, upon a right-of--way, driveway, front yard or side yard. See also section 14-41 of this Code. 3 IC § 7.1-1-3-25 defines minor. Special Events in Residentially Zoned Areas Page 3 Residentially zoned area: SF1 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.01; SF2 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.02; MFl Urban Corridor Multifamily District as further addressed in SBMC § 21-02.03; or MF2 High-Density Multifamily District as further addressed in SBMC § 21-02.04. Right-of--way: See definition in section 14-41 of the Code. Seasonal Conditional Use Lawn Parking Permit• A document issued by the City ~ivin~ conditional approval to hermit the temporar~parkin~ of motor vehicle(s) on lawn(s) in a residentially zoned area during a University of Notre Dame football season. Side yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. See also section 14-41 of this Code. Special event: A planned or unplanned gathering of people. Special event lawn parking: Temporary lawn parking for a special event in a residentially zoned area which is only permitted when a Conditional Use Lawn Parking Permit has been issued. Sponsor: The person who hosts, conducts or permits a special event, who shows to have possession of the property (a present possessory interest). If no sponsor is present upon the premises, the sponsor is deemed to be the property owner(s), as determined by reference to the records of the St. Joseph County Assessor. Street: See definition in section 14-41 of this Code. Temporary structures: Outdoor tent(s), trash container(s), chair(s), table(s) or equipment for outdoor music. (Ord. No. 9785-07, § 1) Sec. 14-56. Temporary residential one-day conditional use parking permit procedures and fees and Seasonal Conditional Use Lawn Parkin~Permits (a) Application and proof of residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the nonpublic lawn area of a residentially zoned area must have aone-day conditional use lawn parking permit or a Seasonal Conditional Lawn Parking Permit. Such person must complete an application, file it with the Office of the City Clerk, and pay a nonrefundable application fee of five dollars ($5.00). Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one-day permit or a Seasonal Conditional Lawn Parking Permit is requested. Acceptable documents include: Special Events in Residentially Zoned Areas Page 4 (1) Indiana Driver's License; (2) Copy of a signed lease or real estate purchase agreement; (3) Current utility bill; or (4) Current bank statement which show the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Nonrefundable fee for parking less than ten (10) motor vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space. All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (c) Nonrefundable fees for parking less than ten (10) motor vehicles for home football season: A Seasonal Conditional Lawn Parking Permit may be issued for an entire Notre Dame home football season by the Office of the T ~~°~~~~^ ^~•a~+^" Ci , Clerk to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space times the number of total ~ home football games. All fees collected shall be deposited into the General Fund. (d) Additional documents and reviews when parking ten (10) or more motor vehicles: Any person who applies for aone-day conditional use lawn parking permit or a Seasonal Conditional Lawn Parkin Pg ermit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following: (1) Location of lot lines and structures; (2) Setback of parking spaces of at least five (5) feet from all structures and lot lines; (3) Lanes for ingress and egress to parking surfaces; and (4) The location of proposed parking spaces. The above-listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed application form, for review and recommendation. The Department of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such locations based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress locations(s) and any approved temporary ramp structures. All parking must comply with the approved document. (e) Nonrefundable fees for parking ten (10) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit upon the payment by the applicant of a nonrefundable fee of twenty-five dollars ($25.00). All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. Special Events in Residentially Zoned Areas Page 5 (f) Nonrefundable fees for parking ten (10) or more motor vehicles for home football season: A Seasonal Conditional Lawn Parking Permit for an entire Notre Dame home football season may be issued by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of twenty-five dollars ($25.00) times the total number of n~irrg-home football games. Such fee shall be subject to a ten percent 10%) discount if applied for and is issued such a permit prior to the first home football game of the season. A Seasonal Conditional Lawn Parking Permit may be issued to qualifying applicants desiring to park ten l0~or more motor vehicles upon the payment of a nonrefundable fee of twenty-five dollars (~25 001 times the number of remaining home football dames which shall not be subiect to any fee discounts. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (g) Filing deadline: No applications seeking a conditional use lawn parking permit for game day parking shall be taken after 4:45 p.m. on the-~h}rr-sd$y Wednesday immediately prior to the game day. (h) Permit required to be displayed: Conditional use lawn parking permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons being exempt from the provisions of Section 14- 42 entitled "Parking Prohibited in Residential Lawn Areas", and -the zoning regulations set forth in Sections 21-02.11 and 21-07.04 of the South Bend Municipal Code. (i) Exemptions: No conditional use lawn parking permits are required for parking on an approved driveway or parking space. (j) Violation for parking on date other than date listed on permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other than the date listed on the conditional use lawn parking permit issued under this section shall be in violation of Section 14-42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14-44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall not permit any vehicle to drive over an adjoining property during ingress or egress to their property. (1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and/or vehicular traffic. (m) Driving over curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person filing the application for the subject property being subject to a citation. Special Events in Residentially Zoned Areas Page 6 (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than Apri13 0 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. (Ord. No. 9785-07, § 1; Ord. No. 9889-08, § I, 12-8-08) Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. 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 legal publication. Council Member Timothy A. Rouse Member of the Common Council Council Member Al "Buddy" Kirsits Member of the Common Council John Voorde, City Clerk Special Events in Residentially Zoned Areas Page 7 ~xea,in~ by me to the Mayor of the City of South Bend, Indiana on the day of 2009, at o'clock _ .m. Janice Talboom, Deputy City Clerk G~~~/~°'r`ed a~~ by me on the day of , 2009, at o 'clock . m. Stephen J. Luecke Mayor of the City of South Bend, Indiana ~ s~ Rl'Ad[AG ~ -Z? -o~ PUBLIC HEARING 3 rd READING 'NOT APPP,OVE~J REFERRED PASSE _. Fife fn Cier?~'~ ~fifi~~ ~UL 2 2 2U09 dGf?-d VOGRCE CIYY CLERK, ~;). BEatD, IP1. J!~ ~" PERFORMING ARTS CENTER ~r SOUTH BEND, IN '~'J ~ ~1 Igo . S'S- ~~ July 16, 2009 Derek Dieter President, South Bend Common Council 455 County-City Building South Bend, IN 46601 Re: Moms Performing Arts Center and Palais Royale Marketing Fund Appropriation Dear Mr. Dieter, I attach for filing with the South Bend Common Council an Ordinance requesting an appropriation of $5,600 within the Moms Performing Arts Center and Palais Royale Marketing Fund (Fund 273). Revenues from this fund are generated from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768-07, the Morns Center has solicited and acquired funds for sponsorship of ticket stock and ticket envelopes and hereby requests funds to be released to purchase said ticket stock and envelopes. The amount of $5,600 is hereby requested for appropriation. The purpose for which the Moms Performing Arts Center desires appropriations consists of the following: $5,600 Purchase of Morris Performing Arts Center Ticket Stock & Envelopes The Mon-is Performing Arts Center requests the Council's approval of this Ordinance that will benefit the City and its citizens. Sincerely, '~G~ ~ -~ Denni J. Andres Executive Director DJA/jr Attachment r.._.___v.,_._ "- cOr:7~ L~i..;~:_.c Morris Performing Arts Center • 21 I N. Michigan Street • South Bend, IN 46601 Office: (574) 235-919$ • Fax: (574) 235-5604 • http://www.MorrisCenter.org ~ ~,(/ - OItt711~TANCE NO. AI~T ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, Il~IDIANA, APPROPRIATING $5,600 FROM THE MORRIS PERFORMING ARTS CENTER AND PALMS ROYALE MARI~TING FUND (FUND NUMBER 273) FOR PURCHASE OF MORRIS PERFORIVIIATG ARTS CENTER TICKET STOCK ~ ENVELOPES STATEMENT OF PURPOSE AND INTENT The Morris Performing Arts Center and Palais Royale Marketing Fund (Fund No. 273) was established for marketing and promoting of the Morris Performing Arts Center and Palais Royale. The marketing fund accrues from the solicitation of funding for commercial promotion sponsorships and Morris marquee sponsorships. Pursuant to Ordinance No. 9768-07, the Morris Center has solicited and acquired funds for sponsorship of the Moms Performing Arts Center ticket stock and hereby requests those funds to be released to purchase said ticket stock & Envelopes. The amount of $5,600 is requested for appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The following sum of money is hereby appropriated and ordered set apart from and within the Moms Performing Arts Center and Palais Royale Marketing Fund for the purchase o f Moms Performing Arts Center Ticket Stock & Envelopes. Account Number Description Amount 273 Morris Performing Arts Center $5,600 and Palais Royale Marketing Fund 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. n' i„ ~ - la. ~~- ~ ~C` U~- a~ - c~ Member, South~enc~ Cor~~ozli~~~ncil ¢- t Attest:~`'i~tili~~ ~~ >4 ~ - `i I~ ~%t+s :`~ , . ~ ~~ _ o ~~ ~ ~~ ~1S U~, ~ ~t '~ City Clerk ~ I ~ ` ~ CS , ~ ~j . :., E ~~ i ~u Presented by me to the Mayor of the City of South Bend, Indiana on the -day of ~.z f ~ ~ ° U 2009, at o'clock_.m. ~ ~ ~ : ~ ~ ~~ c City Clerk Approved and signed by me on the day of , 2009, at o'clock _.m. 1st R~A[?lh~C ~ `Z~~~ pU3LIC F;EAREi~IG 3 rd ?E~.~iENG Mayor, City of South Bend, Indiana frOT A.PpP,OVED REFERREp PASSED CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF PUBLIC WORKS Jul 22, 2009 ~ ~ l ~ ~ ~ - ~ ~ - Y Derek Dieter, President South Bend Common Council Re: Ordinance to Authorize Sewage Works Revenue Bond Financing Dear President Dieter: The attached ordinance is offered for Council consideration. It deals with implementation of the CSO Long Term Control Plan for the wastewater utility in accordance with the ordinance passed setting rates for 2006 through 2009. That ordinance had 4 rate steps which are in place and contemplated a series of 4 revenue bonds for early action projects. This action captures the tentative $ 3 million grant/loan award of Economic Stimulus funding through SRF. This action dovetails the Stimulus grant and low interest loan awarded to South Bend through the SRF such that total debt service does not exceed what was contemplated in the rates for the revenue bond and meets the stimulus test of sustaining local effort while stimulating the economy with other shovel ready projects. This is the fourth in a series of four revenue bond installments contemplated by the Common Council in the last rate ordinance. Issuance of this 4th bond has been slowed by the turmoil in he bond market late last Fall when we had planned to go to market and as you know there was some serious trouble in the insurance and finance industries. It is important to get on with the plan in order to capture the stimulus money (must close in September). It is also important to show good faith progress while we negotiate terms of a 20 year consent decree with EPA and the Department of Justice. I will make the ordinance presentation from the perspective of what we will implement with the proceeds. Legal and Finance experts will be available to answer technical questions on the bond ordinance. Sincerely, Gary A. Gilot {'~i~~ ~Il l~i~~i'+~J ~61~oC~ J U L 2 2 2009 JGHN VQGPI)~ CITY CLEI,K, 5~3. EEi~'G, IN. Department of Public Works Engineering Water Works Central Services Streets Environmental Services Gary A. Gilot, Director Carl P. Littrell, P.E. David Tungate Matt Chlebowski Sam Hensley John 7. Dillon, Ph.D. 574/235-9251 574/235-9251 574/235-9322 574/235-9316 574/235-9244 574/277-8515 Fax 574/ 235-9171 Fax 574/ 235-9171 Fax 574/ 235-5595 Fax 574/ 235-9007 Fax 574/ 235-9272 Fax 574/ 277-8980 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN IMPROVEMENTS AND EXTENSIONS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SAT E OF ADDITIONAL REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT OF THE COSTS THEREOF, THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF SUCH SEWAGE WORKS AND OTHER RELATED MATTERS STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana (the "City"), owns and operates a sewage works . by and through its Board of Public Works (the "Board") for the collection and treatment of sewage and other wastes (the "Sewage Works"), pursuant to the provisions of Indiana Code 36- 9-23, as amended (the "Act". The Board has determined and recommended to the Common Council of the City (the "Common Council") that certain improvements and extensions to .the Sewage Works, as described herein, are necessary. The City has employed as consulting engineers (the "Consulting Engineers") to prepare and file plans, specifications, and detailed descriptions and estimates of the costs of the necessary improvements and extensions to the Sewage Works, which plans, specifications, descriptions and estimates, to the extent required by law, have been duly submitted to and approved or will be approved by all governmental authorities having jurisdiction thereover (the improvements and extensions to the Sewage Works as described in the Consulting Engineers' plans and specifications and below are referred to herein as the "Project"), including, without limitation, the Indiana Department of Environmental Management (the "Department"). BDDBOS 5738468v1 The Common Council finds that the estimates prepared and delivered by the Consulting Engineers with respect to the costs (as defined in Indiana Code 36-9-23-11) of acquisition, construction, and installation of such improvements and extensions to the Sewage Works (as defined in Indiana Code 36-9-1-8, as amended, and in the Act), and including all authorized costs relating thereto, including the costs of issuance of bonds and, if necessary, bond anticipation notes (the "BANS") on account of the financing of all or a portion thereof, will be in the estimated amount of Four Million Six Hundred Thousand and 00/100 Dollars ($4,600,000.00). The City desires to authorize the issuance of the BANS, if necessary, to provide interim financing of the Project in the maximum aggregate principal amount not to exceed Four Million Six Hundred Thousand Dollars ($4,600,000) and the issuance of sewage works revenue bonds, in one or more series, payable from the Net Revenues (as hereinafter defined) of the Sewage Works, in the maximum aggregate principal amount of Four Million Six Hundred Thousand Dollars ($4,600,000) issued to finance the aforementioned costs of the Project and to refund the BANS, if issued. Pursuant to Ordinance No. 8919-98 adopted by the Common Council on June 22, 1998 (the "1998 Ordinance"), the City has heretofore issued revenue bonds payable from the net revenues of the Sewage Works, such bonds being designated as "Sewage Works Refunding Revenue Bonds of 1998" (the "1998 Bonds"), outstanding after December 1, 2008, in the amount of $14,895,000, bearing interest at various rates and maturing in various amounts annually on December 1 in the years 2009 to and including 2018. Pursuant to Ordinance No. 9523-04 adopted by the Common Council on August 10, 2004 (the "2004 Ordinance"), the City has heretofore issued sewage works bonds payable from the net revenues of the Sewage Works, designated as "Sewage Works Revenue -2- BDDB01 5738468v1 Bonds of 2004" (the "2004 Bonds"), outstanding after December 1, 2008, in the amount of $9,815,000, bearing interest at various rates and maturing in various amounts annually on December 1 in the years 2009 to and including 2024. Pursuant to Ordinance No. 9672-06 adopted by the Common Council on April 11, 2006, as amended by Ordinance No. 9767-0 adopted by the Common Council on June 25, 2007 (collectively, the "2006 Ordinance" and with the 1998 Ordinance and the 2004 Ordinance, the "Prior Ordinances"), the City has heretofore issued revenue bonds payable from the net revenues of the Sewage Works, such bonds being designated as (i) "Sewage Works Revenue Bonds of 2006" (the "2006 Bonds"), outstanding after December 1, 2008, in the amount of $7,620,000, bearing interest at various rates and maturing in various amounts annually on December 1 in the years 2009 to and including 2026; (ii) "Sewage Works Revenue Bonds of 2007" (the "2007 Bonds"), outstanding after December 1, 2008, in the amount of $16,060,000, bearing interest at various rates and maturing in various amounts annually on December 1 in the years 2009 to and including 2027; and (iii) "Sewage Works Revenue Bonds of 2007 B" (the "2007 B Bonds" and with the 1998 Bonds, the 2004 Bonds, the 2006 Bonds and the 2007 Bonds, the "Prior Bonds"), outstanding after December 1, 2008, in the amount of $15,980,000, bearing -interest at various rates and maturing in various amounts annually on December 1 in the years 2009 to and including 2027. The Prior Ordinances authorizes the issuance of additional revenue bonds ranking on a parity basis with the Prior Bonds for such purposes, so long as certain conditions are met. The Common Council now finds that all conditions precedent to the adoption of an ordinance authorizing the issuance of revenue bonds on a parity basis with the Prior Bonds and BANS, if necessary, to provide the necessary funds to be applied to the costs of the Project and the -3- BDDBOI 5738468v1 refunding of the BANs, if issued, and all authorized costs relating thereto, have been complied with in accordance with the provisions of the Act. The Common Council therefore seeks to authorize the issuance of revenue bonds and BANS, if necessary, to finance the acquisition, construction, and installation of the Project pursuant to the Act and the sale of such revenue bonds to the Indiana Bond Bank (the "Bond Bank") pursuant to the provisions of Indiana Code 5-1.5, the Indiana Finance Authority (the "Authority"} pursuant to the provisions of Indiana Code 4-4-11 and Indiana Code 13-18-13, or at public sale pursuant to the provisions of Indiana Code 5-1-11 and the sale of such BANs pursuant to the provisions of the Act and other applicable laws, subject to and dependent upon the terms and conditions hereinafter set forth. In conjunction with the issuance of any such bonds sold to the Authority, the City expects to enter into a Financial Assistance Agreement (as hereinafter defined) with the Authority, pertaining to the Project and the financing of a portion thereof; NOW; THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Acquisition Construction and Installation of the Proiect. The City, acting by and through the Board and as the- owner and operator of the Sewage Works for the collection and treatment of sewage and other wastes, hereby orders, authorizes and directs the Board to acquire any and all necessary property and to proceed with the acquisition, construction, and installation of improvements and extensions to the Sewage Works, pursuant to the Act and in accordance with the plans, specifications and cost estimates prepared and filed with the Board by the Consulting Engineers, which plans, specifications and cost estimates are hereby adopted and approved and, by reference, incorporated fully into this Ordinance, and two copies of which are now on file in the office of the Board and are open for public inspection. -4- BDDB01 5738468v1 The actions of the Board in connection with the acquisition of any and all necessary property and the acquisition, construction, installation, and financing of such improvements and extensions to the Sewage Works are hereby authorized, approved, ratified and confirmed. Where used in this Ordinance, the term "City" shall be construed also to include any department, board, commission or officer or officers of the City or of any City department, board or commission. The terms "Sewage Works," "sewage works," "works" and similar terms used in this Ordinance shall be construed to mean and include the existing structures and property of the Treatment Works, as defined in the Financial Assistance Agreement, and all enlargements, improvements, extensions and additions thereto, and replacements thereof, now or subsequently constructed or acquired, from the proceeds of the bonds and BANS authorized herein or otherwise. Such improvements and extensions shall be constructed and the bonds and BANS herein authorized shall be issued pursuant to the provisions of this Ordinance and the Act. Section II. Description of the Project. The Project collectively consists of the acquisition, construction, installation and equipping of the following: The Project is more fully described in, and shall be in accordance with, the Preliminary Engineering Report and the Plans and Specifications (each as defined in the Financial Assistance Agreement) approved by the Indiana Department of Environmental Management. The City, acting by and through the Board, shall proceed with the acquisition, construction and installation of the Project and shall enter into all contracts necessary or appropriate for such purpose, in conformity with and subject to the requirements and conditions set forth in this Ordinance and in the Act. -5- BDDBOI 5738468v1 Section III. The Bonds. In accordance with the Act and for the purpose of providing funds with which to pay the costs of the Project, together with all authorized costs relating thereto including the costs of issuance of the Bonds, as hereinafter defined, on account thereof, and refunding the BANS, if any, described below, the City shall issue and sell its sewage works revenue bonds in the aggregate principal amount not to exceed Four Million Six Hundred Thousand and 00/100 Dollars ($4,600,000.00) (the "Bonds"). The principal of, redemption premium, if any, and interest on the Bonds shall be payable, on a parity basis with the Prior Bonds solely out of the Sewage Works Sinking Fund referred to below. The Bonds shall be issued and designated as the "City of South Bend, Indiana, Sewage Works Revenue Bonds of 20_" (with the blank to be filled in with the last two digits of the calendar year in which such series of the Bonds is issued, with an appropriate series designation in the event more than one series of Bonds is expected to be issued in such calendar year). Each series of Bonds shall be issued as fully. registered bonds in denomination or denominations of Five Thousand Dollars ($5,000) and any integral multiples thereof not exceeding the aggregate principal amount of such Bonds maturing in any one (1) year, or in the event that the Bonds are sold to the Bond Bank or to the Authority pursuant to Section VIII of this Ordinance, shall be in multiples of One Dollar ($1). The Bonds shall be numbered consecutively from 20`R-1 (with the blank to be filled in with the last two digits of the calendar year in which such series of the Bonds is issued, with an appropriate series designation in the event more than one series of Bonds is expected to be issued iri such calendar year) upward and shall bear interest at a rate or rates not exceeding five percent (5.0%) per annum (or at the rate provided in the Purchase Agreement (as hereinafter defined) with respect to any series of the Bonds that is sold to the Bond Bank, or as provided in the Financial Assistance Agreement with -6- BDDBOI 5738468v1 respect .to any series of the Bonds that is sold to the Authority). In the event that the Controller determines that any series of the Bonds shall be sold as Build America Bonds or Recovery Zone Bonds, the Controller shall set forth the maximum interest rate of the Bonds in a written certificate of the Controller prior to the issuance of the Bonds. The exact rate or rates shall be determined by negotiation with the Bond Bank or the Authority or.by bidding. If determined by public bidding, said interest rate or rates shall be in multiples of one-eighth (1/8) or one- twentieth (1/20) of one percent (1%); otherwise, said interest rate or rates shall be in multiples of one-hundredth (1/100) of one percent (1%). All Bonds of a series maturing on the same date shall bear the same rate of interest, and the interest rate on Bonds of a given maturity must be at least as great as the interest rate on Bonds of any earlier maturity. Interest on each series of the Bonds shall be calculated on the basis of twelve (12) thirty (30)-day months for a three hundred and sixty (360)-day year and shall be payable semiannually on June 1 and December 1 in each year (each an "Interest Payment Date"), commencing on the first June 1 or December 1, following the original date of the Bonds as determined by the Controller, with the advice of the City's financial advisor, or as set forth in the Financial Assistance Agreement to be entered into between the City and the Authority (the "Financial Assistance Agreement"), or in the bond sale notice if the Bonds are sold to any other purchaser, until principal is fully paid. The principal of each series of the Bonds shall mature annually on December 1 of each year, over a period ending no later than twenty (20) years aPer the date of issue of each series of Bonds issued hereunder, in such amounts that will produce as level annual debt service as practicable, except ,as otherwise provided in the Financial Assistance Agreement if the Bonds are sold to the Authority, and in the years and amounts to be determined by negotiation with the Bond Bank or BDDBOI 5738468v1 -7- the Authority or by the Controller with the advice of the City's financial advisor, if any series of the Bonds are sold by public bidding. In the event any series of the Bonds is sold by public bidding, the Controller may determine, with the advice of the City's fmancial advisor, to issue the Bonds as "Build America Bonds" pursuant to Section 54AA of the Internal Revenue Code of 1986, as amended (the "Code") or "Recovery Zone Economic Development Bonds" pursuant to Section 1400U-2 of the Code. In such case, the Controller is authorized to set forth such additional terms of the Bonds as may be required in order to proceed with the sale of the Bonds as so designated and also to evidence compliance with.any requirements that may apply to Build America Bonds or Recovery Zone Economic Development Bonds. If all or a portion of the Bonds are issued as Build America Bonds and, pursuant to Section 54AA and Section 6431 of the Code, the City elects to receive the direct payment from the federal government equal to thirty-five percent (35%) of the interest payable on each interest payment date ("Federal Cash Payment"), each Federal Cash Payment shall be immediately deposited into the Revenue Fund (defined herein) and treated as a revenue of the Sewage Works. The Bonds shall bear an original issue date which shall be the date of issuance of the Bonds or the first day of the month in which the Bonds are delivered, as determined by the Controller (unless otherwise provided in the Purchase Agreement in the event the Bonds are sold to the Bond Bank or unless otherwise provided in the Financial Assistance Agreement in the event such series of the Bonds is sold to the Authority), and each Bond shall also bear the date of its authentication. Any Bond authenticated on or before the fifteenth (15th) day of the calendar month immediately preceding the first Interest Payment Date, shall pay interest from its original issue date. Any Bond authenticated thereafter shall pay interest from the Interest Payment Date -8- BDDB01 5738468v1 next preceding the date of authentication of such Bond to which interest thereon has been paid or duly provided for, unless such Bond is authenticated after the day which is fifteen (15) days prior to the Interest Payment Date and on or before such Interest Payment Date, in which case interest thereon shall be paid from such Interest Payment Date. In the event that the Bonds or the BANS are sold to the Authority or any other purchaser who so agrees pursuant to Section IX of this Ordinance, it is understood that principal shall not be payable and interest shall not accrue on the Bonds or the BANS until such principal amount has been advanced pursuant to requests made by the City to the Authority or to any such other purchaser, with advances to be allocable to the Bonds in order of maturity. If the Bonds are sold to the Authority, to the extent that (a) the total principal amount of the Bonds is not paid by the purchaser or drawn down by the City or (b) proceeds remain in the Construction Account established under Section X of this Ordinance and are not applied to the Project (or any modifications or additions thereto approved by the Department and the Authority for that portion or portions of the Project funded in whole or in part by Bonds sold to the Authority), the City shall reduce the principal amount of the Bonds' maturities to effect such reduction in a manner that will still achieve as level an annual debt service as practicable as described in this Section III subject to and upon the terms forth in the Financial Assistance Agreement. The Controller is hereby authorized to appoint a registrar and a paying agent for the Bonds (the "Registrar" and the "Paying Agent" and, in both such capacities, the "Registrar and Paying Agent"). The Registrar and Paying Agent shall be charged with and shall by appropriate agreement undertake the performance of all of the duties and responsibilities customarily associated with each such position, including without limitation the authentication of the Bonds. The Controller is authorized and directed to enter into such agreements and -9- BDDBOI 5738468v1 understandings with the Registrar and Paying Agent and any subsequent Registrar and Paying Agent as will enable and facilitate the performance of its duties and responsibilities, and is authorized and directed to pay such fees as the Registrar and Paying Agent may reasonably charge far it's services in such capacity, and such fees may be paid from the Sewage Works Sinking Fund previously established and continued herein. If the Bonds or BANS are registered in the name of the Authority, the Bond Bank or any other purchaser that does not object to such designation, the Controller shall be designated as the Registrar and Paying Agent and shall be charged with the performance of all of the duties and responsibilities of Registrar and Paying Agent. The Registrar and Paying Agent, if not the Controller, may at any time resign as Registrar and Paying Agent upon giving thirty (30) days' notice in writing to the City and by first-class mail to each registered owner of the 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. Any such notice to the City may be served personally or sent by certified mail. The Registrar and Paying Agent may also 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 Bonds then outstanding by fast-class mail of the removal of the Registrar and Paying Agent. Notices to registered owners of the 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 books kept by the Registrar. Any predecessor Registrar and Paying Agent shall deliver all of the Bonds and cash in its possession with respect thereto, together with the registration books, to the successor Registrar and Paying Agent. The Controller is hereby authorized to act on behalf of the City -10- SDDBOI 5738468v1 with regard to any of the aforementioned actions of the City relating to the resignation or removal of the Registrar and Paying Agent and appointment of a successor Registrar and Paying Agent. Principal of and any redemption premium on the Bonds, and principal of and interest on the BANS, shall be payable at the principal corporate trust office of the Paying Agent. Interest on the Bonds shall be paid by check or draft mailed or delivered by the Paying Agent to the registered owner thereof at the address as it appears on the registration books kept by the Registrar as of the fifteenth (15th) day of the month immediately preceding the Interest Payment Date or at such other address as may be provided to the Paying Agent in writing by such registered owner. Notwithstanding the foregoing, principal of and interest on the Bonds or BANS, if registered in the name of the Authority or the Bond Bank, shall be paid by wire transfer to a financial institution if and as directed by the Authority or Bond Bank, as the case may be, on the due date of such payment or, if such date is a day when financial institutions are not open for business, on the business day immediately preceding such due date. So long as the Authority or the Bond Bank is the registered owner of the Bonds or BANS, the Bonds or BANs shall be presented for payment as directed by the Authority or the Bond Bank, as applicable. All payments on the Bonds shall be made in any coin or currency of the United States of America which, on the dates of such payments, shall be legal tender for the payment of public or private debt. Each Bond shall be transferable or exchangeable only on the books of the City maintained for such purpose at the principal corporate trust office of the Registrar, by the registered owner thereof in person, or by his or her attorney duly authorized in writing, upon surrender of such Bond together with a written instrument of transfer or exchange satisfactory to -11- BDDBOl 5738468v1 the Registrar duly executed by the registered owner or his or her attorney duly authorized in writing, and thereupon a new fully registered Bond or Bonds in the same aggregate principal amount and of the same maturity shall be executed and delivered in the name of the transferee or transferees or the registered owner, as the case may be, in exchange thexefor. Each Bond may be transferred or exchanged without cost to the registered owner, except for any tax or other governmental charge which may be required to be paid with respect to such transfer or exchange. The Registrar shall not be obligated to make any transfer or exchange of any Bond (i) during the fifteen (15) days immediately preceding an Interest Payment Date or (ii) after the mailing of notice calling such Bond for redemption. The City, the Registrar and the Paying Agent may treat and consider the person in whose name any Bond is registered as the absolute owner thereof for all purposes including the purpose of receiving payment of, or on account of, the principal thereof, and redemption premium, if any, and interest thereon. In the event any Bond is mutilated, lost, stolen or destroyed, the City may cause to be executed and the Registrar may authenticate a new Bond of like date, maturity, series and denomination as the mutilated, lost, stolen or destroyed Bond, 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 City and the Registrar, together with indemnity satisfactory to them. In the event that any such mutilated, lost, stolen or destroyed Bond shall have matured or been called for redemption, instead of causing to be issued a duplicate Bond, the Registrar and Paying Agent may pay the same upon surrender of the mutilated Bond or upon satisfactory indemnity and proof of loss, theft or destruction in the case -12- BDDB01 5738468v] of a lost, stolen or destroyed Bond. The City and the Registrar and Paying Agent may charge the owner of any such Bond with their reasonable fees and expenses in connection with the above. Every substitute Bond issued by reason of any Bond being lost, stolen or destroyed shall, with respect to such Bond, constitute a substitute contractual obligation of the City pursuant to this Ordinance, whether or not the lost, stolen or destroyed 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 Bonds duly issued hereunder. In the event that any Bond is not presented for payment or redemption on the date established therefor, the City may deposit in trust with the Paying Agent an amount sufficient to pay such Bond or the redemption price thereof, as appropriate, and thereafter the, owner of such Bond shall look only to the funds so deposited in trust with the Paying Agent for payment and the City shall have no further obligation or liability with respect thereto. Section IV. The BANS. In anticipation of the issuance and sale of the Bonds authorized herein, and to provide interim financing to apply to the costs of the Project, the City is hereby authorized to have prepared and to issue and sell negotiable BANS of the City to an eligible purchaser of the BANS under Indiana Code 5-1-14-5, the Bond Bank or the Authority, pursuant to a Bond Anticipation Note Purchase Agreement (the "BAN Purchase Agreement") entered into between the City and the purchaser of the BANS, in one or more series, in an aggregate principal amount not to exceed Four Million Six Hundred Thousand and 00/100 Dollars ($4,600,000.00) to be designated "City of South Bend, Indiana, Sewage Works Revenue Bond Anticipation Notes of 20_" (with the blank to be filled in with the last two digits of the calendar year in which such series of the BANS is issued, with an appropriate series designation in the event more than one series of BANs is expected to be issued in such calendar year). The -13- BDDBOI 5738468v1 BANS shall be issued pursuant to Indiana Code 4-4-11 and 13-18-13 if sold to the Authority, pursuant to Indiana Code 5-1.5-8-6.1 if sold to the Bond Bank, or pursuant to Indiana Code 5-1- 14-5 if sold to an eligible purchaser thereunder. If the BANS are sold to the Authority, the Financial Assistance Agreement shall serve as the BAN Purchase Agreement. The BANS shall be issued in fully registered form, shall be numbered consecutively from R-1 (with the blank to be filled in with the last two digits of the calendar year in which such series of the BANS is issued, with an appropriate series designation in the event more than one series of BANS is expected to be issued in such calendar year) upwards, shall be in multiples of One Dollar ($1), shall be dated as of the date of issuance of the BANS, and shall bear interest at a rate or rates not exceeding five percent (5.0%) per annum (or at such rate as provided in the Purchase Agreement if the BANS are sold to the Bond Bank or as provided in the Financial Assistance Agreement if' the BANS are sold to the Authority), the exact rate of interest to be determined by negotiations with the purchaser of the BANS and payable as provided in the BAN Purchase Agreement. The initial BANS .delivered will mature on the date provided in the BAN Purchase Agreement. Each subsequent BAN delivered will bear the same maturity date as the initial BANS. The BANS shall be subject to renewal or extension, subject to the limitations set forth below, at an interest rate not to exceed five percent (5.0%) per annum (or at such rate as provided in the Purchase Agreement if the BANS are sold to the Bond Bank or as provided in the Financial Assistance Agreement if the BANS are sold to the Authority) with the exact rate to be negotiated with- the purchaser of such BANs. The term of the BANS and all renewal BANs may not exceed five (5) years from the date of delivery of the. initial BANs. The principal of the BANs shall be refunded and retired out of the proceeds from the issuance and sale hereunder of the Bonds. The principal of the BANs, and the principal and - 14- BDDB01 5738468v1 interest of BANS prepaid in accordance with Section V herein, shall be refunded by the issuance of the Bonds pursuant to, and in the manner prescribed by, the Act. The interest on the BANS shall be payable either from the Net Revenues of the Sewage Works or from proceeds from the issuance and sale here~ander of the Bonds. Section V. Optional Prepayment of BANs• Redemption of the Bonds. (a) Optional Prepayment of BANS. 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. In the case of prepayment, the principal and accrued interest due on the BANS shall be paid only from proceeds of the Bonds, except that such principal and interest due on the BANS may also be paid from other revenues and funds legally available therefor, if any, including federal or state funds available for application to the Project; provided, however, that such funds are not pledged to the payment of the BANS. (b) Optional Redemption. The Bonds shall be subject to redemption at the option of the City upon such terms as determined by the Controller based on the advice of the City's financial advisor, to be set forth in a written certificate of the Controller prior to the issuance of the Bonds, provided that the redemption premium shall not exceed two percent (2%) of the par amount of the Bonds to be redeemed. Official notice of such redemption shall be mailed by the Registrar and Paying Agent by certified or registered mail at least sixty (60) days and not more than ninety (90) days prior to the scheduled redemption date to each of the registered owners of the Bonds called for redemption (unless waived by any such registered owner) at the address shown on the registration books of the Registrar and Paying Agent, or at such -15- BDDB01 5738468v1 other address as is furnished in writing by such registered owner to the Registrar; 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 the proceedings for the redemption of any other Bonds. The notice shall specify the redemption price; the date and place of redemption, and the registration numbers (and, in case of partial redemption, the respective principal amounts) .of the Bonds called for redemption. The place of redemption may be at the principal corporate trust office of the Registrar and Paying Agent or as otherwise determined by the City. Interest on the Bonds (or portions thereof) so called for redemption shall cease to accrue 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 redemption date and when such Bonds (or portions thereof) are presented for payment. Any Bond redeemed in part may be exchanged for a Bond or Bonds of the same maturity in authorized denominations equal to the remaining principal amount thereof. In addition to the foregoing notice, the City may also direct that further notice of redemption of the Bonds be given, including without limitation and at the option of the City, notice described in paragraph (i) below given by the Registrar and Paying Agent to the parties described in paragraphs (ii) and (iii) below. No defect in any such further notice and no failure to give all or any portion of any such further notice shall in any manner defeat the effectiveness of any call for redemption of Bonds so long as notice thereof is mailed as prescribed above. (i) If so directed by the City, each further notice of redemption given hereunder shall • contain the information required above for an official notice of -16- BDDBOI 5738468v1 redemption plus (A) the CUSIP numbers of all Bonds being redeemed; (B) the date of issue of the Bonds as originally issued; (C) the rate of interest borne by each Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the Bonds being redeemed. (ii) If so directed by the City, each further notice of redemption shall be sent at least thirty-five (35) days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of obligations of types comprising the Bonds and to one or more national information services that disseminate notices of redemption of obligations such as the Bonds. (iii) If so directed by the City, ,each such further notice shall be published one time in The Bond Buyer of New York, New York or, if the Registrar believes such publication is impractical or unlikely to reach a substantial number of the holders of the Bonds, in some other financial newspaper or journal which regularly carries notices of redemption of other obligations similar to the Bonds, such publication to be made at least sixty (60) days prior to the date fixed for redemption. Upon the payment of the redemption price of the Bonds (or portions thereof) being redeemed and if so directed by the City, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds (or portions thereof) being redeemed with the proceeds of such check or other transfer. (c) Mandator~Sinkine Fund Redemption. In the event that one or more series of the Bonds are sold via public sale pursuant to Section IX(b) hereof, such -17- BDDBOI 5738468v1 series may be subject to mandatory sinking fund redemption as set forth herein. At the option of the successful bidder for the Bonds, all or a portion of the Bonds may be aggregated into one or more term. bonds payable from mandatory sinking fund redemption payments (the "Term Bonds") required to be made as set forth below. The Term Bonds shall have a stated maturity or maturities on December 1 of the years in which the Bonds are outstanding as determined pursuant to Section III hereof or as determined by the successful bidder. In the event that the successful bidder opts to aggregate certain Bonds into Term Bonds, such Term Bonds shall be subject to mandatory sinking fund redemption prior to maturity at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the redemption date, but without premium, on December 1 of each year and in the principal amounts corresponding to and consistent with the maturity schedule for the Bonds set forth in the Notice of Intent to Sell. The Registrar and Paying Agent shall credit against the current mandatory sinking fund requirement for a Term Bond of a particular maturity, any Bonds of such maturity delivered to the Registrar and Paying Agent for cancellation or purchased for cancellation by the Registrar and Paying Agent and cancelled by the Registrar and Paying Agent and not theretofore applied as a credit against any mandatory sinking fund requirement. Each Bond so delivered or purchased shall be credited by the Registrar and Paying Agent at 100% of the principal amount thereof against the mandatory sinking fund redemption requirements for the applicable Term Bond in order of mandatory sinking fund redemption (or final maturity) dates determined by the Clerk, and the principal amount of such Term Bond to be redeemed on such mandatory sinking fund -18- BDDBOI 5738468v 1 redemption dates by operation of the mandatory sinking fund requirements shall be reduced accordingly; provided, however, the Registrar and Paying Agent shall only credit Bonds against the mandatory sinking fund requirements to the extent such Bonds are received on or before 45 days preceding the applicable mandatory sinking fund redemption date. The Registrar shall determine by lot (treating each $5,000 principal amount of each Bond as a separate Bond for such purpose) the Bonds within a Term Bond of a particular maturity to be redeemed pursuant to the mandatory sinking fund redemption requirements on December 1 of each year. Notice of any such mandatory sinking fund redemption shall be given in the same manner as notice of optional redemption is required to be given pursuant to this Section IV of this Ordinance. If Bonds are to be redeemed by optional redemption and mandatory sinking fund redemption on the same date, the Registrar shall select by lot the Bonds for optional redemption before selecting the Bonds by lot for the mandatory sinking fund redemption. In the event any of the Bonds are issued as Term Bonds, the form of the Bond set forth in Appendix A to this Ordinance shall be modified accordingly. Any reference to payment of principal on the Bonds shall include payment of scheduled mandatory sinking fund redemption payments described in this Section V. Section VI. Execution and Authentication of the Bonds and BANS. The Bonds and the BANS shall be executed in the name of the City by the manual or facsimile signature of the Mayor of the City (the "Mayor"), countersigned by the manual or facsimile signature of the Controller and attested by the manual or facsimile signature of the Clerk of the City (the -19- BDDBOI 5738468v1 "Clerk"), who shall cause the seal of the City or a facsimile thereof to be affixed to each of the Bonds and the BANS. The Bonds and the BANS shall be authenticated by the manual signature of the Registrar, and no Bond or BAN shall be valid or become obligatory for any purpose until the certificate of authentication thereon has been so executed. In case any official whose signature appears on any Bond or BAN shall cease to be such official before the delivery of such Bond, the signature of such official shall nevertheless be valid and sufficient for all purposes, the same as if such official had been in office at the time of such delivery. Subject to the provisions of this Ordinance regarding the registration of the Bonds and BANs, the Bonds and BANS shall be fully negotiable instruments under the laws of the State of Indiana. Section VII. Security and Sources of Payment for the Bonds. The Bonds, when fully paid for and delivered to the purchaser thereof as to both principal and interest, shall be valid and binding special revenue obligations of the City, payable solely from and secured by an irrevocable pledge of and constituting a charge upon all of the "Net Revenues" (herein defined as gross revenues after deduction only for the payment of the reasonable expenses of operation, repair and maintenance but not including depreciation and payments in lieu of taxes) derived from the Sewage Works, including all such Net Revenues from the existing works, the Project and all additions and improvements thereto and replacements thereof subsequently constructed or acquired, to be set aside into the Sewage Works Sinking Fund as herein provided. The Bonds shall rank on a parity with the Prior Bonds. The City shall not be obligated to pay the Bonds or the interest thereon except from the Net Revenues of the Sewage Works, and the Bonds shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. -20- BDDBOI 5738468v1 Section VIII. Form of the Bonds. The form and tenor of the Bonds shall be substantially as set forth in Appendix A attached hereto and incorporated herein as if set forth at this place (with all blanks to be filled in properly and all necessary additions and deletions to be made prior to ±he delivery thereof). Section IX. Issuance Sale and Delivery of the Bonds and the BANS. (a) Generally. The ,Controller is hereby authorized and directed to have the Bonds and BANS prepared, and the Mayor and the Clerk are each hereby authorized and directed to execute, and attest as appropriate, the Bonds and the BANS in the form and manner herein provided. The Controller is hereby authorized and directed to deliver the Bonds and the BANS to the purchaser or purchasers thereof after sale made and in accordance with the provisions of the Act and this Ordinance, provided that at the time of said delivery the Controller shall collect the full amount which the purchaser or purchasers have agreed to pay therefor, which shall be not less than ninety-nine percent (99%) of the par amount of the Bonds (or such higher percentage of the par value of the Bonds as the Controller, with the advice of the financial advisor of the City, shall determine) plus accrued interest thereon to the date of delivery, if any. The City may receive payment for the Bonds and BANS in installments. The proceeds derived from the sale of the Bonds (or the BANS if such BANs are issued), shall be and are hereby- set aside for application to the costs of the Project, and including all authorized costs relating thereto, including the costs of issuance of the Bonds. The authorized officers of the City are hereby authorized and directed to draw all proper and necessary warrants and to do whatever other acts and things that may be necessary or appropriate to carry out the provisions of this Ordinance. -21- BDDBOI 5738468v1 (b) Issuance Sale and Delivery of the BANS. The City, having satisfied all the statutory requirements for the issuance of the Bonds, may elect to issue its B?.N or BANS to an eligible purchaser under Indiana Code 5-1-14-5, the Bond Bank or the Authority pursuant to the BAN Purchase Agreement, to be entered into between the City and the purchaser of the BANS. The Common Council hereby authorizes the issuance and execution of the BAN or BANS in lieu of initially issuing Bonds to provide interim construction financing for the Project until permanent financing becomes available. It shall not be necessary for the City to repeat the procedures for the issuance of its Bonds, as the procedures followed before the issuance of the BAN or BANs are for all purposes sufficient to authorize the issuance of the Bonds and the use of the proceeds to repay the BAN or BANS. The Mayor and the Controller are hereby authorized and directed to execute the BAN Purchase Agreement in such form or substance as they shall approve acting upon the advice of counsel. The Mayor and the Controller may also take such other action or deliver such other certificates as are necessary or desirable in connection with the issuance of the BANS or the Bonds and the other documents needed for the financing as they deem necessary or desirable in connection therewith. (c) Public Sale of the Bonds. The Bonds may, in the discretion of the Controller, be sold by public sale. In the event the Bonds are sold by public sale, prior to the sale of the Bonds, the Controller shall cause to be published a notice of intent to sell two times at least one week apart in the South Bend Tribune, the Tri-County News and the Court and Commercial Record. The notice of such sale or a summary thereof may also be published in The Bond Buyer, a financial journal published in the City and State ofNew York and/or in other publications, in the discretion of the Controller. The notice -22- BDDBOI 5738468v1 must state that any person interested in submitting a bid for the Bonds may furnish in writing, at the address set forth in the notice, the person's name, address, and telephone number, and that any such person may also furnish a telex number. The notice must also state: (1) the amount of the Bonds to be offered.; (2) the denominations; (3) the dates of maturity; (4) the maximum rate or rates of interest; (5) the place of sale; and (6) the time within which the name, address and telephone number must be furnished, which time must not be less than seven (7) days after the last publication of the notice. Each person so registered shall be notified of the date and time bids will be received not less than twenty-four (24) hours before the date and time of sale. The notification shall be made by telephone at the number furnished by the person, and also by telex if the person furnishes a telex number. Such notice may also include such other information as the Controller shall deem necessary. Such notice shall also provide, among other things, that each bid shall be accompanied by a certified or cashier's check or financial surety bond in an amount equal to one percent (1%) of the principal amount of the Bonds to guarantee performance on the part of the bidder, and that in the event the successful bidder shall fail or refuse to accept delivery of and pay for the Bonds as soon as the Bonds are ready for delivery, or at the time fixed in the notice of intent to sell, then such check or financial surety bond and the proceeds thereof shall become the property of the City and shall be considered as the City's liquidated damages on account of such default. All bids for Bonds sold at public sale shall be sealed and shall be presented to the Controller at the Controller's office, and the Controller shall continue to receive all bids offered until the time fixed for the sale of the Bonds, at which time and place the Controller shall open and consider each bid. Bidders for the Bonds shall be -23- BDDBOI 5738468v1 required to name the rate or rates of interest which the Bonds are to bear, not exceeding eight percent (8%) per annum. Such interest rate or rates shall be in multiples of one- eighth (1/8) or one-twentieth (1/20) of one percent (1%). Bids specifying more than one interest rate shall also specify the amount and maturities of the Bonds bearing each rate, and all Bonds maturing on the same date shall bear the same rate of interest. The interest rate on Bonds of a given maturity must be at least as great as the interest rate on Bonds of any earlier maturity. Subject to the provisions set forth below, the Controller shall award the Bonds to the bidder offering the lowest net interest cost to the City, to be determined by computing the total interest on all of the Bonds from the date thereof to their maturities and deducting therefrom the premium bid, if any, or adding thereto the amount of any discount. No bid for less than 99% of the par value of the Bonds (or such higher percentage of the par value of the Bonds as the Controller, with the advice of the financial advisor to the City, shall determine prior to the publication of the notice of intent to sell), plus accrued interest at the rate or rates named to the date of delivery, will be considered. The Controller shall have full right to reject any and all bids. In the event no acceptable bid is received at the time fixed for the sale of the Bonds, the Controller shall be authorized to continue to receive bids from day to day thereafter for a period not to exceed thirty (30) days, without readvertising, pursuant to Indiana law. The Controller is hereby authorized to determine, in her discretion, to sell the Bonds pursuant to the general provisions of Indiana Code 5-1-11 (rather than Section 2(b) thereof), and in the event of such a determination, those portions of this Section VIII which conflict with such provisions shall be deemed inapplicable. -24- BDDBOI 5738468v1 (d) Sale to the Indiana Bond Bank. The Bonds may, in the discretion of the Controller, be sold to the Bond Bank. In the event of such determination, Bonds shall be sold to the Bond Bank at a price not less than 97.5% of the par value of the Bonds or such higher percentage of the par vah~.e of the Bonds as may be set forth in the Purchase Agreement (defined herein) and in such denomination or denominations as the Bond Bank may request and pursuant to a purchase agreement (the "Purchase Agreement") between the City and the Bond Bank, hereby authorized to be entered into and executed by the Mayor on behalf of the City, and attested by the Clerk, subsequent to the date of the adoption of this Ordinance. Such Purchase Agreement may set forth the definitive terms and conditions for such sale, but all of such terms and conditions must be . consistent with the terms and conditions of this Ordinance, including without limitation, the interest rate or rates on the Bonds which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to this Ordinance. Bonds sold to the Bond Bank shall be accompanied.by all documentation required by the Bond Bank pursuant to the provisions of Indiana Code 5-1.5 and the Purchase Agreement, including, without limitation, an approving opinion of nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Bonds to the Bond Bank, challenging the validity or issuance of the Bonds. In the event the Controller determines to sell the Bonds to the Bond Bank, the submission of an application to the Bond Bank and the entry by the City into the Purchase Agreement and the execution of the Purchase Agreement on behalf of the City by the Mayor in accordance with this Ordinance are hereby authorized approved and ratified. -25- BDDBO] 5738468v1 (e) Sale to the Authority. The Bonds may, in the discretion of the Controller, based upon the advice of the Financial Advisor, be sold to the Authority. The Board is hereby authorized to submit an application to the wastewater SRF loan program (the "SRF Program") under Indiana Code 4-4-11 and Indiana Code 13-18-13. As a part of said program, the Financial Assistance Agreement for the Bonds and the Project shall be executed by the City and the Authority. The substantially final form of Financial Assistance Agreement attached as Appendix B hereto and incorporated herein as if set forth in this place is hereby approved by the Common Council, and the Mayor and the Clerk are hereby authorized to execute the same on behalf of the City, and to approve any changes in form or substance to the Financial Assistance Agreement, such approval to be conclusively evidenced by its execution. The Financial Assistance Agreement may set forth the definitive terms and conditions for such sale including the purchase price and interest rate, but all of such terms and conditions must be consistent with the terms and conditions of this Ordinance, including, without limitation, the interest rates on the Bonds which shall not exceed the maximum rate of interest for the Bonds authorized pursuant to this Ordinance. Bonds sold to the Authority shall be accompanied by all documentation required by the Authority pursuant to Indiana Code 4-4-11 and Indiana Code 13-18-13, and the Financial Assistance Agreement, including, without limitation, an approving opinion of a nationally recognized bond counsel, certification and guarantee of signatures and certification as to no litigation pending, as of the date of delivery of the Bonds to the Authority, challenging the validity or issuance of the Bonds. In the event the Controller determines to sell the Bonds to the Authority, the entry by the City into the Financial Assistance Agreement and the execution of the Financial Assistance Agreement by the -26- BDDBOI 5738468v1 Mayor, and, if required, the entry by the City into a purchase agreement or any other agreement with the Authority and the execution thereof by the Mayor, in accordance with this Ordinance are hereby authorized, approved and ratified. 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 (1) any forgivable loans, grants or other assistance whether available as an alternative to any Bond related provision otherwise provided for herein or as a supplement or addition thereto and (2) one or more series or combination of series of Bonds and/or BANs). If required by the SRF Program to be eligible. for such financial assistance, one or more of the series of the Bonds or BANS issued hereunder may be issued on a basis such that the payment of the principal of or interest on (or both) such series of Bonds is junior and subordinate to the payment of the principal of and interest on other series of 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 Bonds as modified pursuant to this authorization. Such financial assistance, if any, shall be as provided in the Financial Assistance Agreement and the Bonds of each series of Bonds and the BANS of each series of BANs issued hereunder (including any modification made pursuant to the authorization in this paragraph to the form of Bond otherwise contained herein). (f) Credit Enhancement• Opinion of Bond Counsel. Prior to the delivery of the Bonds and BANS, the Mayor, subject to the direction of the Common Council, (i) shall be authorized to investigate, negotiate and obtain bond insurance, other forms of credit enhancement and/or credit ratings on Bonds (and the BANs, if issued) and -27- BDDBOI 5738468v1 (ii) shall obtain a legal opinion as to the validity of the Bonds (and the BANs, if issued) from Baker & Daniels LLP, South Bend, Indiana, bond counsel for the City, with such opinion to be furnished to the purchaser of the Bonds or to the purchaser of the BANS at the expense of the City. The costs of obtaining any such insurance, other credit enhancement and/or credit ratings, together with bond counsel's fee in preparing and delivering such opinion and in the performance of related services in connection with the issuance, sale and delivery of the Bonds and BANs, shall be considered as a part of the cost of the Project and shall be paid out of the proceeds of the Bonds and BANs, respectively. Section X. Disposition of Proceeds of the Bonds and BANs City of South Bend, 2009 Sewage Works Construction Account. The proceeds from the sale of the BANS (or, if and to the extent the BANs are not issued, the Bonds) shall be deposited in a bank or banks which are legally qualified depositories for the funds of the City, in the special account to be designated as "City of South Bend 2009 Sewage Works Construction Account" (the "Construction Account"). Amounts in the Construction Account shall be expended only for the purpose of paying the costs of the Project, refunding the BANs, if issued, paying the costs of issuance of the Bonds and the BANS, if the BANs are issued,. or as otherwise permitted or required by the Act. Any balance or balances remaining unexpended in the Construction Account after completion of the Project, which are not required to meet unpaid obligations incurred in connection with the acquisition, construction, installation or equipping of the Project, shall be used solely for one or more of the purposes permitted under the provisions of Indiana Code 5-1-13, as amended, or be applied upon the terms forth in the Financial Assistance Agreement. Pursuant to the Act, the owners of the -28- BDDBOI 5738468v1 Bonds and BANS shall be entitled to a lien on the proceeds of the Bonds and BANS, respectively, until such proceeds are applied as required by this Ordinance and by Indiana law. Notwithstanding the provisions of this Section X, if BANS are issued, then the proceeds of the Bonds relating thereto shall be used to refimd the BANS or to pay additional Project costs and are hereby pledged for such purposes, and any proceeds of the Bonds remaining after the BANS have been paid in full and after completion of the Project shall be used solely for one or more of the purposes permitted under the provisions of Indiana Code 5-1-13, as amended. If the Bonds are sold to the Authority, to the extent that (a) the total principal amount of the Bonds is not paid by the purchaser or drawn down by the City or (b) proceeds remain in the Construction Account and are not applied to the Project (or any modifications or additions thereto approved by the Department and the Authority), the City shall reduce the principal amount of the Bonds' maturities to effect such reduction in a manner that will still achieve as level an annual debt service as practicable as described in Section III of this Ordinance subject to and upon the terms forth in the Financial Assistance Agreement. Section XI. Se e ation and A lication of Sewa e Works Revenues. All revenues derived from the operation of the Sewage Works and from the collection of sewage rates and charges shall be deposited in a special fund of the City (the "Revenue Fund") and segregated and kept separate and apart from all other funds and bank accounts of the City. Out of said revenues the proper and reasonable expenses of operation, repair and maintenance of the Sewage Works shall be paid, the principal and interest of all bonds and fiscal agency charges of bank paying agents shall be paid, and the costs of replacements, extensions, additions and improvements shall be paid as hereinafter provided. -29- BDDBOI 5738468vt On the last day of each calendar month there shall be credited from the Revenue Fund to the Sewage Works Operation and Maintenance Fund previously established and continued hereby, a sufficient amount of the revenues of the Sewage Works so that the balance in said fund shall be sufficient to pay the expenses of operation, repair and maintenance of the works for the then next succeeding two (2) 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 Sewage Works on a day-to-day basis, but none of the moneys in such fund shall be used for depreciation, replacements, improvements, extensions or additions. Any balance in said fund in excess of the expected expenses of operation, repair and maintenance for the next succeeding calendar month may be transferred to the Sewage Works Sinking Fund if necessary to prevent a default in the payment of principal or interest on outstanding bonds of the Sewage Works. Section XII. Sewas?e Works Sinking Fund. (a) There shall be deposited from the Revenue Fund into the Sewage Works Sinking Fund previously established and continued hereby for the payment of the interest on and principal of revenue bonds which by their terms are payable from the Net Revenues of the Sewage Works, and the payment of any fiscal agency charges in connection with the payment of such bonds and interest thereon, a sufficient amount of the Net Revenues of said Sewage Works to meet the requirements of the Bond and Interest Account and the Reserve Account previously established and continued hereby in said Sewage Works Sinking Fund. Such payments shall continue until the balance in the Bond and Interest Account, plus the balance in the Reserve Account, equals the principal -30- BDDB01 5738468v1 of and interest on all of the then outstanding bonds of the Sewage Works to the fmal maturity thereof. (b) Bond and Interest Account. There shall be transferred, on or before the las± 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-sixth (1/6) of the interest on all then outstanding bonds of the Sewage Works payable on the then next succeeding Interest Payment Date, and one-twelfth (1/12) of the amount of principal payable on all then outstanding bonds of the Sewage Works payable on the then next succeeding principal payment date, until the amount of interest and principal payable on the next succeeding respective interest and principal payment dates shall have been so credited; provided that such fractional amounts shall be appropriately increased, if necessary, to provide for the first interest and first principal payments on the Bonds. There shall similarly be credited to the Bond and Interest Account any amount necessary to pay the bank fiscal agency charges, if any, for paying the principal of and interest on outstanding bonds of the Sewage Works as the same become payable. The City shall, from the sums deposited in the Sewage Works Sinking Fund and credited to the Bond and Interest Account, remit promptly to the registered owners of the outstanding bonds of the Sewage Works or to the bank fiscal agency sufficient moneys to pay the principal and interest on the due dates thereof together with the amount of any bank fiscal agency charges. (c) Reserve Account. On the date of delivery of the Bonds or any other bonds payable from the Reserve Account, funds on hand of the Sewage Works, proceeds of the Bonds or such other bonds or a combination thereof may be deposited into the Reserve Account. The balance to be maintained in the Reserve Accourit shall -31- BDDB01 5738468v1 equal but not exceed an amount (the "Reserve Requirement") equal to the least of (i) maximum annual debt service on the Bonds and any other bonds payable from the Reserve Account, (ii) one hundred twenty-five percent (125%) of average annual debt service on the Bonds and any other bonds payable from the Reserve Account, or (iii) ten percent (10%) of the proceeds of the Bonds and any other bonds payable from the Reserve Account, plus if and to the extent the amount set forth above is less than maximum annual debt service on the Bonds and any other bonds payable from the Reserve Account, a minor portion of the proceeds thereof under Section 148(e) of the Code. If the initial deposit into the Reserve Account does not equal the Reserve Requirement, or if no deposit is made, the City shall deposit a sum of Net Revenues into the Reserve Account on the last day of each calendar month until the balance equals the Reserve Requirement. The monthly deposits shall be equal in amount and sufficient to accumulate the Reserve Requirement within five (5) years of the date of delivery of the Bonds. The Reserve Account shall constitute the margin for safety and protection against default in the payment of principal of and interest on the Bonds and any other bonds payable from the Reserve Account, and the moneys in the Reserve Account shall be used to pay current principal and interest on the Bonds and any other bonds payable from the Reserve Account to the extent that moneys in the Bond and Interest Account are insufficient for that purpose. Any deficiency in the balance maintained in the Reserve Account shall be made up from the next available Net Revenues remaining after credits into the Bond and Interest Account. Any moneys in the Reserve Account in excess of the Reserve Requirement shall either be transferred to the Sewage Works Improvement Fund or be used for the purchase of outstanding bonds or installments of principal of fully -32- BDDBOI 5738468v 1 registered bonds at a price not exceeding par and accrued interest, and redemption premium, if any. In the event the Bonds are sold to the Authority, notwithstanding the foregoing, the Reserve Requirement shall be the combined maximum annual debt service on the Bonds, any Prior Bonds payable from the Reserve Account, and any parity bonds hereafter issued. In such event, on each January 2 subsequent to the delivery of the Bonds, beginning with the January 2 immediately succeeding completion of the Project, the Controller shall decrease, if necessary, the amount on deposit in the Reserve Account so that the remaining amount on deposit equals the Reserve Requirement, provided that the City shall provide to the Authority fifteen (15) days prior written notice of any such intended transfer from the Reserve Account. In the event additional bonds payable from the Net Revenues of the Sewage Works are hereafter issued on a parity with the Bonds, the Reserve Requirement shall be proportionately increased to equal maximum annual debt service on the Bonds, any Prior Bonds payable from the Reserve Account, and all bonds hereafter issued on a parity therewith; provided, that, if nationally recognized bond counsel is unable to provide an opinion that interest on such proposed additional parity bonds is excludable from gross income for federal income tax purposes as a result of the determination of the Reserve Requirement in the manner provided in this paragraph, then the City may, in order to allow such opinion to be issued, establish a separate reasonably required reserve fund that secures only the proposed parity bonds and shall expressly provide in the authorizing ordinance for such proposed parity bonds that the moneys deposited in the Reserve Account hereby as a margin of safety for the payment of principal of and interest on the Bonds do not secure such proposed parity bonds. -33- BDDBO 1 5738468v l The City may at any time and from time to time fund all or any part of the Reserve Account by depositing in the Reserve Account one or more debt service reserve surety bonds or insurance policies (each, a "Reserve Account Credit Instrument"), each of which is issued by an insurance company rated at the time of deposit in the highest rating category by Standard & Poor's Corporation and Moody's Investors Service. As long as any Reserve Account Credit Instrument is in full force and effect, any valuation of the Reserve Account shall treat the maximum amount available under such Reserve Account Credit Instrument as its value. If the Reserve Account Credit Instrument is provided subsequent to the initial cash contribution to the Reserve Fund, and the Bonds are purchased by the Authority, notice of the purchase of the Reserve Account Credit Instrument shall be given to the Authority. Prior to applying any funds held in any debt service reserve accounts securing any obligations payable out of the revenues of the sewage works of the City to the payment of such obligation, the City shall cause all funds held in the Sewage Works Sinking Fund (or any like fund or account from which debt service has been structured to be paid) to be applied in full before any such reserve accounts are so applied. (d) Depository Ai?reements. The Sinking Fund, containing the Bond and Interest Account and the Reserve Account, and/or the Construction Account may be held by a financial institution acceptable to the Authority, pursuant to terms acceptable to the Authority. If the Sinking Fund and the accounts therein are held in trust, the City shall transfer the monthly required amounts of Net Revenues to the Bond and Interest Account and the Reserve Account, and the financial institution holding such funds in . trust shall be instructed to pay the required payments in accordance with the payment - 34 - BDDB01 5738468v1 schedules for the City's outstanding bonds. The Common Council hereby authorizes the Mayor and Controller to execute and deliver an agreement with a fmancial institution to reflect this trust arrangement for the Sinking Fund and/or the Construction Account. Section XIII. Funding Imnroveinents to the Sewage Works. On the fast day of each calendar month, after meeting the requirements for operation, repair and maintenance, and the Sewage Works Sinking Fund, all available Net Revenues shall be credited to the Sewage Works Improvement Fund previously established and continued hereby. Said fund shall be used for improvements, replacements, additions and extensions of the Sewage Works, or for any other lawful purpose, including transfers to the cash reserve fund of the utility or the general fund of the City representing payments in lieu of taxes and a reasonable rate of return on the Sewage Works. Moneys in the Sewage Works Improvement Fund shall be transferred to the Sewage Works Sinking Fund if necessary to prevent a default in the payment of principal and interest on the then outstanding bonds or if necessary to eliminate any deficiencies in credits to or minimum balance in the Reserve Account of the Sewage Works Sinking Fund. Moneys in the Sewage Works Improvement Fund also may be transferred to the Operation and Maintenance Fund to meet unforeseen contingencies in the operation, repair and maintenance of the Sewage Works. Section XIV. Investment of Funds. All. of the amounts in the funds and accounts created pursuant to this Ordinance shall be deposited in lawful depositories of the State of Indiana, and shall be continuously held and secured or invested as provided by the laws of the State of Indiana relating to the depositing, securing, holding and investing of public funds, including particularly Indiana Code 5-13, as amended and supplemented, including pursuant to Indiana Code 4-4-11 and Indiana Code 13-18-13. The amounts in the Sewage Works Sinking Fund shall be deposited in and maintained as a separate account or accounts from all other bank -35- BDDBOI 5738468v1 accounts of the City. The Operation and Maintenance Fund and the Sewage Works Improvement Fund may be maintained in a single account, or accounts, but such account or accounts shall likewise be maintained separate and apart from all other bank accounts of the City and apart from the Sinking Fund account or accounts. In no event shall any of the Net Revenues of the Sewage Works be transferred or used for any purpose not authorized by this Ordinance so long as any of the bonds of the Sewage Works issued pursuant to the provisions of this Ordinance shall be outstanding. Investment income earned on moneys in the funds and accounts established by this Ordinance shall become a part of the funds and accounts invested (except as otherwise provided in Section XII hereof) and shall be used only as provided in this Ordinance and the Prior Ordinance. Section XV. Books of Record and Accounts. The City shall keep proper books of record and accounts, separate from all of its other records and accounts, in which completed and correct entries shall be made showing all revenues collected from said works and deposited in said funds, and all disbursements made therefrom on account of the operation of the works, and to meet the requirements of the Sewage Works Sinking Fund, and all other financial transactions relating to said works, including the amounts set aside or credited to the Sinking Fund, the Sewage Works Operation and Maintenance Fund and the Sewage Works Replacement Fund, and the cash balances in each of said funds and accounts described herein as of the close of the preceding fiscal year. There shall be prepared and furnished, upon written request, to any owner of the Bonds or BANS at the time then outstanding, not more. than one hundred twenty (120) days after the close of each fiscal year, complete financial statements of the works, covering the preceding fiscal year, which annual statements shall be certified by the Controller, or by licensed independent public accountants employed for that purpose. Copies of all such -36- BDDBOI 5738463v1 statements and reports shall be kept on file in the office of the Controller. Any owner or owners of the Bonds or BANS then outstanding shall have the right at all reasonable times to inspect the works and all records, accounts and data of the City relating thereto. Such inspections may be made by representatives duly authorized by written instrument. If the Bonds or BANs are sold to the Bond Bank or the Authority, 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 Sewage Works in accordance with (i) generally accepted 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 XVI. Rates and Charges. The City covenants and agrees that it will establish and maintain just and equitable rates or charges for the use of and the services rendered by said works, to be paid by the owner of each and every lot, parcel of real estate or building that is connected with and uses said Sewage Works by or through any part of the sewage works system of the City, or that in any way uses or is served by such sewage works, at a level adequate to produce and maintain sufficient revenue (including user and other charges, fees, income, or revenues available to the City) to provide for the proper Operation and Maintenance (as defined in the Financial Assistance Agreement) of the works, to comply with and satisfy all covenants contained in this Ordinance and the Financial Assistance Agreement, and for the payment of the sums required to be paid into the Sewage Works Sinking Fund by the Act and this Ordinance; and that such rates or charges shall be sufficient in each year to produce net revenues, as defined in Section VI of this Ordinance, at least equal to 1.1 times the greater of the average annual debt service on the Prior Bonds, the Bonds and all bonds on a parity therewith or the debt service -37- BDDBOI 5738468v1 payable during the next succeeding twelve calendar months on the Prior Bonds, the Bonds and all bonds on a parity therewith. For these purposes, the interest rate on variable rate debt shall be assumed to be the average interest rate thereon in the preceding calendar year. Such rates or charges shall, if necessary, be changed and readjusted from time to time so that the revenues therefrom shall always be sufficient to .meet the expenses of Operation and Maintenance of the Sewage Works and the requirements of the Sewage Works Sinking Fund. The rates or charges so established shall apply to any and all use of such Sewage Works by and service rendered to the City and all departments thereof and shall be paid no less frequently than semi-annually by the City or the various departments thereof as the charges accrue. Section XVII. Defeasance. If, when the Bonds issued hereunder (or portions 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 Bonds (or portions thereof) for redemption shall have been given, and the whole amount of the principal and the interest and the premium, if any, so due and payable upon all of the Bonds (or portions thereof) then outstanding shall be paid; or (i) sufficient moneys, or (ii) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America, the principal of and the interest on which when due will provide sufficient moneys, or (iii) time certificates of deposit fully secured as to both principal and interest by obligations of the kind described in (ii) above of a bank or banks the principal of and interest on which when due will provide sufficient moneys, shall be held in trust for such purpose, and provision shall also be made. for paying all fees and expenses for the redemption, then and in that case the Bonds (or -38- BDDBO] 5738468v1 portions thereof) issued hereunder shall no longer be deemed outstanding or entitled to the pledge of the net revenues of the City's Sewage Works. Section XVIII. Additional BANS and Bonds. The City will issue no other bonds or obligations of any kind or nature payable from or enjoying a lien on the Net Revenues of the Sewage Works having priority over the Bonds herein authorized. The City reserves the right to authorize and issue additional BANS at any time ranking on a parity with the BANS so long as the interest is payable only on the same date(s) as that provided in the BAN Purchase Agreement and the principal is payable solely from the Bond proceeds. The City also reserves the right to authorize and issue additional bonds, payable out of the net revenues of its Sewage Works, ranking on parity with the Bonds authorized by this Ordinance, for the purpose of financing the cost of future additions, extensions and improvements to the Sewage Works, subject to the following conditions: (a) The interest on and principal of all bonds payable from the revenues of the Sewage Works shall have been paid to date in accordance with the terms thereof, provided, this condition shall be deemed satisfied if any required amount is to be provided from the proceeds of the parity bonds or other funds of the City. (b) All required payments into the Sinking Fund shall have been made in accordance with the provisions of this Ordinance, and the interest on and principal of all bonds payable from the net xevenues of the Sewage Works shall have been paid to date in accordance with the terms thereof. (c) The net revenues of the Sewage Works in the fiscal year immediately preceding the issuance of any such bonds ranking on a parity with the Bonds authorized by this Ordinance shall be not less than one hundred twenty-five percent -39- BDDBOI 5738468v1 (125%) of the maximum annual interest and principal requirements of the then outstanding Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued; or, prior to the issuance of said parity bonds, the sewage rates and charges shall be increased sufficiently so that said increased rates and charges applied to the previous fiscal year's operations would have produced net revenues for said year equal to not less than one hundred twenty-five percent (125%) of the maximum annual interest and principal requirements of the then outstanding Bonds, any then outstanding parity bonds and the additional parity bonds proposed to be issued. For purposes of this subsection, the records of the Sewage Works shall be analyzed and all showings shall be prepared by a certified public accountant or nationally recognized firm of professionals experienced in analyzing financial records of municipal utilities retained by the City for that purpose. For purposes of this Subsection 18 (b), Federal Cash Payments shall be calculated and applied (i) in an amount not to exceed the amount thereof projected to be received in the same bond year ending coterminous with the bond year ending with such maximum annual interest and principal requirements of the then outstanding bonds and the additional bonds proposed to be issued and (ii) solely for the term in which the Federal Cash Payment applies. (d) The principal of said additional parity bonds shall be payable on December 1 and the interest on said additional parity bonds shall be payable semiannually on June 1 and December 1 during the periods in which such principal and interest are payable. (e) If the Bonds are sold to the Authority, (i) the City has obtained the consent of the Authority, (ii) the City has faithfully performed and is in compliance with -40- BDDBOI 5738468v1 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 National Pollutant Discharge Elimination System permits, except for non-compliance, if any, for which the additional parity bonds are issued, including refunding bonds issued prior to, but part of the overall plan to eliminate such non-compliance. Section XIX. Additional Covenants of the City. For the purpose of further safeguarding the interests of the owners of the Bonds herein authorized, it is specifically provided as follows: (a) All contracts let by the City in connection with the construction of said additions and improvements to the Sewage Works shall be let after due advertisement as required by the laws of the State of Indiana, and all contractors shall be required to furnish surety bonds in an amount equal to one hundred percent (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. (b) Said additions and improvements shall be constructed under the supervision and subject to the approval of the Consulting Engineers or such other competent engineer as shall be designated by the Board. All estimates for work done or material furnished shall first be checked by the Consulting Engineers and approved by the Board. -41- BDDBOI 5738468v1 (c) The City shall at all times maintain its Sewage Works in good condition and operate the same in an efficient manner and at a reasonable cost. (d) So long as any of the Bonds herein authorized are outstanding, the City shall maintain insurance coverage (which must be acceptable to the Authority if the Authority owns the Bonds), including fidelity bonds, to protect the sewage works and its operations on the insurable parts of said Sewage Works of a kind and in an amount such as would normally be carried by private companies engaged in a similar type of business. All insurance shall be placed with responsible insurance companies qualified to do business under the laws of the State of Indiana, provided, however, such insurance requirement may be satisfied, in part or in whole, through the City's self insurance program. In the Bonds are sold to the Authority for participation in the wastewater SRF loan program under Indiana Code 13-18-13, use of the City's self-insurance program to satisfy any of the insurance requirements set forth herein shall be subject to the approval of the Authority. Insurance proceeds and condemnation awards shall be used to replace or repair the property, or, if not used for that purpose, shall be treated and applied as net revenues of the sewage works (provided such is consented to by the Authority if the Authority owns the Bonds). (e) So long as any of the Bonds are outstanding, the City shall not mortgage, pledge or otherwise encumber such sewage works, or any part thereof, nor shall it sell, lease or otherwise dispose of any portion thereof except replace equipment which may become worn out or obsolete, without the prior written consent of the Authority if the Bonds are sold to the Authority. -42- BDDB01 5738468v1 (f) If the Bonds are sold to the Authority, the City shall not borrow any money, enter into any contract or agreement or incur any other liabilities in connection with the Sewage Works, other than for normal operating expenditures, wi±hout the prior written consent of the Authority if such undertaking would involve, commit, or use the revenues of the Sewage Works. (g) Except as hereinbefore provided in Section XVI hereof, so long as any of the bonds herein authorized are outstanding, no additional bonds or other obligations pledging any portion of the revenues of said Sewage Works shall be authorized, executed or issued by the City except such as shall be made subordinate and junior in all respects to the bonds herein authorized, unless all of the bonds herein authorized are redeemed, retired or defeased pursuant to Section XV hereof coincidentally with the delivery of such additional bonds or other obligations. (h) The City shall take all action or proceedings necessary and proper to require connection of all property where liquid and solid waste, sewage, night soil, or industrial waste is produced with available sanitary sewers. The City shall, insofar as possible, cause all such sanitary sewers to be connected with said Sewage Works. (i) The provisions of this Ordinance shall constitute a contract by and between the City and the owners of the sewage works revenue bonds herein authorized, and after the issuance of said bonds, this Ordinance shall not be repealed or amended in any respect which will adversely affect the rights of the owners of said bonds, nor shall the Common Council adopt any law, ordinance or resolution which in any way adversely affects the rights of such owners so long as any of said bonds or the interest thereon remains unpaid. -43- BDDBOI 5738468v1 (j) The provisions of this Ordinance shall be construed to create a trust in the proceeds of the sale of the bonds herein authorized for the uses and purposes herein set forth, and the owners of the bonds shall retain a lien on such respective proceeds until ±he same are applied in accordance with the provisions of this Ordinance and of the Act. The provisions of this Ordinance shall also be construed to create a trust in the portion of the net revenues herein directed to be set apart and paid into the Sewage Works Sinking Fund for the uses and purposes of said fund as in this Ordinance set forth. The owner of said bonds shall have all of the rights, remedies and privileges set forth in the provisions of the Act, including the right to have a receiver appointed to administer said Sewage Works in the event of default in the payment or the principal of or interest on any of the bonds herein authorized or in the event of default in respect to any of the provisions of this Ordinance or the Act. The Common Council reserves the right, however, to amend this Ordinance from time to time to preserve the Tax Exemption described in Section XIX hereof without the approval of any owner of the bonds so long as the Common Council certifies that such amendment does not violate subsection (i) of Section XVII; provided, however, that if the Bonds are sold to the Authority, the City shall obtain the prior written consent of the Authority. Section XX. Permitted Actions Relatin to Preservation of Exclusion of Interest from Federal Gross Income. (a) The Controller is hereby authorized to invest moneys. pursuant to the provisions of this Ordinance and Indiana Code 5-1-14-3 at a restricted yield (subject to applicable requirements of federal law to insure that any such investment is acquired for fair market value) to the extent necessary or advisable to preserve the exclusion from -44- BDDBOI 5738468vi gross income of interest on the Bonds, or the tax exempt status of interest on the Bonds, under federal law. (b) The Controller shall keep full and accurate records of investment earnings and income from moneys held in the funds and accounts created or referenced herein. In order to comply with the provisions of this Ordinance, the Controller is hereby authorized and directed to employ consultants or attorneys from time to time to advise the City as to requirements of federal law to preserve the tax exclusion or exemption. Section XXI. Tax Covenants. In order to preserve the exclusion of interest on the Bonds and the BANS from gross income for federal income tax purposes and as an inducement to purchasers of the Bonds and BANS, 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 Bonds or BANS or property financed by the Bond or BAN proceeds other than as a member of the general public. No person or entity other than the City or another state or local governmental unit will own property financed by the Bond or BAN 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 Bond or BAN proceeds will be loaned to any entity or person. No Bond or BAN proceeds will be transferred, directly or indirectly, or deemed transferred to a nongovernmental person in any manner that would in substance constitute a loan of the Bond or BAN proceeds. -45- BDDBO] 5738468v1 (c) The City will not take, or cause to permit to be taken by it or by any party under its control, or fail to take or cause or permit to fail to be taken by it or by any party under its control, any action with respect to the Bonds or BANS that would result in the loss of the exclusion from gross income for federal income tax purposes of interest on the Bonds or BANS pursuant to Section 103 of the Code, nor will the City act in any other manner which would adversely affect such exclusion. The City further covenants that it will not make any investment or do any other act or thing during the period that any Bond or BAN is outstanding hereunder which would cause any Bond or BAN to be an "arbitrage bond" within the meaning of Section 148 of the Code and the regulations applicable thereto as in effect on the date of delivery of the Bonds or BANS. (d) The City will, to the extent necessary to preserve the exclusion of interest on the Bonds and BANS from gross income for federal income tax purposes, rebate all required arbitrage profits on Bond and BAN proceeds or other moneys treated as Bond or BAN proceeds to the federal government and will set aside such moneys in a Rebate Account to be held by the Controller in trust for such purpose. Section XXII. Com Hance with Tax Sections. Notwithstanding any other provisions of this Ordinance, the covenants and authorizations contained in this Ordinance ("Tax Sections") which are designed to preserve the tax exempt status of interest on the Bonds or BANS or the exclusion of interest on the Bonds or BANS from gross income under federal law ("Tax Exemption") need not be complied with if the City receives an opinion of nationally recognized bond counsel that any Tax Section is unnecessary to preserve the Tax Exemption. Section XXIII. Supplemental Ordinances. Without notice to or consent of the owners of the bonds or BANS herein authorized, the City may, from time to time and at any time, -46- BDDBOI 5738468v1 adopt an ordinance or ordinances supplemental hereto (which supplemental ordinance or ordinances shall thereafter form a part hereof) for any of the following purposes: (i) To cure any ambiguity or formal defect or omission in this Ordinance or in ary supplemental ordinance or to make any other change authorized herein; (ii) To grant to or confer upon the owners of the Bonds and BANS any additional benefits, rights, remedies, powers, authority or security that may lawfully be granted to or conferred upon the owners of the Bonds and BANS or to make any change which, in the judgment of the City, is not to the prejudice of the owners of the Bonds or BANS; (iii) To modify, amend or supplement this Ordinance to permit the qualification of the Bonds or BANS for sale under the securities laws of the United States of America or of any of the states of the United States of America or to obtain or maintain bond insurance or other credit enhancement with. respect to payments of principal of and interest on Bonds or BANS; (iv) To provide for the refunding or advance refunding of the Bonds; (v) To procure a rating on the Bonds from a nationally recognized securities rating agency or agencies designated in such supplemental ordinance if such supplemental ordinance will not adversely affect the owners of the Bonds or any other bonds ranking on a parity with such Bonds; or (vi) To accomplish any other purpose which, in the judgment of the City, does not adversely affect the interests of the owners of the Bonds or BANS; -47- BDDBOI 5738468v] provided, however, that if the Bonds or BANS are sold to the Authority, the City shall obtain the prior written consent of the Authority. Subject to the terms and provisions contained in this Section, and not otherwise, the owners of not 1Pss than sixty-six and two-thirds percent (66-2/3%) in aggregate principal. amount of the Bonds issued pursuant to this Ordinance and then outstanding shall have the right, from time to time, anything contavned in this Ordinance to the contrary notwithstanding, to consent to and approve the adoption by the City of such ordinance or ordinances supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of modifying, altering, amending, adding to or rescinding in any particular any of the terms or provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, that if the Bonds are sold to the Authority, the City shall obtain the prior written consent of the Authority; and provided, further, that nothing herein contained shall permit or be construed as permitting: (a) A reduction in the Reserve Requirement; or (b) An extension of the maturity of the principal of or interest on any Bond issued pursuant to this Ordinance; or (c) A reduction in the principal amount of any bond or the redemption premium or the rate of interest thereon; or (d) The creation of a lien upon or a pledge of the net revenues of the sewage works ranking prior to the pledge thereof created by this Ordinance; or (e) A preference or priority of any Bond or Bonds issued pursuant to this Ordinance over any other Bond or Bonds issued pursuant to the provisions of this Ordinance; or -48- BDDBOI 5738468v1 (f) A reduction in the aggregate principal amount of the Bonds required for consent to such supplemental ordinance. The owners of not less than sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of the Bonds outstanding at the time of adoption of such supplemental ordinance shall have consented to and approved the adoption thereof by written instrument to be maintained on file in the office of the Controller of the City. No owner of any Bond issued pursuant to this Ordinance 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 City or its officers 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 this 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 Bonds issued pursuant to the provisions of this Ordinance 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 Bonds authorized by this Ordinance, and the terms and provisions of the bonds and this Ordinance, or any supplemental ordinance, may be modified or altered in any respect with the consent of the City and the consent of the owners of all the Bonds issued pursuant to this Ordinance then outstanding. -49- BDDBOI 5738468v1 Notwithstanding anything in this Section ~XI of this Ordinance, as to any series of Bonds sold to the Authority pursuant to Section VIII of this Ordinance, no supplemental ordinance shall be adopted unless consented to in writing by the Authority. Section x~N. Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict herewith are hereby repealed; provided, however, that this Ordinance shall not be deemed in any way to repeal,-amend, alter or modify any of the Prior Ordinance, nor be construed as adversely affecting the rights of any of the owners of the outstanding Prior Bonds. Section XXV. Rates and Char>?es. The estimate of rates and charges which will be needed and charged to the general classes of users of property to be served by the Sewage Works in order to provide sufficient moneys to make payments of principal of and interest on the Bonds, along with the other payments identified in this Ordinance, is set forth in adopted , Section XXVI. Notice of Ado tion and Pu ort of Ordinance. Upon passage of this Ordinance, the Clerk of the City shall immediately cause to be published in accordance with Indiana Code 5-3-1 a notice of the adoption and the purport of this Ordinance in accordance with Section 10 of the Act with respect to the Project. In the event an objecting petition is filed in accordance with Section 12 of the Act, no further proceedings shall be taken by the City relating to the Project until the later of (i) the date on which the court having jurisdiction over such matter confirms the decision of the City to issue bonds relating to the Project, or (ii) if an appeal is taken, the date on which the appropriate court of last resort confirms the decision of the City to issue bonds relating to the Project, except as permitted by Subsection 12(f) of the Act. Section XXVII. Payments on Holidays. 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, -50- BDDBOI 5738468v1 shall be a legal holiday or a day on which banking institutions in the City or the city in which the Registrar and 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. Notwithstanding the foregoing, with respect to any series of Bonds sold to the Authority pursuant to Section VIII of this Ordinance, if the date for making any payment is a day when financial institutions are not open for business, such payment shall be made on the business day immediately preceding such payment date. Section XXVIII. Captions. The captions in this Ordinance are inserted only as a matter of convenience and reference, and such captions are not intended and shall not be construed to define, limit, establish, interpret or describe the scope, intent or effect of any provision of this Ordinance. Section XXIX. Effectiveness. This Ordinance shall be in full force and effect from and upon compliance with the procedures required by law. ~~~*~ -51- BDDBOI 5738468v1 COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ATTEST: City Clerk Member of the Common Counc' 'vl~:'n.LJ*~ .+•3 +:. F:~% Ladid S-~ vr. aa~ 's. t+,, ~y,c ~'e gy A8;5}A q~.ry~~{yg ~pyp 9J~~ ~'!l 19~E~5~.7 Q.A~ ~e.~."w; ~tSJ ~i4t; lt7i R.::IC ~;/u~t ~~ this is5u~r 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 , 2009, at o'clock .m• Mayor, City of South Bend, Indiana z,~ _~~, PUBLIC HEARING 3 rd READ€NG BDDBOI 5738468v1 N07 ,4PPROVE~ REFERRED PASSED -s2- File In ~l~~l'~'~ ~A~€~~ JUL 2 ? 20C9 JGftiPd 1'4GPGE CITY t;LE:~K, '~. BERG, lid. APPENDIX A TO THE BOND ORDINANCE FORM OF REGISTERED BOND (Form of Face of Bond) UNITED STATES OF AMERICA STATE OF INDIANA, COUNTY OF ST. JOSEPH CITY OF SOUTH BEND, INDIANA, SEWAGE WORKS REVENUE BOND, SERIES 2009 No. 2009R- Interest Rate Registered Owner: Principal Amount: 2009 2009 The City of South Bend (the "City"), in St. Joseph County, State of Indiana, for value received, hereby promises to pay to the Registered Owner specified above, or registered assigns, upon surrender hereof, solely out of the special revenue fund hereinafter referred to, the Principal Amount stated above [, or so much thereof as may be advanced from time to time and be outstanding as evidenced by the records of the registered owner making payment for this Bond, or its assigns] on [the Maturity Date specified above] or December 1 in the years and in the amounts as set forth on Exhibit A attached hereto] (unless this Bond be subject to and shall have been called for redemption prior to maturity as hereinafter provided), and to pay interest hereon until the Principal Amount is fully paid at the Interest Rate per annum specified above from the Original Date or [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 an interest payment 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 15, 200_, it shall bear interest from the Original Date specified above], which such interest is payable semiannually on June 1 and December 1 of each year, Maturity Date Original Date Authentication Date. BDDBO] 5738458v1 A-1 commencing 1, Interest shall be calculated on the basis of twelve (12) thirty (30)-day months for a three hundred sixty (360)-day year. [The principal of and premium, if any, on this Bond is payable at the [principal corporate trust] office of in the of ,Indiana, or of any successor registrar and paying agent appointed by the City pursuant to the Ordinance hereinafter mentioned (the "Registrar" and the "Paying Agent").] All payments of [principal of and] interest hereon will be paid by cash or draft mailed or delivered by the Paying Agent to the Registered Owner hereof at the address as it appears on the registration books kept by [the Controller of the City (the "Registrar" or "Paying Agent") in the City or the Registrar ] as of the fifteenth day of the month immediately preceding the applicable interest payment date or at such other address as is furnished to the Paying Agent in writing by such Registered Owner. All payments on this Bond shall be made in any coin or currency of the United States of America which, on the dates of such payments, shall be legal tender for the payment of public and private debts. Notwithstanding the foregoing paragraph, so long as this Bond is registered in the name of the Indiana Finance Authority (the "Authority"), principal of and interest on this Bond shall be paid by wire transfer to a financial institution designated by the Authority on the due date of such payment or, if such date is a day when financial institutions are not open for business, on the business day immediately preceding such due date. So long as the Authority is the registered owner of this Bond, this Bond shall be presented for payment as directed by the Authority. So long as the Authority is the registered owner of this Bond, it is understood that principal shall not be payable and interest shall not accrue on ibis Bond until such principal amount has been advanced pursuant to requests made by the City to the Authority. This Bond and the other bonds of this issue, together with the interest payable hereon and thereon, are payable solely from and secured by an irrevocable pledge of and constitute a charge upon all of the net revenues (defined to be gross revenues after deduction only for the payment of the reasonable expenses of operation, repair and maintenance) derived from the sewage works of the City, including the existing works, the improvements and extensions acquired or constructed out of the proceeds of this Bond and the issue of which it is a part, and all additions and improvements thereto subsequently acquired or constructed; and rank on a parity with the Prior Bonds (as defined in the Ordinance (defined herein)). The City shall not be obligated to pay the principal of or interest on this Bond except from the special fund, entitled the "Sewage Works Sinking Fund" heretofore created by Ordinance No. ,adopted on , and subsequently continued, provided from the net revenues of such sewage works, and neither this Bond nor any of the bonds of the issue of which this Bond is a part shall constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana. The City, the Registrar and the Paying Agent may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and the interest due hereon and for all other purposes, and none of the City, the Registrar or the Paying Agent shall be affected by any notice to the contrary. BDDBOI 5738468v1 A-2 This Bond shall not be valid or become obligatory for any purpose or entitled to any security or benefit under the Ordinance herein described unless and until the certificate of authentication hereon shall have been executed by a duly authorized representative of the Registrar. This Bond is one of an authorized issue of bonds of the City of South Bend, Indiana, of like tenor and effect, except as to series, numbering, interest rate and date of maturity, in the total amount of Dollars ($ )numbered from 2009R-1 upward, issued for the purpose of providing funds to pay the cost of certain improvements and extensions to the sewage works of the City (the "Sewage Works"), and all expenses necessarily incurred in connection with the issuance of such bonds, as authorized by an ordinance adopted by the Common Council of the City of South Bend on the _ day of , 2009, entitled "An Ordinance of the Common Council of the City of South Bend, Indiana, Authorizing the. Acquisition, Construction and Installation by the City of South Bend, Indiana, of Certain Improvements and Extensions to the City's Sewage Works, the Issuance and Sale of Additional Revenue Bonds to Provide Funds for the Payment of the Costs Thereof, and the Collection, Segregation and Distribution of Revenues of Such Sewage Works and Other Related Matters" (the "Ordinance"), and in strict compliance with the provisions of Indiana Code, Title 36, Article 9, Chapter 23, and the laws amendatory thereof and supplemental thereto (the "Act"). Reference is hereby made to the Financial Assistance Agreement between the City and the Authority as to certain terms and covenants pertaining to the sewage works project and this Bond (the "Financial Assistance Agreement"). This Bond is issuable only in fully registered form in the denomination of One Dollar ($1) or any integral multiple thereof not exceeding the aggregate principal amount of the bonds of this issue maturing in any one year, unless this Bond is of a series of bonds sold to the Authority, in which case it maybe of such denomination as directed. Pursuant to the provisions of the Act and the Ordinance, the principal of and interest on this Bond and all other bonds of this issue, and any bonds hereafter issued on a parity therewith, are equally and ratably secured by and are payable solely from the Sewage Works Sinking Fund continued by the Ordinance to be provided from the net revenues (herein defined as the gross revenues after deduction only for the payment of the proper and reasonable expenses of Operation and Maintenance, as defined in the Financial Assistance Agreement) derived from the Sewage Works, including the existing works, the improvements and extensions acquired or constructed out of the proceeds of this Bond and the issue of which it is a part, and all additions and improvements thereto and replacements thereof subsequently constructed and acquired. This Bond shall rank on parity with the Prior Bonds (as defined in the Ordinance). This Bond does not and shall not constitute an indebtedness of the City within the meaning of the provisions and limitations of the constitution of the State of Indiana, and the City is not and shall not be obligated to pay this Bond or the interest thereon except from such special fund provided from such net revenues. The City irrevocably pledges the entire net revenues of the Sewage Works to the extent necessary for such purposes, to the prompt payment of the principal of and interest on the bonds BDDBOI 5738468v1 A-3 of this issue authorized pursuant to the Ordinance, including this Bond, any bonds hereafter issued on parity herewith. The City covenants that it will to the fullest extent permitted by law cause to be fixed, maintained and collected such rates and charges for services rendered by such works as are sufficient in each year for the payment of the proper and reasonable expenses of Operation and Maintenance (as defined in the Financial Assistance Agreement) of said works and for the payment of the sums required to be paid into said Sinking Fund under the provisions of said Act and said Ordinance to comply with and satisfy all covenants contained in this Ordinance and the Financial Assistance Agreement. In the event the City, or the proper officers thereof, shall fail or refuse to so fix, maintain and collect such rates or charges, or if there be a default in the payment of the principal of or interest on this Bond, the Registered Owner of this Bond shall have all of the rights and remedies provided for in the Act, including the right to have a receivez appointed to administer the works and to charge and collect rates sufficient to provide for the payment of the principal of and interest on this Bond. The City further covenants that it will set aside and pay into its Sewage Works Sinking Fund a sufficient amount of the net revenues of the Sewage Works to meet (a) the interest on all bonds payable from the revenues of the Sewage Works, as such interest shall fall due, (b) the necessary fiscal agency charges for paying all bonds and interest, (c) the principal of all bonds payable from the revenues of the Sewage Works, and (d) an additional amount as a margin of safety to create the reserve required by the Ordinance. The bonds of this issue maturing on or after 1, 200_, are subject to redemption prior to maturity, at the option of the City, in whole or in part, on 1, 20 , or at any time thereafter, or sixty (60) days' notice, in inverse order of maturity and by lot within any such maturity or maturities by the Registrar at a redemption price expressed as a percentage of the principal amount of each bond to be redeemed in accordance with the following schedule, plus accrued interest to the date of redemption: Redemption Period (Both Dates Inclusive) Redemption Price 20_, through , 20_ -% 20_, and thereafter prior to maturity _% Notice of any such redemption shall be sent by registered or certified mail to the Registered Owner of this Bond not more than ninety (90) and not less than sixty (60) days prior to the date fixed for redemption, unless such notice is waived by the Registered Owner; provided, however, that failure to give such notice by mailing, or any defect therein, with respect to any such bond will not affect the validity of any proceedings for redemption of any other such bonds. The notice shall specify the redemption price, the date and place of redemption, and the registration numbers (and in case of partial redemption, the respective principal amounts) of the bonds called for redemption. Interest on bonds so called for redemption shall cease to accrue on the redemption date fixed in such notice, so long as sufficient funds are available at the place of redemption to pay the redemption price on the redemption date or when presented for payment. BDDB01 5738468v l A-4 Prior to the date fixed for redemption, funds shall be deposited with the Paying Agent to pay, and the Paying Agent is hereby authorized and directed to apply such funds to the payment of the bonds or portions thereof called, together with accrued interest thereon to the redemption date and any required premium. No payment shall be made by the Paying Agent upon any bond or portion thereof called for redemption until such bond shall have been delivered for payment or cancellation or the Registrar shall have received the items required by the Ordinance with respect to any mutilated, lost, stolen or destroyed bond. If this Bond or a' portion hereof shall have become due and payable in accordance with its terms or this Bond or a portion hereof shall have been duly called for redemption or irrevocable instructions to call this Bond or a portion hereof for redemption shall be given and the whole amount of the principal and the premium, if any, and interest, so due and payable upon this Bond or such portion hereof shall be paid, or (i)sufficient moneys, or (ii)direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, the principal of and the interest on which when due will provide sufficient moneys for such purpose, or (iii)time certificates of deposit of a bank or banks, fully secured as to both principal and interest by obligations of the kind described in (ii) above, the principal of and interest on which when due will provide sufficient moneys for such purpose, shall be held in trust for such purpose, and provision shall also be made for paying all fees and expenses for the redemption, then and in that case this Bond or such portion hereof shall no longer be deemed outstanding, entitled to the pledge of the net revenues of the sewage works or an obligation of the City. 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 an amount sufficient to pay such bond or the redemption price, as appropriate, and thereafter the Registered Owner shall look only to the funds so deposited in trust with the Paying Agent for payment, and the City shall have no further obligation or liability with respect thereto. All bonds which have been redeemed shall be canceled and cremated or otherwise destroyed and shall not be reissued and a counterpart of the certificate of cremation or other destruction evidencing such cremation or other destruction shall be furnished by the Registrar to the City; provided, however, that one or more new registered bonds shall be issued for the unredeemed portion of any bond without charge to the holder thereof. Subject to the provisions of the Ordinance regarding the registration of such bonds, this Bond and all other bonds of this issue of which this Bond is a part are fully negotiable instruments under the laws of the State of Indiana. This Bond is transferable or exchangeable only on the books of the City maintained for such purpose at the principal office of the Registrar, by the Registered Owner hereof 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 his attorney duly authorized in writing, and thereupon a new fully registered bond or bonds in the same aggregate principal amount and of the same maturity shall be executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, in exchange therefor. This Bond may be transferred or exchanged without cost to the Registered Owner or his attorney duly authorized in BDDBOI 5738468v1 A-5 writing, except for any tax or other governmental charge which may be required to be paid with respect to such transfer or exchange. The Registrar shall not be obligated to make any exchange or transfer of this Bond (i) during the fifteen (15) days immediately preceding an interest payment date on this Bond or (ii)after the mailing of any notice calling this Bond for redemption. The City, the Registrar and any 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 the redemption premium, if any, and interest due hereon. In the event this Bond is mutilated, lost, stolen or destroyed, the City may cause to be executed and the Registrar may authenticate a new bond of like date, maturity and denomination as this Bond, which new bond shall be marked in a manner to distinguish it from this Bond; provided, that in the case of this Bond being mutilated, this Bond shall first be surrendered to the Registrar, and in the case of. this Bond being lost, stolen or destroyed, there shall first be furnished to the Registrar evidence of such loss, theft or destruction satisfactory to the City and to the Registrar, together with indemnity satisfactory to them. In the event that this Bond, being mutilated, lost, stolen or destroyed, shall have matured or been called for redemption, instead of causing to be issued a duplicate bond the Registrar may pay this Bond upon surrender of this mutilated bond or upon satisfactory indemnity and proof of loss, theft or destruction in the event this Bond is lost, stolen or destroyed. In such event, the City and the Registrar may charge the owner of this Bond with their reasonable fees and expenses in connection with the above. Every substitute bond issued by reason of this Bond being lost, stolen or destroyed shall, with respect to this Bond, constitute a substitute contractual obligation of the City, whether or not this Bond, being lost, stolen or destroyed shall be found at any time, and shall be entitled to all the benefits of the Ordinance, equally and proportionately with any and all other bonds duly issued thereunder. In the manner provided in the Ordinance, the Ordinance and the rights and obligations of the City and the owners of the bonds of this issue authorized thereunder, including this Bond, may (with certain exceptions as stated in the Ordinance) be modified or amended with the consent of the owners of at least sixty-six and two-thirds percent (66-2/3%) in aggregate principal amount of such bonds exclusive of any such bonds which maybe owned by the City. The Registered Owner of this Bond, by the acceptance hereof, hereby agrees to all the terms and provisions contained in the Ordinance. The City hereby certifies, recites and declares that all acts, conditions and things required to be done precedent to and in the preparation, execution, issuance and delivery of this Bond have been done and performed in regular and due form as required by law. BDDBO 1 5738468v 1 A-6 IN WITNESS WHEREOF, the City of South Bend, in St. Joseph County, State of Indiana, has caused this Bond to be executed in its corporate name and on its behalf by the manual or facsimile signature of the Mayor of the City, countersigned by the manual or facsimile signature of the City Controller, and its corporate seal to be hereunto affixed or impressed by any means and attested by the manual or facsimile signature of its Clerk. (Seal of the City) ATTEST: Clerk CITY OF SOUTH BEND, INDIANA By: Mayor Countersigned: By: Controller BDDBOI 5738468v1 A-7 REGISTRAR'S CERTIFICATE OF AUTHENTICATIOl~ This Bond is one of the City of South Bend, Indiana, Sewage Works Revenue Bonds, Series 20_9, issued and delivered pursuant to the provisions of the within-mentioned Ordinance. as Registrar By: Authorized Representative BDDB01 5738468v 1 A-g ASSIGNMENT FOR VALUE RECEIVED the undersigned .hereby sells, assigns and transfers unto (insert name and address) 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 Guarantee: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Security Transfer Association recognized signature guarantee program. 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. BDDBOI 5738468v1 A-9 SCHEDULE A Date PRINCIPAL PAYMENT SCHEDULE Principal Amount (End of Bond Form) BDDB01 5738468v1 A-1 ~ APPENDIX B TO THE BOND ORDINANCE FORM OF FINANCIAL ASSISTANCE AGREEMENT B-1 BDDBOI 5738468v1 ®RDINANCE N®. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 616 N. ST. PETER ST., COUNCILIVIANIC DISTRICT 4, IN THE CITY OF SOUTH FEND, INDIANA STATEMENT OF PURPOSE AND INTENT The rezoning is to rezone from SF2 to MF1 for uses allowed in MF1 district. 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: Lot numbered five "5" as shown on the recorded plat of Sorin's Subdivision of Lots n~!mbered 3n, 31, and 32 .n Ed::~ard Sorin's First Edition to the Town cf Lowell, now within and a part of the City of South Bend, Recorded May 5, 1873 in the Office of the Recorder of St. Joseph County, Indiana, in plat book 3, page 23. be and the same is hereby established as MF1 Urban Corridor Multi 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 Count fl Attest: City Clerk ~~nin~ c~~ t~~is ~=~ i~ o;~1y g~ p~vi~~ ~n ~pg~~~~tilt~ 4;~r ~~~ ~c h~~r~~~ ~.~.~ ~~ w~~ g~ ~~r ~~~P ~L;.~ 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 AUG - ~ 2009 JGhlF! VC~CSCE Date Filed Date Filed Date received by the Area Plan Commission Application No. Application No. I (we) the undersigned make application to the Common Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 616 N St Peter St South Bend, IN 46617 2) Name and address of property owner(s) of the petition site: Stephen Dragovich 616 N St Peter St South Bend, IN 46617 574-340-8269 3) Name and address of contingent purchaser(s), if applicable: 4) It is desired and requested that this property be rezoned from S F '~ to MF 1 5) This rezoning ~is requested to allow the following use(s): Uses allowed in multi family district 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. PETITION PREPARED BY: Stephen Dragovich 616 N St Peter St South Bend, IN 46617 sdragl@hotmaiLcom i x EXEC o~ ~ CONTACT PERSON: (If different) AREA PLAN COMMISSION PUBLIC HEARING PROCEDURES au~ - 5 2aag JOt1Pd VQQFli3~ ~r ~ c~le~~, ~cr. ~ly~a~, era. ~ ~ h~) b ~ -~- A c~~.J,; 2845 ~ ... ~.~._... <~~~~c~zr~~?mss:.~, Y% ~O TO TT.-D? ]~OT,i;OI~ITi:NU :1J7?SG7tZl3l_D 11IA_T_, TSTi'1T7~ TN S'1'. ,:1O:.l''PT:T G(1L-TIV'1'3', ST1~J:1=, O]! 1NDIL~IV~1., TO-Z'1rI'Z~ ~~~ ry~ „~ r I~JC ~ Lot DTumbered 5 t~.s shown on the recorded plat of Oorin~e Sub-division of Lots IQumbered 30, 31 and 32 in ;,orin~s First Addition to the Town of Lowell, now m•ithin end a part of the Cit~r of goutJi fiend. \~ L .T e. So-,., Ngva..e vo.as 67.6 0 st. .. o~c ' o ~ d.n c'e ii .1 ~ „s irr i rb e: i„ ,b ,v ~ ~'3 ~ A n n - t, c , ~ 7_ nnn ~ ` s nnnn~r The opposite map is a copy of the original United Stases Survey s.s sl~pears in Field gook llo. 1 in the office of th~~ ,urveyor of 3t. JosephCounty, Indiana. 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T ~ ~t w ~ , 1 ...~ q~ ty ~, ~q ~~ r f {4. wi s= s ~- _ ~ Jm ~` i -}~ - ~; ~ m 7~ Oate Primed: July 27, 2009 ~ ; j j ~ ~ ~} Y ~ -~ >~ ~o' '~ +~ Pholo rah 5 rin 2002 ' ',. - to r * - .+ °' ~ fi~ R. 9 P Y~ P 9 _ 1 .-: i ~ J ~ .* TFYI ..7~ r~ s.e` i~ ~ aSa - f rY f<r a: .~ ~ ~~ ~ ... -Ar 4. • ,,,, ~. N Prepared by: ~. r . 7' tt ~`- t , rat ,~~ ~~ ~ {:~,*,,,,~ v! ti~~*,.t ~I,.s~1~!,L.+"`~ spa. ~.t°~ { '... ~ .~Z 3 "4 .:. {>.#' •f2 '~ SL Joseph Counly Office OfGIS o1e~ 6oz4-oe4ob ~L'"'+tt y'•~~7. -._ ... „,~.. _. -, v ~7:~. ~-_"> ,'~ WE 227 W. Jefferson Blvd. /10 '. ~- 1st010-6026-0084" "~ ~~', .x..018-6026-0921 :~~ -`: -~ Soulh Bend, Indiana 46601 if ~ : Y ~ • ~ ~ - 019.6026-0878 018-6025-0879 ~ O18•b(126-0882A x _ .,•~^+~.g Ph 5-6583 _` ,- " +-~~ a -'. •1018-602541877 a . 018.6026-08Ba 018-6026-0887~0~78a602~6J-0~887 .078.6025-0886 018.6026-0806 5 `a?,a'r+::y^, 016-6026-0920 018-60~26~-0a922 018-6026~92M7! one: (574) 24 €,..*71 ifs _ r '. _~ ., f_ ..t...,. -._;~ ~-, t~s .r .. • . , .. ,.:. .:. ~ :, .. ~ ... S I:CIJ II VUIIIy ra~a.c ~a MAILIN Rec PARCELID NAME_1 MAILINGADD MAILINGCIT ING GZIP PROP_ADDR ~ 8 16 SUUTH BEND 1 018-5031-1106 BROADWAY EMMA 8 16 South Bend Av South Bend I N 46617 AV. LEGACY SQUARE 621 NOTRE DAME 2 018-5031-112601 DEVELOPMENT LLC 621 Notre Dame Ave South Bend I N 46617 AVE GROSS & COHEN VAC LOT 18 ALMOND 3 018-5031-1110 NOTRE DAME LLC 374 Old Montague Rd Amherst MA 1002 CT. LIVET AFRICAN METHODIST EPISCOPA VAC LOT 17 ALMOND 4 018-5031-1116 & CHURCH 719 N Notre Dame Av South Bend IN 46617 CT. WENS HEATING 5 018-5032-1154 COMPANY 1115 Fremont South Send {N 46628 743 SOUTH BEND AV BLUE & GOLD HOMES 6 018-5032-1155 LLC 51524 BRIGHTON CT Granger IN 46530 749 SOUTH BEND AV AJP REAL ESTATE 7 018-5032-115601 GROUP LLC PO Box 232 Mishawaka IN 46546 755 SOUTH BEND AV RUST NUMBER 753 SOUTH BEND AVE AUDREY RICHARDS 8 018-5032-1156 TRUSTEE 753 South Bend Av South Bend IN 46617 753 SOUTH BEND AV ORTHEAST NEIGHBORHOOD REVITAL- RATION 9 018-5032-1153 ORGANIZATION INC 803 Lincon Way W South Bend IN 46616 741 SOUTH BEND AV ARCELLO ' SALVATORE AND ' 10 018-5031-1095 MARISA 735 E Sorin South Bend IN 46617 735 SORIN FEINGOLD RICHAR 11 018-5031-110401 STANLEY 1011 E Donmoyer Ave South Bend IN 46614 813 SORIN EGACY SQUARE 617 NOTRE DAME 12 018-5031-1127 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE LEGACY SQUARE 13 018-5031-1126 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 VAC LOT 33 SORIN ZIMMER WILLIAM L & VAC LOT NOTRE 14 018-5031-1125 JULIA A 18075 Roosevelt Rd South Bend IN 46614 DAME AVE 15 018-5031-1104 KIMBLE CARL J & ANNA 840 N Ironwood Dr South Bend IN 46615 819 SORIN VAC LOT 33 NOTRE 16 018-5031-1124 WILLIAMS GILBERT L JR 1205 CAMPEAU ST South Bend IN 46617 DAME 17 018-5031-1099 NVNG LLC 812 E LaSalle One South Bend IN 46617 618 N ST PETER UNIVERSITY OF NOTRE 713 N NOTRE DAME 1 8 018-5031-1121 DAME DU LAC 224 PLANNER HALL Notre Dame IN 4655 6 AVE 191018-5025-0867 INOTORE DAMOHIELLC 1374 Old Montague Rd (Amherst IMA ( 10021802 SORIN~ GROSS & COHEN 20 018-5025-0869 NOTRE DAME II LLC 374 OI Montague Rd Amherst MA 1002 810 SORIN GROSS & COHEN 21 018-5025-0870 NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 814 SORIN 22 0 18-5025-0871 H ARRIS VELMA J 8 18 SORIN ST S outh Bend I N 46617 8 18 SORIN 23 018-5025-0872 TTON LE ROY JR. AND HELEN J. 53307 Peggy Ln South Bend I N 46635 822 SORIN 24 018-5025-0873 BETSIAFA PATRICIA ANN & DOUGLAS K 224 N Sunnyside Ave South Bend I N 46617 826 SORIN 25 018-5025-0874 GROSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 828 SORIN 26 018-5025-0875 ONER ROSIE L"SEE TRANSFER NOTES* 834 E SORIN South Bend I N 46617 834 SORIN 27 018-5024-0846 GILLIS PETER F III 318 N Lafayette Blvd South Bend IN 46601 719 MINER 28 018-5025-0876 GP.OSS & COHEN NOTRE DAME II LLC 374 Old Montague Rd Amherst MA 1002 836 SORIN 29 018-5031-1097 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 630 N ST PETER 30 018-5035-1239 HILL BERLEANE 729 South Bend Av South Bend IN 46617 729 SOUTH BEND AV 31 018-5031-1117 COLLINS KATHALEEN 812 Almond Court South Bend IN 46617 812 ALMOND 32 018-5031-1118 REESE JOHN & OTHA L 51545 Autumn Ridge Granger IN 46530 816 ALMOND 33 018-5031-1119 WILLIAMS GILBERT L JR 1205 Campeau South Bend IN 46617 820 ALMOND 34 018-5031-1120 FLOWERS KEITH 20801 Roosevelt Road South Bend IN 46614 824 ALMOND CT. 35 018-5031-1103 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 606 PETER 36 018-5035-1238 DOUG~S CLINTON II! PO Box 8265 South Bend IN 46660 727 SOUTH BEND AV 37 018-5031-1129 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 823 SORIN 38 018-5031-1093 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 609 ST PETER 39 018-5031-113001 LEGACY SQUARE DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 613 NOTRE DAME AVE 40 018-5031-1102 GROSS & COHEN NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 1002 610 PETER 41 018-5035-1249 HOLMER THOMAS 716 South Bend Av South Bend IN 46614 716 SOUTH BEND AVE. 4 2 018-5035-1250 JDS PROPERTIES LLC 17642 PARRISH CT South Bend IN 4663 718 SOUTH BEND 5 AVE. 4 3 018-5031-1092 GROSS & COHEN NOTRE DAME LLC 374 Old Montague Rd Amherst MA 100 2 613 ST PETER GROSS & COHEN 4 4 018-5031-1101 NOTRE DAME LLC 374 Old Montaque Rd Amherst MA 100 2 614 N ST PETER OUSING AUTHORITY 724 SOUTH BEND 45 018-5035-1251 OF SOUTH BEND 501 S Scott St South Bend IN 46613 AVE 732 SOUTH BEND 46 018-5035-1252 FAIRMONT HOMES P.O Box 27 Nappanee IN ~ 46550 AVE EDNEGO ALEX & SOUTH BEND-VAC 47 018-5035-1237 LEOMI 5023 Selkirk Dr South Bend IN 46614 LOT AV ATERNOWSKI PHILIP 705 NOTRE DAME 48 018-5031-1122 C & CAROLYN 21387 Mays Dr South Bend IN 46628 AV. Z IMMER WILLIAM L & 49 0 18-5031-1123 J ULIA A 1 8075 Roosevelt Rd South Bend I N 46614 6 29 NOTRE DAME 50 018-5031-1089 BUMBACA FILIPPO 1707 So Bend Ave South Bend I N 46637 740 SOUTH BEND AV SCHIRRIPA ANTHONY 51 018-5031-1098 AND THERESE A 2123 Riverside Dr South Bend I N 46616 626 N ST PETER NORTHEAST NEIGHBORHOOD REVITALIZATION . 52 018-5032-1152 ORGANIZATION 803 Lincolnway West South Bend IN 46616 739 SOUTH BEND AV TURNOCK-VACANT 53 018-5035-1243 MADISON CENTER INC 403 E MADISON ST South Bend IN 46617 LOT ST VAC-ADJ TO 740 S 54 018-5031-1090 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 BEND AV 55 018-5031-1096 RLC INVESTMENTS LLC 38 S Blaine St Hinsdale IL 60521 812 SOUTH BEND AV 814 SOUTH BEND 56 018-5031-1105 ROBINSON DAVID A 814 South Bend Av South Bend IN 46617 AV. NEIGHBORHOOD REVITALIZATION ORGANIZATION INC% SOUTH BEND HERITAGE 57 018-5035-1240 FOUNDATION 803 LWW South Bend IN 46616 731 SOUTH BEND AV NORTHEAST (NEIGHBORHOOD ~ ' REVITALIZATION ORGANIZATION INC% SOUTH BEND HERITAGE 58 018-5035-1241 FOUNDATION 803 LWW South Bend IN 46616 705 TURNOCK ST VAC LOT ALMOND 59 018-5031-1107 BROADWAY EMMA 816 South Bend Av South Bend IN 46617 CT. O VET AFRICAN ETHODIST AND 6 0 018-5031-1113 EPISCOPAL CHURCH 719 N Notre Dame Av South Bend IN 4661 7 719 NOTRE DAME AV LEGACY SQUARE bU5 NV 1 Kt V/-uvic 6 1 018-5031-1130 DEVELOPMENT LLC 38 S Blaine Ave Hinsdale IL 60521 AVE 62 018-5031-1094 MANTA MARIO E 50929 Mulholland Dr South Bend IN 46628 605 N ST PETER WRIGHT SAMUEL LEE 63 018-5031-1091 %CUSTOM MASONARY Po Box 11645 South Bend IN 46634 617 ST PETER DRAGOVICH 64 018-5031-1100 JOHN'MISC 314 E Peashway South Bend IN 46617 616 N ST PETER e ~~~ ~ iiEGd ~~~~ 1`1 n ~a~~ ~"~ _- J ~n~vSV~}~~'U ~F~ v a~Ft ' ~ I ~.,~ _ 1' _D ~ _ .~ ~ ~ ~~ ~~ o i ~ i i ~ ~ ' 1 ~ 1 ~ ( ~ i ~ 1 ~ ~~ ;$ ~,; ~ ~ , : i ...>i:arc_ ~ i ~ ~ ~ ~ ~ ~ ~ ', r _s :~ _{ ~~ ;~ _S.E.ft 5°ft ~z -1 '' According to aerial photos, the front lot line runs along the east side of the sidewalk. The residence is set back approximately 18' from the West, front lot line and sits approximately 42.5' from the East, rear lot line. The residence is set approximately 20.5' from the North, side lot line and 8' from the South, side lot line. ~~ ~~ ~Gc~tT• ~'p S~ ~ V`C ~il~~ 1t~ ~~~€~~.'~ ~fifi~~~ Aug - ~ 2oa~ C15'`t CLyi~,K, aQ. ~.