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HomeMy WebLinkAbout02-10-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 10, 20 1. INVOCATION - CHAPLAIN DAVE PORTERFIELD 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB- COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 14 -10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE FIRST TWO WEEKS IN FEBRUARY 2014 AS NATIONAL SCHOOL COUNSELING WEEKS IN SOUTH BEND, INDIANA WITH THIS YEAR'S THEME BEING SCHOOL COUNSELING: BUILDING MAGICAL FUTURES A. MAYOR'S ANNUAL ADDRESS TO THE CITY COUNCIL PURSUANT TO SECTION 2 -3.1 OF THE SOUTH BEND MUNICIPAL CODE 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: T1TT.T. TT() 69 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53. 70 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY REQUIREMENTS 01 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY 02 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY (BILL NO. 64 -13 IS BEING HEARD IN THE COUNCIL PORTION ONLY) 64 -13 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 8. BILLS, THIRD READING TIME: BILL NO. 69 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4- 53 70 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 8 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW SECTION 2 -116.1 CITY RESIDENCY REQUIREMENTS 01 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FOR CAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY 02 -14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY 64 -13 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 9. RESOLUTIONS BTI,T, Nn _ 14 -06 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502/1512 MICHIGAN STREET 14 -04 A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 14 -11 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 1240 WEST THOMAS STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A (6) SIX - YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES 14 -08 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ENDORSING THE "SPRING FORWARD" - A COMMUNITY BEAUTIFICATION INITIATIVE TO HELP DETER BLIGHT, VANDALISM AND THEFT OF VACANT AND ABANDONED BUILDINGS BY UTILIZATION CREATIVE AND ARTISTIC BOARDING 14 -09 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) 14 -12 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROUDLY ENDORSING THE SUBMITTAL OF SOUTH BEND CITY CEMETERY BEING NOMINATED TO BE PLACED ON THE NATIONAL REGISTER OF HISTORIC PLACES 14 -13 A JOINT RESOLUTION BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION JOINTLY OPPOSING LEGISLATION REDUCING OR ELIMINATING BUSINESS PERSONAL PROPERTY TAXES WITHIN THE STATE OF INDIANA 10. BILLS, FIRST READING BILL NO_ 04 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17, ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON 05 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT 06 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (NO. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES 07 -14 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services are Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. _J\ O0. N--�o RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DECLARING THE FIRST TWO WEEKS IN FEBRUARY 2014 AS NATIONAL SCHOOL COUNSELING WEEKS IN SOUTH BEND, INDIANA WITH THIS YEAR'S THEME BEING "SCHOOL COUNSELING: BUILDING MAGICAL FUTURES" (WAC� the South Bend Common Council recognizes that the American School Counselor Association (ASCA) sponsored the National School Counseling Week with that celebration taking place February 3 through February 7, 2014; and the Council further recognizes that the ASCA focused this year's celebration on the "unique contributions of professional school counselors" within schools across America and the "tremendous impact school counselor can have in helping students achieve school success" in preparation for productive and meaningful careers; and this year's theme is "School Counseling: Building Magical Futures" which provides the opportunity for all school counselors to demonstrate how they are truly the foundation to helping "construct healthy and happy school environments'; and the Common Council is proud to acknowledge how school counselors have the needed training, dedication, and abilities to actively engage students to examine their talents, interests and abilities while working in partnership with parents, teachers and other educators in helping each student maximize his or her individual potentials and foster personal growth; and W" currently there are more than 30,000 school counselors nationally which have been educated in comprehensive developmental school counseling programs. This background is helping each of them to be an integral part of the educational process, which enables students to have the opportunity to achieve success in school and become contributing membesr of our society. rq lelE�e (, �Bfe �mnnu �ruid6y�ofe ��i�f.!' end . asM nrJ6YaM. Section 1. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly thanks and commends all of the school counselors employed in our public and private school systems for positively engaging with our youth, their parents, and fellow educators in helping further and enhance the educational, personal and social growth of students and youth across our great nation. e Section 11. The South Bend Common Council hereby declares the first two (2) weeks of February, 2014, as National School Counseling Weeks in South Bend, Indiana, and sincerely thanks all school counselors for their many contributions aimed at the betterment our yo f�d especially thanks all school counselors working in the City of South Bend, Indiana, for their d icaF% artd service. Section III. This Resolution shall be in full force and effect fr q��a8at`�its adoption by the Council and approval by the Mayor. �1� y, / Tim Scott, ]"District ! - Car .(Pavis, Jr.,.2 Disf ct Valerie Schey, 3` District U Dr. Fred Ferlic, 4' District Dr. David Varner, 5' District —6 John Voor e, City Clerk /PlIvor J. Da�, 6"District Derek D. Dieter, At Large Gavin Ferlic, At Large K L . Whine.,, At�.arge, �Q J� Kathleen Cekansid Farrmd, Council Au'y afv —da�r. 20 /.G Pete Buttigieg, Mayor of South Bend Substitute Bill No. 69 -13 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE REQUIRING ELECTRONIC REPORTING OF TRANSACTIONS BY PRECIOUS METALS DEALERS REGULATED IN SECTION 4 -44, BY SCRAP METAL DEALERS, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS REGULATED BY SECTION 4 -51 AND BY SECONDHAND STORES REGULATED IN SECTION 4 -53 STATEMENT OF PURPOSE AND INTENT With the aid of the latest technology, there are much greater opportunities to track and recover stolen property. Online systems are now available where valuable personal property items such as cell phones; electronics, cameras, GPS units, construction equipment, tools, manhole covers, bronze cemetery vases, jewelry and other valuables can be identified accurately from a database and viewed by participating law enforcement agencies throughout the country. The City Administration and the South Bend Common Council believe that the proposed changes addressed in this ordinance which would require persons who own or operate businesses who deal with precious metals, scrap metal, junk, valuable metals, and secondhand stores to participate in electronic reporting of their transactions are in the best interests of the city. Such participation would enable the South Bend Police Department to have rapid electronic access to transactions from reporting businesses. By daily monitoring such information, possible criminal activity can be identified in a proactive manner. When stolen property is located, valuables may be returned to the victim of the crime by using such electronic reporting systems more quickly. The Common Council notes that the Fort Wayne Police Department has successfully used LeadsOnline since 2007. FWPD reports that by using LeadsOnline that "...police have recovered thousands of dollars in stolen property for Fort Wayne and surrounding residents... with information provided by LeadsOnline, police track down thieves, develop leads in numerous cases and make arrests." Similar success stories are reported by the New York City Police Department, the Dallas Police Department and the San Francisco Police Department just to name a few. The South Bend Police Department has recommended to the Common Council that LeadsOnline would be the best electronic reporting service available. The Council has found that "LeadsOnline is the nation's largest online investigative system used by more than 3,000 law enforcement agencies to recover stolen property and solve crimes. Each day, millions of items are added to the LeadsOnline database by businesses including second -hand stores, scrap metal recyclers, pawnshops, and Internet drop -off stores across all 50 states. Those records are instantly available to law enforcement agencies, meaning crimes can be solved in seconds, not months." LeadsOnline is compatible with the National Crime Information Center (NCIC) which is a computerized index of criminal justice information available 24/7 to federal, state and local law enforcement agencies. It is an official eBay partner and helps prevent illegal transactions on the eBay website by giving law enforcement access to their transactions. For all of these reasons, LeadsOnline is the preferred provider and is so referenced to provide the services which are in the best interests of the City of South Bend. The South Bend Common Council believes it is important for the South Bend Police Department and South Bend citizens to have available, in a timely manner for law enforcement purposes, data regarding items pawned, sold, purchased or exchanged at by businesses required to be licensed as precious metal dealers, as scrap metal dealers, junk dealers, valuable metal dealers, recycling operators, and as secondhand stores. Electronic Reporting Ordinance Page 2 466% s amm. &.W/of the City of South Bend, Indiana, as follows: Section I. Chapter 4, Article 4, Section 4 -44 addressing Precious Metal Dealers of the South Bend Municipal Code is amended by changing paragraphs (c) and (e) to read in their entirety as follows and by adding new paragraph (i) which shall read as follows: (c) Electronic Reporting to Police and Records Required; Contents.I (1) Every dealer shall maintain a physical precious metal report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any precious metal items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, and the manufacturer (where known), and the seller's driver's license number or the number or any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear digital photographs of the items being purchased and a clear, inked or digital impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what REM is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required in this section, and shall retain the physical precious metal report and information for three (3) years from the date of the last purchase recorded therein. The physical precious metal report and information can be stored, by the dealer, in either printed or digital form as long as a printed physical precious metal report is available to the police department upon request within the three (3) years from the date of the last purchase recorded therein. (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (e) Precious metals to be held before resale by dealer. All precious metals purchased by a dealer must be held for thirty (30) days in the. dealer's possession, before being resold, exchanged, melted or altered in any manner. All such precious metals must be held at the precious metal dealer's permanent ' LeadsOnline is the largest online investigative system used by law enforcement agencies to recover stolen property and solve crimes and is compatible with the National Crime Information Center (NCIC). Electronic Reporting Ordinance Page 3 place of business where the purchase occurred. other than the dealer's premises heensed under this , purehase. All goods required to be held under this Section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods.2 (i) It shall be unlawful for any precious metals dealer to take, purchase or receive any precious metals from any person who is under the age of eighteen (18) years. Section II. Chapter 4, Article 4, Section 4 -51 addressing Scrap Metal Dealers, Junk Dealers, Valuable Metal Dealers and Recycling Operations of the South Bend Municipal Code is amended by changing paragraph (k) to read as follows: (k) Electronic Report to Police and Records Required for Inspection and Holding Reguirements.for Scrap Metal and /or Valuable Metals; Ferrous and /or Nonferrous Metal.3 (1) Every dealer or operator shall maintain a physical sales report of scrap metal and/or valuable metals. Each dealer or operator shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any scrap metal and valuable metal items, unless exempted by this section. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of any scrap metal and/or valuable metals and include whether any is marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph with the dealer or operator being required to make a photocopy of the photographic identification presented at the time of transaction. Every dealer or operator is further required to record the motor vehicle license number of the vehicle or conveyance that delivered the valuable metal came, the address from where the valuable metal was located before being brought to the dealer or operator, and a photograph of the valuable metal being sold, as well as a photograph of the person from whom the valuable metal is being purchased. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the inked or digital fingerprint on the form. The inked s Indiana Code §244-19 sets forth the State of Indiana's regulations addressing "Precious Metal Dealers" which took effect on January 1, 2014. local regulations are supplemental to the state law provisions. ' Indiana Code §25 -37.5 sets forth the State of Indiana's regulations addressing "Dealers in Valuable Metals" which includes provisions updated by the passage of Public Law 224 - 2013.. Local regulations are supplemental to the state law provisions. Electronic Reporting Ordinance Page 4 or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) Any dealer or operator who is required to be licensed under this section and who has a record with the City of having violated any of the provisions of this section within the past calendar year, shall be required to place a hold on all ferrous and /or nonferrous metal purchased for a minimum period of ene (1) five 5 business days after notification to the local law enforcement agency required by subsection above, with any additional holding period required for enforcement and investigative purposes being determined on a case by case basis by the South Bend Police Department. The license issued under this section shall specify the amount of time the items are to be held. (3) The dealer or operator shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical sales report and information for three (3) years from the date of the last purchase recorded therein. (4) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. Section III. Chapter 4, Article 4, Section 4 -53 addressing Secondhand Stores of the South Bend Municipal Code is amended by changing paragraphs (d), (e) (f) to read in their entirety as follows; and by deleting paragraph (g) in its entirety and re- lettering the paragraphs affected by this deletion: (d) License fee. The applicant for a second hand store license shall pay an annual fee of one hundred fifteen dollars to the Controller, upon approval of the Board and Police Department and issuance of the license. (e) Electronic Report to Police and Records Required; Contents. (1) Every dealer shall maintain a physical secondhand sales report. Each dealer shall keep and preserve data on or through an electronic or computer data system database on a daily basis for the preceding 24 -hour period of all purchases of any secondhand items. Such information shall be sent via electronic forms of transmission to the South Bend Police Department using the Records Management System being used by the South Bend Police Department for the preceding 24 -hour period on a daily basis. The data shall include the time of purchase of any article of firearm, electronic items, appliances, equipment, tools or other item originally marked with a serial number or marked with an owner's engraving or mark. The reports must contain the seller's full legal name, physical address, date of birth, gender, race, height and weight, as well as the price paid for each item, the purchase date and time, a description of each article purchased, including identifying marks, engravings, the manufacturer of the item, model number of the item, the serial number of the item, and the seller's driver's license number or the number of any other identification issued by a governmental authority bearing the seller's photograph. The form shall also bear a digital photograph of the items bring purchased and a clear, inked, or digital, impression of the seller's right thumb print and the same transaction number as recorded in the dealer's record book as required by paragraph (2) below. If the right thumb is missing any of the customers' fingerprints may be used with an identification of what finger is used in the right thumb's absence written adjacent to the Electronic Reporting Ordinance Page 5 inked or digital fingerprint on the form. The inked or digital fingerprint shall be made in a manner readable by the Police Department and shall not be blurred or obliterated. (2) The dealer shall also record the seller's physical description and a description of the property purchased, as required by this section, and shall retain the physical secondhand sales report and information for three (3) years from the date of the last purchase recorded therein. The Physical precious metal report and information can be stored by the dealer, in either Printed or digital form as long as a printed physical precious metal report is available to the police department upon request within the three t3) Years from the date of the last purchase recorded therein (3) Any records required to be kept or maintained under this section shall be available at all times for inspection by the Police Chief or person duly authorized by him or her to inspect the records. (f) Secondhand Purchased Items to be Held Before Resale by Dealer. All secondhand purchased items, purchased by a dealer, must be held for fifteen (15) days in the dealer's possession, before being resold, exchanged, or altered in any manner. All such secondhand purchased items must be held at the secondhand dealer's permanent place of business where the purchase occurred. if the ms, purehased are held-of stored at a. lReatiefl. Other thffll the dealer's premises licensed tinder- thi,; seetion, the loeatien of these goods and the holder's identifleatien must be filed with the poliep, twenty feur (24) hours farm the time of purehase —All goods required to be held under this section shall be available at all times for inspection by the Police Chief or a person duly authorized by the Police Chief to inspect the goods.4 Section IV. If any section, subsection, sentence clause or phrase of this Article is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, legal publicatio . Council Member Karen L. White Council Member at Large of the Common Council "P John Voorde, City Clerk Council Member Tim Scott 1 s` District Council Member of the Common Council " Indiana Code § 24 -4 -14 sets forth the State of Indiana's regulations addressing "Used Jewelry Sales" which was updated by Public Law 222 -2013 effective January 1, 2014. Local regulations are supplemental to the state law provisions. Electronic Reporting Ordinance Page 6 616w&dby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the _ day of 2014, at o'clock . m. 74 READIRC PUBLIC HEARING 9 rd READING NOT APPROVEC REFERRED PASSED Janice Talboom, Deputy Clerk day of Pete Buttigieg Mayor City of South Bend, Indiana 2014 at o'clock .m. Filed in C;, a Office LE iV ? 4 2019 Y :.. •.:? I~ ."SEND, IN Spi Ti7:g City of South Bend Common Council 1865 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis January 23, 2014 President (574) 235 -9321 Fax (574) 235 -9173 http: / /ww .southbendin.gov Oliver J. Davis As noted in our November 19, 2013 cover letter and in the proposed ordinance those Sixth District p p , communities which have gone to electronic reporting requirements have experienced Derek D. Dieter more rapid results in recovering stolen property. The Fort Wayne Police Department has At Large used LeadsOnline s?r. ;e 7007. It has resulted in thousands of dollars in stolen property being recovered; ,nd r tc. 'shutting down s prolific burglary ring" as reported in FWPD Gavin Ferlic media releases. At Large Detective Kelly " alt:; of the South bear:` !'elite Department and the Council A orney Karen e White will resent the ; :_ at < _; ' Monday' At Large p 4 %�'.� .ind Public Safety Committee and >.lso at the 7:00 p.m. Cor .:i' t t: >ei;iig. W:: . our support of this public safety initiative so that the Police Dcpariim­ has in. i. r, o,cemen mechanisms to deter trine and hopefully prevent OIL& 7 ::nsactiom., i f.- Council M mber 1.ar ",ite ica Member Tim Scott Council Member at L. . e District Council Member Attachment Members of the Common Council Derek D. Dieter 4n' Floor County -City Building Vice - President South Bend, Indiana 46601 Valerie Schey Chairperson, Committee Re: Substitute Bill No. 69 -13 Electronic Reporting Requirements for Precious of the Whole Metal Dealers, Scrap Metal Dealers, Valuable Metal Dealers, and Secondhand Stores Tim Scott First District Dear Council Me+ : ,-!in :r; :. Henry Davis, Jr. Second District At the December >, 2 iL1 Meeting of the Health and Public Safety Committee m•:,eting, Bill No. 69 -13 received a favorable recommendation subject to several requested Valerie Schey changes. Third District We are filing Substitute ^ill No. 69 -13 lvjc :'d corrects various scrivener's errors and Fred Ferlic which clarifies procedures. Each oi me changes has been bolded and underlined with the Fourth District changes appear or p<: (Is ' through + on the attachment. Additionally, it brings the David Varner ordinance is compliance v : , the val 1.:us rovisions of P.L. 222 -2013 and P.L. 224 -2013 passed by the Indiana General Assen.oly which became effective on January 1, 2014. Fifth District Those state provisions have been listed in the footnote references in the Substitute Bill. Oliver J. Davis As noted in our November 19, 2013 cover letter and in the proposed ordinance those Sixth District p p , communities which have gone to electronic reporting requirements have experienced Derek D. Dieter more rapid results in recovering stolen property. The Fort Wayne Police Department has At Large used LeadsOnline s?r. ;e 7007. It has resulted in thousands of dollars in stolen property being recovered; ,nd r tc. 'shutting down s prolific burglary ring" as reported in FWPD Gavin Ferlic media releases. At Large Detective Kelly " alt:; of the South bear:` !'elite Department and the Council A orney Karen e White will resent the ; :_ at < _; ' Monday' At Large p 4 %�'.� .ind Public Safety Committee and >.lso at the 7:00 p.m. Cor .:i' t t: >ei;iig. W:: . our support of this public safety initiative so that the Police Dcpariim­ has in. i. r, o,cemen mechanisms to deter trine and hopefully prevent OIL& 7 ::nsactiom., i f.- Council M mber 1.ar ",ite ica Member Tim Scott Council Member at L. . e District Council Member Attachment Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 E �� � �c_) � ° —'_3 February 5, 2014 Members of the Common Council 4`h Floor County -City Building South Bend, Indiana 46601 Re: Bill No. 70 -13 proposed City Residency Requirements Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Bill No. 70 -13, which would amend the South Bend Municipal Code by including new Section 2 -116.1 City Residency Requirements, is scheduled to be heard at next Monday's Common Council meeting. The Bill was originally filed on November 25, 2013, and has not had a detailed public hearing by the Personnel and Finance Committee.. As you are aware, all of the agenda items that were to be heard at the January 27th meeting are now being heard at the February 10`h meeting, in light of the January meeting being cancelled due to the inclement weather. I do not believe that there will be sufficient time next Monday, for the Personnel and Finance Committee to complete their due diligence. Additionally, with the new Director of Human Resources just starting this week, I would like the opportunity to discuss this Bill with her. I am therefore, requesting that Bill No. 70 -13 be continued. Thank you. Most sincerely, Henry Davis, Jr. Second District Council Member South Bend Common Council Filed in Clerk's O f c., FEB - 5 2014 i CITY CLERK, sour" SEND, IN 11 )& m 00,0(-ti ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING THE FIXED SUM OF $150,000.00 PLUS UP TO AN ADDITIONAL $125,000.00 FROM ECONOMIC DEVELOPMENT INCOME TAX (EDIT) FUND #408 FORCAPITAL OBLIGATIONS PURSUANT TO AGREEMENT WITH THE POTAWATOMI ZOOLOGICAL SOCIETY STATEMENT OF PURPOSE AND INTENT The City of South Bend through its Board of Park Commissioners entered into a Lease and Management Agreement (the Agreement) with the Potawatomi Zoological Society (PZS), effective January 1, 2014, by which the City granted to PZS all rights to manage and operate the Potawatomi Zoo for a period of five years. Among the obligations of the City of South Bend pursuant to the Agreement at Section 6.4 is to pay to PZS in calendar year 2014 the fixed, initial sum of One Hundred Fifty Thousand Dollars ($150,000) for capital improvements to the Potawatomi Zoo Premises. Additionally, at Section 6.5 of the Agreement, the City has agreed to share with PZS the cost to resurface and/or strip the existing parking lot and create an additional parking area in 2014 for the benefit of Zoo visitors as well as Potawatomi Park visitors. The net City share of the cost is Seventy Five Thousand Dollars ($75,000. Because the City's financial obligation to the PZS under the Agreement was unknown when the City's 2014 Budget was approved, it is necessary at this time to appropriate the necessary capital funds for payment to PZS, and for parking lot improvement costs in 2014 per the terms of the Agreement. This ordinance accomplishes that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The sum of One Hundred Fifty Thousand Dollars ($150,000) be and hereby is appropriated from and set aside within Economic Development Income Tax (EDIT) Fund 4408 for the purpose of payment to the Potawatomi Zoological Society (PZS) in calendar year 2014 for capital improvements to the Potawatomi Zoo premises pursuant to the terms and obligations of the Board of Park Commissioners' Lease and Management Agreement (the Agreement) with PZS. SECTION H. The additional sum of up to One Hundred Twenty Five Thousand Dollars ($125,000) be and hereby is appropriated from and set aside within Economic Development Income Tax (EDIT) Fund #408 for the purpose of improvements to and new surface of the parking lot in Potawatomi Park pursuant to the terms of the Agreement with PZS. The City shall pay all costs and expenses to complete the parking lot improvements and then shall seek reimbursement from PZS for its share of costs not to exceed Fifty Thousand Dollars ($50,000). 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. i ,-T ou'.4 1 k' Member of the Common ouncil Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock M. City Clerk Approved and signed by me on the day of , 2014, at _o'clock m. REIAN G I -13 -I y 3 ra REAMNG NOT APPROVED REFERRED PASSED Mayor, City of South Bend .-pled 3`ZQ14 sr,:.� ! aooRDF_ CITY CL FE K, SOUTH MEND, IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERsoN BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE January 8, 2014 Mr. Oliver J. Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4d' Floor South Bend, Indiana 46601 RE: 2014 Potawatomi Zoo Appropriation Ordinance Dear President Davis, The City of South through its Board of Parks Commissioners entered into a Lease and Management Agreement with the Potawatomi Zoological Society (PZS) effective January 1, 2014. Among the requirements in the agreement is that the City has agreed to make a one -time initial capital contribution of $150,000 to the PZS. In addition, the City has agreed to make parking lot improvements in an amount not -to- exceed $125,000, with $50,000 reimbursed to the City by the PZS Mark Neal and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for I" reading on January 13, 2014 with 2 "d reading, public hearing and 3rd reading scheduled for January 27, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, M J H. Murphy City Controller CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Mark W. Neal Christal Brisco, Corporation Counsel Filed in Mark's Oftirr< Ji 1•: YOORDE CITY CI M I SOUTH ®END, INE I'll ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A NOT -TO- EXCEED SUM OF $900,000.00 WITHIN PARKS AND RECREATION GENERAL FUND #201, FROM PERSONNEL COSTS INTO OTHER PROFESSIONAL SERVICES, AND APPROPRIATING SAID MONIES, TO SATISFY CONTRACTUAL OBLIGATION TO THE POTAWATOMI ZOOLOGICAL SOCIETY STATEMENT OF PURPOSE AND INTENT The City of South Bend through its Board of Park Commissioners entered into a Lease and Management Agreement (the Agreement) with the Potawatomi Zoological Society (PZS), effective January 1, 2014, by which the City granted to PZS all rights to manage and operate the Potawatomi Zoo for a period of five years. Among the obligations of the City of South Bend pursuant to the Agreement is to pay to PZS in calendar year 2014 a total contribution of $900,000.00, payable in two equal installments, the first on January 15, 2014, and the second on June 1, 2014. The City is entitled to certain credits from its annual contribution which will reduce the payment due on June 1, 2014. The amount of the contribution due June 1, 2014 will be reduced by personnel costs paid to Loaned employees who remain on the City of South Bend payroll. Because the City's financial obligation to the PZS under the Agreement was unknown when the City's 2014 Budget was approved, it is necessary at this time to transfer a not -to- exceed sum of $900,000 in monies which were originally designated as Personnel Costs within Parks and Recreation Fund #201 to Other Professional Services within Fund #201 and appropriate them for payment to PZS per the terms of the Agreement. This ordinance accomplishes that purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION 1. The not -to- exceed sum of Nine Hundred Thousand Dollars ($900,000) be and hereby is transferred within Parks and Recreation Fund #201, from Personnel Costs to Other Professional Services, and it is further appropriated and set aside therein for purpose of payment to the Potawatomi Zoological Society (PZS) in calendar year 2014 pursuant to the terms and obligations of the Board of Park Commissioners' Lease and Management Agreement with PZS. 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. cic,- - � ( QL Member of the Common (jouncil Attest: r E1 and City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the —d-ay of , 2014, at o'clock m. City Clerk Approved and signed by me on the day of , 2014, at o'clock —m. si READNG I-13 -1 Y PUSLIC HEARING 3 rd READING NOT tPPPOVO REFERRED PASSED Mayor, City of South Bend ff- let, 'A a CITY CLFRr, SOUTH BEND, IN 120ON COUNTY -CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIANA 46601 -1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE January 8, 2014 Mr. Oliver J. Davis, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 46601 RE: 2014 Potawatomi Zoo Budget Transfer Ordinance Dear President Davis, The City of South through its Board of Parks Commissioners entered into a Lease and Management Agreement with the Potawatomi Zoological Society (PZS) effective January 1, 2014. Among the requirements in the agreement is that the City has agreed to make a contribution of $900,000 to the PZS during 2014, payable in two installments, the first on January 15, 2014 and the second on June 1, 2014. The contribution on June 1, 2014 will be reduced by personnel costs paid by the City for Loaned employees who have remained on the City payroll. The purpose of this ordinance is to transfer up to $900,000 in the Parks & Recreation Fund 201 budget from personnel costs to other professional services to pay for this 2014 annual contribution to the PZS. Mark Neal and I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for ls` reading on January 13, 2014 with 2 "d reading, public hearing and 3`d reading scheduled for January 27, 2014. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574- 235 -7678. Regards, Jan H. Murphy City Controller iled In Clerk's Oftlir., s { i { i , t CITY I,:LFRK, +0U;1' WEND, IN i _.. 10311.4 CC: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Mark W. Neal Christal Brisco, Corporation Counsel SSS, Substitute Bill #64 -13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING VARIOUS SECTIONS OF CHAPTER 17, ARTICLE 2, OF THE SOUTH BEND MUNICIPAL CODE TO ADJUST SEWER RATES AND CHARGES INCREMENTALLY THROUGH 2017 STATEMENT OF PURPOSE AND INTENT On June 28, 2010 South Bend enacted a sewer rate adjustment through Ordinance #10019 -10 which set rates for the years 2010 through 2013. At this time the 2013 rates in Ordinance #10019 -10 apply to South Bend's sewer utility customers. South Bend received a National Pollution Discharge Elimination Permit ( NPDES) in conjunction with a Long Term Control Plan (LTCP) required by the federal Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) to greatly reduce combined sewage overflow (CSO) events in the St. Joseph River in compliance with the Clean Water Act. The LTCP resulted from a negotiated consent decree to resolve a complaint by EPA and IDEM alleging that South Bend had violated sections of the federal Clean Water Act. South Bend's cost of complying with the LTCP and its NPDES Permit in protecting the St. Joseph River is substantial, and South Bend has prudently planned for this remediation through a 20 year environmental infrastructure improvement and replacement process. The cost of river protection through improvements to the sewage utility's infrastructure is financed through sewer rates; and South Bend's current rates are inadequate to cover total EPA mandated changes to the City's sewage treatment system, as recognized in Ordinance #10019 -10. Additionally, South Bend's basic costs of operation and maintenance of its sewer utility have increased despite innovative cost savings programs initiated by the City's Environmental Services Department. The sewer rates which have been in effect for the past four years were implemented on an incremental basis to correspond with projected near future increased costs of Clean Water Act remediation, and the expected increased costs of general operation and maintenance over a four year period. The additional income to the utility will pay for improvements to separate sewers, to reduce sewage overflows to basements, and to increase capacity of the Wastewater Treatment Plant. This incremental approach to maintaining a fiscally sound sewer utility capable of complying with South Bend's federal NPDES Permit should be continued for the next three years. The rates set forth in this ordinance remain highly competitive with those of similarly situated Indiana cities. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. Chapter 17, Article 2, Division 4, Section 17 -20 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -20. Rates established. Every person whose premises are served by said sewage works shall be charged for the service provided. These charges are established in order that the sewage works shall recover revenue which is proportional to its use of the treatment works in terms of volume and load. User charges are levied to defray the cost of operation and maintenance (including replacement) of the treatment works. User charges are subject to the rules and regulations adopted by the U.S. Environmental Protection Agency published in the Federal Register February 17, 1984 (40 C.F.R. 35.2140). Replacement costs, which are recovered through the system of user charges, shall be based upon the expected useful life of the sewage works equipment. Section II. Chapter 17, Article 2, Division 4, Section 17 -21 of the .South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -21. Sewage rates determination. (a) Generally. For the use of the service rendered by sewage works, rates and charges shall be collected from the owners of each and every lot, parcel or real estate or building that is connected with the City sanitary system or otherwise discharges sanitary sewage, industrial wastes, water or other liquids, either directly or indirectly, into the sanitary sewage system of the City of South Bend. Such rates and charges include user charges, debt service costs, excessive strength surcharges and other service charges, which rates and charges shall be payable as hereinafter provided. (b) Schedule of Rates and Charges (1) The sewage rates and charges shall be based on the quantity of water used on or in the property or premises subject to such rates and charges as the same is measured by the water meter there in use, plus a base charge based on the size of water meter installed, except as herein otherwise provided. For the purpose of billing and collecting the charges for sewage service, the water meters shall be read monthly and the users shall be billed each month (or period equaling a month). The water usage schedule on which the amount of said rates and charges shall be determined is as follows: Schedule of Rates and Charges Metered Rates 2848* 2444 24}2 2044 2014 2015 2016 (per 100 cubic feet) $1,88 $2.43 $223 $243 $2.55 2.68 $2.81 Base Monthly Charge 5/8 inch meter Q,.„ -9 24 77 22349 25-.82 122a $28.47 12212 3/4 inch meter $2657 �LN &A-9a 34:. 36.54 jar 40.29 1 inch meter 46-9 "447 454.59 59: 62.46 $65.5 9 68.87 11/2 inch meter $140.18 $147.18 $154.54 2 inch meter 5-8 4:62 249:9 2�. 239.05 $251.01 $263.56 3 inch meter 4813 43�.-0 q.7G. 3}g 545.70 $572.98 $601.63 4 inch meter 21-34 $77a.4S gq.7 -}- $9 969.54 $1,018. 02 1 068.92 6 inch meter $2,170.72 $2,279.25 $2,393.22 8 inch meter $3,867.79 $4,061.18 $4,264.24 10 inch meter 43.3 q -83636 5.2y3 4G8g $6,033.38 $6,335.05 $6,651.81 12 inch meter 63939 $6- 968.4 -t- 9357 g�3ry. $8,693.13 $9,127.78 $9,584.17 *Rateq eflestive july 1, 2010 Peeembff 3 1, 9010. Rates feF 2011, 2012 and 413 AFA f'9F A.-V PRIPHaRF yeam Unmetered Monthly Rate Per Single Family Dwelling 2010* 244 20Q 201-3 2014 2015 2016 Unit $33,04 $36:0 -1 $39.25 $42_78 44.92 JEa 49.52 (2) For the service rendered to the City of South Bend said City shall be subject to the same rates and charges established in harmony therewith. (3) In order to recover the cost of monitoring industrial wastes, the City shall charge the user not less than $100.00 per sampling event plus the actual cost for collecting and analyzing the sample(s) as determined by the City or by an independent laboratory. This charge will be reviewed on the same basis as all other rates and charges in this ordinance. (c) Former Wholesale Users. (1) Billing for sewage services to previously designated Class II wholesale users shall be in accordance with the executed intermunicipal contract for wastewater treatment services, but such contracts shall not be extended after their expiration dates due to elimination of the wholesale class of users. This shall not affect authority to enter special rate contracts as provided in Section 17 -29 of this Chapter. Section III. Chapter 17, Article 2, Division 4, Section 17 -23 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -23. Heavy demand surcharge. (a) In order that the rates and charges may be justly and equitably adjusted to the service rendered to users, the City shall base its charges not only on the volume, but also on strength and character of the stronger - than- normal domestic sewage and wastes which it is required to treat and dispose of The City shall require the user to determine the strength and content of all sewage and wastes discharged, either directly or indirectly into the sanitary sewage system, in such manner, by such method and at such times as the City may deem practicable in light of the conditions and attending circumstances of the case, in order to determine the proper charge. The user shall furnish a central sampling point available to the City at all times. (b) Normal sewage domestic waste strength should not exceed ammonia- nitrogen in excess of twenty -five (25) milligrams per liter of fluid, suspended solids in excess of two hundred fifty (250) milligrams per liter of fluid, biochemical oxygen demand in excess of two hundred fifty (250) milligrams per liter of fluid, or phosphorus in excess of ten (10) milligrams per liter of fluid. Additional charges for treating stronger- than- normal domestic waste shall be made on the following basis: Excess Streneth of Waste Surcharges 24w* 204 20}2 2043 2014 2015 2016 - Suspended Solids (Per Pound) $4.4 -5 $0:46 $0. ytltT 0.20 $0.21 $0.22 (Concentration Limit 250 mg/1) - Biochemical Oxygen Demand (Per $4 , 9 �� y.� .,., $n�< 0.26 0.28 0.29 9Ytf w si (Concentration Limit 250 mg/1) - Ammonia Nitrogen (Per Pound) $1-0f $}}0 ei n $1.34- $1.37 $1.44 $1.51 (Concentration Limit 25 mg/1) - Phosphorous (Per Pound) $1-7 -2 U.87 $104 $2.34 $2.46 2.58 (Concentration Limit 10 mg/1) . ....... ......... (c) The determination of suspended solids, biochemical oxygen demand, ammonia- nitrogen, phosphorus, ammonia and COD contained in the waste shall be in accordance with the latest copy of "Standard Methods for the Examination of Water and Wastewater," as written by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation, and in accordance with "Guidelines Establishing Test Procedures for Analysis of Pollutants," 40 C.F.R. Part 136. (d) If the City and the user can agree upon the relationship between BOD and COD, then COD may be used for calculating the BOD surcharge. Section IV. Chapter 17, Article 2, Division 4, Section 17 -25 of the South Bend Municipal Code be and hereby is amended to read as follows: Section 17 -25 Review of rate schedule. The sewage rates and charges set forth in the preceding section 17 -21 shall be revised and adjusted for calendar year 2017 to assure adequacy in the cost of maintaining the City sewer works in sound physical and financial condition necessary to render adequate and effective service. However, until such adjustment, the sewage rates and charges in the preceding Section 17 -21 shall remain in full force and effect. Discussions between the City Administration and the Common Council concerning sewer rates for 2017 and thereafter shall commence by June 2016. The Mayor and Common Council retain ultimate authority and responsibility for the operations and finances of the Municipal Utilities. Section V. This Ordinance shall be in full force and effect on March 1, 2014 after adoption by the Common Council and approval by the Mayor. b,j-, S Member, South Bend Commontouncil Attest: oPft tit is onry to p e. City Clerk Wy °uunca acb on pub rte@ ►A end Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2_, at o'clock . M. Approved and signed by me on the day of m. (o-N-0 R° 10�'vCi 3rd p,FD'ui�tG HOT A P ROVES FEFFMED PASSED City Clerk 2_, at _o'clock Mayor, City of South Bend, Indiana Filed l Wi aYfflcw CITY CLERo. , oCsVtH eEN D, IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS February 7, 2014 President Oliver Davis South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 In Re: Sewer Rates and Charges Dear President Davis; As a result of ongoing discussions between the Administration and Council, the attached substitute bill amends the original bill by reducing to 5% the rates over the next three years. I will make the formal presentation and am available if you have questions. Sincerely, Eric Horvath, PE Public Works Director CITY Lrrs;,Is; T oY:f c "Fi: E , 6Yi SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana RATE AND FINANCING REPORT February 10, 2014 :;�� Crowe Horvath® I SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana TABLE OF CONTENTS PURPOSE OF THE REPORT EXHIBIT A - Balance Sheets - Public Works Building Corporation Sewage Works Portion of Bonds Amortization Schedule - Estimated Combined Amortization Schedule - Sewage Works Revenue Bonds of 2006 Amortization Schedule Sewage Works Revenue Bonds of 2007 Amortization Schedule - Sewage Works Revenue Bonds of 2007 B Amortization Schedule - Sewage Works Revenue Bonds of 2009 SRF Loan Estimated Amortization Schedule - Sewage Works Revenue Bonds of 2010 Amortization Schedule - Sewage Works Revenue Bonds of 2011 Amortization Schedule - Sewage Works Revenue Bonds of 2012 Amortization Schedule . - Sewage Works Refunding Revenue Bonds of 2013 A Amortization Schedule - Statements of Income - Adjusted Statement of Income - Detail of Adjustments - Four -Year Capital Improvement Plan - Statement of Revenue Requirements - Calculation of Estimated Combined Maximum Annual Debt Service and Annual Extensions and Replacements SCHEDULE A -1 EXHIBIT B SCHEDULE B -1 SCHEDULE B -2 SCHEDULE B -3 SCHEDULE B -4 SCHEDULE B -5 SCHEDULE B -6 SCHEDULE B -7 SCHEDULE B -8 EXHIBIT B EXHIBIT C SCHEDULE C -1 EXHIBIT D EXHIBIT E SCHEDULE E -1 Paae 1 2 4 5 6 7 8 9 10 11 12 13 14 16 17 19 20 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana TABLE OF CONTENTS (Continued) Page EXHIBIT F - Schedule of Present and Proposed Rates and Charges 22 EXHIBIT G - Typical Monthly Bill Analysis 23 \ Crowe Horwath. Crowe Horwath LLP Independent Member Crwx Ho th h1ameticnsl 10 West Market street, Suite 2000 Indianapolis, Indiana 46204.2975 Tel 317.632.1100 Fax 317.635.6127 w .crowehorwath.00m SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana PURPOSE OF THE REPORT Crowe Horwath LLP ( "Crowe ") has performed a study and analysis of the operating and financial reports, budgets and other data pertaining to the City of South Bend Municipal Sewage Works ( "Utility'). The results of our analysis are contained in this Rate and Financing Report ( "Report"). The purpose of this Report is to estimate the Utility's cash flow and financial capacity to meet its on -going revenue requirements for operation and maintenance expenses, present and proposed debt service payments and to make capital improvements to the Utility's system. This Report is based on data for the twelve months ended December 31, 2012. The historical information used in this Report was taken from the books and records of the Utility. In the course of preparing this Report, we have not conducted an audit of any financial or supplemental data used in the accompanying Exhibits and Schedules. We have made certain projections that may vary from actual results because events and circumstances frequently do not occur as estimated and such variances may be material. We have no responsibility to update this Report for events and circumstances occurring after the date of this Report. If you have any questions regarding this Report, please call John Skomp at (317) 269- 6699 or Jennifer Wilson at (317) 269 - 6696. -1- SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Balance Sheets as of December 31, 2012, 2011 and 2010 ASSETS AND OTHER DEBITS Utility Plant Utility Plant in Service Less: Accumulated Depreciation Net Utility Plant in Service Add: Construction Work in Progress Net Utility Plant Restricted Assets Operating Reserve Fund Depreciation Fund Bond Sinking Fund Debt Service Reserve Fund Building Corporation Cash Reserve Construction Fund Total Restricted Assets Current and Accrued Assets Operating Fund Sewer Insurance Fund Accounts Receivable - Net Accounts Receivable - Associated Co. Interest Receivable Prepaid Expenses Materials and Supplies Total Current and Accrued Assets Deferred Debits Unamortized Bond Issuance Costs Loss on Refunding Total Deferred Debits Total Assets and Other Debits 2012 2011 EXHIBIT A 2010 $ 197,674,821 $ 174,945,661 $ 158,292,606 (68,152,548) (64,966,090) (60,624,645) 129,522,273 109,979,571 97,667,961 6,189,837 12,513,961 15,196,480 135,712,110 122,493, 532 112,864,441 3,092,304 8,863,109 836,045 9,710,817 75,763 33,637,964 56,216,002 4,432,299 1,160,017 2,138,352 39,131 10,667 1,004,132 12,729,678 220,482 7,744,070 75,198 24,237,652 46,011,212 865,973 293,495 1,899,690 39,915 12,789 2,750,653 243,346 673,108 5,600,254 75,051 11,374,468 20,716,880 8,382,550 641,685 1,983,588 42,591 5,053 16,117 153,438 136,444 156,073 7,933,904 3,248,306 11,227,657 1,470,942 1,046,425 888,221 19,193 21,567 23,942 1,490,135 1,067,992 912,163 $ 201,352,151 $ 172,821,042 $ 145,721,141 Note: A portion of the Debt Service Reserve was used to refund the State Revolving Fund Loan of 1998 and the Sewage Works Revenue Bonds of 2005 in April of 2013. -2- EXHIBIT A (Continued) SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Balance Sheets as of December 31, 2012, 2011 and 2010 2012 2011 2010 LIABILITIES AND OTHER CREDITS Equity Capital Retained Earnings 81,338,392 $ 73,025,762 $ 67,138,147 Current Year Earnings 6,438,748 8,292,580 5,887,612 Total Equity Capital 87,777,140 81,318,342 73,025,759 Long Term Debt 459,457 424,251 417,473 State Revolving Fund Loan 1998 9,445,000 • 10,865,000 12,442,993 Sewage Works Portion of Building 539,681 324,273 413,388 Corporation Bonds 601,470 660,510 717,705 Sewage Works Revenue Bonds of 2004 7,980,000 8,465,000 8,930,000 Sewage Works Revenue Bonds of 2006 6,425,000 6,745,000 7,050,000 Sewage Works Revenue Bonds of 2007 13,670,000 14,305,000 14,915,000 Sewage Works Revenue Bonds of 2007 B 13,615,000 14,240,000 14,845,000 Sewage Works Revenue Bonds of 2009 2,822,021 2,928,645 2,471,706 Sewage Works Revenue Bonds of 2010 8,630,000 8,980,000 9,345,000 Sewage Works Revenue Bonds of 2011 20,740,000 21,500,000 - Sewage Works Revenue Bonds of 2012 25,000,000 - - Equipment Lease 1,018,214 22,738 Total Long Term Debt 109,946,705 88,689,155 70,740,142 Current and Accrued Liabilities Accounts Payable 2,182,394 1,279,873 813,736 Accounts Payable - Construction 46,520 360,560 31,452 Accounts Payable to Associated Co. 93,347 85,944 67,329 Accrued Payroll 459,457 424,251 417,473 Interest Payable 306,907 338,644 211,862 Net Unamortized Bond Premium /Discount 539,681 324,273 413,388 Total Current and Accrued Liabilities 3,628,306 2,813,545 1,955,240 Total,Liabilities and Other Credits $201,352,151 $ 172,821,042 $145,721,141 Note: The State Revolving Fund Loan of 1998 and the Sewage Works Revenue Bonds of 2004 were refunded by the Sewage Works Refunding Revenue Bonds of 2013A in April of 2013. -3- SCHEDULE A -1 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Public Works Building Corporation Sewage Works Portion of Bonds Amortization Schedule Totals $ 601,470 $ 101,489 $ 702,959 Note: The Sewage Works portion of the Public Works Building Corporation Bonds is not parity to the 2006 Bonds, the 2007 Bonds, the 2007 B Bonds the 2009 Bonds, the 2010 Bonds, the 2011 Bonds, the 2012 Bonds, or the 2013 Bonds. Period Fiscal Date Principal Interest Total Total 2/1/13 $ 30,750 $ 10,749 $ 41,499 8/1113 31,365 9,980 41,345 $ 82,844 211114 31,980 9,196 41,176 8/1/14 32,595 8,716 41,311 82,487 2/1/15 33,210 8,227 41,437 8/1/15 33,825 7,729 41,554 82,991 2/1/16 34,440 7,222 41,662 8/1/16 34,440 6,705 41,145 82,807 2/1/17 35,055 6,188 41,243 8/1/17 35,670 5,619 41,289 82,532 2/1/18 36,285 5,039 41,324 8/1/18 36,900 4,404 41,304 82,628 2/1/19 37,515 3,805 41,320 8/1119 38,130 3,101 41,231 82,551 2/1/20 38,745 2,386 41,131 8/1/20 39,975 1,611 41,586 82,717 2/1/21 40,590 812 41,402 41,402 Totals $ 601,470 $ 101,489 $ 702,959 Note: The Sewage Works portion of the Public Works Building Corporation Bonds is not parity to the 2006 Bonds, the 2007 Bonds, the 2007 B Bonds the 2009 Bonds, the 2010 Bonds, the 2011 Bonds, the 2012 Bonds, or the 2013 Bonds. 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0000000000 0 O � y O S i N N N N N N N N N N N N N N N N N N N N N W Z 0: 0 'rj� SCHEDULE B -1 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2006 Amortization Schedule Period Fiscal Date Principal Coupon Interest Total Total 6/1/13 $ 141,236 $ 141,236 12/1/13 $ 335,000 3.875 % 141,236 476,236 $ 617,472 6/1114 134,746 134,746 12/1/14 350,000 4.000 134,746 484,746 619,492 6/1/15 127,746 127,746 12/1/15 365,000 4.000 127,746 492,746 620,492 6/1/16 120,446 120,446 12/1/16 380,000 4.200 120,446 500,446 620,892 6/1/17 112,466 112,466 12/1/17 400,000 4.250 112,466 512,466 624,932 6/1/18 103,966 103,966 12/1/18 420,000 4.250 103,966 523,966 627,932 6/1/19 95,041 95,041 12/1/19 440,000 4.500 95,041 535,041 630,082 6/1/20 85,141 85,141 12/1/20 460,000, 4.500 85,141 545,141 630,282 6/1/21 74,791 74,791 1211/21 480,000 4.500 74,791 554,791 629,582 6/1/22 63,991 63,991 12/1/22 505,000 4.500 63,991 568,991 632,982 6/1/23 52,628 52,628 12/1/23 525,000 4.500 52,628 577,628 630,256 6/1/24 40,816 40,816 12/1/24 555,000 4.625 40,816 595,816 636,632 611/25 27,981 27,981 12/1/25 580,000 4.625 27,981 607,981 635,962 611/26 14,569 14,569 1211/26 630,000 4.625 14,569 644,569 659,138 $ 6,425,000 $ 2,391,128 $ 8,816,128 SCHEDULE B -2 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2007 Amortization Schedule -7- Period Fiscal Date Principal Coupon Interest Total Total 6/1/13 $ 294,974 $ 294,974 12/1/13 $ 660,000 4.00 % 294,974 954,974 $1,249,948 6/1/14 281,774 281,774 12/1114 690,000 4.00 281,774 971,774 1,253,548 611/15 267,974 267,974 12/1/15 720,000 4.00 267,974 987,974 1,255,948 6/1/16 253,574 253,574 12/1/16 750,000 4.00 253,574 1,003,574 1,257,148 6/1117 238,574 238,574 12/1117 785,000 4.00 238,574 1,023,574 1,262,148 611/18 222,874 222,874 1211/18 815,000 4.10 222,874 1,037,874 1,260,748 6/1/19 206,166 206,166 12/1/19 855,000 4.25 206,166 1,061,166 1,267,332 6/1/20 187,998 187,998 12/1/20 890,000 4.30 187,998 1,077,998 1,265,996 6/1121 168,863 168,863 12/1121 935,000 4.50 168,863 1,103,863 1,272,726 6/1/22 147,825 147,825 1211/22 975,000 4.50 147,825 1,122,825 1,270,650 6/1/23 125,888 125,888 12/1123 1,020,000 4.50 125,888 1;145,888 1,271,776 6/1/24 102,938 102,938 12/1124 1,065,000 4.50 102,938 1,167,938 1,270,876 611/25 78,975 78,975 12/1/25 11115,000 4.50 78,975 1,193,975 1,272,950 6/1/26 53,888 53,888 12/1/26 1,170,000 4.50 53,888 1,223,888 1,277,776 6/1/27 27,563 27,563 12/1/27 1,225,000 4.50 27,563 1,252,563 1,280,126 Totals $13,670,000 $5,319,696 $18,989,696 -7- SCHEDULE B -3 M SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2007 B Amortization Schedule Period Fiscal Date Principal Coupon Interest Total Total 6/1/13 $ 288,871 $ 288,871 12/1/13 $ 655,000 4.000 % 288,871 943,871 $ 1,232,742 6/1/14 275,771 275,771 12/1114 680,000 4.000 275,771 955,771 1,231,542 6/1/15 262,171 262,171 12/1/15 710,000 4.000 262,171 972,171 1,234,342 6/1/16 247,971 247,971 12/1/16 740,000 4.000 247,971 987,971 1,235,942 6/1/17 233,171 233,171 12/1117 775,000 4.000 233,171 1,008,171 1,241,342 6/1/18 217,671 217,671 12/1118 810,000 4.000 217,671 1,027,671 1,245,342 6/1/19 201,471 201,471 12/1/19 845,000 4.000 201,471 1,046,471 1,247,942 6/1/20 184,571 184,571 1211120 885,000 4.125 184,571 1,069,571 1,254,142 6/1/21 166,318 166,318 12/1/21 930,000 4.250 166,318 1,096,318 1,262,636 6/1/22 146,555 146,555 12/1122 970,000 4.300 146,555 1,116,555 1,263,110 6/1/23 125,700 125,700 12/1/23 1,020;000 4.375 125,700 1,145,700 1,271,400 6/1/24 103,388 103,388 12/1/24 1,070,000 4.500 103,388 1,173,388 1,276,776 6/1/25 79,313 79,313 1211/25 1,120,000 4.500 79,313 1,199,313 1,278,626 6/1/26 54,113 54,113 12/1/26 1,175,000 4.500 54,113 1,229,113 1,283,226 6/1/27 27,675 27,675 12/1/27 1,230,000 4.500 27,675 1,257,675 1,285,350 Totals $ 13,615,000 $ 5,229,460 $ 18,844,460 M SCHEDULE B -4 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2009 State Revolving Fund (SRF) Loan Estimated Amortization Schedule IZ Period Fiscal Date Principal Coupon Interest Total Total 611113 $ 40,573 $ 40,573 1211/13 $ 145,425 2.81 % 40,573 185,998 $ 226,571 6/1114 38,530 38,530 1211114 149,511 2.81 38,530 188,041 226,571 6/1/15 36,429 36,429 12/1/15 153,712 2.81 36,429 190,141 226,570 611116 34,270 34,270 1211/16 158,032 2.81 34,270 192,302 226,572 6/1/17 32,049 32,049 12/1/17 162,472 2.81 32,049 194,521 226,570 6/1/18 29,766 29,766 12/1/18 167,038 2.81 29,766 196,804 226,570 6/1/19 27,420 27,420 12/1/19 171,732 2.81 27,420 199,152 226,572 6/1/20 25,007 25,007 12/1/20 176,557 2.81 25,007 201,564 226,571 6/1/21 22,526 22,526 12/1/21 181,519 2.81 22,526 204,045 226,571 611/22 19,976 19,976 12/1/22 186,619 2.81 19,976 206,595 226,571 6/1/23 17,354 17,354 12/1/23 191,863 2.81 17,354 209,217 226,571 6/1/24 14,658 14,658 12/1/24 197,255 2.81 14,658 211,913 226,571 6/1/25 11,887 11,887 12/1125 202,797 2.81 11,887 214,684 226,571 6/1/26 9,037 9,037 12/1/26 208,496 2.81 9,037 217,533 226,570 6/1/27 6,108 6,108 12/1/27 214,355 2.81 6,108 220,463 226,571 6/1/28 3,096 3,096 12/1128 220,378 2.81 3,096 223,474 226,570 Totals $ 2,887,761 $ 737,372 $ 3,625,133 IZ SCHEDULE B -5 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2010 Amortization Schedule -10- Period Fiscal Date Principal Coupon Interest Total Total 6/1/13 $ 171,709 $ 171,709 1211/13 $ 360,000 2.00 % 171,709 531,709 $ 703,418 6/1/14 168,109 168,109 12/1/14 365,000 3.00 168,109 533,109 701,218 6/1/15 162,634 162,634 12/1/15 375,000 3.00 162,634 537,634 700,268 6/1/16 157,009 157,009 12/1/16 385,000 4.00 157,009 542,009 699,018 6/1/17 149,309 149,309 12/1/17 395,000 4.00 149,309 544,309 693,618 6/1/18 141,409 141,409 12/1/18 405,000 4.00 141,409 546,409 687,818 6/1119 133,309 133,309 12/1/19 420,000 4.00 133,309 553,309 686,618 6/1/20 124,909 124,909 12/1/20 435,000 4.00 124,909 559,909 684,818 6/1121 116,209 116,209 12/1/21 450,000 4.00 116,209 566,209 682,418 611/22 107,209 107,209 12/1/22 470,000 4.00 107,209 577,209 684,418 611/23 97,809 97,809 12/1/23 490,000 4.00 97,809 587,809 685,618 6/1124 88,009 88,009 12/1/24 510,000 4.00 88,009 598,009 686,018 6/1/25 77,809 77,809 1211/25 530,000 4.20 77,809 607,809 685,618 6/1/26 66,679 66,679 12/1/26 555,000 4.20 66,679 621,679 688,358 6/1/27 55,024 55,024 12/1127 580,000 4.35 55,024 635,024 690,048 6/1/28 42,409 42,409 1211/28 605,000 4.35 42,409 647,409 689,818 6/1129 29,250 29,250 1211/29 635,000 4.50 29,250 664,250 693,500 611/30 14,963 14,963 12/1/30 665,000 4.50 14,963 679,963 694,926 Totals $ 8,630,000 $ 3,807,534 $ 12,437,534 -10- SCHEDULE B-6 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2011 Amortization Schedule -11- Period Fiscal Date Principal Coupon Interest Total Total 6/1/13 $ 378,825 $ 378,825 12/1/13 $ 845,000 3.00 % 378,825 1,223,825. $ 1,602,650 6/1/14 366,150 366,150 12/1/14 855,000 3.00 366,150 1,221,150 1,587,300 6/1/15 353,325 353,325 1211/15 865,000 3.00 353,325 1,218,325 1,571,650 611/16 340,350 340,350 12/1116 880,000 3.00 340,350 1,220,350 1,560,700 6/1/17 327,150 327,150 12/1/17 895,000 3.00 327,150 1,222,150 1,549,300 6/1/18 313,725 313,725 12/1118 920,000 3.00 313,725 1,233,725 1,547,450 6/1/19 299,925 299,925 12/1/19 945,000 3.00 299,925 1,244,925 1,544,850 6/1/20 285,750 285,750 12/1120 975,000 3.50 285,750 1,260,750 1,546,500 6/1121 268,688 268,688 12/1/21 1,005,000 3.50 268,688 1,273,688 1,542,376 6/1/22 251,100 251,100 12/1/22 1,040,000 4.00 251,100 1,291,100 1,542,200 6/1/23 230,300 230,300 12/1/23 1,080,000 4.00 230,300 1,310,300 1,540,600 611/24 208,700 208,700 12/1/24 1,120,000 4.00 208,700 1,328,700 1,537,400 6/1/25 186,300 186,300 12/1/25 1,170,000 4.00 186,300 1,356,300 1,542,600 6/1/26 162,900 162,900 1211/26 1,215,000 4.00 162,900 1,377,900 1,540,800 6/1/27 138,600 138,600 12/1/27 1,270,000 4.00 138,600 1,408,600 1,547,200 6/1128 113,200 113,200 12/1128 1,325,000 4.00 113,200 1,438,200 1,551,400 6/1/29 86,700 86,700 12/1/29 1,380,000 4.00 86,700 1,466,700 1,553,400 6/1130 59,100 59,100 1211/30 1,445,000 4.00 59,100 1,504,100 1,563,200 6/1/31 30,200 30,200 1211/31 1,510,000 4.00 30,200 1,540,200 1,570,400 Totals $20,740,000 $ 8,801,976 $29,541,976 -11- SCHEDULE B -7 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Revenue Bonds of 2012 Amortization Schedule -12- Period Fiscal Date Principal Coupon Interest Total Total 6/1/13 $ 265,477 $ 265,477 12/1113 $ 1,015,000 2.00 % 284,440 1,299,440 $ 1,564,917 611/14 274,290 274,290 1211114 1,020,000 2.00 274,290 1,294,290 1,568,580 6/1/15 264,090 264,090 12/1/15 1,030,000 2.00 264,090 1,294,090 1,558,180 6/1/16 253,790 253,790 12/1116 1,045,000 2.00 253,790 1,298,790 1,552,580 6/1117 243,340 243,340 12/1/17 1,060,000 2.00 243,340 1,303,340 1,546,680 6/1118 232,740 232,740 1211/18 .1,075,000 2.00 232,740 1,307,740 1,540,480 6/1119 221,990 221,990 12/1/19 1,095,000 2.00 221,990 1,316,990 1,538,980 6/1/20 211,040 211,040 1211/20 1,120,000 2.00 211,040 1,331,040 1,542,080 6/1/21 199,840 199,840 12/1/21 1,150,000 2.00 199,840 1,349,840 1,549,680 6/1/22 188,340 188,340 12/1/22 1,185,000 2.00 188,340 1,373,340 1,561,680 6/1123 176,490 176,490 12/1/23 1,220,000 2.00 176,490 1,396,490 1,572,980 6/1/24 164,290 164,290 1211/24 1,260,000 2.20 164,290 1,424,290 1,588,580 6/1/25 150,430 150,430 12/1125 1,300,000 2.30 150,430 1,450,430 1,600,860 6/1/26 135,480 135,480 12/1126 1,340,000 2.50 135,480 1,475,480 1,610,960 6/1/27 118,730 118,730 12/1127 1,385,000 2.50 118,730 1,503,730 1,622,460 6/1/28 101,418 101,418 12/1/28 1,435,000 2.50 101,418 1,536,418 1,637,836 611/29 83,480 83,480 1211/29 1,485,000 2.60 83,480 1,568,480 1,651,960 6/1/30 64,175 64,175 12/1130 1,535,000 2.60 64,175 1,599,175 1,663,350 6/1/31 44,220 44,220 12/1/31 1,595,000 2.70 .44,220 1,639,220 1,683,440 6/1/32 22,688 22,688 12/1/32 1,650,000 2.75 22,688 1,672,688 1,695,376 Totals $ 25,000,000 $ 6,851,639 $ 31,851,639 -12- SCHEDULE B -8 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2013 A Amortization Schedule -13- Period Fiscal Date Principal Cou on Interest Total Total 1211/13 $ 1,065,000 1.94 % $ 171,865 $ 1,236,865 $ 1,236,865 6/1/14 132,890 132,890 12/1/14 1,845,000 1.94 132,890 1,977,890 2,110,780 6/1/15 114,994 114,994 1211/15 1,885,000 1.94 114,994 1,999,994 2,114,988 6/1/16 96,709 96,709 1211116 1,920,000 1.94 96,709 2,016,709 2,113,418 6/1/17 78,085 78,085 12/1/17 1,955,000 1.94 78,085 2,033,085 2,111,170 611/18 59,122 59,122 12/1/18 1,995,000 1.94 59,122 2,054,122 2,113,244 6/1/19 39,770 39,770 12/1/19 650,000 1.94 39,770 689,770 729,540 6/1/20 33,465 33,465 1211120 665,000 1.94 33,465 698,465 731,930 6/1/21 27,015 27,015 12/1/21 675,000 1.94 27,015 702,015 729,030 6/1/22 20,467 20,467 1211/22 690,000 1.94 20,467 710,467 730,934 6/1/23 13,774 13,774 12/1/23 705,000 1.94 13,774 718,774 732,548 6/1124 6,936 6,936 12/1/24 715,000 1.94 6,936 721,936 728,872 Totals $ 14,765,000 $ 1,418,319 $16,183,319 -13- SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Statements of Income for the Twelve Months Ended December 31, 2012, 2011 and 2010 Operating Revenues Metered Residential Sales Metered Commercial Sales Metered Industrial Sales Metered Sales to Multi - Family Dwellings Metered Institutional Sales Metered Sales to Public Authorities Sales for Resale Forfeited Discounts Miscellaneous Operating Revenues Total Operating Revenues Operating Expenses Operation and Maintenance Expenses Collection System Expenses Treatment Plant Expenses Administration and General Customer Accounts Expenses Management Fees Total Operation and Maintenance Expenses Depreciation Expense Amortization of Bond Issuance Costs Taxes Other Than Income Taxes FICA Tax Payment in Lieu of Property Taxes Total Taxes Other Than Income Taxes Total Operating Expenses 2012 $ 15,431,819 6,531,044 4,325,634 2,221,458 253,328 1,042,655 128,804 567,083 437,466 30,939,291 5,986,596 5,760,467 1,483,088 176,155 952,404 14,358,710 2011 $ 14,290,965 5,971,902 4,245,361 2,062,200 240,791 912,075 132,219 484,040 444,426 28,783,979 5,342,510 7,206,443 1,264,812 104,416 643,816 14,561,997 4,945,992 4,491,208 79,783 56,100 IWA11 0.] 2010 12,392,470 5,416,219 3,734,368 1,797,698 211,887 827,162 120,557 272,590 460,821 25,233,772 4,844,815 6,436,244 505,107 87,953 643,816 12,517,935 3,756,943 44,621 309,165 305,324 319,243 2,405,289 2,290,752 2,181,678 2,714,454 2,596,076 2,500,921 22,098,939 21,705,381 18,820,420 Net Operating Income 8,840,352 7,078,598 6,413,352 -14- SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Statements of Income for the Twelve Months Ended December 31, 2012, 2011 and 2010 Other Income Sewer Line Insurance Revenue Interest Income State Revolving Fund Grants Gain on Sale of Fixed Assets EDIT Transfer for Capital Improvements Miscellaneous Other Income Total Other Income Other Expenses Sewer Line Insurance Expense Interest Expense Loss on Sale of Fixed Assets Total Other Expenses Net Income EXHIBIT B (Continued) 2012 2011 2010 $ 544,920 $ 537,632 $ 556,752 209,541 136,075 92,121 - - 1,198,000 15,741 2,208 - 1,300,000 3,300,000 - 24,191 83,445 210,629 2,094,393 4,059,360 2,057,502 285,646 269,325 271,402 3,343,905 2,576,053 2,311,448 866,446 - 392 4,495,997 2,845,378 2,583,242 $ 6,438,748 $ 8,292,580 $ 5,887,612 -15- SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Adjusted Statement of Income Operatina Revenues Metered Residential Sales Metered Commercial Sales Metered Industrial Sales Metered Sales to Multi - Family Dwellings Metered Institutional Sales Metered Sales to Public Authorities Sales for Resale Forfeited Discounts Miscellaneous Operating Revenues Total Operating Revenues Operating Expenses Operation and Maintenance Expenses Depreciation Expense Amortization of Bond Issuance Costs Taxes Other Than Income Taxes Total Operating Expenses December 31, 2012 $ 15,431,819 6,531,044 4,325,634 2,221,458 253,328 1,042,655 128,804 567,083 437,466 30,939,291 14,358,710 4,945,992 79,783 Adiustments Amount Ref. $ 1,388,864 (3) 587,794 (3) (2,235,917) (1) 400,000 (2) 224,075 (3) 199,931 (3) 22,800 (3) 93,839 (3) 11,592 (3) 692,978 705,601 (4) 119,952 (5) 141,519 (6) EXHIBIT C Adjusted $ 16,820,683 7,118,838 2,713,792 2,421,389 276,128 1,136,494 140,396 567,083 437,466 31,632,269 15,184,263 5,087,511 79,783 2,714,454 68,779 (7) 3,153,498 370,265 (8) 22,098,939 1,406,116 23,505,055 Net Operating Income $ 8,840,352 $ (713,138) $ 8,127,214 -16- SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Detail of Adjustments (1) To adjust "Industrial Sales" for the loss of New Energy Company as a customer. Adjustment - Decrease SCHEDULE C -1 $(2,235,917) (2) To adjust 'Industrial Sales" for the estimated increase of revenues from the new customer Noble Americas. Adjustment - Increase $ 400,000 (3) To adjust "Sewer Sales" for the 2013 rate increase of 9% effective January 2013. Metered Residential Sales Metered Commercial Sales Metered Industrial Sales Metered Sales to Multi - Family Dwellings Metered Institutional Sales Metered Sales to Public Authorities Sales for Resale Adjustment - Increase Adjusted 2012 Annual Revenues Increase 15,431,819 $ 1,388,864 6,531,044 587,794 2,489,717 224,075 2,221,458 199,931 253,328 22,800 1,042,655 93,839 128,804 11,592 $ 2,528,895 (4) To adjust "Operation and Maintenance Expenses" for increases in salaries and wages to the Budget for 2013. Pro Forma Salaries and Wages Less: Test Year Adjustment - Increase -17- $ 4,995,042 (4,289,441) $ 705,601 SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Detail of Adjustments (5) To adjust "Operation and Maintenance Expenses" for increases in PERF to the Budget for 2013. Pro Forma PERF Less: Test Year Adjustment - Increase $ 473,742 (353,790) (6) To adjust "Depreciation Expense" for utility plant in service as of December 31 „2012. Utility Plant in Service Add: Construction Work in Progress Less: Land and Land Rights Depreciable Utility Plant in Service Times: Depreciation Rate Pro Forma Depreciation Expense Less: Test Year Adjustment - Increase (7) To adjust "Taxes Other Than Income Taxes” for FICA tax expense. Pro Forma Salaries and Wages Times: FICA Rate Pro Forma FICA Expense Less: Test Year Adjustment - Increase $ 197,674,821 6,189,837 (364,208) 203,500,450 2.5% 5,087,511 (4,945,992) $ 4,995,042 7.65% 382,121 (313,342) (8) To adjust "Taxes Other Than Income Taxes" for the budgeted 2013 Payment in Lieu of Taxes (PILOT) payment. Budgeted 2013 PILOT Payment $ 2,775,554 Less: Test Year (2,405,289) Adjustment - Increase -18- SCHEDULE C -1 (Continued) $ 119,952 $ 141,519 $ 68,779 $ 370,265 EXHIBIT D -19- M O 0 LO co O W co O 0) N In I-- N N O O O M M' V 00 O O c- I co co O FIdam' O CO P. t+ n r W N r (0 N (O (i} EA V3 O O O M M M M til O O r CV V LO COO (NO W) 0 d' r 1: N (O W ID N M fi? to CA O 000 N n 000 CO (MO W O N co O t` N O a0 O N 00 CA d' <t N N(O O 0 W (A N I- r to �- t0 N r N L 0 6s m W a = +- N a0 O N t-- O yQ C N= N LO (MO C7 O O O to W m 7 S I O to (0 O NI t0 N co N O = T CL o C CO O dr J I f Z m N d NO M CO CO N _ < O Cl) M I E U O � O N N Z (U OI N LO co N 'IT r ` L r ti d' Ch tl co m Q O ) H LL Z� M m rn a m w d N m (o M a T (D (0 N _ C N N N a = N t0 C X C «S O N a N W N N O 21 lz co a E m a J N > N c > O tf7 O N O = O .N^.. y ..0 O- CD Q'� Hi � m v E m E= a o N O d 0 a W , °�,' U E E U a` 3 m @ - ro m W (n O � a {— w i-- V N .� -19- SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Statement of Revenue Requirements Operation and Maintenance Expenses (A) Taxes Other Than Income Taxes (B) Sewage Works Portion of Public Works Building Corporation Debt Service (Schedule A -1) Estimated Combined Annual Debt Service (Schedule E -1) Annual Extensions and Replacements (Schedule E -1) Total Revenue Requirements Less Operating Revenues (C) Revenue Increase Required Divide by: Adjustable Operating Revenues Percent Rate Increase Required (A) Operation and Maintenance Expenses Prior Year Operation and Maintenance Expenses Times: Estimated Increase Total Estimated Operation and Maintenance Expenses (B) Taxes Other Than Income Taxes Calculation of FICA Tax Prior Year Adjusted FICA Tax Times: Estimated Increase Total Estimated FICA Tax Calculation of Payment in Lieu of Taxes Prior Year Payment in Lieu of Taxes Times: 3% increase Total Estimated Payment in Lieu of Taxes Total Estimated Taxes Other Than Income Taxes (C) Operating Revenues Prior Year Adjustable Operating Revenues Times: Proposed Rate Increase (3) Total Adjustable Operating Revenues Plus: Other Operating Revenue Total Operating Revenues EXHIBIT E Pro Forma Projected 2013 2014 2015 2016 $ 15,184,263 $ 15,639,791 $ 16,108,985 $ 16,592,255 3,153,498 3,252,406 3,349,979 3,450,479 82,844 82,487 82,991 62,807 9,515,476 (1) 9,299,031 10,243,744 11,182,864 3,696,186 (2) 4,889,911 4,985,498 5,151,190 $ 31,632,269 33,163,626 34,771,197 36,459,595 (31,632,269) (33,163,655) (34,771,610) 1,531,357 1,607,542 1,687,985 30,627,720 32,159,106 33,767,061 5% 5% 5% $ 15,184,263 $ 15,639,791 $ 16,108,985 3% 3% 3% $ 15,639,791 $ 16,108,985 $ 16,592,255 $ 382,121 $ 393,585 $ 405,393 3% 3% 3% 393,585 405,393 417,555 $ 2,775,554 $ 2,858,821 $ 2,944,586 3% 3% 3% 2,858,821 2,944,586 3,032,924 $ 3,252,406 $ 3,349,979 $ 3,450,479 $ 30,627,720 30,627,720 32,159,106 5% 5% 30,627,720 32,159,106 33,767,061 1,004,549 1,004,549 1,004,549 $ 31,632,269 $ 33,163,655 $ 34,771,610 (1) 2013 Debt Service Payment from Exhibit B with the addition of the accrued interest paid on the 1998 SRF Loan and 2004 Bonds. (2) Pro Forma 2013 Extension and Replacements is calculated as the remaining funds available after payment of all other revenue requirements. (3) The prior year rate increase in 2013 was included within the adjustments on Exhibit C. -20- Y W Q@ W @ N 'v J c m Z O O U Z W OL1 H M cOo M O co co O y O v m 0) o v- o M v a W m o - 0 o a0 co W M co co �,• O m ti RD COLo N N O Lo r r (&I I I I I III O> -21- SCHEDULE E -1 a 0 a N w � U 4 a L cc5 @ @ C @ >. � c � N � « Zak N C Q1 � CL U_ Lo 8 Z N a) y a d � a �1m « -0 o a) 0,2 C N N i a1 ,o >v� �a c 0 ? a > c N O �O .`- 7 O C M N d 3 W. O C @ @ «m•� w c 0) 3 @ y o c0� E « C N N > a 0 a m E a) O c O C.: a° E_ E w 0 d @ @ a) 0 0 N C _ a CL YO 'O O - @ 9 a) NL IL @ a) �« E c m N o > m C C O 0-0 0) 0 O E ' aW U) cr @ U c N0• E ID aC_E2 U ca E C V1 2 N c N D a O O O O. v—M cOo °o a1 0 o m v m 0) o v- o M v a W m o - 0 o a0 co W M co co �,• O m ti RD 0) N N O d' fR 69 fA 0 co ac) - o o 0 0 o _ Q V N O lco 0 E@ �I O v 0 m 00) W d E 0) O '7 N 0? N 0 N 0) U) c0 d e^- R 69 fA 69 H3 C O .L) C O U W d 7 @ E c w c 0 ca N V E O v m _ @ LL a) a) C _) Z O ._ O_ 7 U �a 0 C d 7 O c 0 0 @ (/i @d U X E 0 a) LY am -o> q �� �w E C 3 o a) m e 0 0 m� `@ @ a �v c @ @ E 0 w o o v a u c w C ate) - 0 E_ (5 W N W �y �ol C m C y qc 0 :3 r- Q @ C a) �� 0) U a @ >> c E� U Tt w 20, 0.= Ern 0) Ern c Ea) c qr° 0? U@ c m tm E c 91 0 a) O y d U) 0 0-0 N a !A C 0 w o f o L a>i ° C C C@ 0 a s ° c .2-0 0 E o-er �O � o m 0 0 0 'N E) @@ U E N N N O m 0• -T I!1 t0 @a W e N a W C m @ c �@ C CL 000 E C W W ONNNaU o¢ F- U ULL d W 0 W -21- SCHEDULE E -1 a 0 a N w � U 4 a L cc5 @ @ C @ >. � c � N � « Zak N C Q1 � CL U_ Lo 8 Z N a) y a d � a �1m « -0 o a) 0,2 C N N i a1 ,o >v� �a c 0 ? a > c N O �O .`- 7 O C M N d 3 W. O C @ @ «m•� w c 0) 3 @ y o c0� E « C N N > a 0 a m E a) O c O C.: a° E_ E w 0 d @ @ a) 0 0 N C _ a CL YO 'O O - @ 9 a) NL IL @ a) �« E c m N o > m C C O 0-0 0) 0 O E ' aW U) cr @ U c N0• E ID aC_E2 U ca E C V1 2 N c N D a O O O O. v—M EXHIBIT F -22- a I W W W WNNd'N N V'O W co O O O O W N CO ON C WO V I N S W _ W O W 0) LO W C N O IlIO O N N W O m N W t It C < Cy O_ < N C /O CA rO0 W<Ot� O_ O a) N (WD N 7mtWO, C4 W O �N, N a0 C7N 1�� N W M �h h N N NCoW d'N h <h W co 04 ON(r N N O N O M< rNv rooi d ° » % 69 rn of Y m _ U aaj N <IIJ Ct�OhcOn p O O p o to NO �w hM� O m N h<6NO CAN a; h ChM N N M Cmi m mI NMtOc M d' W c CO MO ci O < C� W ON N N W W O CO N of CO W E9 Vi 613 ? C LU a U) N C J 0 p W CO V N DW h h COh CQ M(0 W N a O N N 4 A M h C3; m 11: M W m N M N Oa. C 04 CO W R 1- N m V O (L (L N N W O W h" N M N Z a CyT CD y� 09 69 O p W N O � N � C m a > o' 2 0 `m ayi a c m ° _c N 3 m O m` _ a _ o m aai a rn rn o f m E 0 m m z a ao E0 a E gE .O -..O. m N N N O , C m m d a a � a � o E E E E E E E E E aan ,-V E m E E 0 p O c m- O o c 'O a m toO O O y N CO -qt <NNMa CO CO ON L V� Z Lu O 2 N m E m c cL c 3 0 E op 0 m e Ow m OU QU J 0 mm �a w < -22- EXHIBIT G SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Typical Monthly Bill Analysis for 5/8 Inch Meter User Filed in OCI�-.. !Cel�tel '�12f3+11'1t: -23- CITY CLERK, 50U i H BEND. IN Proposed Proposed Proposed Present 2014 2015 2016 Cubic Feet Charge Charge Charge Charge 100 $ 28.25 $ 29.66 $ 31.15 $ 32.70 200 30.68 32.21 33.83 35.51 300 33.11 34.76 36.51 38.32 400 35.54 37.31 39.19 41.13 500 37.97 39.86 41.87 43.94 600 40.40 42.41 44.55 46.75 700 42.83 44.96 47.23 49.56 800 45.26 47.51 49.91 52.37 900 47.69 50.06 52.59 55.18 1,000 50.12 52.61 55.27 57.99 1,100 52.55 55.16 57.95 60.80 1,200 54.98 57.71 60.63 63.61 1,300 57.41 60.26 63.31 66.42 1,400 59.84 62.81 65.99 69.23 1,500 62.27 65.36 68.67 72.04 1,600 64.70 67.91 71.35 74.85 1,700 67.13 70.46 74.03 77.66 1,800 69.56 73.01 76.71 80.47 1,900 71.99 75.56 79.39 83.28 2,000 74.42 78.11 82.07 86.09 Filed in OCI�-.. !Cel�tel '�12f3+11'1t: -23- CITY CLERK, 50U i H BEND. IN 6 N WQCtm m1E ON1NP01 ml`YiNmNO 1p�0 m SI � n m N �OmN lJ WN MW P'N O Ih n m y� M yg {{y� ryA �Wpp yy CC p� N w w CN'a O W�NfO IO �b.viN <`� (OPPN�Tm NNfW N O � O S �m00 N O)WN �Nm d< C w q «I w�f9N 0SmFlin N O1m mN N 1Or WMyA NA m00'IONMN ANON p�]]N NNOOm ��N PWWW Opi�I��mVNN W mNA PmtAp <mOV 'mn$�i ui w i5 ttNVV��I w ar�WN�WmA Y y � 100 PONUmI 6' NQO CI �� Mr .S m P-:r nqNn mNOYmNN mJ'v Wc❑ Qa m0 m�Nm ANNA' m mm�R: _W� � NOONl1 2 O w m A Mm�NWAi O w 0 V^ NOANAI _ N`a.m N�mml MM�N' i 00njN N w ANyN mm 1m0 d N_m NmINS < F N w mr ONE mANN ryry OAOA N N tA+1N 44 N dWN ANN ACCA N ^P^M VVA WWlpIN'm� b Obb bN 1nNN p mtO mtPAW OmNN'mV N WmN {VY 9. 1d N In BRIM a mAN -N mNNO O I` N l u11` P OIL _- pp mm Y] O1N Na�N�m m AA_-ryry W 1mON 0(�pN �- [Yb Q nmmA 9. •S mmP°n ��nyyro�CCCC A 6 �I�lpVe�n O m N^NNA NN0W0 00� �OUR�p� 00� 10 W % 0 W ° n3 E ° mm Em� um S��S Oy m$ a °3 m IM 8 a9���N a �� e 02 mW °y�= �y�By�yyWy y�yy��yB& S j��5,,aSm°��m° EC @C2'E' a °�$FO YCSY� �� 3pC W E�E`C �EV1 lif 1- F NV � N o = ° Edo m EU E � � �C 9 (� W F Z Z P'iled in Clerk'e FEB 10 JOHN VOORD,r CMY CLERK, SOUTH U a g� 3 6 r n m m °N b � rvl 0 0 N h n bl tW� 0 N N N N b N NI N N 0 A O b N N N NI N N c E � "sl m 0 O N 3 mr u Qc uEm rI 3 �Ipv N �O u° via �mpm�l mN 81 m E8 0 N a N N b n n C B m � 0 m w 4` d @E a 5 g °c omgE F m f ECJK u'. gm OE Q W c o. 12 EE_u E e £8 vl r m a h. m p S K T F m 9 3 �q 8 a 0 0 5 E x U i a SOUTH BEND MUNICIPAL SEWAGE WORKS South Bend, Indiana Notes to Rate Analysis and Summary of Significant Assumptions 1 ) 2013, 2014, 2015, and 2016 financial information was taken from the Rate and Financing Report dated February 10, 2014. Sewer User Fees and Sales for Resale for 2014 and (2) beyond are adjusted for the estimated revenues from the projected rate increases. The projected rate increases are assumed to go into effect on January 1 of each year. Forfeited Discounts and Miscellaneous Operating Revenues are assumed to be held constant at 2013 levels for 2014 and beyond. (4) The amounts shown for Operation and Maintenance Expenses and FICA Tax Expenses for 2014 and beyond are calculated by applying a three percent (3 %) inflation rate to the previous year amount. Maintenance Due to CSO Projects was provided by the City of South Bend. Payments in Lieu of Taxes for 2014 and beyond were calculated by applying a three percent (3 %) inflation rate to the previous year amount. Capital Improvements from Cash on Hand was calculated by maintaining a minimum of 140% coverage on the annual debt service in the years 2017 through 2029. The amount available in 2013 through 2016 was taken from the Rate and Financing Report dated February 10, 2014. (6) The Proposed Bond Issues for the Years 2014 through 2029 include the debt service reserve funding within the bond issuance. The estimated Interest rate is 5% for a term of 20 years. (9) The Capital Improvement Program and the Amount Funded by Outstanding Bonds were provided by the City and the consulting engineer, Greeley and Hansen, and included an amount for engineering fees, legal and administration. The U0lity's management reduced the sewer lining estimate to $1,500,000 per year. Prepared by Crowe Horwath LLP -3- February 10, 2014 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1502/1512 Michigan Street WHEREAS, Indiana Code Section 36 -7-4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Board of Zoning Appeals makes its recommendation to the Council; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7-4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exception be granted for the property located at: 1502/1512 Michigan Street in order to permit automobile sales and service in a "CB" District SECTION H. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION HI. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. E'RESENIED No, APPRGVE'C' Member of the Common Council Filed i Iftice F, "... �f iU13 CITYCLEHi\; _.. :,, 6END, IN AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX; (574) 235 -5541 December 5, 2013 The Honorable Common Council Of the City of South Bend 4th Floor, County-City Building South Bend, Indiana 46601 RE: Petition for Special Exception Luis A. Renteria - Morales 1502/1512 S. Michigan St, Dear Council Members: The above referenced petition of Luis A. Renteria- Morales was legally advertised on November 17, 2013, The Area Board of Zoning Appeals gave it a public hearing on December 4, 2013, at which time the following action was taken: Upon a motion by Mr. Urbanski, being seconded by Mr. Young and by a 7 -0 vote, the petition for Special Exception to allow automobile sales and service in a "CB" District, on property located at 1502/1512 S. Michigan St., is sent to the Common Council with a Favorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made pat oof` this srreport. Sincerely, 10�� ' Charles C. Bulot, C.B.O. Building Commissioner CCB /cah PETITION OF LUIS RENTERIA•MORALES 150211512 S. MICHIGAN ST. SPECIAL USE AREA BOARD OF ZONING APPEALS FINDINGS OF FACT 1. THE PRPOSED SPECIAL USE WILL NOT BE INJURIUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WLFAFE BECAUSE: Development and use as presented will comply with all building, fire safety, traffic, and parking regulations as to not being injurious to the public health, safety, morals, and general welfare of the community. 2. THE PROPOSED SPECIAL USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: The variance or use shnil improve the appearance of the neighborhood and will not devalue the surrounding properties. 3. THE PROPOSED SPECIAL USE WILL BE CONSISTENT WITH THE CHARACTER OF THE DISTRICT IN WHICH IT IS LOCATED AND THE LAND USES AUTHORIZED THEREIN BECAUSE: The conditions to this particular property does create an unusual and unnecessary hardship. 4. THE PROPOSED SPECIAL USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE ST. JOSEPH COUNTY COMPREHENSIVE PLAN BECAUSE: It is the feeling of the Board that the variance is blending into the overall Comprehensive Plan and is not deviating from it's intent. CONDITIONS or REVISIONS: DECISION IT IS THEREFORE the decision of this Board that this request for SPECIAL USE shall be passed onto the Roseland Town Council With a: FAVORABLE RECOMMENDATION ADOPTED this 4TH Day of DECEMBER, 2013. YES NO © MICHAEL URBANSKI IR GERALD PIIIPPS O RANDALL MATTHYS 0 BRENDAN CRUMLISH El JOE VELLEMAN ® JACK YOUNG ROBERT HA 1VLEY PETITION City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance, to grant a Special Exception as herein requested and to the Area Plan Commission to grant the following variance(s): 1) The subject property is located at: 1502/1512 Michigan Avenue South Bend IN 46613 2) The property Tax Key Numbers) is/are: 018 - 7024 -0953 and 018 - 7024 -0953 3) Name and address of property owner(s) of the petition site: Luis A Renteria - Morales 4005 Ford Street South Bend IN 46619 4) Name and address of contingent purchaser(s), if applicable: None 5) it is desired and requested that this property be rezoned: To allow automobile sales and service in a "CB" District 6) This rezoning is requested to allow the following use(s): Automobile Sales & Service 7) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Seeking a Special Exception to allow automobile sales and service in a "CB" District would allow Mr. Renterla- Morales the opportunity to convert the existing structure into a Used Automobile dealership. 8) ) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed CB Community Business District — Automobile Sales & Service will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare because it will allow the vacated building to be converted into a profitable business. (b) The proposed CB Community Business District— Automobile Sales & Service wilt not injure or adversely affect the use of the adjacent area or property values therein because the took and use of the property will be revitalized. Before it had an abandoned building on it and now it will have the expansion of a thriving business in its place. (c) The proposed CB Community Business District — Automobile Sales & Service will be consistent with the character of the district in which it is located and the land uses authorized therein; and provide another business to open in South Bend. (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. 9) in the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 10) . If, applicable, a detailed description and the purpose of the variance(s) being requested: Variance # 1 to increase the fence height from 4' to 10' on the North side of the property and 6' to 10' on the East and South side of property. Variance #2 to change the Type B landscaping on the East and South side of the property to a privacy fence. Variance #3 to decrease the 15' parking setback on the North, West and South side of the property to 01. Variance #4 to decrease the 20' rear residential buHbryard on the East and South to 0' for parking. Variance #5 to change Type A landscaping on the North side of the property to none. To change these variances would allow the owner of 1502/1512 Michigan Street to change the existing car wash structure into a Used Automobile dealership. 11) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community because it will allow an vacant structure to be converted into a productive business that will deter crimes such as loitering, vandalism, theft, etc. from happening on this site. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and possible increase the values as the property will not be vacant (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property because the property would not be able to be developed as the owner would like. 12) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 13) Applications for subdivisions shall be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a copy of a legal description of the property (b) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (c) 17 site plans; and (d) addressed, stamped envelopes for all property owners within 300 feet of the petition property. PETITION PREPARED BY: Signature(s) of All Property owner(s) or signature of Attorney for all property Owner(s): Luis A Renteria - Morales 4005 Ford Street South Bend, IN 46619 (574) 274 -8581 CONTACT PERSON: (if different) LEGAL DESCRIPTION Lot 10 & I 1 Haneys Add 10 & I 1 Lot 12 Haneys Add 12 d9 Nz a z 3� r2 Na E� rn��a m�m�v II O W W N V e Ogg 3 so�$�3 5� $H.3 gag HU � "8 rm i�ma; 11 FI OIL .44 i a_ '< z M:�. P - �1f�.".�e f X' { � 5 1 I iY�1 .i l/ �F. Jf 018- 8005 -0274 ------ .1, ^�• IVIAILINUAUU MAILINGCIT 71 -08 -13 -156 - Ii 1530 S Main St South Bend 016.000 -026 018 - 8005 -0273 71- 08- 13 -156- 015.000 -026 018 - 8008 -0388 71- 08- 13 -305- 005.000 -026 018- 8008 -0390 71- 08.13 -305- 006.000 -026 018- 7031 -1188 71- 08- 13 -326- 001.000 -026 018- 7026 -1050 71- 08- 13 -177- 001.000 -026 018- 7024 -0975 71- 08- 13 -180- 004.000 -026 018 - 7024 -0955 71- 08- 13 -180- 002.000 -026 018 - 8005 -0270 71.08- 13 -156- 028.000 -026 018 - 7024 -0949 71- 08- 13 -180- 009.000 -026 018 - 7024 -0948 71- 08- 13 -180- 010.000 -026 018 -7024 -0947 71-08-13-180 - 011.000 -026 018 - 7024 -0945 71- 08- 13 -180- 012.000 -026 018 - 8005 -0263 71- 08- 13 -156- 012.000 -026 018 - 8005 -0267 71- 08- 13 -156- 025.000 -026 018- 7031 -1189 71- 08- 13 -326- 003.000 -026 018 - 8005- 027802 71- 08- 13 -156- 030.000 -026 018 - 7024 -0974 018- 7024 -0973 018- 7024 -0972 71- 08- 13 -180- 003.000 -026 71- 09- 13 -180- 014.000 -026 71- 08- 13 -180- I. AL CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC DNM c/o Dorothy Medich South Bend PROPERTIES LLC � I ` 135 E WOODSIDE South Bend F U" AIi' Lt 0 S H 1617 Lake Meade Allen Dr 1402 S Michigan St South Bend - 1518 S Michigan St South Bend BEG 5215 Redbud -Ln South Bend OLIN ' r ,[URIC 1517 S Michigan St South Bend K6�,OO N N e "'k 126 E. Haney - South Bend 1C DESK LM&1�CAB%�AL 134 Haney South Bend will TTE�2 136 E Haney South Bend M& KRONEWITTER 136 E Haney St South Bend MICHAEL CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC EL ''�" °OT pkl*JY 1431 S Michigan South Bend LL�-_,4_ -_ 1f GF�i4ZIF3Y 1606 Michigan St South Bend CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC .", G$J 3019 S Michigan St South Bend ROSALES 1518 S Michigan St South Bend ESTANISLADO & REBECCA ;,< M% MIN04 59267 South Bend Pagel of4 MAILMAILINGZIF IN 46624 IN 46624 IN 46614 IN 46614 TX 75002 IN 46613 IN 46613 IN 46619 IN 46613 IN 46613 IN 46613 IN 46613 IN 46613 IN 46624 IN 46613 IN 46613 IN 46624 IN 46614 IN 46613 IN 46614 PARCELID PARCELSTAT NAME —1 MAILINGADD MAILINCQCIT MAILMAILINGZIF 015.000 -026 HOLLYWOOD BLVD 018 - 7024 -0971 71 -08 -13 -180 - - t CK L 137E Indiana Ave South Bend IN 46613 016.000 -026 y 018- 7024 -0970 018 - 7024 -0969 71- 08- 13 -180- 017.000.026 71- 08- 13 -180- 018.000 -026 018 - 7024 -0967 71- 08- 13 -180- 019.000 -026 018- 8005 -0262 71- 08- 13 -156- 011.000 -026 018 - 7024 -0953 71- 08- 13 -180- 001.000 -026 018 - 7026 -1060 71- 08- 13 -177- 004.000 -026 018 - 8005 -0244 71 -08 -13 -156. 022.000 -026 018 - 7031 - 118801 71- 08.13.326- 002.000 -026 018- 7031 -1187 71- 08- 13 -326- 009.000 -026 018- 7031 -1186 71- 08- 13 -326- 010.000 -026 018 - 7031 -1185 71- 08- 13 -326- 011.000 -026 018- 7031 -1184 71- 08.13 -326- 012.000 -026 018- 7024 -0976 71.08- 13 -180- 005.000 -026 018 -8005- 027801 71 -08 -13 -156. 031.000 -026 018- 8005 -0261 71 -08 -13 -156. 010.000 -026 018- 8005.0268 018 -7024 -0946 71- 08- 13 -156- 026.000 -026 71- 08- 13 -180- 013.000.026 XCHON 1530 S Main St South Bend 'H& 127E Indiana Av South Bend MOUNT CARMEL 133 -37 E Indiana South Bend MISSIONARY Av AND BAPTIST 1431 S Michigan South Bend CHURCH MOUNT CARMEL 133 -37 E Indiana South Bend MISSIONARY Av AND BAPTIST CHURCH 2 of 4 CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC BECERRIL 5215 Redbud Ln South Bend MIGUEL A 1420 S Michigan St. South Bend aQi>AFffiG & 1417 S Michigan St South Bend :tUly1NG CO INC ,..:r > 112 Indiana Ave EE R A R South Bend MOUNT CARMEL 137 E Indiana Ave South Bend MISSIONARY BAPTIST CHURCH LORE xo , GJQSEPH 122 E Indiana Av -. ,AkJRaAMES & South Bend 'PIIv�O'PIT'E CL OFrSOUTH Rm 1308 South Bend BE _:_; IN??,' County -City 'INDMNA,Y90ARD. Building `OF9RIJBLIC WORKS NToYPFERTY 201 Conroy Rd Sterrett _M:4NAGEIv1ENT `E7 =c? ROSALES 1518 S Michigan St South Bend ESTANISLADO & REBECCA 7181,RUREd0RY V 25268 U S 20 W South Bend CHRISTIAN 1530 S Main St South Bend CHURCH INTERNATIONAL INC -E_= !©'COMPANY 1431 S Michigan South Bend C KRONEWITMR 136 E Haney St South Bend MICHAEL O & LEATRICE M Page 2 of 4 IN 46613 IN 46613 IN 46613 IN 46624 IN 46619 IN 46613 IN 46613 IN 46613 IN 46613 IN 46613 IN 46601 AL 35147 IN 46613 IN 46628 IN 46624 IN 46613 IN 46613 n PARCELID PARCELSTAT NAME_1 MAILINGADD MAILINGCIT MAILMAILINGZIF 018 - 8005 -0269 71 -08 -13 -156- ELRO COMPANY 1431 S Michigan South Bend IN 46613 027.000 -026 LLC 018 - 8005 -0243 018- 8005 -0272 71 -08 -13 -156- CHRISTIAN 1530 S Main St South Bend IN 46624 014.000 -026 CHURCH AIR 46613 INTERNATIONAL CONDITIONING INC 018 - 8005 -0276 018 - 8005 -0265 018 - 7024 -0952 018 - 7024 -0951 018- 7024 -0950 71- 08- 13 -15& 029.000 -026 71- 08- 13 -156- 013.000 -026 1517 S Michigan St South Bend 2017 S. Scott St. South Bend 71 -08 -13 -180- 13715 QUITO RD Saratoga 006.000 -026 AC M JT /F 71 -08 -13- 180- $I"l�illS 608 E South St South Bent 007.000 -026' 71 -08 -13 -180- AY 122 E Haney St South Bend 008.000 -026 H IN 46613 IN 46613 CA 95070 IN 46601 IN 46613 018 -8005- 024601 71- 0843- 156 - - & P 0 Box 90 South Bend IN 46624 024.000 -026 018 - 8005 -0243 71 -08 -13 -156- d GOFF HEATING & 1417 S Michigan St South Bend IN 020.000 -026 AIR 46613 CONDITIONING & CO INC 018- 8005.0260 71 -08 -13 -156- STUI)BBtY .-R 1426 S. Main St. South Bend IN 46613 009.000 -026 I$O'C�`AL`NO,S� ' -'ffim CORP. 018 -8005- 024601 71- 08- 13- 156 - TEPE ELMER H & P O Box 90 South Bend IN 46624 024.000 -026 TEPE ROY J & DBA ELRO CO 018.7026.1048 71 -08 -13 -177- LIFE 1402 S Michigan St South Bend IN 46613 005.000.026 TREATMENT CENTERS INC 018 - 7026 -1044 71- 08 -13- 177 - 'CITS':O.-iSOUTH 1300 City-County South Bend IN 46601 006.000 -026 Building 018- 8005 -0245 71 -08 -13 -156- GOFF HEATING & 1417 S Michigan St South Bend IN 46613 021000 -026 AIR CONDITIONING & CO INC 018 - 7026 -1059 71- 08 -13- 177 - FUF,ME'T2`L.GZUG 1420 S Michigan St South Bend IN 46613 003.000 -026 018 - 7026 -1057 71- 08 -13- 177 - r. �, <s °''�- 119 E Haney South Bend IN 46613 011.000 -026 rg� O -b VICTOR & SE -Er SFER NO ..Stir 018- 7026 -1056 71- 08 -13- 177 - HINKLE 119 E Haney South Bend IN 46613 012.000 -026 WILLIAM C & LOPEZ VICTOR & BARBARA SEE TRANSFER NOTES 018- 7026 -1055 71 -08 -13 -177- HINKLE 119 E Haney South Bend IN 46613 Page 3 of 4 PARCELID PARCELSTAT NAME-1 MAILINGADD MAILINGCIT MAILMAILINGZIF 013.000 -026 WILLIAM C & LOPEZ VICTOR & BARBARA SEE TRANSFER NOTES 018 - 7026 -1054 71 -08 -13 -177- : A 125 Haney South Bend IN 46613 014.000 -026 018- 7026.1053 71 -08 -13 -177- 0 160N Summit Dr South Bend IN 46619 015.000 -026 IlK(C 018 - 7026 -1051 71 -08 -13 -177- SAINT LUKE 160 Summit Dr South Bend IN 46619 016.000 -026 MEMORIAL CHURCH INC 018 - 7026.1058 71 -08 -13 -177- FULMER L CRAIG 1420 S Michigan St South Bend 002.000 -026 IN 46613 - 018 - 8005. 024301 71 -09-13 -156- GOFF BEATING & 1417 S Michigan South Bend IN 46613 021.000 -026 AIR CONDITIONING CO Page 4 of 4 AREA PLAN COMMISSION OF ST JOHN W.8YORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571 November 25, 2013 Area Board of Zoning Appeals 125 S. Lafayette, Suite 100 South Bend, Indiana 46601 RE: Area Board of Zoning Appeals Meeting Dear Board Members: Common Council Attn: Janice 4t11 Floor County City Building South Bend, IN 46601 The following comments are being made concerning some of the items to be heard at the Area Board of Zoning Appeals meeting on Wednesday December 4 2013. The absence of comments on any particular item should not be construed to mean that the staff agrees with the request, Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. I. Petition of Wharf Partners, LLC. When the current ordinance was developed in 2004, special consideration was given to differentiate the area of the Central Business District west of the river from the area east of the river. A maximum height of 60' was established on the east side of the river to be consistent with the existing structures and character of properties, with taller buildings allowed west of the river. In 2008, the Redevelopment Commission, Area Plan Commission, and South Bend Common Council adopted the East Bank Village Plan, Phase One. The East Bank Village Plan identifies the preferred use for this property as high density mixed -use with illustrations showing a building more consistent with the height of the adjacent Stephenson Mill and Commerce Center buildings, reinforcing the idea of limiting the overall height of development along the East Bank. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE. NEW CARLISLE, NORTH LIBERT Yj OSCEOLA,'8 �R'O$'ELAI -iD" W W W. STIO S EPH C 0 U N TYING IANA.0 OM 7• Petition of Burkhart Advertising, Inc. It is the staff's opinion that the petitioner has not illustrated a physical hardship on this particular parcel that the sign is located, that would result in practical difficulties in the use of the property. As stated in previous comments from staff on other petitions pertaining to digital signs (electronic message centers) and conversions of those signs to digital, the petitioner is on notice that, if and when the community addresses any changes to the off - premise sign requirements within the zoning ordinance, this billboard may be subject to those requirements, specifically to the luminance of the display. Special Exception t Special Use A special exception use /special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, (3) The proposed use ' be consistent with the character of the district in which it is located.and the fano ases_ thorized therein; (4j The proposed use is com ible with the recommendations of the Comprehensive O /.. a.... -... .. 8. Petition Luis A. Renteria - Morales.' Based on information available prior to(thi Board meeting, the staff recommends that the special exception be sent to the CoT� Council with a favorable recommendation. toff recommends the_feraeeti9riance be approved at a height of 8', and reminds the Boat that the fhce may not be erected in the site triangle between Haney Street and the north /south alley. The staff recommends that the front setback and residential bufferyard variances be approved, with the exception of along Michigan Street on the west be approved to 5', and with stripped parking spaces at 9'x20' per space with a 24' drive aisle and one parking island perpendicular to Michigan at both entrances. (1) The proposed use will not be injurious to the public health, safety, comfort community moral standards, convenience or general welfare. The property was previously used as a car wash, an auto - oriented use. The proposed car sales is also an auto - oriented use. As a Special Exception, additional development standards can be imposed as part of the site plan in order to alleviate some of the concerns addressed by this standard. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed use is located along the Michigan Street south gateway. Existing uses include car rental, engine part store, and grocery store. The proposed use will not adversely affect the use of the adjacent area or property values. SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W WW. STIO S EPHCOU N TY IND I ANA. COM &�� PQ�' - , RESOLUTION NO. A RESOLUTION RECONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 4601 NIMTZ PARKWAY TO BE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT AND EXTENDING THE ABATEMENT FOR 1 YEAR AND CHANGING OWNERSHIP FROM SOUTH BEND GEAR TO SOMASCHINI NORTH AMERICA 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 4601 Nimtz Parkway, South Bend, Indiana, and which is more particularly described as follows: This real estate is commonly described as: vacant land North of and adjacent to 4701 Nimtz Parkway, said property having frontage on Showerlux Drive, South Bend, Indiana 46628 and is legally described as follows: that part of the Southeast Quarter of Section 20 and the Southwest quarter of Section 21, both in Township 38 North, Range 2 East, German Township, City of South Bend, St. Joseph County, Indiana which is described as: Lot # l0A as shown on the plat of "H.G. Baus Centre - Phase One First Replat" subdivision recorded by Document No. 0746267 in the records in the Office of the Recorder of St. Joseph County, Indiana. Containing 5.54 acres more or less. Subject to all legal highways, easements and restrictions of record, and which has Key Number 71- 03 -21- 300 - 001.000 -009, 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 PRESENTED NOT APPROVE4 P,DOPTC;I 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 reconfirms 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 until February 15, 2015. The Common Council hereby confirms that Somaschini North America may assume the tax abatement previously granted to South Bend Gear. 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 (5) five 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 see 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. () (-k 56 Member of the Common Cou cil Filed In Clork"s 7JA1`� i.�;•s. JOHN Vpt7s M. CITY CURK, 54U'i!i }iE Vlli, IN C__ 6-t (� O�) - t 1�-� i 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 1240 WEST THOMAS STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN (6) SIX -YEAR REAL PROPERTY TAX ABATEMENT FOR BOYD'S SERVICES WHEREAS, a petition for real property tax abatement has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 1240 West Thomas Street, South Bend, Indiana, and which is more particularly described as follows: Lot 48 Fowler's Second Subdivision and which has Key Number 018 - 3074 -2912 at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et LN., and South Bend Municipal Code Sections 2 -76 et sue., and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code § 6 -1.1 -12.1, et seq., and South Bend Municipal Code Sections 2 -76, et seM.c., 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 Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code § 6 -1.1 -12.1 et sue., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the, redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3. SECTION I11. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code § 6- 1.1- 12.1 -3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of (6) six years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. 2 SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code § 5 -3 -1 and Indiana Code § 6- 1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PRESENTED NOT APPROVED ADOPTED Member of the Common Cooficil 5 for/���Vo�,,,s�,,,,u,``t,��p�.�i'.;55�y���6'Tqn {���G��a��ti'.'� �w�I1� EP6 SQU'rli SEND, IN 227 W. JEFFERSON BOULEVARD SUITE. 1400 S. SOUTH BEND, IN 46601 -1830 CITYOF SOUTH BEND PETE BUTTIGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUTIVE DIRECTOR January 24, 2014 Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 PHONE: 574 /235 -9371 FAX: 574/235 -9021 RE: Real Property Tax Abatement Petition and Personal Property Tax Abatement Petition for: BOYD'S SERVICES Dear Council Member Ferlic: Please find attached the Department of Community Investment's report on a real property tax abatement petition for the above - referenced petitioner. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The project calls for the renovation of a historic building located at 1240 West Thomas Street. The report contains the Department's findings relative to the above petition. The total cost for the renovation is estimated at $114,255. The project meets the qualifications for a six -year real property tax abatement. A representative from Boyd's Services will be available to meet with the Committee on Monday, February 10, 2014. 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 -9339. Sincerely, Brock Zeeb Director Economic Resources Attachments cc: South Bend Common Council Members Mayor Pete Buttigieg Scott Ford Chris Fielding ASSISTANT EXECUTIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRIS FIELDING JITIN KAM PAMELA C. MEYER BROCKZEEB 227 W. JEFFERSON BOULEVARD SUITE 1400 S. SOUTH BEND, IN 46601 -1830 CITY OF SOUTH BEND PETE B=GIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, EXECUT vF DIRECTOR TAX ABATEMENT REPORT TO: SOUTH BEND COMMON COUNCIL FROM: KATHY HAHN SUBJECT: REAL PROPERTY TAX ABATEMENT PETITION FOR: BOYD'S SERVICES DATE: January 24, 2014 PHONE: 574/235 -9371 FAX: 574/235 -9021 On December 18, 2013 , a petition for real property tax abatement consideration for property identified as 1240 West Thomas Street was filed with the City Clerk by Boyd's Services. Pursuant to Chapter 2, Article 6, Section 2 -82 of the Municipal Code of the City of South Bend, this petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to I.C.6 -1.1 -12.1 and whether all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. PROJECT SUMMARY Boyd Services has two divisions: Residential Rental and Funeral Trade Provider. They would like to revitalize and preserve the 1920's Indiana Historical Landmark Fire Station Number 4. After the rehabilitation, the existing structure will serve as a vehicle and equipment storage for their rental division and also as a funeral home crematory location. The owner of Boyd's Services has over 14 years of experience in funeral services and holds a AAS and a BS in Mortuary Science. Boyd's Services has 6 years of experience in the residential Rental Business. ASSISTANT EXECUTIVE DIRECTOR PIANNING NEIGHBORHOOD ENGAGEMENT ECONOMIC RESOURCES CHRIS FIF.IDING JITIN KUN PAMELA C. MEYER BROCKZEEB RE: Tax Abatement for Boyd's Services January 24, 2014 Page 2 Boyd's Services has two divisions which are both service businesses. Our tax abatement ordinance does hot have a provision for incentives for service businesses so this would be an exception to the Code. However, approval of the abatement contributes to the revitalization of historic building and the surrounding neighborhood. The total taxes to be abated during that term are estimated at $9,272. Total taxes to be paid during the six -year term are estimated at $13,166 EMPLOYMENT IMPACT Per the petition, it is estimated that the project will create one new, permanent full -time position with a salary of $24,960. It will retain one existing permanent full -time position with a salary of $33,280. ABATEMENT QUALIFICATION A review of the tax abatements previously granted finds that the petitioner has not been granted any previous abatements. 2. The Building Commissioner has reviewed the petition and finds the property to be properly zoned for the proposed project. 3. A review of the South Bend Redevelopment designation areas finds that the property is located in the West Washington Development Area. 4. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner will need to be granted an abatement as an exception to the Code under Section 2 -84 Council's Authority to Enlarge Real Property Tax Abatement General Standards. Y m �IW Lq b }mr�(c� N t7 o e now } W p m O O h aO� } ui 0 O C6 m� ea• e"�lo ^ro a x 0 0191 R(p W N mm0 ZI- W N m m I m a N O m r m m - CJ CD th X 0 yI N O p ~ n O n n a aZ C nnnnn E M o6 F- f m of of ni ai Ci O OI N U � y N X j w � X Z a m mi of of C6 C6 m N t f m Lu c V NN pyp� X NNN ` ,HF NNN N O� w �I QC U j of 3 e ?I "N NO mm N 4 a� 0 O 0 R m N p m a$ C.t a1 0 a m m E �€ m m D ha m $ m E now O� N m m vi C m e N W Om�HQ W W +m.. N OON O N } 1°OWN N � m .QC N 3 v • C ti� m OQ N O W QiO N o O AIn- -r p t p m ON n ci m l a N m N H O y cl n N N N p m 'A v, O n } N m H O m � o, v C . m � m 3 0 �oo'on o wino rn� clm o man o�i m 3�I mo N e- l7 l0 1 Y Q m a° C 03 c x �rg 0 m $mom N O N N C Q N 0) 'ru 00 > fJ m E 0 Q. Z�a aR C Ym ° a O x t ? m pmH> N m ° ° m A m� a v bi Lu x U x > m mx '3 ow" no p ryM,182 LD Lo E a 9xv°ol_° Y� 0. d� �z 0 � z mt5oc5 p E W m U r x 0 0191 R(p W N mm0 ZI- W N m m I m a N O m r m m - CJ CD th X 0 yI N O p ~ n O n n a aZ C nnnnn E M o6 F- f m of of ni ai Ci O OI N U � y N X j w � X Z a m mi of of C6 C6 m N t f m Lu c V NN pyp� X NNN ` ,HF NNN N O� w �I QC U j of 3 e ?I "N NO mm N 4 a� 0 O 0 R m N p m a$ C.t a1 0 a m m E �€ m m D ha m $ m E 24- Jan -14 Public Benefit Points Summary Qualify Public Benefit Item: r N Earned Points Available Points Protect Ralatatl• i • A. Redevelop a Site that has Special Needs N 0 49 B. Develop Based on Local University Research N 0 35 C. Achieve a Physical Element of a Plan N 0 36 Sub -total Project rt.rstad: 0 120 2. Sager Size Protects (point values are cumulative)- A. 100% to 199% N 0 B. 200% to 299% N 0 68 C. 300% to 399% N 0 D. 400 %, and Over N 0 52 Sub -total Super Size Projects: 0 210 3. Construction Related: A. Employ Local Companies - Y 20 B. Purchase Materials from Local Companies Y 20 20 C. Require Employees vs. Independent Contract< N 0 20 D. Require Target Wage Levels N 0 19 E. Require Health Benefits Y 22 22 22 F. Require Pension Benefits N 0 18 G. Maintain Affirmafive Action Plan Y 20 20 Sub -total Construction Related: 82 141 4. Wage & Benefit Related: A. Pay Target Wage Levels Y 33 33 B. Provide Health Benefits - Y 34 34 C. Provide Pension Benefits N 0 29 D. Provide Training Y 28 28 E. Provide Child Care N 0 15 F. Provide Transportation Assistance Y 14 G. Provide Employer Assisted Housing program N 0 14 9 - Sub -total Wage & Benefit Related: 109 162 5. Workforce Related: A. Create New Jobs Y 42 42 B. Retain Existing Jobs Y 41 41 C. Maintain Affirmative Action Plan Y 35 D. Provide Targeted Hiring Preference Y 34 35 34 Sub -total Workforce Related: 152 152 6. Pay for Municipal Infrastructure: (point values are cumulative): A. Pay for Oversizing or Upgrading N 0 B. Pay for 26 -50% of Extension Cost N 0 14 C. Pay for 51-75% of Extension Cost N 0 26 D. Pay for 76-100% of Extension Cost N 0 39 52 Sub -total Infrastructure Related: 0 131 7. Support a Municipal Faefllty A Support a Municipal Facility Y 84 84 Total Public Benefit Points: 427 1000 `Qualification for each Public Benefit Item based on best available information good falth determination if no information available. at time of application or Additional Years of Abatement Multi - family Development Projects: Other Development Projects: Subtotal from Points Summary: 427 Base Years of Abatement Additional Years of Abatement: 3 Total Years of Abatement: g FIRE BOYD'S SERVICES end SOUTH ked drstnels aonHiXadV+d� Home Idrea Yfh4,iP W. THOMAS ST. IN 46 OWNER 812 -7i tb dh"Mrcksseaoe 1 mnomlc& -d"m xrekvm ammm�t -. LAND CONTRACT � 3005 :r455 @ h mmWmYandpro)e}t Boyd Services has two divisions: Residential Rental and Funeral Trade Provider. With the help of the City of South Bend it is our. objective to revitalize and preserve the 192018 Indiar Historical Landmark Fire Station No.4. Revitalization will allo the existing structure to serve as vehicle & equipment storage for our rental division and a funeral home crematory location allowing us to serve the direct public with affordable deathcart prices. The owner of Boyd's Services has over 14yrs. of experience in funeral services and holds a A.A.S. & B.S. in Mortuary Science. Boyd's Services has 6yrs. experience in residential Rental Business. O%dTedmroldW►akappiopiYle7 nmwmMYkmr�OUtlmnFidwamnt� � - YES. ffY dutow Permit Mo net k[im. 0. rMetldneyE Brylpmmd, dslT r F'urnflure/ptm rCOmWMflflltrdswia... sor rc so I so Itemnlidraausture - $0 50 ReFHw,kn asftcWe _ .. ___t - $0 1 so $0 $0 $0 $0 $° So I so I so so $0 - ncmp`gaxr $ t. liglena tortl�e pryetti _. ditbeing P bradamoutofsh4PorNepmjm7 $56,000 NO ti $8,000 aaMgl..+evef s so S Sf gowa�eceaa 5 52,238. $ $53 Wlkdift on n Meteundeig'1 n$3003.95 $0 1 so $0 $0 $0 $0 $° So I so I so so $0 - ncmp`gaxr $ t. liglena tortl�e pryetti _. ditbeing P bradamoutofsh4PorNepmjm7 $56,000 NO ti $8,000 'oniplou bebw fbf Real or personal properiY Tax Abatement only.' '. Please Si$ih fo�all requestedincenthres; `` : publk Beeettt lteln: In on is required on both the aonstnuctton oompanles and the companies which will provide rttaterials pufasedfor this project Please complete the table below with the (yetor Mmed Avallabre Pahrhs appropriate ittformatlon. . .. 1 fbns4adw Rebated (rontractorst .. A. EtnpWy LOCaiCOmpanks.(25 %) ... YES ' 8• Purchase Materialshrom toolCompanies.(75 %) YES 20 C . . Require Empbyees vs.l4dePendemCOntratYOrs . . ... 20 D. Requfre. 0reva0in8Wase (Daviseacon):' :.. .. 19 ' E• Require Heath Beaefrts -- it YES F Require Pensbn.Benefi[s 22 G Maintain Affirmative Action Plan YES zo . Subtotal rOnsbocHon Ref t - 0 141 2 wale & ee -a. Related H)xmerl . A. : Pay Target wage Levels YES fL Provide Hmfth Benefus YES 33 c Provide Pension Benefits- 34 Provide Training YES 29 E. Provide Gild Care .. _ 28 F. Provide Transportation Assistance YES 35 G. Provide Em Pkryer Assisted Housing program -� 14 9 .' Sub -total Wage & Benefit Related:- 0 162 .. 3 Werldnrna aelsesd A Create New lobs - YES. B. Retain:Fxhting lobs ' YES 42 C Maintain AfRmiativeAcdonPlan - YES a1 D. Provide Targeted Hidng Preference YES 35 Su44opl workforce Relatede 34 0 4. � Suaoarta MuNdaaf rxux.. � 152 . .0. Support a Municipal Facility (donations to the wo, conservatory museum, etc) YES - Name of Puiidy STUDEEAKER NATIONAL MUSEUM Sk&.. 1 Munkipal FidNry: 0 84 . - 3ubtotslfrem Abover - - .. 0 539 The undergfgned ametlsl of maiproperty, located within theCaty of South Bend, he of South Send for real propertYtax abatemeMOwrsidehatipe riypetiNorithe 6ommantoundlof the h ( ty and pursuant to I.C, 6.1.1- 12.14; S se „and South Bend Municipal Code Sec. 2 -76 etSM.. for this petition state the above, WO LCI-Tnya�er, , rare, IN PROPOSED LOCAL LANDMARK 1240 WEST THOMAS SOUTH BEND, INDIANA Historic Preservation Commission of South Bend and St. Joseph County April 1999 FlIcd f _ y LF ;•:,� X1713 f CITYCLEL." 1k, f rjkll) C7iO -3t�0gSC fZ /nP 51900 ORDINANCE NO. __ jB 3 j- AN ORDINANCE AMENDING THE ZONING ORDINANCE, AND ESTABLISHING AN HISTORIC LANDMARK FOR THE PROPERTY LOCATED AT 1240 WEST THOMAS STREET, IN THE CITY OF SOUTH BEND, INDIANA. STATEMENT OF PURPOSE AND INTENT Whereas, the Historic Preservation Commission of South Bend & St. Joseph County has petitioned for the designation of the following described real estate as an Historic Landmark Ordinance No. 5565 -73, as amended to wit: Lot 48 Fowler's Second Subdivision Whereas the Historic Preservation Commission of South Bend & St. Joseph County has recommended the designation of the PROPERTY as an historic landmark. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. That the above described PROPERTY be, and it is here designated and established as an Historic Landmark under Ordinance No. 5565 -73, as amended. Section 2. That this ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and its publication. LEADING '00AA f\g ro HEARING q -LIAJ READING- 1,'I -�jfl A"ROVED ;RED ^ -.. eA Filed In Clerk's Ofljt< jre �, 2 :i 1999.`... fl!"V UlYfiii, •s /), LfFilLfi, ii! Member of the Common Council Agreement Contract This Agreement contract is set forth, per signing date below, between Eric A Boyd (hereafter known as "buyer") of 1207 W. Thomas St., South Bend, IN 46801 and Brian L. Margolis of BLM GROUP LLC (hereafter know as "seller") of 4891 Torlda . Way,.Yorba Linda, CA 92886. The buyer promises to pay the sum of $4,298.04 to the seder for properties located at: 1240 W. Thomas St., South -Bend, IN 46601 and 530 Alien St:, South Bend, IN 46601, for the said and agreed amounts itemized below. Property Address Base Amount + 2010 Taxes = Subtotal Amount Due 1240 Thomas St. $1,000.00 + $1,227.24 = $2,227.24 + *Is Aste ew ire ,.t. 530 Allen St. $1,100.00 + $ 970.80 =$.20� r *76Trhspscrw tom•. Total Due= $4,298.044 -1/3^'00 As agreed, Brian L. Margolis of BLM Group LLC, as seller, in understanding this contract, does the foilowing acts: 1) pays the 2010 Property Taxes due in 2011, as listed above, with promised reimbursement from Erick Boyd; 2) secures the Tax Sale Deeds for the above properties by submitting the receipt for said properties and their corresponding Tax Sales Certificates 3) transfers the Tax Sale Deed to Said Property at 530 Allen St, upon receipt of $2,070.80; and 4) holds the Tax Sale Deed to Said Property at 1240 Thomas St. for not less than four (4) months and not more than six (6) months until receipt of $2,227.24:- - As agreed, in addition to Eric A. Boyd, as buyer, purchasing the properties for a total of $4,298.04, he, as the buyer, wilt pay any and all additional expenses related to any of the two properties, including, but not limited to those related to the City of South Bend Department of Code Enforcement's current court filings. B an L. Ma o0; � uP LLC aD t 4 Eric A. Boyd Date Nd££:M EWE 2Z 'd =.g EEa_ -QES -t TL: 'ON }(Hd BR/ANL. MARGOtlS BLM GROUP LLC 4894 Wde Way Yorba Unda, CA 92866 (744) 528 -9329 To: Eric Boyd (sent to FedEx store) 9/28/12 1207 W. Thomas St. South Bend, IN 46601 812/704 -3005 Enclosed is the edited copy of our Agreement Contract of January 2012, which includes the property at $30 Allen St, South Bend, IN, per your request. Sincerely, Ed Wdt£:£0 _gin__ __ c_g Ec£6 -2ZS -bit: 'ON Xtlj W l N19Id6: S�cd 1240 Thomas St, South Bend, IN 46601 Directions, Location and Map I MapQuest MmapIque-511 Map of 1240 Thomas St South Bend, IN 46601-2645 I of I FREE NAVIGATION APP Enter your mobile number SELECT: 0 IPHONE 0 ANDROID J 1 'sion St —J ........ F1 V vvE s a IA sHIIG 'v, Tov ----1 Fi I.- VE S Wtist Washington 10 t — WJ W;Ie7asm Elvd::p I F- r — ------ 7M II Page Nao&st- 11 1 1 0 u UTI it I I ((, 1) 0 -ksk M14 mapqum t Portions ®209A - 02014 MapQuest Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content road conditions or routs usability. You assume all risk of use. View Terms of Use Before RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ENDORSING THE "SPRING FORWARD" — A COMMUNITY BEAUTIFICATION INITIATIVE TO HELP DETER BLIGHT, VANDALISM AND THEFT OF VACANT AND ABANDONED BUILDINGS BY UTILIZING CREATIVE AND ARTISTIC BOARDING 6WZe, the South Bend Common Council notes that many communities across the nation, who are dealing with abandoned and vacant buildings, have instituted creative programs to help improve these sites so that they would not be such eyesores and "magnets for trouble" while awaiting rehabilitative or demoltion; and C)fig;m4 the Common Council further notes that a Housing Court Judge in Cleveland, Ohio, began testing such a program in 2010. It required boarded up structures to be secured and have plywood panels which were painted to look like windows or doors which resulted in very few of these structures being subsequently broken into or vandalized. The program was later expanded to utilize non -profit and neighborhood organizations, and students utilizing their artistic talents; and last year, the City of Chicago "Safe Passage Program" received world -wide attention when volunteer artists and neighborhood associations partnered with the city so that the public could see "progress and change" through decoratively painted panels such as those depicted on the `Board -Up Art" map in the attached exhibit. The program incorporates concepts of artist Chris Toepfer, who is the President of NeighborServe, Inc., who began working on artistic board -ups as early as 1995 after he visited more than 3,000 "ghost buildings" in 17 U.S. cities. He artistically boarded up 750 of them which resulted in 90% of those structures being saved from demolition and being restored for reuse; and 4 the Common Council notes that other positive results of similar artistic boarding programs are taking place such as the one in Cincinnati through their "Future Blooms' — a project of "Keep Cincinnati Beautiful focusing on neighborhoods in transition; as well as in Milwaukee, Wisconsin and its "Artistic Board -Up Neighborhood Revitalization Initiative" which began in 2012 and is aimed at reducing the " stigma of blight caused by abandoned buildings'; and GWACan4 the Common Council recognizes that the Neighborhood Resources Corporation has partnered with neighbors, neighborhood associations, and local businesses to prepare to formally launch Spring Forward: A Community Beautification Initiative in early 2014 in South Bend, Indiana; and Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large City of South Bend Common Council 441 County -City Building • 227 W. Jefferson Blvd South Bend—Indiana 46601 -1830 February 17, 2014 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Spring Forward. A Community Beautification Initiative Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 . http:l /v .soutbbendingov We are very excited to introduce for your consideration and hopefully unanimous adoption the attached Resolution on Spring Forward. A Community Beautification Initiative. I am also attaching a brief 9 -page summary which gives greater details about this community -based program which utilizes artistic boarding for vacant and abandoned buildings. We have had the honor of working at the grass roots level with many dedicated individuals from the Neighborhood Resources Corporation (NRC), neighbors and neighborhood organizations, local businesses and the city who are working hard on this "neighborhood initiative designed to bring communities together to beautify their neighborhoods ". Two (2) key dates will be filled with much anticipated activity: March 81h Painting Day * March 9th Installation Day with many prior_ events lead ing"° to the public unveiling of the many artistic paintings iativ . which. will be a part of this overall initWe -west that you refer this Resolution to the Residential Neighborhoods Committee so we can Mare more information. We ask—you to join-us-and-be-part -cif-tfiie growing excitement and enthusiasm which is fostering the Spring Forward. A Community Beautification Initiative aimed at temporarily curbing blight and crime in our neighborhoods. Thank you. Most sincerely. ,• I" District Council Member Henry Davis, Jr. 2v' District Council Member Karen L. White Council Member at Large Oliver J. Davis 6 °i District Council Member . ■ 72 co 0 • a A J cu _U 4— s� t • E E 0 U C-14 i ■ s� ♦a Mimi ■ ssssa s ss_ 0 J (� L c o 0 Q. Q �U U c L CO O L ry 0 � U o Q .Q •Q� caL ) Z L C co= �CO)� cu 0_ U a c� N P- r> •- 0a M 0 cB _O E 'f0 N 0 C 0 30 0 0 cu U N N U +&-. C 0V o 0 cu (D W E E N a ca O Q N .c .� .- N � Q 0 +• N , CO O i O C a) r— 0a0 a '(� cu r '0 0 c6 O C* " R3 U cu 0 cu CO N CD O O V O to > A > Cl) U ++ co ,O co .cl) ,Q N y� O E �.L O N L 'C Q} N N 0 N .E Q. 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N OC C Q D U C •N' O N N ~•+ _ 3_ _N C p E L- C L O) co C N c6 p O N; U> Q3 N O U C ++ -a O _a p-0 O= 4) N C 0) .Q Q p cQ c6 p C C N Q• N CU N 0 2 N to N N M N V > O �_ c� Q cc O Q c6 0). 't 'C V L- .- N C p N cm m N 'O O C 'cu N co O .O 0 0 O 'O L -Q O N 'N C N Q O '� �D fn c6 Q N p D cn ca N U 0 � CO 0 0 Q— Co L N N O O -C . Q 'N N L N CO) p ±I c•) p C L O = O N t6 � p 'p p Q c6 O O (n 0 L Q ' _ M co cu N N O -C uNi u� O O .-. 0 0 o w H ca 0 m Z 0 C c6 U) i N L 0-2 Rf .Q U "6 N v O) U 19 C W-41 U O O L Q dam+ C V O CN C O U O C c6 U O O O C O .O C ca N O U E cu O U C co LP cu r Q E O U E U U p V _O _O in Y U L c6 N O CL UU, N cc An L U L v (c E O U Spring Forward, a "Future Blooms" type project The mission of this project is to beautify the window and door coverings, usually made of plywood of the vacant and abandoned homes in South Bend. This is a neighborhood defined project, in which neighbors, neighborhood associations, the NRC, cstackstudios, LLC., local businesses, and the city work together to identify the abandoned homes most in need of temporary surface treatments. "The Broken Window Theory" provides a framework with proven success to address this issue of vacancy. By painting doors, windows, and awnings on the barricades of abandoned homes, Spring Forward will be able to restore a sense of identity to local neighborhoods, encourage economic development, and provide awareness of local business opportunities. Steps: 1. Meet with local neighborhoods to identify two things: local artists and homes that are most problematic within a given neighborhood. Using the services of the city we are able to identify all vacant homes and come up with a database of homes that have the potential to be used for this project. By working with neighbors, neighborhood associations and community organizations, pinpointing specific areas and homes is made possible. A web interface will be created to provide images, addresses, and specifics of each home. 2. Once the homes have been identified and each neighborhood has been both made aware of the project and invited to participate, a planning committee will be initiated. This committee will organize the homes, match them with artists and also solicit local businesses to sponsor each home. 3. Once sponsorship, artist, and home have been paired for all homes within a given neighborhood (by February 1 "), supplies will be gathered, and each homes specific window and door replacements will be cut to size and prepared. The initial sketches and designs for each home will be submitted to the "Spring Forward" committee for approval and finalized. 4. On Saturday, March 8, artists, committee and other volunteers will be working to make the paintings. (Media will be in attendance for both days). This local event can and should be hosted in a location relevant to each neighborhood, i.e., a place where people feel comfortable, safe and have the space to do the work. These images will be photographed and documented and accredited to the artist and their sponsoring business for records on this evening. 5. On Sunday, March 9, artists, the committee, and volunteers will install the plywood panels on each home. These will be documented and an evening celebration at a local gathering spot will be prepared. 6. Assessment, recognition, documentation, and follow up will be conducted both during and after the event. This will be conducted in tandem between neighborhood associations, the NRC and cstackstudios, LLC. Roles: a. The NRC will function as the intermediary between the artist studio, cstackstudios, LLC., neighborhood associations, and the appropriate city offices. They will coordinate the action plan, provide a 501(c) 3 status for the project, act as fiscal agent, and assist with all aspects from planning, to implementation, to advertising and to solicitation. b. cstackstudios, LLC., will function as the coordinating business that prepares the Project, works with the neighbors, takes measurements, identifies and contracts local artists, approves imagery, oversees the event, and assists in its implementation, documentation and assessment. c. Local neighborhood associations will identify the most problematic areas and homes, identify local artists and those with talent, provide a common meeting and gathering space within the neighborhood and actively promote the project to other community organizations and groups. d. Local businesses will provide funding for the project and will have their logo placed somewhere visible within each painted surface, per home. They will also provide assistance and volunteers on March 8 and 9. e. The City of South Bend will provide records of available homes, permits for replacement of covering materials, and access to each abandoned or vacant home. f Local artists will be identified and gathered and offered the opportunity to work on the project. This structure provides financial incentive for each of the artists involved. g. Volunteers will assist in preparing the surfaces, overseeing and helping with'the two - day event, and assisting in the installation of the panels. Financials: • Per house sponsorship for local businesses (either full house or just front fagade) includes supplies and materials, labor (artist fee), administration and coordination, and advertising. • Supply and materials will be determined on a per house basis. • Artists will receive $100.00 per fagade treatment per house • The NRC will receive $100.00 per house for coordination • cstackstudios, LLC., will receive $100.00 per house for administration and implementation • The local neighborhood association will receive a $100.00 donation per house for active advertisement in their neighborhood. • The average total cost per house for a front fagade is $500 • Full homes or homes with more than four front windows and a front door will be calculated and adjusted accordingly. �\ V31,11 AIVALr' am STrp. t!"V ASHLAPT E� upw \ M a E S ƒ \\ ej � ci I /} /§ /\� ,6: E f.s /C ).CD CD imiA C4.; C4. %, Ld About the 933 Bridge Project South Bend art studio cstackstudios was brought on to undertake the renovation and beautification of the pedestrian bridge that runs across 933 between Angela Blvd and Northshore Ave. The pedestrian bridge is the northern gateway into the city and has been due for a face -lift to better reflect the continual progress of South Bend. Over the course of the summer local artists, volunteers, and students have created a mural to enhance this entryway into the city. Artist Christopher Stackowizc highlighted local architecture in the mural to create something that incorporates the history of our Studebaker heyday and the possibilities of our future. The 933 Bridge Project is the first of several projects that are slated over the course of the next five years, designed to help with the revitalization of the area. The goal is to be able to help facilitate the physical transformation our city and its community deserve, to be the place that we all recognize it can be. With all cstackstudio projects we welcome the inclusion of local artists and volunteers as it allows individuals to take part in the enhancement of their city. We are excited to be involved as South Bend begins another stage of its continuous development in an effort to unlock its true potential. This project is one of several that developed out of the Actionable Economic Development Forum, a group of local leaders from business, city government and the Chamber of Commerce, which was convened in the spring by the Community Foundation of St. Joseph County. Together, this group of qo worked through a process led by project consultant Nick Easley to identify specific local economic and social challenges, brainstorm solutions, and then launch fast -track pilot projects to address them — achieving significant results in a short period of time. The Actionable Economic Development Forum was made possible by the Community Foundation of St. Joseph County, the University of Notre Dame, Judd Leighton Foundation and Union Station Technology Center. 3�llti�. ELI- o RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, GRANTING PRELIMINARY APPROVAL TO A PROPOSED ORDINANCE AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO RECOMMENDATION OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) WHEREAS, the South Bend Common Council substantially revised and amended Chapter 17, Article 2 of the South Bend Municipal Code by passing Ordinance No. 10095 -11 on June 6, 2011, to conform to the federal Model Pretreatment Ordinance published in 2007 by the federal Environmental Protection Agency (EPA); and WHEREAS, in accordance with EPA requirements, the City of South Bend has performed an evaluation of its limitations on chemical pollutants to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River, and has determined after EPA review, that certain pollutant limitations require revision. Therefore, amendments to Chapter 17, Article 2, Division 3 of the South Bend Municipal Code are necessary; and WHEREAS, a proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code is attached hereto as Exhibit A which contains the changes in pollution limitations, and certain minor changes; and WHEREAS, the EPA has the power of final review and approval of any local government law or ordinance which incorporates the requirements of the federal Clean Water Act, 33 United States Code Section 1251 et seq., and the Clean Water Act's General Pretreatment Regulations, Title 40, Code of Federal Regulations [CFR] Part 403, but the EPA will not give its final approval until such an ordinance is approved by the City's legislative body; and WHEREAS, the Common Council of the City is the legislative body of the City of South Bend and now desires to preliminarily approve the proposed ordinance in order to permit the EPA to proceed with its own approval process including a period of 30 days for public comment, after which the Common Council will formally enact the attached ordinance; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The proposed ordinance amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code attached hereto as Exhibit A is hereby approved preliminarily. 2. Subject to public notice and a period of thirty days (30) to receive public comment; subject further to compliance with any other requirement of the EPA, and upon the EPA's final review and approval of the proposed attached ordinance, the South Bend Common Council will formally adopt and pass the attached ordinance pursuant to its rules of procedure. 3. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana, this _ day of 2014. COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA By: J / a im ✓ �u�i� i &w% L. MCniber of the Common Council Attest: City Clerk 2 't j 2014 i li lt`v i S j ( NOT APPPOVW, ADOPTE4 Exhibit A (Proposed Ordinance Amending Chapter 17, Article 2, Division 3 of the South Bend Municipal Code) (Proposed) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS STATEMENT OF PURPOSE AND INTENT On June 6, 2011 the South Bend Common Council substantially revised and amended Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to the federal Model Pretreatment Ordinance published in January 2007 by the United States Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et sea•) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. The EPA requires South Bend to review periodically the chemical limitations of certain pollutants related to the Industrial Treatment Program to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is also necessary that the Municipal Code be amended to correct certain non - substantive errors and to make other minor changes. The substantive changes in this ordinance are subject to approval by the EPA which has reviewed the ordinance and found it to be acceptable. 7,,14 ((S 1,r «A NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be amended to read as follows: SECTION I. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -8. General purpose; prohibited discharges; discharge standards (c) Specific prohibitions. No User shall introduce or cause to be introduced certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are expressly prohibited: (14) Any waters or wastes having a pH lower than 6.0, any waters or wastes having a pH in excess of 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the publicly owned treatment works, or that interferes with any treatment process. Notwithstanding this provision, New Energy Corp., shall users may be authorized to discharge at a pH in excess of 11.0 but not to exceed 12.0 in keeping with its odor abatement efforts. Such authorization will be specified in the user's wastewater discharge permit. (17) Medical Wwastes exeept as peeif.eally authorized by the Direeter, that are not amenable to treatment, that cause Pass Through or Interference that may contribute to blockages in the collection system, or that create a hazard to POTW workers. The Director may require that a wastewater discharge permit be obtained in order to discharge certain medical wastes. 2 (f) Local Standards. (1) The Director is authorized to establish 1Loca1 Limits pursuant to 40 CFR 403.5(c). (2) The following pollutant limits are established to protect against Pass Through and Interference. These limitations may be applied either instafftaneous limitations er daily mmiimtun limit..tiens No per-so Significant Industrial User shall discharge wastewater eenteining in excess of the following daily maximum discharge limitations: j0.00019) mg/L total mercury. (3) The Director may, at the Director's sole discretion, implement local limits through allocation of the Maximum Allowable Industrial Load (MAIL) to Significant Industrial Users. The MAIL is the total daily loading of a pollutant available to be allocated to all Significant Industrial Users. MAILS for the following pollutants are hereby incorporated by reference: 0.3] mg4 a- Arsenic x0.5-]mg4-c Cadmium {— '.3j mg/1 -c Chromium �1.61 mg4ti Copper �1 -3j mgrc Cyanide �1.61 mg4-1 Lead r n n fng m Mercury t-1.91 ng!rn Nickel �1.8] m&rs Silver �3.4] ~mg4-z Zinc allocation in an industrial wastewater discharge permit. Sample results reported as being less than a specific reporting limit may be considered to be less than background concentrations. Background concentrations, or domestic sewage concentrations used to develop MAILS are incomorated by reference. SECTION II. Chapter 17, Article 2, Division 3, Section 17 -10, Subparts 17 -10 (k)(1), (n)(4), (p)(1), (p)(2)(b), and (w)(4) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -10. Pretreatment of industrial wastewater and permits for wastewater discharge, Board of Works powers. (k) Permit Appeals. (1) An administrative appeal from any terms of an individual wastewater discharge permit issued under this Section shall be made pursuant to Section 17 -1(c) (d)of this Division, but the effectiveness of the individual wastewater discharge permit shall not be stayed pending the administrative appeal. (n) Individual Wastewater Discharge Permit Cessation, Revocation, Transfer, Reissuance. (4) The Director may revoke an individual wastewater discharge permit for good cause, which shall be subject to appeal under Section 17 -11(&M of this Division, but the effectiveness of revocation shall not be stayed pending administrative appeal. Reasons for permit revocation by the Director include but are not limited to the following: (p) General Standards for Reports (1) Analytical Requirements All pollutant analyses, including sampling techniques, to be submitted as part of a wastewater discharge permit application or report shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an Ell applicable categorical Pretreatment Standard. If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the Director or other parties approved by EPA.The Director may require more sensitive analysis if reported pollutant concentrations are not sufficient to determine compliance with Pretreatment Standards or to determine if such Standards are necessary. (2) Sample Collection b. Except as indicated in Sections 3 c and -4— d below, the User must collect samples using 24 -hour flow proportional composite sampling techniques unless time - proportional composite sampling or grab sampling is authorized by the Director. Where time - proportional composite sampling or grab sampling is authorized by the Director, the samples must be representative of the discharge. Using pfetoeels (inelud: V appropriate preservation) speeified in nn Gran nn..t 136 and appropriate EPA :donee multiple grab samples eolleeted dnr:ng a 24 haul n ed may he a »� »'r a re__ _ __ °_� __ ..:ted prior , to laboratory analysis as follows: f r e yanide, ntnl ..Len eln and .lade. the samples be eemposited the may lab the field; f r volatile erganie e^ompoouna°- and -eil d nn., the n n... l pan may e n n....no sited in the laberatery. !'_ ab le samples may ee required to show a rm nlianee with ins mtaneo .e l (w) Bypass (4) Bypass Prohibition (b) The Director may approve an anticipated bypass, after considering its adverse effects, if the Director determines that it will meet the three conditions listed in paragraph ''` of this 9°s�an 47 14-. Subpart (a)(i) through (iiil above. SECTION III. Chapter 17, Article 2, Division 3, Section 17 -11, Subparts (a)(7), (c), (d)(1) and (d)(2) of the South Bend Municipal Code shall be amended to read in its entirety as follows: Sec. 17 -11. Administrative Enforcement Remedies, Costs, Fees, Director Reconsideration, User Appeals, Judicial Review. (a) Administrative Enforcement Remedies. (7) Termination of Discharge In addition to the provisions in Subsection (n)(4) "Revocation of Permits" of this Section 17 -10, any User who violates the following conditions is subject to discharge termination: (i) Violation of individual wastewater discharge permit conditions; (ii) Failure to accurately report the wastewater constituents and characteristics of its discharge; (iii) Failure to report significant changes in operations or wastewater volume, constituents, and characteristics prior to discharge; (iv) Refusal of reasonable access to the User's premises for the purpose of inspection, monitoring, or sampling; or (v) Violation of the Pretreatment Standards in Section 17 -8 of this Article. Such User will be notified of the proposed termination of its discharge and be offered an opportunity to show cause under this Subsection 17 -11(C) (a)(3) why the proposed action should not be taken. Exercise of this option by the Director shall not be a bar to, or a prerequisite for, taking any other action against the User. 11 (c) Administrative R'ee�Fines (d) Director Reconsideration and User Administrative Appeals (1) Actions Subject to Director Reconsideration and /or Board of Works Appeal. Any User aggrieved by a final action delegated to the Director under: (a) SubSsection 17- 10(a)(2) requiring a User to restrict the volume or point of discharge; (b) Subsection 17- 10(a)(3) requiring a User to install a storage or flow- control facility; (c) Subsection 17- 10(a)(2) denying a permit transfer; or (d) SubSsection 17- 10(n)(4) revoking a permit. (e) This Section 17 -11, subsection (a), issuing any authorized Administrative Enforcement Remedy. (f) Subsection 17 -10(i) Wastewater Discharge Permit Issuance (g) Section 17 -13 Supplemental Enforcement Action may request reconsideration by the Director within fifteen (15) days of such Director action, and the Director shall have thirty (30) days from receipt of request to make a decision related to reconsideration. If the Director fails to act within thirty (30) days from receipt of the request, or if the Director's reconsideration decision is unsatisfactory to the User requesting reconsideration, the User may appeal such decision to the Board of Public Works upon submission of a written petition for review filed with the Board of Public Works within seven (7) days after notification of the Director's decision, or if the Director fails to act, then the written petition for review shall be filed with the Board of Public Works thirty-five (35) days the date of request for Director 7 reconsideration. (2) Filing Requirements and Procedure (b) A request for Director reconsideration and a petition for appeal shall be deemed timely filed if delivered in person to the Director's office in the case of a request for reconsideration or the Board's office in the case of petition for appeal, or or by titre traxsmissien; or if sent by mail, it is post - marked on or before the fifteenth (15`") day in the case of a request for Director reconsideration, or within seven (7 ) or thirty -five (35) days in case of a petition to the Board for appeal as described in above Subsection 17- 11(d)(1). SECTION IV. Chapter 17, Division 3, Section 17 -13 subparts (a) and (g) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -13. Supplemental Enforcement Action (a) Penalties for Late Reports A penalty of two hundred fifty dollars ($250.00) may be assessed to any User for each day that a report required by this Division, a report required by a permit or order issued hereunder is late. -A report that is incomplete may be considered to be a late report. Actions taken by the Director to collect late reporting penalties shall not limit the Director's authority to initiate other enforcement actions that may include penalties for late reporting violations. (g) Administrative Appeal. Appeal of Director action under subparts (a) through (d) of this Section 17- 13 is subject to the terms of Section 17-11(e) (dhof this Division specifying Director reconsideration and/ or administrative appeal. Appeal of a termination of water service under subpart (e) of this Section shall be subject to judicial review under Section 17 -1 l(d) (e)of this Division. SECTION V. —This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 2_, at o'clock m. City Clerk Approved and signed by me on the day of , 2 , at o'clock, .m. Mayor, City of South Bend, Indiana (Proposed) ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 17, ARTICLE 2, DIVISION 3 OF THE SOUTH BEND MUNICIPAL CODE PURSUANT TO THE ENVIRONMENTAL PROTECTION AGENCY (EPA)'S RECOMMENDATIONS STATEMENT OF PURPOSE AND INTENT On June 6, 2011 the South Bend Common Council substantially revised and amended Chapter 17, Article 2, of the South Bend Municipal Code, Ordinance # 10095 -11, to conform to the federal Model Pretreatment Ordinance published in January 2007 by the United States Environmental Protection Agency (EPA) Office of Wastewater Management. At the time of its adoption by the Common Council, Ordinance #10095 -11 enabled South Bend to comply fully with all applicable State and Federal laws, including the Clean Water Act (33 United States Code § 1251 et se .) and the General Pretreatment Regulations (Title 40, Code of Federal Regulations [CFR] Part 403. It also protected South Bend's water treatment processes and it enabled South Bend to proceed with its National Pollutant Discharge Elimination System (NPDES) permit conditions, as well as any other State and Federal laws to which a publicly owned wastewater treatment works is subject. The EPA requires South Bend to review periodically the chemical limitations of certain pollutants related to the Industrial Treatment Program to determine if they adequately protect the Wastewater Treatment Plant and the St. Joseph River. South Bend recently completed such an evaluation, which resulted in new limits that must be included in South Bend's ordinance. It is also necessary that the Municipal Code be amended to correct certain non - substantive errors and to make other minor changes. The substantive changes in this ordinance are subject to approval by the EPA which has reviewed the ordinance and found it to be acceptable. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, that various sections of Chapter 17, Article 2, Division 3 shall be amended to read as follows: SECTION 1. Chapter 17, Article 2, Division 3, Subsection 17 -8(c), Subparts (14) and (17), and Subsection 17 -8 (f) of the South Bend Municipal Code shall be amended to read as follows: Sec. 17 -8. General purpose; prohibited discharges; discharge standards (c) Specific prohibitions. No User shall introduce or cause to be introduced certain pollutants, substances, or wastewater into any public sewers or directly or indirectly into the POTW. Those pollutants, substances or wastewater prohibited by this subsection shall not be processed or stored in such a manner that they could be discharged to the POTW. The following described pollutants are expressly prohibited: (14) Any waters or wastes having a pH lower than 6.0, any waters or wastes having a pH in excess of 11.0, or having any corrosive property capable of causing damage or hazard to structures, equipment, or personnel of the publicly owned treatment works, or that interferes with any treatment process. Notwithstanding this provision, New E...,.rg Eer-p., shall users may be authorized to discharge at a pH in excess of 11.0 but not to exceed 12.0 in keeping with its odor abatement efforts. Such authorization will be specified in the user's wastewater discharge permit. (17) Medical Wwastes, exeept as speeifioally authorized by the Direeten that are not amenable to treatment, that cause Pass Through or Interference that may contribute to blockages in the collection system, or that create a hazard to POTW workers. The Director may require that a wastewater discharge permit be obtained in order to discharge certain medical wastes. IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS January 15, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Resolution for Preliminary Approval of Amendment to South Bend Municipal Code Chapter 17, Article 2, Division 3 Regarding the Industrial Pretreatment Program Dear President Davis: Attached is a resolution related to a draft amendment of Chapter 17, Article 2, Division 3, which is also attached. The US EPA requires that the City of South Bend periodically review limitations related to the Industrial Pretreatment Program to determine that they are adequately protective of the Wastewater Treatment Plant and the St. Joseph River. An evaluation was completed, and after review by the US EPA, it was determined that certain pollutant limitations required revision. The attached draft amendment to Chapter 17 includes these revisions. However, federal regulations require that the US EPA formerly approve any modification of this nature prior to it being adopted by a local government. In accordance with US EPA requirements, the attached Resolution is intended to communicate the South Bend Common Council's intention to adopt the draft Ordinance pending formal approval from the US EPA. Once acted on by the Common Council, both the Resolution and draft Ordinance will be placed on notice for public comment for thirty days. After that period, the Resolution, Ordinance, and any public comments will be submitted to the US EPA for formal approval. Either Al Greek or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Eric Hory ath Director of Public Works C)-j� P,0, - RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PROUDLY ENDORSING THE SUBMITTAL OF SOUTH BEND CITY CEMETERY BEING NOMINATED TO BE PLACED ON THE NATIONAL REGISTER OF HISTORIC PLACES the South Bend Common Council recognizes that the National Register of Historic Places is our country's official listing of historic places determined to be "worthy of preservation ", as authorized by the National Historic Preservation Act of 1966; and the Council further recognizes that the National Park Service's National Register of Historic Places is part of a national program which is dedicated to the coordination and support of efforts to "evaluate and protect America's historic and archeological resources"; and 6*1;wd, for a site to be listed on the National Register, in addition to the "honorific recognition" there is an opportunity for a commemorative plaque similar to the one depicted above to be displayed once the nomination becomes official; and v/k;mi the Common Council notes that the State Historic Preservation Officers also play a critical role through their detailed review and evaluation of buildings and sites nominated to be placed on the National Register of Historic Places; and the Indiana Department of National Resources' website provides information on the "State Historic Architectural and Archaeological Research Data base ( SHAARD)" which is a Division of Historic Preservation and Archaeology (DHPA), which permits individuals to search information on known historic resources throughout the State of Indiana; and G% ; some of the data provided by SHAARD includes information from the Indiana Cemetery and Burial Ground Registry, as well as data on bridges, and properties listed on the National Register of Historic Places so that there is public access to site information housed at DHPA without having to come to Indianapolis; and the Common Council further recognizes that the Historic Preservation Commission of South Bend and Saint Joseph County was formally established in 1973. Since that date, the Commission has diligently worked to identify structures and sites which are architecturally or historically significant located throughout the city and county; and Resolution Endorsing South Bend City Cemetery Page 2 the Common Council notes that a "National Register of Historic Places Registration Form" has been completed which would formally nominate the South Bend City Cemetery for this high and prestigious honor, a copy of the form is attached to this Resolution; and Q) the South Bend City Cemetery, founded in 1832, is our City's oldest cemetery and is located just west of current downtown South Bend, and is on property donated to the City by South Bend's founders Alexis Coquillard and Lathrop Taylor with a very majestic entry gate: on June 24, 2013, the South Bend Common Council adopted Resolution No. 4263 -13 which recommended the establishment of a five (5) year Action Plan for the revitalization and preservation of South Bend City Cemetery, a copy of that Resolution is attached; and as noted in that Resolution, not only is the South Bend City Cemetery of great historic value in light of its location, historic beginnings, distinctive artistic plat design, architectural design of the Sexton's cottage, and the majestic gate and fencing; it proudly is the final resting place which is very well known for being one of the few non - segregated cemeteries of its time where persons were buried regardless of their religious affiliation, their race, their status in life, or type of death; and (We, within the South Bend City Cemetery, you will see the final resting places of Peter Roof, a Revolutionary War Veteran; many African- American including but not limited to the Bryant, Farrow and Powell families; South Bend's first Mayor William G. George; Mary and James McKinley, the paternal grandparents of the 25th President of the United States William McKinley; John Auten, the first soldier from St. Joseph County killed during the Civil War; Norman Eddy who served as a Colonel during the Civil War and later as a U.S. Congressman; Lewis Keller, a South Bend Police Officer killed in the line of duty in 1898; Howard C. Wagner, a South Bend Police Officer killed in the line of duty by John Dilliger's gang in 1934; Schuyler Colfax, the 17th Vice - President of the United States and many of his family members including his son, Schuyler Colfax, Jr., who served as Mayor of the City of South Bend from 1899 -1902; and Private Enoch R. Wei, who was a Congressional Medal of Honor Recipient —just to name a few; and Resolution Endorsing South Bend City Cemetery Page 3 Schuyler Colfax John Auten Howard C. Wagner Norman Eddy the South Bend Common Council, in collaboration with the City Administration has, as a result of ongoing discussions and meetings, will be including South Bend City Cemetery as a topic to be addressed in the upcoming Public Parks Department's five (5) year plan, as another positive step for the restoration and revitalization of South Bend City Cemetery. Section I. On behalf of all of the citizens of the City of South Bend, Indiana, the Common Council hereby publicly and proudly endorses the submission of South Bend City Cemetery for formal consideration to be placed on the National Register of Historic Places. Section Il. The South Bend Common Council believes that such recognition would be most fitting for a truly historic cemetery located in the heart of the City of South Bend, Indiana. Section 1II. This Resolution shall be in full force and effect from and after its adoption by the Council and approval by the Mayor. Tim Scott, I" District Henry Davis, Jr., 2" District Valerie Schey, Yd District Dr. Fred Ferlic, 4" District Dr. David Varner, 5" District O ver J. Davis, 67 JDistriet Derek D. Dieter, At Large Gavin Ferlic, At Large Karen L. White, At Large Kathleen Cekanski Farrand, Council Att'y Resolution Endorsing South Bend City Cemetery Page 4 John Voorde, City Clerk PREStNTW NOT APPROWp J%WpTgo Pete Buttigieg, Mayor of South Bend Filets in Ci rws Of -fice, h b '4 N14 i RIDE CITY CLEF I', SOUTH BEND, IN _ City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Oliver J. Davis February 4, 2014 President Members of the Common Council Derek D. Dieter 4 °i Floor County -City Building Vice - President South Bend, Indiana 4C60I Valerie Schey Chairperson, Committee Re: South Bend City Cemetery of the Whole Dear Council Members: Tim Scott (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbendin.gov First District We are pleased tc a ibr your consideration the attached Resolution which would endorse the frlin.; of a nomination furm witi the National Register of Historic Henry Davis, Jr. places for South F> -�!ld t;it }' Cemetery. Second District Valerie Schey Last Fall, the Historic Preservation Commission of South Bend and Saint Joseph Third District County voted unanimously to nominate South Bend City Cemetery for nomination to the State Historic Preservation Office. Elicia D. Feasel, Assistant Fred Ferlic Director of the Commission will provide additional information at next Monday's Fourth District joint meeting of the Parks C' )mmitte, and Community Relations Committee. David Varner The collaborative eff:)r±s of the Common Council, the City Administration, and Fifth District the Public Parks Department all winkin gtg together on efforts to restore and Oliver J. Davis revitalize our oldesi City Cemetery has resulted in many volunteers who are Sixth District joining us on this i! , IT project. Derek D. Dieter The many benefit: c h :n ag South Bend City Cemetery placed on the National At Large Register of Histonc Plae: -, would be 'a significant acknowledgment of the historic and 1.a5 ng legacy which our oldest cemetery provides to each succeeding Gavin Ferlic o neration. We lave included the nomination form which highlights much of its At Large rien history. Fiease send these daco(trents to the Parks Committee and the Karen L. White Community Relations Committee. We si ek your unanimous support of this At Large Resolution Thank ,you. Sincerely, Dr. Fred Ferlic Parks Committee Chairperson 4`h District Council Member Attachments Council Member Oliver Davis Community Relations Chairperson Council P°�[dent $c 6-h FNEB 6 JOHN vOOPD6 CITY CLERK, SOUTH SEND, IN NPS Forth 10 -900 United States Department of the Interior National Park Service OMB No. 1024 -0018 National Register of Historic Places Registration Form This form is for use in nominating or requesting determinations for individual properties and districts. See instructions in National Register Bulletin, How to Complete the National Register of Historic Places Registration Form. If any item does not apply to the property being documented, enter MA" for "not applicable." For functions, architectural classification, materials, and areas of significance, enter only categories and subcategories from the instructions. 1. Name of Property Historic name: South Bend City Cemetery Other names /site number: Burial Grounds, Oak Ridge, Oakwood Name of related multiple property listing: n/a (Enter "N /A" if property is not part of a multiple property listing 2. Location Street & number: 214 North Elm Street City or town: South Bend State: Indiana County: St. Joseph Not For Publication: F-1 Vicinity: ❑ 3. State/Federal Agency Certification As the designated authority under the National Historic Preservation Act, as amended, I hereby certify that this — nomination request for determination of eligibility meets the documentation standards for registering properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property _ meets — does not meet the National Register Criteria. I recommend that this property be considered significant at the following level(s) of significance: national _statewide _local Applicable National Register Criteria: A B C D Signature of certifying official/Title: Date Indiana DNR- Division of Historic Preservation and Archaeology State or Federal agency /bureau or Tribal Government In my opinion, the property _ meets _ does not meet the National Register criteria. Signature of commenting official: Title : Date State or Federal agency /bureau or Tribal Government United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery Name of Property 4. National Park Service Certification I hereby certify that this property is: entered in the National Register determined eligible for the National Register determined not eligible for the National Register _ removed from the National Register other (explain:) of the Keeper 5. Classification Ownership of Property (Check as many boxes as apply.) Private: Public — Local Public — State FI Public — Federal rI Category of Property (Check only one box.) Building(s) District rI Site F Structure F Object Sections 1 -6 page 2 Date of Action St. Joseph Indiana County and Stale United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery Name of Property Number of Resources within Property (Do not include previously listed resources in the count) Contributing Noncontributing 1 1 2 3 6 St. Joseph, Indiana County and State buildings sites structures objects Total Number of contributing resources previously listed in the National Register 0 6. Function or Use Historic Functions (Enter categories from instructions.) FUNERARY /Cemetery Current Functions (Enter categories from instructions.) FUNERARY /Cemetery Sections 1 -6 page 3 United States Department of the Interior National Park Service I National Register of Historic Places Registration Form NIPS Forrn 10 -900 - OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State 7. Description Architectural Classification (Enter categories from instructions.) _LATE VICTORIAN /Shingle Style LATE VICTORIAN /Romanesque LATE VICTORIAN Materials: (enter categories from instructions.) foundation: STONE /Limestone walls: WOOD roof: other other: METAL /Cast Iron Narrative Description (Describe the historic and current physical appearance and condition of the property. Describe contributing and noncontributing resources if applicable. Begin with a summary paragraph that briefly describes the general characteristics of the property, such as its location, type, style, method of construction, setting, size, and significant features. Indicate whether the property has historic integrity.) Summary Paragraph South Bend City Cemetery, a 21.36 -acre designed landscape is South Bend's oldest cemetery, founded in 1832. City Cemetery is situated immediately west of the city's downtown core, just northwest of the West Washington National Register District, added to the Register in 1975 and is about one mile southwest of the St. Joseph River. The trapezoid shaped site, a result of multiple expansions, contains approximately 14,800 burials. It is composed of lots that are of a regular grid pattern as well as an (1899) expansion of irregular and circular lots. These later meandering roadways, a response to the little topographic variation, were designed to provide a variety of changing vistas. The style of City Cemetery ranges from municipal to Lawn Park and includes veterans' sections and a potter's field. Characteristic of the lawn park movement of the late 19d' century, the cemetery the site combines a variety of three - dimensional stone types, as Section 7 page 4 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State well as a wide variety of tree species. Today surrounded by an urban neighborhood, City Cemetery is a unique representation of this cemetery type rarely seen in a rapidly developing urban setting. Six individually contributing resources are located within the cemetery, including one building (Sexton's Cottage, 1899), two contributing sites (cemetery itself, 1831 and the Kankakee Mill Race, 1835), three contributing structures (main gate and fence, 1899 -1910, a stone bridge built to span the Kankakee Mill Race, ca. 1890 and a Studebaker mausoleum, 1884). The cemetery also contains one non - contributing building (for maintenance, that is of no specific style and is of relatively recent construction, ca. 1990). With the exception of the Kankakee Mill Race being filled in, the demolition of a second Studebaker mausoleum, and the addition of a maintenance building, the site is nearly unchanged from 1910. Although the site is in moderate disrepair with exception of the Sexton's Cottage which was recently repaired, re- roofed and painted, City Cemetery retains its historic integrity as the cemetery itself and additional contributing resources remain essentially the same as the period of significance. Narrative Description Setting and Site Characteristics South Bend, Indiana founded in 1831, is located and named after the "south bend" in the St. Joseph River. Just north of the city was a portage used for the transport of goods and people from the St. Joseph River to the Kankakee River. The area has been the site of some flooding historically, though advances in public works infrastructure has now mitigated that threat. Located in the outwash plain of Lake Michigan, the soil is somewhat sandy, the growing season is fairly typical and the temperatures moderate. Due to South Bend's proximity to Lake Michigan and "subsequent" lake effect, though, winters can bring frequent storms, blizzards and significant precipitation. It is this sandy soil in the vicinity of the cemetery is responsible for the level topography of the site. As the sprawling Main Gate attests, City Cemetery was founded in 1832, the land donated by South Bend's founders Alexis Coquillard and Lathrop Taylor. As was customary, City Cemetery was laid out at the outside the original city limits, but without being so far removed from town that the necessary horse and carriage processions couldn't be too impractical or unwieldy. Though somewhat removed initially, the grounds of the cemetery are now encroached on all sides by an urban neighborhood of small to moderate homes that are in decline. The current size, shape, and perimeter of City Cemetery, as it appears currently, is due to a significant expansion and reconfiguration of the cemetery entrance in 1899. To the north, the site is bordered by La Porte Avenue, on the south by West Colfax Avenue, on the west by North Walnut Street and West LaSalle on the southeast. The cemetery is bounded not only by streets, but also by a number of rear yards. Unfortunately, the condition of City Cemetery reflects the urban neighborhood around it. Many stones, monuments, markers and mausoleums are in significant Section 7 page 5 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900. OMB No. 1024 -0016 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State disrepair due to deferred maintenance, benign neglect, vandalism, and poor practices by contract workers and landscapers. Burial sites sit among some 75 mature growth trees, shrubs and other native herbaceous material. Municipal Cemetery One of the earliest documents showing the cemetery is a Bird's Eye View of South Bend from 1866, which shows the cemetery as confined to the small and largely open original area. Very typical of mid - nineteenth century municipal cemeteries and likely directed by engineers, the early design took on a regular, gridded pattern. In doing so, little room was designated for landscaping, as to maximize the useable land. The concentration of burials is the most compact here, and the stones are the most worn. What few paths there are, save the main northbound road within the cemetery, are gravel or grass and not well defined. It is obvious that this portion in particular was designed with only the foot traffic of a funeral procession in mind. The largest additions to the original four acre site were made in 1868 and 1899, a relatively short period of expansion and change. In 1911, a St. Joseph County Atlas shows the cemetery taking up the entire area it occupies today. At this point, Linden Avenue, which originally ran through the cemetery, is shown ending where the original entrance had once been. Lawn Cemetery Movement As the site of City Cemetery evolved, it was influenced by various stylistic patterns of design. Most significant of these was the Lawn Park Movement, influential in the United States in the early decades of the 201h century. The Lawn Park Movement promotes a sense of openness, created by sweeps of lawn and monuments that are less dense. Unlike the structured municipal graveyards, this movement promoted cemeteries not only as places of mourning, but also as places to enjoy nature. Begun as a municipal cemetery, the later expansions display the landscaping of the lawn movement more characteristic of rural cemeteries. It is in the southwest addition to City Cemetery that curvilinear lines take precedence over linear, allowing for changing vistas amid a relatively flat landscape. The design modifications are all strongly suggestive of formal architectural involvement. While the designer remains unknown, influences stem from the lawn movement. In alignment with the design ideals of this movement, later additions to City Cemetery give a sense of an open lawn with less dense placement of smaller monuments and landscaping than in previous sections. Present Condition The main entrance, located at the terminus of a brick street, North Elm, is marked by a large cast iron Late Victorian style gate. The paving brick, date unknown, is set at a 45 degree angle to the concrete curb and is 24 feet in width. This brick paving extends into the cemetery grounds about 25 feet. The Sexton's Cottage is located just inside the gate to the east with a maintenance building behind farther east. A paved path running north from the gate, once known as First Principal Avenue, passes through the original plat of the cemetery. An 1875 St. Joseph County atlas shows City Cemetery confined to the relative small formally planned area in the southeast corner of the tract. The plan reveals l" 2 "d and 3` Avenues running north to south, bisected by an unnamed east to west road. Linden Avenue is shown running east to west through the tract, Section 7 page 6 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0016 _South Bend City Cemetery St. Joseph, Indiana Name of Property County and State where it served as the entrance to the cemetery until 1899. Buried in this section is Peter Roof, Revolutionary War veteran, (1753- October 25, 1831), and is the oldest recorded grave in City Cemetery. Another notable grave is that of Lathrop Taylor, cofounder of South Bend, who, with business partner Alexis Coquillard, donated the land for South Bend City Cemetery. Continuing north, the paved path travels through the first and second plat additions and intersects another paved path at Linden Avenue, where a service gate constructed of chain link allows entrance. Just northeast of the Linden Avenue gate is a military section along LaPorte Avenue, laid out linear and formal as protocol demands. In this section are two Civil War monuments erected by Norman Eddy Post and the Woman's Relief Corps of the Grand Army of the Republic. Aside from introduced diagonals, roads and pathways in these additions are just as linear and monuments as orderly as the original plat. The northwest section of City Cemetery is entered by passing over a stone bridge spanning a grassy path lined with towering trees that dissect through the cemetery at a diagonal from northeast to southwest. Before being filled with earth, the now grassy path was once part of the Kankakee Mill Race that was to connect the St. Joseph and the Kankakee River. In 1961, after the Mill Race became a failed venture, veteran's plots were designated in the filled canal. This third plat addition signifies the introduction of the lawn movement and begins to feature curved roads and pathways with monuments following suit. The landscaping is more open as there are not nearly as many or large trees as in the original cemetery. Grave markers tend to be simple and smaller than those found in the earlier sections. Miscellaneous plantings in this section include hostas, rosebushes, bushes, and various tall grasses, not otherwise as abundant in the earlier sections. The northwest corner of the section seems to be sparsely occupied, identifying a "Potter's Field, an unmarked pauper section. An iron pedestrian gate is fitted into the southwestern corner of this triangular addition. Heading once again across the Mill Race towards the south end of the cemetery, is the last addition. It is here that the complex organization of curves and circular forms are indicative of designer involvement. Furthest south is a less dense area. After the 1897 resolution by the Common Council to vacate South Avenue to be converted to burial lots, single grave sites were added along the south fence. The sparse area seems to indicate lack of graves, but in fact, this section was designated for the Paupers of the city who could not afford headstones. As the first cemetery of South Bend, City Cemetery received it straightforward name early in its history, as is seen on the Bird's Eye View of South Bend in 1866, one of the first documentations of the site. While today the cemetery retains its original name, various attempts have been made for more creative changes. On a 1893 report of Committees, a movement was made requesting the name to be changed on record to OakRidge Cemetery. Seven years later, on a 1900 map, the cemetery is marked as Oakwood Cemetery. Inspiration for these names likely stem from Oak Street, which currently dead -ends at the northeast cemetery limits. Despite these attempts, the names did not last, and all consequent documents cite the original name, City Cemetery. Section 7 page 7 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 10240018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State The Studebakers The largest family to be buried in the cemetery is the Studebaker family, with more than 50 members. They are the owners of two original mausoleums, only one of which is still standing. The earlier of the two, the 1884 mausoleum is still standing. Just west and across the Race was a second Studebaker Mausoleum that stood in City Cemetery for 93 years until its demolition April 18, 1989. Built in 1896 for Clem Studebaker, one of the brothers that founded the Studebaker Corporation, the Classical Revival structure that bordered the entrance was demolished to protect cemetery visitors from the hazards of the deteriorating structure. Described in the 1979 Saint Joseph County Historical Survey by Crumlish /Sporleder and Associates, the rectangular plan structure was placed on a stylobate, elevating it above its surroundings. A portico with four ionic stone columns supported an entablature with a pediment above. Walls were cut stone with horizontal and vertical joints. The structure featured corner pilasters and stone front steps flanked by retaining wall with comer piers. A stone retaining wall surrounded the structure on two sides with a pine tree on each side. The original bronze doors and original window in rear wall had been removed at the time of survey. The roof was constructed of thick marble slabs over steel support beams with the name Studebaker carved in the marble lintel over the doorway. In 1936, the remains had been moved to Riverview Cemetery in South Bend and the structure remained empty and deteriorating until its demolition. The mausoleum was a significant structure because of its Classical Revival architecture and its association with the Studebakers. The design of the imposing structure exemplified dignity, wealth and stature of the prominent family. The original marble lintel has been retained, intact and is currently at Riverview Cemetery marking the gravesite(s) of Clement Studebaker, Ann Milburn Studebaker and their family. Resources Sexton's Cottage (building) Built in 1899 during James S. Allen's tenure as sexton at City Cemetery, the sexton's cottage was originally intended to be a residence for the cemetery sexton, but there is no existing record that anyone has ever lived there. In an April 17, 1900 letter signed by Wilson B. Parker on Parker & Austin Architects letterhead, the architect wrote a request to the City to pay the bill to his firm for the drafting of a set of plans for the sexton's cottage at the City Cemetery. The entire square footage is approximately 400 square feet, built at a cost of construction of $605.00. This single story building sits on the original brick foundation that shows signs of masonry deterioration (damage). Exterior walls are wood shingles, flared at the base, with wood molding marking the belt course. There are a variety of window styles including 1/1 double hung and two side by side 6 -lite fixed; a wood window on the north fagade is a replacement. Most windows have the original storms. Awnings have been added to windows on west and south sides. An incised porch with round arch openings, two low -rise steps, and a wooden keystone faces to the west and leads to the main entrance. Just below the roof line is a simple entablature with a single dentillated row. A flared hip roof is asphalt shingled as it was after renovations in 1923. There are dormers on the front and both sides, each with a louver with wavy fins. Stucco and half - timbering are barely visible in the dormer, muted by the same color paint over both surfaces. A chimney on the south side is constructed of brick and is exposed only at the roof. The scale of the building is small and approachable; neither the exterior nor the interior was designed to be grand Section 7 page 8 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State or formal. It is a unique, small scale combination of various styles, including Shingle, Late Victorian and Classic Revival. The interior employs an irregular floor plan. Built in cabinets and bookshelves store the voluminous inventory of interment records and a fireproof vault contains the earliest leather bound volumes handwritten to include a cause of death and other site information. Despite harsh Indiana winters, this building was never used as a receiving vault, chapel or other holding or reception area. Maintenance Building (buildin A non- contributing maintenance building, constructed about 1990 is located immediately to the east behind the sexton's cottage. The building measures about 98 by 20 feet with Concrete Masonry construction. There is a large roll up door at each end. City Cemetery (site) South Bend City Cemetery itself is a contributing site resource as an integral part of the city of South Bend that later grew around it. The current boundaries are shown on the site map which also includes the features and resources. Originally a rectangular plat, City Cemetery was expanded in two plat additions in 1868 and 1898. The expansions grew the acreage to the north and west of the original plat, setting the once open land in the context of the surrounding residential development and demonstrating a great stylistic change from the first lots nearest the gate. These additions complete the irregular, trapezoidal shape of the site. There are several internal, presently un- named, one -lane paths that wind through City Cemetery. Only one third of said paths are asphalt, and the rest are packed gravel. In some places, the paths reiterate the unusual, curvilinear design of the lots which serves to highlight certain markers. The overall topography of the site is flat with only slight rises or variations. The site is contained on all sides by a six foot iron fence. The Kankakee Mill Race (site) The Kankakee Mill Race, begun in 1861, is a significant resource of the cemetery. After Coquillard lost the $10,000 investment to drain water from the Kankakee River to create power at the continental divide, the ravine remained and the cemetery grew around it, until it was filled in the 1930s. The path of the Kankakee Mill Race is clearly visible, described as high ground with a good sod cover. This path has no other plantings and is bordered by very large trees. To the northeast side of the bridge that spans the Mill Race, the race has been speculated to have police - confiscated slot machines buried in the mid - fifties, an idea that is supported by a letter by former sexton Edward E. Grontkowski. The southwest side of the bridge is the site of veteran's graves. The Bridle (structure) A small stone bridge spans the failed Kankakee Mill Race, which stood as a ravine until filled in the 1930s. Constructed in 1887 and upon a request of the tax- payers to the City Council, the bridge was built in stone, rather than iron, as to create a picturesque and beautiful addition to the landscape. The keystones and top voissoirs of the bridge arch are still visible, as well as the heavy slate caps and some of the original brick paving. Although the Mill Race is now filled, the bridge stands as a reminder of the history of this failed venture. Section 7 page 9 United States Department of the Interior National Park Service! National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Iron gate and fence (structure) The immense cast iron main gate (1899) and fence (1910) marks the terminus of North Elm Street and is just immediately to the west of the sexton's cottage. The gate and fence comprise one contributing object. The fence is 6' -6" in height, consisting of three horizontal channel members with %2" square, vertical bars crossing them at 6" intervals. Alternate vertical members rise the entire height with finials placed on top. The remainder rise only 4', penetrating only two of the horizontal channels. Every 19`h vertical bar is moored into a concrete base and has a supporting bar set at a slight angle against it. The style of both gate and fence is highly decorated Late Victorian with stylized columns, copious finials and other ornamental motifs. The gate was built in 1899 when the public entrance to the cemetery was re- configured to align with North Elm Street instead of Linden Street. To mark the change and to provide a transitional experience from city to cemetery space, the gate was commissioned from the Champion Iron Fence Company, located in Kenton, Ohio. It was designed to include both the date of the founding of the cemetery, 1832, and the dedication of the gate in 1899. The gate design features separate automobile and pedestrian entrances. Both are closed by hinged gates in a picket style topped with elegant finials. The Champion Fence Company (historic name) was founded in Kenton, Ohio by William L. Walker, James Young, William H. Young, B.G. Devore and Henry Price on industrial Franklin Street. After a brief relocation to Pittsburgh, PA in 1877 the company returned to Kenton, Ohio and became known as Champion Iron Fence Company. Since the original fence did not provide the security and appearance needed, the cast iron fence replaced the original, wooden pickets and wood ties laid end to end. Work continued on the significant iron perimeter fence until it's completion in 1910. A chain link fence has been used in a few areas behind residences at LaSalle Court and Linden Avenue. Two other simple gates are located on La Salle Court, likely the original public entrance, and on Linden Avenue, used when Memorial Day and Veterans' Day parades proceeded past grandstands erected for the event just inside the Linden gate (often called LaPorte Avenue gate). The Studebaker Milburn Mausoleum (structure) The Studebaker Milburn Mausoleum was built in 1884 as the final resting place for members of the Studebaker family. The one story structure is of a rectangular shape with projecting wings and is of the Romanesque Revival style with Gothic details; built of rough cut limestone with granite accents. The entry portico is topped with a trefoil arch in the eastern gable end, with supporting columns with Romanesque capitals and stylized cross and columns at the apex. Just below, the date 1884 appears intertwined with a lily, a classic sign of mourning. The interior is a pointed barrel vault of running bond brick, a mosaic floor and biblical inscriptions carved into the granite casket shelves. The mausoleum is now vacant though due to the disinterment of the Studebakers and their removal to Riverview Cemetery in South Bend in 1932. Section 7 page 10 United Stales Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State S. Statement of Significance Applicable National Register Criteria (Mark "x" in one or more boxes for the criteria qualifying the property for National Register listing.) Fx A. Property is associated with events that have made a significant contribution to the broad patterns of our history. B. Property is associated with the lives of persons significant in our past. C. Property embodies the distinctive characteristics of a type, period, or method of construction or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components lack individual distinction. D. Property has yielded, or is likely to yield, information important in prehistory or history. Criteria Considerations (Mark "x" in all the boxes that apply.) A. Owned by a religious institution or used for religious purposes B. Removed from its original location ElC. A birthplace or grave FI D. A cemetery ❑ E. A reconstructed building, object, or structure ElF. A commemorative property G. Less than 50 years old or achieving significance within the past 50 years Section 8 page 11 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Areas of Significance (Enter categories from instructions.) SOCIAL HISTORY POLITICS /GOVERNMENT ARCHITECTURE LANDSCAPE ARCHITECTURE Period of Significance 1831 —1910 Significant Dates 1831, 1832, 1835, 1868, 1885, 1899, 1910 Significant Person (last name, first name) (Complete only if Criterion B is marked above.) Colfax, Schuh Cultural Affiliation n/a Section 8 page 12 United Slates Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery Name of Property Architect/Builder (last name, first name) Champion Iron Fence Company Parker, Wilson B., Architect Period of Significance (justification) St. Joseph, Indiana County and State The Period of Significance corresponds to when the land for City Cemetery was donated in 1831 and the year of the first burial through 1910, the date of the dedication of the newly configured cemetery entrance on Elm Street. Changes that were made after 1910 include the addition of 200 veteran's burial sites in the in- filled Kankakee Race in 1961 and the demolition of a Studebaker mausoleum in 1989. Criteria Considerations (explanation, if necessary) n/a Statement of Significance Summary Paragraph (Provide a summary paragraph that includes level of significance, applicable criteria, justification for the period of significance, and any applicable criteria considerations.) South Bend City Cemetery is applicable under National Register Criteria A in the area of social history, B in the areas of social history and politics /government, and C in the areas of architecture and landscape architecture. City Cemetery, with a period of significance from 1831 to 1910, is South Bend's oldest municipal cemetery. Contributing to the historic significance, as the burial spot of important South Bend residents, including Vice - President's Schuyler, founder Lathrop Taylor, William G. George, the first mayor of South Bend, families such as the Studebakers and veteran's plots from all major conflicts. As previously stated, the South Bend Cemetery is the only remaining site of the Kankakee Mill Race, part of which is the veterans' burial plot. The cemetery also serves as the burial lot of important political individuals. In regards to South Bend, the cemetery is an integral part of the city and its history and stands as a record of the development and a testament to the progress of South Bend. With the growth of South Bend and subsequent additions, City Cemetery is now Section 8 page 13 United Stales Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State surrounded by a dense residential fabric. As a result of these additions, Linden Ave. which ran east -west along the north edge of the original plat now terminates along the eastern boundary. Selected significant dates are as follows: 1832 as the year City Cemetery was dedicated, 1835 as the year the Kankakee Mill Race project began, 1868 as Plat Addition 1, 1885 as the year of Schuyler Colfax's death and burial, 1898 as Plat Addition 2, 1899 as the reconfiguration of the entrance to Elm Street, the construction of the sexton's cottage and the new main gate erected at Elm Street. Narrative Statement of Significance (Provide at least one paragraph for each area of significance.) Social History (A) Alexis Coquillard of Detroit, Michigan moved to the area in sales with the American Fur Company. He purchased land near the "River Saint Joseph" in 1820. A sixth generation of family in the country, Coquillard and wife Frances Comparet made the first "civilized home" in the wilderness where South Bend now stands. It was he who was responsible for name change of the town from Southhold to South Bend in 1830 and with Lathrop Taylor, founding South Bend one year later. He later paid St. Joseph County $3,000 to relocate the county seat to South Bend. Around 1835, shortly after the founding of South Bend, Alexis Coquillard and other partners began one of the earliest hydraulic canal projects in the area when they purchased land east of the St. Joseph River as well as the water power rights. The Kankakee Mill Race or Kankakee Race was a project to excavate from the St. Joseph River to a tributary and wet prairie of the Kankakee River intended to connect the headwaters. The Race was dug at the point Marion Street terminates at the St. Joseph River, continuing west and slightly south through City Cemetery, where the heaviest of the work was employed, at a depth of 10 % feet, to Stanfield's or Beck's Lake where the project was abandoned in 1844. The lake turned out to be a water shed, causing the water to leak away in the loose soil. So little water reached South Bend that the venture was deemed a failure, causing Mr. Coquillard's mortgages for land in the original plat of South Bend to foreclose and 2,000 acres of land to be sold by the bank, as appearing on deeds as Bank Outlots. An 1853 map of the lots for sale by the State Bank of Indiana shows the Kankakee Mill Race running through the area. This speculative effort was nearly Coquillard's financial undoing and dealt a significant blow to his professional reputation. He is buried in Cedar Grove Cemetery at the University of Notre Dame. In an article written by David R. Leeper February 2, 1897, he writes, "when this landmark, once prized as so important to the town and county, will be preserved, if at all, only on paper, to be scanned by none, it may be, save the antiquarian or sociologist, who would glean practical lessons from the wisdom and the folly of the past." The Kankakee Mill Race became widely known as Coquillard's Folly. City Cemetery boasts the only remaining evidence of the Kankakee Mill Race. A bridge that once crossed over the water of the Race remains located in the center of the Race within the cemetery boundary. The date of construction of the bridge is unknown but in a June 13, 1887 note to the Mayor and Common Council, it was suggested that the proposed bridge across the Section 8 page 14 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10-900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Race in the City Cemetery be built of stone instead of iron, with the materials to be obtained at home. The request noted that the stone bridge would cost no more than that made of iron and could be built of boulders in rough masonry would last for ages and covered with trailing vines would look picturesque and beautiful. The note appears to be typed by Clement Studebaker and includes twenty five additional citizen signatures. As requested in the letter, the bridge was constructed with walls of rough field stone. When the Race within the City Cemetery was filled in with earth in the 1930s, the bridge was left intact. Like Alexis Coquillard, Lathrop M. Taylor played an integral role in the formation of South Bend. He was born on July 1", 1805 and a native of Clinton New York. Taylor relocated in 1827 for the fur trade and with the help of the Pottawatomies, whose friendship he quickly gained, cleared a place in the woods for his trading post. There, he established a profitable business and soon became a postmaster. Along with Coquillard, he is considered a founder of South Bend as well as City Cemetery, and held some of the first official political offices. He was also a colonel in Blackhawk Ward in 1832. He died in 1887 and is buried in the original plat. City Cemetery is unique in being one of the few non - segregated cemeteries of it's time. The 1816 Indiana Constitution banned slavery and included a clause that further prohibited, even by amendment, the possibility that said clause ever be repealed. Despite this victory for abolitionists, Indiana was hardly welcoming to African Americans. A Constitution - ordered constitutional referendum in 1851 lead to the rewriting and amending many items and issues concerning civil rights. In the context of social justice, the 1851 Constitutional ban on the immigration of African Americans into Indiana was the harshest. Those who lobbied for the ban argued that southern states (a full decade before the Civil War) were responsible for the condition of African Americans and therefore should also be responsible for their welfare. This was seen as a "punishment" to the southern states and a protest of the heinous practice of slavery. Arguably, the policy punished free African Americans and escaped slaves to a much greater degree. Heavy fines were levied against those that did immigrate to the state whether from within or outside the United States. Despite this ban and unquestionably discriminatory attitude towards African Americans, South Bend City Cemetery did not segregate or disrespect the memory of African American members of the community. In fact, there was no segregation whatsoever based on race, religion or cause of death (suicides often being relegated to separate sections). Members of South Bend's founding African - American families, the Farrow's, Powell's and Bryant's are buried throughout the cemetery, without bias or sequestering in any particular location. Paupers were given a final resting place in City Cemetery in a section located immediately to the left of the front gate down a drive that heads west. It is located between that drive and the cast iron fence. The evidence of the tolerance and acceptance afforded South Benders in death is not to be understated. Unlike the segregated cemeteries throughout Indiana, in death, South Benders could expect the dignity and inclusion that eluded most while living. In 1935, a project was submitted to the Works Progress Administration to assist with beautification of City Cemetery. While the project was never completed, efforts for the beautification never ceased. In year, the W.P.A. filled in the canal bed and it is speculated that in the mid 1950's, slot machines confiscated by police were destroyed and used as fill in canal bed. Section 8 page 15 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 10240018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State The scarcity of burial sites prompted the South Bend Board of Public Works and Safety in 1961 to use the southwest portion of filled -in Race to realize 200 additional lots for veterans of the United States armed forces. The fact that only the southwest portion was proposed for burial supports the claim on the slot machines. The lots in the section, about a block long and 40 feet wide, were free of charge for the deceased veteran, only a charge for opening and closing the grave. Looking southwest from the bridge are four rows of Korean and Vietnam veterans graves. Social History (B) A visit to City Cemetery provides an enlightening glimpse into the social history of South Bend. Towering monuments designate the final resting places of wealthy titans of industry, declaring their standing and status even in death. Studebakers, Birdsells and many others rest under markers thought equal in size to their contribution to the community. Smaller markers bearing foreign names, carved in their native German and Polish, trace the important immigrant populations that helped to build South Bend. As South Bend's main cemetery, its importance as a community asset is evident in the citizens' far - reaching efforts for upkeep and beautification. In an attempt to survey and document the land, an 1897 resolution by the Common Council directed the sexton to procure a Burial Record Book in which the records should be properly indexed. This was begun under sexton Randy Nowacki, who estimated that the task would take 6 years to finish. Today, volumes of cemetery records are stored in an unlocked safe in the sexton's cottage, recorded by hand in alphabetical order. These earlier records date from 1832 -1874. In 1941, another resolution of the Common Council was approved, this time concerning perpetual care of certain lots in the City Cemetery at public expense for proper respect and gratitude for their services. These burial lots include some of the most important citizens of South Bend: Schuyler Colfax, John Auten, Lathrop M. Taylor, James and Mary McKinley, and three other Revolutionary War veterans. In 1914, after money was raised by the Norman Eddy Post of the Grand Army, a monument to the soldiers of the Civil War commissioned and erected in the northeastern section of veterans' graves by the Linden gate, a majority of which are those of civil war soldiers. Today, the cemetery hosts annual Memorial Day tributes sponsored by various veterans' organizations and the monument stands as an important marker to the memory of American soldiers. Politics and Government South Bend City Cemetery is significant under Criteria B in the area of Politics /Government because it is the final resting place of Schuyler Colfax, former Vice President of the United States, who is a political figure significant to our past. Schuyler Colfax was born in New York City on March 23, 1823. His journey into political life and notoriety in Indiana and beyond begins with his move to New Carlisle, Indiana in 1836. The political career of Schuyler Colfax almost seemed pre- destined, as he comes from a long line of distinguished military leaders and politicians. Colfax worked first as deputy auditor of St. Joseph County, Indiana which grew his Section 8 page 16 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State interest in journalism and publishing; eventually serving as the legislative correspondent for local publications. Colfax served as a contributing writer to the New York Tribune, and became friendly with its publisher, Horace Greeley. Simultaneously, Colfax was distinguishing himself as a rising star in the Whig party, which availed him the position of editor of the pro -Whig South Bend Free Press. After a very few years at the helm, Colfax purchased the newspaper and changed the name to the St. Joseph Valley Register. It was his interest in Whig politics and journalism background that truly launched Colfax's career. Colfax was a delegate to the Whig Convention in 1848, the Indiana Constitutional Convention in 1849, and a member of the state constitutional convention in 1850. Contacts made through his journalism work were quite beneficial to him. Colfax was an unsuccessful Whig candidate for election to the Thirty- second Congress in 1851. As the Whig party collapsed, Colfax considered joining the Know - Nothings, but eventually became a Republican, a party born of northern Whigs, Anti- Nebraska Democrats, Know - Nothings, and Free Soilers. The change in party to suit his evolving political philosophies was not unusual for Schuyler Colfax. After a change to the Republican Party, Colfax ran a successful campaign for the Thirty -fourth Congress in 1855 and six subsequent Congresses until 1869. The elections of 1856 gave the Republicans control of the House of Representatives, and allowed Colfax to become the Chair of the Committee on Post Offices and Post Roads. During.that same campaign season, Colfax became very vocal about his abolitionist views. Likely the highlight of Colfax's legislative career was his signing of the joint resolution of Congress proposing the 13th amendment to the Constitution abolishing slavery. As Speaker of the House, Colfax also got to announce the passage of the 13 °i amendment in 1865. In 1868, Schuyler Colfax was chosen to share the Republican ticket with Ulysses S. Grant for the vice presidency of the United States. Grant and Colfax were successful and were inaugurated on March 4, 1869. At 46 and 45 years of age respectively, Grant and Colfax were the youngest President and Vice President of the United States until the inauguration of Bill Clinton and Al Gore in 1993. Grant had ridden his enormous popularity and notoriety for Union victories during the Civil War, and Colfax and was well known in Washington and beyond for his years of service in the House of Representatives. Both men were supporters of civil rights for African Americans, and the Grant administration oversaw and guided the commencement of America's Reconstruction efforts in the South after the Civil War. Grant was the first President since Andrew Jackson to win two consecutive terms. Colfax was not selected as Grant's running mate in the election of 1872. He had been replaced on the ticket by Henry Wilson due to implications of what is referred to as the "Credit Mobilier Scandal ". Although formal charges were never levied, the mere suggestion of Colfax's guilt effectively ended his national political career. After leaving Washington, Colfax returned to South Bend, Indiana and embarked on a successful speaking and lecturing career. He traveled extensively sharing anecdotes of his years in journalism covering local and national politics and then joining those he'd once covered as a public servant himself. Colfax was a very active member of the Independent Order of Odd Fellows (I.O.O.F.), and had been largely responsible for the creation of the Rebekah Lodges in the early 1850s. The Section 8 page 17 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Rebekahs, named for the Biblical character Rebekah, are the women's auxiliary of the I.O.O.F.. Colfax returned to his duties and activities with Odd Fellows and other civic organizations. His only child, Schuyler Colfax II, was also involved in many activities, business ventures and followed his father into public service as Mayor of South Bend, Indiana; thereby keeping the family and family name in the public eye. Sadly, Schuyler Colfax's rigorous schedule was his undoing. On January 13, 1885, Colfax walked three quarters of a mile in -30 degree weather to change trains in Mankato, Minnesota enroute to Rock Rapids, Iowa. Just five minutes after arriving at the second depot, Omaha Depot, Schuyler Colfax silently suffered a heart attack due to the extreme cold and exhaustion. Depot employees barely noticed, thinking that a passenger had fallen asleep waiting for a train. When they tried to rouse him, they discovered his death, and had to check his travel itinerary and tickets in his breast pocket to learn his identity. His body was returned to South Bend, lain in state, and buried with a most somber and elegant funeral and interment in South Bend City Cemetery befitting a leader and a gentleman well regarded by his fellow citizens of South Bend. There are many physical memorials and tributes throughout the United States that attest to the service and legacy of Schuyler Colfax. Streets are named for Colfax in South Bend, Indiana, Grant City, New York, Minneapolis, Minnesota, Roselle Park, New Jersey, Chicago, Illinois, Springdale, Pennsylvania, Benton Harbor, Michigan, Concord, California, Aurora, Denver and Lakewood, Colorado. Entire cities are named for Schuyler Colfax in California, Washington State, Indiana, Louisiana, Nebraska, Colorado and New Mexico. With the exception of Colfax Avenue, and a small stone marker that designates the former home (now demolished) site of Schuyler Colfax at the corner of Colfax Avenue and Taylor Street, there are no other tributes to Colfax in his adopted home town of South Bend. Designation of South Bend City Cemetery would go a long way in reversing this obvious oversight. In 1937, a bronze tablet was dedicated at the grave, provided by post No. 50, American Legion. The grave site, in its prominent place in South Bend City Cemetery, is the last direct connection to Schuyler Colfax in South Bend, and most deserving of the a place on the National Register of Historic Places. Among other noted persons buried at City Cemetery is William G. George who became the first mayor of South Bend in 1865. James and Mary McKinley, paternal grandparents of William J. McKinley, former President of the United States, are also buried here, both passing away August 20, 1847 on their 43`d wedding anniversary. From the information obtained, their cause of death was typhoid fever, an epidemic that swept the South Bend vicinity in 1847. A two foot high iron fence erected around a seven foot obelisk on a three foot base at their grave site are said to have been erected by the President soon after he had taken office in 1897, although there is no evidence of this today. A bronze tablet was dedicated at the grave in 1937, provided by the Harry O. Perkins Camp 25 of the United Spanish War Veterans. Additionally contributing to the Political significance are the tombs of soldiers involved in every major conflict with United States involvement from the Civil to the Gulf War. City Cemetery holds servicemen from the Civil War, Spanish- American War, WWI, WWII, Korea, and Vietnam. Also deserving of recognition are the tomb John Auten, the first soldier from St. Joseph County and possibly the first Hoosier to be killed in the Civil War in 1861 and of Private Enoch Section 8 page 18 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Forrn 10 -900 OMB No. 10240018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State R. Weiss, Company C 1St U.S. Calvary, who received the Congressional Medal of Honor for valor against the Apache in the Chirachua (or Chiricahua) Mountains, Arizona Territory was buried in 1869. Architecture (C) The architecture firm of Parker & Austin is responsible for the design of the sexton's cottage in 1900. The founder, Wilson B Parker was born in Massachusetts on July 21, 1867. He was educated at Morristown Academy and Peddle Institute, Hightstown, New Jersey, afterward taking a course in the Massachusetts Institute of Technology at Boston. In 1888, he began a three year employment at the office of McKim, Mead & White, the leading architects of New York City. Employed two years with the Tiffany Glass and Decorating Company of New York, acquiring practical knowledge in decorative art. Established Parker & Austin in South Bend in 1892. South Bend and the Men Who Have Made It describes Parker as "a thorough master of his artistic profession" and the firm as "a leading position in the community as architects and artists of the highest order ". Commercial commissions included Epsworth Hospital and Training School and the new manufactory of the Singer Manufacturing Company. "In the designs for private residences and interior furnishings and decorations this firm has no superior in the west and they have achieved a justly earned popularity," as documented in South Bend and the Men Who Have Made It. Patrons of the residential commissions were Mr. J.B. Birdsell, Hon. A.L. Brick, and Mr. E. Louis Kuhns. South Bend was once replete with mature growth trees, particularly black walnut, which grew in great quantity near the banks of the St. Joseph River. While much of that natural resource was depleted by the industrial pursuits of the early settlers in the area, the St. Joseph River continued to be a source of the power that built and maintained this once thriving industrial boomtown. As such, there was potential for great fortunes, and there were a number of dynastic and powerful families that shaped the early growth of the city and its economy. Their subsequent monuments meant to demonstrate their stature in the community now make City Cemetery a sculpturally important and pleasing site. South Bend City Cemetery boasts wonderful and intricate stone work realized in monuments, memorial tributes, and mausoleum structures. Visible too, is a veritable roster of popular civic and fraternal organizations that historically flourished in South Bend. The Masons, Odd Fellows, Woodmen of the World, and many other groups and societies are symbolically represented throughout City Cemetery. Visitors also find the more subtle nineteenth century "vocabulary" of death and dying. The imagery of children's graves includes lambs and rumpled blankets, broken columns and draped urns suggest adult lives lost too young, fingers or hands pointing upward are directing the deceased toward heaven, and hands clasped are a symbol of farewell and of hopes to meet again in eternity. Landscape Architecture South Bend, Indiana was founded in 1831, located and named after the "south bend" in the St. Joseph River. Just north of the city was a portage used for the transport of goods and people from the St. Joseph River to the Kankakee River. The area has been the site of some flooding Section 8 page 19 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State historically, though advances in public works infrastructure has now mitigated that threat, The soil is somewhat sandy and the growing season is fairly typical and the temperatures moderate. Due to South Bend's proximity to Lake Michigan and "subsequent" lake effect, though, winters can bring frequent storms, blizzards and significant precipitation. The land for the original portion of the cemetery was gifted to the City of South Bend by Alexis Coquillard and Lathrop Taylor, founders of the town, platting the town and the cemetery in 1831. The site for the burial grounds was chosen due to its practical proximity and simultaneous respectful distance from the center of the city. Even in the very earliest days of South Bend's history, City Cemetery lain near enough to city thoroughfares to provide a fairly navigable route for mourners and funeral processions. The style of City Cemetery originated as a municipal cemetery and developed to feature characteristics of both a rural cemetery and a lawn park cemetery. Municipal cemeteries, as the name implies, were right on the edge of town, bore no specific religious affiliation or exclusion, and were administered by city governments. These were also very regular, as to maximize space. In great contrast, rural cemeteries, most popular circa 1831 -1870, were designed as picturesque, lovely garden -like settings, replete with romantic images of life and death; utilized architectural elements such as fencing and coping, and began the trend of monuments and structures designed to convey status and socio- economic stature. Use of the word rural, in this context, should not be misunderstood to mean remote or of the countryside, as even the earliest visual documentation shows houses along Colfax and LaPorte. In 1831, Mount Auburn Cemetery in Cambridge, Massachusetts was developed by the Massachusetts Horticultural Society as a reaction against overcrowded graveyards. It was a non- denominational, non - profit business that maintained its own records on a beautiful stretch of land outside the city limits. Mount Auburn, the first of its kind, was the beginning of American rural cemeteries. American Rural cemeteries were common in the era of 1831 -1870 as attitudes regarding death shifted from a depressing reality to thoughts of beauty and celebration of one's life. The settings were designed rather than left to fill in a haphazard form. Also called Garden Cemeteries, the picturesque landscape reflected the newer romantic ideas of life and death, which is also evident in the imagery and iconography of the markers and monuments. During this era, planners advocated park like cemeteries away from the city center in lieu of small urban or family graveyards or churchyards. Use of the word "cemetery" took precedence over "graveyard" or "burial ground" after the Mount Auburn development. The romantic garden settings were replete with manicured plantings, asymmetric lots, and winding roads and trails. Invisible to the eye is the regimented grid of roughly equal sized plots, mapped but not marked on the land. Instead, trees, plants, vertical monuments, and winding trails detract from a grid - like appearance. Built features though that contradicts the open garden plan are that of coping and decorative fencing. This practice recalls the symmetry of a churchyard and allowed the visual impact of enclosing a significant sized plot, highlighting impressive monuments, and further embellishing the family lot, thus emphasizing wealth and status. Lawn park cemeteries, developed by Adolphe Strauch, a Prussian landscape artist, merged landscape design with a set of rules and regulations restraining the effects from wild landscapes Section 8 page 20 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State that proved costly and time consuming to maintain. In this case, the landscape is not dense and the paths are laid out in a meandering pattern, providing changing vistas with a variety of three - dimensional monuments. Spring Grove Cemetery, a rural cemetery in Cincinnati, Ohio had been in place for fifteen years when Strauch applied his lawn park concepts to the cemetery in 1855. He stressed clearing the dramatic landscape, manipulating the grounds to be more of a natural green lawn with plantings kept to a minimum to allow sunlight to filter through. Restraint was employed both with landscaping as well as monuments. Individual plot owners would no longer maintain their respected properties but the cemetery would be maintained as a whole allowing for a more unified landscape. Exceptions to the rural layout of the cemetery are the military burials. These sections feature orderly, linear burials marked by government issued stones. The predominately Civil War section is in the northeast portion of the site near the Linden gate. Once a more formal entrance to the cemetery, the Linden gate is now reduced to a chain link service vehicle access /egress point. The large Civil War soldier's statue once overlooked parade grand stands and greeted parade marchers at the terminus of Memorial Day and Armistice Day parades. The second section of military burials is southwest of the first; three rows of government issued marble and brass stones of uniform size and design lie flush with the ground that undulates slightly in a northerly direction. Romantic designs called for grave markers and monuments of marble, limestone, and sandstone which are all represented at City Cemetery. One notable and not often found material is "white bronze ". In fact, these stones are made almost entirely of zinc, and not bronze at all. One of the country's most prolific manufacturers of these markers was located in nearby Chicago which may explain their significant presence here. Stylistically, icons and themes throughout City Cemetery are also typical of the romance of the Victorian period. Obelisks and other Greco - Roman inspired markers are common and represent America's renewed interest in antiquity. They were often chosen to convey social status demonstrating that the deceased was worthy of this most reverent manner of commemoration. Other Greek motifs are common including garlands, urns and the representation of draped cloth. There is evidence of one churchyard custom of enclosing family plots with a fence and /or coping. Often, a central stone displays the family's name and individual stones mark the individual burials carved either with initials, full names, or simple designations such as "Baby ". During the period following the Civil War, Late Victorian architectural styles and romantic motifs began to influence many facets of American society, including its cemeteries. The industrial revolution facilitated less expensive and speedier fabrication of items, and expanded rail lines brought items to more distant audiences. Interest and training in classical architecture such as the Beaux Arts style became popular and more widely implemented. Late Victorian trends in landscapes were also evolving. Variety of material and appearance and a preference for buildings over traditional landscapes came into favor. Subtlety and a gentle transition from landscape to structures was lost. Late Victorian designers employed realistic forms, detailed surfaces, and individual objects in isolation, whether in a planting, an object, a structure, or a building. Section 8 page 21 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State South Bend City Cemetery typifies many of these Late Victorian stylistic ideas. Between 1870- 1900, many significant and sizeable markers and monuments were added to the landscape. South Bend was a growing and prosperous manufacturing center during this time, and large fortunes were both made and subsequently displayed, even in death. The social hierarchy of the community is evident in the monuments to status that abound. Intricate and imposing memorials mark the final resting places of wealthy and well known industrial barons including Birdsells, Olivers, Studebakers, Chapins, Andersons and others. Families also began purchasing large lots with many plots for family members. Often a large and impressive stone bore the family's name, and the entire lot might be surrounded by ornate coping, monogrammed markers at the corners, or fencing. Architectural details, fully articulated figures, and other sculpted objects adorn markers and monuments throughout. Examples of obelisks are prevalent. Many markers bear floral motifs reminiscent of Eastlake accents. Alternative materials such as colored granite and "white bronze" (zinc) became popular as examples of status. Other stylistic and design changes occurred as well including the use of symbolic motifs such as a willow tree denoting grief, lambs and empty cradles depicting the loss of a child, clasped hands forecasting a reunion in the afterlife, and pointed fingers directing the deceased towards heaven. Plantings also reflected a more reflective impression of death including rosemary for remembrance and other symbolic shrubs and flowers. Grave markers throughout, circa 1831 -1930, reflect changes in stone choices, iconography and symbolism. Formally carved markers, bark covered logs, and various shapes of various stones also boast Eastlake and Sullivanesque decorative elements. Each contributes to the overall landscape in aesthetically pleasing and sometimes unexpected ways. The logs and other markers depicting natural elements reflect the existing natural landscape while communicating information about those whom the markers memorialize. Still others-with their fine carving or large size are a testament to wealth. Unusual stone or material choices accomplish the same. Summary South Bend City Cemetery contains some of the most hallowed ground in South Bend, Indiana. Much can be gleaned about the development of South Bend, the accompanying social mores, economics, genealogy, epidemiology, and the changing cultural sentiments towards life and death as reflected in art, architecture and other monuments. In a 1901 writing in South Bend and the Men Who Have Made It, the City Cemetery is referred to as a "veritable God's Acre, and one of the most impressively interesting of all the interesting points of this city ". This writing is seemingly timeless as the statement stands true to present day. As a cemetery that is so intertwined both within the city and within South Bend's rich history, it remains an integral part of the community. Because of its longevity, it stands as a monument to South Bend, creating strong ties to the citizenry and memories of the community. Representing the city's involvement in government and war, it also links the great early families of South Bend, like the founders and Studebakers, keeping their influence an intact aspect of the history of the community. Also, the impact of the cemetery is not stagnant, and it continues to be a major part of city programs, such as Memorial or Veteran's day events. These activities make cemeteries an asset to the community that honors its past. Section 8 page 22 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and Stale Developmental History /Additional historic context information COMPARISON CEMETERIES Bowman Cemetery The City of South Bend maintains one other cemetery and that is Bowman Cemetery on South Miami Street. In 1835, Mr. Jacob Bowman gave a half acre of the comer of his farm for a burial ground intended for Dunkards or German Baptists. Just as City Cemetery, the land once considered so far out of the town limits has been embraced by neighborhood all around. The original tract has been enlarged several times to its current six acre property. Bowman Cemetery was turned over to the City of South Bend in 1957 when the private Bowman Cemetery Association, established in 1876, could no longer maintain the property. It is state law that cities are required to take the burden of cemetery maintenance when the owner cannot pay for it. The view to the north from the entrance is of a terraced lawn. Bowman cemetery consists of three distinct sections, and represents the characteristics of a municipal cemetery. In great contrast with the later circular lawn movement designs of City Cemetery, Bowman cemetery plats are very regular, with virtually no curved paths. Only in section three, there are three round plats, located as opposite points in the section. These round forms, particularly the middle one, were inevitably designed to serve as visual landmark to direct the viewer and encourage the walk - through. There are many towering trees on the property. Separated from Bowman Cemetery by only a chain link fence is the Rosehill Jewish Cemetery. The current is the second location of the cemetery, as the graves were removed from their original location on the property where Singer built its factories on Madison Street between N. Niles Ave. and the East Race in 1868. Riverview Cemetery Another cemetery of note is Riverview Cemetery, also in South Bend, which was established in 1900. Like City and Bowman cemeteries, Riverview, too began outside city walls, on land that at the time was farmland. In 1900, this farmland was purchased by Albert Myers, who established the cemetery. Riverview consists of 80 acres, 72 of which are developed. Riverview Cemetery has 2 Chapel Mausoleums, 4 Garden Mausoleums, and 26 Private Estates on the grounds. Although 58 years younger, Riverview is almost 4 times as large as City Cemetery. LaSalle Park, a tract which joins the cemetery to the north, was dedicated to the Indiana Historic Society as the site for a monument to the explorer LaSalle who traveled up the St. Joseph River. To the west, Riverview is joined with the Highland Cemetery. It is now the place of burial for the Studebakers, who were relocated from City Cemetery. Section 8 page 23 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0016 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State 9. Major Bibliographical References Bibliography (Cite the books, articles, and other sources used in preparing this form.) A Resolution Concerning the Care of Certain Lots in the City Cemetery in the City of South Bend, Indiana. 21 Oct. 1941. Anderson and Cooley. South Bend and the Men Who Have Made It. Historical, Descriptive, Biographical. South Bend: Tribune Print Co., 1901. Print. "Brief Synopsis of a Few Cemetery Fence Companies." Chicora Foundation, Inc. Web. 17 Mar. 2008. ahttp: / /chicora.org >. Carmack, Sharon DeBartolo. Your Guide 10 Cemetery Research. Cincinnati, OH: Betterway, 2002. Print. "Cemetery Map No. 2 Southwest." Map. St. Joseph County Recorder's Office. 1883. 39. Print. City Cemetery South Bend, Ind. 1828 -1875 pt. 1. "City of South Bend, West Part." An Illustrated Historical Atlas ofS1. Joseph Co., Indiana. 1875.26. Print. Clarke Coquillard, Mary. Alexis Coquillard -His Time: A Story of the Founding of South Bend, Indiana. Publication No. 4. South Bend: Northern Indiana Historical Society, Inc, 1967. Print. Czyzewski, Francis K. "City Cemetery's Dead of Long, Long Ago Quickly Forgotten in Hub -Bub of Today." South Bend Tribune. Print. Division of Natural Resources, State Division of Historic Preservation and Archaeology, South Bend Community Development, and St. Joseph Board of Commissioners. City of South Bend Summary Report: Indiana Historic Sites and Structures Inventory. Rep. 1981. Print. Division of Natural Resources, State Division of Historic Preservation and Archaeology, South Bend Community Development, and St. Joseph Board of Commissioners. City of South Bend Summary Report: Indiana Historic Sites and Structures Inventory. Rep. 2006. Print. "Eight Notable Graves Given Public Upkeep: City Honors Memory of Distinguished Early Citizens." South Bend Tribune 28 Oct. 1941. Print. Fosmoe, Margaret. "Marble Studebaker Tomb Now Just a Memory." South Bend Tribune 18 Apr. 1989. Print. Hacker, Debi. "Cemetery Preservation: Making Good Choices." Paper presented at the National Preservation Institute seminar, Greensboro, North Carolina, May 7 -9, 2007. Historic Background of South Bend and St. Joseph County in Northern Indiana. Daughters of the American Revolution, 1927. Print. Sections 9 -end page 24 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State "History." The Homewood Cemetery Historical Fund. Web. 14 Jan. 2011. < http: // www. thehomewoodcemetery.org /content. php ?cat= history &page = default >. Hollister, Ovando James. Life of Schuyler Colfax. New York: Funk & Wagnalls, 1886. Indiana Historic Sites and Structures Inventory. State of Indiana Department of Natural Resources. Historic name: Coquillard's Folly. Historic Preservation Commission Surveyor Summer 1979 and James Pastor 1988. Kepshire, Thomas, and Buzzy Productions. "South Bend's Historical Heritage." Monon.monon.org. Monon Railroad Historical- Technical Society, Inc. Web. 12 Nov. 2009. <http://www.monon.monon.org>. Kovas, Marchmont. South Bend Tribune 9 Aug. 1976. Print. Lewis, Grant. "McKinley's Grandparents Early Settlers in St. Joseph County; Both Died on Same Day, Their Wedding Anniversary; Bodies Lie in City Cemetery." News Times [South Bend] 21 Oct. 1921. Print. Llewellyn, John F. A Cemetery Should Be Forever: the Challenge to Managers and Directors. Glendale, CA: Tropico, 1998. Print. "Map of Cemetery South Bend 1 st Addition." Map. St. Joseph County Recorder's Office. 1883.005 -06. Print. "Map of Cemetery South Bend 2nd Plat Addition." Map. St. Joseph County Recorder's Office. 1883. Print. Martin, Edward Winslow. A Complete and Graphic Account ofthe Credit Mobilier Investigation. Washington: The Continental Publishing Company and National Publishing Company, 1873. "Monument to Soldier Dead is Unveiled." South Bend Tribune 22 June 1914. Print. National Cemetery Administration, Dept. of Veterans Affairs, "History and Development of the National Cemetery Administration." http:// www.cem.va.gov /ncahistfact.html (accessed May 2009). "Old Canal Filled for Lots in City Cemetery." South Bend Tribune 24 May 1961. Print. "Outlots to the Town of South Bend by State Bank of Indiana." Map. St. Joseph County Recorder's Office. 1853.621. Print. "Peter Roof, 1753 -1831, Lies In City's Oldest Grave." South Bend Tribune 12 Sept. 1948. Print. Photographs. South Bend Tribune Archives, South Bend, IN. "Plan Tablet Dedications: Colfax and McKinley Graves to Be Marked." South Bend Tribune 15 Oct. 1937. Print. Sections 9 -end page 25 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State "Plat of 3rd Addition to the Cemetery of South Bend." Map. St. Joseph County Recorder's Office. 1883. Print. Sievers, George E. "Plat of City Cemetery So. Bend, Ind." Map. City Cemetery Records. South Bend, 1964. Print. Pregill, Philip, and Nancy Volkman. Landscapes in History. New York: Van Nostrand Reinhold, 1993. Remes, Naomi. "The Rural Cemetery." 10 Century Magazine, Winter 1979. Randy Nowacki, Sexton. St. Joseph County, Indiana City Cemetery Survey. South Bend: Randy Nowacki, Sexton. Print. Ruger, Albert. "South Bend Bird's Eye View." Map. 1866. Print. Saint Joseph County Historical Survey. Crumlish/Sporleder and Associates. 1979. Studebaker Mausoleum in City Cemetery. South Bend, Indiana, Annual Report, 1899, 1907, 1923. South Bend Indiana Common Council. Meeting ofthe Common Council. 25 January 1897. South Bend Indiana Common Council, Meeting of the Common Council; 26 December 1898. Smith, Williard Harvey. The Life and Times of Hon. Schuyler Colfax. Indianapolis: Indiana Historical Bureau, 1952. Trinkley, Ph.D., Michael, and Debi Hacker. PRESERVATIONASSESSMENT OFCITYCEMETERY, SOUTH BEND, INDIANA. Rep. South Bend: Chicora Research Contribution 512, 2009. Print. United States Geological Survey, topographic map of the South Bend West quadrangle (7.5 minute series, 2009). Watson, Anne. "Cemetery History Dug Up by Worker." South Bend Tribune 23 Aug. 1987. Print. Previous documentation on file (NPS): preliminary determination of individual listing (36 CFR 67) has been requested previously listed in the National Register !previously determined eligible by the National Register !designated a National Historic Landmark _ recorded by Historic American Buildings Survey # Sections 9 -end page 26 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery Name of Property !recorded by Historic American Engineering Record # recorded by Historic American Landscape Survey #, Primary location of additional data: _ State Historic Preservation Office Other State agency Federal agency St. Joseph, Indiana County and Slate x Local government University x Other Name of repository: St. Joseph Public Library, Historic Preservation Commission of South Bend & St. Joseph County, Sexton Cottage Historic Resources Survey Number (if assigned): 201 -598- 27001 -011 10. Geographical Data Acreage of Property 21.36 acres Use the UTM system UTM References Datum (indicated on USGS map): EI NAD 1927 or 1. Zone: 16 2. Zone: 16 3. Zone: 16 4. Zone: 16 NAD 1983 Easting: 560778 Easting: 561067 Easting: 561025 Easting : 560751 Sections 9 -end page 27 Northing: 4614694 Northing: 4614461 Northing: 4614290 Northing: 4614279 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10-900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and Stale Verbal Boundary Description (Describe the boundaries of the property.) A parcel of land located in the Southwest %4 of Section 2, Township 37 North, Range 2 East and also in the Northwest 1/4 of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: Beginning at the intersection of the East right of way line of Walnut Street and the North right of way line of the first East/West alley North of Colfax Avenue, said line also being the North line of Rockafeller's 2nd Addition to the City of South Bend; thence North along said East right of way line of Walnut Street a distance of 594.5 feet to the South line of a 15 foot alley and the South line of Swaggart's Addition; thence East a distance of 168 feet to the East right of way line of a North /South alley; thence North along the East line of said North /South alley a distance of 954 feet, more or less, to the intersection of said North /South alley and.the Southwestern right of way line of LaPorte Avenue; thence Southeasterly along said LaPorte Avenue right of way line to the intersection of said right line of LaPorte Avenue and the North right of way line of Linden Avenue, a distance of 1,250 feet, more or less; thence West along said North right of way line of Linden Avenue a distance of 165 feet, more or less to the end of said Linden Avenue right of way; thence South along the West line of two unrecorded lots and a portion of a third unrecorded lot with Tax ID numbers of 018 -1043 -1844, 018- 1043 -1849 and 018- 1043 -1850, a distance of 295 feet, more or less to the Northwest corner of Neitzel Subdivision and the Northwest corner of Lot 6 in said subdivision; thence South along the West line of said Neitzel Subdivision a distance of 275 feet, more or less, to the North line of the North right of way of said East /West alley North of Colfax Avenue and the North line of said Rockafeller's 2nd Addition; thence West along said the North right of way line of said alley a distance of 920 feet, more or less, to the place of beginning. Boundary Justification (Explain why the boundaries were selected.) Legal Description as written. 11. Form Prepared By name /title: Elicia Feasel, Assistant Director: Amy Minnick• Olea Brvazka organization: Historic Preservation Commission of South Bend & St Joseph County street & number: County -City Buildinla city or town: South Bend state: Indiana zip code: 46601 e -mail SBSJCHPCnaco.st- joseph.in.us telephone: 574/235.9798 date: January 2014 Sections 9 -end page 28 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Additional Documentation Submit the following items with the completed form: Maps: A USGS map or equivalent (7.5 or 15 minute series) indicating the property's location. Sketch map for historic districts and properties having large acreage or numerous resources. Key all photographs to this map. • Additional items: (Check with the SHPO, TPO, or FPO for any additional items.) Sections 9 -end page 29 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Forth 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Photographs Submit clear and descriptive photographs. The size of each image must be 3000x2000 at 300 ppi (pixels per inch) or larger. Key all photographs to the sketch map. Each photograph must be numbered and that number must correspond to the photograph number on the photo log. For simplicity, the name of the photographer, photo date, etc. may be listed once on the photograph log and doesn't need to be labeled on every photograph. Photo Log Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Olga Bryazka Date Photographed: 05/10/2012 Description of Photograph(s) and number, include description of view indicating direction of camera: 0001 Main Gate and fence looking north 1 of 11 Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Olga Bryazka Date Photographed: 04/25/12 Description of Photograph(s) and number, include description of view indicating direction of camera: 0002 Sexton's Cottage looking east 2ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Sections 9 -end page 30 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NIPS Form 10 -800 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Photographer: Olga Bryazka Date Photographed: 04/25/12 Description of Photograph(s) and number, include description of view indicating direction of camera: 0003 Maintenance Building looking east 3ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Elicia Feasel Date Photographed: 05 /25/10 Description of Photograph(s) and number, include description of view indicating direction of camera: 0004 First Grave (Peter Roof) looking east 4ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Elicia Feasel Date Photographed: 04/25/10 Description of Photograph(s) and number, include description of view indicating direction of camera: 0005 General view, looking west 5ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Sections 9 -end page 31 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Fonn 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Photographer: Elicia Feasel Date Photographed: 05 /25/10 Description of Photograph(s) and number, include description of view indicating direction of camera: 0006 The Linden Gate looking northeast 6ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Olga Bryazka Date Photographed: 04/25/12 Description of Photograph(s) and number, include description of view indicating direction of camera: 0007 Kankakee Mill Race looking southwest 7ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Elicia Feasel Date Photographed: 05/25/10 Description of Photograph(s) and number, include description of view indicating direction of camera: 0008 Mill Race Bridge looking southeast 8ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Sections 9 -end page 32 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Photographer: Olga Bryazka Date Photographed: 04/25/12 Description of Photograph(s) and number, include description of view indicating direction of camera: 0009 Studebaker Mausoleum looking northwest 9ofII Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Elicia Feasel Date Photographed: 05/25/10 Description of Photograph(s) and number, include description of view indicating direction of camera: 0010 Miller Mausoleum looking west 10 of 11 Name of Property: South Bend City Cemetery City or Vicinity: South Bend County: St. Joseph State: Indiana Photographer: Elicia Feasel Date Photographed: 05/25/10 Description of Photograph(s) and number, include description of view indicating direction of camera: 001 1 General view looking east 1l of II Sections 9 -end page 33 United States Department of the Interior National Park Service / National Register of Historic Places Registration Form NPS Form 10 -900 OMB No. 1024 -0018 South Bend City Cemetery St. Joseph, Indiana Name of Property County and State Paperwork Reduction Act Statement: This information is being collected for applications to the National Register of Historic Places to nominate properties for listing or determine eligibility for listing, to list properties, and to amend existing listings. Response to this request is required to obtain a benefit in accordance with the National Historic Preservation Act, as amended (16 U.S.C.460 et seq.). Estimated Burden Statement: Public reporting burden for this form is estimated to average 100 hours per response including time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct comments regarding this burden estimate or any aspect of this form to the Office of Planning and Performance Management. U.S. Dept. of the Interior, 1849 C. Street, NW, Washington, DC. Sections 9 -end page 34 LEGAL DESCRIPTION FOR CITY CEMETERY A parcel of land located in the Southwest % of Section 2, Township 37 North, Range 2 East and also in the Northwest % of Section 11, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana and more particularly described as follows: Beginning at the intersection of the East right of way line of Walnut Street and the North right of way line of the first East/West alley North of Colfax Avenue, said line also being the North line of Rockafeller's 2nd Addition to the City of South Bend; thence North along said East right of way line of Walnut Street a distance of 594.5 feet to the South line of a 15 foot alley and the South line of Swaggart's Addition; thence East a distance of 168 feet to the East right of way line of a North /South alley; thence North along the East line of said North /South alley a distance of 954 feet, more or less, to the intersection of said North /South alley and the Southwestern right of way line of LaPorte Avenue; thence Southeasterly along said LaPorte Avenue right of way line to the intersection of said right line of LaPorte Avenue and the North right of way line of Linden Avenue, a distance of 1,250 feet, more or less; thence West along said North right of way line of Linden Avenue a distance of 165 feet, more or less to the end of said Linden Avenue right of way; thence South along the West line of two unrecorded lots and a portion of a third unrecorded lot with Tax ID numbers of 018. 1043.1844, 018 - 1043.1849 and 018. 1043.1850, a distance of 295 feet, more or less to the Northwest corner of Neitzel Subdivision and the Northwest corner of Lot 6 in said subdivision; thence South along the West line of said Neitzel Subdivision a distance of 275 feet, more or less, to the North line of the North right of way of said EastlWest alley North of Colfax Avenue and the North line of said Rockafeller's 2nd Addition; thence West along said the North right of way line of said alley a distance of 920 feet, more or less, to the place of beginning. cPi rit h/ i t>ra< RESOLUTION NO. �� 2 �— i3 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE ESTABLISHMENT OF A 5 -YEAR ACTION PLAN FOR THE REVITALIZATION AND PRESERVATION OF THE HISTORIC CITY CEMETERY (')%_,,w.;, the Common Council of the City of South Bend, Indiana, acknowledges that South Bend founders, Alex Coquillard and Lathrop Taylor, donated the land which became South Bend's oldest cemetery - located just west of the downtown at LaPorte Avenue along the north and its main entrance off Elm Street which is today located just outside and northwest of the West Washington National Register District; and I11.•K.., the Common Council notes that the first recorded burial was Peter Roof, a Revolutionary War veteran in 1831; followed by burials of prominent African - American families such as the Bryants and Powells, with this cemetery being notable for never being segregated; and !I / /,. •.•.;, City Cemetery has grown to be the home to approximately 14,800 final resting places on its 21.36 acres, with the historic and ornate entry gates being erected in 1899; and %IG •r.•... William G. George, South Bend's first Mayor; James and Mary McKinley, the paternal grandparents of President McKinley who both died of typhoid fever on their 43`d wedding anniversary on August 20, 1847; John Auten, the first solider from St. Joseph County to be killed in the Civil War in 1861; Norman Eddy who was a U.S. Congressman and served as a Colonel in the Union Army during the Civil War who died in 1872; South Bend Police Officer Lewis Keller who was killed in 1898 during a robbery of a store on Washington Street; Congressional Medal of Honor Recipient Private Enoch R. Weiss who served in the U.S. Army in Company G, I" US Cavalry who died in 1917; South Bend Police Officer Howard Wagner who was killed at the age of 29 by John Dillinger's gang during the robbery of downtown Merchants Bank in 1934; and Schuyler Colfax who served as Speaker of the House of Representatives from 1863 -1869, and served our country as the 17'x' Vice - President of the United States from 1869 -1873 under President Ulysses S. Grant - are just some of the thousands of individuals buried in this historic City Cemetery along with the many infants who died from teething, consumption, whooping cough, scarlet fever and measles; and the Common Council notes that in 2009, the Historic Preservation Commission of South Bend and St. Joseph County partnered with the Schuyler Colfax Chapter of the Daughters of the American Revolution (DAR) to collaborate together and promote the preservation of City Cemetery, with its Mission Statement "to preserve, protect, share carefully and treat reverently this hallowed and historic site'; and /l /7 • ,,,.; the Common Council acknowledges that on May 1, 2009, a 93 -page copyrighted publication entitled Preservation Assessment of City Cemetery, South Bend, Indiana, also referred to as the Chicora Research Contribution 512, was prepared by Michael Trinkley, PhD and Debi Hacker of Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 2 Chicora Foundation, Inc. who specialize in cemetery preservation with a special emphasis on conservation treatments, cemetery preservation plans, marker inventories and assessments, historical research, grave identification, archaeological investigations, and cemetery preservation workshops for Amy B. Minnick, Assistant Director of the Historic Preservation Commission of South Bend with this detailed publication being available at http://www.chicora.org/pdfs/RC512.pdf, and t%� . •; the Common Council further notes that the Preservation Assessment of City Cemetery, South Bend, Indiana publication sets forth key data, information, maps, pictures and recommendations addressing the following topic: Introduction — preservation fundamental, the Cemetery — its setting and context, factors affecting the landscape character, administrative and legal issues; Historic Synopsis; Road and Pedestrian Issues; Lighting and Security Issues; Cemetery Fixtures and Furnishings; Landscape Maintenance; Other Maintenance Issues; Conservation Issues; Priorities and Funding Levels; and detailed source information as well many recommendations; and on January 14, 2013, the South Bend Common Council unanimously adopted Resolution No. 4226 -13, which officially declared March 23`a of each year as "Schuyler Colfax Day in South Bend, Indiana" to recognize his public service career and especially his determined dedication to civil rights and the passage of the 13 "' Amendment in 1865 to abolish slavery, the passage of the 14 "' Amendment in 1868 addressing due process, and equal protection, and the 15 "' Amendment in 1869 addressing the right to vote regardless of one's race, color or previous condition of servitude; and the fact that he was the first person from Indiana to be elected Vice- President of the United States; and on March 23, 2013, the 190'h birthday of Schuyler Colfax, members of the South Bend Common Council, representatives of the Colfax Chapter of the Daughters of the American Revolution, union members, city residents, Historic Preservation members, members of the St. Joseph Lodge 45 of the Free Masons, and concerned citizens gathered at 601 West Colfax Avenue, where Schuyler Colfax once lived in patriot observance of the first observance of "Schuyler Colfax Day "; this year's celebration of Schuyler Colfax then continued to his final resting place in City Cemetery, where he, and his son Schuyler Colfax, Jr. who was the l 1'h Mayor of the City of South Bend serving from 1899 -1902, and other family members are buried; and this year's celebration was dampened by seeing first -hand the overall condition of City Cemetery which has far too many neglected and broken headstones many of which have weathered into anonymity, a place which has repeatedly become the target for vandals with well over one hundred grave markers pushed over and damaged resulting in significantly hurting our rich City's history; and (AX -ter,.; since March, spirited discussions have taken place with regard to developing a collaborative approach and partnerships to making the preservation and maintenance of historic City Cemetery a top priority so that its rich history and the thousands buried there is continued for future generations. It was noted that in 2011, there was a Veterans Day Tour of City Cemetery led by the Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 3 Center for History and that in 2008 the DAR Schuyler Colfax Chapter and volunteers from the DuComb Center raked leaves, trimmed bushes, scraped, primed and painted the rod iron fence which surrounds City Cemetery; and /y.....; the Council recognizes that the City Cemetery Trust Fund # 730 has a modest balance with one item noted in the budget detail that cemetery records have begun to be digitized; yet so much more that needs to be addressed so that City Cemetery can again become a place of peace and learning about the countless number of persons who are buried there, the magnificent tombstones, the veterans section, the potter's field which provide an opportunity to appreciate and renew our interest in our City's history, its former residents; and a cemetery uniquely located in a developing urban setting; and creative and innovative methods such as those used to renovate and re- dedicate the gravesites of Charles Curtis, who served as a U.S. Vice - President from 1929 -1933, and his wife, Anna Baird Curtis, who are buried in Topeka Cemetery in Kansas. The project went from gravesites which "looked terrible and embarrassing" to upgrading cemetery roads, curbing, replacement of flag poles, and upgrading the gravesites to include engraving the Vice - Presidential Sea] into the granite headstone and "Son of the Kanza Nation" to honor the Vice - President's Native American heritage. The first donation received for the cemetery renovation project came from the Potawatomi Nation, which triggered donations from the Sac and Fox Nations, the John Haupt Chapter of the Daughters of the American Revolution, local historians and other interested groups and citizens; with a public celebration and rededication taking place in 2002. Amy r4 Ce & reAWmeZ by the Common Council of the City of South Bend, Indiana, as follows: Section 1. The Common Council believes that the City of South Bend's oldest cemetery, City Cemetery, has been neglected for far too long. With the eye- opening experience which took place at the 1" annual "Schuyler Colfax Day in South Bend, Indiana" in March of this year, the Council sees an opportunity to collaborate together with the City Administration, the Historic Preservation Commission, the Colfax Chapter of the Daughters of the American Revolution, and the many individuals and groups who have expressed an interest in preserving, sustaining and taking positive actions to revitalize City Cemetery. The State of Indiana is known as the "Mother of U.S. Vice- Presidents" - namely Schuyler Colfax, Thomas A. Hendricks, Charles W. Fairbanks, Thomas Marshall and Dan Quayle; The Council believes that South Bend should be a leader in preserving more of our rich history by making City Cemetery another destination point which enriches our present and future by remembering and preserving our past. Section II. The Common Council therefore recommends the establishment of a 5 -year Action Plan for the revitalization and preservation of City Cemetery, which shall be overseen and monitored by the Community Relations Committee of the South Bend Common Council. Specific objectives shall include but not be limited to the following: Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 4 1. Proposing that such Action Plan reflect and identify goals and objectives, specific action items, timelines, measureable outcomes and potential funding sources which the Common Council in conjunction with the City Administration and interested stakeholders including but not limited to representatives from the Colfax Chapter of the Daughters of the American Revolution, the Historic Preservation Commission, and all other persons and organizations interested in preserving and restoring the City Cemetery have had the opportunity to develop which has realistic and sustainable goals for the betterment of the City Cemetery; and 2. Proposing that the City Administration earmark a specific dollar amount from the City Cemetery Trust Fund # 730 for the 2014 calendar year which would be used to leverage donations, contributions and grant opportunities to begin the restoration and preservation of the headstones and markers of Schuyler Colfax and his family so that visible and sustaining improvements may begin by the 2 "d Annual Schuyler Colfax Day in March 2013; and 3. Proposing that the Common Council and the City Administration work together to develop, fund and maintain adequate personnel in the Parks and Recreation Department beginning with the 2014 budget; and 4. Proposing that an immediate reassessment of equipment used to cut grass in City Cemetery be conducted in light of damage to headstones caused reportedly by using large deck lawnmowers and /or large equipment which has not been properly or carefully used and /or 'supervised; as well as damage caused to headstones reportedly by using the improper nylon trimmer line, with new maintenance standard operating procedures being implemented addressing all of these concerns which would take effect as soon as possible. [See: Page 72, Table Prioritization of Recommendations # 1.14 - # 1. 16, et seq. of Preservation Assessment of City Cemetery, South Bend, Indiana] 5. Proposing that priority be given to regularly removing trash from containers; that the use of 55 gallon drums detract from City Cemetery and that more appropriate containers should be considered; that trash should be removed from along the fence surrounding City Cemetery on a more regular basis [See: Page 72, Table Prioritization of Recommendations # 1.23 and Page 75, # 2.15 of Preservation Assessment of Ciry Cemetery, South Bend, Indiana] 6. Proposing a 5 -year capital improvement plan for the City Cemetery; and 7. Proposing that all city ordinances regulating conduct and activities in city cemeteries be updated as soon as practicable, in light of the fact that the City Sexton was eliminated; that the Bureau of Cemeteries was consolidated into the Park Department several years ago; and that vandalism is a growing concern at City Cemetery. [See: Page 72, Table Prioritization of Recommendations # 1.23 of Preservation Assessment of City Cemetery, South Bend,, Indiana] Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 5 8. Proposing that proper regulatory signage be posted. [See: Page 72, Table Prioritization of Recommendations # 1.19 - # 1.20 of Preservation Assessment of City Cemetery, South Bend, Indiana] 9. Proposing that discussions be held as soon as possible between the Police and Park Departments for the purpose of developing multi- faceted policies and procedures to deter vandalism. [See: Page 72, Table Prioritization of Recommendations # 1.18 of Preservation Assessment of City Cemetery, South Bend, Indiana] 10. Proposing that a website be developed, as well as a Facebook page, perhaps similar to the Facebook page started by the "Friends of the Historic Miami City Cemetery" in Miami, Florida, which engages volunteers for "Beautification Days ", Cub Scout and Boy Scout Troop tours and activities, Cemetery Calendar fund- raising, webinars on Landscape Maintenance in Cemeteries, news articles, the erection of Historical Markers depicting the history of that cemetery, along with postings of many historical photographs. Such social media could be aimed at raising awareness to seek out volunteers, donations, create new partnerships with businesses and organizations so that they all have the opportunity to get involved on the City Cemetery Restoration Project; and 11. Proposing that all of the recommendations set forth in the copyrighted publication entitled Preservation Assessment of City Cemetery, South Bend, Indiana, a copy of which is on file in the Office of the City Clerk, be reviewed and prioritized with regard to the feasibility of their implementation pursuant to a realistic timetable; 12. Proposing that any and all potential groups and associations be contacted such as the National Trust for Historic Preservation who publish a Field Guide to Local Preservationists, a copy of which is on file in the Office of the City Clerk; so that a multi- faceted and community -based approaches are developed which capture the renewed energy and excitement which was on display this year at the 1s` Annual "Schuyler Colfax Day in South Bend, Indiana ". Section III . The undersigned members of the Common Council believe that our City's history and our first and oldest cemetery, City Cemetery, should be creatively and proudly preserved into perpetuity -------- Section IV . This Resolution shall be in full f atp$�ffe om�nd after its adoption by the L nd a ro 1 by the Mayor. /// N s Henry, Davis, Jr., District Derek D. Dieter, President & At Large Resolution Establishing a 5 -Year Action Plan for Historic City Cemetery Page 6 vj-",U- Valerie Schey, 3' District -_,a �F e erlic, 4' trict�'_ Dr. David A. Varner, 5'h District John Voorde, City Clerk NOY Appwlt'U Vfrlic, At L. White, Com. of Whole Chair Kathleen Cekanski - Farrand, Council Attorney Pete Buttigi ayor outh Bend Filed. in ....r i 411��Ge t111N 19 Z013 f. GI'fYGI� �� i 1� gCPlli, PPo' P0, 11-o RESOLUTION NO. A JOINT RESOLUTION BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION JOINTLY OPPOSING LEGISLATION REDUCING OR ELIMINATING BUSINESS PERSONAL PROPERTY TAXES WITHIN THE STATE OF INDIANA WHEREAS, Governor Michael R. Pence and other Indiana legislative leaders have proposed the elimination of the Business Personal Property Tax; and WHEREAS, proponents of the elimination have consistently affirmed that the Business Personal Property Tax is a hindrance to the business climate in Indiana, yet numerous publications consistently rank Indiana 1 st in the Midwest in Business Climate and Top 10 in the Nation in Business Tax Climate from the non - profit Tax Foundation; and WHEREAS, Governor Pence stated in a January 10th jobs announcement, "Today's announcement continues to prove why Indiana is the best state in the nation to start or grow a business'; and WHEREAS, it is estimated the loss of revenue to the City of South Bend would be approximately $8,000,000 and would necessitate significant cuts to police, fire, public works, parks and recreation and other essential City service departments; and WHEREAS, if the elimination were to take place, the South Bend Community School Corporation estimates its total revenue loss would be approximately $3,413,000. Necessary cuts to transportation, bus replacement, school building maintenance and technology upgrades would all follow; and WHEREAS, the City of South Bend firmly believes that quality of life amenities and economic development go hand -in -hand as our residents require essential and community services that are paid for from Business Personal Property Taxes; and WHEREAS, the statewide elimination of the Business Personal Property Tax would significantly harm economic development efforts locally where South Bend has seen significant economic growth and continues to be a leader in Indiana. NOW THEREFORE BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA AND THE SOUTH BEND COMMUNITY SCHOOL CORPORATION AS FOLLOWS: SECTION I: The City of South Bend, Indiana, and the South Bend Community School Corporation stand firmly opposed to any attempts which would diminish the revenue collected from the Business Personal Property Tax without a stable and equal revenue stream to replace the lost dollars and urge our local legislators to vote against any attempt to do so. SECTION II: This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. FIOT APPROVED `tiDOPTEP Member of the Common Council Sig,111, 6f & ,s W! i, ordy to pome an Gound action on Oils inae, CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR OFFICE OF THE MAYOR February 5, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend, IN 46601 Re: Resolution Opposing the reduction or elimination of the business personal property tax Dear President Davis: Currently two bills are making their way through our state legislature regarding the proposed reduction or phased out elimination of the business personal property tax here in Indiana. If either of these bills were to be signed by the Governor as passed they would cause serious damage to our local budgets. The state legislative service estimates that revenue losses from total elimination of the business personal property tax to the City of South Bend would be on the order of $8,000,000 and on the order of $3,413,000 for our schools. Revenue losses of that magnitude would necessitate cuts to public safety, public works, parks and recreation, and other essential city departments. It would also force our schools to cut and scale back things like planned technology upgrades, bus and transportation services, and school building maintenance. These cuts would be disastrous without a state guaranteed source of replacement revenue. Neither of the bills currently under consideration provides adequately for this replacement revenue. For these reasons I urge the Common Council and South Bend Community School Board to pass this joint resolution and speak with one voice on our need to maintain high quality services for the City of South Bend. I will present this Resolution to the Council at its Committee meeting and at the full Council regular meeting. Filed in Clerk's Gffl n Sincerely, — Pete Buttigleg, 56t -4'a Va;c City of South Bend CITY CLERK, WiWH rzr &END, IN 1400 COUNTY -CITY BUILDING • 227 W. JEFFERSON BOULEVARD • SOUTH BEND, INDIANA 46601 PHONE 574/235 -9261 • FAx 574/235 -9892 • TTY 574/235 -5567 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 17 ARTICLE 2, SECTION 17 -27.1 OF THE SOUTH BEND MUNICIPAL CODE TO INCREASE WASTE DISCHARGE RATE FROM $0.06 TO $0.151 PER GALLON STATEMENT OF PURPOSE AND INTENT On November 11, 2013, the South Bend Common Council passed Ordinance #10271 -13 which reinserted Chapter 17, Article 2, Section 17.27.1 into the South Bend Municipal Code. That Section of the Municipal Code had been inadvertently eliminated in 2011 by a previous Municipal Code revision which was required by the federal Environmental Protection Agency (EPA) under the Clean Water Act. When Chapter 17, Article 2 Section 17 -27.1 was reinserted in the South Bend Municipal Code in 2013, it retained the original charge of $0.06 per gallon to haulers of septic waste who desire to discharge such waste at the City's Wastewater Treatment Plant. That charge should be increased to $0.151 per gallon, consistent with Subsection (2) of Section 17.27.1, i.e., that "the rates and charges for hauled septic waste shall be subject to the same rate adjustments as unmetered sewage rate for Class I users as described in subsection 17- 21(b)." Applying the same adjustment to hauled septic rates as has been applied to unmetered Class I users, the result is a charge of $0.151 per gallon. This ordinance effectuates that change in rate. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: Section I. Chapter 17, Article 2, Section 17 -27.1 subpart (c)(1) of the South Bend Municipal Code be and hereby is amended to read as follows: Sec. 17.-27.1. Hauled septic tank waste and similar liquid waste discharge requirements and rates. (c) Rates and charges. (1) Each hauler of septic tank waste shall be required to complete discharge records at the plant indicating the origin of location(s) for each tanker discharged. Charges shall be six ee 6) fifteen and one tenth cents ($0.151) per gallon on a full tanker basis. The hauler shall be charged the full tanker volume for each discharge, regardless of actual discharge volume, unless the City installs metering. At that time, charges shall be six ee 4s ($0.06) fifteen and one tenth cents ($0.151) per gallon as metered. Section II. This Ordinance shall be in full force and effect from and after adoption by the Common Council and approval by the Mayor. Member, South Bend Common ouncil Attest: s (A ih s bl,; s only to provW0 an oP tr,.bg for pt uoir, bearing wo Council a*n on ihisie�uue+ :,� City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of 2014, at o'clock _. M. City Clerk Approved and signed by me on the day of M. cm, Isl RfAbiRC --il PUBLIC HEARIRIP D id READING' NOT APROV0 REFERRED PASUD 2014, at _o'clock Mayor, City of South Bend, Indiana i E led i i qq says t; _ CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR .DEPARTMENT OF PUBLIC WORKS January 15, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: Ordinance Amending the Rate for Hauled Septic Waste Dear President Davis: Attached is an ordinance to amend Chapter 17, Article 2, Section 17 -27.1. This Section sets the rate for septic haulers to when dumping their septage at our Wastewater Treatment Plant. It was inadvertently eliminated in 2011 during a prior revision to Chapter 17. Section 17 -27.1 was reinserted in 2013, but the rate included at that time did not reflect the sewage rate adjustments that had occurred since 2004. The 2004 rate was set at $.06 per gallon. This amendment increases the rate to $0.151 per gallon, consistent with Subsection (2) of 17 -27.1 and sewage rate increases that have occurred since the last amendment to Section 17 -27.1 in 2004. Either Al Greek or I will present this ordinance at the Council's Committee meeting and at the public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Eric Horvath Director of Public Works BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND THE SOUTH BEND PUBLIC TRANSPORTATION CORPORATION AND FURTHER APPROPRIATING $972,500.00 FROM COIT FUND ( #404) TO PARTICIPATE IN A COMPRESSED NATURAL GAS FUELING FACILITY PROJECT AND ITS OPERATION PURSUANT TO THE INTERLOCAL AGREEMENT STATEMENT OF PURPOSE AND INTENT The South Bend Public Transportation Company ( "TRANSPO ") is a political subdivision of the State of Indiana, and the recipient of a grant from the United States Department of Energy to design, develop, and construct a Compressed Natural Gas (CNG) fueling station and facility on the site of TRANSPO's headquarters at 1401 South Lafayette Boulevard, near downtown South Bend, Indiana. The City of South Bend (the City) desires to, and would greatly benefit from partnering with TRANSPO in the furtherance of this CNG fueling station and facility project. Such a project is within the scope of Indiana Code Section 36 -1 -7 -1 et. Seq. which provides for Interlocal Cooperation between one or more governmental entities, and the Project as described constitutes an economic development project under I.C. 36- 1 -7 -11.5 because it involves "transportation services [and] transportation infrastructure ". As early as 2010, the City began pursuing use of CNG for use in transportation fuel, and in 2013 the City acquired four solid waste trucks which use CNG exclusively. The cost of fuel for these trucks has been closely monitored and it is substantially lower than the cost of gasoline (presently a cost of $.73 per diesel gallon equivalent). Moreover, CNG is environmentally cleaner with reduced emissions in all categories, and it is a domestic fuel, which reduces security risks to the country Partnership with TRANSPO on the fuel station and facility is expected to further reduce the City's transportation fuel costs, as the City expands its use of CNG fueled vehicles. The proposed Interlocal Agreement which is attached hereto and incorporated herein as Exhibit A constitutes an equal (50150) partnership between the City and TRANSPO for costs and benefits. It is estimated the City will recoup its entire investment within 60 months of operation. Approval of this Interlocal Agreement is in the best economic and environmental interests of the City and its citizens, and appropriation of the sum of Nine Hundred Seventy -Two Thousand Five Hundred dollars ($972,500) which is the City's contribution Y, to the CNG fueling station construction Project contemplated by the Interlocal Agreement, is a sound investment for the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The proposed Interlocal Agreement attached hereto and incorporated herein as Exhibit A is hereby and in all ways approved, and upon its signature by the Mayor of South Bend, and approval by the fiscal body of TRANSPO, it shall be filed with the Mayor of South Bend and with the St. Joseph County Auditor. SECTION II. The sum of Nine Hundred Seventy-Two Thousand Five Hundred Dollars ($972,500) is hereby appropriated from and set aside within County Option Income Tax (COIT) Fund 4404 for City's required contribution to the costs of participating in the construction of a Compressed Natural Gas (CNG) fueling station and facility at 1401 South Lafayette Boulevard, South Bend, Indiana, pursuant to the Interlocal Agreement between the City and the South Bend Public Transportation Corporation ( TRANSPO) which is Exhibit A hereto. SECTION III. Pursuant to Ind. Code 36 -1 -7 -11.5, the appropriated sum shall be paid to TRANSPO per the terms and conditions of the Interlocal Agreement (Exhibit A). SECTION IV. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and any notice or filing required by law. 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 , 2014, at o'clock _. m. City Clerk Approved and signed by me on the _ day of o'clock . M. Mayor, City South Bend, Indiana 10 UADIR1 %Ld —( PUBLIC HEANPTO Urd READING NOT APPROWD REFS%PW, PASSM 2014, at Filed in, a ;se N 2,013 SOH"i CITY CLERK, 6F,1 ,DTI! LEND, IN CITY OF SOUTH BEND PETE BurTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor, County -City Building South Bend, IN 46601 Re: A Bill to Approve TRANSPO Interlocal Agreement and To Appropriate Funds for Compressed Natural Gas Fueling Station Dear President Davis: Attached is an ordinance which approves an Interlocal Agreement with TRANSPO for the construction and operation of a Compressed Natural Gas (CNG) Fueling Station and which appropriates $972,500 for the City's share of this interlocal government project. South Bend has been using CNG exclusively in four solid waste trucks purchased by the City in 2013, and the fuel costs of these trucks have been closely monitored. Substantial savings has been achieved; presently the cost of CNG is about $33 per diesel gallon equivalent. Moreover, CNG is environmentally cleaner with reduced emissions in all categories. The South Bend Public Transportation Company (TRANSPO) has received a federal grant from the U.S. Department of Energy to design, develop and construct a CNG fueling station and facility. It is desirable that the City of South Bend enter an interlocal partnering agreement to construct and share the costs and benefits of such facility. The City's share is $972,500, to be appropriated from COIT funds, and it is estimated that the City will recoup its entire investment within 60 months of the CNG facility's operation. At this time the ordinance is being submitted without the Interlocal Agreement which is in the process of final draft. I will provide the Council with the proposed Interlocal Agreement well in advance of the second and third reading of this Bill. r CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS I will present this Ordinance to the Council at its appropriate Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. c: Kathryn Roos Jonathan Burke John Murphy Sincerely, Eric C. Horvath Director, Public Works MOW . -€ - ...._.,era. Mice ! ! � 4 UL ORDINANCE NO. d- 0(� -1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE TEAMSTER EMPLOYEE WAGE ORDINANCE (No. 10267 -13) TO CORRECT THE ATTACHED SCHEDULE OF POSITIONS AND WAGE RATES STATEMENT OF PURPOSE AND INTENT On October 30, 2013, the Common Council approved Ordinance No 10267 -13 fixing the maximum wages of Teamster Employees for calendar years 2014 through 2016 inclusive ( "the Teamster Wage Ordinance 2014 - 2016). Since passage of the Teamster Wage Ordinance 2014 -2016, the City Administration has identified three errors contained in the original attachment to the Ordinance which were unintended and inconsistent with the terms of the final, ratified collective bargaining agreement between the City of South Bend and Teamsters Local Union No. 364. This Ordinance amends the Attachment to Ordinance No. 10267 -13. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: SECTION I. The Attachment to Teamster Wage Ordinance 2014 -2016 (No. 10267 -13) is amended, and the Amended version is now attached hereto and incorporated herein as Exhibit A. SECTION II. All other terns, conditions, and Sections of the Teamster Wage Ordinance 2014 -2016 (No. 10267 -13) shall remain in full force and effect. SECTION III. After passage by the Common Council and approval by the Mayor, this Ordinance shall be given effect as of January 1, 2014. Attest: City Clerk Member of the Common G6uncil 9%tGlg of INS bill is Only tO pMVMe ail OppotUmdy for pubor, t*Wg end Council a*n on this MOP Presented by me to the Mayor of the City of South Bend, Indiana, on the day of 2014, at o'clock . m. City Clerk Approved and signed by me on the day of 2014, at o'clock . m. Mayor, City of South Bend, Indiana 4 IsT READING Z - -10-4 PUBLIC HEARING 0 rd READING NOT APPROVED REFERR'D PASSW tAN ^ :' 2013 - -_1 2014 Teamster Wage Rates for Salary Ordinance Page 7 or3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 15, 2014 Amended 2013 2014 2.0% 2016 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader- Traffic & Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2 %° 18.57 2% Sign Artist - Job Leader (new position in 2011) 18.73 19.10 2% 19.49 2% 19.88 2% Signal Technician 1 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician 11 18.07 - 18.43 2% 18.80 2% 19.18 2% Signal Technician 11 -Job Leader 18.73 19.10 2% 19.49 2% 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% General Laborer (Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2% Maintenance Technician I Bldg. En 19.28 19.67 2% 20.06 2% 20.46 2% PARK AND RECREATION DEPARTMENT Staff Positions: Arborist 1 18.20 18.56 2% 18.94 2% 19.31 2% Arborist II 19.77 20.17 2% 20.57 2% 20.98 2% Arborist/Weed Control 17.50 17.85 2% 18.21 2% 18.57 2% Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2% Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% Bldg Mtce - Custodian & Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance I 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance II 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Carpenter 1 18.48 18.85 2% 19.23 2% 19.61 .2% Construction Maintenance / Carpenter II 19.07 19.45 2% - 19.84 2% 20.24 2% Construction Maintenance / Carpenter III 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator 11- Park 16.39 16.72 2% 17.05 2% 17.39 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader - Recreation 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader- Street Island 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader- Leeper 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Plaza 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Custodian 17.50 17.85 2% 18.21 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% 16.72 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Zoo Keeper 1 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper 11 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper III 16.57 16.90 2% 17.24 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2% Zoo Keeper / Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV - Park - Garage 17.96 18.62 4% 18.99 2% 19.37 2% Mechanic IV - Park - Golf - 17.96 18.62 4% 18.99 2% 19.37 2% Operator 1 15.92 16.24 2 %- 16.56 2% 16.89 2% Painter IV 17.96 18.32 2% 18.69 2% 19.06 2% Plumber lV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech 16.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% 1 1 2014 Teamster Wage Rates for Salary Ordinance Page 7 or3 2014 Teamster Wage Rates for Salary Ordinance Page 2 o73 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 16, 2014 Amended 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator 11 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator 111 17.12 17.46 2% 17.81 2% 18.17 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 1 18.731 19.10 2% 19.49 2% 19.88 2% EQUIPMENT SERVICES Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair V 19.27 19.66 2% 20.05 2% 20.45 2% General Laborer (Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic 111 - 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk 1 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk II (2) 17.17 17.27 1% 17.62 2% 17.97 2% SOLID WASTE Staff Positions: Driver 17.10 17.44 2% 17.79 2% 18.15 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator ll 16.24 16.56 2% 16.90 2% 17.23 2% Equipment Operator III (Code) 16.73 17.06 2% 17.41 2% 17.75 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Picker 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.721 17.05 2% 17.40 2% 17.74 2% ORGANIC RESOURCES Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% WASTEWATER Staff Positions: CSO Rep 1 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep II 18.20 18.56 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Lift Station - Rep 1 18.20 18.56 2% 18.94 2% 19.31 2% Lift Station - Rep 11 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician 1 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV - 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 - 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance Page 2 o73 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Hourly Pay Rate Levels January 15, 2014 Amended 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% Operator - General 18.20 18.56 2% 18.94 2% 19.31 2% Operator - Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator - Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I -Wastewater 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb & Sidewalk Finisher (3) 18.50 18.87 2% 19.25 2% 19.64 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATER WORKS Staff Positions: Auditor I - Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor II - Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier/ Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2% 17.18 2% 17.52 2% Customer Service & Billing - 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman /Insp 1 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp 11 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman / Insp 111 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader- Water Works 17.96 18.32 2% 18.69 2% 19.06 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech - Helper 15.53 15.84 2% 16.16 2% - 16.48 2% Maintenance Tech 1 16.53 16.86 2% 17.20 2% 17.54 2% Maintenance Tech II 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman 111 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator 15.92 16.24 2% 16.56 2% 16.89 2% Operator ll 16.24 16.81 4% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% Payment Processor- Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 1 15.231 15.53 2% 1 15.85 2% 1 16.16 2% Changes from Ordinance No. 10267 -13. passed October 30. 2013 (1) - rate of $18.73 per hour during 2013. Increase by 2% each year for 2014 through 2016. (2) - actual rate paid of $16.93 per hour during 2013. Increase by 2% each year for 2014 through 2016. (3) - rate of $18.50 per hour during 2013. Increase by 2% each year for 2014 through 2016. 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 2014 Teamster Wage Rates for Salary Ordinance Page I ors City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase TRAFFIC AND LIGHTING DEPARTMENT Staff Positions: Group Leader - Traffic & Lighting 17.39 17.74 2% 18.09 2% 18.45 2% Operations Technician 16.71 17.04 2% 17.39 2% 17.73 2% Sign Artist 17.50 17.85 2% 18.21 2% 18.57 2% Sign Artist - Job Leader (new position in 2011) 18.73 19.10 2% 19.49 2% 19.88 2% Signal Technician l 17.31 17.66 2% 18.01 2% 18.37 2% Signal Technician ll 18.07 18.43 2% 18.80 2% 19.18 2% Signal Technician It - Job Leader 18.73 19.10 2% 19.49 2% 19.88 2% BUILDING MAINTENANCE Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% General Laborer (Bldg Janitors) 15.11 15.41 2% 15.72 2% 16.03 2% Maintenance Technician I (Bldg. En 19.28 19.67 2% 20.06 2% 20.46 2 % PARK AND RECREATION DEPARTMENT Staff Positions: Arborist 1 18.20 18.56 2% 18.94 2% 19.31 2% Arborist 11 19.77 20.17 2% 20.57 2% 20.98 2% Arborist/Weed Control 17.50 17.85 2% 18.21 2% 18.57 2% Asst Greens Superintendent 17.76 18.12 2% 18.48 2% 18.85 2% Athletic Field Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% Bldg Mtce - Custodian & Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Bldg & Structural Maintenance 1 19.07 19.45 2% 19.84 2% 20.24 2% Bldg & Structural Maintenance II 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Carpenter 1 18.48 18.85 2 %. 19.23 2% 19.61 2% Construction Maintenance/ Carpenter II 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance/ Carpenter III 19.77 20.17 2% 20.57 2% 20.98 2% Construction Maintence / Mason 19.07 19.45 2% 19.84 2% 20.24 2% Construction Maintenance / Welder 19.07 19.45 2% 19.84 2% 20.24 2% Dietician 15.76 16.08 2% 16.40 2% 16.72 2% Electrician - Park 19.77 20.17 2% 20.57 2% 20.98 2% Equipment Operator II - Park 16.39 16.72 2% 17.05 2% 17.39 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Group Leader- Recreation 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Street Island 17.50 17.65 2% 18.21 2% 18.57 2% Group Leader - Lesper 17.50 17.85 2% 18.21 2% 18.57 2% Group Leader - Plaza 17.50 17.85 - 2% 18.21 2% 18.57 2% Group Leader - Custodian 17.50 17.85 2% 18.21 2% 18.57 2% Head Custodian 15.76 16.08 2% 16.40 2% 16.72 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator 11 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% - Zoo Keeper I 15.11 15.41 2% 15.72 2% 16.03 2% Zoo Keeper 11 15.93 16.25 2% 16.57 2% 16.91 2% Zoo Keeper III 16.57 16.90 2% 17.24 - 2% 17.58 2% Zoo Keeper IV 17.50 17.85 2% 18.21 2% 18.57 2% Zoo Keeper/ Grower 17.50 17.85 2% 18.21 2% 18.57 2% Mechanic IV - Park- Garage 17.96 18.62 4% 18.99 2% 19.37 2% Mechanic IV - Park - Golf 17.96 18.62 4% 18.99 2% 19.37 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Painter IV 17.96 18.32 2% 18.69 - 2% 19.06 2% Plumber IV - Park 19.77 20.17 2% 20.57 2% 20.98 2% Veterinarian Tech 18.20 18.56 2% 18.94 2% 19.31 2% Zoo Maintenance 16.57 16.90 2% 17.24 2% 17.58 2% 1 2014 Teamster Wage Rates for Salary Ordinance Page I ors 2014 Teamster Wage Rates for Salary Ordinance - Page 2 of City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original .2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase STREET DEPARTMENT Staff Positions: Equipment Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Equipment Operator ll 16.48 16.81 2% 17.15 2% 17.49 2% Equipment Operator 111 17.12 17.46 2% 17.81 2% 18.17 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 18.73 2% 19.10 2% 19.49 2% EQUIPMENT SERVICES Staff Positions: Building Maintenance 16.47 16.80 2% 17.14 2% 17.48 2% Body Repair IV 18.26 18.63 2% 19.00 2% 19.38 2% Body Repair V 19.27 19.66 2% 20.05 2% 20.45 2% General Laborer (Janitor) 15.11 15.41 2% 15.72 2% 16.03 2% Machinist IV 18.26 18.63 2% 19.00 2% 19.38 2% Machinist V 19.27 19.66 2% 20.05 2% 20.45 2% Mechanic III 17.42 17.77 2% 18.12 2% 18.49 2% Mechanic IV 18.25 18.62 2% 18.99 2% 19.37 2% Mechanic V 19.27 19.66 2% 20.05 2% 20.45 2% Parts Clerk 1 16.43 16.76 2% 17.09 2% 17.44 2% Parts Clerk II 16.93 17.27 2% 17.61 2% 17.97 2% SOLID WASTE Staff Positions: Driver 17.10 17.44 2% 17.79 2% 18.15 2% Operator 15.92 16.24 2% 16.56 2% 16.89 2% Operator 11 - 16.24 16.56 2% 16.90 2% 17.23 2% Equipment Operator III (Code) 16.73 17.06 2% 17.41 2% 17.75 2% Job Leader - 18.70 19.07 2% 19.46 2% 19.84 2% Picker 16.34 16.67 2% 17.00 2% 17.34 2% Picker II 16.72 1 17.05 - 2% 17.40 2% 17.74. 2% ORGANIC RESOURCES Staff Positions: Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.20 18.56 2% 18.94 2% 19.31 2% Job Leader 19.00 19.38 2% 19.77 2% 20.16 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% WASTEWATER Staff Positions: CSO Rep 1 17.46 17.81 2% 18.17 2% 18.53 2% CSO Rep II 18.20 18.56 2% 18.94 2% 19.31 2% Dewater Operator 18.20 18.56 2% 18.94 2% 19.31 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Lift Station - Rep 1 18.20 18.56 2% 18.94 2% 19.31 2% Lift Station - Rep If 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician 1 17.14 17.48 2% 17.83 2% 18.19 2% Maintenance Electrician II 17.50 17.85 2% 18.21 2% 18.57 2% Maintenance Electrician III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Electrician IV 19.72 20.11 2% 20.52 2% 20.93 2% Maintenance Electrician V 20.46 20.87 2% 21.29 2% 21.71 2% Maintenance Lead 21.22 21.64 2% 22.08 2% 22.52 2% Maintenance Repair 1 17.46 17.81 2% 18.17 2% 18.53 2% 2014 Teamster Wage Rates for Salary Ordinance - Page 2 of 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 City of South Bend 2014 -2016 Teamster Employees Wage Ordinance Position Maximum Hourly Pay Rate Levels October 30, 2013 Original 2013 2014 2.0% 2015 2.0% 2016 2.0% Position Title Rate $ Rate $ Increase Rate $ Increase Rate $ Increase Maintenance Repair II 18.20 18.56 2% 18.94 2% 19.31 2% Maintenance Repair III 18.97 19.35 2% 19.74 2% 20.13 2% Maintenance Repair IV 19.72 20.11 2% 20.52 2% 20.93 2% Operator - General 18.20 18.56 2% 18.94 2% 19.31 2% Operator - Lead 21.22 21.64 2% 22.08 2% 22.52 2% Operator - Senior 18.97 19.35 2% 19.74 2% 20.13 2% Operator I - Wastewater - 16.63 16.96 2% 17.30 2% 17.65 2% Relief Operator 16.71 17.04 2% 17.39 2% 17.73 2% Sanitation Operator 15.88 16.20 2% 16.52 2% 16.85 2% SEWER DEPARTMENT Staff Positions: Curb & Sidewalk Finisher -- 18.73 2% 19.10 2% 19.49 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Job Leader 19.15 19.53 2% 19.92 2% 20.32 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator II 16.48 16.81 2% 17.15 2% 17.49 2% Operator III 16.57 16.90 2% 17.24 2% 17.58 2% WATERWORKS Staff Positions: _ Auditor I - Barg. 16.30 16.63 2% 16.96 2% 17.30 2% Auditor II - Barg. 17.37 17.72 2% 18.07 2% 18.43 2% Auditor III - Barg. 18.75 19.13 2% 19.51 2% 19.90 2% Auditor IV - Barg. 19.13 19.51 2% 19.90 2% 20.30 2% Clerk Dispatcher III 16.81 17.15 2% 17.49 2% 17.84 2% Shut off Clerk 15.05 15.35 2% 15.66 2% 15.97 2% Courier/ Supply Clerk 16.55 16.88 2% 17.22 2% 17.56 2% Crew Chief 16.51 16.84 2% 17.18 2% 17.52 2% Customer Service & Billing 15.33 15.64 2% 15.95 2% 16.27 2% Data Processor 16.93 17.27 2% 17.61 2% 17.97 2% Engineering Aide III 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman /Insp 1 17.78 18.14 2% 18.50 2% 18.87 2% Field Repairman / Insp II 18.02 18.38 2% 18.75 2% 19.12 2% Field Repairman / Insp 111 18.24 18.60 2% 18.98 2% 19.36 2% General Laborer 15.11 15.41 2% 15.72 2% 16.03 2°% Group Leader- Water Works 17.96 18.32 2°% 18.69 2% 19.06 2% Heavy Equipment Operator 1 17.76 18.12 2% 18.48 2% 18.85 2% Heavy Equipment Operator II 18.41 18.78 2% 19.15 2% 19.54 2% Janitor 15.21 15.51 2% 15.82 2% 16.14 2% Job Leader 18.70 19.07 2% 19.46 2% 19.84 2% Machinist 18.02 18.38 2% 18.75 2% 19.12 2% Maintenance Tech - Helper 15.53 15.84 2% 16.16 2% 16.48 2% Maintenance Tech 1 16.53 16.86 2% 17.20 2°% 17.54 2% Maintenance Tech II 16.99 17.53 3% 18.08 3% 18.64 3% Meter Serviceman III 16.19 16.51 2% 16.84 2% 17.18 2% Meter Serviceman IV 16.81 17.15 2% 17.49 2% 17.84 2% Operator 1 15.92 16.24 2% 16.56 2% 16.89 2% Operator 11 16.24 16.81 4% 17.15 2% 17.49 2% Operator 111 16.57 16.90 2% 17.24 '2% 17.58 2% Payment Processor- Lead 15.43 15.74 2% 16.05 2% 16.37 2% Utility Operator 1 15.231 15.53 2% 1 15.85 2% 1 16.16 2% 2014 Teamster Wage Rates for Salary Ordinance Page 3 of 3 120ON CouNTr -OTr BuaD)NG 227.W. JEFFERSON BLVD. souTn BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR FNoN 574/235 -9216 FAX 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE January 22, 2014 Mr. Oliver Davis President, South Bend Common Council 0' Floor, County -City Building South Bend, IN 46601 Re: A Bill to Amend Teamster Employee Wage Ordinance 2014 -2016 Dear President Davis: Attached is an ordinance to amend Ordinance 10267 -13 which established maximum wages of Teamster Employees of the City of South Bend, Indiana, for calendar years 2014 -2016. The original Ordinance #10267 -13 was submitted in its final, substitute form on October 30, 2013, the date the Teamsters Local Union No. 364 ratified the collective bargaining agreement with the City of South Bend.. We have now determined that the original attachment to Ordinance 410267 -13 contained unintentional errors as to wages, which are inconsistent with the ratified collective bargaining agreement. These errors affect a total of three Teamster positions contained in the original Attachment, i.e.: Sewer Department- - Curb & Sidewalk Finisher; Street Department- -Job Leader; and Equipment Services Parts Clerk H. For clarification, I enclose the original Attachment to Ordinance # 10267 -13, and the amended Attachment with the affected job positions and changes highlighted in yellow. Eric Horvath and I will present this Ordinance at the Council's Personnel & Finance Committee meeting and at the Council's public hearing. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, C� ] Jo Murphy City Controller cc: Mayor Pete Buttigieg Kathryn Roos, Chief of Staff Eric Horvath, Director of Public Works ice Ifflce 3 1 ._ 9 Y!9 6- �\ 0o, 01-�If ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AND ESTABLISHING CERTAIN BOUNDARIES FOR SOUTH BEND TO FURNISH WATER AND SEWAGE SERVICE TO THE PUBLIC STATEMENT OF PURPOSE AND INTENT The City of South Bend has a population over 35,000, and, accordingly, it is a second class city as defined at Indiana Code Section 36- 4- 1 -1(a), and a "municipality" under I.C. 36 -1- 2-11, as well as a "unit" within the definition of I.C. 36- 1 -2 -23. Currently, the City of South Bend regulates the furnishing to the public of water under I.C. 36- 9 -2 -14, and the services of collecting, processing and disposing of waste substances and domestic or sanitary sewage, including the regulation of charges for such services authorized by 36- 9 -2 -16. Pursuant to I.C. Section 36- 9 -2 -18, South Bend, as a municipal unit, may exercise its water and sewage service powers under I.C. 36- 9 -2 -14 and 36- 9 -2 -16, both inside and in areas within four miles outside its corporate boundaries. To promote the orderly and logical growth of the South Bend municipality to areas presently outside its boundaries where residential, commercial, industrial, technological and other urban development is occurring or is likely to occur; to provide the most efficient method of furnishing water and sewage service in the Regulated Territory; and to protect South Bend's investment in infrastructure and improvements in its existing water and sewage utility facilities, it is in South Bend's best interest to create a South Bend Water and Sewage Utility Service Territory within four miles of South Bend's corporate limits. The designated Service Territory does not include areas within the corporate boundaries of the City of Mishawaka, nor will it include customers now connected to and receiving service from other existing water or sewage utilities as of the date this ordinance is adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND as follows: Section I. It is necessary and in the best interests of the City of South Bend and members of the public that the City of South Bend regulate and furnish water and sewage services within an area up to four miles outside the City of South Bend's corporate limits excluding areas within the corporate limits of the City of Mishawaka and excluding customers now connected to and receiving services from other existing water or sewer utilities as of the date this ordinance is adopted. Section II. The Regulated Territory to be serviced by the City of South Bend's water and sewer utilities pursuant to this ordinance is identified and depicted in the Map attached hereto and incorporated herein, a copy of which shall be available for public inspection in the offices of the South Bend Department of Public Works and in the offices of the South Bend City Clerk. Section III. Upon adoption of this Ordinance, the City of South Bend's sewer utility, the South Bend Bureau of Wastewater, shall hold an exclusive license to furnish sewage service under I.C. 36- 9 -2 -16 within the Regulated Territory, and all other utilities are expressly prohibited from furnishing sewage services within the Regulated Territory, except for those customers located in the Regulated Territory that are connected to another sewer utility as of the date this Ordinance is adopted. Section IV. Upon the adoption of this Ordinance, the City of South Bend's water utility, the South Bend Water Works, shall hold an exclusive license to furnish water service under I.C. 36- 9 -2 -14 within the Regulated Territory, and all other utilities are expressly prohibited from furnishing water service within the regulated Territory, except for those customers located in the Regulated Territory that are connected to another water utility as of the date this Ordinance is adopted. Section V. This Ordinance shall not be construed to prohibit an individual property owner within the Regulated Territory depicted on the attached Map from providing water service to such property owner's lot through the drilling of a well on such property if otherwise permissible under State and all applicable local law; provided, however, that water from such well shall not be used to provide water service to owners or lessees of other properties. Section VI. The Rules and Regulations governing the City of South Bend's water and sewer utilities as set forth in Chapter 17 of the South Bend Municipal Code, and as determined by the Board of Public Works from time to time, shall apply to and shall be fully enforceable by the City of South Bend within the Regulated Territory. Section VII. All prior Ordinances or parts thereof inconsistent with any term or provision of this Ordinance are hereby repealed. If any one or more of the terms, provisions or portions of this Ordinance for Regulated Territory shall be deemed by a court of competent jurisdiction to be contrary to law, then such term or provision shall be deemed severable for the remaining terms and shall in no way affect the validity of the other provisions of this Ordinance. Section VIII. Any person, corporation, or other legal entity who violates this ordinance shall be subject to a civil penalty of $2,500 per violation and each day of violation shall be deemed a separate violation. Section IX. 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 Cot&cil =d ���sa�in9 bl Is only to 9101me an Presented by me to the Mayor of the City of South Bend, Indiana, on the — day of 2014, at o'clock —. m. City Clerk Approved and signed by me on the _ day of o'clock —. In. I st READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED , 2014, at Mayor, City of South Bend, Indiana lied In Clam "ll CITY CURK, UitX'K EI�W% I;� Filed In Clerk's Z014. ion -OU"4 Emma IN CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR DEPARTMENT OF PUBLIC WORKS February 5, 2014 Mr. Oliver Davis President, South Bend Common Council 4th Floor County City Building South Bend IN 46601 Re: Ordinance To Establish Certain Boundaries for Sewer & Water Utilities Dear President Davis: Recently, the Indiana Court of Appeals in a landmark, unanimous decision titled Town of Newburgh v. Town of Chandler held that a city or town can obtain exclusive jurisdiction to provide sewer service in a territory outside its borders so long as it is the first entity to enact an ordinance declaring the exclusive right to serve that territory. The Court determined that the proper way for a city to exercise this authority is to enact an ordinance declaring itself the exclusive sewer provider for the territory. Attached for filing with the South Bend Common Council is an ordinance which mirrors the language of the successful ordinance in Town of Newburgh V. Town of Chandler. It would extend the service area of the South Bend sewer and water utilities to a geographic area extending four miles from the City of South Bend's corporate boundaries, excluding areas which fall within Mishawaka's corporate limits. We hope the Council will adopt this ordinance in the best interests of the City of South Bend. I will present it to the Common Council at the appropriate Committee meeting and at the public hearing. Thank you for consideration of this ordinance. Sincerely, Eric Horvath v Director, South Bend Public ;fed in Clerk's v t�� r' leC` 0. 1'&,' LE".t386,:s�aid'i�.eSt+f@?,nSF: