HomeMy WebLinkAbout08-25-08 Council Meeting Agenda & PacketAGENDA
SOUTH BEND COMMON COUNCIL
MONDAY, AUGUST 25, 2008
1. INVOCATION
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB - COMMITTEE ON MINUTES
5. SPECIAL BUSINESS
6. REPORTS OF CITY OFFICES
7:00 P.M.
A. EXECUTIVE SUMMARY FROM GARY GILOT- DIRECTOR OF THE
BOARD OF PUBLIC WORKS ON THE NOTRE DAME SEWER
SERVICE AGREEMENT
7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME:
BILL NO.
43 -08 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
NORTH /SOUTH ALLEY WEST OF LAUREL STREET AND
SOUTH OF WESTERN AVENUE CONTINUING SOUTH
BORDERING THE PENN CENTRAL RAILROAD
45 -08 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
EAST /WEST ALLEY SOUTH OF CALVERT STREET FROM
OLIVE STREET EAST TO THE FIRST NORTH /SOUTH
ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH
OF 12 FEET. BEING A PART OF HIGHLAND PARK
ADDITION, CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
46 -08 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO
BE VACATED ARE DESCRIBED AS THE FIRST EAST -
WEST ALLEY NORTH OF INDIANA AVENUE FROM THE
WEST RIGHT -OF -WAY LINE OF LAFAYETTE STREET
TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST
NORTH -SOUTH ALLEY WEST OF LAFAYETTE STREET
FOR A DISTANCE OF APPROXIMATELY 177.84 FEET;
AND A WIDTH OF APPROXIMATELY 14 FEET; AND
THE FIRST NORTH -SOUTH ALLEY WEST OF
LAFAYETTE STREET FROM THE NORTH RIGHT -OF -WAY
LINE OF INDIANA AVENUE FOR A DISTANCE OF
APPROXIMATELY 416 FEET +, AND A WIDTH OF
APPROXIMATELY 14 FEET. PART SITUATED IN
STULL' S 1ST ADDITION TO THE TOWN OF MYLER IN
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
47 -08 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY:" THE ALLEY TO
BE VACATED IS DESCRIBED AS THE FIRST EAST -
WEST ALLEY NORTH OF STATE ROAD 23 FROM THE
NORTH RIGHT -OF -WAY LINE OF STATE ROAD 23
APPROXIMATELY 195.00 FEET NORTH MORE OR
LESS, AND 258.98 FEET WEST MORE OR LESS AND
A WIDTH OF APPROXIMATELY 12 FEET. PART
SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
49 -08 PUBLIC HEARING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE EAST 12
FEET OF DERUE COURT FROM JEFFERSON BOULEVARD
TO THE NORTH LINE OF THE SOUTH 13 FEET OF A
30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT
PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH
13 FEET OF A 30 FEET WIDE PUBLIC INGRESS
EGRESS EASEMENT FROM THE WEST LINE OF THE
EAST 12 FEET OF DERUE COURT EXTENDED TO ST.
JOSEPH STREET
44 -08 PUBLIC HEARING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-
6 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST
RATES FOR COLLECTION OF SOLID WASTE
8. BILLS, THIRD READING TIME:
RTT,T, Nn-
43-08 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
NORTH /SOUTH ALLEY WEST OF LAUREL STREET AND
SOUTH OF WESTERN AVENUE CONTINUING SOUTH
BORDERING THE PENN CENTRAL RAILROAD
45 -08 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
EAST /WEST ALLEY SOUTH OF CALVERT STREET FROM
OLIVE STREET EAST TO THE FIRST NORTH /SOUTH
ALLEY FOR A DISTANCE OF 116 FEET AND A WIDTH
OF 12 FEET. BEING A PART OF HIGHLAND PARK
ADDITION, CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA
46 -08 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE ALLEYS TO
BE VACATED ARE DESCRIBED AS THE FIRST EAST -
WEST ALLEY NORTH OF INDIANA AVENUE FROM THE
WEST RIGHT -OF -WAY LINE OF LAFAYETTE STREET
TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST
NORTH -SOUTH ALLEY WEST OF LAFAYETTE STREET
FOR A DISTANCE OF APPROXIMATELY 177.84 FEET;
AND A WIDTH OF APPROXIMATELY 14 FEET; AND
THE FIRST NORTH -SOUTH ALLEY WEST OF
LAFAYETTE STREET FROM THE NORTH RIGHT -OF -WAY
LINE OF INDIANA AVENUE FOR A DISTANCE OF
APPROXIMATELY 416 FEET +, AND A WIDTH OF
APPROXIMATELY 14 FEET. PART SITUATED IN
STULL' S 11T ADDITION TO THE TOWN OF MYLER IN
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
47 -08 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE ALLEY TO
BE VACATED IS DESCRIBED AS THE FIRST EAST -
WEST ALLEY NORTH OF STATE ROAD 23 FROM THE
NORTH RIGHT -OF -WAY LINE OF STATE ROAD 23
APPROXIMATELY 195.00 FEET NORTH MORE OR
LESS, AND 258.98 FEET WEST MORE OR LESS AND
A WIDTH OF APPROXIMATELY 12 FEET. PART
SITUATED IN HARTMAN AND WOODWORTH'S PLAT TO
THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA
49 -08 THIRD READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE EAST 12
FEET OF DERUE COURT FROM JEFFERSON BOULEVARD
TO THE NORTH LINE OF THE SOUTH 13 FEET OF A
30 FEET WIDE PUBLIC INGRESS EGRESS EASEMENT
PER INSTRUMENT NUMBER 0365811 AND SAID SOUTH
13 FEET OF A 30 FEET WIDE PUBLIC INGRESS
EGRESS EASEMENT FROM THE WEST LINE OF THE
EAST 12 FEET OF DERUE COURT EXTENDED TO ST.
JOSEPH STREET
44 -08 THIRD READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16-
6 OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST
RATES FOR COLLECTION OF SOLID WASTE
9. RESOLUTIONS
BILL NO.
08 -69 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, APPROVING A
PETITION OF THE SOUTH BEND BOARD OF ZONING
APPEALS FOR PROPERTY LOCATED AT 1129 N. ST.
LOUIS BLVD.
07 -67 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 1840 NORTH
COMMERCE DRIVE TO BE AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A (5)
FIVE -YEAR REAL PROPERTY TAX ABATEMENT FOR
STANZ FOOD SERVICE, INC.
08 -74 A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN
AREAS WITHIN THE CITY OF SOUTH BEND,
INDIANA, COMMONLY KNOWN AS 1840 N. COMMERCE
DRIVE TO BE AN ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF A FIVE (5) YEAR PERSONAL
PROPERTY TAX ABATEMENT FOR STANZ
FOODSERVICE, INC.
08 -75 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS 4441 JADE CROSSING DRIVE,
4522, 4532 ASHARD DRIVE, 4430 JADE CROSSING
DRIVE (OR 4607 ASHARD DRIVE), 4601, 4523,
4513, 4411, 4321 AND 4309 ASHARD DRIVE ALL
IN JADE CROSSING, SECTION I AS RESIDENTIALLY
DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -
YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR CLELAND BUILDERS, INC.
08 -77 A RESOLUTION OF THE COMMON
CITY OF SOUTH BEND DESIGNATIl
WITHIN THE CITY OF SOUTH
COMMONLY KNOWN AS 1827 NORTH
ECONOMIC REVITALIZATION AREA
A (5) FIVE -YEAR PERSONAL
ABATEMENT FOR MANN +
INCORPORATED
COUNCIL OF THE
JG CERTAIN AREAS
BEND, INDIANA,
BENDIX DRIVE AN
FOR PURPOSES OF
PROPERTY TAX
HUMMEL USA,
08 -78 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND APPROVING A REQUEST FOR A
SPECIAL EXCEPTION TO CONSIDER THE
DESIGNATION OF CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, INDIANA, AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF TAX
ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU
LAC, AND INNOVATION PARK AT NOTRE DAME, INC.
(THE "PETITIONER ")
08 -79 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, AS
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES
OF A TEN (10) YEAR REAL PROPERTY TAX
ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU
LAC, INNOVATION PARK AT NOTRE DAME, INC.,
( "PETITIONER ")
08 -80 A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, AS
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES
OF A FIVE (5) YEAR PERSONAL PROPERTY TAX
ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU
LAC, INNOVATION PARK AT NOTRE DAME, INC.,
( "PETITIONER ")
10. BILLS, FIRST READING
BILL NO.
50 -08 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE FIRST
NORTH /SOUTH ALLEY WEST OF DR. MARTIN LUTHER
KING BLVD. FROM W. WASHINGTON STREET NORTH
TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE
OF 198 FEET, MORE OR LESS, AND A WIDTH OF 8
FEET, MORE OR LESS. BEING A PART OF
DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND
32, CITY OF SOUTH BEND, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA
51 -08 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
SETTING THE MAXIMUM ANNUAL SALARY FOR THE
CITY CLERK FOR CALENDAR YEAR 2009
52 -08 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
SETTING THE ANNUAL SALARY FOR THE MAYOR FOR
CALENDAR YEAR 2009
53 -08 FIRST READING ON A BILL FIXING MAXIMUM
SALARIES AND WAGES OF APPOINTED OFFICERS AND
NON- BARGAINING EMPLOYEES OF THE CITY OF
SOUTH BEND, INDIANA, FOR THE CALENDAR YEAR
2009
54 -08 FIRST READING ON A BILL OF THE COMMON
COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
APPROPRIATING $710,000.00 FROM THE PUBLIC
WORKS SEWER GENERAL OPERATING FUND NO. 641
TO PAY COMPROMISE JUDGMENT
11. UNFINISHED BUSINESS
12. NEW BUSINESS
A. UPDATES FROM COUNCIL MEMBERS SERVING AS
REPRESENTATIVES ON OTHER COMMITTEES WHO HAVE MET
WITHIN THE LAST TWO WEEKS
B. MISCELLANEOUS
13. PRIVILEGE OF THE FLOOR
A. PUBLIC PORTION
B. UPDATE FROM COUNCIL MEMBERS WHO WERE ASSIGNED A
TOPIC FROM THE PRIOR COUNCIL MEETING
14. ADJOURNMENT
TIME:
July 17, 2008
To Whom it May Concern:
Emmanuel Christian Church
1024 {t! Western Ave.
South Bend, IN 46619
Pastor; Francisco Cuenca
I write this letter in behalf of Emmanuel Christian Church and myself to provide our
reasoning in vacating the alley on the Ordinance.
I have been a member of Emmanuel Christian Church for over 12 years. During that
time, I have seen our congregation grow in numbers. Due to this, we are in need of building a
bigger and more suitable church temple for our youth and children. This cannot be possible
unless we vacate the surrounding alleys to our church. Our church property lies next to this
alley in a very particular form, that we can not build on it unless it is vacated. We have main-
tained the alley to this day by mowing and cleaning any debris around it. We believe to be the
only people to have ever used it.
We would appreciate your help in voting to vacate this alley so we can then start our
plans in building our dream church. We thank you for your time in reading our request and
hope to receive a response from you soon. God Bless!
Sinc rely*qz
Gloria V
(Church Secretary)
Emmanuel Christian Church
✓'A'� �u}St. c�sti
4 GI e�
JUL 1 8 2008
G'r" C1 ".
Phone: (574) 323 -8895 Fax: (574)675 -9629
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE
FIRST NORTH /SOUTH ALLEY WEST OF LAUREL STREET AND SOUTH OF
WESTERN AVENUE CONTINUING SOUTH BORDERING THE PENN CENTRAL
RAILROAD
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged
with the authority to hear all petitions to vacate public ways or public places within the
City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a
public hearing on the petition to vacate the following property:
The alley to be vacated is the first North /South alley (10' wide) West of Laurel
Street on the South side of Western Avenue and the 14' wide alley that runs
Southwesterly from said North /South alley along the North right of way of a vacated
railroad. Both alleys being located in Bank Out Lot 92, in the Southwest % of Section
11, Township 37 North, Range 2 East, St. Joseph County, Portage Township, City of
South Bend, Indiana, and more particularly described as follows:
Commencing at the intersection of the original South right of way line of Western
Avenue and the West right of way line of Laurel Street (said original line of Western is
15 feet North of the current right of way line); thence West along said original South
right of way line of Western Avenue a distance 346 feet, more or less, to the intersection
of the South right of way line of Western Avenue and the East right of way line of said
North /South alley and the place-of beginning; thence South along said East line of said
10' wide North /South alley a distance of 72.3 feet to the Northerly right of way line of a
vacated railroad right of way Tax ID #018 - 3059 - 2307.01; thence Southwesterly along
said Northerly railroad right of way a distance of 190 feet, more or less; thence
Northwesterly perpendicular to said Northerly right of way line of said railroad a distance
of 14 feet; thence Northeasterly along a line parallel to and 14 feet from the Northerly
right of way line of the vacated railroad a distance of 182.9 feet to the West right of way
line os said 10 foot wide North /South alley; thence North along said West right of way
line of the 10 foot wide North /South alley a distance of 61.82 feet to the South right of
way line of Western Avenue; thence East along said South Line to the place of
beginning.
Hereby determines that it is desirable to vacate said property
SECTION II. The City of South Bend hereby reserves the rights and easements
of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain
any facilities, including, but not limited to, the following: electric, telephone, gas, water,
sewer, surface water control structures and ditches, within the vacated right -of -way,
unless such rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected
by such vacating:
Lot 18- 3059 -2305, Lot 18- 3059 - 230701, Lot 18- 3059 -2303, Lot 18- 3059 -2302,
Lot 18- 3059 -2301, and Lot 18- 3059 -2299
SECTION IV. The purpose of the vacation of the real property is for the
Emmanuel Christian Church to build it's new facilities, their dream church.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Member of the Common C uncil
Attest: signing 07 11119 bill l6 only {o Provide
an opportunity for public hearing and
Council action on this issue.
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock M.
City Clerk
Approved and signed by me on the day of , 2 ,
at o'clock . M.
1 st READING ! -2,g. O R'
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
,,ASSED
Mayor, City of South
vrifedlnt- Ierk's Office
J U L 1 8 2008
JOIN VOORDE
CITY CLERK, SO. BEND, IN.
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: C Og
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS WP
, �,\1e,
A/5
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574- 235 -9221
R
wy-md
LOT #
18 -WEER -2303
Hod I?l CIO kl'S Of"ice
J U L 1 8 2008
joH,: VOEJME
CITY' Gl F::+ , FD. (END, IN
CONTACT PERSON (S)
NAME: G10` -I 0. W:_ V �462-
ADDRESS: 0 ��
suu*�A
PHONE: C5
n�) 3D13- B?A5
The alley to be vacated is the first North /South alley (10' wide) West of Laurel Street
on the South side of Western Avenue and the 14' wide alley that runs Southwesterly
from said North /South alley along the North right of way of a vacated railroad. Both
alleys being located in Bank Out Lot 92, in the Southwest % of Section 11, Township 37
North, Range 2 East, St. Joseph County, Portage Township, City of South Bend, Indiana,
and more particularly described as follow:
Commencing at the intersection of the original South right of way line of Western
Avenue and the West right of way line of Laurel Street (said original line of Western is
15 feet North of the current right of way line; thence West along said original South
right of way line of Western Avenue a distance of 346 feet, more or less, to the
intersection of the South right of way line of Western Avenue and the East right of way
line of said North /South alley and the place of beginning; thence South along said
East line of said 10' wide North /South alley a distance of 72.3 feet to the Northerly
right of way line of a vacated railroad right of way (Tax ID #018- 3059 - 2307.01);
thence Southwesterly along said Northerly railroad right of way a distance of 190 feet,
more or less; thence Northwesterly perpendicular to said Northerly right of way line of
said railroad a distance of 14 feet; thence Northeasterly along a line parallel to and
14 feet from the Northerly right of way line of the vacated railroad a dim, f IR7 A
feet to the West right of way line of said 10 foot wide North /South alle) f clydein aelr a's Office
North along said West right of way line of the 10 foot wide North /South alley —,
distance of 61.82 feet to the South right of way line of Western Avenue; thE nce East
along said South line to the place of beginning. JUL 1 8 2008
JOHN YCORDE
C" CLERK, ,,G. RC'�R ?, IN
Joe Grabill George Gofis
202 Lincolnway E. Ste. 100 21344 Ravenna Dr.
Mishawaka, In 46544 South Bend, In 46628
Burkhart Advertising Rolland Schafer
P.O. Box 536 65045 Miami St.
South Bend, IN 46624 Bremen, In 46506
Alma and Jaime Navarro Maryrose Clayton
1033 Hancock St. 304 E. Donald St.
South Bend, In 46619 South Bend, In 46613
Housing Authority of South Bend Teresa L. Buggs
501 S. Scott St. 1042 Western Ave
South Bend, In 46601 South Bend, IN 46601
Teresa L. Buggs
1044 Western Ave.
South Bend, IN 46601
AN
ORDINANCE NUMBER
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE FIRST EASTIWEST ALLEY SOUTH OF CALVERT STREET FROM
OLIVE STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A
DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART
OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged
with authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a
Public Hearing on the petition to vacate the following property:
THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM
OLIVE STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A
DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART
OF HIGHLAND PARK ADDITION, ION, CITY OF SOUTH BEND, PORTAGE TOWNSHIP,
ST. JOSEPH COUNTY, INDIANA.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements
of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain
any facilities, including, but not limited to, the following: electric, telephone, gas, water,
sewer, surface water control structures and ditches, within the vacated right -of -way,
unless such rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by
such vacating:
LOT 1`%1Uf,.4BER 252, KEY NUMBER 18- 8100 -3810 AND LOT NUMBER 253, KEY
NUMBER 18- 8100 -3809.
SECTION IV. The purpose of the vacation of the real property is:
THE ALLEY IN QUESTION IS A PAPER ALLEY AND THE OWNER OF THE
SURROUNDING LOTS WILL BE ABLE TO DETERMINE ANY DEVELOPMENT OF
THE SITE.
SECTION V. This Ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attest:
City Clerk
-
Member of the Common Courf6l
Bign{n$o IN bill in only f0 p8 an
an opp o' t Y - h d
Gouncii action on this issue.
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock M.
Approved and signed by me on the
o'clock M.
15. :EMDING
PWL.C: r':AR[NG
3 rd READING
NOT AP ?i`tOVED
REFERRED
PASSED
City Clerk
day of
2 , at
Mayor, City of South Bend, Indiana
Filed In Cler=k's Ofiffic
JUL 3 0 2008
JOHN VOC;i�DE
CiTYC-,-crt . -: €tip?, 1%
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETSIALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: August 4, 2008
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
�ast Half of the first East West Alley North of Delaware and
West of Philippa
B. THE STREET DESCRIBED AS:
NAME (signed & printed) ADDRESS
'I'lk, C'Ldos�"
Filed to Clerk's Office
JUL 3 0 2008
JOHN VOORD'e
CITY CLERK, SO. BEND, IN.
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574 - 235 -9221
CONTACT PERSON (S)
NAME: Kenneth P. Fedder
LOT #
252/253
ADDRESS: 53600 North Ironwood
South Bend, IN 46635
PHONE: 574 - 272 -2870
I 1
I R150,0'
18. -8100 -3805 18 -8097 -3690
18 -8103 -3913 18 -8103 -3914
18 -8100 -3806 18-809 691
18 -8100 -3807 18 -8097 -3692
18 -8103 15
18- 81003808 18-8097-3693
18-8 033916
18 -8100 -3809 18- 8097 -3694
18
103 -3917
" 16'
v
12' XIET TO BE VACATED
18- 81003810 18-8097 -3695
18 103 -3919
18 -8100 -3794 18-8097 -3696
18- 8100 -3793
188103 -39 0
1.8-8100 3792 18- 8097 -3698
18 -8103 -3921
�..
m
18 -8103 -3922
cl)
18 -8100 -3814 CL
Q-
18- 81003815 18- 8097 -3700 CL
18-8103-3923
IFiled
In 1MCIC' l ll 1
LEGAL DESCRIPTION: I `- SGiiN VOORDE
CITY CLf -RK, S0.8END, !N.
THE ALLEY TO BE VACATED IS THE FIRST EAST /WEST ALLEY SOUTH OF CALVERT STREET FROM
OLIVE STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 116 FEET AND A
WIDTH OF 12 FEET. BEING A PART OF HIIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
William A. Ross
Rev. Trust of WM A Ross
2005 South Olive
South Bend, IN 46613
Randall Flanagan
57200 Clona Court
South Bend, IN 46619
Albert Vanderhegghen
1905 S. Philippa Street
South Bend, IN 46613
Elizabeth Nemeth
11 -7 -98 2009 S. Olive Street
South Bend, In 46613
Jim and Dorothy A. Vanderhegghen
2013 E. Philippa
South Bend, IN 46613
Cathy Miller & Donald Burkett
1917 S. Olive
South Bend, IN 46613
Cathy Miller
1917 S. Olive
South Bend, IN 46613
4000 Group LLC
703 West 16'' Street
Mishawaka, IN 46544
Joseph S. Panzica
8124 York Road
South Bend, IN 46614
Daniel and Joann Popielski
2402 W. Calvert St.
South Bend, IN 46613
Madou Home Rentals LL' C
54579 Chalmers Drive
Osceola, In 46561
File, in verl s o lee
3U3VOOSO
ao �rlo,
CITY G(rrlC+ so'
Daniel H. Pfeifer`
Richard W. Morgan
Jeffrev J. Stesiak
Douglas E. Sakaguchi
"Bonrd Certified Trial Adoocnte
Kenneth P. Fedder
of Counsel
August 4, 2008
P c
yeifer, Morgan & Stesiak
Members of the South Bend Common Council
4th Floor — County /City Building
South Bend, IN 46601
Anne B. Klosowski
Kathe J. Snodgrass
Susan M. Seagrove
Sherry A. Money
Paralegals
Re: Alley Vacation
THE FIRST EAST/WEST ALLEY SOUTH OF CALVERT STREET FROM
OLIVE STREET EAST TO THE FIRST NORTH /SOUTH ALLEY FOR A
DISTANCE OF 116 FEET AND A WIDTH OF 12 FEET. BEING A PART
OF HIGHLAND PARK ADDITION, CITY OF SOUTH BEND, PORTAGE
TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
Dear Member of the Council,
The undersigned represents John C. Cocquyt of 703 West 16th Street,
Mishawaka, IN, the owner of the members interest in the 4000 Group, LLC, a
limited liability company. The 4000 Group, LLC is the owner of ten (10) lots
located on Olive Street, between Delaware Street and Calvert Street in the City
of South Bend, IN.
It is their desire to vacate a 12 -foot paper alley located north of lot number 252,
key number 81- 8100 -3810 and located south of lot number 253, key number 81-
8100 -3809.
This is a paper alley. It is their intention to consider a further development of the
ten (10) lot area. Currently, on several of the tots north of Delaware Street there
is an existing building being leased. And there is an existing building south of
Calvert Street, which is also currently being leased.
It is their desire to consider a development of the remaining lots, which could
include a new building on Olive Street.
Very Truly Yours,
KENNET P.FEDDER
ttor at Law
Hod In Clock's
E73 - 08
, iM'
C, GL!F'
53600 North Ironwood Drive o South Bend, Indiana 46635
574.272.2370 South Bend • 574.271.4329 Fax
www.pilawvers.com
1316 COUNTY -CITY BUILDI` C
227 W, JEFFERSON BOULEVARD
SOUTH BLND, INDIANA 46601-1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
OARD OF PUBLIC WORKS
July 14, 2008
Mr. Ken Fedder
53600 North Ironwood Road
South Bend, Indiana 46635
PHONE 574/ 235 -9251
FAx 574/235 -9171
TDD 574/ 235 -5567
RE: Alley Vacation — East Half of the First East -West Alley North of Delaware and West of
Philippa
(Preliminary Review)
Dear Mr. Fedder:
The Board of Public Works, at its July 14, 2008, meeting, reviewed comments by the
Engineering Division, Area Plan Commission, Economic Development, Fire Department, Police
Department, Solid Waste Division and the City Attorney's Office. The following comments and
recommendations were submitted:
Area Plan stated that the vacation would not hinder the growth or orderly development of the
unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make
access to the lands of the aggrieved person by means of public way difficult or inconvenient. The
vacation would not hinder the public's access to a church, school or other public building or place.
The vacation would not hinder the use of a public right of way by the neighborhood in which it is
located or to which it is contiguous.
You will need a radius map showing properties within 150' of the proposed vacation for your
petition to the Common Council. Please contact Tony Molnar at (574) 235 -9254 prior to picking
up your radius map. Once you pick up the radius map, proceed to the City Clerk's office for
your alley vacation packet.
Sincerely,
IJinda M. Martin, Clerk
c: Robert Sanders, Fire Department
Tony Molnar, Engineering
Janice Talboom, City Clerk's Office
Carl Littrell, Engineering
GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
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TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
Bob Mathia, Community & Economic Development
Federico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO (irbettin(o),nisource.com or 284 -2220 fax) For Informational
Purposes Only
FROM: Linda M. Martin, Clerk I
RE: Request for Recommendation - Alley Vacation
Location: East Half of First East -West Alley North of Delaware Street and West
of Philippa
(Preliminary Review)
DATE: June 13, 2008,
DUE: July 8, 2008
FAX OR E -MAIL TO: 235 -9171 / Imartin@southbendin.ctov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
BY:
06/16/2008 09 :40 5742357536 SOUTH BEND POLICE PAGE 06/10
INTER- OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carl Littrell, Engineering Department
John Byorni, Area plan Commission (235 -9313 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
Bob Mathias Community & Economic Development
Federico Rodriguez, Fire Department .
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO (irbettin0nisource,com or 234 -2220 fax) For Informational
Purposes Only
FROM: Linda M, Martin, Clerk LA
RE: Request for Recommendation - Alley Vacation
Location: East Half of First East -West Alley North of Delaware Street and West
of Philippa
(Preliminary Review)
DAVE: June 13, 2008
DUE: July 8, 2008
FAX OR E -MAIL TO: 235-9171/ Imartin@c outhbendin.QOrr
RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
O
Received Time Jun,16. 7:46AM
TE: 4' — 161e Y
TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
Bob Mathia, Community & Economic Development
Federico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSC.O (irbettinC�nisource.com or 284 -2220 fax) For Informational
Purposes Only
FROM: Linda M. Martin, Clerk
RE: Request for Recommendation - Alley Vacation
Location: East Half of First East -West Alley North of Delaware Street and West
of Philippa
(Preliminary Review)
DATE: June 13, 2008
DUE: July 8, 2008
FAX OR E -MAIL TO:, 235-91711 Imartingsouthbendin.gov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
X, a i- r, A G 6 �4 j
S"A 4 cs.
BY: DATE: 4, / /'�X / r'J
07/03/2008 09:04 FAX
i
TO:
i .
FROM;
RE.
DATE:
Z 002/002
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORMS
Gerl Llttr6ll, Engineering Department
John ay 0i, Area Plan Commission (235 -9613 fax)
Jeff Glbn y, Community & Economlo Development
Chris Dr ssel, Community & Economic Development
Bob Ma*a, Community & Economic Development
Federlcoj Rodriguez, Fire Department
Andre Pr ce, Solid Waste
Stephen poen, Police Department
Cheryl Greene, City Attorney's Office
Jlm Betti�, NIPSCO (irbettin@nisourcc.com or 2 @4 -2220 fax) For Informational
II Purposes Only
Linda M, IMartin. Clerk p
Request or llecommendatlon - Alley Vacation
Locatio ;East Half of First East -West Allev North of De w -we Slreex and West
of Philippe
.(Prollmir ary Ravlow) '
June 13, R008
DUE: July 8, 2008
FAX OR E -MAIL TO:, 236-91711 Imartln(c_southbendln.goy
RETURN RECOMME DATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & DECO MENDATI S.
r 4 ^
w w w. w r ' _ A) A. %) . _ J1. .
S l 1 T
Mi Jl.
Received Time Jul1. 1 9:11AM
Area Plan Commission of Ste Joseph County
1140 County -City Building
South Bend, Indiana 46601
John W. Byorni Larry P. Magliozzi
Executive Director Assistant Director
Phone 574 235 -9571 www. stjosephcountyindiana .com /areaplan Fax 574 235 -9813
July 8, 2008
The Board of Public Works
13`s Floor, County-City Building
South Bend, Indiana 46601
RE: Alley Vacation
East Half of First East -West Alley North of Delaware Street and West of Philippa
Dear Board Members:
The staff has reviewed this petition. It is the staff's opinion that:
(1) The vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous.
(2) The vacation would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
(3) The vacation would not hinder the public's access to a church, school, or other public
building or place.
(4) The vacation would not hinder the use of a public way by the neighborhood in which it is
located or to which it is contiguous.
Staff recommends that the alley be vacated subject to any further utility or access easements
recommended by the Engineering and Building Departments.
Sincerely, /
Mark Lyons
Planner
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
^
/
�^ Page of
�
�
,
From: Andre Price
To: Cathy Daniels
Date: 7/9/2008 7:06AM
Subject: Re: Fwd: oops'aUeyvacation'n ofde|awmrevv of phi\ippa
_
will not affect trash collection.
>>> Cathy Daniels 7/8/2OO89:43AM >>>
see attached, your response has not yet been received. Thank you
` fO��Y��I)ncoo��otouud S 638l3.. 7/9/2008
I) f -14 anch, earner & Associates, Inc.
MICHAEL J. DANCH, L.A. Land .Surveyors . Professional Engineers
RON HARNER, P.S. Landscape Architects . Land Planners
July 15, 2008
Honorable Members of the City of
South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
RE: Vacation Petition for alleys located are described as the first east -west alley
north of Indiana Avenue from the west right -of -way line of Lafayette Blvd. to the
west right -of -way line of the first north -south alley west of Lafayette Blvd. for a
distance of approximately 178 feet; and a width of approximately 14 feet; and the
first north -south alley west of Lafayette Blvd. from the north right -of -way line of
Indiana Avenue for a distance of approximately 416 feet, and a width of
approximately 14 feet. Part situated in Stull's 1St Addition to the Town of Myler,
City of South bend, St. Joseph County, Indiana.
Dear Council Members:
Our clients, the City of South Bend, are requesting the approval of the Vacation
of (2) Two 14 foot alleys located north of Indiana Avenue and west of Lafayette
Blvd. The reason for this request is for the City of South Bend to develop a One lot
Minor Subdivision, this is for the Transpo relocation project. The City and the
Petitioners believe that vacating the above mentioned right -of -ways will not have a
detrimental effect on the adjacent properties located along this portion of Indiana
Avenue and Lafayette Street.
If you have any questions concerning this matter, please feel free to give me a call at
234 -4003.
Sincerely, A
J. Danch
President
Danch, Harner & Associates
File 4080105.2 7 -15 -08
1643 Commerce Drive ■ South Bend, IN 46628
office 5741234 -4003 ■ 8001594 -4003 ■ Fax 5741234 -4119
Filed In l;i'�€ O (aloe
7rj2008
208 West Mars ■ Berrien Springs, MI 49103
office 2691471 -3010 ■ Fax 2691471 -7237
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEYS TO VACATED ARE DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH
OF INDIANA AVENUE FROM THE WEST RIGHT -OF -WAY LINE OF LAFAYETTE STREET
TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF
LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY.177.84 FEET'; AND A
WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH -SOUTH ALLEY WEST OF
LAFAYETTE STREET FROM THE NORTH RIGHT -OF -WAY LINE OF INDIANA AVENUE FOR
A DISTANCE OF APPROXIMATELY 416 FEET ±, AND A WIDTH OF APPROXIMATELY 14
FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common
Council is charged with the authority to hear all petitions to
vacate public ways or public places within the City.
The following Ordinance vacates the above- described
public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South
Bend having held a public hearing on the petition to vacate the
following property:
THE ALLEYS TO VACATED ARE DESCRIBED AS THE FIRST EAST -WEST ALLEY NORTH
OF INDIANA AVENUE FROM THE WEST RIGHT -OF -WAY LINE OF LAFAYETTE STREET
TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY WEST OF
LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 177.84 FEET'; AND A
WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH -SOUTH ALLEY WEST OF
LAFAYETTE STREET FROM THE NORTH RIGHT -OF -WAY LINE OF INDIANA AVENUE FOR
A DISTANCE OF APPROXIMATELY 416 FEET ±, AND A WIDTH OF APPROXIMATELY 14
FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE TOWN OF MYLER IN THE
CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the
rights and easements of all utilities and the Municipal City of
South Bend, Indiana, to construct and maintain any facilities,
including, but not limited to, the following: electric,
telephone, gas, water, sewer, surface water control structures
and ditches, within the vacated right -of -way, unless such
j rights are released by the individual utilities.
2
SECTION III. The following property may
injuriously or beneficially affected by such vacating:
Tax
Key Number
18- 8005 -0230
Tax
Key Number
18- 8005 -0229
Tax
Key Number
18- 8007 -0351
Tax
Key Number
18- 8006 -0349
Tax
Key Number
18- 8006 -0344
be
SECTION IV. The purpose of the vacation of the real property
is to allow for the future Development of Transpo relocation project.
The proposed project will use the proposed vacated right -of -ways.
1st READING
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
SECTION V. This ordinance shall be in full force and effect
from and after its passage by the Common Council and approval by the
Mayor.
A,I '-
Member'of the Common douncil
Signing of this bill is only to provide
an opportunity for public hearing and
Council action on this 'issue.
Filed hn %e ti's Office
J�)Gi -I it 70;i ler
cirf cLI:BK, "0, BE10, IN.
PETITION TO VACATE PUBLIC ALLEY RIGHTS -OF -WAY
TO: THE COMMON COUNCIL DATE: JULY 15, 2008
OF THE CITY OF SOUTH BEND, INDIANA
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEYS TO VACATED ARE DESCRIBED AS THE FIRST EAST -WEST ALLEY
NORTH OF INDIANA AVENUE FROM THE WEST RIGHT -OF -WAY LINE OF LAFAYETTE
STREET TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -SOUTH ALLEY
WEST OF LAFAYETTE STREET FOR A DISTANCE OF APPROXIMATELY 177.84 FEET';
AND A WIDTH OF APPROXIMATELY 14 FEET; AND THE FIRST NORTH -SOUTH ALLEY
WEST OF LAFAYETTE STREET FROM THE NORTH RIGHT -OF -WAY LINE OF INDIANA
AVENUE FOR A DISTANCE OF APPROXIMATELY 416 FEET ±, AND A WIDTH OF
APPROXIMATELY 14 FEET. PART SITUATED IN STULL'S 1ST ADDITION TO THE
TOWN OF MYLER IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
NAME (signed & printed) & ADDRESS Tax Key Number
City of South Bend, 18- 8006 -0349
Dept of Redevelopment 18- 8006 -0344
1200 County City Building
Sout Bend, Indiana 46601
For City of South Bend, Dept of Redevelopment
Filed In Clerk's Office
AUG - 5 2008
JM *1 v00Rae
CITY C! "n"" so, SERD, tN.
(2)
CONTACT PERSON: Michael J. Danch
NAME: Danch, Harner & Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
(574) 234 -4003
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601 (574) 235 -9221
Filed In Clerk's OffIC8
AUG - 5 2008
..-.
-E
7'
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
TO: Bill Schalliol
FROM: Linda Martin, Clerk y�
SUBJECT: Alley Vacation - Part of Former Eckler -Lahey Site
DATE: 7/15/08
The Board of Public Works, at its meeting held on July 14, 2008, meeting, reviewed the
above referred to request and gives a favorable recommendation for vacation.
You will need a radius map showing properties within 150' ofthe proposed vacation for your
petition to the Common Council. Please contact Tony Molnar at extension 9254 prior to picking up
your radius snap. Once you pick up the radius map, proceed to the City Clerk's office for your alley
vacation packet.
Filed III Clsy k's , €�
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Danc/k Harner & Algaciatw, lnc.
Land Surveyors • Professional Engineers
ajLandscape Architects- Land Planners
Office: (574)234 -4003 / (BDO)594 -4003 a Fox: (574)234 -4119
1643 Commerce Drive a South Bend, IN 46628
ALLEY VACATION
SURVEY ORDERED BY:
City
of South Bend
Ga rJ Tlw— - o
SURVEY DATED: 7/9/08
PROJECT NO.: 080105.2
PART OF THE NORTHEAST QUARTER SECTION 13, TOWNSHIP 37
NORTH, RANGE 2 EAST
PORTAGE TOWNSHIP, CITY OF SOUTH BEND, COUNTY OF ST. JOSHPH,
INDIANA
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1643 Commerce Drive a South Bend, IN 46628
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THE ALLEY TO BE VAChED IS THE FIRST NORTH /SOUTH ALLEY WEST OF LAFAYETTE BLVD. FROM INDIANA
AVENUE NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 390 FEET, MORE OR LESS AND A
WIDTH OF 14 FEET. THE SECOND ALLEY TO VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF INDIANA
AVENUE FROM LAFAYETTE BLVD. WEST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 165
FEET AND A WIDTH OF 14 FEET. BEING A PART OF STULL'S FIRST ADDITION, CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
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THE ALLEY TO BE VAChED IS THE FIRST NORTH /SOUTH ALLEY WEST OF LAFAYETTE BLVD. FROM INDIANA
AVENUE NORTH TO THE FIRST EAST /WEST ALLEY FOR A DISTANCE OF 390 FEET, MORE OR LESS AND A
WIDTH OF 14 FEET. THE SECOND ALLEY TO VACATED IS THE FIRST EAST /WEST ALLEY NORTH OF INDIANA
AVENUE FROM LAFAYETTE BLVD. WEST TO THE FIRST NORTH /SOUTH ALLEY FOR A DISTANCE OF 165
FEET AND A WIDTH OF 14 FEET. BEING A PART OF STULL'S FIRST ADDITION, CITY OF SOUTH BEND,
PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
Property owners within 150'
1.) City of South Bend
Dept. of Redevelopment
1200 County -City Bldg
South Bend IN 46601
Tax Id: 018- 8006 -0349
2.) JTD Realty Inc.
1502 Lafayette Blvd.
South Bend, In 46613
Tax Id: 018- 8005 -0230
3.) 1s` Source BankCity
1401 S. Main Street
South Bend IN 46613
Tax Id: 018- 8005 -0229
4.) Ridge Company
1535 S. Main Street
South Bend IN 46613
Tax Id: 018 - 8006 -0351
OiAIGO
11
0` I- MOO 611 11h,
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Linda Martin, Clerk Board of Works
FROM: Tony Molnar
SUBJECT, Alley Vacations
DATE: July 10, 2008
Please find attached a map showing two additional alleys that need to be
vacated as part of the TRANSPO relocation project. Community and Economic
Development owns all of the surrounding property so I feel that the normal review
by the other City agencies is not required. Because TRANSPO was moved a
considerable delay has occurred and any time we can save with the vacation
process will be a big help to them.
Any questions, please let me know.
Thanks,
Tony
F:\DATA\SHARE\ENGINEER\WPDATA\memoboard.wpd
DfIA Vanch, f-Iarner & Associates, Inca
MICHAEL J. RANCH, L.A.
RON HARNER, P.S.
Land Surveyors . Professional Engineers
Landscape Architects . Land Planners
July 15, 2008
Honorable Members of the City of
South Bend Common Council If)--3r
4 Floor County -City Building t
South Bend, Indiana 46601
RE: Vacation Petition for a 259 ft. portion of a 12 ft. wide
East -West Public Alley located at the Northeast corner
of "Hartman and Woodworth's Plat" in the City of
South Bend, St. Joseph County, Indiana:
Dear Council Members:
Our clients, the City of South Bend, are requesting the approval of the Vacation
of a 259 ft. portion of a 12 ft. wide East -West Public Alley located at the Northeast
corner of "Hartman and Woodworth's Plat" on the Northerly side of South Bend
Avenue (S.R # 23). This Alley is located at the Southeast corner of the Eddy Street
Commons project site.
The reason for this request is to allow for the re- configuration of properties for
future uses along South Bend Avenue and also to allow for a future street
intersection point for the Eddy Street Commons project site with South Bend
Avenue.
The Petitioners believe that vacating the above - mentioned Public Alley right -of-
way will not have a detrimental effect on the adjacent properties located along this
portion of South. Bend Avenue.
If you have any questions concerning this matter, please feel free to give me a call at
234 -4003.
Sincerely,
Michael J. Danch
President
Danch, Harner & Associates
File #080179.1
1643 Commerce Drive . South Bend, IN 46628
Office 574/234 -4003 ■ 8001594 -4003 ■ Fax 574/234 -4119
F-Ved in `C8
AUG - 5 2008
SON:`: V�C'Ritc
CITY CLFRK, CO. UND, IN.
208 West Mars . Berrien Springs, MI 49103
once 269/471 -3010 ■ Fax 2691471 -7237
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY
NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT -OF -WAY LINE OF STATE ROAD
23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST
MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN
HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is
charged with the authority to hear all petitions to vacate public ways
or public places within the City.
The following Ordinance vacates the above- described public
property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having
held a public hearing on the petition to vacate the following property:
THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY
NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT -OF -WAY LINE OF STATE ROAD
23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST
MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN
HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and
easements of all utilities and the Municipal City of South Bend,
Indiana, to construct and maintain any facilities, including, but not
limited to, the following: electric, telephone, gas, water; sewer,
surface water control structures and ditches, within the vacated right -
of -way, unless such rights are released by the individual utilities.
SECTION III. The following property may be injuriously or
beneficially affected by such vacating:
Tax
Key Number
18- 5097 -3440
Tax
Key Number
18- 5097 -3441
Tax
Key Number
18- 5097 -3442
Tax
Key Number
18- 5097 -3443
Tax
Key Number
18- 5097 -3444
VA
SECTION IV. The purpose of the vacation of the real
property is to allow for the future development of properties
located along South Bend Avenue and to allow for a future Street
intersection point for the Eddy Street Commons project with South
Bend Avenue (S.R. # 23).
SECTION
from and after
Mayor.
sf RaDIiT g t\--65
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSE
V. This ordinance shall be in full force and effect
its passage by the Common Council and approval by the
Member'of the Common C ncil
"GIM113 0. af::;, D "' i� r,e�i fir, �;•y.;r;;�
COUnc01 C; 0 .10a ti i3 13; SU -a1
Flied In Clerk's 0"Iflce
AUG - 5 2008
JOHN VOORDE
CITY CLERK, SO, BEND, IN.
PETITION TO VACATE PUBLIC ALLEY RIGHTS -OF -WAY
TO: THE COMMON COUNCIL DATE: JULY 15, 2008
OF THE CITY OF SOUTH BEND, INDIANA
I (WE),.THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY TO BE VACATED IS DESCRIBED AS THE FIRST EAST -WEST ALLEY
NORTH OF STATE ROAD 23 FROM THE NORTH RIGHT -OF -WAY LINE OF STATE ROAD
23 APPROXIMATELY 195.00 FEET NORTH MORE OR LESS, AND 258.98 FEET WEST
MORE OR LESS AND A WIDTH OF APPROXIMATELY 12 FEET. PART SITUATED IN
HARTMAN AND WOODWORTH'S PLAT TO THE CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA.
NAME (signed & printed) & ADDRESS Tax Key Number
Burkhart Advertising Inc.
P.O. Box 536.
South Bend, Indiana 46624
pls�d
For Burkhart Advertising Inc.
Organization, Inc.
City of South Bend, Board of
Public Works
1308 County City Building
Sout end, Indiana 4 O1
18- 5097 -3444
18- 5097 -3440
For City of South Bend, Board of Public Works
18- 5097 -3441
18- 5097 -3442
18- 5097 -3443
(2)
CONTACT PERSON: Michael J. Danch
NAME: Danch, Harner & Associates, Inc.
1643 Commerce Drive
South Bend, Indiana 46628
(574) 234 -4003
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, INDIANA 46601 (574) 235 -9221
Filed in Clark's Office
AUG - 5 2008
,I,v,jfj VOORI)p
CITY Ci. m"n ' SO. BEND, IN.
LEGAL DESCRIPTION:
THE ALLEY TO BE VACATED IS THE FIRST EAST -WEST ALLEY NORTH OF STATE ROAD 23 LOCATED DIRECTLY NORTH
OF LOTS 28 THROUGH 32 IN THE RECORDED PLAT OF HARTMAN AND WOODWORTH'S PLAT RECORDED IN PLAT
BOOK 7, PAGE 30 IN THE RECORDS OF THE RECORDER'S OFFICE OF ST. JOSEPH COUNTY, INDIANA., FOR A
DISTANCE OF APPROXIMATELY 258.98 FEET AND A WIDTH OF APPROXIMATELY 12 FEET, PORTAGE TOWNSHIP, CITY
OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA.
Hod !r �4�rt�'� Office
AUG - 5 2008
X0;1 V��+ ORM ryry s,
C F,
.,.'1 Istr't. ire. ,v a�r�i,.t; •1 s't;t
BOARD OF PUBLTC WORKS
TO: dill Scimlliol
FROM: Litidzi Msrrdiri, Clerk -' "; ,
SUBJECT: Alley Vara lon — East AWst North South Bcnd Avenue (SR 23)
DATE: 112SMS
1i -4171
°l ac Bo,:rrrl of 1'tsi�oc %Vorl:�, ar its: ttl��i't ;ttE: It <�l <l an July 'C�f1$, tntictinl;, Irvies',rd tlJr
abo..e wfcrcttccd rcqucst and a f-avorLhlr Jtc«r.:nte:alat.on f,01 N c.rt:orr.
You v "ill rtcctl a raditis n,.ah slux:in;.; propertics z:vsl::in 150* of'tile hroposcd ` ; ca*icon for
Yom- petition, to th f_ ',.tooth:; {';rt1ncii. 1'.ic?: sr_conlact. Tow, Nivinar at cY:casiart 9254 prior to
E21Ck111L' tt11 VOUr I ltittl > r'_.aj)• x):Ltit voll j'IC 14r n -&tv; rii1 eel to Rio CiIN. ("ft iV.; ilt,#Ice
12-fr �r'wt ;!Ilt'% pswkvt.
File ery.'s () ""'0
AUG - 5 2008
JOHN V1aRDE
CiT'i CLE1K, S0. f) w. tN.
_,.,A, A. C.r + P.3.. rs rs )tr . r.r
J,':t:vt 3.
PROPERTY OWNERS 150'
Burkhart Advertising
1335 Mishawaka Ave
South Bend, IN. 46615
Tax Key # 18 5097 3440
Housing Authority
501 S Scott
South Bend, IN. 46613
Tax Key # 18 5097 3423
University of Notre Dame Du Lac
836 Grace Hall
Notre Dame, IN. 46556
Tax Key # 18 5102 3579
City of South Bend - Board of Public
Works
Room 1308 County City Building
South Bend, IN. 46601
Tax Key # 18 5097 3441
City of South Bend - Board of Public
Works
Room 1308 County City Building
South Bend, IN. 46601
Tax Key # 18 5097 3442
Ponce Lugo Javier
1338 South Bend Avenue
South Bend, IN. 46617
Tax Key # 18 5102 358802
LaSalle Council Boy Scouts
Of America
1433 Northside Blvd.
South Bend, IN. 46615
Tax Key # 18 5102 358901
Fred L. Binns
51721 Red Mills Rd.
Dowagiac, Mi. 49047
Tax Key # 18 5102 3588
City of South Bend - Board of Public
Works
Room 1308 County City Building
South Bend, IN. 46601
Tax Key # 18 5097 3443
Burkhart Advertising
P.O. Box 536
South Bend, IN. 46624
Tax Key # 18 5097 3444
Confidence By Design
ENGINEERS
ARCHITECTS
PLANNERS
SURVEYORS
750 Lincoln Way East
South Bend, IN 46601
T. 574 - 232 -8700
F. 574 - 251 -4440
www.abonmarche.com
FORT WAYNE, IN
BENTON HARBOR, MI
MANISTEE, MI
SOUTH HAVEN, MI
August 6, 2008
City of South Bend
Common Council
227 West Jefferson Boulevard, Suite 400 South
South Bend, IN 46614
RE: Vacation of Public Rights -of -Way
Part of DeRue Court & Part of Lot AA of the Hall of Fame &
Chocolate Cafe Minor Subdivision
Dear Honorable Members:
Please accept the attached petition and ordinance as our firm's written
request, on behalf of our client, the City of South Bend Department of
Community and Economic Development to vacate the following
described public rights -of -way: (1) the east 12 feet of DeRue Court from
Jefferson Boulevard to the north line of the south 13 feet of a 30 foot
ingress / egress easement located within Lot AA of the Hall of Fame &
Chocolate Cafe Minor Subdivision, Exhibit B -1 attached; (2) and the south
13 feet of said 30 foot ingress / egress easement from the west line of the
east 12 feet of DeRue Court extended to St. Joseph Street, Exhibit B -2
attached. Please refer to the attached location map for the areas to be
vacated.
The Department of Community of Economic Development is in the
process of redeveloping Lots 38, 39, and 40 in the Original Plat to the City
of South Bend lying contiguous to the proposed vacated right -of -way and
ingress /egress easement into a hotel and parking facility. The vacated
real estate is needed for the planned development of said lots.
The City Board of Public Works considered and approved both the
vacation and easement releases within these public rights -of -way at their
July 28th meeting.
If you have any questions or comments regarding this vacation request,
please contact our office. at 232 -8700 or Jennifer Laurent, Economic
Development Specialist with the Department of Community and
Economic Development at 235 -9336.
We appreciate your time and consideration on this request.
Sincerely, Head to Gle-rk's G��EC�
ABONMARCHE CONSULTANTS, L.L.C.
AUG — 6 2008
Derek J. Spier, AICP
Planner
aQliri v ° °�°�
cc: File M8- 0554 -132 crt cLEI :C, @• �ecl °, IEd.
Jennifer Laurent, Economic Development Spe
F: \Projects \M8 - 0554 \Public Right -of -Way Vacation LOT- for merger.doc
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE EAST 12 FEET OF DERUE COURT FROM JEFFERSON
BOULEVARD TO THE NORTH LINE OF THE SOUTH 13
FEET OF A 30 FEET WIDE PUBLIC INGRESS EGRESS
EASEMENT PER INSTRUMENT NUMBER 0365811 AND
SAID SOUTH 13 FEET OF A 30 FEET WIDE PUBLIC
INGRESS EGRESS EASEMENT FROM THE WEST LINE OF
THE EAST 12 FEET OF DERUE COURT EXTENDED TO ST.
JOSEPH STREET.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with
the authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF
THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND,
INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS
WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF
128.29 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00
DEGREES 17 MINUTES 45 SECONDS EAST, ALONG THE EAST LINE OF
DERUE COURT, A DISTANCE OF 198.04 FEET TO THE SOUTH LINE OF
LOT 40 IN SAID ORIGINAL PLAT; THENCE SOUTH 89 DEGREES 45
MINUTES 03 SECONDS WEST, ALONG SAID SOUTH LINE EXTENDED
WEST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00 DEGREES 17
MINUTES 45 SECONDS WEST, PARALLEL WITH THE EAST LINE OF
DERUE COURT, A DISTANCE OF 198.04 FEET TO THE NORTH LINE OF
SAID LOT 38 EXTENDED WEST; THENCE SOUTH 89 DEGREES 45
MINUTES 18 SECONDS EAST, ALONG EXTENDED NORTH LOT LINE, A
DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.055 ACRES, MORE OR LESS; AND
A PART OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 37
NORTH, RANGE 2 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND,
ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT NUMBER 38 OF
THE ORIGINAL PLAT OF THE TOWN, NOW CITY, OF SOUTH BEND,
INDIANA; THENCE SOUTH 89 DEGREES 45 MINUTES 18 SECONDS
WEST, ALONG THE NORTH LINE OF SAID LOT 38, A DISTANCE OF
140.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 45 SECONDS
WEST, PARALLEL WITH THE EAST LINE OF DERUE COURT EXTENDED
NORTH, A DISTANCE OF 13.00 FEET; THENCE NORTH 89 DEGREES 45
MINUTES 18 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF
SAID LOT 38, A DISTANCE OF 140.26 FEET TO THE EAST LINE OF SAID
LOT 38 EXTENDED NORTH; THENCE SOUTH 00 DEGREES 24 MINUTES
52 SECONDS EAST, ALONG SAID EXTENDED EAST LOT LINE, A
DISTANCE OF 13.00 FEET TO THE POINT OF BEGINNING; SAID
DESCRIBED TRACT CONTAINING 0.042 ACRES, MORE OR LESS;
SUBJECT TO ALL COVENANTS, RESTRICTIONS, AND RIGHTS OF WAY
OF RECORD.
hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of
all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any
facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer,
surface water control structures and ditches, within the vacated right -of -way, unless such
rights are released by the individual utilities.
SECTION III. The following property may be injuriously or beneficially affected by
such vacating:
LOTS 38 THROUGH 43 IN THE ORIGINAL PLAT OF THE
TOWN, NOW THE CITY OF SOUTH BEND, INDIANA, AND
LOT 43A AND AA OF THE HALL OF FAME & CHOCOLATE
CAFE MINOR SUBDIVISION.
Section IV. The purpose of the vacation of the real property is
VACATE A 12 FOOT WIDE STRIP OF DERUE COURT, 40
FEET IN WIDTH, AND A 13 FOOT WIDE STRIP OF AN
INGRESS EGRESS EASEMENT, 30 FEET IN WIDTH, FOR
THE USE AND BENEFIT OF LOTS 38 THROUGH 40 WITHIN
THE ORIGINAL PLAT OF THE TOWN, NOW THE CITY OF
SOUTH BEND.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attest:
City Clerk
AQU61.1
t3 rd PQ ?t �a�F.D
tA01
REFEREED
F A55ED
T. l
Member of the Common Council
lMgnln$ DT IMS Fill T5 MN is prn� jig
an opportunity for public hcurir,a and
Council action on this issue.
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock . M.
Approved and signed by me on the
o'clock . M.
City Clerk
day of , 2 , at
Mayor, City of South Bend, Indiana
Hied to Clam's 0111 ce
Eii 2008
JQ`?N t so B
cm ELERK ND, IN.
,
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETSIALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: August 6, 2008
I (WE), THE UNDERSIGNED PROPERTY OWNER(S), PETITION YOU TO VACATE:
A. THE ALLEY / INGRESS & EGRESS EASEMENT DESCRIBED AS:
The South 13 feet of an Ingress- Egress Easement 30 width in width shown on the Hall of
Fame & Chocolate Cafe Minor Subdivision (Instr. #0365811) from the West line of the east 12
feet of DeRue Court extended north to St. Joseph Street.
B. THE STREET DESCRIBED AS:
The East 12 feet of DeRue Court 40 feet in width from Jefferson Boulevard to the North line of
the South 13 feet of an Ingress /Egress Easement 30 feet in width shown on the Hall of Fame
& Chocolate Cafe Minor Subdivision (Instr. #0365811).
NAME (signed & printed) ADDRESS
City of South Bend, Redevelopment 1200 County -City Building,
Autho South Bend, IN 46601
Do a .Inks, irecto
(Si ned)
City of South Bend, for the Use &
Benefit of Its Department of
Redevelopment
Dona E. Inks, Director
Divisldn of Economic elo ent
(S)gned)
1200 County-City Building,
South Bend, IN 46601
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455 - COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574 -235 -9221
H')1
AUG - 6 2008
CIV, Gi,EPIl's,
LOT #
AA
Hall of Fame &
ChocolateCafe Minor
Sub. (Instr. #0365811)
38 through 40
Original Plat of the
Town, now the City of
South Bend (Plat Book
1, Page 1 & 2)
CONTACT PERSON (S)
NAME: Derek J. Spier, A1CP
ADDRESS: 750 Lincoln Way East
South Bend, IN 46601
PHONE: 574- 232 -8700
NAME: Jennifer Laurent, Economic
Development Specialist
Department of Economic
Development
ADRESS: 1200 County -City Building,
South Bend, IN 46601
PHONE: 574 - 235 -9336
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EXHIBIT B -2
P &- SOUTH EDGE OF PUBLIC �poFPFPMNpR Sv8
SANITARY SEWER EASEMENT NPR\ GPFE
(AS SHOWN ON INSTR. #0365811) GNpGp�PS� I \
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ABONMARCHE p O /06
DATED:
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LS20200020
STATE OF z -
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AARON W. BLANK, P._L.S. DATE
PROFESSIONAL LAND SURVEYOR #LS20200020
STATE of INDIANA
LEGEND
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JOHIA `INORDE
Girt ii:, S-J. BE7.i ?, I'm.
R/W RIGHT OF WAY
DESCRIBED AREA
0 15 30 60
SCALE 1 " =30'
LEGAL DESCRIPTION
M® ABONMARCHE CONSULTANTS, L.L.C.
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P.O.B. I
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INGRESS & EGRESS EASEMENT
750 Lincoln Way East
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LEGAL DESCRIPTION
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Fort Wayne, Indiana
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South Bend, Indiana 46601
(574) 232 -8700
Benton Harbor, Michigan
Manistee, Michigan
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FAX: (574) 251 -4440
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by Abonmorche Consultants of Indiana, LLC.
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EXHIBIT B -1
30' WIDE PUBLIC INGRESS & EGRESS EASEMENT
(AS SHOWN ON INSTR. #0365811)
CAF /
- - - --1- 28 .100'
I 1 I/
II , iLOT 38
LOT 43
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Sheet 1 of 1
W 128.29'
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-0 C6 y �r i / AgON DARED E 05/15/06
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LOT 42 I 1 w1 LOT 39
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(AS SHOWN ON INSTR. #0365811)
SCALE 1 ° =30' I
Prepared for City of South Bend,
South Bend, Indiana 46601
Benton Harbor, Michigan
a Community and Economic Development
(574) 232 -8700
Manistee, Michigan
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FAX: (574) 251 -4440
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(Job #M4 -0379)
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/ PLANNING / CONSTRUCTION SERVICES
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HALL OF
CM NES U& B
OR
EXHIBIT B -1
30' WIDE PUBLIC INGRESS & EGRESS EASEMENT
(AS SHOWN ON INSTR. #0365811)
CAF /
- - - --1- 28 .100'
I 1 I/
II , iLOT 38
LOT 43
I I
Sheet 1 of 1
W 128.29'
P.O.C.
NE CORNER
LOT 38 =I—
SURVEY
B Y:
BOUNDARY RVEY TS
I 0 i PRIOR CONSULTAN
-0 C6 y �r i / AgON DARED E 05/15/06
i
LOT 42 I 1 w1 LOT 39
in Ln / ORIGINAL SOUTH
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CITY BE w ND I r
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STATE OF
L — —I� � �— — — AARON W. BLANK, P.L.S. DATE
II i PROFESSIONAL LAND SURVEYOR #LS20200020
STATE of INDIANA
D LOT 41 I
i \ LOT 40
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0
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W I---- 28.100'
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3 — — — — L— — ' ' — — — — — — -
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W JEFFERSON BOULEVARD =
LEGEND
R/W
RIGHT OF WAY
° A PORTION OF DeRUE COURT
DESCRIBED AREA
0
15 30 60
750 Lincoln Way East
SCALE 1 ° =30' I
LEGAL DESCRIPTION
e® ABONMARCHE CONSULTANTS, L.L.C.
° A PORTION OF DeRUE COURT
750 Lincoln Way East
Fort Wayne, Indiana
Prepared for City of South Bend,
South Bend, Indiana 46601
Benton Harbor, Michigan
a Community and Economic Development
(574) 232 -8700
Manistee, Michigan
by Abonmarche Consultants of Indiana, LLC.
FAX: (574) 251 -4440
(Job #M4 -0379)
ENGINEERING / LAND SURVEYING
/ PLANNING / CONSTRUCTION SERVICES
;SCALE: 1 ° =30' DATE: 08/04/08 DRAWN BY: JLM CHECKED BY: I
1316 COUNTY -CITY BUILDING
227 W JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
GARY A. GILOT, P.E.
DIRECTOR OF PUBLIC WORKS
July 22, 2008
Rev. Timothy Rouse
President
South Bend Common Council
PHONE 574/ 235 -9251
FAx 574/235 -9171
TDD 574/ 235 -5567
loo. 44 Od
In Re: Ordinance to Amend the South Bend Municipal Code Chapter 16,
Article 2, Sections 16 - -6: To adjust rates for the collection of Solid
Waste.
Dear President Rouse:
Attached is an ordinance for Council consideration which deals with amendments
to Chapter 16 of the Municipal Code, specifically Solid Waste fees. These amendments
are prompted by the increased cost of collection and disposal of residential solid waste.
We are asking, at this time, to increase the cost for service by two - dollars and
fifty five cents ($2.55) per month for each class of customer and for increases of 3% in
2010 and 2011. These new fees will allow us to put our solid waste vehicles on a seven
year replacement schedule, allow us to replace lost containers, and rebuild reserves.
Even with these rate increases South Bend Solid Waste fees will remain
competitive with surrounding cities.
I will make the formal presentations and am available anytime if you have
questions.
Sincerely,
Phn on
In lfnu k- 's office
JUL 2 3 2008
Jon VOOPOE
CTTY Ci.F ,K, so, OEM, 1%
ENGINEERING E
ENVIRONMENTAL SERVICES C
WATERWORKS
JOHN E STANCATI
574/235 -9322
FAx 574/235 -9728
qtr
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 16, ARTICLE 2, SECTIONS 16 -6 OF
THE SOUTH BEND MUNICIPAL CODE TO ADJUST RATES FOR COLLECTION OF
SOLID WASTE
STATEMENT OF PURPOSE AND INTENT
Since 1993 the South Bend Solid Waste utility rate for most residential customers has
been under Nine Dollars ($9.00) per month. Over these past fifteen years, the Bureau of Solid
Waste has been successful in improving service, reducing staff and improving the technology of
its equipment. The Bureau has furnished closed containers to City residents. The appearance of
South Bend's streets and alleys has improved, and huge strides have been made in becoming a
"Clean City ". However, rising fuel costs, an aging fleet, and increased landfill tip fees have cut
into reserves. It is necessary to raise rates in order to sustain quality service.
This ordinance provides for a rate increase of two dollars and fifty -five cents ($2.55) per
month for the remainder of 2008 and 2009. Increases of 3% in 2010 and 2011 are also included
to cover any inflationary increases in near future. Revenues received will allow for ongoing
replacement of vehicles and containers, as well as, increased operating costs, particularly fuel
and landfill costs.
The terms of this ordinance are in the best interests of the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA that Chapter 16, Article 2, Section 16 -6 of the South Bend
Municipal Code be amended as follows:
Section I. Chapter 16, Article 2, Section 16 -6, subpart c of the South Bend Municipal
Code be and hereby is amended to read as follows:
Section 16 -6 Collection of residential refuse; exceptions; fees.
(c) The City shall charge the owner or occupant of each occupied residence within
the City for the collection and disposal of residential refuse according to the
following schedule:
(1) One - family dwelling: Eight dollars nd eighty ^ nts ($8.8 ).Pee
mepAh. Eleven dollars and thirty -five cents ($11.35) per month in
2008 and 2009• Eleven dollars and sixty -nine cents ($11.69) per
month on January 1 2010; Twelve dollars and four cents ($12.04)
per month on January 1, 2011, and thereafter until modified.
(2) One - family dwelling where the head of the household has
submitted to the Board of Public Works proof of age sixty -five
(65) or over: Five dollars a fifty eents ($5.50) re- "e-+- Eight
dollars and five cents ($8.05) per month for the remainder of 2008
and 2009• Eight dollars and twenty -nine cents ($8.29) per month
on January 1 2010• Eight dollars and fifty-four cents $8.54 per
month on January 1 2011 and thereafter until modified.
(3) Two - family dwelling with one water meter:
eents per month per water- meter-.. Sixteen dollars and
thirty-five cents ($16.35) per month or Eleven dollars and thirty -
five cents ($11.35) per month per water meter for the remainder of
2008 and 2009• Sixteen dollars and eighty -four cents ($16.84) or
Eleven dollars and sixty -nine cents ($11.69) per month per water
meter on January 1 2010• Seventeen dollars and thirty -five cents
($17.35) per month or Twelve dollars and our cents ($12.04) per
month per water meter on January 1, 2011, and thereafter until
modified.
(4) Three - family dwelling with one water meter: 1
eents ($8.80) per- mapAh per water- meter, Twenty -one. dollars and
thirty -five cents ($21.35) per month or Eleven dollars and thirty -
five cents ($11.35) per month per water meter for the remainder of
2008 and 2009; Twenty -one dollars and ninety -nine cents ($21.99)
per month or Eleven dollars and sixty -nine cents ($11.69) per
month per water meter on January 1 2010• Twenty -two dollars
and sixty -five cents ($22.65) per month or Twelve dollars and four
cents ($12.04) per month per water meter on January 1, 2011, and
thereafter until modified.
(5) Four - family dwelling with one water meter: Twenty thFe
dollars and eighty eents ($23.90) or- Eight dollafs and eighty eents
. Twenty -six dollars and thirty -five cents
($26.35) per month or Eleven dollars and thirty -five cents ($11.35)
per month per water meter for the remainder of 2008 and 2009;
Twenty -seven dollars and fourteen cents ($27.14) per month or
Eleven dollars and sixty -nine cents ($11.69) per month per water
meter on January 1 2010• Twenty -seven dollars and ninety -five
cents ($27.95) per month or Twelve dollars and four cents ($12.04)
per month per water meter on January 1 2011, and thereafter until
modified.
Section III. This Ordinance shall take effect September 1, 2008.
Section III. This Ordinance shall be in full force and effect from and after the time it has
been adopted by the Common Council and approval by the Mayor.
V40 U Z �
Member, South Bend Common Cotncil
Attest: Eigning of this bill is only to provide
an opportunity for public h acing and
City Clerk Council action on this issue.
Presented by me to the Mayor of the City of South.Bend, Indiana on the day
of
2 , at o'clock . M.
City Clerk
Approved and signed by me on the day of
o'clock
1 st READING � `L,?- Ok
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
2 , at
Mayor, City of South Bend, Indiana
Hied In lerk'S Off" M
JUL 2 3 2008
JOHN VOQRDE
CITY CLERK, So. BUID, IN.
I � � � 0 �) - CA - (1c,
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE SOUTH BEND
BOARD OF ZONING APPEALS
FOR THE PROPERTY LOCATED AT
1129 N. ST. LOUIS BLVD.
WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give
notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions
from the Board of Zoning Appeals for approval or disapproval; and
WHEREAS, the Common Council must take action within sixty (60) days after the
Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36-
7-4- 918.6; and
WHEREAS, the Common Council is required to make a determination in writing on
such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and
WHEREAS, the South Bend Board of Zoning Appeals has made a recommendation,
pursuant to applicable state law.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5,
requesting that a Special Exception be granted for the property located at: 1129 N. St.
Louis Blvd., South Bend, Indiana, 46617.
in order to permit an accessory parking lot in an S172 district.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the South Bend Board of Zoning
Appeals, a copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
The proposed use will not be injurious to the public health, safety,
comfort, community moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of the adjacent
area or property values therein;
3. The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of
South Bend Comprehensive plan; all of which is requested by the South
Bend Municipal Code § 21 -09.03 (i).
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions established by the Board of Zoning Appeals which are on file in the office of
the City Clerk.
SECTION V. The Resolution shall be in full force and effect from and after its adoption
by the Common Council.
stsit'o ) -ZF -O F
j, vno'40
r7-� �'J A ,VLu! -t�j �
Member of the Common Council
gigning of this bill is only to provide
an opportunity for public hearing and
Council action on this issue.
Filed in Clerk's Q ice
SUN 2 5 2008
ao�N voowoE
CfTY CLi"R't, so SEND, IN.
BOARD OF ZONING APPEALS
OF
THE CITY OF SOUTH BEND
PETITION
APPLICANT'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574 - 234 -2351
ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617
ADDRESS OF PROPERTY 1129 N ST. LOUIS BLVD, SOUTH BEND, INDIANA 46617
PRESENT ZONING OF PROPERTY SF2
OWNER'S NAME GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST PHONE 574 - 234 -2351
ADDRESS 710 E NAPOLEON BLVD, SOUTH BEND, INDIANA 46617
COUNSEL OR CONSULTANT ROB MARTIN (BARR DESIGN GROUP, LLC) PHONE 574 - 534 -6531
ADDRESS 502 S MAIN ST, GOSHEN, INDIANA 46526
NATURE OF APPEAL, VARIANCE, OR SPECIAL EXCEPTION:
- SPECIAL EXCEPTION FOR ACCESSORY PARKING LOT IN AN SF2 DISTRICT
- VARIANCE FROM THE REQUIRED 20' SIDE YARD SETBACK TO 10' SIDE YARD PARKING
SETBACK.
I attest under the penalties for perjury, that the foregoing representations are
true.
SignaXure of Property Owner (s)
arr Design
502 :S.. Main St.. , 'Goshen., IN 46526
-Tel:: 574 - 334 -6531 Fax:: 574 -.534 -656_°
June 25, 2008
RE: Petition seeking SPECIAL EXCEPTION for GREATER HOLY TEMPLE CHURCH OF
GOD IN CHRIST
To Whom It May Concern:
We (GREATER HOLY TEMPLE CHURCH OF GOD IN CHRIST, 710 E NAPOLEON
BLVD, SOUTH BEND, INDIANA 46617, Phone # 574 - 234 -2351) are requesting a
SPECIAZ EXCEPTION for the following::
• SPECIAL EXCEPTION TO ALLOW AN ACCESSORY OFF - STREET PARKING AREA WITHIN
AN SF2 ZONING DISTRICT
• VARIANCE FROM THE REQUIRED 20' SIDE -YARD SETBACK TO 10' SIDE -YARD
SETBACK TO ACCOMMODATE THE REQUIRED PARKING
The approval of these requests shall not be injurious to the public health,
safety, morals and general welfare of the community for the following reasons.
1. Granting the variance will allow the construction of a gymnasium
addition to the church across the street. This will help the church
serve local community needs
The use and value of the area adjacent to the property included in the
requests will not be affected in a substantially adverse manner because:
1. Landscaping & screening per the South Bend city ordinances will be
installed
2. The parking demand during the week will be a fraction of the need that
is calculated per the city ordinances.
3. The church operates a van / bus to bring approximately 15 to 20
congregation members to church, reducing the number of parking spaces
needed.
The proposed use will be consistent with the character of the district in
which it is located and the land uses authorized therein because:
1. The existing church is at present an asset to the neighborhood, and
maintains its property with pride and distinction serving as an example
to the adjacent properties.
The proposed use is compatible with the recommendations of the City of South
Bend Comprehensive Plan because:
1. A church is a permitted use within an SF2 zoning district
2. This exception will allow for church parking which is also permitted
within an SF2 zoning district
Contact: Rob Martin of Barr Design Group, located at 502 S.
Main St., Goshen, Indiana will be presenting the petition. The phone number
there is 574 - 534 -6531
Rec
PARCELID
NAME-1
PROP_ADDR
ST EET
CITY
NOLAN DENIS AND
VAC LOT 68 ST
1
18- 5104 -3605
CATHERINE
LOUIS
701 St Vi cent St
South Bend IN 46617
MILLER BRIAN LAND
2
18- 5104 -3620
KATHLEEN M
1115 N ST PETER
1115 N St Peter St
South Bend IN 46617
3
18- 5109 -3857
DRAMJ LLC
1104 HILL
61410 CR
3
Elkhart IN 46517
4
18- 5109 -3867
ALEXANDER MICHAEL A
1105 ST. LOUIS
1105 N S
Louis St
South Bend IN 46617
6698 EA $T
150
5
18- 5110 -3929
SHORT TIM & DENISE
522 NAPOLEON
NORTH (
Mill Creek IN 46365
TAYLOR KEITH D &
6
18- 5109 -3848
SHARITA D
HILL ST
608 Napo
eon St
South Bend IN 46619
622
NAPOLEAN 11133
7
18- 5109 -3859
SCOTT BARROS TONI
ST. LOUIS
622 Napo
can
South Bend IN 46617
8
18- 5109 -3855
1 G LLC
1114 HILL
1755 S H
yes St #A
Arlington VA 22203
CHANCE CHERYL
1102 HILL/613 ST.
9
18- 5109 -3858
LA 4 MISC
VINCENT
1102 N Hill
Street
South Bend IN 46617
10
18- 5109 -3868
TOWNSEND EMMA
623 ST. VINCENT
623 St Vincent
St
South Bend IN 46617
AZZARELLO JAMES
11
18- 5109 -3852
LYNN JR & BRONWYN
HILL
8927 Ech
Valley Dr
Houston TX 77055
HOUSING AUTHORITY
12
18- 5109 -3863
OF SOUTH BEND
1121 ST. LOUIS
501 S Scqtt
St
South Bend IN 46601
1129 ST. LOUIS
13
18- 5109 -3861
REDDING JULIA CARTER
BLVD
1129 N Si
Louis BI
South Bend IN 46617
NOLAN DENIS AND
I 14
18- 5104 -3607
CATHERINE
701 ST VINCENT
701 St Vincent
South Bend IN 46617
I
NOLAN DENIS AND
VAC LOT 69 ST
15
18- 5104 -3606
CATHERINE
LOUIS
701 St Vii
cent
South Bend IN 46617
RYAL JOHN MICHAEL &
VAC LOT 63 N ST
16
18- 5104 -3621
ERIN LEE
PETER
1105 N Sr
PETER ST
South Bend IN 46617
BASS F LESTER ETAL %
17
18- 5110 -3934
BASS FRANKPETMISC
1109 HILL
1109 HIJ
ST
South Bend IN 46617
18
18- 5109 -3856
1G LLC
1110 HILL
1755 S H
yes St #A
Arlington VA 22202
ALEXANDER WILLIAM H.
19
18- 5109 -3866
AND LENORA A.,
LOT 8 ST. LOUIS
1313 E C
mpeau St
South Bend IN 46617
ALEXANDER JOHN &
11117
20
18- 5109 -3865
DEBRA
ST. LOUIS
N S1
Louis Blvd
South Bend IN 46617
1�
BASS TRACY L AND
CRYSTAL M LF EST
21
18- 5110 -3935
WILFOR
1107 N. HILL
1109 HILL
ST
South Bend IN 46617
HOUSING AUTHORITY
22
18- 5110 - 393101
OF SOUTH BEND
1127 HILL
501 S Sc
tt St
South Bend IN 46601
23
18- 5109 -3853
1G LLC
1118 HILL
1118 Hill I
South Bend IN 46617
CIVIL CITY OF SOUTH
14th Floo{
County -City
24
18- 5109 -3854
BEND
1118 HILL
Bldg
South Bend IN 46601
ALEXANDER JOHN R &
25
18- 5109 -3864
DEBRA E
1117 ST. LOUIS
1117 N St
Louis Blvd
South Bend IN 46617
HOUSING AUTHORITY
26
18- 5110 -3933
OF CITY OF S. B.
1121 HILL
501 S Scgtt
St
South Bend IN 46601
GREATER HOLY TEMPLE
1131 ST. LOUIS
27
18- 5109 -3860
COGIC
BLVD
710 E Na
oleon Blvd
South Bend IN 46617
28
18- 5109 -3850
SCHROETER DAVID J
1128 HILL
15817 A
HVILLE LN
Granger IN 46530
AMEDURI ROCCO AND
29
18- 5122 -4331
JULIA
612 PEASHWAY
612 Peas
iway
South Bend IN 46617
WAYMOUTH ROBERT H
30
18- 5122 -4333
AND ADELA M
620 PEASHWAY
620 Peas
way St
South Bend IN 46617
JEFFERIES PROPERTIES
31
18- 5122 -4334
LLC
626 PEASHWAY
9722 E C
chise
Scottsdale AZ 85258
REINEKE JAN R & MARY
32
18- 5122 -4336
E
632 PEASHWAY
3431 T
Fkenham
South Bend IN 46614
NORTON JOHN E &
ELLEN M & NORTON
Downers Grove IL
33
18- 5122 -4337
DONALD
636 PEASHWAY
6040 Bro
kbank Rd
60516
KLOSKA ROBERT L &
34
18- 5104 -3619
MARGARET M
1121 N ST PETER
1121 N S
Peter St
South Bend IN 46617
ROONEY CHRISTOPHER
6006 W
Lake
35
18- 5109 -3851
T
1126 HILL
Rd
jagle
Peotone IL 60468
36
18- 5109 -3862
REDDING JULIA CARTER
ST LOUIS
1129 N S
Louis BI
South Bend IN 46617
1127 N ST PETER
37
18- 5104 -3618
BUFILL JOSE A
ST
1121 N N
THE DAME
South Bend IN 46617
HOLY TEMPLE CHURCH
VAC LOT 65 -66-
38
18- 5104 - 360301
OF GOD IN CHRIST INC
67ST LOUIS
710 E Napolean
St
South Bend IN 46617
SHEPHERD
39
18- 5104 -3617
CHRISTOPHER E
718 NAPOLEON
51860 Fo
dale Ln
Granger IN 46530
MASSA JOSEPH A &
40118-5122-434404
ROSEMARY
535 NAPOLEON
535 Napqleon
St
South Bend IN 46617
n�
`J
601 E.
Los Angeles CA
41
18- 5122 -4338
VO KHANH & JERRIE
NAPOLEON
PO Box 5131171
90053
LIU JERRY B & OANH N
605 E.
42
18- 5122 -4339
VO -LIU
NAPOLEON BL
1836 N Wilmont
Chicago IL 60647
KIRK WILLIAM &
43
18- 5122 -4340
ELIZABETH
609 NAPOLEON
1126 E I r1ington
Ave
South Bend IN 46614
MICHIANA PROPERTIES
613 NAPOLEON
44
18- 5122- 434001
LLC
ST
1919 S Mjchigan
St
South Bend IN 46613
MICHIANA PROPERTIES
45
18- 5122 -4341
LLC
NAPOLEON
1919 S M
chigan
South Bend IN 46613
FRESE J MATTHEW &
46
18- 5122 -4342
DAWN
617 NAPOLEON
26424 Eunice
St
South Bend IN 46628
JONES VICTOR AND
47
18- 5122 -4343
ERNESTINE
621 NAPOLEON
621 Napo
can
South Bend IN 46617
1205 SO ST.
48
18- 5122 -4344
MANDRICI ROSEMARY
LOUIS
820 Peas
iway
South Bend IN 46617
1206 N. ST.
49
18- 5123 -4392
DOUGLAS JOHN R
LOUIS BL
1206 N S
Louis Blvd
South Bend IN 46617
SWEENY RYAN M &
9363 HIG
MEADOW
50
18- 5123 -4391
SUSAN M
705 NAPOLEON
RD
Allison Park PA 15101
GRESWICK JOEL V. AND
51
18- 5121 -4316
PAULINE M.
529 NAPOLEON
23851 Mint
Ct.
South Bend IN 46614
MCFADDEN TERENCE M
709 NAPOLEON
52
18- 5123 -4390
& LAURIE E
BL
209 Peas
way
South Bend IN 46617
CESULKA LEONARD H &
713 E.
53
18- 5123 -4389
GEORGIANA I
NAPOLEON
718 E. Napoleon
Blvd.
South Bend IN 46617
RAPPELLI JOHN &
LEONA AND MANDRICI
54
18- 5123 -4369
ROSEM
704 PEASHWAY
704 Peas
iway
South Bend IN 46617
ERNSPERGER WILLIAM
55118-5123-4371
& JANICE K
712 PEASHWAY
14160 Te
ibury Dr
Granger IN 46530
BOARD OF ZONING APPEALS
OF THE CITY OF SOUTH BEND
125 S. Lafayette Blvd.
Suite 100
South Bend, Indiana 46601
(574) 235 -9554
Fnx: (574) 235 -5541
July 18, 2008
The Honorable Common Council
Of the City of South Bend
4th Floor, County -City Building
South Bend, Indiana 46601
RE: Petition for Special Exception of Greater Holy Temple Church of God in Christ
BZA 7/17/08
Dear Council Members:
The above referenced petition of Greater Holy Temple Church of God in Christ was legally advertised on
July 3, 2008. The Board of Zoning Appeals gave it a public hearing on July 17, 2008, at which time the
following action was taken:
Upon a motion by Ms. Wilder- Hamilton, being seconded by Mr. Kilbase and unanimously carried,
the petition for Special Exception to allow off site parking in a "SF2" District, on property located
at 1129 N. St. Louis, is sent to the Common Council with a Favorable Recommendation.
The deliberations of the Board of Zoning Appeals and points considered in arriving at the above decision
as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made
part of this report.
Sincerely
Charles C. Bulot
Building Commissioner
CCB /cah
GREATER HOLEY TEMPLE CHURCH
OF GOD IN CHRIST (1129 N. St. Louis)
(off site parking)
SPECIAL EXCEPTION PURSUANT 21- 09.3(D)
BOARD OF ZONING APPEALS
CITY OF SOUTH BEND, INDIANA
FINDINGS OF FACT
1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY. COMFORT_
C0%1 l_ IUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE:
Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to
not being injurious to the public health, safety, morals, and general welfare of the community.
2. THE PROPOSED USE QUILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT
AREA OR PROPERTY VALUES THEREIN BECAUSE:
The variance or use shall improve the appearance of the neighborhood and will not devalue the surrounding
properties.
3. THE PROPOSED USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH
IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE:
Conditions on the property predate the Zoning Ordinance, which creates a different condition for this property.
4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH '
BEND COMPREHENSII'E PLAN BECAUSE:
It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not
deviatine from it's intent.
CONDITIONS OR REVISIONS:
DECISION
IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South
Bend Common Council with a: FAVORABLE RECOMMENDATION
ADOPTED this 17TH Day of JULY, 2005
YES NO
® RICHARD KILBASE
® CHRISTOPH HOFFMAN
ABSENT DAVID SASSANO
® MAURICE HOBAN
® ELONDA WILDER- HAMILTON
S u��S'- � ��v ESL_ -": Z �'
RESOLUTION NO.
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION
DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA,
COMMONLY KNOWN AS
1840 NORTH COMMERCE DRIVE
TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR
REAL PROPERTY TAX ABATEMENT FOR
STANZ FOOD SERVICE, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Economic Revitalization
Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the area commonly known as 1840
North Commerce Drive, South Bend, Indiana, and which is more particularly described as
follows:
PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township
38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more
particularly described as follows: Commencing at a brass plug at the center of said
Section 33; thence South 90 °00'000° West on and along the North line of the
Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South
00 °42'05" West a distance of 9.01 feet to an iron at the Southwest corner of
Progress Drive and Maplewood Avenue; thence South 00 °42'05" West on and
along the West line of Maplewood Avenue a distance of 399.39 feet to the true
place of beginning; thence South 00 °42'05" West on and along the West line of
Maplewood Avenue a distance of 409.85 feet; thence South 89 °30'39" West a
distance of 434.08 feet to the East line of Commerce Drive; thence North
00'29'21" West on and along the East line of Commerce Drive a distance of
409.85 feet: thence North 89 °30'39" East a distance of 442.55 feet to the true place
of beginning.
Said tract being Lot Number 21 of the Airport Industrial Park, Phase II.
PARCEL II: Lots Numbered Twenty -eight (28), Twenty -nine (29), Thirty (30)
and Thirty -one (31) as shown on the recorded Plat on the recorded Plat of Post
Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the
Recorder of St. Joseph County, Indiana.
PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township
38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more
particularly described as follows: Commencing at a brass plug at the center of said
Section 33; thence South 90 °00'00" West on and along the North line of said
Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00 °42'05"
West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive
and Maplewood Avenue, said point being the true place of beginning; thence
South 90 °00'00" West on and along the South line of said Progress Drive, a
distance of 450.98 feet to an iron on the East line of Commerce Drive; thence
South 00 °29'21" East on and along the East line of Commerce Drive, a distance of
403.15 feet to an iron; thence North 89 °30'39" East a distance of 442.55 feet to an
iron on the West line of Maplewood Avenue; thence North 00 °42'05" East on and
along the West line of Maplewood Avenue a distance of 399.39 feet to the place of
beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase
2.
ALSO, a portion of Maplewood Avenue vacated by the City of South Bend,
Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more
particularly described as follows: A portion of Maplewood Avenue, beginning at
the South right -of -way line of Progress Drive and the East right -of -way line of
Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post
Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to
the place of beginning;
and which has Key Numbers .18- 2183 - 688604, 18- 2183 -6832, 18 -2183 -6834, 18- 2183 -6838,
18- 2183 -6840, 18- 2183 -6842, 18- 2183 -6844 and 18- 2183 - 688607, as an Economic
Revitalization Area; and
WHEREAS, notice. of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for purposes of hearing all remonstrances
and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for an economic
revitalization area have been met.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the
area described herein as an Economic Revitalization Area for the purposes of tax abatement.
Such designation is for Personal property tax abatement only and is limited to two (2) calendar
years from the date of adoption of the Declaratory Resolution by the Common Council.
SECTION II. The Common Council hereby determines that the property owner is qualified for
and is granted Real property tax deduction for a period of five (5) years, and further determines
that the petition, the Memorandum of Agreement between the Petitioner and the City of South
Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of
the City of South Bend and Indiana Code 6- 1.1 -12 et se q.
SECTION III. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approved by the Mayor.
PRESENTED S - 25-`'�' S
NOT APPROVED
Member of the Common Co it
signing of this mill is o,tiy to provids. an
Qpprb.miiy for pulblic hearing and
Rik
Filed In Clark's Office
CITY CLE K, 50. BMW, W.
ADOPTETj -
6 - � � P0, (�)�)�
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS
1827 NORTH BENDIX DRIVE
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
(5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
MANN + HUMMEL USA, INCORPORATED
WHEREAS, a petition for personal property tax abatement consideration has been filed
with the City Clerk for consideration by the Common Council of the City of South Bend,
Indiana, requesting that the area commonly known as 1827 North Bendix Drive, South Bend,
Indiana, and which is more particularly described as follows:
A parcel of land being part of the Northeast Quarter of the Southeast
Quarter of Section 33. Township 38 North Range 2 East, in the City of South
Bend, Portage Township, St. Joseph County, Indiana
and which has Tax Key Number 018 -500- 299104 presently, be designated as an Economic
Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend
Municipal Code Sections 2 -76 et seq., and;
WHEREAS, the Department of Community and Economic Development has concluded
an investigation and prepared a report with information sufficient for the Common Council to
determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1-
12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared
maps and plats showing the boundaries and such other information regarding the area in question
as required by law; and
WHEREAS, the Community and Economic Development Committee of the Common
Council has reviewed said report and recommended to the Common Council that the area
qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana
Code 6- 1.1- 12.1 -4.5 et se ., that:
a. The estimate of the cost of the new manufacturing equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or whose
employment will be retained by the Petitioner can reasonably be expected to
result from the proposed installation of new manufacturing equipment;
C. That the estimate of the annual salaries of those individuals that will be employed
or whose employment will be retained by the Petitioner can be reasonably
expected to result from the proposed installation of new manufacturing
equipment;
d. Any other benefits about which information was requested are benefits that can be
reasonably expected to result from the proposed new manufacturing equipment;
and
e. The totality of benefits is sufficient to justify the deduction requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
manufacturing equipment can be reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property
Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner,
said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction
granted under Indiana Code 6- 1.1- 12.1 -4.5.
SECTION III. The Common Council hereby accepts the report and recommendation of the
Department of Community and Economic Development, and the Community and Economic
Development Committee's favorable recommendation, that the area herein described be
designated as an Economic Revitalization Area for purposes of personal property tax abatement
and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation is for personal property
tax abatement only and shall be limited to two (2) calendar years from the date of the adoption of
this Resolution by the Common Council.
SECTION V. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of five (5) years.
2
SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of
this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to
Indiana Code 5 -3 -1, said publication providing notice of the public hearing before the Common
Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
PRESENTED 0 - Lr-`-,d
NOT APPROVED
ADOPTED
Member of the Common Council
4 Y.,4R a 2,i 1
cl
���RCIlj 4i1 �!{I
Filed In Citark's Office
AUG 1 2 2008
JOHNI VOORDE
CITY CLERK, SO. BEND, IN.
1200 Cot ry -C rY B��u.��)sr, l� A �j� 11 I'r.oNr, 574 / 235 -9371
227\X7. IFFFFRSON BOCLLVARD i FAX 574/ 235 -9021
r+ PEAC E� YI
.. \ % w.
Six Tf{ BeNU, I`t).�NA 46601 -1430 r 2i TDP 574J 235 5>67
1 a
Q-11Y OF SOUTH BEND SFEPHFN J. LUFCICi:, MAYOR
(COMMUNITY & ECONOMIC DEVELOPMENT
JEFFREY V GIBNEY
August 1, 2008 EXFCU7'IVE DIRECTOR
Council Member Derek D. Dieter, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for:
MANN + HUMMEL USA, INC.
Dear Council Member Dieter:
Please find attached the Department of Community & Economic Development's report on a personal
property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition,
Statement of Benefits form, and supporting information. The project calls for the acquisition and
installation of machinery and equipment to be used for the manufacture of manifolds and air intake systems
for automobiles. The machinery and equipment will be located at 1827 North Bendix Drive.
The report contains the Department's findings relative to the above petition. The total cost for the
equipment is estimated at $2,000,000. The project meets the qualifications for a (5) five -year personal
property tax abatement and a representative from Mann + Hummel USA, Incorporated will be available to
meet with the Committee on Monday, August 25, 2008.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235 -5835.
Sincerely,
1
Bob Mathia
Assistant Director,
Economic Development
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Jeff Gibney
Don Inks
CONIN[UNrrt D1,WL0P'A1tN r ECo.ao.wc DEA- FLOPMEN r FINANCIAL & PROGRAM
71/23 -966 r�.7k,E_
F \: 77 +. "23i- 11,,97 5 7i/'3 -93-1
1200 CouNTV -Cn r Bi!LDL�,G
227W-JEFFERSON BOULEVARD
SOUTH BEND, INDL4.AA 46601 -1830
PHONE 574/ 235 -9371
F.ax 574/ 235 -9021
TDD 574/235-5567
01'17i' OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
TAX ABA TEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BOB MATHIA
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
MANN + HUMMEL USA, INC.
DATE: August 1, 2008
On July 31, 2008, a petition for personal property tax abatement consideration for property located at 1827
North Bendix Drive was filed with the City Clerk by Mann + Hummel USA, Incorporated. Pursuant to
Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was
referred to the Department of Community and Economic Development for purposes of investigation and
preparation of a report determining whether the area qualifies as an Economic Revitalization Area
pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met.
The Department of Community and Economic Development has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
Mann + Hummel USA, Inc. plans to install machinery and equipment costing approximately $2,000,000.
The machinery and equipment will be used to manufacture manifolds and air intake systems for General
Motors and Toyota. The Petitioner manufactures various products for the automotive industry. The
products are made of nylon and plastic and are manufactured using injection molding processes.
Total taxes to be abated during the (5) five -year abatement period are estimated at $18,329. Net new tax
revenue resulting from the project is estimated to total $122,922 over the Five year abatement term while
total takes to be paid during the (5) five -year abatement period are estimated at $585,294.
Coalmu.Nr,-y DEVELOrtilrvT ECONO: tic DEvuLoPmE.N i FINANCLU. & PROC2aNi
Pt,%!HA C. METER DONALD E. INKF NIACNAGEMUNT
5?+/235-9660 5'
Fax: _ 710235 -9(0' 574/235 -9371
South Bend Common Council
RE: Tax Abatement for Mann + Hummel USA, Inc.
August 1, 2008
Page 2
EMPLOYMENT IMPACT
Per the petition, it is estimated that the total project will create four (4) new, permanent, full -time jobs
within the first year representing a new annual payroll of $120,000. The project will retain one hundred
fifty -four (154) existing permanent, full -time jobs (of which 46 are minority employees) with an annual
payroll of $4,500,000.
2
ABATEMENT QUALIFICATION
A review of the tax abatements previously granted, finds that the petitioner has been granted or
associated with the following five (5) previous tax abatements:
Term /Type
5 year personal property
5 year personal property
5 year personal property
5 year personal property
5 year personal property
Resolution No.
Date
1882 -91
7/22/1991
2098 -93
9/13/1993
3005 -01
5/14/2001
3231 -03
8/25/2003
3523 -05
9/26/2005
The Building Commissioner has reviewed the petition and finds the property to be properly zoned
for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property is located in
the Airport Economic Development Area, which is a Tax Incremental Allocation Area; therefore,
the petition for personal property tax deduction must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible
Personal Property Tax Abatement.
5 YEAR
Mann + Hummel USA, Inc.
South Bend Portage Township Personal Property Tax Abatement Schedule*
Tax Key Number
Current Assessed Value:
Estimated Project Cost:
5- Aug -08
Gross Tax (tax rate x net assessed value)
Less Circuit Breaker Credit
Net Tax
Circuit Breaker Cap
Circuit Breaker
Debt Service
Circuit Braker Cap
112,123 112,123 121,758 126,576 128,641 128,641
(19,649) 0 (4,057) (8,261) (10,063) (10,063)
92,474 112,123 117,701 118,315 118,578 118,578
3.0000% 78,198 102,198 102,198 102,198 102,198 102,198
0.5477% 14,276 14,276 15,503 16,117 16,380 16,380
92,474 116,474 117,701 118,315 118,578 118,578
New Combined Net
Existing Project Existing & New Tax Tax
Year Taxes Taxes Taxes Abated Paid
1
92,474
40%
56%
42%
32%
24%
92,474
Current
100%
80%
60%
40%
20%
Assessed Value:
AV & Tax
Year 1
Year 2
Year 3
Year 4
Year 5
Current Assessed Value
100% 2,606,600
2,606,600
2,606,600
2,606,600
2,606,600
2,606,600
Base Assessed Value
118,578
800,000
1,120,000
840,000
640,000
480,000
Less Abatement Deduction
(800,000)
(896,000)
(504,000)
(256,000)
(96,000)
Net Assessed Value
2,606,600
2,606,600
2,830,600
2,942,600
2,990,600
2,990,600
Property Taxes:
Assume constant tax rate of
4.3015%
4.3015%
4.3015%
4.3015%
4.3015%
4.3015%
Gross Tax (tax rate x net assessed value)
Less Circuit Breaker Credit
Net Tax
Circuit Breaker Cap
Circuit Breaker
Debt Service
Circuit Braker Cap
112,123 112,123 121,758 126,576 128,641 128,641
(19,649) 0 (4,057) (8,261) (10,063) (10,063)
92,474 112,123 117,701 118,315 118,578 118,578
3.0000% 78,198 102,198 102,198 102,198 102,198 102,198
0.5477% 14,276 14,276 15,503 16,117 16,380 16,380
92,474 116,474 117,701 118,315 118,578 118,578
New Combined Net
Existing Project Existing & New Tax Tax
Year Taxes Taxes Taxes Abated Paid
1
92,474
28,382
120,856
8,733
112,123
2
92,474
30,134
122,609
4,907
117,701
3
92,474
28,601
121,075
2,760
118,315
4
92,474
27,505
119,980
1,402
118,578.
5
92,474
26,629
119,103
526
118,578
Totals
462,372
141,251
603,623
18,329
585,294
'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values
will ultimately be determined by the actual assessed valuation and the then current tax rates.
STATEMENT OF BENEFITS
PERSONAL PROPERTY
State Form 51764 (R / 1 -06)
Prescribed by the Department of Local Government Finance
Cl i �q a -a r
JUL 3 1
,iGi�.1 `100h0E
CITY CLERK, SO. BE N0, t'J.
FORM SB -1 ! PP
PRIVACY NOTICE
The cost and any specific individual's
salary information is confidential; the
balance of the filing is public record
per IC 6-1.1- 12.1.5.1 (c) and (d).
INSTRUCTIONS:
1• This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted
to the designating body BEFORE a person installs the new manufacturing equipment andlor research and development equipment, and /or logistical distribution
equipment andlor information technology equipment for which the person wishes to claim a deduction. "Projects "planned or committed to after July 1, 1987,
and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (iC 6 -1.1 -12.1)
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment
andlor research and development equipment andlor logistical distribution equipment andlor information technology equipment, BEFORE a deduction may
be approved
3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form
103 -ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the
assessment year in which new manufacturing equipment andlor research and development equipment andlor logistical distribution equipment andlor
information technology equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must
file the form between March 1 and the extended due date ofthatyear.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the
Statement of Benefits. (IC6 -1.1- 12.1 -5.6)
5. The schedules established under IC 6-1.1- 12.1- 4.5(d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2,
2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6 -1.1- 12.1 - 4.5(1] and (g))
• • •
Name of taxpayer
MANN +HUMMEL USA, INC.
Address of taxpayer (number and street, city, state, and ZIP code)
1827 N. BENDIX DR., SOUTH BEND, IN 46628
Name of contact person
Telephone number
CHRISTINA CARROLL
(269) 329 -3947
W�i ICON-
Name of designating body
Resolution number (s)
SOUTH BEND COMMON COUNCIL
Location of property
Counbj
DLGF taxing district number
SAME AS ABOVE
ST. JOSEPH
PORTAGE TOWNSHIP
Description of manufacturing equipment and /or research and development equipment
ESTIMATED
and /or logistical distribution equipment andlor information technology equipment.
START DATE
COMPLETION DATE
(use additional sheets if necessary)
Manufacturing Equipment
0110112008
12/31/2009
This project involves the installation of machinery &
equipment costing approximately $2.0 million.
R & D Equipment
Logist Dist Equipment
IT Equipment
3 ES71MATEOF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED
PROJECT
Current number Salaries Number retained Salaries
Number additional Salaries
154 4,500,000.00 154 4,500,000.00
4 1 120,000.00
ESTIMATED
NOTE: Pursuant to IC 6-1.1-12.1-5.1 d 2 the
(d) ()
TOTALICOSTAND
MANUFACTURING
EQUIPMENT
VALUE OF PROPOSED
R & D EQUIPMENT
.
LOGIST DIST IT EQUIPMENT
EQUIPMENT
COST
ASSESSED
COST
ASSESSED
COST
ASSESSED COST
ASSESSED
COST of the property is confidential.
VALUE
VALUE
VALUE
VALUE
Current values
14.80
Plus estimated values of proposed project
2.00
Less values of any property being replaced
Net estimated values upon completion of project
ts.so
Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds)
Other benefits:
hereby certify that the representations in this statement are true.
Signat'vp of Ni he z re ntati
b?i CC
Title
I
Date si red (month, day, year)
isv� 0 V\
c F0
i 28 &6o
v I/
We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards
adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, provides for the following limitations as
authorized under iC 6 -1.1- 12.1 -2.
A . The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires
is
B . The type of deduction that is allowed in the designated area is limited to:
1. Installation of new manufacturing equipment; ❑Yes [:]No
2. Installation of new research and development equipment; ❑Yes [:]No
3. Installation of new logistical distribution equipment. ❑Yes [:IN,
4. Installation of new information technology equipment; ❑Yes [:]N o
C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed value of
D. The amount of deduction applicable to new research and development equipment is limited to $ cost
with an assessed value of 5
E . The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an assessed value of
F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an assessed value of
$
G. Other limitations or conditions (specify)
H. The deduction for new manufacturing equipment and /or new research and development equipment and /or new logistical distribution equipment and /or
new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000, is allowed for:
[:]I year ❑6 years " For ERA's established prior to July 1, 2000, only a
❑2 years ❑7 years 5 or 10 year schedule may be deducted.
El years ❑8 years
❑ 4 years ❑ 9 years
❑ 5 years " ❑ 10 years "
Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have
determined that the totality of benefits is sufficient to justify the deduction described above.
Approved:•(signature and tiffe of authorzed member) I Telephone number Date signed (month, day, year)
Designated body
' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is
entitled to receive a deduction to a number of years designated under IC 6- 1.1- 12.1 -4.5
CITY OF SOUTH BEND PETITION FOR
TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of new manufacturing equipment, personal property,
located within the City of South Bend, hereby petitions the Common Council of the
City of South Bend for personal property (new manufacturing equipment) tax
abatement consideration and pursuant to I.C., 6 -1.1 -12.1, et seg., and South Bend
Municipal Code Section 2 -84.2, et seq., for this petition states the following:
1. Describe the proposed project, including information about the new
manufacturing equipment personal property (Aequipment @) to be installed, the
amount of land to be used, if any, the proposed use of the equipment, and a
general statement as to the value of the project to your business.
The project involves the installation of machinery and equipment costing
approximately $2.0 million The machinery and equipment will be used to
manufacture manifolds and air intake systems for General Motors and Toyota.
2. The project will create 4 new, permanent jobs within the first year,
representing a new annual payroll of $120,000 and will maintain 154
existing permanent full-time and 0 existing part -time jobs representing an
annual payroll of $ 4,500,000. The projected annual salaries for each new
position created are estimated to be as follows:
Hourly: Four (4) (&,14.33 per hour = $120,000
3. Estimate the total cost of the Equipment: $2,000,000
4. (a) The Equipment is owned or to be owned by the following individuals or
corporations (if the business organization is publicly= held, indicate also the
name of the corporate parent, if any, and the name under which the
corporation has filed with the Securities and Exchange Commission):
NAME ADDRESS
MANN +HUMMEL USA, INC
1827 N. BENDIX DR.
SOUTH BEND, IN 46628
(Revised 8 /2/02) 1
INTEREST
(b)The following other persons lease, intend to lease, or have an option to buy
this Equipment (include corporate information as required in (4)(a) above, if
applicable):
NAME ADDRESS INTEREST
N/A
5. Give a brief description of the overall nature of the business and of the
operations occurring at the location for which tax abatement is requested:
_ MANN +HUMMEL USA, INC manufacturers various products for the
automotive industry. The products are made of nylon and plastic and are
manufactured using injection molding processes.
6. The commonly known address of the property where the Equipment is to be
located is: 1827 N Bendix Dr., South Bend, IN 46628_
7. The Key Number of said property is: 18- 2184693802
8. Attach the legal description of the property where the equipment is to be
located, marked AExhibit A,@ and is hereby incorporated herein.
9. Attach a map and /or plat describing the property where the equipment is to be
located, marked AExhibit B,@ and is hereby incorporated herein.
10. Attach photographs of the property, taken within 30 days of filing of this
petition, marked AExhibit C,@ and hereby incorporated herein.
11. The current assessed valuation of the tangible personal property to be replaced
by the new manufacturing equipment is S N/A
(This information may be obtained from the St. Joseph County Assessors office 235 -9523)
12. The current use of the real property where the Equipment is to be installed is
Manufacturing and the current zoning is
E (use) and A (height and area).
(This information may be obtained from the Building Department 235 -9553)
(Revised 8/2/02) 2
13. List the real and personal property taxes paid at the location during the
previous five years, whether paid by the current owner or a previous owner:
YEAR
REAL PROPERTY TAXES
PERSONAL PROPERTY TAXES
2007
64,499 97
106,974.58
2006
66 937.56
188 279.60
2005
57,543.50
123,288.84
2004
56,776
123,288.84
2003
57,758
292,080
(This information may be obtained from the St. Joseph County Treasurers office 235 -9531)
14. Describe the commitment made within the past five years by your firm to hiring
minority individuals, including number of minorities employed during each of
the past five years, specifying whether full time or part -time and whether
permanent or temporary employees. The Petitioner shall also list the current
number of total employees (full and part -time) and the current number of
minority individuals (full and part- time).
MANN +HUIVLNIIEL USA, INC is an equal opportunity emplover. Minority
(full -time) employment has been: 2007 — 46, 2006 — 46, 2005 — 38, 2004 — 38,_
2003-42
15. Describe on -site child care or day care facilities, services or benefits currently
offered or proposed to be offered by the Petitioner for children of employees.
None currently offered or proposed
16. What is your best estimate of the market value of the new Equipment after
installation? $ 2.0 Million
17. What is your best estimate of the amount of tales to be abated during each of
the five years after installation? $47,900 year 1, $41,214 year 2, $23,183 year 3
$11,775 vear 4, $4,415 vear 5
18. What is the commitment your firm will make to minority employment during
the five years of tax abatement?
As evidenced in #14 above, MANN +HUI'T 'IEL USA, INC has made firm
commitment to minority employment in the past, and is dedicated to its
commitment to minoritv emplovment in the future.
19. The Equipment has not been installed as of the date of filing of this petition.
(The signature at the end of this Petition is verification of this statement)
(Revised 8/2/02) 3
20. The standard Industrial Classification Manual major group within which the
proposed project would be classified, by number and description:
SIC code 3089 plastic manufacturing
21. The Internal Revenue Service Code of Principal Business Activity by which the
proposed project would be classified, by number and description:
3070
22. The real property where the Equipment will be installed is located in the
following Allocation Area, if any, declared and confirmed by the South Bend
Redevelopment Commission:
Airport economic development area
23. Other anticipated public financing for the project including, if any, industrial
revenue - bonding to be sought or already authorized, assistance through the
United States Department of Housing and Urban Development funds from the
City of South Bend, Small Business Association Sections 503 and 504 financing
through the Business Development Corporation of South Bend, Mishawaka,
and St. Joseph County, Indiana; or other public financial assistance, including
but not limited to public works improvements.
Not applicable
24. Describe how and why the manufacturing equipment to be replaced or the
facility in which Equipment will be added is currently technologically,
economically or energy obsolete and how and why that obsolescence may lead to
a decline in employment and tax revenues:
Not applicable
25. The new manufacturing equipment will be used in the direct production,
manufacture, fabrication, assembly, extraction, mining, processing, refining, or
finishing of other tangible personal property and that the equipment was never
before used by its owner for any purpose in Indiana. The signature at the end
of this Petition is verification of this statement.
26. The following person(s) should be contacted as Petitioner =s agent regarding
additional information and public hearing notifications:
(Revised 8/2/02) 4
Name: Christina Carroll -Gose
Address: 6400 S Sprinkle Rd
City, State, Zip Code: Portage, MI 49002
Telephone: (269) 329 -3947
WHEREFORE, Petitioner requests that the Common Council of the City of South
Bend, Indiana, adopt a declaratory resolution designating the area described herein
to be an economic revitalization area for purposes of tangible personal property tax
abatement consideration, and after publication of notice and public hearing,
determine qualifications for an economic revitalization area have been met, and
confirm such resolution. Petitioner herein hereby verifies that the required $250.00
filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of
the Municipal Code of the City of South Bend has been paid in full.
Name of Property Owner(s):
By:
(Signed \a e)
_0 LA F Gdd�
(Typed or printed name and capacity of signor if signed
by an agent or representative of the owner)
CiD
1r. ts: i a
(Revised 8/2/02) 5
MANN +MEL
Exhibit A
k,t M1iNtV
MANN +HUMMEL AUTOMOTIVE, Inc.
1827 North Bendix Drive
South Bend, Indiana 46628
Telephone: (574) 232 -6911
Fax: (574) 289 -9435
A parcel of land being part of the Northeast Quarter of the Southeast
Quarter of Section 33. Township 38 North, Range 2 East, in the City of
South Bend, Portage Township, St. Joseph County, Indiana.
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RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND APPROVING A REQUEST FOR A SPECIAL EXCEPTION TO
CONSIDER THE DESIGNATION OF CERTAIN AREAS WITHIN THE CITY
OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA
FOR PURPOSES OF TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU LAC, AND
INNOVATION PARK AT NOTRE DAME, INC. (THE "PETITIONER")
WHEREAS, the Petitioner (both non - profit organizations) and the City of South Bend
have cooperated to (a) identify certain property located on the campus of University of Notre
Dame as a site for the proposed development of a technology park to be known as "Innovation
Park at Notre Dame" (the "Innovation Park"), and (b) complete and submit an application for
certification of the Innovation Park (as well as the Studebaker Industrial Park referenced below)
as a "Certified Technology Park" by the State of Indiana;
WHEREAS, it is anticipated that the Innovation Park will, after numerous phases, be
comprised of approximately 200,000 square feet of lab and office space and will pursue a
mission to "transform research into marketable enterprises ";
WHEREAS, the City of South Bend has also identified the Studebaker Industrial Park as
a satellite site for the facilities to accommodate business activity emerging from the
commercialization of research and innovations from the Innovation Park;
WHEREAS, petitions for real and personal property tax abatement (together, "Petitions ")
have been filed with the City Clerk for consideration by the Common Council of the City of
South Bend, Indiana (the "Common Council "), requesting that a site of approximately 12 -acres
(commonly known as Edison Road adjoining Twyckenham Drive extension on State Road 23),
and which is more particularly described as follows:
Parcel 1:
A Parcel of land in the Northwest Quarter of Section 6, Township 37 North, Range 3 East
of the Second Principal Meridian, St. Joseph County, Indiana, more particularly
described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence
South 00 °43'29" East (this and all subsequent bearings based on the Indiana State Plane
Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter
to the northwesterly line of a parcel of land conveyed to the State of Indiana for right -of-
way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as
Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana;
thence South 53 °08'24" West, 123.83 feet along said northwesterly line to the POINT OF
BEGINNING of this description; thence continuing along said line South 53 °08'24 "West
58.42 feet; thence South 50 °14'48" West, 250.32 feet along said line to the northwesterly
boundary of S.R. 23; thence South 52 °50'49" West, 338.01 feet along said boundary;
thence North 36 °50'07" West, 588.23 feet to the south line of a parcel of land designated
as parcel number 3 for relocated Edison Road and Twyckenham Drive extension on a
Right -of -Way plat recorded August 16, 2005 as Document Number 0537239 in said
Recorder's Office; thence along the southerly and westerly lines of said parcel number 3
the following 6 courses and distances:
1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00 feet and
subtended by a long chord bearing North 56 °00'19" East, a distance of 241.52 feet;
2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00 feet and
subtended by a long chord bearing North 66 °00'50" East, a distance of 583.86 feet;
3) South 58 °26'38" East, 68.74 feet;
4) South 00 °47'43" West, 10.96 feet;
5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet and
subtended by a long chord bearing South 07 °08'04" East, a distance of 264.89 feet;
6) South 15 °03'52" East, 139.03 feet to the point of beginning, and containing 9.446
acres more or less.
Parcel 2:
A Parcel of land partly in the Northwest Quarter and partly in the Northeast Quarter of
Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph
County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence
South 00 °43'29" East (this and all subsequent bearings based on the Indiana State Plane
Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter
to the northwesterly line of a parcel of land conveyed to the State of Indiana for right -of-
way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as
Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana;
thence South 53 °08'24" West, 5.36 feet along said northwesterly line to the easterly line
of a parcel of land designated as parcel number 3 for Twyckenham Drive extension and
relocated Edison Road on a Right -of -Way plat recorded August 16, 2005 as Document
Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of this
description; thence along the easterly and northerly lines of said parcel number 3 the
following 5 courses and distances:
1) North 15 °03'52" West, 80.12 feet;
2) North 09 °12'15" West, 142.01 feet;
3) North 00 °09'24 "'West, 106.80 feet;
4) North 21 ° 1T1 2" East, 64.63 feet;
5) North 89 °10'21" East, 182.11 feet to the west boundary of vacated Ivy Road; thence
South 00 °46'11" East, 250.94 feet along said vacated Ivy Road to the northerly corner of
the aforementioned parcel conveyed to the State of Indiana for right -of -way purposes;
thence South 31 °35'38" West, 27.44 feet along the northwesterly line of said parcel;
thence South 53 °08'24" West, 188.28 feet along the northwesterly line of said parcel to
the point of beginning, and containing 1.490 acres more or less,
and which is contained in two original parcels with tax key numbers 18 -5102 -3579 and 17 -1017-
0406 (the "Property "), be designated as an Economic Revitalization Area under the provisions of
Indiana Code sections 6- 1.1- 12.1 -1 et se ., and South Bend Municipal Code sections 2 -76 et
M.; and
WHEREAS, the proposed site, development and use of the Property as a Certified
Technology Park is unique and is not specifically contemplated in South Bend Municipal Code
sections 2 -76 et M. (the "Municipal Code ") as an area or use which is "pre- designated" for tax
abatement consideration using the general standards for tax abatement consideration under the
Municipal Code; and
WHEREAS, the Common Council has authority under Municipal Code Section 2 -84 et
se ., to declare any property within the City as an economic revitalization area, and
WHEREAS, Petitioner has requested that the Common Council grant a special exception
to consider designating the Property as an Economic Revitalization Area for purposes of real and
personal property tax abatement related to the development of the Innovation Park.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The Petitioner has presented testimonial and documentary evidence, including
without limitation, the Petitions which detail the proposed investment in and development of the
Innovation Park, together with estimates of benefits which are reasonably expected to result from
the Innovation Park.
SECTION II. Based on information presented, the Common Council hereby makes the
following findings in support of this resolution:
A. The Petitioner and the City of South Bend have cooperated to identify the
Innovation Park as the site for a technology park;
B. Applications have been filed by the City of South Bend for the Innovation Park,
together with the Studebaker Industrial Park, to be designated as sites comprising
a Certified Technology Park under Indiana law;
C. The Petitioner intends that the Innovation Park will be the site of office and
laboratory facilities which will be used to research, develop and commercialize
products and solutions based on intellectual property and other research;
D. The Studebaker Industrial Park is anticipated to serve as a satellite site for
facilities to accommodate business activity emerging from the commercialization
of research and innovations from the Innovation Park;
E. The Petitioner intends to construct the Innovation Park on approximately 12 -acres
of vacant property located near the campus of University of Notre Dame at
significant cost, and to compete for tenants who seek to locate to technology parks
to further research and development activities;
F. The construction of the Innovation Park is speculative in that Petitioner must
attract tenants with research and development expertise to locate within the
Innovation Park as opposed to other competing technology parks affiliated with
Universities within and outside of Indiana;
G. The Petitioner is committed to operating the Innovation Park in a manner that will
benefit the City of South Bend and surrounding areas through the anticipated
introduction and transfer of new technologies and systems to the private sector
and marketable enterprises;
H. The designation of the Innovation Park and Studebaker Industrial Park as
complimentary sites for the Certified Technology Park is intended to enable
emerging businesses to locate to and remain in the City of South Bend;
I. The products /marketable enterprises which result from operations at the
Innovation Park are anticipated to contribute to increased employment
opportunities available in the City and surrounding areas, thus leading to
improved employment opportunities for the local work force;
J. The property is located within the Northeast Neighborhood Development Area, an
area within the city that has been targeted by the Common Council for
consideration of tax abatement for redevelopment and rehabilitation;
K. The Petitioner anticipates that construction of the first building in the Innovation
Park could begin as early as fall, 2008, at significant cost as described in the
Petitions; and
L. The Petitioner is respectfully requesting a Special Exception under the City of
South Bend's Tax Abatement Ordinance, for the Common Council to consider
designating the Property as an economic revitalization area and approving real
and personal property tax abatements for the Innovation Park.
SECTION III. The foregoing facts, taken together, lead the Common Council to conclude that
compelling reasons exist to approve a Special Exception to permit further consideration of
designating the Property as an economic revitalization area for real and personal property tax
abatement consideration, all in accordance with Article 6, Division 9, Section 2 -84 of the South
Bend Municipal Ordinance and Indiana Code 6- 1.1- 12.1 -1 et se
A.
SECTION IV. The Common Council hereby approves the Special Exception, for the purpose of
permitting the Council to proceed with consideration of the Petition on its merits.
SECTION V. This Resolution shall be in full force and effect from and after its adoption by the
Common Council and approval by the Mayor.
m
Member of the Common Council �
�5 ce
PRESENTED 7-LS
NOT APPROVED
ADOPTED
O-D *� t� 0 � - ox---1 �
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC
REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR
REAL PROPERTY TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU LAC, AND
INNOVATION PARK AT NOTRE DAME, INC. (THE
"PETITIONER ")
WHEREAS, a petition for real property tax abatement has been filed with the City
Clerk for consideration by the Common Council of the City of South Bend, Indiana
requesting that the area within the City of South Bend, Indiana, and which is more
particularly described as follows:
"Parcel 1:
A Parcel of land in the Northwest Quarter of Section 6, Township 37 North,
Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00 °4329" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right -of -way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53 °08'24"
West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of
this description; thence continuing along said line South 53 °08'24" West 58.42
feet; thence South 50'14'48" West, 250.32 feet along said line to the
northwesterly boundary of S.R. 23; thence South 52 °50'49" West, 338.01 feet
along said boundary; thence North 36 °50'07" West, 588.23 feet to the south line
of a parcel of land designated as parcel number 3 for relocated Edison Road and
Twyckenham Drive extension on a Right -of -Way plat recorded August 16, 2005
as Document Number 0537239 in said Recorder's Office; thence along the
southerly and westerly lines of said parcel number 3 the following 6 courses and
distances:
1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00
feet and subtended by a long chord bearing North 56 °00'19" East, a distance of
241.52 feet;
2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00
feet and subtended by a long chord bearing North 66 °00'50" East, a distance of
583.86 feet;
3) South 58 °26'38" East, 68.74 feet;
4) South 00 °47'43" West, 10.96 feet;
5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet
and subtended by a long chord bearing South 07 °08'04" East, a distance of 264.89
feet;
6) South 15 °03'52 East, 139.03 feet to the point of beginning, and containing
9.446 acres more or less.
and
Parcel 2:
A Parcel of land partly in the Northwest Quarter and partly in the Northeast
Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00 °43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right -of -way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53 °08'24"
West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land
designated as parcel number 3 for Twyckenham Drive extension and relocated
Edison Road on a Right -of -Way plat recorded August 16, 2005 as Document
Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of
this description; thence along the easterly and northerly lines of said parcel
number 3 the following 5 courses and distances:
1) North 15 °03'52" West, 80.12 feet;
2) North 099 2' 15" West, 142.01 feet;
3) North 00 °09'24" West, 106.80 feet;
4) North 21 '1 Y 12" East, 64.63 feet;
5) North 89 °10'21" East, 182.11 feet to the west boundary of vacated Ivy Road;
thence South 00 °46'11" East, 250.94 feet along said vacated Ivy Road to the
northerly corner of the aforementioned parcel conveyed to the State of Indiana for
right -of -way purposes; thence South 31 °35'38" West, 27.44 feet along the
northwesterly line of said parcel; thence South 53 °08'24" West, 188.28 feet along
the northwesterly line of said parcel to the point of beginning, and containing
1.490 acres more or less,
and which has Key Numbers 17- 1017 -0406 and 18 -5102 -3579, be designated as an
Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et
and South Bend Municipal Code Sections 2 -76 et 5p q., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code § 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2 -76,
et M., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds that the Petition for
Real Property Tax Abatement and the Statement of Benefits form completed by the
Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets
the applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is
reasonable for projects of this nature;
C. That the estimate of the number of individuals who will be employed or
whose employment will be retained by the Petitioner and future tenants related to the
project can reasonably be expected to result from the proposed described redevelopment
or rehabilitation;
D. That the estimate of the annual salaries of those individuals who will be
employed or whose employment will be retained by the Petitioner and future tenants
related to the project can be reasonably expected to result from the proposed
redevelopment or rehabilitation;
E. That the other benefits about which information was requested are benefits
that can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of benefits is sufficient to justify the requested deduction,
all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed
described redevelopment or rehabilitation can be reasonably expected to yield benefits
identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real
Property Tax Abatement Consideration and the Memorandum of Agreement between the
Petitioner and the City of South Bend, and that the Statement of Benefits form completed
by the Petitioner, said form being prescribed by the State Board of Accounts, are
sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3, and the
Statement of Benefits is hereby approved.
SECTION IV. The Common Council hereby accepts the report and recommendation of
the Community and Economic Development Committee that the area herein described be
designated as an Economic Revitalization Area and hereby adopts a Resolution
designating this area as an Economic Revitalization Area for purposes of real property
tax abatement.
SECTION V. The designation as an Economic Revitalization Area shall be limited to ten
(10) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION VI. The Common Council hereby determines that the Petitioner is qualified
for and is granted property tax deductions for a period of ten (10) years.
SECTION VII. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Real Property Tax Abatement to be published
pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication
providing notice of the public hearing before the Common Council on the proposed
confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
Member of the Common Co cil
Council �,,.! :il on
PRESENTED �_ZS'. vS
;�C)T APPROVED
TDOPTED
Filed In VVW3 Mice
AUG 7_n, -2008
,IO'iN 110ORDE
CITY CLERK, So. GEND, IN.
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
PHONE 574 /235 -9371
FAx 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
.JEFFREY V. GIBNEY
August 12, 2008 EXECUTIVE DIRECTOR
Council Member Derek D. Dieter, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Personal Property Tax Abatement Petition for:
University of Notre Dame, Innovation Park at Notre Dame, Inc.
Dear Council Member Dieter:
Please find attached the Department of Community & Economic Development's report on a personal
property tax abatement petition for the above - referenced petitioner, the University of Notre Dame and
Innovation Park at Notre Dame, Incorporated. Also attached is a copy of the petition, Statement of Benefits
form, and supporting information. The project calls for the acquisition and installation of equipment for the
first building (Phase I) of the proposed Certified Technology Park to be located at Edison Road adjoining
Twyckenham Drive extension on State Road 23.
The total project includes the construction and equipping of an approximate 54,000 square foot building
that will be the first of up to three additional buildings intended to become the Certified Technology Park.
The mission of the park is to transform research into marketable enterprises. The park will accomplish this
by providing convenient access to necessary space, administrative services, and internet connectivity in
combination with the active engagement of expert technical support, professional business advice and
introduction to private risk capital. The first building will house the park's common areas as well as
provide initial space for client - tenants to begin work on promising projects and processes that can betaken
to market.
The report contains the Department's findings relative to the above petition. The total cost for the
equipment is estimated at no less than $500,000. The project meets the qualifications for a (5) five -year
personal property tax abatement and a representative from University of Notre Dame, Innovation Park At
Notre Dame, Inc. will be available to meet with the Committee on Monday, August 25, 2008.
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235 -5835.
Sincerely,
27 ,5�)
Bob Mathia
Assistant Director,
Economic Development
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235 -9660 574/235 -9371 ELIZABETH LEONARD
FAx: 574/235 -9697 574/235 -9371
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Jeff Gibney
Don Inks
1200 COUNTY -CITY BUILDING
227 W JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
PHONE 574/ 235 -9371
FAx 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BOB MATHIA
SUBJECT: PERSONAL PROPERTY TAX ABATEMENT PETITION FOR:
UNIVERSITY OF NOTRE DAME, INNOVATION PARK AT NOTRE DAME,
INC.
DATE: August 12, 2008
On August 11, 2008, a petition for personal property tax abatement consideration for property located at
Edison Road adjoining Twyckenham Drive extension on State Road 23 was filed with the City Clerk by
the University of Notre Dame in the name of Innovation Park at Notre Dame, Incorporated. Pursuant to
Chapter 2, Article 6, Section 2 -84.2 of the Municipal Code of the City of South Bend, this petition was
referred to the Department of Community and Economic Development for purposes of investigation and
preparation of a report determining whether the area qualifies as an Economic Revitalization Area
pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met.
The Department of Community and Economic Development has reviewed the petition (a copy of which is
attached), investigated the area, and makes the following report.
PROJECT SUMMARY
The University of Notre Dame and Innovation Park at Notre Dame, Inc. are proposing to establish a
Certified Technology Park. The park will include the construction of four buildings over several years on
an approximately 12 acre site, with construction to begin on the first building (constructed as Phase I) in
early fall, 2008. The Master Plan for the park anticipates three additional buildings to be phased in
between 2010 and 2018. The first building will be the main gathering area for the park and provide most
of the essential common areas including conference facilities and training resources. The building in
Phase I will comprise a facility of approximately 54,000 square feet on three levels. The reception area,
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
5741235 -9660 574/235 -9371 ELIZABETH LEONARD
FAX: 574/235 -9697 574/235 -9371
South Bend Common Council
RE: University Of Notre Dame, Innovation Park At Notre Dame, Inc.
August 12, 2008
Page 2
administration space and "Greenhouse" incubator facility (approximately 6,000 sq. ft.) will be on the first
level. The second and third levels will be designed as "build -to- suit" tenant areas for general office space
and dry or wet lab configurations. The building and equipment will be owned by the University and
!eased to the park.
The mission of the park is to transform research into marketable enterprises. The park will accomplish
this by providing convenient access to necessary space, administrative services, and internet connectivity
in combination with the active engagement of expert technical support, professional business advice and
introduction to private risk capital. At the same time, the park will not actively provide the means to
advance basic research off campus, or to seek to become a long -term landlord for start-up or other
commercial ventures on this site. Instead, the park will encourage the continuous development of its core
research/technology platforms and facilitate an accelerated exploration of potential commercial
applications, leading to the eventual transplantation of these enterprises into the park's extension at
Innovation Park At Notre Dame At Sample Street (i.e. Studebaker Corridor) and other areas.
The new equipment to be installed on the site has a total estimated cost of no less than $500,000. It
includes equipment to serve the park's tenant - clients in order to facilitate acceleration of their business
potential. It is anticipated the tenant - clients will also install equipment used in their individual ventures.
This equipment will include such items as specialized bench equipment for wet or dry lab applications.
Examples of this equipment may include optical microscopes, probe stations, gas chromatographs, mass
spectrometers, centrifuges, chemical hoods, vacuum pumps and similar equipment. This equipment is
essential to demonstrate proof of concept for a particular new product or process prior to the completion
of a business plan for normal market entry. All of this equipment will be housed in the facilities to be
built at the Innovation Park at Notre Dame. The petitioner has also submitted a separate tax abatement
petition for real property for the project.
Total taxes to be abated during the (5) five -year abatement period are estimated at $19,550. Total taxes to
be paid during the (5) five -year abatement period are estimated at $15,763.
EMPLOYMENT IMPACT
Per the petition, it is estimated that the project will directly create seventeen to twenty -three (17 - 23) new,
permanent, full -time jobs and one (1) part-time permanent job within the first year representing a new
annual payroll of approximately $1,150,000 to $1,450,000. The total possible gains in employment
resulting from firms created at the park cannot be estimated at this time. Because this is a new project no
existing jobs will be maintained.
South Bend Common Council
RE: University Of Notre Dame, Innovation Park At Notre Dame, Inc.
August 12, 2008
Page 3
ABATEMENT QUALIFICATION
1. A review of the tax abatements pre1viously granted finds that the petitioner has not been granted or
assn Vlated YVlth all,'
previous 1V uJ tUA al~JGL14111e11ts.
2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned
for the proposed project.
3. A review of the South Bend Redevelopment designation areas finds that the property is located in
the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area;
therefore, the petition for personal property tax deduction must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the
qualifications for a (5) five -year personal property tax abatement under section 2 -84.2, Tangible
Personal Property Tax Abatement.
5 YEAR
Innovation Park
South Bend Clay Township
Personal Property Tax Abatement Schedule*
Tax Key Number
Current Assessed Value:
Estimated Project Cost:
17- 1017 -0406
0
500,000
12- Aug -08
Gross Tax (tax rate x net assessed value)
Less Circuit Breaker Credit
Net Tax
Circuit Breaker Cap
Circuit Breaker
Debt Service
Circuit Braker Cap
0 0 2,401 3,601 4,116 4,116
0 0 0 0 0 0
0 0 2,401 3,601 4,116 4,116
3.0000% 0 6,000 6,000 6,000 6,000 6,000
0.5477% 0 0 307 460 526 526
0 6,000 6,307 6,460 6,526 6,526
New Combined Net
Existing Project Existing & New Tax Tax
Year Taxes Taxes Taxes Abated Paid
1
0
40%
56%
42%
32%
24%
0
Current
100%
80%
60%
40%
20%
Assessed Value:
AV & Tax
Year 1
Year 2
Year 3
Year 4
Year 5
Current Assessed Value
100% 0
0
0
0
0
0
Base Assessed Value
5,628
200,000
280,000
210,000
160,000
120,000
Less Abatement Deduction
(200,000)
(224,000)
(126,000)
(64,000)
(24,000)
Net Assessed Value
0
0
56,000
84,000
96,000
96,000
Property Taxes:
Assume constant tax rate of
4.2871%
4.2871%
4.2871%
4.2871%
4.2871%
4.2871%
Gross Tax (tax rate x net assessed value)
Less Circuit Breaker Credit
Net Tax
Circuit Breaker Cap
Circuit Breaker
Debt Service
Circuit Braker Cap
0 0 2,401 3,601 4,116 4,116
0 0 0 0 0 0
0 0 2,401 3,601 4,116 4,116
3.0000% 0 6,000 6,000 6,000 6,000 6,000
0.5477% 0 0 307 460 526 526
0 6,000 6,307 6,460 6,526 6,526
New Combined Net
Existing Project Existing & New Tax Tax
Year Taxes Taxes Taxes Abated Paid
1
0
7,095
7,095
7,095
0
2
0
7,534
7,534
5,133
2,401
3
0
7,150
7,150
3,549
3,601
4
0
6,876
6,876
2,744
4,133
5
0
6,657
6,657
1,029
5,628
Totals
0
35,313
35,313
19,550
15,763
*This schedule is for estimation purposes only and assumes constant tax rates. The true tax values
will ultimately be determined by the actual assessed valuation and the then current tax rates.
CITY OF SOUTH BEND PETITION FOR
TANGIBLE PERSONAL PROPERTY TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of new manufacturing equipment, personal property, located
within the City of South Bend, hereby petitions the Common Council of the City of South
Bend for personal property (new manufacturing equipment) tax abatement consideration and
pursuant to I.C. 6- 1.1 -12. 1 -1 et seq., and South Bend Municipal Code Section 2 -84.2 et seq.,
for this petition states the following:
Unless otherwise noted herein, the responses to the following questions pertain only to Phase I
of the proposed project. Reference should be made to Form SB -1/PP Statement of Benefits for
the proposed project for a description of Phase II, Phase III and Phase IV of the proposed
project.
1. Describe the proposed project, including information about the new manufacturing equipment
personal property ( "equipment ") to be installed, the amount of land to be used, if any, the
proposed use of the equipment, and a general statement as to the value of the project to your
business.
The proposed project is anew technology park to be known as the "Innovation Park
at Notre Dame" ( "IP @ND') and will include the construction of four buildings on an
approximately 12 acre site, with construction to begin on the first building (Phase 1)
in the early fall 2008 and be completed within 12 to 24 months. The Master Plan for
the project anticipates three additional buildings to be phased in between 2010 and
2018. The future phases are expected to include a free- standing addition to the first
building (Phase II) followed by two additional separate buildings (Phases 111 and IV)
on the main site. A further facility may also be added on the approximately two -acre
portion on the east side of Twyckenham Drive.
The first building (Phase I) will be the main gathering area for the entire park, and
provide most of the essential common areas, conference facilities and training
resources. Phase I will comprise a facility of approximately 54,000 sq ft on three
levels, with the reception area, administration space and "Greenhouse" incubator
facility (approximately 6,000 sq ft) on the first level. The second and third levels will
be designed as `build -to -suit' tenant areas for general office space and dry or wet
lab configurations.
The IP @ND plans to install equipment to serve its tenant - clients in orderto facilitate
acceleration of their business potential. It is anticipated that the tenant - clients will
also install equipment used in their individual ventures. This equipment will include
not only general office furniture (e.g., desks, chairs, tables, conference room
furniture, etc.), but may also include in certain cases specialized bench equipment
for dry or wet lab applications. Examples of this equipment may include optical
microscopes, probe stations, gas chromatographs, mass spectrometers,
centrifuges, chemical hoods, vacuum pumps, -80 degree freezers, testing
chambers, autoclaves and similar. This equipment is essential to demonstrate proof
of concept for a particular new product or process prior to the completion of a
business plan for formal market entry. All of this equipment will be housed in the
facilities to be built at the Innovation Park at Notre Dame.
2. The project is expected to create 17 to 23 full time and I part-time permanent jobs within the
first year, representing a new annual payroll of at least $1.15 million to $1.45 million and will
maintain N/A existing permanent full -time and N/A existing part-time job with an annual
payroll of $ N/A . At present, Innovation Park at Notre Dame, Inc. has no employees.
The projected annual salaries for each new position indicated above can be
described as follows:
Park Administration (CEO, 2 Engagement Directors, Marketing Manager, Facilities
Manager and Sr. Administrative Assistant) $550,000
4 to 6 tenant companies with an average of 3 employees each ($150,000 total
salaries per company) $600,000 to $900,000
Total Salaries $1,150,000 to $1,450,000
3. Estimate the cost of the Equipment: The investment in equipment is contingent upon
the specific needs of the tenant - client companies. At this time, the best estimate of the
total cost of the equipment is no less than $500,000.
4. (a) The Equipment is owned or to be owned by the following individuals or corporations (if the
business organization is publicly -held, indicate also the name of the corporate parent,
if any, and the name under which the corporation has filed with the Securities and
Exchange Commission):
NAME
University of Notre Dame du Lac
Innovation Park at Notre Dame, Inc.
Tenants of Innovation Park at Notre
Dame, Inc.
ADDRESS
203 Main Building
Notre Dame, IN 46556
203 Main Building
Notre Dame, IN 46556
203 Main Building
Notre Dame, IN 46556
INTEREST
to be determined
to be determined
to be determined
(b) The following other persons lease, intend to lease, or have an option to buy this
equipment (include corporate information as required in (4)(a) above, if applicable):
NAME ADDRESS INTEREST
N/A
5. Give a brief description of the overall nature of the business and of the operations occurring at
the location for which tax abatement is requested:
P
The IP @ND will encourage the initiation and growth of world -class research activity
on the campus of the University of Notre Dame, and in collaboration with other
universities and colleges. The 1P @ND will act as abase for the technology platform
development in addressing basic human needs, such as water, nutrition, clean air,
health, shelter, education, communications, transportation, energy and the
environment. In doing so, the IP @ND will foster and facilitate the accelerated
exploration and development of the commercial applications of these technology
platforms through technology transfer, joint ventures, start -ups, and other avenues
with large and small innovation -based businesses located in Michiana, across the
U.S., and around the world.
Succinctly stated, the mission of the Innovation Park at Notre Dame is, therefore, to
transform research into marketable enterprises. The IP @ND will accomplish this
mission by providing convenient access to necessary space, administrative services
and Internet connectivity in combination with the active engagement of expert technical
support, professional business advice and introduction to private risk capital. Key
outcomes will include the translation of intellectual property into viable products and
services, as well as enhanced research /technology development opportunities and
uniquely valuable educational experiences for faculty and students. At the same time,
the IP @ND will not actively provide the means to advance basic research off campus,
or to seek to become a long -term landlord for start-up or other commercial ventures on
this site. Instead, the IP @ND will encourage the continuous development of its core
research /technology platforms and facilitate an accelerated exploration of potential
commercial applications, leading to the eventual transplantation of these enterprises
into Michiana for market scale -up.
6. The commonly known address of the property where the Equipment is located is:
No common address is currently available. The property is located on an approximately
12 -acre site with Edison Road on the northern boundary, State Road 23 -South Bend
Avenue on the southern boundary, and Twyckenham Drive running through the
property as shown on Exhibit A and Exhibit B hereto.
7. The Key Number of said property is: 17- 1017 -0406; 18 -5102 -3579
8. Attached is the legal description of the property where the equipment is to be located, marked
"Exhibit A," and is hereby incorporated herein.
9. Attached are a map and/or plat describing the property where the equipment is to be located,
marked "Exhibit A" (the Plat) and "Exhibit B" (the Map), and are hereby incorporated herein.
Please see Exhibit `B" attached hereto and made a part hereof.
10. Attached are photographs of the property, taken within 30 days of filing of this petition, marked
"Exhibit C," and are hereby incorporated herein.
3
11. The current assessed valuation of the tangible personal property to be replaced by the new
manufacturing equipment: No property is being replaced.
12. The current use of the real property where the Equipment will be installed is vacant land, and the
current zoning is U- University (use).
(This information may be obtained from the Building Department 235- 9553.)
13. List the real and personal property taxes paid at the location during the previous five years,
whether paid by the current owner or a previous owner:
Real Property Taxes (No personal property has been located on the site)
Parcel Number Year
Tax Amount
018 -5102 -3579 2007
$
3,609
2006
3,677
2005
3,494
2004
3,554
2003
3,345
Total - 5 Years
$
17,679
017 -1017 -0406 2007
$
0
2006
0
2005
0
2004
0
2003
0
Total - 5 Years
$
0
(this information may be obtained from the St. Joseph County Treasurers office 235 -9531)
All taxes paid by the University of Notre Dame; both properties owned by the University of
Notre Dame for entire 5 -year period. Property taxes for 2008 not yet available.
14. Describe the commitment made within the past five years by your firm to hiring minority
individuals, including number of minorities employed during each of the past five years,
specifying whether full time or part-time and whether permanent of temporary employees. The
Petitioner shall also list the current number of total employees (full and part-time) and the current
number of minority individuals (full and part- time). See chart attached as Exhibit D for
University of Notre Dame.
15. Describe on -site child care of day care facilities, services or benefits currently offered or
proposed to be offered by the Petitioner for children of employees. ECDC - Early Childhood
Development Center, On -site day care facility for children. The Early Childhood
Development Center, Inc. (ECDC), founded in 1971, is a nonprofit program accredited
by the National Association for the Education of Young Children (NAEYC) and licensed
4
by the Indiana Bureau of Child Development. ECDC operates two programs, one on the
campus of Saint Mary's College and the other on the campus of the University of Notre
Dame. Both sites are governed by one Board of Directors and operate with the same
educational philosophy, curriculum, parent involvement, college student involvement
and enrichment opportunities. ECDC is partially funded by Saint Mary's College and the
University of Notre Dame to serve their communities.
ECDC serves as an early childhood leader, administering grants and facilitating
activities in our community which support early childhood quality and training initiatives.
The ECDC program seeks to enhance the growth and development of the whole child
through a developmentally appropriate curriculum. The curriculum equally fosters
cognitive, social, emotional, physical and creative growth through experience- based,
hands -on learning activities and play. A central goal is the promotion of each child's self
confidence and love of learning. Learning experiences with peers and teachers
encourage the development of the 4R's: respect, responsibility, resourcefulness and
responsiveness. The ECDC program believes that the 4R's are the foundation blocks
for democratic living. ECDC provides a positive and nurturing environment within which
young children thrive. ECDC views itself as an extension of each child's family. As
such, ECDC works to develop a genuine partnership with parents. ECDC teachers and
staff recognize and celebrate the diversity of its children and families. ECDC is
committed to establishing an anti -bias curriculum that supports our multicultural
community. ECDC welcomes students of any race, color, religion, genderand national
or ethnic origin.
16. What is your best estimate of the market value of the new Equipment after installation?
The best estimate of the market value of the new Equipment after installation is no
less than $500,000. However, a great deal of this equipment is dedicated for
specialized applications, which are likely to limit its resale value immediately after
installation.
17. What is your best estimate of the amount of taxes to be abated during each of the five years after
installation? (Estimate based on $500,000 investment and 3% tax rate).
Year Estimated Dollar Amount
1 $
6.000
2 $
6,720
3 $
3,780
4 $
1,920
5 $
720
18. What is the commitment your firm will make to minority employment during the five years of
tax abatement? See information at Exhibit E hereto.
19. The Equipment has not been installed as of the date of filing of this petition. The signature at the
end of this Petition is verification of this statement.
20. The Standard Industrial Classification Manual major group within which the proposed project
would be classified, by number and description:
SIC 8733 Noncommercial Research Organizations
21. NAICS 541712 Engineering Research and Development Laboratories or Services
22. The Internal Revenue Service Code of Principal Business Activity by which the proposed project
would be classified, by number and description:
23.541700 Scientific Research and Development Services
24. The real property where the Equipment will be installed is located in the following Allocation
Area, if any, declared and confirmed by the South Bend Redevelopment Commission:
Northeast Neighborhood Development Area, Allocation Area No. 1.
25. Other anticipated public financing for the project including, if any, industrial revenue - bonding to
be sought or already authorized, assistance through the United States Department of Housing and
Urban Development funds from the City of South Bend, Small Business Association Sections
503 and 504 financing through the Business Development Corporation of South Bend,
Mishawaka, and the St. Joseph County, Indiana; or other public financial assistance, including
but not limited to public works improvements.
The City of South Bend has incurred the costs of extension of municipal utilities to
the project site. The University of Notre Dame may fund a portion of the project
through a 501(c)(3) bond financing issued through St. Joseph County, Indiana,
however, the University has the sole responsibility for the payment of the debt
service on such bonds and no tax revenues are pledged to the payment of such
bonds.
26. Describe how and why the manufacturing equipment to be replaced or the facility in which
Equipment will be added is currently technologically, economically or energy obsolete and how
and why that obsolescence may lead to a decline in employment and tax revenues: N/A
27. The new manufacturing equipment will be used in the direct production, manufacture,
fabrication, assembly, extraction, mining, processing, refining, or finishing of other tangible
personal property or is research and development or information technology equipment and that
the equipment was never before used by its owner for any purpose in Indiana. The signature at
the end of this Petition is verification of this statement.
28. The following person(s) should be contacted as Petitioner's agent regarding additional
information and public hearing notifications:
Name: Philip J. Faccenda, Jr.
Address: Barnes & Thornburg LLP
100 North Michigan, Suite 600
2
City, State, Zip Code: South Bend, IN 46601
Telephone: 574 -233 -1171
WHEREFORE, Petitioner requests that the Common Council of the City of South Bend,
Indiana, adopt a declaratory resolution designating the area described herein to be an economic
revitalization area for purposes of tangible personal property tax abatement consideration, and after
publication of notice and public hearing, determine qualifications for an economic revitalization area
have been met, and confirm such resolution. Petitioner herein hereby verifies that the required
$250.00 filing fee to cover processing and administrative costs pursuant to Section 2 -84.7 of the
Municipal Code of the City of South Bend has been paid in full.
Name of Applicant(s):
Innovation Park at Notre Dame, Inc., for itself and on
behalf of its future tenants
By:
John A. Sejdin r
University of Notre Dame du Lac
By:
Gam. -"�L
John A. Sejdina', ice Preside or Finance
(Typed or printed name and capacity of signor if signed
by an agent or representative of the owner.)
Fred In Cler'k's 0 ";ce
AUG 1 A S 2008
-CU?N V0 R6EQ, IN.
CTV Cl.E4�K,
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY AND PLAT
PLAT OF SURVEY
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PREPARED FOR:
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PREPARED FOR:
UNIVERSITY OF NOTRE DAME msa- else -so !` ^� 8 129FL 1
EXHIBIT "B"
MAP OF PROPERTY
(PLEASE SEE ATTACHED)
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EXHIBIT "C"
PHOTOGRAPHS
(PLEASE SEE ATTACHED)
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EXHIBIT "D"
MINORITY HIRING INFORMATION
(PLEASE SEE ATTACHED)
2008(8/4)
2007 (11/6) *
2006 (1116) *
2005 (10130)
*
2004 (10131)
Full-
time
Part-
time
Full-
time
Part-
time
Full-
time
Part-
time
Full-
time
Part-
time
Full-
time
Part-
time
Black
256
18
257
17
265
18
269
21
261
25
Hispanic
124
5 1
125
8
111
10
116
10
115
7
Asian
119
17
116
17
109
18
114
18
109
19
Indian
12
1
9
1
7
1
6
6
1
Other
Total
511
41
507
43
492
47
505
49
431
52
Grand Total
552
550
539
554
543
' From University Metrics Staff
Counts
2008(8/4)
2007 (11/6) *
2006 (11/6) *
2005 (10/30)
*
2004 (10/31)
Non - Minority & Minority combined
Full-
time
Part-
time
Full-
time
Part-
time
Full-
time
Part-
time
Full-
time
Part-
time
Full-
time
Part-
time
Total Staff & Admin Counts
3,165
230
3,141
212
3,124
206
3,119
211
3,073
230
Grand Total
3,395
1
1 3,353
3,330
3,330
3,303
EXHIBIT "E"
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
Equal Employment Opportunity /
Affirmative Action
Last Updated 12/05
Applies to Administrators, Faculty, Staff, and Students
Related Policies:
Recruitment, Selection, and Hiring
• Promotion and Transfer
• Summer Employment
Policy
The University of Notre Dame is dedicated to equal employment opportunity and to the
implementation of positive programs designed to ensure the prevention of any discriminatory
practices, either intentional or inadvertent, with respect to race, color, national or ethnic origin,
disability, veteran status, age or sex. The University is totally committed to full compliance with
the letter and spirit of the Civil Rights Act of 1964, as amended; Executive Order 11246, as
amended; the Americans With Disabilities Act of 1990; the Vietnam Era Veterans Readjustment
Assistance Act of 1972; the Rehabilitation Act of 1973; and all other federal and state laws
concerning equal opportunities.
It is the policy of the University of Notre Dame to:
• Recruit, hire, train, and promote persons in all job titles without regard to race, color,
national or ethnic origin, disability, veteran status, age or sex, except where sex is a bona
fide occupational qualification.
• Base decisions on employment so as to further the principle of equal employment
opportunity.
• Ensure that promotion decisions are in accord with principles of equal employment
opportunity by imposing only valid requirements for promotional opportunities.
• Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return
from layoff, University sponsored training, social and recreational programs, education,
and tuition assistance will be administered without regard to race, color, national or
ethnic origin, disability, veteran status, age or sex.
Procedures
Dissemination of Policy Statement
To ensure that its message is heard, understood and acted upon throughout the University
community, the Equal Opportunity /Affirmative Action Policy Statement is disseminated in the
following ways:
• Through the Officers of the University, who are responsible for monitoring all hiring
within their areas.
• Through representative University committees, such as the Campus Administrators
Advisory Group, the Human Resources Advisory Group, the Staff Advisory Council, the
Staff Affirmative Action Committee, and others.
• Through incorporation into Supervisory Training Series instruction.
• Through inclusion in employee orientation meetings.
• Through incorporation into the Staff Guidebook, this Human Resources Policy Manual,
and any future manuals developed to transmit University policy and practice.
• Through posting on department bulletin boards.
Dissemination of the Equal Opportunity /Affirmative Action Policy Statement
outside of the University is accomplished through the following means
• Incorporation of the equal opportunity clause in all purchase orders, leases, contracts, etc.
covered by Executive Order 11246, as amended, and its implementing regulations.
• Inclusion of the equal opportunity clause in recruiting materials published by the
University, and in advertisements placed in newspapers and magazines.
• Inclusion of the Equal Opportunity /Affirmative Action Policy Statement within the
University's Internet Home Page.
• Inclusion of minority and non - minority men and women in photographic materials used
to advertise the University.
Responsibility for Implementation
While guided by consultation with the Officers of the University, University President (Rev.)
John Jenkins, C.S.C., has the ultimate responsibility for ensuring that equal employment
opportunity and affirmative action receive the high level of priority that is due this activity.
The Director of the Office of Institutional Equity, Jannifer Crittendon, is the Equal Employment
Opportunity Officer for the University and is responsible for the following:
• Developing policy statements, affirmative action programs, and internal and external
communication techniques.
• Assisting in the identification of problem areas.
• Assisting deans, directors, department heads and other managers in arriving at solutions.
Designing and implementing auditing and reporting systems that will measure the
effectiveness of programs and determine the degree to which objectives have been
attained.
Informing the President and other appropriate officers regarding the effectiveness of plan
implementation.
• Creating and continuing liaisons between the University and minority organizations,
women's organizations, and community action groups concerned with employment
opportunities for minorities and women.
The University's philosophy and policy on equal employment opportunity and affirmative action
are set out in this EEO and Affirmative Action policy.
SBDS02 PFACCENDA 3779020
� ;,.� •�
�• RAT•
a' STATEMENT OF BENEFITS
xi
l= PERSONAL PROPERTY
State Form 51764 (R / 1 -06)
•� Prescribed by the Department of Local Government Finance
F
FORM S13-1 If PP
PRIVACY NOTICE
The cost and any specific individual's
salary information is confidential; the
balance of the filing is public record
per IC 6 -1.1- 12.1 -5.1 (c) and (d).
INSTRUCT IONS:
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted
to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment, and/or logistical distribution
equipment and /or information technology equipment for which the person wishes to claim a deduction. "Projects" planned or committed to after July 1, 1987,
and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1)
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to installation of the new manufacturing equipment
and /or research and development equipment and /or logistical distribution equipment and /or information technology equipment, BEFORE a deduction may
be approved.
3. To obtain a deduction, a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103 -
ERA) with the township assessor of the township where the property is situated. The 103 -ERA must be filed between March 1 and May 15 of the assessment
year in which new manufacturing equipment and /or research and development equipment and /or logistical distribution equipment and /or information technology
equipment is installed and fully functional, unless a filing extension has been obtained. A person who obtains a filing extension must file the form between
March 1 and the extended due date of that year.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 / PP annually to show compliance with the Statement
of Benefits. (iC 6- 1.1- 12.1 -5.6)
5. The schedules established under IC 6 -1.1- 12.1 -4.5 (d) and (e) apply to equipment installed after March 1, 2001. For equipment installed prior to March 2,
2001, the schedules and statutes in effect at the time shall continue to apply. (IC 6 -1.1- 12.1 -4.5 (I) and (g))
SECTION •• •
Name of taxpayer
UNIVERSITY OF NOTRE DAME DU LAC, INNOVATION PARK AT NOTRE DAME, INC., AND FUTURE TENANTS
Address of taxpayer (number and street, city, state and ZIP code)
C/O PHILIP J. FACCENDA, BARNES & THORNBURG LLP, 100 N. MICHIGAN ST., STE. 600, SOUTH BEND, IN 46601
Name of contact person
Telephone number
PHILIP J. FACCENDA
(574) 233 -1171
SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT
Name of designating body
Resolution number(s)
COMMON COUNCIL OF THE CITY OF SOUTH BEND
Location of property
County
DLGF taxing district number
EDISON RD., ADJOINING TWYCKENHAM DRIVE EXTENSION ON SR 23
ST. JOSEPH
71026
Description of manufacturing equipment and /or research and development equipment
ESTIMATED
and /or logistical distribution equipment and /or information technology equipment
Start Date
Completion Date
(use additional sheets if necessary)
Manufacturing Equipment
N/A
N/A
SEE EXHIBIT A FOR DESCRIPTION OF RESEARCH AND DEVELOPMENT
EQUIPMENT AND INFORMATION TECHNOLOGY EQUIPMENT CONTEMPLATED
R & D Equipment
SEE EX. A
SEE EX. A
BY PHASES I -IV OF INNOVATION PARK AT NOTRE DAME
Logist Dist Equipment
WA
N/A
IT Equipment
SEE EX. A
SEE EX. A
SECTION 3 ESTIMATE
OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Current number Salaries
Number retained Salaries Number additional
Salaries
ZERO (0) ZERO (0)
NOT APPLICABLE NOT APPLICABLE SEE EXHIBIT A
I
SEE EXHIBIT A
SECTION 4
ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT
NOTE: Pursuant to IC 6- 1.1- 12.1- 5.1(d)(2) the
COST of the property is confidential.
MANUFACTURING R & D EQUIPMENT LOGIST DIST
EQUIPMENT EQUIPMENT
IT EQUIPMENT
Cost
Assessed
Value
Cost
Assessed
Value
C ost
Assessed
Value
Cost
Assessed
Value
Current values
N/A
N/A
ZERO (0)
ZERO (0)
WA
N/A
ZERO (0)
ZERO (0)
Plus estimated values of proposed project
N/A
/A
SEE EX. A
SEE EX. A
INIA
NIA
SEE EX. A
SEE EX. A
Less values of any property being replaced
N/A
N/A
N/A
N /A,.
N/A
NIA
N/A
N/A
Net estimated values upon completion of project
N/A
N/A
EE EX. A
EE EX. A
N/A
NIA
SEE EX. A
SEE EX. A
SECTION •
OTHER BENEFITS PROMISED
Estimated solid waste converted (pounds) NOT APPLICABLE
Estimated hazardous waste converted (pounds) NOT
APPLICABLE
Other Benefits:
SECTION CERTIFICATION
--rrer-e—by
certify that the representations in this statement are true.
Signature ut orized representative
Title Date
signed (month, day, year)
John A. Sejdinaj
Vice President for Finance August
8, 2008
We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the
general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1- 12.1 -2.5, pro-
vides for the following limitations as authorized under IC 6 -1.1- 12.1 -2.
A. The designated area has been limited to a period of time not to exceed calendar years* (see below). The date this
designation expires is
B. The type of deduction that is allowed in the designated area is limited to:
1. Installation of new manufacturing equipment; ❑ Yes ❑ No
2. Installation of new research and development equipment; ❑ Yes ❑ No
3. Installation of new logistical distribution equipment. ❑ Yes ❑ No
4. Installation of new information technology equipment; ❑ Yes ❑ No
C. The amount of deduction applicable to new manufacturing equipment is limited to $ cost with an assessed
value of $
D. The amount of deduction applicable to new research and development equipment is limited to $ cost with
an assessed value of $
E. The amount of deduction applicable to new logistical distribution equipment is limited to $ cost with an
assessed value of $
F. The amount of deduction applicable to new information technology equipment is limited to $ cost with an
assessed value of $
G. Other limitations or conditions (specify)
H. The deduction for new manufacturing equipment and /or new research and development equipment and /or new logistical distribution
equipment and /or new information technology equipment installed and first claimed eligible for deduction on or after July 1, 2000 is
allowed
for:
❑ 1 year ❑ 6 years *" For ERA's established prior to July 1, 2000, only a
❑ 2 years ❑ 7 years 5 or 10 year schedule may be deducted.
❑ 3 years ❑ 8 years
❑ 4 years ❑ 9 years
❑ 5 years ** ❑ 10 years **
Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable
and have determined that the totality of benefits is sufficient to justify the deduction described above.
Approved: (signature and title of authorized member)
Telephone number
Date signed (month, day, year)
Attested by:
Designated body
* If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of
time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.1- 12.1 -4.5.
1 R.
Ifni n4�` tt'� CIEs "( f 01 ';C8
Aug ug > > 200
3
J04, 14 VOORDE
CITY CI.Eft.(, SO. BREMD, IN.
SBDS02 TDH 3779240
EXHIBIT A
ATTACHMENT TO FORM SB -1 STATEMENT OF BENEFITS
REAL PROPERTY IMPROVEMENTS AND PERSONAL PROPERTY
INNOVATION PARK AT NOTRE DAME
Innovation Park at Notre Dame ( "IP @ND "), in collaboration with the University of Notre
Dame and the City of South Bend, will build and operate incubator facilities to house tenants and
assist them with research and commercial development of new technology -based products and
services. IP @ND will be located on a 12 -acre undeveloped site immediately southeast of the
University of Notre Dame campus, bordering Edison Road, South Bend Ave. (State Road 23)
and the new northern extension of Twyckenham Ave.
Phase I of the development will begin in the early fall of 2008 with the construction of a
facility of approximately 54,000 square feet on three levels, with a reception area, administration
space and incubator facility of approximately 6,000 square feet on the first level. The second
and third levels will be designed as build -to -suit tenant areas for general office space and dry or
wet lab configurations. The expected cost of developing Phase I has been estimated to be in the
range of $10 -15 million.
The plan calls for many of the technology park services to be provided by separately
funded offices and programs, thus permitting IP @ND to be operated by one executive officer
and a small support staff. The entity that will operate Innovation Park at Notre Dame will be
organized as a non - profit Indiana corporation and will seek exempt status under section
501(c)(3) of the Internal Revenue Code. The facilities housing IP @ND will be owned by the
University of Notre Dame and will be leased to IP @ND.
Tenants in the park are expected to include:
• Start-up companies based on intellectual property or technology platforms emerging from
Notre Dame, or in collaboration with another university or college in the region.
• Start-up companies recruited from other parts of the US or from other countries seeking
to harness the intellectual property or a technology platform at Notre Dame.
Page 1 of 23
• Liaison offices and/or collaborative laboratory space for separately- funded larger
businesses that have, or wish to have, an ongoing research/technology development
relationship with the University of Notre Dame, and its faculty and students.
• Conceptual development ventures emerging from a University technology platform
pursuing proof of concept prior to company formation and market entry.
• "Surge" space for University research awaiting dedicated campus facilities, or cross -
institutional endeavors with other organizations, e.g., IUSB, Purdue, industry, etc.
IP @ND expects ultimately to cover its lease and operating costs by charging tenants fees
for space and services provided to them. IP @ND reflects the University's long- standing
tradition of service to others, consistent with Fr. Sorin's vision of the University as the:
.... "greatest source for doing good." This vision also reflects the University's position as both a
developing research university and a Catholic university. IP @ND intends to focus on what it
can do well, by harnessing all of the resources available to it and by enlisting capable supporters
and services to make it work. This Vision will be pursued through collaborative activities
undertaken by and through a non - profit corporation formed for this purpose to support its
faculty, students, alumni and others to create constructive links with established enterprises and
to accelerate and /or create viable start-up ventures arising from its research and intellectual
property for eventual accelerated development in Michiana.
University -based research parks typically exist to achieve one or more of the following
outcomes: 1) to advance basic research; 2) to advance technology platforms from basic
platforms; or 3) to develop products and services for commercial sale.
Page 2 of 23
Innovation Park Focus
IP @ND
ctivitie
Universities Anchor Partners
Corporate "Greenhouse"
Labs
7\
Advanced Product
Research Development Development
New Knowledge Creation Technology Development Product Commercialization
Science Applied Research New Business Creation
The Innovation Park at Notre Dame will encourage the initiation and growth of world -
class research activity on the campus, and in collaboration with other universities and colleges.
The IP @ND will act as a base for technology platform development in addressing basic human
needs, such as water, nutrition, clean air, health, shelter, education, communications,
transportation, energy and the environment. In doing so, the IP @ND will foster and facilitate the
accelerated exploration and development of the commercial applications of these technology
platforms through technology transfer, joint ventures, start-ups, and other avenues with large and
small innovation -based businesses located in Michiana, across the U.S., and around the world.
The mission of the Innovation Park at Notre Dame is to transform research into
marketable enterprises. The IP @ND will accomplish this mission by providing convenient
access to necessary space, administrative services and Internet connectivity in combination with
the active engagement of expert technical support, professional business advice and introduction
to private risk capital. Key outcomes will include the translation of intellectual property into
viable products and services, as well as enhanced research/technology development opportunities
and uniquely valuable educational experiences for faculty and students. At the same time,
IP @ND will not actively provide the means to advance basic research off campus, or to seek to
Page 3 of 23
become a long -term landlord for start-up or other commercial ventures on this site. But rather
the IP@ND will encourage the continuous development of its core research/technology
platforms and facilitate an accelerated exploration of potential commercial applications, leading
to the transplantation of these enterprises into Michiana for market scale -up.
The Innovation Park at Notre Dame will have five interrelated mission components:
■ A Commercialization Component to nurture and accelerate active consideration of
alternative commercial applications of this technology platform development through
technology transfer, joint ventures, strategic alliances and start-up ventures, with
eventual transfer into Michiana.
■ A Research Component to attract research collaborators and resources needed to increase
the overall levels and impact of world -class research and technology platform
development at the University of Notre Dame.
■ A Community Development Component to create a more dynamic, creative environment
near the campus, in Michiana and beyond.
■ A Sustaining Component to ensure the long -term viability and contribution of the
IP @ND for the University of Notre Dame and the greater Michiana community.
■ An Educational Component in support of the educational mission of the University.
IP @ND's Commercialization Mission Component
IP @ND will seek to identify direct and indirect commercial applications of University
research/technology through collaboration with established corporate or institutional partners and
by nurturing wholly new business venture ideas through a network of business professionals with
deep knowledge of the domain space and projected trends of future needs. This unique multi -'
disciplinary approach should lead to wholly new business ideas arising from two or more
Page 4 of 23
unrelated technology platforms. To accomplish this, IP @ND will provide access to the full range
of services needed to explore innovative applications into the commercial marketplace.
The following resources /services are essential for the support of embryonic companies,
but are currently in short supply in Michiana. Providing access to them, therefore, will be a focus
of our commercialization efforts:
■ Start-up company assistance such as space and shared business services.
■ Ready access to the expertise needed for technological platform development and the
development of alternative business strategies and marketing plans to move a new
venture into the commercial marketplace.
■ Ready access to new product development workshops on the campus or in the
community to provide technical assistance.
■ Reasonable access to start-up, seed, and later -stage risk capital sources, both local and
national, for innovations showing particular commercial promise and strong potential to
contribute to the Michiana community.
lP @ND's Research Mission Component
IP @ND will strive to attract collaborative research partners to its facilities. Emphasis
will focus on attracting or deepening relationships with commercial and institutional leaders
seeking to leverage the demonstrated research strengths of the University and to develop their
primary technology platforms. Success will be achieved as university research core centers
increase the volume and significance of their research and achieve world -class status. This will
attract interest from industry leaders seeking to develop new or improved technology platforms
for their primary business. For example, the IP@ND expects to collaborate with Notre Dame
Page 5 of 23
and the Indiana University School of Medicine faculties to create and operate technology
platforms in cancer detection and therapy, with an active effort to identify, develop and introduce
spin -off commercial applications of these platforms in Michiana, ideally in cooperation with
medical industry leaders.
The IP @ND's Community Development Component
IP @ND will have a definite impact on the Notre Dame campus culture and its Catholic
tradition by providing consistent reinforcement of the potential value of implementing research
and teaching into practical use to serve mankind. It will also clearly impact the economic climate
in Michiana and the State of Indiana, through the essential reliance on existing and new
commercial partners to provide mission critical services to IP @ND tenants /clients. These
services will include professional service providers, such as legal and accounting, but also will
extend to other companies offering rapid prototyping and/or manufacturing of critical
components, information technology, biotech materials and other vital business services and
products. In addition, IP @ND will look to the Michiana region as a potential "landing area"
(e.g., the Sample St. corridor in downtown South Bend) to transplant its start-up clients at the
appropriate stage of development.
The IP @ND's Sustaining Component
The IP @ND will initially rely on grants and private gifts to operate its facilities and
support its programs. Within a 5 -7 year period, however, the Park must be financially self -
sustaining from a variety of sources. Net cash revenues from rents from all tenants of the
IP @ND will be used for current operations. The IP @ND will also seek compensation from its
tenants commensurate with the resources /services provided, or an ownership equity position in
the downstream prospects of its start-up clients inspired and supported through its "greenhouse"
Page 6 of 23
program. The IP @ND will also seek to establish an operating fund endowment through private
donations, grants or other means. This will be coordinated with the Development team at the
University and community leaders.
The IP @ND's Educational Component
The IP @ND will assist the University of Notre Dame to further its educational mission
by providing opportunities for significantly enhanced research efforts by focusing on:
• technology platform development.
• an enhanced practice -based component for its graduate program and undergraduates
where applicable.
• an increased ability to attract and retain pre- eminent faculty members and their spouses.
• an enhanced ability to attract the top graduate and undergraduate students it seeks.
The IP @ND provides an excellent vehicle to provide enhanced, hands -on educational
opportunities consistent with the University's heritage and reputation without having them
abruptly interrupt more traditional campus curricula and programs.
Page 7 of 23
The Inputs and Outputs of the Innovation Park at Notre Dame
University Inputs
Research/IP
Real Estate/Facility
Faculty & Students
Gov't Inputs
IEDC Support
City/Project Future
Other support
Business Inputs
Business Network
Venture Funding
Private Donations
Sponsorship
Inputs &Outputs
IP @ND
Primary Outputs
Start- Ups /Jobs in Michiana
New Products /Services
Multiple Commercialization
Pathways
More opportunities for
faculty and students
Enhanced corporate ties
More Patents/IP
The value proposition of the IP @ND for the University of Notre Dame and its
tenants /clients is a combination of three inter - related service functions, coordinated by IP @ND
staff, with a clear focus on technology platform development and the continuous exploration of
commercial applications of these platforms. These services constitute a virtual ecosystem and
include:
• Effective engagement with University resources, such as research faculty and
students and the assets of the University entrusted to these individuals, to
facilitate technology platform development arising from existing and new basic
research on the campus.
Page 8 of 23
• Access to a broad and deep network of professional experts with established
credentials in a number of emerging and established business domains.
• Reasonable access to start-up and seed capital on both the local and national level,
and later -stage capital for more established emerging growth ventures.
Effective and efficient provision of these services reflects the critical success factors of
the IP @ND. It is imperative that the IP @ND facilities and resources, including the website and
access to the St. Joe Valley Metronet, a state -of -the -art, vendor - neutral telecommunications
infrastructure consisting of a 40 -mile network of fiber -optic cable providing a high -speed data
network with virtually unlimited bandwidth, are conceived and executed to enable technology
platform development and the exploration of commercial applications from within the park.
We anticipate several different classes of tenants /clients in the IP @ND facilities:
• Start-up companies based on the intellectual property or technology platforms emerging
from existing or new research, led by faculty, graduate students, alumni, staff and parents
(defined as possessing Notre Dame DNA).
• Start-up companies recruited from other parts of the US or from other countries, with the
expressed intention to leverage the University of Notre Dame research/technology
platforms, intellectual property, faculty and students and other assets.
• Liaison offices and/or collaborative laboratory space for separately - funded larger
commercial enterprises that have, or wish to have, an ongoing research relationship with
the University of Notre Dame (e.g., Boeing or Zimmer).
• Space for conceptual exploration, development and demonstrated proof of concept of
innovative entrepreneurial initiatives ( "greenhouse ") emerging from one or more
technology platforms.
Page 9 of 23
• Space for cross - disciplinary University research activities, either solus or in combination
with other universities and colleges, such as IUSB's proposed cancer center or cadaver
labs, potentially leading to new start-up ventures.
• Space for expanded University research activities, particularly activities close to
translation, as "surge" space until new facilities become available on campus.
• Offices for operation of separately- funded enterprises or programs that support start-up or
emerging growth companies (e.g., angel investment groups, private equity, venture
capital, etc.).
• Companies /organizations that provide business or technical support services for the
research offices or start-up companies in the park (e.g., procurement, engineering
support, etc.).
• Technology transfer related offices or special collaborative laboratories of Notre Dame
The Innovation Park at Notre Dame and its staff members will host, support, sponsor,
initiate or operate a number of separately- funded programs that support the accomplishment of
the mission of the IP @ND. We anticipate that the focus of these programs will fall into the
following categories:
• Recruitment of suitable tenants to IP @ND space and clients interested in engaging
University research, faculty and/or graduate students for technology platform
development.
• Fast -track assistance to identify and engage available University assets, intellectual
property and faculty or students on a market -fee basis.
Page 10 of 23
• Assistance in networking with industry or domain experts who can provide relevant
knowledge and advice to help identify potential new uses of technology platforms and to
help guide new ventures emerging from these platforms.
• Assistance in having reasonable access to seed or start-up capital from local, national and
other sources.
• Consultation on technology transfer, IP protection and other commercialization
assistance, such as product or graphic design, and prototype development.
IP @ND will explore and accelerate the development of a promising new venture through
the "Greenhouse ". Similar in some respects to the widely publicized "Y Combinator" program
in Boston and California, our approach extends beyond software and web services to science,
engineering and other fields. Working with third party seed stage investors (e.g., Fish Taco
Ventures), the plan is to quickly identify those ventures with significant commercial promise to
fast -track its development with expert professional advice and support.
The facilities will be built by Notre Dame and will be leased to IP @ND by the
University. The gifts and grants will provide sufficient equity in the facility to support debt if
needed. The IP @ND will sustain itself on a permanent basis by charging market -based fees for
space and added value administrative services provided to clients /tenants, by sponsorship of
"greenhouse" activities through private gifts and commercial sponsor tie -ins (e.g., professional
service providers), and by possibly taking an equity position in the downstream prospects of its
"greenhouse" clients into an operating endowment fund.
The proposed organizational structure for the IP @ND and the individuals and groups
charged to carry out the mission of the IP @ND are illustrated in the following chart and
explained in the following paragraphs.
Page 11 of 23
Organization Chart for the Innovation Park at Notre Dame
Board of Directors
Of IP @ND
Advisory
Committees
President/CEO
Of IP @ND
IP @ND Staff ------------ Specific Funded Programs
(employees of ND) (e.g., INmigration)
The Chairman of the Board of Directors is Dr. Thomas Burish, the Provost of the University.
The IP @ND will be managed by David Brenner, as Director of the IP @ND and an employee of
the University. The University will lease his services to the IP @ND as President and CEO when
the corporation is in operation. In this role, David Brenner will be responsible for all of the
activities of the IP @ND including planning, budgeting, program development, fundraising,
personnel, oversight of all imbedded program activities, etc. He will report to Dr. Burish as an
employee of Notre Dame and to the Board of Directors of the corporation. Any other future full -
time IP @ND staff will be employees of the University of Notre Dame and leased to the
corporation.
Several Advisory Committees may be established as determined by the Board of
Directors with the counsel of President/CEO. These committees may include Innovation
Strategy, Domain Knowledge and Venture Capital. The function of these committees will not be
to govern or make decisions for the IP @ND, but to provide input, opinion, and data to inform
policy decisions of the Board of Directors and operational decisions of the President/CEO. It is
anticipated that each member of the Board will serve on at least one of these committees and that
at least one Board member will be on each committee to serve as liaison between the committee
Page 12 of 23
and the Board. Other members of the advisory committees will bring a diverse, worldwide
perspective to the issues and opportunities facing the IP @ND. The IP @ND President/CEO and
staff will provide administrative support for the operation of these committees.
The Coordinators of Specific Funded Programs are the persons who lead and manage
various separately funded programs operated from within the IP @ND. A specific program
example might be The INmigration Program to recruit ND- related companies to the park. The
directors of these specific programs would not be IP @ND employees. In many cases, they could
be faculty members or administrators from collaborating colleges in the region or business
professionals. In any case, their positions will be funded from the specific grants and/or by the
organization they represent and any assets and liabilities of the specific programs would rest with
the grantees.
The principal objectives of the IP @ND are to:
• Facilitate and enhance the impact of research activities at the University of Notre Dame,
to foster accelerated technology platform development, either with established
commercial interests or via new start-up ventures, to satisfy basic human requirements.
• Explore and exploit multiple pathways for commercial applications of existing or new
technology platforms emerging from the University of Notre Dame, or in collaboration
with other universities or colleges (e.g., IUSB, Purdue, SMC, etc.).
• Create experiential educational opportunities for faculty, graduate and undergraduate
students, staff and others affiliated with the Innovation Park.
• Facilitate the transplantation of viable new ventures into the Michiana area.
The fundamental operational strategies of the lP @ND are to:
Page 13 of 23
• Leverage the existing and future intellectual property, technology platforms and human
resources (faculty, students, and alumni) of the University of Notre Dame and its
collaborative partner universities, corporations, governmental institutions [e.g. NIH,
DOD, etc.] and other organizations.
• Leverage the University's extensive worldwide network of alumni, donors, investors, and
friends offering access to world -class knowledge, experience and industry contacts in
virtually every market sector.
• Achieve Certified Technology Park status with the State of Indiana enabling portions of
tax revenues generated by tenants to be reinvested into the park and used for
improvements, operation and maintenance of facilities.
• Work with . local community organizations to prepare a suitable "landing area" for
graduated companies emerging from the IP @ND.
• Take appropriate steps to achieve self - sustainability of the IP @ND within five years.
The creation and successful operation of the Innovation Park will be a collaborative effort
led by the University of Notre Dame with these entities: the City of South Bend, Indiana
University -South Bend, Indiana University School of Medicine, St. Mary's College, Bethel
College, Ivy Tech State College, Holy Cross College, the various campuses and centers of
Purdue University, the State of Indiana (especially the Indiana Economic Development
Corporation), Michiana corporations, Michiana medical institutions (especially Memorial
Hospital, St. Joseph Hospital and South Bend Clinic), and philanthropic organizations and
individuals from inside and outside of Michiana. At this time only preliminary discussions have
been held, and only with some of the potential collaborating organizations. While those we have
contacted have been enthusiastic about the plan, no commitments have been requested or made.
The target of 200,000 square feet for the office and research facilities in the park, the
need for such a park, and its particular general focus, is derived from the research efforts and
Page 14 of 23
advice contained in a report by Hammer Siler George Associates that was commissioned by the
University of Notre Dame, the City of South Bend and Project Future in 2003 -2004. The overall
size of the IP @ND is small when compared to the typical university research park. In 2006, the
Association of University Research Parks reports, based upon responses from 70 parks, that the
size of such parks ranged from 4.5 to 7,000 acres; the median size was 115 acres and the average
size was 505 acres. Clearly, the IP @ND will be among the very smallest of the parks in terms of
land size.
The relatively small size of the IP @ND provides some significant advantages for the
University of Notre Dame and for the communities in the Michiana region. It discourages
serious consideration of the IP @ND for basic research, yet provides space for serious
exploration and development of technology platforms created through research on the campus or
in collaboration with other universities or colleges. Also, the need for additional buildings and
sites in Michiana is appropriate to expand the "virtual' capacity of the park and/or to provide
space for entities that outgrow the space or the purposes of the 1P @ND. In contrast with the
larger research parks, the IP @ND will not become a competitor with the private sector as a real
estate landlord; in fact the IP @ND becomes a generator of potential tenants for private or public
developments in the communities of the region, as well as the remainder of the State.
Relative to the other options considered, the advantages of this particular arrangement
include the following:
• the clear objective to commercialize University research and to bring in potential new
businesses, both to the economic development benefit of Michiana.
• an additional opportunity for the IP @ND not - for - profit corporation to obtain tax-
deductible gifts /grants to cover costs of facilities, infrastructure and program operations.
Page 15 of 23
• a rallying point to encourage the independent private and venture capital consideration of
market -ready "graduates" of the IP @ND.
It is currently anticipated that the construction of the IP @ND facilities will be in three to
four stages or phases. A comprehensive master facilities plan for the entire park has been
completed, allowing for relatively expedited expansion to additional facilities should the need
arise. Building A, a/k/a "Phase F' (approximately 54,000 gross square feet) will be occupied by
tenant companies, organizations, and program offices that are able to pay the rents and other
service charges associated with the park either with cash or equity as the situation warrants.
These tenants are expected to include some investor - funded start-up companies. This facility
will provide the main common areas and meeting facilities for the park, as well as "greenhouse"
space for the active exploration of alternative commercial applications of University technology
platforms. It is currently anticipated that personal property in the form of research and
development equipment and information technology equipment with a total cost of no less than
$500,000 will be installed in Building A within the first five years. The research and
development equipment will consist of laboratory equipment, computers and computer software,
telecommunications equipment, testing equipment, and other research and development
equipment. The information technology equipment will consist primarily of equipment and
software used in office automation, telecommunication facilities and networks, informatics,
network administration, software development and fiber optics. Future facilities will be
primarily focused on providing tenant office and lab space, with these tenants utilizing the
principal common areas in Building A. Planning for construction of Building A began in mid -
2007, with construction anticipated to be initiated in the 3rd Quarter of 2008 and construction
completed in no more than two years thereafter.
Following the completion of Building A, we expect a sequence of two to- three additional
structures (Buildings B, C and D, a/k/a "Phases II, III and IV ") to be constructed at
approximately two- to three -year intervals. We expect that the tenant base of Buildings B, C and
D will include the same general mix of clients found in Building A with an increased percentage
of technology platform start-up companies. The specific features, size and targeted tenants of
Page 16 of 23
each successive building will be determined by market conditions at the time and the experience
we gain through operation of the prior IP @ND buildings.
Along with additional space of the type in Building A, Buildings B, C and D may house
wet and/or dry laboratories for facilities and/or equipment requiring special security, special
utility services, etc. The initiation and/or completion of the stages of Park development could, of
course, be accelerated considerably if donors and/or tenants are identified who will underwrite
the construction and operating costs associated with the facilities, or if pre - leasing activity for
Building A is particularly strong.
The implementation plan for the Innovation Park at Notre Dame will be phased in to
reflect the need for temporary facilities until Phase I/Building A is completed, as described
below. The Director of the IP @ND will commence active recruitment of prospective park
tenants and clients, assist the University Facilities Management team in completing Building A
design and initiate construction, and work closely with the City of South Bend, State of Indiana,
Federal agencies, Notre Dame Development and others to secure Certified Tech Park status and
funding for the facility and operation of IP @ND. To this end, a top priority will be the
development and implementation of an effective and impactful website to promote IP @ND, by
reaching out to those with the interest and motivation to pursue entrepreneurial activity in
concert with existing or new intellectual property, technology platforms and human resources at
the University of Notre Dame or its partner institutions, consistent with its vision.
to:
Other activities to be undertaken by the staff of the IP @ND include, but are not limited
• Introduction of the IP @ND mission and plan to the entire Notre Dame faculty, with their
ideas for projects solicited and catalogued by student- interns leased to the IP @ND by the
University, and ranked or rated for commercial potential by industry experts.
Page 17 of 23
• Solicitation of key prospective companies within 200 miles for interest in the IP @ND
facility and opportunity to collaborate with ND faculty and students on technology
platform development research and/or commercial projects.
• Active pursuit of the most promising identified research / commercialization
opportunities as quickly as possible. .
• Hosting innovation seminars, conferences and workshops on strategy, business models
and go -to- market strategies for faculty, students, alumni and the community with industry
experts and companies, funded by the participants with third party sponsorship.
• Recommendation and implementation of one or more high profile recognition programs
for faculty / students for their work to advance innovation at Notre Dame in the service of
mankind.
• Ongoing promotion to publicize /promote IP @ND and its programs, progress and
accomplishments.
• Soliciting local agencies involved or supporting entrepreneurial activity in Michiana,
such as the SBDC, for ideas to support IP @ND, with their suggestions catalogued, rated
for potential with the best ideas implemented as soon as possible.
• Hosting "Silicon Valley- style" networking seminars and mixers for faculty /students /staff,
local entrepreneurs, investors, agencies and other interested parties, including the Irish
Angels network and other similar ND organizations, such as the ND Alumni Association
and the Dooley Society.
Those expressing a strong desire for immediate space in the lP @ND will be offered
temporary accommodation and services in a nearby location in downtown South Bend. Very cost
competitive office space with convenient access to the campus is readily available. It can also be
easily connected to the Metronet offering unsurpassed broadband access to the internet. Those
Page 18 of 23
ventures requiring wet or dry lab facilities will be accommodated in other facilities retrofitted to
their particular needs on a short-term basis, either through portable wet lab stations or leased
facilities in under - utilized laboratory facilities in the Michiana area.
Following the initial facility opening, all contracted offsite tenants will be moved to the
new building, with new tenants and clients filling the remaining space. This first phase will
provide administrative offices, common meeting and refreshment areas, and up to 6,000 sq ft of
"greenhouse" space on the ground floor for conceptual development of innovative
entrepreneurial start-ups resulting from collaborative imagineering by faculty, students and
others within the Irish Angels network, the ND alumni support organizations and interested
third -party organizations, e.g., IDEO. The upper floors will provide office space and workshops
for "anchor" tenants (defined as world -class commercial enterprises with an established research
relationship with Notre Dame and its faculty), separately funded seed and later -stage start-ups
requiring office and laboratory facilities (e.g., wet or dry lab), and other separately - funded
organizations supporting entrepreneurial activities, e.g., Fish Taco Ventures, venture capital
firms, specialty procurement service providers and similar.
Key measures of early successful progress will include, for example:
• the increase in invention disclosures transformed into active ventures.
• the number of multi - disciplinary or technology platform collaboration projects directly
involving IP @ND underway or completed.
• the quantity and profile of third party risk capital invested in new ventures involved with
IP @ND.
• the number of IP @ND internships and projects completed or underway with
undergraduates and graduate students.
Page 19 of 23
• projected utilization of Phase I facility at or near capacity within one year of opening.
• number of graduating companies emerging from the park into Michiana.
• new contracted agreements for future facilities.
• the projected sustainability track of IP @ND through identified and/or committed funding
sources.
• the quantity and quality of publicity and recognition received from authoritative entities
for the IP @ND's service in pursuing useful applications of research.
The IP @ND will be a park designed and managed by experienced entrepreneurs for the
benefit of new entrepreneurs. Unlike other university -based research parks, most full -time
employees of the IP @ND should have prior entrepreneurial experience, enabling them to more
readily understand and respond to the anticipated tenant needs. Other skill sets may well include
those with former faculty experience to help guide the process through channels. Wherever
possible, the IP @ND will seek to utilize current undergraduate students and graduates to handle
routine duties, allowing the more experienced full -time staff to focus on recruiting and
counseling new tenants and clients in their efforts to advance their particular ventures. The
staffing of the Innovation Park at Notre Dame will reflect the anticipated services to be provided
to tenants and clients.
Initial full -time staffing of the IP @ND is expected to include:
• President / Chief Executive Officer (CEO) presently the Director.
• Engagement Director(s) — Client Services to help recruit tenants, clients and projects to
the park and provide ongoing counsel to tenants as their venture progresses.
• Engagement Director — Private Sector to interface with third party business and domain
thought leaders and equity capital sources (angels, VC, PEG).
Page 20 of 23
• Interactive Marketing Manager to manage marketing activities and to assist in
fundraising activities.
• Facility Administrator /Coordinator to service tenant/client facility needs.
The projected annual salaries for the positions indicated above are estimated to be as
follows:
Park Administration (CEO, two Engagement Directors, Marketing Manager, Facilities
Manager and Sr. Administrative Assistant) approximately $550,000, to be employees of the
University of Notre Dame.
4 to 6 tenants, with an average of 3 employees each (approximately $150,000 total
salaries per tenant), which would compute to an estimated range of approximately $600,000
to $900,000.
Total Salaries, therefore, are estimated to be in the approximate range of $1,150,000 to
$1,450,000 after Phase I has been completed, fully developed and occupied.
Given the nature of this development, these are merely estimated ranges of wages that
would be paid under one future scenario, involving the full occupancy of Phase I. The
University of Notre Dame and related sources are funding the construction of Phase I based on
the anticipated successful completion of the business plan of IP @ND, with the realization that
the estimates and ranges expressed herein are projections and not promises of future events. The
actual future performance of IP @ND, including the development of Phases II, III and IV, the
timing and cost of such future development, the nature of future tenants and occupancies of the
facilities at IP @ND, and the number of employees working for IP @ND and its tenants and
occupants and their wages, are all based on future events which cannot be known or assured,
including the general economic, social and technological circumstances that impact the market
demand for the space and services offered by IP @ND. It is currently anticipated that Phases II
through IV will involve approximately the same size, quality and cost of construction as Phase 1,
and that the estimated range of tenants' employment and wages paid in Phases II through IV
Page 21 of 23
would likewise be approximately commensurate with that involved in Phase I. Investments by
IP @ND and its tenants in new research and development equipment and new information
technology equipment in Phases II through IV is currently expected to be in approximately the
same range as is expected for Phase I. Depending on future events, Phases II through IV may or
may not be developed in accordance with the current plan, and such development may or may
not occur in accordance with the anticipated schedule described in IP @ND's plan and herein.
Under the current plan, it is anticipated that Phase I will reach a self - sustaining level of
performance by the end of year five (5) of operations. This is predicated on the identified
funding sources materializing with essentially full occupancy of the first building. Lease rates
and anticipated expenses have been derived on prevailing and projected rates at other parks (e.g.,
Indiana University, Missouri, Purdue and Kalamazoo) and best available data for comparable
facilities in or near South Bend. Staffing is anticipated to remain stable until a second facility is
needed. The first building is anticipated to be approximately 54,000 square feet because a
building of this size provides the capacity to include a wide range of tenant sizes and types in
our initial facilities, as benchmarked with the parks at other universities and locations. Different
scenarios and arrangements are easily adopted as various funding opportunities materialize.
Summary of the Project and Overall Nature of the Operations
The Master Plan anticipates three additional buildings to be phased in between 2010 and
2018 as demand increases. The future phases are expected to 'include a free - standing addition to
the first building (Phase II) followed by two additional separate buildings (Phases III and IV) on
the main site. A further facility may also be added on the additional two -acre site on the east
side of Twyckenham Drive. The first building (Phase I) will be the main gathering area for the
entire park, and provide most of the essential common areas, conference facilities and training
resources. The Innovation Park at Notre Dame will encourage the initiation and growth of
world -class research activity on the campus, and in collaboration with other universities and
colleges. The IP @ND will act as a base for the technology platform development in addressing
basic human needs, such as water, nutrition, clean air, health, shelter, education,
communications, transportation, energy and the environment. In doing so, the IP @ND will foster
Page 22 of 23
and facilitate the accelerated exploration and development of the commercial applications of
these technology platforms through technology transfer, joint ventures, start-ups, and other
avenues with large and small innovation -based businesses located in Michiana, across the U.S.,
and around the world.
The IP @ND will accomplish this mission by providing convenient access to necessary
space, administrative services and Internet connectivity in combination with the active
engagement of expert technical support, professional business advice and introduction to private
risk capital. Key outcomes will include the translation of intellectual property into viable
products and services, as well as enhanced research/technology development opportunities and
uniquely valuable educational experiences for faculty and students. At the same time, the
IP @ND will not actively seek to become a long -term landlord for start-up or other commercial
ventures on this site. Instead, the IP @ND will encourage the continuous development of its core
research/technology platforms and facilitate an accelerated exploration of potential commercial
applications, leading to the transplantation of these enterprises into the Michiana community.
SBDS02 TDH 3779490
Page 23 of 23
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN
THE CITY OF SOUTH BEND, INDIANA, AS
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A
FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR
UNIVERSITY OF NOTRE DAME DU LAC, AND
INNOVATION PARK AT NOTRE DAME, INC. (THE
"PETITIONER")
WHEREAS, a petition for personal property tax abatement consideration has been
filed with the City Clerk for consideration by the Common Council of the City of South
Bend, Indiana, requesting that the area within the City of South Bend, Indiana, and
which is more particularly described as follows:
"Parcel 1:
A Parcel of land in the Northwest Quarter of Section 6, Township 37 North,
Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more
particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00 °43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right -of -way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53 °08'24"
West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of
this description; thence continuing along said line South 53 °08'24" West 58.42
feet; thence South 50 °14'48" West, 250.32 feet along said line to the
northwesterly boundary of S.R. 23; thence South 52 °50'49" West, 338.01 feet
along said boundary; thence North 36 °50'07" West, 588.23 feet to the south line
of a parcel of land designated as parcel number 3 for relocated Edison Road and
Twyckenham Drive extension on a Right -of -Way plat recorded August 16, 2005
as Document Number 0537239 in said Recorder's Office; thence along the
southerly and westerly lines of said parcel number 3 the following 6 courses and
distances:
1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00
feet and subtended by a long chord bearing North 56 °00'19" East, a distance of
241.52 feet;
2) northeasterly 591.36 feet along a curve to the right having a. radius of 1070.00
feet and subtended by a long chord bearing North 66 °00'50" East, a distance of
583.86 feet;
3) South 58 °26'38" East, 68.74 feet;
4) South 00 °47'43" West, 10.96 feet;
5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet
and subtended by a long chord bearing South 07 °08'04" East, a distance of 264.89
feet;
6) South 15 °03'52" East, 139.03 feet to the point of beginning, and containing
9.446 acres more or less.
F,T.T1-
Parcel 2:
A Parcel of land partly in the Northwest Quarter and partly in the Northeast
Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal
Meridian, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Northeast Corner of the Northwest Quarter of said Section 6;
thence South 00 °43'29" East (this and all subsequent bearings based on the
Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East
line of said Northwest Quarter to the northwesterly line of a parcel of land
conveyed to the State of Indiana for right -of -way purposes along State Road 23
(South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in
the Office of the Recorder of St. Joseph County, Indiana; thence South 53 °08'24"
West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land
designated as parcel number 3 for Twyckenham Drive extension and relocated
Edison Road on a Right -of -Way plat recorded August 16, 2005 as Document
Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of
this description; thence along the easterly and northerly lines of said parcel
number 3 the following 5 courses and distances:
1) North 15 °03'52" West, 80.12 feet;
2) North 09 °12'15" West, 142.01 feet;
3) North 00 °09'24" West, 106.80 feet;
4) North 21 '1 T12" East, 64.63 feet;
5) North 89 °10'21" East, 182.11 feet to the west boundary of vacated Ivy. Road;
thence South 00 °46'11" East, 250.94 feet along said vacated Ivy Road to the
northerly corner of the aforementioned parcel conveyed to the State of Indiana for
right -of -way purposes; thence South 31 °35'38" West, 27.44 feet along the
northwesterly line of said parcel; thence South 530.08'24" West, 188.28 feet along
the northwesterly line of said parcel to the point of beginning, and containing
1.490 acres more or less,
and which has Key Numbers 17- 1017 -0406 and 18 -5102 -3579, be designated as an
Economic Revitalization Area under the provisions of Indiana Code 6 -1.1 -12.1 et sew.,
and South Bend Municipal Code Sections 2 -76 et seq., and;
WHEREAS, the Department of Community and Economic Development has
concluded an investigation and prepared a report with information sufficient for the
Common Council to determine that the area qualifies as an Economic Revitalization Area
under Indiana Code 6 -1.1 -12.1, et M., and South Bend Municipal Code Sections 2 -76, et
M. , Mc ., and has further prepared maps and plats showing the boundaries and such other
information regarding the area in question as required by law; and
WHEREAS, the Community and Economic Development Committee of the
Common Council has reviewed said report and recommended to the Common Council
that the area qualifies as an Economic Revitalization Area.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
South Bend, Indiana, as follows:
SECTION I. The Common Council hereby determines and finds pursuant to Indiana
Code 6 -1.1- 12.1 -4.5 et seq., that:
a. the estimate of the cost of the new research and development ( "R &D ")
equipment and new information technology ( "IT ") equipment is reasonable for
equipment of that type;
b. That the estimate of the number of individuals that will be employed or
whose employment will be retained by the Petitioner and future tenants related to the
project can reasonably be expected to result from the proposed installation of the new
R &D equipment and new IT equipment;
C. That the estimate of the annual salaries of those individuals that will be
employed or whose employment will be retained by the Petitioner and future tenants
related to the project can be reasonably expected to result from the proposed installatioil
of the new R &D equipment and new IT equipment;
d. any other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed new R &D equipment and new IT
equipment; and
e. the totality of benefits is sufficient to justify the deductions requested.
SECTION II. The Common Council hereby determines and finds that the proposed new
R &D equipment and IT equipment can be reasonably expected to yield the benefits
identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition
for Personal Property Tax Abatement Consideration and that Statement of Benefits form
completed by the Petitioner, said form being prescribed by the State Board of Accounts,
are sufficient to justify the deduction granted under Indiana Code 6=1.1- 12.1 -4.5, and the
Statement of Benefits is hereby approved.
SECTION III. The Common Council hereby accepts the report and recommendation of
the Department of Community and Economic Development, and the Community and
Economic Development Committee's favorable recommendation, that the area herein
described be designated as an Economic Revitalization Area for purposes of personal
property tax abatement and hereby makes such a designation.
SECTION IV. The Common Council determines that such designation shall be limited to
ten (10) calendar years from the date of the adoption of this Resolution by the Common
Council.
SECTION V. The Common Council hereby determines that the Petitioner and future
tenants located within the economic revitalization area described in this Resolution are
qualified for and granted property tax deductions for a period of five (5) years; provided
however, neither the Petitioner nor any tenants may receive an economic revitalization
area deduction if it receives an enterprise zone investment deduction under I.C. 6- 1.1 -45
for the same property.
SECTION VI. The Common Council directs the City Clerk to cause notice of the
adoption of this Declaratory Resolution for Personal Property Tax Abatement to be
published pursuant to Indiana Code 5 -3 -1, said publication providing notice of the public
hearing before the Common Council on the proposed confirming of said declaration.
SECTION VII. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
PRESENTED �-LS V V
NOT APPROVED
ADOPTED -
Member of the Common Council
Council Ecaai 01-1 ttlis issue,
Filed In Clerk's Office
AUG 2 U ?003
JOHN VOORDE
CITY CLERK, SO. BEND, IN.
1200 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
PHONE 574/235 -9371
FAx 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
August 12, 2008
Council Member Derek D. Dieter, Chairperson
Community & Economic Development Committee
South Bend Common Council
4th Floor, County City Building
South Bend, IN 46601
RE: Commercial Real Property Tax Abatement Petition for:
University of Notre Dame, Innovation Park At Notre Dame, Inc.
Dear Council Member Dieter:
Please find attached the Department of Community & Economic Development's report on a
commercial real property tax abatement petition for the above - referenced petitioner for construction
of four buildings in a proposed Certified Technology Park to be located at Edison Road adjoining
Twyckenham Drive extension on State Road 23. Also attached is a copy of the petition, Statement of
Benefits form, and supporting information.
The report contains the Department's findings relative to the above petition. The petitioner, the
University of Notre Dame and Innovation Park at Notre Dame, Inc. are proposing to construct and
equip an approximate 54,000 square foot building that will be the first of four buildings that will
become the Certified Technology Park. The three additional buildings will provide approximately
146,000 square feet of more space. The mission of the park is to transform research into marketable
enterprises. The park will accomplish this by providing convenient access to necessary space,
administrative services, and internet connectivity in combination with the active engagement of
expert technical support, professional business advice and introduction to private risk capital.
The first building will house the park's common areas as well as provide initial space for client -
tenants to begin work on promising projects and processes that can be taken to market. The
remaining buildings will be primarily used for client- tenant space. Please note that the petitioner is
asking for a special exception because the petition does not meet the general standards for a
real property tax abatement as set forth in the City's Ordinance. The Petitioner is also
requesting an extension of the Economic Revitalization Area designation from the normal two
(2) years to ten (10) years. The petitioner is seeking up to a nine -year real property tax abatement,
and a representative of the petitioner will be available to meet with the Committee on Monday,
August 25, 2008.
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235 -9660 574/235 -9371 ELIZABETH LEONARD
FAX: 574/235 -9697 574/235 -9371
Should you or any of the other Council members have any questions concerning the report, or need
additional information, please feel free to call me at 235 -5835.
Sincerely,
Bob Mathia
Assistant Director,
Economic Development
Attachments
cc: South Bend Common Council Members
Mayor Stephen Luecke
Jeff Gibney
Don Inks
1200 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
PHONE 574/ 235 -9371
FAX 574/235 -9021
TDD 574/ 235 -5567
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
COMMUNITY & ECONOMIC DEVELOPMENT
,JEFFREY V. GIBNEY
EXECUTIVE DIRECTOR
TAX ABATEMENT REPORT
TO: SOUTH BEND COMMON COUNCIL
FROM: BOB MATHIA
SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR:
UNIVERSITY OF NOTRE DAME, INNOVATION PARK AT NOTRE DAME,
INC.
DATE: August 12, 2008
On August 11, 2008, a petition for real property tax abatement consideration for property located at
Edison Road adjoining Twyckenham Drive extension on State Road 23 was filed with the City Clerk
by the University of Notre Dame in the name of Innovation Park at Notre Dame, Incorporated. The
petitioner is asking for a special exception because the project does not meet the general
standards for real property tax abatement set forth in Chapter 2, Article 6, Sections 2 -77
through 2 -83.3 of the Municipal Code of the City of South Bend. Further, the Petitioner is
requesting an extension of the Economic Revitalization Area designation from the normal two
(2) years to ten (10) years. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of
the City of South Bend, this petition was referred to the Department of Community and Economic
Development for purposes of investigation and preparation of a report determining whether the area
qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning
requirements have been met.
The Department of Community and Economic Development has reviewed the petition, investigated
the area, and makes the following report.
PROJECT SUMMARY
The University of Notre Dame and Innovation Park at Notre Dame, Inc. are proposing to establish a
Certified Technology Park. The park will include the construction of four buildings over several
years on an approximately 12 acre site, with construction to begin on the first building (constructed
as Phase I) in early fall, 2008. The Master Plan for the park anticipates three additional buildings to
COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT FINANCIAL & PROGRAM
PAMELA C. MEYER DONALD E. INKS MANAGEMENT
574/235 -9660 574/235-9371 ELIZABETH LEONARD
FAx: 574/235 -9697 574/235 -9371
South Bend Common Council
RE: University Of Notre Dame, Innovation Park At Notre Dame, Inc.
August 12, 2008
Page 2
be phased in between 2010 and 2018. The first building will be the main gathering area for the park
and provide most of the essential common areas including conference facilities and training
resources. The building in Phase I will comprise a facility of approximately 54,000 sq. ft. on three
levels and is the subject of this tax abatement petition. The reception area, administration space and
«� t, t, , :t:, �.., ..,:.,.,,. +„t. 1< nnn r+ % •tt i. +>^ r._ + t ., t T>- a
vreein.t iiti uvawi 1UMILY kaNYiUX1 away v,vvv Sq. iL.) wiii Vii oll 111Ci 111JL 1GVGl. Lll�i JGlJol1U
and third levels will be designed as "build -to- suit" tenant areas for general office space and dry or
wet lab configurations. The remaining three buildings (Phases II to IV) will provide approximately
146,000 additional square feet of space. They will be primarily used for client- tenant space. The
buildings and equipment will be owned by the University and leased to Innovation Park. The
buildings and equipment will be owned by the University and leased to Innovation Park.
The mission of the park is to transform research into marketable enterprises. The park will
accomplish this by providing convenient access to necessary space, administrative services, and
internet connectivity in combination with the active engagement of expert technical support,
professional business advice and introduction to private risk capital. At the same time, the park will
not actively provide the means to advance basic research off campus, or to seek to become a long-
term landlord for start-up or other commercial ventures on this site. Instead, the park will encourage
the continuous development of its core research/technology platforms and facilitate an accelerated
exploration of potential commercial applications, leading to the eventual transplantation of these
enterprises into the park's extension at Innovation Park At Notre Dame At Sample Street (i.e.
Studebaker Corridor) and other areas.
The estimated cost of Phases I — IV construction is $10,000,000 - $60,000,000. The petitioner has
also submitted a separate tax abatement petition for personal property for the project.
Due to the speculative nature and current timing of the project, there are several unknowns at this
time. Therefore, the exact length of the tax abatement term cannot be determined at this time. It is
estimated that the term will be a minimum of six years and a maximum of nine years. Prior to
consideration of the Confirming Resolution the petitioner will provide additional information
required to complete calculation of the Public Benefit Points Summary.
Assuming a total project cost of $60,000,000, total taxes to be abated during a (6) six -year abatement
period are estimated at $5,478,762. Total taxes to be paid during the (6) six -year abatement period
are estimated at $5,421,901. Again, assuming a total project cost of $60,000,000, total taxes to be
abated during a (9) nine -year abatement period are estimated at $7,605,694. Total taxes to be paid
during the (9) nine -year abatement period are estimated at $8,745,301.
EMPLOYMENT IMPACT
Per the petition, it is estimated that the project will directly create seventeen to seventy -seven (17 -
South Bend Common Council
RE: University Of Notre Dame, Innovation Park At Notre Dame, Inc.
August 12, 2008
Page 3
77) new, permanent, full -time jobs and one (1) part-time permanent job over the project's ten year
development period representing a new annual payroll of approximately $1,150,000 to $4,150,000.
The total possible gains in employment resulting from firms created at the park cannot be estimated
at this time. Because this is a new project no existing jobs will be maintained.
ABATEMENT QUALIFICATION
1. A review of the tax abatements previously granted finds that finds that the petitioner has not
been granted or associated with any previous tax abatements.
2. The Building Commissioner has reviewed the petition and finds the property to be properly
zoned for the proposed project.
A review of the South Bend Redevelopment designation areas finds that the property is located
in the Northeast Neighborhood Development Area, which is a Tax Incremental Allocation Area;
therefore, the petition for real property tax abatement must first be approved by the South Bend
Redevelopment Commission.
4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner does not meet
the qualifications for a real property tax abatement under the general standards for tax abatement
in the City of South Bend. However, the Ordinance does provide for an exception to the general
standards, at the South Bend Common Council's discretion. Up to a (9) nine -year real
property tax abatement is being sought as a Special Exception subject to further review by
the Common Council of the City of South Bend prior to approval of the Confirming
Resolution. The Petitioner is also requesting approval an extension of the Economic
Revitalization Area designation from two (2) years to ten (10) years to allow construction to
take place in orderly fashion according to market forces.
* Qualification for each Public Benefit Item based on best available information at time of application or
good faith determination if no information available.
12- Aug -08
Innovation Park At Notre Dame,
Inc.
Public Benefit Points Summary *
Qualify
Earned
Available
Public Benefit Item:
Y or N
Points
Points
Project Related:
1. A.
Redevelop a Site that has Special Needs
N
0
49
B.
Develop Based on Local University Research
Y
35
35
C.
Achieve a Physical Element of a Plan
N
0
36
Sub -total Project Related:
35
120
c. Juycl VILG f l Vlc{.LJ IpV111t yQ1UGJ AIC l.UlIIUIO Liycl.
A. 100% to 199%
Y
25
25
B.
200% to 299%
Y
68
68
C.
300% to 399%
Y
65
65
D.
400% and Over
N
0
52
Sub -total Super Size Projects:
158
210
3. Construction Related:
A.
Employ Local Companies
N
0
20
B.
Purchase Materials from Local Companies
N
0
20
C.
Require Employees vs. Independent Contracts
N
0
19
D.
Require Target Wage Levels
N
0
22
E.
Require Health Benefits
N
0
22
F.
Require Pension Benefits
N
0
18
G.
Maintain Affirmative Action Plan
N
0
20
Sub -total Construction Related:
0
141
4. Wage & Benefit Related:
A.
Pay Target Wage Levels
Y
33
33
B.
Provide Health Benefits
Y
34
34
C.
Provide Pension Benefits
Y
29
29
D.
Provide Training
Y
28
28
E.
Provide Child Care
Y
15
15
F.
Provide Transportation Assistance
Y
14
14
G.
Provide Employer Assisted Housing program
N
0
9
Sub -total Wage & Benefit Related:
153
162
5. Workforce Related:
A.
Create New Jobs
Y
42
42
B.
Retain Existing Jobs
N
0
41
C.
Maintain Affirmative Action Plan
Y
35
35
D.
Provide Targeted Hiring Preference
N
0
34
Sub -total Workforce Related:
77
152
6. Pay for Municipal Infrastructure: (point values are cumulative):
A.
Pay for Oversizing or Upgrading
N
0
14
B.
Pay for 26 -50% of Extension Cost
N
0
26
C.
Pay for 51 -75% of Extension Cost
N
0
39
D.
Pay for 76 -100% of Extension Cost
N
0
52
Sub -total Infrastructure Related:
0
131
7. Support a Municipal Facility:
A.
Support a Municipal Facility
N
0
84
Total Public Benefit Points:
423
1000
* Qualification for each Public Benefit Item based on best available information at time of application or
good faith determination if no information available.
Innovation Park At Notre Dame, Inc.
Additional Years of Abatement
Multi - family Development Projects:
From
To
Additional Years
0
141
0
142
183
1
184
225
2
226
267
3
268
309
4
310
351
5
352
393
6
394
& over
7
Other Development Projects:
From
To
Additional Years
0
300
0
301
357
1
358
414
2
415
471
3
472
528
4
529
585
5
586
642
6
643
1000
7
Subtotal from Points Summary: 423
Base Years of Abatement
Additional Years of Abatement:
Total Years of Abatement: 6
' Qualification for each Public Benefit Item based on best available information at time of application or
good faith determination if no information available.
12- Aug -08
Innovation Park At Notre Dame,
Inc.
Public Benefit Points Summary
Qualify
Earned
Available
Public Benefit Item:
Y or N
Points
Points
Proiect Related:
1. A.
Redevelop a Site that has Special Needs
N
0
49
B.
Develop Based on Local University Research
Y
35
35
C.
Achieve a Physical Element of a Plan
N
0
36
Sub -total Project Related:
35
120
2. Super Size Prolects (point values are cumulative):
A.
100% to 199%
Y
25
25
B.
200% to 299%
Y
68
68
C.
300% to 399%
Y
65
65
D.
400% and Over
Y
52
52
Sub -total Super Size Projects:
210
210
3. Construction Related:
A.
Employ Local Companies
Y
20
20
B.
Purchase Materials from Local Companies
Y
20
20
C.
Require Employees vs. Independent Contracts
Y
19
19
D.
Require Target Wage Levels
Y
22
22
E.
Require Health Benefits
Y
22
22
F.
Require Pension Benefits
Y
18
18
G.
Maintain Affirmative Action Plan
Y
20
20
Sub -total Construction Related:
141
141
4. Waqe & Benefit Related:
A.
Pay Target Wage Levels
Y
33
33
B.
Provide Health Benefits
Y
34
34
C.
Provide Pension Benefits
Y
29
29
D.
Provide Training
Y
28
28
E.
Provide Child Care
Y
15
15
F.
Provide Transportation Assistance
Y
14
14
G.
Provide Employer Assisted Housing program
N
0
9
Sub -total Wage & Benefit Related:
153
162
5. Workforce Related:
A.
Create New Jobs
Y
42
42
B.
Retain Existing Jobs
N
0
41
C.
Maintain Affirmative Action Plan
Y
35
35
D.
Provide Targeted Hiring Preference
N
0
34
Sub -total Workforce Related:
77
152
6. Pay for Municipal Infrastructure: (point values are cumulative):
A.
Pay for Oversizing or Upgrading
N
0
14
B.
Pay for 26 -50% of Extension Cost
N
0
26
C.
Pay for 51 -75% of Extension Cost
N
0
39
D.
Pay for 76- 100% of Extension Cost
N
0
52
Sub -total Infrastructure Related:
0
131
7. Support a Municipal Facility:
A.
Support a Municipal Facility
N
0
84
Total Public Benefit Points:
616
1000
' Qualification for each Public Benefit Item based on best available information at time of application or
good faith determination if no information available.
Innovation Park At Notre Dame, Inc.
Additional Years of Abatement
Multi- family Development Projects:
From
To
Additional Years
0
141
0
142
183
1
184
225
2
226
267
3
268
309
4
310
351
5
352
393
6
394
& over
7
Other Development Projects:
From
To
Additional Years
0
300
0
301
357
1
358
414
2
415
471
3
472
528
4
529
585
5
586
642
6
643
1000
7
Subtotal from Points Summary: 616
Base Years of Abatement
Additional Years of Abatement: 6
Total Years of Abatement: 9
6 YEAR
Innovation Park
South Bend Clay Township
Real Property Tax Abatement Schedule"
13- Aug -08
Gross Tax (tax rate x net assessed value)
Tax Key Number
2,195,424
9,003
17- 1017 -0406
752,386
1,102,213
1,452,041
1,823,732
Less Circuit Breaker Credit
(1,553)
Current Assessed Value:
0
210,000
0
0
0
(54,441)
Net Tax
7,450
Estimated Project Cost:
9,003
336,966
60,000,000
1,102,213
1,452,041
1,769,292
Circuit Breaker Cap
1,479,811
336,966
3
Current
Without
100%
85%
66%
50%
34%
17%
Assessed Value:
1,536,300
AV & Tax
Abatement
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Current Assessed Value
100%
210,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
Base Assessed Value
85%
1,721,806
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
Less Abatement Deduction
0
(51,000,000)
(43,350,000)
(33,660,000)
(25,500,000)
(17,340,000)
(8,670,000)
Net Assessed Value
210,000
51,210,000
210,000
7,860,000
17,550,000
25,710,000
33,870,000
42,540,000
Property Taxes:
Assume constant tax rate of
4.2871%
4.2871%
4.2871%
4.2871%
4.2871%
4.2871%
4.2871%
4.2871%
Gross Tax (tax rate x net assessed value)
9,003
2,195,424
9,003
336,966
752,386
1,102,213
1,452,041
1,823,732
Less Circuit Breaker Credit
(1,553)
(378,647)
0
0
0
0
0
(54,441)
Net Tax
7,450
1,816,777
9,003
336,966
752,386
1,102,213
1,452,041
1,769,292
Circuit Breaker Cap
1,479,811
336,966
3
7,450
1,809,327
1,816,777
1,064,391
752,386
Circuit Breaker 3.0000%
6,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
Debt Service 0.5477%
1,150
280,477
1,150
43,049
96,121
140,814
185,506
232,992
Circuit Braker Cap
7,450
1,816,777
1,537,450
1,579,349
1,632,421
1,677,114
1,721,806
1,769,292
Totals 44,701 10,855,962 10,900,663 5,478,762 5,421,901
"This schedule is for estimation purposes only and assumes constant tax rates. The true tax values
will ultimately be determined by the actual assessed valuation and the then current tax rates.
New
Combined
Net
Existing
Project
Existing & New
Tax
Tax
Year
Taxes
Taxes
Taxes
Abated
Paid
1
7,450
1,809,327
1,816,777
1,807,774
9,003
2
7,450
1,809,327
1,816,777
1,479,811
336,966
3
7,450
1,809,327
1,816,777
1,064,391
752,386
4
7,450
1,809,327
1,816,777
714,564
1,102,213
5
7,450
1,809,327
1,816,777
364,736
1,452,041
6
7,450
1,809,327
1,816,777
47,486
1,769,292
Totals 44,701 10,855,962 10,900,663 5,478,762 5,421,901
"This schedule is for estimation purposes only and assumes constant tax rates. The true tax values
will ultimately be determined by the actual assessed valuation and the then current tax rates.
9 YEAR
13- Aug -08
Innovation Park
South Bend Clay Township
Real Property Tax Abatement Schedule'
Tax Key Number
New
Combined
17- 1017 -0406
Net
Existing
Project
Existing 8 New
Tax
Tax
Year
Taxe
Current Assessed Value:
Taxes
Abated
210,000
1
7,450
1,809,327
1,816,777
1,807,774
9,003
2
7,450
1,809,327
Estimated Project Cost:
1,545,404
271,373
60,000,000
7,450
1,809,327
1,816,777
1,304,897
511,880
4
7,450
1,809,327
1,816,777
1,064,391
Current
Without
100%
88%
77%
66%
'55%
44%
33%
22%
11%
Assessed Values
1,233,399
AV 8 Tax
Abatement
Year
Year2
Year
Year
Year
Year
Year
Year
Year
Current Assessed Value
100%
210,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
210,000
Base Assessed Value
85%
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
51,000,000
Less Abatement Deduction
0
(51,000,000)
(44,880,000)
(39,270,000)
(33,660,000)
(28,050,000)
(22,440,000)
(16,830,000)
(11,220,000)
(5,610,000)
Net Assessed Value
210,000
51,210,000
210,000
6,330,000
11,940,000
17,550,000
23,160,000
28,770,000
34,380,000
39,990,000
45,600,000
Property Taxes
Assume constant tax rate of
4.2871%
4.2871%
42871%
4.2871%
42871%
4.2871%
4,2871%
4.2871%
41871%
4.2871%
42871%
Gross Tax (tax rate x net assessed value)
9.003
2,195 424
9,003
271,373
511,880
752,386
992,892
1,233,399
1,473,905
1,714,411
1,954,918
Less Circuit Breaker Credit
(1,553)
(378.647)
0
0
0
0
0
0
0
0
(168,866)
Net Tax
7,450
1,816,777
9,003
271,373
511,880
752,386
992,892
1,233,399
1,473,905
1,714,411
1,786,051
Circuit Breaker Cap
Circuit Breaker
3.0000%
6,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
1,536,300
Debt Service
0.5477%
1,150
280.477
1,150
34,669
65,395
96,121
126,847
157,573
188,299
219,025
249,751
Circuit Braker Cap
7,450
1,816,777
1,537,450
1,570,969
1,601,695
1,632,421
1,663,147
1,693,873
1,724,599
1,755,325
1,786,051
New
Combined
Net
Existing
Project
Existing 8 New
Tax
Tax
Year
Taxe
Taxes
Taxes
Abated
Paid
1
7,450
1,809,327
1,816,777
1,807,774
9,003
2
7,450
1,809,327
1,816,777
1,545,404
271,373
3
7,450
1,809,327
1,816,777
1,304,897
511,880
4
7,450
1,809,327
1,816,777
1,064,391
752,386
5
7,450
1,809,327
1,816,777
823,885
992,892
6
7,450
1,809,327
1,816,777
583,379
1,233,399
7
7,450
1,809,327
1,816,777
342,872
1,473,905
8
7,450
1,809,327
1,816,777
102,366
1,714,411
9
7,450
1,809,327
1,816,777
30,726
1,786,051
Totals
67,052
16.283,943
16,350,995
7,605.694
8,745,301
'This schedule is for estimation purposes only and assumes constant tax rates. The true tax values
will ultimately be determined by the actual assessed valuation
and the then current
tax rates.
BARNES ÞBURG LLP
Philip J. Faccenda, Jr.
(574) 237 -1148
philip.faccenda@btlaw.com
HAND DELIVERY
City of South Bend Common Council
Suite 400S County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601
600 1st Source Bank Center
100 North Michigan
South Bend, IN 46601 -1632 U.S.A.
(574) 233 -1171
Fax (574) 237 -1125
www.btlaw.com
August 13, 2008
Re: University of Notre Dame du Lac, Innovation Park at Notre Dame, Inc. and
Future Tenants (collectively, the "Petitioner ") /Application for Real Property Tax
Abatement
Dear Ladies and Gentlemen:
On behalf of the above - referenced Petitioner, we are hereby requesting, pursuant to
Section 2 -84 of the South Bend Municipal Code, a special exception to the Real Property Tax
Abatement Guidelines contained within the South Bend Municipal Code. The exception to the
Real Property Tax Abatement Guidelines is requested for the Council to consider Petitioner's
application for a ten -year real property tax abatement for a project (the "Project ") that involves
mixed use (primarily office and laboratory facilities) facilities that are located in the Northeast
Neighborhood Development Area ( "NNDA "). In general, the NNDA is not "pre- designated" as
an abatement area. As such, the Project does not fit within the general standards within the
South Bend Municipal Code for granting tax abatement for this type of use.
. The Petitioner is requesting the special exception for the Project because of the level of
benefits set forth in the "Petition for Real Property Tax Abatement Consideration," and the Form
SB- 1/Real Property Statement of Benefits previously submitted by the Petitioner to the South
Bend Common Council.
Thank you very much for your consideration of this request. If you have any questions,
please feel free to contact us.
PJF:mdm
Enclosures
SBDS02 PFACCENDA 3781380
Sincerely,
Philip J. Faccenda, Jr.
Chicago Indiana Michigan Washington, D.C.
:4
CITY OF SOUTH BEND
PETITION FOR REAL PROPERTY TAX ABATEMENT CONSIDERATION
The undersigned owner(s) of real property, located within the City of South Bend, hereby
petition the Common Council of the City of South Bend for real property tax abatement
consideration and pursuant to I.C.. 6 -1.1- 12.1 -1, et seg., and South Bend Municipal Code
Sec. 2 -76 et seg., for this petition states the following:
Unless otherwise noted herein, the responses to the following questions pertain
only to Phase I of the proposed project. Reference should be made to Form SB-
1 /Real Property Statement of Benefits for the proposed project for a more detailed
description of Phase II, Phase III and Phase IV of the proposed project.
1. Describe the proposed redevelopment or rehabilitation project, including information
about physical improvements to be made, the proposed use of the improvements,
and a general statement as to the importance of the project to your business:
The proposed project is a new technology park to be known as the `Innovation Park
at Notre Dame" (`IP @ND') and will include the construction of four buildings on an
approximately 12 acre site, with construction to begin on the first building (Phase I) in
the early fall 2008 and be completed within 12 to 24 months. The Master Plan for the
project anticipates three additional buildings to be phased in between 2010 and 2018.
The future phases are expected to include a free - standing addition to the first building
(Phase II) followed by two additional separate buildings (Phases 111 and IV) on the
main site. A further facility may also be added on the approximately two -acre portion
on the east side of Twyckenham Drive.
The first building (Phase 1) will be the main gathering area for the entire park, and
provide most of the essential common areas, conference facilities' and training
resources. Phase I will comprise a facility of approximately 54,000 sq ft on three
levels, with the reception area, administration space and "Greenhouse" incubator
facility (approximately 6,000 sq ft) on the first level. The second and third levels will be
designed as `build -to -suit' tenant areas for general office space and dry or wet lab
configurations.
Land Size approximately 12 acres; Building Size approximately 54,000 sq.ft.
2. Describe the overall nature of the business and of the operations occurring at the
Property-(attach additional sheet if more space is needed):
The IP @ND will encourage the initiation and growth of world -class research activity
on the campus of the University of Notre Dame, and in collaboration with other
universities and colleges. The IP @ND will act as abase for the technology platform
development in addressing basic human needs, such as water, nutrition, clean air,
health, shelter, education, communications, transportation, energy and the
(Rev 12/29/06)
environment. In doing so, the IP @ND will foster and facilitate the accelerated
exploration and development of the commercial applications of these technology
platforms through technology transfer, joint ventures, start-ups, and other avenues
with large and small innovation -based businesses located in Michiana, across the
U.S., and around the world.
Succinctly stated, the mission of the Innovation Park at Notre Dame is, therefore, to
transform research into marketable enterprises. The IP @ND will accomplish this
mission by providing convenient access to necessary space, administrative services
and Internet connectivity in combination with the active engagement of expert
technical support, professional business advice and introduction to private risk
capital. Key outcomes will include the translation of intellectual property into viable
products and services, as well as enhanced research /technology development
opportunities and uniquely valuable educational experiences for faculty and students.
At the same time, the IP @ND will not actively provide the means to advance basic
research off campus, or to seek to become a long -term landlord for start-up or other
commercial ventures on this site. Instead, the IP @ND will encourage the continuous
development of its core research /technology platforms and facilitate an accelerated
exploration of potential commercial applications, leading to the eventual
transplantation of these enterprises into Michiana for market scale -up.
3. Estimate the dollar value of the project (excluding land): $10,000,000 - $15,000,000
4. The current assessed valuation of the real property before rehabilitation,
redevelopment, economic revitalization, or improvement: $210,000 -- which amount
represents the approximate assessed value for the 12 -acre site of the proposed
project. The unimproved land that makes up such 12 -acre site is assessed at
approximately $17,500 an acre, and, therefore, the 12 -acre site of the proposed
project represents approximately $210,000 of current assessed value (12 x $17,500 =
$210,000). Such 12 -acre site is located on a portion of the two parcels identified at
Question No. 7 below (total assessed value for the two parcels is $1,290,830 for real
property taxes payable in 2007).
5. (a) The real property for which tax abatement consideration is petitioned (Property) is
owned or to be owned by the following individuals or corporations (if the
business organization is publicly held, indicate also the name of the corporate
parent, if any, and the name under which the corporation has filed with the
Securities and Exchange Commission):
NAME .. ADDRESS INTEREST ( %)
University of Notre Dame 203 Main Building 100
du Lac Notre Dame, IN 46556 -5602
(b) The following other person(s) lease, intend to lease, or have an option to buy the
Property (include corporate information as required in 5(a) above, if applicable);
2
(Rev 12/29/06)
NAME ADDRESS INTEREST( %)
Innovation Park at Notre Dame, Inc.
Future tenants of Innovation Park
at Notre Dame, Inc.
203 Main Building to be determined
Notre Dame, IN 46556 -5602
203 Main Building to be determined
Notre Dame, IN 46556 -5602
6. The commonly known address of the Property is: No common address is currently
available. The property is located on an approximately 12 -acre site with Edison Road on
the northern boundary, State Road 23 -South Bend Avenue on the southern boundary, and
Twyckenham Drive running through the property as shown on Exhibit A and Exhibit B
hereto.
7. The Key Number(s) of said property is: 17 -1017 -0406;
18- 5102 -3579
8. A legal description of the above address is attached hereto, marked "Exhibit A ", and
incorporated herein.
9. A map and /or plat describing the Property is attached hereto, marked "Exhibit A"
(the Plat) and "Exhibit B" (the Map), and incorporated herein.
10. Photographs of the property, taken within two (2) weeks of filing of this petition, are
attached hereto, marked "Exhibit C ", and incorporated herein.
11. The redevelopment or rehabilitation project itself is expected to create 17 to 23 full -
time and 1 part-time permanent jobs within the first year, representing anew annual
payroll of $1.15 million to $1.45 million and will maintain N/A existing permanent full -
time and N/A existing permanent part-time jobs including existing permanent full -
time minority employment of N/A and existing permanent part-time minority
employment of N/A with an annual payroll of $ N/A . At present, Innovation Park at
Notre Dame, Inc. has no employees.
12. The projected annual salaries for each new position indicated above are estimated to
be as follows (If more space is needed, please attach a separate sheet):
The projected annual salaries for each new position indicated above can be
described as follows:
Park Administration (CEO, 2 Engagement Directors, Marketing Manager, Facilities
Manager and Sr. Administrative Assistant) $550,000
4 to 6 tenant companies with an average of 3 employees each ($150,000 total
salaries per company) $600,000 to $900,000
Total Salaries $1,150,000 to $1,450,000
(Rev 12/29/06)
13. Provide current employment wage information including; base rate, cost -of- living
allowances, hazardous -duty pay, incentive pay including commissions and production
bonuses, on -call pay and tips. Do Not Include; back pay, jury duty pay, overtime pay,
severance pay, shift differentials, non - production bonuses, and tuition
reimbursements (average hourly rate or range):
NOTE: Responses to Question Nos. 13, 14, and 16 are based on information
provided by the University of Notre Dame only, as such information is not yet
available for the other Applicants.
Full -time
Occu ational':Cate o'"
-Avers e.Ahnu Sala
Administrators
Other Professionals
Office Clerical
Support Staff
Administrators
Other Professionals
Office Clerical
Support Staff
$
$
$
$
88,843.03
61,188.66
35,014.10
29,504.57
Total Average 47,887 02 ._.
Part-time
Occu " ational, <C'ate o
:
Avera b" balSaha
Administrators
Other Professionals
Office Clerical
Support Staff
$
$
$
$
35,642.81
28,877.69
14,593.97
12,844.18
Total:Average _ -$ 15,036.38.
14. Indicate whether your company provides the following benefits (use Y /N):
Y Health Care Benefits
_Y _Pension Plan
—Y—Employer Provided Training (recognized or certified training /educational
courses or programs)
Y_ (ECDC)_Day Care (provide or contribute to the cost of child day care for its
employees)
_Y_ (Transpo Agreement)_Transportation Assistance (provide direct or indirect
support and assistance to its employees without private transportation to get
back and forth from residence to place of employment)
_N_Employer- Assisted Housing Program (provide an employer- assisted home
ownership program)
_N_Targeted Hiring Preference (provide hiring preference for residents of
Census Tracts designated by the Community & Economic Development
Dept. that have the highest unemployment or the highest percentage of low
and moderate income individuals).
(Additional information may be requested for verification of the above items)
4
(Rev 12/29/06)
15. List the real and personal property taxes paid at the location during the previous five
years, whether paid by the current owner or a previous owner:
Real Property Taxes (No personal property has been located on the site)
Parcel Number
018- 5102 -3579
017- 1017 -0406
Year
2007
2006
2005
2004
2003
Total - 5 Years
2007
2006
2005
2004
2003
Total - 5 Years
Tax Amount
$ 3,609
3,677
3,494
3,554
3.345
$ 17,679
$ 0
0
0
0
0
17
(this information may be obtained from the St. Joseph County Treasurers office 235 -9531)
All taxes paid by the University of Notre Dame; both properties owned by the University of
Notre Dame for entire 5 -year period. Property taxes for 2008 not yet available.
16. Please list the number of full -time and part-time minority employees for each of the
last three years:
* From University Metrics Staff Counts
17. Does your business maintain an affirmative action plan or other similar plan in order
to achieve racial diversity? If yes, please briefly indicate specific goals, objectives,
and means as designated by your plan:
See information at Exhibit D hereto.
5
(Rev 12/29/06)
2008(8/4)
2007 1116 *
2006 11/6
Full -time I Part-time
Full -time
I Part-time
Full -time
I Part -time
Black
2561 18
2571 17
2651
18
_ Hispanic - -
_ _. 1241 5
- - - - - --
125. 8
- - - - -- - - - - --
-- 111
10
Asian
Indian
Other
1191 17
121 1
1161 17
9 1
109 j 18
71 _
* From University Metrics Staff Counts
17. Does your business maintain an affirmative action plan or other similar plan in order
to achieve racial diversity? If yes, please briefly indicate specific goals, objectives,
and means as designated by your plan:
See information at Exhibit D hereto.
5
(Rev 12/29/06)
18. Indicate whether or not your project meets any of the following criteria (contact
Community & Economic Development Dept. 235 -9335 for information on this section):
No Conversion to residential use of a commercial "Eligible Building" as
designated by the Community & Economic Development Dept.
No Rehabilitation of a building that is either designated as a National Register
or local landmark or is eligible for nomination as one, located in a National
Register or local landmark district, or rated as Outstanding or Significant in
the most recent Historic Preservation Commission county wide survey.
No Rehabilitation and reuse of a property that is designated a Problem
Property by the Community and Economic Development Department
No Pays for the cost of cleaning up a "Brownfield," which is any site, building
facility or complex that has been designated a brownfield by the Community
and Economic Development Department.
No Achieves a physical element identified in a development or revitalization
plan that has been approved by the Council
19. Is your business based upon licensing intellectual property from research conducted at
a public or private university, college, or community college located within St. Joseph
County, Indiana? If yes, please include a description of the research based aspects of
the business (attach additional sheet if more space is needed):
The Innovation Park at Notre Dame is based, in part, on developing and /or licensing
intellectual property from the University of Notre Dame and, possibly, otherarea public
or private universities located in St. Joseph County, Indiana. The research -based
aspects of the business will emerge from a variety of sources, either as the result of a
University license of its intellectual property to a member of the faculty or students for
commercial development or to a third party with an interest to develop the intellectual
property into a commercial venture with the assistance of a faculty- creator of the
intellectual property under the auspices of the Innovation Park and its facilities.
20. Does your business financially support a Municipal Facility (i.e. municipally owned
park, recreation center, cultural, arts, or entertainment facility)? N/A
21. Is your company incurring any of the cost of extension or oversizing of municipal
infrastructure serving the project site? This includes water, sewer, drainage facilities,
wastewater treatment facilities, road and street improvements, street lighting, traffic
control and related public improvements (attach additional sheet if more space is
needed):
The City of South Bend has incurred the costs of extension of municipal utilities to the
project site. The University of Notre Dame is providing all utility infrastructure on the
project site and incurring the costs of connecting such utility infrastructure to the
municipal utilities provided by the City of South Bend. In addition, the University of
Notre Dame funded the improvements to Twyckenham Drive and Edison Road in and
around the property.
6
(Rev 12/29/06)
22. Information is required on the companies through which construction materials will be
purchased for the project. (Please complete the table on page 8 of this application).
Information not available at this time. See response to Question No. 23 below.
23. Information is required on the construction companies that will be utilized for
construction of the project. (Please complete the table on page 9 of this application).
Information not available at this time. It is anticipated that the construction of the
project will be completed through the use of union contractors, a significant portion of
which are anticipated to be local contractors.
24. No building permit has been issued for construction on the property in connection with
the improvement in question as of the date of filing of this petition. (The Property
Owners signature at the end of this application is verification of this statement).
25. The Standard Industrial Classification (SIC) or North American Industry Classification
Systems (NAICS) major group within which the proposed project would be classified,
by number and description:
SIC 8733 Noncommercial Research Organizations
NAICS 541712 Engineering Research and Development Laboratories or Services
26. The Internal Revenue Service Code of Principal Business Activity by which the
proposed project would be classified, by number and description:
541700 Scientific Research and Development Services
27. The current use of the Property is vacant land and the current zoning is U- University.
(This information may be obtained from the Building Department 235 - 9554).
28. Has your business been granted previous tax abatement(s)? If yes, please provide
type (real and /or personal property) and date of approval. N/A
29. Other anticipated public financing for the project including, if any, industrial revenue -
bonding to be sought or already authorized, assistance through the United States
Department of Housing and Urban Development funds from the City of South Bend,
Small Business Association Sections 503 and 504 financing through the Business
Development Corporation of South Bend, Mishawaka, and St. Joseph County, Indiana,
Industrial Revolving Fund, Neighborhood Business Development Corporation,
Corporation for Entrepreneurial Development; or other public financial assistance,
including but not limited to public works improvements.
As stated above, the City of South Bend has incurred the costs of extension of
municipal utilities to the project site. Also, the University of Notre Dame may fund a
portion of the project through a 501(c)(3) bond financing issued through St. Joseph
County, Indiana, however, the University has the sole responsibility for the payment of
7
(Rev 12/29/06)
the debt service on such bonds and no tax revenues are pledged to the payment of
such bonds.
30. The following person(s) should be contacted as Petitioner's agent regarding additional
information and public hearing notifications:
Name: Philip J. Faccenda, Jr.
Address: Barnes & Thornburg LLP
600 1St Source Bank Center
City, State, Zip: South Bend, IN 46601
Telephone: 574 - 237 -1148
31. Please indicate the name, address, and telephone number of the person who will work
with Employment Training Services (ETS) for employee recruitment, and sign the ETS
form attached to the petition if the real tax abatement is for warehouse or industrial
developments. N/A
Name:
Address:
City, State, Zip:
Telephone:
8
(Rev 12/29/06)
WHEREFORE, Petitioner requests that the Common Council of the City of South Bend,
Indiana, adopt a declaratory resolution designating the area described herein to be an
economic revitalization area for purposes of tangible real property tax abatement
consideration, and after publication of notice and public hearing, determine qualifications
for an economic revitalization area have been met, and confirm such resolution. Petitioner
herein hereby verifies that the required $250.00 filing fee to cover processing and
administrative costs pursuant to Section 2 -84.7 of the Municipal Code of the City of South
Bend has been paid in full.
Name of Applicant(s):
Innovation Park at Notre Dame, Inc., for itself and
on behalf of its future tenants
By: '
John A. Sejdina' reasurer
University of-Notre Dame du Lac
By:
John A. Sejdinaj Ice Preside r Finance
(Typed or printed name and capacity of
signor if signed by an agent or representative of the
owner.)
Filed an Cler14's Deice
AUG 1 1 2008
CITY CLERK, So. BEND, IN.
(Rev 12/29/06)
EXHIBIT "A"
LEGAL DESCRIPTION OF REAL PROPERTY AND PLAT
(Rev 12/29/06)
PLAT OF SURVEY
s
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D J\ L Z PART OF THE NW 1/4, & NE 1/4, SEC. 6 -37 -3
DLZ INDUSTRIAL, LLC
PREPARED FOR:
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PREPARED FOR:
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EXHIBIT "B"
MAP OF PROPERTY
(PLEASE SEE ATTACHED)
(Rev 12/29/06)
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(Rev 12/29/06)
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EXHIBIT "D"
EQUAL EMPLOYMENT OPPORTUNITY / AFFIRMATIVE ACTION
Equal Employment Opportunity /
Affirmative Action
Last Updated 12/05
Applies to Administrators, Faculty, Staff, and Students
Related Policies:
• Recruitment, Selection, and Hiring
• Promotion and Transfer
• Summer Employment
Policy
The University of Notre Dame is dedicated to equal employment opportunity and to the
implementation of positive programs designed to ensure the prevention of any discriminatory
practices, either intentional or inadvertent, with respect to race, color, national or ethnic origin,
disability, veteran status, age or sex. The University is totally committed to full compliance with
the letter and spirit of the Civil Rights Act of 1964, as amended; Executive Order 11246, as
amended; the Americans With Disabilities Act of 1990; the Vietnam Era Veterans Readjustment
Assistance Act of 1972; the Rehabilitation Act of 1973; and all other federal and state laws
concerning equal opportunities.
It is the policy of the University of Notre Dame to:
• Recruit, hire, train, and promote persons in all job titles without regard to race, color,
national or ethnic origin, disability, veteran status, age or sex, except where sex is a bona
fide occupational qualification.
• Base decisions on employment so as to further the principle of equal employment
opportunity.
• Ensure that promotion decisions are in accord with principles of equal employment
opportunity by imposing only valid requirements for promotional opportunities.
• Ensure that all personnel actions such as compensation, benefits, transfers, layoffs, return
from layoff, University sponsored training, social and recreational programs, education,
and tuition assistance will be administered without regard to race, color, national or
ethnic origin, disability, veteran status, age or sex.
Procedures
(Rev 12/29/06)
Dissemination of Policy Statement
To ensure that its message is heard, understood and acted upon throughout the University
community, the Equal Opportunity /Affirmative Action Policy Statement is disseminated in the
following ways:
• Through the Officers of the University, who are responsible for monitoring all hiring
within their areas.
• Through representative University committees, such as the Campus Administrators
Advisory Group, the Human Resources Advisory Group, the Staff Advisory Council, the
Staff Affirmative Action Committee, and others.
• Through incorporation into Supervisory Training Series instruction.
• Through inclusion in employee orientation meetings.
• Through incorporation into the Staff Guidebook, this Human Resources Policy Manual,
and any future manuals developed to transmit University policy and practice.
• Through posting on department bulletin boards.
Dissemination of the Equal Opportunity /Affirmative Action Policy Statement
outside of the University is accomplished through the following means
• Incorporation of the equal opportunity clause in all purchase orders, leases, contracts, etc.
covered by Executive Order 11246, as amended, and its implementing regulations.
• Inclusion of the equal opportunity clause in recruiting materials published by the
University, and in advertisements placed in newspapers and magazines.
• Inclusion of the Equal Opportunity /Affirmative Action Policy Statement within the
University's Internet Home Page.
• Inclusion of minority and non - minority men and women in photographic materials used
to advertise the University.
Responsibility for Implementation
While guided by consultation with the Officers of the University, University President (Rev.)
John Jenkins, C.S.C., has the ultimate responsibility for ensuring that equal employment
opportunity and affirmative action receive the high level of priority that is due this activity.
The Director of the Office of Institutional Equity, Jannifer Crittendon, is the Equal Employment
Opportunity Officer for the University and is responsible for the following:
• Developing policy statements, affirmative action programs, and internal and external
communication techniques.
• Assisting in the identification of problem areas.
(Rev 12/29/06)
Assisting deans, directors, department heads and other managers in arriving at solutions.
• Designing and implementing auditing and reporting systems that will measure the
effectiveness of programs and determine the degree to which objectives have been
attained.
• Informing the President and other appropriate officers regarding the effectiveness of plan
implementation.
• Creating and continuing liaisons between the University and minority organizations,
women's organizations, and community action groups concerned with employment
opportunities for minorities and women.
The University's philosophy and policy on equal employment opportunity and affirmative action
are set out in this EEO and Affirmative Action policy.
SBDS02 PFACCENDA 3779010
(Rev 12/29/06)
t Wme
1 1 L \IIv `J
Cif
STATEMENT OF BENEFITS
�4 REAL ESTATE IMPROVEMENTS
alb )+ State Form 51766 (R2 / 1 -07)
+` ,�• Prescribed by the Department of Local Government Finance
This statement is being completed for real property that qualifies under the following Indiana Code (check one box):
• Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4)
• Eligible vacant building (IC 6 -1.1- 12.1 -4.8)
INSTRUCTIONS:
SEE EXHIBIT A FOR TAX
YEARS
FORM SB -1 / Real Property
1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires
information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be
submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. "Projects"
planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6- 1.1 -12 -1)
2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation,
BEFORE a deduction may be approved.
3. To obtain a deduction, application Form 322ERAIRE or Form 322 ERA/VBD, Whichever is applicable, must be filed with the County Auditor by the later of..
(1) May 10; or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown
on the records of the township assessor.
4. Property owners whose Statement of Benefits was approved after June 30, 1991, must submit Form CF -1 1RE annually to show compliance with the
Statement of Benefits. (IC6 -1.1- 12.1- 5.1(b))
5. The schedules established under IC 6 -1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1- 12.1- 4.6(1) for vacant buildings apply to any statement of
benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1,
2000.
SECTION •- •
I hereb y certi fy that the representations in this statement are true.
Name of Applicants
UNIVERSITY OF NOTRE DAME DU LAC, INNOVATION PARK AT NOTRE DAME, INC., AND FUTURE TENANTS
Address (number and street, city, state, and ZIP code)
C/O PHILIP J. FACCENDA, BARNES & THORNBURG LLP, 100 N. MICHIGAN ST., STE 600, SOUTH BEND, IN 46601
Name of contact person
Telephone number
E -mail address
PHILIP J. FACCENDA
( 574 ) 233 -1171
PFACCENDA @BTLAW.COM
SECTION 2 LOCATION AND DESCRIPTION
OF PROPOSED PROJECT
Name of designating body
Resolution number
COMMON COUNCIL OF THE CITY OF SOUTH BEND
Location of property
County
DLGF taxing district number
EDISON RD., ADJOINING TWYCKENHAM DRIVE EXTENSION ON SR 231
ST. JOSEPH
71026
Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary)
Estimated start date (month, day, year)
SEE EXHIBIT A
SEE EXHIBIT A FOR DESCRIPTION OF REAL PROPERTY IMPROVEMENTS CONTEMPLATED BY
PHASES I -IV OF INNOVATION PARK AT NOTRE DAME
Estimated completion date (month, day, year)
SEE EXHIBIT A
SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT
Current number Salaries Number retained Salaries Number additional Salaries
ZERO (0) ZERO (0) NOT APPLICABLE NOT APPLICABLE SEE EXHIBIT A SEE EXHIBIT A
SECTION 4 ESTIMATED TOTAL COST AND
VALUE OF PROPOSED PROJECT
NOTE: Pursuant to IC 6 -1.1- 12.1- 5.1(d)(2) the COST of the property
REAL ESTATE IMPROVEMENTS
is confidential.
COST
ASSESSED VALUE
Current values
ZERO (0)
ZERO (0)
Plus estimated values of proposed project
SEE EXHIBIT A
SEE EXHIBIT A
Less values of any property being replaced
NOT APPLICABLE
NOT APPLICABLE
Net estimated values upon completion of project
SEE EXHIBIT A
SEE EXHIBIT A
SECTION • ■
AND OTHER BENEFITS PROMISED BY THE TAXPAYER
Estimated solid waste converted (pounds) NOT APPLICABLE
Estimated hazardous waste converted (pounds) NOT APPLICABLE
Other benefits:
SECTION •
I hereb y certi fy that the representations in this statement are true.
Signatur orized re resentat' a
Title
Date signed (month, day, year)
a
John A. Sejdinaj
Vice President for Finance
August 8, 2008
Page 1 of 2
We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the
general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for
the following limitations:
A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this
designation expires is
B. The type of deduction that is allowed in the designated area is limited to:
1. Redevelopment of rehabilitation of real estate improvements; ❑ Yes ❑ No
2. Residentially distressed areas ❑ Yes ❑ No
3. Occupancy of a vacant building ❑ Yes ❑ No
C. The amount of the deduction applicable is limited to $
D. Other limitations or conditions (specify)
E. The deduction is allowed for years' (see below).
We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable
and have determined that the totality of benefits is sufficient to justify the deduction described above.
Approved (signature and title of authorized member of designating body)
Telephone number
Date signed (month, day, year)
Attested by (signature and title of attester)
Designated body
' If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a
taxpayer is entitled to receive a deduction to a number of years designated under IC 6- 1.12- 12.1 -4.
A. For residentially distressed areas, the deduction period may not exceed five (5) years.
B. For redevelopment and rehabilitation or real estate improvements:
1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6),
or ten (10) years.
2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years.
C. For vacant buildings, the deduction period may not exceed two (2) years.
Page 2 of 2
SBDS02 TDH 377925vi
FUG i 1 200q-
EXHIBIT A
ATTACHMENT TO FORM SB -I STATEMENT OF BENEFITS
REAL PROPERTY IMPROVEMENTS AND PERSONAL PROPERTY
INNOVATION PARK AT NOTRE DAME
Innovation Park at Notre Dame ( "IP @ND "), in collaboration with the University of Notre
Dame and the City of South Bend, will build and operate incubator facilities to house tenants and
assist them with research and commercial development of new technology -based products and
services. IP @ND will be located on a 12 -acre undeveloped site immediately southeast of the
University of Notre Dame campus, bordering Edison Road, South Bend Ave. (State Road 23)
and the new northern extension of Twyckenham Ave.
Phase I of the development will begin in the early fall of 2008 with the construction of a
facility of approximately 54,000 square feet on three levels, with a reception area, administration
space and incubator facility of approximately 6,000 square feet on the first level. The second
and third levels will be designed as build -to -suit tenant areas for general office space and dry or
wet lab configurations. The expected cost of developing Phase I has been estimated to be in the
range of $10 -15 million.
The plan calls for many of the technology park services to be provided by separately
funded offices and programs, thus permitting IP @ND to be operated by one executive officer
and a small support staff. The entity that will operate Innovation Park at Notre Dame will be
organized as a non - profit Indiana corporation and will seek exempt status under section
501(c)(3) of the Internal Revenue Code. The facilities housing IP @ND will be owned by the
University of Notre Dame and will be leased to IP @ND.
Tenants in.the park are expected to include:
• Start-up companies based on intellectual property or technology platforms emerging from
Notre Dame, or in collaboration with another university or college in the region.
• Start-up companies recruited from other parts of the US or from other countries seeking
to harness the intellectual property or a technology platform at Notre Dame.
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• Liaison offices and/or collaborative laboratory space for separately- funded larger
businesses that have, or wish to have, an ongoing research/technology development
relationship with the University of Notre Dame, and its faculty and students.
• Conceptual development ventures emerging from a University technology platform
pursuing proof of concept prior to company formation and market entry.
• "Surge" space for University research awaiting dedicated campus facilities, or cross -
institutional endeavors with other organizations, e.g., IUSB, Purdue, industry, etc.
IP @ND expects ultimately to cover its lease and operating costs by charging tenants fees
for space and services provided to them. IP @ND reflects the University's long- standing
tradition of service to others, consistent with Fr. Sorin's vision of the University as the:
.... "greatest source for doing good." This vision also reflects the University's position as both a
developing research university and a Catholic university. IP @ND intends to focus on what it
can do well, by harnessing all of the resources available to it and by enlisting capable supporters
and services to make it work. This Vision will be pursued through collaborative activities
undertaken by and through a non - profit corporation formed for this purpose to support its
faculty, students, alumni and others to create constructive links with established enterprises and
to accelerate and/or create viable start-up ventures arising from its research and intellectual
property for eventual accelerated development in Michiana.
University -based research parks typically exist to achieve one or more of the following
outcomes: 1) to advance basic research; 2) to advance technology platforms from basic
platforms; or 3) to develop products and services for commercial sale.
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Innovation Park Focus
IP @ND
ctivitie
Universities Anchor Partners
Corporate "Greenhouse"
Labs
Advanced Product
Research Development Development
New Knowledge Creation Technology Development Product Commercialization
Science Applied Research New Business Creation
The Innovation Park at Notre Dame will encourage the initiation and growth of world -
class research activity on the campus, and in collaboration with other universities and colleges.
The IP @ND will act as a base for technology platform development in addressing basic human
needs, such as water, nutrition, clean air, health, shelter, education, communications,
transportation, energy and the environment. In doing so, the IP @ND will foster and facilitate the
accelerated exploration and development of the commercial applications of these technology
platforms through technology transfer, joint ventures, start-ups, and other avenues with large and
small innovation -based businesses located in Michiana, across the U.S., and around the world.
The mission of the Innovation Park at Notre Dame is to transform research into
marketable enterprises. The IP @ND will accomplish this mission by providing convenient
access to necessary space, administrative services and Internet connectivity in combination with
the active engagement of expert technical support, professional business advice and introduction
to private risk capital. Key outcomes will include the translation of intellectual property into
viable products and services, as well as enhanced research/technology development opportunities
and uniquely valuable educational experiences for faculty and students. At the same time,
IP @ND will not actively provide the means to advance basic research off campus, or to seek to
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become a long -term landlord for start-up or other commercial ventures on this site. But rather
the IP @ND will encourage the continuous development of its core research/technology
platforms and facilitate an accelerated exploration of potential commercial applications, leading
to the transplantation of these enterprises into Michiana for market scale -up.
The Innovation Park at Notre Dame will have five interrelated mission components:
■ A Commercialization Component to nurture and accelerate active consideration of
alternative commercial applications of this technology platform development through
technology transfer, joint ventures, strategic alliances and start-up ventures, with
eventual transfer into Michiana.
■ A Research Component to attract research collaborators and resources needed to increase
the overall levels and impact of world -class research and technology platform
development at the University of Notre Dame.
■ A Community Development Component to create a more dynamic, creative environment
near the campus, in Michiana and beyond.
■ A Sustaining Component to ensure the long -term viability and contribution of the
IP @ND for the University of Notre Dame and the greater Michiana community.
■ An Educational Component in support of the educational mission of the University.
IP @ND's Commercialization Mission Component
IP @ND will seek to identify direct and indirect commercial applications of University
research/technology through collaboration with established corporate or institutional partners and
by nurturing wholly new business venture ideas through a network of business professionals with
deep knowledge of the domain space and projected trends of future needs. This unique multi-
disciplinary approach should lead to wholly new business ideas arising from two or more
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unrelated technology platforms. To accomplish this, IP @ND will provide access to the full range
of services needed to explore innovative applications into the commercial marketplace.
The following resources /services are essential for the support of embryonic companies,
but are currently in short supply in Michiana. Providing access to them, therefore, will be a focus
of our commercialization efforts:
■ Start-up company assistance such as space and shared business services.
■ Ready access to the expertise needed for technological platform development and the
development of alternative business strategies and marketing plans to move a new
venture into the commercial marketplace.
• Ready access to new product development workshops on the campus or in the
community to provide technical assistance.
• Reasonable access to start-up, seed, and later -stage risk capital sources, both local and
national, for innovations showing particular commercial promise and strong potential to
contribute to the Michiana community.
IP @ND's Research Mission Component
IP @ND will strive to attract collaborative research partners to its facilities. Emphasis
will focus on attracting or deepening relationships with commercial and institutional leaders
seeking to leverage the demonstrated research strengths of the University and to develop their
primary technology platforms. Success will be achieved as university research core centers
increase the volume and significance of their research and achieve world -class status. This will
attract interest from industry leaders seeking to develop new or improved technology platforms
for their primary business. For example, the IP @ND expects to collaborate with Notre Dame
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and the Indiana University School of Medicine faculties to create and operate technology
platforms in cancer detection and therapy, with an active effort to identify, develop and introduce
spin -off commercial applications of these platforms in Michiana, ideally in cooperation with
medical industry leaders.
The IP @ND's Community Development Component
IP @ND will have a definite impact on the Notre Dame campus culture and its Catholic
tradition by providing consistent reinforcement of the potential value of implementing research
and teaching into practical use to serve mankind. It will also clearly impact the economic climate
in Michiana and the State of Indiana, through the essential reliance on existing and new
commercial partners to provide mission critical services to IP @ND tenants /clients. These
services will include professional service providers, such as legal and accounting, but also will
extend to other companies offering rapid prototyping and/or manufacturing of critical
components, information technology, biotech materials and other vital business services and
products. In addition, IP @ND will look to the Michiana region as a potential "landing area"
(e.g., the Sample St. corridor in downtown South Bend) to. transplant its start-up clients at the
appropriate stage of development.
The IP @ND's Sustaining Component
The IP @ND will initially rely on grants and private gifts to operate its facilities and
support its programs. Within a 5 -7 year period, however, the Park must be financially self -
sustaining from a variety of sources. Net cash revenues from rents from all tenants of the
IP @ND will be used for current operations. The IP @ND will also seek compensation from its
tenants commensurate with the resources /services provided, or an ownership equity position in
the downstream prospects of its start-up clients inspired and supported through its "greenhouse"
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program. The IP @ND will also seek to establish an operating fund endowment through private
donations, grants or other means. This will be coordinated with the Development team at the
University and community leaders.
The IP @ND's Educational Component
The IP @ND will assist the University of Notre Dame to further its educational mission
by providing opportunities for significantly enhanced research efforts by focusing on:
• technology platform development.
• an enhanced practice -based component for its graduate program and undergraduates
where applicable.
• an increased ability to attract and retain pre- eminent faculty members and their spouses.
• an enhanced ability to attract the top graduate and undergraduate students it seeks.
The IP @ND provides an excellent vehicle to provide enhanced, hands -on educational
opportunities consistent with the University's heritage and reputation without having them
abruptly interrupt more traditional campus curricula and programs.
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The Inputs and Outputs of the Innovation Park at Notre Dame
University Inputs
Research/IP
Real Estate /Facility
Faculty & Students
Gov't Inputs
IEDC Support
City/Project Future
Other support
Business Inputs
Business Network
Venture Funding
Private Donations
Sponsorship
Inputs &Outputs
IP @ND
Primary Outputs
Start- Ups /Jobs in Michiana
New Products /Services
Multiple Commercialization
Pathways
More opportunities for
faculty and students
Enhanced corporate ties
More Patents /IP
The value proposition of the IP @ND for the University of Notre Dame and its
tenants /clients is a combination of three inter - related service functions, coordinated by IP @ND
staff, with a clear focus on technology platform development and the continuous exploration of
commercial applications of these platforms. These services constitute a virtual ecosystem and
include:
• Effective engagement with University resources, such as research faculty and
students and the assets of the University entrusted to these individuals, to
facilitate technology platform development arising from existing and new basic
research on the campus.
Page 8 of 23
• Access to a broad and deep network of professional experts with established
credentials in a number of emerging and established business domains.
• Reasonable access to start-up and seed capital on both the local and national level,
and later -stage capital for more established emerging growth ventures.
Effective and efficient provision of these services reflects the critical success factors of
the IP @ND. It is imperative that the IP @ND facilities and resources, including the website and
access to the St. Joe Valley Metronet, a state -of -the -art, vendor - neutral telecommunications
infrastructure consisting of a 40 -mile network of fiber -optic cable providing a high -speed data
network with virtually unlimited bandwidth, are conceived and executed to enable technology
platform development and the exploration of commercial applications from within the park.
We anticipate several different classes of tenants /clients in the IP @ND facilities:
• Start-up companies based on the intellectual property or technology platforms emerging
from existing or new research, led by faculty, graduate students, alumni, staff and parents
(defined as possessing Notre Dame DNA).
• Start-up companies recruited from other parts of the US or from other countries, with the
expressed intention to leverage the University of Notre Dame research/technology
platforms, intellectual property, faculty and students and other assets.
• Liaison offices and/or collaborative laboratory space for separately - funded larger
commercial enterprises that have, or wish to have, an ongoing research relationship with
the University of Notre Dame (e.g., Boeing or Zimmer).
• Space for conceptual exploration, development and demonstrated proof of concept of
innovative entrepreneurial initiatives ( "greenhouse ") emerging from one or more
technology platforms.
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• Space for cross - disciplinary University research activities, either solus or in combination
with other universities and colleges, such as IUSB's proposed cancer center or cadaver
labs, potentially leading to new start-up ventures.
• Space for expanded University research activities, particularly activities close to
translation, as "surge" space until new facilities become available on campus.
• Offices for operation of separately- funded enterprises or programs that support start-up or
emerging growth companies (e.g., angel investment groups, private equity, venture
capital, etc.).
• Companies /organizations that provide business or technical support services for the
research offices or start-up companies in the park (e.g., procurement, engineering
support, etc.).
• Technology transfer related offices or special collaborative laboratories of Notre Dame
The Innovation Park at Notre Dame and its staff members will host, support, sponsor,
initiate or operate a number of separately- funded programs that support the accomplishment of
the mission of the IP @ND. We anticipate that the focus of these programs will fall into the
following categories:
• Recruitment of suitable tenants to IP @ND space and clients interested in engaging
University research, faculty and/or graduate students for technology platform
development.
• Fast -track assistance to identify and engage available University assets, intellectual
property and faculty or students on a market -fee basis.
Page 10 of 23
• Assistance in networking with industry or domain experts who can provide relevant
knowledge and advice to help identify potential new uses of technology platforms and to
help guide new ventures emerging from these platforms.
• Assistance in having reasonable access to seed or start-up capital from local, national and
other sources.
• Consultation on technology transfer, IP protection and other commercialization
assistance, such as product or graphic design, and prototype development.
IP @ND will explore and accelerate the development of a promising new venture through
the "Greenhouse ". Similar in some respects to the widely publicized "Y Combinator" program
in Boston and California, our approach extends beyond software and web services to science,
engineering and other fields. Working with third party seed stage investors (e.g., Fish Taco
Ventures), the plan is to quickly identify those ventures with significant commercial promise to
fast -track its development with expert professional advice and support.
The facilities will be built by Notre Dame and will be leased to IP @ND by the
University. The gifts and grants will provide sufficient equity in the facility to support debt if
needed. The IP @ND will sustain itself on a permanent basis by charging market -based fees for
space and added value administrative services provided to clients /tenants, by sponsorship of
"greenhouse" activities through private gifts and commercial sponsor tie -ins (e.g., professional
service providers), and by possibly taking an equity position in the downstream prospects of its
"greenhouse" clients into an operating endowment fund.
The proposed organizational structure for the IP @ND and the individuals and groups
charged to carry out the mission of the IP @ND are illustrated in the following chart and
explained in the following paragraphs.
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Organization Chart for the Innovation Park at Notre Dame
Board of Directors
Of IP @ND
Advisory
Committees
President/CEO
Of IP @ND
IP @ND Staff _ _ _ _ _ _ Specific Funded Programs
(employees of ND) (e.g., INmigration)
The Chairman of the Board of Directors is Dr. Thomas Burish, the Provost of the University.
The IP @ND will be managed by David Brenner, as Director of the IP @ND and an employee of
the University. The University will lease his services to the IP @ND as President and CEO when
the corporation is in operation. In this role, David Brenner will be responsible for all of the
activities of the IP @ND including planning, budgeting, program development, fundraising,
personnel, oversight of all imbedded program activities, etc. He will report to Dr. Burish as an
employee of Notre Dame and to the Board of Directors of the corporation. Any other future full -
time IP @ND staff will be employees of the University of Notre Dame and leased to the
corporation.
Several Advisory Committees may be established as determined by the Board of
Directors with the counsel of President/CEO. These committees may include Innovation
Strategy, Domain Knowledge and Venture Capital. The function of these committees will not be
to govern or make decisions for the IP @ND, but to provide input, opinion, and data to inform
policy decisions of the Board of Directors and operational decisions of the President/CEO. It is
anticipated that each member of the Board will serve on at least one of these committees and that
at least one Board member will be on each committee to serve as liaison between the committee
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and the Board. Other members of the advisory committees will bring a diverse, worldwide
perspective to the issues and opportunities facing the IP @ND. The IP @ND President /CEO and
staff will provide administrative support for the operation of these committees.
The Coordinators of Specific Funded Programs are the persons who lead and manage
various separately funded programs operated from within the IP @ND. A specific program
example might be The INmigration Program to recruit ND- related companies to the park. The
directors of these specific programs would not be IP @ND employees. In many cases, they could
be faculty members or administrators from collaborating colleges in the region or business
professionals. In any case, their positions will be funded from the specific grants and/or by the
organization they represent and any assets and liabilities of the specific programs would rest with
the grantees.
The principal objectives of the IP @ND are to:
• Facilitate and enhance the impact of research activities at the University of Notre Dame,
to foster accelerated technology platform development, either with established
commercial interests or via new start-up ventures, to satisfy basic human requirements.
• Explore and exploit multiple pathways for commercial applications of existing or new
technology platforms emerging from the University of Notre Dame, or in collaboration
with other universities or colleges (e.g., IUSB, Purdue, SMC, etc.).
• Create experiential educational opportunities for faculty, graduate and undergraduate
students, staff and others affiliated with the Innovation Park.
• Facilitate the transplantation of viable new ventures into the Michiana area.
The fundamental operational strategies of the IP @ND are to:
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• Leverage the existing and future intellectual property, technology platforms and human
resources (faculty, students, and alumni) of the University of Notre Dame and its
collaborative partner universities, corporations, governmental institutions [e.g. NIH,
DOD, etc.] and other organizations.
• Leverage the University's extensive worldwide network of alumni, donors, investors, and
friends offering access to world -class knowledge, experience and industry contacts in
virtually every market sector.
• Achieve Certified Technology Park status with the State of Indiana enabling portions of
tax revenues generated by tenants to be reinvested into the park and used for
improvements, operation and maintenance of facilities.
• Work with local community organizations to prepare a suitable "landing area" for
graduated companies emerging from the IP @ND.
• Take appropriate steps to achieve self - sustainability of the IP @ND within five years.
The creation and successful operation of the Innovation Park will be a collaborative effort
led by the University of Notre Dame with these entities: the City of South Bend, Indiana
University -South Bend, Indiana University School of Medicine, St. Mary's College, Bethel
College, Ivy Tech State College, Holy Cross College, the various campuses and centers of
Purdue University, the State of Indiana (especially the Indiana Economic Development
Corporation), Michiana corporations, Michiana medical institutions (especially Memorial
Hospital, St. Joseph Hospital and South Bend Clinic), and philanthropic organizations and
individuals from inside and outside of Michiana. At this time only preliminary discussions have
been held, and only with some of the potential collaborating organizations. While those we have
contacted have been enthusiastic about the plan, no commitments have been requested or made.
The target of 200,000 square feet for the office and research facilities in the park, the
need for such a park, and its particular general focus, is derived from the research efforts and
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advice contained in a report by Hammer Siler George Associates that was commissioned by the
University of Notre Dame, the City of South Bend and Project Future in 2003 -2004. The overall
size of the IP @ND is small when compared to the typical university research park. In 2006, the
Association of University Research Parks reports, based upon responses from 70 parks, that the
size of such parks ranged from 4.5 to 7,000 acres; the median size was 115 acres and the average
size was 505 acres. Clearly, the IP @ND will be among the very smallest of the parks in terms of
land size.
The relatively small size of the IP @ND provides some significant advantages for the
University of Notre Dame and for the communities in the Michiana region. It discourages
serious consideration of the IP @ND for basic research, yet provides space for serious
exploration and development of technology platforms created through research on the campus or
in collaboration with other universities or colleges. Also, the need for additional buildings and
sites in Michiana is appropriate to expand the "virtual' capacity of the park and/or to provide
space for entities that outgrow the space or the purposes of the IP @ND. In contrast with the
larger research parks, the IP @ND will not become a competitor with the private sector as a real
estate landlord; in fact the IP @ND becomes a generator of potential tenants for private or public
developments in the communities of the region, as well as the remainder of the State.
Relative to the other options considered, the advantages of this particular arrangement
include the following:
• the clear objective to commercialize University research and to bring in potential new
businesses, both to the economic development benefit of Michiana.
• an additional opportunity for the IP @ND not - for - profit corporation to obtain tax -
deductible gifts /grants to cover costs of facilities, infrastructure and program operations.
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• a rallying point to encourage the independent private and venture capital consideration of
market -ready "graduates" of the IP @ND.
It is currently anticipated that the construction of the IP @ND facilities will be in three to
four stages or phases. A comprehensive master facilities plan for the entire park has been
completed, allowing for relatively expedited expansion to additional facilities should the need
arise. Building A, a/k/a "Phase I" (approximately 54,000 gross square feet) will be occupied by
tenant companies, organizations, and program offices that are able to pay the rents and other
service charges associated with the park either with cash or equity as the situation warrants.
These tenants are expected to include some investor - funded start-up companies. This facility
will provide the main common areas and meeting facilities for the park, as well as "greenhouse"
space for the active exploration of alternative commercial applications of University technology
platforms. It is currently anticipated that personal property in the form of research and
development equipment and information technology equipment with a total cost of no less than
$500,000 will be installed in Building A within the first five years. The research and
development equipment will consist of laboratory equipment, computers and computer software,
telecommunications equipment, testing equipment, and other research and development
equipment. The information technology equipment will consist primarily of equipment and
software used in office automation, telecommunication facilities and networks, informatics,
network administration, software development and fiber optics. Future facilities will be
primarily focused on providing tenant office and lab space, with these tenants utilizing the
principal common areas in Building A. Planning for construction of Building A began in mid -
2007, with construction anticipated to be initiated in the 3rd Quarter of 2008 and construction
completed in no more than two years thereafter.
Following the completion of Building A, we expect a sequence of two to three additional
structures (Buildings B, C and D, a/k/a "Phases II, III and IV ") to be constructed at
approximately two- to three -year intervals. We expect that the tenant base of Buildings B, C and
D will include the same general mix of clients found in Building A with an increased percentage
of technology platform start-up companies. The specific features, size and targeted tenants of
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each successive building will be determined by market conditions at the time and the experience
we gain through operation of the prior IP @ND buildings. Therefore, the estimates for the
building construction for Phase I through Phase IV of the development would be a minimum of
54,000 square feet to a maximum of 200,000 square feet (after project completion), at a cost of
$10 million to $60 million (after project completion).
Along with additional space of the type in Building A, Buildings B, C and D may house
wet and/or dry laboratories for facilities and/or equipment requiring special security, special
utility services, etc. The initiation and/or completion of the stages of Park development could, of
course, be accelerated considerably if donors and/or tenants are identified who will underwrite
the construction and operating costs associated with the facilities, or if pre - leasing activity for
Building A is particularly strong.
The implementation plan for the Innovation Park at Notre Dame will be phased in to
reflect the need for temporary facilities until Phase I/Building A is completed, as described
below. The Director of the IP @ND will commence active recruitment of prospective park
tenants and clients, assist the University Facilities Management team in completing Building A
design and initiate construction, and work closely with the City of South Bend, State of Indiana,
Federal agencies, Notre Dame Development and others to secure Certified Tech Park status and
funding for the facility and operation of IP @ND. To this end, a top priority will be the
development and implementation of an effective and impactful website to promote IP @ND, by
reaching out to those with the interest and motivation to pursue entrepreneurial activity in
concert with existing or new intellectual property, technology platforms and human resources at
the University of Notre Dame or its partner institutions, consistent with its vision.
to:
Other activities to be undertaken by the staff of the IP @ND include, but are not limited
Page 17 of 23
• Introduction of the IP @ND mission and plan to the entire Notre Dame faculty, with their
ideas for projects solicited and catalogued by student - interns leased to the IP @ND by the
University, and ranked or rated for commercial potential by industry experts.
• Solicitation of key prospective companies within 200 miles for interest in the IP @ND
facility and opportunity to collaborate with ND faculty and students on technology
platform development research and/or commercial projects.
• Active pursuit of the most promising identified research / commercialization
opportunities as quickly as possible.
• Hosting innovation seminars, conferences and workshops on strategy, business models
and go- to- market strategies for faculty, students, alumni and the community with industry
experts and companies, funded by the participants with third party sponsorship.
• Recommendation and implementation of one or more high profile recognition programs
for faculty / students for their work to advance innovation at Notre Dame in the service of
mankind.
• Ongoing promotion to publicize /promote IP @ND and its programs, progress and
accomplishments.
• Soliciting local agencies involved or supporting entrepreneurial activity in Michiana,
such as the SBDC, for ideas to support IP @ND, with their suggestions catalogued, rated
for potential with the best ideas implemented as soon as possible.
• Hosting "Silicon Valley- style" networking seminars and mixers for faculty /students /staff,
local entrepreneurs, investors, agencies and other interested parties, including the Irish
Angels network and other similar ND organizations, such as the ND Alumni Association
and the Dooley Society.
Page 18 of 23
Those expressing a strong desire for immediate space in the IP @ND will be offered
temporary accommodation and services in a nearby location in downtown South Bend. Very cost
competitive office space with convenient access to the campus is readily available. It can also be
easily connected to the Metronet offering unsurpassed broadband access to the internet. Those
ventures requiring wet or dry lab facilities will be accommodated in other facilities retrofitted to
their particular needs on a short-term basis, either through portable wet lab stations or leased
facilities in under - utilized laboratory facilities in the Michiana area.
Following the initial facility opening, all contracted offsite tenants will be moved to the
new building, with new tenants and clients filling the remaining space. This first phase will
provide administrative offices, common meeting and refreshment areas, and up to 6,000 sq ft of
"greenhouse" space on the ground floor for conceptual development of innovative
entrepreneurial start-ups resulting from collaborative imagineering by faculty, students and
others within the Irish Angels network, the ND alumni support organizations and interested
third -party organizations, e.g., IDEO. The upper floors will provide office space and workshops
for "anchor" tenants (defined as world -class commercial enterprises with an established research
relationship with Notre Dame and its faculty), separately funded seed and later -stage start-ups
requiring office and laboratory facilities (e.g., wet or dry lab), and other separately- funded
organizations supporting entrepreneurial activities, e.g., Fish Taco Ventures, venture capital
firms, specialty procurement service providers and similar.
Key measures of early successful progress will include, for example:
• the increase in invention disclosures transformed into active ventures.
• the number of multi - disciplinary or technology platform collaboration projects directly
involving IP @ND underway or completed.
Page 19 of 23
• the quantity and profile of third party risk capital invested in new ventures involved with
IP @ND.
• the number of IP @ND internships and projects completed or underway with
undergraduates and graduate students.
• projected utilization of Phase I facility at or near capacity within one year of opening.
• number of graduating companies emerging from the park into Michiana.
• new contracted agreements for future facilities.
• the projected sustainability track of IP @ND through identified and/or committed funding
sources.
• the quantity and quality of publicity and recognition received from authoritative entities
for the IP @ND's service in pursuing useful applications of research.
The IP @ND will be a park designed and managed by experienced entrepreneurs for the
benefit of new entrepreneurs. Unlike other university -based research parks, most full -time
employees of the IP @ND should have prior entrepreneurial experience, enabling them to more
readily understand and respond to the anticipated tenant needs. Other skill sets may well include
those with former faculty experience to help guide the process through channels. Wherever
possible, the IP @ND will seek to utilize current undergraduate students and graduates to handle
routine duties, allowing the more experienced full -time staff to focus on recruiting and
counseling new tenants and clients in their efforts to advance their particular ventures. The
staffing of the Innovation Park at Notre Dame will reflect the anticipated services to be provided
to tenants and clients.
Initial full -time staffing of the IP @ND is expected to include:
Page 20 of 23
• President / Chief Executive Officer (CEO) presently the Director.
• Engagement Director(s)— Client Services to help recruit tenants, clients and projects to
the park and provide ongoing counsel to tenants as their venture progresses.
• Engagement Director — Private Sector to interface-with third party business and domain
thought leaders and equity capital sources (angels, VC, PEG).
• Interactive Marketing Manager to manage marketing activities and to assist in
fundraising activities.
• Facility Administrator /Coordinator to service tenant/client facility needs.
The projected annual salaries for the positions indicated above are estimated to be as
follows:
Park Administration (CEO, two Engagement Directors, Marketing Manager, Facilities
Manager and Sr. Administrative Assistant) approximately $550,000, to be employees of the
University of Notre Dame.
4 to 6 tenants, with an average of 3 employees each (approximately $150,000 total
salaries per tenant), which would compute to an estimated range of approximately $600,000
to $900,000.
Total Salaries, therefore, are estimated to be in the approximate range of $1,150,000 to
$1,450,000 after Phase I has been completed, fully developed and occupied. As mentioned
above, the tenant base for Buildings B, C and D is expected to be the same general mix of clients
as found in Building A, and therefore, the estimated employment figures and annual salaries for
Phase I through Phase IV of the development would be a minimum of 17 employees with
approximate annual salaries of $1,150,000 to a maximum of 77 employees (after project
completion) with approximate annual salaries of $4,150,000 (after project completion).
Given the nature of this development, these are merely estimated ranges of wages that
would be paid under one future scenario, involving the full occupancy of Phase I. The
University of Notre Dame and related sources are funding the construction of Phase I based on
Page 21 of 23
the anticipated successful completion of the business plan of IP @ND, with the realization that
the estimates and ranges expressed herein are projections and not promises of future events. The
actual future performance of IP @ND, including the development of Phases II, III and IV, the
timing and cost of such future development, the nature of future tenants and occupancies of the
facilities at IP @ND, and the number of employees working for IP @ND and its tenants and
occupants and their wages, are all based on future events which cannot be known or assured,
including the general economic, social and technological circumstances that impact the market
demand for the space and services offered by IP @ND. It is currently anticipated that Phases II
through IV will involve approximately the same size, quality and cost of construction as Phase I,
and that the estimated range of tenants' employment and wages paid in Phases 11 through IV
would likewise be approximately commensurate with that involved in Phase I. Investments by
IP @ND and its tenants in new research and development equipment and new information
technology equipment in Phases II through IV is currently expected to be in approximately the
same range as is expected for Phase I. Depending on future events, Phases II through IV may or
may not be developed in accordance with the current plan, and such development may or may
not occur in accordance with the anticipated schedule described in IP @ND's plan and herein.
Under the current plan, it is anticipated that Phase I will reach a self - sustaining level of
performance by the end of year five (5) of operations. This is predicated on the identified
funding sources materializing with essentially full occupancy of the first building. Lease rates
and anticipated expenses have been derived on prevailing and projected rates at other parks (e.g.,
Indiana University, Missouri, Purdue and Kalamazoo) and best available data for comparable
facilities in or near South Bend. Staffing is anticipated to remain stable until a second facility is
needed. The first building is anticipated to be approximately 54,000 square feet because a
building of this size provides the capacity to include a- wide range of tenant sizes and types in
our initial facilities, as benchmarked with the parks at other universities and locations. Different
scenarios and arrangements are easily adopted as various funding opportunities materialize.
Summary of the Project and Overall Nature of the Operations
Page 22 of 23
The Master Plan anticipates three additional buildings to be phased in between 2010 and
2018 as demand increases. The future phases are expected to include a free - standing addition to
the first building (Phase II) followed by two additional separate buildings (Phases III and IV) on
the main site. A further facility may also be added on the additional two -acre site on the east
side of Twyckenham Drive. The first building (Phase I) will be the main gathering area for the
entire park, and provide most of the essential common areas, conference facilities and training
resources. The Innovation Park at Notre Dame will encourage the initiation and growth of
world -class research activity on the campus, and in collaboration with other universities and
colleges. The IP @ND will act as a base for the technology platform development in addressing
basic human needs, such as water, nutrition, clean air, health, shelter, education,
communications, transportation, energy and the environment. In doing so, the IP @ND will foster
and facilitate the accelerated exploration and development of the commercial applications of
these technology platforms through technology transfer, joint ventures, start-ups, and other
avenues with large and small innovation -based businesses located in Michiana, across the U.S.,
and around the world.
The IP @ND will accomplish this mission by providing convenient access to necessary
space, administrative services and Internet connectivity in combination with the active
engagement of expert technical support, professional business advice and introduction to private
risk capital. Key outcomes will include the translation of intellectual property into viable
products and services, as well as enhanced research/technology development opportunities and
uniquely valuable educational experiences for faculty and students. At the same time, the
IP @ND will not actively seek to become a long -term landlord for start-up or other commercial
ventures on this site. Instead, the IP @ND will encourage the continuous development of its core
research/technology platforms and facilitate an accelerated exploration of potential commercial
applications, leading to the transplantation of these enterprises into the Michiana community.
SBDS02 TDH 3779490
Page 23 of 23
Ls f
Thursday, August 14, 2008
Mr. Timothy Rouse
President
South Bend Common Council
227 W Jefferson Blvd Suite 400 S
South Bend IN 46601
RE: Alley Vacate Ordinance
Dear President Rouse:
I respectfully request the Common Council of the City of South Bend's favorable action
on the Ordinance to vacate the following described property: The first Norhl /South alley
West of Dr. Martin Luther King Blvd from W Washington St North to the first East/West
alley for a distance of 198 feet, more or less, and a width of 8 feet, more or less. Being a
part of Dunbar's Subdivision of Bank Outlots 31 and 32, City of South Bend, Portage
Township, St. Joseph County, Indiana.
I wish to thank the Council for it's time and effort in this matter.
%YVI�.I
Filed In Clerk's 0:6109
AUG 1 4 2008
JOHN VOORDd
ClYY CLERK, RC. BEND, IM.
ORDINANCE NO.
AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
The first North /South alley West of Dr. Martin Luther King Blvd
from W Washington St North to the first East /West alley for a
distance of 198 feet, more or less, and a width of 8 feet, more
or less. Being a part of Dunbar's Subdivision of Bank Outlots
31 and 32, City of South Bend, Portage Township, St. Joseph
County, Indiana.
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code Section 36- 7 -3 -12, the Common Council is charged with
the authority to hear all petitions to vacate public ways or public places within the City.
The following Ordinance vacates the above described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The first North /South alley West of Dr. Martin Luther King Blvd
from W Washington St North to the first East/West alley for a
distance of 198 feet, more or less, and a width of 8 feet, more
or less. Being a part of Dunbar's Subdivision of Bank Outlots
31 and 32, City of South Bend, Portage Township, St. Joseph
County, Indiana.
Hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of
all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any
facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer,
surface water control structures and ditches, within the vacated right -of -way, unless such
rights are released by the individual utilities.
SECTION III. The following properties may be injuriously or beneficially affected by
such vacating:
Lot Number. 3 of Dunbar's Sub of Bank Outlots 31 & 32
Kev Number: 18- 1025 -1058
Lot Number: 2 of Dunbar's Sub of Bank Outlots 31 & 32
Key Number: 18 -1025 -1060
Section IV. The purpose of the vacation of the real property is
To reverse City of South Bend, Board of Public Works
Condemnation Resolution Number 70, adopted January 9,
1923 entitled: Opening of an Alley in Dunbar's Subdivision of
Bank out lots 31 and 32. Thus allowing the property described
in Section 1 to be consolidated into Lot 2 Ex 8 Ft W Side Alley
Dunbar's Sub Bol 31 (Key Number 18- 1025 -1060) returning
this parcel to it's original dimensions and legal description: Lot
2 Dunbar's Sub Bol 31.
SECTION V. This ordinance shall be in full force and effect from and after its
passage by the Common Council and approval by the Mayor.
Attest:
City Clerk
I- u3 4
Member of the Common Co ncil
vigeing
qpoaunitj
cound adG", Or, tt 1 i t
Presented by me to the Mayor of the City of South Bend, Indiana on the
day of , 2 , at o'clock
Approved and signed by me on the
o'clock . M.
1 st READING f—Z- -- O it
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED.
PASSMD
City Clerk
day of
Mayor, City of Sout
,2 ,at
f-Ifid f6 drerk's Office
AUG 14 2008
jOHi$ 1.100RDE
CITY CLERK, SQ. B €IM, IN.
PETITION TO VACATE PUBLIC RIGHTS -OF -WAY
(STREETS /ALLEYS)
TO THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
DATE: O CS — /-1/—
I, THE UNDERSIGNED PROPERTY OWNER, PETITION YOU TO VACATE:
A. THE ALLEY DESCRIBED AS:
THE FIRST NORTH /SOUTH ALLEY WEST OF DR. MARTIN LUTHER KING BLVD FROM W. WASHINGTON ST
NORTH TO THE FIRST EASTIWEST ALLEY FOR A DISTANCE OF 198 FEET, MORE OR LESS, AND A WIDTH
OF 8 FEET, MORE OR LESS. BEING A PART OF DUNBAR'S SUBDIVISION OF BANK OUTLOTS 31 AND 32,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
B. THE STREET DESCRIBED
DIRECTLY WEST OF 807 W WASHINGTON ST
ADDRESS
807 W WASHINGTON ST
SOUTH BEND IN 46601 -1438
RETURN TO:
OFFICE OF THE CITY CLERK
JOHN VOORDE, CITY CLERK
ROOM 455- COUNTY -CITY BUILDING
SOUTH BEND, IN 46601
574 - 235 -9221
CONTACT PERSON
NAME: JAMES E BOGNAR
LOT #
#2 of Dunbar's Sub of
Bank Outlots 31 & 32
Key #: 18- 1025 -1060
ADDRESS: 807 W WASHINGTON ST
SOUTH BEND IN 46601 -1438
PHONE: 574 - 233 -6191
Property Owners Of Record
Northern Indiana Historical Society
808 W Washington St
South Bend IN 46601
Key Numbers: 18- 3054 -2085, 18- 1042 -1822, 18- 1025 -1058
Vera Brown
110 LaPorte Ave
South Bend IN 46616
Key Number: 18- 1025- 105701
Dennie Schrock
219 N Elder
Mishawaka IN 46544
Key Number: 18- 1025 -1057
Historic Dunbar Corner Partnership
914.LWW
South Bend IN 46616
Key Number: 18- 1025 -1069
Danny & Lisa K Phillips
AKA: Lisa K Bognar
AKA: Paul M & Lisa K Bognar
832 W Colfax Ave
South Bend IN 46601
Key Numbers: 18- 1025 -1070 (Lisa K Bognar), 18- 1025 -1071 (Paul M &
Lisa K Bognar), 18- 1025 -1072 (Danny & Lisa K Phillips)
1
Lee F and Janice L Barnhart
828 W Colfax Ave
South Bend IN 46601
Key Numbers: 18- 1025 -1073 and 18- 1025- 107401
Thomas F & Jan A Kaade
820 W Colfax Ave
South Bend IN 46601
Key Number: 18- 1025 -1075
John Freidline
108 N Main St STE 711
South Bend IN 46601
Key Number: 18- 1025 - 106201
Pa
d3J
18- 1025 -1071
1025 -1055
18- 1025 -1068
18 -1025 -1069
18- 1025 -1084
18 -1025 -1063
\ 18- 1025 -1067
2 -1821
105701
18-1042 -1822
18 -1025 -1072 1 118-1025-1073
18 -1025 -1070 I \R
18 -1025 -1058
a'
a/ft
e'
18- 1025 -10M
1 4 18- 1025 -1075
L
18.1025 -1061
Washington St.
1 8- 3054 -2085
The alley to be vacated is the first North /South alley West of Martin Luther King Blvd from Washington Street North to the
first East /West alley for a distance of 198 feet, more or less, and a width of 8'. Being a part of Dunbar's Subdivision of
Bank Outlots 31 and 32, City of South Bend, Portage Township, St. Joseph County, Indiana.
1516 COUNTY-CITY BUILMNG
227 W JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOAS OF PUBLIC WORKS
June 23, 2008
Mr. James Bognar
807 West Washington Street
South Bend, Indiana 46601
PHO\*E 574/ 235-9251
Rc% 574/ 235 -9171
TDD 5574/ 235 -5567
RE: Alley Vacation — First North /South Alley East of LaPorte Avenue, North from
Washington Street to the First East/West Alley between LaPorte Avenue and Chapin
Street
Dear Mr. Bognar:
At its meeting on June 23, 2008, the Board of Public Works reviewed your petition to
vacate the above alley. Favorable recommendations were submitted from the Engineering
Division, Community & Economic Development, Area Plan Commission, and Police
Department.
The Fire Department stated the section of North/South alley is one of two means to get to
structures at the cross alley paths. There are large garages there. The hydrant is on Washington
near the alley entrance and Colfax on the North end of the alley. It will make it very hard to
extinguish fires if the vacation happens.
The Board of Public Works has given its' approval of your petition to vacate the alley,
based on your statement at the June 23, 2008 meeting agreeing to a Blanket Access Agreement
for all emergency vehicles to have access to the properties located on the alley in the case of any
emergency.
You will need a radius map showing properties within 150.' of the proposed vacation and
an executed Cross Access Agreement for your petition to the Common Council. Please
contact Tony Molnar at (574) 235 -9254 prior to pickinz up your radius man
Once this concern is addressed and you have the radius map, proceed to the City
Clerk's office for your alley vacation packet. Once you return the petition to the City
Clerk' s office, they will forward a notice of First Hearing, upon which the Board of Public
Works will forward their recommendations to them.
incerely,
Linda M. Martin, Cle
GARYA. GILOT, P.E. CARL P. LITTRELL, P.E. DONALD E. INKS
PRESIDENT MEMBER MEMBER
INTER- OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: ,earl Littrell, Engineering Department
:,.,..John Byorni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
t C ris Dressel, Community & Economic Development
mob Mathia, Community & Economic Development
L,,Rederico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO (irbettin(c nisource.com or 284 -2220 fax) For Informational
Purposes Only
FROM: Linda M. Martin, Clerk;
RE: Request for Recommendation - Alley Vacation
Location: First North /South Alley East of LaPorte Avenue, North from
Washinaton Street to the First East/West Alleftetween LaPorte Avenue and
Chapin Street Lk_ ,
(Preliminary Review) � Iv 1.
DATE: April 1, 2008 6t (p L i k `t) z
DUE: April 7, 2008
FAX OR E -MAIL TO: 235 -9171. / Imartin(nD_southbendin.gov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
BY: DATE:
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NA R TAX SERVICE INC
* Accounting / Payroll Services * Income Tax Preparation
f 807 West Washington Street • South Bend, Indiana • 46601 -1438
Phone: (574) 233 -6191 Fax: (574) 232 -9655
__._......._..__.._.... ..... ._._.. _ _.......__.
Monday, June 23, 2008
City of South Bend
Board of Public Works
1316 County -City Building
227 W Jefferson Blvd
South Bend IN 46601 -1830
RE: Board Meeting of Monday, June 23, 2008
Recommendations, Section 9, Point H
"Alley Vacation -First North /Soutli Alley East of LaPorte Avenue, Nortlrfrom Washington
Street to the first East/West Alley between LaPorte Avenue and Chapin Street."
Dear Board of Public Works:
I wish to express my appreciation to the Board for placing this issue on y our agenda. As the
petitioner it is important to provide timely and accurate information regarding this request. I
believe that all parties involved in this matter need to be frilly vetted. I do not take this request
lightly.
The alley in question is exactly 8 foot wide and was created by this Board on January 9, 1923
(Condemnation Resolution No. 70). The purpose of this alley was to provide connection with
other alleys to allow city children a path to Colfax School on Lincoln Way West. The alley is to
narrow for public service vehicles (Ambulance, Fire, and Solid Waste) and the connection at the
junction of east/west north/south point is not a "true plus" design. The alley is a safety hazard for
children as those autos that can use the alley cannot see pedestrians on foot.
Several weeks ago I was made aware of concerns the South Bend Fire Department had with the
vacation issue. I was not present when the Fire Department preformed their preliminary review
on April 2, 2008. Upon studying the document I contacted the Fire Department and requested
that we have a meeting to review their comments and reconunendations. On Thursday, June 12,
2008 I met with the Fire Department representative, Assistant Chief Federico Rodriguez to
review his concerns. He focused on issues relating to strictures that are setback from the street
and possible limitations with fire hydrants.
I am concerned that the Board of Public Works may be uncomfortable with this matter because
of the Fire Department's concerns. I believe it is important that the Board make a positive
recommendation on this matter and that there are always ways to improve an original request.
B 0 A R TAX SER VICE INC
Accounting / Payroll Services Income Tax Preparation
807 West Washington Street • South Bend, Indiana • 46601-1438
Phone: (574) 233-6191 Fax: (574) 232-9655
The alley in question is surrounded by open area, a grass lot on one side (where the fire hydrant
is located) and a parking lot on the other. When considering the totality of the area there are very
few, if any, alley vacations with as many access points. In the unfortunate event that emergency
personnel were called to react to a fire, equipment would have ample access to both space and
direct hose line.
Should the Board see fit to give this request a favorable recommendation any further action will
include an access easement for emergency vehicles and personnel.
I again thank the Board for it's time and effort in this matter.
71
2
TO: Carl Littrell, Engineering Department
John Byorni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
Bob Mathia, Community & Economic Development
Federico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO (lrbettinQnisource.com or 284 -2220 fax) For Informational
Purposes Only
FROM: Linda M. Martin, Clerk�ry "�-�
RE: Request for Recommendation - Alley Vacation
Location: First North /South Alley East of LaPorte Avenue North from
Washington Street to the First East/West Alley between LaPorte Avenue and
Chapin Street
(Preliminary Review)
DATE: April 1, 2008
DUE: April 7, 2008
FAX OR E -MAIL TO: 235-91711 Imartin(ftouthbendin.gov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
ZVO �1 /ddi
BY: "I Zwo DATE:
04/02/2003 11:04 FAX
u 86 r
INTER- OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Carl Llttrell, Engineering Department
John Byorni, Area Plan Commission (235 -8813 fdx)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
Bob Mathia, Community & Economic Development
Federico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goan, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO (IrhAttinnnisource.com or 284 -2220 fax) For IFnof� g atlnoyal
FROM: Linda M. Martin, Clerk "?4ry``--'
RE: Request for Recommendation - Alley Vacation
Location: Fi s t tjorth/Soutb Alley E t of _aPoM Ave u North from
A.,_ a anti
(Preliminary Review)
DATE: April 1, 2008
DUE: 6LUI 7 8
FAX OR E -MAIL TO:. 235-9171/1 1ar#InMs0 1hbe05i1.90v
RETURN RECOMME=NDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
1
1 I �
Received Time Apr. 2. 11:07AM
ZQ02/002
I
,-
IV 6
4.62• a8
fir.
INTER- OFFICE MEN40RANDUM
BOARD OF PUBLIC WORKS
TO Carl Littrell, Engineering Department
John Byorni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
Bob Mathia, Community & Economic Development
Federico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO (irbetting- nisource.com or 284 -2220 fax) For Informational
Purposes Only
FROM: Linda M. Martin, Clerk 76y
RE: Request for Recommendation - Alley Vacation
Location: First North /South Alley East of LaPorte Avenue, North from
Washington Street to the First East/West Alley between LaPorte Avenue and
Chapin Street
(Preliminary Review)
DATE: April 1, 2008
DUE: April 7, 2008
FAX OR E -MAIL TO: 235-91711 Imartin(cDsouthbendin.gov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
i
x n ti yH Y} �s 6�•f SS A V -7 f'� ��J. T (iia S' 4S �/ art iC rr•Sc �T%
BY: DATE: y����
Area Ilan Commission ®f St. Joseph County
1140 County -City Building
South Bend, Indiana 46601
John W. Byorni
Larry P. Magliozzi
Executive Director
Assistant Director
Phone 574 235 -9571 www. stiosephcountyindiana .com /areaplan
Fax 574 235 -9813
June 13th, 2008
The Board of Public Works
1.3'b` Floor, County-City Building
South Bend, Indiana 46601
RE: Alley Vacation
First North -South Alley East of LaPorte Avenue, North from Washington Street to the First East -West
Alley between LaPorte Avenue and Chapin Street.
Dear Board Members:
The staff has reviewed this petition. It is the staff's opinion that:
(1) The vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous.
(2) The vacation would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
(3) The vacation would not hinder the public's access to a church, school, or other public
building or plac6.
(4) The vacation would not hinder, the use of a public way by the neighborhood in which it is
located or to which it is contiguous.
Staff recommends that the alley be vacated subject to any further utility or access easements
recommended by the Engineering and Building Departments.
Sincerely,
Mark Lyons
Planner
Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana
El 6 -13 -08
r
10:24 COMMUNITY DEVELOPMENT
ID= +15742359697
INTE114FFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Xri Uttrell, Engineering Department
John Byorni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
mob Mathia, Community & Economic Development
Federico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen.Goan, Police Department
Cheryl Greene, City Attorney's Office
Jim Bettin, NIPSCO Qrbettin (cbniseurce.com or 284 -2220 fax) Purposes Informational
FROM: Linda M. Martin, Clerk J Y � —
RE: Request for Recommendation -Alley Vacation
Location: First North /South Alley East of LaPorte Avenue, North from
Washington Street to the First East/West Alle between LaPorte Avenue and
l
i
(Pre Street , �
(Preliminary Review)
DATE: April 1, 2008 , I
DUE: April 7, 2008
FAX OR E -MAIL TO:, 235 9171 / Imartingsouthbendin.gov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS &. RECOMMENDATIONS:
r.- e tv%rn �
13Y: C�()S "6Q tier Oress'e
Received Time Jun.13, 9:34AM
• .1
P.01
06/16/2-003 69:40 5742357536
SOUTH BEND POLICE
INTER - OFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
TO: Xrl Littrell, Engineering Department
John Byarni, Area Plan Commission (235 -9813 fax)
Jeff Gibney, Community & Economic Development
Chris Dressel, Community & Economic Development
,,45ob Mathia, Community & Economic Development
Ljllederico Rodriguez, Fire Department
Andre Price, Solid Waste
Stephen Goen, Police Department
Cheryl Greene, City Attorney's Offlce
Jim Dettin, NIPSCO (irbettinenisource.com or 284 -2220 fax) For Informational
Purposes Only
FROM: Linda M. Martin, Clerk 4111—J
RE: Request for Recommendation - Alley Vacation
Locatiom. First North /South AIIeY_East of LaPorte Avenue, North from
Chapin Street 1
(Preliminary Review)
DATE: April 1, 2008 t (p I l
DUE: April 7, 2008
FAX OR E -MAIL. TO: 235-0171-1 lmartln ftouthlbendin.gov
RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED.
COMMENTS & RECOMMENDATIONS:
M
i Received Time Jun. 16. 7:46AM
TE: G /1& (d y _
PAGE 02/10
Page 1 of 1
Cathy Daniels - Re: alley vacation -e of laporie, n of washingfon
From: Andre Price 2�
To: Cathy Daniels
Date: 7/9/2008 7:02 AM
Subject: Re: alley vacation -e of laporte, n of washington
will not affect trash collection.
>>> "Daniels, Cathy" <cdaniels @southbendin.gov> 6/11/2008 7:33 AM >>>
This E -mail was sent from "RNP83D994" (C3828).
Scan Date: 11.06.2008 06:33:41 ( -0500)
Queries to: admin @southbendin.gov
file://C:\Documents and Settings \CDANIELS\Local Settings \Temp \XPgipwise \487462AOS... 7/9/2008
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v
Office of the City Clerk
John Voorde, City Clerk
August 20, 2009
Members of the Common Council
4ffi Floor County -City Building
South Bend, Indiana 46601
Re: Proposed 2009 City Clerk Salary Ordinance
Dear Honorable Members of the South Bend Common Council:
The attached ordinance would establish the maximum amount for the salary of the City Clerk for
the 2009 calendar year. It proposes the same percentage increase which I have proposed for my
hard - working City Clerk's staff, namely 2 %, which would be the maximum permitted if passed.
As you are well aware, the Office of the City Clerk, continues to take on more responsibility to
assure that the multi- faceted services which are provided by this office are provided in a prompt,
efficient and timely manner.
Your favorably action on this proposed ordinance is respectfully requested. Thank you.
Mos sinjerely,
oorde
City lerk
Attachment
Fit 'nd In C10FI S O fECe
EG2 2008
CITY CLERK, $0. BEND, !N.
455 County-City Building •227 W. Jefferson Blvd •South Bend, Indiana 46601 •574/235 -9221 •Fax 574/235 -9173 • TDD 574/235 -5567
Mary Beth Wisniewski Janice Talboom Winona Hays
Chief Deputy Deputy Ordinance Violation Clerk
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, SETTING THE MAXIMUM ANNUAL SALARY FOR THE CITY CLERK FOR
CALENDAR YEAR 2009
Statement of Purpose and Intent
The City Clerk serves as Clerk of the Common Council under Indiana Code § 36 -4 -6 -9
and maintains custody of its records. The City Clerk is also charged with maintaining all records
as required by law; keeping the city seal; administering oaths; taking depositions; attending all
regular and special meetings of the Council; and performing other duties as required by the
Common Council.
The Common Council is required by under Indiana Code § 36 -4 -7 -2 to fix the annual
compensation of all elected city officers, with such an ordinance being published at least thirty
(30) days before final action by the Council.
Indiana Code § 36- 4 -11 -4 authorizes the City Clerk to appoint "the number of deputies
and employees authorized by the city legislative body ". In the interest of fairness, the following
ordinance sets forth the same percentage increase for the City Clerk as requested for the deputies
and employees in the City Clerk's Office.
C4 lo't a 0 /7-/ 4 honk ra by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. The annual compensation for the City Clerk of the City of South Bend,
Indiana, shall be established at a maximum amount of $52,800.00 for the 2009 calendar year.
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
of lait:7 j:g
'te i,
Council &Ol G11 on Us imle,
Office of the City Clerk
2009 City Clerk Salary Ordinance
Page 2
7xemwkd Gy me to the Mayor of the City of South Bend, Indiana, on the day of
, 2008 at o'clock _. m.
Office of the City Clerk
cQ 4,ti z'u and mkned by me on the day of
o'clock m.
? st READING �— 2-S-- 0
JBLIC HEARING
rd READING
OT APPROVED
'-ERRED
, -kSSED
2008 at
Stephen J. Luecke
Mayor of the City of South Bend, Indiana
Filed In Clerk's Office
AUG 2 0 2008
JOHN VOORDE
CITY CLERK, $0. BEND, IN.
COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
PHONE 574/ 235 -9216
FAx 574/235 -9928
TDD 574/ 235 -5567
DEPARTMENT OF ADMINISTRATION AND FINANCE
M. CATHERINE FANELLO
CONTROLLER
August 19, 2008
Timothy Rouse, President
South Bend Common Council
4'' Floor County -City Building
South Bend, IN 46601
Dear President Rouse:
Please find attached the 2009 salary ordinance setting the Mayor's salary. Under Indiana
law, the Mayor's salary may not be reduced from the prior year amount. This ordinance
reflects a 2% increase over the 2008 salary.
I will present this ordinance at the appropriately scheduled Finance & Personnel
Committee meeting along with any additional pertinent information. If you have any
further questions, please let me know.
Sincerely,
M. Catherine Fanello, CPA
City Controller
C r 'R•
i'!sod ilk `',d k,'11IC
AUG z 0 2008
JOAN VOD7DE
CITY CLERK, SO. BRA IN.
JANICE L. HALL ,JOHN MURPHY ROBERTALLEN
DIRECTOR ASSISTANT CONTROLLER DIRECTOR J
HumAN RESOURCES INFORMATION TECHNOLOGY
Bill No.
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, SETTING THE ANNUAL SALARY
FOR THE MAYOR FOR CALENDAR YEAR 2009
STATEMENT OF PURPOSE AND INTENT
Pursuant to Indiana Code 36- 4 -7 -2, the City's legislative body is required to fix the
annual compensation of all elected officers. Such compensation may "not be changed in the year
for which it is fixed, nor may it be reduced below the amount fixed for the previous year."
The following Ordinance establishes the annual compensation for Mayor of the City of
South Bend for calendar year 2009.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. The annual compensation for the Mayor of the City of South Bend in calendar
year 2009 shall be and hereby is established at $96,526.
Section II. If any one or more of the provisions contained in this ordinance shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof, and this ordinance shall be construed
as if such invalid, illegal or unenforceable provision was not contained therein.
Section III. This Ordinance shall be in full force and effect from and after its passage by
the Common Council, approval by the Mayor, and legal publication.
Member of the Common CounA
Attest: �, `3?3't t i e .n
,,.;ctd
Council action on this isstIo,
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the
Day of , 2 , at o'clock _. M.
Approved and signed by me on the
o `clock m.
1 st READflc; S "
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Deputy City Clerk
Day of , 2 , at
Mayor, City of South Bend, Indiana
Filed In Clerk's Miele
FAUG
COUNTY -CITY BUILDING
227 W. JEFFERSON BLVD.
SOUTH BEND, INDIANA 46601 -1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
PHONE 574 /235 -9216
FAx 574/235 -9928
TDD 574/ 235 -5567
DEPARTMENT OF ADMINISTRATION AND FINANCE
M. CATHERINE FANELLO
CONTROLLER
August 19, 2008
Timothy Rouse, President
South Bend Common Council
4'' Floor County -City Building
South Bend, IN 46601
Dear President Rouse:
Please find attached the 2009 salary ordinance setting maximum salaries for all non -
bargaining personnel. This ordinance reflects a 2% increase over 2008 salaries, which
will not be funded if the city receives no new additional revenue to mitigate the effects of
the 2009 property tax reform. But the ordinance allows us to set a maximum in order to
have flexibility in case such additional revenue does become available. It is important to
note that any positions /titles marked new have been funded through existing dollars and
no new dollars are requested.
I will present this ordinance at the appropriately scheduled Finance & Personnel
Committee meeting along with any additional pertinent information. If you have any
further questions, please let me know.
Sincerely,
M. Catherine anello, CPA `
City Controller
Filed In Clark's Offte
AUG 2 0 2008
tTV CLERK, Jv4N 'ti!3Ir"
/�
JANICE L. HALL JOHN MURPHY . ROBERTALLENjV
DIRECTOR ASSISTANT CONTROLLER DIRECTOR
HUMAN RESOURCES INFORMATIONTECHNOLOGY
NIV,
Bill No.
ORDINANCE NO.
AN ORDINANCE FIXING MAXIMUM SALARIES AND WAGES OF
APPOINTED OFFICERS AND NON - BARGAINING EMPLOYEES OF
THE CITY OF SOUTH BEND, INDIANA, FOR THE
CALENDAR YEAR 2009
STATEMENT OF PURPOSE AND INTENT
This Ordinance sets forth the maximum amounts to be paid to non - bargaining personnel
employed by the City of South Bend for the calendar year 2009. This Ordinance establishes
such compensation for approximately all non - bargaining employees by specific position and
title.
The overall guidelines used in this Ordinance are consistent with the overall negotiating
criteria used for all City employees. This Ordinance is in the best interest of the City and the
affected non - bargaining employees.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, as follows:
Section I. Maximum Compensation
(a) The maximum amounts to be paid as compensation for non - bargaining
employees for the City of South Bend, Indiana are hereby established as
set forth in the attachment, which is incorporated herein by reference.
The amounts set forth are consistent with the recommended procedure of
the State Board of Accounts dated March, 1993. Accordingly, salaries
are set and paid on a Bi- Weekly basis. Amounts by alphabetical position
are set forth as well as the annual salary for each position.
Section II. Holidays, Vacations and Other Monetary and Fringe Benefits Incorporated
by Reference.
(a) Holidays. Holidays designated by the Board of Public Works shall
govern non - bargaining employees for the calendar year 2009. The
provisions of the City's Personnel Policies and Procedures Manual as it
may be amended from time to time shall apply and are incorporated
herein by reference.
(b) Vacations. Vacation for non - bargaining employees shall be as set forth
in the City's Personnel Policies and Procedures Manual as it may be
amended from time to time, incorporated herein by reference.
(c) Family Leave. The Family and Medical Leave Act Policy is, hereby,
incorporated herein by reference in its entirety.
(d) Insurance.
(1) Comprehensive Maior Medical Insurance Program /Preferred
Provider Organization (PPO). The City shall maintain a
comprehensive major medical insurance program that all non
bargaining employees may participate in under the rules and
guidelines of the plan document. All employees receive a copy of
a plan document each year.
(2) Flexible Spending Account. The City may contribute Five -
Hundred Dollars ($500) into each qualifying non - bargaining
employee's individual flexible spending account for 2009.
(3) Short and Long Term Disability. Short and Long Term Disability
shall be as set forth in the City's Personnel Policies and
Procedures Manual, as it may be amended from time to time,
which is incorporated herein by reference.
(4) Payment for Election to Leave Employer's Comprehensive
Maior Medical Insurance Program. The City shall pay one
hundred and thirty ($130) per month ($65 biweekly) to any
Employee who elects to leave the City's comprehensive major
medical insurance program to be covered by another program for
which the City makes no contribution. This election shall not be
mandatory, and the Employee who made such election may return
to the City's comprehensive major medical Insurance Program,
provided that the conditions of the City's Comprehensive Major
Medical Insurance Program are met, and the contributions
specified herein are made, but in such event said Employee shall
forfeit the one hundred and thirty ($130) payment per month
thereafter.
(5) Life Insurance. The City shall provide term life insurance
coverage in an amount not less than Fifteen Thousand Dollars
($15,000) for each employee except for Police and Fire which are
at set forth in the collective bargaining agreement. Such
insurance shall become effective upon the award of a group life
insurance bid by the Board of Public Works, or upon the beginning
of the plan year, whichever is later.
(6) Benefit Waiting Period. The City notes that life insurance,
comprehensive major Medical Insurance, and short term disability
programs require a minimum of sixty (60) day eligibility period; and
that the long -term disability program requires a minimum of a
ninety (90) day eligibility period which non - bargaining employees
must meet.
(e) Performance Incentives. Performance Incentive Program wherein,
subject to the established guidelines of the Program, along with an annual
evaluation and the approval of the Mayor, employees may be eligible for,
and paid, a monetary bonus. The range of these monetary bonuses may
be from one hundred ($100) to four thousand ($4,000).
The Mayor, may, at his /her discretion, offer a Hiring Bonus to a new
employee as an incentive for the employee to accept the position offered.
This Bonus will be paid to the employee in addition to the salary set forth
in the Salary Ordinance. The range of these monetary bonuses will be
from one hundred ($100) to four thousand ($4,000).
(f) Police Communication Employees. Employees working in the
communications area of the Police Department will be paid standby a
beeper pays as follows: one hour of straight time pay will be paid to one
employee each day each shift change for the one hour immediately
preceding the shift change.
(g) Auto Allowance. At the Mayor's discretion an auto allowance may be
offered to department heads in lieu of a City issued car. The allowance
may range from one ($1) to five hundred ($500) dollars per month.
(h) Other Monetary Fringe Benefits. All other fringe benefits shall be as set
forth in the City's Personnel Policies and Procedures Manual as it may be
amended from time to time.
(i) Two (2) copies of the City's Personnel Policies and Procedures Manual
and the Family and Medical Leave Act Policy shall be kept on file and
made available for public inspection during regular hours in the office of
the City Clerk on the 4th Floor of the County -City Building, South Bend,
Indiana.
Section Ill. Effective Date
Attest:
City Clerk
This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approved by the Mayor.
Member of the !!Common Counci
ir3 4!wu
Gt % yet s as « zaiEi g e i`I
Cound aslica on Wcs i8sual
Presented by me to the Mayor of the City of South Bend, Indiana on the
Day of , 2 , at o'clock _. M.
Approved and signed by me on the
o'clock m.
1 st READING ZS cz)
PUBLIC HEARING
3 rd READING
NOT APPROVED
REFERRED
PASSED
Deputy City Clerk
_ Day of 2 , at
Mayor, City of South Bend, Indiana
A.
�JOS
JOH11 VOOPOE
CITY CuN-, , C1.10. i'aVD, IN.
Cit$ of South Bend, Indiana
*2009 Salary Ordinance Setting Maximum Salary
Job 2008 2009
Code * ** Job Title Status Salary Salary
JENB -B -3
Academic Coordinator -CB Center
Full-Time
30,120
30,722
VENB -B -3
Academic Coordinator -MLK Center
Full -Time
34,239
34,924
VENB -C -2
Accounting Assistant
Full -Time
36,501
37,231
VENB -C -1
Accounting Clerk IV
Full -Time
28,426
28,994
VENB -A -S
Accounts Payable Supervisor
Full -Time
40,424
41,233
VENB -D -4
Accounts Payable Technician
Full-Time
29,903
30,501
VENB -C -1
Administrative Assistant I
Full -Time
33,890
34,568
VENB -C -1
Administrative Assistant II
Full -Time
34,903
35,601
ENB -B -1
Animal Control Assistant
Full -Time
29,431
30,020
ENB -B -1
Animal Control Officer
Full-Time
29,648
30,240
ENB -B -1
Animal Control Officer - Senior
Full -Time
32,760
33,415
ENB -A -3
Assistant Box Office Manager I
Full-Time
28,950
29,529
ENB -A -3
Assistant Box Office Manager II
Full -Time
32,364
33,011
ENB -B -1
Assistant City Attorney
Full-Time
64,536
65,826
ENB -A -3
Assistant City Engineer
Full-Time
65,920
67,238
ENB -A -3
Assistant Controller (title eliminated) -insert title
"Director -City Finance"
Full-Time
67,465
65,000
ENB -A -3
Assistant Director Administrative Sery
Full-Time
47,241
48,186
ENB -A -3
Assistant Director Communication Cntr
Full -Time
42,469
43,318
ENB -A -3
Assistant Director of Distribution
Full -Time
43,878
44,756
ENB -A -3
Assistant Director of Treatment
Full -Time
43,631
44,503
ENB -A -3
Assistant Director - Administration & Marketing
Full-Time
43,518
44,388
ENB -A -3
Assistant Director - Booking & Event Operation
Full -Time
41,200
42,024
ENB -A -3
Assistant Director -CED
Full-Time
53,464
54,533
ENB -A -3
Assistant Director -Human Resources
Full-Time
48,410
49,378
ENB -A -3
Assistant Director -MPAC Financial Reporting
Full-Time
42,230
43,075
ENB -A -3
Assistant Director - Recreation
Full-Time
48,269
49,234
ENB -B -1
Assistant Golf Manager
Full-Time
12,360
12,607
Assistant Facility Maintenance Manager (New)
Full-Time
0
31,000
ENB -A -1
Assistant To The Mayor
Full-Time
61,646
62,878
ENB -B -1
Assistant Zoning Administrator
Full -Time
49,301
50,287
ENB -A -S
Athletic Supervisor
Full-Time
38,006
38,766
ENB -A -4
Box Office Manager
Full-Time
35,643
36,356
ENB -A -1
Building Commisioner
Full-Time
73,317
74,784
ENB -B -3
Building Inspector VI
Full -Time
40,700
41,514
ENB -B -3
CED Specialist II
Full-Time
34,895
35,593
ENB -B -3
CED Specialist III
Full-Time
36,957
37,697
ENB -B -3
CED Specialist VI
Full-Time
46,898
47,836
ENB -B -3
CED Specialist- Senior
Full-Time .
50,688
51,702
ENB -A -S
Center Supervisor
Full-Time
38,006
38,766
ENB -B -1
Chemist
Full -Time
42,267
43,112
ENB -B -1
Chemist /Safety Officer
Full-Time
42,311
43,158
ENB -A -4
Chief Deputy City Clerk
Full -Time
43,249
44,114
ENB -B -1
Chief Inspector
Full -Time
42,698
43,552
NENB -C -1
City Clerk Secretary
Full-Time
28,506
29,076
ENB -A -1
City Controller
Full-Time
80,957
82,576
ENB -A -1
City Engineer
Full -Time
72,000
73,440
NENB -F -1
Clerk Terminal Operator
Full -Time
24,975
25,475
ENB -B -1
Club Pro Municipal Golf Course
Full -Time
42,849
43,706
ENB -13-3
Code Inspector IV
Full-Time
34,876
35,573
NENB -B -3
Collection Specialist
Full-Time
30,149
30,752
ENB -A -5
Communication I Supervisor
Full-Time
38,738
39,513
ENB -A -S
Communication II Supervisor
Full-Time
39,253
40,038
ENB -A -5
Communication Specialist I
Full-Time
28,000
28,56C
NENB -13-3
Communication Specialist II
Full -Time
31,407
32,03
NENB -B -3
Communication Specialist III
Full-Time
31,561
32,19-,
NENB -F -1
Court Liaison
Full-Time
29,793
30,385
NENB -F -1
Crime Analyst
Full-Time
32,618
33,27(
NENB -F -1
Crime Laboratory Supervisor
Full-Time
48,960
49,935
2009 2009
Bi- Weekly ** %Increase
1,182 2.00
1,343 2.00
1,432 2.00
1,115 2.00
1,586 2.00
1,173 2.00
1,330 2.00
1,369 2.00
1,155 2.00
1,163 2.00
1,285 2.00
1,136 2.00
1,270 2.00
2,532 2.00
2,586 2.00
2 °
,500 -3.6
1,853 2.0(
1,666 2.0(
1,721 2.0(
1,712 2.0(
1,707 2.0(
1,616 2.0(
2,097 2.0(
1,899 2.0(
1,657 2.0(
1,894 2.0(
485 2.01
1,192 NI
2,418 2.O1
1,934 2.01
1,491 2.0
1,398 2.0'
2,876 2.0
1,597 2.0
1,369 2.0
1,450 2.0
1,840 2.0
1,989 2.0
1,491 2.0
1,658 2.0
1,660 2.0
1,697 2.0
1,675 2.0
1,118 2.0
3,176 2.0
2,825 2.0
980 2.0
1,681 2.0
1,368 2.0
1,183 2.0
1,520 2.(
1,540 2.(
1,098 2.(
1,232 2.(
1,238 2.(
1,169 2.(
1,280 2.(
1,921 2.(
Dept. Adm /Finance 8/19/2008 Page 1.
of South Bend, Indiana
9 Salary Ordinance Setting Maximum Salary
Job
Code * **
Job Title
;NB -A -4
CSO Operations Manager
[ENB -B -3
Customer Service Coordinator
;NB -A -4
Customer Service Manager
'NB-A-5
Customer Service Supervisor
IENB -F -1
Data Entry /Alarms Coordinator
IENB -F -1
Data Entry Records Coordinator
IENB -F -1
Data Entry Specialist II
,NB-A-5
Data - Processing Supervisor
:NB -B -2
Departmental System Specialist
IENB -C -1
Deputy City-Clerk
:NB -A -2
Deputy Director- WaterWorks
IENB -B -3
Design/ Plan Review Specialist
;NB -A -2
Director of Development
;NB -A -2
Director of Distributions
;NB -A -3
Director of Finance (Park Administration)
,NB -A -2
Director of Finance (Water Utility)
;NB -A -3
Director of Finance (Public Works) (NEW)
BNB -A -2
Director of Financial Services
3NB -A -2
Director of Marketing & Promotions
:NB -A -4
Director Records Bureau
,' NB -A -1
Director of Streets
:NB -A -2
Director of Treatment
7,NB -A -1
Director Parks 8& Recreation
:NB -A -1
Director Public Works
BNB -A -2
Director - Administrative Services
BNB -A -2
Director- Administrative Services -Parks
ENB -A -1
Director - Central Services
ENB -A -1
Director -Code Enforcement
ENB -A -2
Director - Communication Cntr
ENB -A -2
Director - Communications & Radio
ENB -A -2
Director - Communications & Special Projects
ENB -A -1
Director - Community Development
ENB -A -1
Director - Economic Development
ENB -A -2
Director - Financial & Program Management
ENB -A -2
Director -Golf Operations
ENB -A -2
Director -Human Resources
ENB -A -2
Director -Human Rights
ENB -A -1
Director - Information Technology
ENB -A -2
Director - Planning
ENB -A -2
Director- Recreation
ENB -A -2
Director - Secretarial Services
ENB -A -2
Director - WasteWater
ENB -A -2
Director - WasteWater Maintenance
ENB -A -1
Director -Water Works
ENB -A -2
Director -Zoo
NENB -C -1
Distribution Records Drafter
ENB -A -1
Division Director of Environmental Services
ENB -B -2
Engineer Aide IV
ENB -B -2
Engineer II
ENB -B -2
Engineer Inspector
ENB -B -2
Event Service Technician I
ENB -B -2
Event Service Technician II
NENB -F -1
Evidence Technician
ENB -A -1
Executive Director -CED
ENB -A -1
Executive Director- Moms -PAC
ENB -A -4
Facility Engineer (delete current title insert title
"Facility Maintenance Manager ")
NENB -F -1
Film Processor
ENB -A -2
Finance Officer (Department of Finance only)
NENB -B -3 Financial Specialist I
NENB -B -3 Financial Specialist II
Status
Full -Time
Full -Time
Full -Time
Full -Time
Full-Time
Full -Time
Full -Time
Full -Time
Full -Time
Full -Time
Full -Time
Full-Time
Full -Time
Full -Time
Full-Time
Full-Time
Full-Time
Full -Time
Full -Time
Full -Time
Full -Time
Full -Time
Full -Time
Full -Time
Full -Time
Full-Time
Full -Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full -Time
Full-Time
Full -Time
Full-Time
Full-Time
Full-Time
Full-Time
Full -Time
Full-Time
Full -Time
Full -Time
Full-Time
Full-Time
Full -Time
Full-Time
Full -Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full-Time
Full -Time
2008
51,690
36,322
41,651
38,738
27,137
30,656
26,631
38,738
40,707
37,046
56,650
51,980
53,174
55,051
53,174
55,682
0
51,989
47,580
40,000
65,545
51,788
71,172
77,984
53,695
53,695
64,409
65,232
52,224
49,317
54,961
64,409
64,409
59,025
53,695
59,506
51,121
64,409
55,736
59,095
45,306
63,500
56,416
64,409
53,655
35,352
67,500
35,352
61,877
36,322
23,500
26,750
32,629
87,410
70,907
2009
52,723
37,048
42,484
39,513
27,680
31,269
27,163
39,513
41,521
37,787
Eliminated
53,020
54,237
56,152
54,237
56,795
62,000
53,029
48,531
40,800
66,856
52,824
72,595
79,544
54,769
54,769
65,697
66,537
53,269
50,304
56,060
65,697
65,697
60,206
54,769
60,696
52,143
65,697
Eliminated
60,277
46,212
64,770
57,545
65,697
54,728
36,059
68,850
36,059
63,115
37,048
23,970
27,285
33,282
89,158
72,325
Full -Time
43,017
43,877
Full-Time
31,619
32,251
Full -Time
51,989
Eliminated
Full -Time
29,903
30,501
Full -Time
32,616
33,268
Dept. Adm /Finance 8/19/2008
2009
2009
Weekly **
% Increase
2,028
2.009
1,425
2.00;
1,634
2.009
1,520
2.00
1,065
2.00
1,203
2.00'
1,045
2.00`
1,520
2.00`
1,597
2.00'
1.453
2.00'
2,039
2,086
2,160
2,086
2,184
2,385
2,040
1,867
1,569
2,571
2,032
2,792
3,059
2,106
2,106
2,527
2,559
2,049
1,935
2,156
2,527
2,527
2,316
2,106
2,334
2,006
2.527
2,318
1,777
2,491
2,213
2,527
2,105
1,387
2,648
1,387
2,427
1,425
922
1,049
1,280
3,429
2,782
2.00%
2.00%
2.00%
2.00%
2.00%
N/A
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00%
2.00°/
2.00°/
1,688 2.
1,240 2.
1,173 2.
1,280 2.
Page 2
City of South Bend, Indiana
1*2009 Salary Ordinance Setting Maximum Salary
2008
2009 2009
2009
Job
**
Job Title
Status Salary
Salary* IL i_Weekly ** %Increase
Code *
4ENB -B -3
Financial Specialist III
Full -Time
36,502
37,232
1,432
1,586
1ENB -B -3
Financial Specialist IV
Full -Time
40,424
46,210
41,233
47,134
1,813
4ENB -B -3
Financial Specialist- Senior
Full -Time
Full -Time
31,619
32,251
1,240
QENB -F -1
Fingerprint /Photo Technician
Full-Time
38,006
38,766
1,491
'sNB -A -S
Fitness Supervisor
Full -Time
35,661
36,374
1,399
[F2
:NB -A -S
Foreman IV
Full -Time
40,205
41,009
1,577
ENB -A -5
Foreman V
Full-Time
49,724
50,718
1,951
ENB -B -1
ENB -B -1
Forester
General Zoo Curator
Full-Time
44,290
45,176
1,738
ENB -A -4
GIS Manager
Full -Time
52,780
53,836
2,071
1,871
%
%
ENB -A -4
Golf Course /Rink Manager
Full-Time
Full -Time
47,693
38,770
48,647
39,546
1,521
2.00%
ENB -B -1
ENB -A -S
Greenskeeper
Healthy Seniors Supervisor
Full -Time
32,660
33,313
1,281
2.00%
ENB -B -3
Housing Specialist V
Full -Time
40,291
41,096
1,581
1,678
2.00%
2.00%
ENB -B -3
Housing Specialist VI
Full -Time
42,781
47,527
43,637
48,478
1,865
2.00%
ENB -B -3
Housing Specialist- Senior
Full -Time
Full-Time
40,423
41,232
1,586
2.00%
ENB -B -3
NENB -B -2
Human Resources Specialist IV
Industrial Pretreatment Specialist I
Full -Time
45,000
45,900
1,765
2.00%
ENB -B -3
Intake officer/ Investigator
Full -Time
29,809
30,405
1,169
2,020
2.00%
2.00%
NCNB -C -2
Internal Auditor
Full-Time
Full-Time
51,500
31,385
52,530
32,013
1,231
2.00%
NENB -B -2
Inventory Control Technician II
Full-Time
34,163
34,846
1,340
2.00%
ENB -B -3
Investigator II
Full-Time
38,517
39,287
1,511
2.00%
ENB -B -3
Investigator IV
Full-Time
40,420
41,229
1,586
2.00%
ENB -B -3
NENB -B -2
Investigator V
Laboratory Technician
Full-Time
28,506
29,076
1,118
2.00%
NENB -C -2
License Clerk
Full -Time
32,618
33,270
1,280 1
1,413
2.000
2.00%
NENB -B 2
Locator
Full-Time
Full -Time
36,014
32,236
36,734
32,881
1,265
2.00%
ENB -A -S
Maintenance Foreman II
Full -Time
50,184
51,188
1,969
2.00%
ENB-A-4
ENB -A -5
Maintenance Manager
Maintenance Mechanic Supervisor
Full -Time
48,151
49,114
1,889
2.00%
ENB -A -5
Maintenance Superintendent
Full -Time
53,695
54,769
2,106
2.00%
2.00%
ENB -A -4
Manager of Equipment Service
Full-Time
51,258
52,283
2,011
2,152
2.00%
ENB -A -4
Manager of Sewer Operations
Full-Time
54,866
55,963
53,778
2,068
2.00%
ENB -A -4
Manager of Solid Waste Operations
Full -Time
52,724
53,778
2,068
2.00%
ENB -A -4
Manager of Streets
Full-Time
Full-Time
52,724
54,773
55,868
2,149
2.00%
ENB -A -4
Manager - Environmental Compliance
Full-Time
37,019
37,760
1,452
2.00%
ENB -A -4
Manager -Parts Maintenance
Full-Time
36,337
37,064
1,426
2.00%
ENB -B -1
Marketing and Education Curator
31,620
1,216
2.00%
ENB-B -1
Naturalist
Full-Time
Full-Time
31,000
50,560
51,571
1,983
2.00%
ENB -B -2
Network Engineer
Full-Time
31,165
31,788
1,223
2.00%
ENB -A -4
Office Manager
Full -Time
54,866
55,963
2,152
2.00%
ENB -A -4
Operations Manager
Full -Time
50,184
51,188
1,969
2.00%
ENB -A -S
NENB -C -2
Operations Supervisor
Ordinance Violations Bureau Clerk
Full-Time
31,266
31,891
1,227
2.00%
NENB -B -3
Paralegal
Full-Time
38,408
39,176
1,507
2.00%
NENB -F -1
Park Police II
Full-Time
30,370
30,977
1,191
2.00%
NENB -A -S
Payroll Supervisor
Full-Time
36,501
37,231
1,432
2.00%
ENB -A -4
Permits Manager
Full-Time
41,344
42,171
1,622
2.00%
ENB -B -3
Planner VI
Full -Time
46,898
47,836
1,840
2.00%
NENB -B -2
Preventative Maintenance Coordinator
Full-Time
35,241
35,946
1,383
2.00%
ENB -A -4
Print Shop Manager
Full-Time
40,205
41,009
1,577
2.00%
NENB -B -2
Print Shop Technician
Full-Time
33,006
33,666
1,2951
2.00%
ENB -A -5
Program Supervisor
Full -Time
38,006
38,766
1,491
2.00%
2.00 %'
ENB -B -2
Programmer Analyst I
Full-Time
39,242
40,027
1,539
ENB -B -2
Programmer Analyst II
Full-Time
40,924
41,742
1,605
2.00%
ENB -B -3
Project Analyst VI
Full-Time
39,655
40,448
1,556
2.00%
ENB -13-3
Project Analyst VIII
Full -Time
42,848
43,705
1,681
2.00%
2.00%
ENB -B -3
Project Inspector I
Full -Time
41,344
42,171
1,622
1,728
2.00%
ENB -B -3
Project Inspector II
Full-Time
44,040
44,921
Dept. Adm /Finance
8/19/2008
Page 3
i of South Bend, indiana
09 Salary Ordinance Setting Maximum Salary
2008
2009
2009
2009
Job
Code * **
Job Title
Status
Salary
Salary* I
Bi- Weekly **
% Increase
3 -A -4
Project Manager
Full -Time
45,453
46,362
1,783
2.00%
VB -F -1
Property/ Evidence Custodian
Full -Time
28,230 Eliminated
VB -F -1
Public Assistance Clerk II
Full -Time
26,031
26,552
1,021
2.00%
3 -A -4
Public Construction Manager
Full -Time
56,650
57,783
2,222
2.00%
VB -B -3
Public Relations Specialist
Full -Time
38,000
38,760
1,491
2.00%
Public Works Safety Coordinator
Full -Time
42,328
43,174
1,661
2.00%
.413-13-3
B -A -4
Purchasing Manager
Full-Time
54,541
55,631
2,140
2.00%
NB -B -2
Quality Assurance Distribution Technician
Full -Time
35,661
36,374
1,399
2.00%
NB -B -2
Quality Assurance Treatment Technician
Full -Time
38,186
38,950
1,498
2.00%
NB -B -2
Radio Techician III
Full -Time
45,045
45,946
1,767
2.00%
NB -B -2
Radio Technician I
Full-Time
40,554
41,365
1,591
2.00%
NB -B -2
Radio Technician II
Full -Time
41,883
42,721
1,643
2.00%
Residential Marketing Specialist (new in 2008)
Full-Time
55,000
56,100
2,158
2.00%
B -A -5
Rum Village Park Supervisor
Full-Time
35,200
35,904
1,381
2.00%
B -A -4
Safety & Risk Manager
Full -Time
46,300
47,226
1,816
2.00%
NB -B -3
Sales /Event Associate
Full -Time
32,437
33,085
1,273
2.00%
B -B -3
SCDA Instrument Specialist
Full -Time
47,685
48,639
1,871
2.00%
NB -C -1
Secretary II
Full -Time
24,275
24,761
952
2.00%
NB -C -1
Secretary III
Full -Time
25,497
26,007
1,000
2.00%
NB -C -1
Secretary IV
Full-Time
27,058
27,599
1,062
2.00%
NB -GI
Secretary of the Board
Full -Time
38,186
38,950
1,498
2.00%
,NB -C -1
Secretary V
Full -Time
28,507
29,077
1,118
2.00%
'B -B -3
Senior CAD Specialist
Full -Time
41,344
42,171
1,622
2.000/c
113-13-3
Senior GIS Specialist
Full -Time
42,738
43,593
1,677
2.000/c
N13-F -1
Senior Property/ Evidence Custodian
Full -Time
30,617
31,229
1,201
2.00%
[B-A-5
Signal Supervisor
Full -Time
47,685
48,639
1,871
2.00%
,NB -B -3
Special Events Assistant
Full -Time
34,512
35,202
1,354
2.000/(
[B-A-5
Special Events Supervisor
Full-Time
37,065
37,806
1,454
2.00°/
;NB -B -3
Stock Room &Safety Coordinator
Full-Time
42,327
43,173
1,661
2.000/
TB -A -5
Superintendent II
Full-Time
42,495
43,345
1,667
2.00°
TB -A -5
Superintendent III
Full-Time
43,878
44,756
1,721
2.00°/
TB -A -5
Superintendent II
Full-Time
48,151
49,114
1,889
2.00°/
dB -B -2
System Specialist II
Full-Time
46,219
47,143
1,813
2.000/
1B -B -2
System Specialist III
Full -Time
49,163
50,146
1,929
2.00°/
113-B -2
System Specialist IV
Full-Time
53,954
55,034
2,117
2.000/
1B -A -4
Technical Stage Manager
Full -Time
35,020
35,720
1,374
2.000/
QB -A -4
Traffic & Lighting Manager
Full-Time
52,724
53,778
1 2,068
2.000/
JB -B -2
Utilities System Specialist
Full-Time
47,138
48,081
1,849
2.000/
BNB -13-3
Violence Prevention Coordinator I
Full -Time
30,120
30,722
1,182
2.000/
BNB -B -3
Violence Prevention Coordinator II
Full-Time
33,734
34,408
1,323
2.009/
BNB -B -2
Water Treatment Operator -PF
Full-Time
38,738
39,513
1,520
2.000/
BNB -B -3
Water Works Special Projects Coordinator I
Full-Time
38,186
38,950
1,498
2.000
BNB -B -3
Water Works Special Projects Coordinator II
Full -Time
41,651
42,484
1,634
2.00;
Water Quality Specialist (reinstated position -had
been deleted in 2007)
Full-Time
0
49,982
1,922
N/.
ENB -B -3
Youth Sports Coordinator
Full-Time
30,120
30,722
1,182
2.00;
NB -A -5
Youth Supervisor
Full-Time
38,006
38,766
1,491
2.009
ENB -B -3
Zoning Specialist
Full-Time
36,308
37,034
1,424
2.00
NB -B -1
Zoo Veterinarian
Full -Time
51,592
52,624
2,024
2.00E.
art -Time Positions Receiving Benefits
ENB -D -4
CED Project Coordinator
Part-Time
34,352
35,039
1,348
2.00
NB -D -1
Chief City Assistant Attorney
Part-Time
39,691
40,485
1,557
2.00'
NB -D -1
City Attorney
Part-Time
53,366
54,434
2,094
2.00'
ENB -D -4
Claims Adjuster (with benefits)
Part-Time
38,447
Eliminated
ENB -D2
Crossing Guard
Part-Time
8,695
8,869
341
2.00'
ENB -D2
Crossing Guard Captain
Part-Time
10,076
10,278
395
2.00'
NB -D -1
Deputy City Attorney III
Part-Time
34,083
34,764
1,337
2.00'
NB -D -1
Deputy City Attorney IV
Part -Time
43,726
44,600
1,715
2.00'
ENB -D -4
Senior Citizen Leader (with benefits)
Part -Time
20,803
21,219
816
2.00
Dept. Adm /Finance 8/19/2008
Page 4
City of South Bend, Indiana
*2009 Salary Ordinance Setting Maximum Salary
Job 2008 2009
2009
2009
Code * ** Job Title Status Salary Salary*
Bi- Weekly **
% Increase
Hourly Non - Bargaining - maximum hourly rate * * ** 25.38 25.89
N/A
2.00%
Custodian (hourly position) -Morris Performing Arts Center 10.24 10.44
2.00%
* ** *Positions not classified as full -time -
** *Job Codes are maintained by the Human Resources Department
* *Bi- Weekly based on 26 pay periods
*Maximum permissible; departments may pay less than maximum
Dept. Adm /Finance 8/19/2008 Page 5
1400 COuNTY-Cny BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDiANA 46601 -1830
CHARLES S. LEONE
CITYATTORNEY
CITY OF SOUTH BEND STEPHEN J. LuFcKE, MAYOR
DEPARTMENT OF LAW
Mr. Timothy Rouse
President, South Bend Common Council
4`'' Floor, County -City Building
South Bend, IN 46601
PHONE 574/ 235 -9241
FAx 574/235 -9892
TDD 574/ 235 -5567
ALADEAN M. DERoSE
August 20, 2005 CHIEF ASSISTANT CITYATTORNEY
13;11 oo SY -�9
Re: Ordinance Appropriating Funds to Pay Compromise of Judgment in Clay Utilities Class Action
Lawsuit Against City
Dear Mr. Rouse:
On February 14, 2008 the St. Joseph Superior Court entered a judgment against the City of South
Bend in the sum of $614,725.64. The Court found that the City had improperly charged its non - resident
Clay Utilities customers for debt service after the City's debt to acquire Clay Utilities had been paid and
retired. Both the City and the rate payers asked the Court to reconsider its decision. The City claimed
that the Court exceeded its power by altering an existing utility rate schedule; the class members claimed
the City owed Clay customers $145,998 more principal than what the Court ordered, and that the City
also owed prejudgment interest of $304,229.85. The Court denied both requests and affirmed the prior
judgment of $614,725.64 on May 12, 2008.
Presently, this case is in the process of appeal to the Indiana Court of Appeals. If the City were to
prevail on appeal, the result would be a $0 judgment. If Clay customers prevail, the judgment would be
in excess of One Million Dollars ($1,064,953.49 to be precise) plus post judgment statutory interest at 8%
from February 14, 2008. As of August 14, 2008 post judgment interest alone is about $24,600.
Considering the financial risks of an adverse judgment notwithstanding the City's firm belief in
the merits of its legal position, it is wise and prudent to resolve this dispute. The City's Legal Department
and attorneys for Clay Utilities have agreed to settle this claim in full for the sum of $710,000 subject to
Court approval. Hearing on the Court's approval is set for September 8, 2008. This Ordinance will
authorize the appropriation of funds necessary to pay the agreed settlement promptly on Court approval.
The Sewer Works General Operating Fund No. 641 has sufficient funds to pay this sum.
I will present this Ordinance to Council at its Committee meeting and public hearing. The
Council's favorable consideration of this Ordinance is requested.
Thank you.
Filled In Clerk's O�;cs
AUG 2 0 2008
Jo'c"tt OORDE
CITE CLEm", so
. BFt40, lPi.
Sincerely, j
Aladean M. DeRose
Chief Assistant City Attorney
THOMAS L. BODNAR CHERYL A. GREENE ANN -CAROL NASH
JEFFREY M. JANKOWSKI LAWRENCE J. METENTR JEFFREY L. SANFORD JOHN E. BRODEN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, APPROPRIATING $710,000.00 FROM THE PUBLIC WORKS SEWER
GENERAL OPERATING FUND NO. 641 TO PAY COMPROMISE JUDGMENT
STATEMENT OF PURPOSE AND INTENT
The South Bend Sewer Works was sued in a class action lawsuit by non - resident
customers located within the former Clay Utilities service area. The lawsuit alleged that the
City's municipal sewage utility had a duty to terminate sewer rates applicable solely to the Clay
Utilities class of customers as soon as South Bend received sewer rate revenue from those
customers sufficient to pay off the cost of financing acquisition of the Clay utility system. The
City contended that the City had no duty to alter rates for the Clay class of customers until it
adopted another rate ordinance. The St. Joseph Superior Court found in favor of the Clay
Utilities customers, and on February 14, 2008 it entered judgment against the City and its sewer
department in the sum of Six Hundred Fourteen Thousand Seven Hundred Twenty Five Dollars
and Sixty Four Cents ($614,725.64). It reaffirmed this judgment in a separate order on May 12,
2008. Post judgment interest accrues by statute at 8% from February 14, 2008.
As part of its decision the trial court denied prejudgment interest to class members which
would have resulted in an additional Three Hundred Forty Thousand Dollars ($340,000.00) to
class members payable by the City Wastewater Utility. Appeal of this issue by class members as
well as the City's counter appeal of the underlying judgment was in progress, but the settlement
of Seven Hundred Ten Thousand Dollars ($710,000.00) is a reasonable compromise of disputed
issues.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA as follows:
Section I. The sum of Seven Hundred Ten Thousand Dollars ($710,000.00)•is hereby
appropriated and set aside within Sewer Works General Operating Fund No. 641 to tender to the
Clerk of the. Court for settlement and release of all claims arising from the class action lawsuit
brought by Clay Utilities customers of the South Bend Wastewater Utility.
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.
5 � � )�, VLOVs�� ;f
Member, South Bend Common ouncil
C()Unca acuoi or, 10115 issue,
Attest:
City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day
of
2 , at o'clock M.
City Clerk
Approved and signed by me on the
o'clock . M.
t READING 0 —Z'
3LiC NiEARING
d READING
=) T APPROVED
TERRED
?ASSED
day of
2 , at
Mayor, City of South Bend, Indiana
Hed In Clerk's 'Office
AUG 2 0 2008
CITY CLERK, SO. SEND, K