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HomeMy WebLinkAbout02-23-15 Agenda, Packet & Committee Meeting NoticeOffice of the City Clerk JOHN VOORDE, CITY CLERK February 19, 2015 TO: MEMBERS OF THE COMMON COUNCIL FROM: JOHN VOORDE, CITY CLERK The following Common Council Committee Meetings have been scheduled for Monday. February 23. 2015, in the Council Informal Meeting Room, 4th Floor County -Cif Buildina. 227 W. Jefferson Blvd.. South Bend. Indiana: 3:45 P.M. HEALTH & PUBLIC SAFETY & DEREK DIETER, CHAIRPERSON RESIDENTIAL NEIGHBORHOODS DEREK DIETER, CHAIRPERSON 1. Bill No. 05 -15 —Amend the Municipal Code —New Article 12- Addressing Residential Composting Regulations 4:00 P.M. PERSONNEL & FINANCE KAREN L. WHITE, CHAIRPERSON 1. Bill No. 08 -15 —Oppose Senate Bill 198 and House Bill 1019 which would repeal the Common Construction Wage Law 4:15 P.M. PARC COMMITTEE DR. FRED FERLIC, CHAIRPERSON 1. Update on Tree Lawns 4:25 P.M. HEALTH & PUBLIC SAFETY DEREK DIETER, CHAIRPERSON 1. Update on Healthcare Clinic for City Employees Council President Tim Scoff has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Health & Public Safety Committee. INFORMAL MEETING OF THE COMMON COUNCIL TIM SCOTT, COUNCIL PRESIDENT 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor Pete Buttigieg Committee Meeting List Med NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible. 455 County -City Building • 227 W. Jefferson Blvd • South Bend. Indiana 46601 • 574/235 -9221 . Fax 574235 -9173 KAREE.MAH FOWLER JANICE TAI.RLOOM EMILY SEXTON CHIEF DEPUTY DEPUTY ORDINANCE VIOLATION CLERK AGENDA SOUTH BEND COMMON COUNCIL MEETING MONDAY, FEBRUARY 23, 2015 7:00 P.M. 1. INVOCATION - REV. PAUL KOLLMAN C.S.0 THE LEO AND ARLENE HAWK DIRECTOR OF THE CENTER FOR SOCIAL CONCERNS, UNIVERSITY OF NOTRE DAME 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB - COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: BILL NO. 05 -15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS 8. BILLS, THIRD READING TIME: RTT.T. N() 05 -15 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS 9. RESOLUTIONS BILL NO. 15 -11 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OPPOSING SENATE BILL 198 AND HOUSE BILL 1019 WHICH WOULD REPEAL THE COMMON CONSTRUCTION WAGE LAW 10. BILLS, FIRST READING BILL NO. 08 -15 FIRST READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 10346 -15 IN ACCORDANCE WITH SECTION 11 THEREOF AND OTHER MATTERS CONNECTED THEREWITH AND REPEALING ORDINANCES INCONSISTENT HEREWITH 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. Substitute Bill No. 05 -15 O'T° ( Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS STATEMENT OF PURPOSE AND INTENT The Purdue Extension's publication Home & Environment notes that "composting is a tool" which benefits the soil and "a well - maintained compost pile can reduce the amount of yard and food waste that is sent to the landfills each year. According to the U.S. Environmental Protection Agency (EPA), Americans produce more than four pounds of waste per person per day (or 1,600 pounds per person per year). The EPA estimates that 65 percent of that waste is organic and could be composted into a rich material that can improve the soil and enhance the growth of lawns and gardens ". This publication also noted that composing helps: • "Improved soil fertility • Improved soil structure • Improved water - holding capacity • Reduced erosion • Reduced levels of plant pathogens, insects, and weeds" The City of South Bend, Indiana, is in Region 5 of the Environmental Protection Agency programs which states on their website located at http: / /www.epa.gov /region5 /waste /solidwaste /compost that "Region 5 has supported the following activities to help reduce the amount of food and yard waste that needs to be disposed of, and develop markets for compost" which included municipal composting initiatives and grants, webinars, and workshops. The Common Council desires to encourage composting as well as sustainable living while preserving the quality of life in all residential neighborhoods. In furthering the health and public safety of our residents by encouraging composting which benefits soil health, conserves water and helps the environment, all composting conducted in residential neighborhoods must be free from rodents, animal harborage, and odors. The following residential composting regulations are believed to be in the best interests of the City of South Bend, Indiana. //�� �r, /ereri; Owe ©ri/ra/orea/ /f / /rc'6,m '-w �orrorrr /�� / /rc Vi %� rr //r �rrr�l Section I. Chapter 14 of the South Bend Municipal Code is hereby amended by the inclusion of new Article 12 which shall read in its entirety as follows: Residential Composting Regulations Ordinance Page 2 Article 12. Residential Composting Regulations See. 14 -116. Definitions. As used in this Article: (a) Community arden means a parcel or parcels of land which is gardened collectively b a group of individuals and /or a non - profit manization(s) where produce plants and related food items are grown or developed for the benefit of the community. (b) Compost means the product Produced by the composting of vegetative mater. t (c) Composting is the biological treatment process by which microorganisms decompose the organic component of vegetative matter such as Yard or landscuing waste including leaves grass brush, limbs and branches (d) Organic materials for composting mean discarded garden nlants ass clippings tree Leaves, and plant trimmings spent flowers weeds sawdust woo ash straw, fruit and vegetable peels, egg shells, lettuce leaves trimmings from kitchen scraps coffee grounds tea leaves/bags, and other raw non - greasy food wastes." Sec. 14 -117. Compost Area Size and Location Regulations/Limited Exceptions for Community Gardens. (a) A compost area may only be located in the rear yard of a residentially zoned parcel, shall be located at least five (5) feet from lot lines and no closer than twenty (20) feet to any habitable butldmg other than the residential owner's own home (b) All compost areas shall comply with applicable zoning regulations of Chanter 21 of the South Bend Municipal Code and shall not exceed a total of one hundred (100) cubic feet in volume lots greater than ten thousand (10 000) square feet and no greater than five (5) feet high .1 (c) If a community garden located within the City is anticipated to exceed the cubic feet ' This definition is from the Indiana Department of Environmental Management (IDEM) Office of Land Quality publication dated January 24, 2000, a copy of which is on file in the Office of the City Clerk. This definition is from the Department of Horticulture's Purdue University Cooperative Extension Service publication written by B. Rosie Lerner entitled "Managing Yard Wastes: Clippings and Compost" Oct. 2002, a copy of which is on file in the Office of the City Clerk. ' Reasonable set back regulations are consistent with the City's zoning regulations which are to promote "...the public health, safety, comfort, morals, convenience, and general welfare" addressed in South Bend Municipal Code § 21- 01.01(c)(3). Residential Composting Regulations Ordinance Page 3 provisions set forth in Paragraph (b) of this Section the individual(s) charged with managing the community garden must contact the Department of Code Enforcement and Provide the following information: 1. Commonly known address of the location or Proposed location of the community garden: 2. Name of the individual(s) and /or non - profit organization(s) who will manage the community garden and see that it will be maintained; and 3. May of the parcel(s) of land showing the setback lines proposed area and proposed size of the compost area Upon approval by the Director of the Department of Code Enforcement or his/her designee the compost area may be developed subject to all other Provisions set forth in this Article Sec. 14 -118. Compost Containers. (a) Composting may be conducted within a covered or uncovered container, enclosed on all vertical sides. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container shall be free of rot. (b) Compost containers include bins composters and compost digesters (c) The pile method or having uncontained exposed materials for composting is not permitted 4 Sec. 14 -119. Materials Permitted and Not Permitted to be Composted (a) Only organic materials such as grass clippings leaves spent flowers weeds; as well as sawdust, wood ash, plant trimmings straw, fait and vegetable peels egg shells lettuce leaves and trimmings from kitchen scraps coffee grounds tea leaves/bags and other raw non easy food wastes may be placed in any compost container. (b) None of the following materials shall be placed in any compost container• meat bones oils, fish, dairy products any greasy kitchen wastes bread plastics synthetic fibers human or pet wastes, cat litter, treated or painted wood and diseased plants.' a Regulations prohibiting the pile method are consistent with the U.S. Environmental Protection Agency (EPA) publication entitled GreenScapes U.S. EPA Sustainable Landscapes publication entitled "Backyard Composting — It's Only Natural ", October 2009, EPA530 -F -09 -026, a copy of which is on file in the Office of the City Clerk. 5 These regulations are consistent with the Indiana Department of Environmental Management (IDEM)'s Fact Sheet on "Backyard Composting ", August 2013, and Purdue University Cooperative Extension's Home & Environment Residential Composting Regulations Ordinance Page 4 Sec. 14 -120. Maintenance Required. Compost materials shall be layered aerated moistened turned and managed to promote effective decomposition of the materials to a safe secure and sanitary manner. Compost materials shall be covered with a laver of material such as leaves straw, wood chips or finished compost to reduce odors. All compost containers shall be maintained so that they are in compliance with Section 14 118. Sec. 14 -121 Educational Materials and Postings The City of South Bend shall prominently post on their official municipal website educational information on composting. Additional information may also be made available through the Department of Code Enforcement and other City offices 6 Sec. 14 -121. Penalties for Non - Compliance. (a) Any person violating any of the regulations set forth in this Article shall be subiect to a fine of twenty -five dollars ($25.00) for a first offense; fifty dollars ($50.00) for a second offense and not less than two hundred fifty dollars ($250.00) for all subsequent violations Each day shall constitute a distinct and separate offense All such fines shall be paid to the Ordinance Violations Bureau. (b) The Department of Code Enforcement shall be charged with enforcing the provisions of this Article and shall have the additional authority to abate any nuisance created and caused hyy the violation of this Article consistent with the provisions in Chanter 16 Article 8 of the South Bend Municipal Code entitled Nuisances; Penalty. Section 1I. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance 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 III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Valerie Schey, 3rd District Council Member publication written by Jason P. deKoff, Brad D. Lee, and Michael V. Mickelbart entitled "Household Composting: Methods and Uses for Compost', November 2007, copies of which is on file in the Office of the City Clerk. b The Indiana Department of Environmental Management (IDEM) published a "Backyard Composting Fact Sheep' which may be accessed at http://www.recycle.IN.gov/. Residential Composting Regulations Ordinance Page 5 Oliver J. Davis, 6" District Council Member Office of the City Clerk M ekw/eilby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. _.m. 1st RFAD05 2-- I �� PUBLIC HEARIAG 3 rd READING NOT APPROVED REFERRED PASSED Janice Talboom, Deputy Clerk me on the _ day of Pete Buttigieg, Mayor City of South Bend, Indiana 2015, at o'clock Filed _ Office 'Vy2?15 CIYV� Y CL�y IN a Fk / a Common Council City of South Bend Indiana 4" Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9321 (574) 235 -9173 Facsimile (574)235 -5567 TFV/TDD February 23, 2015 Members of the Common Council 4 "' Floor County -City Building South Bend, Indiana 46601 Re: Residential Composting Regulations Dear Council Members: The attached Substitute Bill clarifies language set forth in the proposed composting ordinance. We have highlighted the changes in blue for easy referencing purposes. The Law Department and the Code Enforcement Department, as well as the Council Attorney have reviewed the proposed amendatory language and find it to be acceptable. We seek you support. Thank you. S r Valerie Schey Yd District Council Member Oliver J, Davis 6"' District Council Member Attachments cc: Randy Wilkerson, Department of Code Enforcement Interim Director Tasha Reed Outlaw, Assistant City Attorney Office of the City Clerk Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 OF THE SOUTHBEND MUNICIPAL CODE BY THE INCLUSION OF NEW ARTICLE 12 ADDRESSING RESIDENTIAL COMPOSTING REGULATIONS STATEMENT OF PURPOSE AND INTENT The Purdue Extension's publication Home & Environment notes that "composting is a tool" which benefits the soil and "a well - maintained compost pile can reduce the amount of yard and food waste that is sent to the landfills each year. According to the U.S. Environmental Protection Agency (EPA), Americans produce more than four pounds of waste per person per day (or 1,600 pounds per person per year). The EPA estimates that 65 percent of that waste is organic and could be composted into a rich material that can improve the soil and enhance the growth of lawns and gardens ". This publication also noted that composing helps: • "Improved soil fertility • Improved soil structure • Improved water- holding capacity • Reduced erosion • Reduced levels of plant pathogens, insects, and weeds" The City of South Bend, Indiana, is in Region 5 of the Environmental Protection Agencyprograms which states on their website located at http: / /www.ppa.gov /region5 /waste /solidwaste /compost that "Region 5 has supported the following activities to help reduce the amount of food and yard waste that needs to be disposed of, and develop markets for compost" which included municipal composting initiatives and grants, webinars, and workshops. The Common Council desires to encourage composting as well as sustainable living while preserving the quality of life in all residential neighborhoods. In f nthering,the health and public safety of our residents by encouraging composting which benefits soil health, conserves water and helps the environment, all composting conducted in residential neighborhoods must be free from rodents, animal harborage, and odors. The following residential composting regulations are believed to be in the best interests of the City of South Bend, Indiana. C /ir�n'ri, ©rdiiiree,1 J t /re Jonrrre�ir 'iNww,4e1i /e & e`'�rA/ fiul, "9514rrrerr - -, raiwend : Section I. Chapter 14 of the South Bend Municipal Code is hereby amended by the inclusion of new Article 12 which shall read in its entirety as follows: Residential Composting Regulations Ordinance Page 2 Article 12. Residential Composting Regulations. Sec. 14 -116. Definitions. As used in this Article: (a) Community garden means a parcel or parcels of land which is gardened collectives by a group of individuals and /or a non -profit organization(s) where produce plants and related food items are grown or developed for the benefit of the community. (b) Compost means the product produced by the composting of vegetative mater. I (c) Composting is the biological treatment process by which microorganisms decompose the organic component of vegetative matter (such as vard or landscaping waste including leaves grass brush, limbs and branches. (d) Organic materials for composting mean discarded garden plants grass clippings tree leaves and plant trimmings.2 Sec. 14 -117. Compost Area Size and Location Reaulations/Limited Exceptions for Community Gardens. (a) A compost area ma only be located in the rear yard of a residential) zoned parcel, shall be located at least five (5) feet from lot lines, and no closer than twenty (20) feet to any habitable building other than the residential owner's own home. (b) All compost areas shall comply with applicable zoning regulations of Chanter 21 of the South Bend Municipal Code and shall not exceed a total of one hundred (100) cubic feet in volume for city lots less than ten thousand (10,000) square feet and one hundred fifty (150) cubic feet for lots greater than ten thousand (10,000) square feet, and no greater than five (5) feet MO.' (c) If a community garden located within the City is anticipated to exceed the cubic feet This definition is from the Indiana Department of Environmental Management (IDEM) Office of Land Quality publication dated January 24, 2000, a copy of which is on file in the Office of the City Clerk. ' This definition is from the Department of Horticulture's Purdue University Cooperative Extension Service publication written by B. Rosie Lerner entitled "Managing Yard Wastes: Clippings and Compost" Oct. 2002, a copy of which is on file in the Office of the City Clerk. 3 Reasonable set back regulations are consistent with the City's zoning regulations which are to promote "... the public health, safety, comfort, morals, convenience, and general welfare" addressed in South Bend Municipal Code § 21- 01.01(c)(3). Residential Composting Regulations Ordinance Page 3 provisions set forth in paragraph (b) of this Section, the individual(s) charged with managing g the community garden must contact the Department of Code Enforcement and provide the following information: 1. Commonly known address of the location or proposed location of the community Garden; 2. Name of the individual(s) and /or non -profit organization(s) who will manage the community garden and see that it will be maintained; and 3. Map of the parcel(s) of land showing the setback lines, proposed area and proposed size of the compost area. Upon approval by the Director of the Department of Code Enforcement or his/her designee, the comlost area may be developed, subject to all other provisions set forth in this Article. See. 14 -118. Compost Containers. (a) Composting may be conducted within a covered or uncovered container, enclosed on all vertical sides. Containers shall be of a durable material and shall be constructed and maintained in a structurally sound manner. Wood used in the construction of a compost container shall be free of rot. (b) Compost containers include bins, composters and compost digesters. (c) The pile method or having exposed materials for composting is not permitted.' See. 14 -119. Materials Permitted and Not Permitted to be Composted. (a) Only organic materials such as grass clippings, leaves, spent flowers, weeds; as well as sawdust, wood ash, plant trimmings, straw, fruit and vegetable peels, egg shells, lettuce leaves and trimmings from kitchen scraps, coffee grounds, tea leaves/bags, and other raw non - greasy food wastes may be placed in any compost container. (b) None of the following materials shall be placed in any compost container: meat, bones oils, fish, dairy products, any greasy kitchen wastes, bread, plastics, synthetic fibers human or pet wastes, cat litter, treated or painted wood, and diseased plants.5 4 Regulations prohibiting the pile method are consistent with the U.S. Environmental Protection Agency (EPA) publication entitled GreenScapes U.S. EPA Sustainable Landscapes publication entitled `Backyard Composting — It's Only Natural ", October 2009, EPA530 -F -09 -026, a copy of which is on file in the Office of the City Clerk. 5 These regulations are consistent with the Indiana Department of Environmental Management (IDEM)'s Fact Sheet on "Backyard Composting ", August 2013, and Purdue University Cooperative Extension's Home & Environment Residential Composting Regulations Ordinance Page 4 Sec. 14 -120. Maintenance Required. Compost materials shall be layered, aerated, moistened, turned and managed to promote effective decomposition of the materials in a safe, secure and sanitary manner. Compost materials shall be covered with a laver of material such as leaves, straw, wood chips, or finished compost to reduce odors. All compost containers shall be maintained so that they are in compliance with Section 14- 118. Sec. 14 -121 Educational Materials and Postines. The City of South Bend shall prominently post on their official municipal website educational information on composting. Additional information may also be made available through the Department of Code Enforcement and other City offices.6 Sec. 14 -121. Penalties for Non - Compliance. (a) Any person violating any of the regulations set forth in this Article shall be subiect to a fine of twenty -five dollars ($25.00) for a first offense, fifty dollars ($50.00) for a second offense: and not less than two hundred fifty dollars ($250.00) for all subsequent violations. Each dam constitute a distinct and separate offense. All such fines shall be paid to the Ordinance Violations Bureau. (b) The Department of Code Enforcement shall be charged with enforcing the provisions Bend Municipal Code entitled Nuisances; Penalty. Section II. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance 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 III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Valerie Schey, 3'a District Co cil Member publication written by Jason P. deKoff, Brad D. Lee, and Michael V. Mickelbart entitled "Household Composting: Methods and Uses for Compost", November 2007, copies of which is on file in the Office of the City Clerk. I The Indiana Department of Environmental Management (IDEM) published a `Backyard Composting Fact Sheet' which may be accessed at httn: / /www.recvcle.IN.gov /. Residential Composting Regulations Ordinance Page 5 'W IX Office of the City Clerk m. I R READIRGI PUBLIC HEARIRG 3 rd READING NOT APPROVED REFERRED PASSED Oliver J. Davis, 6 " District Council Member J1ook)eCei/by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of 2015, at o'clock . m. Janice Talboom, Deputy Clerk • N. /.� /r�.,.. /by me on the _ day Pete Buttigieg, Mayor City of South Bend, Indiana 2015, at _ o'clock -- - -- --• 3 2014 4eI1 }•_. .t �_,4•S`, •'t� ZiOU iH 13EUD, II ": (574) 235 -9321 January 30, 2015 Members of the Common Council 4`h Floor County-City Building South Bend, Indiana 46601 e� X14 iA/ W, W Vic, l?w Common Council City of South Bend Indiana 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -9173 Facsimile Re: Residential Composting Regulations Dear Council Members: (574)235 -5567 TTY/TDD We are filing the attached proposed ordinance which would create residential composting regulations. They are aimed at the mutual goals of providing opportunities for residents to participate in environmentally -sound composting activities, while being ever mindful of the duties and responsibilities to keep such activities from becoming a quality of life issue in a residential area. Many publications from the Indiana Department of Environmental Management (IDEM), the U.S. Environmental Protection Agency (EPA), the Purdue University Cooperative Extension Service, and several communities which have enacted such regulations have been reviewed, and are referenced in the Bill's footnotes. Input from Randy Wilkerson, Department of Code Enforcement Interim Director was also very helpful during the preparation of this Bill. We believe that the proposed regulations provide a proper balance which are fair, reasonable, and enforceable. We recommend that this Bill be referred to the Council's Health and Public Safety Committee and the Council's Residential Neighborhoods Committee so that they may hold a joint meeting; with public hearing being held by the Common Council on February 23, 2015. Thank you. St{l� el ° Va�!lllerie Schey s_.." Yd District Council Member Attachments Oliver J, Davis 6`s District Council Member cc: Randy Wilkerson, Department of Code Enforcement Office of the City Clerk Q ctioi' ' `$ Office a ?014 ;.t.i i +.Al YCIAIRS t.tii;7:s"JI IEND,IN INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Backyard Composting 988 -7901 (317)232 -8172 www.idem.IN.aov 100 N. Description What is composting? • Composting is the aerobic, oxygen- requiring, decomposition of organic materials by microorganisms. • Bacteria start the process and are responsible for much of the decomposition work. Fungi, protozoans, earthworms, centipedes, beetles and millipedes assist in breaking down the plant tissues. • During composting, the microorganisms consume organic matter and oxygen. Their metabolism gives off heat and gas, and results in a significant reduction in volume and mass of the organic materials. What Can I Compost? • All yard trimmings can be used for composting. However, the use of treated yard debris or diseased or infested plants is not recommended. • Yard trimmings such as leaves, grass clippings, weeds, thatch and the remains of garden plants make excellent compost. • Other desirable additions to a compost pile include ground brush and kitchen scraps such as fruit and vegetable peelings, eggshells and coffee grounds that would otherwise be thrown in the garbage. • Care must be taken when composting kitchen scraps. Do not compost meat, bones and fatty foods such as cheese, salad dressing and cooking oil. These foods ferment or putrefy, causing odors that can attract rodents and other pests. Only experts in composting should attempt to compost these materials. Environmental Impacts: How Does Composting Help the Environment? • Yard trimmings and kitchen scraps use up valuable space in landfills. • Organic materials make up 10 to 20 % of all household wastes. Because of their high moisture content, grass clippings also lower the efficiency of incineration systems. • Compost added to the garden improves soil structure, texture, aeration and water retention. • When mixed with compost, clay soils are loosened and the water retention of sandy soils improves. • Mixing compost with soil also contributes to erosion control, soil fertility, proper pH balance and healthy root development in plants. • The use of compost can also reduce the use of pesticides and chemical fertilizers in your yard. IDEM's Role: • The Indiana Department of Environmental Management (IDEM) is responsible for protecting human health and the environment while providing for safe industrial, agricultural, commercial, and governmental operations vital to a prosperous economy. • IDEM's Office of Land Quality registers or permits large scale composting operations. Backyard composting is encouraged by IDEM's Office of Pollution Prevention and Technical Assistance as an alternative to wasting valuable resources. Citizen's Role: What are the benefits of backyard composting? IDEM Office of Pollution Prevention and Technical Assistance • Composting can save the homeowner time, energy, money (i.e. on fertilizers, pesticides, etc.) and can reduce the amount of waste going to our landfills. • Composting is convenient. It's easier to compost yard trimmings than to bag and drag them to the trash can, curb or landfill. • Composting turns yard trimmings into a resource. Good compost is expensive to buy, but free for the making. Money does grow on trees with home composting. You could also save money on garbage collection and recycling fees. • Composting benefits soil and plants. Using compost helps your plants grow healthier and faster by keeping the soil loose and well drained. • Grass clippings contain valuable nutrients that can generate up to 25 % of your lawn's total fertilizer needs. One - hundred (100) pounds of grass clippings can generate and recycle as much as three (3) to four (4) pounds of nitrogen, one -half to one (1) pound of phosphorus, and two (2) to three (3) pounds of potassium back to the lawn. These are the three (3) most important nutrients needed by lawns, and are commonly supplied in lawn fertilizers. Also, grass clippings do not contribute to thatch (an organic debris layer between the soil and live grass) since grass clippings are 75 -85 % water and decompose readily. • Compost used as a soil amendment should be applied and incorporated into the soil before planting crops, grasses, plants, etc. Apply 1 -3 inches of compost to the soil surface and work it in to the soil to a depth of about 3-4 inches. • In summary, by composting at home, you can help protect the environment, save money and improve your soil at the same time. More Information: • For more information on backyard composting, please visit IDEM's Web site at http://www.recycle.IN.gov/. • For questions and concerns, feel free to call IDEM's Office of Pollution Prevention and Technical Assistance at (800) 988 -7901. Filed in . ` r Office IDEM Office of Pollution Prevention and Technical Assistance (�t- (I is -[ SUBSTITUTE BILL NO. 15-111 RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OPPOSING SENATE BILL 198 AND HOUSE BELL 1019 WHICH WOULD REPEAL THE COMMON CONSTRUCTION WAGE LAW mss, the State of Indiana's Common Construction Wage statute was first enacted in 1935; is commonly referred to as a prevailing wage law; and governs wage rates paid to construction workers on Indiana's public works projects; and IXACmw, wage rates are adopted by Common Construction Wage Committees in each project county in public hearings where a public works project is estimated to exceed $350,000 in construction costs which would be paid for by state or local funds and would be owned or leased with an option to purchase by the state or a political subdivision; and G currently Senate Bill 198 sponsored by State Senator Carlin Yoder and House Bill 1019 sponsored by State Representative Jerry Torr are pending in the Indiana General Assembly, with both bills proposed to repeal Indiana's Common Construction Wage law with an effective date of July 1, 2015; and SB 198 was one of 589 Bills filed and was referred to the Committee on Pensions and Labor on January 6, 2015 and it remains; GjJ we, House Bill 1019 was one of 669 Bills filed and was referred to the Committee on Employment, Labor and Pensions; and now has eight (8) co- sponsors as of February 16, 2015; and 6M;&2e the November 23, 2014 "Fiscal Impact Statement" on HB 1019 reported similar information as that reported on SB 198; and GNP it has been reported that approximately 9.1% of the workforce in the State of Indiana currently belongs to a union; and 4)6m-&, the Indiana Department of Labor's website has information dedicated to the Common Construction Wage where "nearly all wage scales adopted from 2005 to the present are available; with the most recent entry for the City of South Bend being made on January 7, 2015 for project # IDOL 20140696 where wage rates were established by the Common Construction Wage Committee, who were appointed pursuant to Indiana Code § 5 -16 -7 et seq for many classifications listing the total hourly highest and lowest rates for skilled being $73.07 and $31.66; for semiskilled being $60.47 and $30.31; and unskilled $52.19 and $16.95; and projects for St. Joseph County in 2011 through 2015 totaling 68; and Section I. The Common Council recognizes that for the past eighty (80) years, Indiana's Common Construction Wage codified at Indiana Code § 5- 16 -7 -1 et seq., has promoted "efficiency, quality, and safety by providing for a stable, well- trained labor force" on public works projects throughout the state. Common Construction Wage Resolution Page 2 Section II. The two (2) Bills currently pending in the Indiana General Assembly would repeal this state law which would result in a loss of higher wages and fringe benefits for both union and non -union workers; and may undermine proper training for public construction workers similar to the 1930s when workers from outside of the State of Indiana undercut Indiana contractors with less - skilled, lower paid workforces. Section III. The sponsors of the two pending Bills have yet to address any of the potential negative results if either of these Bills are passed, such as how it would impact: • Safety of the workers and the public • Diversity of the workforce • Training and apprenticeship programs • Wages, health care and pension benefits Section IV. Upon the adoption of this Resolution, the City Clerk shall send copies of this Resolution to all elected state officials representing the City of South Bend requesting them to vote "no" on these SB 198 and HB 1019. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Voting in Favor Voting Against John Voorde, City Clerk PRESENTED NOT APPROyED ADOPTED Henry Davis, Jr., 2"d District South Bend Common Council .90/6 Pete Buttigieg, Mayor of South Bend, Indiana Filed +;e rv_... JJ CITY CLFRt6, a .; -; v- ND, IN ��VaN6- (�-- RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, OPPOSING SENATE BILL 198 AND HOUSE BILL 1019 WHICH WOULD REPEAL THE COMMON CONSTRUCTION WAGE LAW QIAC�, the State of Indiana's Common Construction Wage statute was first enacted in 1935; is commonly referred to as a prevailing wage law; and governs wage rates paid to construction workers on Indiana's public works projects; and 9OK;*e, wage rates are adopted by Common Construction Wage Committees in each project county in public hearings where a public works project is estimated to exceed $350,000 in construction costs which would be paid for by state or local funds and would be owned or leased with an option to purchase by the state or a political subdivision; and currently Senate Bill 198 sponsored by State Senator Carlin Yoder and House Bill 1019 sponsored by State Representative Jerry Torr are pending in the Indiana General Assembly, with both bills proposed to repeal Indiana's Common Construction Wage law with an effective date of July 1, 2015; and WAC the December 9, 2014 "Fiscal Impact Statement" prepared by the Legislative Services Agency's Office of Fiscal and Management Analysis on SB 198 states in part that: "...it is reasonable to state that the removal of the common construction way may result in lower compensation plus fringe benefits for workers on public works projects ... [and] could have the following effects: - Overall labor cost associated with public works projects great than $350,000 will be lower with the repeal of the common construction wage statute. The specific amount of cost savings is indeterminate at this time. -Debt incurred to finance projects may decrease due to the lower project costs, thereby reducing bonding and/or property taxes. - Additional funds may be available for other public works projects. Also, capital expenses may be reduced, making more funding available for noncapital expenses in project budgets... Conversely, some studies suggest that these types of prevailing wage systems lead to great efficiency, quality, and safety by providing for a stable, well - trained labor force..."; and 9h(m, SB 198 was one of 589 Bills filed and was referred to the Committee on Pensions and Labor on January 6, 2015 and it remains; House Bill 1019 was one of 669 Bills filed and was referred to the Committee on Employment, Labor and Pensions; and now has eight (8) co- sponsors as of February 16, 2015; and the November 23, 2014 "Fiscal Impact Statement" on HB 1019 reported similar information as that reported on SB 198; and Common Construction Wage Resolution Page 2 GIIC�, it has been reported that approximately 9.1% of the workforce in the State of Indiana currently belongs to a union; and Q6aw4 the Indiana Department of Labor's website has information dedicated to the Common Construction Wage where "nearly all wage scales adopted from 2005 to the present are available; with the most recent entry for the City of South Bend being made on January 7, 2015 for project # IDOL 20140696 where wage rates were established by the Common Construction Wage Committee, who were appointed pursuant to Indiana Code § 5 -16 -7 et seq for many classifications listing the total hourly highest and lowest rates for skilled being $73.07 and $31.66; for semiskilled being $60.47 and $30.31; and unskilled $52.19 and $16.95; and projects for St. Joseph County in 2011 through 2015 totaling 68; and .Foray =om &affiwa&e -Y afe Cl mm-M& �.uutl9r'tle° %Y-0/0 ff a4jb!lo , Section I. The Common Council recognizes that for the past eighty (80) years, Indiana's Common Construction Wage codified at Indiana Code § 5- 16 -7 -1 et seq., has promoted "efficiency, quality, and safety by providing for a stable, well - trained labor force" on public works projects throughout the state. Section II. The two (2) Bills currently pending in the Indiana General Assembly would repeal this state law which would result in a loss of higher wages and fringe benefits for both union and non -union workers; and may undermine proper training for public construction workers similar to the 1930s when workers from outside of the State of Indiana undercut Indiana contractors with less - skilled, lower paid workforces. Section III. The sponsors of the two pending Bills have yet to address any of the potential negative results if either of these Bills are passed, such as how it would impact: • Safety of the workers and the public • Diversity of the workforce • Training and apprenticeship programs • Wages, health care and pension benefits Section IV. Upon the adoption of this Resolution, the City Clerk shall send copies of this Resolution to all elected state officials representing the City of South Bend requesting them to vote "no" on these SB 198 and HB 1019. Section V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Henry Davis, Jr., 2n1 District South Bend Common Council Common Construction Wage Resolution Page 3 Voting in Favor Voting Against John Voorde, City Clerk rHESFNT[p , NOT APPROVf6i ADOPTER UM Pete Buttigieg, Mayor of South Bend, Indiana Rod W-s Office JON - .a .. ocix ef, 0 r. lµa.. The South Bend Common Council Henry Davis, Jr., 2 ^d District Council Member 227 West Jefferson Boulevard, Room 441 Downtown South Bend, Indiana 46601 574.235.5983 hdavis@southbendin.gov February 17, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Common Construction Wage Statute Dear Council Members: Two (2) Bills are currently pending in the Indiana General Assembly calling for the repeal of Indiana's Common Construction Wage law, also referred to as the Prevailing Wage law. I call upon my Council colleagues to join me in opposing HB 1019 and SB 198 by supporting the attached Resolution. Sources in Indianapolis are reporting that House Speaker Brian Bosma is working to develop a plan to push House Bill 1019 through, with an effective date for the repeal being July 1, 2015. This state law has been in effect since 1935. It addresses wages and monetary fringe benefits for public works projects for cities, towns, counties and the state which are over $350,000 and are paid for with local public funds. It has enabled quality- training and apprenticeship programs, as well as fair wages and monetary fringe benefits for over eighty (80) years. This state law has been held to be constitutional by the Courts, in 1996 and in 1983 [See: Bayh v. Indiana State Bldg. & Constr. Trades Council, 674 N.E. 2d 176, 1996 Ind. LEXIS 184 (Ind. 1996) and Board of Comm'rs v. Jones, 457 N.E. 2d 580, 1983 Ind. App. LEXIS 3703 (Ind. App. 1983)] I am attaching a list of 68 public works projects which had Common Construction Wage Scales in 2011 through January 2015 in our county. Each of these projects provided opportunities for hard- working men and women to earn fair wages and monetary fringe benefits representative of their skilled training. I seek your support on this critical issue facing not only the City of South Bend, but the entire State of Indiana. Thank you. Most sincerely, ��p Henry Davis, Jr., 2nd District Council Member South Bend Common Council Ciro DOL: Adopted Common Construction Wage Scales Page 1 of 2 St. Joseph Scale Date Awarding Agency Scale Number Adopted Type 20140696 1/7/2015 City of South Bend AFL -CIO 20140658 12/8/2014 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20140631 11/14/2014 Saint Joseph County Department of Public Works and AFL -CIO Maintenance Department 20140619 11/10/2014 Liberty Township AFL -CIO 20140550 10/1/2014 Indiana University South Bend AFL -CIO 20140538 10/1/2014 City of South Bend AFL -CIO 20140515 9/8/2014 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20140461 8/6/2014 Indiana Department of Natural Resources AFL -CIO 20140378 7/2/2014 Indiana University South Bend AFL -CIO 20140364 7/2/2014 City of South Bend AFL -CIO 20140361 7/2/2014 Saint Joseph County Department of Public Works and AFL-CIO Maintenance Department 20140348 7/2/2014 Board of Commissioners AFL -CIO 20140334 6/9/2014 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20140274 5/7/2014 Saint Joseph County Department of Public Works and AFL -CIO Maintenance Department 20130792 4/2/2014 John Glenn School Corporation AFL -CIO 20130791 4/2/2014 City of South Bend AFL -CIO 20130757 3/10/2014 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20130755 3/5/2014 Indiana University South Bend AFL -CIO 20130741 3/5/2014 School City of Mishawaka AFL -CIO 20130597 1/2/2014 City of South Bend AFL -CIO 20130578 12/11/2013 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20130521 11/6/2013 Indiana University South Bend AFL -CIO 20130468 10/2/2013 City of South Bend AFL -CIO 20130437 9/11/2013 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20130389 8/9/2013 State Armory Board AFL -CIO 20130385 8/7/2013 Indiana University South Bend AFL -CIO 20130309 7/3/2013 City of South Bend AFL -CIO 20130300 6/12/2013 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20130299 6/5/2013 Saint Joseph County Engineering / Surveyor Department AFL -CIO 20130239 5/2/2013 Town of Walkerton ABC 20130232 5/1/2013 Indiana University South Bend AFL -CIO 20130209 5/1/2013 Ivy Tech Community College AFL -CIO 20130139 4/3/2013 Department of Public Works AFL -CIO 20130133 3/12/2013 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20130119 3/6/2013 Penn - Harris - Madison School Corporation AFL -CIO 20130070 3/6/2013 Ivy Tech Community College AFL -CIO 20130062 2/6/2013 Indiana University South Bend AFL -CIO 20120716 1/2/2013 City of South Bend AFL -CIO 20120703 12/12/2012 Board of Public Works and Safety, City of Mishawaka AFL -CIO http: / /www.in.gov /dol /2840.htm 2/17/2015 u vu, a y vj..vu �.vlaalaa Ur.V ov0.l J rage / pi z Scale Number Date Adopted Awarding Agency Scale Type 20120665 11/7/2012 Indiana University South Bend AFL -CIO 20120597 9/27/2012 City of South Bend AFL -CIO 20120574 9/12/2012 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20120493 8/1/2012 Indiana University South Bend AFL -CIO 20120435 7/5/2012 Penn - Harris - Madison School Corporation AFL -CIO 20120355 7/5/2012 Ivy Tech Community College AFL -CIO 20120394 6/27/2012 City of South Bend AFL -CIO 20120350 6/13/2012 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20120331 6/6/2012 Board of Commissioners AFL -CIO 20120237 5/2/2012 Ivy Tech Community College AFL -CIO 20120181 4/4/2012 City of South Bend AFL -CIO 20120167 3/14/2012 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20120193 3/13/2012 Vincennes Universtiy AFL -CIO 20120164 3/7/2012 Board of Commissioners AFL -CIO 20120163 3/7/2012 Penn - Harris - Madison School Corporation AFL -CIO 20120144 3/7/2012 John Glenn School Corporation AFL -CIO 20120078 2/1/2012 Ivy Tech Community College AFL -CIO 20112328 1/4/2012 Indiana University South Bend AFL -CIO 20112324 1/4/2012 City of South Bend AFL -CIO 20112304 11/15/2011 Board of Public Works and Safety, City of Mishawaka AFL -CIO 20112229 10/5/2011 Indiana University South Bend AFL -CIO 20112170 10/5/2011 Ivy Tech Community College AFL -CIO 20112161 10/5/2011 City of South Bend AFL -CIO 20112085 8/18/2011 Board of Public Works and Safety, City of Mishawaka AFL -CIO 201.11069 8/3/2011 Indiana University South Bend AFL -CIO 20112011 7/25/2011 Harris Township AFL -CIO 20111068 7/6/2011 Ivy Tech Community College AFL -CIO 20111067 7/6/2011 Penn - Harris - Madison School Corporation AFL -CIO 20111066 7/6/2011 City Of South Bend AFL -CIO CITY CLEk ?;t, : WI* 1 610, 1 t http: / /www.in.gov /dol /2840.htm 2/17/2015 6-m 03- [ 3.' Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10346 -15 IN ACCORDANCE WITH SECTION 11 THEREOF AND OTHER MATTERS CONNECTED THEREWITH AND REPEALING ORDINANCES INCONSISTENT HEREWITH WHEREAS, South Bend, Indiana (the "City "), is a governmental unit and political subdivision of the State of Indiana (the "State "), whose legislative and fiscal body is the Common Council (the "Council "); and, WHEREAS, on January 26, 2015, the Council adopted Ordinance No. 10346 -15 (the "Original Ordinance ") authorizing the issuance of the City of South Bend, Indiana Economic Development Income Tax Bonds of 2015 (the "Bonds ") in an amount not to exceed $5,680,000; WHEREAS, following adoption of the Original Ordinance, the City and Crowe Horwath (its Financial Advisor) had conversations with a national rating agency regarding rating on the Bonds, and now the City desires to make certain changes to the Original Ordinance; and, WHEREAS, the Council now finds that all conditions precedent to the adoption of an amendatory ordinance have been complied with in accordance with the provisions of the Act; NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. Amendment to Section 7(b)(i) of the Original Ordinance. Section 7(b)(i) of the Original Ordinance shall be amended and restated and shall hereafter read as follows: Bond Principal and Interest Account. As soon as possible upon the monthly receipt of EDIT Revenues by the City, the City shall deposit 1/6 of the interest and 1/6 of the principal due on the EDIT Bonds (as defined in Section 10 hereof) on the next interest and principal payment date into the Bond Principal and Interest Account to be used to pay principal of and interest on the EDIT Bonds when due. SECTION 2. Amendment to Section 10(c) of the Original Ordinance. Section 10(c) of the Original Ordinance shall be amended and restated and shall hereafter read as follows: (c) In the case of a proposed issue of Additional Bonds, the City shall have received a certificate prepared by an independent certified public accountant or an independent financial consultant (the "Certifier "), certifying that the EDIT Revenues to be received by the City (according to the most recent certified distributions for the City reported by the Department of Local Government Finance of the State or similar entity) and combined with other available revenues (as defined below) estimated to be received, is at least equal to 150% of the principal and interest requirements on all outstanding EDIT Bonds, including the proposed issue of Additional Bonds, for each respective year during the term of such outstanding EDIT Bonds. In determining the other available revenues to be received in any future year, the Certifier shall base his calculation on estimates, believed by the Certifier to be reasonable, including without limitation estimates of investment earnings. For purposes of this paragraph, "Other Available Revenues" shall mean, to the extent such amounts have been set aside and designated for such purpose, amounts held in any debt service reserve accounts for outstanding EDIT Bonds, other than the proposed Additional Bonds. SECTION 3. Severability. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4. Original Ordinance Otherwise Unaffected. All other provisions of Original Ordinance No. 10346 -15 not affected by the Amendments set forth in Sections 1 and 2 of this ordinance shall remain in full force and effect. SECTION 5. Interpretation. Unless the context or law clearly requires otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. SECTION 6. Effectiveness. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ATTEST: John Voorde, City Clerk Member, South Bend Com on Council J e 1� 4e. op;o ,1 wd Council a0i= 0n 013 Presented by me to the Mayor of the City of South Bend, Indiana this day of , 2015, at M. John Voorde, City Clerk Approved by me, Mayor of the City of South Bend, Indiana, 2015, at .M. i si READING L- L3—� S PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED 4 Buttigieg, Mayor this day of Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING ORDINANCE NO. 10346 -15 IN ACCORDANCE WITH SECTION 11 THEREOF AND OTHER MATTERS CONNECTED THEREWITH AND REPEALING ORDINANCES INCONSISTENT HEREWITH WHEREAS, South Bend, Indiana (the "City "), is a governmental unit and political subdivision of the State of Indiana (the "State "), whose legislative and fiscal body is the Common Council (the "Council "); and, WHEREAS, on January 26, 2015, the Council adopted Ordinance No. 10346 -15 (the "Original Ordinance ") authorizing the issuance of the City of South Bend, Indiana Economic Development Income Tax Bonds of 2015 (the "Bonds ") in an amount not to exceed $5,680,000; WHEREAS, following adoption of the Original Ordinance, the City and Crowe Horwath (its Financial Advisor) had conversations with a national rating agency regarding rating on the Bonds, and now the City desires to make certain changes to the Original Ordinance; and, WHEREAS, the Council now finds that all conditions precedent to the adoption of an amendatory ordinance have been complied with in accordance with the provisions of the Act; NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1 Amendment to Section 7(b)(i) of the Original Ordinance. Section 7(b)(i) of the Original Ordinance shall be amended and restated and shall hereafter read as follows: Bond Principal and Interest Account. As soon as possible upon the monthly receipt of EDIT Revenues by the City, the City shall deposit 1/6 of the interest and 1/6 of the principal due on the EDIT Bonds (as defined in Section 10 hereof) on the next interest and principal payment date into the Bond Principal and Interest Account to be used to pay principal of and interest on the EDIT Bonds when due. SECTION 2. Amendment to Section 10(c) of the Original Ordinance. Section 10(c) of the Original Ordinance shall be amended and restated and shall hereafter read as follows: (c) In the case of a proposed issue of Additional Bonds, the City shall have received a certificate prepared by an independent certified public accountant or an independent financial consultant Ati � professional riene... be :i..°. bnuxaac -.rte of deten ''-"' the levels of EDIT i : T. dian. (the "Certifier "), certifying that the EDIT Revenues to be received by the City (according to the most recent annual report ek ed distributions for the Citv reported by the Department of Local Government Finance of the State or similar entity) if reeei : ea in eaeh sueeeedifig year-and combined with other available revenues (as defined below) estimated to be received, is at least equal to 150% of the principal and interest requirements on all outstanding EDIT Bonds, including the proposed issue of Additional Bonds, for each respective year during the term of such outstanding EDIT Bonds. In determining the other available revenues to be received in any future year, the Certifier shall base his calculation on estimates, believed by the Certifier to be reasonable, including without limitation estimates of investment earnings. For purposes of this paragraph, "Other Available Revenues" shall mean, to the extent such amounts have been set aside and designated for such purpose, amounts held in any debt service reserve accounts for outstanding EDIT Bonds, other than the proposed Additional Bonds. SECTION 3. Severabilitv. If any section, paragraph or provision of this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 4. Interpretation. Unless the context or law clearly requires otherwise, references herein to statutes or other laws include the same as modified, supplemented or superseded from time to time. SECTION 5. Effectiveness. This Ordinance shall be in full force and effect from and after its passage. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) 1 � i l a15 i 'Near 120ON CouNTr -CiTV BUILDING 227 W JMERSON Bow. SouTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND PETE B=GIEG, MAYOR PHoNE 574/ 235-9216 FAX 5741235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE February 17, 2015 Mr. Tim Scott President City of South Bend Common Council 227 W. Jefferson Boulevard, 4' Floor South Bend, Indiana 46601 RE: City of South Bend, Indiana Economic Development Income Tax Bonds of 2015 Dear Mr. Scott: Enclosed you will find an Amendatory Ordinance that amends portions of Bond Ordinance No. 10346 -15 adopted by the Council on January 26, 2015 (the "Original Ordinance "). We are requesting that this Amendatory Ordinance be submitted to the Common Council for first reading at its February 23, 2015 meeting. The Original Ordinance authorized the issuance of Economic Development Revenue Bonds to pay for various park improvements. Following adoption of the Original Ordinance, staff initiated conversations with Standard & Poor's rating agency ( "S &P ") to provide a rating on the Bonds before sale. Based on those discussions with S &P, the City now desires to make certain amendments to the Original Ordinance, specifically and solely to Sections 7(b)(i) and 10(c) of the Original Ordinance per S & P recommendations. For your information, I am also enclosing a copy of the original language of Sections 7(b) (i) and 10(c) of Ordinance 10346 -15 showing the changes that have been made in the new ordinance. This bill will be presented for first reading on February 23, 2015 and second reading, public hearing and third reading on March 9, 2015. I will present the Amendatory Ordinance. Sincerely, JcU H. Murphy City Controller Enclosures S I 1 ..,ems.... . o