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Home My WebLink About09-08-08 Council Meeting Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MONDAY, SEPTEMBER 8, 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-nn P M 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 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 50 -08 PUBLIC HEARING 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 53 -08 PUBLIC HEARING 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 PUBLIC HEARING 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 8. BILLS, THIRD READING TIME: BILL NO. 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. 50 -08 THIRD 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 53 -08 THIRD 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 THIRD 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 9. RESOLUTIONS BILL NO. 08 -81 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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 -82 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1827 NORTH BENDIX. DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (5) FIVE -YEAR PERSONAL PROPERTY TAX ABATEMENT FOR. MANN + HUMMEL USA, INCORPORATED 08 -83 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, 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. 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 LOT NUMBERS 1 THROUGH 141 ALL IN SOUTHFIELD LAKE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE-YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LLE REAL ESTATE, LLP WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas commonly known as .............. Lot 4 ............. 5 ............. 6 ............. 7 .............. 8 9 ....... .0 12 .............. '** .............. 4 .............. 16 .............. 17 .............. 18 .......... * ------------------------------------------ ------ Address 2 eerfield Trail ........................ I ....................................... 6608 Deerfield Trail ........................................... eerfield Trail ..... ...................................... 9 Forest Trail .......... I .................................................... 6623 Forest Trail ................................. I .............................. 1419 Forest Trail ............................................................... 1425 Forest Trail 1431 Forest Trail ............................................................... 1437 Forest Trail ............. ..................................... 1443 Forest Trail .......... ..................................... Forest Edge .................................... ...... ................ 1436 Forest Trail ............................................................... 1430 Forest Trail ....................................... ........ Forest Trail 1425 Lake Trail North ............................................................... 1433 Lake Trail North ..... .............................. 1439 *** '' ... "'Trail North :............................... ......................I........ 6612 Forest Edge 1 Tax # ................................ ................................................ UNKNOWN ................................ ................................................ UNKNOWN .............. I .................. ............. ................................ ................................................ UNKNOWN ................................ ................................................ UNKNOWN . ................................ .................... ..................... UNKNOWN ............. I .................. ................................................ UNKNOWN ............................... ............................................... iUNKNOWN ................................................................................. UNKNOWN ................................. ............................................... UNKNOWN ................................. ............................................... UNKNOWN ................................................................................. UNKNOWN ................................................................................. IUNKNOWN ................... 2 ............. . ............................................... �UNKNOWN ................................. ............................................... UNKNOWN ................................. ............................................... UNKNOWN ................................. ............................................... UNKNOWN ................................... ............................................... !UNKNOWN _♦ ........................................................................................................................ Lot # ............................... Address ........... ..................... 19 ......... ................................. ..............................s 6618 Forest Edge .............................., .............................: 20 .................................... :1513 Lake Trail North : ........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... .. . .. . . . . . . . . . . . . . .. .. ... . . . .. . . ... . ... . . . ............................................. 21 6610 Fox Lane 22 18 Fox Lane 23 ...... 6624 Fox Lane ............................... ......................................................................................................................... 24 1 6806 Fox Lane : .................... . ............................. ...................................................... .. ............................................. 25 : 6814 Fox Lanes : . ......................I......:. 26 ... .............................................................. ...............I............... 1518 Lake Trail South .............................................:............................................................................ 27 ....I.......................... 1510 Lake Trail South ..............................: .. ............................................:............................................................................ 28 1502 Lake Trail South s .............................................;........................................................................... 29 ............................... :1432 Lake Trail South ....................................:............................................................................ 30 ............................... € 1424 Lake Trail South ........................................ :........... .............. . ............................... 31 ........................................................ € 1418 Lake Trail.South ..............................................:............................................................................ 32 ........................I...... 1410 Lake Trail South ............................... .............................................. 33 ......... ................................................................... 1384 Lake Trail South .......................................................................................................................... 34 ............................... € 1378 Lake Trail South ............................... ..............................................:............................................................................ 35 :1370 Lake Trail South ..............................................:........................................................................... 36 ............................... :1326 Lake Trail South ............................... ..............................................:........................................................................... 37 1354 Lake Trail South ............................... ..............................................:........................................................................... 38 :1346 Lake Trail South .......... . ................................... 39 :.......................................................................................................... 1338 Lake Trail South .....................I......... .............................................:........................................................................... 40 1330 Lake Trail South .....................I......... ..............................................:........................................................................... 41 1322 Lake Ridge Court ..............................................;........................................................................... 42 ............................... 1312 Lake Ridge Court ............................... ...............................................:........................................................................... 43 € 1304 Lake Ridge Court ................................... 44 ............................... 1250 Lake Ridge Court .........I..................... ...............................................:........................................................................... 45 1424 Lake Ridge Court ............................... ...............................................:........................................................................... 46 1228 Lake Ridge Court . ............................... ................................. ............................... 47 1220 Lake Ridge Court :.................................................................. ........................................ ............................................... 4g Lake Ridge Court ............. ............................... .. ........................:..1219 49 :1231 Lake Ridge Court ............................................... 50 :.......................................................................... ............................... € 1245 Lake Ridge Court ............................... ...............................................:.......................................................................... 51 1305 Lake Ridge Court ............................................... 52 :........ ........................ ....... .... ......................... ..................................... 1324 Lake Ridge Court ............................... .......................................................................................................................... 53 € 6816 Beaver Trail ................I.............. ...............................................:.......................................................................... 54 1337 Lake Trail South :......................................................................................................... ................ . .............................. 55 1345 Lake Trail South ............................... ................................................ 56 ............................................................... 1353 Lake Trail South :............ 57 ..... ......... ..... ................. ................................................... ...... :1361 Lake Trail South P Tax # ............. ............................ UNKNOWN ............................. ............................... UNKNOWN ............................. ............................... UNKNOWN ............................. ............................... UNKNOWN ............................. ............................... UNKNOWN ............................. ............................... UNKNOWN UNKNOWN ............................................................ UNKNOWN ............................. ............................... UNKNOWN ............................. ............................... UNKNOWN UNKNOWN ............... ............................... UNKNOWN ................ ............................... UNKNOWN ............... ............................... UNKNOWN ......... ............................... ..UNKNOWN UNKNOWN ............................................... UNKNOWN ................ ............................... UNKNOWN ................ ............................... UNKNOWN - ------- ------------------- -------------- ------ UNKNOWN .................... ............................... UNKNOWN .. ............................... UNKNOWN .. ............................... UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN UNKNOWN ... ............................... UNKNOWN UNKNOWN ......... I ........................ UNKNOWN ... ......I ........................ UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN UNKNOWN ------------ ------------- -------- UNKNOWN .. ............................... UNKNOWN ... ............................... UNKNOWN ... ......I ........................ UNKNOWN ... ............................... UNKNOWN .. ............................... Lot # .. ............................... 58 .. ............................... .. ...................... 5.....9 .... 60 .. ............................... 61 .. ............................... 62 .......................... 3.... 63 64 65 .. ............................... 66 .. ............................... 67 .. ............................... 68 .. ............................... 69 .. ............................... . ...................... 7......0 ... 71 .. ............................... 72 .. ............................... 73 .. ............................... 74 . ............................... 75 76 ... ............................... 77 .. ............................... 78 .. ............................... 79 .. ............................... 80 .. ............................... 81 .. ............................... 82 .. ............................... 83 .. ............................... 84 .. ............................... 85 .................... I............ 86 .. ............................... 87 .. ............................... 88 .........89 .. ............................... 90 .. ............................... 91 .. ............................... 92 .................. I............. 93 .. ............................... 94 . ............................... 95 ...................... 96 -------------------------------------------- Address ................ .......................................................... 1369 Lake Trail South ........................................... ............................... 1377 Lake Trail South ........................................... ............................... 1403 Lake Trail South :........................................... ............................... € 1411 Lake Trail South .................... ............................... ........... 1 1419 Lake Trail South .......................................... ............................... 1427 Lake Trail South 1505 Lake Trail South .:.......................................... ............................... 6802 Fox Lane .:.......................................... ............................... 6720 Fox Lane .:.......................................... ............................... 1514 Lake Trail North .:.......................................... ............................... 1506 Lake Trail North .:.......................................... ............................... 1428 Lake Trail North ......................................... ............................... 14 Lake Trail North .:.......................................... ............................... € 1412 Lake Trail North .:.......................................... ............................... 1404 Lake Trail North 1382 Lake Trail North ..:......................................... ............................... 1374 Lake Trail North ..:......................................... ............................... 1366 Lake Trail North ..:......................................... ............................... 1358 Lake Trail North ............................................ ............................... 1350 Lake Trail North ..:......................................... ............................... 1342 Lake Trail North ..:......................................... ....... ............ ............ 's 6732 Beaver. Trail ..:......................................... ............................... 1 1324 Southfield Lake Trail ............................................ ............................... 1306 Southfield Lake Trail 124.. Southfield Lake Trail 1236 Southfield Lake Trail 2""', §' Southfield Lake Trail ...:........................................ ............................... 6604 Blue Bird Trail ...:........................................ ............................... 1 6610 Blue Bird Trail ............................................ ............................... 6616 Blue Bird Trail ...:........................................ ........I...................... 6622 Blue Bird Trail ...:... ................... ...... ........................................... 6628 Blue Bird Trail . ...:........................................ ............................... 1112 Red Bird Trail ...:........................................ ............................... 1 1118 Red Bird Trail ........................................ ............................... € 1124 Red Bird Trail ........................................ ........I...................... € 1204 Red Bird Trail ........................................ .........I..................... 1 1210 Red Bird Trail ........................................ ............................... 1113 Southfield Lake Trail ..:.................................... ............................... 1119 Southfield Lake Trail 3 Tax # UNKNOWN . .... ............................... UNKNOWN .... ............................... UNKNOWN UNKNOWN ..... ............................... UNKNOWN ..... ............................... UNKNOWN ..... ............................... UNKNOWN ..... ............................... UNKNOWN .... ............................... UNKNOWN .... ...............N............... UNKOWN . .... ............................... UNKNOWN UNKNOWN ........................ ......I........................ UNKNOWN ........................ ............................... UNKNOWN ........................ ............................... UNKNOWN ....................... ............................... UNKNOWN ....................... ............................... UNKNOWN ....................... ............................... UNKNOWN ... _ .............................. I.................. UNKNOWN ....................... ............................... UNKNOWN ....................... ............................... UNKNOWN ........................ ............................... UNKNOWN ........................ ............................... UNKNOWN ........................ ............................... UNKNOWN ........................ ............................... UNKNOWN ........................ ............................... UNKNOWN ........................ ............................... UNKNOWN ....................... ............................... UNKNOWN ....................... ............................... UNKNOWN ....................... ............................... UNKNOWN ...................................................... UNKNOWN UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN ... ............................... UNKNOWN ................... I .............. UNKNOWN ... ............................... UNKNOWN . ............................... . ............................... < ............................... { Lot N Address Tax 9 98 1205 Southfield Lake Trail IUNKNOWN outhfield Lake Trail :UNKNOWN 1222 Red Bird Trail ::UNKNOWN 8 Bird Trail UNKNOWN 02 1234 Red Bird Trail ::UNKNOWN 03 1240 Red Bird Trail UNKNOWN 6 Red Bird Trail UNKNOWN 1252 Red Bird Trail UNKNOWN 106 1223 Southfield Lake Trail UNKNOWN UNKNOWN 9 1241 Southfield Lake Trail 10 1247 Southfield Lake Trail UNKNOWN 1253 Southfield Lake Trail ::UNKNOVvTN 113 1311 Garde' W :UNKNOWN UNKNOWN 116 1327 Garden Way UNKNOWN UNKNOWN 118 1339 Garden Way 119 1345 Garden Way I UNKNOWN 120. 13 51 Garden Way UNKNOWN UNKNOWN 123 1367 Garde Way UNKNOWN 125 1317 Garden Way UNKNOWN 126 1 04 Garden Way UNKNOWN 127 13 10 Garde ri.�Yff uNKNO 128 1316 Garden Way UNKNOWN 129 1322 Garden Way I UNKNOWN 130 1328 Garden Way UNKNOWN 13 Way UNKNOWN 133 1 1346 Gii�en Way UNKNOWN 1352 Garden Way UNKNOWN 135 1 13 5 8 Garden Way UNKNOWN 4 .............................................................................................................................................................................................................. . ............................... ............................ ........................................................ . ................ ......:. ..................................,............................................. . tot - - - -- ---- - - - - -- 1325 Lake Trail North ......................... ............................... UNKNOWN ............... ............................... all in South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: SOUTHFIELD LAKE A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARY DESCRIBED AS FOLLOWS: COMMENCING AT A NAIL WITH DISC MARKING THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE NORTH 00 008'59" WEST, ALONG THE WEST LINE OF SECTION 6 A DISTANCE OF 701.00 FEET TO A NAIL WITH DISC, THE "POINT OF BEGINNING" OF SAID PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 00 008'59" WEST, ALONG THE WEST LINE OF SECTION 6 A DISTANCE OF 337.13 FEET (CITED IN PRIOR DEED AS 336.83 FEET) TO A NAIL WITH DISC MARKING THE SOUTHWEST CORNER OF SOUTHFIELD SUBDIVISION SECTION THREE WHICH IS RECORDED AS INTRUMENT NO. 9853561 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 89 °49'32" EAST, ALONG THE SOUTH LINE OF SAID SOUTHFIELD SUBDIVISION SECTION THREE, THE SOUTH LINE OF SOUTHFIELD SUBDIVISION SECTION FOUR WHICH IS RECORDED AS INSTRUMENT NO. 9925490 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AND THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECORDED INSTRUMENT NO. 9661170 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, A DISTANCE OF 2618.98 FEET (CITED IN PRIOR DEED AS 2628.00 FEET) TO A 5/8" IRON BAR WITH CAP ON THE NORTH -SOUTH CENTERLINE OF SECTION 6; THENCE SOUTH 00 °35'04" WEST, ALONG THE NORTH -SOUTH CENTERLINE OF SECTION 6 A DISTANCE OF 1025.28 FEET (CITED IN PRIOR DEED AS 1035.20 FEET) TO A 5/8" IRON BAR WITH CAP MARKING THE CENTER OF SECTION 6; THENCE SOUTH 89 °53'30" WEST, ALONG THE EAST -WEST CENTERLINE OF SECTION 6 A DISTANCE OF 2171.43 FEET (CITED IN PRIOR DEED AS 2172.30 FEET) TO A 5/8" IRON BAR WITH CAP ON THE EAST LINE OF LOT 1 OF BAILEY'S MIAMI ROAD MINOR SUBDIVISION WHICH IS RECORDED AS INSTRUMENT NO. 8406190 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 00 038'57" EAST, ALONG SAID EAST LINE A DISTANCE OF 197.38 FEET TO A 5/8" IRON BAR WITH CAP MARKING THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89 °58'31" EAST, ALONG THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECORDED INSTRUMENT NO. 8826863 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA A DISTANCE OF 14.56 FEET TO A 5/8" IRON BAR WITH CAP; THENCE .NORTH 00 °20'24" WEST A DISTANCE OF 503.01 FEET TO A 5/8" IRON BAR WITH CAP ON THE NORTH LINE OF SAID PARCEL DESCRIBED IN RECORDED INSTRUMENT NO. 8826863; THENCE SOUTH 89 °58'31" WEST, ALONG SAID NORTH LINE A DISTANCE OF 450.01 FEET TO THE "POINT OF BEGINNING ". CONTAINING 54.688 ACRES, MORE OR LESS. and this property which has Tax Key Numbers 23- 1010 -1087; 01- 1010 - 018601 and 01 -1010- 018602 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6- 1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, the Department of Community and Economic Development has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1- 12.1, et seq., and South Bend Municipal Code Sections 2 -76, et se q., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS, the Community and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION, I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et se q., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or 0 ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6- 1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. 7 SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period. of five (5) years. SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. rRE-SENTED NOT APPfOVEQ ADOPTEQ 8 Member of the Common Couneil 49♦ry � �! 1 N.R.,/ .E!� Y5<_� ! J�L dye .a 1 , aitg Cep L: i�:7 ! +`. 7 €:: thsi' i ;.e 7 and Gownci VAQ.i oil US !&Suof ; Filed--In--Clerk's Office I,CP t: dii,4 : J4'11iL c1TY 08 -84 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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. 08 -85 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 LOT NUMBERS 1 THROUGH 141 ALL IN SOUTHFIELD LAKE AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE - YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LLE REAL ESTATE, LLP 10. BILLS, FIRST READING BILL NO. 55 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT #4, JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI, 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA 56 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2009 57 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS FOR FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2009 58 -08 FIRST READING ON A BILL LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 59 -08 FIRST READING ON A BILL APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 60 -08 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT 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: 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, Ei III ABONMARCHE CONSULTANTS, L.L.C. Derek J. Spier, AICP Planner cc: File M8 -0554 -132 Jennifer Laurent, Economic Development Sp 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 FEETTO 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. Member of the Common Council / lMgnln$ o$ TM9 Fill T5 unty TO* nro ide Attest: an opportunity for public I eusina 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. ��Po1NG F -<k-�y ASA NtiARtP'r� ? PISSED Mayor, City of South Bend, Indiana Filed In G10TWS ®-!�"G'o AUG - 6 2008 JoU4 110 Cti'Y CR�RK, PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: ARgHa 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 In ress -E ress 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 In res;/Egress Easement 30 feet in width shown on the Hatl of Fame & Chocolate Cafe Minor Subdivision (Instr. #0365°o11). NAME (signed & printed) ADDRESS LOT # City of South Bend, Redevelopment 1200 County -City Building, AA AuthoMy South Bend, IN 46601 Halt of Fame & Do ath k. Inks, irecto ChocolateCafe Minor 7 R� Sub. (Instr. 40365811) (Si Jned) City of South Bend, for the Use & 1200 County -City Building, 38 through 40 Benefit of Its Department of South Bend, IN 46601 Original Plat of the Town, now the City of Redevelopment South Bend (Plat Book D%(S' a E. Inks, Director 1, Page 1 & 2) s n of Econ is elo ent ned) CONTACT PERSON (S) NAME: Derek J. Spier, AICP ADDRESS: 750 Lincoln Way East RETURN TO: South Bend, IN 46601 OFFICE OF THE CITY CLERK PHONE: 574 -232 -8700 JOHN VOORDE, CITY CLERK ROOM 455- COUNTY -CITY BUILDING NAME: Jennifer Laurent, Economic SOUTH BEND, IN 46601 Development Specialist 574 - 235 -9221 Department of Economic Development ADRESS: 1200 County -City Building, i a Hied In South Bend, IN 46601 PHONE: 574 - 235 -9336 =Z� , [' t � +rJ1 4 i +1•' 'a1�� A '4 t t .t .'� II • �. r :1a� _�� a��la^�.1•!•F low fat., ` � 1 s: • s s .t ; r �. �� d.� rJ M i 3 1 1 x a ►, v w �e9•yVVV�[, y a ♦ S l- r.a [� �q, �' ti�l � �.J �'r+ i"'� lf�ry�,�/F lVl I) 1' SrY l .4 ry."' +t i .'.Lp�i..` ..i- i I[�1 '(( �} ��•r� a'� a 1 y�J � 3 ��: .r LI jJ. i Ly 1 + r •1"drP I '. - : CS' ALL WL 44rr_. �Lrwwri�. j}• i .. _. iw�ll' N �'�..ar..Y _ n�r•jP Yt b `` �'. 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AUG - 6 2008 L,06A i <) `A fiAA-P G {T`f CLERK, M-[!�,1�8. m a 0 c m K z z M x x w a 3 0 a U m EXHIBIT B -2 �p1 PF PEE pR spe SOUTH EDGE OF PUBLIC SANITARY SEWER EASEMENT (AS SHOWN ON INSTR. #0365811) — — — — — — — — — — — — — — — — — — — — — — —{ F 30' WIDE PUBLIC INGRESS & EGRESS EASEMENT — — — — — — _ — — — ` (AS SHOWN ON INSTR. #0365811) N89'45'18 "E i� 140.26' N\ LD I LO p i S 0 A V C T #b 5b'1 NI — — —I o _ — S89'45 18 ' W 140.29' _ — 0 LOT 38 P.O.B. PLAT, � w - ORIGINAL BEND vCITY OF SOUTH SURVEY BY. o PF�JOR NSULTANTS DATED: 05/15/06 13r1 W.0 till _ = LS20200020 STATE OF = Jill" - -AARON W. BLANK, P.L.S. _ DATE PROFESSIONAL LAND SURVEYOR #LS20200020 STATE of INDIANA: LEGAL DESCRIPTION m A PORTION OF PUBLIC INGRESS & EGRESS EASEMENT Prepared for City of South Bend, IL Community' and Economic Development w by Abonmorche Consultants of Indiana, LLC. (Job #M4 -0379) LEGEND Sheet 1 of 1 1-- w w rn 2 tZ w co 0 H1507 In, bs4 .[�sa aJ� y AUG ales!A C-0-ri in CITY CI- Eii':, S0. 5E ED. !H. R/W RIGHT OF WAY DESCRIBED AREA 0 15- 30 60 SCALE 1 " =30' ® ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way East Fort Wayne, Indiana':. South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232 -8700 Manistee, Michigan !` FAX: (574) 251 -4440 ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES SCALE: 1 " =30' DATE: 06/16/08 DRAWN BY: JLM CHECKED BY: SOUTH EDGE OF PUBLIC SANITARY SEWER EASEMENT (AS SHOWN ON INSTR. #0365811) CD I N I N89'4 '18 "E 12'. 0' LOT 43A I I 1 HA LL OF FAME CHOCOLATE RUB I I EXHIBIT B -1 30' WIDE PUBLIC INGRESS & EGRESS EASEMENT (AS SHOWN ON INSTR. #0365811) S89 °45'18 "W 128.29' P.O.C-/ NE CORNER LOT 38 P.O.B. CAFE - - --1 i -tai 0' iLOT 38 LOT 43 I 1 I I I I i i SURVEY BY: ULTANTS I o II I i PRIOR BORCHER� NS 1 I� ABON pgTED: 05/15/06 LOT 42 ORIGINAL SOUTH CITY OF I--I � o I �I wl o �I z � I � L— I I { I LOT 41 { Id LOT 39 pT ORIGINAL SOUTH CITY OF owl i 010 I / I � i 1 1 LOT 40 I 1 {-- 28.100' I I —R /W S89'4 '03 "W R/W 12. �O' 40.00' JEFFERSON BOULEVARD ° ° — — — Sheet 1 of 1 rGd Pi� 7j;M` pgx ?�tc�g(�, @i.s�3esii'��5ie =-6 C►id Clad olll[1 1111,,,1 � W. e <'�f��' * = LS20200020 STATE OF ' N i'z"', AARON W. BLANK, P.L.S. DATE PROFESSIONAL LAND SURVEYOR #LS20200020 STATE of INDIANA LEGEND R/W RIGHT OF WAY DESCRIBED AREA 0 . 15 30 60 SCALE 1 " =30' LEGAL DESCRIPTION ®® ABONMARCHE CONSULTANTS, L.L.C. A PORTION OF DeRUE COURT - 750 Lincoln Way East Fart Wayne, Indiana Yn oPrepared for City of South Bend, South Bend, Indiana 46601 Benton Harbor, Michigan Manistee, Michigan' a Community and Economic Development (574) 232 -8700 C9 by Abonmbrche Consultants of Indiana, LLC. FAX: (574) 251 -4440 o (Job #M4 -0379) ENGINEERING / LAND SURVEYING / PLANNING / CONS7RUCl10N SERVICES 'SCALE: 1"=30 ' ' DATE: 08/04/08 I DRAWN BY: JLM I CHECKED BY: B16 COUNTY-(-ITT hUILDING 227W JEFFERSON BOULEVARD SOUTH BEND, INDIANA 116601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECICE, Ni1AYOR BOARD OF PUB11C WORKS PH c)N-jL .)7z'l 235 -925 i F,ax 574/235-91-71 TDD 574/ 235 -5567 TO: Jennifer Laurant FROM: Linda Martin, Clerk SUBJECT: Alley Vacation — Portion of DeRue Court and Access Easement DATE: 7/28/08 The Board of Public Works, at its meeting held on July 28, 2008, meeting, reviewed the above referenced request and gives a favorable recommendation for vacation. Please note, the Board corrected the alley name to DeRue Court, rather then Woodward Court. However, please address the following items: Ownership of the land, if any, by the College Football Hall of Fame; Bond restrictions. 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 extension 92511 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. GARY A. GILOT, P.E. CARL P. LITTRELL, P. F. DONALD E. INKS PRESIDENT MEMBER MEMBER ILA 867.4 co -005(j 3 LL 10047 7 fs:5L003 4 004r O , D 0.60 a5 ao5e 1 q rl p 244.07 -Y4 45.1 AVE --i—us 20 COLFAX ao.oda I t 73. 3- A..3474. 7 'o 273 IT' ,4 - 74. q 3474.04 q 09 1 in 3 FISH LACIDER :18: 3:0 C, HYDFI( ELECT, PLANT 18-3091 Q, -�474.0/ ..... ..... 0425 3134 ST . f ELEVATE I > p EDESTRIAM V 474 PIA3HING ' WALKWA Y kA-3474-05 1A- 0013.01 l4, 00100 -0015 '00 _o017 BLVD. QG 4 `�C :0098 ,.69-oc4q L 5-5 PTAA -3474.05 .07 d P- ACAV boarp TV - 18 -5005 IqC3.7 x,.23 J 1 411 4 CID ti STP 2 - 1p fV r a .0 ', 1�1, 40 18 -5001 D 15� n f 4 40 qq ° -0005 -N7* 6.72 T, 18-3089 41 JEFFERSON tA JEFFERSON BLUR. BLVD. 4 7 16 4 148 7, "1 49a -0057 ILI I 4u 71-r 120 t 4y) AVE. Pv 16T.6 .676 DO J ! -0431 IS A - 29 u 6c, rvi yI 4 0 47-007, 46 /32 M11A OV1. ASHING IvT -N7* 6.72 T, 18-3089 41 JEFFERSON tA JEFFERSON BLUR. BLVD. 4 7 16 4 148 7, "1 49a -0057 ILI I 4u 71-r 120 Pv 13 211T --- Apn IS A - Jul. 11. 2005 7.08AM BRD PUB WORKS & SAFETY INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS IN 0. 2916 P. 1 2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (ibyornia_co.st- ioseph,in.us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development B.ob 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 (irbettinanisource.com or 284 -2220 fax) For Informational v Purposes Only FROM: Linda M. Martin, Clerk J Y, RE: Request for Recommendation - Alley Vacation Location: Portion of N/S Woodward Court and ENV Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street (Preliminary Review) DATE: July 10, 2008 DUE: July 22, 2008 FAX OR E -MAIL TO: 235-91711 Imarti I(@southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: .1 �tc Yz,C"9 +)ns /a, �' k ,9 /' "f IrezSl_ .%• a..),I ", < I ae. «9" t BY: ,�+:1� {cam DATE: 07/11%2003 12:09 FAX vu,, t i. 4uv0 r: niri Eolith ruC VtJKtN )ArLIY INTER— OF-FICE MMMORANDUM BOARD OF PUBLIC E!'a ;ORKM U 002;`00 No. 2916 P, 1/2 TL': Oerl Llttr°ell, Unginearing Departmont John 113yorni, Area Plan Commission .byoral o,. *M j�in.u3 or 235-9813 fox) Jeff Gibney, Community & Economic Daveloprnent Chris Droseol, Community & Economic Development Eob,Mathia, Community Cx Economic Development F®d®fco Rodriguez, Fire Department Andre Prig, Solid Want® Stephen Goan, Police Department Ch®ry1 Greene, City Attorneys Office Jiro Bettin, NI17600 (Irb®wIgUlp rtrco cM or 284 -2220 fax) For Informatlonfl Pur'poaaa Only FROM: Linda M, Martin, Clort( " RE: Request for Recommendation - alley Vacation Location. F'orifan ai NJS W ®odw Court 2nd E8U @crass Easement at NYY Review) DATE, July 10, 2008 DUE:. Jtafv 22-200- FAX OR E -MAIL. Tg ;, ?,, 9171 / Irnar lfl( Mj&andin 9pv Received Time Ju.1.14, 12:17PM Jul. 11, 2400 7'.06AM BRD PH WORKS & SAFFIY INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS No, 2916 P. 1/2 TO: Carl Littrell, Engineering Department John Byorni, Area Plan Commission (Ibyorn16c cost joseph.in.us or 235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Bob Mathia, Community & Economic Development Federico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk{` RE: Request for Recommendation - Alley Vacation Location: Portion of N/S Woodward Court and ENV Access Easement at NW _Corner of Jefferson Boulevard and St. Joseph Street (Preliminary Review) DATE: July 10, 2008 DUE: July 22, 2008 FAX OR E -MAIL TO:, 235 -9171 / ImartinCa�outhbendin.clov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. r � BY: ,!14 -f DATE: I- , ji r" T3 El 71 21 n r. noo 0 17F n 16 1 i4 (',OMM'Ui1j1TY DEVELOPMENT !D-1-15742359697 114TER- OFFICE NME1 OIRZANDUM 130ARD OF PUBLIC WORK TO; Carl Utfre0, Engineering Department John Byomi, Area Plan Commission .b orni eo.st- ose h,in.us or 235 -9813 fax) , -daff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development Mathia, Community & Economic Development erico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO oLbettin nlsource.com or 284 -2220 fax) For Informational Purposes Only PROM: Linda M. Martin, Clerk<`J RE: Request for Recommendation - Alley Vacation Location: Portion of N/S Woodward Court and ENV Access Easement at NW Comer of Jefferson Boulevard and St. Jose h Street (Preliminary Review) (DATE: July 10, 2008 DUE: July 22, 2008 FAX OR E -MAIL TO:. 28S -9171 / Imartin @southhendin.gov RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: a BY: (,k f►s Q (eS S g I DATE: `7 I2 a jO Received Time Jul,23, 3:26PM P -01 Me 07/24/2008 08:33 13 a D 5742357536 SOUTH FEND POLICE INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS PAGE 01/01 TO; Carl Littrell, Engineering Department John Byorni, Area Plan Commission (jbvorni Qco.st- ioseohJn.us or 235.9813 fax) ✓feff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development �6e105 Mathis, Community & Economic Development o,,,.Ftderico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCDnisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk RE: Request for Recommendation - Alley Vacation Location: Portion of N/S Woodward Court and ENV Access Easement at NW Comer of Jefferson Boulevard and St. Joseph Street (Preliminary Review) DATE: 1 11 I 1111 IOMI+•��Iw�01�� July 10, 2008 I�1� DUE: July 22, 2008 FAX OR E -MAIL TO:, 236-91711 Imartin(a-1southbendin.aov RETURN RECOMMENDATION PAGE ONLY, ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS': BY: Received-Time Jul-24. 6:39AM DATE: 1l.7 Y(Dg Page I of l Linda Martin - Fwd: Re; Alley vacation - Woodward Court and E ?W Access Easement at NW Corner of Jefferson and St. 7 From: Jennifer Corle To: Linda Martin Date: 7/24/2008 1:25 PM Subject: Fwd: Re: Alley vacation - Woodward Court and E ?W Access Easement at NW Corner of Jefferson andSt. J -- . —. -- - -- — - -- — — - - - -- -- — — -- — - -- >>> Andre Price 7/24/2008 12:55 PM >>> this will not affect trash collection. >>> Jennifer Corle 7/23/2008 1:52 PM >>> Good afternoon. I've attached a request for the above alley vacation and access easement that was sent on July 10, 2008. This is an urgent request and I hope to get your response by Friday, July 25, so the Board of Public Works can review it at their next Board meeting. Thank you in advance, Jennifer Corle Department of Engineering Board of Public Works 227 West Jefferson, Room 1316 South Bend, Indiana 46601 (574) 235 -9251 (574) 235 -5927 (Direct Line) Fax: (574) 235 -9171 E -mail: jcorle southbendin.goy file: //C:Tocuments and SettingsTM.ARTIN \Local Settings \Temp\XPgrpwise \488882BBS... 7/24/2008 pp a �a ^fi A j! c - ;'fit 5"' -1140 County -City Building South Bend, Indiana 46601 John W. Byorni Executive Director Larry P. Magliozzi Assistant Director Fax 574 235 -9813 Phone 574 235 -9571 www. stioseplicourityindiana .com /areaplan July 24, 2008 The Board of Public Works 13 "' Floor, County -City Building South Bend, Indiana 46601 RE: Right -of -Way Vacation — Eastern 12' of N/S DeRue Court, and E/W Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street Dear Board Members: The staff has reviewed this petition. It is the staff's opinion that: (1) The vacation would not binder 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 request be approved, subject to any needed utility or access easements recommended by the Department of Public Works. Staff would further note that the name of the right -of- way is DeRue Court and not Woodward Court. Sincere( , Larry Maglozzi Assistant Director Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana �wa -X��•u .a� ;� INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO: �arl Littrell, Engineering Department John Byorni, Area Plan Commission (ibyorni a(Dco.st-ioseph.in.us or 235 -9813 fax) 2eff Gibney, Community & Economic Development ''Chris Dressel, Community & Economic Development .Bab Mathia, Community & Economic Development v erico Rodriguez, Fire Department ndre Price, Solid Waste ,,{ephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbetbn(i�nisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, Clerk j)l RE: Request for Recommendation - Alley Vacation Location: Portion of N/S Woodward Court and E/W Access Easement at NW Corner of Jefferson Boulevard and St. Joseph Street (Preliminary Review) DATE: July 10, 2008 DUE: July 22, 2008 FAX OR E -MAIL TO:, 236-61711 (martin southbendin, ov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: BY: A��L� .tjC L. DATE: �- << U v v SOUTH EDGE OF PUBLIC ii. l SANITARY SEWER EASEMENT BB i 1 1 (AS SHOWN ON INSTR. #0365811) - — — — - 1 30' WIDE PUBLIC INGRESS & EGRESS EASEMENT (AS SHOWN ON INSTR. #0365811) N I N89'4 '18 "E II 12. 0' S89 °45'18" LOT 43A P.O.B. 1 ,II - - -- i 28�I 0' -1 -LOT 38 LOT 43 40 PAC: NE CORNER LOT 38 I � 10 I 1 rnl I E C NTS Ofi PRARCH ON o Ag0NM D5/15/06 u/ DATE D m LOT 42 ! ! �� w I /LOT 39 °I�lI 00 I� z �l� ) i L_ 7 '- I -� - -- I ► �� LOT 41 ! I LOT 40 I I � I �� I I �II� . �� I 1 I 28.100' � !I' �� I � I - -- I I �i� �� -_ —� L_— I -- R/W - R/W S89'4 '03 "W 12.0' 40.00' — O JEFFERSON BOULEVARD LEGAL DESCRIPTION A PORTION OF DeRUE COURT Prepared for City of South Bend, Community and Economic Development by Abonmorche Consultants of Indiana, LLC. (Job #M4 -0379) Sheet 'l at '1 w.Qj�/ LS20200020 STATE OF AARON W. BLANK, P.L.S. DATE PROFESSIONAL LAND SURVEYOR #LS20200020 STATE of INDIANA LEGEND RR/ /WW RIGHT OF WAY DESCRIBED AREA 0 15 30 60 SCALE 1 " =30' ®® ABONMARCHE CONSULTANTS, L.L.C. 750 Lincoln Way East Fort Wayne, Indiana South Bend, Indiana 46601 Benton Harbor, Michigan (574) 232 -8700 Manistee, Michigan FAX: (574) 251 -4440 ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES SCALE: 1 " =30' I DATE: 06/16/08 I DRAWN BY: JLM I CHECKED BY: n. d 8 N K 0 z 2 m Shea 1 of 1 vol p F PME pR Sv81 SOUTH EDGE OF PUBLIC OF \��N SANITARY SEWER EASEMENT N PEE GPF� (AS SHOWN ON INSTR. #0365811) CNOCo I� _ _ _ _ _ _ _ - - - -- — --- iil 30' WIDE PUBLIC INGRESS & EGRESS EASEMENT — — _ — w —I — — — — — — (A—S SHOWN ON INS1R. #0365811) w� Z_- / N,899''45'18 "E_ ^/ 1140.2`6'- --. N I O' . �'(� SNO N AS' V C E{� fl /9iT D3$5�1 ')� NI CL — —I CD ` - _ _ S89 5 18 W 140.29 _ �_ Cn 4 -' LOT 38 P.O.B. a' w d SUF�VCy By p PRIOR HE CONSULTANTS ABON DARED: 05/1506 LS20200020 a STATE OF r r , ".,4V r 2- ice` �� 1'A,``.�` O rS UR��` AARON W. BLANK, P.L.S. DATE PROFESSIONAL LAND SURVEYOR #LS20200020 STATE of INDIANA LEGEND R/W RIGHT OF WAY �vo7l DESCRIBED AREA 7• 0 15 30 60 SCALE 1 " =30' LEGAL DESCRIPTION ®�® ABONMARCHE CONSULTANTS, L.L.C. o A PORTION OF PUBLIC INGRESS & EGRESS EASEMENT Lincoln Way East Fort Wayne, Indiana m Michigan South Bend, Indiana 46601 Sou Menton Harbor, it Prepared for City of South Bend, (574) 232 -8700 Manistee, Michigan zCommunity and Economic Development FAX: (574) 251 -4440 W by Abonmarche Consultants of Indiana, LLC. ENGINEERING / LAND SURVEYING / PLANNING / CONSTRUCTION SERVICES (Job #M4 -0379) SCALE: 1 " =30' I DATE: 06/16/08 I DRAWN BY: JLM I CHECKED BY: 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 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. I wish to thank the Council for it's time and effort in this matter. Filed In Cleric's OIFS AUG 14 2008 JON VOORDE Cliff' CLERK, SC. SEND, IN. 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 Key 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 Member of the Common Coy�flicil s' ` n cz is s p .0 y h! .a council �;jon on tKi *z Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2 , at o'clock City Clerk Approved and signed by me on the day of , 2 , at o'clock . M. Mayor, City of South 1 st READING ��Z -S�— 0 V PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED a —n ruiana led In Cler'k's Office AUG 14 2008 JCI.IEQ \1001EDE CITY CLE"hK, 90. KIM, IM. PETITION TO VACATE PUBLIC RIGHTS -OF -WAY (STREETS /ALLEYS) TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DATE: OAS' —//i— 7-"'�,— 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 EASTlWEST 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 AS: DIRECTLY WEST OF 807 W WASHINGTON ST ADDRESS 807 W WASHINGTON ST SOUTH BEND IN 46601 -1438 CONTACT PERSON LOT # #2 of Dunbar's Sub of Bank Outlots 31 & 32 Key #: 18- 1025 -1060 NAME: JAMES E BOGNAR RETURN TO: OFFICE OF THE CITY CLERK ADDRESS: 807 W WASHINGTON ST JOHN VOORDE, CITY CLERK ROOM 455 - COUNTY -CITY BUILDING SOUTH BEND IN 46601 -1438 SOUTH BEND, IN 46601 574 - 235 -9221 PHONE: 574 - 233 -6191 Property Owners Of Record Northern Indiana Historical Society 808 W Washington St South Bend IN 46601 Key Nuinbers: 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 2 _ Os3 � 18- 1025 -�0°U 18- 1025 -1071 1025 -10x5 18- 1025 -i068 1810251072 1810251073 18- 1025 -1 4 18 -1025 -1075 18- 1025 -1009 0 18- 1025 -1064 18- 10251070 18- 1025 -1063 R150' \ 18- 1025 -1067 e� 18- 102540 2 -1821 8- 1025 - 105701 18 -1042 -1822 18 -1025 1- 18- 1025 -1058 1& 10251060 18- 10251061 Washington St. is- .3o5a -2os5 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. 1316 COUNTY-CITY BUILDING 227 \7. JEFFEFSON BOUZE\,ARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MPYOR BOARD OF PUBLIC WORKS June 23, 2008 Mr. James Bognar 807 West Washington Street South Bend, Indiana 46601 PHONE 574/ 235 -9251 PA.=. 574/235-9171 TDD 574/ 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 picking 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. Mal tin, Cle GARYA. GILOT, P.E. CARL P. LITTRELL, P. E. DONALD E. INKS PRESIDENT MEMBER MEMBER INTER- OFFICE MEMORANDUM BOARD Or PUBLIC WORDS TO: Xrl Littrell, Engineering Department ;,.John Byorni, Area Plan Commission (235 =9813 fax) Jeff Gibney, Community & Economic Development �. ris Dressel, Community & Economic Development Zob Mathia, Community & Economic Development ;Federico Rodriguez, Fire Department Andre Price, Solid Waste v-S ephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettin(cDnisource.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 Washington Street to the First East/West Alle between LaPorte Avenue and Chapin Street i (Preliminary Review) C s DATE: April 1, 2008 ka • nrxr r g� DUE: April 7, 2008 FAX OR E -MAIL TO: 235 -9171 1 Imartin(aD-southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: i BY: TE: k I e i � Dig O ..... o 1 CL i Q o� V i V ) �� .:y - - - -7 L- a o m o oEOI- m t S'18a Llb - CO o;. 5%b EL'LS 5L roE/ L401- /bo /- LSoj,� m Bar Llid B' 8o/I ° m y•�8° - - - -- bLbo /inl Ill_° ct �Ol / /�rr r -- _m LQ - - x- 60- 1 1601 - -- - L6 1 9 Oy /lj� 00/- ! l Zbc 091 C . Ban 901 1 �Eo :Lq s 1 /) N rL61- 9601- 8 6. e m Lbe Eol- s _ —� -- L� _ -- G6/ mp -- pEll_S1_ 6El /- �l � N _. - -- - - =-I LEO /- "• � ' 6Lol- o "� rn LI z� 6F 09o1 6L o; i v M " 7j17 08t a h°� / —5b— 6011 -L —�E-�7L-I-I0/7— L _ 6/ - /� L I � bG Lb b/l n h -/ h L a oLL -6 Vi6- g t -/oL-1 ° ' � ^ .oB0eb or E n ' B/LoOBsBe --g-6QL h L ! ° a - lQ m /L609P6 blt / - b m 0I6BP/ 8u 1! 1 n •b °L ;n / L I � � sn/B;il t �6 c 9 ; , , B; l em 86/1 -goj co O N i �± , L6/1- dpC9 e CO LLl /- s-L _ Q v I o - S J %611 -1% _ 561/- - -- bb //- J��95, SL / /�•B8 �z 'd 5'L8 oe -`� G.4 'Sul — G1L,_ LG'Fd r I( F Z o Z} Z 34 G o f W m N u J = N _ W 0 O W C LL N O N O i m p • O 2 Z D Z - Y7 m= ¢ ' ¢" J• J- t� N YJ? O J U N W Og ¢ mHQO F O NY ClLL r- QP Z LL C 1 W F NO O O O 0 �Z Nd0 "� rn LI z� 6F 09o1 6L o; i v M s 0 GN AR TAX VICE I NC *.Accounting / Payroll Services * Income Tax Preparation 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, North from 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 your 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 cast/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 structures 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. 1 B 0 G NA. R TA X 9 E R V1 E If TV C * 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. hi the unfortunate event that emergency persomzel 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. Aj { r .l 2 TO: Carl Littrell, Engineering Department John Byomi, 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 (jrbettin(a,nisource.com- or 284 -2220 fax) For Informational: Purposes Only FROM: Linda M. Martin, Clerk ':All 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 Imartinna southbendiri.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: /Vo �� ; 04/02/2005 11:04 FAX INTER- OFFICE MEMORANDUM BOARD OF PUBLIC WORKS TO; Carl Littrell, Engineering Department John Byorni, Area Plan Commission (230 -6013 fax) Jeff Gibney, Community & Economic D®velopment Chris Dressel, Community & Economic Development Bob Mathla, Community & Economic Development 5ederico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goan, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irb�ttln gniscurce .cam or 284 -2220 fax) For rInfon tl0 al FROM, Linda M. Martin, Cierk ' �iTl_ RE: Request for Recommendation - Alley Vacation Location: First NorthlSouth Alley Eaat of LaPo e Avenue - North fro�w Q Any inary R@vl @w) DATE April 1, 2000 DUE: FAX OR E -MAIL TO:, 235-01711 imartlnnsouthbendill.Mv_ RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: 1\1 ' — - h—' „, e1. 10 UWV-" i Received Time Apr. 2. 11:07AM i • 002/002 i i �i i i �-•�2• aS �' s INTER - OFFICE MEMORANDUM 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 (irbettinRnisource.com or 284 -2220 fax) For Informational Purposes Only FROM: Linda M. Martin, ClerkYy� -' 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 Imartiq@!2ut bbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: i .F, n ti y H f2 ct 6.�. �< % � Ti'.+-� 1r'v ��. : (iia T" V� �j �� ;'t � •1c ST% BY: % DATE: �� area Plan Commission of St. Joseph Count, 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 1P 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 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 sIF Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana E! V6-13 -08 1 19:24 COMMUNITY DEVELOPMENT ID= *15742359697 INTER4FFIGE MEMORANDUM BOARD OF PUBLIC WORKS TO: Xrl Littrell, Engineering Department John Byorni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development ob Mathia, Community & Economic Development' _�ederico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCEbniscurce.com or 284 -2220 fax) o Infor al Only FROM: RE: n nr =- Linda M. Martin, Clerk Alv '' Request for Recommendation -Alley Vacation Location: First North /South Alley East of LaPorte Avenue North from Washln ton Street to the First I:AO/West Alle between LaPorte Aven Chapin Street P (Preliminary Revi ew) �� April 1, 2008 , DUE: April 7 2 08 FAX OR E -MAIL TO :. 235-9171 1 Imartin �southbendin -ciov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. C0 MME NTS REC_0_M_ IENDAT10NS: Vg on 1 S (< r A ML& e, sY: ��(►s}�a p het' Q(2SSe Received Time Jun.13. 9:34AM e, 1►3io8' P.01 1 i� i i I i 06/16/2001 09:40 574 -7357536 SOUTH BEND POLICE INTER - OFFICE MEMORANDUM BOARD OF PUBLIC WORKS PAGE 02/10 TO: Xrl Littrell, Engineering Department John Byarni, Area Plan Commission (235 -9813 fax) Jeff Gibney, Community & Economic Development Chris Dressel, Community & Economic Development .,/Kob Mathia, Community & Economic Development L,nderico Rodriguez, Fire Department Andre Price, Solid Waste Stephen Goen, Police Department Cheryl Greene, City Attorney's Office Jim Bettin, NIPSCO (irbettinCa nisource.cam or 284 -2220 fax) For Informational Purposes Only FR0ful: Linda M. Martin, Clerk O Y -- RE: Request for Recommendation - Alley Vacation Location:.First North /South Alley East of LaPorte Avenue, North from Chapin Streefi (Preliminary Review) DATE: April 1, Zoos (o i DUE: April 7, 2008 FAX OR E -MAIL TO: P6-9171 / lmartln southbendin.gov RETURN RECOMMENDATION PAGE ONLY. ATTACHMENTS NOT REQUIRED. COMMENTS & RECOMMENDATIONS: 2I BY. Received Time Jun.16, 7:46AM TE: 6 1l& /0 Page 1 of 1 Cathy Daniels - Re: alley vacat=ion -e of Laporte, n of washinaton ti From: Andre Price �J ��/� To: Cathy Daniels\ J 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 iile://CADocuments and Settings \CDANIELS\Local Settings \Temp \XPgrpwise \487462AOS... 7/9/2008 7-4 4f, -o T po v0 h-q ir COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR PHONE 574 1235 -9216 FAx 574/235 -9928 TDD 574/ 235 -5567 DEPARTMENT OF ADMINISTRATION AND FINANCE M. CATHERINE FANELLO CONTROLLER August 1 ` ` J g 9, 2008 Timothy Rouse, President South Bend Common Council 4u' 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 t City Controller Filed In Clerk's Office EG2 00 8 4�0 R'. CM Gl£i. ~ So, .JANICE L. HALL ,JOHN MURPHY . ROBERT ALLEN 1'v DIRECTOR ASSISTANT CON'T'ROLLER DIRECTOR HUMAN RESOURCES INFORMAnONTECHNOLOGY r li 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 III. 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 Council/ pUe� �G 't;s 3�t� 7� •i -`.q !::: CJ ��{�Bg5+gi�Y{ plc r �tye4 }`ei4tiY { "•(�v��6 ".? SSS�ng L 19tr7'u'BUH. �ik.f6�Fdi.! oil his Fd'E�au ap 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. 1st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Deputy City Clerk Day of 12 at Mayor, City of South Bend, Indiana JOHN `JOOPbE CITY Gun,-SQ. C.?-:ND, IN. *2009 Salary Ordinance Setting I a --jmum Salary Job 2005 2009 Code * ** Job Title Status Salary Salary NENB -B -3 y Vv Academic Coordinator -CB Center Full-Time 30,120 30,722 NENB -B -3 Academic Coordinator -MLK Center Full-Time 34,239 34,924 NENB -C -2 Accounting Assistant Full-Time 36,501 37,231 NENB -C -1 Accounting Clerk IV Full-Time 28,426 28,994 NENB -A -S Accounts Payable Supervisor Full -Time 40,424 41,233 NENB -D -4 Accounts Payable Technician Full-Time • 29,903 30,501 NENB -C -1 Administrative Assistant I Full -Time 33,890 34,568 NENB -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 NB-A-5 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 73,44C NENB -F -1 Clerk Terminal Operator Full-Time 24,975 25,47 ENB -B -1 Club Pro Municipal Golf Course Full -Time 42,849 43,70E Code Inspector. Full-Time 34,876 35,57c NENB -B -3 Collection Specialist Full -Time 30,149 30,75: ENB -A -S Communication I Supervisor Full-Time 38,738 39,51: ENB -A -S Communication II Supervisor Full-Time 39,253 40,03E ENB -A -5 Communication Specialist I Full -Time 28,000 28,56( NENB -B -3 Communication Specialist II Full-Time 31,407 32,03! NENB -13-3 Communication Specialist III Full-Time 31,561 32,19! -F -1 Court Liaison Full-Time 29,793 30,38! INENB NENB -F -1 Crime Analyst Full -Time 32,618 33,271 NENB-F-I Crime Laboratory Supervisor Full-Time' 48,960 49,93' 2009 II 2009 Bi- Weekly ** %Increase 1,182 1,343 1,432 1,115 1,586 1,173 1,330 1,369 1,155 1,163 1,285 1,136 1,270 2,532 2,586 2,500 1,853 1,666 1,721 1,712 1,707 1,616 2,097 1,899 1,657 1,894 485 1,192 2,418 1,934 1,491 1,398 2,876 1,597 1,369 1,450 1,840 1,989 1,491 1,658 1,666 1,697 1 ° ,67 1,11E 3,17E 2,82: 98( 1,68: 1,361 1,18, 1,52( 1,541 i 1,09. i 1,23'. 1,23 1,16' 1,28 1,92 0 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% -3.1 2.1 2.1 2. 2. 2. 2. 2. 2.00% 2.00% 2.00% NEW 2.00% 2.00% 00% '2. 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.01 2.01 2.01 2.0' 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 Dept, Adm /Finance 8/19/2008 Page 1. of South Bend, Indiana 9 Salary Ordinance Setting Maximum Salary 2005 2009 2009 2009 Job Code * ** Job Title Status Salary Salary* Bi- Weekly ** % Increase iB -A -4 CSO Operations Manager Full -Time 51,690 52,723 2,028 1,425 2.00% 2.00% i'NB -B -3 Customer Service Coordinator Full -Time 36,322 37,048 1,634 2.000 113-A -4 Customer Service Manager Full -Time 41,651 38,738 42,484 39,513 1,520 2.000 % 413-A-5 Customer Service Supervisor Full-Time Full-Time 27,137 27,680 1,065 2.00 °/o :NB -F -1 Data Entry /Alarms Coordinator Full -Time 30,656 31,269 1,203 2.00% BNB -F -1 Data Entry Records Coordinator Full -Time 26,631 27,163 1,045 2.000 ,]NB -F -1 JB -A -5 Data Entry Specialist II Data - Processing Supervisor Full -Time 38,738 39,513 1,520 2.000 913-13-2 Departmental System Specialist Full -Time 40,707 41,521 1,597 2.00% 2.00% ENB -C -1 Deputy City -Clerk Full -Time 37,046 37,787 1,453 1113-A -2 Deputy Director- WaterWorks Full -Time 56,650 Eliminated =e 2.00% ENB -B -3 Design/ Plan Review Specialist Full-Time 51,980 53,020 2,039 2,086 2.00% VB -A -2 Director of Development Full -Time 53,174 54,237 2,160 2.00% NB -A -2 Director of Distributions Full -Time 55,051 56,152 2,086 2.00% NB -A -3 Director of Finance (Park Administration) Full-Time 53,174 54,237 2.00% NB -A -2 Director of Finance (Water Utility) Full-Time 55,682 56,795 2,184 N/A NB -A -3 Director of Finance (Public Works) (NEW) Full-Time 0 62,000 2,385 2.00% NB -A -2 Director of Financial Services Full -Time 51,989 53,029 2,040 NB -A -2 Director of Marketing 8& Promotions Full-Time 47,580 48,531 1,867 2.00% 2.00% NB -A -4 Director Records Bureau Full-Time - 40,000 40,800 1,569 2,571 2.000 NB -A -1 Director of Streets Full-Time 65,545 66,856 2,032 2.000 NB -A -2 Director of Treatment Full-Time 51,788 52,824 2,792 2.00% NB -A -1 Director Parks & Recreation Full-Time 71,172 72,595 3,059 2.00% NB -A -1 Director Public Works Full-Time Full-Time 77,984 53,695 79,544 54,769 2,106 2.00% NB -A -2 NB -A -2 Director - Administrative Services Director - Administrative Services -Parks Full-Time 53,695 54,769 2,106 2.00% ;NB -A -1 Director - Central Services Full-Time 64,409 65,697 2,527 2.00% 2.00% ;NB -A -1 Director -Code Enforcement Full-Time 65,232 66,537 2,559 2,049 2.00% ;NB -A -2 Director - Communication Cntr Full-Time 52,224 53,269 1,935 2.00% ;NB A -2 Director - Communications &Radio Full -Time 49,317 50,304 2.00% ;NB -A -2 Director - Communications & Special Projects Full-Time 54,961 56,060 2, 156 ;NB -A -1 Director - Community Development Full-Time 64,409 65,697 2,527 2.00% 2.00% ;NB -A -1 Director- Economic Development Full-Time 64,409 65,697 2,527 2,316 2.00% ;NB -A -2 Director- Financial & Program Management Full -Time 59,025 60,206 2.00% ;NB -A -2 Director -Golf Operations Full-Time 53,695 54,769 2,106 2,334 2.00% ''NB -A -2 Director -Human Resources Full-Time 59,506 60,696 2,006 2.00% ;NB -A -2 Director -Human Rights Full-Time 51,121 52,143 2,527 2.00% ;NB -A -1 Director - Information Technology Full-Time 64,409 65,697 BNB -A -2 Director - Planning Full-Time 55,736 Eliminated 60,277 2,318 2.00% BNB -A -2 Director - Recreation Full -Time Full-Time 59,095 45,306 46,212 1,777 2.00% :NB -A -2 Director - Secretarial Services Full -Time 63,500 64,770 2,491 2.00% ENB -A -2 ,:;NB-A-2 Director - WasteWater Director - WasteWater Maintenance Full-Time 56,416 57,545 2,213 2.00% ENB -A -1 Director -Water Works Full-Time 64,409 65,697 2,527 2.00% 2.00% ENB -A -2 Director -Zoo Full-Time 53,655 54,728 2,105 2.00% NENB -C -1 Distribution Records Drafter Full-Time 35,352 36,059 1,387 2.00% ENB -A -1 Division Director of Environmental Services Full-Time 67,500 68,850 2,648 ENB -B -2 Engineer Aide IV Full-Time. 35,352 36,059 1,387 2.00% ENB -B -2 Engineer II Full-Time 61,877 63,115 2,427 2.00% ENB -B -2 Engineer Inspector Full-Time 36,322 37,048 1,425 2.00% ENB -B -2 Event Service Technician I Full-Time 23,500 23,970 922 2.00% ENB -B -2 Event Service Technician II Full-Time 26,750 27,285 1,049 2.00% NENB -F -1 Evidence Technician Full-Time 32,629 33,282 1,280 2.00% ENB -A -1 Executive Director -CED Full -Time 87,410 89,158 3,429 2.00% ENB -A -1 Executive Director - Morris -PAC Full -Time 70,907 72,325 2,782 2.00% ENB -A -4 Facility Engineer (delete current title insert title "Facility Maintenance Manager ") Full-Time 43,017 43,877 1,688 2.00% NENB -F -1 Film Processor Full-Time 31,619 32,251 1,240 2.000/c ENB -A -2 Finance Officer (Department of Finance only) Full -Time 51,989 Eliminated NENB -B -3 Financial Specialist I Full -Time 29,903 30,501 1,173 2.00% 2.00°X NENB -B -3 Financial Specialist II Full-Time 32,616 33,268 1,280 Dept. Adm /Finance 8/19/2008 Page 2 F of South Bend, tncuana 09 Salary Ordinance Setting Maximum Salary Job Code * ** Job Title 2008 2009 Status Salary Salary* Bi- 14B -B -3 Financial Specialist III Full-Time 36,502 37,232 NB -B -3 Financial Specialist IV Full-Time 4,424 41,233 NB -B -3 Financial Specialist- Senior Full-Time 466,210 47,134 32,251 NB -F -1 FingerPrint /Photo Technician Full -Time 31,619 38,766 B -A -S Fitness Supervisor Full-Time Full-Time 38,006 35,661 36,374 B -A -S Foreman IV Full -Time 40,205 41,009 B -A -5 Foreman V Full-Time 49,724 50;718 B -B -1 Forester Full -Time 44,290 45,176 B -B -1 General Zoo Curator Full -Time 52,780 53,836 B -A -4 B -A -4 GIS Manager Golf Course /Rink Manager Full -Time 47,693 48,47 B -B -1 Greenskeeper Full -Time 38,770 39,5546 B -A -S Healthy Seniors Supervisor Full-Time 32,660 33,313 iB -B -3 Housing Specialist V Full-Time 40,291 41,096 [B-B-3 Housing Specialist VI Full-Time 42,781 43,637 113-13-3 Housing Specialist- Senior Full -Time 47,527 48,478 [B-B-3 Human Resources Specialist IV Full -Time 40,423 41,232 ;NB -B -2 Industrial Pretreatment Specialist I Full -Time 45,000 45,900 IB -B -3 Intake Officer /Investigator Full-Time 29,809 30,405 :NB -C -2 Internal Auditor Full-Time 51,500 52,530 ;NB -B -2 Inventory Control Technician II Full-Time 31,385 32,013 413-13-3 Investigator II Full-Time 34,163 34,846 4B -B -3 Investigator IV Full-Time 38,517 39,287 4B -B -3 Investigator V Full-Time 40,420 41,229 BNB -13-2 Laboratory Technician Full-Time 28,506 29,076 BNB -C -2 License Clerk Full -Time 32,618 33,270 Full-Time 36,014 36,734 FNB -B -2 413-A-5 Locator Maintenance Foreman II Full-Time 32,236 32,881 9B -A -4 Maintenance Manager Full-Time 50,184 48,151 51,188 49,114 ENB -A -S Maintenance Mechanic Supervisor Full-Time 53,695 54,769 NB-A-5 Maintenance Superintendent Full -Time Full-Time 51,258 52,283 NB -A -4 Manager of Equipment Service Full-Time 54,866 55,963 NB -A -4 Manager of Sewer Operations Full-Time 52,724 53,778 NB -A -4 Manager of Solid Waste Operations Full -Time 52,724 53,778 NB -A -4 NB -A -4 Manager of Streets Manager -Environmental Compliance Full-Time 54,773 55,868 NB -A -4 Manager -Parts Maintenance Full-Time 37,019 37,760 ,NB -B -1 Marketing and Education Curator Full-Time 36,337 37,064 .NB -B -1 Naturalist Full-Time 31,000 31,620 ;NB -B -2 Network Engineer Full-Time 50,560 51,571 ;NB -A -4 Office Manager Full-Time 31,165 31,788 ;NB -A -4 Operations Manager Full-Time ` 54,866 55,963 ,NB-A-5 Operations Supervisor Full-Time 50,184 51,188 4ENB -C -2 Ordinance Violations Bureau Clerk Full-Time 31,266 31,891 4ENB -B -3 Paralegal Full-Time 38,40$ 39,176 4ENB -F -1 Park Police 11 Full-Time 30,370 30,977 4ENB -A -5 Payroll Supervisor Full-Time 36,501 37,231 !',NB-A-4 Permits Manager Full-Time 41,344 42,171 :NB -B -3 Planner VI Full -Time 46,898 47,836 \IENB -B -2 Preventative Maintenance Coordinator Full-Time 35,241 35,946 FNB -A -4 Print Shop Manager Full-Time 40,205 41,009 NENB -B -2 Print Shop Technician Full-Time 33,006 33,666 ENB -A -S Program Supervisor Full -Time 38,006 38,766 ENB -B -2 Programmer Analyst I Full-Time 39,242 40,027 ENB -B -2 Programmer Analyst II Full-Time 40,924 41,742 ENB -B -3 Project Analyst VI Full-Time 39,655 40,448 . ENB -B -3 Project Analyst VIII Full -Time 42,848 43,705 ENB -13-3 Project Inspector I Full -Time 41,344 42,171 ENB -B -3 Project Inspector II Full-Time 44,040 44,921 Dept. Adm /Finance 8/19/2008 2009 2009 % Increase 1,432 2.00% 1,58611 2.00% 1,813 2.00% 1,240 2.00% 1,491 2.00% 1,399 2.00% 11577 2.00°/ 1,951 2.000! 1,738 2.000/ 2,071 2.000/ 1,871 2.00 0/ 1,521 2.000/ 1,281 2.000/ 1,581 2.000 1,678 2.00° 1,865 2.000 1,586 2.009 1,765 2.009 1,169 2.009 2,020 2.00` 1,231 2.00' 1,340 2.00` 1,511 2.00` 1,586 2.00' 1,118 2.00' 1,280 1,413 1,265 1,969 1,889 2,106 2,011 2,152 2,068 2,068 2,149 1,45422 1,6 1,216 1,983 1,223 2,152 1,969 1,227 1,507 1,191 1,432 1,622 1,840 1,383 1,577 1,295 1,491 1,539 1,605 1,556 1,681 1,622 1,728 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% 2.009/ 2.00°/ 2.00°/ 2.00°/ 2.00°/ 2.00°/ 2.00 ° / 2.00 ° / 2.0 2.0 2.0 2.0 2.0 Page 3 tyy of South Bend, Indiana 009 Salary Ordinance Setting maximum Salary Job Code * ** 3 -A -4 VB -F -1 VB -F -1 3 -A -4 NB -B -3 NB -B -3 B -A -4 NB -B -2 NB -B -2 NB -B -2 NB -B -2 NB -B -2 B -A -5 B -A -4 ,NB -B -3 ;B -B -3 B -3 B -3 3 -F -1 NB -A -5 ;NB-A-5 ;NB-A-5 NB -B -2 ;NB -B -2 ,NB -B -2 :NB -A -4 :NB -A -4 ,NB -B -2 1ENB -B -3 4ENB -B -3 JENB -B -2 JENB -B -3 QENB -B -3 NENB -B -3 ENB -A -S NENB -B -3 ENB -B -1 Part -Time NENB -D -4 ENB -D -1 ENB -D -1 NENB -D -z NENB -D2 NENB -D2 ENB -D -1 Job Title Project Manager Property/ Evidence Custodian Public Assistance Clerk II Public Construction Manager Public Relations Specialist Public Works Safety Coordinator Purchasing Manager Quality Assurance Distribution Technician Quality Assurance Treatment Technician Radio Techician III Radio Technician I Radio Technician II Residential Marketing Specialist (new in 2008) Rum Village Park Supervisor Safety & Risk Manager Sales /Event Associate SCDA Instrument Specialist Secretary II Secretary III Secretary IV Secretary of the Board Secretary V Senior CAD Specialist Senior GIS Specialist Senior Property/ Evidence Custodian Signal Supervisor Special Events Assistant Special Events Supervisor Stock Room 8v Safety Coordinator Superintendent II Superintendent III Superintendent V System Specialist II System Specialist III System Specialist IV Technical Stage Manager Traffic & Lighting Manager Utilities System Specialist Violence Prevention Coordinator I Violence Prevention Coordinator II Water Treatment Operator -PF Water Works Special Projects Coordinator I Water Works Special Projects Coordinator II Water Quality Specialist (reinstated position -had been deleted in 2007) Youth Sports Coordinator Youth Supervisor Zoning Specialist Zoo Veterinarian 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 2008 2009 II 2009 ;atary Salary* Bi -Week 45,453 46,362 28,230 Eliminated 1,922 26,031 26,552 56,650 57,783 38,000 '38,760 42,328 43,174 54,541 55,631 35,661 36,374 38,186 38,950 45,045 45,946 40,554 41,365 41,883 42,721 55,000 56,100 35,200 35,904 46,300 47,226 32,437 33,085 47,685 48,639 24,275 24,761 25,497 26,007 27,058 27,599 38,186 38,950 28,507 29,077 41,344 42,171 42,738 43,593 30,617 31,229 47,685 48,639 34,512 35,202 37,065 37,806 42,327 43,173 42,495 43,345 43,878 44,756 48,151 49,114 46,219 47,143 49,163 50,146 53,954 55,034 35,020 35,720 52,724 53,778 47,138 48,081 30,120 30,722 33,734 34,408 38,738 39,513 38,186 38,950 41,651 42,484 1.783 2009 % Increase 2.000 1,021 2,222 1,491 1,661 2,140 1,399 1,498 1,767 1,591 1,643 2,158 1,381 1,816 1,273 1,871 952 1,000 1,062 1,498 1,118 1,622 1,677 1,201 1,871 1,354 1,454 1,661 1,667 1,721 1,889 1,813 1,929 2,117 1,374 2,068 1,849 1,182 1,323 1,520 1,498 1,634 Full-Time 0 49,982 1,922 Full-Time 30,120 30,722 1,182 Full-Time 38,006 38,766 1,491 Full-Time 36,308 37,034 1,424 Full-Time 51,592 52,624 2,024 CED Project Coordinator Part-Time 34,352 35,039 Chief City Assistant Attorney Part-Time 39,691 40,485 City Attorney Part-Time 53,366 54,434 Claims Adjuster (with benefits) Part-Time 38,447 Eliminated Crossing Guard Part-Time 8,695 8,869 Crossing Guard Captain Part-Time 10,076 10,278 Deputy City Attorney III Part-Time 34,083 34,764 Deputy City Attorney IV Part -Time 43,726 44,600 Senior Citizen Leader (with benefits) Part -Time 20,803 21,219 1,348 1,557 2.094 341 395 1,337 1,715 816 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% 2.000/ 2.000/ 2.000/ 2.000/ 2. 2. 2. 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.000/ 2.000/ 2.000/ 2.000/ 2.000/ 2.000/ N/ 2.00' 2.00` 2.00' 2.00' 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Dept. Adm /Finance 8/19/2008 Page 4 ty of South Bend, Indiana 009 Salary Ordinance Setting Maximum Salary 2008 2009 II 2009 II 2009 Job _ e ;1 ,. calarv* Bi- Weekly ** %Increase Code * ** Job Title °1a "" ° "", " -' - N/A o 2.00% 2.00% Hourly Non - Bargaining - maximum hourly rate * * ** 25.38 25.89 10.44 Custodian (hourly position) -Morris Performing Arts Center 10.24 * ** *Positions not classed 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 CouNrr -CrTr BUILDING 227 W. JEFFERSON BOULEVARD SouTH BEND, INDIANA 46601 -1830 CHARLES S. LEONE CITYATTORNEY CITY OF SOUrH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW Mr. Timothy Rouse President, South Bend Common Council 4`I' Floor, County -City Building South Bend, IN 46601 PHONE 5741235 -9241 FAx 574/235 -9892 TDD 574/ 235 -5567 ALADEAN M. DEROSE August 20, 2008 CHIEF ASSISTANT CITYATToRNEY E-k_ �� 00- 3"-t -0Q 0 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 $710,000 subject to Court approval. Hearing on the Court's approval is set for September 8, 2008. This Ordinance will authorize the appropriation of funds necessary to pay the agreed settlement promptly on Court approval. The Sewer Works General Operating Fund No. 641 has sufficient funds to pay this sum. I will present this Ordinance to Council at its Committee meeting and public hearing. The Council's favorable consideration of this Ordinance is requested. Thank you. Filed in Ci6� �;'s ()f#iGO AUG 2 0 2008 ut,1`iilvl :F(�ra'I�O k CITY CL[m$ , so. EZII), IPl._ yAadean �" 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 1. 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 � )� VLDL�_"--A Member, South Bend Common Council . :n ¢ R 'did -w11n L�9c - �a�i �i� e�tl� Attest: City Clerk of Presented by me to the Mayor of the City of South Bend, Indiana on the day 2 , at o'clock . M. City Clerk Approved and signed by me on the day of o'clock . m. -t READING 0 —� .?3i_iC HEARING . d READING OT APPROVED _EERRED ?ASSED 2 , at Mayor, City of South Bend, Indiana Filed In Clerk's Office AUG 2 0 2008 JOHN VOOSDIE CITY CLERK, SO. SEND, IN. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4441 JADE CROSSING DRIVE, 45229 4532 ASHARD DRIVE, 4430 JADE CROSSING DRIVE (OR 4607 ASHARD DRIVE), 46019 45239 45139 44119 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. WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Residentially Distressed Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area 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, South Bend, Indiana, and which is more particularly described as follows: LEGAL DESCRIPTION: JADE CROSSING - SECTION I LOTS NUMBERED 1, 83, 84, 87, 88, 90, 92, 95, 98 AND 100 AS SHOWN ON THE RECORDED PLAT OF JADE CROSSING, SECTION I, RECORDED APRIL 2, 2004 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA AS INSTRUMENT NO. 0415098 and this property which has Tax Key Numbers 25- 1013 - 020748, 25 -1013- 020930 and 25 -1013- 020931, 25- 1013 - 020934, 25 -1013- 020935, 25- 1013 - 020937, 25 -1013- 020939, 25 -1013- 020942, 25- 1013- 020945 and 25- 1013 - 020947, be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq., and; WHEREAS, 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 the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for a residentially distressed 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 determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indian a Code 6 -1.1 -12.1 et se ., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. 2 B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to five (5) calendar years from the date of the adoption of the Declaratory Resolution by the Common Council. SECTION V. 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 complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et seq. SECTION VI. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED l `G— °G NOT APPROVED ADOPTED 3 ✓ z'VJ CJ Member of the Common Cou cil coil V1 Cts't,�ii 4` LAUG 4 2008 J'H�p vcOsVw CITY CLEZ ii , So. P3, RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1827 NORTH BENDIX DRIVE TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR MANN + HUMMEL USA; INCORPORATED 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 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, 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 the 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: a 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 Personal property tax deduction for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seMc . 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 l X-4 NOT APPROVED ADOPTED. Member of fhe Common Couficil yy y ) f t3 �[�Iw711Ld[i �ntt�dv.` vif fc.'J .�rsNP Hed In Clare's Office AUG 1 2 2008 JG'r`ss! WORDS CITY CLEr K, 5G'. SEW, IM. RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, 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, 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 following area: "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 09 °12'15" West, 142.01 feet; 3) North 00 °09'24" West, 106.80 feet; 4) North 21 ° 13' 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, 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 the 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 real property tax abatement and is limited to ten (10) 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 ten (10) 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 seq. 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. NOT APPROVED ADOPTER Member of the Common Courier Find In Cleric's CiElee AR '.3 MOB JOHN VOORDE CITY wfik so, BED, {N. _ Voro . SOUTH g d Community & Economic Development, 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 ♦ Phone 574/235 -9371 ♦ Fax 574/235 -9021 To: South Bend Common Council �� ` u _� 3 From: Bob Mathia �dl,/ Subject: Real Property Tax Abatement Petition for University of Notre Dame, Innovation Park At Notre Dame, Inc. Date: September 4, 2008 After discussions with the Petitioner it was concluded that additional Public Benefit Points should be awarded for the construction of infrastructure that the Petitioner has financed (See Section 6 of the Petitioner's Public Benefits Points Summary). This includes infrastructure work on Edison which the City would have had to make for Innovation Park had the Petitioner not funded it. The Petitioner is also allowing the City to use an area they own for a retention pond for storm water retention. This is saving the City funds which it would have to spend to deal with draining storm water elsewhere, including possibly larger pipes to provide adequate drainage. With the award of these points the Petitioner qualifies for a ten year real property tax abatement. Also, it should be noted that while no Public Benefit Points have been awarded for construction related actions because insufficient information is available at this time (See Section 3 of the Petitioner's Public Benefits Points Summary), the Petitioner has historically limited its construction procurement to union contractors and it intends to do so for this project. Had this information been available, the Petitioner most likely would score additional Public Benefit Points in the construction category. Copies of the Petitioner's completed Public Benefits Points Summary and tax revenue estimate are attached for your information. BPS.FINAL Flied In Cl"'W5 () "Ice SEP 4 2006 JOHN C So BFN AD,IN. CM CLEFi�, What We Do Today Makes A Difference! * Qualification for each Public Benefit Item based on best available information at time of application or good faith determination if no information available. 4- Sep -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 2. Super Size Projects (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 N 0 20 B. Purchase Materials from Local Companies N 0 20 C. Require Employees vs. Independent Contract( 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 Y 14 14 B. Pay for 26 -50% of Extension Cost Y 26 26 C. Pay for 51 -75% of Extension Cost Y 39 39 D. Pay for 76 -100% of Extension Cost Y 52 52 Sub -total Infrastructure Related: 131 131 7. Support a Municipal Facility: A. Support a Municipal Facility Y 84 84 Total Public Benefit Points: 690 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: 690 Base Years of Abatement Additional Years of Abatement: 7 Total Years of Abatement: 10 'This schedule is for estimation purposes only and assumes constant tax rates. The true lax values will ultimately be determined by the actual assessed valuation and the then current tax rates. New Combined 4- Sep -08 Existing Project Existing 8 New Tax Tax Year 10 YEAR Taxes ax Abated Paid 1 7,450 1,809,327 1,816,777 1,807,774 9,003 2 7,450 1,eo9,327 1,816.777 1,698,453 118,324 3 Innovation Park 1,809,327 1,816,777 1,370,490 446,287 4 7,450 1,809,327 1,816,777 1,042,527 774,250 5 7,450 South Bend Clay Township 1,816,777 714,564 1,102,213 6 7,450 1,809.327 1,816,777 495,922 1,320,856 7 7,450 1,809,327 Real Property Tax Abatement Schedule' 277,280 1,539,498 8 7,450 1,809,327 1,816,777 58,637 Tax Key Number 9 7,450 17.1017 -0406 1,816,777 27,933 1,788,844 10 7,450 1,809,327 1,616,777 27,933 1,788,844 Current Assessed Value: 74,502 18,093,270 210,000 7,521,512 10,646,259 Estimated Project Cost: 60 000,000 Current Without 100% 95% 80% 65% 50% Years 40% Year6 30% Year? 20% Year 10% Year 5% Year 10 Assessed Value: AV 8 Tax Abatement Year Year Year 210,000 Year 210,000 210,000 210,000 210,000 210,000 210,000 210,000 Current Assessed Value 100% 210,000 210,000 210,000 51,000,000 210,000 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 Base Assessed Value 85% 51,000,000 51 000,000 48,450,000 (40,800,0001 J25,500,000) 20,400,000 15,300,000 10,200,000 5,100,000 2,550,000 Less Abatement Deduction 0 51,210,000 210,000 2,760,000 10,410,000 18,060,000 25,710,000 30,810,000 35,910,000 41,010,000 46,110,000 48,660,000 Net Assessed Value 210,000 Property Taxes: 4.2871% 4.2871% 4.2871% 4.2871% 4.2871% 4.2871% 4.2871% 4.2671 % 4.2871 % 42871 Assume constant tax rate of 4.2871% 4.2871% Gross Tax (tax rate x net assessed value) 9,003 2,195,424 9,003 118,324 446,287 774,250 1,102,213 1,320,856 0 1,539,498 0 1,758,140 0 1,976,782 (187 937) 2,086,103 (263.292) Less Circuit Breaker Credit (1,553) (378,647) 0 0 0 118,324 446,287 0 774,250 0 1,102,213 1,320,856 1,539498 1,758,140 1788844 1602811 Net Tax 7,450 1,616,777 9,003 Circuit Breaker Cap 6,300 1,536,300 1,538,300 1,536,300 1,536,300 1,536,300 1,536,300 1,536,300 1,536,300 1,536,300 1,536,300 1,536,300 266,511 Circuit Breaker 3.0000% 1,150 15,117 57016 98,915 140,014 168,746 196,679 224,612 252,544 Debt Service 0.5477% 1,150 280477 1,537,450 1,551,417 1,593,316 1,635,215 1,677,114 1,705,046 1,732,979 1,760,912 1,768,644 1,802,811 Circuit Braker Cap 7,450 1,816,777 'This schedule is for estimation purposes only and assumes constant tax rates. The true lax values will ultimately be determined by the actual assessed valuation and the then current tax rates. New Combined Net Existing Project Existing 8 New Tax Tax Year Taxes Taxes ax Abated Paid 1 7,450 1,809,327 1,816,777 1,807,774 9,003 2 7,450 1,eo9,327 1,816.777 1,698,453 118,324 3 7,450 1,809,327 1,816,777 1,370,490 446,287 4 7,450 1,809,327 1,816,777 1,042,527 774,250 5 7,450 1,809,327 1,816,777 714,564 1,102,213 6 7,450 1,809.327 1,816,777 495,922 1,320,856 7 7,450 1,809,327 1,816,777 277,280 1,539,498 8 7,450 1,809,327 1,816,777 58,637 1,758,140 9 7,450 1,809,327 1,816,777 27,933 1,788,844 10 7,450 1,809,327 1,616,777 27,933 1,788,844 Totals 74,502 18,093,270 16 167,772 _ _ 7,521,512 10,646,259 'This schedule is for estimation purposes only and assumes constant tax rates. The true lax values will ultimately be determined by the actual assessed valuation and the then current tax rates. I fl I M 00 RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION 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, 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 following area: "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. 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 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 has Key Numbers 17 -1017 -0406 and 18 -5102 -3579, 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 the 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 and is limited to ten (10) 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 and future tenants located within the economic revitalization area are qualified for and granted personal property tax deductions for a period of five (5) years, and further determines that the petition complies with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et M.; provided however, that 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 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 4�-F -6r NOT APPROVED ADOPTED Member of the Common Counci N E 200h1 rsoES ND, IN. CITY CL1 nK, 1200 COUNTY -Cm BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 PHONE 574/ 235 -9371 FAX 574/235 -9021 TDD 5741235-5567 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR COMMUNITY & ECONOMIC DEVELOPMENT JEFFREY V. GIBNEY August 19, 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: Residential Real Property Tax Abatement Petition for: LLE REAL ESTATE, LLP (Southfield Lake) Dear Council Member Dieter: Please find attached the Department of Community & Economic Development's report on a residential real property tax abatement petition submitted by LLE Real Estate, LLP. This developer intends to develop 141 single family residential units on a 54.7 acre parcel. 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 proposes to develop the 141 residential units at an estimated cost of $27,800,000. The project meets the qualifications for a five -year (5) real property tax abatement. The petitioner will be available to meet with the Committee on Monday, September 8, 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, Bob Mathia Assistant Director, Economic Development Attachments cc: South Bend Common Council Members Mayor Stephen Luecke Jeff Gibney Don Inks 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 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 ABA TEMENT REP OR T TO: SOUTH BEND COMMON COUNCIL FROM: BOB MATHIA SUBJECT: RESIDENTIAL REAL PROPERTY TAX ABATEMENT PETITION FOR: LLE REAL ESTATE, LLP (Southfield Lake) DATE: August 19, 2008 On August 15, 2008, a petition for residential tax abatement consideration for vacant real property located in a sub - division known as Southfield Lake was filed with the City Clerk by LLE Real Estate, LLP. Pursuant to Chapter 2, Article 6, Section 2 -77.1 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community and Economic Development for purposes of investigation and preparation of a report determining whether the area qualifies as a Residentially Distressed Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community and Economic Development has reviewed the petition (a copy of which is attached), investigated the area, and makes the following report. PROJECT DESCRIPTION The Southfield Lake sub - division is located approximately 1/4 mile south of the intersection of Miami and Kern Roads on the east side of Miami. The project involves the construction of 141 single family residential units. Each home will be approximately 1500 to 2400 square feet in size and contain multiple bedrooms, baths, a den, kitchen, living space and attached garage. Construction will be wood frame with vinyl siding and exterior brick/stone accents or all brick or stone exterior construction. The price for each home will range between $160,000 and $240,000. Total taxes to be abated during the (5) five -year abatement period on one home valued at $160,000 are estimated at $7,237. Total taxes to be paid during the (5) five -year abatement period on one home are estimated at $1,948. For 141 homes, the taxes abated would be $1,020,417 for five years and the taxes mid would be $274,717 for five years. 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: LLE Real Estate, LLP (Southfield Lake) August 19, 2008 Page 2 Total taxes to be abated during the (5) five -year abatement period on one home valued at $240,000 are estimated at $7,460. Total taxes to be paid during the (5) five -year abatement period on one home are estimated at $6,433. For 141 homes, the taxes abated would be $1,051,860 for five years and the taxes paid would be $907,116 for five years. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that this particular Petitioner has not been associated with or granted any previous tax abatements. However, another partnership, SFI/LDI, which has operated in other sections of the total Southfield development area, has received the following tax abatements: Term/Type Resolution No. Date 5 -year real property 2749 -99 6/14/1999 5 -year real property 2595 -98 4/13/1998 5 -year real property 3709 -07 2/26/2007 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 not located in any of the development areas; therefore, approval of the tax abatement petition by the South Bend Redevelopment Commission is not required. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petition meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. 5 YEAR 19- Aug -08 SB South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost Assessed Value: STRUCTURE (% AV of cost) 85 0 °yo. i LAND Value Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of X1604000:00„ Total Taxes Tax Abated ** Tax Paid * ** 136,000.00 136, 000.00 136, 000.00 10,000.00 N/A N/A 146,000.00 136,000.00 136,000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (34,300.00) - (34,300.00) (34,300.00) 63,700.00 53,700.00 53,700.00 N/A N/A (53,700.00) N/A 0.00 N/A N/A N/A 10,000.00 63,700.00 53,700.00 10,000.00 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 2,776.81 2,340.89 435.92 Less State & County Homestead Credit: 0.4625% (294.61) (248.36) (46.25) Tax Due Before Circuit Breaker 2,482.20 2,092.53 389.67 Less Circuit Breaker Credit (645.16) (645.16) 0.00 Net Tax 1,837.04 1,447.37 389.67 Circuit Breaker Cap Circuit Breaker 1.0000% 1,460.00 1,360.00 1,460.00 Debt Service 0.5919% 377.04 317.85 59.19 Circuit Braker Cap 1,837.04 1,677.85 1,519.19 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid i 63,700.00 1,837.04 1,447.37 389.67 2 63,700.00 1,837.04 1,447.37 389.67 3 63,700.00 1,837.04 1,447.37 389.67 4 63,700.00 1,837.04 1,447.37 389.67 5 63,700.00 1,837.04 1,447.37 389.67 5 year totals: 9,185.20 7,236.85 1,948.35 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. 5 YEAR 19- Aug -08 513 South Bend Portage Township Residential Real Property Tax Abatement Schedule* Estimated Project Cost: Assessed Value: STRUCTURE (°!, AV of cost) 85 0 °1°' LAND Value, 101000 Gross Assessed Value Less Mortgage Exemption Less Homestead Deduction Less Supplemental Homestead Deduction Base Assessed Value Less Maximum Abatement Deduction Less Non - Abated Amount Plus Land Assessed Value Net Assessed Value Property Taxes: Assume constant tax rate of F$2 0;000:00.:; Total Taxes Tax Abated ** Tax Paid * ** 204,000.00 204,000.00 204,000.00 10,000.00 N/A N/A 214,000.00 204,000.00 204,000.00 (3,000.00) (3,000.00) (3,000.00) (45,000.00) (45,000.00) (45,000.00) (58,100.00) (58,100.00) (58,100.00) 107,900.00 97,900.00 97,900.00 N/A N/A (74,880.00) N/A (23,020.00) N/A N/A N/A 10,000.00 107,900.00 74,880.00 33,020.00 4.3592% 4.3592% 4.3592% Gross Tax (tax rate x net assessed value) 4,703.58 3,264.17 1,439.41 Less State & County Homestead Credit: 0.4625% (499.04) (346.32) (152.72) Tax Due Before Circuit Breaker 4,204.54 2,917.85 1,286.69 Less Circuit Breaker Credit (1,425.88) (1,425.88) 0.00 Net Tax 2,778.66 1,491.97 1,286.69 Circuit Breaker Cap Circuit Breaker 1.0000% 2,140.00 2,040.00 2,140.00 Debt Service 0.5919% 638.66 443.21 195.45 Circuit Braker Cap 2,778.66 2,483.21 2,335.45 Net Total Assessed Taxes Tax Tax Year Value Due Abated Paid 1 107,900.00 2,778.66 1,491.97 1,286.69 2 107,900.00 2,778.66 1,491.97 1,286.69 3 107,900.00 2,778.66 1,491.97 1,286.69 4 107,900.00 2,778.66 1,491.97 1,286.69 5 107,900.00 2,778.66 1,491.97 1,286.69 5 year totals: 13,893.30 7,459.85 6,433.45 *This schedule is for estimation purposes only and assumes constant tax rates. The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. * *Tax Abated is capped at $74,880 of assessed value of structures only and does not include land assessed value. ** *Tax Paid is calculated using the difference between actual assessed value of structure and maximum abated portion of $74,880 and adding back the land assessed value. ESTIMATED TOTAL TAX REVENUE LLE Real Estate, LLP 141 Lots @ $160,000 /House *Current tax levy for the 54.7 acres. * *Includes141 houses. Column total is net increase in tax revenue as a result of the project over its 5 -year tax abatement term. LAND* BUILDINGS ** TOTAL Year 1 $4,580 $50,363 $54,943 Year 2 4,580 50,363 54,943 Year 3 4,580 50,363 54,943 Year 4 4,580 50,363 54,943 Year 5 4,580 50,363 54,943 Total $22,900 $251,815 $274,715 *Current tax levy for the 54.7 acres. * *Includes141 houses. Column total is net increase in tax revenue as a result of the project over its 5 -year tax abatement term. ESTIMATED TOTAL TAX REVENUE LLE Real Estate, LLP 141 Lots @ $240,000 /House *Current tax levy for the 54.7 acres. * *Includes141 houses. Column total is net increase in tax revenue as a result of the project over the 5 -year tax abatement term. LAND* BUILDINGS *" TOTAL Year 1 $4,580 $176,843 $181,423 Year 2 4,580 176,843 181,423 Year 3 4,580 176,843 181,423 Year 4,580 176,843 . 181,423 Year 5 4,580 176,843 181,423 Total $22,900 $884,215 $907,115 *Current tax levy for the 54.7 acres. * *Includes141 houses. Column total is net increase in tax revenue as a result of the project over the 5 -year tax abatement term. STATEMENT OF BENEFITS REAL ESTATE IMPROVEMENTS z' state Form 51767 1P.,2 1 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) 20_ PAY 20_ FORM SB -1 I Real Property 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 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 322 ERAIRE or Form 322 ERAIVBD, 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 attach a Form CF- 1/Real Property annually to the application tc show compliance with the Statement of Benefits. (IC 6 -1.1- 12.1- 5.1(b) and IC 6 -1.1- 12.1- 5.3Q)J 5. The schedules established under iC 6 -1.1- 12.1 -4(d) for rehabilitated property and under /C 6- 1.1- 12.1 - 4.8(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 r 9nnn yEr.' ,.— Page 1 of 2 Name of taxpayer LLE Real Estate LLP Address of taxpayer (number and street, city state, and ZIP code) 1555 Western Ave., South Bend, IN 46619 Name of contact person LeRoy S. Troyer, Partner Telephone number 574- 259 -9976 E -mail address LST @troyergroup.com Name of designating body Resolution number Common Council of the City of South Bend Location of property County DLGF taxing district number Southfield Lake (see attached address map) St. Joseph South Bend - Centre Description of real property improvertoFf. redevelopment, or rehabilitation (use additional sheets it necessary) Estimated start date (month. day, year) Proposed construction of 1-9 new single family residential units contained within the 54.6 "a8 acre SepLe111MI 15, 2000 subdivision known as Southfield Lake. Each home will be approximately 1,500 -2,000 square feet. Estimated completion date (month, day, year) The Petitioner intends that the rice of each home will be between $160,000 and $240,000. August 15, 2013 number Salaries Number retained Salaries Number additional Salaries N/A ;Current 0 N/A N/A N/A N/A . .•. NOTE: Pursuant to IC 6- 1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. ASSESSED VALUE Current values _COST Q $132,400 (land) Plus estimated values of proposed project 22,240,000 to $33,360, Det. under Reg. 17 Less values of any property being replaced IqTA- Net estimated values upon completion of project $22,240,000 to $33.360,000 Det. under Re . 17 Estimated solid waste converted (pounds) Estimated hazardous waste converted (pounds) Other benefits Far. I i CITY CLFIK 7. SECTIONS-- ,.,TAXPAYER CEMICATION I hereby certify Pat the representations in this statement are true. Signature of authoriz repr iative �� ra•�. Title Date signed (month, day, year) LeRoy S. Troyer, Partner yEr.' ,.— 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 belov✓). The date this designation expires is B. The type of deduction that is allowed in the designated area is limited to: 1. Redevelopment or rehabilitation of real estate improvements O Yes O No 2. Residentially distressed areas O Yes O No 3. Occupancy of a vacant building O Yes O 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 memberof 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 CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Collullon Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6- 1.1- .12.1 -1, et se and South Bend Municipal Code Sec. 2 -76 et seq., for this petition states the following: Describe the proposed construction project, including information about square footage, numbers of rooms, amenities, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project scri tions :n�'y.,t�'vr[f'({ The project involves the proposed construction of one hundred ) new single family residential units contained within the 54.688 acre subdi vision known as "Southfield La e." Each home will be approximately 1,500 - 2,400 square feet and include multiple bedrooms, baths, a den, kitchen, living space and attached garage. The petitioner intends that all construction will be wood frame with vinyl siding and exterior brick/stone accents or all brick or stone exterior construction. The petitioner intends that the price of each home will be between $160,000 and $240,000. Estimate the dollar value of the construction project (don .t,/i�nclude land cost): $ 27,800,000 Petitioner estimates that the total project (for construction of.I homes) will be approximately $27,800,000. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporations (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchanve Commission): Name Address Interest =Real Estate, LLP 1555 Western Ave. Owner _ mouth Ben , IN 46619 The conunonly known address of the Property is: See Exhibit E for addresses and having tax key no.: 23- 1010 -1087, _ (use additional sheet for multiple addresses or key numbers). 01- 1010 - 018601 and 01 -1010- 018602 A legal description of said Property(s) is atrached hereto, marked Exhibit A, and is incorporated herein. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. The current assessed valuation of the property before construction is $ 132,400 (use additional sheet for multiple addresses). (This information may be obtained from the St. Joseph County Assessor's Office, 235- 9523). See Attached Exhibit D. 8. Photographs of the Property, taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): 2006 $1,546.00 2007 $4,579.67 Please see Exhibit D. (This information may be obtained from the St. Joseph County Treasurers office, 235 -9531) 10. What is your best estimate of the after completion market value of the property: $ 27,800,000 Petitioner estimates that the total project (for construction of ,homes) will be approximately $27,800,000. 1W 11. No building pernnit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing C011SOFtillm or other public financial assistance, including but not limited to public works improvements: None 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: The Petitioner learned from potential purchasers that current tax rates and liabilities are deterrents to the development of property for residential or other use. A tax incentive related to new residential construction in this area within the City will assist the Petitioner with marketing the homes and facilitating future construction and sales. 14. The current use of the property is vacant land zoning is SF1 (use). and PUD (This information may be obtained from the Building Department 235 -9553) and the current 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): 16. The following person should be contacted as the petitioners . agent regarding additional information and public hearing notifications: Name John Leszczynski, The Troyer Group Address 550 Union Street City, State, Zip Mishawaka, IN 46544 Telephone 574- 259 -9976 WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Filed gI1 °;4's�� AU E K so, SID, IN. CVTY Ci.ER Name of Property Owner(s): LLE Real Estate, LLP By: . ;52 1" (Signaturte') r LeRoy S. Troyer, Partner (Typed or printed name and capacity) REQUIREMENTS FOR ALL PETITIONS SEEKING SINGLE- FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single- family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: FitinE Requirement with the Office of the City Clerk: File with the Office of the City Clerk, 4`h Floor County -City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single- family residential construction where multiple parcels are involved and which is specifically addressed in § 2 -77.1 of the South Bend Municipal Code, the petitioner's written information_ statement to be given to all individuals inquiring about any parcels in the petitioned area. 2. Required Contents of information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact persons(s) which must include the following: • Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana • Have a map of the development addressed by the abatement listing the key number for the parcel in question as well as its street address • Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council • Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated • Verification of the petitioner(developer's) duties with regard to the Statement of Benefits state form (SB 1) • Verification of the proposed property owner(s)' duties with regard to the FORM 322 ERA which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement • An attachment of the Confirmatory Resolution which approved the abatement in question • Inclusion of contact information, including but not limited to: Department of Community & Economic Development Division of Economic Development 1200 County -City Building South Bend, Indiana 46601 (574) 235 -5825 (574) 235 -9021 Facsimile St. Joseph County Auditor's Office 2 "d Floor County -City Building South Bend, Indiana 46601 (574) 235 -9668' (574) 235 -5024 Facsimile Office of the City Clerk 4`h Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 (574) 235 -9173 Facsimile Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with the Office of the City Clerk as soon as practicable by the petitioner /developer, and in no event must be filed upon their use with prospective property owners in the affected tax abatement area. I, LeRoy S. Troyer, a partner of LLE Real Estate, LLP , the petitioner of record seeking single - family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as certain building lots in Southfield Lake subdivision hereby acknowledges the requirements set forth herein and agree to abide by such conditions. (Signature) Typed Name of Record Address and Telephone Number of Record LeRoy S. Troyer, Partner LLE Real Estate, LLP Witness Signature 1555 Western Ave. Typed Name and Official Capacity Address and Telephone Number Shelly D'Haenens, Executive Assistant The Troyer Group 550 Union Street, Mishawaka, IN 46544 574- 259 -9976 (Form Dated 07- 19 -05) South Bend, IN 46619 574- 259 -9976 Signed this i,4�7d "ay of August , 2008 F., .id i t 10,10 S f' � 8 AUG 1 5 2008 Y11-0 -RDE CITY CLEM,, SO. BENZ, IN. 1 C. ask 'DESCRIPTION: AU 1 5 2008 JOHN VOORDE CITV So. BrIvo, m. A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST, CITY OF SOUTH BEND, CENTRE TOWNSHIP, ST. sJOS'PH COUNTY, INDIANA, MORE PARTICUL.ARY DESCRIBED AS FOLLOWS: COMMENCING AT A NAIL WITH DISC MARKING THE SOUTHWEST CORNER. OF THE NORTHWEST 1/4 OF SAID SECTION 6; THENCE NORTH 00008'59' WEST, ALONG THE WEST UNE OF SECTION 6 A DISTANCE OF 701.00 FEET TO A NAIL WITH DISC, THE -POINT OF BEGINNING" OF SAID PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 00'0859° WEST, ALONG THE WEST LINE OF SECTION 6 A DISTANCE OF 337.13 FEET (CITED IN PRIOR DEED AS 336.83 FEET) TO A NAIL WITH DISC MARKING THE SOUTHWEST CORNER OF SOUTHFIELD SUBDIVISION SECTION THREE WHICH IS RECORDED AS INTRUMENT NO. 9853561 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE SOUTH 89'49'32' EAST, ALONG THE SOUTH LINE OF SAID SOUTHFIELD SUBDIVISION SECTION THREE, THE SOUTH UNE OF SOUTHFIELD SUBDIVISION SECTION FOUR WHICH IS RECORDED AS INSTRUMENT NO. 9925490 IN THE OFFICE OF 1HE RECORDER OF ST. JOSEPH COUNTY, INDIANA AND THE SOUTH LINE OF THE PARCEL OF LAND DESCRIBED IN RECORDED INSTRUMENT NO. 966'1170 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, A DISTANCE OF 2618.98 FEET (CITED IN PRIOR DEED AS 2628.00 FEET) TO A 5/8" IRON BAR WITH CAP ON THE NORTH —SOUTH CENTERLINE OF SECTION 6; .THENCE SOUTH 00'35'04' WEST, ALONG THE NORTH = SOUTH CENTERLINE OF SECTION 6 A DISTANCE OF 1025.28 FEET (CITED IN PRIOR DEED-AS 1035.20 FEET) TO A 5/8" IRON BAR WITH CAP MARKING THE CENTER OF SECTION 6; THENCE SOUTH 89'53'30" WEST, ALONG THE EAST —WEST CENTERLINE OF SECTION 6 A DISTANCE OF 2171.43 FEET (CITED AN PRIOR DEED AS 217230 FEET) TO A 5/8" IRON BAR WITH CAP ON THE EAST UNE OF LOT 1 OF BAILEYS MIAMI. ROAD MINOR SUBDIVISION WHICH 1S RECORDED AS INSTRUMENT NO. 8406190 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 00`38'57" EAST, ALONG SAID EAST UNE: A DISTANCE OF 197.38 FEET TO A 5/8" IRON BAR WITH CAP -MARKING THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 89'58'31" EAST, ALONG THE SOUTH UNE OF THE PARCEL OF LAND DESCRIBED IN RECORDED INSTRUMENT NO. 8826863. IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA A DISTANCE OF 14.56 FEET TO A 5/8" IRON BAR %ITN CAP; THENCE NORTH 00`20'24" WEST A DISTANCE OF 503.01 FEET TO A 5/8" IRON BAR WITH CAP. ON THE NORTH UNE OF SAID PARCEL DESCRIBED IN RECORDED INSTRUMENT NO. 8826863; THENCE SOUTH 895831" WEST, ALONG SAID NORTH UNE A DISTANCE OF 450.01 FEET TO THE "POINT OF BEGINNING CONTAINING 54.688 ACRES, MORE OR LESS. 03 E, *.7A, qw, 1�IL 5 SOUTHFIELD LAKE CITY OF SOUTH BEND CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA NW 1/4, SECTION 6, TOWNSHIP 36 NORTH, RANGE 3 EAST 11A emwAna FAUH —TeH ElITATEC Ax. lw_ of .0 TROYER HEIGHTS AM I =TID. wr_�!wGROUP IT'lf 'DID KC onclAl. —,C.r T.O. I R F .11.IT0. HD. 01-1 ------ --- 11EIGHTS A I.H I LEUND ..TLOT _2 P.M.- Vr D V c OF —IT Ll* Z, nT `14 -T. HII. 112.1. IT, as -P A T� T L "I" V o L.1 I Asr — nssr 9 sEmON ff c SOUTHFIELD LAKE PRIMARY PLAT wo 414, D I. T, REC. 016 T. 11.0 , llt .'A.D'D PUM'l ED-' !::A SCALE IN FEET: C... SCALE: 1- w 10, PRIMARY PLAT wo 11*04 W �. {�`^ ..m ..� . .h,. .1 s r :: ,z'.1 �' . `1,.^tv ��.. r� 1 w � I� A z •.L ._ai . �I,Li e . .. r• a�n .f,� ^.- �.i�....� w �.ivis..a..e �u - ..rr�.rrs �_:t�:... _: r: a ,.i ,� 1 . �' mow,._' .. .�tia'�F'+ � ��;�L.. _. � -_ .f''� .. .. .•i. x � ..:'tii ,.. , wt.; 4�� ,r: '�` ""`„SAY ,3 u ti -�. �tMT ;.i ��M ^s �nj. �� ,d,.Tr - �. .C� - �� .,..�. ,R ,.. r C s ~ ..f� Y_ ,.. �rt. r�..i � FtaN.a. r1i 1 ✓ zll� ��4ti � Y 1Ya ��} 4s� L._:. ..�.., lt. �c .._ +.s ?:t � 5. _ ...� Y...E� _.2 va+.•sa �Y+'i'gtc.A:y �x �': .... �&_3::YI:�:�L4'ti 'fN , 4f f-r TI Hill f I Al 0 CWT a., IL s am rL YOM nIkvr]L -,SrIL., La Z-3 ill lfflHxrj rt sad r fit; uIllf 10 S 91*U3100�1 'Llall-IN d 14 tv -I T.; A LL 2,0-6Z,'-L IfIrIP-09 S)1-t,,IlXOOrl RXVVrl (IFT'HI 1-1 flOS G,,rl,:HAHrTICI 40 CINKI HMOS 1-3 IIRIHXH . . . . . . . . . . RN7 -4 4 � iii � � ST ?OS6PH COLrlTY _ rn APPRnvEU FOR ^T JOSCFIfGOUNT 1350 Southfleld Circle nygaw 11 -0 A Ia�a�. DOAPD OFACCOUNTS - ` ' -- - PAkCCLNUMa Eft DUPLICATE NVMCCR -- - -- I- PROPERTY TYPO DrLLCD MORTGAGE COMP"Y - - -- 001 - 1010.0187 - --- - 52.8_ - _ -2005 P® able 2006 - - -Real - DTATE PARCEL IO �� APPROVED FOR Ti".xINC' UNIY NAME - _j__ YDTAL TAX FATE Printed; 05/17/2006 7:10 AM FONEg7EAD CREDIT Y. 1 REPLACEMENT CREDIT FATE y PARCEL NUMBER Centre Town3hi PRCP�RTY T7PE DIU,EO MORTGAGE! COMPANY 2.9522000 001 -1010 -0187 1 23.098200 _ -+ GR033 VALUE, l { RE,�JOENTIAL VALUE TOTAL EXEMPTIONG I NCT TAXABLE VALUE I I GA= TAX I CR�!QIT,°. NET TAX PALL INSTALLMENT 36,504- L ! _i_ _•.,.._ I 36.500 l 1.077.56 - 248.90 PTRC ..414.33 + Irr Tr Sw Pt Nw 1 /a Penalty & Fees: 0.00 III Set 6 36 3a 42,294 Ac 111111111111111 Other Assessments; 34.36 Southfield Inc 1350 Southfleld Circle South Bend IN 46614 Adjustments: 0,00 Less Fall Payments: 0.00 0000000528 000000049869 - Amount Due By 11/'10/2006: 498.69 d ST. JOSEPH COUNTY � � � SUM MARY 009=v �� APPROVED FOR JOCCOUNTO COUNT C BY T T'E 90ARD O. E Printed; 05/17/2006 7:10 AM PARCEL NUMBER DUPLICATE NOMOCR PRCP�RTY T7PE DIU,EO MORTGAGE! COMPANY 001 -1010 -0187 1 528 1 2005 Payable 2006 1 Real _ 5TATE PARCEL ID TAXWO UNIT NAME TOTAL TAX RA7C 111IME3TEAD CREDIT x i REPUCtMf.NT CREDIT RATE Centre Townshlp 2.9522000 23.098200 ^ OROa3 VALUE RE3IDEN'nAL VALUE { i CTAL EXEMPTIXJE 1 Nr r TAXABLE VALUE GRO33 TAX I CRCOIr: TOTAL NET TAX _36,5Q0- L 36,500 I 1,077.56 i 2418.90 PTRC 828.66 Delinquent Tax: 0.00 Delinquent POnalty: 0.00 Irr Tr Sw Pt Nw 114 Penalty & Fees; 0.00 Sec 8 79 3e 42 ')94 AC Adjustments: 0.00 Less Payments Received: 0.00 SEE THE SACK OF TAX STATEMENT FOR Other Aesessmw7Cs Current Tax Deilnq Tax Dslinq Pen Total ADDITIONAL INFORMATION Phillips (40): 168.72 0.00 0.00 168.72 VISIT OUR WEB PAGE AT www, 31osephcoun tyindiana.comnreasurer FOR INFORMATION REGARDING: - SATELLITE LOCATION PAYMENT DATES AND TIMES .- PROPERTY TAX PAYMENT LOCATIONS -HOWTO READ PROPERTY TAX BILL -ST. JOSEPH COUNTY TAX RATES - TREASURER'S TAX SALE Southfield. Inc 1350 Southfield Circle South Bend IN 46614 Current Account Balance: 997.38 Exemptions Amount Distribution of Current Year Taxes None 0 State: 0.67 County: 140.40 Township: 34.75 -- ----- -s---- - -' School: 450.03 r'�'r �, r rL °r Library: 56.90 .City Or Town: 0.00 Redev. Dist.: 0.00 � Airport: 8.45 Trans o: 0.00 Welfare: 137.46 Property Addrass: 61362 Miaml Rd South Bend IN d6614 "` t�.�:l^'s y" � "�.)Orlrr.crly, ";4�•IC;%'C4;2j+i' l�}@Xn � ^wt- .,...� 11�1cL'.vG��'�.,;ni`;ea �: 'k?�x'JF „ •,�;�.�i' ;� L t 1.i�!'�,! I�•' P+, I WI�,1,`,71�4. is J��r.. � �C " ". "rdPl '-�iI ^•� t �{��,�.F� rl��'- 1i,,�,�. n`'�'''�� XitQ,��'�, �' J!'; � �iQ,f'l,� � ��9 ;i • l' • � ��';�, ") yi�l' �f HIV cU�� "rp I I 't � "h'I;s,,' � '��'' • �W'" f�i i` 'IM1 � � f �� $ 4 I t��'�:"•`f'gS�S�•.:, 11.i1��''t�� of .». �- �1f�'• ��u�AS�°u'>`4'7:��".ULII!ttI»� �: ��nliUi19 ^:�I'�.•��t'id.�tL1,� 4 �' tir.> frn�:1- �"•t'C�u..!��.a�d1i'.Y:. ___S 1_ JOSEPH Ccur,1 T `! -- u° ` (:,�. aa� l ; ) 'APPROVc �`� � �;';� � �y ° D FOn ST. JOSEPH COUNT -_ ,.. �I� y I •• .. • . u -_ -- , (1 A 1 - 130ARD OF ACCOUNT-, 200( - City Or Town: 0.00 Redev. Dist: 0,00 _ oA. °.CEI NUut'JCR _. -_. DUPIIG:TE ;vUN, °vCn Transpo: 0.00 rRCF'tRri TYFE 21LLEO MORTC.:CP. "'WPANi ' 340.81 526 -- 20QS Paya_ble_2006_- - -Real __ _r TMOuC &TATL' PARCCL 10 �••" TAXING LdNIT NAMC TOTAL TAX RAi +ICAO C.RECIT •R RCPLACEMENT CRCCIT RATE Centre Township 2.9522000 23.098200 CROEB VALUC RLr LIDaNTIAL VALUE, i TOTAL EXdWT10N3 I NET TAYAIle VALUC 011033 TAX I CP.COITC NIT TAX FALL IN& rALLMCYT 62,900 -i ( ) I I 1 027.31 27,600 - L 90,500 2.671.74 617.12 PTRC 336,86' On Miami Rd Beg 701'N Penalty 8 Fees: 0,00 III 111 1 Ill. [111 1111 Sw Car Nw 114 10a Sec 6 -36 -30 Other Assessments: 0.00 Southfield Inc 1350 Southrield Circle. South Bend IN 46614 Adjustments: 0.00 rI 19 Less Fall Payments: 0.00 000000OS26 000000102721 Amount Due By 1111012006: 1,027.31 ST JOSEPH COUNTY T PAVER'S SUMMARY C '' PY (^� APPROVED FOR `:T. JOSEPH COUNT' `l.! 6Y STATE 80AR0 OF ACCOUNTS 200E Printed: 05/17/2008 7 :1 CAM PAR= NUMOCR OUDUCATC NUNCCR PROPERTY TYPO BILLED MORTCACe COMPANY 001.1010- 018601 526 2005 Payable 2006 Real CTATC PARCCL ID TAXING UNIT NAMI TOTALTAX RATE MOMECTF -AC CRCOIT % RCPLACE RENT CREDIT RAT-, I Contra Township 2.9522000 23.098200 62055 VALUE I RCSIOCNTIAL VALUE TOTAL EtCMPTioN3 NET TAXAEUE VALU: -- ORO82 TAX CRCOITC TOTAL NET TAX I 62,900 -I 27,600- L 90,500 2,671.74 I 617.12 PTRC 2,054,62 Delinquent Tax: 0.00 Delinquent Penalty: 0.00 339.86' On Miami Rd Beg 701' N Penalty & Fees: 0.00 Sw Cor Nw 114 103 Sce 6 -36 -3a SEE THE BACK OF TAX STATEMENT FOR ADDITIONAL INFORMATION VISIT OUR WEB PAG5 AT www.slosephcountyindlana.con /Aressurer FOR INFORMATION REGARDING: - SATELLITE LOCATION PAYMENT DATES AND TIMES - PROPERTY TAX PAYMENT LOCATIONS -HOWTO READ PROPERTY TAX BILL --ST, JOSEPH COUNTY TAX RATES -TREASURER'S TAX SALE Southfield Inc 1350 Southfield Circle South Bend IN 46514 Adjustments: Less Payments Received: Other Aaee93mentz Curront Tax Dellrrq Tax Dellnq Pen PhlllipS (40): 20.00 0.00 0,00 0.00 0.00 Total 20.00 Current Account Balance: 2,074.62 Exemptions Amount Distribution of Current Year Taxes None 0 State: 1.67 County: 348.12 86 16 A l!0 i I -fir; ^,.._•^ i CiT., n L. Township. School: 1,115,84 Library. 141.07 City Or Town: 0.00 Redev. Dist: 0,00 Almort 20.95 Transpo: 0.00 Welfare: 340.81 Property Address: 61362 Miami Rd South Bend IN 46514 �1. ryiy, �:�nli ..i'1ti .. '1 Pv1. .•; �[a• it';7rNr' A�fl•r- 'F W:'ti ,,r�M•' S �c-'i r.r. r.1 int�Ihw.�rt'r, k• ti .j.� •:r: r• n g wG "7iiiwit, �,' t h3.: 4. •. +: 1, "�' �-�. . r. lq'' rMSrly1' 1C' Q; C ?itgCKs.lI�q�PBLEu'b,�tp..ti��t � ,'�ii��l. �.s$i�a.iw�•�j,;s<. ,u,'j'��:�'µ 7..,�,�Ir �;,� Ibb. } �P.�Y _i �i:l: :':r 9 i a . a C.1 � n ^. •'Y�I �I �i' ` b'F ! 4 J'' rr%in, r, s: �a'.s •,. F+ A.. �.lvi+ I.'�p.:d., iu'• t . {}.I ; h';l ,G $ UI�t1d. C •dtlt�f!•�VTi�id�,�'i>8�1a.,'1u �1 r ��. W.�i F" QQ A� fir, �{ - XI °t.�, �t �rc�i�1v- 1R'0�1� I•� I�YII;�r � �, t{�. �'�'� [.��1 � i �k,. k• ".,: %.`� } �,' rN, � �,'p4'1 ek�G:F 11{,�t; d; �1�� 1�`�a';q• „Y,`I•y �yI�I '�"'�tiaiyj�. tl �,,n.�r,� •I ,� � �I: d ��; }r t�T� .��S �tJ1 1� d.�11' .f :,- �J'?#($�t� �INSSiH9 ��`I� �q•n a• 11 IILS'�o �.'��M� y�,M!! I�IG I y11 'i. I:� `:,D(M,tiY'�C.�'�IL;gIIjJliy4 'M'.,ti�j��_ga 1 p+ NI,� w .7..wiku'i',,.w...., .o� .rw<w.•Yk ¢ j- 1�I�•rf%i. I� �:.d61�•i�;lsM1 3��......_�LIIR �' ��.« i�i�.:: ii. w.' �: :l,aa..rfi�me.5:.ikwSm��IS9�I'.� ,.,,� rT:-rTMIIT.Tn(n.In:1 On•(:T onn7- Tn_nnN UO A I CC t MMI UrJA — C•M vA 2 fM' yre )Cc rn N d 9 0 411B .1,10", j -venue rm I............ '4''1' i �4,uTrlopazzcl,� wTL,OSIE,uv :27 lz2ql8SSj:0000000033,50l!. AC^,OUNT SEQUENCE CHECKO REGISTM- DATE TIME 58371/R 47-023254 004051-5 164589 Junic 11:42AM Share 4'ithdrawal (Oheck) 1546,00 6?4, L-I�-49—CLSJ LLE REAL ESTATE 5 1555 W WESTERN AVEIVE/46619 SOUTH BEND lN 88888-8888 040518 Fil,'10 In rMleirk's Office AUG -1 5 2008 8 EN f n - �. T Onn7_Tn_nAW ST JOSEPH COUNTY t 'L�, L.t s 3 Sir �d 6+ '+ � 4. "nom"- ` '-`� - APPROVED FOB T. JOSEPH COUM 1 4 9 0 ' l il n d d w I( p a A I a a a SOAAO O: ACCOUNTS 200 Printed 10101/2007 7:24 AM -- - ____� -.- PARC CL HVMCfA ... OVPLCATCNUM(3ER _ PFOCPEFTY 77 %E ILL -O MORTGR':L.CCNPA."tY - . -- _ 001- 1010 0187. — - - - -- 528 — - 2006Ra able 2007-= - Real .- 3TATe PARCC.L ID - -^ TAXING VN17 N.S)AE TOTAL TAX RATI' I — HCCSTCAO CREDIT K I RERLACCMCNT CREDIT RATF• _ 71 -14 -06 -176- 001.000 -001 y Centre Township �- M 2.7519000 1 I 20.377000 GRO53 VALVE I AI.'.1CCN'r1AL VALUC I TOTAL EXEMPTION£ I NCT TAYADLE VAt•UE i GW083 TAX CRr0173 I NL-T TAX. PPJ-L W3TALLMENr 36, 500 - �_ - �.- ....., -, �f_____ __._- -- _,�, -., -.. 36 500 ! 1.004.44 1 204.68 PTRC_ -1 L._,-- —L_ 4...,....- R^ Irr Tr SW Pt Nw 114 - Penalty & Fees:. 0,00 Sac 6 36 3s 42.29,1 AC +- Other Assessments: 0.00 LLE Real Estate 1555 W Western Ave South Bend IN 46619 Adjustments; 0.00 Less Fall Payments: 0.00 0000000528 000000000000 Amount Due By 11113/2007: 0.00 ST. JOSEPH COUNTY T) =E=A r =R5 S SUM MAR SVl COPY ("� APPROVED FOR ;T. JOSEPH COUNT F , t C r3Y STATE BOARD OF ACCOUNTS 200 _ Printed: 10/0112007 7:24 AM PARCCL NUI.18ER DUPLICATE NVUBGR PROPlJTrY TY7E ULLED MORTCACG COMPANY 001 -1010 -0187 528 2006 Payable 2007 Real 3TA7E PARCLL 10 TAKING UNIT NAME TOTALTAX AATC I HOVrS7AO CREDIT Y. 1 REPLACE.tENT CRCOtT RATE 71- 14 -06- 176 - 001,000 -001 Centre Townshl 2.7519000 20. 377000 _ CROSS VALUE ACS1DetlTIAL vALUE I TOTAL Etet f>IIONS NCT TAXABLE VALL'C I CROCa TAX I CRODITC I TOTAL NCT TAX 36,500 -L I f __ _ I 36,_5.00_1 1,004.44 ' 204,68 PTRC I 799.76 Delinquent Tax: 414.33 Delinquent Penalty; 41.43 Irr Tr Sw Pt Nw 114 Penalty & Fees. 0.00 Sec 6 39 3e 42,294 Ac +- Adjustments: 0.00 Less Payments Recelved: 0.00 SEE THE BACK OF TAX STATEMENT FOR Other Aszossmenta Curront Tax Nllnq Tax Dolinq Pan Tots! ADO(TIONAL INFORMATION Phillips (40); 8.A4 92.60 VISIT OUR WEB PAGE AT www.stjoa a phcounryindiena,com/Veasurer FOR INFORMATION REGARDING: ! - SATELLITE LOCATION PAYMENT OATES AND TIMES Current Account Balance: 1,348.32 - PROPERTY TAY PAYMENT LOCATIONS Exemptions Amount Olstrlbutlon of Current Year Taxes no 0 State: -HOWTO READ PROPERTYTAX BILL County: 13 1333,,13 icy �r t' Welfare: 120,03 -ST. JOSEPH COUNTY TAX RATES _r --^ , O 1- I-A Township: 32.87 - .TREASURER'S TAX SALE '' :J ' ' • _ School: 448.11. t — Library: 56.87 j _I'J City Or Town: 0.00 Redev. Dist.: 0.00 Airport. 8.05 Transpo; 0.00 ,- u+ -. n "� 1' ,:.': •--gyp LLE Real Estate Property Address: 1555 W Western Ave 61362 Miami Rd South Bend IN 46619 South Bend IN 46614 �r,�nR.y� ° �.R'"'M'` °P.- �'7' -"! • 1�Y Y ,�,,•I.� ��?I;r`-;;. i',�MS ',.'k' ^,m,c'�4'. n•„ - ��T•;,,. .•y,,..._. �yF n. -r-,., n'.*.:'' i,,�,rf ""'1'7C:�: 'FT�'ds`L.,,. i'v v..,., -;-.� ��,. ..}Y:.'�•: ...',:,d,?t�� ..k, 't� 'fr'.l e�.- r.q�ii. ,,.:�1'IS =.ti- �W;�' '�. :,T ", '-'K :4,,, x•:!'?;'lf.' ,,.r,1 -J. r''i�G "' na;:. q,FS.bI.G: ��9� '�4 .n., ,,,,w'..: ...i, �:.na�V:'....,y- •, -..�: ' 4.: 1k�.:v,.:.= ..�:.rI.MY...••.,•r, Y"'11.,�.4 vr+:. "rF':'•. '., • °h0A ONEC °'PAYARL�.'7C1 .-.,�,trh,�tt.i• -. I.+': {v'11��4uf;•,vl'r!�. iiirir!::ell'Fi: .x...,•1'4- �F.fi�:L.'uC';L:��.i N.reO'�:w,Mi: "y!.. rt J4�w1',r'�t [c•': ST JOSE COON f f I a ^ ED FOR &T. JO CFW COUNT Wd90 BOARD -, a w I p 2 A T a e o of nccouvrs 2e0 Printed:- 10/0112007.7:24 AM — - A= `' - - - - -- _- -- PARCEL NUMBER DUPLICATE NVMCCR PROPERTY 7YPE 91LLC0 fAORTONOE COMPAN( - -- - - - - -- -- 00_1- 1010- 01E601._ - __�-�� 526 -m, 2006 Pa able 2007 - — Real .--- r�....._._. ~ 3TATE PAPCEL L ' + � ^ ��— TAXIND UNIT NP M . E TOTAL PAX RATC HOMESTEAD CP,EDI7 , RGPLACCMENTCREDIT P,ATe 71 -14 -06 -151- 001.000 -001 Centre Township 2.7519000 20.377000 CR067 VALVE REEIOENTIAI VALUI! I TOTAL L'XCM:iTIONC NET TA.%kB%e VALUE OR08.°. TAY, I CREOrra NCT TAX PALL INSTAI„1.M -, 4T 62,900-1 33 000 L I I I 1 95,900 , 2,639.07 _L_,__, 537.76 PTRC 0.00 FILLED MORTGGG COMPANY 338.88' On Miami Rd Beg 701'N Penalty & Fees: 0.00 SEE THE BACK OF TAX STATEMENT FOR Sw Cor Nw 114 10a Sec 6 -36.3e HOMESTEAD CREDIT Y REPLACEMENT CREDIT RATE 71 -14-06 -151- 001,000 -001 Centre Township Phllllps (40): Other Assessments: 0,00 LLE Real Estate 20.377000 OItOJ3 VALUE RESIDENTIAL, VALUC TOTAL EXEMPTIONS 1555 W Western Ave CROEC TAX CRCC17.'. TOTAL Me T TAX South Bend IN 46619 FOR INFORMATION REGARDING: Ot - SATELLITE LOCATION PAYMENT DATES AND TIMES Adjustments: 0.00 Less Fall Payments' 0.00 0000000526 000000000000 Amount Due By 11/113/2007: 0.00 ST JOSEPH COUNTY T ��ia & `yr S' R � S SUM ®Ci AR"T l: (3Ui— 'i3� %� APPROVED FOR ST, JOSEPH COUNT lam! Q' Y STATE BOARD OF ACCOUNTS 2004 PHMA,+ IAMIP)Mn7 7.7A AM PARCEL NUMSEP 001 -1010- 018601 DUPLICATE NUfaeL'R 526 2006 Pa able 2007 DROPERIY TYPE Real FILLED MORTGGG COMPANY :TATS PARCEL ID TAXINO UNIT FW&-- SEE THE BACK OF TAX STATEMENT FOR TOTAL, TAX RATC HOMESTEAD CREDIT Y REPLACEMENT CREDIT RATE 71 -14-06 -151- 001,000 -001 Centre Township Phllllps (40): 0,00 O.CO 0.00 2.7519000 20.377000 OItOJ3 VALUE RESIDENTIAL, VALUC TOTAL EXEMPTIONS NL•T TAXA81-E VALUE I CROEC TAX CRCC17.'. TOTAL Me T TAX 62,900- 1 FOR INFORMATION REGARDING: Ot - SATELLITE LOCATION PAYMENT DATES AND TIMES 33,000- L I 95,900 2,639,07 1 537,76 PTRC 21101.31 Delinquent Tax: 1.027.31 Delinquent Penalty: 102.73 336,88' On Miaml Rd Beg 701' N Penalty & Fees: 0.00 SW Cor Nw 1/a 1 Oa Sec 8-38tie Adjustments: 0,00 Less Payments Received: 0.00 SEE THE BACK OF TAX STATEMENT FOR Other Ansessments Current Tax Dallnq Tax Delln4 Pon Total ADDITIONAL INFORMATION Phllllps (40): 0,00 O.CO 0.00 0,00 VISIT OUR WEB PAGE AT www. stjosepncountyindiana ,comntaasurer FOR INFORMATION REGARDING: Ot - SATELLITE LOCATION PAYMENT DATES AND TIMES Current Account Balance: 3,231.35 - PROPERTYTAX PAYMENT LOCATIONS Exemptlons Amount Distribution of Current Year Taxes -HOWTO READ PROPERTY TAX BILL None 0 State: 1.83 County: 349.80 - -ST, JOSEPH COUNTY TAX PRATES ``• + Welfare: 315.36 _ -- ^'j Township: $6.36 - TREASURER'S TAX SALE �_ School: 1,177,38 LI brary: 1x9,43 City Or Town; 0.00 r.r•(l; Redev. Dist.: 0.00 Airport 21,15 7ranspa: 0,00 LLE Real Estate"' �I- Property Address: 1555 W Weslarn Ave 61362 Mlaml Rd South Bend IN 46619 South Bend IN 46614 inn, _T pdjoj c 0 �=f So n W I L; A I Wb-: 18, IL w4w, Ot IjATC 'PAY: TO-7HE 'OR -.OF Py Saudi r Af; :EN TuRa -M ;t1:0 _11—A 9cS Still is 2 ? � ER 'nG S Sr.00000001 a ", C,rl E'LF 5,1' -_.? !1) i v-, 1'.1, L %�IaE RE�-L ES—EATE" 15 5 WE S T HE R N AV T�:-VTTT—, / 4 SOUTH SEND TN Fle"U88-3,11818 No. sm .0489-85 .4 CKNE4. 'S 2008 c I vf e� i p. • • .6 . � � • • • • fir■ Ct' r( CL roacua f iu»r - iarav a..m,.,.. t•s.ra■■ V] as 0,29/ -- -a a =� Zi. it ' � b O� V J V �• 3 a - n S w j•�y1`{1 - .. 0 Sal 0 ZIPS / e1Mv tavr O/SI s N ri S .2151 DOS/ • S 03 / L£A,( 6EW 22H i L2bf � VLir « !•bl ' I�bf I oFbl - it 6161 1I 11-7 Viol. 52 }I 'Ir ��i. s F►r F � 1161 olrt :+ •" �il �! i bo`(. £vrr M s �. Y ksf u � untttttttttttt ,t • G bl`l C1 2QF/ e i LcFf a�£r ]I Art fps lip {{ 1 a ,n I I ,1�j6° LSE s 91E1 [ i lisi i 2' =/ fiIt3Z3gttttgil i !cn 3 I aE i :s£1 1 s=1 �! !!! lilt ='J t 1 SA $SFI = �52111��1i1�t]! tE i Q ff>� g/fc/ ni i StEI I 7 _ 2 a Ise cm! 19 ZZ tSm) 1� fSiY- S +L ££I ■ _ t5hall a _ =r•£FI 3/ N 0411 Y Z< ■ _ice I U3 2 i W 2?£1 `2� ° al to i L a Zo. I1 �sycl r< sI - 2£1 - 9v£1 - # fy 3i g uzl a� $ oszl _ (� Q = It� V i ®o R�'I L►:19 ' BbZ/ i s }il H IL Fi ;S ,f= oizls rYn= 26z1 W S/ _ o�� 1 222) bfll - o I it, i(j -- p ■ •� 1 /i �L7 ,. .. „�... ___ -- —�•�.� Lla■ I101lrRtYJ � � , !!�!'°l'11►�Q��i . I` i 1 i -111 �Ie ♦ • � = 1 on+ t Y ■ N ]i r � �I i li � q �CC,`C• 3i. I DU= as f� ....................................... - ......... - ----------- - ................................................................................................................. . 6602 Deerfield Trail ............................................... . ................................................................. . ..................................................... . .................................................................................................. .................................................................... ................................................................................................................................................................................................................................ 4 6 6629 Forest Trail ......................................................... 6 6.E�.............................................................................. . ..................................................... ...... --***--*-- ........... 6 1 1�1'�Tore*st*`Trail . ........................................................................................................................................................ . 1425 Forest Trail ..................................................... . ............................................................................................................................................................................... ..................................................... . ........... 9 : I ........................ ................................................... ..................................................... . .................................................................................................. I ................................................................................................................................................................... I 6606 Forest . ...................................................... . .. ... ........ .E .. ...................... ................... . 1 ...................................................... . ................................................................................................................................................................................ 15 .. ............................... .. ............................... ........................ 1.7 18 ................................ 20 ................................. 21 ....................... ....................... ....................... ............................... 25 ....................... 27 ............................... 28 ....................... ............................... 30 ......................... 31 .............. ................ 32 .............................. 33 .............................. 34 ............................... 35 ......................... �.6. ......................... 38 ........................ 40 ............................... 41 ............................... 42 ............................. 1425 Lake Trail North ............................ ............................... 1433 Lake Trail North ........................................................... 1439 Lake Trail North ........................................................... 6612 Forest Edge 6618 Forest Edge .................................................................................................. .............................................................................. 1513 Lake Trail North ............................................................................................................................................................................... 6610 Fox Lane .................................................................................................. ........................................................................... 6618 Fox Lane ..... ............................................................................................ ............................................................................ 6624 Fox Lane ................................................................................................................................................................................ 6806 Fox Lane .......................................................... ........................................ ............................................................................ 6814 Fox Lane .......................................... ....................................................... ............................................................................ 1518 Lake Trail South ............................. I .............................................. Lake- Tr" all South ............................................................................................................................................................................... 1502 Lake Trail South ................................................................................................... ............................................................................ 1432 Lake Trail South ... '*t'* " 1424 Lake Trail '*****'**** South .................................................................................................... ............................................................................ 1418 Lake Trail South .................................................................................................. ............................................................................ 1410 Lake Trail South .................................................................................................. ................................. 1384 Lake Trail South ............................................................................................................................................................................... 1378 Lake Trail South ................................................................................................................................................................................. 1370 Lake Trail South ............................................ I ........................................................................................ 1326 Lake Trail South .................................................................................................. ............................................................................ 1354 Lake Trail South ................................................................................................................................................................................. 1346 Lake Trail South ................................................................................................................................................................................. 1338 Lake Trail South ............. 1330 Lake Trail South 1 1322 Lake Ridge Court ........................................................... 1312 Lake Ridge Court ............................................................. 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............... ............................... 88 ............... ............................... 89 ............... ............................... 90 ............... ............................... 91 ............... ............................... 92 .............. ............................... 93 .............. ............................... 94 ............... ............................... 95 ............... ............................... 96 ............... ............................... 97 ............... ............................... 98 .............. ............................... 99 .............. ............................... 100 .............. ............................... 101 .............. ............................... 102 .............. ............................... 103 .............. ............................... 104 .............. ............................... 105 ............... ............................... 106 ............... ............................... 107 ............... ............................... 108 .............. ............................... 109 110 111 .......... 112 .......... 113 .......... 114 .......... 115 116 117 118 119 1.20 121 122. ........... 123 124 .......... 125 126 ............ ........................Address ........................... ............................... 6604 Blue Bird Trail ........................... ............................... 6610 Blue Bird Trail ........................... ............................... 6616 Blue Bird Trail ........................... ............................... 6622 Blue Bird Trail . ........................... ...........I................... 6628 Blue Bird Trail ........................... ............................... 1112 Red Bird Trail ........................... ............................... 1118 Red Bird Trail ............................ ............................... 1124 Red Bird Trail 1204 Red Bird Trail ................................ ............................... 1 1210 Red Bird Trail ...:........................................................................ 1113 Southfield Lake Trail ...:......................................... ............................... 1 1119 Southfield Lake Trail ......................................... ............................... 1 1125 Southfield Lake Trail ...:......................................... ............................... 1205 Southfield Lake Trail :........................................ ............................... 1211 Southfield Lake Trail > ........................................ ............................... 1 1222 Red Bird Trail ....:........................................ ............................... 1228 Red Bird Trail ....:........................................ ............................... 1234 Red Bird Trail ....:........................................ ............................... € 1240 Red Bird Trail ....:..................................... .................................. 1246 Red Bird Trail ....:........................................ ............................... 1252 Red Bird Trail ....:........................................ ............................... 1223 Southfield Lake Trail ........................................ ............................... € 1229 Southfield Lake Trail ....:....................................... ............................... 1235 Southfield Lake Trail ........................................... ............................... 1241 Southfield Lake Trail ....................................... ............................... € 1247 Southfield Lake Trail 1 1253 Southfield Lake Trail ............................................ ............................... 1305 Garden Way .....:....................................... ............................... 1 1311 Garden Way ....................................... ............................... 1317 Garden Way .....:....................................... ............................... 1321 Garden Way .....:....................................... ............................... 1327 Garden Way > ....................................... ............................... 1 1333 Garden Way .....:....................................... ............................... 1339 Garden Way .....:....................................... ............................... 1345 Garden Way :....................................... ............................... 1351 Garden Way .. ......................... . ........ ............................... 1357 Garden Way .....:...................................... ............................... 1361 Garden Way ....... • ............................... ............................... 1 1367 Garden Way .. ........................ . ......... ............................... 1 1371 Garden Way .....:...................................... ............................... 1317 Garden Way .....:...................................... ............................... 1304 Garden Way ............................................................... ............................... ; Tax # ............................................................................................................................................................................... - - ------------ Lot 9 Address .............................. 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G: IProjects107ISouthFielcAO6004-301project-info102-sitelparcels. doc 0 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA, CERTAIN LAND IN CLAY TOWNSHIP, CONTIGUOUS THEREWITH; COUNCILMANIC DISTRICT # 4 JOHN D. & LEONA RAPPELLI AND ROSEMARY R. MANDRICI 54902 IVY ROAD (A.K.A. IVY COURT), SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT A Petition for voluntary annexation of 0.78 acres located in Clay Township, St. Joseph County, Indiana, has been filed by 100% of the owners of the land in the territory sought to be annexed. It is the intent and purpose of this Ordinance to annex this territory to the City of South Bend, Indiana. THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF " SOUTH BEND, INDIANA AS FOLLOWS: SECTION 1. That the following described real estate situated in St. Joseph County, Indiana, being contiguous by more than one -eight (1/8) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend: ANNEXATION LEGAL DESCRIPTION: A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00 052'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 167.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT- OF- WAY LINE OF AN EXISTING 14 FT. WIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00 052'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89 003'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT- OF- WAY LINE OF IVY ROAD i st READING PUBLIC HEARING rd READING NOT APPROVED, REFERRED SASSED' (A.K.A. IVY COURT): THENCE ALONG SAID WEST LINE, N. 00 °52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT - OF -WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29 014'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE: THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT -OF -WAY LINE, N. 21 011'38" E., ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89 °07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. SECTION IL That the boundaries of the City of South Bend, Indiana, shall be and are hereby declared to be extended so as to include the real estate of the above described parcel as a part of the City of South bend, Indiana. SECTION III. This Ordinance shall be in full force and effect 30 days from and after its passage by the Common Council., approval by the Mayor, and legal publication. Attest: City Clerk Member of the Common Council (� a :d. ��l' i�ri��Ii�iiry ts�..::sce�r�.:�cX,ri�w 7�}�!v ?:a�/ Coui d', ar Von fill oils IJk�1vv 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. Filed In Clerk's Office S E P - 3 2008 JOHN VOORDE CITY CLERK, SO. BEND, IN. , City of South Bend, Indiana PETITION FOR THE VOLUNTARY ANNEXATION INTO THE CITY OF SOUTH BEND, INDIANA I (We) the undersigned, make application to the Common Council of the City of South Bend, Indiana, for the voluntary annexation of land to the City of South Bend, Indiana, for land in Clay Township, St. Joseph County, Indiana, and in support of which Petition allege(s) and affirm(s) as follows: 1) (We) am/are the owner(s) (hereinafter "petitioner" or "petitioners ") of a parcel of land more particularly described in Exhibit "A ". 2) Petitioner(s) desire that the parcel be annexed to the City of South Bend, Indiana, by proper ordinance. 3) This Petition is signed by at least (CHECK ONE): _x_ a. one - hundred percent (100 %) of the owners of the land in the territory sought to be annexed; OR b. fifty -one percent (51 %) of the owners of the land in the territory sought to be annexed; OR _ c. the owners of seventy -five percent (75 %) of the total assessed value of the land for property tax purposes. 4) The property sought to be annexed is generally located at: 54902 Ivy Road, South Bend, Indiana 46637 5) The Property Tax Key Numbers are: 002 -1105 -5296 002 - 1105 -5293 002 -1105 -5291 6) The name and address of the contingent purchaser(s), if applicable, is /are: N/A 7) The parcel is 0.78 acres in size and currently has the following use(s) on it: Single - family home. 8) The parcel will be used for the following use(s): Residential for present. 9) The number of current residents in the annexation area: 10) The anticipated "build -out" year for the project: N/A 11) The proposed number of parcels:_1 12) The proposed miles of new roadways: NONE 2 The signature(s) of all property owner(s), or Attorney for all property owner(s). Signed: John D. Rappelli Leona Rappelli Address: 704 Peashwav South Bend, Indiana 46617 Phone Number: 232 -0875 Signed9)n R Man rici Address: 820 Peashway South Bend, Indiana 46617 Phone Number: 292 -0974 Name, Address & Phone Number of Contact Person: Michael J. Danch Danch, Harper & Associates, Inc. 1643 Commerce Drive South Bend, Indiana 46628 (574) 234 -4003. Filed �{ 0if4Ce 3 2003 VOORDF CITY _ _ ANNEXATION DIAGRAM - F 4 I P.O.B. w J J Q U J J 0. r p LOT 2 L -2 I`lJ. l4.Ci ANNEXATION PARCEL ul I 0.78 ACRES± U 14' WIDE PUBLIC ALLEY 14' WIDE PUBLIC ALLEY " I F-r I , CURVE TABLE CURVE RADIUS ARC LENGTH CHORD LENGTH �JN HORD BEARING C -1 253.00' 105.08' 104.32' 2 9'14'35 W N LINE CHART WL-3S ING DISTANCE 0'52'09" E 136.00' a 9'07'51" E 181.15' N 0'52'09" E 81.98' Q{� L-4 S 89'03'20" W 251.15' c� N 00'52'09" W 81.38' L -6 N 21'11'38" E 48.71' o m L -7 N 89'07'51 " E 101.28' 0 60 SCALE 1'= 60' Danck Harnerd�Apaciatee, inG Land Surveyors •Professional Engineers 1 Landscape Architects- Land Planners Office: (574)234 -4003 / (800)594 -4003 Fox: (574)234 -4119 1643 Commerce Drive Soulh Bend, IN 46628 o, 3 a u c c 0 NI Q O ANNEXATION DIAGRAM A PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF LOT # 9 OF THE RECORDED PLAT OF THE "TOWN OF SCHROEDERSVILLE ", RECORDED JULY 29, 1893 IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA, IN PLAT BOOK 6, PAGE 79; THENCE ALONG THE EAST LINE OF LOT # 9 AND LOT # 8 IN SAID PLAT, S. 00'52'09" E., 136.00 FEET MORE OR LESS TO THE SOUTHWEST CORNER OF SAID LOT # 8; THENCE ALONG THE SOUTH LINE OF SAID LOT # 8 AND ITS EASTERLY EXTENSION, N. 89'07'51" E., 167.15 FEET MORE OR LESS TO A POINT ON THE EAST RIGHT— OF— WAY LINE OF AN EXISTING 14 FT.rWIDE PUBLIC ALLEY; THENCE ALONG THE EAST LINE OF SAID ALLEY, S. 00'52'09" E., 81.98 FEET MORE OR LESS; THENCE ALONG THE EASTERLY EXTENSION OF THE SOUTH LINE OF A 14 FT. WIDE PUBLIC ALLEY, S. 89'03'20" W., 251.15 FEET MORE OR LESS TO A POINT ON THE WEST RIGHT— OF— WAY LINE OF IVY ROAD (A.K.A. IVY COURT); THENCE ALONG SAID WEST LINE, N. 00'52'09" W., 81.38 FEET MORE OR LESS, THENCE CONTINUING ALONG SAID WESTERLY RIGHT —OF —WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 253.00 FEET, MORE OR LESS AND HAVING AN ARC DISTANCE OF 105.08 FEET MORE OR LESS TO THE END OF A CHORD BEARING N. 29'14'35" W. AND HAVING A DISTANCE OF 104.32 FEET MORE OR LESS TO A POINT ON THE EAST LINE OF TWYCKENHAM DRIVE; THENCE ALONG THE EASTERLY EXTENSION OF SAID RIGHT —OF —WAY LINE, N. 21'11'38" E., 48.71 FEET TO A POINT ON THE NORTH LINE OF LOT # 28 IN SAID PLAT; THENCE ALONG THE NORTH LINE OF SAID LOT AND ITS EASTERLY EXTENSION, N. 89'07'51" E., 101.28 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.78 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS EASEMENTS AND RESTRICTIONS OF RECORD. Dank, Harner &Adeociatee, In DM Land Surveyors •Professional Engineers Landscape Architects- Land Planners Office: (574)234 -4003 / (800)594 -4003 Fox: (574)234 -4119 1643 Commerce Drive South Bend, IN 46628 2 SOUTH I gyp„ �i� of South Bend Common Council 1865 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Timothy A. Rouse President Oliver J. Davis Vice- President Derek D. Dieter Chairperson, Committee of the Whole Derek D. Dieter First District Henry Davis, Jr. Second District Thomas LaFountain Third District Ann Puzzello Fourth District David Varner Fifth District Oliver J. Davis Sixth District Al `Buddy' Kirsits September 3, 2008 ��\ 136' _C _p t Members of the South Bend Common Council 4t' Floor County -City Building South Bend, Indiana 46601 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin.gov Re: 2009 Salary and Monetary Fringe Benefit Ordinance for Sworn Members of the South Bend Police Department Dear Council Members: As your representatives on the City Advisory Negotiating Team, we are pleased to submit the attached ordinance for your review, discussion and approval. This ordinance will establish maximum salary and fringe benefit amounts for sworn members of the South Bend Police Department for 2009. This financial package is the result of many weeks of collective bargaining. The City Advisory Negotiating Team which represented the Common Council, the Board of Public Safety, and the Police and City Administrations bargained with the Police Negotiating Team which represented sworn members of the Fraternal Order of Police, Lodge No. 36. The negotiations were focused, informative, educational, and thought- provoking. As a result of the shared public safety interests discussed, the City Advisory Negotiating Team recommends approval of this package. At Large We are pleased to report that the tentative agreement reached on August 12, 2008, between the negotiating teams was ratified by a vote of 124 in favor, and 15 Timothy A. Rouse against. This represents a 87.3% vote in favor of the entire package by the sworn At Large members of the Fraternal Order of Police, Lodge No. 36. Karen L. White At Large Some of the key provisions of the monetary package which we are recommending for your approval include the following: Kathleen Cekanski- Farrand Council Attorney . Operation Safe Neighborhoods Program will cease on December 31, 2008 with those funds being used to assist in paying for police uniform allowance increase of_$200 per officer 0 Effective July 1, 2009, the longevity program will adjust the amounts paid to police officers as follows: officers having 10 -14 years of service will receive an additional $35; officers with 15 -19 years of service will receive an additional 2009 Salary & Monetary Fringe Benefit Ordinance September 3, 2009 Page 2 $100 and those officers with 20 years of service and more will receive an additional $175 • Shift incentive and seniority shift incentive pays for the 2nd and 3rd Details will increase by $100 each, effective January 1, 2009 • Each police rank will receive an across the board salary increase of 2.2% effective January 1, 2009 • All other monetary fringe benefit amounts will remain at 2008 levels As members of the City Advisory Negotiating Team, we would like to thank each and every member of the Police Negotiating Team representing Fraternal Order of Police, Lodge No. 35 for their dedication to the collective bargaining process. As the result of both teams hard -work, the best possible package, which is fair and reasonable, resulted, after many hours of debate and analysis. We recommend that the South Bend Common Council refer this ordinance to the Personnel and Finance Committee and the Health and Public Safety Committee for a joint meeting to be scheduled for Monday, September 22 °d. We further recommend that this ordinance be passed that evening by the Common Council. As noted in the joint press release issued by the FOP and the City. on August 12a' when the teams reached a tentative agreement, the package "...assures that public safety will continue to be a top priority in the City of South Bend in light of very challenging fiscal times ". Thank you. Most sincerely, Council Member Thomas LaFountain City's Advisory Negotiating Team Member Council Member Oliver Davis City's Advisory Negotiating Team Member Council Member Henry Davis, Jr. City's Advisory Negotiating Team- Alternate Council Member Ann Puzzello City's Advisory Negotiating Team Member Council Member Karen L. White City's Advisory Negotiating Team- Alternate Kathleen Cekanski-Fa rra qu ire, , , Council's Agent � �� "� �' ff ce nr;'3 JOHN VOORDE CITY CLERK, SO. SEND, IN. Ordinance No. Bill No. -08 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF POLICE OFFICERS OF THE SOUTH BEND POLICE DEPARTMENT FOR CALENDAR YEAR 2009 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36- 8 -3 -3, ¶ (d), the South Bend Common Council, as the legislative body of a second class city is charged with establishing before September 30th the annual compensation of all members of the South Bend Police Department. On April 28, 2008 the South Bend Common Council unanimously adopted Resolution No. 3861 -08 which appointed an agent/negotiator for the labor negotiations with the Police Negotiating Team representing the Fraternal Order of Police, Lodge No. 36. For the past several weeks, the City's Advisory Negotiating Team whose membership included Personnel and Finance Committee Chairperson Thomas LaFountain, Health and Public Safety Committee Vice - Chairperson Ann Puzzello, Personnel and Finance Committee Member Oliver Davis; and alternate members Council Member Karen L. White, Chairperson of the Health and Public Safety Committee; and Council Member Henry Davis, Jr., Health and Public Safety Member; City Controller M. Catherine Fanello, City Attorney and Agent for the Board of Public Safety Charles Leone, Board of Public Safety Attorney Thomas Bodnar, Police Chief Darryl Boykins, Division Chief Jeff Walters, Division Chief Gary Horvath, and the Council's Agent/Negotiator Kathleen Cekanski - Farrand has been meeting with the Police Negotiating Team representing the Fraternal Order of Police South Bend Lodge No. 36 whose membership included Lt. Scott Ruszkowski, FOP President; Corporal Dan Moryl, FOP Vice - Chairperson; Sgt. Steve Noonan, FOP Wage Team Chairperson, Sgt. James Walsh, FOP Vice - Chairperson, Lt. Scott Bryant, Corporal Jeff Ransberger, Corporal Dave Johnson, Detective Sgt. John Szuba, Detective Sgt. Gene Eyster and Leo T. Blackwell, FOP attorney and Chief Spokesperson. The salary and monetary fringe benefits set forth in this ordinance are in keeping with the goals and objectives established by the South Bend Common Council, the City Administration and the Police Administration. The ordinance is believed to be in the best interests of the South Bend Police Department, and the best interests of the City of South Bend, Indiana; so that public safety will continue to be a top priority, in light of the very challenging fiscal times facing the city. �acu, ��fiv�xe�a�e, �e doatitetzI de pamw� pau altze c o�C.cct� c Q,yn, 6;WW, as follows: Section I. Recognition. The South Bend Common Council recognizes the Police Negotiating Team which represents the Fraternal Order of Police as the sole bargaining agent for the sworn members of the South Bend Police Department, for purposes of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance, excepting the Police Chief, Division 2009 South Bend Police Department Salary Ordinance Page 2 Chiefs and Captains who are governed by Indiana Code § 36- 8 -1 -12. Section II. Annual Pays and Lateral Entry. (a) Annual Pay for Sworn Members of the South Bend Police Department: Maximum annual pay for the sworn members of the South Bend Fire Department for calendar years 2009 shall be as follows: Rank 2009 Police Chief $ 78,621 Division Chiefs $ 72,112 Captains $ 62,232 Lieutenants $ 53,633 Sergeants $ 51,432 Corporals $ 49,563 1St Class Police Officer $ 44,453 (b) Annual Pay for Entry Level Officer: The following entry level pay classification is established as follows: 2009 $41,500 (c) Lateral Entry: The Common Council authorizes the South Bend Police Department to offer between $1,000 to a maximum of $3,500 as a one -time bonus to any individual found to be eligible and qualified to be a candidate on the South Bend Police Department who has the requisite law enforcement experience and certification(s) for such a lateral entry onto the department. Section III. Additional Areas of Compensation. (a). Maximum Amounts. All monetary amounts set forth in this ordinance shall be the maximum amounts permitted in the 2009 calendar year. (b). Court Time Pay: If an officer or sworn member of the South Bend Police Department is subpoenaed to court or is ordered to appear at any given location to validate a complaint or warrant, and if that officer or sworn member is off -duty, that officer or sworn member shall be paid overtime. Such court time pay shall be paid at the overtime rate of pay. Such officer or sworn member shall receive a minimum of four (4) hours of pay for appearing on his or her scheduled day off; and a minimum of two (2) hours of pay for appearing when off -duty on a regular scheduled workday. (c) Overtime Pay: If a sworn member is required to remain on duty in excess of the regularly scheduled workday, he or she shall be entitled to overtime pay. Such sworn member shall 2009 South Bend Police Department Salary Ordinance Page 3 be paid at the rate of one and one -half (1 %z) times his or her regular rate of pay. Overtime shall be calculated by quarter -hour increments. (d) Critical Duty Day Pay Stipend: A critical duty day pay stipend is established in the amount of one hundred fifty and 00 /100 dollars ($150.00). There shall be six (6) critical duty days established by the Board of Public Safety by proper Board Resolutions for calendar year 2009. Officers or sworn members assigned to Family Violence /Special Victim's Unit, County Metro Homicide or the South Bend Community School Corporation, shall, while so assigned, shall not be eligible for the critical duty day pay stipend, while working as a part of his or her regular duty assignments. (e) Shift Premium Pays: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2009 Afternoons $900 Detective Bureau (nights) $700 Midnights $1,450 Half Shift Detail $270 NEST $540 (f) Seniority -Shift Incentive Premium Pays: An officer or sworn member scheduled to work any of the following types of detail shall be entitled to the following shift premium pays for such work: Type of Detail 2009 Afternoons $950 8 years or more of service or rank above corporal Midnights $1,200 8 years or more of service or rank above corporal (g) Special Duty Pays: An officer or sworn member who is qualified and scheduled to work in special hazardous duty and/or highly specialized areas of service, shall be entitled to receive special duty pay for such assigned and designated specialties: Type of Special Duty 2009 NEST $750 SOS Undercover $5,000 SOS $1,000 K -9 Unit $1,000 SWAT $1,000 Bomb Technician $1,000 2009 South Bend Police Department Salary Ordinance Page 4 Type of Special Duty 2009 Hostage Negotiator $650 Uniform Crime Scene Technician $350 Uniform Sergeant Pro -Pay $350 Rapid Response (CUT) $350 (h) Detective Classification Pay:- A qualifying sworn member within the pay classification of Sergeant who has been assigned to be an Investigator on a continuing basis and who began receiving pay under a previous salary ordinance for such work as an Investigator in the Investigative Division is considered grandfathered. Such qualifying Sergeant shall continue to receive an additional annual pay in the total amount of six hundred sixty three and 00 /100 dollars ($663.00) in calendar year 2009. Said pay shall be paid on a divisible amount which is paid on a bi- weekly basis. Said pay shall be prorated in any year a qualifying Sergeant retires, resigns or otherwise leaves employment. (i) Investigator Pro -Pay: A sworn member who is assigned to be an Investigator on a continuing basis who qualifies after eighteen (18) continuous months of such service shall be paid at a rate equivalent to the pay of a Sergeant. 0) Field Training Officer (FTO) Pay: A qualified Field Training Officer (FTO) shall be entitled to forty and 00 /100 dollars ($40.00) per day for each day which such person is qualified, assigned and performs field training activities with new recruits. (k) Annual Cash Allowance: Officers and sworn members shall receive the following annual cash allowance amounts. One -fourth (1/4) of the annual sums listed shall be paid each calendar quarter: 2009 $1,200 (1) Longevity Pay.: Qualifying officers and sworn members holding the rank of Corporal and above, shall receive additional compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pay shall be paid at the following amounts between January 1, 2009 through June 30, 2009; and shall not be attributed to the annual salary base for pension purposes. Said longevity pay shall be paid with regular payroll amounts throughout the designated herein and shall be as follows: Cumulative Years of Service on SBPD Commencement Date Amount 10 -14 years Beginning in the l lth year $415 15 -19 years Beginning in the 16'h year $575 20 years and over Beginning in the 21" year $1,050 Effective July 1, 2009, Qualifying officers and sworn members holding the rank of Corporal and above,. shall receive additional compensation in recognition of cumulative service on the South Bend Police Department. Such longevity pay shall be paid at the following amounts effective July 2009 South Bend Police Department Salary Ordinance Page 5 1, 2009; and shall not be attributed to the annual salary base for pension purposes. Said longevity pay shall be paid with regular payroll amounts throughout the designated herein and shall be as follows: Cumulative Years of Service on SBPD Commencement Date Amount 10 -14 years Beginning in the 11th year $450 15 -19 years Beginning in the 16th year $675 20 years and over Beginning in the 21St year $1,225 (m) Tuition Reimbursement: Qualifying officers and sworn members of the South Bend Police Department who participate in the tuition reimbursement program shall be entitled to the following maximum dollar amount for approved course tuition: Course Grade Maximum Amount Reimbursed by the City of South Bend A 100% of tuition costs only up to a maximum of $1,500 B 75% of tuition costs only up to a maximum of $1,000 C 50% of tuition costs only up to a maximum of $500 Tuition reimbursement shall be on a "first come, first serve" basis only up to the maximum amount budgeted for such purposes for a particular calendar year by the Council. All governing regulations must be complied with by a qualifying officer or sworn member in order to be paid any tuition reimbursement. (n) The Operation Safe Neighborhood Reimbursement program is hereby terminated effective December 31, 2008. (o) On -Call Dp1y Pays: Each of the following On -Call Duty Pay categories shall be allotted six hundred fifty 00 /100 dollars ($650.00) per category for calendar year 2009 and shall be divided among the assigned police officers in each of these categories. Such division of pay shall be determined according to frequency of assigned on -call days in the respective category and shall be paid on a quarterly basis. The On -Call Duty Pay categories are as follows: Arson Investigator County Metro Homicide Investigator Investigative Division On -Call Duty Officer County Metro Homicide Technician Major Crimes Investigator Family Violence /Special Victim's Unit Major Crimes Technician Traffic On -Call Diagramer Sex Offense Investigator Traffic On -Call Duty Officer . (p) Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all members of the South Bend Police Department in an amount of not less than twenty thousand dollars ($20,000). 2009 South Bend Police Department Salary Ordinance Page 6 (q). Health Insurance: Each sworn member and officer of the South Bend Police Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. The monthly contribution for health insurance coverage for active sworn members and officers of the South Bend Police Department for calendar year 2009 shall be at the same rate as those in calendar year 2008. The monthly contribution for police pensioners who are members of the Fraternal Order of Police, Lodge No. 36 who retire after January 1, 1997, and who desire coverage from the City's self - funded insurance program for calendar year 2009 shall be at the same rate as those in calendar year 2008. Retired police officers who are not members of the Fraternal Order of Police South Bend Lodge No. 36 shall pay an additional $50.00 per month, as may be further addressed in a letter of agreement. (r). Individual Flexible Spending Account: The City of South Bend shall continue to contribute five hundred dollars ($500.00) to each South Bend Police Department sworn member's and each officer's individual flexible spending account in calendar year 2009, so long as such individual was employed as of October 1 st of the previous calendar year. Section IV. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. Effective Date: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Council Member Thomas LaFountain Personnel and Finance Chairperson City's Advisory Negotiating Team Member Council Member Ann Puzzello Health and Public Safety Vice- Chairperson City's Advisory Negotiating Team Member 2009 South Bend Police Department Salary Ordinance Page 7 Council Member Karen L. White Health and Public Safety Chairperson City's Advisory Negotiating Team Member - Alternate Council Member Oliver Davis Personnel and Finance Committee Member City's Advisory Negotiating Team Member Council Member Henry Davis, Jr. Health and Public Safety Committee Member City's Advisory Negotiating Team Member- Alternate John Voorde, City Clerk �Pxemw&dby me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of September, 2008, at o'clock _. m. Janice Talboom, Deputy Clerk �xaaecGa�ui�me� by me on the day of September, 2008, at o'clock M. Stephen J. Luecke Fllc° ,' OificO Mayor of the City of South Bend, India aa -- - s4 READING 7UBLIC HEARING 5�,�- OZ, 2'109 rd READING \10T APPr OVEr) _ s EZRED PASSS D so T8 8� City of South Bend ,e Common Council 1865 k 441 County-City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Timothy A. Rouse President September 3, 2008 (574) 235 -9321 Fax (574) 235 -9173 TDD (574) 235 -5567 http://www.southbendin-gov Members of the South Bend Common Council Oliver J. Davis 401 Floor County -City Building �l cc Vice - President South Bend, Indiana 46601 � Iy 0 � J Derek D. Dieter Re: 2009 Salary and Monetary Fringe Benefit Ordinance for Sworn Members Chairperson, Committee of the Whole of the South Bend Fire Department Derek D. Dieter Dear Council Members: First District The undersigned Council Members who represent the Common Council on the City Henry Davis, Jr. Advisory Negotiating Team, are pleased to file the attached ordinance for your review, Second District discussion and approval. This ordinance will establish maximum salary and fringe Thomas LaFountain benefit amounts for sworn members of the South Bend Fire Department for 2009. Third District The ordinance sets forth the monetary components of the tentative agreement reached Ann Puzzello on Monday, August 25th between the Fire Negotiating Team representing sworn Fourth District members of the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO and the City Advisory Negotiating representing David Varner the Common Council, Board of Public Safety and the Fire and City Administrations. Fifth District Voting on the package by the South Bend Firefighters continues this week, and results Oliver J. Davis will not be available before the filing deadline for this proposed ordinance. Indiana state Sixth District law requires the Common Council to pass a salary ordinance by September 30th. Al `Buddy" Kirsits At Large Some of the key provisions of the monetary package which we are recommending for your approval include the following: Timothy A. Rouse At Large e Creation of a longevity program in recognition of cumulative years of service on the Karen L. White South Bend Fire Department At Large • Base pay increases effective the first payroll period in the second quarter of 2009 Kathleen Cekanski- Farrand (April 3, 2009) of 1.65% across the board for all ranks except Firefighter I't Class Council Attorney who will receive effective January 1, 2009 a 2% increase. • All other monetary fringe benefits will remain at 2008 levels. As members of the City Advisory Negotiating Team, we would like to thank all members of the Fire Negotiating Team representing sworn members of the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO for their working with the City Advisory 2009 South Bend Fire Department Salary and Monetary Fringe Benefit Ordinance September 3, 2008 Page 2 Negotiating Team under the auspice of interest -based negotiations. As a result, the best possible package, which is believed to be fair and reasonable, was achieved. We recommend that the South Bend Common Council refer this ordinance to the Personnel and Finance Committee and the Health and Public Safety Committee for a joint meeting to be scheduled for Monday, September 22 "d. We further recommend that this ordinance be passed that evening by the Common Council. A joint press release was jointly issued by the Firefighters Local No. 362 and the City of South Bend on August 25th after the negotiating teams reached a tentative agreement. As noted then "...the teams worked hard to assure that firefighters and the public safety services which they perform on a 24/7 basis remain a key priority in the City of South Bend ". Thank you. Most sincerely, Council Member Thomas LaFountain City's Advisory Negotiating Team Member Council Member Oliver Davis City's Advisory Negotiating Team Member Council Member Henry Davis, Jr. City's Advisory Negotiating Team- Alternate Attachment Council Member Ann Puzzello City's Advisory Negotiating Team Member Council Member Karen L. White City's Advisory Negotiating Team- Alternate . * � C " 4 —'— Kathleen Cekanski- Farrand Esquire q Council's Agent Ordinance No. Bill No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FIXING THE ANNUAL PAY AND MONETARY FRINGE BENEFITS OF FIREFIGHTERS OF THE SOUTH BEND FIRE DEPARTMENT FOR CALENDAR YEAR 2009 STATEMENT OF PURPOSE AND INTENT Pursuant to Indiana Code § 36- 8 -3 -3, ¶ (d), the South Bend Common Council, as the legislative body of a second class city is charged with establishing before September 30th the annual compensation of all members of the South Bend Fire Department. On April 28, 2008, the South Bend Common Council unanimously adopted Resolution No. 3861 -08 which appointed an agent/negotiator for the labor negotiations with the Fire Negotiating Team representing the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO. For the past several weeks the City's Advisory Negotiating Team, whose membership included Personnel and Finance Committee Chairperson Thomas LaFountain, 4a' District Council Member and Health and Public Safety Vice - Chairperson Ann Puzzello, 6d' District Council Member Oliver Davis as members, and Health and Public Safety Committee Chairperson, Council Member at Large Karen L. White and 2nd District Council Member Henry Davis, Jr., as alternates; to serve with City Controller M. Catherine Fanello, City Attorney and Board of Public Safety Agent Charles Leone, Board of Public Safety Attorney Thomas Bodnar, Assistant Fire Chief Frederico Rodriguez, Assistant Fire James Lopez, Assistant Fire Chief Mark Nowicki and the Council's Agent/Negotiator Kathleen Cekanski - Farrand has been meeting with the Fire Negotiating Team which consists of Ken Marks, IAFF Local 362 President; Todd Skwarcan, IAFF Local 362 Vice - President; Pump Operator James Weinberg, Captain Chris Baker, Engineer Gerard Ellis, Retired Battalion Chief Mike Wegenka, and Thomas "Chip" Lewis III, Spokesperson. The City's Advisory Negotiating Team and the Fire Negotiating Team reached a tentative agreement on Monday, August 25, 2008, regarding a 1 -year salary and monetary fringe package for the 2009 calendar year. Informational meetings with the sworn members of the South Bend Fire Department are in the process of being scheduled; with voting on the package taking place thereafter. The negotiating teams were committed to the principles of interest -based bargaining which were used throughout the negotiating process. The salary and monetary fringe benefits set forth in this ordinance are in keeping with the goals and objectives established by the South Bend Common Council, the City Administration and the Fire Administration. The ordinance is believed to be in the best interests of the South Bend Fire Department and the best interests of the City of South Bend, Indiana. RINI c��, as follows: 2009 South Bend Fire Department Salary Ordinance - Page 2 Section I. Recognition: tion: The South Bend Common Council recognizes the Fire Negotiating Team which represents the South Bend Firefighters' Association Local No. 362 of the International Association of Firefighters AFL -CIO as the sole bargaining agent for the sworn members of the South Bend Fire Department, except the Fire Chief, Assistant Fire Chiefs and Battalion Chiefs for purposes of negotiating annual pay and monetary fringe benefits which are addressed in this ordinance. Section II. (a). Definitions: For purposes of this ordinance, "Salary Classifications" mean categories for salary and annual pay purposes only. Rank does not mean salary classification. (b). Annual Pay for Sworn Members of the South Bend Fire Department: Maximum annual pays for the sworn members of the South Bend Fire Department shall have the base salaries paid effective 01 -01 -09 being at the same maximum amounts as those paid in 2008, and the 2009 salary increases becoming effective 04- 01 -09, which shall be as follows: Salary Classification Fire Chief . Assistant Fire Chiefs Battalion Chiefs Captains Engineers First Class Firefighter Firefighter Effective 01 -01 -09 $76,920 $70,560 $60,892 $50,075 $48,270 $44,150 $35,535 Effective 04 -01 -09 $78,189 $71,724 $61,897 $50,901 $49,066 $44,150 $36,121 (c). Annual Pqy for Firefighter Recruit: The maximum annual pay for a Firefighter Recruit of the South Bend Fire Department shall be $35,613 for the 2009 calendar year. (d). Salaries for Non -Rank Specialties: Qualified sworn members of the South Bend Fire Department who are regularly assigned to perform any of the following non -rank specialties, shall be paid effective 01 -01 -09 at the same maximum amounts as those paid in 2008, and the 2009 non -rank specialties increases becoming effective 04- 01 -09, which shall be as follows: Non -Rank Specialties: Arson Investigators Inspectors Instructors Lieutenant/Paramedic Pump Engineer /First Driver Section III. Specialty Pays: Effective 01 -01 -09 $50,075 $50,075 $50,075 $49,670 $48,860 Effective 04 -01 -09 $50,901 $50,901 $50,901 $50,490 $49,666 (a). Medical Specialty Pays: Specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of the regular assignment for such special duty or duties and paid accordingly. Individuals performing any of the 2009 South Bend Fire Department Salary Ordinance - Page 3 following Medical Specialties shall be paid at the highest certification only. The following Medical Specialty Pays are established for calendar year 2009: Medical Specialties 2009 First Responder $250 EMT $350 AEMT $750 AEMTI $900 Reserve Paramedic $1,250 Paramedic $5,000 Any sworn member of the South Bend Fire Department hired after January 1, 2001, when the EMT certification became a condition of employment, shall not be entitled to the above - listed EMT medical specialty pay. All sworn members of the South Bend Fire Department who were hired prior to January 1, 2001, and who maintain his or her EMT certification shall be entitled to the listed EMT medical specialty pay(s). (b). Special Operation Team Specialty Pays: The following specialty pays shall be paid to the sworn members of the South Bend Fire Department who meet the department's requirements for each specialty and who are regularly assigned to perform such special duties. All specialty pays shall be prorated to the date of regular assignment for such special duty or duties and paid accordingly. Individuals hired prior to January 1, 2001, and performing any of the following Special Operations Team Specialties, shall be paid for each such specialty. Any individuals hired after January 1, 2001, and performing any of the Special Operation Team Specialties shall be limited to one (1) specialty over and above any medical specialty identified in (a) of this Section. This limitation shall not prohibit any Team Leader from receiving the designated Special Operation Team Specialty pay, as well as the pay for being a Team Leader for that specialty. The following Special Operation Team Specialty Pays are established: Special Operation Teams: 2009 Hazardous Materials Response Team Member $1,200 Swiftwater Rescue Team: Swiftwater Scuba Diver $1,200 Swiftwater Specialist .$ 600 Switwater Technician $ 500 Tactical Rescue Team Member $1,200 Team Leader for each of the above - listed Special Operation Teams $ 400 2009 South Bend Fire Department Salary Ordinance - Page 4 (c). Payment of Specialty Pays: All Specialty Pays shall be paid on a bi- weekly basis expect the following which shall be paid as indicated below: First Responder On or before December 15th of each calendar year EMT On or before December 15th of each calendar year AEMT On or before December 15th of each calendar year AEMTI On or before December 15th of each calendar, year Reserve Paramedic On or before December 15th of each calendar year Special Operations Team Member On or before December 15th of each calendar year Team Leader One -half (1/2) of or before June 15th and the remaining One (1/2) on or before December 15th of each calendar year Section IV. Recall of Duty Pay and Emergency Duty Pay: (a). In the event that a sworn member of the South Bend Fire Department is recalled for duty, and he or she reports for duty, he or she shall be paid at the rate of one and one -half (1 t /2) times the sworn member's hourly rate of pay and shall be guaranteed a minimum of two (2) hours of work with pay. Any additional fraction of an hour over thirty (30) minutes shall constitute one (1) hour for purposes of this paragraph. (b). A sworn member of the South Bend Fire Department who works emergency duty shall be paid at the rate of one and one -half (1 '/2) times the sworn member's hourly rate and shall be guaranteed a minimum of four (4) hours of work or pay. (c). In the event a sworn member of the South Bend Fire Department is called to work emergency duty for extra -alarm fires or disasters, seniority provisions will not apply. Recall will be in accordance with procedures outlined in the official orders governing the dispatching of South Bend Fire Department units for extra -alarm fires or disasters. In any emergency where personnel with specialized skills are needed, seniority or procedural terms described in the 2005 -2008 Collective Bargaining Agreement governing extra -duty or recall are not applicable. The Fire Chief or his or her authorized designee. may specify which off -duty personnel with specialized skills, including but not limited to sworn members of the South Bend Fire Department's Hazardous Materials Response Team, Swiftwater Rescue Team, Tactical Rescue Team, or with needed medical specialties. Section V. Working Out of Classification Pays. (a). If a sworn member of the South Bend Fire Department is temporarily assigned as a Battalion Chief, Captain, Paramedic, Lieutenant/Paramedic, or Pump Engineer, that sworn member shall be paid while so performing such duties at the rate of pay for that position, provided that the duty assignment is for a minimum of four (4) consecutive hours as verified by a Working Out of Classification form, as verified by the officer of the rig or the Battalion Chief. (b). If an AEMT is assigned to an ambulance, then that AEMT shall be paid while he or she is performing such duties at fifty percent (50 %) of the rate of special pay for paramedics. 2009 South Bend Fire Department Salary Ordinance - Page 5 (c). If an AEMTI is assigned to an ambulance, then that AEMTI shall be paid while performing such duties at seventy -five percent (75 %) of the listed rate of special pay for paramedics. Section VI. Longevity Pay: (a). The Common Council hereby establishes a longevity program for qualifying members of the South Bend Fire Department. (b) Qualifying sworn members of the South Bend Fire Department holding the rank of Engineer and above, who are employed by the South Bend Fire Department as of January 1, 2009 through the last pay period in December 2009, shall receive additional compensation in recognition of the cumulative service on the South Bend Fire Department. (SBFD). Such longevity pay shall be paid in a lump sum in the last payroll period in December 2009 and shall be attributed to the annual salary base for pension purposes. Longevity pay shall be paid as follows: Cumulative Years on SBFD Commencement Date Amount 5 to 9 years Beginning the 6th year $200 10 to 14 years Beginning the 11th year $350 15 to 16 Beginning the 16th year $450 20 years and above Beginning the 21St year $575 (c) In the event that the City of South Bend secures additional funds through the enactment of a County Option Income Tax (COIT) and the Public Safety Tax passed by the COIT .Councils, longevity pay for qualifying sworn members of the South Bend Fire Department holding the rank of Engineer and above, who are employed by the South Bend Fire Department as of January 1, 2009 through the last pay period in December 2009, shall receive additional compensation in recognition of the cumulative service on the South Bend Fire Department. (SBFD). Such longevity pay shall be paid in a lump sum in the last payroll period in December 2009 and shall be attributed to the annual salary base for pension purposes. Longevity pay shall, instead, be paid as follows: Cumulative Years on SBFD 5 to 9 years 10 to 14 years 15 to 16 20 years and above Section VII. Station Allowance. Commencement Date Amount Beginning the 6th year $250 Beginning the 11th year $500 Beginning the 16th year $1,000 Beginning the 21St year $1,500 The South Bend Common Council shall budget in an account for each assigned twenty -four hour sworn member of the South Bend Fire Department an allotment of fifty dollars ($50.00) to each fire station where housekeeping duties (spring cleaning and regular maintenance) are performed. Needed station purchases shall be approved by a majority vote of the assigned sworn members at each approved fire station and submitted by each House Captain for review, approval and purchase by the 2009 South Bend Fire Department Salary Ordinance - Page 6 Fire Chief and the City Controller. Such monies may not be carried over for year to year and must be used by December 31St of each year. Section VIII. Clothing/Uniform Allowance. (a). Clothing/Uniform Allowance shall be $795.00 in calendar year 2009. Clothing/Uniform Allowance shall be paid in four (4) equal payments payable on or about March 15th, June 15th, September 15th and December 15th of each calendar year. (b). Clothing/Uniform Allowance shall be pro -rated to the date of termination of employment for all qualifying sworn members of the South Bend Fire Department. Clothing/Uniform Allowance shall not be paid during an individual's first year of employment with the department as a Firefighter or Firefighter Recruit. Clothing/Uniform Allowance shall be pro -rated from a sworn member's first anniversary date until the end of that calendar year. Section IX. Other Monetary Benefits. (a). Safety Officers: The regularly assigned Safety Officers shall receive, in addition to his or her base salary, the sum of $3,000 in each of the calendar year 2009. (b). 8 -Hour Incentive Pay: An 8 -hour Incentive Pay shall continue to be paid to those individuals regularly assigned to work a forty (40) hour work -week [not to include temporary duty assignments (TDY)]. The sum of $1,154 shall be paid to such qualifying individuals in each of the calendar year 2009. (c). Inspector/Instructor Pay: Those Engineers who are qualified and regularly assigned [not to include temporary duty assignments (TDY)] as an Inspector/Instructor, shall be provided with duty shirts and a badge, and shall be paid at the non -rank specialty pay as an Inspector or Instructor. (d). Shift Instructor Pay: Shift Instructors who are qualified and selected to teach on -duty in- house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR, and other authorized departmental instruction, shall be paid at the rate of ten dollars ($10.00) per hour up to a maximum of $1,500, with any teaching thereafter requiring the approval of the Fire Chief. Full -time instructors and company training instructors shall be ineligible for any pay under this paragraph. (e). Pay for Other Instructors: Other instructors who are qualified and selected to teach specified on -duty in -house instruction programs for rookie schools, driving, confined space rescue, rope techniques, water safety, watercraft techniques, CPR and other authorized departmental instruction, may be paid at the rate of ten dollars ($10.00) per hour, upon the approval of the Fire Chief. Said hourly rate shall be paid over and above the qualifying individual's salary classification and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. Full -time instructors and company training instructors shall be ineligible for any pay under this paragraph. 2009 South Bend Fire Department Salary Ordinance - Page 7 (f). Pay for Certified SCBA Repair Specialists: Those sworn members of the South Bend Fire Department who are qualified, certified and regularly assigned by the Fire Chief to perform self - contained breathing apparatus (SCBA) repairs, shall be paid at the rate of ten dollars ($10.00) per hour up to a maximum of $1,000 in any one calendar year. Any self - contained breathing apparatus repairs to be performed which exceed this maximum amount in any calendar year must be approved by the Fire Chief. Said hourly rate shall be paid over and above the sworn member's salary classification amount and shall be paid in a manner consistent with applicable regulations of the State Board of Accounts. (g). Critical Duty Day Stipend: The maximum Critical Duty Day Stipend for calendar year 2009 shall be two hundred four dollars ($204.00), which may be pro -rated for time actually worked at the rate of eight dollars fifty cents ($8.50). As an alternative, each sworn member of the South Bend Fire Department who is eligible for a Critical Duty Day stipend shall have the option of receiving one hundred two dollars ($102.00), plus a credit of a total of twelve (12) hours of compensatory time in the City's Compensatory Time Account, if the maximum hours under the compensatory time policy have not been reached. A decision as to which option under this paragraph is to be utilized must be made by the deadline for submitting payroll following the Critical Duty Day worked. Those sworn members who actually work overtime on a designated Critical Duty Day shall be entitled to the hourly Critical Duty Day Stipend on a pro -rated basis for hours worked. (h). Deferred Compensation: The City of South Bend, agrees to continue to maintain the Deferred Compensation Program which became effective on January 1, 1997 for the South Bend Fire Department. This program provides that for the first one hundred dollars ($100.00) deferred by a sworn member of the South Bend Fire Department each calendar year, the City of South Bend will match said amount $0.50 on the dollar, and for the next three hundred dollars ($300.00) deferred by a sworn member of the South Bend Fire Department each calendar year, the City of South Bend will match said amount, dollar for dollar. (i). Life Insurance: The City of South Bend shall continue to provide life insurance coverage on all members of the South Bend Fire Department in an amount of not less than twenty thousand dollars ($20,000). 0). Health Insurance: Each sworn member of the South Bend Fire Department who has met the eligibility requirements shall have the opportunity to participate in the City's comprehensive major medical insurance program. The contribution of such individuals shall be no greater than the contribution of other City employees receiving the same benefits, and the level of benefits shall be no less than the level for other City employees. The monthly contribution for health insurance coverage for active sworn members of the South Bend Fire Department for calendar year 2009 shall be at the same rate as those in calendar year 2008. The monthly contribution for fire pensioners who are members of the South Bend Firefighters Association Local # 362, who retire after January 1, 1997, and who desire coverage from the City's self - funded insurance program for calendar year 2009 shall be at the same rate as those in calendar year 2008. 2009 South Bend Fire Department Salary Ordinance - Page 8 Fire pensioners who are not members of South Bend Firefighters Association Local # 362 shall pay an additional fifty dollars ($50.00) per month over and such rates, subject to the obligations of Local #362 as set forth in the 2005 -2008 Collective Bargaining Agreement currently in effect between the City of South Bend and Local # 362 to not unreasonably withhold membership, with said agreement remaining in effect for the 2009 calendar year, except as may be otherwise agreed by a Letter of Understanding. (k). Individual Flexible Spending Account: The City of South Bend shall continue to contribute five hundred dollars ($500.00) to each sworn member's individual flexible spending account in 2006, 2007 and 2008, so long as such individual was employed as of October 1st of the previous calendar year. Section X. Education Tuition Reimbursement Program: (a). The South Bend Common Council agrees to continue the Education Tuition Reimbursement Program for the 2009 calendar year and budget monies for such program at an amount of fifty percent (50 %) of the 2008 budgeted amount. The Council notes that this program initially became effective in the South Bend Fire Department on January 1, 2005. Qualifying sworn members of the South Bend Fire Department participating in the Education Tuition Reimbursement Program shall be entitled to the following maximum dollar amounts for course tuition and other expenses directly related thereto: Course Grade Earned Maximum Amount Reimbursed by City A 100% of tuition costs and other expenses directed related to said costs up to a maximum of $1,250 B 100% of tuition costs and other expenses directed related to said costs up to a maximum of $ 900 (b). Education tuition reimbursement shall be on a "first come, first serve basis ", subject to the maximum dollar amount budgeted by the South Bend Common Council for said program in calendar year 2009. All Fire Department regulations governing such program must be complied with by qualifying sworn members of the South Bend Fire Department in order for an individual to be paid under this program. Section XI. Other Monetary Benefits Continued. The South Bend Common Council acknowledges that the 2005 -2008 Collective Bargaining Agreement entered into between the Board of Public Safety and the South Bend Firefighter's Association Local No. 362 includes several Articles which have monetary costs associated with them. The Council agrees to continue to budget for those expenses in 2009 so that such monetary benefits will not be diminished, unless otherwise agreed to in a proper Letter of Understanding. 2009 South Bend Fire Department Salary Ordinance - Page 9 Section XII. Severability. If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section XIII. Effective Date: This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Council Member Thomas LaFountain Personnel and Finance Chairperson City's Advisory Negotiating Team Council Member Ann Puzzello Health and Public Safety Vice- Chairperson City's Advisory Negotiating Team Council Member Karen L. White Health and Public Safety Chairperson City's Advisory Negotiating Team - Alternate Council Member Oliver Davis City's Advisory Negotiating Team Council Member Henry Davis, Jr. Health and Public Safety Committee Member City's Advisory Negotiating Team Member - Alternate .-1V 1J`:5 John Voorde, City Clerk 2009 South Bend Fire Department Salary Ordinance - Page 10 91xem1nkx1by me to Stephen J. Luecke, the Mayor of the City of South Bend, Indiana, on the day of September, 2008, at o'clock _. m. Janice Talboom, Deputy Clerk lxca aya&;anetd by me on the day of September, 2008, at o'clock _. m. Stephen J. Luecke Mayor of the City of South Bend, Indiana 1 st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED Filed in Clerk's Office EE 2009 JOHN VOORDE CITY CLEnK, S0. SEND, IN. City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2008 Mr. Timothy Rouse South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: An Ordinance Levying Taxes and Fixing the Rate of Taxation for the Purpose of Raising Revenue to Meet the Necessary Expenses of the Civil City of South Bend for the fiscal Year Ending December 31, 2009 An Ordinance Appropriating Monies for the Purpose of Defraying the. Expenses of Several Departments of the Civil City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend Appropriating Monies for the Purpose of Defraying the Expenses of the Designated Enterprise Funds of the City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing are three ordinances relative to the 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or continents regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, l M. Catherine Fanello City Controller File,' .i7 cz s:;S9b Off ice I- _ - 2111108 ORDINANCE NO. AN ORDINANCE LEVYING TAXES AND FIXING THE RATE OF TAXATION FOR THE PURPOSE OF RAISING REVENUE TO MEET THE NECESSARY EXPENSES OF THE CIVIL CITY OF SOUTH BEND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2009 STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to levy taxes and fix the rate of taxation for the purpose of raising revenue to meet the necessary expenses for 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. There shall be levied upon each One Hundred Dollars of Assessed Valuation of Taxable Property of the City of South Bend, Indiana, for the fiscal year 2008 to be collected in the year 2009 the following: For CORPORATION GENERAL FUND, the sum of $2.4000 on each one hundred dollars of Taxable Property. For PARK AND RECREATION- FUND, the sum of $0.4500 on each one hundred dollars of Taxable Property. For FIREFIGHTERS' PENSION FUND, the sum of $0.1000 on each one hundred dollars of Taxable Property. For POLICEMEN'S PENSION FUND, the sum of $0.0900 on each one hundred dollars of Taxable Property. For CUMULATIVE CAPITAL DEVELOPMENT FUND, the sum of $0.0650 on each one hundred dollars of Taxable Property. Total Civil City Rate $3.1050 For REDEVELOPMENT BOND (COLLEGE FOOTBALL HALL OF FAME), the sum of $0.0790 on each one hundred dollars of Taxable Property. Total Redevelopment Rate $0.0790 Section II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council` Attest: ' City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the . Day of , 2 , at o'clock _. M. Approved and signed by me on the o `clock M. 1 st READING 1 'W -6 � PUBLIC NEARING 3 rd READING NOT APPROVED: REFERRED PASSED Deputy City Clerk Day of ,2 ,at Mayor, City of South Bend, Indiana G:TY CU.— BD. s D, I 4L I 6'� 00, S-�_q City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2008 Mr. Timothy Rouse South Bend Common Council 4"' Floor, County -City Building South Bend, IN 46601 Re: An Ordinance Levying Taxes and Fixing the Rate of Taxation for the Purpose of Raising Revenue to Meet the Necessary Expenses of the Civil City of South Bend for the fiscal Year Ending December 31, 2009 An Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of Several Departments of the Civil City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend Appropriating Monies for the Purpose of Defraying the Expenses of the Designated Enterprise Funds of the City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing are three ordinances relative to the 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or comments regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, /f l A / M. Catherine Fanello City Controller Filed in CIOVI'9 CIca SEP - 3 2008 .:rjl*l 110ORDE ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF SEVERAL DEPARTMENTS OF THE CIVIL CITY OF SOUTH BEND, INDIANA FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT: It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of several departments of the Civil City of South Bend, Indiana for 2009. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of the Civil City Government, its various departments, funds, commissions, and institutions for the fiscal year ending December 31, 2009, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart out of the funds hereinafter named, and for the purposes hereinafter specified, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by the laws. SECTION II. For the fiscal year ending December 31, 2009, there is hereby appropriated out of the General Fund and from Funds other than the General Fund, of said City to wit: Park and Recreation Fund Park Recreation Non - Reverting Fund East Race Waterway Motor Vehicle Highway Fund Community and Economic Development Fund Human Rights - Federal Fund Local Roads and Streets Fund Liability Insurance & Premium Reserve Fund Self- Funded Employee Benefit Fund Central Services Fund Redevelopment Bond Fund (College Football Hall of Fame) Professional Sports Development Fund County Option Income Tax Fund Cumulative Capital Development Fund Cumulative Capital Improvement Fund County Economic Development Income Tax Fund E.M.S. Capital Improvement Fund River Rescue Fund Hazmat Fund Morris Performing Arts Center Capital Coveleski Stadium Capital Park Department Non-Reverting Capital Fund Fire Pension Fund Police Pension Fund SECTION 111. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. IT \ I VL13"� / Member of the Common Council Attest: a, o�i City Clerk Presented by me to the Mayor of the City of South Bend, Indima on the Day of 2_, at - o'clock M. Deputy City Clerk Approved and signed by me on the Day of o'clock m. 1 st READING I _�_ 0s, PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 2 . at Mayor, City of South Bend, Indiana Filed In office [:3 : 2K SEP - 6i 0IjN VOORDE CITY CLERK, so. BEND, IM Pb'ACE 1865 City of South Bend Stephen J. Luecke, Mayor DEPARTMENT OF ADMINISTRATION & FINANCE M. Catherine Fanello City Controller September 3, 2008 Mr. Timothy Rouse South Bend Common Council 4`h Floor, County -City Building South Bend, IN 46601 Re: An Ordinance Levying Taxes and Fixing the Rate of Taxation for the Purpose of Raising Revenue to Meet the Necessary Expenses of the Civil City of South Bend for the fiscal Year Ending December 31, 2009 An Ordinance Appropriating Monies for the Purpose of Defraying the Expenses of Several Departments of the Civil City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including all Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect An Ordinance of the Common Council of the City of South Bend Appropriating Monies for the Purpose of Defraying the Expenses of the Designated Enterprise Funds of the City of South Bend, Indiana, for the Fiscal Year Beginning January 1, 2009, and Ending December 31, 2009, Including All Outstanding Claims and Obligations, and Fixing a Time When the Same Shall Take Effect Dear Mr. Rouse: Attached for filing are three ordinances relative to the 2009 budget for the City of South Bend. Two of the ordinances are necessary to appropriate monies to defray expenses of several City departments and designated funds, and the third is necessary in order to levy taxes and fix the rate of taxation for the purpose of raising revenue. If you have any questions or continents regarding these ordinances, please feel free to call me. Your favorable consideration is respectfully requested. Sincerely, M. Catherine Fanello City Controller H-.,, tr, Clerk'`' Office . ..J L P - 3 2008 Of ?N SQ R CITY CLERK, EIS «J, IN* ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE DESIGNATED ENTERPRISE FUNDS OF THE CITY OF SOUTH BEND, INDIANA, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, AND FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT STATEMENT OF PURPOSE AND INTENT It is necessary to pass this Ordinance in order to appropriate monies to defray the expenses of designated Enterprise Funds of the City of South Bend, Indiana for 2009. NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. For the expenses of designated Enterprise Funds of the City of South Bend, Indiana, its various departments, funds, commissions and institutions for the fiscal year ending December 31, 2009, the following sums of money, as set forth in the attached budget which is made a part hereof, are hereby appropriated and ordered set apart within the funds hereinafter named in Section II, and for the purposes hereinafter specified in Section II, subject to the laws governing the same. The sums herein appropriated shall be deemed to include all expenditures authorized to be made in said year, unless otherwise expressly stipulated or provided by law. SECTION 11. For the fiscal year ending December 31, 2009, the above appropriations are made within the following funds of the City: Consolidated Building Fund Parking Garage Fund Solid Waste Fund Solid Waste Depreciation Fund Water Works General Operations Fund Water Works Sinking Fund Water Repair Insurance Fund Sewage Repair Fund/Insurance Fund Sewage Works General Operations Fund Sewage Works Depreciation Fund Sewage Works Sinking Fund Project Releaf Fund Century Center Fund . SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the'Common Coun6il Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the - Day of 1 2—, at — o'clock . M. Approved and signed by me on the o 'clock m. Isf RrADIRG PUBLIC HEARIHO 3 rd READING NOT APPROVED. REFERRED PASSED Deputy City Clerk Day of — ,2 , at Mayor, City of South Bend, Indiana F 1, lc;d! in 0 1 et Ok's Office S E P - 3 2008 JOHN VOORDE CITY CLERK, SO. SEND, IN.